[House Report 115-952]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-952
_______________________________________________________________________
DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2019,
AND FOR OTHER PURPOSES
__________
CONFERENCE REPORT
TO ACCOMPANY
H.R. 6157
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
September 13, 2018.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
31-484 WASHINGTON : 2018
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-952
======================================================================
DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2019,
AND FOR OTHER PURPOSES
_______
September 13, 2018.--Ordered to be printed
_______
Mr. Frelinghuysen, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 6157]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
6157), making appropriations for the Department of Defense for
the fiscal year ending September 30, 2019, and for other
purposes, having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Defense and
Labor, Health and Human Services, and Education Appropriations
Act, 2019 and Continuing Appropriations Act, 2019''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2019
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations
DIVISION B--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES,
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019
Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions
DIVISION C--CONTINUING APPROPRIATIONS ACT, 2019
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2019.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2019
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active duty
(except members of reserve components provided for elsewhere),
cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund,
$42,690,042,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active duty
(except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund,
$30,164,481,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of Public
Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund,
$13,779,038,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $30,074,691,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Reserve
on active duty under sections 10211, 10302, and 3038 of title
10, United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in connection
with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $4,836,947,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Reserve
on active duty under section 10211 of title 10, United States
Code, or while serving on active duty under section 12301(d) of
title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while performing
drills or equivalent duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $2,049,021,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine Corps
Reserve on active duty under section 10211 of title 10, United
States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty, and for members of
the Marine Corps platoon leaders class, and expenses authorized
by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$782,390,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038 of
title 10, United States Code, or while serving on active duty
under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $1,860,406,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army National
Guard while on duty under sections 10211, 10302, or 12402 of
title 10 or section 708 of title 32, United States Code, or
while serving on duty under section 12301(d) of title 10 or
section 502(f) of title 32, United States Code, in connection
with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $8,600,945,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air National
Guard on duty under sections 10211, 10305, or 12402 of title 10
or section 708 of title 32, United States Code, or while
serving on duty under section 12301(d) of title 10 or section
502(f) of title 32, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $3,699,080,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$40,145,482,000: Provided, That not to exceed $12,478,000 can
be used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the
Army, and payments may be made on his certificate of necessity
for confidential military purposes.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law, $48,034,826,000: Provided, That not to
exceed $15,055,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Navy, and payments may be
made on his certificate of necessity for confidential military
purposes.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by
law, $6,540,049,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law, $40,379,184,000: Provided, That not to exceed $7,699,000
can be used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the
Air Force, and payments may be made on his certificate of
necessity for confidential military purposes.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments), as
authorized by law, $35,613,354,000: Provided, That not more
than $7,503,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this
heading, not less than $42,300,000 shall be made available for
the Procurement Technical Assistance Cooperative Agreement
Program, of which not less than $4,500,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further,
That none of the funds appropriated or otherwise made available
by this Act may be used to plan or implement the consolidation
of a budget or appropriations liaison office of the Office of
the Secretary of Defense, the office of the Secretary of a
military department, or the service headquarters of one of the
Armed Forces into a legislative affairs or legislative liaison
office: Provided further, That $19,160,000, to remain
available until expended, is available only for expenses
relating to certain classified activities, and may be
transferred as necessary by the Secretary of Defense to
operation and maintenance appropriations or research,
development, test and evaluation appropriations, to be merged
with and to be available for the same time period as the
appropriations to which transferred: Provided further, That
any ceiling on the investment item unit cost of items that may
be purchased with operation and maintenance funds shall not
apply to the funds described in the preceding proviso:
Provided further, That of the funds provided under this
heading, $663,969,000, of which $165,992,000, to remain
available until September 30, 2020, shall be available to
provide support and assistance to foreign security forces or
other groups or individuals to conduct, support or facilitate
counterterrorism, crisis response, or other Department of
Defense security cooperation programs: Provided further, That
the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in
this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$2,781,402,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,018,006,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $271,570,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $3,191,734,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau; supplying and equipping the Army National Guard
as authorized by law; and expenses of repair, modification,
maintenance, and issue of supplies and equipment (including
aircraft), $7,118,831,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished from
stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis
as authorized by law for Air National Guard personnel on active
Federal duty, for Air National Guard commanders while
inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau, $6,420,697,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $14,662,000, of which
not to exceed $5,000 may be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $235,809,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Army, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $365,883,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Navy, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $365,808,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds are required for environmental restoration, reduction and
recycling of hazardous waste, removal of unsafe buildings and
debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period as
the appropriations to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer
authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $19,002,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of Defense, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of Defense, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $248,673,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 407, 2557, and 2561 of title 10, United States Code),
$117,663,000, to remain available until September 30, 2020.
Cooperative Threat Reduction Account
For assistance, including assistance provided by contract
or by grants, under programs and activities of the Department
of Defense Cooperative Threat Reduction Program authorized
under the Department of Defense Cooperative Threat Reduction
Act, $350,240,000, to remain available until September 30,
2021.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce
Development Fund, $450,000,000, to remain available for
obligation until September 30, 2020: Provided, That no other
amounts may be otherwise credited or transferred to the Fund,
or deposited into the Fund, in fiscal year 2019 pursuant to
section 1705(d) of title 10, United States Code.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $4,299,566,000, to remain
available for obligation until September 30, 2021.
Missile Procurement, Army
For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $3,145,256,000, to remain
available for obligation until September 30, 2021.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $4,486,402,000, to remain available for
obligation until September 30, 2021.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $2,276,330,000, to remain available for
obligation until September 30, 2021.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; communications and electronic equipment;
other support equipment; spare parts, ordnance, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $7,844,691,000, to remain
available for obligation until September 30, 2021.
Aircraft Procurement, Navy
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway, $20,092,199,000, to remain available for
obligation until September 30, 2021.
Weapons Procurement, Navy
For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $3,711,576,000, to remain
available for obligation until September 30, 2021.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $952,682,000, to remain available for
obligation until September 30, 2021.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including armor
and armament thereof, plant equipment, appliances, and machine
tools and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; procurement of critical, long lead time components and
designs for vessels to be constructed or converted in the
future; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title, as follows:
Ohio Replacement Submarine (AP), $3,173,400,000;
Carrier Replacement Program (CVN-80),
$1,573,181,000;
Virginia Class Submarine, $4,340,676,000;
Virginia Class Submarine (AP), $2,796,401,000;
CVN Refueling Overhauls (AP), $425,873,000;
DDG-1000 Program, $270,965,000;
DDG-51 Destroyer, $5,249,837,000;
DDG-51 Destroyer (AP), $641,928,000;
Littoral Combat Ship, $1,571,244,000;
LPD-17, $350,000,000;
Expeditionary Sea Base, $647,000,000;
LHA Replacement (AP), $350,000,000;
Expeditionary Fast Transport, $225,000,000;
TAO Fleet Oiler, $977,104,000;
TAO Fleet Oiler (AP), $75,046,000;
Towing Salvage and Rescue Ship, $80,517,000;
LCU 1700, $41,520,000;
Ship to Shore Connector, $507,875,000;
Service Craft, $72,062,000;
LCAC SLEP, $23,321,000;
For outfitting, post delivery, conversions, and
first destination transportation, $550,038,000; and
Completion of Prior Year Shipbuilding Programs,
$207,099,000.
In all: $24,150,087,000, to remain available for obligation
until September 30, 2023: Provided, That additional
obligations may be incurred after September 30, 2023, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage of ship
construction: Provided further, That none of the funds
provided under this heading for the construction or conversion
of any naval vessel to be constructed in shipyards in the
United States shall be expended in foreign facilities for the
construction of major components of such vessel: Provided
further, That none of the funds provided under this heading
shall be used for the construction of any naval vessel in
foreign shipyards: Provided further, That funds appropriated
or otherwise made available by this Act for production of the
common missile compartment of nuclear-powered vessels may be
available for multiyear procurement of critical components to
support continuous production of such compartments only in
accordance with the provisions of subsection (i) of section
2218a of title 10, United States Code (as added by section 1023
of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328)): Provided further, That the funds made
available by this Act for the Carrier Replacement Program (CVN-
80) may be available to modify or enter into a new contract for
the procurement of a Ford-class aircraft carrier designated
CVN-81 pursuant to section 121 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019.
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only; expansion of public and
private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement
and installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $9,097,138,000, to remain
available for obligation until September 30, 2021.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title, $2,719,870,000, to remain available
for obligation until September 30, 2021.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized ground
handling equipment, and training devices, spare parts, and
accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes including
rents and transportation of things, $17,112,337,000, to remain
available for obligation until September 30, 2021.
Missile Procurement, Air Force
For construction, procurement, and modification of
missiles, rockets, and related equipment, including spare parts
and accessories therefor; ground handling equipment, and
training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes including rents and transportation of
things, $2,585,004,000, to remain available for obligation
until September 30, 2021.
Space Procurement, Air Force
For construction, procurement, and modification of
spacecraft, rockets, and related equipment, including spare
parts and accessories therefor; ground handling equipment, and
training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes including rents and transportation of
things, $2,343,642,000, to remain available for obligation
until September 30, 2021.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $1,485,856,000, to remain available for
obligation until September 30, 2021.
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only; lease of passenger motor vehicles; and expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon, prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway,
$20,884,225,000, to remain available for obligation until
September 30, 2021.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary for
procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection of
structures, and acquisition of land for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $6,822,180,000, to remain available for obligation
until September 30, 2021.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical
and support vehicles; other weapons; and other procurement
items for the reserve components of the Armed Forces,
$1,300,000,000, to remain available for obligation until
September 30, 2021: Provided, That the Chiefs of National
Guard and Reserve components shall, not later than 30 days
after enactment of this Act, individually submit to the
congressional defense committees the modernization priority
assessment for their respective National Guard or Reserve
component: Provided further, That none of the funds made
available by this paragraph may be used to procure manned fixed
wing aircraft, or procure or modify missiles, munitions, or
ammunition.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $53,578,000, to
remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $11,083,824,000, to remain available for
obligation until September 30, 2020.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $18,510,564,000, to remain available for
obligation until September 30, 2020: Provided, That funds
appropriated in this paragraph which are available for the V-22
may be used to meet unique operational requirements of the
Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $41,229,475,000, to remain available for
obligation until September 30, 2020.
Research, Development, Test and Evaluation, Defense-Wide
(including transfer of funds)
For expenses of activities and agencies of the Department
of Defense (other than the military departments), necessary for
basic and applied scientific research, development, test and
evaluation; advanced research projects as may be designated and
determined by the Secretary of Defense, pursuant to law;
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $23,691,836,000, to remain available for
obligation until September 30, 2020: Provided, That, of the
funds made available in this paragraph, $250,000,000 for the
Defense Rapid Innovation Program shall only be available for
expenses, not otherwise provided for, to include program
management and oversight, to conduct research, development,
test and evaluation to include proof of concept demonstration;
engineering, testing, and validation; and transition to full-
scale production: Provided further, That the Secretary of
Defense may transfer funds provided herein for the Defense
Rapid Innovation Program to appropriations for research,
development, test and evaluation to accomplish the purpose
provided herein: Provided further, That this transfer
authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
the Secretary of Defense shall, not fewer than 30 days prior to
making transfers from this appropriation, notify the
congressional defense committees in writing of the details of
any such transfer.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and evaluation;
and administrative expenses in connection therewith,
$381,009,000, to remain available for obligation until
September 30, 2020.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,641,115,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as authorized
by law, $34,007,519,000; of which $30,953,422,000 shall be for
operation and maintenance, of which not to exceed one percent
shall remain available for obligation until September 30, 2020,
and of which up to $15,118,801,000 may be available for
contracts entered into under the TRICARE program; of which
$873,160,000, to remain available for obligation until
September 30, 2021, shall be for procurement; and of which
$2,180,937,000, to remain available for obligation until
September 30, 2020, shall be for research, development, test
and evaluation: Provided, That, notwithstanding any other
provision of law, of the amount made available under this
heading for research, development, test and evaluation, not
less than $8,000,000 shall be available for HIV prevention
educational activities undertaken in connection with United
States military training, exercises, and humanitarian
assistance activities conducted primarily in African nations:
Provided further, That of the funds provided under this heading
for research, development, test and evaluation, not less than
$1,171,100,000 shall be made available to the United States
Army Medical Research and Materiel Command to carry out the
congressionally directed medical research programs.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical weapon
stockpile, $993,816,000, of which $105,997,000 shall be for
operation and maintenance, of which no less than $52,735,000
shall be for the Chemical Stockpile Emergency Preparedness
Program, consisting of $21,600,000 for activities on military
installations and $31,135,000, to remain available until
September 30, 2020, to assist State and local governments;
$1,091,000 shall be for procurement, to remain available until
September 30, 2021, of which $1,091,000 shall be for the
Chemical Stockpile Emergency Preparedness Program to assist
State and local governments; and $886,728,000, to remain
available until September 30, 2020, shall be for research,
development, test and evaluation, of which $880,283,000 shall
only be for the Assembled Chemical Weapons Alternatives
program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations available
to the Department of Defense for military personnel of the
reserve components serving under the provisions of title 10 and
title 32, United States Code; for operation and maintenance;
for procurement; and for research, development, test and
evaluation, $881,525,000, of which $517,171,000 shall be for
counter-narcotics support; $121,900,000 shall be for the drug
demand reduction program; $217,178,000 shall be for the
National Guard counter-drug program; and $25,276,000 shall be
for the National Guard counter-drug schools program: Provided,
That the funds appropriated under this heading shall be
available for obligation for the same time period and for the
same purpose as the appropriation to which transferred:
Provided further, That upon a determination that all or part of
the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That
the transfer authority provided under this heading is in
addition to any other transfer authority contained elsewhere in
this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, as amended, $329,273,000, of which $325,236,000
shall be for operation and maintenance, of which not to exceed
$700,000 is available for emergencies and extraordinary
expenses to be expended on the approval or authority of the
Inspector General, and payments may be made on the Inspector
General's certificate of necessity for confidential military
purposes; of which $60,000, to remain available for obligation
until September 30, 2021, shall be for procurement; and of
which $3,977,000, to remain available until September 30, 2020,
shall be for research, development, test and evaluation.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central Intelligence
Agency Retirement and Disability System, $514,000,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $522,424,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense funded
by this Act shall not be at a rate in excess of the percentage
increase authorized by law for civilian employees of the
Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by the
appropriate host nation to its own employees, whichever is
higher: Provided further, That this section shall not apply to
Department of Defense foreign service national employees
serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of
1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department
of Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to
obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers'
Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he may,
with the approval of the Office of Management and Budget,
transfer not to exceed $4,000,000,000 of working capital funds
of the Department of Defense or funds made available in this
Act to the Department of Defense for military functions (except
military construction) between such appropriations or funds or
any subdivision thereof, to be merged with and to be available
for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided, That
such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where
the item for which funds are requested has been denied by the
Congress: Provided further, That the Secretary of Defense
shall notify the Congress promptly of all transfers made
pursuant to this authority or any other authority in this Act:
Provided further, That no part of the funds in this Act shall
be available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where
the item for which reprogramming is requested has been denied
by the Congress: Provided further, That a request for multiple
reprogrammings of funds using authority provided in this
section shall be made prior to June 30, 2019: Provided
further, That transfers among military personnel appropriations
shall not be taken into account for purposes of the limitation
on the amount of funds that may be transferred under this
section.
Sec. 8006. (a) With regard to the list of specific
programs, projects, and activities (and the dollar amounts and
adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled Explanation of Project Level Adjustments in the
explanatory statement regarding this Act, the obligation and
expenditure of amounts appropriated or otherwise made available
in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are
hereby required by law to be carried out in the manner provided
by such tables to the same extent as if the tables were
included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the
amounts described in subsection (a) occur between appropriation
accounts.
Sec. 8007. (a) Not later than 60 days after enactment of
this Act, the Department of Defense shall submit a report to
the congressional defense committees to establish the baseline
for application of reprogramming and transfer authorities for
fiscal year 2019: Provided, That the report shall include--
(1) a table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) a delineation in the table for each
appropriation both by budget activity and program,
project, and activity as detailed in the Budget
Appendix; and
(3) an identification of items of special
congressional interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for reprogramming
or transfer until the report identified in subsection (a) is
submitted to the congressional defense committees, unless the
Secretary of Defense certifies in writing to the congressional
defense committees that such reprogramming or transfer is
necessary as an emergency requirement: Provided, That this
subsection shall not apply to transfers from the following
appropriations accounts:
(1) ``Environmental Restoration, Army'';
(2) ``Environmental Restoration, Navy'';
(3) ``Environmental Restoration, Air Force'';
(4) ``Environmental Restoration, Defense-Wide'';
(5) ``Environmental Restoration, Formerly Used
Defense Sites''; and
(6) ``Drug Interdiction and Counter-drug
Activities, Defense''.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances
in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United States
Code, may be maintained in only such amounts as are necessary
at any time for cash disbursements to be made from such funds:
Provided, That transfers may be made between such funds:
Provided further, That transfers may be made between working
capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by
the Secretary of Defense, with the approval of the Office of
Management and Budget, except that such transfers may not be
made unless the Secretary of Defense has notified the Congress
of the proposed transfer: Provided further, That except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a working
capital fund to procure or increase the value of war reserve
material inventory, unless the Secretary of Defense has
notified the Congress prior to any such obligation.
Sec. 8009. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification
30 calendar days in advance to the congressional defense
committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000 in
any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the congressional
defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part
of any appropriation contained in this Act shall be available
to initiate a multiyear contract for which the economic order
quantity advance procurement is not funded at least to the
limits of the Government's liability: Provided further, That
no part of any appropriation contained in this Act shall be
available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear
contract would exceed $500,000,000 unless specifically provided
in this Act: Provided further, That no multiyear procurement
contract can be terminated without 30-day prior notification to
the congressional defense committees: Provided further, That
the execution of multiyear authority shall require the use of a
present value analysis to determine lowest cost compared to an
annual procurement: Provided further, That none of the funds
provided in this Act may be used for a multiyear contract
executed after the date of the enactment of this Act unless in
the case of any such contract--
(1) the Secretary of Defense has submitted to
Congress a budget request for full funding of units to
be procured through the contract and, in the case of a
contract for procurement of aircraft, that includes,
for any aircraft unit to be procured through the
contract for which procurement funds are requested in
that budget request for production beyond advance
procurement activities in the fiscal year covered by
the budget, full funding of procurement of such unit in
that fiscal year;
(2) cancellation provisions in the contract do not
include consideration of recurring manufacturing costs
of the contractor associated with the production of
unfunded units to be delivered under the contract;
(3) the contract provides that payments to the
contractor under the contract shall not be made in
advance of incurred costs on funded units; and
(4) the contract does not provide for a price
adjustment based on a failure to award a follow-on
contract.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts for any or all of the following
projects:
(1) Standard Missile-3 IB;
(2) Standard Missile-6;
(3) F/A-18E/F Super Hornet and EA-18G Aircraft
variants;
(4) E-2D Advanced Hawkeye (AHE) Aircraft;
(5) C-130J, KC-130J, HC-130J, MC-130J, AC-130J
Aircraft; and
(6) SSN Virginia Class Submarines and Government-
furnished equipment.
Sec. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United States
Code, for humanitarian and civic assistance costs under chapter
20 of title 10, United States Code. Such funds may also be
obligated for humanitarian and civic assistance costs
incidental to authorized operations and pursuant to authority
granted in section 401 of chapter 20 of title 10, United States
Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That
funds available for operation and maintenance shall be
available for providing humanitarian and similar assistance by
using Civic Action Teams in the Trust Territories of the
Pacific Islands and freely associated states of Micronesia,
pursuant to the Compact of Free Association as authorized by
Public Law 99-239: Provided further, That upon a determination
by the Secretary of the Army that such action is beneficial for
graduate medical education programs conducted at Army medical
facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities
and transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8012. (a) During the current fiscal year, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day of
such fiscal year.
(b) The fiscal year 2020 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2020 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2020.
(c) As required by section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10
U.S.C. 2358 note) civilian personnel at the Department of Army
Science and Technology Reinvention Laboratories may not be
managed on the basis of the Table of Distribution and
Allowances, and the management of the workforce strength shall
be done in a manner consistent with the budget available with
respect to such Laboratories.
(d) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8013. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before the Congress.
Sec. 8014. None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any
member of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward completion
of a service commitment: Provided, That this section shall not
apply to those members who have reenlisted with this option
prior to October 1, 1987: Provided further, That this section
applies only to active components of the Army.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege Program
developmental assistance agreement pursuant to section 831 of
the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 2302 note), as amended, under
the authority of this provision or any other transfer authority
contained in this Act.
Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the anchor
and mooring chain are manufactured in the United States from
components which are substantially manufactured in the United
States: Provided, That for the purpose of this section, the
term ``manufactured'' shall include cutting, heat treating,
quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for
the purpose of this section substantially all of the components
of anchor and mooring chain shall be considered to be produced
or manufactured in the United States if the aggregate cost of
the components produced or manufactured in the United States
exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That
when adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis, the
Secretary of the service responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations that such an
acquisition must be made in order to acquire capability for
national security purposes.
Sec. 8017. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a
military installation located in the United States unless such
malt beverages and wine are procured within that State, or in
the case of the District of Columbia, within the District of
Columbia, in which the military installation is located:
Provided, That, in a case in which the military installation is
located in more than one State, purchases may be made in any
State in which the installation is located: Provided further,
That such local procurement requirements for malt beverages and
wine shall apply to all alcoholic beverages only for military
installations in States which are not contiguous with another
State: Provided further, That alcoholic beverages other than
wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
Sec. 8018. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that are
not otherwise prohibited from commercial sale under Federal
law, unless the small arms ammunition or ammunition components
are certified by the Secretary of the Army or designee as
unserviceable or unsafe for further use.
Sec. 8019. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization, unit,
activity or function of the Department of Defense into or
within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8020. Of the funds made available in this Act,
$25,000,000 shall be available for incentive payments
authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a
subcontractor at any tier that makes a subcontract award to any
subcontractor or supplier as defined in section 1544 of title
25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed
additional compensation under section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves
the expenditure of funds appropriated by an Act making
appropriations for the Department of Defense with respect to
any fiscal year: Provided further, That notwithstanding
section 1906 of title 41, United States Code, this section
shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any
subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part, by any
subcontractor or supplier defined in section 1544 of title 25,
United States Code, or a small business owned and controlled by
an individual or individuals defined under section 4221(9) of
title 25, United States Code.
Sec. 8021. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8022. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of
title 10, United States Code, in anticipation of receipt of
contributions, only from the Government of Kuwait, under that
section: Provided, That, upon receipt, such contributions from
the Government of Kuwait shall be credited to the
appropriations or fund which incurred such obligations.
Sec. 8023. (a) Of the funds made available in this Act, not
less than $46,100,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $33,600,000 shall be available from ``Operation
and Maintenance, Air Force'' to support Civil Air
Patrol Corporation operation and maintenance,
readiness, counter-drug activities, and drug demand
reduction activities involving youth programs;
(2) $10,800,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $1,700,000 shall be available from ``Other
Procurement, Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive
reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and local
government agencies.
Sec. 8024. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or as
a nonprofit membership corporation consisting of a consortium
of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection shall
be allowed travel expenses and per diem as authorized under the
Federal Joint Travel Regulations, when engaged in the
performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during the
current fiscal year may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings not located on a military installation, for payment
of cost sharing for projects funded by Government grants, for
absorption of contract overruns, or for certain charitable
contributions, not to include employee participation in
community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2019, not
more than 6,030 staff years of technical effort (staff years)
may be funded for defense FFRDCs: Provided, That, of the
specific amount referred to previously in this subsection, not
more than 1,125 staff years may be funded for the defense
studies and analysis FFRDCs: Provided further, That this
subsection shall not apply to staff years funded in the
National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2020 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC during
that fiscal year and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $179,000,000: Provided, That this subsection shall
not apply to appropriations for the National Intelligence
Program (NIP) and the Military Intelligence Program (MIP).
Sec. 8025. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy,
or armor steel plate for use in any Government-owned facility
or property under the control of the Department of Defense
which were not melted and rolled in the United States or
Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American
Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or armor
steel plate: Provided further, That the Secretary of the
military department responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes:
Provided further, That these restrictions shall not apply to
contracts which are in being as of the date of the enactment of
this Act.
Sec. 8026. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives.
Sec. 8027. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private bids:
Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8028. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms of
the agreement by discriminating against certain types of
products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with respect
to such types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the Buy
American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2019. Such report shall
separately indicate the dollar value of items for which the Buy
American Act was waived pursuant to any agreement described in
subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C.
2501 et seq.), or any international agreement to which the
United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means chapter 83 of title 41, United States Code.
Sec. 8029. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section 2921(c)(2)
of that Act.
Sec. 8030. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the
States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, Minnesota, and Washington relocatable military housing
units located at Grand Forks Air Force Base, Malmstrom Air
Force Base, Mountain Home Air Force Base, Ellsworth Air Force
Base, and Minot Air Force Base that are excess to the needs of
the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington. Any such conveyance shall be subject
to the condition that the housing units shall be removed within
a reasonable period of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list published
by the Secretary of the Interior under section 104 of the
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-
454; 108 Stat. 4792; 25 U.S.C. 5131).
Sec. 8031. During the current fiscal year, appropriations
which are available to the Department of Defense for operation
and maintenance may be used to purchase items having an
investment item unit cost of not more than $250,000.
Sec. 8032. None of the funds made available by this Act
may be used to--
(1) disestablish, or prepare to disestablish, a
Senior Reserve Officers' Training Corps program in
accordance with Department of Defense Instruction
Number 1215.08, dated June 26, 2006; or
(2) close, downgrade from host to extension center,
or place on probation a Senior Reserve Officers'
Training Corps program in accordance with the
information paper of the Department of the Army titled
``Army Senior Reserve Officer's Training Corps (SROTC)
Program Review and Criteria'', dated January 27, 2014.
Sec. 8033. Up to $10,518,000 of the funds appropriated
under the heading ``Operation and Maintenance, Navy'' may be
made available for the Asia Pacific Regional Initiative Program
for the purpose of enabling the Pacific Command to execute
Theater Security Cooperation activities such as humanitarian
assistance, and payment of incremental and personnel costs of
training and exercising with foreign security forces:
Provided, That funds made available for this purpose may be
used, notwithstanding any other funding authorities for
humanitarian assistance, security assistance or combined
exercise expenses: Provided further, That funds may not be
obligated to provide assistance to any foreign country that is
otherwise prohibited from receiving such type of assistance
under any other provision of law.
Sec. 8034. The Secretary of Defense shall issue
regulations to prohibit the sale of any tobacco or tobacco-
related products in military resale outlets in the United
States, its territories and possessions at a price below the
most competitive price in the local community: Provided, That
such regulations shall direct that the prices of tobacco or
tobacco-related products in overseas military retail outlets
shall be within the range of prices established for military
retail system stores located in the United States.
Sec. 8035. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an
investment item for the purpose of acquiring a new inventory
item for sale or anticipated sale during the current fiscal
year or a subsequent fiscal year to customers of the Department
of Defense Working Capital Funds if such an item would not have
been chargeable to the Department of Defense Business
Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current
fiscal year to appropriations made to the Department of Defense
for procurement.
(b) The fiscal year 2020 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2020 Department of
Defense budget shall be prepared and submitted to the Congress
on the basis that any equipment which was classified as an end
item and funded in a procurement appropriation contained in
this Act shall be budgeted for in a proposed fiscal year 2020
procurement appropriation and not in the supply management
business area or any other area or category of the Department
of Defense Working Capital Funds.
Sec. 8036. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year, except
for funds appropriated for the Reserve for Contingencies, which
shall remain available until September 30, 2020: Provided,
That funds appropriated, transferred, or otherwise credited to
the Central Intelligence Agency Central Services Working
Capital Fund during this or any prior or subsequent fiscal year
shall remain available until expended: Provided further, That
any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development
acquisition, for agent operations, and for covert action
programs authorized by the President under section 503 of the
National Security Act of 1947 (50 U.S.C. 3093) shall remain
available until September 30, 2020.
Sec. 8037. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance, Defense-
Wide'', not less than $12,000,000 shall be made available only
for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative
support, the gathering of information, documenting of
environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of
Defense activities.
Sec. 8038. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means chapter 83 of title 41, United
States Code.
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing a
``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f of
title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the
Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality competitive, and
available in a timely fashion.
Sec. 8039. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed
Forces or civilian employee of the department who is
transferred or reassigned from a headquarters activity
if the member or employee's place of duty remains at
the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and certifies
to the Committees on Appropriations of the House of
Representatives and the Senate that the granting of the waiver
will reduce the personnel requirements or the financial
requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the
National Intelligence Program;
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of
improvised explosive devices, and, as determined by the
Secretary of the Army, other similar threats;
(3) an Army field operating agency established to
improve the effectiveness and efficiencies of biometric
activities and to integrate common biometric
technologies throughout the Department of Defense; or
(4) an Air Force field operating agency established
to administer the Air Force Mortuary Affairs Program
and Mortuary Operations for the Department of Defense
and authorized Federal entities.
Sec. 8040. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
Department of Defense civilian employees unless--
(1) the conversion is based on the result of a
public-private competition that includes a most
efficient and cost effective organization plan
developed by such activity or function;
(2) the Competitive Sourcing Official determines
that, over all performance periods stated in the
solicitation of offers for performance of the activity
or function, the cost of performance of the activity or
function by a contractor would be less costly to the
Department of Defense by an amount that equals or
exceeds the lesser of--
(A) 10 percent of the most efficient
organization's personnel-related costs for
performance of that activity or function by
Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage
for a proposal that would reduce costs for the
Department of Defense by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are
to be employed in the performance of that
activity or function under the contract; or
(B) offering to such workers an employer-
sponsored health benefits plan that requires
the employer to contribute less towards the
premium or subscription share than the amount
that is paid by the Department of Defense for
health benefits for civilian employees under
chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement, or
policy to the contrary shall have full authority to enter into
a contract for the performance of any commercial or industrial
type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act
(section 8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely
handicapped individuals in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by
an Indian tribe, as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b(e)), or a Native Hawaiian Organization,
as defined in section 8(a)(15) of the Small Business
Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or outsourcing
goal, target, or measurement that may be established by
statute, regulation, or policy and is deemed to be awarded
under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(rescissions)
Sec. 8041. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That no amounts may be rescinded
from amounts that were designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism or as an
emergency requirement pursuant to the Concurrent Resolution on
the Budget or the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended:
``Shipbuilding and Conversion, Navy: DDG-51
Destroyer'', 2011/2020, $94,000,000;
``Shipbuilding and Conversion, Navy: CVN RCOH
(AP)'', 2011/2020, $4,000,000;
``Shipbuilding and Conversion, Navy: DDG-51
Destroyer'', 2012/2020, $66,000,000;
``Shipbuilding and Conversion, Navy: LPD-17'',
2012/2020, $13,000,000;
``Shipbuilding and Conversion, Navy: Joint High
Speed Vessel'', 2012/2020, $8,000,000;
``Aircraft Procurement, Army'', 2017/2019,
$16,000,000;
``Aircraft Procurement, Navy'', 2017/2019,
$38,894,000;
``Other Procurement, Navy'', 2017/2019,
$32,344,000;
``Aircraft Procurement, Air Force'', 2017/2019,
$169,677,000;
``Space Procurement, Air Force'', 2017/2019,
$5,000,000;
``Other Procurement, Air Force'', 2017/2019,
$44,300,000;
``Defense Health Program: Procurement'', 2017/2019,
$2,413,000;
``Missile Procurement, Army'', 2018/2020,
$80,000,000;
``Procurement of Weapons and Tracked Combat
Vehicles, Army'', 2018/2020, $210,506,000;
``Other Procurement, Army'', 2018/2020,
$64,390,000;
``Aircraft Procurement, Navy'', 2018/2020,
$26,361,000;
``Weapons Procurement, Navy'', 2018/2020,
$115,657,000;
``Other Procurement, Navy'', 2018/2020,
$36,600,000;
``Aircraft Procurement, Air Force'', 2018/2020,
$195,255,000;
``Missile Procurement, Air Force'', 2018/2020,
$5,200,000;
``Space Procurement, Air Force'', 2018/2020,
$218,100,000;
``Procurement of Ammunition, Air Force'', 2018/
2020, $17,100,000;
``Other Procurement, Air Force'', 2018/2020,
$123,500,000;
``Research, Development, Test and Evaluation,
Army'', 2018/2019, $191,120,000;
``Research, Development, Test and Evaluation, Air
Force'', 2018/2019, $490,588,000;
``Research, Development, Test and Evaluation,
Defense-Wide'', 2018/2019, $25,000,000; and
``Defense Health Program: Procurement'', 2018/2020,
$215,000,000.
Sec. 8042. None of the funds available in this Act may be
used to reduce the authorized positions for military
technicians (dual status) of the Army National Guard, Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military technicians
(dual status), unless such reductions are a direct result of a
reduction in military force structure.
Sec. 8043. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea unless
specifically appropriated for that purpose.
Sec. 8044. Funds appropriated in this Act for operation
and maintenance of the Military Departments, Combatant Commands
and Defense Agencies shall be available for reimbursement of
pay, allowances and other expenses which would otherwise be
incurred against appropriations for the National Guard and
Reserve when members of the National Guard and Reserve provide
intelligence or counterintelligence support to Combatant
Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the
National Intelligence Program and the Military Intelligence
Program: Provided, That nothing in this section authorizes
deviation from established Reserve and National Guard personnel
and training procedures.
Sec. 8045. (a) None of the funds available to the
Department of Defense for any fiscal year for drug interdiction
or counter-drug activities may be transferred to any other
department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction or counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided in
an appropriations law.
Sec. 8046. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic supplies
are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes:
Provided further, That this restriction shall not apply to the
purchase of ``commercial items'', as defined by section 103 of
title 41, United States Code, except that the restriction shall
apply to ball or roller bearings purchased as end items.
Sec. 8047. Of the amounts appropriated for ``Working
Capital Fund, Army'', $99,000,000 shall be available to
maintain competitive rates at the arsenals.
Sec. 8048. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $44,000,000 is
hereby appropriated to the Department of Defense: Provided,
That upon the determination of the Secretary of Defense that it
shall serve the national interest, the Secretary shall make
grants in the amounts specified as follows: $20,000,000 to the
United Service Organizations and $24,000,000 to the Red Cross.
Sec. 8049. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security
purposes that is not available from United States
manufacturers.
Sec. 8050. Notwithstanding any other provision in this
Act, the Small Business Innovation Research program and the
Small Business Technology Transfer program set-asides shall be
taken proportionally from all programs, projects, or activities
to the extent they contribute to the extramural budget.
Sec. 8051. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to pay
a contractor under a contract with the Department of Defense
for costs of any amount paid by the contractor to an employee
when--
(1) such costs are for a bonus or otherwise in
excess of the normal salary paid by the contractor to
the employee; and
(2) such bonus is part of restructuring costs
associated with a business combination.
(including transfer of funds)
Sec. 8052. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of military
personnel, to be merged with, and to be available for the same
time period as the appropriations to which transferred, to be
used in support of such personnel in connection with support
and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10,
United States Code.
Sec. 8053. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for which
the period of availability for obligation has expired or which
has closed under the provisions of section 1552 of title 31,
United States Code, and which has a negative unliquidated or
unexpended balance, an obligation or an adjustment of an
obligation may be charged to any current appropriation account
for the same purpose as the expired or closed account if--
(1) the obligation would have been properly
chargeable (except as to amount) to the expired or
closed account before the end of the period of
availability or closing of that account;
(2) the obligation is not otherwise properly
chargeable to any current appropriation account of the
Department of Defense; and
(3) in the case of an expired account, the
obligation is not chargeable to a current appropriation
of the Department of Defense under the provisions of
section 1405(b)(8) of the National Defense
Authorization Act for Fiscal Year 1991, Public Law 101-
510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a
negative unliquidated or unexpended balance in the
account, any charge to a current account under the
authority of this section shall be reversed and
recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an
amount equal to 1 percent of the total appropriation
for that account.
Sec. 8054. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis.
The Chief of the National Guard Bureau shall establish the
amount of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under that
subsection. Such funds shall be available for such purposes
without fiscal year limitation.
(including transfer of funds)
Sec. 8055. Of the funds appropriated in this Act under the
heading ``Operation and Maintenance, Defense-wide'',
$35,000,000 shall be for continued implementation and expansion
of the Sexual Assault Special Victims' Counsel Program:
Provided, That the funds are made available for transfer to the
Department of the Army, the Department of the Navy, and the
Department of the Air Force: Provided further, That funds
transferred shall be merged with and available for the same
purposes and for the same time period as the appropriations to
which the funds are transferred: Provided further, That this
transfer authority is in addition to any other transfer
authority provided in this Act.
Sec. 8056. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That the Secretary of
Defense shall, with submission of the department's fiscal year
2020 budget request, submit a report detailing the use of funds
requested in research, development, test and evaluation
accounts for end-items used in development, prototyping and
test activities preceding and leading to acceptance for
operational use: Provided further, That this restriction does
not apply to programs funded within the National Intelligence
Program: Provided further, That the Secretary of Defense may
waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8057. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between the
Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or
after the date of the enactment of this Act; and
(2) options for the procurement of items that are
exercised after such date under contracts that are
entered into before such date if the option prices are
adjusted for any reason other than the application of a
waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food,
and clothing or textile materials as defined by section XI
(chapters 50-65) of the Harmonized Tariff Schedule of the
United States and products classified under headings 4010,
4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105,
8108, 8109, 8211, 8215, and 9404.
Sec. 8058. None of the funds appropriated or otherwise
made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military family
housing units of the Department of Defense, including areas in
such military family housing units that may be used for the
purpose of conducting official Department of Defense business.
(including transfer of funds)
Sec. 8059. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for
transfer to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the
John C. Stennis Center for Public Service Training and
Development Act (2 U.S.C. 1105).
Sec. 8060. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated 45
days after a report, including a description of the project,
the planned acquisition and transition strategy and its
estimated annual and total cost, has been provided in writing
to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8061. The Secretary of Defense shall continue to
provide a classified quarterly report to the House and Senate
Appropriations Committees, Subcommittees on Defense on certain
matters as directed in the classified annex accompanying this
Act.
Sec. 8062. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National Ballistic
Missile Defense System.
Sec. 8063. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held
by the Department of Defense that has a center-fire cartridge
and a United States military nomenclature designation of
``armor penetrator'', ``armor piercing (AP)'', ``armor piercing
incendiary (API)'', or ``armor-piercing incendiary tracer (API-
T)'', except to an entity performing demilitarization services
for the Department of Defense under a contract that requires
the entity to demonstrate to the satisfaction of the Department
of Defense that armor piercing projectiles are either: (1)
rendered incapable of reuse by the demilitarization process; or
(2) used to manufacture ammunition pursuant to a contract with
the Department of Defense or the manufacture of ammunition for
export pursuant to a License for Permanent Export of
Unclassified Military Articles issued by the Department of
State.
Sec. 8064. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may waive
payment of all or part of the consideration that otherwise
would be required under section 2667 of title 10, United States
Code, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in
section 508(d) of title 32, United States Code, or any other
youth, social, or fraternal nonprofit organization as may be
approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
(including transfer of funds)
Sec. 8065. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $62,483,700
shall remain available until expended: Provided, That,
notwithstanding any other provision of law, the Secretary of
Defense is authorized to transfer such funds to other
activities of the Federal Government: Provided further, That
the Secretary of Defense is authorized to enter into and carry
out contracts for the acquisition of real property,
construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided
further, That contracts entered into under the authority of
this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That
projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the
Secretary of Defense.
Sec. 8066. (a) None of the funds appropriated in this or
any other Act may be used to take any action to modify--
(1) the appropriations account structure for the
National Intelligence Program budget, including through
the creation of a new appropriation or new
appropriation account;
(2) how the National Intelligence Program budget
request is presented in the unclassified P-1, R-1, and
O-1 documents supporting the Department of Defense
budget request;
(3) the process by which the National Intelligence
Program appropriations are apportioned to the executing
agencies; or
(4) the process by which the National Intelligence
Program appropriations are allotted, obligated and
disbursed.
(b) Nothing in section (a) shall be construed to prohibit
the merger of programs or changes to the National Intelligence
Program budget at or below the Expenditure Center level,
provided such change is otherwise in accordance with paragraphs
(a)(1)-(3).
(c) The Director of National Intelligence and the Secretary
of Defense may jointly, only for the purposes of achieving
auditable financial statements and improving fiscal reporting,
study and develop detailed proposals for alternative financial
management processes. Such study shall include a comprehensive
counterintelligence risk assessment to ensure that none of the
alternative processes will adversely affect
counterintelligence.
(d) Upon development of the detailed proposals defined
under subsection (c), the Director of National Intelligence and
the Secretary of Defense shall--
(1) provide the proposed alternatives to all
affected agencies;
(2) receive certification from all affected
agencies attesting that the proposed alternatives will
help achieve auditability, improve fiscal reporting,
and will not adversely affect counterintelligence; and
(3) not later than 30 days after receiving all
necessary certifications under paragraph (2), present
the proposed alternatives and certifications to the
congressional defense and intelligence committees.
Sec. 8067. In addition to amounts provided elsewhere in
this Act, $10,000,000 is hereby appropriated to the Department
of Defense, to remain available for obligation until expended:
Provided, That notwithstanding any other provision of law, that
upon the determination of the Secretary of Defense that it
shall serve the national interest, these funds shall be
available only for a grant to the Fisher House Foundation,
Inc., only for the construction and furnishing of additional
Fisher Houses to meet the needs of military family members when
confronted with the illness or hospitalization of an eligible
military beneficiary.
Sec. 8068. None of the funds available to the Department
of Defense may be obligated to modify command and control
relationships to give Fleet Forces Command operational and
administrative control of United States Navy forces assigned to
the Pacific fleet: Provided, That the command and control
relationships which existed on October 1, 2004, shall remain in
force until a written modification has been proposed to the
House and Senate Appropriations Committees: Provided further,
That the proposed modification may be implemented 30 days after
the notification unless an objection is received from either
the House or Senate Appropriations Committees: Provided
further, That any proposed modification shall not preclude the
ability of the commander of United States Pacific Command to
meet operational requirements.
Sec. 8069. Any notice that is required to be submitted to
the Committees on Appropriations of the Senate and the House of
Representatives under section 806(c)(4) of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (10
U.S.C. 2302 note) after the date of the enactment of this Act
shall be submitted pursuant to that requirement concurrently to
the Subcommittees on Defense of the Committees on
Appropriations of the Senate and the House of Representatives.
(including transfer of funds)
Sec. 8070. Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'', $500,000,000
shall be for the Israeli Cooperative Programs: Provided, That
of this amount, $70,000,000 shall be for the Secretary of
Defense to provide to the Government of Israel for the
procurement of the Iron Dome defense system to counter short-
range rocket threats, subject to the U.S.-Israel Iron Dome
Procurement Agreement, as amended; $187,000,000 shall be for
the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development under
the SRBMD program, of which $50,000,000 shall be for co-
production activities of SRBMD systems in the United States and
in Israel to meet Israel's defense requirements consistent with
each nation's laws, regulations, and procedures, subject to the
U.S.-Israeli co-production agreement for SRBMD, as amended;
$80,000,000 shall be for an upper-tier component to the Israeli
Missile Defense Architecture, of which $80,000,000 shall be for
co-production activities of Arrow 3 Upper Tier systems in the
United States and in Israel to meet Israel's defense
requirements consistent with each nation's laws, regulations,
and procedures, subject to the U.S.-Israeli co-production
agreement for Arrow 3 Upper Tier, as amended; and $163,000,000
shall be for the Arrow System Improvement Program including
development of a long range, ground and airborne, detection
suite: Provided further, That the transfer authority provided
under this provision is in addition to any other transfer
authority contained in this Act.
(including transfer of funds)
Sec. 8071. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'', $207,099,000
shall be available until September 30, 2019, to fund prior year
shipbuilding cost increases: Provided, That upon enactment of
this Act, the Secretary of the Navy shall transfer funds to the
following appropriations in the amounts specified: Provided
further, That the amounts transferred shall be merged with and
be available for the same purposes as the appropriations to
which transferred to:
(1) Under the heading ``Shipbuilding and
Conversion, Navy'', 2011/2019: LHA Replacement
$25,100,000;
(2) Under the heading ``Shipbuilding and
Conversion, Navy'', 2013/2019: DDG-51 Destroyer
$53,966,000;
(3) Under the heading ``Shipbuilding and
Conversion, Navy'', 2014/2019: Littoral Combat Ship
$19,498,000;
(4) Under the heading ``Shipbuilding and
Conversion, Navy'', 2015/2019: Littoral Combat Ship
$83,686,000;
(5) Under the heading ``Shipbuilding and
Conversion, Navy'', 2015/2019: LCAC $9,400,000; and
(6) Under the heading ``Shipbuilding and
Conversion, Navy'', 2016/2019: TAO Fleet Oiler
$15,449,000.
Sec. 8072. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094) during fiscal
year 2019 until the enactment of the Intelligence Authorization
Act for Fiscal Year 2019.
Sec. 8073. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming
of funds that creates or initiates a new program, project, or
activity unless such program, project, or activity must be
undertaken immediately in the interest of national security and
only after written prior notification to the congressional
defense committees.
Sec. 8074. The budget of the President for fiscal year
2020 submitted to the Congress pursuant to section 1105 of
title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed
Forces' participation in contingency operations for the
Military Personnel accounts, the Operation and Maintenance
accounts, the Procurement accounts, and the Research,
Development, Test and Evaluation accounts: Provided, That
these documents shall include a description of the funding
requested for each contingency operation, for each military
service, to include all Active and Reserve components, and for
each appropriations account: Provided further, That these
documents shall include estimated costs for each element of
expense or object class, a reconciliation of increases and
decreases for each contingency operation, and programmatic data
including, but not limited to, troop strength for each Active
and Reserve component, and estimates of the major weapons
systems deployed in support of each contingency: Provided
further, That these documents shall include budget exhibits OP-
5 and OP-32 (as defined in the Department of Defense Financial
Management Regulation) for all contingency operations for the
budget year and the two preceding fiscal years.
Sec. 8075. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
(rescission)
Sec. 8076. Of the funds available to the Secretary of
Defense in the ``Foreign Currency Fluctuations, Defense''
account, $250,000,000 are rescinded.
Sec. 8077. The Secretary of Defense may use up to
$800,000,000 of the amounts appropriated or otherwise made
available in this Act to the Department of Defense for the
rapid acquisition and deployment of supplies and associated
support services pursuant to section 806 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public
Law 107-314; 10 U.S.C. 2302 note): Provided, That the
Secretary of Defense shall notify the congressional defense
committees promptly of all uses of this authority.
Sec. 8078. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squadron of
the Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in this
Act: Provided, That the Air Force shall allow the 53rd Weather
Reconnaissance Squadron to perform other missions in support of
national defense requirements during the non-hurricane season.
Sec. 8079. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign intelligence
activities: Provided, That information pertaining to United
States persons shall only be handled in accordance with
protections provided in the Fourth Amendment of the United
States Constitution as implemented through Executive Order No.
12333.
Sec. 8080. (a) None of the funds appropriated by this Act
may be used to transfer research and development, acquisition,
or other program authority relating to current tactical
unmanned aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and
operational control of the MQ-1C Gray Eagle Unmanned Aerial
Vehicle (UAV) in order to support the Secretary of Defense in
matters relating to the employment of unmanned aerial vehicles.
Sec. 8081. None of the funds appropriated by this Act for
programs of the Office of the Director of National Intelligence
shall remain available for obligation beyond the current fiscal
year, except for funds appropriated for research and
technology, which shall remain available until September 30,
2020.
Sec. 8082. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8083. (a) Not later than 60 days after the date of
enactment of this Act, the Director of National Intelligence
shall submit a report to the congressional intelligence
committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2019:
Provided, That the report shall include--
(1) a table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) a delineation in the table for each
appropriation by Expenditure Center and project; and
(3) an identification of items of special
congressional interest.
(b) None of the funds provided for the National
Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional intelligence
committees, unless the Director of National Intelligence
certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as
an emergency requirement.
Sec. 8084 None of the funds made available by this Act may
be used to eliminate, restructure, or realign Army Contracting
Command--New Jersey or make disproportionate personnel
reductions at any Army Contracting Command--New Jersey sites
without 30-day prior notification to the congressional defense
committees.
Sec. 8085. Notwithstanding any other provision of law, any
transfer of funds, appropriated or otherwise made available by
this Act, for support to friendly foreign countries in
connection with the conduct of operations in which the United
States is not participating, pursuant to section 331(d) of
title 10, United States Code, shall be made in accordance with
sections 8005 or 9002 of this Act, as applicable.
Sec. 8086. Any transfer of amounts appropriated to,
credited to, or deposited in the Department of Defense
Acquisition Workforce Development Fund in or for fiscal year
2019 to a military department or Defense Agency pursuant to
section 1705(e)(1) of title 10, United States Code, shall be
covered by and subject to sections 8005 or 9002 of this Act, as
applicable.
Sec. 8087. None of the funds made available by this Act
for excess defense articles, assistance under section 333 of
title 10, United States Code, or peacekeeping operations for
the countries designated annually to be in violation of the
standards of the Child Soldiers Prevention Act of 2008 (Public
Law 110-457; 22 U.S.C. 2370c-1) may be used to support any
military training or operation that includes child soldiers, as
defined by the Child Soldiers Prevention Act of 2008, unless
such assistance is otherwise permitted under section 404 of the
Child Soldiers Prevention Act of 2008.
Sec. 8088. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding
of $10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations,
unless the congressional intelligence committees are notified
30 days in advance of such reprogramming of funds; this
notification period may be reduced for urgent national security
requirements.
(b) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that results in a cumulative increase or decrease of
the levels specified in the classified annex accompanying the
Act unless the congressional intelligence committees are
notified 30 days in advance of such reprogramming of funds;
this notification period may be reduced for urgent national
security requirements.
Sec. 8089. The Director of National Intelligence shall
submit to Congress each year, at or about the time that the
President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-years
intelligence program (including associated annexes) reflecting
the estimated expenditures and proposed appropriations included
in that budget. Any such future-years intelligence program
shall cover the fiscal year with respect to which the budget is
submitted and at least the four succeeding fiscal years.
Sec. 8090. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
(including transfer of funds)
Sec. 8091. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of
this Act for ``Operation and Maintenance, Army'', ``Operation
and Maintenance, Navy'', and ``Operation and Maintenance, Air
Force'' may be transferred by the military department concerned
to its central fund established for Fisher Houses and Suites
pursuant to section 2493(d) of title 10, United States Code.
Sec. 8092. None of the funds appropriated by this Act may
be available for the purpose of making remittances to the
Department of Defense Acquisition Workforce Development Fund in
accordance with section 1705 of title 10, United States Code.
Sec. 8093. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public Web site of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less than
45 days.
Sec. 8094. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the
contractor agrees not to--
(1) enter into any agreement with any of its
employees or independent contractors that requires, as
a condition of employment, that the employee or
independent contractor agree to resolve through
arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising
out of sexual assault or harassment, including assault
and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an
existing agreement with an employee or independent
contractor that mandates that the employee or
independent contractor resolve through arbitration any
claim under title VII of the Civil Rights Act of 1964
or any tort related to or arising out of sexual assault
or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or
retention.
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract
unless the contractor certifies that it requires each covered
subcontractor to agree not to enter into, and not to take any
action to enforce any provision of, any agreement as described
in paragraphs (1) and (2) of subsection (a), with respect to
any employee or independent contractor performing work related
to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract
in excess of $1,000,000 on a contract subject to subsection
(a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary personally
determines that the waiver is necessary to avoid harm to
national security interests of the United States, and that the
term of the contract or subcontract is not longer than
necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the
contract or subcontract term selected, and shall state any
alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests of the United States. The Secretary of Defense shall
transmit to Congress, and simultaneously make public, any
determination under this subsection not less than 15 business
days before the contract or subcontract addressed in the
determination may be awarded.
(including transfer of funds)
Sec. 8095. From within the funds appropriated for
operation and maintenance for the Defense Health Program in
this Act, up to $113,000,000, shall be available for transfer
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund in accordance with
the provisions of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility
operations funded are operations of the integrated Captain
James A. Lovell Federal Health Care Center, consisting of the
North Chicago Veterans Affairs Medical Center, the Navy
Ambulatory Care Center, and supporting facilities designated as
a combined Federal medical facility as described by section 706
of Public Law 110-417: Provided further, That additional funds
may be transferred from funds appropriated for operation and
maintenance for the Defense Health Program to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund upon written notification by the
Secretary of Defense to the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 8096. None of the funds appropriated or otherwise
made available by this Act may be used by the Department of
Defense or a component thereof in contravention of the
provisions of section 130h of title 10, United States Code.
Sec. 8097. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light armored
vehicles for the physical security of personnel or for force
protection purposes up to a limit of $450,000 per vehicle,
notwithstanding price or other limitations applicable to the
purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8098. Upon a determination by the Director of
National Intelligence that such action is necessary and in the
national interest, the Director may, with the approval of the
Office of Management and Budget, transfer not to exceed
$1,500,000,000 of the funds made available in this Act for the
National Intelligence Program: Provided, That such authority
to transfer may not be used unless for higher priority items,
based on unforeseen intelligence requirements, than those for
which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of
funds using authority provided in this section shall be made
prior to June 30, 2019.
