U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

31–484 

" ! HOUSE OF REPRESENTATIVES 115TH CONGRESS

2d Session 

REPORT

2018

115–952 

DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2019, 

AND FOR OTHER PURPOSES 

CONFERENCE REPORT 

TO ACCOMPANY

H.R. 6157 

SEPTEMBER 13, 2018.—Ordered to be printed 


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115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–952 

DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2019, AND FOR OTHER PURPOSES 

SEPTEMBER 13, 2018.—Ordered to be printed 

Mr. FRELINGHUYSEN, from the committee of conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany H.R. 6157] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendment of the Senate to the bill (H.R. 

6157), making appropriations for the Department of Defense for 

the fiscal year ending September 30, 2019, and for other purposes, 

having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: 

That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as 

follows: 

In lieu of the matter proposed to be inserted by the Senate 

amendment, insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Department of Defense and Labor, 

Health and Human Services, and Education Appropriations Act, 

2019 and Continuing Appropriations Act, 2019’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Statement of appropriations. 

DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2019 

Title I—Military Personnel 

Title II—Operation and Maintenance 


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Title III—Procurement 

Title IV—Research, Development, Test and Evaluation 

Title V—Revolving and Management Funds 

Title VI—Other Department of Defense Programs 

Title VII—Related Agencies 

Title VIII—General Provisions 

Title IX—Overseas Contingency Operations 

DIVISION B—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS 

ACT, 2019 

Title I—Department of Labor 

Title II—Department of Health and Human Services 

Title III—Department of Education 

Title IV—Related Agencies 

Title V—General Provisions 

DIVISION C—CONTINUING APPROPRIATIONS ACT, 2019 

SEC. 3. REFERENCES. 

Except as expressly provided otherwise, any reference to ‘‘this 

Act’’ contained in any division of this Act shall be treated as referring only to the provisions of that division. 

SEC. 4. STATEMENT OF APPROPRIATIONS. 

The following sums in this Act are appropriated, out of any 

money in the Treasury not otherwise appropriated, for the fiscal 

year ending September 30, 2019. 

DIVISION A—DEPARTMENT OF DEFENSE 

APPROPRIATIONS ACT, 2019 

TITLE I 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, 

for members of the Army on active duty (except members of reserve 

components provided for elsewhere), cadets, and aviation cadets; for 

members of the Reserve Officers’ Training Corps; and for payments 

pursuant to section 156 of Public Law 97–377, as amended (42 

U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $42,690,042,000. 

MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and exVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00006 Fmt 6659 Sfmt 6603 E:\HR\OC\HR952.XXX HR952

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penses of temporary duty travel between permanent duty stations, 

for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; for 

members of the Reserve Officers’ Training Corps; and for payments 

pursuant to section 156 of Public Law 97–377, as amended (42 

U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $30,164,481,000. 

MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, 

for members of the Marine Corps on active duty (except members of 

the Reserve provided for elsewhere); and for payments pursuant to 

section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), 

and to the Department of Defense Military Retirement Fund, 

$13,779,038,000. 

MILITARY PERSONNEL, AIR FORCE

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, 

for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers’ Training Corps; and for 

payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military 

Retirement Fund, $30,074,691,000. 

RESERVE PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Army Reserve on active 

duty under sections 10211, 10302, and 3038 of title 10, United 

States Code, or while serving on active duty under section 12301(d) 

of title 10, United States Code, in connection with performing duty 

specified in section 12310(a) of title 10, United States Code, or while 

undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 

of title 10, United States Code; and for payments to the Department 

of Defense Military Retirement Fund, $4,836,947,000. 

RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Navy Reserve on active 

duty under section 10211 of title 10, United States Code, or while 

serving on active duty under section 12301(d) of title 10, United 

States Code, in connection with performing duty specified in section 

12310(a) of title 10, United States Code, or while undergoing reserve 

training, or while performing drills or equivalent duty, and expenses authorized by section 16131 of title 10, United States Code; 


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and for payments to the Department of Defense Military Retirement 

Fund, $2,049,021,000. 

RESERVE PERSONNEL, MARINE CORPS

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Marine Corps Reserve on 

active duty under section 10211 of title 10, United States Code, or 

while serving on active duty under section 12301(d) of title 10, 

United States Code, in connection with performing duty specified in 

section 12310(a) of title 10, United States Code, or while undergoing 

reserve training, or while performing drills or equivalent duty, and 

for members of the Marine Corps platoon leaders class, and expenses authorized by section 16131 of title 10, United States Code; 

and for payments to the Department of Defense Military Retirement 

Fund, $782,390,000. 

RESERVE PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Air Force Reserve on active 

duty under sections 10211, 10305, and 8038 of title 10, United 

States Code, or while serving on active duty under section 12301(d) 

of title 10, United States Code, in connection with performing duty 

specified in section 12310(a) of title 10, United States Code, or while 

undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 

of title 10, United States Code; and for payments to the Department 

of Defense Military Retirement Fund, $1,860,406,000. 

NATIONAL GUARD PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Army National Guard 

while on duty under sections 10211, 10302, or 12402 of title 10 or 

section 708 of title 32, United States Code, or while serving on duty 

under section 12301(d) of title 10 or section 502(f) of title 32, United 

States Code, in connection with performing duty specified in section 

12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and 

expenses authorized by section 16131 of title 10, United States Code; 

and for payments to the Department of Defense Military Retirement 

Fund, $8,600,945,000. 

NATIONAL GUARD PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Air National Guard on 

duty under sections 10211, 10305, or 12402 of title 10 or section 708 

of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States 

Code, in connection with performing duty specified in section 

12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and 

expenses authorized by section 16131 of title 10, United States Code; 

and for payments to the Department of Defense Military Retirement 

Fund, $3,699,080,000. 


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TITLE II 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law, 

$40,145,482,000: Provided, That not to exceed $12,478,000 can be 

used for emergencies and extraordinary expenses, to be expended on 

the approval or authority of the Secretary of the Army, and payments may be made on his certificate of necessity for confidential 

military purposes. 

OPERATION AND MAINTENANCE, NAVY

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law, $48,034,826,000: Provided, That not to exceed 

$15,055,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary 

of the Navy, and payments may be made on his certificate of necessity for confidential military purposes. 

OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law, 

$6,540,049,000. 

OPERATION AND MAINTENANCE, AIR FORCE

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law, 

$40,379,184,000: Provided, That not to exceed $7,699,000 can be 

used for emergencies and extraordinary expenses, to be expended on 

the approval or authority of the Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential 

military purposes. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department 

of Defense (other than the military departments), as authorized by 

law, $35,613,354,000: Provided, That not more than $7,503,000 

may be used for the Combatant Commander Initiative Fund authorized under section 166a of title 10, United States Code: Provided 

further, That not to exceed $36,000,000 can be used for emergencies 

and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on 

his certificate of necessity for confidential military purposes: Provided further, That of the funds provided under this heading, not 

less than $42,300,000 shall be made available for the Procurement 

Technical Assistance Cooperative Agreement Program, of which not 

less than $4,500,000 shall be available for centers defined in 10 


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U.S.C. 2411(1)(D): Provided further, That none of the funds appropriated or otherwise made available by this Act may be used to plan 

or implement the consolidation of a budget or appropriations liaison 

office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one 

of the Armed Forces into a legislative affairs or legislative liaison 

office: Provided further, That $19,160,000, to remain available until 

expended, is available only for expenses relating to certain classified 

activities, and may be transferred as necessary by the Secretary of 

Defense to operation and maintenance appropriations or research, 

development, test and evaluation appropriations, to be merged with 

and to be available for the same time period as the appropriations 

to which transferred: Provided further, That any ceiling on the investment item unit cost of items that may be purchased with operation and maintenance funds shall not apply to the funds described 

in the preceding proviso: Provided further, That of the funds provided under this heading, $663,969,000, of which $165,992,000, to 

remain available until September 30, 2020, shall be available to 

provide support and assistance to foreign security forces or other 

groups or individuals to conduct, support or facilitate counterterrorism, crisis response, or other Department of Defense security cooperation programs: Provided further, That the transfer authority 

provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 

care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $2,781,402,000. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 

care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $1,018,006,000. 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and 

equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $271,570,000. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00010 Fmt 6659 Sfmt 6603 E:\HR\OC\HR952.XXX HR952

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ment; hire of passenger motor vehicles; travel and transportation; 

care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $3,191,734,000. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For expenses of training, organizing, and administering the 

Army National Guard, including medical and hospital treatment 

and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger 

motor vehicles; personnel services in the National Guard Bureau; 

travel expenses (other than mileage), as authorized by law for Army 

personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard Bureau regulations when specifically 

authorized by the Chief, National Guard Bureau; supplying and 

equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies 

and equipment (including aircraft), $7,118,831,000. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For expenses of training, organizing, and administering the Air 

National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, 

and repairs to structures and facilities; transportation of things, 

hire of passenger motor vehicles; supplying and equipping the Air 

National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including those furnished from stocks under the control of agencies of the 

Department of Defense; travel expenses (other than mileage) on the 

same basis as authorized by law for Air National Guard personnel 

on active Federal duty, for Air National Guard commanders while 

inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau, $6,420,697,000. 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

For salaries and expenses necessary for the United States Court of Appeals for the Armed Forces, $14,662,000, of which not to exceed 

$5,000 may be used for official representation purposes. 

ENVIRONMENTAL RESTORATION, ARMY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $235,809,000, to remain available until transferred: Provided, That the Secretary of the Army 

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the 

Army, or for similar purposes, transfer the funds made available by 

this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the 

same purposes and for the same time period as the appropriations 

to which transferred: Provided further, That upon a determination 

that all or part of the funds transferred from this appropriation are 


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not necessary for the purposes provided herein, such amounts may 

be transferred back to this appropriation: Provided further, That the 

transfer authority provided under this heading is in addition to any 

other transfer authority provided elsewhere in this Act. 

ENVIRONMENTAL RESTORATION, NAVY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Navy, $365,883,000, to remain available until transferred: Provided, That the Secretary of the Navy 

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the 

Navy, or for similar purposes, transfer the funds made available by 

this appropriation to other appropriations made available to the Department of the Navy, to be merged with and to be available for the 

same purposes and for the same time period as the appropriations 

to which transferred: Provided further, That upon a determination 

that all or part of the funds transferred from this appropriation are 

not necessary for the purposes provided herein, such amounts may 

be transferred back to this appropriation: Provided further, That the 

transfer authority provided under this heading is in addition to any 

other transfer authority provided elsewhere in this Act. 

ENVIRONMENTAL RESTORATION, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Air Force, $365,808,000, to remain 

available until transferred: Provided, That the Secretary of the Air 

Force shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, 

removal of unsafe buildings and debris of the Department of the Air 

Force, or for similar purposes, transfer the funds made available by 

this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and to be available 

for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such 

amounts may be transferred back to this appropriation: Provided 

further, That the transfer authority provided under this heading is 

in addition to any other transfer authority provided elsewhere in 

this Act. 

ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For the Department of Defense, $19,002,000, to remain available until transferred: Provided, That the Secretary of Defense shall, 

upon determining that such funds are required for environmental 

restoration, reduction and recycling of hazardous waste, removal of 

unsafe buildings and debris of the Department of Defense, or for 

similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department 


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of Defense, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which 

transferred: Provided further, That upon a determination that all or 

part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be 

transferred back to this appropriation: Provided further, That the 

transfer authority provided under this heading is in addition to any 

other transfer authority provided elsewhere in this Act. 

ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $248,673,000, to remain available until transferred: Provided, That the Secretary of the Army 

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris at sites formerly used by the 

Department of Defense, transfer the funds made available by this 

appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the 

same purposes and for the same time period as the appropriations 

to which transferred: Provided further, That upon a determination 

that all or part of the funds transferred from this appropriation are 

not necessary for the purposes provided herein, such amounts may 

be transferred back to this appropriation: Provided further, That the 

transfer authority provided under this heading is in addition to any 

other transfer authority provided elsewhere in this Act. 

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

For expenses relating to the Overseas Humanitarian, Disaster, 

and Civic Aid programs of the Department of Defense (consisting of 

the programs provided under sections 401, 402, 404, 407, 2557, and 

2561 of title 10, United States Code), $117,663,000, to remain available until September 30, 2020. 

COOPERATIVE THREAT REDUCTION ACCOUNT

For assistance, including assistance provided by contract or by 

grants, under programs and activities of the Department of Defense 

Cooperative Threat Reduction Program authorized under the Department of Defense Cooperative Threat Reduction Act, 

$350,240,000, to remain available until September 30, 2021. 

DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT

FUND

For the Department of Defense Acquisition Workforce Development Fund, $450,000,000, to remain available for obligation until 

September 30, 2020: Provided, That no other amounts may be otherwise credited or transferred to the Fund, or deposited into the Fund, 

in fiscal year 2019 pursuant to section 1705(d) of title 10, United 

States Code. 


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TITLE III 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For construction, procurement, production, modification, and 

modernization of aircraft, equipment, including ordnance, ground 

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses 

necessary for the foregoing purposes, $4,299,566,000, to remain 

available for obligation until September 30, 2021. 

