[United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
Public Law 115-245
115th Congress
An Act
Making consolidated appropriations for the Departments of Defense,
Labor, Health and Human Services, and Education, and Related Agencies
for the fiscal year ending September 30, 2019, and for other
purposes. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
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.
[[Page 2982]]
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.
[[Page 2983]]
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
[[Page 2984]]
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,
[[Page 2985]]
$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.
[[Page 2986]]
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
[[Page 2987]]
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
[[Page 2988]]
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.
[[Page 2989]]
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
[[Page 2990]]
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
[[Page 2991]]
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;
[[Page 2992]]
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
[[Page 2993]]
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.
[[Page 2994]]
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
[[Page 2995]]
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
[[Page 2996]]
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.
[[Page 2997]]
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
[[Page 2998]]
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.
[[Page 2999]]
(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;
[[Page 3000]]
(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
[[Page 3001]]
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
[[Page 3002]]
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.
[[Page 3003]]
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.
[[Page 3004]]
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
[[Page 3005]]
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
[[Page 3006]]
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
[[Page 3007]]
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
[[Page 3008]]
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
[[Page 3009]]
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
[[Page 3010]]
(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;
[[Page 3011]]
``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.
[[Page 3012]]
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.
[[Page 3013]]
(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:
[[Page 3014]]
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.
[[Page 3015]]
(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.
[[Page 3016]]
(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
[[Page 3017]]
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.
[[Page 3018]]
(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.
[[Page 3019]]
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
[[Page 3020]]
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,
[[Page 3021]]
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.
[[Page 3022]]
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
[[Page 3023]]
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.
[[Page 3024]]
(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
[[Page 3025]]
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
[[Page 3026]]
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
[[Page 3027]]
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
[[Page 3028]]
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
[[Page 3029]]
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
[[Page 3030]]
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
[[Page 3031]]
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
[[Page 3032]]
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
[[Page 3033]]
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.
[[Page 3034]]
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
[[Page 3035]]
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/
[[Page 3036]]
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
[[Page 3037]]
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
[[Page 3038]]
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
[[Page 3039]]
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.
[[Page 3040]]
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.
[[Page 3041]]
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.
[[Page 3042]]
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,
[[Page 3043]]
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.
[[Page 3044]]
(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
[[Page 3045]]
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;
[[Page 3046]]
(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).
[[Page 3047]]
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
[[Page 3048]]
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
[[Page 3049]]
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.
[[Page 3050]]
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
[[Page 3051]]
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;
[[Page 3052]]
(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
[[Page 3053]]
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
[[Page 3054]]
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.
[[Page 3055]]
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.
[[Page 3056]]
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
[[Page 3057]]
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.
[[Page 3058]]
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.
[[Page 3059]]
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
[[Page 3060]]
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
[[Page 3061]]
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
[[Page 3062]]
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.
[[Page 3063]]
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
[[Page 3064]]
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.
[[Page 3065]]
(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
[[Page 3066]]
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,
[[Page 3067]]
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.
[[Page 3068]]
(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
[[Page 3069]]
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
[[Page 3070]]
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
[[Page 3071]]
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
[[Page 3072]]
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.
[[Page 3073]]
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
[[Page 3074]]
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.
[[Page 3075]]
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.
[[Page 3076]]
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
[[Page 3077]]
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.
[[Page 3078]]
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:
[[Page 3079]]
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
[[Page 3080]]
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
[[Page 3081]]
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.
[[Page 3082]]
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
[[Page 3083]]
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
[[Page 3084]]
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.
[[Page 3085]]
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
[[Page 3086]]
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.
[[Page 3087]]
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).
[[Page 3088]]
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
[[Page 3089]]
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.
[[Page 3090]]
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
[[Page 3091]]
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.
[[Page 3092]]
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.
[[Page 3093]]
(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
[[Page 3094]]
(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
[[Page 3095]]
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
[[Page 3096]]
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
[[Page 3097]]
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
[[Page 3098]]
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,
[[Page 3099]]
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'
[[Page 3100]]
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
[[Page 3101]]
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.
[[Page 3102]]
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
[[Page 3103]]
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.
[[Page 3104]]
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
[[Page 3105]]
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
[[Page 3106]]
``(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
[[Page 3107]]
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
[[Page 3108]]
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''.
[[Page 3109]]
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.
[[Page 3110]]
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.
[[Page 3111]]
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
[[Page 3112]]
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.
[[Page 3113]]
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.
[[Page 3114]]
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.
[[Page 3115]]
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
[[Page 3116]]
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.
[[Page 3117]]
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
[[Page 3118]]
(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
[[Page 3119]]
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
[[Page 3120]]
(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.
[[Page 3121]]
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,
[[Page 3122]]
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''.
[[Page 3123]]
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 115-141).
(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.
[[Page 3124]]
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.
[[Page 3125]]
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
[[Page 3126]]
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.
[[Page 3127]]
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''.
[[Page 3128]]
(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.
[[Page 3129]]
This division may be cited as the ``Continuing Appropriations Act,
2019''.
Approved September 28, 2018.
LEGISLATIVE HISTORY--H.R. 6157 (S. 3159):
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HOUSE REPORTS: Nos. 115-769 (Comm. on Appropriations) and 115-952
(Comm. of Conference).
SENATE REPORTS: No. 115-290 (Comm. on Appropriations) accompanying
S. 3159.
CONGRESSIONAL RECORD, Vol. 164 (2018):
June 26-28, considered and passed House.
Aug. 16, 20-23, considered and passed Senate, amended.
Sept. 17, 18, Senate considered and agreed to conference
report.
Sept. 26, House agreed to conference report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
Sept. 28, Presidential statement.