Sec. 8099. None of the funds appropriated or otherwise
made available in this or any other Act may be used to
transfer, release, or assist in the transfer or release to or
within the United States, its territories, or possessions
Khalid Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of
the Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at
United States Naval Station, Guantanamo Bay, Cuba, by
the Department of Defense.
Sec. 8100. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any individual
described in subsection (c) for the purposes of detention or
imprisonment in the custody or under the effective control of
the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective
control of the Department of Defense; or
(B) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 8101. None of the funds appropriated or otherwise
made available in this Act may be used to transfer any
individual detained at United States Naval Station Guantanamo
Bay, Cuba, to the custody or control of the individual's
country of origin, any other foreign country, or any other
foreign entity except in accordance with section 1034 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92) and section 1035 of the National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232).
Sec. 8102. None of the funds made available by this Act
may be used in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.).
Sec. 8103. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be used by the
Secretary of Defense, or any other official or officer of the
Department of Defense, to enter into a contract, memorandum of
understanding, or cooperative agreement with, or make a grant
to, or provide a loan or loan guarantee to Rosoboronexport or
any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in
subsection (a) if the Secretary, in consultation with the
Secretary of State and the Director of National Intelligence,
determines that it is in the vital national security interest
of the United States to do so, and certifies in writing to the
congressional defense committees that, to the best of the
Secretary's knowledge:
(1) Rosoboronexport has ceased the transfer of
lethal military equipment to, and the maintenance of
existing lethal military equipment for, the Government
of the Syrian Arab Republic;
(2) The armed forces of the Russian Federation have
withdrawn from Crimea, other than armed forces present
on military bases subject to agreements in force
between the Government of the Russian Federation and
the Government of Ukraine; and
(3) Agents of the Russian Federation have ceased
taking active measures to destabilize the control of
the Government of Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense
shall conduct a review of any action involving Rosoboronexport
with respect to a waiver issued by the Secretary of Defense
pursuant to subsection (b), and not later than 90 days after
the date on which such a waiver is issued by the Secretary of
Defense, the Inspector General shall submit to the
congressional defense committees a report containing the
results of the review conducted with respect to such waiver.
Sec. 8104. None of the funds made available in this Act
may be used for the purchase or manufacture of a flag of the
United States unless such flags are treated as covered items
under section 2533a(b) of title 10, United States Code.
Sec. 8105. The Secretary of Defense, in consultation with
the Service Secretaries, shall submit two reports to the
congressional defense committees, not later than March 1, 2019,
and not later than September 1, 2019, detailing the submission
of records during the previous 6 months to databases accessible
to the National Instant Criminal Background Check System
(NICS), including the Interstate Identification Index (III),
the National Crime Information Center (NCIC), and the NICS
Index, as required by Public Law 110-180: Provided, That such
reports shall provide the number and category of records
submitted by month to each such database, by Service or
Component: Provided further, That such reports shall identify
the number and category of records submitted by month to those
databases for which the Identification for Firearm Sales (IFFS)
flag or other database flags were used to pre-validate the
records and indicate that such persons are prohibited from
receiving or possessing a firearm: Provided further, That such
reports shall describe the steps taken during the previous 6
months, by Service or Component, to ensure complete and
accurate submission and appropriate flagging of records of
individuals prohibited from gun possession or receipt pursuant
to 18 U.S.C. 922(g) or (n) including applicable records
involving proceedings under the Uniform Code of Military
Justice.
Sec. 8106. (a) Of the funds appropriated in this Act for
the Department of Defense, amounts should be made available,
under such regulations as the Secretary of Defense may
prescribe, to local military commanders appointed by the
Secretary, or by an officer or employee designated by the
Secretary, to provide at their discretion ex gratia payments in
amounts consistent with subsection (d) of this section for
damage, personal injury, or death that is incident to combat
operations of the Armed Forces in a foreign country.
(b) An ex gratia payment under this section may be provided
only if--
(1) the prospective foreign civilian recipient is
determined by the local military commander to be
friendly to the United States;
(2) a claim for damages would not be compensable
under chapter 163 of title 10, United States Code
(commonly known as the ``Foreign Claims Act''); and
(3) the property damage, personal injury, or death
was not caused by action by an enemy.
(c) Any payments provided under a program under subsection
(a) shall not be considered an admission or acknowledgement of
any legal obligation to compensate for any damage, personal
injury, or death.
(d) If the Secretary of Defense determines a program under
subsection (a) to be appropriate in a particular setting, the
amounts of payments, if any, to be provided to civilians
determined to have suffered harm incident to combat operations
of the Armed Forces under the program should be determined
pursuant to regulations prescribed by the Secretary and based
on an assessment, which should include such factors as cultural
appropriateness and prevailing economic conditions.
(e) Local military commanders shall receive legal advice
before making ex gratia payments under this subsection. The
legal advisor, under regulations of the Department of Defense,
shall advise on whether an ex gratia payment is proper under
this section and applicable Department of Defense regulations.
(f) A written record of any ex gratia payment offered or
denied shall be kept by the local commander and on a timely
basis submitted to the appropriate office in the Department of
Defense as determined by the Secretary of Defense.
(g) The Secretary of Defense shall report to the
congressional defense committees on an annual basis the
efficacy of the ex gratia payment program including the number
of types of cases considered, amounts offered, the response
from ex gratia payment recipients, and any recommended
modifications to the program.
Sec. 8107. None of the funds available in this Act to the
Department of Defense, other than appropriations made for
necessary or routine refurbishments, upgrades or maintenance
activities, shall be used to reduce or to prepare to reduce the
number of deployed and non-deployed strategic delivery vehicles
and launchers below the levels set forth in the report
submitted to Congress in accordance with section 1042 of the
National Defense Authorization Act for Fiscal Year 2012.
Sec. 8108. The Secretary of Defense shall post grant
awards on a public Website in a searchable format.
Sec. 8109. The Secretary of each military department, in
reducing each research, development, test and evaluation and
procurement account of the military department as required
under paragraph (1) of section 828(d) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2430 note), as amended by section 825(a)(3) of the
National Defense Authorization Act for Fiscal Year 2018, shall
allocate the percentage reduction determined under paragraph
(2) of such section 828(d) proportionally from all programs,
projects, or activities under such account: Provided, That the
authority under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2302 note) to transfer amounts available in the Rapid
Prototyping Fund shall be subject to section 8005 or 9002 of
this Act, as applicable.
Sec. 8110. None of the funds made available by this Act
may be used to fund the performance of a flight demonstration
team at a location outside of the United States: Provided,
That this prohibition applies only if a performance of a flight
demonstration team at a location within the United States was
canceled during the current fiscal year due to insufficient
funding.
Sec. 8111. None of the funds made available by this Act
may be used by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702
of the Foreign Intelligence Surveillance Act of 1978
for the purpose of targeting a United States person; or
(2) acquire, monitor, or store the contents (as
such term is defined in section 2510(8) of title 18,
United States Code) of any electronic communication of
a United States person from a provider of electronic
communication services to the public pursuant to
section 501 of the Foreign Intelligence Surveillance
Act of 1978.
Sec. 8112. None of the funds made available by this Act
may be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the
Treaty.
Sec. 8113. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of any agency funded by this Act who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for in
Defense Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
Sec. 8114. Of the amounts appropriated in this Act for
``Operation and Maintenance, Navy'', $310,805,000, to remain
available until expended, may be used for any purposes related
to the National Defense Reserve Fleet established under section
11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405):
Provided, That such amounts are available for reimbursements to
the Ready Reserve Force, Maritime Administration account of the
United States Department of Transportation for programs,
projects, activities, and expenses related to the National
Defense Reserve Fleet.
Sec. 8115. None of the funds made available in this Act
may be obligated for activities authorized under section 1208
of the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 112-81; 125 Stat. 1621) to
initiate support for, or expand support to, foreign forces,
irregular forces, groups, or individuals unless the
congressional defense committees are notified in accordance
with the direction contained in the classified annex
accompanying this Act, not less than 15 days before initiating
such support: Provided, That none of the funds made available
in this Act may be used under section 1208 for any activity
that is not in support of an ongoing military operation being
conducted by United States Special Operations Forces to combat
terrorism: Provided further, That the Secretary of Defense may
waive the prohibitions in this section if the Secretary
determines that such waiver is required by extraordinary
circumstances and, by not later than 72 hours after making such
waiver, notifies the congressional defense committees of such
waiver.
Sec. 8116. None of the funds made available by this Act
may be used with respect to Iraq in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed forces into hostilities in
Iraq, into situations in Iraq where imminent involvement in
hostilities is clearly indicated by the circumstances, or into
Iraqi territory, airspace, or waters while equipped for combat,
in contravention of the congressional consultation and
reporting requirements of sections 3 and 4 of such Resolution
(50 U.S.C. 1542 and 1543).
Sec. 8117. None of the funds provided in this Act for the
TAO Fleet Oiler program shall be used to award a new contract
that provides for the acquisition of the following components
unless those components are manufactured in the United States:
Auxiliary equipment (including pumps) for shipboard services;
propulsion equipment (including engines, reduction gears, and
propellers); shipboard cranes; and spreaders for shipboard
cranes.
Sec. 8118. Notwithstanding any other provision of this
Act, to mitigate higher than anticipated fuel costs, the total
amount appropriated in title II of this Act is hereby increased
by $750,000,000.
Sec. 8119. No amounts credited or otherwise made available
in this or any other Act to the Department of Defense
Acquisition Workforce Development Fund may be transferred to:
(1) the Rapid Prototyping Fund established under
section 804(d) of the National Defense Authorization
Act for Fiscal Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National
Defense Authorization Act for Fiscal Year 2016 (as
amended by section 897 of the National Defense
Authorization Act for Fiscal Year 2017).
Sec. 8120. None of the funds made available by this Act
may be used for Government Travel Charge Card expenses by
military or civilian personnel of the Department of Defense for
gaming, or for entertainment that includes topless or nude
entertainers or participants, as prohibited by Department of
Defense FMR, Volume 9, Chapter 3 and Department of Defense
Instruction 1015.10 (enclosure 3, 14a and 14b).
Sec. 8121. Notwithstanding any other provision of law,
from funds made available to the Department of Defense in title
II of this Act under the heading ``Operation and Maintenance,
Defense-Wide'', $15,000,000 shall be available for a project in
a country designated by the Secretary of Defense: Provided,
That in furtherance of the project, the Department of Defense
is authorized to acquire services, including services performed
pursuant to a grant agreement, from another Federal agency, on
an advance of funds or reimbursable basis: Provided further,
That an order for services placed under this section is deemed
to be an obligation in the same manner that a similar order
placed under a contract with a private contractor is an
obligation.
Sec. 8122. None of the funds made available by this Act
may be used to propose, plan for, or execute a new or
additional Base Realignment and Closure (BRAC) round.
Sec. 8123. None of the funds appropriated by this Act may
be made available to deliver F-35 aircraft to the Republic of
Turkey, except in accordance with section 1282 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232).
(including transfer of funds)
Sec. 8124. Of the amounts appropriated in this Act, the
Secretary of Defense may use up to $65,442,000 under the
heading ``Operation and Maintenance, Defense-Wide'', and up to
$55,400,000 under the heading ``Research, Development, Test and
Evaluation, Defense-Wide'' to develop, replace, and sustain
Federal Government security and suitability background
investigation information technology systems of the Office of
Personnel Management or other Federal agency responsible for
conducting such investigations: Provided, That the Secretary
may transfer additional amounts into these headings or into
``Procurement, Defense-Wide'' using established reprogramming
procedures prescribed in the Department of Defense Financial
Management Regulation 7000.14, Volume 3, Chapter 6, dated
September 2015: Provided further, That such funds shall
supplement, not supplant any other amounts made available to
other Federal agencies for such purposes.
Sec. 8125. None of the funds made available by this Act
may be used to carry out the closure or realignment of the
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 8126. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network is designed to block access to pornography
websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities, or for
any activity necessary for the national defense, including
intelligence activities.
Sec. 8127. Notwithstanding any other provision of law, any
transfer of funds appropriated or otherwise made available by
this Act to the Global Engagement Center established by section
1287 of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 130 Stat. 22 U.S.C. 2656 note) shall
be made in accordance with section 8005 or 9002 of this Act, as
applicable.
Sec. 8128. In addition to amounts provided elsewhere in
this Act, there is appropriated $270,000,000, for an additional
amount for ``Operation and Maintenance, Defense-Wide'', to
remain available until expended: Provided, That such funds
shall only be available to the Secretary of Defense, acting
through the Office of Economic Adjustment of the Department of
Defense, or for transfer to the Secretary of Education,
notwithstanding any other provision of law, to make grants,
conclude cooperative agreements, or supplement other Federal
funds to construct, renovate, repair, or expand elementary and
secondary public schools on military installations in order to
address capacity or facility condition deficiencies at such
schools: Provided further, That in making such funds
available, the Office of Economic Adjustment or the Secretary
of Education shall give priority consideration to those
military installations with schools having the most serious
capacity or facility condition deficiencies as determined by
the Secretary of Defense: Provided further, That as a
condition of receiving funds under this section a local
educational agency or State shall provide a matching share as
described in the notice titled ``Department of Defense Program
for Construction, Renovation, Repair or Expansion of Public
Schools Located on Military Installations'' published by the
Department of Defense in the Federal Register on September 9,
2011 (76 Fed. Reg. 55883 et seq.): Provided further, That
these provisions apply to funds provided under this section,
and to funds previously provided by Congress to construct,
renovate, repair, or expand elementary and secondary public
schools on military installations in order to address capacity
or facility condition deficiencies at such schools to the
extent such funds remain unobligated on the date of enactment
of this section.
Sec. 8129. In carrying out the program described in the
memorandum on the subject of ``Policy for Assisted Reproductive
Services for the Benefit of Seriously or Severely Ill/Injured
(Category II or III) Active Duty Service Members'' issued by
the Assistant Secretary of Defense for Health Affairs on April
3, 2012, and the guidance issued to implement such memorandum,
the Secretary of Defense shall apply such policy and guidance,
except that--
(1) the limitation on periods regarding embryo
cryopreservation and storage set forth in part III(G)
and in part IV(H) of such memorandum shall not apply;
and
(2) the term ``assisted reproductive technology''
shall include embryo cryopreservation and storage
without limitation on the duration of such
cryopreservation and storage.
Sec. 8130. None of the funds made available by this Act
may be used to provide arms, training, or other assistance to
the Azov Battalion.
Sec. 8131. None of the funds made available by this Act
may be used to purchase heavy water from Iran.
Sec. 8132. The amount appropriated in title II of this Act
for ``Operation and Maintenance, Army'' is hereby reduced by
$50,000,000 to reflect excess cash balances in Department of
Defense Working Capital Funds.
Sec. 8133. The amount appropriated in title II of this Act
for ``Operation and Maintenance, Navy'' is hereby reduced by
$50,000,000 to reflect excess cash balances in Department of
Defense Working Capital Funds.
Sec. 8134. None of the funds provided for, or otherwise
made available, in this or any other Act, may be obligated or
expended by the Secretary of Defense to provide motorized
vehicles, aviation platforms, munitions other than small arms
and munitions appropriate for customary ceremonial honors,
operational military units, or operational military platforms
if the Secretary determines that providing such units,
platforms, or equipment would undermine the readiness of such
units, platforms, or equipment.
Sec. 8135. The Secretary of Defense may obligate and
expend funds made available under this Act for procurement or
for research, development, test and evaluation for the F-35
Joint Strike Fighter to modify up to six F-35 aircraft,
including up to two F-35 aircraft of each variant, to a test
configuration: Provided, That the Secretary of Defense shall,
with the concurrence of the Secretary of the Air Force and the
Secretary of the Navy, notify the congressional defense
committees not fewer than 30 days prior to obligating and
expending funds under this section: Provided further, That any
transfer of funds pursuant to the authority provided in this
section shall be made in accordance with sections 8005 or 9002
of this Act, as appropriate, if applicable.
Sec. 8136. Amounts appropriated for ``Defense Health
Program'' in this Act and hereafter may be obligated to make
death gratuity payments, as authorized in subchapter II of
chapter 75 of title 10, United States Code, if no appropriation
for ``Military Personnel'' is available for obligation for such
payments: Provided, That such obligations may subsequently be
recorded against appropriations available for ``Military
Personnel''.
Sec. 8137. None of the funds appropriated or otherwise
made available by this or any other Act may be obligated or
expended by the Department of Defense to migrate data and
applications to the proposed Joint Enterprise Defense
Infrastructure or the Defense Enterprise Office Solutions cloud
computing services until a period of 90 days has elapsed
following the date on which the Secretary of Defense submits to
the congressional defense committees--
(1) a proposed plan to establish a budget
accounting system that provides transparency across the
Department, including all military Services and Defense
Agencies, for funds requested and expended for all
cloud computing services procured by the Department and
funds requested and expended to migrate to a cloud
computing environment; and
(2) a detailed description of the Department's
strategy to implement enterprise-wide cloud computing,
including the goals and acquisition strategies for all
proposed enterprise-wide cloud computing service
procurements; the strategy to sustain competition and
innovation throughout the period of performance of each
contract, including defining opportunities for multiple
cloud service providers and insertion of new
technologies; and an assessment of potential threats
and security vulnerabilities of the proposed cloud
computing strategy, and plans to mitigate such risks.
Sec. 8138. (a) None of the funds made available by this or
any other Act may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to any corporation that
has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting such tax liability, provided that
the applicable Federal agency is aware of the unpaid Federal
tax liability.
(b) Subsection (a) shall not apply if the applicable
Federal agency has considered suspension or debarment of the
corporation described in such subsection and has made a
determination that such suspension or debarment is not
necessary to protect the interests of the Federal Government.
Sec. 8139. None of the funds appropriated or otherwise
made available by this Act may be obligated or expended for
assistance to the Islamic Republic of Iran unless specifically
appropriated for that purpose.
Sec. 8140. From amounts appropriated or otherwise made
available by title II of this division under the heading
``Operation and Maintenance, Air Force'', the Secretary of
Defense may reimburse the Government of the Republic of Palau
in an amount not to exceed $9,700,000 for land acquisition
costs for defense sites.
Sec. 8141. None of the funds made available by this Act
may be used in contravention of--
(1) Executive Order No. 13175 (65 Fed. Reg. 67249;
relating to consultation and coordination with Indian
Tribal governments); or
(2) section 1501.2(d)(2) of title 40, Code of
Federal Regulations.
Sec. 8142. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance, Air
National Guard'', not more than $20,000,000 shall be available
to the Secretary of the Air Force for payments to a local water
authority located in the vicinity of an Air National Guard
base, or to a state in which the local water authority is
located, for the treatment of perfluorooctane sulfonic acid and
perfluorooctanoic acid in drinking water from the wells owned
and operated by the local water authority undertaken to attain
the United States Environmental Protection Agency Lifetime
Health Advisory level for such acids: Provided, That the
applicable Lifetime Health Advisory shall be the one in effect
on October 1, 2017: Provided further, That the local water
authority must have requested such a payment from the National
Guard Bureau in fiscal year 2018: Provided further, That the
elevated levels of such acids in the water was the result of
activities conducted by or paid for by the Department of the
Air Force: Provided further, That such funds may be expended
without regard to existing contractual provisions in agreements
between the Department of the Air Force or the National Guard
Bureau, as the case may be, and the state in which the base is
located relating to environmental response actions or
indemnification: Provided further, That, in order to be
eligible for payment under this section, such treatment must
have taken place after January 1, 2017, but prior to the date
of enactment of this act, and the local water authority or
state, as the case may be, must waive all claims for treatment
expenses incurred before such date of enactment: Provided
further, That any payment under this section may not exceed the
actual cost of such treatment resulting from the activities
conducted by or paid for by the Department of the Air Force:
Provided further, That the Secretary may enter into such
agreements with the local water authority or state as may be
necessary to implement this section: Provided further, That
the Secretary may pay, utilizing the Defense State Memorandum
of Agreement, costs that would otherwise be eligible for
payment under that agreement were those costs paid using funds
appropriated to the Environmental Restoration Account, Air
Force, established under section 2703(a)(4) of title 10, United
States Code.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$2,929,154,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$385,461,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $109,232,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $964,508,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$37,007,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$11,100,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $2,380,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $21,076,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $195,283,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $5,460,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $18,548,500,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $5,172,155,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $1,292,995,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $9,828,674,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $8,105,991,000: Provided, That of the funds
provided under this heading, not to exceed $900,000,000, to
remain available until September 30, 2020, shall be for
payments to reimburse key cooperating nations for logistical,
military, and other support, including access, provided to
United States military and stability operations in Afghanistan
and to counter the Islamic State of Iraq and Syria: Provided
further, That such reimbursement payments may be made in such
amounts as the Secretary of Defense, with the concurrence of
the Secretary of State, and in consultation with the Director
of the Office of Management and Budget, may determine, based on
documentation determined by the Secretary of Defense to
adequately account for the support provided, and such
determination is final and conclusive upon the accounting
officers of the United States, and 15 days following
notification to the appropriate congressional committees:
Provided further, That these funds may be used for the purpose
of providing specialized training and procuring supplies and
specialized equipment and providing such supplies and loaning
such equipment on a non-reimbursable basis to coalition forces
supporting United States military and stability operations in
Afghanistan and to counter the Islamic State of Iraq and Syria,
and 15 days following notification to the appropriate
congressional committees: Provided further, That these funds
may be used to support the Government of Jordan in such amounts
as the Secretary of Defense may determine, to enhance the
ability of the armed forces of Jordan to increase or sustain
security along its borders, upon 15 days prior written
notification to the congressional defense committees outlining
the amounts intended to be provided and the nature of the
expenses incurred: Provided further, That of the funds
provided under this heading, not to exceed $793,442,000, to
remain available until September 30, 2020, shall be available
to provide support and assistance to foreign security forces or
other groups or individuals to conduct, support or facilitate
counterterrorism, crisis response, or other Department of
Defense security cooperation programs: Provided further, That
the Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided
in this paragraph: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $41,887,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $25,637,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $3,345,000: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $60,500,000: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $110,729,000: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance,
Air National Guard'', $15,870,000: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'',
$4,920,000,000, to remain available until September 30, 2020:
Provided, That such funds shall be available to the Secretary
of Defense for the purpose of allowing the Commander, Combined
Security Transition Command--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the
Secretary of State, to the security forces of Afghanistan,
including the provision of equipment, supplies, services,
training, facility and infrastructure repair, renovation,
construction, and funding: Provided further, That the
Secretary of Defense may obligate and expend funds made
available to the Department of Defense in this title for
additional costs associated with existing projects previously
funded with amounts provided under the heading ``Afghanistan
Infrastructure Fund'' in prior Acts: Provided further, That
such costs shall be limited to contract changes resulting from
inflation, market fluctuation, rate adjustments, and other
necessary contract actions to complete existing projects, and
associated supervision and administration costs and costs for
design during construction: Provided further, That the
Secretary may not use more than $50,000,000 under the authority
provided in this section: Provided further, That the Secretary
shall notify in advance such contract changes and adjustments
in annual reports to the congressional defense committees:
Provided further, That the authority to provide assistance
under this heading is in addition to any other authority to
provide assistance to foreign nations: Provided further, That
contributions of funds for the purposes provided herein from
any person, foreign government, or international organization
may be credited to this Fund, to remain available until
expended, and used for such purposes: Provided further, That
the Secretary of Defense shall notify the congressional defense
committees in writing upon the receipt and upon the obligation
of any contribution, delineating the sources and amounts of the
funds received and the specific use of such contributions:
Provided further, That the Secretary of Defense shall, not
fewer than 15 days prior to obligating from this appropriation
account, notify the congressional defense committees in writing
of the details of any such obligation: Provided further, That
the Secretary of Defense shall notify the congressional defense
committees of any proposed new projects or transfer of funds
between budget sub-activity groups in excess of $20,000,000:
Provided further, That the United States may accept equipment
procured using funds provided under this heading in this or
prior Acts that was transferred to the security forces of
Afghanistan and returned by such forces to the United States:
Provided further, That equipment procured using funds provided
under this heading in this or prior Acts, and not yet
transferred to the security forces of Afghanistan or
transferred to the security forces of Afghanistan and returned
by such forces to the United States, may be treated as stocks
of the Department of Defense upon written notification to the
congressional defense committees: Provided further, That of
the funds provided under this heading, not less than
$10,000,000 shall be for recruitment and retention of women in
the Afghanistan National Security Forces, and the recruitment
and training of female security personnel: Provided further,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Counter-ISIS Train and Equip Fund
For the ``Counter-Islamic State of Iraq and Syria Train and
Equip Fund'', $1,352,200,000, to remain available until
September 30, 2020: Provided, That such funds shall be
available to the Secretary of Defense in coordination with the
Secretary of State, to provide assistance, including training;
equipment; logistics support, supplies, and services; stipends;
infrastructure repair and renovation; and sustainment, to
foreign security forces, irregular forces, groups, or
individuals participating, or preparing to participate in
activities to counter the Islamic State of Iraq and Syria, and
their affiliated or associated groups: Provided further, That
these funds may be used in such amounts as the Secretary of
Defense may determine to enhance the border security of nations
adjacent to conflict areas including Jordan, Lebanon, Egypt,
and Tunisia resulting from actions of the Islamic State of Iraq
and Syria: Provided further, That amounts made available under
this heading shall be available to provide assistance only for
activities in a country designated by the Secretary of Defense,
in coordination with the Secretary of State, as having a
security mission to counter the Islamic State of Iraq and
Syria, and following written notification to the congressional
defense committees of such designation: Provided further, That
the Secretary of Defense shall ensure that prior to providing
assistance to elements of any forces or individuals, such
elements or individuals are appropriately vetted, including at
a minimum, assessing such elements for associations with
terrorist groups or groups associated with the Government of
Iran; and receiving commitments from such elements to promote
respect for human rights and the rule of law: Provided
further, That the Secretary of Defense shall, not fewer than 15
days prior to obligating from this appropriation account,
notify the congressional defense committees in writing of the
details of any such obligation: Provided further, That the
Secretary of Defense may accept and retain contributions,
including assistance in-kind, from foreign governments,
including the Government of Iraq and other entities, to carry
out assistance authorized under this heading: Provided
further, That contributions of funds for the purposes provided
herein from any foreign government or other entity may be
credited to this Fund, to remain available until expended, and
used for such purposes: Provided further, That the Secretary
of Defense may waive a provision of law relating to the
acquisition of items and support services or sections 40 and
40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785) if
the Secretary determines that such provision of law would
prohibit, restrict, delay or otherwise limit the provision of
such assistance and a notice of and justification for such
waiver is submitted to the congressional defense committees,
the Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Foreign Affairs
of the House of Representatives: Provided further, That the
United States may accept equipment procured using funds
provided under this heading, or under the heading, ``Iraq Train
and Equip Fund'' in prior Acts, that was transferred to
security forces, irregular forces, or groups participating, or
preparing to participate in activities to counter the Islamic
State of Iraq and Syria and returned by such forces or groups
to the United States, and such equipment may be treated as
stocks of the Department of Defense upon written notification
to the congressional defense committees: Provided further,
That equipment procured using funds provided under this
heading, or under the heading, ``Iraq Train and Equip Fund'' in
prior Acts, and not yet transferred to security forces,
irregular forces, or groups participating, or preparing to
participate in activities to counter the Islamic State of Iraq
and Syria may be treated as stocks of the Department of Defense
when determined by the Secretary to no longer be required for
transfer to such forces or groups and upon written notification
to the congressional defense committees: Provided further,
That the Secretary of Defense shall provide quarterly reports
to the congressional defense committees on the use of funds
provided under this heading, including, but not limited to, the
number of individuals trained, the nature and scope of support
and sustainment provided to each group or individual, the area
of operations for each group, and the contributions of other
countries, groups, or individuals: Provided further, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $346,963,000, to remain available until September 30,
2021: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$1,729,904,000, to remain available until September 30, 2021:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $1,102,108,000, to remain
available until September 30, 2021: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $299,075,000, to remain available until September 30,
2021: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,364,045,000, to remain available until September 30, 2021:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $232,119,000, to remain available until September 30,
2021: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$14,134,000, to remain available until September 30, 2021:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $229,783,000, to remain available
until September 30, 2021: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$181,173,000, to remain available until September 30, 2021:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$58,023,000, to remain available until September 30, 2021:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $955,248,000, to remain available until September 30,
2021: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $493,526,000, to remain available until September 30,
2021: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $1,371,516,000, to remain available until
September 30, 2021: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $3,677,276,000, to remain available until September
30, 2021: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$572,135,000, to remain available until September 30, 2021:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $300,604,000, to remain available until
September 30, 2020: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $167,812,000, to remain available until
September 30, 2020: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $321,934,000, to remain available
until September 30, 2020: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $403,044,000, to remain
available until September 30, 2020: Provided, That such amount
is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $15,190,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$352,068,000, which shall be for operation and maintenance:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $153,100,000: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $24,692,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law,
funds made available in this title are in addition to amounts
appropriated or otherwise made available for the Department of
Defense for fiscal year 2019.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may, with the approval of the Office of
Management and Budget, transfer up to $2,000,000,000 between
the appropriations or funds made available to the Department of
Defense in this title: Provided, That the Secretary shall
notify the Congress promptly of each transfer made pursuant to
the authority in this section: Provided further, That the
authority provided in this section is in addition to any other
transfer authority available to the Department of Defense and
is subject to the same terms and conditions as the authority
provided in section 8005 of this Act.
Sec. 9003. Supervision and administration costs and costs
for design during construction associated with a construction
project funded with appropriations available for operation and
maintenance or the ``Afghanistan Security Forces Fund''
provided in this Act and executed in direct support of overseas
contingency operations in Afghanistan, may be obligated at the
time a construction contract is awarded: Provided, That, for
the purpose of this section, supervision and administration
costs and costs for design during construction include all in-
house Government costs.
Sec. 9004. From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in the United
States Central Command area of responsibility: (1) passenger
motor vehicles up to a limit of $75,000 per vehicle; and (2)
heavy and light armored vehicles for the physical security of
personnel or for force protection purposes up to a limit of
$450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying
vehicles.
Sec. 9005. Not to exceed $10,000,000 of the amounts
appropriated by this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commanders' Emergency Response
Program (CERP), for the purpose of enabling military commanders
in Afghanistan to respond to urgent, small-scale, humanitarian
relief and reconstruction requirements within their areas of
responsibility: Provided, That each project (including any
ancillary or related elements in connection with such project)
executed under this authority shall not exceed $2,000,000:
Provided further, That not later than 45 days after the end of
each 6 months of the fiscal year, the Secretary of Defense
shall submit to the congressional defense committees a report
regarding the source of funds and the allocation and use of
funds during that 6-month period that were made available
pursuant to the authority provided in this section or under any
other provision of law for the purposes described herein:
Provided further, That, not later than 30 days after the end of
each fiscal year quarter, the Army shall submit to the
congressional defense committees quarterly commitment,
obligation, and expenditure data for the CERP in Afghanistan:
Provided further, That, not less than 15 days before making
funds available pursuant to the authority provided in this
section or under any other provision of law for the purposes
described herein for a project with a total anticipated cost
for completion of $500,000 or more, the Secretary shall submit
to the congressional defense committees a written notice
containing each of the following:
(1) The location, nature and purpose of the
proposed project, including how the project is intended
to advance the military campaign plan for the country
in which it is to be carried out.
(2) The budget, implementation timeline with
milestones, and completion date for the proposed
project, including any other CERP funding that has been
or is anticipated to be contributed to the completion
of the project.
(3) A plan for the sustainment of the proposed
project, including the agreement with either the host
nation, a non-Department of Defense agency of the
United States Government or a third-party contributor
to finance the sustainment of the activities and
maintenance of any equipment or facilities to be
provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense
for operation and maintenance may be used, notwithstanding any
other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to allied forces participating in a combined
operation with the armed forces of the United States and
coalition forces supporting military and stability operations
in Afghanistan and to counter the Islamic State of Iraq and
Syria: Provided, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees
regarding support provided under this section.
Sec. 9007. None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in Iraq.
(2) To exercise United States control over any oil
resource of Iraq.
(3) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in
Afghanistan.
Sec. 9008. None of the funds made available in this Act
may be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on December
10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law
105-277; 112 Stat. 2681-822; 8 U.S.C. 1231 note) and
regulations prescribed thereto, including regulations
under part 208 of title 8, Code of Federal Regulations,
and part 95 of title 22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of
Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006 (Public Law 109-148).
Sec. 9009. None of the funds provided for the
``Afghanistan Security Forces Fund'' (ASFF) may be obligated
prior to the approval of a financial and activity plan by the
Afghanistan Resources Oversight Council (AROC) of the
Department of Defense: Provided, That the AROC must approve
the requirement and acquisition plan for any service
requirements in excess of $50,000,000 annually and any non-
standard equipment requirements in excess of $100,000,000 using
ASFF: Provided further, That the Department of Defense must
certify to the congressional defense committees that the AROC
has convened and approved a process for ensuring compliance
with the requirements in the preceding proviso and accompanying
report language for the ASFF.
Sec. 9010. Funds made available in this title to the
Department of Defense for operation and maintenance may be used
to purchase items having an investment unit cost of not more
than $250,000: Provided, That, upon determination by the
Secretary of Defense that such action is necessary to meet the
operational requirements of a Commander of a Combatant Command
engaged in contingency operations overseas, such funds may be
used to purchase items having an investment item unit cost of
not more than $500,000.
Sec. 9011. Up to $500,000,000 of funds appropriated by
this Act for the Defense Security Cooperation Agency in
``Operation and Maintenance, Defense-Wide'' may be used to
provide assistance to the Government of Jordan to support the
armed forces of Jordan and to enhance security along its
borders.
Sec. 9012. None of the funds made available by this Act
under the heading ``Counter-ISIS Train and Equip Fund'' may be
used to procure or transfer man-portable air defense systems.
Sec. 9013. For the ``Ukraine Security Assistance
Initiative'', $250,000,000 is hereby appropriated, to remain
available until September 30, 2019: Provided, That such funds
shall be available to the Secretary of Defense, in coordination
with the Secretary of State, to provide assistance, including
training; equipment; lethal assistance; logistics support,
supplies and services; sustainment; and intelligence support to
the military and national security forces of Ukraine, and for
replacement of any weapons or articles provided to the
Government of Ukraine from the inventory of the United States:
Provided further, That of the amounts made available in this
section, $50,000,000 shall be available only for lethal
assistance described in paragraphs (2) and (3) of section
1250(b) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1068): Provided
further, That the Secretary of Defense shall, not less than 15
days prior to obligating funds provided under this heading,
notify the congressional defense committees in writing of the
details of any such obligation: Provided further, That the
United States may accept equipment procured using funds
provided under this heading in this or prior Acts that was
transferred to the security forces of Ukraine and returned by
such forces to the United States: Provided further, That
equipment procured using funds provided under this heading in
this or prior Acts, and not yet transferred to the military or
National Security Forces of Ukraine or returned by such forces
to the United States, may be treated as stocks of the
Department of Defense upon written notification to the
congressional defense committees: Provided further, That
amounts made available by this section are designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Sec. 9014. Funds appropriated in this title shall be
available for replacement of funds for items provided to the
Government of Ukraine from the inventory of the United States
to the extent specifically provided for in section 9013 of this
Act.
Sec. 9015. None of the funds made available by this Act
under section 9013 may be used to procure or transfer man-
portable air defense systems.
Sec. 9016. Equipment procured using funds provided in
prior Acts under the heading ``Counterterrorism Partnerships
Fund'' for the program authorized by section 1209 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291),
and not yet transferred to authorized recipients may be
transferred to foreign security forces, irregular forces,
groups, or individuals, authorized to receive assistance using
amounts provided under the heading ``Counter-ISIS Train and
Equip Fund'' in this Act: Provided, That such equipment may be
transferred 15 days following written notification to the
congressional defense committees.
Sec. 9017. (a) None of the funds appropriated or otherwise
made available by this Act under the heading ``Operation and
Maintenance, Defense-Wide'' for payments under section 1233 of
Public Law 110-181 for reimbursement to the Government of
Pakistan may be made available unless the Secretary of Defense,
in coordination with the Secretary of State, certifies to the
congressional defense committees that the Government of
Pakistan is--
(1) cooperating with the United States in
counterterrorism efforts against the Haqqani Network,
the Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-
Mohammed, Al Qaeda, and other domestic and foreign
terrorist organizations, including taking steps to end
support for such groups and prevent them from basing
and operating in Pakistan and carrying out cross border
attacks into neighboring countries;
(2) not supporting terrorist activities against
United States or coalition forces in Afghanistan, and
Pakistan's military and intelligence agencies are not
intervening extra-judicially into political and
judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED)
networks and interdicting precursor chemicals used in
the manufacture of IEDs;
(4) preventing the proliferation of nuclear-related
material and expertise;
(5) implementing policies to protect judicial
independence and due process of law;
(6) issuing visas in a timely manner for United
States visitors engaged in counterterrorism efforts and
assistance programs in Pakistan; and
(7) providing humanitarian organizations access to
detainees, internally displaced persons, and other
Pakistani civilians affected by the conflict.
(b) The Secretary of Defense, in coordination with the
Secretary of State, may waive the restriction in subsection (a)
on a case-by-case basis by certifying in writing to the
congressional defense committees that it is in the national
security interest to do so: Provided, That if the Secretary of
Defense, in coordination with the Secretary of State, exercises
such waiver authority, the Secretaries shall report to the
congressional defense committees on both the justification for
the waiver and on the requirements of this section that the
Government of Pakistan was not able to meet: Provided further,
That such report may be submitted in classified form if
necessary.
(including transfer of funds)
Sec. 9018. In addition to amounts otherwise made available
in this Act, $500,000,000 is hereby appropriated to the
Department of Defense and made available for transfer only to
the operation and maintenance, military personnel, and
procurement accounts, to improve the intelligence,
surveillance, and reconnaissance capabilities of the Department
of Defense: Provided, That the transfer authority provided in
this section is in addition to any other transfer authority
provided elsewhere in this Act: Provided further, That not
later than 30 days prior to exercising the transfer authority
provided in this section, the Secretary of Defense shall submit
a report to the congressional defense committees on the
proposed uses of these funds: Provided further, That the funds
provided in this section may not be transferred to any program,
project, or activity specifically limited or denied by this
Act: Provided further, That amounts made available by this
section are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That the authority to
provide funding under this section shall terminate on September
30, 2019.
Sec. 9019. None of the funds made available by this Act
may be used with respect to Syria in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed or military forces into
hostilities in Syria, into situations in Syria where imminent
involvement in hostilities is clearly indicated by the
circumstances, or into Syrian territory, airspace, or waters
while equipped for combat, in contravention of the
congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
Sec. 9020. None of the funds in this Act may be made
available for the transfer of additional C-130 cargo aircraft
to the Afghanistan National Security Forces or the Afghanistan
Air Force until the Department of Defense provides a report to
the congressional defense committees of the Afghanistan Air
Force's medium airlift requirements. The report should identify
Afghanistan's ability to utilize and maintain existing medium
lift aircraft in the inventory and the best alternative
platform, if necessary, to provide additional support to the
Afghanistan Air Force's current medium airlift capacity.
(rescissions)
Sec. 9021. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That such amounts are designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
``Procurement of Ammunition, Navy and Marine
Corps'', 2017/2019, $2,216,000;
``Operation and Maintenance, Defense-Wide:
Coalition Support Fund'', 2018/2019, $800,000,000;
``Operation and Maintenance, Defense-Wide: DSCA
Security Cooperation'', 2018/2019, $150,000,000;
``Counter-ISIS Train and Equip Fund'', 2018/2019,
$300,000,000; and
``Aircraft Procurement, Air Force'', 2018/2020,
$88,400,000.
Sec. 9022. Funds available for the Afghanistan Security
Forces Fund may be used to provide limited training, equipment,
and other assistance that would otherwise be prohibited by 10
U.S.C. 362 to a unit of the security forces of Afghanistan only
if the Secretary certifies to the congressional defense
committees, within 30 days of a decision to provide such
assistance, that (1) a denial of such assistance would present
significant risk to U.S. or coalition forces or significantly
undermine United States national security objectives in
Afghanistan; and (2) the Secretary has sought a commitment by
the Government of Afghanistan to take all necessary corrective
steps: Provided, That such certification shall be accompanied
by a report describing: (1) the information relating to the
gross violation of human rights; (2) the circumstances that
necessitated the provision of such assistance; (3) the Afghan
security force unit involved; (4) the assistance provided and
the assistance withheld; and (5) the corrective steps to be
taken by the Government of Afghanistan: Provided further, That
every 120 days after the initial report an additional report
shall be submitted detailing the status of any corrective steps
taken by the Government of Afghanistan: Provided further, That
if the Government of Afghanistan has not initiated necessary
corrective steps within one year of the certification, the
authority under this section to provide assistance to such unit
shall no longer apply: Provided further, That the Secretary
shall submit a report to such committees detailing the final
disposition of the case by the Government of Afghanistan.
Sec. 9023. Each amount designated in this Act by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985 shall be
available (or rescinded, if applicable) only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
This division may be cited as the ``Department of Defense
Appropriations Act, 2019''.
DIVISION B--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For necessary expenses of the Workforce Innovation and
Opportunity Act (referred to in this Act as ``WIOA''), the
Second Chance Act of 2007, and the National Apprenticeship Act,
$3,502,700,000, plus reimbursements, shall be available. Of the
amounts provided:
(1) for grants to States for adult employment and
training activities, youth activities, and dislocated
worker employment and training activities,
$2,789,832,000 as follows:
(A) $845,556,000 for adult employment and
training activities, of which $133,556,000
shall be available for the period July 1, 2019
through June 30, 2020, and of which
$712,000,000 shall be available for the period
October 1, 2019 through June 30, 2020;
(B) $903,416,000 for youth activities,
which shall be available for the period April
1, 2019 through June 30, 2020; and
(C) $1,040,860,000 for dislocated worker
employment and training activities, of which
$180,860,000 shall be available for the period
July 1, 2019 through June 30, 2020, and of
which $860,000,000 shall be available for the
period October 1, 2019 through June 30, 2020:
Provided, That the funds available for allotment to
outlying areas to carry out subtitle B of title I of
the WIOA shall not be subject to the requirements of
section 127(b)(1)(B)(ii) of such Act; and
(2) for national programs, $712,868,000 as follows:
(A) $220,859,000 for the dislocated workers
assistance national reserve, of which
$20,859,000 shall be available for the period
July 1, 2019 through September 30, 2020, and of
which $200,000,000 shall be available for the
period October 1, 2019 through September 30,
2020: Provided, That funds provided to carry
out section 132(a)(2)(A) of the WIOA may be
used to provide assistance to a State for
statewide or local use in order to address
cases where there have been worker dislocations
across multiple sectors or across multiple
local areas and such workers remain dislocated;
coordinate the State workforce development plan
with emerging economic development needs; and
train such eligible dislocated workers:
Provided further, That funds provided to carry
out sections 168(b) and 169(c) of the WIOA may
be used for technical assistance and
demonstration projects, respectively, that
provide assistance to new entrants in the
workforce and incumbent worker: Provided
further, That notwithstanding section 168(b) of
the WIOA, of the funds provided under this
subparagraph, the Secretary of Labor (referred
to in this title as ``Secretary'') may reserve
not more than 10 percent of such funds to
provide technical assistance and carry out
additional activities related to the transition
to the WIOA: Provided further, That of the
funds provided under this subparagraph,
$30,000,000 shall be for training and
employment assistance under sections 168(b),
169(c) (notwithstanding the 10 percent
limitation in such section) and 170 of the WIOA
for workers in the Appalachian region, as
defined by 40 U.S.C. 14102(a)(1) and workers in
the Lower Mississippi, as defined in section
4(2) of the Delta Development Act (Public Law
100-460, 102 Stat. 2246; 7 U.S.C. 2009aa(2));
(B) $54,500,000 for Native American
programs under section 166 of the WIOA, which
shall be available for the period July 1, 2019
through June 30, 2020;
(C) $88,896,000 for migrant and seasonal
farmworker programs under section 167 of the
WIOA, including $82,447,000 for formula grants
(of which not less than 70 percent shall be for
employment and training services), $5,922,000
for migrant and seasonal housing (of which not
less than 70 percent shall be for permanent
housing), and $527,000 for other discretionary
purposes, which shall be available for the
period July 1, 2019 through June 30, 2020:
Provided, That notwithstanding any other
provision of law or related regulation, the
Department of Labor shall take no action
limiting the number or proportion of eligible
participants receiving related assistance
services or discouraging grantees from
providing such services;
(D) $89,534,000 for YouthBuild activities
as described in section 171 of the WIOA, which
shall be available for the period April 1, 2019
through June 30, 2020;
(E) $93,079,000 for ex-offender activities,
under the authority of section 169 of the WIOA
and section 212 of the Second Chance Act of
2007, which shall be available for the period
April 1, 2019 through June 30, 2020: Provided,
That of this amount, $25,000,000 shall be for
competitive grants to national and regional
intermediaries for activities that prepare
young ex-offenders and school dropouts for
employment, with a priority for projects
serving high-crime, high-poverty areas;
(F) $6,000,000 for the Workforce Data
Quality Initiative, under the authority of
section 169 of the WIOA, which shall be
available for the period July 1, 2019 through
June 30, 2020; and
(G) $160,000,000 to expand opportunities
relating to apprenticeship programs registered
under the National Apprenticeship Act, to be
available to the Secretary to carry out
activities through grants, cooperative
agreements, contracts and other arrangements,
with States and other appropriate entities,
which shall be available for the period April
1, 2019 through June 30, 2020.
job corps
(including transfer of funds)
To carry out subtitle C of title I of the WIOA, including
Federal administrative expenses, the purchase and hire of
passenger motor vehicles, the construction, alteration, and
repairs of buildings and other facilities, and the purchase of
real property for training centers as authorized by the WIOA,
$1,718,655,000, plus reimbursements, as follows:
(1) $1,603,325,000 for Job Corps Operations, which
shall be available for the period July 1, 2019 through
June 30, 2020;
(2) $83,000,000 for construction, rehabilitation
and acquisition of Job Corps Centers, which shall be
available for the period July 1, 2019 through June 30,
2022, and which may include the acquisition,
maintenance, and repair of major items of equipment:
Provided, That the Secretary may transfer up to 15
percent of such funds to meet the operational needs of
such centers or to achieve administrative efficiencies:
Provided further, That any funds transferred pursuant
to the preceding provision shall not be available for
obligation after June 30, 2020: Provided further, That
the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15
days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job
Corps, which shall be available for obligation for the
period October 1, 2018 through September 30, 2019:
Provided, That no funds from any other appropriation shall be
used to provide meal services at or for Job Corps centers.
community service employment for older americans
To carry out title V of the Older Americans Act of 1965
(referred to in this Act as ``OAA''), $400,000,000, which shall
be available for the period April 1, 2019 through June 30,
2020, and may be recaptured and reobligated in accordance with
section 517(c) of the OAA.
federal unemployment benefits and allowances
For payments during fiscal year 2019 of trade adjustment
benefit payments and allowances under part I of subchapter B of
chapter 2 of title II of the Trade Act of 1974, and section 246
of that Act; and for training, employment and case management
services, allowances for job search and relocation, and related
State administrative expenses under part II of subchapter B of
chapter 2 of title II of the Trade Act of 1974, and including
benefit payments, allowances, training, employment and case
management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011 and section 405(a) of the Trade
Preferences Extension Act of 2015, $790,000,000 together with
such amounts as may be necessary to be charged to the
subsequent appropriation for payments for any period subsequent
to September 15, 2019: Provided, That notwithstanding section
502 of this Act, any part of the appropriation provided under
this heading may remain available for obligation beyond the
current fiscal year pursuant to the authorities of section
245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
For authorized administrative expenses, $84,066,000,
together with not to exceed $3,251,583,000 which may be
expended from the Employment Security Administration Account in
the Unemployment Trust Fund (``the Trust Fund''), of which:
(1) $2,515,816,000 from the Trust Fund is for
grants to States for the administration of State
unemployment insurance laws as authorized under title
III of the Social Security Act (including not less than
$150,000,000 to carry out reemployment services and
eligibility assessments under section 306 of such Act,
any claimants of regular compensation, as defined in
such section, including those who are profiled as most
likely to exhaust their benefits, may be eligible for
such services and assessments: Provided, That of such
amount, $117,000,000 is specified for grants under
section 306 of the Social Security Act and is provided
to meet the terms of section 251(b)(2)(E)(ii) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended, and $33,000,000 is additional new
budget authority specified for purposes of section
251(b)(2)(E)(i)(II) of such Act; and $9,000,000 for
continued support of the Unemployment Insurance
Integrity Center of Excellence), the administration of
unemployment insurance for Federal employees and for
ex-service members as authorized under 5 U.S.C. 8501-
8523, and the administration of trade readjustment
allowances, reemployment trade adjustment assistance,
and alternative trade adjustment assistance under the
Trade Act of 1974 and under section 231(a) of the Trade
Adjustment Assistance Extension Act of 2011 and section
405(a) of the Trade Preferences Extension Act of 2015,
and shall be available for obligation by the States
through December 31, 2019, except that funds used for
automation shall be available for Federal obligation
through December 31, 2019, and for State obligation
through September 30, 2021, or, if the automation is
being carried out through consortia of States, for
State obligation through September 30, 2024, and for
expenditure through September 30, 2025, and funds for
competitive grants awarded to States for improved
operations and to conduct in-person reemployment and
eligibility assessments and unemployment insurance
improper payment reviews and provide reemployment
services and referrals to training, as appropriate,
shall be available for Federal obligation through
December 31, 2019, and for obligation by the States
through September 30, 2021, and funds for the
Unemployment Insurance Integrity Center of Excellence
shall be available for obligation by the State through
September 30, 2020, and funds used for unemployment
insurance workloads experienced through September 30,
2019 shall be available for Federal obligation through
December 31, 2019;
(2) $12,000,000 from the Trust Fund is for national
activities necessary to support the administration of
the Federal-State unemployment insurance system;
(3) $641,639,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is
for grants to States in accordance with section 6 of
the Wagner-Peyser Act, and shall be available for
Federal obligation for the period July 1, 2019 through
June 30, 2020;
(4) $19,818,000 from the Trust Fund is for national
activities of the Employment Service, including
administration of the work opportunity tax credit under
section 51 of the Internal Revenue Code of 1986, and
the provision of technical assistance and staff
training under the Wagner-Peyser Act;
(5) $62,310,000 from the Trust Fund is for the
administration of foreign labor certifications and
related activities under the Immigration and
Nationality Act and related laws, of which $48,028,000
shall be available for the Federal administration of
such activities, and $14,282,000 shall be available for
grants to States for the administration of such
activities; and
(6) $62,653,000 from the General Fund is to provide
workforce information, national electronic tools, and
one-stop system building under the Wagner-Peyser Act
and shall be available for Federal obligation for the
period July 1, 2019 through June 30, 2020:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2019 is projected by
the Department of Labor to exceed 2,030,000, an additional
$28,600,000 from the Trust Fund shall be available for
obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than
100,000) to carry out title III of the Social Security Act:
Provided further, That funds appropriated in this Act that are
allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist
other States in carrying out activities under such title III if
the other States include areas that have suffered a major
disaster declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act: Provided
further, That the Secretary may use funds appropriated for
grants to States under title III of the Social Security Act to
make payments on behalf of States for the use of the National
Directory of New Hires under section 453(j)(8) of such Act:
Provided further, That the Secretary may use funds appropriated
for grants to States under title III of the Social Security Act
to make payments on behalf of States to the entity operating
the State Information Data Exchange System: Provided further,
That funds appropriated in this Act which are used to establish
a national one-stop career center system, or which are used to
support the national activities of the Federal-State
unemployment insurance, employment service, or immigration
programs, may be obligated in contracts, grants, or agreements
with States and non-State entities: Provided further, That
States awarded competitive grants for improved operations under
title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State
unemployment insurance system, may award subgrants to other
States and non-State entities under such grants, subject to the
conditions applicable to the grants: Provided further, That
funds appropriated under this Act for activities authorized
under title III of the Social Security Act and the Wagner-
Peyser Act may be used by States to fund integrated
Unemployment Insurance and Employment Service automation
efforts, notwithstanding cost allocation principles prescribed
under the final rule entitled ``Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for
Federal Awards'' at part 200 of title 2, Code of Federal
Regulations: Provided further, That the Secretary, at the
request of a State participating in a consortium with other
States, may reallot funds allotted to such State under title
III of the Social Security Act to other States participating in
the consortium or to the entity operating the Unemployment
Insurance Information Technology Support Center in order to
carry out activities that benefit the administration of the
unemployment compensation law of the State making the request:
Provided further, That the Secretary may collect fees for the
costs associated with additional data collection, analyses, and
reporting services relating to the National Agricultural
Workers Survey requested by State and local governments, public
and private institutions of higher education, and nonprofit
organizations and may utilize such sums, in accordance with the
provisions of 29 U.S.C. 9a, for the National Agricultural
Workers Survey infrastructure, methodology, and data to meet
the information collection and reporting needs of such
entities, which shall be credited to this appropriation and
shall remain available until September 30, 2020, for such
purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, and to the Black Lung Disability Trust Fund as authorized
by section 9501(c)(1) of the Internal Revenue Code of 1986; and
for nonrepayable advances to the revolving fund established by
section 901(e) of the Social Security Act, to the Unemployment
Trust Fund as authorized by 5 U.S.C. 8509, and to the ``Federal
Unemployment Benefits and Allowances'' account, such sums as
may be necessary, which shall be available for obligation
through September 30, 2020.
program administration
For expenses of administering employment and training
programs, $108,674,000, together with not to exceed $49,982,000
which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $181,000,000, of which up to $3,000,000 shall
be made available through September 30, 2020, for the
procurement of expert witnesses for enforcement litigation.