MISSILE PROCUREMENT, ARMY

For construction, procurement, production, modification, and 

modernization of missiles, equipment, including ordnance, ground 

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses 

necessary for the foregoing purposes, $3,145,256,000, to remain 

available for obligation until September 30, 2021. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY

For construction, procurement, production, and modification of 

weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment 

and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and 

such lands and interests therein, may be acquired, and construction 

prosecuted thereon prior to approval of title; and procurement and 

installation of equipment, appliances, and machine tools in public 

and private plants; reserve plant and Government and contractorowned 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 


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construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine 

tools in public and private plants; reserve plant and Government 

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $2,276,330,000, to remain available for obligation until September 30, 2021. 

OTHER PROCUREMENT, ARMY

For construction, procurement, production, and modification of 

vehicles, including tactical, support, and non-tracked combat vehicles; the purchase of passenger motor vehicles for replacement only; 

communications and electronic equipment; other support equipment; 

spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, 

including the land necessary therefor, for the foregoing purposes, 

and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools 

in public and private plants; reserve plant and Government and 

contractor-owned equipment layaway; and other expenses necessary 

for the foregoing purposes, $7,844,691,000, to remain available for 

obligation until September 30, 2021. 

AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, production, modification, and 

modernization of aircraft, equipment, including ordnance, spare 

parts, and accessories therefor; specialized equipment; expansion of 

public and private plants, including the land necessary therefor, 

and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools 

in public and private plants; reserve plant and Government and 

contractor-owned equipment layaway, $20,092,199,000, to remain 

available for obligation until September 30, 2021. 

WEAPONS PROCUREMENT, NAVY

For construction, procurement, production, modification, and 

modernization of missiles, torpedoes, other weapons, and related 

support equipment including spare parts, and accessories therefor; 

expansion of public and private plants, including the land necessary 

therefor, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $3,711,576,000, to 

remain available for obligation until September 30, 2021. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For construction, procurement, production, and modification of 

ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing purVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00015 Fmt 6659 Sfmt 6603 E:\HR\OC\HR952.XXX HR952

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poses, and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine 

tools in public and private plants; reserve plant and Government 

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $952,682,000, to remain available 

for obligation until September 30, 2021. 

SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and 

installation thereof in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; procurement 

of critical, long lead time components and designs for vessels to be 

constructed or converted in the future; and expansion of public and 

private plants, including land necessary therefor, and such lands 

and interests therein, may be acquired, and construction prosecuted 

thereon prior to approval of title, as follows: Ohio Replacement Submarine (AP), $3,173,400,000; 

Carrier Replacement Program (CVN–80), $1,573,181,000; 

Virginia Class Submarine, $4,340,676,000; 

Virginia Class Submarine (AP), $2,796,401,000; 

CVN Refueling Overhauls (AP), $425,873,000; 

DDG–1000 Program, $270,965,000; 

DDG–51 Destroyer, $5,249,837,000; 

DDG–51 Destroyer (AP), $641,928,000; 

Littoral Combat Ship, $1,571,244,000; 

LPD–17, $350,000,000; 

Expeditionary Sea Base, $647,000,000; 

LHA Replacement (AP), $350,000,000; 

Expeditionary Fast Transport, $225,000,000; 

TAO Fleet Oiler, $977,104,000; 

TAO Fleet Oiler (AP), $75,046,000; 

Towing Salvage and Rescue Ship, $80,517,000; 

LCU 1700, $41,520,000; 

Ship to Shore Connector, $507,875,000; 

Service Craft, $72,062,000; 

LCAC SLEP, $23,321,000; 

For outfitting, post delivery, conversions, and first destina- tion 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 


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Act for production of the common missile compartment of nuclearpowered vessels may be available for multiyear procurement of critical components to support continuous production of such compartments only in accordance with the provisions of subsection (i) of section 2218a of title 10, United States Code (as added by section 1023 

of the National Defense Authorization Act for Fiscal Year 2017 

(Public Law 114–328)): Provided further, That the funds made 

available by this Act for the Carrier Replacement Program (CVN– 

80) may be available to modify or enter into a new contract for the 

procurement of a Ford-class aircraft carrier designated CVN–81 

pursuant to section 121 of the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019. 

OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support 

equipment and materials not otherwise provided for, Navy ordnance 

(except ordnance for new aircraft, new ships, and ships authorized 

for conversion); the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, including the 

land necessary therefor, and such lands and interests therein, may 

be acquired, and construction prosecuted thereon prior to approval 

of title; and procurement and installation of equipment, appliances, 

and machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway, 

$9,097,138,000, to remain available for obligation until September 

30, 2021. 

PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and 

modification of missiles, armament, military equipment, spare 

parts, and accessories therefor; plant equipment, appliances, and 

machine tools, and installation thereof in public and private plants; 

reserve plant and Government and contractor-owned equipment layaway; vehicles for the Marine Corps, including the purchase of passenger motor vehicles for replacement only; and expansion of public 

and private plants, including land necessary therefor, and such 

lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, $2,719,870,000, to remain 

available for obligation until September 30, 2021. 

AIRCRAFT PROCUREMENT, AIR FORCE

For construction, procurement, and modification of aircraft and 

equipment, including armor and armament, specialized ground 

handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, Government-owned equipment and installation thereof 

in such plants, erection of structures, and acquisition of land, for 

the foregoing purposes, and such lands and interests therein, may 

be acquired, and construction prosecuted thereon prior to approval 

of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $17,112,337,000, 

to remain available for obligation until September 30, 2021. 


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MISSILE PROCUREMENT, AIR FORCE

For construction, procurement, and modification of missiles, 

rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices; 

expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, 

and acquisition of land, for the foregoing purposes, and such lands 

and interests therein, may be acquired, and construction prosecuted 

thereon prior to approval of title; reserve plant and Government and 

contractor-owned equipment layaway; and other expenses necessary 

for the foregoing purposes including rents and transportation of 

things, $2,585,004,000, to remain available for obligation until September 30, 2021. 

SPACE PROCUREMENT, AIR FORCE

For construction, procurement, and modification of spacecraft, 

rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices; 

expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, 

and acquisition of land, for the foregoing purposes, and such lands 

and interests therein, may be acquired, and construction prosecuted 

thereon prior to approval of title; reserve plant and Government and 

contractor-owned equipment layaway; and other expenses necessary 

for the foregoing purposes including rents and transportation of 

things, $2,343,642,000, to remain available for obligation until September 30, 2021. 

PROCUREMENT OF AMMUNITION, AIR FORCE

For construction, procurement, production, and modification of 

ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine 

tools in public and private plants; reserve plant and Government 

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,485,856,000, to remain available for obligation until September 30, 2021. 

OTHER PROCUREMENT, AIR FORCE

For procurement and modification of equipment (including 

ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and 

spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; lease of passenger motor 

vehicles; and expansion of public and private plants, Governmentowned 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 GovVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00018 Fmt 6659 Sfmt 6603 E:\HR\OC\HR952.XXX HR952

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ernment and contractor-owned equipment layaway, 

$20,884,225,000, to remain available for obligation until September 

30, 2021. 

PROCUREMENT, DEFENSE-WIDE

For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; expansion of 

public and private plants, equipment, and installation thereof in 

such plants, erection of structures, and acquisition of land for the 

foregoing purposes, and such lands and interests therein, may be 

acquired, and construction prosecuted thereon prior to approval of 

title; reserve plant and Government and contractor-owned equipment layaway, $6,822,180,000, to remain available for obligation 

until September 30, 2021. 

NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT

For procurement of rotary-wing aircraft; combat, tactical and 

support vehicles; other weapons; and other procurement items for 

the reserve components of the Armed Forces, $1,300,000,000, to remain available for obligation until September 30, 2021: Provided, 

That the Chiefs of National Guard and Reserve components shall, 

not later than 30 days after enactment of this Act, individually submit to the congressional defense committees the modernization priority assessment for their respective National Guard or Reserve component: Provided further, That none of the funds made available by 

this paragraph may be used to procure manned fixed wing aircraft, 

or procure or modify missiles, munitions, or ammunition. 

DEFENSE PRODUCTION ACT PURCHASES

For activities by the Department of Defense pursuant to sections 

108, 301, 302, and 303 of the Defense Production Act of 1950 (50 

U.S.C. 4518, 4531, 4532, and 4533), $53,578,000, to remain available until expended. 

TITLE IV 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, 

$11,083,824,000, to remain available for obligation until September 

30, 2020. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, 

$18,510,564,000, to remain available for obligation until September 


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30, 2020: Provided, That funds appropriated in this paragraph 

which are available for the V–22 may be used to meet unique operational requirements of the Special Operations Forces. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, 

$41,229,475,000, to remain available for obligation until September 

30, 2020. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and 

applied scientific research, development, test and evaluation; advanced research projects as may be designated and determined by 

the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, 

$23,691,836,000, to remain available for obligation until September 

30, 2020: Provided, That, of the funds made available in this paragraph, $250,000,000 for the Defense Rapid Innovation Program 

shall only be available for expenses, not otherwise provided for, to 

include program management and oversight, to conduct research, 

development, test and evaluation to include proof of concept demonstration; engineering, testing, and validation; and transition to 

full-scale production: Provided further, That the Secretary of Defense may transfer funds provided herein for the Defense Rapid Innovation Program to appropriations for research, development, test 

and evaluation to accomplish the purpose provided herein: Provided 

further, That this transfer authority is in addition to any other 

transfer authority available to the Department of Defense: Provided 

further, That the Secretary of Defense shall, not fewer than 30 days 

prior to making transfers from this appropriation, notify the congressional defense committees in writing of the details of any such 

transfer. 

OPERATIONAL TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation, 

in the direction and supervision of operational test and evaluation, 

including initial operational test and evaluation which is conducted 

prior to, and in support of, production decisions; joint operational 

testing and evaluation; and administrative expenses in connection 

therewith, $381,009,000, to remain available for obligation until 

September 30, 2020. 

TITLE V 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For the Defense Working Capital Funds, $1,641,115,000. 


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TITLE VI 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For expenses, not otherwise provided for, for medical and health 

care programs of the Department of Defense as authorized by law, 

$34,007,519,000; of which $30,953,422,000 shall be for operation 

and maintenance, of which not to exceed one percent shall remain 

available for obligation until September 30, 2020, and of which up 

to $15,118,801,000 may be available for contracts entered into 

under the TRICARE program; of which $873,160,000, to remain 

available for obligation until September 30, 2021, shall be for procurement; and of which $2,180,937,000, to remain available for obligation until September 30, 2020, shall be for research, development, test and evaluation: Provided, That, notwithstanding any 

other provision of law, of the amount made available under this 

heading for research, development, test and evaluation, not less 

than $8,000,000 shall be available for HIV prevention educational 

activities undertaken in connection with United States military 

training, exercises, and humanitarian assistance activities conducted primarily in African nations: Provided further, That of the 

funds provided under this heading for research, development, test 

and evaluation, not less than $1,171,100,000 shall be made available to the United States Army Medical Research and Materiel 

Command to carry out the congressionally directed medical research 

programs. 

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE

For expenses, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents 

and munitions in accordance with the provisions of section 1412 of 

the Department of Defense Authorization Act, 1986 (50 U.S.C. 

1521), and for the destruction of other chemical warfare materials 

that are not in the chemical weapon stockpile, $993,816,000, of 

which $105,997,000 shall be for operation and maintenance, of 

which no less than $52,735,000 shall be for the Chemical Stockpile 

Emergency Preparedness Program, consisting of $21,600,000 for activities on military installations and $31,135,000, to remain available until September 30, 2020, to assist State and local governments; $1,091,000 shall be for procurement, to remain available 

until September 30, 2021, of which $1,091,000 shall be for the 

Chemical Stockpile Emergency Preparedness Program to assist 

State and local governments; and $886,728,000, to remain available 

until September 30, 2020, shall be for research, development, test 

and evaluation, of which $880,283,000 shall only be for the Assembled Chemical Weapons Alternatives program. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the Department of Defense for military personnel of the reserve components 


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serving under the provisions of title 10 and title 32, United States 

Code; for operation and maintenance; for procurement; and for research, development, test and evaluation, $881,525,000, of which 

$517,171,000 shall be for counter-narcotics support; $121,900,000 

shall be for the drug demand reduction program; $217,178,000 

shall be for the National Guard counter-drug program; and 

$25,276,000 shall be for the National Guard counter-drug schools 

program: Provided, That the funds appropriated under this heading 

shall be available for obligation for the same time period and for 

the same purpose as the appropriation to which transferred: Provided further, That upon a determination that all or part of the 

funds transferred from this appropriation are not necessary for the 

purposes provided herein, such amounts may be transferred back to 

this appropriation: Provided further, That the transfer authority 

provided under this heading is in addition to any other transfer authority contained elsewhere in this Act. 

OFFICE OF THE INSPECTOR GENERAL

For expenses and activities of the Office of the Inspector General 

in carrying out the provisions of the Inspector General Act of 1978, 

as amended, $329,273,000, of which $325,236,000 shall be for operation and maintenance, of which not to exceed $700,000 is available 

for emergencies and extraordinary expenses to be expended on the 

approval or authority of the Inspector General, and payments may 

be made on the Inspector General’s certificate of necessity for confidential military purposes; of which $60,000, to remain available 

for obligation until September 30, 2021, shall be for procurement; 

and of which $3,977,000, to remain available until September 30, 

2020, shall be for research, development, test and evaluation. 

TITLE VII 

RELATED AGENCIES 

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SYSTEM FUND

For payment to the Central Intelligence Agency Retirement and 

Disability System Fund, to maintain the proper funding level for 

continuing the operation of the Central Intelligence Agency Retirement and Disability System, $514,000,000. 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

For necessary expenses of the Intelligence Community Management Account, $522,424,000. 

TITLE VIII 

GENERAL PROVISIONS 

SEC. 8001. No part of any appropriation contained in this Act 

shall be used for publicity or propaganda purposes not authorized 

by the Congress. 

SEC. 8002. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel 


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of the Department of Defense: Provided, That salary increases 

granted to direct and indirect hire foreign national employees of the 

Department of Defense funded by this Act shall not be at a rate in 

excess of the percentage increase authorized by law for civilian employees of the Department of Defense whose pay is computed under 

the provisions of section 5332 of title 5, United States Code, or at 

a rate in excess of the percentage increase provided by the appropriate host nation to its own employees, whichever is higher: Provided further, That this section shall not apply to Department of Defense foreign service national employees serving at United States 

diplomatic missions whose pay is set by the Department of State 

under the Foreign Service Act of 1980: Provided further, That the 

limitations of this provision shall not apply to foreign national employees of the Department of Defense in the Republic of Turkey. 

SEC. 8003. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year, 

unless expressly so provided herein. 

SEC. 8004. No more than 20 percent of the appropriations in 

this Act which are limited for obligation during the current fiscal 

year shall be obligated during the last 2 months of the fiscal year: 

Provided, That this section shall not apply to obligations for support of active duty training of reserve components or summer camp 

training of the Reserve Officers’ Training Corps. 

(TRANSFER OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense that 

such action is necessary in the national interest, he may, with the 

approval of the Office of Management and Budget, transfer not to 

exceed $4,000,000,000 of working capital funds of the Department 

of Defense or funds made available in this Act to the Department 

of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be 

merged with and to be available for the same purposes, and for the 

same time period, as the appropriation or fund to which transferred: Provided, That such authority to transfer may not be used 

unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no 

case where the item for which funds are requested has been denied 

by the Congress: Provided further, That the Secretary of Defense 

shall notify the Congress promptly of all transfers made pursuant 

to this authority or any other authority in this Act: Provided further, That no part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for 

reprogramming of funds, unless for higher priority items, based on 

unforeseen military requirements, than those for which originally 

appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress: Provided further, That a request for multiple reprogrammings of funds using 

authority provided in this section shall be made prior to June 30, 

2019: Provided further, That transfers among military personnel 

appropriations shall not be taken into account for purposes of the 

limitation on the amount of funds that may be transferred under 

this section. 

SEC. 8006. (a) With regard to the list of specific programs, 

projects, and activities (and the dollar amounts and adjustments to 


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budget activities corresponding to such programs, projects, and activities) contained in the tables titled Explanation of Project Level 

Adjustments in the explanatory statement regarding this Act, the 

obligation and expenditure of amounts appropriated or otherwise 

made available in this Act for those programs, projects, and activities for which the amounts appropriated exceed the amounts requested are hereby required by law to be carried out in the manner 

provided by such tables to the same extent as if the tables were included in the text of this Act. 

(b) Amounts specified in the referenced tables described in subsection (a) shall not be treated as subdivisions of appropriations for 

purposes of section 8005 of this Act: Provided, That section 8005 

shall apply when transfers of the amounts described in subsection 

(a) occur between appropriation accounts. 

SEC. 8007. (a) Not later than 60 days after enactment of this 

Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application of 

reprogramming and transfer authorities for fiscal year 2019: Provided, That the report shall include— 

(1) a table for each appropriation with a separate column 

to display the President’s budget request, adjustments made by 

Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; 

(2) a delineation in the table for each appropriation both by 

budget activity and program, project, and activity as detailed in 

the Budget Appendix; and 

(3) an identification of items of special congressional interest. 

(b) Notwithstanding section 8005 of this Act, none of the funds 

provided in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the 

congressional defense committees, unless the Secretary of Defense 

certifies in writing to the congressional defense committees that such 

reprogramming or transfer is necessary as an emergency requirement: Provided, That this subsection shall not apply to transfers 

from the following appropriations accounts: 

(1) ‘‘Environmental Restoration, Army’’; 

(2) ‘‘Environmental Restoration, Navy’’; 

(3) ‘‘Environmental Restoration, Air Force’’; 

(4) ‘‘Environmental Restoration, Defense-Wide’’; 

(5) ‘‘Environmental Restoration, Formerly Used Defense 

Sites’’; and 

(6) ‘‘Drug Interdiction and Counter-drug Activities, Defense’’. 

(TRANSFER OF FUNDS)

SEC. 8008. During the current fiscal year, cash balances in 

working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash 

disbursements to be made from such funds: Provided, That transfers may be made between such funds: Provided further, That transfers may be made between working capital funds and the ‘‘Foreign 

Currency Fluctuations, Defense’’ appropriation and the ‘‘Operation 

and Maintenance’’ appropriation accounts in such amounts as may 


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be determined by the Secretary of Defense, with the approval of the 

Office of Management and Budget, except that such transfers may 

not be made unless the Secretary of Defense has notified the Congress of the proposed transfer: Provided further, That except in 

amounts equal to the amounts appropriated to working capital 

funds in this Act, no obligations may be made against a working 

capital fund to procure or increase the value of war reserve material 

inventory, unless the Secretary of Defense has notified the Congress 

prior to any such obligation. 

SEC. 8009. Funds appropriated by this Act may not be used to 

initiate a special access program without prior notification 30 calendar days in advance to the congressional defense committees. 

SEC. 8010. None of the funds provided in this Act shall be 

available to initiate: (1) a multiyear contract that employs economic 

order quantity procurement in excess of $20,000,000 in any one year 

of the contract or that includes an unfunded contingent liability in 

excess of $20,000,000; or (2) a contract for advance procurement 

leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless the 

congressional defense committees have been notified at least 30 days 

in advance of the proposed contract award: Provided, That no part 

of any appropriation contained in this Act shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government’s liability: Provided further, That no part of any appropriation 

contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value 

of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated without 30-day prior notification to the congressional defense committees: Provided further, That 

the execution of multiyear authority shall require the use of a 

present value analysis to determine lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may be used for a multiyear contract executed after 

the date of the enactment of this Act unless in the case of any such 

contract— 

(1) the Secretary of Defense has submitted to Congress a 

budget request for full funding of units to be procured through 

the contract and, in the case of a contract for procurement of 

aircraft, that includes, for any aircraft unit to be procured 

through the contract for which procurement funds are requested 

in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full 

funding of procurement of such unit in that fiscal year; 

(2) cancellation provisions in the contract do not include 

consideration of recurring manufacturing costs of the contractor 

associated with the production of unfunded units to be delivered under the contract; 

(3) the contract provides that payments to the contractor 

under the contract shall not be made in advance of incurred 

costs on funded units; and 

(4) the contract does not provide for a price adjustment 

based on a failure to award a follow-on contract. 


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Funds appropriated in title III of this Act may be used for 

multiyear procurement contracts for any or all of the following 

projects: 

(1) Standard Missile–3 IB; 

(2) Standard Missile–6; 

(3) F/A–18E/F Super Hornet and EA–18G Aircraft 

variants; 

(4) E–2D Advanced Hawkeye (AHE) Aircraft; 

(5) C–130J, KC–130J, HC–130J, MC–130J, AC–130J Aircraft; and 

(6) SSN Virginia Class Submarines and Government-furnished equipment. 

SEC. 8011. Within the funds appropriated for the operation and 

maintenance of the Armed Forces, funds are hereby appropriated 

pursuant to section 401 of title 10, United States Code, for humanitarian and civic assistance costs under chapter 20 of title 10, United 

States Code. Such funds may also be obligated for humanitarian 

and civic assistance costs incidental to authorized operations and 

pursuant to authority granted in section 401 of chapter 20 of title 

10, United States Code, and these obligations shall be reported as 

required by section 401(d) of title 10, United States Code: Provided, 

That funds available for operation and maintenance shall be available for providing humanitarian and similar assistance by using 

Civic Action Teams in the Trust Territories of the Pacific Islands 

and freely associated states of Micronesia, pursuant to the Compact 

of Free Association as authorized by Public Law 99–239: Provided 

further, That upon a determination by the Secretary of the Army 

that such action is beneficial for graduate medical education programs conducted at Army medical facilities located in Hawaii, the 

Secretary of the Army may authorize the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian patients from American Samoa, the 

Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, Palau, and Guam. 

SEC. 8012. (a) During the current fiscal year, the civilian personnel of the Department of Defense may not be managed on the 

basis of any end-strength, and the management of such personnel 

during that fiscal year shall not be subject to any constraint or limitation (known as an end-strength) on the number of such personnel 

who may be employed on the last day of such fiscal year. 

(b) The fiscal year 2020 budget request for the Department of 

Defense as well as all justification material and other documentation supporting the fiscal year 2020 Department of Defense budget 

request shall be prepared and submitted to the Congress as if subsections (a) and (b) of this provision were effective with regard to 

fiscal year 2020. 

(c) As required by section 1107 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 

2358 note) civilian personnel at the Department of Army Science 

and Technology Reinvention Laboratories may not be managed on 

the basis of the Table of Distribution and Allowances, and the management of the workforce strength shall be done in a manner consistent with the budget available with respect to such Laboratories. 

(d) Nothing in this section shall be construed to apply to military (civilian) technicians. 


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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-Prote ́ge ́ Program may be transferred to any other appropriation contained in this Act solely for the 

purpose of implementing a Mentor-Prote ́ge ́ Program developmental 

assistance agreement pursuant to section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 

10 U.S.C. 2302 note), as amended, under the authority of this provision or any other transfer authority contained in this Act. 

SEC. 8016. None of the funds in this Act may be available for 

the purchase by the Department of Defense (and its departments 

and agencies) of welded shipboard anchor and mooring chain 4 

inches in diameter and under unless the anchor and mooring chain 

are manufactured in the United States from components which are 

substantially manufactured in the United States: Provided, That for 

the purpose of this section, the term ‘‘manufactured’’ shall include 

cutting, heat treating, quality control, testing of chain and welding 

(including the forging and shot blasting process): Provided further, 

That for the purpose of this section substantially all of the components of anchor and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost of 

the components produced or manufactured in the United States exceeds the aggregate cost of the components produced or manufactured outside the United States: Provided further, That when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary of the service responsible for the procurement may waive this restriction on a caseby-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 


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State in which the installation is located: Provided further, That 

such local procurement requirements for malt beverages and wine 

shall apply to all alcoholic beverages only for military installations 

in States which are not contiguous with another State: Provided 

further, That alcoholic beverages other than wine and malt beverages, in contiguous States and the District of Columbia shall be 

procured from the most competitive source, price and other factors 

considered. 

SEC. 8018. None of the funds available to the Department of Defense may be used to demilitarize or dispose of M–1 Carbines, M– 

1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, or 

M–1911 pistols, or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited 

from commercial sale under Federal law, unless the small arms ammunition or ammunition components are certified by the Secretary 

of the Army or designee as unserviceable or unsafe for further use. 

SEC. 8019. No more than $500,000 of the funds appropriated 

or made available in this Act shall be used during a single fiscal 

year for any single relocation of an organization, unit, activity or 

function of the Department of Defense into or within the National 

Capital Region: Provided, That the Secretary of Defense may waive 

this restriction on a case-by-case basis by certifying in writing to the 

congressional defense committees that such a relocation is required 

in the best interest of the Government. 

SEC. 8020. Of the funds made available in this Act, $25,000,000 shall be available for incentive payments authorized by 

section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544): 

Provided, That a prime contractor or a subcontractor at any tier 

that makes a subcontract award to any subcontractor or supplier as 

defined in section 1544 of title 25, United States Code, or a small 

business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, United States Code, shall be 

considered a contractor for the purposes of being allowed additional 

compensation under section 504 of the Indian Financing Act of 1974 

(25 U.S.C. 1544) whenever the prime contract or subcontract 

amount is over $500,000 and involves the expenditure of funds appropriated by an Act making appropriations for the Department of 

Defense with respect to any fiscal year: Provided further, That notwithstanding section 1906 of title 41, United States Code, this section shall be applicable to any Department of Defense acquisition of 

supplies or services, including any contract and any subcontract at 

any tier for acquisition of commercial items produced or manufactured, in whole or in part, by any subcontractor or supplier defined 

in section 1544 of title 25, United States Code, or a small business 

owned and controlled by an individual or individuals defined under 

section 4221(9) of title 25, United States Code. 

SEC. 8021. Funds appropriated by this Act for the Defense 

Media Activity shall not be used for any national or international 

political or psychological activities. 

SEC. 8022. During the current fiscal year, the Department of 

Defense is authorized to incur obligations of not to exceed 

$350,000,000 for purposes specified in section 2350j(c) of title 10, 

United States Code, in anticipation of receipt of contributions, only 

from the Government of Kuwait, under that section: Provided, That, 

upon receipt, such contributions from the Government of Kuwait 


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shall be credited to the appropriations or fund which incurred such 

obligations. 