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The Pension Benefit Guaranty Corporation (``Corporation'')
is authorized to make such expenditures, including financial
assistance authorized by subtitle E of title IV of the Employee
Retirement Income Security Act of 1974, within limits of funds
and borrowing authority available to the Corporation, and in
accord with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by 31
U.S.C. 9104, as may be necessary in carrying out the program,
including associated administrative expenses, through September
30, 2019, for the Corporation: Provided, That none of the
funds available to the Corporation for fiscal year 2019 shall
be available for obligations for administrative expenses in
excess of $445,363,000: Provided further, That to the extent
that the number of new plan participants in plans terminated by
the Corporation exceeds 100,000 in fiscal year 2019, an amount
not to exceed an additional $9,200,000 shall be available
through September 30, 2020, for obligation for administrative
expenses for every 20,000 additional terminated participants:
Provided further, That obligations in excess of the amounts
provided in this paragraph may be incurred for unforeseen and
extraordinary pretermination expenses or extraordinary
multiemployer program related expenses after approval by the
Office of Management and Budget and notification of the
Committees on Appropriations of the House of Representatives
and the Senate: Provided further, That an additional amount
shall be available for obligation through September 30, 2020 to
the extent the Corporation's costs exceed $250,000 for the
provision of credit or identity monitoring to affected
individuals upon suffering a security incident or privacy
breach, not to exceed an additional $100 per affected
individual.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies
and their employees for inspection services rendered,
$229,000,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $41,187,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract
Compliance Programs, $103,476,000.
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers'
Compensation Programs, $115,424,000, together with $2,177,000
which may be expended from the Special Fund in accordance with
sections 39(c), 44(d), and 44(j) of the Longshore and Harbor
Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by 5 U.S.C. 81; continuation
of benefits as provided for under the heading ``Civilian War
Benefits'' in the Federal Security Agency Appropriation Act,
1947; the Employees' Compensation Commission Appropriation Act,
1944; section 5(f) of the War Claims Act (50 U.S.C. App. 2012);
obligations incurred under the War Hazards Compensation Act (42
U.S.C. 1701 et seq.); and 50 percent of the additional
compensation and benefits required by section 10(h) of the
Longshore and Harbor Workers' Compensation Act, $230,000,000,
together with such amounts as may be necessary to be charged to
the subsequent year appropriation for the payment of
compensation and other benefits for any period subsequent to
August 15 of the current year, for deposit into and to assume
the attributes of the Employees' Compensation Fund established
under 5 U.S.C. 8147(a): Provided, That amounts appropriated
may be used under 5 U.S.C. 8104 by the Secretary to reimburse
an employer, who is not the employer at the time of injury, for
portions of the salary of a re-employed, disabled beneficiary:
Provided further, That balances of reimbursements unobligated
on September 30, 2018, shall remain available until expended
for the payment of compensation, benefits, and expenses:
Provided further, That in addition there shall be transferred
to this appropriation from the Postal Service and from any
other corporation or instrumentality required under 5 U.S.C.
8147(c) to pay an amount for its fair share of the cost of
administration, such sums as the Secretary determines to be the
cost of administration for employees of such fair share
entities through September 30, 2019: Provided further, That of
those funds transferred to this account from the fair share
entities to pay the cost of administration of the Federal
Employees' Compensation Act, $74,777,000 shall be made
available to the Secretary as follows:
(1) For enhancement and maintenance of automated
data processing systems operations and
telecommunications systems, $24,540,000;
(2) For automated workload processing operations,
including document imaging, centralized mail intake,
and medical bill processing, $22,968,000;
(3) For periodic roll disability management and
medical review, $25,535,000;
(4) For program integrity, $1,734,000; and
(5) The remaining funds shall be paid into the
Treasury as miscellaneous receipts:
Provided further, That the Secretary may require that any
person filing a notice of injury or a claim for benefits under
5 U.S.C. 81, or the Longshore and Harbor Workers' Compensation
Act, provide as part of such notice and claim, such identifying
information (including Social Security account number) as such
regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275,
$10,319,000, to remain available until expended.
For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of such Act, for
costs incurred in the current fiscal year, such amounts as may
be necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2020, $14,000,000, to remain available
until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $59,098,000, to
remain available until expended: Provided, That the Secretary
may require that any person filing a claim for benefits under
the Act provide as part of such claim such identifying
information (including Social Security account number) as may
be prescribed.
black lung disability trust fund
(including transfer of funds)
Such sums as may be necessary from the Black Lung
Disability Trust Fund (the ``Fund''), to remain available until
expended, for payment of all benefits authorized by section
9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of
1986; and repayment of, and payment of interest on advances, as
authorized by section 9501(d)(4) of that Act. In addition, the
following amounts may be expended from the Fund for fiscal year
2019 for expenses of operation and administration of the Black
Lung Benefits program, as authorized by section 9501(d)(5): not
to exceed $38,246,000 for transfer to the Office of Workers'
Compensation Programs, ``Salaries and Expenses''; not to exceed
$31,994,000 for transfer to Departmental Management, ``Salaries
and Expenses''; not to exceed $330,000 for transfer to
Departmental Management, ``Office of Inspector General''; and
not to exceed $356,000 for payments into miscellaneous receipts
for the expenses of the Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and
Health Administration, $557,787,000, including not to exceed
$102,350,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational Safety
and Health Act (the ``Act''), which grants shall be no less
than 50 percent of the costs of State occupational safety and
health programs required to be incurred under plans approved by
the Secretary under section 18 of the Act; and, in addition,
notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $499,000 per fiscal year
of training institute course tuition and fees, otherwise
authorized by law to be collected, and may utilize such sums
for occupational safety and health training and education:
Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is
authorized, during the fiscal year ending September 30, 2019,
to collect and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums, in
accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that
ensure the safety of equipment and products used by workers in
the workplace: Provided further, That none of the funds
appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Act which is
applicable to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds
appropriated under this paragraph shall be obligated or
expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any employer
of 10 or fewer employees who is included within a category
having a Days Away, Restricted, or Transferred (``DART'')
occupational injury and illness rate, at the most precise
industrial classification code for which such data are
published, less than the national average rate as such rates
are most recently published by the Secretary, acting through
the Bureau of Labor Statistics, in accordance with section 24
of the Act, except--
(1) to provide, as authorized by the Act,
consultation, technical assistance, educational and
training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a citation
for violations found during such inspection, and to
assess a penalty for violations which are not corrected
within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by the Act with
respect to imminent dangers;
(4) to take any action authorized by the Act with
respect to health hazards;
(5) to take any action authorized by the Act with
respect to a report of an employment accident which is
fatal to one or more employees or which results in
hospitalization of two or more employees, and to take
any action pursuant to such investigation authorized by
the Act; and
(6) to take any action authorized by the Act with
respect to complaints of discrimination against
employees for exercising rights under the Act:
Provided further, That the foregoing proviso shall not apply
to any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That $10,537,000 shall be
available for Susan Harwood training grants, of which the
Secretary shall reserve not less than $4,500,000 for Susan
Harwood Training Capacity Building Developmental grants, as
described in Funding Opportunity Number SHTG-FY-16-02
(referenced in the notice of availability of funds published in
the Federal Register on May 3, 2016 (81 Fed. Reg. 30568)) for
program activities starting not later than September 30, 2019
and lasting for a period of 12 months: Provided further, That
not less than $3,500,000 shall be for Voluntary Protection
Programs.
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $373,816,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue and
first-aid work, and the hire of passenger motor vehicles,
including up to $2,000,000 for mine rescue and recovery
activities and not less than $10,537,000 for State assistance
grants: Provided, That amounts available for State assistance
grants may be used for the purchase and maintenance of new
equipment required by the final rule entitled ``Lowering
Miners' Exposure to Respirable Coal Mine Dust, Including
Continuous Personal Dust Monitors'' published by the Department
of Labor in the Federal Register on May 1, 2014 (79 Fed. Reg.
24813 et seq.), for operators that demonstrate financial need
as determined by the Secretary: Provided further, That
notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may be
collected by the National Mine Health and Safety Academy for
room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available
for mine safety and health education and training activities:
Provided further, That notwithstanding 31 U.S.C. 3302, the Mine
Safety and Health Administration is authorized to collect and
retain up to $2,499,000 from fees collected for the approval
and certification of equipment, materials, and explosives for
use in mines, and may utilize such sums for such activities:
Provided further, That the Secretary is authorized to accept
lands, buildings, equipment, and other contributions from
public and private sources and to prosecute projects in
cooperation with other agencies, Federal, State, or private:
Provided further, That the Mine Safety and Health
Administration is authorized to promote health and safety
education and training in the mining community through
cooperative programs with States, industry, and safety
associations: Provided further, That the Secretary is
authorized to recognize the Joseph A. Holmes Safety Association
as a principal safety association and, notwithstanding any
other provision of law, may provide funds and, with or without
reimbursement, personnel, including service of Mine Safety and
Health Administration officials as officers in local chapters
or in the national organization: Provided further, That any
funds available to the Department of Labor may be used, with
the approval of the Secretary, to provide for the costs of mine
rescue and survival operations in the event of a major
disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$550,000,000, together with not to exceed $65,000,000 which may
be expended from the Employment Security Administration account
in the Unemployment Trust Fund.
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $38,203,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles,
$337,756,000, together with not to exceed $308,000, which may
be expended from the Employment Security Administration account
in the Unemployment Trust Fund: Provided, That $59,825,000 for
the Bureau of International Labor Affairs shall be available
for obligation through December 31, 2019: Provided further,
That funds available to the Bureau of International Labor
Affairs may be used to administer or operate international
labor activities, bilateral and multilateral technical
assistance, and microfinance programs, by or through contracts,
grants, subgrants and other arrangements: Provided further,
That not more than $53,825,000 shall be for programs to combat
exploitative child labor internationally and not less than
$6,000,000 shall be used to implement model programs that
address worker rights issues through technical assistance in
countries with which the United States has free trade
agreements or trade preference programs: Provided further,
That $8,040,000 shall be used for program evaluation and shall
be available for obligation through September 30, 2020:
Provided further, That funds available for program evaluation
may be used to administer grants for the purpose of evaluation:
Provided further, That grants made for the purpose of
evaluation shall be awarded through fair and open competition:
Provided further, That funds available for program evaluation
may be transferred to any other appropriate account in the
Department for such purpose: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate are notified at least 15 days in advance of any
transfer: Provided further, That the funds available to the
Women's Bureau may be used for grants to serve and promote the
interests of women in the workforce: Provided further, That of
the amounts made available to the Women's Bureau, not less than
$994,000 shall be used for grants authorized by the Women in
Apprenticeship and Nontraditional Occupations Act.
veterans employment and training
Not to exceed $250,041,000 may be derived from the
Employment Security Administration account in the Unemployment
Trust Fund to carry out the provisions of chapters 41, 42, and
43 of title 38, United States Code, of which:
(1) $180,000,000 is for Jobs for Veterans State
grants under 38 U.S.C. 4102A(b)(5) to support disabled
veterans' outreach program specialists under section
4103A of such title and local veterans' employment
representatives under section 4104(b) of such title,
and for the expenses described in section
4102A(b)(5)(C), which shall be available for obligation
by the States through December 31, 2019, and not to
exceed 3 percent for the necessary Federal expenditures
for data systems and contract support to allow for the
tracking of participant and performance information:
Provided, That, in addition, such funds may be used to
support such specialists and representatives in the
provision of services to transitioning members of the
Armed Forces who have participated in the Transition
Assistance Program and have been identified as in need
of intensive services, to members of the Armed Forces
who are wounded, ill, or injured and receiving
treatment in military treatment facilities or warrior
transition units, and to the spouses or other family
caregivers of such wounded, ill, or injured members;
(2) $23,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C.
1144: Provided, That not more than $3,500,000 shall be
used by the Secretary, in consultation with the
Secretary of Defense and the Secretary of the Veterans
Affairs, to carry out a pilot project designed to
prepare transitioning service members to qualify for,
and to assist in placing them in, apprenticeship
programs, as an additional training opportunity under
subsection (f) of 10 U.S.C. 1144, including the costs
of federal administration and evaluation of such pilot,
and that the funds shall remain available for the pilot
through September 30, 2020;
(3) $43,248,000 is for Federal administration of
chapters 41, 42, and 43 of title 38, and sections 2021,
2021A and 2023 of title 38, United States Code:
Provided, That, up to $500,000 may be used to carry out
the Hire VETS Act (division O of Public Law 115-31);
and
(4) $3,414,000 is for the National Veterans'
Employment and Training Services Institute under 38
U.S.C. 4109:
Provided, That the Secretary may reallocate among the
appropriations provided under paragraphs (1) through (4) above
an amount not to exceed 3 percent of the appropriation from
which such reallocation is made.
In addition, from the General Fund of the Treasury,
$50,000,000 is for carrying out programs to assist homeless
veterans and veterans at risk of homelessness who are
transitioning from certain institutions under sections 2021,
2021A, and 2023 of title 38, United States Code: Provided,
That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30,
2019, to provide services under such section: Provided
further, That services provided under sections 2021 or under
2021A may include, in addition to services to homeless veterans
described in section 2002(a)(1), services to veterans who were
homeless at some point within the 60 days prior to program
entry or veterans who are at risk of homelessness within the
next 60 days, and that services provided under section 2023 may
include, in addition to services to the individuals described
in subsection (e) of such section, services to veterans
recently released from incarceration who are at risk of
homelessness: Provided further, That notwithstanding paragraph
(3) under this heading, funds appropriated in this paragraph
may be used for data systems and contract support to allow for
the tracking of participant and performance information:
Provided further, That notwithstanding sections 2021(e)(2) and
2021A(f)(2) of title 38, United States Code, such funds shall
be available for expenditure pursuant to 31 U.S.C. 1553.
In addition, fees may be assessed and deposited in the
HIRE Vets Medallion Award Fund pursuant to section 5(b) of the
HIRE Vets Act, and such amounts shall be available to the
Secretary to carry out the HIRE Vets Medallion Award Program,
as authorized by such Act, and shall remain available until
expended: Provided, That such sums shall be in addition to any
other funds available for such purposes, including funds
available under paragraph (3) of this heading: Provided
further, That section 2(d) of division O of the Consolidated
Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100
note) shall not apply.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to
support systems and modernization, $23,269,000, which shall be
available through September 30, 2020.
office of inspector general
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, $83,487,000, together with not to exceed
$5,660,000 which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
General Provisions
Sec. 101. None of the funds appropriated by this Act for
the Job Corps shall be used to pay the salary and bonuses of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for the Department of Labor in this Act may be
transferred between a program, project, or activity, but no
such program, project, or activity shall be increased by more
than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall not be used to
create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided further,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer.
Sec. 103. In accordance with Executive Order 13126, none
of the funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or
services rendered, in whole or in part, by forced or indentured
child labor in industries and host countries already identified
by the United States Department of Labor prior to enactment of
this Act.
Sec. 104. Except as otherwise provided in this section,
none of the funds made available to the Department of Labor for
grants under section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998 (29 U.S.C. 2916a) may be used
for any purpose other than competitive grants for training
individuals who are older than 16 years of age and are not
currently enrolled in school within a local educational agency
in the occupations and industries for which employers are using
H-1B visas to hire foreign workers, and the related activities
necessary to support such training.
Sec. 105. None of the funds made available by this Act
under the heading ``Employment and Training Administration''
shall be used by a recipient or subrecipient of such funds to
pay the salary and bonuses of an individual, either as direct
costs or indirect costs, at a rate in excess of Executive Level
II. This limitation shall not apply to vendors providing goods
and services as defined in Office of Management and Budget
Circular A-133. Where States are recipients of such funds,
States may establish a lower limit for salaries and bonuses of
those receiving salaries and bonuses from subrecipients of such
funds, taking into account factors including the relative cost-
of-living in the State, the compensation levels for comparable
State or local government employees, and the size of the
organizations that administer Federal programs involved
including Employment and Training Administration programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary
may transfer funds made available to the Employment and
Training Administration by this Act, either directly or through
a set-aside, for technical assistance services to grantees to
``Program Administration'' when it is determined that those
services will be more efficiently performed by Federal
employees: Provided, That this section shall not apply to
section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer
not more than 0.5 percent of each discretionary appropriation
made available to the Employment and Training Administration by
this Act to ``Program Administration'' in order to carry out
program integrity activities relating to any of the programs or
activities that are funded under any such discretionary
appropriations: Provided, That notwithstanding section 102 and
the preceding proviso, the Secretary may transfer not more than
0.5 percent of funds made available in paragraphs (1) and (2)
of the ``Office of Job Corps'' account to paragraph (3) of such
account to carry out program integrity activities related to
the Job Corps program: Provided further, That funds
transferred under the authority provided by this subsection
shall be available for obligation through September 30, 2020.
(transfer of funds)
Sec. 107. (a) The Secretary may reserve not more than 0.75
percent from each appropriation made available in this Act
identified in subsection (b) in order to carry out evaluations
of any of the programs or activities that are funded under such
accounts. Any funds reserved under this section shall be
transferred to ``Departmental Management'' for use by the
Office of the Chief Evaluation Officer within the Department of
Labor, and shall be available for obligation through September
30, 2020: Provided, That such funds shall only be available if
the Chief Evaluation Officer of the Department of Labor submits
a plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be
carried out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are:
``Training and Employment Services'', ``Job Corps'',
``Community Service Employment for Older Americans'', ``State
Unemployment Insurance and Employment Service Operations'',
``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'',
``Office of Federal Contract Compliance Programs'', ``Office of
Labor Management Standards'', ``Occupational Safety and Health
Administration'', ``Mine Safety and Health Administration'',
``Office of Disability Employment Policy'', funding made
available to the ``Bureau of International Labor Affairs'' and
``Women's Bureau'' within the ``Departmental Management,
Salaries and Expenses'' account, and ``Veterans Employment and
Training''.
Sec. 108. (a) Section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) shall be applied as if the following text
is part of such section:
``(s)(1) The provisions of this section shall not apply for
a period of 2 years after the occurrence of a major disaster to
any employee--
``(A) employed to adjust or evaluate claims
resulting from or relating to such major disaster, by
an employer not engaged, directly or through an
affiliate, in underwriting, selling, or marketing
property, casualty, or liability insurance policies or
contracts;
``(B) who receives from such employer on average
weekly compensation of not less than $591.00 per week
or any minimum weekly amount established by the
Secretary, whichever is greater, for the number of
weeks such employee is engaged in any of the activities
described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals,
individuals who suffered injuries or other
damages or losses arising from or relating to a
disaster, witnesses, or physicians;
``(ii) inspecting property damage or
reviewing factual information to prepare damage
estimates;
``(iii) evaluating and making
recommendations regarding coverage or
compensability of claims or determining
liability or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding
litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) For purposes of this subsection--
``(A) the term `major disaster' means any disaster
or catastrophe declared or designated by any State or
Federal agency or department;
``(B) the term `employee employed to adjust or
evaluate claims resulting from or relating to such
major disaster' means an individual who timely secured
or secures a license required by applicable law to
engage in and perform the activities described in
clauses (i) through (v) of paragraph (1)(C) relating to
a major disaster, and is employed by an employer that
maintains worker compensation insurance coverage or
protection for its employees, if required by applicable
law, and withholds applicable Federal, State, and local
income and payroll taxes from the wages, salaries and
any benefits of such employees; and
``(C) the term `affiliate' means a company that, by
reason of ownership or control of 25 percent or more of
the outstanding shares of any class of voting
securities of one or more companies, directly or
indirectly, controls, is controlled by, or is under
common control with, another company.''.
(b) This section shall be effective on the date of
enactment of this Act.
(rescission)
Sec. 109. Of the funds made available under the heading
``Employment and Training Administration-Training and
Employment Services'' in division H of Public Law 115-141,
$53,000,000 is rescinded, to be derived from the amount made
available in paragraph (2)(A) under such heading for the period
October 1, 2018, through September 30, 2019.
Sec. 110. (a) Flexibility With Respect to the Crossing of
H-2B Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a
petition for H-2B nonimmigrants filed by an employer in
the seafood industry is granted, the employer may bring
the nonimmigrants described in the petition into the
United States at any time during the 120-day period
beginning on the start date for which the employer is
seeking the services of the nonimmigrants without
filing another petition.
(2) Requirements for crossings after 90th day.--An
employer in the seafood industry may not bring H-2B
nonimmigrants into the United States after the date
that is 90 days after the start date for which the
employer is seeking the services of the nonimmigrants
unless the employer--
(A) completes a new assessment of the local
labor market by--
(i) listing job orders in local
newspapers on 2 separate Sundays; and
(ii) posting the job opportunity on
the appropriate Department of Labor
Electronic Job Registry and at the
employer's place of employment; and
(B) offers the job to an equally or better
qualified United States worker who--
(i) applies for the job; and
(ii) will be available at the time
and place of need.
(3) Exemption from rules with respect to
staggering.--The Secretary of Labor shall not consider
an employer in the seafood industry who brings H-2B
nonimmigrants into the United States during the 120-day
period specified in paragraph (1) to be staggering the
date of need in violation of section 655.20(d) of title
20, Code of Federal Regulations, or any other
applicable provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term
``H-2B nonimmigrants'' means aliens admitted to the United
States pursuant to section 101(a)(15)(H)(ii)(B) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(B)).
Sec. 111. The determination of prevailing wage for the
purposes of the H-2B program shall be the greater of--(1) the
actual wage level paid by the employer to other employees with
similar experience and qualifications for such position in the
same location; or (2) the prevailing wage level for the
occupational classification of the position in the geographic
area in which the H-2B nonimmigrant will be employed, based on
the best information available at the time of filing the
petition. In the determination of prevailing wage for the
purposes of the H-2B program, the Secretary shall accept
private wage surveys even in instances where Occupational
Employment Statistics survey data are available unless the
Secretary determines that the methodology and data in the
provided survey are not statistically supported.
Sec. 112. None of the funds in this Act shall be used to
enforce the definition of corresponding employment found in 20
CFR 655.5 or the three-fourths guarantee rule definition found
in 20 CFR 655.20, or any references thereto. Further, for the
purpose of regulating admission of temporary workers under the
H-2B program, the definition of temporary need shall be that
provided in 8 CFR 214.2(h)(6)(ii)(B).
Sec. 113. Notwithstanding any other provision of law, the
Secretary may furnish through grants, cooperative agreements,
contracts, and other arrangements, up to $2,000,000 of excess
personal property to apprenticeship programs for the purpose of
training apprentices in those programs.
Sec. 114. The proviso at the end of paragraph (1) under
the heading ``Department of Labor--Employment and Training
Administration--State Unemployment Insurance and Employment
Service Operations'' in title I of division G of Public Law
113-235 is amended by striking ``six'' and inserting ``seven''.
Sec. 115. (a) The Act entitled ``An Act to create a
Department of Labor'', approved March 4, 1913 (37 Stat. 736,
chapter 141) shall be applied as if the following text is part
of such Act:
``SEC. 12. SECURITY DETAIL.
``(a) In General.--The Secretary of Labor is authorized to
employ law enforcement officers or special agents to--
``(1) provide protection for the Secretary of Labor
during the workday of the Secretary and during any
activity that is preliminary or postliminary to the
performance of official duties by the Secretary;
``(2) provide protection, incidental to the
protection provided to the Secretary, to a member of
the immediate family of the Secretary who is
participating in an activity or event relating to the
official duties of the Secretary;
``(3) provide continuous protection to the
Secretary (including during periods not described in
paragraph (1)) and to the members of the immediate
family of the Secretary if there is a unique and
articulable threat of physical harm, in accordance with
guidelines established by the Secretary; and
``(4) provide protection to the Deputy Secretary of
Labor or another senior officer representing the
Secretary of Labor at a public event if there is a
unique and articulable threat of physical harm, in
accordance with guidelines established by the
Secretary.
``(b) Authorities.--The Secretary of Labor may authorize a
law enforcement officer or special agent employed under
subsection (a), for the purpose of performing the duties
authorized under subsection (a), to--
``(1) carry firearms;
``(2) make arrests without a warrant for any
offense against the United States committed in the
presence of such officer or special agent;
``(3) perform protective intelligence work,
including identifying and mitigating potential threats
and conducting advance work to review security matters
relating to sites and events;
``(4) coordinate with local law enforcement
agencies; and
``(5) initiate criminal and other investigations
into potential threats to the security of the
Secretary, in coordination with the Inspector General
of the Department of Labor.
``(c) Compliance With Guidelines.--A law enforcement
officer or special agent employed under subsection (a) shall
exercise any authority provided under this section in
accordance with any--
``(1) guidelines issued by the Attorney General;
and
``(2) guidelines prescribed by the Secretary of
Labor.''.
(b) This section shall be effective on the date of
enactment of this Act.
Sec. 116. The Secretary is authorized to dispose of or
divest, by any means the Secretary determines appropriate,
including an agreement or partnership to construct a new Job
Corps center, all or a portion of the real property on which
the Treasure Island Job Corps Center is situated. Any sale or
other disposition will not be subject to any requirement of any
Federal law or regulation relating to the disposition of
Federal real property, including but not limited to subchapter
III of chapter 5 of title 40 of the United States Code and
subchapter V of chapter 119 of title 42 of the United States
Code. The net proceeds of such a sale shall be transferred to
the Secretary, which shall be available until expended to carry
out the Job Corps Program.
Sec. 117. (a) The paragraph under the heading ``Working
Capital Fund'' in the Department of Labor Appropriations Act,
1958, Public Law 85-67, 71 Stat. 210, as amended, is further
amended by striking all of the text that appears after ``for
expenses necessary for the maintenance and operation of'' and
inserting ``a comprehensive program of centralized services
which the Secretary of Labor may prescribe and deem appropriate
and advantageous to provide on a reimbursable basis: Provided,
That such Working Capital Fund may receive advances and
reimbursements from funds available to bureaus, offices, and
agencies for which such centralized services are performed at
rates which will return in full all expenses of operation,
including reserves for accrued annual leave, workers'
compensation, depreciation of capitalized equipment and
amortization of human resources software and systems (either
acquired or donated): Provided further, That, through September
30, 2019, the Secretary of Labor may transfer an amount not to
exceed $3,000,000 from unobligated balances in the Department's
salaries and expenses accounts to the Working Capital Fund, to
be merged with the Working Capital Fund and used for the
acquisition of capital equipment and the improvement of
financial management, information technology, infrastructure
technology investment activities related to support systems and
modernization, and other support systems, and to remain
available until expended: Provided further, That the Secretary
of Labor may transfer to the Working Capital Fund, to remain
available for obligation for five fiscal years after the fiscal
year of such transfer, annually an amount not to exceed
$9,000,000 from unobligated balances in the Department's
salaries and expenses accounts made available in this Act and
hereafter, and annually an amount not to exceed $9,000,000 from
unobligated balances in the Department's discretionary grants
accounts made available in this Act and hereafter, for the
acquisition of capital equipment and the improvement of
financial management, information technology, infrastructure
technology investment activities related to support systems and
modernization, and other support systems: Provided further,
That none of the funds transferred pursuant to the preceding
proviso shall be available unless the Chief Information Officer
of the Department of Labor has submitted a plan, approved by
the Office of Management and Budget, describing the amounts to
be transferred by account, the planned use of funds, including
descriptions of projects, project status, including any
scheduled delays and cost overruns, financial expenditures,
planned activities, and expected benefits, to the Committees on
Appropriations of the House of Representatives and the Senate
by July 31 of the calendar year prior to the fiscal year in
which the transfer will occur: Provided further, That the
Working Capital Fund may receive reimbursements from entities
or persons for use of Departmental facilities, including
associated utilities and security services, and such
reimbursements shall be credited to and merged with the Working
Capital Fund: Provided further, That pursuant to section 11319
of title 40, United States Code, the Secretary shall ensure
that the Department's Chief Information Officer shall, at a
minimum, be a principal advisor to the Secretary and a member
on any board or governance structure of the Department
responsible for advising and setting Department-wide
information technology budgets: Provided further, That none of
the funds available for information technology modernization
under this section or under the heading `IT Modernization'
shall be used for information technology modernization projects
unless an experienced project manager, employed by the
Department of Labor, is assigned oversight responsibility,
including but not limited to, ensuring such projects are
completed within established timeframes and budgets.''.
(b) The following provisions are repealed:
(1) The heading ``Working Capital Fund'' and the
paragraph thereunder in Public Law 91-204, title I, 84
Stat. 26 (1970); and
(2) The heading ``Working Capital Fund'' and the
paragraph thereunder in the Department of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act, 1994, Public Law 103-112, title I,
107 Stat. 1088 (1993).
(rescission)
Sec. 118. (a) That of the unobligated funds available under
section 286(s)(2) of the Immigration and Nationality Act (8
U.S.C. 1356(s)(2)), $8,250,000 are permanently rescinded.
(b) For an additional amount for ``Employment and Training
Administration--State Unemployment Insurance and Employment
Service Operations'', $8,250,000, to remain available until
September 30, 2019, for processing applications for foreign
labor certifications, including activities related to wage
determinations and associated tasks, submitted by employers to
employ nonimmigrants as described in section 6(d)(2) of the
Joint Resolution entitled ``A Joint Resolution to approve the
`Covenant To Establish a Commonwealth of the Northern Mariana
Islands in a Political Union with the United States of
America', and for other purposes'', as amended by section 3 of
the Northern Mariana Islands U.S. Workforce Act of 2018 (Public
Law 115-218).
This title may be cited as the ``Department of Labor
Appropriations Act, 2019''.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health
Service Act (referred to in this Act as the ``PHS Act'') with
respect to primary health care and the Native Hawaiian Health
Care Act of 1988, $1,626,522,000 (in addition to the
$4,000,000,000 previously appropriated to the Community Health
Center Fund for fiscal year 2019): Provided, That no more than
$1,000,000 shall be available until expended for carrying out
the provisions of section 224(o) of the PHS Act: Provided
further, That no more than $120,000,000 shall be available
until expended for carrying out subsections (g) through (n) and
(q) of section 224 of the PHS Act, and for expenses incurred by
the Department of Health and Human Services (referred to in
this Act as ``HHS'') pertaining to administrative claims made
under such law: Provided further, That of funds provided for
the Health Centers program, as defined by section 330 of the
PHS Act, by this Act or any other Act for fiscal year 2019, not
less than $200,000,000 shall be obligated in fiscal year 2019
for improving quality of care or expanded service grants under
section 330 of the PHS Act to support and enhance behavioral
health, mental health, or substance use disorder services.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act
with respect to the health workforce, sections 1128E and 1921
of the Social Security Act, and the Health Care Quality
Improvement Act of 1986, $1,096,695,000: Provided, That
sections 751(j)(2) and 762(k) of the PHS Act and the
proportional funding amounts in paragraphs (1) through (4) of
section 756(f) of the PHS Act shall not apply to funds made
available under this heading: Provided further, That for any
program operating under section 751 of the PHS Act on or before
January 1, 2009, the Secretary of Health and Human Services
(referred to in this title as the ``Secretary'') may hereafter
waive any of the requirements contained in sections
751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project
period of a grant under such section: Provided further, That
no funds shall be available for section 340G-1 of the PHS Act:
Provided further, That fees collected for the disclosure of
information under section 427(b) of the Health Care Quality
Improvement Act of 1986 and sections 1128E(d)(2) and 1921 of
the Social Security Act shall be sufficient to recover the full
costs of operating the programs authorized by such sections and
shall remain available until expended for the National
Practitioner Data Bank: Provided further, That funds
transferred to this account to carry out section 846 and
subpart 3 of part D of title III of the PHS Act may be used to
make prior year adjustments to awards made under such section
and subpart: Provided further, That $105,000,000 shall remain
available until expended for the purposes of providing primary
health services, assigning National Health Service Corps
(``NHSC'') members to expand the delivery of substance use
disorder treatment services, notwithstanding the assignment
priorities and limitations under sections 333(a)(1)(D), 333(b),
and 333A(a)(1)(B)(ii) of the PHS Act, and making payments under
the NHSC Loan Repayment Program under section 338B of such Act:
Provided further, That, in addition to amounts otherwise made
available in the previous proviso, $15,000,000 shall remain
available until expended for the purposes of making payments
under the NHSC Loan Repayment Program under section 338B of the
PHS Act to individuals participating in such program who
provide primary health services in Indian Health Service
facilities, Tribally-Operated 638 Health Programs, and Urban
Indian Health Programs (as those terms are defined by the
Secretary), notwithstanding the assignment priorities and
limitations under section 333(b) of such Act: Provided further,
That for purposes of the previous two provisos, section
331(a)(3)(D) of the PHS Act shall be applied as if the term
``primary health services'' includes clinical substance use
disorder treatment services, including those provided by
masters level, licensed substance use disorder treatment
counselors.
Of the funds made available under this heading, $25,000,000
shall remain available until expended for grants to public
institutions of higher education to expand or support graduate
education for physicians provided by such institutions:
Provided, That, in awarding such grants, the Secretary shall
give priority to public institutions of higher education
located in States with a projected primary care provider
shortage in 2025, as determined by the Secretary: Provided
further, That grants so awarded are limited to such public
institutions of higher education in States in the top quintile
of States with a projected primary care provider shortage in
2025, as determined by the Secretary: Provided further, That
the minimum amount of a grant so awarded to such an institution
shall be not less than $1,000,000 per year: Provided further,
That such a grant may be awarded for a period not to exceed 5
years: Provided further, That such a grant awarded with
respect to a year to such an institution shall be subject to a
matching requirement of non-Federal funds in an amount that is
not less than 10 percent of the total amount of Federal funds
provided in the grant to such institution with respect to such
year.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS
Act with respect to maternal and child health, title V of the
Social Security Act, and section 712 of the American Jobs
Creation Act of 2004, $926,789,000: Provided, That
notwithstanding sections 502(a)(1) and 502(b)(1) of the Social
Security Act, not more than $109,593,000 shall be available for
carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act and
$10,276,000 shall be available for projects described in
subparagraphs (A) through (F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,318,781,000, of which
$1,970,881,000 shall remain available to the Secretary through
September 30, 2021, for parts A and B of title XXVI of the PHS
Act, and of which not less than $900,313,000 shall be for State
AIDS Drug Assistance Programs under the authority of section
2616 or 311(c) of such Act.
health care systems
For carrying out titles III and XII of the PHS Act with
respect to health care systems, and the Stem Cell Therapeutic
and Research Act of 2005, $115,193,000, of which $122,000 shall
be available until expended for facilities renovations at the
Gillis W. Long Hansen's Disease Center.
rural health
For carrying out titles III and IV of the PHS Act with
respect to rural health, section 427(a) of the Federal Coal
Mine Health and Safety Act of 1969, and sections 711 and 1820
of the Social Security Act, $317,794,000, of which $53,609,000
from general revenues, notwithstanding section 1820(j) of the
Social Security Act, shall be available for carrying out the
Medicare rural hospital flexibility grants program: Provided,
That of the funds made available under this heading for
Medicare rural hospital flexibility grants, $19,942,000 shall
be available for the Small Rural Hospital Improvement Grant
Program for quality improvement and adoption of health
information technology and up to $1,000,000 shall be to carry
out section 1820(g)(6) of the Social Security Act, with funds
provided for grants under section 1820(g)(6) available for the
purchase and implementation of telehealth services, including
pilots and demonstrations on the use of electronic health
records to coordinate rural veterans care between rural
providers and the Department of Veterans Affairs electronic
health record system: Provided further, That notwithstanding
section 338J(k) of the PHS Act, $10,000,000 shall be available
for State Offices of Rural Health: Provided further, That
$10,000,000 shall remain available through September 30, 2021,
to support the Rural Residency Development Program: Provided
further, That $120,000,000 shall be for the Rural Communities
Opioids Response Program.
family planning
For carrying out the program under title X of the PHS Act
to provide for voluntary family planning projects,
$286,479,000: Provided, That amounts provided to said projects
under such title shall not be expended for abortions, that all
pregnancy counseling shall be nondirective, and that such
amounts shall not be expended for any activity (including the
publication or distribution of literature) that in any way
tends to promote public support or opposition to any
legislative proposal or candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $155,250,000: Provided, That funds made
available under this heading may be used to supplement program
support funding provided under the headings ``Primary Health
Care'', ``Health Workforce'', ``Maternal and Child Health'',
``Ryan White HIV/AIDS Program'', ``Health Care Systems'', and
``Rural Health''.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program
Trust Fund (the ``Trust Fund''), such sums as may be necessary
for claims associated with vaccine-related injury or death with
respect to vaccines administered after September 30, 1988,
pursuant to subtitle 2 of title XXI of the PHS Act, to remain
available until expended: Provided, That for necessary
administrative expenses, not to exceed $9,200,000 shall be
available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to immunization and respiratory
diseases, $477,855,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS
Act with respect to HIV/AIDS, viral hepatitis, sexually
transmitted diseases, and tuberculosis prevention,
$1,132,278,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821
of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education
Assistance Act, with respect to emerging and zoonotic
infectious diseases, $568,372,000.
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of
the PHS Act with respect to chronic disease prevention and
health promotion, $932,821,000: Provided, That funds
appropriated under this account may be available for making
grants under section 1509 of the PHS Act for not less than 21
States, tribes, or tribal organizations: Provided further,
That of the funds made available under this heading,
$15,000,000 shall be available to continue and expand community
specific extension and outreach programs to combat obesity in
counties with the highest levels of obesity: Provided further,
That the proportional funding requirements under section
1503(a) of the PHS Act shall not apply to funds made available
under this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS
Act with respect to birth defects, developmental disabilities,
disabilities and health, $155,560,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act
with respect to health statistics, surveillance, health
informatics, and workforce development, $496,397,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act
with respect to environmental health, $192,350,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act
with respect to injury prevention and control, $648,559,000.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act,
sections 101, 102, 103, 201, 202, 203, 301, and 501 of the
Federal Mine Safety and Health Act, section 13 of the Mine
Improvement and New Emergency Response Act, and sections 20,
21, and 22 of the Occupational Safety and Health Act, with
respect to occupational safety and health, $336,300,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to
remain available until expended: Provided, That this amount
shall be available consistent with the provision regarding
administrative expenses in section 151(b) of division B, title
I of Public Law 106-554.
global health
For carrying out titles II, III, and XVII of the PHS Act
with respect to global health, $488,621,000, of which: (1)
$128,421,000 shall remain available through September 30, 2020
for international HIV/AIDS; and (2) $50,000,000 shall remain
available through September 30, 2021 for Global Disease
Detection and Emergency Response: Provided, That funds may be
used for purchase and insurance of official motor vehicles in
foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act
with respect to public health preparedness and response, and
for expenses necessary to support activities related to
countering potential biological, nuclear, radiological, and
chemical threats to civilian populations, $1,465,200,000, of
which $610,000,000 shall remain available until expended for
the Strategic National Stockpile: Provided, That the Director
of the Centers for Disease Control and Prevention (referred to
in this title as ``CDC'') or the Administrator of the Agency
for Toxic Substances and Disease Registry may detail staff
without reimbursement for up to 90 days to support an
activation of the CDC Emergency Operations Center, so long as
the Director or Administrator, as applicable, provides a notice
to the Committees on Appropriations of the House of
Representatives and the Senate within 15 days of the use of
this authority and a full report within 30 days after use of
this authority which includes the number of staff and funding
level broken down by the originating center and number of days
detailed: Provided further, That funds appropriated under this
heading may be used to support a contract for the operation and
maintenance of an aircraft in direct support of activities
throughout CDC to ensure the agency is prepared to address
public health preparedness emergencies.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
demolition, and renovation of facilities, $30,000,000, which
shall remain available until September 30, 2023: Provided,
That funds previously set-aside by CDC for repair and upgrade
of the Lake Lynn Experimental Mine and Laboratory shall be used
to acquire a replacement mine safety research facility:
Provided further, That in addition, the prior year unobligated
balance of any amounts assigned to former employees in accounts
of CDC made available for Individual Learning Accounts shall be
credited to and merged with the amounts made available under
this heading to support the replacement of the mine safety
research facility.
cdc-wide activities and program support
For carrying out titles II, III, XVII and XIX, and section
2821 of the PHS Act and for cross-cutting activities and
program support for activities funded in other appropriations
included in this Act for the Centers for Disease Control and
Prevention, $163,570,000, of which up to $10,000,000 may be
transferred to the reserve of the Working Capital Fund
authorized under this heading in division F of Public Law 112-
74: Provided, That paragraphs (1) through (3) of subsection
(b) of section 2821 of the PHS Act shall not apply to funds
appropriated under this heading and in all other accounts of
the CDC: Provided further, That employees of CDC or the Public
Health Service, both civilian and commissioned officers,
detailed to States, municipalities, or other organizations
under authority of section 214 of the PHS Act, or in overseas
assignments, shall be treated as non-Federal employees for
reporting purposes only and shall not be included within any
personnel ceiling applicable to the Agency, Service, or HHS
during the period of detail or assignment: Provided further,
That CDC may use up to $10,000 from amounts appropriated to CDC
in this Act for official reception and representation expenses
when specifically approved by the Director of CDC: Provided
further, That in addition, such sums as may be derived from
authorized user fees, which shall be credited to the
appropriation charged with the cost thereof: Provided further,
That with respect to the previous proviso, authorized user fees
from the Vessel Sanitation Program and the Respirator
Certification Program shall be available through September 30,
2020.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act
with respect to cancer, $5,743,892,000, of which up to
$30,000,000 may be used for facilities repairs and improvements
at the National Cancer Institute--Frederick Federally Funded
Research and Development Center in Frederick, Maryland.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act
with respect to cardiovascular, lung, and blood diseases, and
blood and blood products, $3,488,335,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act
with respect to dental and craniofacial diseases, $461,781,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act
with respect to diabetes and digestive and kidney disease,
$2,029,823,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act
with respect to neurological disorders and stroke,
$2,216,913,000.
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act
with respect to allergy and infectious diseases,
$5,523,324,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $2,872,780,000, of
which $1,146,821,000 shall be from funds available under
section 241 of the PHS Act: Provided, That not less than
$361,573,000 is provided for the Institutional Development
Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act
with respect to child health and human development,
$1,506,458,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders,
$796,536,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $774,707,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act
with respect to aging, $3,083,410,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act
with respect to arthritis and musculoskeletal and skin
diseases, $605,065,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act
with respect to deafness and other communication disorders,
$474,404,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $162,992,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act
with respect to alcohol abuse and alcoholism, $525,591,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,419,844,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $1,812,796,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $575,579,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act
with respect to biomedical imaging and bioengineering research,
$389,464,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act
with respect to complementary and integrative health,
$146,473,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act
with respect to minority health and health disparities
research, $314,679,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty
International Center (described in subpart 2 of part E of title
IV of the PHS Act), $78,109,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act
with respect to health information communications,
$441,997,000: Provided, That of the amounts available for
improvement of information systems, $4,000,000 shall be
available until September 30, 2020: Provided further, That in
fiscal year 2019, the National Library of Medicine may enter
into personal services contracts for the provision of services
in facilities owned, operated, or constructed under the
jurisdiction of the National Institutes of Health (referred to
in this title as ``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act
with respect to translational sciences, $806,373,000:
Provided, That up to $80,000,000 shall be available to
implement section 480 of the PHS Act, relating to the Cures
Acceleration Network: Provided further, That at least
$559,736,000 is provided to the Clinical and Translational
Sciences Awards program.
office of the director
(including transfer of funds)
For carrying out the responsibilities of the Office of the
Director, NIH, $1,909,075,000: Provided, That funding shall be
available for the purchase of not to exceed 29 passenger motor
vehicles for replacement only: Provided further, That all
funds credited to the NIH Management Fund shall remain
available for one fiscal year after the fiscal year in which
they are deposited: Provided further, That $165,000,000 shall
be for the Environmental Influences on Child Health Outcomes
study: Provided further, That $606,566,000 shall be available
for the Common Fund established under section 402A(c)(1) of the
PHS Act: Provided further, That of the funds provided, $10,000
shall be for official reception and representation expenses
when specifically approved by the Director of the NIH:
Provided further, That the Office of AIDS Research within the
Office of the Director of the NIH may spend up to $8,000,000 to
make grants for construction or renovation of facilities as
provided for in section 2354(a)(5)(B) of the PHS Act: Provided
further, That $50,000,000 shall be used to carry out section
404I of the PHS Act (42 U.S.C. 283K), relating to biomedical
and behavioral research facilities: Provided further, That
$5,000,000 shall be transferred to and merged with the
appropriation for the ``Office of Inspector General'' for
oversight of grant programs and operations of the NIH,
including agency efforts to ensure the integrity of its grant
application evaluation and selection processes, and shall be in
addition to funds otherwise made available for oversight of the
NIH: Provided further, That the funds provided in the previous
proviso may be transferred from one specified activity to
another with 15 days prior approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That the Inspector General shall consult with
the Committees on Appropriations of the House of
Representatives and the Senate before submitting to the
Committees an audit plan for fiscal years 2019 and 2020 no
later than 30 days after the date of enactment of this Act.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000
is appropriated to the Common Fund from the 10-year Pediatric
Research Initiative Fund described in section 9008 of title 26,
United States Code, for the purpose of carrying out section
402(b)(7)(B)(ii) of the PHS Act (relating to pediatric
research), as authorized in the Gabriella Miller Kids First
Research Act.
buildings and facilities
For the study of, construction of, demolition of,
renovation of, and acquisition of equipment for, facilities of
or used by NIH, including the acquisition of real property,
$200,000,000, to remain available through September 30, 2023.
nih innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described
in section 1001(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes in the
appropriations provided to the NIH in this Act, $711,000,000,
to remain available until expended: Provided, That such
amounts are appropriated pursuant to section 1001(b)(3) of such
Act, are to be derived from amounts transferred under section
1001(b)(2)(A) of such Act, and may be transferred by the
Director of the National Institutes of Health to other accounts
of the National Institutes of Health solely for the purposes
provided in such Act: Provided further, That upon a
determination by the Director that funds transferred pursuant
to the previous proviso are not necessary for the purposes
provided, such amounts may be transferred back to the Account:
Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided by law.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, and the Protection and Advocacy for
Individuals with Mental Illness Act, $1,524,974,000: Provided,
That of the funds made available under this heading,
$63,887,000 shall be for the National Child Traumatic Stress
Initiative, of which $10,000,000 shall be awarded not later
than December 1, 2018, for activities described in the joint
explanatory statement accompanying this Act: Provided further,
That notwithstanding section 520A(f)(2) of the PHS Act, no
funds appropriated for carrying out section 520A shall be
available for carrying out section 1971 of the PHS Act:
Provided further, That in addition to amounts provided herein,
$21,039,000 shall be available under section 241 of the PHS Act
to carry out subpart I of part B of title XIX of the PHS Act to
fund section 1920(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1920(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart I of part B of title XIX: Provided further, That up to
10 percent of the amounts made available to carry out the
Children's Mental Health Services program may be used to carry
out demonstration grants or contracts for early interventions
with persons not more than 25 years of age at clinical high
risk of developing a first episode of psychosis: Provided
further, That section 520E(b)(2) of the PHS Act shall not apply
to funds appropriated in this Act for fiscal year 2019:
Provided further, That States shall expend at least 10 percent
of the amount each receives for carrying out section 1911 of
the PHS Act to support evidence-based programs that address the
needs of individuals with early serious mental illness,
including psychotic disorders, regardless of the age of the
individual at onset: Provided further, That $150,000,000 shall
be available until September 30, 2021 for grants to communities
and community organizations who meet criteria for Certified
Community Behavioral Health Clinics pursuant to section 223(a)
of Public Law 113-93: Provided further, That none of the funds
provided for section 1911 of the PHS Act shall be subject to
section 241 of such Act: Provided further, That of the funds
made available under this heading, $15,000,000 shall be to
carry out section 224 of the Protecting Access to Medicare Act
of 2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with
respect to substance abuse treatment and title XIX of such Act
with respect to substance abuse treatment and prevention,
$3,737,556,000: Provided, That $1,500,000,000 shall be for
State Opioid Response Grants for carrying out activities
pertaining to opioids undertaken by the State agency
responsible for administering the substance abuse prevention
and treatment block grant under subpart II of part B of title
XIX of the PHS Act (42 U.S.C. 300x-21 et seq.): Provided
further, That of such amount $50,000,000 shall be made
available to Indian Tribes or tribal organizations: Provided
further, That 15 percent of the remaining amount shall be for
the States with the highest mortality rate related to opioid
use disorders: Provided further, That of the amounts provided
for State Opioid Response Grants not more than 2 percent shall
be available for Federal administrative expenses, training,
technical assistance, and evaluation: Provided further, That
of the amount not reserved by the previous three provisos, the
Secretary shall make allocations to States, territories, and
the District of Columbia according to a formula using national
survey results that the Secretary determines are the most
objective and reliable measure of drug use and drug-related
deaths: Provided further, That the Secretary shall submit the
formula methodology to the Committees on Appropriations of the
House of Representatives and the Senate not less than 15 days
prior to publishing a Funding Opportunity Announcement:
Provided further, That prevention and treatment activities
funded through such grants may include education, treatment
(including the provision of medication), behavioral health
services for individuals in treatment programs, referral to
treatment services, recovery support, and medical screening
associated with such treatment: Provided further, That each
State, as well as the District of Columbia, shall receive not
less than $4,000,000: Provided further, That in addition to
amounts provided herein, the following amounts shall be
available under section 241 of the PHS Act: (1) $79,200,000 to
carry out subpart II of part B of title XIX of the PHS Act to
fund section 1935(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart II of part B of title XIX; and (2) $2,000,000 to
evaluate substance abuse treatment programs: Provided further,
That none of the funds provided for section 1921 of the PHS Act
or State Opioid Response Grants shall be subject to section 241
of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with
respect to substance abuse prevention, $205,469,000.
health surveillance and program support
For program support and cross-cutting activities that
supplement activities funded under the headings ``Mental
Health'', ``Substance Abuse Treatment'', and ``Substance Abuse
Prevention'' in carrying out titles III, V, and XIX of the PHS
Act and the Protection and Advocacy for Individuals with Mental
Illness Act in the Substance Abuse and Mental Health Services
Administration, $128,830,000: Provided, That in addition to
amounts provided herein, $31,428,000 shall be available under
section 241 of the PHS Act to supplement funds available to
carry out national surveys on drug abuse and mental health, to
collect and analyze program data, and to conduct public
awareness and technical assistance activities: Provided
further, That, in addition, fees may be collected for the costs
of publications, data, data tabulations, and data analysis
completed under title V of the PHS Act and provided to a public
or private entity upon request, which shall be credited to this
appropriation and shall remain available until expended for
such purposes: Provided further, That amounts made available
in this Act for carrying out section 501(o) of the PHS Act
shall remain available through September 30, 2020: Provided
further, That funds made available under this heading may be
used to supplement program support funding provided under the
headings ``Mental Health'', ``Substance Abuse Treatment'', and
``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A
of title XI of the Social Security Act, and section 1013 of the
Medicare Prescription Drug, Improvement, and Modernization Act
of 2003, $338,000,000: Provided, That section 947(c) of the
PHS Act shall not apply in fiscal year 2019: Provided further,
That in addition, amounts received from Freedom of Information
Act fees, reimbursable and interagency agreements, and the sale
of data shall be credited to this appropriation and shall
remain available until September 30, 2020.
Centers for Medicare & Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $276,236,212,000, to remain
available until expended.
For making, after May 31, 2019, payments to States under
title XIX or in the case of section 1928 on behalf of States
under title XIX of the Social Security Act for the last quarter
of fiscal year 2019 for unanticipated costs incurred for the
current fiscal year, such sums as may be necessary.
For making payments to States or in the case of section
1928 on behalf of States under title XIX of the Social Security
Act for the first quarter of fiscal year 2020,
$137,931,797,000, to remain available until expended.
Payment under such title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect during
such quarter, if submitted in or prior to such quarter and
approved in that or any subsequent quarter.
payments to the health care trust funds
For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund, as
provided under sections 217(g), 1844, and 1860D-16 of the
Social Security Act, sections 103(c) and 111(d) of the Social
Security Amendments of 1965, section 278(d)(3) of Public Law
97-248, and for administrative expenses incurred pursuant to
section 201(g) of the Social Security Act, $378,343,800,000.