SEC. 8023. (a) Of the funds made available in this Act, not less 

than $46,100,000 shall be available for the Civil Air Patrol Corporation, of which— 

(1) $33,600,000 shall be available from ‘‘Operation and 

Maintenance, Air Force’’ to support Civil Air Patrol Corporation 

operation and maintenance, readiness, counter-drug activities, 

and drug demand reduction activities involving youth programs; 

(2) $10,800,000 shall be available from ‘‘Aircraft Procurement, Air Force’’; and 

(3) $1,700,000 shall be available from ‘‘Other Procurement, 

Air Force’’ for vehicle procurement. 

(b) The Secretary of the Air Force should waive reimbursement 

for any funds used by the Civil Air Patrol for counter-drug activities 

in support of Federal, State, and local government agencies. 

SEC. 8024. (a) None of the funds appropriated in this Act are 

available to establish a new Department of Defense (department) 

federally funded research and development center (FFRDC), either 

as a new entity, or as a separate entity administrated by an organization managing another FFRDC, or as a nonprofit membership 

corporation consisting of a consortium of other FFRDCs and other 

nonprofit entities. 

(b) No member of a Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or any similar entity of a defense FFRDC, and no paid consultant to any defense FFRDC, except when acting in a technical advisory capacity, 

may be compensated for his or her services as a member of such entity, or as a paid consultant by more than one FFRDC in a fiscal 

year: Provided, That a member of any such entity referred to previously in this subsection shall be allowed travel expenses and per 

diem as authorized under the Federal Joint Travel Regulations, 

when engaged in the performance of membership duties. 

(c) Notwithstanding any other provision of law, none of the 

funds available to the department from any source during the current fiscal year may be used by a defense FFRDC, through a fee or 

other payment mechanism, for construction of new buildings not located on a military installation, for payment of cost sharing for 

projects funded by Government grants, for absorption of contract 

overruns, or for certain charitable contributions, not to include employee participation in community service and/or development. 

(d) Notwithstanding any other provision of law, of the funds 

available to the department during fiscal year 2019, not more than 

6,030 staff years of technical effort (staff years) may be funded for 

defense FFRDCs: Provided, That, of the specific amount referred to 

previously in this subsection, not more than 1,125 staff years may 

be funded for the defense studies and analysis FFRDCs: Provided 

further, That this subsection shall not apply to staff years funded 

in the National Intelligence Program (NIP) and the Military Intelligence Program (MIP). 

(e) The Secretary of Defense shall, with the submission of the 

department’s fiscal year 2020 budget request, submit a report presenting the specific amounts of staff years of technical effort to be 


dlhill on DSK3GLQ082PROD with HEARING
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allocated for each defense FFRDC during that fiscal year and the 

associated budget estimates. 

(f) Notwithstanding any other provision of this Act, the total 

amount appropriated in this Act for FFRDCs is hereby reduced by 

$179,000,000: Provided, That this subsection shall not apply to appropriations for the National Intelligence Program (NIP) and the 

Military Intelligence Program (MIP). 

SEC. 8025. None of the funds appropriated or made available 

in this Act shall be used to procure carbon, alloy, or armor steel 

plate for use in any Government-owned facility or property under 

the control of the Department of Defense which were not melted and 

rolled in the United States or Canada: Provided, That these procurement restrictions shall apply to any and all Federal Supply 

Class 9515, American Society of Testing and Materials (ASTM) or 

American Iron and Steel Institute (AISI) specifications of carbon, 

alloy or armor steel plate: Provided further, That the Secretary of 

the military department responsible for the procurement may waive 

this restriction on a case-by-case basis by certifying in writing to the 

Committees on Appropriations of the House of Representatives and 

the Senate that adequate domestic supplies are not available to meet 

Department of Defense requirements on a timely basis and that such 

an acquisition must be made in order to acquire capability for national security purposes: Provided further, That these restrictions 

shall not apply to contracts which are in being as of the date of the 

enactment of this Act. 

SEC. 8026. For the purposes of this Act, the term ‘‘congressional 

defense committees’’ means the Armed Services Committee of the 

House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. 

SEC. 8027. During the current fiscal year, the Department of 

Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of 

components and other Defense-related articles, through competition 

between Department of Defense depot maintenance activities and 

private firms: Provided, That the Senior Acquisition Executive of the 

military department or Defense Agency concerned, with power of 

delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private 

bids: Provided further, That Office of Management and Budget Circular A–76 shall not apply to competitions conducted under this section. 

SEC. 8028. (a)(1) If the Secretary of Defense, after consultation 

with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph 

(2) has violated the terms of the agreement by discriminating 

against certain types of products produced in the United States that 

are covered by the agreement, the Secretary of Defense shall rescind 

the Secretary’s blanket waiver of the Buy American Act with respect 

to such types of products produced in that foreign country. 

(2) An agreement referred to in paragraph (1) is any reciprocal 

defense procurement memorandum of understanding, between the 

United States and a foreign country pursuant to which the SecVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00030 Fmt 6659 Sfmt 6603 E:\HR\OC\HR952.XXX HR952

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retary of Defense has prospectively waived the Buy American Act for 

certain products in that country. 

(b) The Secretary of Defense shall submit to the Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal year 2019. Such report shall separately indicate the dollar value of items for which the Buy American Act was 

waived pursuant to any agreement described in subsection (a)(2), 

the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 

international agreement to which the United States is a party. 

(c) For purposes of this section, the term ‘‘Buy American Act’’ 

means chapter 83 of title 41, United States Code. 

SEC. 8029. During the current fiscal year, amounts contained in 

the Department of Defense Overseas Military Facility Investment 

Recovery Account established by section 2921(c)(1) of the National 

Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C. 

2687 note) shall be available until expended for the payments specified by section 2921(c)(2) of that Act. 

SEC. 8030. (a) Notwithstanding any other provision of law, the 

Secretary of the Air Force may convey at no cost to the Air Force, 

without consideration, to Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units located 

at Grand Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth Air Force Base, and Minot Air 

Force Base that are excess to the needs of the Air Force. 

(b) The Secretary of the Air Force shall convey, at no cost to the 

Air Force, military housing units under subsection (a) in accordance 

with the request for such units that are submitted to the Secretary 

by the Operation Walking Shield Program on behalf of Indian 

tribes located in the States of Nevada, Idaho, North Dakota, South 

Dakota, Montana, Oregon, Minnesota, and Washington. Any such 

conveyance shall be subject to the condition that the housing units 

shall be removed within a reasonable period of time, as determined 

by the Secretary. 

(c) The Operation Walking Shield Program shall resolve any 

conflicts among requests of Indian tribes for housing units under 

subsection (a) before submitting requests to the Secretary of the Air 

Force under subsection (b). 

(d) In this section, the term ‘‘Indian tribe’’ means any recognized Indian tribe included on the current list published by the Secretary of the Interior under section 104 of the Federally Recognized 

Indian Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 

U.S.C. 5131). 

SEC. 8031. During the current fiscal year, appropriations which 

are available to the Department of Defense for operation and maintenance may be used to purchase items having an investment item 

unit cost of not more than $250,000. 

SEC. 8032. None of the funds made available by this Act may 

be used to— 

(1) disestablish, or prepare to disestablish, a Senior Reserve 

Officers’ Training Corps program in accordance with Department of Defense Instruction Number 1215.08, dated June 26, 

2006; or 

(2) close, downgrade from host to extension center, or place 

on probation a Senior Reserve Officers’ Training Corps program 


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in accordance with the information paper of the Department of 

the Army titled ‘‘Army Senior Reserve Officer’s Training Corps 

(SROTC) Program Review and Criteria’’, dated January 27, 

2014. 

SEC. 8033. Up to $10,518,000 of the funds appropriated under 

the heading ‘‘Operation and Maintenance, Navy’’ may be made 

available for the Asia Pacific Regional Initiative Program for the 

purpose of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and 

payment of incremental and personnel costs of training and exercising with foreign security forces: Provided, That funds made 

available for this purpose may be used, notwithstanding any other 

funding authorities for humanitarian assistance, security assistance 

or combined exercise expenses: Provided further, That funds may 

not be obligated to provide assistance to any foreign country that is 

otherwise prohibited from receiving such type of assistance under 

any other provision of law. 

SEC. 8034. The Secretary of Defense shall issue regulations to 

prohibit the sale of any tobacco or tobacco-related products in military resale outlets in the United States, its territories and possessions at a price below the most competitive price in the local community: Provided, That such regulations shall direct that the prices 

of tobacco or tobacco-related products in overseas military retail outlets shall be within the range of prices established for military retail 

system stores located in the United States. 

SEC. 8035. (a) During the current fiscal year, none of the appropriations or funds available to the Department of Defense Working 

Capital Funds shall be used for the purchase of an investment item 

for the purpose of acquiring a new inventory item for sale or anticipated sale during the current fiscal year or a subsequent fiscal year 

to customers of the Department of Defense Working Capital Funds 

if such an item would not have been chargeable to the Department 

of Defense Business Operations Fund during fiscal year 1994 and 

if the purchase of such an investment item would be chargeable during the current fiscal year to appropriations made to the Department of Defense for procurement. 

(b) The fiscal year 2020 budget request for the Department of 

Defense as well as all justification material and other documentation supporting the fiscal year 2020 Department of Defense budget 

shall be prepared and submitted to the Congress on the basis that 

any equipment which was classified as an end item and funded in 

a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2020 procurement appropriation 

and not in the supply management business area or any other area 

or category of the Department of Defense Working Capital Funds. 

SEC. 8036. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for 

obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2020: Provided, That funds appropriated, 

transferred, or otherwise credited to the Central Intelligence Agency 

Central Services Working Capital Fund during this or any prior or 

subsequent fiscal year shall remain available until expended: Provided further, That any funds appropriated or transferred to the 

Central Intelligence Agency for advanced research and development 


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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, DefenseWide’’, not less than $12,000,000 shall be made available only for 

the mitigation of environmental impacts, including training and 

technical assistance to tribes, related administrative support, the 

gathering of information, documenting of environmental damage, 

and developing a system for prioritization of mitigation and cost to 

complete estimates for mitigation, on Indian lands resulting from 

Department of Defense activities. 

SEC. 8038. (a) None of the funds appropriated in this Act may 

be expended by an entity of the Department of Defense unless the 

entity, in expending the funds, complies with the Buy American Act. 

For purposes of this subsection, the term ‘‘Buy American Act’’ means 

chapter 83 of title 41, United States Code. 

(b) If the Secretary of Defense determines that a person has 

been convicted of intentionally affixing a label bearing a ‘‘Made in 

America’’ inscription to any product sold in or shipped to the United 

States that is not made in America, the Secretary shall determine, 

in accordance with section 2410f of title 10, United States Code, 

whether the person should be debarred from contracting with the 

Department of Defense. 

(c) In the case of any equipment or products purchased with appropriations provided under this Act, it is the sense of the Congress 

that any entity of the Department of Defense, in expending the appropriation, purchase only American-made equipment and products, 

provided that American-made equipment and products are costcompetitive, 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 


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(4) an Air Force field operating agency established to administer the Air Force Mortuary Affairs Program and Mortuary 

Operations for the Department of Defense and authorized Federal entities. 

SEC. 8040. (a) None of the funds appropriated by this Act shall 

be available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of the 

enactment of this Act, is performed by Department of Defense civilian employees unless— 

(1) the conversion is based on the result of a public-private 

competition that includes a most efficient and cost effective organization plan developed by such activity or function; 

(2) the Competitive Sourcing Official determines that, over 

all performance periods stated in the solicitation of offers for 

performance of the activity or function, the cost of performance 

of the activity or function by a contractor would be less costly 

to the Department of Defense by an amount that equals or exceeds the lesser of— 

(A) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or 

(B) $10,000,000; and 

(3) the contractor does not receive an advantage for a proposal that would reduce costs for the Department of Defense 

by— 

(A) not making an employer-sponsored health insurance plan available to the workers who are to be employed 

in the performance of that activity or function under the 

contract; or 

(B) offering to such workers an employer-sponsored 

health benefits plan that requires the employer to contribute less towards the premium or subscription share 

than the amount that is paid by the Department of Defense 

for health benefits for civilian employees under chapter 89 

of title 5, United States Code. 

(b)(1) The Department of Defense, without regard to subsection 

(a) of this section or subsection (a), (b), or (c) of section 2461 of title 

10, United States Code, and notwithstanding any administrative 

regulation, requirement, or policy to the contrary shall have full authority to enter into a contract for the performance of any commercial or industrial type function of the Department of Defense that— 

(A) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O’Day Act (section 8503 

of title 41, United States Code); 

(B) is planned to be converted to performance by a qualified 

nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance 

with that Act; or 

(C) is planned to be converted to performance by a qualified 

firm under at least 51 percent ownership by an Indian tribe, as 

defined in section 4(e) of the Indian Self-Determination and 

Education Assistance Act (25 U.S.C. 450b(e)), or a Native Hawaiian Organization, as defined in section 8(a)(15) of the Small 

Business Act (15 U.S.C. 637(a)(15)). 


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(2) This section shall not apply to depot contracts or contracts 

for depot maintenance as provided in sections 2469 and 2474 of title 

10, United States Code. 

(c) The conversion of any activity or function of the Department 

of Defense under the authority provided by this section shall be 

credited toward any competitive or outsourcing goal, target, or 

measurement that may be established by statute, regulation, or policy and is deemed to be awarded under the authority of, and in 

compliance with, subsection (h) of section 2304 of title 10, United 

States Code, for the competition or outsourcing of commercial activities. 

(RESCISSIONS)

SEC. 8041. Of the funds appropriated in Department of Defense 

Appropriations Acts, the following funds are hereby rescinded from 

the following accounts and programs in the specified amounts: Provided, That no amounts may be rescinded from amounts that were 

designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism or as an emergency requirement pursuant 

to the Concurrent Resolution on the Budget or the Balanced Budget 

and Emergency Deficit Control Act of 1985, as amended: 

‘‘Shipbuilding and Conversion, Navy: DDG–51 Destroyer’’, 

2011/2020, $94,000,000; 

‘‘Shipbuilding and Conversion, Navy: CVN RCOH (AP)’’, 

2011/2020, $4,000,000; 

‘‘Shipbuilding and Conversion, Navy: DDG–51 Destroyer’’, 

2012/2020, $66,000,000; 

‘‘Shipbuilding and Conversion, Navy: LPD–17’’, 2012/2020, 

$13,000,000; 

‘‘Shipbuilding and Conversion, Navy: Joint High Speed 

Vessel’’, 2012/2020, $8,000,000; 

‘‘Aircraft Procurement, Army’’, 2017/2019, $16,000,000; 

‘‘Aircraft Procurement, Navy’’, 2017/2019, $38,894,000; 

‘‘Other Procurement, Navy’’, 2017/2019, $32,344,000; 

‘‘Aircraft Procurement, Air Force’’, 2017/2019, 

$169,677,000; 

‘‘Space Procurement, Air Force’’, 2017/2019, $5,000,000; 

‘‘Other Procurement, Air Force’’, 2017/2019, $44,300,000; 

‘‘Defense Health Program: Procurement’’, 2017/2019, 

$2,413,000; 

‘‘Missile Procurement, Army’’, 2018/2020, $80,000,000; 

‘‘Procurement of Weapons and Tracked Combat Vehicles, 

Army’’, 2018/2020, $210,506,000; 

‘‘Other Procurement, Army’’, 2018/2020, $64,390,000; 

‘‘Aircraft Procurement, Navy’’, 2018/2020, $26,361,000; 

‘‘Weapons Procurement, Navy’’, 2018/2020, $115,657,000; 

‘‘Other Procurement, Navy’’, 2018/2020, $36,600,000; 

‘‘Aircraft Procurement, Air Force’’, 2018/2020, 

$195,255,000; 

‘‘Missile Procurement, Air Force’’, 2018/2020, $5,200,000; 

‘‘Space Procurement, Air Force’’, 2018/2020, $218,100,000; 

‘‘Procurement of Ammunition, Air Force’’, 2018/2020, 

$17,100,000; 

‘‘Other Procurement, Air Force’’, 2018/2020, $123,500,000; 


dlhill on DSK3GLQ082PROD with HEARING
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‘‘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, DefenseWide’’, 2018/2019, $25,000,000; and 

‘‘Defense Health Program: Procurement’’, 2018/2020, 

$215,000,000. 

SEC. 8042. None of the funds available in this Act may be used 

to reduce the authorized positions for military technicians (dual status) of the Army National Guard, Air National Guard, Army Reserve and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on 

military technicians (dual status), unless such reductions are a direct result of a reduction in military force structure. 

SEC. 8043. None of the funds appropriated or otherwise made 

available in this Act may be obligated or expended for assistance to 

the Democratic People’s Republic of Korea unless specifically appropriated for that purpose. 

SEC. 8044. Funds appropriated in this Act for operation and 

maintenance of the Military Departments, Combatant Commands 

and Defense Agencies shall be available for reimbursement of pay, 

allowances and other expenses which would otherwise be incurred 

against appropriations for the National Guard and Reserve when 

members of the National Guard and Reserve provide intelligence or 

counterintelligence support to Combatant Commands, Defense Agencies and Joint Intelligence Activities, including the activities and 

programs included within the National Intelligence Program and 

the Military Intelligence Program: Provided, That nothing in this 

section authorizes deviation from established Reserve and National 

Guard personnel and training procedures. 

SEC. 8045. (a) None of the funds available to the Department 

of Defense for any fiscal year for drug interdiction or counter-drug 

activities may be transferred to any other department or agency of 

the United States except as specifically provided in an appropriations law. 

(b) None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction or counter-drug activities 

may be transferred to any other department or agency of the United 

States except as specifically provided in an appropriations law. 

SEC. 8046. None of the funds appropriated by this Act may be 

used for the procurement of ball and roller bearings other than 

those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible for 

such procurement may waive this restriction on a case-by-case basis 

by certifying in writing to the Committees on Appropriations of the 

House of Representatives and the Senate, that adequate domestic 

supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made 

in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply to the purchase 

of ‘‘commercial items’’, as defined by section 103 of title 41, United 

States Code, except that the restriction shall apply to ball or roller 

bearings purchased as end items. 


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SEC. 8047. Of the amounts appropriated for ‘‘Working Capital 

Fund, Army’’, $99,000,000 shall be available to maintain competitive rates at the arsenals. 

SEC. 8048. In addition to the amounts appropriated or otherwise made available elsewhere in this Act, $44,000,000 is hereby appropriated to the Department of Defense: Provided, That upon the 

determination of the Secretary of Defense that it shall serve the national interest, the Secretary shall make grants in the amounts specified as follows: $20,000,000 to the United Service Organizations 

and $24,000,000 to the Red Cross. 

SEC. 8049. None of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the United 

States, unless the Secretary of Defense certifies to the congressional 

defense committees that such an acquisition must be made in order 

to acquire capability for national security purposes that is not available from United States manufacturers. 

SEC. 8050. Notwithstanding any other provision in this Act, the 

Small Business Innovation Research program and the Small Business Technology Transfer program set-asides shall be taken proportionally from all programs, projects, or activities to the extent they 

contribute to the extramural budget. 

SEC. 8051. None of the funds available to the Department of Defense under this Act shall be obligated or expended to pay a contractor under a contract with the Department of Defense for costs of 

any amount paid by the contractor to an employee when— 

(1) such costs are for a bonus or otherwise in excess of the 

normal salary paid by the contractor to the employee; and 

(2) such bonus is part of restructuring costs associated with 

a business combination. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8052. During the current fiscal year, no more than 

$30,000,000 of appropriations made in this Act under the heading 

‘‘Operation and Maintenance, Defense-Wide’’ may be transferred to 

appropriations available for the pay of military personnel, to be 

merged with, and to be available for the same time period as the 

appropriations to which transferred, to be used in support of such 

personnel in connection with support and services for eligible organizations and activities outside the Department of Defense pursuant 

to section 2012 of title 10, United States Code. 

SEC. 8053. During the current fiscal year, in the case of an appropriation account of the Department of Defense for which the period of availability for obligation has expired or which has closed 

under the provisions of section 1552 of title 31, United States Code, 

and which has a negative unliquidated or unexpended balance, an 

obligation or an adjustment of an obligation may be charged to any 

current appropriation account for the same purpose as the expired 

or closed account if— 

(1) the obligation would have been properly chargeable (except as to amount) to the expired or closed account before the 

end of the period of availability or closing of that account; 

(2) the obligation is not otherwise properly chargeable to 

any current appropriation account of the Department of Defense; and 


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(3) in the case of an expired account, the obligation is not 

chargeable to a current appropriation of the Department of Defense under the provisions of section 1405(b)(8) of the National 

Defense Authorization Act for Fiscal Year 1991, Public Law 

101–510, as amended (31 U.S.C. 1551 note): Provided, That in 

the case of an expired account, if subsequent review or investigation discloses that there was not in fact a negative unliquidated or unexpended balance in the account, any charge to a 

current account under the authority of this section shall be reversed and recorded against the expired account: Provided further, That the total amount charged to a current appropriation 

under this section may not exceed an amount equal to 1 percent 

of the total appropriation for that account. 

SEC. 8054. (a) Notwithstanding any other provision of law, the 

Chief of the National Guard Bureau may permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis. The Chief of 

the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis. 

(b) Amounts collected under subsection (a) shall be credited to 

funds available for the National Guard Distance Learning Project 

and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8055. Of the funds appropriated in this Act under the 

heading ‘‘Operation and Maintenance, Defense-wide’’, $35,000,000 

shall be for continued implementation and expansion of the Sexual 

Assault Special Victims’ Counsel Program: Provided, That the 

funds are made available for transfer to the Department of the 

Army, the Department of the Navy, and the Department of the Air 

Force: Provided further, That funds transferred shall be merged 

with and available for the same purposes and for the same time period as the appropriations to which the funds are transferred: Provided further, That this transfer authority is in addition to any 

other transfer authority provided in this Act. 

SEC. 8056. None of the funds appropriated in title IV of this Act 

may be used to procure end-items for delivery to military forces for 

operational training, operational use or inventory requirements: 

Provided, That this restriction does not apply to end-items used in 

development, prototyping, and test activities preceding and leading 

to acceptance for operational use: Provided further, That the Secretary of Defense shall, with submission of the department’s fiscal 

year 2020 budget request, submit a report detailing the use of funds 

requested in research, development, test and evaluation accounts for 

end-items used in development, prototyping and test activities preceding and leading to acceptance for operational use: Provided further, That this restriction does not apply to programs funded within 

the National Intelligence Program: Provided further, That the Secretary of Defense may waive this restriction on a case-by-case basis 

by certifying in writing to the Committees on Appropriations of the 

House of Representatives and the Senate that it is in the national 

security interest to do so. 


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SEC. 8057. (a) The Secretary of Defense may, on a case-by-case 

basis, waive with respect to a foreign country each limitation on the 

procurement of defense items from foreign sources provided in law 

if the Secretary determines that the application of the limitation 

with respect to that country would invalidate cooperative programs 

entered into between the Department of Defense and the foreign 

country, or would invalidate reciprocal trade agreements for the 

procurement of defense items entered into under section 2531 of title 

10, United States Code, and the country does not discriminate 

against the same or similar defense items produced in the United 

States for that country. 

(b) Subsection (a) applies with respect to— 

(1) contracts and subcontracts entered into on or after the 

date of the enactment of this Act; and 

(2) options for the procurement of items that are exercised 

after such date under contracts that are entered into before such 

date if the option prices are adjusted for any reason other than 

the application of a waiver granted under subsection (a). 

(c) Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section XI (chapters 50–65) of 

the Harmonized Tariff Schedule of the United States and products 

classified under headings 4010, 4202, 4203, 6401 through 6406, 

6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 

7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

SEC. 8058. None of the funds appropriated or otherwise made 

available by this or other Department of Defense Appropriations 

Acts may be obligated or expended for the purpose of performing repairs or maintenance to military family housing units of the Department of Defense, including areas in such military family housing units that may be used for the purpose of conducting official Department of Defense business. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8059. Of the amounts appropriated for ‘‘Operation and 

Maintenance, Navy’’, up to $1,000,000 shall be available for transfer 

to the John C. Stennis Center for Public Service Development Trust 

Fund established under section 116 of the John C. Stennis Center 

for Public Service Training and Development Act (2 U.S.C. 1105). 

SEC. 8060. Notwithstanding any other provision of law, funds 

appropriated in this Act under the heading ‘‘Research, Development, 

Test and Evaluation, Defense-Wide’’ for any new start advanced 

concept technology demonstration project or joint capability demonstration project may only be obligated 45 days after a report, including a description of the project, the planned acquisition and 

transition strategy and its estimated annual and total cost, has been 

provided in writing to the congressional defense committees: Provided, That the Secretary of Defense may waive this restriction on 

a case-by-case basis by certifying to the congressional defense committees that it is in the national interest to do so. 

SEC. 8061. The Secretary of Defense shall continue to provide 

a classified quarterly report to the House and Senate Appropriations 

Committees, Subcommittees on Defense on certain matters as directed in the classified annex accompanying this Act. 


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SEC. 8062. Notwithstanding section 12310(b) of title 10, United 

States Code, a Reserve who is a member of the National Guard 

serving on full-time National Guard duty under section 502(f) of 

title 32, United States Code, may perform duties in support of the 

ground-based elements of the National Ballistic Missile Defense System. 

SEC. 8063. None of the funds provided in this Act may be used 

to transfer to any nongovernmental entity ammunition held by the 

Department of Defense that has a center-fire cartridge and a United 

States military nomenclature designation of ‘‘armor penetrator’’, 

‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 

‘‘armor-piercing incendiary tracer (API–T)’’, except to an entity performing demilitarization services for the Department of Defense 

under a contract that requires the entity to demonstrate to the satisfaction of the Department of Defense that armor piercing projectiles 

are either: (1) rendered incapable of reuse by the demilitarization 

process; or (2) used to manufacture ammunition pursuant to a contract with the Department of Defense or the manufacture of ammunition for export pursuant to a License for Permanent Export of Unclassified Military Articles issued by the Department of State. 