In addition, for making matching payments under section
1844 and benefit payments under section 1860D-16 of the Social
Security Act that were not anticipated in budget estimates,
such sums as may be necessary.
program management
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII and
XXVII of the PHS Act, the Clinical Laboratory Improvement
Amendments of 1988, and other responsibilities of the Centers
for Medicare & Medicaid Services, not to exceed $3,669,744,000,
to be transferred from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust
Fund, as authorized by section 201(g) of the Social Security
Act; together with all funds collected in accordance with
section 353 of the PHS Act and section 1857(e)(2) of the Social
Security Act, funds retained by the Secretary pursuant to
section 1893(h) of the Social Security Act, and such sums as
may be collected from authorized user fees and the sale of
data, which shall be credited to this account and remain
available until expended: Provided, That all funds derived in
accordance with 31 U.S.C. 9701 from organizations established
under title XIII of the PHS Act shall be credited to and
available for carrying out the purposes of this appropriation:
Provided further, That the Secretary is directed to collect
fees in fiscal year 2019 from Medicare Advantage organizations
pursuant to section 1857(e)(2) of the Social Security Act and
from eligible organizations with risk-sharing contracts under
section 1876 of that Act pursuant to section 1876(k)(4)(D) of
that Act.
health care fraud and abuse control account
In addition to amounts otherwise available for program
integrity and program management, $765,000,000, to remain
available through September 30, 2020, to be transferred from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund, as authorized by
section 201(g) of the Social Security Act, of which
$599,389,000 shall be for the Centers for Medicare & Medicaid
Services program integrity activities, of which $87,230,000
shall be for the Department of Health and Human Services Office
of Inspector General to carry out fraud and abuse activities
authorized by section 1817(k)(3) of such Act, and of which
$78,381,000 shall be for the Department of Justice to carry out
fraud and abuse activities authorized by section 1817(k)(3) of
such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2019
shall include measures of the operational efficiency and impact
on fraud, waste, and abuse in the Medicare, Medicaid, and CHIP
programs for the funds provided by this appropriation:
Provided further, That of the amount provided under this
heading, $311,000,000 is provided to meet the terms of section
251(b)(2)(C)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, and $454,000,000 is additional
new budget authority specified for purposes of section
251(b)(2)(C) of such Act: Provided further, That the Secretary
shall provide not less than $17,621,000 for the Senior Medicare
Patrol program to combat health care fraud and abuse from the
funds provided to this account.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I,
IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960, $2,922,247,000, to remain available until
expended; and for such purposes for the first quarter of fiscal
year 2020, $1,400,000,000, to remain available until expended.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, titles I, IV-D, X, XI, XIV, and
XVI of the Social Security Act and the Act of July 5, 1960, for
the last 3 months of the current fiscal year for unanticipated
costs, incurred for the current fiscal year, such sums as may
be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of
section 2602 of the Low Income Home Energy Assistance Act of
1981, $3,690,304,000: Provided, That all but $716,000,000 of
this amount shall be allocated as though the total
appropriation for such payments for fiscal year 2019 was less
than $1,975,000,000: Provided further, That notwithstanding
section 2609A(a), of the amounts appropriated under section
2602(b), not more than $2,988,000 of such amounts may be
reserved by the Secretary for technical assistance, training,
and monitoring of program activities for compliance with
internal controls, policies and procedures and may, in addition
to the authorities provided in section 2609A(a)(1), use such
funds through contracts with private entities that do not
qualify as nonprofit organizations.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980, and for carrying out section 462 of the
Homeland Security Act of 2002, section 235 of the William
Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008, the Trafficking Victims Protection Act of 2000
(``TVPA''), and the Torture Victims Relief Act of 1998,
$1,905,201,000, of which $1,864,446,000 shall remain available
through September 30, 2021 for carrying out such sections 414,
501, 462, and 235: Provided, That amounts available under this
heading to carry out the TVPA shall also be available for
research and evaluation with respect to activities under such
Act: Provided further, That the limitation in section 205 of
this Act regarding transfers increasing any appropriation shall
apply to transfers to appropriations under this heading by
substituting ``15 percent'' for ``3 percent''.
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant
Act of 1990 (``CCDBG Act''), $5,276,000,000 shall be used to
supplement, not supplant State general revenue funds for child
care assistance for low-income families: Provided, That
technical assistance under section 658I(a)(3) of such Act may
be provided directly, or through the use of contracts, grants,
cooperative agreements, or interagency agreements: Provided
further, That all funds made available to carry out section 418
of the Social Security Act (42 U.S.C. 618), including funds
appropriated for that purpose in such section 418 or any other
provision of law, shall be subject to the reservation of funds
authority in paragraphs (4) and (5) of section 658O(a) of the
CCDBG Act: Provided further, That in addition to the amounts
required to be reserved by the Secretary under section
658O(a)(2)(A) of such Act, $156,780,000 shall be for Indian
tribes and tribal organizations.
social services block grant
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That
notwithstanding subparagraph (B) of section 404(d)(2) of such
Act, the applicable percent specified under such subparagraph
for a State to carry out State programs pursuant to title XX-A
of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Head Start Act, the Every Student
Succeeds Act, the Child Abuse Prevention and Treatment Act,
sections 303 and 313 of the Family Violence Prevention and
Services Act, the Native American Programs Act of 1974, title
II of the Child Abuse Prevention and Treatment and Adoption
Reform Act of 1978 (adoption opportunities), part B-1 of title
IV and sections 429, 473A, 477(i), 1110, 1114A, and 1115 of the
Social Security Act, and the Community Services Block Grant Act
(``CSBG Act''); and for necessary administrative expenses to
carry out titles I, IV, V, X, XI, XIV, XVI, and XX-A of the
Social Security Act, the Act of July 5, 1960, the Low-Income
Home Energy Assistance Act of 1981, the Child Care and
Development Block Grant Act of 1990, the Assets for
Independence Act, title IV of the Immigration and Nationality
Act, and section 501 of the Refugee Education Assistance Act of
1980, $12,239,225,000, of which $75,000,000, to remain
available through September 30, 2020, shall be for grants to
States for adoption and legal guardianship incentive payments,
as defined by section 473A of the Social Security Act and may
be made for adoptions and legal guardianships completed before
September 30, 2019: Provided, That $10,063,095,000 shall be
for making payments under the Head Start Act, of which,
notwithstanding section 640 of such Act:
(1) $150,000,000 shall be available for a cost of
living adjustment, and with respect to any continuing
appropriations act, funding available for a cost of
living adjustment shall not be construed as an
authority or condition under this Act;
(2) $25,000,000 shall be available for allocation
by the Secretary to supplement activities described in
paragraphs (7)(B) and (9) of section 641(c) of the Head
Start Act under the Designation Renewal System,
established under the authority of sections 641(c)(7),
645A(b)(12), and 645A(d) of such Act, and such funds
shall not be included in the calculation of ``base
grant'' in subsequent fiscal years, as such term is
used in section 640(a)(7)(A) of such Act; and
(3) $805,000,000, in addition to funds otherwise
available under such section 640 for such purposes,
shall be available through March 31, 2020, for Early
Head Start programs as described in section 645A of
such Act, for conversion of Head Start services to
Early Head Start services as described in section
645(a)(5)(A) of such Act, for discretionary grants for
high quality infant and toddler care through Early Head
Start-Child Care Partnerships, to entities defined as
eligible under section 645A(d) of such Act, for
training and technical assistance for such activities,
and for up to $16,000,000 in Federal costs of
administration and evaluation:
Provided further, That the Secretary may reduce the
reservation of funds under section 640(a)(2)(C) of such Act in
lieu of reducing the reservation of funds under sections
640(a)(2)(B), 640(a)(2)(D), and 640(a)(2)(E) of such Act:
Provided further, That $250,000,000 shall be available until
December 31, 2019 for carrying out sections 9212 and 9213 of
the Every Student Succeeds Act: Provided further, That up to 3
percent of the funds in the preceding proviso shall be
available for technical assistance and evaluation related to
grants awarded under such section 9212: Provided further, That
$753,883,000 shall be for making payments under the CSBG Act:
Provided further, That $29,233,000 shall be for sections 680
and 678E(b)(2) of the CSBG Act, of which not less than
$19,883,000 shall be for section 680(a)(2) and not less than
$9,000,000 shall be for section 680(a)(3)(B) of such Act:
Provided further, That, notwithstanding section 675C(a)(3) of
such Act, to the extent Community Services Block Grant funds
are distributed as grant funds by a State to an eligible entity
as provided under such Act, and have not been expended by such
entity, they shall remain with such entity for carryover into
the next fiscal year for expenditure by such entity consistent
with program purposes: Provided further, That the Secretary
shall establish procedures regarding the disposition of
intangible assets and program income that permit such assets
acquired with, and program income derived from, grant funds
authorized under section 680 of the CSBG Act to become the sole
property of such grantees after a period of not more than 12
years after the end of the grant period for any activity
consistent with section 680(a)(2)(A) of the CSBG Act: Provided
further, That intangible assets in the form of loans, equity
investments and other debt instruments, and program income may
be used by grantees for any eligible purpose consistent with
section 680(a)(2)(A) of the CSBG Act: Provided further, That
these procedures shall apply to such grant funds made available
after November 29, 1999: Provided further, That funds
appropriated for section 680(a)(2) of the CSBG Act shall be
available for financing construction and rehabilitation and
loans or investments in private business enterprises owned by
community development corporations: Provided further, That
$164,500,000 shall be for carrying out section 303(a) of the
Family Violence Prevention and Services Act, of which
$5,000,000 shall be allocated notwithstanding section 303(a)(2)
of such Act for carrying out section 309 of such Act: Provided
further, That the percentages specified in section 112(a)(2) of
the Child Abuse Prevention and Treatment Act shall not apply to
funds appropriated under this heading: Provided further, That
$1,864,000 shall be for a human services case management system
for federally declared disasters, to include a comprehensive
national case management contract and Federal costs of
administering the system: Provided further, That up to
$2,000,000 shall be for improving the Public Assistance
Reporting Information System, including grants to States to
support data collection for a study of the system's
effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436
of the Social Security Act, $345,000,000 and, for carrying out,
except as otherwise provided, section 437 of such Act,
$99,765,000: Provided, That of the funds available to carry
out section 437, $59,765,000 shall be allocated consistent with
subsections (b) through (d) of such section: Provided further,
That of the funds available to carry out section 437, to assist
in meeting the requirements described in section 471(e)(4)(C),
$20,000,000 shall be for grants to each State, territory, and
Indian tribe operating title IV-E plans for developing,
enhancing, or evaluating kinship navigator programs, as
described in section 427(a)(1) of such Act, and $20,000,000, in
addition to funds otherwise appropriated in section 436 for
such purposes, shall be for competitive grants to regional
partnerships as described in section 437(f): Provided further,
That section 437(b)(1) shall be applied to amounts in the
previous proviso by substituting ``5 percent'' for ``3.3
percent'', and notwithstanding section 436(b)(1), such reserved
amounts may be used for identifying, establishing, and
disseminating practices to meet the criteria specified in
section 471(e)(4)(C): Provided further, That the reservation
in section 437(b)(2) and the limitations in section 437(d)
shall not apply to funds specified in the second proviso:
Provided further, That the minimum grant award for kinship
navigator programs in the case of States and territories shall
be $200,000, and, in the case of tribes, shall be $25,000:
Provided further, That section 437(b)(4) of such Act shall be
applied by substituting ``fiscal year 2019'' for ``fiscal year
2018''.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E
of the Social Security Act, $6,035,000,000.
For carrying out, except as otherwise provided, title IV-E
of the Social Security Act, for the first quarter of fiscal
year 2020, $2,800,000,000.
For carrying out, after May 31 of the current fiscal year,
except as otherwise provided, section 474 of title IV-E of the
Social Security Act, for the last 3 months of the current
fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (``OAA''), the RAISE Family
Caregivers Act, the Supporting Grandparents Raising
Grandchildren Act, titles III and XXIX of the PHS Act, sections
1252 and 1253 of the PHS Act, section 119 of the Medicare
Improvements for Patients and Providers Act of 2008, title XX-B
of the Social Security Act, the Developmental Disabilities
Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D
of title II of the Help America Vote Act of 2002, the Assistive
Technology Act of 1998, titles II and VII (and section 14 with
respect to such titles) of the Rehabilitation Act of 1973, and
for Department-wide coordination of policy and program
activities that assist individuals with disabilities,
$2,120,200,000, together with $49,115,000 to be transferred
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund to carry out section
4360 of the Omnibus Budget Reconciliation Act of 1990:
Provided, That amounts appropriated under this heading may be
used for grants to States under section 361 of the OAA only for
disease prevention and health promotion programs and activities
which have been demonstrated through rigorous evaluation to be
evidence-based and effective: Provided further, That of
amounts made available under this heading to carry out sections
311, 331, and 336 of the OAA, up to one percent of such amounts
shall be available for developing and implementing evidence-
based practices for enhancing senior nutrition: Provided
further, That notwithstanding any other provision of this Act,
funds made available under this heading to carry out section
311 of the OAA may be transferred to the Secretary of
Agriculture in accordance with such section: Provided further,
That $2,000,000 shall be for competitive grants to support
alternative financing programs that provide for the purchase of
assistive technology devices, such as a low-interest loan fund;
an interest buy-down program; a revolving loan fund; a loan
guarantee; or an insurance program: Provided further, That
applicants shall provide an assurance that, and information
describing the manner in which, the alternative financing
program will expand and emphasize consumer choice and control:
Provided further, That State agencies and community-based
disability organizations that are directed by and operated for
individuals with disabilities shall be eligible to compete:
Provided further, That none of the funds made available under
this heading may be used by an eligible system (as defined in
section 102 of the Protection and Advocacy for Individuals with
Mental Illness Act (42 U.S.C. 10802)) to continue to pursue any
legal action in a Federal or State court on behalf of an
individual or group of individuals with a developmental
disability (as defined in section 102(8)(A) of the
Developmental Disabilities and Assistance and Bill of Rights
Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to a
mental impairment (or a combination of mental and physical
impairments), that has as the requested remedy the closure of
State operated intermediate care facilities for people with
intellectual or developmental disabilities, unless reasonable
public notice of the action has been provided to such
individuals (or, in the case of mental incapacitation, the
legal guardians who have been specifically awarded authority by
the courts to make healthcare and residential decisions on
behalf of such individuals) who are affected by such action,
within 90 days of instituting such legal action, which informs
such individuals (or such legal guardians) of their legal
rights and how to exercise such rights consistent with current
Federal Rules of Civil Procedure: Provided further, That the
limitations in the immediately preceding proviso shall not
apply in the case of an individual who is neither competent to
consent nor has a legal guardian, nor shall the proviso apply
in the case of individuals who are a ward of the State or
subject to public guardianship.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and
section 229 of the PHS Act, the United States-Mexico Border
Health Commission Act, and research studies under section 1110
of the Social Security Act, $480,629,000, together with
$64,828,000 from the amounts available under section 241 of the
PHS Act to carry out national health or human services research
and evaluation activities: Provided, That of this amount,
$53,900,000 shall be for minority AIDS prevention and treatment
activities: Provided further, That of the funds made available
under this heading, $101,000,000 shall be for making
competitive contracts and grants to public and private entities
to fund medically accurate and age appropriate programs that
reduce teen pregnancy and for the Federal costs associated with
administering and evaluating such contracts and grants, of
which not more than 10 percent of the available funds shall be
for training and technical assistance, evaluation, outreach,
and additional program support activities, and of the remaining
amount 75 percent shall be for replicating programs that have
been proven effective through rigorous evaluation to reduce
teenage pregnancy, behavioral risk factors underlying teenage
pregnancy, or other associated risk factors, and 25 percent
shall be available for research and demonstration grants to
develop, replicate, refine, and test additional models and
innovative strategies for preventing teenage pregnancy:
Provided further, That of the amounts provided under this
heading from amounts available under section 241 of the PHS
Act, $6,800,000 shall be available to carry out evaluations
(including longitudinal evaluations) of teenage pregnancy
prevention approaches: Provided further, That of the funds
made available under this heading, $35,000,000 shall be for
making competitive grants which exclusively implement education
in sexual risk avoidance (defined as voluntarily refraining
from non-marital sexual activity): Provided further, That
funding for such competitive grants for sexual risk avoidance
shall use medically accurate information referenced to peer-
reviewed publications by educational, scientific, governmental,
or health organizations; implement an evidence-based approach
integrating research findings with practical implementation
that aligns with the needs and desired outcomes for the
intended audience; and teach the benefits associated with self-
regulation, success sequencing for poverty prevention, healthy
relationships, goal setting, and resisting sexual coercion,
dating violence, and other youth risk behaviors such as
underage drinking or illicit drug use without normalizing teen
sexual activity: Provided further, That no more than 10
percent of the funding for such competitive grants for sexual
risk avoidance shall be available for technical assistance and
administrative costs of such programs: Provided further, That
funds provided in this Act for embryo adoption activities may
be used to provide to individuals adopting embryos, through
grants and other mechanisms, medical and administrative
services deemed necessary for such adoptions: Provided
further, That such services shall be provided consistent with
42 CFR 59.5(a)(4).
office of medicare hearings and appeals
For expenses necessary for the Office of Medicare Hearings
and Appeals, $182,381,000 shall remain available until
September 30, 2020, to be transferred in appropriate part from
the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.
office of the national coordinator for health information technology
For expenses necessary for the Office of the National
Coordinator for Health Information Technology, including
grants, contracts, and cooperative agreements for the
development and advancement of interoperable health information
technology, $60,367,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for
investigations, in carrying out the provisions of the Inspector
General Act of 1978, $80,000,000: Provided, That of such
amount, necessary sums shall be available for providing
protective services to the Secretary and investigating non-
payment of child support cases for which non-payment is a
Federal offense under 18 U.S.C. 228.
office for civil rights
For expenses necessary for the Office for Civil Rights,
$38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for
payments under the Retired Serviceman's Family Protection Plan
and Survivor Benefit Plan, and for medical care of dependents
and retired personnel under the Dependents' Medical Care Act,
such amounts as may be required during the current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to
countering potential biological, nuclear, radiological,
chemical, and cybersecurity threats to civilian populations,
and for other public health emergencies, $1,026,458,000, of
which $561,700,000 shall remain available through September 30,
2020, for expenses necessary to support advanced research and
development pursuant to section 319L of the PHS Act and other
administrative expenses of the Biomedical Advanced Research and
Development Authority: Provided, That funds provided under
this heading for the purpose of acquisition of security
countermeasures shall be in addition to any other funds
available for such purpose: Provided further, That products
purchased with funds provided under this heading may, at the
discretion of the Secretary, be deposited in the Strategic
National Stockpile pursuant to section 319F-2 of the PHS Act:
Provided further, That $5,000,000 of the amounts made available
to support emergency operations shall remain available through
September 30, 2021.
For expenses necessary for procuring security
countermeasures (as defined in section 319F-2(c)(1)(B) of the
PHS Act), $735,000,000, to remain available until expended.
For an additional amount for expenses necessary to prepare
for or respond to an influenza pandemic, $260,000,000; of which
$225,000,000 shall be available until expended, for activities
including the development and purchase of vaccine, antivirals,
necessary medical supplies, diagnostics, and other surveillance
tools: Provided, That notwithstanding section 496(b) of the
PHS Act, funds may be used for the construction or renovation
of privately owned facilities for the production of pandemic
influenza vaccines and other biologics, if the Secretary finds
such construction or renovation necessary to secure sufficient
supplies of such vaccines or biologics.
General Provisions
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception and
representation expenses when specifically approved by the
Secretary.
Sec. 202. None of the funds appropriated in this title
shall be used to pay the salary of an individual, through a
grant or other extramural mechanism, at a rate in excess of
Executive Level II.
Sec. 203. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the PHS Act, except for
funds specifically provided for in this Act, or for other taps
and assessments made by any office located in HHS, prior to the
preparation and submission of a report by the Secretary to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the planned uses of such funds.
Sec. 204. Notwithstanding section 241(a) of the PHS Act,
such portion as the Secretary shall determine, but not more
than 2.5 percent, of any amounts appropriated for programs
authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the
implementation and effectiveness of programs funded in this
title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the current
fiscal year for HHS in this Act may be transferred between
appropriations, but no such appropriation shall be increased by
more than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall not be used to
create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided further,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer.
Sec. 206. In lieu of the timeframe specified in section
338E(c)(2) of the PHS Act, terminations described in such
section may occur up to 60 days after the execution of a
contract awarded in fiscal year 2019 under section 338B of such
Act.
Sec. 207. None of the funds appropriated in this Act may
be made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary
that it encourages family participation in the decision of
minors to seek family planning services and that it provides
counseling to minors on how to resist attempts to coerce minors
into engaging in sexual activities.
Sec. 208. Notwithstanding any other provision of law, no
provider of services under title X of the PHS Act shall be
exempt from any State law requiring notification or the
reporting of child abuse, child molestation, sexual abuse,
rape, or incest.
Sec. 209. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used to
carry out the Medicare Advantage program if the Secretary
denies participation in such program to an otherwise eligible
entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide, pay
for, provide coverage of, or provide referrals for abortions:
Provided, That the Secretary shall make appropriate prospective
adjustments to the capitation payment to such an entity (based
on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided
further, That nothing in this section shall be construed to
change the Medicare program's coverage for such services and a
Medicare Advantage organization described in this section shall
be responsible for informing enrollees where to obtain
information about all Medicare covered services.
Sec. 210. None of the funds made available in this title
may be used, in whole or in part, to advocate or promote gun
control.
Sec. 211. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency for
International Development, the United Nations International
Children's Emergency Fund or the World Health Organization.
Sec. 212. In order for HHS to carry out international
health activities, including HIV/AIDS and other infectious
disease, chronic and environmental disease, and other health
activities abroad during fiscal year 2019:
(1) The Secretary may exercise authority equivalent
to that available to the Secretary of State in section
2(c) of the State Department Basic Authorities Act of
1956. The Secretary shall consult with the Secretary of
State and relevant Chief of Mission to ensure that the
authority provided in this section is exercised in a
manner consistent with section 207 of the Foreign
Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such
funds by advance or reimbursement to the Secretary of
State as may be necessary to pay the costs of
acquisition, lease, alteration, renovation, and
management of facilities outside of the United States
for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS
has secure, safe, functional facilities that comply
with applicable regulation governing location, setback,
and other facilities requirements and serve the
purposes established by this Act. The Secretary is
authorized, in consultation with the Secretary of
State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions
or agencies in participating foreign countries, funds
to acquire, lease, alter, or renovate facilities in
those countries as necessary to conduct programs of
assistance for international health activities,
including activities relating to HIV/AIDS and other
infectious diseases, chronic and environmental
diseases, and other health activities abroad.
(3) The Secretary is authorized to provide to
personnel appointed or assigned by the Secretary to
serve abroad, allowances and benefits similar to those
provided under chapter 9 of title I of the Foreign
Service Act of 1980, and 22 U.S.C. 4081 through 4086
and subject to such regulations prescribed by the
Secretary. The Secretary is further authorized to
provide locality-based comparability payments (stated
as a percentage) up to the amount of the locality-based
comparability payment (stated as a percentage) that
would be payable to such personnel under section 5304
of title 5, United States Code if such personnel's
official duty station were in the District of Columbia.
Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under
subchapter I of chapter 63 of title 5, United States
Code, or section 903 of the Foreign Service Act of
1980, to individuals serving in the Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the
Director of the Office of AIDS Research, may transfer up to 3
percent among institutes and centers from the total amounts
identified by these two Directors as funding for research
pertaining to the human immunodeficiency virus: Provided, That
the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for
NIH, the amount for research related to the human
immunodeficiency virus, as jointly determined by the Director
of NIH and the Director of the Office of AIDS Research, shall
be made available to the ``Office of AIDS Research'' account.
The Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3)
of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other
provision of law, the Director of NIH (``Director'') may use
funds authorized under section 402(b)(12) of the PHS Act to
enter into transactions (other than contracts, cooperative
agreements, or grants) to carry out research identified
pursuant to or research and activities described in such
section 402(b)(12).
(b) Peer Review.--In entering into transactions under
subsection (a), the Director may utilize such peer review
procedures (including consultation with appropriate scientific
experts) as the Director determines to be appropriate to obtain
assessments of scientific and technical merit. Such procedures
shall apply to such transactions in lieu of the peer review and
advisory council review procedures that would otherwise be
required under sections 301(a)(3), 405(b)(1)(B), 405(b)(2),
406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 216. Not to exceed $45,000,000 of funds appropriated
by this Act to the institutes and centers of the National
Institutes of Health may be used for alteration, repair, or
improvement of facilities, as necessary for the proper and
efficient conduct of the activities authorized herein, at not
to exceed $3,500,000 per project.
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service
Awards (``NRSA'') shall be made available to the Administrator
of the Health Resources and Services Administration to make
NRSA awards for research in primary medical care to individuals
affiliated with entities who have received grants or contracts
under sections 736, 739, or 747 of the PHS Act, and 1 percent
of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and
Quality to make NRSA awards for health service research.
Sec. 218. (a) The Biomedical Advanced Research and
Development Authority (``BARDA'') may enter into a contract,
for more than one but no more than 10 program years, for
purchase of research services or of security countermeasures,
as that term is defined in section 319F-2(c)(1)(B) of the PHS
Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or
for the first fiscal year in which the contract
is in effect; and
(B) for the estimated costs associated with
a necessary termination of the contract; and
(2) the Secretary determines that a multi-year
contract will serve the best interests of the Federal
Government by encouraging full and open competition or
promoting economy in administration, performance, and
operation of BARDA's programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described
by subsection (c) of section 3903 of title 41, United
States Code; and
(2) shall be subject to the congressional notice
requirement stated in subsection (d) of such section.
Sec. 219. (a) The Secretary shall publish in the fiscal
year 2020 budget justification and on Departmental Web sites
information concerning the employment of full-time equivalent
Federal employees or contractors for the purposes of
implementing, administering, enforcing, or otherwise carrying
out the provisions of the ACA, and the amendments made by that
Act, in the proposed fiscal year and each fiscal year since the
enactment of the ACA.
(b) With respect to employees or contractors supported by
all funds appropriated for purposes of carrying out the ACA
(and the amendments made by that Act), the Secretary shall
include, at a minimum, the following information:
(1) For each such fiscal year, the section of such
Act under which such funds were appropriated, a
statement indicating the program, project, or activity
receiving such funds, the Federal operating division or
office that administers such program, and the amount of
funding received in discretionary or mandatory
appropriations.
(2) For each such fiscal year, the number of full-
time equivalent employees or contracted employees
assigned to each authorized and funded provision
detailed in accordance with paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who--
(1) are supported through appropriations enacted in
laws other than the ACA and work on programs that
existed prior to the passage of the ACA;
(2) spend less than 50 percent of their time on
activities funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is
not a requirement of their contract, such as fixed-
price contracts.
Sec. 220. The Secretary shall publish, as part of the
fiscal year 2020 budget of the President submitted under
section 1105(a) of title 31, United States Code, information
that details the uses of all funds used by the Centers for
Medicare & Medicaid Services specifically for Health Insurance
Exchanges for each fiscal year since the enactment of the ACA
and the proposed uses for such funds for fiscal year 2020. Such
information shall include, for each such fiscal year, the
amount of funds used for each activity specified under the
heading ``Health Insurance Exchange Transparency'' in the joint
explanatory statement accompanying this Act.
Sec. 221. None of the funds made available by this Act
from the Federal Hospital Insurance Trust Fund or the Federal
Supplemental Medical Insurance Trust Fund, or transferred from
other accounts funded by this Act to the ``Centers for Medicare
& Medicaid Services--Program Management'' account, may be used
for payments under section 1342(b)(1) of Public Law 111-148
(relating to risk corridors).
(transfer of funds)
Sec. 222. (a) Within 45 days of enactment of this Act, the
Secretary shall transfer funds appropriated under section 4002
of the ACA to the accounts specified, in the amounts specified,
and for the activities specified under the heading ``Prevention
and Public Health Fund'' in the joint explanatory statement
accompanying this Act.
(b) Notwithstanding section 4002(c) of the ACA, the
Secretary may not further transfer these amounts.
(c) Funds transferred for activities authorized under
section 2821 of the PHS Act shall be made available without
reference to section 2821(b) of such Act.
Sec. 223. Effective during the period beginning on
November 1, 2015 and ending January 1, 2021, any provision of
law that refers (including through cross-reference to another
provision of law) to the current recommendations of the United
States Preventive Services Task Force with respect to breast
cancer screening, mammography, and prevention shall be
administered by the Secretary involved as if--
(1) such reference to such current recommendations
were a reference to the recommendations of such Task
Force with respect to breast cancer screening,
mammography, and prevention last issued before 2009;
and
(2) such recommendations last issued before 2009
applied to any screening mammography modality under
section 1861(jj) of the Social Security Act (42 U.S.C.
1395x(jj)).
Sec. 224. In making Federal financial assistance, the
provisions relating to indirect costs in part 75 of title 45,
Code of Federal Regulations, including with respect to the
approval of deviations from negotiated rates, shall continue to
apply to the National Institutes of Health to the same extent
and in the same manner as such provisions were applied in the
third quarter of fiscal year 2017. None of the funds
appropriated in this or prior Acts or otherwise made available
to the Department of Health and Human Services or to any
department or agency may be used to develop or implement a
modified approach to such provisions, or to intentionally or
substantially expand the fiscal effect of the approval of such
deviations from negotiated rates beyond the proportional effect
of such approvals in such quarter.
(transfer of funds)
Sec. 225. The NIH Director may transfer funds specifically
appropriated for opioid addiction, opioid alternatives, pain
management, and addiction treatment to other Institutes and
Centers of the NIH to be used for the same purpose 15 days
after notifying the Committees on Appropriations: Provided,
That the transfer authority provided in the previous proviso is
in addition to any other transfer authority provided by law.
Sec. 226. (a) The Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the
Senate:
(1) Detailed monthly enrollment figures from the
Exchanges established under the Patient Protection and
Affordable Care Act of 2010 pertaining to enrollments
during the open enrollment period; and
(2) Notification of any new or competitive grant
awards, including supplements, authorized under section
330 of the Public Health Service Act.
(b) The Committees on Appropriations of the House and
Senate must be notified at least 2 business days in advance of
any public release of enrollment information or the award of
such grants.
Sec. 227. In addition to the amounts otherwise available
for ``Centers for Medicare & Medicaid Services, Program
Management'', the Secretary of Health and Human Services may
transfer up to $305,000,000 to such account from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund to support program management
activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used to
support any provision of Public Law 111-148 or Public Law 111-
152 (or any amendment made by either such Public Law) or to
supplant any other amounts within such account.
(rescission)
Sec. 228. Of the unobligated balances available in the
``Nonrecurring Expenses Fund'' established in section 223 of
division G of Public Law 110-161, $400,000,000 are hereby
rescinded.
Sec. 229. Not later than the 15th day of each month, the
Department of Health and Human Services shall provide the
Committees on Appropriations of the House of Representatives
and Senate a report on staffing described in the joint
explanatory statement accompanying this Act.
Sec. 230. Funds appropriated in this Act that are
available for salaries and expenses of employees of the
Department of Health and Human Services shall also be available
to pay travel and related expenses of such an employee or of a
member of his or her family, when such employee is assigned to
duty, in the United States or in a U.S. territory, during a
period and in a location that are the subject of a
determination of a public health emergency under section 319 of
the Public Health Service Act and such travel is necessary to
obtain medical care for an illness, injury, or medical
condition that cannot be adequately addressed in that location
at that time. For purposes of this section, the term ``U.S.
territory'' means Guam, the Commonwealth of Puerto Rico, the
Northern Mariana Islands, the Virgin Islands, American Samoa,
or the Trust Territory of the Pacific Islands.
(including transfer of funds)
Sec. 231. There is established in the Treasury a reserve
fund to be known as the ``Infectious Diseases Rapid Response
Reserve Fund'' (the ``Reserve Fund''): Provided, That of the
funds provided under the heading ``CDC-Wide Activities and
Program Support'', $50,000,000, to remain available until
expended, shall be available to the Director of the CDC for
deposit in the Reserve Fund: Provided further, That amounts in
the Reserve Fund shall be for carrying out titles II, III, and
XVII of the PHS Act to prevent, prepare for, or respond to an
infectious disease emergency, including, in connection with
such activities, to purchase or lease and provide for the
insurance of passenger motor vehicles for official use in
foreign countries: Provided further, That amounts in the
Reserve Fund may only be provided for an infectious disease
emergency if the infectious disease emergency (1) is declared
by the Secretary of Health and Human Services under section 319
of the PHS Act to be a public health emergency; or (2) as
determined by the Secretary, has significant potential to
imminently occur and potential, on occurrence, to affect
national security or the health and security of United States
citizens, domestically or internationally: Provided further,
That amounts in the Reserve Fund may be transferred by the
Director of the CDC to other accounts of the CDC, to accounts
of the NIH, or to the Public Health and Social Services
Emergency Fund, to be merged with such accounts or Fund for the
purposes provided in this section: Provided further, That the
Committees on Appropriations of the House of Representatives
and the Senate shall be notified in advance of any transfer or
obligation made under the authority provided in this section,
including notification on the anticipated uses of such funds by
program, project, or activity: Provided further, That not
later than 15 days after notification of the planned use of the
Reserve Fund, the Director shall provide a detailed spend plan
of anticipated uses of funds, including estimated personnel and
administrative costs, to the Committees on Appropriations of
the House of Representatives and the Senate: Provided further,
That such plans shall be updated and submitted every 90 days
thereafter until funds have been fully expended which should
include the unobligated balances in the Reserve Fund and all
the actual obligations incurred to date: Provided further,
That amounts in the Reserve Fund shall be in addition to
amounts otherwise available to the Department of Health and
Human Services for the purposes provided in this section:
Provided further, That the transfer authorities in this section
are in addition to any transfer authority otherwise available
to the Department of Health and Human Services: Provided
further, That products purchased using amounts in the Reserve
Fund may, at the discretion of the Secretary of Health and
Human Services, be deposited in the Strategic National
Stockpile under section 319F-2 of the PHS Act: Provided
further, That this section shall be in effect as of the date of
the enactment of this Act through each fiscal year hereafter.
Sec. 232. The Department of Health and Human Services may
accept donations from the private sector, nongovernmental
organizations, and other groups independent of the Federal
Government for the care of unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of
2002 (6 U.S.C. 279(g)(2))) in the care of the Office of Refugee
Resettlement of the Administration for Children and Families,
including medical goods and services, school supplies, toys,
clothing, and any other items intended to promote the wellbeing
of such children.
Sec. 233. The Secretary shall submit to the Congress by
November 15, 2018, a plan to promptly facilitate the
reunification of children separated from their parents and
placed in the custody of the Office of Refugee Resettlement
(``ORR''), including the reunification of children with parents
who are no longer in the United States: Provided, That such
plan shall include possible children of potential class members
in the class-action lawsuit Ms. L v. ICE, as identified in the
Joint Status Report filed on September 6, 2018: Provided
further, That such plan shall describe the activities the
Administration has undertaken to locate parents who are no
longer in the United States and to reunify those parents with
their children, including (1) the process for tracking children
and parents, (2) the process for coordinating interagency
responsibilities for communication, location, and reunification
of such parents, and (3) the number of parents that the
Administration has been unable to contact: Provided further,
That such plan shall provide detailed information on how many
parents have been determined to be ineligible for reunification
and the reasons for those determinations: Provided further,
That such plan shall identify the number of children in ORR
custody whose parents were deported that (1) have been
reunified with their parents, (2) have been released into the
custody of a family member other than a parent, (3) have been
released into the custody of a sponsor who is not a family
member, and (4) are still in ORR custody: Provided further,
That such plan shall provide detailed information regarding the
procedures the Administration follows when child sexual abuse
is alleged at facilities operated by ORR contractors: Provided
further, That such plan shall include an estimate of
expenditures in fiscal year 2018 and an estimate of anticipated
expenditures in fiscal year 2019 related to housing children
who were separated from their parents at the border as well as
activities to reunify such children with their parents:
Provided further, That if such plan is not submitted by the
deadline identified above, the Department of Health and Human
Services may not, until such a plan has been submitted to the
Congress, obligate funds from the Fund established by section
223 of title II of division G of Public Law 110-161, except to
obligate funds for projects identified in the joint explanatory
statement accompanying this Act.
Sec. 234. None of the funds made available by this Act may
be used to prevent a Member of the United States Congress from
entering, for the purpose of conducting oversight, any facility
in the United States, used for purposes of maintaining custody
of or otherwise housing unaccompanied alien children (as
defined in section 462(g)(2) of the Homeland Security Act of
2002 (6 U.S.C. 279(g)(2))).
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2019''.
TITLE III
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title
II of the Elementary and Secondary Education Act of 1965
(referred to in this Act as ``ESEA'') and section 418A of the
Higher Education Act of 1965 (referred to in this Act as
``HEA''), $16,543,790,000, of which $5,625,990,000 shall become
available on July 1, 2019, and shall remain available through
September 30, 2020, and of which $10,841,177,000 shall become
available on October 1, 2019, and shall remain available
through September 30, 2020, for academic year 2019-2020:
Provided, That $6,459,401,000 shall be for basic grants under
section 1124 of the ESEA: Provided further, That up to
$5,000,000 of these funds shall be available to the Secretary
of Education (referred to in this title as ``Secretary'') on
October 1, 2018, to obtain annually updated local educational
agency-level census poverty data from the Bureau of the Census:
Provided further, That $1,362,301,000 shall be for
concentration grants under section 1124A of the ESEA: Provided
further, That $4,019,050,000 shall be for targeted grants under
section 1125 of the ESEA: Provided further, That
$4,019,050,000 shall be for education finance incentive grants
under section 1125A of the ESEA: Provided further, That
$217,000,000 shall be for carrying out subpart 2 of part B of
title II: Provided further, That $44,623,000 shall be for
carrying out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VII of the ESEA,
$1,446,112,000, of which $1,301,242,000 shall be for basic
support payments under section 7003(b), $48,316,000 shall be
for payments for children with disabilities under section
7003(d), $17,406,000, to remain available for obligation
through September 30, 2020, shall be for construction under
section 7007(b), $74,313,000 shall be for Federal property
payments under section 7002, and $4,835,000, to remain
available until expended, shall be for facilities maintenance
under section 7008: Provided, That for purposes of computing
the amount of a payment for an eligible local educational
agency under section 7003(a) for school year 2018-2019,
children enrolled in a school of such agency that would
otherwise be eligible for payment under section 7003(a)(1)(B)
of such Act, but due to the deployment of both parents or legal
guardians, or a parent or legal guardian having sole custody of
such children, or due to the death of a military parent or
legal guardian while on active duty (so long as such children
reside on Federal property as described in section
7003(a)(1)(B)), are no longer eligible under such section,
shall be considered as eligible students under such section,
provided such students remain in average daily attendance at a
school in the same local educational agency they attended prior
to their change in eligibility status.
School Improvement Programs
For carrying out school improvement activities authorized
by part B of title I, part A of title II, subpart 1 of part A
of title IV, part B of title IV, part B of title V, and parts B
and C of title VI of the ESEA; the McKinney-Vento Homeless
Assistance Act; section 203 of the Educational Technical
Assistance Act of 2002; the Compact of Free Association
Amendments Act of 2003; and the Civil Rights Act of 1964,
$5,246,967,000, of which $3,418,402,000 shall become available
on July 1, 2019, and remain available through September 30,
2020, and of which $1,681,441,000 shall become available on
October 1, 2019, and shall remain available through September
30, 2020, for academic year 2019-2020: Provided, That
$378,000,000 shall be for part B of title I: Provided further,
That $1,221,673,000 shall be for part B of title IV: Provided
further, That $36,397,000 shall be for part B of title VI and
may be used for construction, renovation, and modernization of
any elementary school, secondary school, or structure related
to an elementary school or secondary school, run by the
Department of Education of the State of Hawaii, that serves a
predominantly Native Hawaiian student body: Provided further,
That $35,453,000 shall be for part C of title VI and shall be
awarded on a competitive basis, and also may be used for
construction: Provided further, That $52,000,000 shall be
available to carry out section 203 of the Educational Technical
Assistance Act of 2002 and the Secretary shall make such
arrangements as determined to be necessary to ensure that the
Bureau of Indian Education has access to services provided
under this section: Provided further, That $16,699,000 shall
be available to carry out the Supplemental Education Grants
program for the Federated States of Micronesia and the Republic
of the Marshall Islands: Provided further, That the Secretary
may reserve up to 5 percent of the amount referred to in the
previous proviso to provide technical assistance in the
implementation of these grants: Provided further, That
$180,840,000 shall be for part B of title V: Provided further,
That $1,170,000,000 shall be available for grants under subpart
1 of part A of title IV.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VI, part A of the ESEA, $180,239,000,
of which $67,993,000 shall be for subpart 2 of part A of title
VI and $6,865,000 shall be for subpart 3 of part A of title VI.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and
4 of part B of title II, and parts C, D, and E and subparts 1
and 4 of part F of title IV of the ESEA, $1,035,556,000:
Provided, That $279,815,000 shall be for subparts 1, 3 and 4 of
part B of title II and shall be made available without regard
to sections 2201, 2231(b) and 2241: Provided further, That
$625,741,000 shall be for parts C, D, and E and subpart 4 of
part F of title IV, and shall be made available without regard
to sections 4311, 4409(a), and 4601 of the ESEA: Provided
further, That section 4303(d)(3)(A)(i) shall not apply to the
funds available for part C of title IV: Provided further, That
of the funds available for part C of title IV, the Secretary
shall use $55,000,000 to carry out section 4304, of which not
more than $10,000,000 shall be available to carry out section
4304(k), $135,000,000, to remain available through March 31,
2020, to carry out section 4305(b), and not more than
$15,000,000 to carry out the activities in section 4305(a)(3):
Provided further, That notwithstanding section 4601(b),
$130,000,000 shall be available through December 31, 2019 for
subpart 1 of part F of title IV.
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3
of part F of title IV of the ESEA, $190,754,000: Provided,
That $95,000,000 shall be available for section 4631, of which
up to $5,000,000, to remain available until expended, shall be
for the Project School Emergency Response to Violence (Project
SERV) program: Provided further, That $17,500,000 shall be
available for section 4625: Provided further, That $78,254,000
shall be available through December 31, 2019, for section 4624.
English Language Acquisition
For carrying out part A of title III of the ESEA,
$737,400,000, which shall become available on July 1, 2019, and
shall remain available through September 30, 2020, except that
6.5 percent of such amount shall be available on October 1,
2018, and shall remain available through September 30, 2020, to
carry out activities under section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities
Education Act (IDEA) and the Special Olympics Sport and
Empowerment Act of 2004, $13,468,728,000, of which
$3,942,129,000 shall become available on July 1, 2019, and
shall remain available through September 30, 2020, and of which
$9,283,383,000 shall become available on October 1, 2019, and
shall remain available through September 30, 2020, for academic
year 2019-2020: Provided, That the amount for section
611(b)(2) of the IDEA shall be equal to the lesser of the
amount available for that activity during fiscal year 2018,
increased by the amount of inflation as specified in section
619(d)(2)(B) of the IDEA, or the percent change in the funds
appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2018:
Provided further, That the Secretary shall, without regard to
section 611(d) of the IDEA, distribute to all other States (as
that term is defined in section 611(g)(2)), subject to the
third proviso, any amount by which a State's allocation under
section 611, from funds appropriated under this heading, is
reduced under section 612(a)(18)(B), according to the
following: 85 percent on the basis of the States' relative
populations of children aged 3 through 21 who are of the same
age as children with disabilities for whom the State ensures
the availability of a free appropriate public education under
this part, and 15 percent to States on the basis of the States'
relative populations of those children who are living in
poverty: Provided further, That the Secretary may not
distribute any funds under the previous proviso to any State
whose reduction in allocation from funds appropriated under
this heading made funds available for such a distribution:
Provided further, That the States shall allocate such funds
distributed under the second proviso to local educational
agencies in accordance with section 611(f): Provided further,
That the amount by which a State's allocation under section
611(d) of the IDEA is reduced under section 612(a)(18)(B) and
the amounts distributed to States under the previous provisos
in fiscal year 2012 or any subsequent year shall not be
considered in calculating the awards under section 611(d) for
fiscal year 2013 or for any subsequent fiscal years: Provided
further, That, notwithstanding the provision in section
612(a)(18)(B) regarding the fiscal year in which a State's
allocation under section 611(d) is reduced for failure to
comply with the requirement of section 612(a)(18)(A), the
Secretary may apply the reduction specified in section
612(a)(18)(B) over a period of consecutive fiscal years, not to
exceed five, until the entire reduction is applied: Provided
further, That the Secretary may, in any fiscal year in which a
State's allocation under section 611 is reduced in accordance
with section 612(a)(18)(B), reduce the amount a State may
reserve under section 611(e)(1) by an amount that bears the
same relation to the maximum amount described in that paragraph
as the reduction under section 612(a)(18)(B) bears to the total
allocation the State would have received in that fiscal year
under section 611(d) in the absence of the reduction: Provided
further, That the Secretary shall either reduce the allocation
of funds under section 611 for any fiscal year following the
fiscal year for which the State fails to comply with the
requirement of section 612(a)(18)(A) as authorized by section
612(a)(18)(B), or seek to recover funds under section 452 of
the General Education Provisions Act (20 U.S.C. 1234a):
Provided further, That the funds reserved under 611(c) of the
IDEA may be used to provide technical assistance to States to
improve the capacity of the States to meet the data collection
requirements of sections 616 and 618 and to administer and
carry out other services and activities to improve data
collection, coordination, quality, and use under parts B and C
of the IDEA: Provided further, That the Secretary may use
funds made available for the State Personnel Development Grants
program under part D, subpart 1 of IDEA to evaluate program
performance under such subpart.
Rehabilitation Services
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center
Act, $3,657,189,000, of which $3,521,990,000 shall be for
grants for vocational rehabilitation services under title I of
the Rehabilitation Act: Provided, That the Secretary may use
amounts provided in this Act that remain available subsequent
to the reallotment of funds to States pursuant to section
110(b) of the Rehabilitation Act for innovative activities
aimed at improving the outcomes of individuals with
disabilities as defined in section 7(20)(B) of the
Rehabilitation Act, including activities aimed at improving the
education and post-school outcomes of children receiving
Supplemental Security Income (``SSI'') and their families that
may result in long-term improvement in the SSI child
recipient's economic status and self-sufficiency: Provided
further, That States may award subgrants for a portion of the
funds to other public and private, nonprofit entities:
Provided further, That any funds made available subsequent to
reallotment for innovative activities aimed at improving the
outcomes of individuals with disabilities shall remain
available until September 30, 2020.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to promote the Education of the
Blind of March 3, 1879, $30,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under
titles I and II of the Education of the Deaf Act of 1986,
$77,500,000: Provided, That from the total amount available,
the Institute may at its discretion use funds for the endowment
program as authorized under section 207 of such Act.
gallaudet university
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of
Gallaudet University under titles I and II of the Education of
the Deaf Act of 1986, $134,361,000: Provided, That from the
total amount available, the University may at its discretion
use funds for the endowment program as authorized under section
207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006 and
the Adult Education and Family Literacy Act (``AEFLA''),
$1,925,686,000, of which $1,134,686,000 shall become available
on July 1, 2019, and shall remain available through September
30, 2020, and of which $791,000,000 shall become available on
October 1, 2019, and shall remain available through September
30, 2020: Provided, That of the amounts made available for
AEFLA, $13,712,000 shall be for national leadership activities
under section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part
C of title IV of the HEA, $24,445,352,000, which shall remain
available through September 30, 2020.
The maximum Pell Grant for which a student shall be
eligible during award year 2019-2020 shall be $5,135.
Student Aid Administration
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 9, and 10 of part A, and parts B,
C, D, and E of title IV of the HEA, and subpart 1 of part A of
title VII of the Public Health Service Act, $1,678,943,000, to
remain available through September 30, 2020: Provided, That
the Secretary shall allocate new student loan borrower accounts
to eligible student loan servicers on the basis of their
performance compared to all loan servicers utilizing
established common metrics, and on the basis of the capacity of
each servicer to process new and existing accounts: Provided
further, That for student loan contracts awarded prior to
October 1, 2017, the Secretary shall allow student loan
borrowers who are consolidating Federal student loans to select
from any student loan servicer to service their new
consolidated student loan: Provided further, That in order to
promote accountability and high-quality service to borrowers,
the Secretary shall not award funding for any contract
solicitation for a new Federal student loan servicing
environment, including the solicitation for the FSA Next
Generation Processing and Servicing Environment as amended by
the Department of Education on February 20, 2018, unless such
an environment provides for the participation of multiple
student loan servicers that contract directly with the
Department of Education to manage a unique portfolio of
borrower accounts and the full life-cycle of loans from
disbursement to pay-off with certain limited exceptions, and
allocates student loan borrower accounts to eligible student
loan servicers based on performance: Provided further, That
such servicers described in the previous proviso shall be
evaluated based on their ability to meet contract requirements,
future performance on the contracts, and history of compliance
with applicable consumer protections laws: Provided further,
That to the extent Federal Student Aid (FSA) permits student
loan servicing subcontracting, FSA shall hold prime contractors
accountable for meeting the requirements of the contract, and
the performance and expectations of subcontractors shall be
accounted for in the prime contract and in the overall
performance of the prime contractor: Provided further, That
FSA shall ensure that the Next Generation Processing and
Servicing Environment contracts incentivize more support to
borrowers at risk of being distressed: Provided further, That
the Secretary shall provide quarterly briefings to the
Committees on Appropriations and Education and the Workforce of
the House of Representatives and the Committees on
Appropriations and Health, Education, Labor, and Pensions of
the Senate on general progress related to solicitations for
Federal student loan servicing contracts.
Higher Education
For carrying out, to the extent not otherwise provided,
titles II, III, IV, V, VI, and VII of the HEA, the Mutual
Educational and Cultural Exchange Act of 1961, and section 117
of the Carl D. Perkins Career and Technical Education Act of
2006, $2,312,356,000: Provided, That notwithstanding any other
provision of law, funds made available in this Act to carry out
title VI of the HEA and section 102(b)(6) of the Mutual
Educational and Cultural Exchange Act of 1961 may be used to
support visits and study in foreign countries by individuals
who are participating in advanced foreign language training and
international studies in areas that are vital to United States
national security and who plan to apply their language skills
and knowledge of these countries in the fields of government,
the professions, or international development: Provided
further, That of the funds referred to in the preceding proviso
up to 1 percent may be used for program evaluation, national
outreach, and information dissemination activities: Provided
further, That up to 1.5 percent of the funds made available
under chapter 2 of subpart 2 of part A of title IV of the HEA
may be used for evaluation.
Howard University
For partial support of Howard University, $236,518,000, of
which not less than $3,405,000 shall be for a matching
endowment grant pursuant to the Howard University Endowment Act
and shall remain available until expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of
the HEA, $435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as
authorized pursuant to part D of title III of the HEA, which
shall remain available through September 30, 2020: Provided,
That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That these funds are available
to subsidize total loan principal, any part of which is to be
guaranteed, not to exceed $580,000,000: Provided further, That
these funds may be used to support loans to public and private
Historically Black Colleges and Universities without regard to
the limitations within section 344(a) of the HEA.
In addition, $20,000,000 shall be made available to provide
for the deferment of loans made under part D of title III of
the HEA to eligible institutions that are private Historically
Black Colleges and Universities, which apply for the deferment
of such a loan and demonstrate financial need for such
deferment by having a score of 2.6 or less on the Department of
Education's financial responsibility test: Provided, That
during the period of deferment of such a loan, interest on the
loan will not accrue or be capitalized, and the period of
deferment shall be for at least a period of 3-fiscal years and
not more than 6-fiscal years: Provided further, That funds
available under this paragraph shall be used to fund eligible
deferment requests submitted for this purpose in fiscal year
2018: Provided further, That the Secretary shall create and
execute an outreach plan to work with States and the Capital
Financing Advisory Board to improve outreach to States and help
additional public Historically Black Colleges and Universities
participate in the program.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing
Program entered into pursuant to part D of title III of the
HEA, $334,000.
Institute of Education Sciences
For carrying out activities authorized by the Education
Sciences Reform Act of 2002, the National Assessment of
Educational Progress Authorization Act, section 208 of the
Educational Technical Assistance Act of 2002, and section 664
of the Individuals with Disabilities Education Act,
$615,462,000, which shall remain available through September
30, 2020: Provided, That funds available to carry out section
208 of the Educational Technical Assistance Act may be used to
link Statewide elementary and secondary data systems with early
childhood, postsecondary, and workforce data systems, or to
further develop such systems: Provided further, That up to
$6,000,000 of the funds available to carry out section 208 of
the Educational Technical Assistance Act may be used for awards
to public or private organizations or agencies to support
activities to improve data coordination, quality, and use at
the local, State, and national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of
conference rooms in the District of Columbia and hire of three
passenger motor vehicles, $430,000,000: Provided, That,
notwithstanding any other provision of law, none of the funds
provided by this Act or provided by previous Appropriations
Acts to the Department of Education available for obligation or
expenditure in the current fiscal year may be used for any
activity relating to implementing a reorganization that
decentralizes, reduces the staffing level, or alters the
responsibilities, structure, authority, or functionality of the
Budget Service of the Department of Education, relative to the
organization and operation of the Budget Service as in effect
on January 1, 2018.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education
Organization Act, $125,000,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $61,143,000.
General Provisions
Sec. 301. No funds appropriated in this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
(transfer of funds)
Sec. 302. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985) which are appropriated for the Department
of Education in this Act may be transferred between
appropriations, but no such appropriation shall be increased by
more than 3 percent by any such transfer: Provided, That the
transfer authority granted by this section shall not be used to
create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided further,
That the Committees on Appropriations of the House of
Representatives and the Senate are notified at least 15 days in
advance of any transfer.
Sec. 303. Section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C.
1921d(f)(1)(B)(ix)) shall be applied by substituting ``2019''
for ``2009''.
Sec. 304. Funds appropriated in this Act and consolidated
for evaluation purposes under section 8601(c) of the ESEA shall
be available from July 1, 2019, through September 30, 2020.
Sec. 305. (a) An institution of higher education that
maintains an endowment fund supported with funds appropriated
for title III or V of the HEA for fiscal year 2019 may use the
income from that fund to award scholarships to students,
subject to the limitation in section 331(c)(3)(B)(i) of the
HEA. The use of such income for such purposes, prior to the
enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) Subsection (a) shall be in effect until titles III and
V of the HEA are reauthorized.