SEC. 8064. Notwithstanding any other provision of law, the 

Chief of the National Guard Bureau, or his designee, may waive 

payment of all or part of the consideration that otherwise would be 

required under section 2667 of title 10, United States Code, in the 

case of a lease of personal property for a period not in excess of 1 

year to any organization specified in section 508(d) of title 32, 

United States Code, or any other youth, social, or fraternal nonprofit organization as may be approved by the Chief of the National 

Guard Bureau, or his designee, on a case-by-case basis. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8065. Of the amounts appropriated in this Act under the 

heading ‘‘Operation and Maintenance, Army’’, $62,483,700 shall remain available until expended: Provided, That, notwithstanding 

any other provision of law, the Secretary of Defense is authorized to 

transfer such funds to other activities of the Federal Government: 

Provided further, That the Secretary of Defense is authorized to 

enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to 

projects carrying out the purposes of this section: Provided further, 

That contracts entered into under the authority of this section may 

provide for such indemnification as the Secretary determines to be 

necessary: Provided further, That projects authorized by this section 

shall comply with applicable Federal, State, and local law to the 

maximum extent consistent with the national security, as determined by the Secretary of Defense. 

SEC. 8066. (a) None of the funds appropriated in this or any 

other Act may be used to take any action to modify— 

(1) the appropriations account structure for the National 

Intelligence Program budget, including through the creation of 

a new appropriation or new appropriation account; 

(2) how the National Intelligence Program budget request 

is presented in the unclassified P–1, R–1, and O–1 documents 

supporting the Department of Defense budget request; 


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(3) the process by which the National Intelligence Program 

appropriations are apportioned to the executing agencies; or 

(4) the process by which the National Intelligence Program 

appropriations are allotted, obligated and disbursed. 

(b) Nothing in section (a) shall be construed to prohibit the 

merger of programs or changes to the National Intelligence Program 

budget at or below the Expenditure Center level, provided such 

change is otherwise in accordance with paragraphs (a)(1)–(3). 

(c) The Director of National Intelligence and the Secretary of 

Defense may jointly, only for the purposes of achieving auditable financial statements and improving fiscal reporting, study and develop detailed proposals for alternative financial management processes. Such study shall include a comprehensive counterintelligence 

risk assessment to ensure that none of the alternative processes will 

adversely affect counterintelligence. 

(d) Upon development of the detailed proposals defined under 

subsection (c), the Director of National Intelligence and the Secretary of Defense shall— 

(1) provide the proposed alternatives to all affected agencies; 

(2) receive certification from all affected agencies attesting 

that the proposed alternatives will help achieve auditability, 

improve fiscal reporting, and will not adversely affect counterintelligence; and 

(3) not later than 30 days after receiving all necessary certifications under paragraph (2), present the proposed alternatives and certifications to the congressional defense and intelligence committees. 

SEC. 8067. In addition to amounts provided elsewhere in this Act, $10,000,000 is hereby appropriated to the Department of Defense, to remain available for obligation until expended: Provided, 

That notwithstanding any other provision of law, that upon the determination of the Secretary of Defense that it shall serve the national interest, these funds shall be available only for a grant to the 

Fisher House Foundation, Inc., only for the construction and furnishing of additional Fisher Houses to meet the needs of military 

family members when confronted with the illness or hospitalization 

of an eligible military beneficiary. 

SEC. 8068. None of the funds available to the Department of Defense may be obligated to modify command and control relationships to give Fleet Forces Command operational and administrative 

control of United States Navy forces assigned to the Pacific fleet: 

Provided, That the command and control relationships which existed on October 1, 2004, shall remain in force until a written modification has been proposed to the House and Senate Appropriations 

Committees: Provided further, That the proposed modification may 

be implemented 30 days after the notification unless an objection is 

received from either the House or Senate Appropriations Committees: Provided further, That any proposed modification shall not 

preclude the ability of the commander of United States Pacific Command to meet operational requirements. 

SEC. 8069. Any notice that is required to be submitted to the 

Committees on Appropriations of the Senate and the House of Representatives under section 806(c)(4) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note) 


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after the date of the enactment of this Act shall be submitted pursuant to that requirement concurrently to the Subcommittees on Defense of the Committees on Appropriations of the Senate and the 

House of Representatives. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8070. Of the amounts appropriated in this Act under the 

headings ‘‘Procurement, Defense-Wide’’ and ‘‘Research, Development, 

Test and Evaluation, Defense-Wide’’, $500,000,000 shall be for the 

Israeli Cooperative Programs: Provided, That of this amount, 

$70,000,000 shall be for the Secretary of Defense to provide to the 

Government of Israel for the procurement of the Iron Dome defense 

system to counter short-range rocket threats, subject to the U.S.- 

Israel Iron Dome Procurement Agreement, as amended; 

$187,000,000 shall be for the Short Range Ballistic Missile Defense 

(SRBMD) program, including cruise missile defense research and 

development under the SRBMD program, of which $50,000,000 

shall be for co-production activities of SRBMD systems in the 

United States and in Israel to meet Israel’s defense requirements 

consistent with each nation’s laws, regulations, and procedures, subject to the U.S.-Israeli co-production agreement for SRBMD, as 

amended; $80,000,000 shall be for an upper-tier component to the 

Israeli Missile Defense Architecture, of which $80,000,000 shall be 

for co-production activities of Arrow 3 Upper Tier systems in the 

United States and in Israel to meet Israel’s defense requirements 

consistent with each nation’s laws, regulations, and procedures, subject to the U.S.-Israeli co-production agreement for Arrow 3 Upper 

Tier, as amended; and $163,000,000 shall be for the Arrow System 

Improvement Program including development of a long range, 

ground and airborne, detection suite: Provided further, That the 

transfer authority provided under this provision is in addition to 

any other transfer authority contained in this Act. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8071. Of the amounts appropriated in this Act under the 

heading ‘‘Shipbuilding and Conversion, Navy’’, $207,099,000 shall 

be available until September 30, 2019, to fund prior year shipbuilding cost increases: Provided, That upon enactment of this Act, 

the Secretary of the Navy shall transfer funds to the following appropriations in the amounts specified: Provided further, That the 

amounts transferred shall be merged with and be available for the 

same purposes as the appropriations to which transferred to: 

(1) Under the heading ‘‘Shipbuilding and Conversion, 

Navy’’, 2011/2019: LHA Replacement $25,100,000; 

(2) Under the heading ‘‘Shipbuilding and Conversion, 

Navy’’, 2013/2019: DDG–51 Destroyer $53,966,000; 

(3) Under the heading ‘‘Shipbuilding and Conversion, 

Navy’’, 2014/2019: Littoral Combat Ship $19,498,000; 

(4) Under the heading ‘‘Shipbuilding and Conversion, 

Navy’’, 2015/2019: Littoral Combat Ship $83,686,000; 

(5) Under the heading ‘‘Shipbuilding and Conversion, 

Navy’’, 2015/2019: LCAC $9,400,000; and 

(6) Under the heading ‘‘Shipbuilding and Conversion, 

Navy’’, 2016/2019: TAO Fleet Oiler $15,449,000. 


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SEC. 8072. Funds appropriated by this Act, or made available 

by the transfer of funds in this Act, for intelligence activities are 

deemed to be specifically authorized by the Congress for purposes of 

section 504 of the National Security Act of 1947 (50 U.S.C. 3094) 

during fiscal year 2019 until the enactment of the Intelligence Authorization Act for Fiscal Year 2019. 

SEC. 8073. None of the funds provided in this Act shall be 

available for obligation or expenditure through a reprogramming of 

funds that creates or initiates a new program, project, or activity 

unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written 

prior notification to the congressional defense committees. 

SEC. 8074. The budget of the President for fiscal year 2020 submitted to the Congress pursuant to section 1105 of title 31, United 

States Code, shall include separate budget justification documents 

for costs of United States Armed Forces’ participation in contingency operations for the Military Personnel accounts, the Operation 

and Maintenance accounts, the Procurement accounts, and the Research, Development, Test and Evaluation accounts: Provided, That 

these documents shall include a description of the funding requested 

for each contingency operation, for each military service, to include 

all Active and Reserve components, and for each appropriations account: Provided further, That these documents shall include estimated costs for each element of expense or object class, a reconciliation of increases and decreases for each contingency operation, and 

programmatic data including, but not limited to, troop strength for 

each Active and Reserve component, and estimates of the major 

weapons systems deployed in support of each contingency: Provided 

further, That these documents shall include budget exhibits OP–5 

and OP–32 (as defined in the Department of Defense Financial 

Management Regulation) for all contingency operations for the 

budget year and the two preceding fiscal years. 

SEC. 8075. None of the funds in this Act may be used for research, development, test, evaluation, procurement or deployment of 

nuclear armed interceptors of a missile defense system. 

(RESCISSION)

SEC. 8076. Of the funds available to the Secretary of Defense 

in the ‘‘Foreign Currency Fluctuations, Defense’’ account, 

$250,000,000 are rescinded. 

SEC. 8077. The Secretary of Defense may use up to $800,000,000 of the amounts appropriated or otherwise made available in this Act to the Department of Defense for the rapid acquisition and deployment of supplies and associated support services 

pursuant to section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 

2302 note): Provided, That the Secretary of Defense shall notify the 

congressional defense committees promptly of all uses of this authority. 

SEC. 8078. None of the funds appropriated or made available 

in this Act shall be used to reduce or disestablish the operation of 

the 53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided, That 

the Air Force shall allow the 53rd Weather Reconnaissance SquadVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00043 Fmt 6659 Sfmt 6603 E:\HR\OC\HR952.XXX HR952

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ron to perform other missions in support of national defense requirements during the non-hurricane season. 

SEC. 8079. None of the funds provided in this Act shall be 

available for integration of foreign intelligence information unless 

the information has been lawfully collected and processed during 

the conduct of authorized foreign intelligence activities: Provided, 

That information pertaining to United States persons shall only be 

handled in accordance with protections provided in the Fourth 

Amendment of the United States Constitution as implemented 

through Executive Order No. 12333. 

SEC. 8080. (a) None of the funds appropriated by this Act may 

be used to transfer research and development, acquisition, or other 

program authority relating to current tactical unmanned aerial vehicles (TUAVs) from the Army. 

(b) The Army shall retain responsibility for and operational 

control of the MQ–1C Gray Eagle Unmanned Aerial Vehicle (UAV) 

in order to support the Secretary of Defense in matters relating to 

the employment of unmanned aerial vehicles. 

SEC. 8081. None of the funds appropriated by this Act for programs of the Office of the Director of National Intelligence shall remain available for obligation beyond the current fiscal year, except 

for funds appropriated for research and technology, which shall remain available until September 30, 2020. 

SEC. 8082. For purposes of section 1553(b) of title 31, United 

States Code, any subdivision of appropriations made in this Act 

under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be 

considered to be for the same purpose as any subdivision under the 

heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations in 

any prior fiscal year, and the 1 percent limitation shall apply to the 

total amount of the appropriation. 

SEC. 8083. (a) Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence shall submit 

a report to the congressional intelligence committees to establish the 

baseline for application of reprogramming and transfer authorities 

for fiscal year 2019: Provided, That the report shall include— 

(1) a table for each appropriation with a separate column 

to display the President’s budget request, adjustments made by 

Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; 

(2) a delineation in the table for each appropriation by Expenditure Center and project; and 

(3) an identification of items of special congressional interest. 

(b) None of the funds provided for the National Intelligence Program in this Act shall be available for reprogramming or transfer 

until the report identified in subsection (a) is submitted to the congressional intelligence committees, unless the Director of National 

Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an 

emergency requirement. 

SEC. 8084 None of the funds made available by this Act may 

be used to eliminate, restructure, or realign Army Contracting Command—New Jersey or make disproportionate personnel reductions 

at any Army Contracting Command—New Jersey sites without 30- 

day prior notification to the congressional defense committees. 


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SEC. 8085. Notwithstanding any other provision of law, any 

transfer of funds, appropriated or otherwise made available by this 

Act, for support to friendly foreign countries in connection with the 

conduct of operations in which the United States is not participating, pursuant to section 331(d) of title 10, United States Code, 

shall be made in accordance with sections 8005 or 9002 of this Act, 

as applicable. 

SEC. 8086. Any transfer of amounts appropriated to, credited to, 

or deposited in the Department of Defense Acquisition Workforce Development Fund in or for fiscal year 2019 to a military department 

or Defense Agency pursuant to section 1705(e)(1) of title 10, United 

States Code, shall be covered by and subject to sections 8005 or 

9002 of this Act, as applicable. 

SEC. 8087. None of the funds made available by this Act for excess defense articles, assistance under section 333 of title 10, United 

States Code, or peacekeeping operations for the countries designated 

annually to be in violation of the standards of the Child Soldiers 

Prevention Act of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) 

may be used to support any military training or operation that includes child soldiers, as defined by the Child Soldiers Prevention 

Act of 2008, unless such assistance is otherwise permitted under section 404 of the Child Soldiers Prevention Act of 2008. 

SEC. 8088. (a) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be 

available for obligation or expenditure through a reprogramming or 

transfer of funds in accordance with section 102A(d) of the National 

Security Act of 1947 (50 U.S.C. 3024(d)) that— 

(1) creates a new start effort; 

(2) terminates a program with appropriated funding of 

$10,000,000 or more; 

(3) transfers funding into or out of the National Intelligence 

Program; or 

(4) transfers funding between appropriations, 

unless the congressional intelligence committees are notified 30 days 

in advance of such reprogramming of funds; this notification period 

may be reduced for urgent national security requirements. 