Sec. 306. Section 114(f) of the HEA (20 U.S.C. 1011c(f))
is amended by striking ``2018'' and inserting ``2019''.
Sec. 307. Section 458(a) of the HEA (20 U.S.C. 1087h(a))
is amended in paragraph (4) by striking ``2018'' and inserting
``2019''.
Sec. 308. Funds appropriated in this Act under the heading
``Student Aid Administration'' may be available for payments
for student loan servicing to an institution of higher
education that services outstanding Federal Perkins Loans under
part E of title IV of the Higher Education Act of 1965 (20
U.S.C. 1087aa et seq.).
Sec. 309. (a) Section 455(f) of the Higher Education Act of
1965 (20 U.S.C. 1087e(f)) is amended--
(1) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Deferment for borrowers receiving cancer
treatment.--
``(A) Effect on principal and interest.--A
borrower of a loan made under this part who
meets the requirements of subparagraph (B)
shall be eligible for a deferment, during which
periodic installments of principal need not be
paid, and interest shall not accrue.
``(B) Eligibility.--A borrower of a loan
made under this part shall be eligible for a
deferment during--
``(i) any period in which such
borrower is receiving treatment for
cancer; and
``(ii) the 6 months after such
period.
``(C) Applicability.--This paragraph shall
apply with respect to loans--
``(i) made on or after the date of
the enactment of this paragraph; or
``(ii) in repayment on the date of
the enactment of this paragraph.''.
(b) Section 427(a)(2)(C) of the Higher Education Act of
1965 (20 U.S.C. 1077(a)(2)(C)) is amended--
(1) in clause (ii), by striking ``; or'' and
inserting a semicolon;
(2) in clause (iii), by inserting ``or'' after the
semicolon; and
(3) by inserting after clause (iii) the following:
``(iv) in which the borrower is
receiving treatment for cancer and the
6 months after such period.''.
(c) Section 428(b)(1)(M) of the Higher Education Act of
1965 (20 U.S.C. 1078(b)(1)(M)) is amended--
(1) in clause (iii), by striking ``or (II); or''
and inserting a ``or (II);'';
(2) in clause (iv), by inserting ``or'' after the
semicolon; and
(3) by adding at the end the following:
``(v) during which the borrower is
receiving treatment for cancer and the
6 months after such period;''.
(d) Section 464(c)(2) of the Higher Education Act of 1965
(20 U.S.C. 1087dd(c)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (iv), by striking ``; or''
and inserting a semicolon;
(B) in clause (v), by inserting ``or''
after the semicolon; and
(C) by inserting after clause (v) the
following:
``(vi) during which the borrower is
receiving treatment for cancer and the 6 months
after such period;''.
(e) Section 428H(e)(2) of the Higher Education Act of 1965
(20 U.S.C. 1078-8(e)(2)) is amended--
(1) in subparagraph (A), by striking ``Interest''
and inserting, ``Except as provided in subparagraph
(C), interest''; and
(2) by adding at the end the following:
``(C) Interest shall not accrue on a loan deferred
under section 428(b)(1)(M)(v) or 427(a)(2)(C)(iv).''.
(f) The amendments made by this Act shall apply with
respect to loans--
(1) made on or after the date of the enactment of
this Act; or
(2) in repayment on the date of the enactment of
this Act.
(rescission)
Sec. 310. Of the unobligated balances available under the
heading ``Student Financial Assistance'' for carrying out
subpart 1 of part A of title IV of the HEA, $600,000,000 are
hereby rescinded.
(rescission)
Sec. 311. Section 401(b)(7)(A)(iv)(IX) of the Higher
Education Act of 1965 (20 U.S.C. 1070a(b)(7)(A)(iv)(IX)) is
amended by striking ``$1,409,000,000'' and inserting
``$1,370,000,000''.
Sec. 312. (a) An institution of higher education may, with
explicit written consent of an applicant who has completed a
FAFSA under such section 483(a), provide such information
collected from the applicant's FAFSA as is necessary to a
scholarship granting organization, including a tribal
organization (defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)),
or to an organization assisting the applicant in applying for
and receiving Federal, State, local, or tribal assistance, that
is designated by the applicant to assist the applicant in
applying for and receiving financial assistance for any
component of the applicant's cost of attendance (defined in
section 472 of the HEA) at that institution.
(b) An organization that receives information pursuant to
subsection (a) shall not sell or otherwise share such
information.
(c) This section shall be in effect until title IV of the
HEA is reauthorized.
Sec. 313. For an additional amount for ``Department of
Education--Federal Direct Student Loan Program Account'',
$350,000,000, to remain available until expended, shall be for
the cost, as defined under section 502 of the Congressional
Budget Act of 1974, of the Secretary of Education providing
loan cancellation in the same manner as under section 455(m) of
the Higher Education Act of 1965 (20 U.S.C. 1087e(m)), for
borrowers of loans made under part D of title IV of such Act
who would qualify for loan cancellation under section 455(m)
except some, or all, of the 120 required payments under section
455(m)(1)(A) do not qualify for purposes of the program because
they were monthly payments made in accordance with graduated or
extended repayment plans as described under subparagraph (B) or
(C) of section 455(d)(1) or the corresponding repayment plan
for a consolidation loan made under section 455(g) and that
were less than the amount calculated under section
455(d)(1)(A), based on a 10-year repayment period: Provided,
That the monthly payment made 12 months before the borrower
applied for loan cancellation as described in the matter
preceding this proviso and the most recent monthly payment made
by the borrower at the time of such application were each not
less than the monthly amount that would be calculated under,
and for which the borrower would otherwise qualify for, clause
(i) or (iv) of section 455(m)(1)(A) regarding income-based or
income-contingent repayment plans, with exception for a
borrower who would have otherwise been eligible under this
section but demonstrates an unusual fluctuation of income over
the past 5 years: Provided further, That the total loan
volume, including outstanding principal, fees, capitalized
interest, or accrued interest, at application that is eligible
for such loan cancellation by such borrowers shall not exceed
$500,000,000: Provided further, That the Secretary shall
develop and make available a simple method for borrowers to
apply for loan cancellation under this section within 60 days
of enactment of this Act: Provided further, That the Secretary
shall provide loan cancellation under this section to eligible
borrowers on a first-come, first-serve basis, based on the date
of application and subject to both the limitation on total loan
volume at application for such loan cancellation specified in
the second proviso and the availability of appropriations under
this section: Provided further, That no borrower may, for the
same service, receive a reduction of loan obligations under
both this section and section 428J, 428K, 428L, or 460 of such
Act.
Sec. 314. Of the amounts made available under this title
under the heading ``Student Aid Administration'', $2,300,000
shall be used by the Secretary of Education to conduct outreach
to borrowers of loans made under part D of title IV of the
Higher Education Act of 1965 who may intend to qualify for loan
cancellation under section 455(m) of such Act (20 U.S.C.
1087e(m)), to ensure that borrowers are meeting the terms and
conditions of such loan cancellation: Provided, That the
Secretary shall specifically conduct outreach to assist
borrowers who would qualify for loan cancellation under section
455(m) of such Act except that the borrower has made some, or
all, of the 120 required payments under a repayment plan that
is not described under section 455(m)(A) of such Act, to
encourage borrowers to enroll in a qualifying repayment plan:
Provided further, That the Secretary shall also communicate to
all Direct Loan borrowers the full requirements of section
455(m) of such Act and improve the filing of employment
certification by providing improved outreach and information
such as outbound calls, electronic communications, ensuring
prominent access to program requirements and benefits on each
servicer's website, and creating an option for all borrowers to
complete the entire payment certification process
electronically and on a centralized website.
Sec. 315. (a) For any local educational agency that for
fiscal year 2018, had an enrollment of eligible Federally
connected children that was at least 35 percent of the agency's
total student enrollment and a per-pupil expenditure that was
less than the average per-pupil expenditure of the State or of
all the States, and was determined ineligible to receive a
payment under section 7003(b)(2)(A) of the Elementary and
Secondary Education Act of 1965 for failing to meet the average
tax rate requirement for general fund purposes in section
7003(b)(2)(B)(i)(V)(bb), and whose calculated payment amount
under section 7003(b) for the three years following fiscal year
2019 is less than 80 percent of the amount received for fiscal
year 2019, the Secretary shall pay the local educational agency
for the following three years not less than 90 percent of the
total amount the local educational agency received under
section 7003(b)(2) for fiscal year 2017 if such local
educational agency--
(1) previously received a payment under section
7003(b)(2)(A) but did not receive a payment under
section 7003(b)(2)(B)(ii) (or any predecessor of such
provision) for each of fiscal years 2015 through 2017;
and
(2) was considered a local educational agency
described in section 7003(b)(2)(B)(i)(V) (or any
predecessor of such provision) for each such fiscal
year.
(b) For fiscal year 2020 and succeeding fiscal years, if a
local educational agency described in subsection (a) is
eligible to receive a basic support payment pursuant to section
7003(b)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7703(b)(2)), the payment received by the local
educational agency shall be calculated under section 7003(b)(2)
of such Act and not under subsection (a).
This title may be cited as the ``Department of Education
Appropriations Act, 2019''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled (referred to in this
title as ``the Committee'') established under section 8502 of
title 41, United States Code, $8,250,000: Provided, That in
order to authorize any central nonprofit agency designated
pursuant to section 8503(c) of title 41, United States Code, to
perform requirements of the Committee as prescribed under
section 51-3.2 of title 41, Code of Federal Regulations, the
Committee shall enter into a written agreement with any such
central nonprofit agency: Provided further, That such
agreement shall contain such auditing, oversight, and reporting
provisions as necessary to implement chapter 85 of title 41,
United States Code: Provided further, That such agreement
shall include the elements listed under the heading ``Committee
For Purchase From People Who Are Blind or Severely Disabled--
Written Agreement Elements'' in the explanatory statement
described in section 4 of Public Law 114-113 (in the matter
preceding division A of that consolidated Act): Provided
further, That any such central nonprofit agency may not charge
a fee under section 51-3.5 of title 41, Code of Federal
Regulations, prior to executing a written agreement with the
Committee: Provided further, That no less than $1,250,000
shall be available for the Office of Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to
carry out the Domestic Volunteer Service Act of 1973 (referred
to in this title as ``1973 Act'') and the National and
Community Service Act of 1990 (referred to in this title as
``1990 Act''), $786,629,000, notwithstanding sections
198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 1990
Act: Provided, That of the amounts provided under this
heading: (1) up to 1 percent of program grant funds may be used
to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic
management of the grants cycle; (2) $17,538,000 shall be
available to provide assistance to State commissions on
national and community service, under section 126(a) of the
1990 Act and notwithstanding section 501(a)(5)(B) of the 1990
Act; (3) $32,000,000 shall be available to carry out subtitle E
of the 1990 Act; and (4) $5,400,000 shall be available for
expenses authorized under section 501(a)(4)(F) of the 1990 Act,
which, notwithstanding the provisions of section 198P shall be
awarded by CNCS on a competitive basis: Provided further, That
for the purposes of carrying out the 1990 Act, satisfying the
requirements in section 122(c)(1)(D) may include a
determination of need by the local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $206,842,000, to remain
available until expended: Provided, That CNCS may transfer
additional funds from the amount provided within ``Operating
Expenses'' allocated to grants under subtitle C of title I of
the 1990 Act to the National Service Trust upon determination
that such transfer is necessary to support the activities of
national service participants and after notice is transmitted
to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That amounts
appropriated for or transferred to the National Service Trust
may be invested under section 145(b) of the 1990 Act without
regard to the requirement to apportion funds under 31 U.S.C.
1513(b).
salaries and expenses
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of
the 1973 Act, including payment of salaries, authorized travel,
hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, the employment of experts
and consultants authorized under 5 U.S.C. 3109, and not to
exceed $2,500 for official reception and representation
expenses, $83,737,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, $5,750,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to
program requirements, service delivery or policy only through
public notice and comment rulemaking. For fiscal year 2019,
during any grant selection process, an officer or employee of
CNCS shall not knowingly disclose any covered grant selection
information regarding such selection, directly or indirectly,
to any person other than an officer or employee of CNCS that is
authorized by CNCS to receive such information.
Sec. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that they
receive AmeriCorps funding, and thereafter shall meet the
overall minimum share requirement as provided in section
2521.60 of title 45, Code of Federal Regulations, without
regard to the operating costs match requirement in section
121(e) or the member support Federal share limitations in
section 140 of the 1990 Act, and subject to partial waiver
consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and operations
under titles I and II of the 1973 Act or subtitle B, C, D, or E
of title I of the 1990 Act shall be used to supplement and not
supplant current programs and operations.
Sec. 404. In addition to the requirements in section
146(a) of the 1990 Act, use of an educational award for the
purpose described in section 148(a)(4) shall be limited to
individuals who are veterans as defined under section 101 of
the Act.
Sec. 405. For the purpose of carrying out section 189D of
the 1990 Act--
(1) entities described in paragraph (a) of such
section shall be considered ``qualified entities''
under section 3 of the National Child Protection Act of
1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community
Service established pursuant to section 178 of the 1990
Act, are authorized to receive criminal history record
information, consistent with Public Law 92-544.
Sec. 406. Notwithstanding sections 139(b), 146 and 147 of
the 1990 Act, an individual who successfully completes a term
of service of not less than 1,200 hours during a period of not
more than one year may receive a national service education
award having a value of 70 percent of the value of a national
service education award determined under section 147(a) of the
Act.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting
(``CPB''), as authorized by the Communications Act of 1934, an
amount which shall be available within limitations specified by
that Act, for the fiscal year 2021, $445,000,000: Provided,
That none of the funds made available to CPB by this Act shall
be used to pay for receptions, parties, or similar forms of
entertainment for Government officials or employees: Provided
further, That none of the funds made available to CPB by this
Act shall be available or used to aid or support any program or
activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race,
color, national origin, religion, or sex: Provided further,
That none of the funds made available to CPB by this Act shall
be used to apply any political test or qualification in
selecting, appointing, promoting, or taking any other personnel
action with respect to officers, agents, and employees of CPB:
Provided further, That none of the funds made available to CPB
by this Act shall be used to support the Television Future Fund
or any similar purpose.
In addition, for the costs associated with replacing and
upgrading the public broadcasting interconnection system and
other technologies and services that create infrastructure and
efficiencies within the public media system, $20,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and
Conciliation Service (``Service'') to carry out the functions
vested in it by the Labor-Management Relations Act, 1947,
including hire of passenger motor vehicles; for expenses
necessary for the Labor-Management Cooperation Act of 1978; and
for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act,
$46,650,000, including up to $900,000 to remain available
through September 30, 2020, for activities authorized by the
Labor-Management Cooperation Act of 1978: Provided, That
notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost
recovery, for special training activities and other conflict
resolution services and technical assistance, including those
provided to foreign governments and international
organizations, and for arbitration services shall be credited
to and merged with this account, and shall remain available
until expended: Provided further, That fees for arbitration
services shall be available only for education, training, and
professional development of the agency workforce: Provided
further, That the Director of the Service is authorized to
accept and use on behalf of the United States gifts of services
and real, personal, or other property in the aid of any
projects or functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and
Health Review Commission, $17,184,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $242,000,000.
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the
Social Security Act, $8,480,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the
Social Security Act, $12,545,000, to be transferred to this
appropriation from the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation Act
of 1973, $3,250,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, and other laws, $274,224,000:
Provided, That no part of this appropriation shall be available
to organize or assist in organizing agricultural laborers or
used in connection with investigations, hearings, directives,
or orders concerning bargaining units composed of agricultural
laborers as referred to in section 2(3) of the Act of July 5,
1935, and as amended by the Labor-Management Relations Act,
1947, and as defined in section 3(f) of the Act of June 25,
1938, and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and
waterways when maintained or operated on a mutual, nonprofit
basis and at least 95 percent of the water stored or supplied
thereby is used for farming purposes.
administrative provisions
Sec. 407. None of the funds provided by this Act or
previous Acts making appropriations for the National Labor
Relations Board may be used to issue any new administrative
directive or regulation that would provide employees any means
of voting through any electronic means in an election to
determine a representative for the purposes of collective
bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the
Railway Labor Act, including emergency boards appointed by the
President, $13,800,000.
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and
Health Review Commission, $13,225,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $19,000,000, which shall include amounts becoming
available in fiscal year 2019 pursuant to section 224(c)(1)(B)
of Public Law 98-76; and in addition, an amount, not to exceed
2 percent of the amount provided herein, shall be available
proportional to the amount by which the product of recipients
and the average benefit received exceeds the amount available
for payment of vested dual benefits: Provided, That the total
amount provided herein shall be credited in 12 approximately
equal amounts on the first day of each month in the fiscal
year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2020, which shall be the
maximum amount available for payment pursuant to section 417 of
Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board
(``Board'') for administration of the Railroad Retirement Act
and the Railroad Unemployment Insurance Act, $123,500,000, to
be derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the
railroad unemployment insurance administration fund: Provided,
That notwithstanding section 7(b)(9) of the Railroad Retirement
Act this limitation may be used to hire attorneys only through
the excepted service: Provided further, That the previous
proviso shall not change the status under Federal employment
laws of any attorney hired by the Railroad Retirement Board
prior to January 1, 2013: Provided further, That $10,000,000,
to remain available until expended, shall be used to
supplement, not supplant, existing resources devoted to
operations and improvements for the Board's Information
Technology Investment Initiatives.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, not more than
$11,000,000, to be derived from the railroad retirement
accounts and railroad unemployment insurance account.
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund, as
provided under sections 201(m) and 1131(b)(2) of the Social
Security Act, $11,000,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section 201(g)(1)
of the Social Security Act, $41,366,203,000, to remain
available until expended: Provided, That any portion of the
funds provided to a State in the current fiscal year and not
obligated by the State during that year shall be returned to
the Treasury: Provided further, That not more than
$101,000,000 shall be available for research and demonstrations
under sections 1110, 1115, and 1144 of the Social Security Act,
and remain available through September 30, 2021.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the current
fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2020,
$19,700,000,000, to remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $20,000 for official
reception and representation expenses, not more than
$12,741,945,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to in such section: Provided, That
not less than $2,400,000 shall be for the Social Security
Advisory Board: Provided further, That $45,000,000 shall
remain available until expended for information technology
modernization, including related hardware and software
infrastructure and equipment, and for administrative expenses
directly associated with information technology modernization:
Provided further, That $100,000,000 shall remain available
through September 30, 2020, for activities to address the
disability hearings backlog within the Office of Hearings
Operations: Provided further, That unobligated balances of
funds provided under this paragraph at the end of fiscal year
2019 not needed for fiscal year 2019 shall remain available
until expended to invest in the Social Security Administration
information technology and telecommunications hardware and
software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure:
Provided further, That the Commissioner of Social Security
shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated
balances available under the authority in the previous proviso:
Provided further, That reimbursement to the trust funds under
this heading for expenditures for official time for employees
of the Social Security Administration pursuant to 5 U.S.C.
7131, and for facilities or support services for labor
organizations pursuant to policies, regulations, or procedures
referred to in section 7135(b) of such title shall be made by
the Secretary of the Treasury, with interest, from amounts in
the general fund not otherwise appropriated, as soon as
possible after such expenditures are made.
Of the total amount made available in the first paragraph
under this heading, not more than $1,683,000,000, to remain
available through March 31, 2020, is for the costs associated
with continuing disability reviews under titles II and XVI of
the Social Security Act, including work-related continuing
disability reviews to determine whether earnings derived from
services demonstrate an individual's ability to engage in
substantial gainful activity, for the cost associated with
conducting redeterminations of eligibility under title XVI of
the Social Security Act, for the cost of co-operative
disability investigation units, and for the cost associated
with the prosecution of fraud in the programs and operations of
the Social Security Administration by Special Assistant United
States Attorneys: Provided, That, of such amount, $273,000,000
is provided to meet the terms of section 251(b)(2)(B)(ii)(III)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended, and $1,410,000,000 is additional new budget
authority specified for purposes of section 251(b)(2)(B) of
such Act: Provided further, That, of the additional new budget
authority described in the preceding proviso, up to $10,000,000
may be transferred to the ``Office of Inspector General'',
Social Security Administration, for the cost of jointly
operated co-operative disability investigation units: Provided
further, That such transfer authority is in addition to any
other transfer authority provided by law: Provided further,
That the Commissioner shall provide to the Congress (at the
conclusion of the fiscal year) a report on the obligation and
expenditure of these funds, similar to the reports that were
required by section 103(d)(2) of Public Law 104-121 for fiscal
years 1996 through 2002.
In addition, $134,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended. To the extent that the amounts
collected pursuant to such sections in fiscal year 2019 exceed
$134,000,000, the amounts shall be available in fiscal year
2020 only to the extent provided in advance in appropriations
Acts.
In addition, up to $1,000,000 to be derived from fees
collected pursuant to section 303(c) of the Social Security
Protection Act, which shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $30,000,000, together with not to exceed $75,500,000, to
be transferred and expended as authorized by section 201(g)(1)
of the Social Security Act from the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be available
for the time and purposes for which this account is available:
Provided, That notice of such transfers shall be transmitted
promptly to the Committees on Appropriations of the House of
Representatives and the Senate at least 15 days in advance of
any transfer.
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act. Such transferred
balances shall be used for the same purpose, and for the same
periods of time, for which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act or transferred pursuant to section 4002 of Public Law
111-148 shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or use
of any kit, pamphlet, booklet, publication, electronic
communication, radio, television, or video presentation
designed to support or defeat the enactment of legislation
before the Congress or any State or local legislature or
legislative body, except in presentation to the Congress or any
State or local legislature itself, or designed to support or
defeat any proposed or pending regulation, administrative
action, or order issued by the executive branch of any State or
local government, except in presentation to the executive
branch of any State or local government itself.
(b) No part of any appropriation contained in this Act or
transferred pursuant to section 4002 of Public Law 111-148
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient, related
to any activity designed to influence the enactment of
legislation, appropriations, regulation, administrative action,
or Executive order proposed or pending before the Congress or
any State government, State legislature or local legislature or
legislative body, other than for normal and recognized
executive-legislative relationships or participation by an
agency or officer of a State, local or tribal government in
policymaking and administrative processes within the executive
branch of that government.
(c) The prohibitions in subsections (a) and (b) shall
include any activity to advocate or promote any proposed,
pending or future Federal, State or local tax increase, or any
proposed, pending, or future requirement or restriction on any
legal consumer product, including its sale or marketing,
including but not limited to the advocacy or promotion of gun
control.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and $20,000,
respectively, from funds available for salaries and expenses
under titles I and III, respectively, for official reception
and representation expenses; the Director of the Federal
Mediation and Conciliation Service is authorized to make
available for official reception and representation expenses
not to exceed $5,000 from the funds available for ``Federal
Mediation and Conciliation Service, Salaries and Expenses'';
and the Chairman of the National Mediation Board is authorized
to make available for official reception and representation
expenses not to exceed $5,000 from funds available for
``National Mediation Board, Salaries and Expenses''.
Sec. 505. When issuing statements, press releases,
requests for proposals, bid solicitations and other documents
describing projects or programs funded in whole or in part with
Federal money, all grantees receiving Federal funds included in
this Act, including but not limited to State and local
governments and recipients of Federal research grants, shall
clearly state--
(1) the percentage of the total costs of the
program or project which will be financed with Federal
money;
(2) the dollar amount of Federal funds for the
project or program; and
(3) percentage and dollar amount of the total costs
of the project or program that will be financed by non-
governmental sources.
Sec. 506. (a) None of the funds appropriated in this Act,
and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated in
this Act, shall be expended for health benefits coverage that
includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
Sec. 507. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of
rape or incest; or
(2) in the case where a woman suffers from a
physical disorder, physical injury, or physical
illness, including a life-endangering physical
condition caused by or arising from the pregnancy
itself, that would, as certified by a physician, place
the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than a
State's or locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State or
local government, if such agency, program, or government
subjects any institutional or individual health care entity to
discrimination on the basis that the health care entity does
not provide, pay for, provide coverage of, or refer for
abortions.
(2) In this subsection, the term ``health care entity''
includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization, a
health maintenance organization, a health insurance plan, or
any other kind of health care facility, organization, or plan.
Sec. 508. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for
research purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research
on fetuses in utero under 45 CFR 46.204(b) and section
498(b) of the Public Health Service Act (42 U.S.C.
289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the
schedules of controlled substances established under section
202 of the Controlled Substances Act except for normal and
recognized executive-congressional communications.
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act providing for, or providing
for the assignment of, a unique health identifier for an
individual (except in an individual's capacity as an employer
or a health care provider), until legislation is enacted
specifically approving the standard.
Sec. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if--
(1) such entity is otherwise a contractor with the
United States and is subject to the requirement in 38
U.S.C. 4212(d) regarding submission of an annual report
to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as
required by that section for the most recent year for
which such requirement was applicable to such entity.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the certifications
required by paragraph (4) of such section.
Sec. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2019, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for
any project or activity for which funds have been
denied or restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or
activities presently performed by Federal employees;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in advance
of such reprogramming or of an announcement of intent relating
to such reprogramming, whichever occurs earlier, and are
notified in writing 10 days in advance of such reprogramming.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in
fiscal year 2019, or provided from any accounts in the Treasury
of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds in excess of $500,000 or 10 percent, whichever is
less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or
(3) results from any general savings from a
reduction in personnel which would result in a change
in existing programs, activities, or projects as
approved by Congress;
unless the Committees on Appropriations of the House of
Representatives and the Senate are consulted 15 days in advance
of such reprogramming or of an announcement of intent relating
to such reprogramming, whichever occurs earlier, and are
notified in writing 10 days in advance of such reprogramming.
Sec. 515. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political
affiliation or voting history of the candidate or the position
that the candidate holds with respect to political issues not
directly related to and necessary for the work of the committee
involved.
(b) None of the funds made available in this Act may be
used to disseminate information that is deliberately false or
misleading.
Sec. 516. Within 45 days of enactment of this Act, each
department and related agency funded through this Act shall
submit an operating plan that details at the program, project,
and activity level any funding allocations for fiscal year 2019
that are different than those specified in this Act, the
accompanying detailed table in the joint explanatory statement
accompanying this Act or the fiscal year 2019 budget request.
Sec. 517. The Secretaries of Labor, Health and Human
Services, and Education shall each prepare and submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the number and amount of contracts,
grants, and cooperative agreements exceeding $500,000 in value
and awarded by the Department on a non-competitive basis during
each quarter of fiscal year 2019, but not to include grants
awarded on a formula basis or directed by law. Such report
shall include the name of the contractor or grantee, the amount
of funding, the governmental purpose, including a justification
for issuing the award on a non-competitive basis. Such report
shall be transmitted to the Committees within 30 days after the
end of the quarter for which the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social
Security, for purposes of administering Social Security benefit
payments under title II of the Social Security Act, to process
any claim for credit for a quarter of coverage based on work
performed under a social security account number that is not
the claimant's number and the performance of such work under
such number has formed the basis for a conviction of the
claimant of a violation of section 208(a)(6) or (7) of the
Social Security Act.
Sec. 519. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees of
the Social Security Administration to administer Social
Security benefit payments, under any agreement between the
United States and Mexico establishing totalization arrangements
between the social security system established by title II of
the Social Security Act and the social security system of
Mexico, which would not otherwise be payable but for such
agreement.
Sec. 520. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 521. None of the funds made available under this or
any other Act, or any prior Appropriations Act, may be provided
to the Association of Community Organizations for Reform Now
(ACORN), or any of its affiliates, subsidiaries, allied
organizations, or successors.
Sec. 522. For purposes of carrying out Executive Order
13589, Office of Management and Budget Memorandum M-12-12 dated
May 11, 2012, and requirements contained in the annual
appropriations bills relating to conference attendance and
expenditures:
(1) the operating divisions of HHS shall be
considered independent agencies; and
(2) attendance at and support for scientific
conferences shall be tabulated separately from and not
included in agency totals.
Sec. 523. Federal agencies funded under this Act shall
clearly state within the text, audio, or video used for
advertising or educational purposes, including emails or
Internet postings, that the communication is printed,
published, or produced and disseminated at U.S. taxpayer
expense. The funds used by a Federal agency to carry out this
requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the
programs and activities of the agency.
Sec. 524. (a) Federal agencies may use Federal
discretionary funds that are made available in this Act to
carry out up to 10 Performance Partnership Pilots. Such Pilots
shall be governed by the provisions of section 526 of division
H of Public Law 113-76, except that in carrying out such Pilots
section 526 shall be applied by substituting ``Fiscal Year
2019'' for ``Fiscal Year 2014'' in the title of subsection (b)
and by substituting ``September 30, 2023'' for ``September 30,
2018'' each place it appears: Provided, That such pilots shall
include communities that have experienced civil unrest.
(b) In addition, Federal agencies may use Federal
discretionary funds that are made available in this Act to
participate in Performance Partnership Pilots that are being
carried out pursuant to the authority provided by section 526
of division H of Public Law 113-76, section 524 of division G
of Public Law 113-235, section 525 of division H of Public Law
114-113, section 525 of division H of Public Law 115-31, and
section 525 of division H of Public Law 115-141.
(c) Pilot sites selected under authorities in this Act and
prior appropriations Acts may be granted by relevant agencies
up to an additional 5 years to operate under such authorities.
Sec. 525. Not later than 30 days after the end of each
calendar quarter, beginning with the first month of fiscal year
2019, the Departments of Labor, Health and Human Services and
Education and the Social Security Administration shall provide
the Committees on Appropriations of the House of
Representatives and Senate a report on the status of balances
of appropriations: Provided, That for balances that are
unobligated and uncommitted, committed, and obligated but
unexpended, the monthly reports shall separately identify the
amounts attributable to each source year of appropriation
(beginning with fiscal year 2012, or, to the extent feasible,
earlier fiscal years) from which balances were derived.
(rescission)
Sec. 526. Of the unobligated balances available in the
``National Service Trust'' established in section 102 of the
National and Community Service Trust Act of 1993, $150,000,000
are hereby rescinded.
(rescission)
Sec. 527. Of any available amounts appropriated under
section 2104(a)(22) of the Social Security Act (42 U.S.C.
1397dd) that are unobligated as of September 25, 2019,
$2,061,000,000 are hereby rescinded as of such date.
Sec. 528. Amounts deposited in the Child Enrollment
Contingency Fund prior to the beginning of fiscal year 2019
under section 2104(n)(2) of the Social Security Act and the
income derived from investment of those funds pursuant to
section 2104(n)(2)(C) of that Act, shall not be available for
obligation in this fiscal year.
Sec. 529. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to purchase
sterile needles or syringes for the hypodermic injection of any
illegal drug: Provided, That such limitation does not apply to
the use of funds for elements of a program other than making
such purchases if the relevant State or local health
department, in consultation with the Centers for Disease
Control and Prevention, determines that the State or local
jurisdiction, as applicable, is experiencing, or is at risk
for, a significant increase in hepatitis infections or an HIV
outbreak due to injection drug use, and such program is
operating in accordance with State and local law.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2019''.
DIVISION C--CONTINUING APPROPRIATIONS ACT, 2019
The following sums are hereby appropriated, out of any
money in the Treasury not otherwise appropriated, and out of
applicable corporate or other revenues, receipts, and funds,
for the several departments, agencies, corporations, and other
organizational units of Government for fiscal year 2019, and
for other purposes, namely:
Sec. 101. Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts
for fiscal year 2018 and under the authority and conditions
provided in such Acts, for continuing projects or activities
(including the costs of direct loans and loan guarantees) that
are not otherwise specifically provided for in this Act, that
were conducted in fiscal year 2018, and for which
appropriations, funds, or other authority were made available
in the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies
Appropriations Act, 2018 (division A of Public Law 115-
141), except section 783.
(2) The Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2018 (division B of Public
Law 115-141).
(3) The Energy and Water Development and Related
Agencies Appropriations Act, 2018 (division D of Public
Law 115-141).
(4) The Financial Services and General Government
Appropriations Act, 2018 (division E of Public Law 115-
31).
(5) The Department of Homeland Security
Appropriations Act, 2018 (division F of Public Law 115-
141) and title II of division M of Public Law 115-141.
(6) The Department of the Interior, Environment,
and Related Agencies Appropriations Act, 2018 (division
G of Public Law 115-141), except section 114, except
for appropriations in the matter preceding the first
proviso under the heading ``Dwight D. Eisenhower
Memorial Commission--Capital Construction'', and except
that the language in section 118 shall be applied as if
the language read as follows: ``Section 6906 of title
31, United States Code, shall continue in effect for
this fiscal year''.
(7) The Legislative Branch Appropriations Act, 2018
(division I of Public Law 115-141) and section 7(a) of
Public Law 115-141.
(8) The Military Construction, Veterans Affairs,
and Related Agencies Appropriations Act, 2018 (division
J of Public Law 115-141), except section 243.
(9) The Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2018 (division
K of Public Law 115-141).
(10) The Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act,
2018 (division L of Public Law 115-141).
Sec. 102. Appropriations made by section 101 shall be
available to the extent and in the manner that would be
provided by the pertinent appropriations Act.
Sec. 103. No appropriation or funds made available or
authority granted pursuant to section 101 shall be used to
initiate or resume any project or activity for which
appropriations, funds, or other authority were not available
during fiscal year 2018.
Sec. 104. Appropriations made and authority granted
pursuant to this Act shall cover all obligations or
expenditures incurred for any project or activity during the
period for which funds or authority for such project or
activity are available under this Act.
Sec. 105. Unless otherwise provided for in this Act or in
the applicable appropriations Act for fiscal year 2019,
appropriations and funds made available and authority granted
pursuant to this Act shall be available until whichever of the
following first occurs:
(1) the enactment into law of an appropriation for
any project or activity provided for in this Act;
(2) the enactment into law of the applicable
appropriations Act for fiscal year 2019 without any
provision for such project or activity; or
(3) December 7, 2018.
Sec. 106. Expenditures made pursuant to this Act shall be
charged to the applicable appropriation, fund, or authorization
whenever a bill in which such applicable appropriation, fund,
or authorization is contained is enacted into law.
Sec. 107. Appropriations made and funds made available by
or authority granted pursuant to this Act may be used without
regard to the time limitations for submission and approval of
apportionments set forth in section 1513 of title 31, United
States Code, but nothing in this Act may be construed to waive
any other provision of law governing the apportionment of
funds.
Sec. 108. Notwithstanding any other provision of this Act,
except section 105, for those programs that would otherwise
have high initial rates of operation or complete distribution
of appropriations at the beginning of fiscal year 2019 because
of distributions of funding to States, foreign countries,
grantees, or others, such high initial rates of operation or
complete distribution shall not be made, and no grants shall be
awarded for such programs funded by this Act that would impinge
on final funding prerogatives.
Sec. 109. This Act shall be implemented so that only the
most limited funding action of that permitted in the Act shall
be taken in order to provide for continuation of projects and
activities.
Sec. 110. (a) For entitlements and other mandatory payments
whose budget authority was provided in appropriations Acts for
fiscal year 2018, and for activities under the Food and
Nutrition Act of 2008, activities shall be continued at the
rate to maintain program levels under current law, under the
authority and conditions provided in the applicable
appropriations Act for fiscal year 2018, to be continued
through the date specified in section 105(3).
(b) Notwithstanding section 105, obligations for mandatory
payments due on or about the first day of any month that begins
after October 2018 but not later than 30 days after the date
specified in section 105(3) may continue to be made, and funds
shall be available for such payments.
Sec. 111. Amounts made available under section 101 for
civilian personnel compensation and benefits in each department
and agency may be apportioned up to the rate for operations
necessary to avoid furloughs within such department or agency,
consistent with the applicable appropriations Act for fiscal
year 2018, except that such authority provided under this
section shall not be used until after the department or agency
has taken all necessary actions to reduce or defer non-
personnel-related administrative expenses.
Sec. 112. Funds appropriated by this Act may be obligated
and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
(22 U.S.C. 6212), and section 504(a)(1) of the National
Security Act of 1947 (50 U.S.C. 3094(a)(1)).
Sec. 113. (a) Each amount incorporated by reference in this
Act that was previously designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism or as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985 or as
being for disaster relief pursuant to section 251(b)(2)(D) of
such Act is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism or as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act or as
being for disaster relief pursuant to section 251(b)(2)(D) of
such Act, respectively.
(b) Section 6 of Public Law 115-141 shall apply to amounts
designated in subsection (a) for Overseas Contingency
Operations/Global War on Terrorism or as an emergency
requirement.
Sec. 114. Amounts made available by section 101 for
``Department of Agriculture--Food and Nutrition Service--Child
Nutrition Programs'' to carry out section 749(g) of the
Agriculture Appropriations Act of 2010 (Public Law 111-80) may
be apportioned up to the rate for operations necessary to
ensure that the program can be fully operational by May, 2019.
Sec. 115. Notwithstanding section 101, amounts are
available in the ``Rural Utilities Service--Rural Water and
Waste Disposal Program Account'' of the Department of
Agriculture for gross obligations for the principal amount of
direct loans as authorized by section 306 of the Consolidated
Farm and Rural Development Act not to exceed $4,141,176,000.
Sec. 116. Amounts provided by section 110 to the
Department of Agriculture for ``Corporations--Commodity Credit
Corporation Fund--Reimbursement for Net Realized Losses'' may
be used, prior to the completion of the report described in
section 2 of the Act of August 17, 1961 (15 U.S.C. 713a-11), to
reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, as reflected
in the June 2018 report of its financial condition.
Sec. 117. In addition to amounts provided by section 101,
amounts are provided for ``Department of Agriculture--
Agricultural Research Service--Salaries and Expenses'' at a
rate for operations of $42,000,000 for the operation and
maintenance of the National Bio and Agro-Defense Facility.
Sec. 118. Any program, authority, or provision, including
any pilot program, authorized under the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4; 127 Stat. 54)
shall continue in effect through the date specified in section
105(3) of this Act.
Sec. 119. (a) Funds made available by section 101 for
``Department of Energy--Energy Programs--Uranium Enrichment
Decontamination and Decommissioning Fund'' may be apportioned
up to the rate for operations necessary to avoid disruption of
continuing projects or activities funded in this appropriation.
(b) The Secretary of Energy shall notify the Committees on
Appropriations of the House of Representatives and the Senate
not later than 3 days after each use of the authority provided
in subsection (a).
Sec. 120. Notwithstanding section 101, the matter
preceding the first proviso under the heading ``Department of
Energy--Power Marketing Administrations--Operation and
Maintenance, Southwestern Power Administration'' in division D
of the Consolidated Appropriations Act, 2018 (Public Law 115-
141) shall be applied by substituting ``$43,488,000'' for
``$30,288,000''; the first proviso under such heading shall be
applied by substituting ``$33,088,000'' for ``$18,888,000'';
and the second proviso under such heading shall be applied by
substituting ``$10,400,000'' for ``$11,400,000''.
Sec. 121. Notwithstanding section 101, amounts are
provided to the Department of the Treasury for ``Departmental
Offices--Salaries and Expenses'' at a rate for operations of
$214,576,000.
Sec. 122. Notwithstanding any other provision of this Act,
except section 105, the District of Columbia may expend local
funds under the heading ``District of Columbia Funds'' for such
programs and activities under the District of Columbia
Appropriations Act, 2018 (title IV of division E of Public Law
115-141) at the rate set forth under ``Part A--Summary of
Expenses'' as included in the Fiscal Year 2019 Local Budget Act
of 2018 (D.C. Act 22-397), as modified as of the date of the
enactment of this Act.
Sec. 123. Amounts made available by section 101 for
``Small Business Administration--Business Loans Program
Account'' may be apportioned up to the rate for operations
necessary to accommodate increased demand for commitments for
general business loans authorized under section 7(a) of the
Small Business Act (15 U.S.C. 636(a)).
Sec. 124. Amounts made available by section 101 for
``Department of Homeland Security--Federal Emergency Management
Agency--Disaster Relief Fund'' may be apportioned up to the
rate for operations necessary to carry out response and
recovery activities under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
Sec. 125. The Secretary of Homeland Security may transfer
up to $15,000,000 in unexpended balances of amounts made
available to the Department of Homeland Security under the
heading ``Science and Technology Directorate--Operations and
Support'' in division F of the Consolidated Appropriations Act,
2018 (Public Law 115-141) to the Department of Agriculture for
the purpose of contract support of the operations of the
National Bio and Agro-defense Facility.
Sec. 126. Amounts made available by section 101 for the
``U.S. Customs and Border Protection--Operations and Support'',
``U.S. Immigration and Customs Enforcement--Operations and
Support'', and ``United States Secret Service--Operations and
Support'' accounts of the Department of Homeland Security may
be apportioned at a rate for operations necessary to maintain
not less than the number of the staff achieved on September 30,
2018.
Sec. 127. Amounts made available by section 101 for the
Department of Homeland Security for ``United States Secret
Service--Procurement, Construction, and Improvements'' may be
apportioned up to the rate for operations necessary to purchase
base platform vehicles in support of the fully armored vehicle
program.
Sec. 128. Amounts made available by section 101 to the
Department of Homeland Security for ``Office of the Secretary
and Executive Management--Operations and Support'',
``Management Directorate--Operations and Support'', and
``Intelligence, Analysis, and Operations Coordination--
Operations and Support'' may be apportioned up to the rate for
operations necessary to carry out activities previously funded
by the Working Capital Fund of the Department of Homeland
Security, consistent with the fiscal year 2019 President's
Budget.
Sec. 129. (a) In addition to amounts provided by section
101, amounts are provided for ``Department of Health and Human
Services--Indian Health Service--Indian Health Services'' at a
rate for operations of $14,112,000, for an additional amount
for costs of staffing and operating facilities that were
opened, renovated, or expanded in fiscal year 2018, and such
amounts may be apportioned up to the rate for operations
necessary to staff and operate such facilities.
(b) In addition to amounts provided by section 101, amounts
are provided for ``Department of Health and Human Services--
Indian Health Service--Indian Health Facilities'' at a rate for
operations of $1,200,000, for an additional amount for costs of
staffing and operating facilities that were opened, renovated,
or expanded in fiscal year 2018, and such amounts may be
apportioned up to the rate for operations necessary to staff
and operate newly constructed facilities.
Sec. 130. Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) shall be applied by
substituting ``September 30, 2020'' for ``September 30, 2019''.
Sec. 131. Notwithstanding section 101, the matter
preceding the first proviso and the second proviso under the
heading ``Environmental Protection Agency--Hazardous Waste
Electronic Manifest System Fund'' in division G of Public Law
115-141 shall be applied by substituting ``$8,000,000'' for
``$3,674,000'' each place it appears: Provided, That such
amounts may be apportioned up to the rate for operations
necessary and amounts made available by section 101 for
``Environmental Protection Agency'' may be transferred between
appropriations under such heading as necessary to ensure that
the Hazardous Waste Electronic Manifest System becomes fully
operational.
Sec. 132. (a) The following sections of the Federal
Insecticide, Fungicide, and Rodenticide Act shall continue in
effect through the date specified in section 105(3) of this
Act--
(1) subparagraphs (C) through (E) of section
4(i)(1) (7 U.S.C. 136a-1(i)(1)(C)-(E));
(2) section 4(k)(3) (7 U.S.C. 136a-1(k)(3));
(3) section 4(k)(4) (7 U.S.C. 136a-1(k)(4)); and
(4) section 33(c)(3)(B) (7 U.S.C. 136w-8(c)(3)(B)).
(b)(1) Section 4(i)(1)(I) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(1)(I)) shall
be applied by substituting the date specified in section 105(3)
of this Act for ``September 30, 2017''.
(2) Notwithstanding section 33(m)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136w-8(m)(2)), section 33(m)(1) of such Act (7 U.S.C.
136w-8(m)(1)) shall be applied by substituting the date
specified in section 105(3) of this Act for ``September
30, 2017''.
(c) Section 408(m)(3) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 346a(m)(3)) shall be applied by
substituting the date specified in section 105(3) of this Act
for ``September 30, 2017''.
Sec. 133. Activities authorized under part A of title IV
and section 1108(b) of the Social Security Act shall continue
through the date specified in section 105(3) of this Act in the
manner authorized for fiscal year 2018, and out of any money in
the Treasury of the United States not otherwise appropriated,
there are hereby appropriated such sums as may be necessary for
such purpose.
Sec. 134. The authority provided by section 7081(h) of
division J of the Consolidated Appropriations Act, 2017 (Public
Law 115-31) shall apply through the date specified in section
105(3).
Sec. 135. Effective upon enactment of this Act, the matter
under the heading ``Federal Railroad Administration--Railroad
Rehabilitation and Improvement Financing Program'' in division
L of the Consolidated Appropriations Act, 2018 (Public Law 115-
141) is amended--
(1) by striking the third and fourth provisos and
inserting the following provisos: ``Provided further,
That, not later than 30 days after the date of
enactment of the Continuing Appropriations Act, 2019,
the Secretary of Transportation, in consultation with
the Director of the Office of Management and Budget,
shall define the term `cohorts of loans' for purposes
of section 502(f)(4) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 822(f)(4)) (as
in effect on the day before the amendments made by
section 11607 of Public Law 114-94 (129 Stat. 1698)
took effect): Provided further, That, when all
obligations attached to a cohort of loans have been
satisfied, the Secretary of Transportation shall return
to the original source, on a pro rata basis, the credit
risk premiums paid for the loans in the cohort, with
interest accrued thereon, that were not used to
mitigate losses, not later than 60 days after the date
of enactment of the Continuing Appropriations Act, 2019
or, for a cohort of loans with obligations that have
not yet been satisfied, not later than 60 days after
the date on which all obligations attached to the
cohort have been satisfied:''; and
(2) by striking ``for a fiscal year'' in the fifth
proviso.
This division may be cited as the ``Continuing
Appropriations Act, 2019''.
And the Senate agree to the same.
Rodney P. Frelinghuysen,
Kay Granger,
Tom Cole,
Ken Calvert,
Steve Womack,
Robert B. Aderholt,
Harold Rogers,
Martha Roby,
Nita M. Lowey,
Peter J. Visclosky,
Rosa DeLauro,
Lucille Roybal-Allard,
Betty McCollum,
Managers on the Part of the House.
Richard C. Shelby,
Roy Blunt,
Lindsey Graham,
Jerry Moran,
Patrick J. Leahy,
Patty Murray,
Richard J. Durbin
(Except Senate receding on
Senate section 252),
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 6157) making
appropriations for the Department of Defense for the fiscal
year ending September 30, 2019, and for other purposes, submit
the following joint statement to the House and Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report.
This conference agreement includes the Department of
Defense Appropriations Act, 2019, the Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2019, and the Continuing Appropriations
Act, 2019. The Senate amendment included the Senate version of
the Defense Appropriations bill (S. 3159) and added the Labor,
Health and Human Services, and Education and Related Agencies
bill (S. 3158). The House bill included the House version of
the Defense Appropriations bill (H.R. 6157) only. H.R. 6157 was
passed by the House on June 28, 2018 and used as the vehicle
for the Senate amendment, which passed the Senate on August 23,
2018. The agreement also includes continuing appropriations for
fiscal year 2019.
Section 1 of the conference agreement is the short title
of the bill.
Section 2 of the conference agreement displays a table of
contents.
Section 3 of the conference agreement states that, unless
expressly provided otherwise, any reference to ``this Act''
contained in any division shall be treated as referring only to
the provisions of that division.
Section 4 provides a statement of appropriations.
The conference agreement does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined by clause 9 of rule XXI of the Rules of the
House of Representatives.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2019
The conference agreement on the Department of Defense
Appropriations Act, 2019, incorporates some of the provisions
of both the House and Senate versions of the bill. The language
and allocations set forth in House Report 115-769 and Senate
Report 115-290 should be complied with unless specifically
addressed in the accompanying bill and statement of the
managers to the contrary.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
For the purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985 (Public Law 99-177), as amended by
the Balanced Budget and Emergency Deficit Control Reaffirmation
Act of 1987 (Public Law 100-119), and by the Budget Enforcement
Act of 1990 (Public Law 101-508), the terms ``program, project,
and activity'' for appropriations contained in this Act shall
be defined as the most specific level of budget items
identified in the Department of Defense Appropriations Act,
2019, the related classified annexes and explanatory
statements, and the P-1 and R-1 budget justification documents
as subsequently modified by congressional action.
The following exception to the above definition shall
apply: the military personnel and the operation and maintenance
accounts, for which the term ``program, project, and activity''
is defined as the appropriations accounts contained in the
Department of Defense Appropriations Act.
At the time the President submits the budget request for
fiscal year 2020, the Secretary of Defense is directed to
transmit to the congressional defense committees budget
justification documents to be known as the ``M-1'' and the ``O-
1'' which shall identify, at the budget activity, activity
group, and sub-activity group level, the amounts requested by
the President to be appropriated to the Department of Defense
for military personnel and operation and maintenance in any
budget request, or amended budget request, for fiscal year
2020.
REPROGRAMMING GUIDANCE
The Secretary of Defense is directed to continue to
follow the reprogramming guidance for acquisition accounts as
specified in the report accompanying the House version of the
Department of Defense Appropriations bill for Fiscal Year 2008
(House Report 110-279). The dollar threshold for reprogramming
funds shall be $10,000,000 for military personnel; $15,000,000
for operation and maintenance; $20,000,000 for procurement; and
$10,000,000 for research, development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees annual DD Form 1416 reports for titles I and II and
quarterly, spreadsheet-based DD Form 1416 reports for Service
and defense-wide accounts in titles III and IV of this Act.
Reports for titles III and IV shall comply with guidance
specified in the explanatory statement accompanying the
Department of Defense Appropriations Act, 2006. The Department
shall continue to follow the limitation that prior approval
reprogrammings are set at either the specified dollar threshold
or 20 percent of the procurement or research, development, test
and evaluation line, whichever is less. These thresholds are
cumulative from the base for reprogramming value as modified by
any adjustments. Therefore, if the combined value of transfers
into or out of a military personnel (M-1), an operation and
maintenance (O-1), a procurement (P-1), or a research,
development, test and evaluation (R-1) line exceeds the
identified threshold, the Secretary of Defense must submit a
prior approval reprogramming to the congressional defense
committees. In addition, guidelines on the application of prior
approval reprogramming procedures for congressional special
interest items are established elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in the tables for each
appropriation account shall be provided only for the specific
purposes indicated in the tables.
CONGRESSIONAL SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or
items for which funding is specifically reduced as shown in the
project level tables or in paragraphs using the phrase ``only
for'' or ``only to'' are congressional special interest items
for the purpose of the Base for Reprogramming (DD Form 1414).
Each of these items must be carried on the DD Form 1414 at the
stated amount, as specifically addressed in the explanatory
statement.
CLASSIFIED ANNEX
Adjustments to classified programs are addressed in the
accompanying classified annex.
OTHER TRANSACTION AUTHORITY
The conferees support the use of Other Transaction
Authority (OTA) pursuant to section 2371b of title 10, United
States Code for prototyping projects to enhance the mission
effectiveness of the Department of Defense. However, the
conferees are concerned with the lack of transparency
surrounding the employment of OTA, particularly for follow-on
production. Therefore, the conferees direct the Secretary of
Defense to provide quarterly reports to the House and Senate
Appropriations Committees not later than 30 days after the
close of each fiscal quarter, detailing the Department's
execution of funds for OTA prototype projects. Such reports
shall be submitted beginning with the first quarter of fiscal
year 2019 and shall include a classified annex, if necessary.
The report shall list each active OTA agreement characterized
by Service or agency, major command, contracting activity,
appropriation, budget line item, minimum and maximum award
value, vendor, obligations and expenditures to date, product
service code, and period of performance. Other Transaction
Authority agreements that include an option for follow-on
production shall be clearly annotated in the report and include
a description of the scope of the follow-on production,
including estimated cost, period of performance, deliverables,
delivery dates, and source of funding.
Further, the conferees direct the Comptroller General to
review the Department's use of OTA pursuant to section 2371b of
title 10, United States Code to determine whether the
Department's employment of this authority conforms to
applicable statutes and Departmental guidelines, to include the
identification of any potential conflicts with section 1301 of
title 31, United States Code. As part of this review, the
Comptroller General shall also report on the extent that OTAs
have been utilized since fiscal year 2016 and quantify OTA
prototype agreements, including those with options for follow-
on production, by Service or agency, appropriation, and other
characteristics, as appropriate. The Comptroller General shall
provide the congressional defense committees the assessment not
later than 180 days after the enactment of this Act.
INDIRECT FIRE PROTECTION CAPABILITY
In support of the Indirect Fire Protection Capability
(IFPC) program of record, the Army's fiscal year 2019 budget
includes procurement requests totaling $173,204,000 for AIM-9X
interceptors, Multi-Mission Launcher (MML) components, and
other ancillary costs. This request is in addition to
$50,056,000 of fiscal year 2018 funding that remains
unexecuted. The request also includes $208,740,000 for
continued research, development, test and evaluation of the
current IFPC program of record, while prior year funding also
remains available due to the decision not to award the IFPC
milestone B Engineering and Manufacturing Development contract.
The conferees note that following the submission of the
fiscal year 2019 budget request, the Army initiated reviews of
the existing IFPC program of record and alternate courses of
action (COA) prior to the milestone B decision. These alternate
COA include the development and integration of an alternate
interceptor to the previously proposed AIM-9X interceptor with
modifications to the MML, as well as the analysis of at least
two other distinct weapons systems. The conferees further note
that section 112 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 directs the Army to
deploy two batteries of an interim, fixed site cruise missile
defense capability by September 30, 2020, subject to the
availability of appropriations.
The conference agreement supports the Army's pursuit of
this defensive capability; however, the conferees remain
concerned that the current budget request does not support any
change in acquisition strategy or procurement and integration
of available interim defense capabilities and is unexecutable
as requested. The conferees direct the Secretary of the Army to
provide a report to the congressional defense committees not
later than 30 days after the enactment of this Act that details
the results of the Army's internal review, revised acquisition
strategy, and resulting resourcing requirements. The report
shall also include an analysis and recommendations on the
multiple COA under review; the supporting cost estimates for
each COA across the future years defense program (FYDP); a
program schedule for the selected COA; an analysis and
recommendations for interim capabilities and proposed
acquisition schedule; the proposed execution of prior year
available balances and current IFPC resources by appropriation,
budget line, and project across the FYDP for both the program
of record and interim capabilities; and a plan to resource any
identified shortfalls for the selected program of record COA
and interim capabilities that will be pursued through the
reprogramming of available resources and other means, as
necessary.
CLOUD COMPUTING
The conferees believe cloud computing, if implemented
properly, will have far reaching benefits for improving the
efficiency of day-to-day operations of the Department of
Defense, as well as enabling new military capabilities critical
to maintaining a tactical advantage over adversaries. The
conference agreement includes a general provision directing the
Secretary of Defense to provide a comprehensive strategy for
cloud computing and to propose a plan for a budget accounting
system that provides greater transparency to evaluate the cost
and progress of transitioning to a cloud computing environment.
The conferees are not suggesting that the Department implement
a separate, new financial management system for cloud
computing, but urge the Secretary of Defense to adapt the
current system to provide reliable and timely data on the
budgets requested and funds expended to procure cloud computing
services, and the budgets requested and funds expended to
prepare and implement legacy systems for migration to the cloud
environment.
ADVANCED BATTLE MANAGEMENT SYSTEM
The conferees support the Air Force's new approach to
battle management, the Advanced Battle Management System
(ABMS), but are concerned with the near-term risks in
cancelling the Joint Surveillance Target Attack Radar System
recapitalization program. The conferees direct the Secretary of
the Air Force to submit a report to the congressional defense
committees not later than 90 days after the enactment of this
Act on a revised ABMS plan and execution strategy, updated
costs and schedules of each activity within the ABMS plan, and
a gap and threat assessment of both the ground moving target
indicator and battle management command and control mission
areas.
This language replaces the language under the heading
``Joint Surveillance Target Attack Radar System
Recapitalization'' in House Report 115-769 and the language
under the heading ``Advanced Battle Management System'' in
Senate Report 115-290.
CIVILIAN PAY RAISE
The conference agreement includes sufficient funding to
provide for a 1.9 percent pay raise for civilian employees of
the Department of Defense and other agencies funded by this
Act, if authorized by another provision of law.
ARMY CORPS OF ENGINEERS RESTRUCTURING
On July 30, 2018, the Secretary of Defense approved a
Secretary of the Army memorandum identifying specific actions
the Army will take in support of the Administration's proposed
reorganization of the United States Army Corps of Engineers'
(USACE) Civil Works Program. The reorganization includes taking
the Civil Works program out of the Army Corps of Engineers with
navigation going to the Department of Transportation for
infrastructure grants and the remaining accounts to the
Department of the Interior.
The conferees are opposed to the reorganization as it
could ultimately have detrimental readiness and operational
impacts on Department of Defense functions and activities, to
include USACE support to ongoing military operations,
international partners, and support to United States military
installations around the world.
The conferees are extremely concerned that the Secretary
of the Army failed to provide any notification or engage in any
discussion with Members of Congress, the House and Senate
Appropriations Committees, or their staff on an action of this
magnitude, which crosses multiple jurisdictional lines and has
far-reaching consequences. This type of proposal, as the
Department is well aware, will require legislative language
which has not been proposed or requested to date. Therefore, no
funds provided in this Act or any previous Act shall be used by
the Department or the Secretary to plan, prepare, or implement
this proposal.
TITLE I--MILITARY PERSONNEL
The agreement provides $138,537,041,000 in Title I,
Military Personnel, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
SUMMARY OF MILITARY PERSONNEL END STRENGTH
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fiscal year 2019
------------------------------------------------------------------------------------------
Fiscal year Change from
2018 Budget House Senate Conference Change from fiscal year
authorized Request request 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
Active Forces (End Strength):
Army..................................................... 483,500 487,500 487,500 485,741 487,500 - - - 4,000
Navy..................................................... 327,900 335,400 335,400 331,900 335,400 - - - 7,500
Marine Corps............................................. 186,000 186,100 186,100 186,100 186,100 - - - 100
Air Force................................................ 325,100 329,100 329,100 325,720 329,100 - - - 4,000
Total, Active Forces................................. 1,322,500 1,338,100 1,338,100 1,329,461 1,338,100 - - - 15,600
Guard and Reserve Forces (End Strength):
Army Reserve............................................. 199,500 199,500 199,500 199,500 199,500 - - - - - -
Navy Reserve............................................. 59,000 59,100 59,100 59,000 59,100 - - - 100
Marine Corps Reserve..................................... 38,500 38,500 38,500 38,500 38,500 - - - - - -
Air Force reserve........................................ 69,800 70,000 70,000 69,800 70,000 - - - 200
Army National Guard...................................... 343,500 343,500 343,500 343,500 343,500 - - - - - -
Air National Guard....................................... 106,600 107,100 107,100 106,600 107,100 - - - 500
Total, Selected Reserve.................................. 816,900 817,700 817,700 816,900 817,700 - - - 800
------------------------------------------------------------------------------------------
Total, Military Personnel............................ 2,139,400 2,155,800 2,155,800 2,146,361 2,155,800 - - - 16,400
--------------------------------------------------------------------------------------------------------------------------------------------------------
SUMMARY OF GUARD AND RESERVE FULL-TIME STRENGTH
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fiscal year 2019
------------------------------------------------------------------------------------------
Fiscal year Change from
2018 Budget House Senate Conference Change from fiscal year
authorized Request request 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
Active Guard and Reserve:
Army Reserve............................................. 16,261 16,386 16,386 16,261 16,386 - - - 125
Navy Reserve............................................. 10,101 10,110 10,110 10,101 10,110 - - - 9
Marine Corps Reserve..................................... 2,261 2,261 2,261 2,261 2,261 - - - - - -
Air Force Reserve........................................ 3,588 3,849 3,849 3,588 3,849 - - - 261
Army National Guard...................................... 30,155 30,595 30,595 30,155 30,595 - - - 440
Air National Guard....................................... 16,260 19,861 19,861 19,450 19,861 - - - 3,601
------------------------------------------------------------------------------------------
Total, Full-Time Support............................. 78,626 83,062 83,062 81,816 83,062 - - - 4,436
--------------------------------------------------------------------------------------------------------------------------------------------------------
Military Personnel Overview
The conference agreement provides the resources required
for an additional 15,600 active forces and 800 selected reserve
forces above fiscal year 2018 levels, as requested and
authorized by current law, in order to meet operational needs
for fiscal year 2019. The conference agreement also provides
the funding necessary to support a 2.6 percent pay raise for
all military personnel, as authorized, effective January 1,
2019.
REPROGRAMMING GUIDANCE FOR MILITARY PERSONNEL ACCOUNTS
The Secretary of Defense is directed to submit the Base
for Reprogramming (DD Form 1414) for each of the fiscal year
2019 appropriations accounts not later than 60 days after the
enactment of this Act. The Secretary of Defense is prohibited
from executing any reprogramming or transfer of funds for any
purpose other than originally appropriated until the
aforementioned report is submitted to the House and Senate
Defense Appropriations Subcommittees.
The Secretary of Defense is directed to use the normal
prior approval reprogramming procedures to transfer funds in
the Services' military personnel accounts between budget
activities in excess of $10,000,000.
MILITARY PERSONNEL SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or
have been specifically reduced as shown in the project level
tables or in paragraphs using the phrase ``only for'' or ``only
to'' in the explanatory statement are congressional special
interest items for the purpose of the Base for Reprogramming
(DD Form 1414). Each of these items must be carried on the DD
Form 1414 at the stated amount as specifically addressed in the
explanatory statement. Below Threshold Reprogrammings may not
be used to either restore or reduce funding from congressional
special interest items as identified on the DD Form 1414.
RESERVE OFFICER TRAINING CORPS
The conferees support Reserve Officer Training Corps
(ROTC) programs at universities and colleges. The ROTC program
provides necessary tools for young men and women to serve in
the military. The House included two provisions which would ban
the termination or closure of Senior ROTC or ROTC programs at
Historically Black Colleges, Hispanic or Tribal Universities/
Colleges. The Department of Defense has advised the conferees
that they have not initiated any efforts for the past several
years to terminate these programs and/or units. The conferees
urge the Secretary of Defense to continue to foster these
programs, especially at Historically Black Colleges, Hispanic
or Tribal Universities/Colleges, to ensure the best and
brightest remain interested in military service.
BLENDED RETIREMENT SYSTEM
Pursuant to sections 631 through 635 of the National
Defense Authorization Act for Fiscal Year 2016, the Department
of Defense began modernizing the retirement system for members
of the uniformed services by implementing a Blended Retirement
System (BRS) that incorporates Thrift Savings Plan (TSP)
contributions, Continuation Pays (CP), and a reduced-rate
version of the traditional defined-benefit pension.
Servicemembers who enter military service on or after January
1, 2018 are covered automatically by BRS. Those who began
serving prior to December 31, 2017 are grandfathered under the
legacy retirement system, with the ability to opt-in to the BRS
from January 1, 2018 through December 31, 2018, if the member
has less than 12 years of service in active duty or has
accumulated less than 4,320 points for reserve members. For
servicemembers separating from the military with fewer than 20
years, the new system provides for retirement benefits outside
of the standing defined-benefit pension, enabling a larger
population of servicemembers to obtain retirement benefits.
The fiscal year 2018 budget submission was the
Department's first opportunity to request appropriations for
TSP and CP requirements. Initial estimates were consistent
across the military Services based on budgeting assumptions
informed by valuations of the military retirement system via
the Department of Defense Office of the Actuary. Following the
markup of the Department of Defense Appropriations Acts by the
House and Senate Appropriations Committees, the Department
submitted an omnibus reprogramming request identifying
$1,679,947,000 in base military personnel funding available for
realignment to higher priorities, of which the Department
identified $442,475,000 as excess to need due to overestimation
of BRS. In addition, another $77,000,000 was identified as BRS
resources available for a future reprogramming action.
The conferees understand that this new approach to
military retirement will take the Department time to educate
and enroll participants, gather data, formulate revised
assumptions, and more accurately inform budget projections.
However, given that the fiscal year 2019 budget request was
formulated by applying similar BRS assumptions as those used in
fiscal year 2018, the Department has revised its fiscal year
2019 BRS projection and identified an estimated $732,000,000
asset based on current actuals experienced in the year of
execution. As such, the associated reductions have been
distributed throughout the military personnel appropriation
accounts and redistributed to title II in a general provision
to mitigate higher than anticipated fuel costs. The conferees
expect budgeting for the BRS will become more accurate over
time.
Military Personnel, Army
The agreement provides $42,690,042,000 for Military
Personnel, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Military Personnel, Navy
The agreement provides $30,164,481,000 for Military
Personnel, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Military Personnel, Marine Corps
The agreement provides $13,779,038,000 for Military
Personnel, Marine Corps, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Military Personnel, Air Force
The agreement provides $30,074,691,000 for Military
Personnel, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Reserve Personnel, Army
The agreement provides $4,836,947,000 for Reserve
Personnel, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Reserve Personnel, Navy
The agreement provides $2,049,021,000 for Reserve
Personnel, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Reserve Personnel, Marine Corps
The agreement provides $782,390,000 for Reserve
Personnel, Marine Corps, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Reserve Personnel, Air Force
The agreement provides $1,860,406,000 for Reserve
Personnel, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
National Guard Personnel, Army
The agreement provides $8,600,945,000 for National Guard
Personnel, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
National Guard Personnel, Air Force
The agreement provides $3,699,080,000 for National Guard
Personnel, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
TITLE II--OPERATION AND MAINTENANCE
The agreement provides $193,682,875,000 in Title II,
Operation and Maintenance, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
REPROGRAMMING GUIDANCE FOR OPERATION AND MAINTENANCE ACCOUNTS
The Secretary of Defense is directed to submit the Base
for Reprogramming (DD Form 1414) for each of the fiscal year
2019 appropriation accounts not later than 60 days after the
enactment of this Act. The Secretary of Defense is prohibited
from executing any reprogramming or transfer of funds for any
purpose other than originally appropriated until the
aforementioned report is submitted to the House and Senate
Defense Appropriations Subcommittees.
The Secretary of Defense is directed to use the normal
prior approval reprogramming procedures to transfer funds in
the Services' operation and maintenance accounts between O-1
budget activities, or between sub-activity groups in the case
of Operation and Maintenance, Defense-Wide, in excess of
$15,000,000. In addition, the Secretary of Defense shall follow
prior approval reprogramming procedures for transfers in excess
of $15,000,000 out of the following readiness sub-activity
groups:
Army:
Maneuver units
Modular support brigades
Land forces operations support
Aviation assets
Force readiness operations support
Land forces depot maintenance
Base operations support
Facilities sustainment, restoration, and modernization
Specialized skill training
Navy:
Mission and other flight operations
Fleet air training
Aircraft depot maintenance
Mission and other ship operations
Ship depot maintenance
Facilities sustainment, restoration, and modernization
Marine Corps:
Operational forces
Field logistics
Depot maintenance
Facilities sustainment, restoration, and modernization
Air Force:
Primary combat forces
Combat enhancement forces
Depot purchase equipment maintenance
Facilities sustainment, restoration, and modernization
Contractor logistics support and system support
Flying hour program
Air Force Reserve:
Primary combat forces
Air National Guard:
Aircraft operations
Additionally, the Secretary of Defense is directed to use
normal prior approval reprogramming procedures when
implementing transfers in excess of $15,000,000 into the
following budget sub-activities:
Operation and Maintenance, Army:
Recruiting and advertising
Operation and Maintenance, Army National Guard:
Other personnel support/recruiting and advertising
OPERATION AND MAINTENANCE SPECIAL INTEREST ITEMS
Items for which additional funds have been provided or
have been specifically reduced as shown in the project level
tables or in paragraphs using the phrase ``only for'' or ``only
to'' in the explanatory statement are congressional special
interest items for the purpose of the Base for Reprogramming
(DD Form 1414). Each of these items must be carried on the DD
Form 1414 at the stated amount as specifically addressed in the
explanatory statement. Below Threshold Reprogrammings may not
be used to either restore or reduce funding from congressional
special interest items as identified on the DD Form 1414.
REPROGRAMMING GUIDANCE FOR SPECIAL OPERATIONS COMMAND
The Secretary of Defense is directed to submit a baseline
report that shows the Special Operations Command's operation
and maintenance funding by sub-activity group for the fiscal
year 2019 appropriation not later than 60 days after the
enactment of this Act. The Secretary of Defense is further
directed to submit quarterly execution reports to the
congressional defense committees not later than 45 days after
the end of each fiscal quarter that addresses the rationale for
the realignment of any funds within and between budget sub-
activities and the movement of any base funds used to support
overseas contingency operations. Finally, the Secretary of
Defense is directed to notify the congressional defense
committees 30 days prior to the realignment of funds in excess
of $15,000,000 between sub-activity groups.
ADVERTISING SPENDING TO SMALL AND DISADVANTAGED BUSINESSES
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees not later than
90 days after the enactment of this Act which estimates the
portion of the Department of Defense advertising budget that is
spent on advertising and public relations contracts with
socially and economically disadvantaged small businesses and
women, low-income veteran, and minority entrepreneurs and
business owners at the prime and subcontracting levels.
ENVIRONMENTAL RESTORATION FUNDING
The conference agreement provides the maximum executable
level of funding for the Services to address costs associated
with remediating contamination caused by perfluorinated
chemicals, as well as additional funding to address other high-
priority environmental restoration projects across the
Department.
LEAD IN MILITARY PRIVATIZED HOUSING
Section 8132 of the Senate-passed Defense Appropriations
bill directs the Comptroller General, in consultation with the
Secretary of Defense and the Service Secretaries, to provide a
report on the monitoring compliance and remediation of lead in
military housing. The conferees are concerned that
servicemembers and their families residing in on-post military
housing may have been exposed to toxic levels of lead based
paint. The conferees understand that military installations
around the country possess housing units containing lead based
paint levels exceeding the federal threshold for acceptable
levels, which could have negative health implications for
servicemembers and their families. The conferees direct the
Comptroller General to conduct an investigation and submit a
report to the congressional defense committees on toxic lead
levels at military housing on all installations not later than
120 days after the enactment of this Act.
Operation and Maintenance, Army
The agreement provides $40,145,482,000 for Operation and
Maintenance, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MORALE, WELFARE, AND RECREATION
The conferees encourage the Secretary of the Army to
provide sufficient resources at Morale, Welfare, and Recreation
facilities that have been closed as a result of flooding, an
earthquake, a wildfire, or a volcanic event in 2018. This
includes facilities that have furloughed or put employees on
administrative leave as well as those that have used revenue or
operating reserves to pay operation and maintenance expenses.
Operation and Maintenance, Navy
The agreement provides $48,034,826,000 for Operation and
Maintenance, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Operation and Maintenance, Marine Corps
The agreement provides $6,540,049,000 for Operation and
Maintenance, Marine Corps, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Operation and Maintenance, Air Force
The agreement provides $40,379,184,000 for Operation and
Maintenance, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
E-8C MAINTENANCE
The conferees direct the Comptroller General to submit a
report to the congressional defense committees not later than
January 31, 2019 on E-8C Joint Surveillance Target Attack Radar
System (JSTARS) maintenance. The report shall compare the cost
expenditures of organic industrial depot maintenance of the E-
8C JSTARS fleet versus contracted or non-organic maintenance
and the cost variance and cost savings of different programmed
depot maintenance cycles or procedures for the E-8C fleet,
including comparisons to such other platforms as the
Comptroller General considers appropriate.
REPUBLIC OF PALAU
The conference agreement provides $9,700,000 to reimburse
the Republic of Palau for land acquisition costs to enable the
installation of critical defense assets. The conferees note
that this one-time investment will provide a measurable
advantage in United States strategic posture.
Operation and Maintenance, Defense-Wide
The agreement provides $35,613,354,000 for Operation and
Maintenance, Defense-Wide, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
SECURITY ASSISTANCE PROGRAMS
The conferees recognize and appreciate the efforts made
in the National Defense Authorization Act for Fiscal Year 2017
and the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 to reform several programs that provide
security assistance to international partners. Changes have
touched on several Department of Defense programs, including
the Coalition Support Fund, border security programs, and
building partner capacity/security cooperation programs.
While largely supportive of these efforts, the conferees
are concerned that confusion exists, within the Department of
Defense and among recipient countries, about the remaining
disparate and still-changing authorities. The conferees are
also concerned with the lack of stability, transparency, and
fungibility of funds appropriated for security assistance
activities and believe that changes may be needed in various
appropriations to ensure that appropriate levels of funding are
provided for each newly authorized or modified program.
Therefore, the conferees direct the Secretary of Defense
to conduct a review of security assistance programs, including,
but not limited to, security cooperation programs authorized in
Section 333 of the National Defense Authorization Act for
Fiscal Year 2017, border security assistance programs
authorized by Section 1226 of the National Defense
Authorization Act for Fiscal Year 2016 as modified, and the
Coalition Support Fund authorized by Section 1223 of the
National Defense Authorization Act for Fiscal Year 2008 as
modified. The review should include a survey of Department of
Defense security assistance requirements of each combatant
command and a study of whether existing authorities are
sufficient to meet the security assistance needs of the
Department of Defense, including whether funding limitations
inhibit security assistance requirements.
The conferees direct that the results of the review be
submitted to Congress with the fiscal year 2020 budget request
submission, and include proposals for any needed modifications
to security assistance authorities and appropriations funding
levels or language.
The conferees further direct the Director of the Defense
Security Cooperation Agency, in conjunction with the geographic
combatant commanders, to provide a spend plan for fiscal year
2019, by combatant command, for security assistance funding to
the congressional defense committees not later than 30 days
after the enactment of this Act. The spend plan should be
provided in a form that compares the plans for both the base
and overseas contingency operations requests and provides an
annual comparison for the preceding five years. A similar plan
shall be provided outlining fiscal year 2020 requirements
concurrent with the submission of the fiscal year 2020 budget
request.
BACKGROUND INVESTIGATIONS
The Administration has announced plans to wholly transfer
the National Background Investigations Bureau (NBIB) to the
Department of Defense. The conferees expect the Department of
Defense will use the existing NBIB skilled workforce as part of
the plan to maintain continuity and to support a successful
transition of services. The conferees recognize the importance
of this workforce in reducing the backlog of investigations and
in establishing new processes for streamlining the current
system.
DEFENSE SECURITY SERVICE
The Defense Security Service (DSS) is preparing to accept
responsibility for all civilian and defense agency background
investigations. The conferees note with concern that DSS
provided multiple and amended budget documents during the
fiscal year 2019 budget cycle, which indicate changing plans
and corresponding budget requirements. The conferees expect
that DSS will improve its resource planning to ensure future
budget requests support a consistent strategy. The conferees
direct the Director of DSS to provide quarterly execution
briefings to the congressional defense committees on activities
related to background investigations during fiscal year 2019.
COMMEMORATING THE ANNIVERSARY OF THE END OF WORLD WAR II
The United States will celebrate the occasion of the
seventy-fifth anniversary of the end of World War II in 2020.
In order to honor the nation's veterans, educate the public,
and recognize the contributions of the home front and allies
during the war, the conferees urge the Secretary of Defense to
evaluate ways in which the Department can support the
commemoration, to include providing resources for related
activities.
CYBERSPACE SOLARIUM COMMISSION
Section 1652 of the John S. McCain National Defense Act
for Fiscal Year 2019 establishes the Cyberspace Solarium
Commission to develop a consensus on a strategic approach to
defending the United States in cyberspace against cyber attacks
of significant consequences. The conferees encourage the
Secretary of Defense to provide the resources necessary to
support this effort.
Operation and Maintenance, Army Reserve
The agreement provides $2,781,402,000 for Operation and
Maintenance, Army Reserve, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Operation and Maintenance, Navy Reserve
The agreement provides $1,018,006,000 for Operation and
Maintenance, Navy Reserve, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Operation and Maintenance, Marine Corps Reserve
The agreement provides $271,570,000 for Operation and
Maintenance, Marine Corps Reserve, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Operation and Maintenance, Air Force Reserve
The agreement provides $3,191,734,000 for Operation and
Maintenance, Air Force Reserve, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Operation and Maintenance, Army National Guard
The agreement provides $7,118,831,000 for Operation and
Maintenance, Army National Guard, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Operation and Maintenance, Air National Guard
The agreement provides $6,420,697,000 for Operation and
Maintenance, Air National Guard, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
United States Court of Appeals for the Armed Forces
The agreement provides $14,662,000 for the United States
Court of Appeals for the Armed Forces.
Environmental Restoration, Army
The agreement provides $235,809,000, an increase of
$32,360,000 above the budget request, for Environmental
Restoration, Army. Specifically, $7,360,000 is provided as a
general program increase and $25,000,000 is provided to address
costs associated with remediating contamination caused by
perfluorinated chemicals.
Environmental Restoration, Navy
The agreement provides $365,883,000, an increase of
$36,630,000 above the budget request, for Environmental
Restoration, Navy. Specifically, $7,500,000 is provided as a
general program increase and $29,130,000 is provided to address
costs associated with remediating contamination, including
activities related to contamination caused by perfluorinated
chemicals.
Environmental Restoration, Air Force
The agreement provides $365,808,000, an increase of
$69,000,000 above the budget request, for Environmental
Restoration, Air Force. An increase of $80,000,000 is provided
to address costs associated with remediating contamination
caused by perfluorinated chemicals. The adjustment also
includes a transfer of $11,000,000 to Operation and
Maintenance, Air National Guard for execution.
Environmental Restoration, Defense-Wide
The agreement provides $19,002,000, an increase of
$10,076,000 above the budget request, for Environmental
Restoration, Defense-Wide.
Environmental Restoration, Formerly Used Defense Sites
The agreement provides $248,673,000, an increase of
$36,327,000 above the budget request, for Environmental
Restoration, Formerly Used Defense Sites.
Overseas Humanitarian, Disaster, and Civic Aid
The agreement provides $117,663,000, an increase of
$10,000,000 above the budget request, for Overseas
Humanitarian, Disaster, and Civic Aid. Specifically,
$10,000,000 is provided as a program increase for the
Humanitarian Mine Action Program, of which $7,000,000 is for
activities in Southeast Asia.
Cooperative Threat Reduction Account
The agreement provides $350,240,000 for the Cooperative
Threat Reduction Account, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Strategic Offensive Arms Elimination............................... 2,823 2,823 2,823 2,823
Chemical Weapons Destruction....................................... 5,446 5,446 5,446 5,446
Global Nuclear Security............................................ 29,001 44,001 29,001 44,001
Program increase--Global Nuclear Security...................... ......... 15,000 ......... 15,000
Cooperative Biological Engagement.................................. 197,585 197,585 197,585 197,585
Proliferation Prevention........................................... 74,937 74,937 74,937 74,937
Other Assessments/Admin Costs...................................... 25,448 25,448 25,448 25,448
--------------------------------------------
TOTAL, COOPERATIVE THREAT REDUCTION ACCOUNT................ 335,240 350,240 335,240 350,240
----------------------------------------------------------------------------------------------------------------
Department of Defense Acquisition Workforce Development Fund
The agreement provides $450,000,000 for the Department of
Defense Acquisition Workforce Development Fund, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
TRAINING AND DEVELOPMENT........................................... 230,600 230,600 326,700 262,212
Program increase--unfunded requirement......................... ......... ......... 96,100 31,612
RETENTION AND RECOGNITION.......................................... 16,200 16,200 25,700 19,325
Program increase--unfunded requirement......................... ......... ......... 9,500 3,125
RECRUITING AND HIRING.............................................. 153,200 153,200 199,600 168,463
Program increase--unfunded requirement......................... ......... ......... 46,400 15,263
UNDISTRIBUTED REDUCTION............................................ ......... -2,100 ......... ..........
--------------------------------------------
TOTAL, DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE 400,000 397,900 552,000 450,000
DEVELOPMENT FUND..........................................
----------------------------------------------------------------------------------------------------------------
DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND REPORTING REQUIREMENTS
The conferees reaffirm the reporting requirements
pertaining to the Department of Defense Acquisition Workforce
Development Fund, as specified in Senate Report 115-290 and
further direct the Under Secretary of Defense (Acquisition and
Sustainment) to submit, with the fiscal year 2020 budget
request, any unfunded requirements for the Department of
Defense acquisition workforce, if applicable.
TITLE III--PROCUREMENT
The agreement provides $135,362,619,000 in Title III,
Procurement, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
The Secretary of Defense is directed to continue to
follow the reprogramming guidance as specified in the report
accompanying the House version of the Department of Defense
Appropriations bill for Fiscal Year 2008 (House Report 110-
279). Specifically, the dollar threshold for reprogramming
funds shall remain at $20,000,000 for procurement and
$10,000,000 for research, development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for Service and defense-wide accounts in titles III and IV of
this Act. Reports for titles III and IV shall comply with the
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified dollar
threshold or 20 percent of the procurement or research,
development, test and evaluation line, whichever is less. These
thresholds are cumulative from the base for reprogramming value
as modified by any adjustments. Therefore, if the combined
value of transfers into or out of a procurement (P-1) or
research, development, test and evaluation (R-1) line exceeds
the identified threshold, the Secretary of Defense must submit
a prior approval reprogramming to the congressional defense
committees. In addition, guidelines on the application of prior
approval reprogramming procedures for congressional special
interest items are established elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in these tables shall be
provided only for the specific purposes indicated in the
tables.
PROCUREMENT SPECIAL INTEREST ITEMS
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' in the explanatory statement
are congressional special interest items for the purpose of the
Base for Reprogramming (DD Form 1414). Each of these items must
be carried on the DD Form 1414 at the stated amount as
specifically addressed in the explanatory statement.
Aircraft Procurement, Army
The agreement provides $4,299,566,000 for Aircraft
Procurement, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Missile Procurement, Army
The agreement provides $3,145,256,000 for Missile
Procurement, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Procurement of Weapons and Tracked Combat Vehicles, Army
The agreement provides $4,486,402,000 for Procurement of
Weapons and Tracked Combat Vehicles, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
STRYKER DOUBLE-V HULL
Following the submission of the fiscal year 2019 budget
request, the Chief of Staff of the Army approved an Army
Requirements Oversight Counsel (AROC) decision to upgrade and
pure fleet all Flat-Bottom Hull (FBH) Stryker combat vehicles
to the Double V-Hull A1 variant (DVHA1) in an effort to improve
troop survivability and mobility. The Army's fiscal year 2019
budget request includes $21,900,000 to upgrade three FBH
Stryker vehicles to DVHA1 variants. Subsequent to the AROC
decision, the Army requested a funding transfer of $149,390,000
to fund additional conversions. With the transfer, the Army can
resource 53 DVHA1 conversions totaling $171,290,000. The
conferees have also included a congressional adjustment of
$94,000,000 for 29 additional conversions.
The conferees note that there is a fiscal year 2018
reprogramming request to repurpose $285,000,000 of
congressionally directed funding for 91 DVHA1 conversions. If
the reprogramming action is approved by the congressional
defense committees, the Army will have sufficient resources to
fund conversions for half the vehicles in a Stryker Brigade
Combat Team (SBCT), which is the Army's optimal rate of
modernization.
The conferees support the net-zero fiscal year 2019
transfer request, reprogramming action, and additional funding
for DVHA1 conversions. However, the conferees are concerned
that the Army decision on Stryker modifications are not being
synchronized with the budget cycle, are currently under-
resourced, and have been subject to sudden change. The
conferees direct the Secretary of the Army to submit a report
outlining the revised acquisition strategy for Stryker
vehicles, to include a resourcing strategy for funding Stryker
DVHA1 conversion at a rate of one-half of a SBCT per year, an
explanation of Stryker lethality requirements, an acquisition
and resourcing strategy for fielding required lethality
modifications, and an explanation and cost estimate for any
validated requirements for Stryker modifications. This report
shall be submitted to the congressional defense committees not
later than 90 days after the enactment of this Act.
This language replaces the language under the heading
``Stryker'' in House Report 115-769 and under the heading
``Army Stryker Double-V Hull A1'' in Senate Report 115-290.
Procurement of Ammunition, Army
The agreement provides $2,276,330,000 for Procurement of
Ammunition, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Other Procurement, Army
The agreement provides $7,844,691,000 for Other
Procurement, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Aircraft Procurement, Navy
The agreement provides $20,092,199,000 for Aircraft
Procurement, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Weapons Procurement, Navy
The agreement provides $3,711,576,000 for Weapons
Procurement, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
TOMAHAWK PRODUCTION AND NEXT GENERATION LAND ATTACK WEAPON
The conferees are concerned by the Navy's management of
the Tomahawk missile program. In the previous two fiscal years,
the Congress has added funding above the budget requests for
the Tomahawk program due to the fact that the Navy has
requested fewer missiles than necessary to maintain a minimum
sustainment rate of production while missiles have continued to
be expended in the Central Command area of operations. The
Department of Defense Appropriations Act, 2018, provided
$102,000,000 above the request to procure additional munitions
pursuant to the Navy's fiscal year 2018 enhancement request
following enactment of the Bipartisan Budget Act of 2018.
However, despite the request by the Navy and the direction by
the Congress to procure additional munitions, the Navy has
proposed to repurpose the congressionally provided funding for
various activities, negating congressional intent. Therefore,
the agreement includes a rescission of $115,657,000 of fiscal
year 2018 funds from the Tomahawk program.
The fiscal year 2019 budget request for Tomahawk does not
include funding for new production of all up rounds, reflecting
the Navy's strategy to transition from new production to
recertification and modernization activities. The conferees
direct the Secretary of the Navy to conduct a full review of
the Tomahawk program including the current inventory
requirement and stockpiled levels of munitions; an analysis of
the viability of new production in fiscal year 2020; an
analysis of the capacity for concurrent new production and
recertification activities within existing facilities; revised
cost and schedule projections for modification and
recertification activities, to include alternatives with and
without concurrent new production; a detailed review of the
execution of the fiscal year 2017 and 2018 new production
congressional adds; an analysis of surface and sub-surface
launched land attack weapons inventory and requirements
projections through the Next Generation Land Attack Weapon
initial operational capability date, to include other weapons
systems that may provide an interim capability. The Secretary
of the Navy shall provide a report detailing the results of the
review to the congressional defense committees not later than
90 days after the enactment of this Act.
Additionally, the reporting requirements related to the
Long Range Anti-Ship Missile included under the heading ``Next
Generation Land Attack Weapon (NGLAW) and Interim
Capabilities'' in Senate Report 115-290 are still valid.
This language replaces the language under the heading
``Tomahawk Production'' in House Report 115-769 and under the
heading ``Next Generation Land Attack Weapon (NGLAW) and
Interim Capabilities'' in Senate Report 115-290.
Procurement of Ammunition, Navy and Marine Corps
The agreement provides $952,682,000 for Procurement of
Ammunition, Navy and Marine Corps, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Shipbuilding and Conversion, Navy
The agreement provides $24,150,087,000 for Shipbuilding
and Conversion, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
FORD CLASS AIRCRAFT CARRIER PROCUREMENT
The conferees include a proviso consistent with section
121 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019, which allows the Secretary of the Navy to
potentially use fiscal year 2019 funds to enter into a contract
for an aircraft carrier designated CVN-81 if certain
requirements are met by the Secretary of Defense.
However, the conferees note that the congressional
defense committees have not received information justifying the
validity of a proposed ``two carrier block buy,'' including an
Independent Cost Estimate, an analysis of the impact on other
Navy shipbuilding programs, an updated future years defense
program, or an extended planning range budget.
This language replaces the language under the heading
``CVN 80'' in Senate Report 115-290.
Other Procurement, Navy
The agreement provides $9,097,138,000 for Other
Procurement, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Procurement, Marine Corps
The agreement provides $2,719,870,000 for Procurement,
Marine Corps, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Aircraft Procurement, Air Force
The agreement provides $17,112,337,000 for Aircraft
Procurement, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
C-135B
The conference agreement provides $146,374,000 for C-
135B, including $125,000,000 for the procurement of the first
of two aircraft and $21,374,000 for the integration of mission
equipment, which is provided under Research, Development, Test
and Evaluation, Air Force. The conferees understand that the
Air Force intends to procure the C-135B through a full and open
competition. The conferees direct the Secretary of the Air
Force to submit, not fewer than 30 days prior to the obligation
of these funds, a report to the congressional defense
committees that details the finalized acquisition strategy, an
updated schedule and cost estimate pursuant to that strategy,
the approved requirements, an estimated timeline for the
certification of the new aircraft under the Open Skies Treaty,
and a plan for the transition of the mission to the new
aircraft and the disposition of the current OC-135 aircraft and
its mission equipment. This language replaces the language
under the heading ``C-135B'' in House Report 115-769 and under
the heading ``C-135B Aircraft'' in Senate Report 115-290.
BATTLEFIELD AIRBORNE COMMUNICATION NODE
The conference agreement provides $100,000,000 for the
Battlefield Airborne Communication Node (BACN) mission under
RQ-4 modifications. The conferees direct the Secretary of the
Air Force to provide a report to the congressional defense
committees not later than 90 days after the enactment of this
Act on the updated BACN requirement and an execution plan for
the additional funds provided in this Act. This language
replaces the language under the same heading in House Report
115-769.
Missile Procurement, Air Force
The agreement provides $2,585,004,000 for Missile
Procurement, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Space Procurement, Air Force
The agreement provides $2,343,642,000 for Space
Procurement, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
WIDEBAND GAPFILLER SATELLITES
The Department of Defense Appropriations Act, 2018
included $600,000,000 above the budget request for two
additional Wideband Gapfiller Satellites (WGS). The conferees
direct the Secretary of the Air Force to procure two WGS
satellites and provide a funding plan for launch and operation
and maintenance activities to the congressional defense
committees not later than 90 days after the enactment of this
Act.
Procurement of Ammunition, Air Force
The agreement provides $1,485,856,000 for Procurement of
Ammunition, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Other Procurement, Air Force
The agreement provides $20,884,225,000 for Other
Procurement, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Procurement, Defense-Wide
The agreement provides $6,822,180,000 for Procurement,
Defense-Wide, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
National Guard and Reserve Equipment
The conference agreement provides $1,300,000,000 for
National Guard and Reserve Equipment. Of that amount
$421,000,000 is designated for the Army National Guard;
$421,000,000 for the Air National Guard; $180,000,000 for the
Army Reserve; $65,000,000 for the Navy Reserve; $13,000,000 for
the Marine Corps Reserve; and $200,000,000 for the Air Force
Reserve.
This funding will allow the reserve components to procure
high priority equipment that may be used for combat and
domestic response missions. Current reserve component equipping
levels are among the highest in recent history, and the funding
provided by the agreement will help ensure component
interoperability and sustained reserve component modernization.
The conferees direct the Secretary of Defense to ensure
that the account be executed by the Chiefs of the National
Guard and reserve components with priority consideration given
to the following items: acoustic hailing devices; active
electronically scanned array radars; arctic sustainment
packages; cold weather and mountaineering gear and equipment;
commercial off-the-shelf training systems and simulation
devices; crashworthy, ballistically tolerant auxiliary fuel
systems for ground and air; digital radar warning receivers for
F-16s; fifth generation certified wireless mobile mesh self-
healing tamper-proof network systems; HMMWV rollover
mitigation; joint threat emitters; modular small arms ranges
and simulation; MQ-9 deployable launch and recovery element
mission support kits; personal dosimeters; radiac sets; secure
voice, text, and data communications for joint response and
operations; sense and avoid systems; small unit support
vehicles; and unstabilized gunnery trainers and upgrades.
Defense Production Act Purchases
The agreement provides $53,578,000 for Defense Production
Act Purchases, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
DEFENSE PRODUCTION ACT PURCHASES............................ 38,578 68,578 38,578 53,578
Program increase........................................ 30,000 15,000
---------------------------------------------------
TOTAL, DEFENSE PRODUCTION ACT PURCHASES............. 38,578 68,578 38,578 53,578
----------------------------------------------------------------------------------------------------------------
DEFENSE PRODUCTION ACT
The conferees are concerned with the management of the
Defense Production Act (DPA) and direct the Secretary of
Defense to provide a report to the congressional defense
committees not later than 30 days after the enactment of this
Act on the management of the DPA, to include an update on the
plan to accelerate the execution of funds, the status of each
project being executed or planned to be executed by the DPA
Executive Agent or another executing agent, and explanations on
the differences between the projects in the budget request and
subsequent funding profiles provided during the year of
execution.
Joint Urgent Operational Needs Fund
The agreement does not recommend funding for the Joint
Urgent Operational Needs Fund.
TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The agreement provides $94,896,708,000 in Title IV,
Research, Development, Test and Evaluation, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS
The Secretary of Defense is directed to continue to
follow the reprogramming guidance as specified in the report
accompanying the House version of the Department of Defense
Appropriations bill for Fiscal Year 2008 (House Report 110-
279). Specifically, the dollar threshold for reprogramming
funds shall remain at $20,000,000 for procurement and
$10,000,000 for research, development, test and evaluation.
Also, the Under Secretary of Defense (Comptroller) is
directed to continue to provide the congressional defense
committees quarterly, spreadsheet-based DD Form 1416 reports
for Service and defense-wide accounts in titles III and IV of
this Act. Reports for titles III and IV shall comply with the
guidance specified in the explanatory statement accompanying
the Department of Defense Appropriations Act, 2006. The
Department shall continue to follow the limitation that prior
approval reprogrammings are set at either the specified dollar
threshold or 20 percent of the procurement or research,
development, test and evaluation line, whichever is less. These
thresholds are cumulative from the base for reprogramming value
as modified by any adjustments. Therefore, if the combined
value of transfers into or out of a procurement (P-1) or
research, development, test and evaluation (R-1) line exceeds
the identified threshold, the Secretary of Defense must submit
a prior approval reprogramming to the congressional defense
committees. In addition, guidelines on the application of prior
approval reprogramming procedures for congressional special
interest items are established elsewhere in this statement.
FUNDING INCREASES
The funding increases outlined in these tables shall be
provided only for the specific purposes indicated in the
tables.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION SPECIAL INTEREST ITEMS
Items for which additional funds have been provided as
shown in the project level tables or in paragraphs using the
phrase ``only for'' or ``only to'' in the explanatory statement
are congressional special interest items for the purpose of the
Base for Reprogramming (DD Form 1414). Each of these items must
be carried on the DD Form 1414 at the stated amount as
specifically addressed in the explanatory statement.
BLAST EXPOSURE RESEARCH
The conferees understand that further research is
necessary regarding blast exposure on the cellular level of the
brain in order to develop blast protection requirements for
helmets and other personal protective equipment. The conferees
encourage the Secretary of Defense to increase efforts to
develop a predictive traumatic brain injury model for blast.
Such research may help reveal the cellular response to blast
impulses and the interaction of the human brain and protective
equipment related to blast exposure.
DEPARTMENT OF DEFENSE TEST AND EVALUATION INFRASTRUCTURE
The 2018 National Defense Strategy addresses the
increasingly complex global threat environment driven in part
by rapid technological advancements. The fiscal year 2019
budget request proposes investments in several programs that
support a more capable and lethal force to prepare for this
threat environment, including directed energy, hypersonics,
advanced computing, big data analytics, artificial
intelligence, autonomy, and robotics programs.
The conferees believe that concurrent with investments in
leap-ahead technological advancements, an investment in the
Department of Defense test and evaluation infrastructure is
required to increase testing range space and availability and
to ensure continued independent and objective assessments of
weapon system capabilities. Therefore, after consultation with
the Under Secretary of Defense (Research and Engineering) and
the Director, Operational Test and Evaluation, the conferees
recommend increases for the Air Force, and Office of the
Director, Operational Test and Evaluation to modernize the
Department of Defense test and evaluation infrastructure in
areas such as hypersonics, directed energy, augmented
intelligence, machine learning, robotics, and cyberspace.
The conferees direct the Under Secretary of Defense
(Research and Engineering), in conjunction with the Director,
Operational Test and Evaluation, and the Secretaries of the
Army, Navy, and Air Force, to conduct an in-depth assessment of
the Department of Defense test and evaluation infrastructure
and to identify improvements required to address future
warfighting capabilities. The assessment shall be provided to
the congressional defense committees not later than with the
submission of the fiscal year 2020 budget request and shall
include proposed coordinated investments by warfighting area in
priority order and with associated cost estimates.
F-35 JOINT STRIKE FIGHTER DEVELOPMENTAL TEST FLEET
The conferees agree to modify a provision proposed by the
House allowing the Secretary of Defense to use funds
appropriated in this Act for F-35 procurement and research,
development, test and evaluation to modify up to six aircraft,
including two aircraft of each variant, to a test
configuration. The conferees understand that the cost of
modifying each aircraft is approximately $5,000,000. The
conferees direct the Secretary of Defense, with the concurrence
of the Secretary of the Air Force and the Secretary of the
Navy, to notify the congressional defense committees not fewer
than 30 days prior to obligating and expending funds for this
purpose. The notification shall contain the costs of modifying
the aircraft, the sources of funding by account and the reasons
for their availability, and a statement that the use of such
funds will not adversely affect the F-35 operational fleet. The
conferees expect that any such use of funds will not unduly
hinder or harm other critical aspects of the Joint Strike
Fighter program. Finally, the conferees direct that normal
reprogramming procedures be followed as necessary to execute
funding for this purpose.
ENERGETICS RESEARCH
The conferees direct the Under Secretary of Defense
(Research and Engineering) to submit a report to the
congressional defense committees not later than 120 days after
the enactment of this Act on current investments of the
Department of Defense in energetics research. The report shall
include a comparison of investments in energetics among the
Services as well as a strategic roadmap for future energetics
research.
HYPERSONICS RESEARCH PARTNERSHIPS
The conferees support hypersonics partnerships between
the Defense Advanced Research Projects Agency and the military
Services and recommend fully funding these partnerships. The
conferees understand that the development of hypersonic weapons
will require a long-term vision, beyond the Services' current
mission needs and capabilities. Therefore, the conferees
encourage the Under Secretary of Defense (Research and
Engineering) to consider establishing a partnership with one or
more universities focused on hypersonics research and education
with the mission of developing next-generation hypersonics
capabilities and building a highly-skilled, technically-trained
workforce.
Research, Development, Test and Evaluation, Army
The agreement provides $11,083,824,000 for Research,
Development, Test and Evaluation, Army, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Research, Development, Test and Evaluation, Navy
The agreement provides $18,510,564,000 for Research,
Development, Test and Evaluation, Navy, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
ACCELERATED ACQUISITIONS
The fiscal year 2019 budget request includes
$1,402,333,000, an increase of 150 percent over amounts enacted
in fiscal year 2018, for programs designated as accelerated
acquisitions in accordance with Chief of Naval Operations and
Secretary of the Navy Instructions 5000.53 and 5000.42,
respectively. The conferees support efforts to rapidly deliver
capability to the warfighter in a responsible manner and
recommend $1,072,585,000 for these programs in fiscal year
2019.
The conferees are concerned by repeated instances in
which the designation as an accelerated acquisition program has
led to imprudent program management decisions affecting
contracting actions and funding execution.
Therefore, the conferees direct the Assistant Secretary
of the Navy (Research, Development and Acquisition) and the
Assistant Secretary of the Navy (Financial Management and
Comptroller) to submit a report to the congressional defense
committees, not later than 30 days after the enactment of this
Act, on acquisition strategy management and fiscal controls in
place to ensure the appropriate management of resources for
Navy accelerated acquisition programs.
The conferees direct the Assistant Secretary of the Navy
(Research, Development and Acquisition) to provide the
congressional defense committees, with the submission of the
fiscal year 2020 budget request, the acquisition strategy for
each designated accelerated acquisition program. The conferees
further direct the Assistant Secretary of the Navy (Financial
Management and Comptroller) to certify that the fiscal year
2020 budget request fully funds such acquisition strategies, to
include the associated test requirements identified in the
detailed test approach developed for each program, as agreed to
by the Chief of Naval Operations, the Assistant Secretary of
the Navy (Research, Development and Acquisition), and the
Director, Operational Test and Evaluation per previous
congressional direction. The conferees reiterate previous
congressional direction with respect to the role of the
Director, Operational Test and Evaluation under accelerated
acquisition and rapid prototyping, to include early insight
into service acquisition intentions.
Finally, the conferees direct the Assistant Secretary of
the Navy (Research, Development and Acquisition) to identify to
the congressional defense committees with the fiscal year 2020
budget submission, any additional training requirements levied
on the acquisition workforce associated with the execution of
accelerated acquisition programs.
Research, Development, Test and Evaluation, Air Force
The agreement provides $41,229,475,000 for Research,
Development, Test and Evaluation, Air Force, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
TEST AND EVALUATION SUPPORT
The conference agreement provides funding as requested
within the Major Test and Evaluation Investment program element
for the planning and design of three military construction
projects under the Defense Laboratory Modernization Pilot
Program authorized by the National Defense Authorization Act
for Fiscal Year 2016. These specific projects are authorized by
the National Defense Authorization Act for Fiscal Year 2019,
but the conferees understand that funding for construction will
be requested in fiscal year 2020. This language replaces the
language under the heading ``Test and Evaluation Support'' in
House Report 115-769.
SPACE SOLAR POWER PROGRAM
The conferees understand that the Space Solar Power
Program is a priority for the Air Force but have concerns that
the submitted budget justification materials do not include
sufficient requirements, scheduling, or cost detail to
adequately judge the merits of rapid acquisition or the ability
of the Space Rapid Capabilities Office to achieve it.
Consequently, the conference agreement reduces funding for the
program's air demonstration by $105,000,000 and designates the
program as a new start and congressional special interest item.
The conferees direct the Secretary of the Air Force to submit
detailed funding plans for the Space Solar Power Program with
the fiscal year 2020 budget request submission.
Research, Development, Test and Evaluation, Defense-Wide
The agreement provides $23,691,836,000 for Research,
Development, Test and Evaluation, Defense-Wide, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Operational Test and Evaluation, Defense
The agreement provides $381,009,000 for Operational Test
and Evaluation, Defense, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
OPERATIONAL TEST AND EVALUATION............................. 85,685 85,685 85,685 85,685
LIVE FIRE TESTING........................................... 64,332 64,332 64,332 64,332
OPERATIONAL TEST ACTIVITIES AND ANALYSIS.................... 70,992 70,992 230,992 230,992
Program increase for T&E infrastructure................. ........... ........... 150,000 150,000
Advanced satellite navigation receiver.................. ........... ........... 10,000 10,000
---------------------------------------------------
TOTAL, OPERATIONAL TEST & EVALUATION, DEFENSE....... 221,009 221,009 381,009 381,009
----------------------------------------------------------------------------------------------------------------
TITLE V--REVOLVING AND MANAGEMENT FUNDS
The agreement provides $1,641,115,000 in Title V,
Revolving and Management Funds.
Defense Working Capital Funds
The agreement provides $1,641,115,000 for Defense Working
Capital Funds, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY.................................. 158,765 158,765 257,765 257,765
Program increase--arsenal initiative.................... ........... ........... 99,000 99,000
WORKING CAPITAL FUND, AIR FORCE............................. 69,054 69,054 69,054 69,054
WORKING CAPITAL FUND, DEFENSE-WIDE.......................... 48,096 48,096 48,096 48,096
DEFENSE WORKING CAPITAL FUND, DECA.......................... 1,266,200 1,266,200 1,266,200 1,266,200
---------------------------------------------------
TOTAL, DEFENSE WORKING CAPITAL FUNDS................ 1,542,115 1,542,115 1,641,115 1,641,115
----------------------------------------------------------------------------------------------------------------
TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS
The agreement provides $36,212,133,000 in Title VI, Other
Department of Defense Programs, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Defense Health Program
The agreement provides $34,007,519,000 for the Defense
Health Program, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
REPROGRAMMING GUIDANCE FOR THE DEFENSE HEALTH PROGRAM
The conferees remain concerned about the transfer of
funds from the In-House Care budget sub-activity group to pay
for contractor-provided medical care and the reprogramming of
funds from the Private Sector Care budget sub-activity group to
Department priorities outside of the Defense Health Program. To
limit such transactions and improve oversight within the
Defense Health Program operation and maintenance account, the
conferees direct that the In-House Care and Private Sector Care
budget sub-activities remain designated as congressional
special interest items. Any transfer of funds into or out of
these sub-activities requires the Secretary of Defense to
follow prior approval reprogramming procedures. This should not
be interpreted as limiting the amount of funds that may be
transferred to the In-House Care budget sub-activity from other
budget sub-activities within the Defense Health Program.
Additionally, the conferees direct the Assistant
Secretary of Defense (Health Affairs) to provide quarterly
reports to the congressional defense committees on budget
execution data for all of the Defense Health Program budget
activities and to adequately reflect changes to the budget
activities requested by the Services in future budget
submissions.
CARRYOVER
The conferees recommend one percent carryover authority
for the operation and maintenance account of the Defense Health
Program. The conferees direct the Assistant Secretary of
Defense (Health Affairs) to submit a detailed spending plan for
any fiscal year 2018 designated carryover funds to the
congressional defense committees not less than 30 days prior to
executing the carryover funds.
PEER-REVIEWED CANCER RESEARCH PROGRAM
The conference agreement provides $90,000,000 for the
peer-reviewed cancer research program to research cancers not
addressed in the breast, prostate, ovarian, kidney, lung, and
melanoma cancer research programs.
The funds provided in the peer-reviewed cancer research
program are directed to be used to conduct research in the
following areas: bladder cancer, blood cancers, brain cancer,
colorectal cancer, immunotherapy, listeria vaccine for cancer,
liver cancer, lymphoma, mesothelioma, neuroblastoma, pancreatic
cancer, pediatric brain tumors, stomach cancer, rare cancers,
and cancer in children, adolescents, and young adults.
The reports directed under this heading in House Report
115-769 and Senate Report 115-290 are still required.
PEER-REVIEWED MEDICAL RESEARCH PROGRAM
The conference agreement provides $350,000,000 for a
peer-reviewed medical research program. The conferees direct
the Secretary of Defense, in conjunction with the Service
Surgeons General, to select medical research projects of clear
scientific merit and direct relevance to military health.
Research areas considered under this funding are restricted to
the following areas: acute lung injury, antimicrobial
resistance, arthritis, burn pit exposure, cardiomyopathy,
cerebellar ataxia, chronic migraine and post-traumatic
headache, congenital heart disease, constrictive bronchiolitis,
diabetes, dystonia, eating disorders, emerging infectious
diseases, epidermolysis bullosa, focal segmental
glomerulosclerosis, frontotemporal degeneration, Guillain-Barre
syndrome, hemorrhage control, hepatitis B, hereditary
angioedema, hydrocephalus, immunomonitoring of intestinal
transplants, inflammatory bowel diseases, interstitial
cystitis, lung injury, metals toxicology, mitochondrial
disease, musculoskeletal disorders, myotonic dystrophy,
nanomaterials for bone regeneration, nutrition optimization,
pancreatitis, pathogen-inactivated blood products, polycystic
kidney disease, post-traumatic osteoarthritis, pressure ulcers,
pulmonary fibrosis, resilience training, respiratory health,
Rett syndrome, rheumatoid arthritis, scleroderma, sleep
disorders, spinal muscular atrophy, tinnitus, tissue
regeneration, tuberculosis, vascular malformations, and women's
heart disease. The additional funding provided under the peer-
reviewed medical research program shall be devoted only to the
purposes listed above.