(b) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for 

obligation or expenditure through a reprogramming or transfer of 

funds in accordance with section 102A(d) of the National Security 

Act of 1947 (50 U.S.C. 3024(d)) that results in a cumulative increase or decrease of the levels specified in the classified annex accompanying the Act unless the congressional intelligence committees 

are notified 30 days in advance of such reprogramming of funds; 

this notification period may be reduced for urgent national security 

requirements. 

SEC. 8089. The Director of National Intelligence shall submit to 

Congress each year, at or about the time that the President’s budget 

is submitted to Congress that year under section 1105(a) of title 31, 

United States Code, a future-years intelligence program (including 

associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years 

intelligence program shall cover the fiscal year with respect to which 

the budget is submitted and at least the four succeeding fiscal years. 


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SEC. 8090. For the purposes of this Act, the term ‘‘congressional 

intelligence committees’’ means the Permanent Select Committee on 

Intelligence of the House of Representatives, the Select Committee on 

Intelligence of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives, and the 

Subcommittee on Defense of the Committee on Appropriations of the 

Senate. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8091. During the current fiscal year, not to exceed $11,000,000 from each of the appropriations made in title II of this 

Act for ‘‘Operation and Maintenance, Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Operation and Maintenance, Air Force’’ may 

be transferred by the military department concerned to its central 

fund established for Fisher Houses and Suites pursuant to section 

2493(d) of title 10, United States Code. 

SEC. 8092. None of the funds appropriated by this Act may be 

available for the purpose of making remittances to the Department 

of Defense Acquisition Workforce Development Fund in accordance 

with section 1705 of title 10, United States Code. 

SEC. 8093. (a) Any agency receiving funds made available in 

this Act, shall, subject to subsections (b) and (c), post on the public 

Web site of that agency any report required to be submitted by the 

Congress in this or any other Act, upon the determination by the 

head of the agency that it shall serve the national interest. 

(b) Subsection (a) shall not apply to a report if— 

(1) the public posting of the report compromises national 

security; or 

(2) the report contains proprietary information. 

(c) The head of the agency posting such report shall do so only 

after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. 

SEC. 8094. (a) None of the funds appropriated or otherwise 

made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000, unless the contractor 

agrees not to— 

(1) enter into any agreement with any of its employees or 

independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration any claim under title VII of the Civil 

Rights Act of 1964 or any tort related to or arising out of sexual 

assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or 

negligent hiring, supervision, or retention; or 

(2) take any action to enforce any provision of an existing 

agreement with an employee or independent contractor that 

mandates that the employee or independent contractor resolve 

through arbitration any claim under title VII of the Civil 

Rights Act of 1964 or any tort related to or arising out of sexual 

assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or 

negligent hiring, supervision, or retention. 

(b) None of the funds appropriated or otherwise made available 

by this Act may be expended for any Federal contract unless the 

contractor certifies that it requires each covered subcontractor to 


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agree not to enter into, and not to take any action to enforce any 

provision of, any agreement as described in paragraphs (1) and (2) 

of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract. For purposes 

of this subsection, a ‘‘covered subcontractor’’ is an entity that has a 

subcontract in excess of $1,000,000 on a contract subject to subsection (a). 

(c) The prohibitions in this section do not apply with respect to 

a contractor’s or subcontractor’s agreements with employees or independent contractors that may not be enforced in a court of the 

United States. 

(d) The Secretary of Defense may waive the application of subsection (a) or (b) to a particular contractor or subcontractor for the 

purposes of a particular contract or subcontract if the Secretary or 

the Deputy Secretary personally determines that the waiver is necessary to avoid harm to national security interests of the United 

States, and that the term of the contract or subcontract is not longer 

than necessary to avoid such harm. The determination shall set 

forth with specificity the grounds for the waiver and for the contract 

or subcontract term selected, and shall state any alternatives considered in lieu of a waiver and the reasons each such alternative 

would not avoid harm to national security interests of the United 

States. The Secretary of Defense shall transmit to Congress, and simultaneously make public, any determination under this subsection 

not less than 15 business days before the contract or subcontract addressed in the determination may be awarded. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8095. From within the funds appropriated for operation 

and maintenance for the Defense Health Program in this Act, up to 

$113,000,000, shall be available for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility 

Demonstration Fund in accordance with the provisions of section 

1704 of the National Defense Authorization Act for Fiscal Year 

2010, Public Law 111–84: Provided, That for purposes of section 

1704(b), the facility operations funded are operations of the integrated Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the 

Navy Ambulatory Care Center, and supporting facilities designated 

as a combined Federal medical facility as described by section 706 

of Public Law 110–417: Provided further, That additional funds 

may be transferred from funds appropriated for operation and 

maintenance for the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility 

Demonstration Fund upon written notification by the Secretary of 

Defense to the Committees on Appropriations of the House of Representatives and the Senate. 

SEC. 8096. None of the funds appropriated or otherwise made 

available by this Act may be used by the Department of Defense or 

a component thereof in contravention of the provisions of section 

130h of title 10, United States Code. 

SEC. 8097. Appropriations available to the Department of Defense may be used for the purchase of heavy and light armored vehicles for the physical security of personnel or for force protection purposes up to a limit of $450,000 per vehicle, notwithstanding price 


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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, Guanta ́namo Bay, Cuba, by the Department of Defense. 

SEC. 8100. (a) None of the funds appropriated or otherwise 

made available in this or any other Act may be used to construct, 

acquire, or modify any facility in the United States, its territories, 

or possessions to house any individual described in subsection (c) 

for the purposes of detention or imprisonment in the custody or 

under the effective control of the Department of Defense. 

(b) The prohibition in subsection (a) shall not apply to any 

modification of facilities at United States Naval Station, 

Guanta ́namo 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, 

Guanta ́namo 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, Guanta ́namo 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 Guanta ́namo 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). 


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SEC. 8102. None of the funds made available by this Act may 

be used in contravention of the War Powers Resolution (50 U.S.C. 

1541 et seq.). 

SEC. 8103. (a) None of the funds appropriated or otherwise 

made available by this or any other Act may be used by the Secretary of Defense, or any other official or officer of the Department 

of Defense, to enter into a contract, memorandum of understanding, 

or cooperative agreement with, or make a grant to, or provide a loan 

or loan guarantee to Rosoboronexport or any subsidiary of 

Rosoboronexport. 

(b) The Secretary of Defense may waive the limitation in subsection (a) if the Secretary, in consultation with the Secretary of 

State and the Director of National Intelligence, determines that it 

is in the vital national security interest of the United States to do 

so, and certifies in writing to the congressional defense committees 

that, to the best of the Secretary’s knowledge: 

(1) Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab Republic; 

(2) The armed forces of the Russian Federation have withdrawn from Crimea, other than armed forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of 

Ukraine; and 

(3) Agents of the Russian Federation have ceased taking active measures to destabilize the control of the Government of 

Ukraine over eastern Ukraine. 

(c) The Inspector General of the Department of Defense shall 

conduct a review of any action involving Rosoboronexport with respect to a waiver issued by the Secretary of Defense pursuant to subsection (b), and not later than 90 days after the date on which such 

a waiver is issued by the Secretary of Defense, the Inspector General 

shall submit to the congressional defense committees a report containing the results of the review conducted with respect to such 

waiver. 

SEC. 8104. None of the funds made available in this Act may 

be used for the purchase or manufacture of a flag of the United 

States unless such flags are treated as covered items under section 

2533a(b) of title 10, United States Code. 

SEC. 8105. The Secretary of Defense, in consultation with the 

Service Secretaries, shall submit two reports to the congressional defense committees, not later than March 1, 2019, and not later than 

September 1, 2019, detailing the submission of records during the 

previous 6 months to databases accessible to the National Instant 

Criminal Background Check System (NICS), including the Interstate Identification Index (III), the National Crime Information Center (NCIC), and the NICS Index, as required by Public Law 110– 

180: Provided, That such reports shall provide the number and category of records submitted by month to each such database, by Service or Component: Provided further, That such reports shall identify 

the number and category of records submitted by month to those 

databases for which the Identification for Firearm Sales (IFFS) flag 

or other database flags were used to pre-validate the records and indicate that such persons are prohibited from receiving or possessing 


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a firearm: Provided further, That such reports shall describe the 

steps taken during the previous 6 months, by Service or Component, 

to ensure complete and accurate submission and appropriate flagging of records of individuals prohibited from gun possession or receipt pursuant to 18 U.S.C. 922(g) or (n) including applicable 

records involving proceedings under the Uniform Code of Military 

Justice. 

SEC. 8106. (a) Of the funds appropriated in this Act for the Department of Defense, amounts should be made available, under such 

regulations as the Secretary of Defense may prescribe, to local military commanders appointed by the Secretary, or by an officer or employee designated by the Secretary, to provide at their discretion ex 

gratia payments in amounts consistent with subsection (d) of this 

section for damage, personal injury, or death that is incident to 

combat operations of the Armed Forces in a foreign country. 

(b) An ex gratia payment under this section may be provided 

only if— 

(1) the prospective foreign civilian recipient is determined 

by the local military commander to be friendly to the United 

States; 

(2) a claim for damages would not be compensable under 

chapter 163 of title 10, United States Code (commonly known 

as the ‘‘Foreign Claims Act’’); and 

(3) the property damage, personal injury, or death was not 

caused by action by an enemy. 

(c) Any payments provided under a program under subsection 

(a) shall not be considered an admission or acknowledgement of any 

legal obligation to compensate for any damage, personal injury, or 

death. 

(d) If the Secretary of Defense determines a program under subsection (a) to be appropriate in a particular setting, the amounts of 

payments, if any, to be provided to civilians determined to have suffered harm incident to combat operations of the Armed Forces under 

the program should be determined pursuant to regulations prescribed by the Secretary and based on an assessment, which should 

include such factors as cultural appropriateness and prevailing economic conditions. 

(e) Local military commanders shall receive legal advice before 

making ex gratia payments under this subsection. The legal advisor, 

under regulations of the Department of Defense, shall advise on 

whether an ex gratia payment is proper under this section and applicable Department of Defense regulations. 

(f) A written record of any ex gratia payment offered or denied 

shall be kept by the local commander and on a timely basis submitted to the appropriate office in the Department of Defense as determined by the Secretary of Defense. 

(g) The Secretary of Defense shall report to the congressional defense committees on an annual basis the efficacy of the ex gratia 

payment program including the number of types of cases considered, 

amounts offered, the response from ex gratia payment recipients, 

and any recommended modifications to the program. 

SEC. 8107. None of the funds available in this Act to the Department of Defense, other than appropriations made for necessary 

or routine refurbishments, upgrades or maintenance activities, shall 

be used to reduce or to prepare to reduce the number of deployed 


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and non-deployed strategic delivery vehicles and launchers below 

the levels set forth in the report submitted to Congress in accordance 

with section 1042 of the National Defense Authorization Act for Fiscal Year 2012. 

SEC. 8108. The Secretary of Defense shall post grant awards on 

a public Website in a searchable format. 

SEC. 8109. The Secretary of each military department, in reducing each research, development, test and evaluation and procurement account of the military department as required under paragraph (1) of section 828(d) of the National Defense Authorization 

Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note), 

as amended by section 825(a)(3) of the National Defense Authorization Act for Fiscal Year 2018, shall allocate the percentage reduction 

determined under paragraph (2) of such section 828(d) proportionally from all programs, projects, or activities under such account: 

Provided, That the authority under section 804(d)(2) of the National 

Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 

10 U.S.C. 2302 note) to transfer amounts available in the Rapid 

Prototyping Fund shall be subject to section 8005 or 9002 of this 

Act, as applicable. 

SEC. 8110. None of the funds made available by this Act may 

be used to fund the performance of a flight demonstration team at 

a location outside of the United States: Provided, That this prohibition applies only if a performance of a flight demonstration team at 

a location within the United States was canceled during the current 

fiscal year due to insufficient funding. 

SEC. 8111. None of the funds made available by this Act may 

be used by the National Security Agency to— 

(1) conduct an acquisition pursuant to section 702 of the 

Foreign Intelligence Surveillance Act of 1978 for the purpose of 

targeting a United States person; or 

(2) acquire, monitor, or store the contents (as such term is 

defined in section 2510(8) of title 18, United States Code) of any 

electronic communication of a United States person from a provider of electronic communication services to the public pursuant to section 501 of the Foreign Intelligence Surveillance Act 

of 1978. 

SEC. 8112. None of the funds made available by this Act may 

be obligated or expended to implement the Arms Trade Treaty until 

the Senate approves a resolution of ratification for the Treaty. 

SEC. 8113. None of the funds made available in this or any 

other Act may be used to pay the salary of any officer or employee 

of any agency funded by this Act who approves or implements the 

transfer of administrative responsibilities or budgetary resources of 

any program, project, or activity financed by this Act to the jurisdiction of another Federal agency not financed by this Act without the 

express authorization of Congress: Provided, That this limitation 

shall not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for the Department of Defense. 

SEC. 8114. Of the amounts appropriated in this Act for ‘‘Operation and Maintenance, Navy’’, $310,805,000, to remain available 

until expended, may be used for any purposes related to the National Defense Reserve Fleet established under section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405): Provided, That such 


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amounts are available for reimbursements to the Ready Reserve 

Force, Maritime Administration account of the United States Department of Transportation for programs, projects, activities, and 

expenses related to the National Defense Reserve Fleet. 