ELECTRONIC HEALTH RECORDS
The conferees direct the Program Executive Officer (PEO)
for Defense Healthcare Management Systems (DHMS), in
conjunction with the Director of the Interagency Program Office
(IPO), to provide quarterly reports to the congressional
defense committees on the cost and schedule of the electronic
health record program, to include milestones, knowledge points,
and acquisition timelines, as well as quarterly obligation
reports. These reports should also include any changes to the
deployment timeline, including benchmarks, for full operating
capability; any refinements to the cost estimate for full
operating capability and the total lifecycle cost of the
project; and the progress toward developing, implementing, and
fielding the interoperable electronic health record throughout
the medical facilities of the Department of Defense and the
Department of Veterans Affairs. The PEO DHMS is further
directed to continue briefing the House and Senate Defense
Appropriations Subcommittees on a quarterly basis, coinciding
with the report submission.
The conferees also direct the Director of the IPO to
continue to provide quarterly reports to the House and Senate
Appropriations Committees, Subcommittees on Defense and
Military Construction, Veterans Affairs, and Related Agencies
on the progress of interoperability between the two
Departments.
Additionally, the conferees direct the Comptroller
General to perform a review of the implementation of MHS
GENESIS at the four currently active sites and submit a report
to the House and Senate Appropriations Committees not later
than 180 days after the enactment of this Act. The report
should include, but not be limited to, how MHS GENESIS is
addressing the concerns raised by the Initial Operational Test
and Evaluation report; the performance of MHS GENESIS in
meeting the demands of each of the medical facilities;
underlying issues with implementation; anticipated delays in
implementation; and the impact on the execution of funds. The
conferees also direct the Comptroller General to perform
quarterly reviews of the electronic health record deployment.
COMBAT READINESS MEDICAL RESEARCH
The conference agreement provides $15,000,000 for Combat
Readiness Medical Research. The conferees direct the Assistant
Secretary of Defense (Health Affairs) to competitively award
this funding to support the activities described under the
heading ``Joint Warfighter Medical Research Program'' of House
Report 115-769.
TRAUMA TRAINING
The conferees direct the Secretary of Defense to submit a
report to the congressional defense committees not later than
180 days after the enactment of this Act on improving trauma
training for trauma teams of the Department of Defense,
including through the use of the Joint Trauma Education and
Training Directorate established under section 708 of the
National Defense Authorization Act for Fiscal Year 2017. The
report should include recommendations on how to best coordinate
trauma teams of the Department of Defense with trauma partners
in the civilian sector, including evaluating how trauma
surgeons and military physicians can best partner with civilian
level I trauma centers that are verified by the American
College of Surgeons, including those that are linked to a burn
center that offer burn rotations and clinical experience, to
provide adequate training and readiness of the next generation
of medical providers to treat critically injured burn patients
and other military trauma victims.
LEAD ASSESSMENTS AND TESTING FOR INFANTS
The conferees recognize the importance of screening and
testing children for elevated blood lead levels to prevent
childhood lead toxicity. Therefore, the conferees direct the
Secretary of Defense to provide risk assessments and targeted
blood testing for elevated blood lead levels to all TRICARE
beneficiary children during their 12-month and 24-month
wellness checks or annual physical examinations.
Chemical Agents and Munitions Destruction, Defense
The agreement provides $993,816,000 for Chemical Agents
and Munitions Destruction, Defense, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
OPERATION AND MAINTENANCE................................... 105,997 105,997 105,997 105,997
PROCUREMENT................................................. 1,091 1,091 1,091 1,091
RESEARCH, DEVELOPMENT, TEST AND EVALUATION.................. 886,728 886,728 886,728 886,728
---------------------------------------------------
TOTAL, CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 993,816 993,816 993,816 993,816
DEFENSE............................................
----------------------------------------------------------------------------------------------------------------
Drug Interdiction and Counter-Drug Activities, Defense
The agreement provides $881,525,000 for Drug Interdiction
and Counter-Drug Activities, Defense, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
Line Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
010 COUNTER-NARCOTICS SUPPORT............................... 547,171 530,285 507,171 517,171
Transfer to National Guard counter-drug program......... ........... -16,886 ........... ...........
Excess Train and Equip funding.......................... ........... ........... -40,000 ...........
Excess to need.......................................... ........... ........... ........... -30,000
020 DRUG DEMAND REDUCTION PROGRAM........................... 117,900 121,900 117,900 121,900
Program increase--young Marines drug demand reduction... ........... 4,000 ........... 4,000
030 NATIONAL GUARD COUNTER-DRUG PROGRAM..................... 117,178 200,353 217,178 217,178
Transfer from counter-narcotics support................. ........... 16,886 ........... ...........
Program increase--National Guard counter-drug plans..... ........... 63,289 100,000 100,000
Program increase........................................ ........... 3,000 ........... ...........
040 NATIONAL GUARD COUNTER-DRUG SCHOOLS..................... 5,276 5,276 30,276 25,276
National Guard counter-drug schools..................... ........... ........... 25,000 20,000
---------------------------------------------------
TOTAL, DRUG INTERDICTION AND COUNTER-DRUG 787,525 857,814 872,525 881,525
ACTIVITIES, DEFENSE................................
----------------------------------------------------------------------------------------------------------------
Office of the Inspector General
The agreement provides $329,273,000 for the Office of the
Inspector General, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
OPERATION AND MAINTENANCE................................... 327,611 327,611 325,236 325,236
DCATSe and CRIMS--Department requested transfer to RDTE. ........... ........... -2,375 -2,375
RESEARCH, DEVELOPMENT, TEST AND EVALUATION.................. 1,602 1,602 3,977 3,977
DCATSe and CRIMS--Department requested transfer from O&M ........... ........... 2,375 2,375
PROCUREMENT................................................. 60 60 60 60
---------------------------------------------------
TOTAL, OFFICE OF THE INSPECTOR GENERAL............. 329,273 329,273 329,273 329,273
----------------------------------------------------------------------------------------------------------------
TITLE VII--RELATED AGENCIES
The agreement provides $1,036,424,000 in Title VII,
Related Agencies, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
CLASSIFIED ANNEX
Adjustments to classified programs are addressed in a
separate, detailed, and comprehensive classified annex. The
Intelligence Community, the Department of Defense, and other
organizations are expected to fully comply with the
recommendations and directions in the classified annex
accompanying the Department of Defense Appropriations Act,
2019.
Central Intelligence Agency Retirement and Disability System Fund
The agreement provides $514,000,000 for the Central
Intelligence Agency Retirement and Disability Fund.
Intelligence Community Management Account
The agreement provides $522,424,000, a decrease of
$16,700,000 below the budget request, for the Intelligence
Community Management Account.
TITLE VIII--GENERAL PROVISIONS
The agreement incorporates general provisions which were
not amended. Those general provisions that were addressed in
the agreement are as follows:
(TRANSFER OF FUNDS)
The agreement retains a provision proposed by the Senate
which provides general transfer authority not to exceed
$4,000,000,000. The House bill contained a similar provision.
The agreement retains a provision proposed by the House
which identifies tables as Explanation of Project Level
Adjustments. The Senate bill contained a similar provision.
The agreement modifies a provision proposed by the House
which places restrictions on multiyear procurement contracts.
The Senate bill contained a similar provision.
The agreement retains a provision proposed by the House
regarding management of civilian personnel of the Department of
Defense. The Senate bill contained a similar provision.
(TRANSFER OF FUNDS)
The agreement retains a provision proposed by the Senate
which provides general transfer authority for the purpose of
implementing the Pilot Mentor-Protege Program. The House bill
contained a similar provision.
The agreement retains a provision proposed by the House
regarding limitations on the use of funds to purchase anchor
and mooring chains. The Senate bill contained no similar
provision.
The agreement retains a provision proposed by the Senate
which restricts the use of funds used for the support of any
nonappropriated funds activity that procures malt beverages and
wine. The House bill contained no similar provision.
The agreement retains a provision proposed by the House
regarding incentive payments authorized by the Indian Financing
Act of 1974. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the Senate
which prohibits funding from being used to establish new
Department of Defense Federally Funded Research and Development
Centers with certain limitations. The House bill contained a
similar provision.
The agreement retains a provision proposed by the House
which prohibits the use of funds to disestablish, close,
downgrade from host to extension center, or place a Senior
Reserve Officers' Training Corps program on probation. The
Senate bill contained no similar provision.
The agreement retains a provision proposed by the Senate
which provides funds for the Asia Pacific Regional Initiative
Program for the purpose of enabling the Pacific Command to
execute Theater Security Cooperation activities. The House bill
contained no similar provision.
The agreement retains a provision proposed by the House
regarding mitigation of environmental impacts on Indian lands
resulting from Department of Defense activities. The Senate
bill contained a similar provision.
(RESCISSIONS)
The agreement modifies a provision proposed by the House
recommending rescissions and provides for the rescission of
$2,508,005,000. The Senate bill contained a similar provision.
The rescissions agreed to are:
2011 Appropriations:
Shipbuilding and Conversion, Navy:
DDG-51 Destroyer............................. $94,000,000
CVN Refueling Overhauls (AP)................. 4,000,000
2012 Appropriations:
Shipbuilding and Conversion, Navy:
DDG-51 Destroyer............................. 66,000,000
LPD-17....................................... 13,000,000
Joint High Speed Vessel...................... 8,000,000
2017 Appropriations:
Aircraft Procurement, Army:
Utility f/w aircraft......................... 16,000,000
Aircraft Procurement, Navy:
F/A-18 E/F production support and ILS........ 38,894,000
Other Procurement, Navy:
Ship missile support equipment--Nulka decoy.. 32,344,000
Aircraft Procurement, Air Force:
KC-46A tanker................................ 135,640,000
F-22 increment 3.2b.......................... 2,000,000
C-130J....................................... 8,900,000
UH-1N replacement............................ 3,037,000
VC-25A modifications......................... 20,100,000
Space Procurement, Air Force:
Spacelift Range System Space................. 5,000,000
Other Procurement, Air Force:
Personal safety and rescue equipment......... 12,000,000
Classified program........................... 25,000,000
Classified program........................... 7,300,000
Defense Health Program, Procurement:
JOMIS carryover.............................. 2,413,000
2018 Appropriations:
Missile Procurement, Army:
Guided MLRS rocket........................... 80,000,000
Weapons and Tracked Combat Vehicles, Army:
Bradley program.............................. 190,000,000
Common remotely operated weapons station..... 10,000,000
M2 50 cal machine gun modifications.......... 10,506,000
Other Procurement, Army:
Joint light tactical vehicle................. 24,390,000
Signal modernization program................. 15,000,000
Indirect fire protection family of systems... 25,000,000
Aircraft Procurement, Navy:
E-2D Series.................................. 11,761,000
V-22 (Medium Lift)........................... 14,600,000
Weapons Procurement, Navy:
Tomahawk..................................... 115,657,000
Other Procurement, Navy:
Ship missile support equipment--Nulka decoy.. 22,400,000
Ship missile support equipment--ESSM missile 14,200,000
launcher upgrade............................
Aircraft Procurement, Air Force:
MQ-9--GCS.................................... 72,000,000
B-IB--integrated battle station.............. 28,000,000
F-16--communication suite upgrade............ 19,916,000
E-3--electronic protection................... 22,139,000
MQ-9 modifications--DAS-4 upgrades........... 10,600,000
Initial spares/repair parts--MQ-9 reaper DAS- 14,600,000
4 spares....................................
RQ-4 post production charges--MS-177A........ 28,000,000
Missile Procurement, Air Force:
Missile replacement equipment--ballistic..... 5,200,000
Space Procurement, Air Force:
FAB-T........................................ 20,000,000
WGS--Pathfinder 4............................ 41,000,000
GPS III space segment........................ 20,400,000
Evolved Expendable Launch Capability......... 68,250,000
Air Force Satellite Communications Systems... 5,000,000
Spacelift Range System Space................. 10,000,000
Evolved Expendable Launch Vehicle (Space).... 53,450,000
Procurement of Ammunition, Air Force:
General purpose bombs........................ 17,100,000
Other Procurement, Air Force:
Classified program........................... 81,000,000
Classified program........................... 17,500,000
Classified program........................... 25,000,000
Research, Development, Test and Evaluation, Army:
Landmine warfare and barrier--adv dev........ 20,000,000
Cyberspace operations forces and force 5,676,000
support.....................................
Infantry support weapons..................... 18,689,000
Infantry support weapons..................... 22,500,000
Army tactical command and control hardware 4,848,000
and software................................
Indirect fire protection capability increment 5,000,000
2...........................................
Joint light tactical vehicle ED.............. 5,677,000
Combat vehicle improvement programs--Bradley. 40,000,000
Information systems security program--COMSEC 68,730,000
equipment...................................
Research, Development, Test and Evaluation, Air
Force:
HC/MC-130 Recap.............................. 20,300,000
Minuteman Squadrons.......................... 7,000,000
MQ-9......................................... 5,400,000
Protected Tactical Service................... 5,000,000
Protected SATCOM Services.................... 12,000,000
Space Fence.................................. 8,000,000
JSpOC mission support........................ 30,000,000
JSTARS Recap................................. 380,000,000
B-2 Squadrons................................ 13,000,000
Special tactics/combat control............... 4,500,000
Weather System Follow-on..................... 5,388,000
Research, Development, Test and Evaluation,
Defense-Wide:
Classified program (USD (P))................. 25,000,000
Defense Health Program, Procurement:
DHMS carryover............................... 215,000,000
The agreement retains a provision proposed by the House
restricting procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin. The
Senate bill contained no similar provision.
The agreement retains a provision proposed by the Senate
which makes funds available to maintain competitive rates at
the arsenals. The House bill contained no similar provision.
The agreement retains a provision proposed by the House
which provides funding to the United Service Organizations and
the Red Cross. The Senate bill contained a similar provision.
(TRANSFER OF FUNDS)
The agreement modifies a provision proposed by the House
which provides funding to the Sexual Assault Special Victims'
Counsel Program. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the Senate
which restricts certain funds used to procure end-items. The
House bill contained a similar provision.
The agreement retains a provision proposed by the House
which prohibits funding for real property and family housing
maintenance. The Senate bill contained no similar provision.
(TRANSFER OF FUNDS)
The agreement retains a provision proposed by the Senate
which directs that up to $1,000,000 from Operation and
Maintenance, Navy shall be available for transfer to the John
C. Stennis Center for Public Service Development Trust Fund.
The House bill contained no similar provision.
The agreement modifies a provision proposed by the House
which provides a grant to the Fisher House Foundation, Inc. The
Senate bill contained no similar provision.
The agreement retains a provision proposed by the Senate
which prohibits funds from being used to modify Fleet Forces
Command command and control relationships, with an exception.
The House bill contained no similar provision.
(RESCISSION)
The agreement modifies a provision proposed by the House
which reduces funding to the Foreign Currency Fluctuations,
Defense account. The Senate bill contained no similar
provision.
The agreement retains a provision proposed by the House
for the rapid acquisition and deployment of supplies and
associated support services. The Senate bill contained a
similar provision.
The agreement retains a provision proposed by the House
which prohibits changes to the Army Contracting Command--New
Jersey without prior notification. The Senate bill contained no
similar provision.
The agreement modifies a provision proposed by the House
which prohibits funds for transfers in contravention of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the Senate
which limits funding to Rosoboronexport. The House bill
contained a similar provision.
The agreement retains a provision proposed by the House
which prohibits funds from being used for the purchase or
manufacture of a United States flag unless such flags are
treated as covered items under section 2533a(b) of title 10,
U.S.C. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the Senate
which requires the Secretary to submit reports regarding the
National Instant Criminal Background Check System. The House
bill contained no similar provision.
The agreement modifies a provision proposed by the House
which provides for ex gratia payments incidental to combat
operations. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the House
that requires the Secretary of Defense to post grant awards on
a public website in a searchable format. The Senate bill
contained a similar provision.
The agreement retains a provision proposed by the House
regarding funding for flight demonstration teams at locations
outside the United States. The Senate bill contained no similar
provision.
The agreement retains a provision proposed by the House
that prohibits the use of funds to implement the Arms Trade
Treaty until the treaty is ratified by the Senate. The Senate
bill contained a similar provision.
The agreement retains a provision proposed by the Senate
that prohibits the use of funds to transfer administrative
responsibility to another Federal agency. The House bill
contained a similar provision.
The agreement retains a provision proposed by the Senate
which provides funding for the National Defense Reserve Fleet.
The House bill contained no similar provision.
The agreement retains a provision proposed by the House
that prohibits introducing armed forces into Iraq in
contravention of the War Powers Act. The Senate bill contained
no similar provision.
The agreement retains a provision proposed by the House
which limits the use of funds for the T-AO Fleet Oiler program.
The Senate bill contained a similar provision.
The agreement modifies a provision proposed by the House
regarding fuel costs. The Senate bill contained no similar
provision.
The agreement retains a provision proposed by the Senate
which prohibits funds from the Defense Acquisition Workforce
Development Fund to be transferred to the Rapid Prototyping
Fund or credited to a military department specific fund. The
House bill contained no similar provision.
The agreement retains a provision proposed by the House
which prohibits the use of funds for gaming or entertainment
that involves nude entertainers. The Senate bill contained no
similar provision.
The agreement retains a provision proposed by the Senate
which makes funding available for a project in a country
designated by the Secretary. The House bill contained no
similar provision.
The agreement retains a provision proposed by the House
which prohibits the use of funds for Base Realignment and
Closure. The Senate bill contained no similar provision.
The agreement modifies a provision proposed by the Senate
which is new and prohibits funding to deliver F-35 aircraft to
the Republic of Turkey, except in accordance with Section 1282
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019. The House bill contained no similar
provision.
(TRANSFER OF FUNDS)
The agreement modifies a provision proposed by the House
which grants the Secretary of Defense the authority to use
funds for Office of Personnel Management background
investigations. The Senate bill contained a similar provision.
The agreement retains a provision proposed by the House
which makes funds available through the Office of Economic
Adjustment for transfer to the Secretary of Education, to make
grants to construct, renovate, repair, or expand elementary and
secondary public schools on military installations. The Senate
bill contained no similar provision.
The agreement retains a provision proposed by the House
regarding certain types of assisted reproductive services. The
Senate bill contained no similar provision.
The agreement retains a provision proposed by the House
which prohibits the use of funds to provide arms, training, or
other assistance to the Azov Battalion. The Senate bill
contained no similar provision.
The agreement retains a provision proposed by the House
which prohibits the use of funds to purchase heavy water from
Iran. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House
which is new and reduces funding for Operation and Maintenance,
Army to reflect excess cash balances. The Senate bill contained
no similar provision.
The agreement retains a provision proposed by the House
which is new and reduces funding for Operation and Maintenance,
Navy to reflect excess cash balances. The Senate bill contained
no similar provision.
The agreement retains a provision proposed by the House
which is new and prohibits items for ceremonial honors pending
a determination by the Secretary. The Senate bill contained no
similar provision.
The agreement modifies a provision proposed by the House
which is new and allows funding for procurement or research,
development, test and evaluation to modify up to six certain
Joint Strike Fighter aircraft to a test configuration. The
Senate bill contained no similar provision.
The agreement retains a provision proposed by the House
which is new and allows death gratuity payments as authorized
in subchapter II of chapter 75 of title 10, United States Code.
The Senate bill contained a similar provision.
The agreement retains a provision proposed by the House
which is new and prohibits the migration of data and
applications to the proposed Joint Enterprise Data
Infrastructure or the Defense Enterprise Office Solutions cloud
computing services until the Secretary meets certain
requirements. The Senate bill contained no similar provision.
The agreement retains a provision proposed by the Senate
which is new and prohibits funding for contractual agreements
to any corporation that has any unpaid Federal tax liability.
The House bill contained no similar provision.
The agreement retains a provision proposed by the Senate
which is new and prohibits funding for assistance to the
Islamic Republic of Iran. The House bill contained no similar
provision.
The agreement retains a provision proposed by the Senate
which is new and makes available funding to reimburse the
Government of the Republic of Palau. The House bill contained
no similar provision.
The agreement retains a provision proposed by the House
which is new and prohibits funding in contravention of
Executive Order No. 13175 or section 1501.2(d)(2) of title 40,
Code of Federal Regulations. The Senate bill contained no
similar provision.
The agreement modifies a provision proposed by the Senate
which is new and related to certain environmental remediation
activities. The House bill contained no similar provision.
TITLE IX--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
The agreement provides $67,914,000,000 in Title IX,
Overseas Contingency Operations/Global War on Terrorism.
REPORTING REQUIREMENTS
The agreement includes a number of reporting requirements
related to contingency operations and building capacity
efforts. The conferees direct the Secretary of Defense to
continue to report incremental costs for all named operations
in the Central Command Area of Responsibility on a quarterly
basis and to submit, also on a quarterly basis, commitment,
obligation, and expenditure data for the Afghanistan Security
Forces Fund, the Counter-Islamic State of Iraq and Syria Train
and Equip Fund, and for all security cooperation programs
funded under the Defense Security Cooperation Agency in the
Operation and Maintenance, Defense-Wide account.
Military Personnel
The agreement provides $4,660,661,000 for Military
Personnel, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Operation and Maintenance
The agreement provides $49,478,483,000 for Operation and
Maintenance, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
KURDISH PESHMERGA
The Peshmerga forces of the Kurdistan Region of Iraq have
made, and continue to make, significant contributions to the
United States-led campaign to degrade, dismantle, and
ultimately defeat the Islamic State of Iraq and Syria (ISIS) in
Iraq. A lasting defeat of ISIS is critical to maintaining a
stable and tolerant Iraq in which all faiths, sects, and
ethnicities are afforded equal protection and full integration
into the government and society of Iraq.
In support of counter-ISIS operations and in conjunction
with the central government of Iraq, the United States should
provide the Ministry of Peshmerga forces of the Kurdistan
Region of Iraq $290,000,000 in operational sustainment, so that
the Peshmerga forces can more effectively partner with the
Iraqi Security Forces, the United States, and other
international coalition members to consolidate gains, hold
territory, and protect infrastructure from ISIS and its
affiliates in an effort to deal a lasting defeat to ISIS and
prevent its reemergence in Iraq.
AFGHANISTAN SECURITY FORCES FUND BUDGET SUBMISSION REQUIREMENTS
The conferees appreciate the efforts of the Department of
Defense to comply with prior year direction to provide detailed
execution information concurrent with the budget request and
Financial Activity Plan (FAP) submissions for the Afghanistan
Security Forces Fund (ASFF) appropriation. However, the
Department remains unable to provide an accurate accounting of
current and prior year spending at the budget justification
request line level, which challenges effective congressional
budget analysis and oversight. The conferees are also concerned
that the budget flexibility allowed with the ASFF appropriation
has led to unclear funding requirements and a lack of budget
discipline and risks wasteful spending.
Therefore, the conferees continue to direct that the
Secretary of Defense shall provide budget justification
materials that include the budget request amount, the prior
year appropriated amount, and the actual obligation amount by
line item for the prior two years. In addition, concurrent with
the submission of each FAP, the Secretary of Defense shall
provide the congressional defense committees with line item
detail of planned funding movements within each ASFF sub-
activity group using line item titles from the appropriate
year's budget justification submission. Any line item that did
not appear in the budget justification submission shall be
delineated as a new line item in the line item detail
accompanying the FAP.
The conferees agree to forgo the more stringent
reprogramming requirements outlined in Senate Report 115-290 in
order to provide the Department more time to improve the ASFF
budget submission. However, the House and Senate Appropriations
Committees intend to revisit this issue during the fiscal year
2020 budget appropriation process if budget justification
material continues to be deficient.
Procurement
The agreement provides $12,627,028,000 for Procurement,
as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Research, Development, Test and Evaluation
The agreement provides $1,193,394,000 for Research,
Development, Test and Evaluation, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Revolving and Management Funds
The agreement provides $15,190,000 for Revolving and
Management Funds, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY.................................. 6,600 6,600 6,600 6,600
WORKING CAPITAL FUND, DEFENSE-WIDE.......................... 8,590 8,590 8,590 8,590
---------------------------------------------------
TOTAL, DEFENSE WORKING CAPITAL FUNDS.................... 15,190 15,190 15,190 15,190
----------------------------------------------------------------------------------------------------------------
Other Department of Defense Programs
Defense Health Program
The agreement provides $352,068,000 for the Defense
Health Program, as follows:
EXPLANATION OF PROJECT LEVEL ADJUSTMENTS
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
IN-HOUSE CARE............................................... 72,627 72,627 72,627 72,627
PRIVATE SECTOR CARE......................................... 277,066 277,066 277,066 277,066
CONSOLIDATED HEALTH SUPPORT................................. 2,375 2,375 2,375 2,375
---------------------------------------------------
TOTAL, OPERATION AND MAINTENANCE........................ 352,068 352,068 352,068 352,068
----------------------------------------------------------------------------------------------------------------
Drug Interdiction and Counter-Drug Activities, Defense
The agreement provides $153,100,000 for Drug Interdiction
and Counter-drug Activities, Defense.
Office of the Inspector General
The agreement provides $24,692,000 for the Office of the
Inspector General.
General Provisions--This Title
The agreement for title IX incorporates general
provisions which were not amended. Those general provisions
that were addressed in the agreement are as follows:
(TRANSFER OF FUNDS)
The agreement retains a provision proposed by the Senate
which provides for special transfer authority within title IX.
The House bill contained a similar provision.
The agreement retains a provision proposed by the House
which provides funds for military commanders in Afghanistan to
respond to urgent, limited humanitarian relief. The Senate bill
contained a similar provision.
The agreement retains a provision proposed by the House
which provides security assistance to the Government of Jordan.
The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House
which prohibits the use of the Counter-Islamic State of Iraq
and Syria Train and Equip Fund to procure or transfer man-
portable air defense systems. The Senate bill contained no
similar provision.
The agreement retains a provision proposed by the House
which provides assistance and sustainment to the military and
national security forces of Ukraine. The Senate bill contained
no similar provision.
The agreement retains a provision proposed by the House
related to the replacement of funds for items provided to the
Government of Ukraine. The Senate bill contained no similar
provision.
The agreement retains a provision proposed by the House
which prohibits the use of assistance and sustainment to the
military and national security forces of Ukraine to procure or
transfer man-portable air defense systems. The Senate bill
contained no similar provision.
The agreement retains a provision proposed by the Senate
which is new and allows equipment purchased for, and not yet
transferred to, entities within Syria, to be transferred to
other authorized foreign security forces. The House bill
contained no similar provision.
(TRANSFER OF FUNDS)
The agreement modifies a provision proposed by the House
which provides funds to the Department of Defense to improve
intelligence, surveillance, and reconnaissance capabilities.
The Senate bill contained no similar provision.
The agreement retains a provision proposed by the House
which prohibits introducing armed forces into Syria in
contravention of the War Powers Act. The Senate bill contained
no similar provision.
(RESCISSIONS)
The agreement modifies a provision proposed by the House
recommending rescissions and provides for the rescission of
$1,340,616,000. The Senate bill contained a similar provision.
The rescissions agreed to are:
2017 Appropriations:
Procurement of Ammunition, Navy and Marine Corps:
Ammunition less than $5 million.............. $2,216,000
2018 Appropriations:
Operation and Maintenance, Defense-Wide:
Coalition Support Fund....................... 800,000,000
DSCA security cooperation.................... 150,000,000
Counter-ISIS Train and Equip Fund:
Counter-ISIS Train and Equip Fund............ 300,000,000
Aircraft Procurement, Air Force:
HC/MC-130 modifications...................... 88,400,000
The agreement retains a provision proposed by the Senate
which requires the President to designate all Overseas
Contingency Operations/Global War on Terrorism funds as such.
The House bill contained a similar provision.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DIVISION B--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019
In implementing this conference agreement, the
Departments and agencies should be guided by the language and
instructions set forth in House Report 115-862 and Senate
Report 115-289.
Where the joint explanatory statement accompanying this
Act speaks to an issue that was addressed in the House or
Senate reports, the statement should supersede the language in
the House or Senate reports. In cases where the House Report
and the Senate Report address a particular issue not
specifically cited in the statement, the House Report and the
Senate Report should be complied with and carry the same
emphasis as the language included in the statement. In
providing the operating plan required by section 516 of this
Act, the Departments and agencies funded in this Act are
directed to include all programs, projects, and activities,
including those in House Report 115-862, Senate Report 115-289,
and this joint explanatory statement accompanying this Act. All
such programs, projects, and activities are subject to the
provisions of this Act.
Each department and agency funded in this Act shall
follow the directions set forth in this Act and the
accompanying statement, and shall not reallocate resources or
reorganize activities except as provided herein. Funds for
individual programs and activities are displayed in the
detailed table at the end of the joint explanatory statement
accompanying this Act. Funding levels that are not displayed in
the detailed table are identified within this statement. Any
action to eliminate or consolidate programs, projects, and
activities should be pursued through a proposal in the
President's Budget so it can be considered by the Committees on
Appropriations of the House of Representatives and the Senate.
Congressional Reports.--Each Department and agency is
directed to provide the Committees on Appropriations of the
House of Representatives and the Senate, within 30 days from
the date of enactment of this Act and quarterly thereafter, a
summary describing each requested report to the Committees on
Appropriations along with its status.
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
Apprenticeship Grants.--The conferees include
$160,000,000 to support Apprenticeship Grants, an increase of
$15,000,000 above fiscal year 2018, to expand support for the
apprenticeship program created in fiscal year 2016. The
conferees direct the Department to submit a report to the
Committees on Appropriations of the House of Representatives
and the Senate providing detail on entities awarded funding,
selection criteria used, and the funding amount for each grant
or contract awarded at the time such awards are made. No later
than September 30, 2019, the Department shall provide the
Committees on Appropriations a detailed spend plan of
anticipated uses of funds made available, including estimated
administrative costs.
Dislocated Workers National Reserve.--The conferees
direct the Department to comply with the requirements included
in Senate Report 115-289 for dislocated worker training in the
Appalachian and Delta regions.
Technical Assistance.--The conferees direct the
Department to include estimates of ongoing needs for technical
assistance funding, including core technical assistance
activities and activities related to Workforce Innovation and
Opportunity Act support, over the ten year budget period in the
fiscal year 2020 Congressional Justification.
Reintegration of Ex-offenders.--The conferees direct the
Department to use funding to support efforts in high-crime,
high-poverty areas and, in particular, communities that are
seeking to address relevant impacts and root causes of civil
unrest and high levels of community violence.
JOB CORPS
The conferees urge the Department to continue to ensure
effective contract management and administration, including
performance reporting and delivery of services.
The conferees direct the Secretary to submit a report to
the Committees on Appropriations of the House of
Representatives and the Senate prior to July 1, 2019 that
includes a copy of the interagency agreement between the
Secretary of Labor and the Secretary of Agriculture relating to
the Civilian Conservation Centers, a list of all active
Civilian Conservation Centers and contractors administering
such Centers, and a cumulative record of the funding provided
to Civilian Conservation Centers during the 10 years preceding
the date of the report. In addition, such report should
include, for each Civilian Conservation Center, the funds
allocated to the Civilian Conservation Center; the number of
enrollment slots maintained, disaggregated by gender and by
residential or nonresidential training type, the career
technical training offerings available, the staffing levels and
staffing patterns at the Civilian Conservation Center; and the
number of Career Technical Skills Training slots available.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
The conferees direct the Department to submit a report to
the Committees on Appropriations of the House of
Representatives and the Senate, no later than 180 days after
the date of enactment of this Act, on the implementation of the
plan to reduce improper payments published by the Department of
Labor in the fiscal year 2017 Agency Financial Report. The
report shall identify barriers to the reduction of improper
payments that may require Congressional action to address.
The conferees include $9,000,000 for the Unemployment
Insurance Integrity Center of Excellence (UIICE). The conferees
provide $6,000,000 for the benefit of States to the entity
operating the UIICE. The conferees direct the Department to
focus on proven strategies and continue to test innovative
approaches to reducing improper payments in the Unemployment
Insurance system. The UIICE should continue its work to address
improper payments in the Unemployment Insurance program and,
with the support of the Department, to assist States to adopt
best practices to identify and prevent improper payments before
they occur.
Notwithstanding the directive in the House Report 115-862
to limit the use of Employment Service appropriations for
administrative purposes to 20 percent, the conferees direct the
Department to collect data on the use of Employment Service
funding for administrative purposes at the State and local
levels, as well as the amount used for local program services.
The Department shall make the data publicly available together
with program performance information on its website.
Office of Foreign Labor Certification.--The conferees
include $8,250,000 for the implementation of the Northern
Mariana Islands U.S. Workforce Act of 2018 (P.L. 115-218).
Pension Benefit Guaranty Corporation
The conferees include new bill language modified from the
budget request that provides contingent funding for credit
monitoring services in the event of a security breach exceeding
$250,000.
Occupational Safety and Health Administration (OSHA)
The conferees direct OSHA to publish Funding Opportunity
Notices for fiscal year 2019 funds for the Susan Harwood
Training Grant program no later than June 30, 2019.
Departmental Management
The conferees include $13,750,000 for the Women's Bureau
and modify language related to the availability of funding for
activities authorized by the Women in Apprenticeship and
Nontraditional Occupations Act. The conferees intend the
$13,750,000 provided be used by the Women's Bureau for
important issues facing women in the labor force.
VETERANS EMPLOYMENT AND TRAINING
The conferees include $500,000 for the initiation of the
HIRE Vets Medallion Program authorized by the Honoring
Investments in Recruiting and Employing American Military
Veterans Act of 2017.
The conferees include $3,500,000 for a new pilot within
the Transition Assistance Program to prepare transitioning
service members for apprenticeship programs and to assist them
with placement services.
General Provisions
The conferees modify a provision related to the
rescission of funds.
The conferees include a new provision related to the
Working Capital Fund.
The conferees include a new provision related to H-1B
fees.
TITLE II
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
PRIMARY HEALTH CARE
Health Centers.--Of the available funding for fiscal year
2019, bill language directs that not less than $200,000,000
shall be for making supplemental awards to improve the quality
of care under section 330(d) of the Public Health Service Act
to expand and improve access to quality mental health and
substance use disorder prevention and treatment services
nationwide.
Native Hawaiian Health Care.--The conferees include not
less than $17,500,000 for the Native Hawaiian Health Care
Program.
HEALTH WORKFORCE
Advanced Education Nursing.--The conferees include
$8,000,000 to continue grants for the clinical training of
sexual assault nurse examiners as described in Senate Report
115-289.
Behavioral Health Workforce Education and Training.--
Funding is included to support the mental health and substance
abuse workforce and eligible entities under the Behavioral
Health Workforce Education and Training program, including
Master's level social workers, psychologists, counselors,
marriage and family therapists, psychiatric mental health nurse
practitioners, occupational therapists, psychology doctoral
interns, and behavioral health paraprofessionals. HRSA should
continue to encourage all eligible health professions to apply
when applicable and ensure funding for eligible entities,
including social work. HRSA should maintain the integrity of
this program through an open competition for all eligible
entities.
Graduate Medical Education.--The conferees include
$25,000,000 to support colleges of medicine at public
universities located in the top quintile of States projected to
have a primary care provider shortage. The conferees direct
HRSA to give priority to applications from universities located
in States with the greatest number of Federally-recognized
Tribes. The conferees direct HRSA to give priority to
applications from public universities with a demonstrated
public-private partnership.
Mental and Behavioral Health Education Training.--The
conferees include $18,000,000 within the amount provided to
Mental and Behavioral Health Education Training for Graduate
Psychology Education.
National Health Service Corps.--The conferees include
$105,000,000 for the National Health Service Corps to expand
and improve access to quality health care and substance use
disorder treatment in rural and other underserved areas
nationwide. The conferees continue eligibility for loan
repayment awards through the National Health Service Corps for
substance use disorder counselors. Of the amount provided, the
conferees include $15,000,000 for the Rural Communities Opioid
Response within the Office of Rural Health and $15,000,000 for
placement at health care facilities within the Indian Health
Service.
Oral Health Training.--The conferees include not less
than $12,000,000 for General Dentistry Programs and not less
than $12,000,000 for Pediatric Dentistry Programs. The
conferees direct HRSA to provide continuation funding for
predoctoral and postdoctoral training grants initially awarded
in fiscal year 2015, and for section 748 Dental Faculty Loan
Program grants initially awarded in fiscal years 2016, 2017,
and 2018. The conferees continue to support awards with a
preference for pediatric dentistry faculty supervising dental
students or residents and providing clinical services in dental
clinics located in dental schools, hospitals, and community-
based affiliated sites.
MATERNAL AND CHILD HEALTH
Autism and Other Developmental Disorders.--The conferees
include $50,599,000 for the Autism and Other Developmental
Disorders program and provides not less than $33,500,000 for
the Leadership Education in Neurodevelopmental and Related
Disabilities program.
Children's Health and Development.--The conferees include
$3,500,000 within Special Projects of Regional and National
Significance (SPRANS) for another year of the HRSA funded study
focused on improving child health through a Statewide system of
early childhood developmental screenings and interventions.
Healthy Start.--The conferees include an increase of
$12,000,000 for Healthy Start as part of the new initiative to
reduce maternal mortality. The conferees provide this funding
to support nurse practitioners, certified nurse midwives,
physician assistants, and other maternal-child advance practice
health professionals at all program sites nationwide as
described under this heading in Senate Report 115-289.
Heritable Disorders Program.--The conferees provide
$16,383,000 for the Heritable Disorders Program, of which
$2,000,000 is provided for newborn screening for Severe
Combined Immune Deficiency and related disorders.
Infant-Toddler Court Teams.--The conferees include
$3,000,000 within the total provided for SPRANS for
continuation of the cooperative agreement, which provides
ongoing training and technical assistance, implementation
support, and evaluation research to support research-based
Infant-Toddler Court Teams.
Maternal Mortality.--The conferees include $23,000,000
within SPRANS for State Maternal Health Innovation Grants to
establish demonstrations to implement evidence-based
interventions to address critical gaps in maternity care
service delivery and reduce maternal mortality, as described
under this heading in Senate Report 115-289. Within this
amount, the conferees include up to $1,000,000 for awarding
grants for the purchase and implementation of telehealth
services. Such amount may include pilots and demonstrations for
the use of electronic health records or other necessary
technology and equipment (including ultrasound machines or
other technology and equipment that may be useful for the care
of pregnant women) and may support efforts to coordinate
obstetric care between pregnant women living in rural areas and
their providers. In addition to this $23,000,000, the conferees
include $3,000,000 within SPRANS to expand implementation of
the Alliance for Innovation in Maternal Health Initiative's
maternal safety bundles to all U.S. States, the District of
Columbia, and U.S. territories, as well as tribal entities.
Set-asides within SPRANS.--The conferees include the
following set-asides within SPRANS. Within the set-aside for
Oral Health, $250,000 is provided for activities described in
House Report 115-862.
------------------------------------------------------------------------
FY 2019
Budget Activity Conference
------------------------------------------------------------------------
Set-aside for Oral Health............................ $5,250,000
Set-aside for Epilepsy............................... 3,642,000
Set-aside for Sickle Cell Disease.................... 3,000,000
Set-aside for Fetal Alcohol Syndrome................. 477,000
------------------------------------------------------------------------
HEALTH CARE SYSTEMS
Office of Pharmacy Affairs.--The conferees urge the
Office of Pharmacy Affairs (OPA) to complete the development of
a secure website. Within 90 days from the date of enactment of
this Act, the conferees direct OPA to issue a report to
Congress on its progress implementing these security measures.
RURAL HEALTH
Delta States Rural Development Network Grant Program.--
The conferees encourage HRSA to continue to consult with the
Delta Regional Authority (DRA) on the awarding, implementing,
administering, and monitoring of grants under the Delta States
Network Grant Program in fiscal year 2019. In addition, of the
funds provided, the conferees provide $8,000,000 to support
HRSA's collaboration with the DRA to continue DRA's program to
help underserved rural communities identify and better address
their healthcare needs and to help small rural hospitals
improve their financial and operational performance. Within 90
days from the date of enactment of this Act, the conferees
direct HRSA and DRA to provide a joint briefing to the
Committees on Appropriations of the House of Representatives
and the Senate on the program's progress.
Rural Communities Opioids Response.--The conferees
include $120,000,000 to continue the Rural Communities Opioids
Response program. The conferees provide funds to support
treatment for and prevention of substance use disorder,
focusing on rural communities with the highest risk for
substance use disorders. Funds should support activities as
described in Senate Report 115-289. In addition to funds
provided under this heading, the conferees direct that up to
$15,000,000 of the amount provided to the National Health
Service Corps be used as part of the Rural Communities Opioids
Response program. Within the funding provided, the conferees
include an increase of $20,000,000 for the establishment of
three Rural Centers of Excellence (Centers) on substance use
disorders as directed by Senate Report 115-289. The Centers
should provide scientific and technical assistance to county
and State health departments and other entities as identified
seeking guidance on how to address the substance use disorder
challenges in their community. HRSA is directed to establish
one such Center at an academic university, in a rural State
where the U.S. Census Bureau defines over 60 percent of the
population as rural. In addition, the university should be
connected to an associated medical school that is already
utilizing a collaborative approach to behavioral health care,
with partnerships between the university and medical school,
and the State has an effective, systems-wide approach to
addiction treatment, such as the hub and spoke model. In
addition, one Center shall be a public-private partnership
between a nonprofit and an academic university to provide
technical assistance and best practices on the development of
recovery housing programs for substance use disorder
intervention. This Center shall serve multiple States and be
based on an intervention model with a demonstrated track
record, including multi-year outcomes data conducted by an
academic research institution. Furthermore, the Center shall
focus on best practices for successful substance use disorder
intervention for low income, high-risk individuals, including
those who have been involved with the criminal justice system.
Finally, one Center shall be at an academic university located
in a State included in the Delta Regional Authority or
Appalachian Regional Commission with an overdose death rate for
synthetic opioids as determined by the Centers for Disease
Control and Prevention higher than a 150 percent change between
2015 and 2016.
Rural Health Outreach.--The conferees include not more
than $12,000,000 for Outreach Service Grants; not more than
$15,300,000 for Rural Network Development Grants; not less than
$20,000,000 for Delta States Network Grant Program; not less
than $2,400,000 for Network Planning Grants; and not less than
$6,400,000 for Small Healthcare Provider Quality Improvement
Grants.
Telehealth.--The conferees include $1,000,000 through the
Telehealth Network grant program to fund awards that use
evidence-based practices that promote school safety and
individual health, mental health, and well-being. The grants
should provide assessment and referrals for health, mental
health, or substance use disorders services to students who may
be struggling with behavioral or mental health issues. In
addition, grants should provide training and support to
teachers, school counselors, administrative staff, school
resource officers, and other relevant staffs to identify,
refer, and intervene to help students experiencing mental
health needs or who are considering harming themselves or
others.
PROGRAM MANAGEMENT
Oral Health Literacy.--The conferees include $250,000 for
the development of an oral health awareness and education
campaign across relevant HRSA divisions, including the Health
Centers Program, Oral Health Workforce, Maternal and Child
Health, Ryan White HIV/AIDS Program, and Rural Health. The
conferees direct HRSA to identify oral health literacy
strategies that are evidence-based and focused on oral
healthcare prevention and education, including prevention of
oral disease such as early childhood and other caries,
periodontal disease, and oral cancer. The conferees expect the
Chief Dental Officer to play a key role in the design,
monitoring, oversight, and implementation of this project.
Centers for Disease Control and Prevention
The conferees include $7,947,741,000 in total program
level funding for the Centers for Disease Control and
Prevention (CDC), which includes $7,143,241,000 in
discretionary budget authority and $804,500,000 in transfers
from the Prevention and Public Health (PPH) Fund.
IMMUNIZATION AND RESPIRATORY DISEASES
The conferees include a total of $798,405,000 for
Immunization and Respiratory Diseases, which includes
$477,855,000 in discretionary appropriations and $320,550,000
in transfers from the PPH Fund. Within this total, the
conferees include the following amounts:
------------------------------------------------------------------------
FY 2019
Budget Activity Conference
------------------------------------------------------------------------
Section 317 Immunization Program..................... $610,847,000
Influenza Planning and Response...................... 187,558,000
------------------------------------------------------------------------
HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES AND
TUBERCULOSIS PREVENTION
The conferees include $1,132,278,000 for HIV/AIDS, Viral
Hepatitis, Sexually Transmitted Diseases, and Tuberculosis
Prevention. Within this total, the conferees include the
following amounts:
------------------------------------------------------------------------
FY 2019
Budget Activity Conference
------------------------------------------------------------------------
Domestic HIV/AIDS Prevention and Research............ $788,712,000
HIV Prevention by Health Departments............. 397,161,000
HIV Surveillance................................. 119,861,000
Activities to Improve Program Effectiveness...... 103,208,000
National, Regional, Local, Community, and Other 135,401,000
Organizations...................................
School Health.................................... 33,081,000
Viral Hepatitis...................................... 39,000,000
Sexually Transmitted Infections...................... 157,310,000
Tuberculosis......................................... 142,256,000
Infectious Diseases and the Opioid Epidemic.......... 5,000,000
------------------------------------------------------------------------
Infectious Diseases and the Opioid Epidemic.--The
conferees include $5,000,000 for a new initiative targeting
infectious disease consequences of the opioid epidemic. The
conferees direct CDC to focus efforts on improving
surveillance, treatment, and education efforts around hepatitis
B, hepatitis C, and HIV infections as it relates to the opioid
epidemic. CDC is directed to prioritize funding for those areas
most at risk for outbreaks of HIV and hepatitis due to
injection drug use.
EMERGING AND ZOONOTIC INFECTIOUS DISEASES
The conferees include $620,372,000 for Emerging and
Zoonotic Infectious Diseases, which includes $568,372,000 in
discretionary appropriations and $52,000,000 in transfers from
the PPH Fund. Within this total, the conferees include the
following amounts:
------------------------------------------------------------------------
FY 2019
Budget Activity Conference
------------------------------------------------------------------------
Core Infectious Diseases............................. $424,800,000
Antibiotic Resistance Initiative................. 168,000,000
Lab Safety and Quality........................... 8,000,000
Vector-Borne Diseases............................ 38,603,000
Lyme Disease..................................... 12,000,000
Prion Disease.................................... 6,000,000
Chronic Fatigue Syndrome......................... 5,400,000
Emerging Infectious Diseases..................... 156,957,000
All Other Infectious Diseases.................... 29,840,000
Food Safety.......................................... 60,000,000
National Healthcare Safety Network................... 21,000,000
Quarantine........................................... 31,572,000
Advanced Molecular Detection......................... 30,000,000
Epidemiology and Lab Capacity program................ 40,000,000
Healthcare-Associated Infections..................... 12,000,000
Harmful Algal Blooms................................. 1,000,000
------------------------------------------------------------------------
Harmful Algal Blooms.--The conferees provide $1,000,000
to enhance harmful algal bloom exposure activities, including
surveillance, mitigation, and event response efforts, with a
priority given to geographic locations subject to a state of
emergency designation related to toxic algae blooms within the
past 12 months.
Lyme Disease.--The conferees provide $12,000,000, an
increase of $1,300,000, for Lyme disease activities.
CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION
The conferees include $1,187,771,000 for Chronic Disease
Prevention and Health Promotion, which includes $932,821,000 in
discretionary appropriations and $254,950,000 in transfers from
the PPH Fund. Within this total, the conferees include the
following amounts:
------------------------------------------------------------------------
FY 2019
Budget Activity Conference
------------------------------------------------------------------------
Tobacco.............................................. $210,000,000
Nutrition, Physical Activity, and Obesity............ 56,920,000
High Obesity Rate Counties....................... 15,000,000
School Health........................................ 15,400,000
Health Promotion..................................... 19,000,000
Glaucoma......................................... 4,000,000
Visual Screening Education....................... 1,000,000
Alzheimer's Disease.............................. 5,500,000
Inflammatory Bowel Disease....................... 1,000,000
Interstitial Cystitis............................ 1,000,000
Excessive Alcohol Use............................ 4,000,000
Chronic Kidney Disease........................... 2,500,000
Prevention Research Centers.......................... 25,461,000
Heart Disease and Stroke............................. 140,062,000
Diabetes............................................. 148,129,000
National Diabetes Prevention Program................. 25,300,000
Cancer Prevention and Control........................ 371,549,000
Breast and Cervical Cancer........................... 218,000,000
WISEWOMAN........................................ 21,120,000
Breast Cancer Awareness for Young Women.............. 4,960,000
Cancer Registries.................................... 51,440,000
Colorectal Cancer.................................... 43,294,000
Comprehensive Cancer................................. 19,675,000
Johanna's Law........................................ 7,500,000
Ovarian Cancer....................................... 10,000,000
Prostate Cancer...................................... 13,205,000
Skin Cancer.......................................... 3,000,000
Cancer Survivorship Resource Center.................. 475,000
Oral Health.......................................... 19,000,000
Safe Motherhood/Infant Health........................ 58,000,000
Preterm Birth.................................... 2,000,000
Maternal Mortality Review Committees............. 12,000,000
Arthritis and Other Chronic Disease.................. 27,000,000
Arthritis........................................ 11,000,000
Epilepsy......................................... 8,500,000
National Lupus Patient Registry.................. 7,500,000
Racial and Ethnic Approaches to Community Health 55,950,000
(REACH).............................................
Good Health and Wellness in Indian Country....... 21,000,000
Million Hearts....................................... 4,000,000
National Early Child Care Collaboratives............. 4,000,000
Hospitals Promoting Breastfeeding.................... 8,000,000
------------------------------------------------------------------------
Barriers to Care for Childhood Cancer Survivors.--Not
later than 18 months from the date of enactment of this Act,
the Comptroller General shall submit a report as stated in
section 236 of division B of H.R. 6157 as passed by the Senate
on August 23, 2018.
Farm to School.--The conferees include $2,000,000 within
Nutrition, Physical Activity, and Obesity for research and
education activities related to farm to school programs that
result in promoting healthy eating habits for students.
High Obesity Counties.--The conferees provide $15,000,000
to address obesity in counties as described in Senate Report
115-289.
Maternal Mortality Review Committees.--The conferees
provide $12,000,000 for Maternal Mortality Review Committees as
described in Senate Report 115-289.
Racial and Ethnic Approaches to Community Health
(REACH).--The conferees include $55,950,000 for the REACH
program. Within the total, $34,950,000 is provided for the
third year of a five-year cooperative agreement for community
programs and $21,000,000 is for Good Health and Wellness in
Indian Country, as described in House Report 115-862.
Safe Motherhood and Infant Health.--The conferees include
funding at the fiscal year 2018 level for the teen pregnancy
prevention cooperative agreement.
BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES
The conferees include $155,560,000 for Birth Defects and
Developmental Disabilities. Within this total, the conferees
include the following amounts:
------------------------------------------------------------------------
FY 2019
Budget Activity Conference
------------------------------------------------------------------------
Child Health and Development......................... $65,800,000
Birth Defects.................................... 19,000,000
Fetal Death...................................... 900,000
Fetal Alcohol Syndrome........................... 11,000,000
Folic Acid....................................... 3,150,000
Infant Health.................................... 8,650,000
Autism........................................... 23,100,000
Health and Development for People with Disabilities.. 62,660,000
Disability & Health.............................. 30,000,000
Tourette Syndrome................................ 2,000,000
Early Hearing Detection and Intervention......... 10,760,000
Muscular Dystrophy............................... 6,000,000
Attention Deficit Hyperactivity Disorder......... 1,900,000
Fragile X........................................ 2,000,000
Spina Bifida..................................... 6,000,000
Congenital Heart Failure......................... 4,000,000
Public Health Approach to Blood Disorders............ 4,400,000
Hemophilia CDC Activities............................ 3,500,000
Hemophilia Treatment Centers......................... 5,100,000
Thalassemia.......................................... 2,100,000
Neonatal Abstinence Syndrome......................... 2,000,000
Surveillance for Emerging Threats to Mothers and 10,000,000
Babies..............................................
------------------------------------------------------------------------
Physical Activity for People with Disabilities.--The
conferees provide $30,000,000, an increase of $3,000,000, in
Disability and Health, as described in Senate Report 115-289.
Neonatal Abstinence Syndrome.--The conferees provide
$2,000,000 for activities related to neonatal abstinence
syndrome as directed in section 246 of division B of H.R. 6157
as passed by the Senate on August 23, 2018.
Surveillance for Emerging Threats to Mothers and
Babies.--The conferees include $10,000,000 to support CDC's
continued collaboration with State, tribal, territorial, and
local health departments to monitor mothers and babies impacted
by the Zika virus during pregnancy in the highest risk
jurisdictions. This funding will allow CDC to pilot the Zika
surveillance/registry system in additional jurisdictions to
capture data on other emerging public health threats to mothers
and babies, such as opioid use during pregnancy, natural
disasters, and pandemic influenza.
PUBLIC HEALTH SCIENTIFIC SERVICES
The conferees include a total of $496,397,000 for Public
Health Scientific Services. Within this total, the conferees
include the following amounts:
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FY 2019
Budget Activity Conference
------------------------------------------------------------------------
Health Statistics.................................... $160,397,000
Surveillance, Epidemiology, and Informatics.......... 285,000,000
Lab Training..................................... 5,000,000
Public Health Workforce.............................. 51,000,000
------------------------------------------------------------------------
National Neurological Conditions Surveillance System.--
The conferees provide $5,000,000 for the establishment of the
National Neurological Conditions Surveillance System as
authorized in the 21st Century Cures Act (P.L. 114-255).
Primary Immunodeficiencies.--The conferees include an
increase of $1,000,000 for the Office of Public Health Genomics
to support existing efforts to enhance education and awareness
of primary immunodeficiencies.
ENVIRONMENTAL HEALTH
The conferees include $209,350,000 for Environmental
Health programs, which includes $192,350,000 in discretionary
appropriations and $17,000,000 in transfers from the PPH Fund.
Within this total, the conferees include the following amounts:
------------------------------------------------------------------------
FY 2019
Budget Activity Conference
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Environmental Health Laboratory...................... $65,750,000
Newborn Screening Quality Assurance Program...... 16,000,000
Newborn Screening for SCID....................... 1,250,000
Other Environmental Health....................... 48,500,000
Environmental Health Activities...................... 44,600,000
Safe Water....................................... 8,600,000
Amyotrophic Lateral Sclerosis Registry........... 10,000,000
Climate Change................................... 10,000,000
All Other Environmental Health................... 16,000,000
Environmental and Health Outcome Tracking Network.... 34,000,000
Asthma............................................... 29,000,000
Trevor's Law......................................... 1,000,000
Childhood Lead Poisoning............................. 35,000,000
------------------------------------------------------------------------
Trevor's Law.--The conferees provide $1,000,000 to
develop guidelines for investigation of potential cancer
clusters as outlined in section 399V-6(c) of the Public Health
Service Act.
INJURY PREVENTION AND CONTROL
The conferees include $648,559,000 for Injury Prevention
and Control activities. Within this total, the conferees
include the following amounts:
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FY 2019
Budget Activity Conference
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Intentional Injury................................... $102,730,000
Domestic Violence and Sexual Violence............ 32,700,000
Child Maltreatment........................... 7,250,000
Youth Violence Prevention........................ 15,100,000
Domestic Violence Community Projects............. 5,500,000
Rape Prevention.................................. 49,430,000
National Violent Death Reporting System.............. 23,500,000
Unintentional Injury................................. 8,800,000
Traumatic Brain Injury........................... 6,750,000
Elderly Falls.................................... 2,050,000
Injury Prevention Activities......................... 28,950,000
Opioid Overdose Prevention and Surveillance.......... 475,579,000
Injury Control Research Centers...................... 9,000,000
------------------------------------------------------------------------
Opioid Prescription Drug Overdose (PDO) Prevention
Activity.--The conferees include $475,579,000 for the CDC's PDO
activities, the same as thefiscal year 2018 funding level. CDC
shall continue to use the provided funds to advance the understanding
of the opioid overdose epidemic and scale up prevention activities
across all 50 states, Washington, D.C., territories, and Tribes, as
well as extend eligibility to local health departments. In addition,
CDC shall use $10,000,000 of the funds provided to conduct a nationwide
opioid awareness and education campaign. The conferees direct CDC to
adhere to guidance included in House report 115-862 and Senate report
115-289 relating to the CDC's PDO activities.
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH
The conferees include a total of $336,300,000 for the
National Institute for Occupational Safety and Health in
discretionary appropriations. Within this total, the conferees
include the following amounts:
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FY 2019
Budget Activity Conference
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National Occupational Research Agenda................ $116,000,000
Agriculture, Forestry, Fishing................... 25,500,000
Education and Research Centers....................... 29,000,000
Personal Protective Technology....................... 20,000,000
Mining Research...................................... 59,500,000
National Mesothelioma Registry and Tissue Bank....... 1,200,000
Firefighter Cancer Registry.......................... 1,000,000
Other Occupational Safety and Health Research........ 109,600,000
------------------------------------------------------------------------
Coal Workers' Health Surveillance.--CDC shall provide a
report on the Coal Workers' Surveillance Program as outlined in
section 238 of division B of H.R. 6157 as passed by the Senate
on August 23, 2018.
Firefighter Cancer Registry.--The conferees provide
$1,000,000 to implement the Firefighter Cancer Registry Act of
2018 (P.L. 115-194).
Mesothelioma.--The conferees provide $100,000 to initiate
a feasibility study for a patient registry, which would include
developing case finding methodology to determine incidence and
prevalence, demographics, and risk factors. The conferees
expect CDC to submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
after conclusion of the feasibility study.
Total Worker Health.--The conferees provide funding in
the Other Occupational Safety and Health Research line to
continue to support the Total Worker Health program at not less
than the fiscal year 2018 level.
GLOBAL HEALTH
The conferees include $488,621,000 for Global Health
activities. Within this total, the conferees include the
following amounts:
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FY 2019
Budget Activity Conference
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Global AIDS Program.................................. $128,421,000
Global Immunization Program.......................... 226,000,000
Polio Eradication................................ 176,000,000
Measles and Other Vaccine Preventable Diseases... 50,000,000
Parasitic Diseases/Malaria........................... 26,000,000
Global Public Health Protection...................... 108,200,000
Global Disease Detection and Emergency Response.. 98,400,000
Global Public Health Capacity.................... 9,800,000
------------------------------------------------------------------------
PUBLIC HEALTH PREPAREDNESS AND RESPONSE
The conferees include $1,465,200,000 for public health
preparedness and response activities. Within this total, the
conferees include the following amounts:
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FY 2019
Budget Activity Conference
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Public Health Emergency Preparedness Cooperative $675,000,000
Agreement...........................................
Academic Centers for Public Health Preparedness...... 8,200,000
CDC Preparedness and Response........................ 171,800,000
BioSense......................................... 23,000,000
All Other CDC Preparedness....................... 149,000,000
Strategic National Stockpile......................... 610,000,000
------------------------------------------------------------------------
Strategic National Stockpile (SNS).--The conferees direct
the Secretary to ensure that the administrative transition of
the SNS from CDC to ASPR covers any programmatic or funding
gaps that would hinder CDC's ability to continue their ongoing
activities related to the SNS or any other ongoing activity.
The conferees reiterate that the Secretary is directed to
maintain a strong and central role for CDC in the medical
countermeasures enterprise.
BUILDINGS AND FACILITIES
The conferees include $30,000,000 for Buildings and
Facilities.
CDC-WIDE ACTIVITIES
The conferees include $323,570,000 for CDC-wide
activities, which includes $163,570,000 in discretionary
appropriations and $160,000,000 in transfers from the PPH Fund.
Within this total, the conferees include the following amounts:
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FY 2019
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------------------------------------------------------------------------
Preventive Health and Health Services Block Grant.... $160,000,000
Infectious Disease Rapid Response Reserve Fund....... 50,000,000
Public Health Leadership and Support................. 113,570,000
------------------------------------------------------------------------
National Institutes of Health
The conferees provide $39,084,000,000 for the National
Institutes of Health (NIH), including $711,000,000 from the
21st Century Cures Act (P.L. 114-255), an increase of
$2,000,000,000, or 5.4 percent, above fiscal year 2018.
The conferees continue the commitment to funding research
on Alzheimer's disease and increase funding by $425,000,000 to
a total of $2,340,000,000 in fiscal year 2019; increase funding
for the All of Us precision medicine initiative by $86,000,000;
increase funding for the Brain Research through Advancing
Innovative Neurotechnologies (BRAIN) Initiative by $29,000,000;
and increase funding for the Cancer Moonshot by $100,000,000.
Other increases are described in the Institute and Center
headings below. In addition, the conferees provide a funding
increase above fiscal year 2018 to every Institute and Center
to continue investments in research that will save lives, lead
to new drug and device development, reduce health care costs,
and improve the lives of all Americans.
The conferees appropriate funds authorized in the 21st
Century Cures Act (P.L. 114-255). Per the authorization,
$400,000,000 is transferred to the National Cancer Institute
(NCI) for cancer research; $57,500,000 to the National
Institute of Neurological Disorders and Stroke (NINDS) and
$57,500,000 to the National Institute on Mental Health (NIMH)
for the BRAIN Initiative; and $196,000,000 will be allocated
from the NIH Innovation Fund for the Precision Medicine
Initiative cohort ($186,000,000) and regenerative medicine
research ($10,000,000).
The Common Fund is supported as a set-aside within the
Office of the Director at $606,566,000, plus an additional
$12,600,000 to support pediatric research as authorized by the
Gabriella Miller Kids First Research Act (P.L. 113-94).
NATIONAL CANCER INSTITUTE (NCI)
Access to Clinical Trials.--The conferees direct NCI to
conduct a study to investigate the impact of providing
navigation and direct patient expense reimbursement associated
with participation in cancer clinical trials on enrollment,
retention, patient outcomes, and research outcomes, including
among underrepresented and minority communities. NCI shall
assess the impact on the overall cost of cancer clinical trials
as a component of this study. NCI is encouraged to develop the
study in consultation with NCI-designated Cancer Centers, the
National Clinical Trials Network, the NCI Community Research
Program, and non-profit foundations currently working in this
area. The conferees direct NIH to provide a description of
NCI's plans for this study to the Committees on Appropriations
of the House of Representatives and the Senate within 90 days
from the date of enactment of this Act.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE (NINDS)
Opioids Research.--The conferees continue to provide
$500,000,000 in dedicated funding for research related to
opioid addiction, development of opioid alternatives, pain
management, and addiction treatment. Funding is provided
equally to NINDS and the National Institute on Drug Abuse
(NIDA) and is in addition to the $774,000,000 NIH is expected
to spend in base funding for opioid misuse and addiction
treatment as well as pain research.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES (NIAID)
Combating Antibiotic-Resistant Bacteria.--The conferees
provide $550,000,000 for antibiotic resistance research, an
increase of $37,000,000 above fiscal year 2018.
Universal Influenza Vaccine.--The conferees direct NIAID
to allocate not less than $140,000,000, an increase of
$40,000,000, in fiscal year 2019 to advance basic,
translational, and clinical research necessary to develop a
universal influenza vaccine. The conferees encourage NIAID to
continue to prioritize investment in the basic and clinical
scientific research necessary to develop a universal influenza
vaccine.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES (NIGMS)
Institutional Development Awards (IDeA).--The conferees
provide $361,573,000 for IDeA, an increase of $10,998,000.
NATIONAL INSTITUTE ON DRUG ABUSE (NIDA)
Opioids Research.--The conferees continue to provide
$500,000,000 in dedicated funding for research related to
opioid addiction, development of opioid alternatives, pain
management, and addiction treatment. Funding is provided
equally to NINDS and NIDA and is in addition to the
$774,000,000 NIH is expected to spend in base funding for
opioid misuse and addiction treatment as well as pain research.
NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES (NIMHD)
Research Centers in Minority Institutions (RCMIs).--The
conferees continue to support the core mission of RCMIs to
enhance the research capacity of minority serving institutions
to conduct world-class biomedical research that emphasizes
minority health and health disparities and to develop new
investigators in this area. The conferees expect RCMIs to
receive not less than the fiscal year 2018 level with an
increase commensurate with the general increase for NIMHD.
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES
Clinical and Translational Science Awards (CTSA).--The
conferees provide $559,736,000 for the CTSA program, an
increase of $17,025,000 above fiscal year 2018.
Cures Acceleration Network.--The conferees provide up to
$80,000,000 for the Cures Acceleration Network.
OFFICE OF THE DIRECTOR (OD)
Frontotemporal Degeneration (FTD).--The conferees
encourage NIH to maintain and expand a multi-site
infrastructure and network of clinical sites to extend the
study of genetic and sporadic FTD cohorts. By supporting this
research, researchers may increase our knowledge of the natural
history of the disease and build an infrastructure for
biomarker discovery and clinical trials in defined FTD cohorts.
A key component of this will be to leverage recent advances in
information technology to create an infrastructure for FTD
research that will collect and record data and samples in a
uniform manner, incorporate patient-reported data, and take
advantage of new technologies that enable remote monitoring.
Development of a data biosphere that supports broad sharing of
robust datasets, generated with powerful -omic platforms, will
enable the broader community of researchers, including younger
investigators and scientists from a wide array of fields, to
bring their expertise and intellectual curiosity to bear on the
challenges currently confronting the Alzheimer's disease and
related dementias disorders. In this way, the conferees hope to
accelerate the understanding of basic disease mechanisms that
may be common across forms of dementia and speed the
translation of this information into much-needed therapeutics.
Gabriella Miller Kids First Research Act.--The conferees
continue bill language for specific funds authorized by the
Gabriella Miller Kids First Research Act (P.L. 113-94) within
the Common Fund to support the fifth year of the 10-year
Pediatric Research Initiative. The conferees request an update
in the fiscal year 2020 Congressional Justification on this
effort as described in the House and Senate Reports.
OIG Oversight.--The conferees direct the OD to transfer
$5,000,000 to the HHS Office of Inspector General (OIG) to
support increased oversight of NIH's grant programs. These
funds are in addition to the resources OIG currently dedicates
to oversight of NIH. The conferees direct the Inspector General
to submit a comprehensive audit plan for its oversight of NIH
for fiscal years 2019 and 2020 to the Committee on
Appropriations of the House of Representatives and the Senate,
the Senate Committee on Health, Education, Labor and Pensions,
and the House Committee on Energy and Commerce not later than
60 days from the date of enactment of this Act, and to brief
the Committees on its implementation. In particular, the
conferees direct the OIG to examine NIH's oversight of its
grantees' compliance with NIH policies, including NIH efforts
to ensure the integrity of its grant application evaluation and
selection processes. The conferees also direct the OIG to
examine the effectiveness of NIH's and grantee institutions'
efforts to protect intellectual property derived from NIH-
supported research.
Portfolio Analysis.--The conferees direct the NIH
Director to conduct a comprehensive study and submit a report
to Congress not later than one year from the date of enactment
of this Act that: (1) includes a portfolio analysis of current
funding levels for mental health and substance use disorder,
and (2) identifies the process by which the NIH set funding
priorities for mental health and substance use disorder
programs, including how NIH takes into account newly developed
public health needs, disease burden, emerging scientific
opportunities, and scientific progress.
Executive Employee Performance Bonuses.--The conferees
direct the NIH Director to provide the Committees on
Appropriations of the House of Representatives and the Senate
with information not later than ten days from thedate of
enactment of this Act showing the bonus that each NIH executive
employee was eligible to receive in fiscal years 2015, 2016, and 2017,
and the portion of that bonus that each executive ultimately received
in each of those three years. In addition, the conferees direct NIH to
list all of the employees who report directly to the Director, and
describe the formal and informal processes the Director uses to provide
regular feedback to his direct reports and assess their performance.
Finally, the conferees direct NIH to describe the process it relies
upon to ensure executive performance plans are as much as possible
based upon specific performance results and measurable outcomes.
Trisomy 21.--The conferees applaud the NIH for
significantly increasing its investment in Down syndrome
research and for the NIH Director's leadership in advancing the
trans-NIH initiative the Committees included in the fiscal year
2018 appropriation. The conferees direct NIH to continue to
make investments in Down syndrome research that prioritize
funding for both research grants and early-stage investigators
that will expand the current pipeline of Down syndrome
research, as well as the implementation of the new trans-NIH
initiative. In addition, the conferees encourage NIH to
prioritize funding for research for emerging scientific
opportunities to improve the health and neurodevelopment of
individuals with Down syndrome and typical individuals at risk
for immune system dysregulation, Alzheimer's disease, cancer,
cardiovascular disease, and autism.
Valley Fever.--The conferees understand that based on the
recommendation of the independent Data and Safety Monitoring
Board (DSMB) for the Valley Fever Randomized Controlled Trial
(RCT), NIAID has halted enrollment in the RCT due to lack of
patient enrollment, primarily those with Valley Fever. In light
of this, the DSMB recommended revising the study protocol.
Accordingly, the conferees direct NIAID to revise expeditiously
the study design to address the critical need for effective
treatment of Valley Fever in order to restart enrolling
patients before the end of 2018, including increasing the
number of participating healthcare provider enrollment sites.
Furthermore, the conferees direct NIAID to work with
stakeholders to develop and implement a plan to maximize the
number of health care provider patient enrollment sites and
raise awareness of this study with the broader public with the
goal of increasing patient enrollment. The conferees direct
NIAID to provide updates on the Valley Fever RCT revisions on a
quarterly basis to the Committees on Appropriations of the
House of Representatives and the Senate until patient
enrollment is restarted, as well as a report on maximizing
health care provider enrollment sites and public awareness
plans to increase patient enrollment in the revised RCT within
90 days from the date of enactment of this Act.
Substance Abuse and Mental Health Services Administration (SAMHSA)
The conferees strongly encourage SAMHSA to include as
eligible applicants in new funding opportunity announcements,
States, political subdivisions of States, Indian tribes or
tribal organizations, health facilities, or programs operated
by or in accordance with a contract or grant with the Indian
Health Service, or other public or private nonprofit
organizations. The conferees strongly encourage SAMHSA to
exercise maximum flexibility when developing funding
opportunity announcements to ensure that all eligible
applicants may apply.
MENTAL HEALTH
Certified Community Behavioral Health Clinics.--The
conferees include $150,000,000 for the Certified Community
Behavioral Health Clinics program. SAMHSA should award funds in
accordance with the directives found under this heading in
Senate Report 115-289.
National Child Traumatic Stress Initiative.--The
conferees include an increase of $10,000,000 for the National
Child Traumatic Stress Initiative. This increase is for the
following activities, which are subject to the first proviso
under this heading in the accompanying bill language: (1)
$4,000,000 for mental health services for unaccompanied alien
children, with a special focus on children who were separated
from a parent or family unit and subsequently classified as
unaccompanied alien children, (2) $3,000,000 for mental health
services for children in Puerto Rico, (3) $1,000,000 to expand
access to tribal populations, and (4) $2,000,000 for activities
authorized under section 582(d) and (e) of the Public Health
Service Act. In order to award funds not later than December 1,
2018, the conferees direct SAMHSA to take administrative action
that would provide supplemental awards to existing grantees in
the National Child Traumatic Stress Network who have already
received Federal funding through a competitive process.
Within the total provided for Mental Health Programs of
Regional and National Significance (PRNS), the conferees
include the following amounts:
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FY 2019
Budget Activity Conference
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Capacity:
Seclusion and Restraint.......................... $1,147,000
Project Aware State Grants....................... 71,001,000
Mental Health Awareness Training................. 20,963,000
Healthy Transitions.............................. 25,951,000
Infant and Early Childhood Mental Health......... 5,000,000
Children and Family Programs..................... 7,229,000
Consumer and Family Network Grants............... 4,954,000
Mental Health System Transformation and Health 3,779,000
Reform..........................................
Project LAUNCH................................... 23,605,000
Primary and Behavioral Health Care Integration... 49,877,000
National Strategy for Suicide Prevention......... 11,200,000
Zero Suicide................................. 9,200,000
American Indian and Alaskan Native....... 2,200,000
Suicide Lifeline................................. 12,000,000
Garrett Lee Smith--Youth Suicide Prevention-- 35,427,000
States..........................................
Garrett Lee Smith--Youth Suicide Prevention-- 6,488,000
Campus..........................................
American Indian and Alaskan Native Suicide 2,931,000
Prevention Initiative...........................
Homelessness Prevention Programs................. 30,696,000
Tribal Behavioral Grants......................... 20,000,000
Minority AIDS.................................... 9,224,000
Criminal and Juvenile Justice Programs........... 4,269,000
Assisted Outpatient Treatment.................... 15,000,000
Assertive Community Treatment for Individuals 5,000,000
with Serious Mental Illness.....................
Science and Service:
Garrett Lee Smith--Suicide Prevention Resource 5,988,000
Center..........................................
Practice Improvement and Training................ 7,828,000
Primary/Behavioral Health Integration T.A........ 1,991,000
Consumer & Consumer Support T.A. Centers......... 1,918,000
Minority Fellowship Program...................... 8,059,000
Disaster Response................................ 1,953,000
Homelessness..................................... 2,296,000
------------------------------------------------------------------------
Project AWARE.--Within the amount provided for Project
AWARE, the conferees include not less than $10,000,000 for
discretionary grants as described in Senate Report 115-289.
Suicide Lifeline.--The conferees include $12,000,000 for
the National Suicide Prevention Lifeline, an increase of
$4,802,000. The conferees support efforts to expand and enhance
access to the suicide lifeline nationwide.
SUBSTANCE ABUSE TREATMENT
State Opioid Response Grants.--The conferees include
$1,500,000,000 for grants to States to address the opioid
crisis. Bill language provides $50,000,000 for grants to Indian
tribes or tribal organizations. In addition, bill language
includes a 15 percent set-aside for States with the highest
age-adjusted mortality rate related to opioid use disorders.
The conferees direct SAMHSA to adhere to the directives under
this heading in Senate Report 115-289.
Within the total provided for Substance Abuse Treatment
Programs of Regional and National Significance, the conferees
include the following amounts:
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FY 2019
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Capacity:
Opioid Treatment Programs/Regulatory Activities.. $8,724,000
Screening, Brief Intervention, Referral, and 30,000,000
Treatment.......................................
PHS Evaluation Funds......................... 2,000,000
Targeted Capacity Expansion--General............. 100,192,000
Medication-Assisted Treatment for 89,000,000
Prescription Drug and Opioid Addiction......
Grants to Prevent Prescription Drug/Opioid 12,000,000
Overdose........................................
First Responder Training......................... 36,000,000
Rural Set-aside.............................. 18,000,000
Improving Access to Overdose Treatment........... 1,000,000
Pregnant and Postpartum Women.................... 29,931,000
Building Communities of Recovery................. 6,000,000
Recovery Community Services Program.............. 2,434,000
Children and Families............................ 29,605,000
Treatment Systems for Homeless................... 36,386,000
Minority AIDS.................................... 65,570,000
Criminal Justice Activities...................... 89,000,000
Drug Courts.................................. 70,000,00
Science and Service:
Addiction Technology Transfer Centers............ 9,046,000
Minority Fellowship Program...................... 4,789,000
------------------------------------------------------------------------
Grants to Prevent Prescription Drug/Opioid Overdose and
First Responder Training.--The conferees encourage SAMHSA to
ensure grantees incorporate robust evidence based intervention
training and facilitate linkage to treatment and recovery
services.
Medication-Assisted Treatment for Prescription Drug and
Opioid Addiction.--The conferees include $89,000,000 for the
Medication-Assisted Treatment for Prescription Drug and Opioid
Addiction program. Within this amount, the conferees include
$10,000,000 for grants to Indian tribes, tribal organizations,
or consortia.
Report on Medication-Assisted Treatment.--Not later than
180 days from the date of enactment of this Act, the Assistant
Secretary shall submit a report on medication-assisted
treatment as described in section 242 of division B of H.R.
6157 as passed by the Senate on August 23, 2018.
Volcanic Eruption.--The Assistant Secretary shall provide
technical assistance to any State or county impacted by a
volcanic eruption as stated in section 245 of division B of
H.R. 6157 as passed by the Senate on August 23, 2018.
SUBSTANCE ABUSE PREVENTION
The conferees direct all funding appropriated explicitly
for substance abuse prevention purposes both in the Center for
Substance Abuse Prevention's PRNS lines as well as the funding
from the 20 percent prevention set-aside in the Substance Abuse
Prevention and Treatment Block Grant be used only for bona fide
substance abuse prevention programs and not for any other
purpose.
Within the total provided for Substance Abuse Prevention
Programs of Regional and National Significance, the conferees
include the following amounts:
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FY 2019
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Capacity:
Strategic Prevention Framework/Partnerships for $119,484,000
Success.........................................
Strategic Prevention Framework Rx............ 10,000,000
Mandatory Drug Testing........................... 4,894,000
MinorityAIDS..................................... 41,205,000
Sober Truth on Preventing Underage Drinking (STOP 8,000,000
Act)............................................
National Adult-Oriented Media Public Service 1,000,000
Campaign....................................
Community-based Coalition Enhancement Grants. 6,000,000
Intergovernmental Coordinating Committee on 1,000,000
the Prevention of Underage Drinking.........
Tribal Behavioral Health Grants.................. 20,000,000
Science and Service:
Center for the Application of Prevention 7,493,000
Technologies....................................
Science and Service Program Coordination......... 4,072,000
Minority Fellowship Program...................... 321,000
------------------------------------------------------------------------
Center for the Application of Prevention Technologies.--
The conferees encourage the Assistant Secretary to expand
eligibility for grants under SAMHSA's Prevention Programs of
Regional and National Significance and the corresponding
services provided by the Center for the Application of
Prevention Technologies to private, non-profit, regional
organizations, including faith-based organizations. In
addition, the conferees direct SAMHSA to submit a report on
this program, including the rationale behind the structural and
organizational changes, by September 30, 2019.
HEALTH SURVEILLANCE AND PROGRAM SUPPORT
Within the total provided for health surveillance and
program support, the conferees include the following amounts:
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FY 2019
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Health Surveillance.................................. $47,258,000
PHS Evaluation Funds............................. 30,428,000
Program Management................................... 79,000,000
Performance and Quality Information Systems.......... 10,000,000
Drug Abuse Warning Network........................... 10,000,000
Public Awareness and Support......................... 13,000,000
Behavioral Health Workforce Data..................... 1,000,000
PHS Evaluation Funds............................. 1,000,000
------------------------------------------------------------------------
Agency for Healthcare Research and Quality
HEALTHCARE RESEARCH AND QUALITY
The conferees provide $338,000,000 for the Agency for
Healthcare Research and Quality. Within the total, the
conferees include the following amounts:
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FY 2019
Budget Activity Conference
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Prevention/Care Management........................... 11,649,000
Health Information Technology (IT)................... 16,500,000
Patient Safety Research.............................. 72,276,000
Health Services Research, Data, and Dissemination.... 96,284,000
Medical Expenditure Panel Survey..................... 69,991,000
Program Management................................... 71,300,000
------------------------------------------------------------------------
Within the patient safety portfolio, the conferees
include $2,000,000 to support grants to address diagnostic
errors, which may include the establishment of Research Centers
of Diagnostic Excellence to develop systems and new technology
solutions to improve diagnostic safety and quality.
Population Health Research.--The conferees provide
$2,000,000 for the Director, in consultation with the Centers
for Medicare & Medicaid Services, to establish a program to
explore the effectiveness of data computing analytics to
identify trends in chronic disease management and support the
development of protocols for intervention and utilization of
health care navigators to carry out those intervention
strategies. The Director shall work in cooperation with
qualified public institutions of higher education.
Centers for Medicare & Medicaid Services (CMS)
PROGRAM MANAGEMENT
Health Insurance Exchange Transparency.--The conferees
continue to include bill language in section 220 that requires
CMS to provide cost information for the following categories:
Federal Payroll and Other Administrative Costs; Exchange-
related Information Technology (IT); Non-IT Program Costs,
including Health Plan Benefit and Rate Review, Exchange
Oversight, Payment and Financial Management, Eligibility and
Enrollment; Consumer Information and Outreach, including the
Call Center, Navigator Grants and Consumer Education and
Outreach; Exchange Quality Review; Small Business Health
Options Program and Employer Activities; and Other Exchange
Activities. Cost information should be provided for each fiscal
year since the enactment of the Patient Protection and
Affordable Care Act (P.L. 111-148). CMS is also required to
include the estimated costs for fiscal year 2020.
Report on Certain Payments.--The conferees direct the
Secretary to provide a report as stated in section 251 of
division B of H.R. 6157 as passed by the Senate on August 23,
2018.
Administration for Children and Families (ACF)
LOW INCOME HOME ENERGY ASSISTANCE
The conferees include an increase of $50,000,000 for the
Low Income Home Energy Assistance Program. This program
provides critical assistance with home energy costs to low-
income households, with a focus on seniors and homes with young
children. Such assistance can be particularly valuable for
geographic regions that experience extreme temperatures in the
winter and summer months.
REFUGEE AND ENTRANT ASSISTANCE
The conferees note that the front matter of this joint
explanatory statement establishes that language included in the
House and Senate Reports should guide the Department. In cases
where either the House or Senate Report address a particular
issue not addressed in this joint explanatory statement, the
House or Senate Report language is deemed to carry the same
emphasis as language included in this joint explanatory
statement. Accordingly, the conferees expect the Department to
adhere to all directives and reporting requirements in House
Report 115-862 and Senate Report 115-289 related to the
Unaccompanied Alien Children and refugee and entrant assistance
programs. The conferees request an update on all reporting
requirements in the fiscal year 2020 Congressional
Justification.
In addition to the directives and reporting requirements
contained in the House and Senate reports, the conferees expect
the Department to adhere to the following directives and
requirements outlined in H.R. 6470, as if they were included in
this joint explanatory statement, sections 235 (relating to
sibling placement), 236 (relating to monthly reporting), 539
(relating to a Sense of Congress), 541 (relating to preliterate
children), and 542 (relating to mental health). For sections
541 and 542, the conferees request the reports described within
45 days from the date of enactment of this Act.
Legal Services.--In addition to expectations described in
Senate Report 115-289, the conferees expect the Office of
Refugee Resettlement to ensure service providers are qualified,
independent, and free from conflicts of interest.
Refugee Support Services.--Given recent fluctuations in
refugee arrivals, consolidation of programs administered by the
Office of Refugee Resettlement, and announced policy changes to
State Department programs related to national resettlement
networks, the Committees on Appropriations of the House of
Representatives and the Senate request a briefing not later
than 45 days after the date of enactment of this Act. Such
briefing shall address the Office of Refugee Resettlement's
plans to ensure adequate services for eligible populations, to
include refugees, asylees, trafficking victims, Cuban or
Haitian entrants, and Special Immigrant Visa holders.
Stop, Observe, Ask, Respond (SOAR) Program.--The
conferees include not less than the fiscal year 2018 level to
carry out the SOAR to Health and Wellness Program to train
health care and social service providers on how to identify,
treat, and respond appropriately to human trafficking.
Transitional and Medical Services.--The conferees provide
a funding level consistent with the current estimate of
eligible arrivals. The conferees affirm the expectations
outlined in Senate Report 115-289, including ACF maintaining
the number of months refugees are eligible for benefits.
Unaccompanied Alien Children and the Administration of
Medication.--Except in the case of a medical emergency, the
Office of Refugee Resettlement of the Administration for
Children and Families shall assure that prior to being
dispensed psychotropic medication, an unaccompanied alien child
(as defined in section 462(g)(2) of the Homeland Security Act
of 2002 (6 U.S.C. 279(g)(2))) in the care of such Office
receives a physical and mental health evaluation, including by
a qualified pediatric mental health professional, including a
trauma assessment and an assessment for comorbidities.
Unaccompanied Alien Children and Questions Relating to
Religion.--None of the funds made available by this Act may be
used by the Office of Refugee Resettlement of the
Administration for Children and Families, or any contractor of
such Office, to ask any question or to gather any information
relating to the religion, the practice of religion, or the
frequency of religious observation of a child who was separated
from a parent or legal guardian and subsequently classified as
an unaccompanied alien child (as defined in section 462(g)(2)
of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) or
of that child's parent or legal guardian, during the process of
reunifying such a child with that parent or legal guardian,
except for the purpose of accommodating the religious
preferences of the child or parent or legal guardian, or for
the purpose of a claim of the child or parent or legal guardian
under the immigration laws (as such term is defined in section
101 of the Immigration and Nationality Act (8 U.S.C. 1101))
related to persecution on the basis of religion.
Victims of Trafficking.--The conferees include
$19,000,000 for services for foreign national victims and
$7,755,000 for services for U.S. citizens and legal permanent
residents.
CHILDREN AND FAMILIES SERVICES PROGRAMS
Child Abuse Prevention and Treatment Act Infant Plans of
Safe Care.--The conferees include $60,000,000 in continued
funding within Child Abuse State Grants to help States develop
and implement plans of safe care as required by section
106(b)(2)(B)(iii) of the Child Abuse Prevention and Treatment
Act. The conferees direct ACF to provide technical assistance
to States on best practices and evidence-based interventions in
this area to help address the health, safety, and substance use
disorder treatment needs of the child and family, and to
evaluate State's activities on plans of safe care.
Child Abuse Reporting.--In order to improve compliance
with the State assurance in regards to section 106(b)(2)(B)(i)
of the Child Abuse Prevention and Treatment Act, the conferees
strongly support efforts by HHS to develop evidence-informed
best practices in State training and procedures to improve
reporting of suspected or known incidents of child abuse or
neglect to the appropriate law enforcement or child welfare
agency (as applicable under State law) and, if applicable, to
the individual's supervisor or employer, including reporting by
individuals employed by or volunteering in youth-serving
organizations. The conferees request an update in the fiscal
year 2020 Congressional Justification on this topic and a
briefing on ACF's child abuse programs within 90 days after the
date of enactment of this Act.
Child Abuse Discretionary Activities.--Within the funding
for Child Abuse Discretionary Activities, the conferees include
$1,000,000 to continue support for an innovation grant to
develop text- and online chat-based intervention and education
services through a national child abuse hotline for child abuse
victims and concerned adults. In addition to funds previously
provided for this purpose, the conferees direct ACF to obligate
the entire funding to support one additional year of the grant.
Community Economic Development.--The conferees direct ACF
to issue a funding opportunity announcement prioritizing
applications from rural areas with high rates of poverty,
unemployment, and substance use disorders.
Early Head Start (EHS).--The conferees include a
$50,000,000 increase for Early Head Start expansion and Early
Head Start-Child Care Partnership (EHS-CCP) grants. The
conferees direct ACF to continue to prioritize equally EHS
Expansion and EHS-CCP, as determined by the needs of local
communities. The conferees request ACF includes information
regarding EHS and EHS-CCP grants in the fiscal year 2020
Congressional Justification.
Native American Programs.--The conferees include
$12,000,000 for Native American language preservation
activities, including $3,000,000 for Generation Indigenous, and
not less than $4,000,000 for language immersion programs
authorized by section 803C(b)(7)(A)-(C) of the Native American
Programs Act.
Runaway and Homeless Youth.--The conferees include
$110,280,000 for the Runaway and Homeless Youth program. The
conferees direct the Department to provide funding to the
grantees whose awards end on March 31, 2019 to continue
services through the end of fiscal year 2019. ACF may use any
remaining funding for new awards after funds have been reserved
for completing extensions to ensure grantees awarded grants in
fiscal year 2014 are able to operate through the end of fiscal
year 2019.
PROMOTING SAFE AND STABLE FAMILIES
Kinship Navigator Programs.--The conferees continue
$20,000,000 in temporary bridge funding for kinship navigator
programs in fiscal year 2019 because the Department has not yet
identified which evidence-based programs are eligible for
funding or issued other guidance to States about how to claim
the IV-E matching funds for this purpose. The conferees expect
HHS to identify eligible approaches and issue guidance in time
for States to use IV-E funds for kinship programs.
Regional Partnership Grants.--The conferees include
$20,000,000 for Regional Partnership Grants to improve the
coordination of services for children and families affected by
opioid and other substance use disorders. The conferees
strongly encourage ACF to prioritize applicants who will focus
on preparingprograms to qualify as evidence-based foster care
prevention services under the Family First Prevention Services Act
(P.L. 115-123), to include family-focused residential treatment
programs, which help families remain together safely while parents
receive treatment.
Administration for Community Living (ACL)
AGING AND DISABILITY SERVICES PROGRAMS
Aging Network Support Activities.--The conferees include
$17,461,000 for Aging Network Support Activities. Within this
amount, the conferees provide $5,000,000 for the Holocaust
Survivor's Assistance program and $5,000,000 for Care Corps
grants as described under this heading in House Report 115-862.
Assistive Technology.--The conferees include $2,000,000
for competitive grants as described under this heading in House
Report 115-862.
Elder Rights Support Activities.--The conferees include
$15,874,000 for Elder Rights Support Activities. Within this
amount, the conferees provide $12,000,000 for the Elder Justice
and Adult Protective Services program.
Developmental Disabilities Projects of National
Significance.--The conferees include $12,000,000 for
Developmental Disabilities Projects of National Significance.
Of this amount, the report provides not less than $1,000,000 to
fund transportation assistance activities for older adults and
persons with disabilities. The transportation activities should
focus on the most cost-effective and sustainable strategies
that can be replicated in other communities.
Family Caregivers.--The conferees include $300,000 to
establish and carry out activities of the Family Caregiving
Advisory Council as authorized under the RAISE Family
Caregivers Act (P.L. 115-119). The conferees also include
$300,000 to establish the Advisory Council to Support
Grandparents Raising Grandchildren as authorized under section
3 of the Supporting Grandparents Raising Grandchildren Act
(P.L. 115-196).
Independent Living.--The conferees include $116,183,000
for the Independent Living program, of which $25,378,000 is for
the Independent Living State Grants program and $90,805,000 is
for the Centers for Independent Living program.
National Institute on Disability, Independent Living, and
Rehabilitation Research.--The conferees include an additional
$4,000,000 to fund competitive research grants as described
under the heading Assistive Technology Research in Senate
Report 115-289.
Paralysis Resource Center.--The conferees include
$8,700,000 for the National Paralysis Resource Center (PRC), an
increase of $1,000,000. The conferees direct ACL to continue
support for the PRC at not less than the fiscal year 2018
level.
Senior Nutrition.--The conferees include $906,753,000 for
senior nutrition programs, an increase of $10,000,000.
Office of the Secretary
GENERAL DEPARTMENTAL MANAGEMENT
Nonrecurring Expenses Fund.--The conferees direct the
Secretary to prioritize obligations from the Nonrecurring
Expenses Fund for the following projects: Indian Health
Services facilities, Cybersecurity, Food and Drug
Administration laboratory renovations, NIH chillers, and the
CDC National Institute for Occupational Safety and Health
facility. The conferees direct the Secretary to include as part
of the NIOSH facility an additional $19,000,000 above
previously notified amounts.
Research on Poverty.--The conferees include sufficient
funding for the Office of the Assistant Secretary for Planning
and Evaluation (ASPE) to continue the existing Poverty Research
Center cooperative agreement in fiscal year 2019. The conferees
expect ASPE to fund the third year of this five-year
cooperative agreement at the same level as fiscal year 2018.
Staffing Reports.--The conferees include a new general
provision requiring the Department to submit a staffing report
to the Committees on Appropriations of the House of
Representatives and the Senate (Committees) by the 15th day of
each month. The Excel table shall include: the names, titles,
grades, agencies, and divisions of all of the political
appointees, special government employees, and detailees that
were employed by or assigned to the Department during the
previous month.
Technical Assistance.--The conferees reiterate the
importance of the long standing relationship between the
Committees and the Department's Office of the Assistant
Secretary for Financial Resources (ASFR). The Committees have
long relied on ASFR to facilitate the Committees' requests for
legal and technical feedback that is not covered by a
legitimate claim of privilege, as well as technical assistance
to ensure the Committees' guidance is implemented as intended.
The Committees expect that all technical assistance requests be
dealt with in a manner that is consistent with past precedent,
including timely answers that respond to any specific
inquiries.
Traumatic Brain Injury.--Not later than one year after
the date of enactment of this Act, the Comptroller General
shall submit a study on the relationship between intimate
partner violence and traumatic brain injury as described in
section 240 of division B of H.R. 6157 as passed by the Senate
on August 23, 2018.
Violence Against Women.--The conferees include $3,100,000
to combat violence against women through the State partnership
initiative.
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION TECHNOLOGY
The Secretary shall provide a status report on rulemaking
as described in section 239 of division B of H.R. 6157 as
passed by the Senate on August 23, 2018.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
The conferees include a program level of $2,021,458,000
for the Public Health and Social Services Emergency Fund. This
funding will support a comprehensive program to prepare for and
respond to the health and medical consequences of all public
health emergencies, including bioterrorism, and support the
cybersecurity efforts of HHS.
General Provisions
Prevention and Public Health Fund.--The conferees include
the following allocation of amounts from the Prevention and
Public Health Fund.
PREVENTION AND PUBLIC HEALTH FUND
------------------------------------------------------------------------
FY 2019
Agency Budget Activity Conference
------------------------------------------------------------------------
ACL Alzheimer's Disease Program............... $14,700,000
ACL Chronic Disease Self-Management........... 8,000,000
ACL Falls Prevention.......................... 5,000,000
CDCBreast Feeding Grants (Hospitals Promoting 8,000,000
Breastfeeding)...........................
CDCDiabetes.................................. 52,275,000
CDCEpidemiology and Laboratory Capacity 40,000,000
Grants...................................
CDCHealthcare Associated Infections.......... 12,000,000
CDCHeart Disease & Stroke Prevention Program. 57,075,000
CDCMillion Hearts Program.................... 4,000,000
CDCOffice of Smoking and Health.............. 129,600,000
CDCPreventative Health and Health Services 160,000,000
Block Grants.............................
CDCSection 317 Immunization Grants........... 320,550,000
CDCLead Poisoning Prevention................. 17,000,000
CDCEarly Care Collaboratives................. 4,000,000
SAMHSA Garrett Lee Smith--Youth Suicide 12,000,000
Prevention...............................
------------------------------------------------------------------------
The conferees include bill language rescinding
unobligated balances.
The conferees include a new provision related to a report
on staffing.
The conferees include a new provision allowing HHS to
cover travel expenses when necessary for employees to obtain
medical care when they are assigned to duty in a location with
a public health emergency.
The conferees include a new provision establishing an
Infectious Disease Rapid Response Reserve Fund within CDC.
The conferees include a new provision relating to
donations for unaccompanied alien children.
The conferees include a new provision requesting a plan
on the reunification of children separated from a parent or
legal guardian.
The conferees include a new provision relating to Members
of Congress and oversight of facilities responsible for the
care of unaccompanied alien children.
TITLE III
DEPARTMENT OF EDUCATION
Innovation and Improvement
Education Innovation and Research (EIR).--Within the
total for EIR, the conferees include $60,000,000 for STEM
education activities, including computer science.
Charter Schools Program.--The conferees include
$135,000,000, an increase of $15,000,000, for replicating and
expanding high-quality charter school models; $235,000,000, an
increase of $19,000,000, for grants to State entities to
support high-quality charter schools; and $55,000,000 for
facilities financing assistance, of which not less than
$45,000,000 shall be for the Credit Enhancement program. In
addition, the conferees include up to $7,500,000 for developer
grants to establish or expand charter schools in underserved,
high-poverty, rural areas, as described in Senate Report 115-
289.
Safe Schools and Citizenship Education
Within School Safety National Activities, not more than
$10,000,000 may be for a demonstration program to test and
evaluate innovative partnerships between institutions of higher
education and States or high-need local educational agencies to
train school counselors, social workers, psychologists, or
other mental health professionals qualified to provide school-
based mental health services, with the goal of expanding the
pipeline of these workers into low-income public elementary
schools and secondary schools in order to address the shortages
of mental health service professionals in such schools.
Special Education
Within the total for Technical Assistance and
Dissemination, $17,583,000 is for education activities
authorized under P.L. 108-406, as amended.
Special Institutions
The conferees include funding for regional partnerships
under the headings American Printing House for the Blind,
National Technical Institute for the Deaf, and Gallaudet
University in the amounts and as described in Senate Report
115-289.
Career, Technical and Adult Education
The conferees agree that the Secretary should use the
authority in the Carl D. Perkins Career and Technical Education
Act to award innovation and modernization grants. These grants
can support coding programs that can be particularly important
in rural and underserved areas that do not have access to
coding resources.
Student Financial Assistance
The conferees include a $100 increase in the
discretionary maximum Pell grant award, increasing the total
maximum award, including additional mandatory funding, to
$6,195 in award year 2019-2020.
Higher Education
GEAR UP.--The conferees direct the Department to announce
Notices Inviting Applications for New Awards for State Grants
and Partnership Grants in the Federal Register. In such notice
for State grants, the conferees direct the Department to uphold
the long-standing guidance that States may only administer one
active State GEAR UP grant at a time. The Secretary is directed
to provide written guidance in the Federal Register notifying
applicants that only States without an active State GEAR UP
grant, or States that have an active State GEAR UP grant that
is scheduled to end prior to October 1, 2019, will be eligible
to receive a new State GEAR UP award funded in whole or in part
by this appropriation.
Federal TRIO Programs.--The conferees reiterate concerns
communicated in both the House and Senate reports related to
the allocation of the fiscal year 2018 funding for TRIO
programs. The Department's plan disregarded House direction to
allocate funding in the same ratio as the prior fiscal year. In
addition, there is also concern that the Department may be
placing burdensome requirements for the existing awardees in
order for them to receive any additional funding. The conferees
direct the Department to include in its fiscal year 2020
Congressional Justification information about how these
additional funds were awarded, including a detailed budget
justification. Additionally, the conferees expect plans for
funding allocations by activity within the TRIO programs to be
included in the operating plan required under section 516 of
this Act. Last, the conferees direct the Department to brief
the Committees on Appropriations of the House of
Representatives and the Senate on final funding allocations at
least 30 days prior to the awarding of additional funding and/
or the posting of a Notice Inviting Applications for New
Awards.
Open Textbooks Pilot.--The conferees recommend that the
Secretary award the funds provided in this Act through a new
competition and make not less than 20 new grants with
individual grants of between $100,000 and $1,000,000. The
conferees recommend that the application deadline for the
notice inviting grant applications for fiscal year 2019 be not
less than 60 days from the date the notice is published.
Further, any tools, technologies, or other resources that are
created, developed, or improved wholly or in part with Pilot
funds for use with an open textbook must be licensed under a
worldwide, non-exclusive, royalty-free, perpetual, and
irrevocable license to the public to exercise any of the rights
under copyright conditioned only on the requirement that
attribution be given as directed by the copyright owner.
Historically Black College and University Capital Financing Program
The conferees include additional funding for the
deferment of outstanding loans for private historically Black
colleges and universities. Based on current estimates, the
conferees expect this funding will allow the Department to fund
all 13 eligible requests for loan deferment it received during
fiscal year 2018.
Institute of Education Sciences
The conferees direct the National Assessment Governing
Board to brief the Committees on Appropriations of the House of
Representatives and the Senate within 60 days from the date of
enactment of this Act on the resources required to administer a
long-term trend assessment by 2021.
Departmental Management
The conferees note that the front matter of this joint
explanatory statement establishes that the Department should be
guided by language included in the House and Senate Reports,
and when the House or Senate Report address a particular issue
not addressed in this explanatory statement, the House or
Senate Report should carry the same emphasis as language
included in this explanatory statement.
The conferees reiterate concern expressed in Senate
Report 115-289 regarding the Department's responsiveness to
technical assistance requests and continues to note that it
expects the Department to comply in a timely manner with its
requests for technical assistance and information, consistent
with past practice including timely answers that respond to any
specific inquiries.
Computer Science Education.--The conferees agree that
computer science education programs, including coding
academies, can provide important benefits to local industries
and the economy and help meet in-demand workforce needs.
Therefore, the Departments of Labor and Education should work
together with industry to improve and expand computer science
education programs and opportunities, including through
apprenticeships.
Reorganization.--The conferees acknowledge the
Department's efforts to brief congressional committees on its
reorganization plans. However, concerns remain that the views
of stakeholders are not being adequately addressed. In
particular, the conferees recognize the value of the Office of
English Language Acquisition and the Office of Career,
Technical and Adult Education (OCTAE) and are concerned that
the elimination or consolidation of either office will
undermine the ability of the Department to fulfill not only its
mission, but also congressional directives to implement
relevant programs and purposes. Further, the conferees note
that OCTAE is authorized expressly in statute and cannot be
consolidated or reorganized except by specific authority
granted by Congress.
STEM Education.--The conferees direct the Secretary to
submit the report described in section 313 of division B of
H.R. 6157 as passed by the Senate on August 23, 2018.
Study on School Facilities.--The conferees delete without
prejudice section 315 of the Senate bill and direct the
Comptroller General of the United States to conduct a study on
the condition of the public school facilities (including
charter schools) of the United States and their adequacy to
support a 21st century education as described in section 315 of
division B of H.R. 6157 as passed by the Senate on August 23,
2018.
General Provisions
The conferees include a new provision allowing
administrative funds to cover outstanding Perkins loans
servicing costs.
The conferees include a new provision allowing for loan
deferment for borrowers with certain medical conditions.
The conferees include a new provision rescinding
unobligated discretionary balances previously appropriated for
the Pell grant program.
The conferees modify a provision rescinding fiscal year
2019 mandatory funding to offset the mandatory costs of
increasing the discretionary Pell award.
The conferees modify a provision clarifying current law
regarding data sharing with organizations assisting students in
applying for financial aid.
The conferees include a new provision extending and
expanding Impact Aid hold harmless provisions to address a
unique eligibility issue, based on a sudden change in
longstanding precedent in eligibility determinations relating
to local tax rate calculations.
TITLE IV
RELATED AGENCIES
Corporation for National and Community Service (CNCS)
Innovation, Demonstration, and Other Activities.--The
conferees include $7,600,000 for innovation, demonstration, and
assistance activities. Within the total, the conferees
recommend $5,400,000 for the Volunteer Generation Fund. The
conferees also include a total of $2,200,000 for National Days
of Service, to be allocated equally between the September 11
National Day of Service and Remembrance and the Martin Luther
King, Jr. National Day of Service, two important national
events.
Commission Investment Fund (CIF).--The conferees include
not less than $8,500,000 for CIF, which provides funds to State
commissions for training and technical assistance activities to
expand the capacity of current and potential AmeriCorps
programs, particularly in underserved areas.
Institute of Museum and Library Services
Within the total for the Institute of Museum and Library
Services, the conferees include funds for the following
activities:
------------------------------------------------------------------------
FY 2019
Budget Activity Conference
------------------------------------------------------------------------
Library Services Technology Act:
Grants to States................................. $160,803,000
Native American Library Services................. 5,063,000
National Leadership: Libraries................... 13,406,000
Laura Bush 21st Century Librarian................ 10,000,000
Museum Services Act:
Museums for America.............................. 22,899,000
Native American/Hawaiian Museum Services......... 1,472,000
National Leadership: Museums..................... 8,113,000
African American History and Culture Act:
Museum Grants for African American History & 2,231,000
Culture.........................................
Research, Analysis, and Data Collection.............. 3,013,000
Program Administration............................... 15,000,000
------------------
TOTAL............................................ 242,000,000
------------------------------------------------------------------------
Railroad Retirement Board
The conferees include $10,000,000 within the Limitation
on Administration account for the implementation of information
technology systems modernization efforts for fiscal year 2019,
in addition to the $10,000,000 provided in fiscal year 2018.
The Railroad Retirement Board is directed to continue to submit
quarterly updates to the Committees on Appropriations of the
House of Representatives and the Senate on the project status,
completed and remaining activities, timelines to completion,
and the total cost of development until project completion.
Social Security Administration (SSA)
LIMITATION ON ADMINISTRATIVE EXPENSES
Administrative Law Judges.--It is vital that
Administrative Law Judges (ALJs) be independent, impartial, and
selected based on their qualifications. The conferees expect
SSA to maintain a high standard for the appointment of ALJs,
including the requirement that ALJs have demonstrated
experience as a licensed attorney and pass an ALJ examination
administered by the Office of Personnel Management.
Consultative Examinations.--The conferees support efforts
by SSA to pursue, where practicable, and in conjunction with
State Disability Determination Services, pilot demonstrations
that would evaluate the feasibility of, potential
administrative savings from, and potential for improvements in
the quality of consultative examinations from the
implementation of contracts for consultative examinations. In
addition, the conferees request SSA include in its fiscal year
2020 Congressional Justification the following information: (1)
annual number of consultative examinations, including the
number for each State, (2) the percentage of applicants who
require a consultative exam, and the share of those exams which
are conducted by the treating medical provider, nationally and
for each state, (3) the number of days for consultative
examination completion nationally, including the number of days
for each State, and (4) the total cost of consultative
examinations nationally, including the cost of consultative
examinations by State.
Disability Case Processing System (DCPS).--The conferees
support efforts to modernize the case processing systems used
by State Disability Determination Service agencies. Division H
of the Consolidated Appropriations Act, 2018 underscored
States' ability to select from all available options to
modernize their case processing systems. The conferees remain
concerned with the progress of the DCPS upgrade. Within 90 days
from the date of enactment of this Act, SSA shall submit a
report to the Committees on Appropriations of the House of
Representatives and the Senate and the authorizing committees
of jurisdiction. Such report shall include: (1) an update on
the actions taken by SSA to permit States the ability to select
from available options, including commercial off the shelf
(COTS) solutions, to modernize their case processing systems,
so long as the selected option has similar or better
functionality as DCPS without imposing costs that are higher
than using DCPS, (2) actions taken by SSA to enable COTS field
production deployment, and (3) a description of any challenges,
cost constraints, or legal barriers to implementation from
available options.
Work Incentives Planning and Assistance (WIPA) and
Protection and Advocacy for Beneficiaries of Social Security
(PABSS).--The conferees include $23,000,000 for WIPA and
$7,000,000 for PABSS.
TITLE V
General Provisions
The conferees modify a provision related to Performance
Partnership Pilots.
The conferees include bill language rescinding various
unobligated balances.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Rodney P. Frelinghuysen,
Kay Granger,
Tom Cole,
Ken Calvert,
Steve Womack,
Robert B. Aderholt,
Harold Rogers,
Martha Roby,
Nita M. Lowey,
Peter J. Visclosky,
Rosa DeLauro,
Lucille Roybal-Allard,
Betty McCollum,
Managers on the Part of the House.
Richard C. Shelby,
Roy Blunt,
Lindsey Graham,
Jerry Moran,
Patrick J. Leahy,
Patty Murray,
Richard J. Durbin
(Except Senate receding on
Senate section 252),
Manager on the Part of the Senate.
[all]