SEC. 8115. None of the funds made available in this Act may 

be obligated for activities authorized under section 1208 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 

2005 (Public Law 112–81; 125 Stat. 1621) to initiate support for, or 

expand support to, foreign forces, irregular forces, groups, or individuals unless the congressional defense committees are notified in 

accordance with the direction contained in the classified annex accompanying this Act, not less than 15 days before initiating such 

support: Provided, That none of the funds made available in this 

Act may be used under section 1208 for any activity that is not in 

support of an ongoing military operation being conducted by United 

States Special Operations Forces to combat terrorism: Provided further, That the Secretary of Defense may waive the prohibitions in 

this section if the Secretary determines that such waiver is required 

by extraordinary circumstances and, by not later than 72 hours 

after making such waiver, notifies the congressional defense committees of such waiver. 

SEC. 8116. None of the funds made available by this Act may 

be used with respect to Iraq in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.), including for the introduction of 

United States armed forces into hostilities in Iraq, into situations 

in Iraq where imminent involvement in hostilities is clearly indicated by the circumstances, or into Iraqi territory, airspace, or 

waters while equipped for combat, in contravention of the congressional consultation and reporting requirements of sections 3 and 4 

of such Resolution (50 U.S.C. 1542 and 1543). 

SEC. 8117. None of the funds provided in this Act for the TAO 

Fleet Oiler program shall be used to award a new contract that provides for the acquisition of the following components unless those 

components are manufactured in the United States: Auxiliary equipment (including pumps) for shipboard services; propulsion equipment (including engines, reduction gears, and propellers); shipboard 

cranes; and spreaders for shipboard cranes. 

SEC. 8118. Notwithstanding any other provision of this Act, to 

mitigate higher than anticipated fuel costs, the total amount appropriated in title II of this Act is hereby increased by $750,000,000. 

SEC. 8119. No amounts credited or otherwise made available in 

this or any other Act to the Department of Defense Acquisition 

Workforce Development Fund may be transferred to: 

(1) the Rapid Prototyping Fund established under section 

804(d) of the National Defense Authorization Act for Fiscal 

Year 2016 (10 U.S.C. 2302 note); or 

(2) credited to a military-department specific fund established under section 804(d)(2) of the National Defense Authorization Act for Fiscal Year 2016 (as amended by section 897 of 

the National Defense Authorization Act for Fiscal Year 2017). 

SEC. 8120. None of the funds made available by this Act may 

be used for Government Travel Charge Card expenses by military 

or civilian personnel of the Department of Defense for gaming, or for 

entertainment that includes topless or nude entertainers or participants, as prohibited by Department of Defense FMR, Volume 9, 


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Chapter 3 and Department of Defense Instruction 1015.10 (enclosure 3, 14a and 14b). 

SEC. 8121. Notwithstanding any other provision of law, from 

funds made available to the Department of Defense in title II of this 

Act under the heading ‘‘Operation and Maintenance, Defense-Wide’’, 

$15,000,000 shall be available for a project in a country designated 

by the Secretary of Defense: Provided, That in furtherance of the 

project, the Department of Defense is authorized to acquire services, 

including services performed pursuant to a grant agreement, from 

another Federal agency, on an advance of funds or reimbursable 

basis: Provided further, That an order for services placed under this 

section is deemed to be an obligation in the same manner that a 

similar order placed under a contract with a private contractor is 

an obligation. 

SEC. 8122. None of the funds made available by this Act may 

be used to propose, plan for, or execute a new or additional Base 

Realignment and Closure (BRAC) round. 

SEC. 8123. None of the funds appropriated by this Act may be 

made available to deliver F–35 aircraft to the Republic of Turkey, 

except in accordance with section 1282 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 

115–232). 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8124. Of the amounts appropriated in this Act, the Secretary of Defense may use up to $65,442,000 under the heading ‘‘Operation and Maintenance, Defense-Wide’’, and up to $55,400,000 

under the heading ‘‘Research, Development, Test and Evaluation, 

Defense-Wide’’ to develop, replace, and sustain Federal Government 

security and suitability background investigation information technology systems of the Office of Personnel Management or other Federal agency responsible for conducting such investigations: Provided, That the Secretary may transfer additional amounts into 

these headings or into ‘‘Procurement, Defense-Wide’’ using established reprogramming procedures prescribed in the Department of 

Defense Financial Management Regulation 7000.14, Volume 3, 

Chapter 6, dated September 2015: Provided further, That such 

funds shall supplement, not supplant any other amounts made 

available to other Federal agencies for such purposes. 

SEC. 8125. None of the funds made available by this Act may 

be used to carry out the closure or realignment of the United States 

Naval Station, Guanta ́namo 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 


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Law 114–328; 130 Stat. 22 U.S.C. 2656 note) shall be made in accordance with section 8005 or 9002 of this Act, as applicable. 

SEC. 8128. In addition to amounts provided elsewhere in this Act, there is appropriated $270,000,000, for an additional amount 

for ‘‘Operation and Maintenance, Defense-Wide’’, to remain available until expended: Provided, That such funds shall only be available to the Secretary of Defense, acting through the Office of Economic Adjustment of the Department of Defense, or for transfer to 

the Secretary of Education, notwithstanding any other provision of 

law, to make grants, conclude cooperative agreements, or supplement other Federal funds to construct, renovate, repair, or expand 

elementary and secondary public schools on military installations in 

order to address capacity or facility condition deficiencies at such 

schools: Provided further, That in making such funds available, the 

Office of Economic Adjustment or the Secretary of Education shall 

give priority consideration to those military installations with 

schools having the most serious capacity or facility condition deficiencies as determined by the Secretary of Defense: Provided further, 

That as a condition of receiving funds under this section a local 

educational agency or State shall provide a matching share as described in the notice titled ‘‘Department of Defense Program for Construction, Renovation, Repair or Expansion of Public Schools Located on Military Installations’’ published by the Department of Defense in the Federal Register on September 9, 2011 (76 Fed. Reg. 

55883 et seq.): Provided further, That these provisions apply to 

funds provided under this section, and to funds previously provided 

by Congress to construct, renovate, repair, or expand elementary 

and secondary public schools on military installations in order to 

address capacity or facility condition deficiencies at such schools to 

the extent such funds remain unobligated on the date of enactment 

of this section. 

SEC. 8129. In carrying out the program described in the memorandum on the subject of ‘‘Policy for Assisted Reproductive Services 

for the Benefit of Seriously or Severely Ill/Injured (Category II or 

III) Active Duty Service Members’’ issued by the Assistant Secretary 

of Defense for Health Affairs on April 3, 2012, and the guidance 

issued to implement such memorandum, the Secretary of Defense 

shall apply such policy and guidance, except that— 

(1) the limitation on periods regarding embryo 

cryopreservation and storage set forth in part III(G) and in part 

IV(H) of such memorandum shall not apply; and 

(2) the term ‘‘assisted reproductive technology’’ shall include 

embryo cryopreservation and storage without limitation on the 

duration of such cryopreservation and storage. 

SEC. 8130. None of the funds made available by this Act may 

be used to provide arms, training, or other assistance to the Azov 

Battalion. 

SEC. 8131. None of the funds made available by this Act may 

be used to purchase heavy water from Iran. 

SEC. 8132. The amount appropriated in title II of this Act for 

‘‘Operation and Maintenance, Army’’ is hereby reduced by 

$50,000,000 to reflect excess cash balances in Department of Defense 

Working Capital Funds. 

SEC. 8133. The amount appropriated in title II of this Act for 

‘‘Operation and Maintenance, Navy’’ is hereby reduced by 


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$50,000,000 to reflect excess cash balances in Department of Defense 

Working Capital Funds. 

SEC. 8134. None of the funds provided for, or otherwise made 

available, in this or any other Act, may be obligated or expended by 

the Secretary of Defense to provide motorized vehicles, aviation platforms, munitions other than small arms and munitions appropriate 

for customary ceremonial honors, operational military units, or 

operational military platforms if the Secretary determines that providing such units, platforms, or equipment would undermine the 

readiness of such units, platforms, or equipment. 

SEC. 8135. The Secretary of Defense may obligate and expend 

funds made available under this Act for procurement or for research, development, test and evaluation for the F–35 Joint Strike 

Fighter to modify up to six F–35 aircraft, including up to two F– 

35 aircraft of each variant, to a test configuration: Provided, That 

the Secretary of Defense shall, with the concurrence of the Secretary 

of the Air Force and the Secretary of the Navy, notify the congressional defense committees not fewer than 30 days prior to obligating 

and expending funds under this section: Provided further, That any 

transfer of funds pursuant to the authority provided in this section 

shall be made in accordance with sections 8005 or 9002 of this Act, 

as appropriate, if applicable. 

SEC. 8136. Amounts appropriated for ‘‘Defense Health Program’’ in this Act and hereafter may be obligated to make death 

gratuity payments, as authorized in subchapter II of chapter 75 of 

title 10, United States Code, if no appropriation for ‘‘Military Personnel’’ is available for obligation for such payments: Provided, 

That such obligations may subsequently be recorded against appropriations available for ‘‘Military Personnel’’. 

SEC. 8137. None of the funds appropriated or otherwise made 

available by this or any other Act may be obligated or expended by 

the Department of Defense to migrate data and applications to the 

proposed Joint Enterprise Defense Infrastructure or the Defense Enterprise Office Solutions cloud computing services until a period of 

90 days has elapsed following the date on which the Secretary of 

Defense submits to the congressional defense committees— 

(1) a proposed plan to establish a budget accounting system 

that provides transparency across the Department, including all 

military Services and Defense Agencies, for funds requested and 

expended for all cloud computing services procured by the Department and funds requested and expended to migrate to a 

cloud computing environment; and 

(2) a detailed description of the Department’s strategy to 

implement enterprise-wide cloud computing, including the goals 

and acquisition strategies for all proposed enterprise-wide cloud 

computing service procurements; the strategy to sustain competition and innovation throughout the period of performance of 

each contract, including defining opportunities for multiple 

cloud service providers and insertion of new technologies; and 

an assessment of potential threats and security vulnerabilities 

of the proposed cloud computing strategy, and plans to mitigate 

such risks. 

SEC. 8138. (a) None of the funds made available by this or any 

other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or proVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00055 Fmt 6659 Sfmt 6603 E:\HR\OC\HR952.XXX HR952

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vide a loan or loan guarantee to any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have 

lapsed, and that is not being paid in a timely manner pursuant to 

an agreement with the authority responsible for collecting such tax 

liability, provided that the applicable Federal agency is aware of the 

unpaid Federal tax liability. 

(b) Subsection (a) shall not apply if the applicable Federal 

agency has considered suspension or debarment of the corporation 

described in such subsection and has made a determination that 

such suspension or debarment is not necessary to protect the interests of the Federal Government. 

SEC. 8139. None of the funds appropriated or otherwise made 

available by this Act may be obligated or expended for assistance 

to the Islamic Republic of Iran unless specifically appropriated for 

that purpose. 

SEC. 8140. From amounts appropriated or otherwise made 

available by title II of this division under the heading ‘‘OPERATION

AND MAINTENANCE, AIR FORCE’’, the Secretary of Defense may reimburse the Government of the Republic of Palau in an amount not 

to exceed $9,700,000 for land acquisition costs for defense sites. 

SEC. 8141. None of the funds made available by this Act may 

be used in contravention of— 

(1) Executive Order No. 13175 (65 Fed. Reg. 67249; relating 

to consultation and coordination with Indian Tribal governments); or 

(2) section 1501.2(d)(2) of title 40, Code of Federal Regulations. 

SEC. 8142. Of the funds appropriated to the Department of Defense under the heading ‘‘Operation and Maintenance, Air National 

Guard’’, not more than $20,000,000 shall be available to the Secretary of the Air Force for payments to a local water authority located in the vicinity of an Air National Guard base, or to a state 

in which the local water authority is located, for the treatment of 

perfluorooctane sulfonic acid and perfluorooctanoic acid in drinking 

water from the wells owned and operated by the local water authority undertaken to attain the United States Environmental Protection 

Agency Lifetime Health Advisory level for such acids: Provided, 

That the applicable Lifetime Health Advisory shall be the one in effect on October 1, 2017: Provided further, That the local water authority must have requested such a payment from the National 

Guard Bureau in fiscal year 2018: Provided further, That the elevated levels of such acids in the water was the result of activities 

conducted by or paid for by the Department of the Air Force: Provided further, That such funds may be expended without regard to 

existing contractual provisions in agreements between the Department of the Air Force or the National Guard Bureau, as the case 

may be, and the state in which the base is located relating to environmental response actions or indemnification: Provided further, 

That, in order to be eligible for payment under this section, such 

treatment must have taken place after January 1, 2017, but prior 

to the date of enactment of this act, and the local water authority 

or state, as the case may be, must waive all claims for treatment 

expenses incurred before such date of enactment: Provided further, 

That any payment under this section may not exceed the actual cost 


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of such treatment resulting from the activities conducted by or paid 

for by the Department of the Air Force: Provided further, That the 

Secretary may enter into such agreements with the local water authority or state as may be necessary to implement this section: Provided further, That the Secretary may pay, utilizing the Defense 

State Memorandum of Agreement, costs that would otherwise be eligible for payment under that agreement were those costs paid using 

funds appropriated to the Environmental Restoration Account, Air 

Force, established under section 2703(a)(4) of title 10, United States 

Code. 

TITLE IX 

OVERSEAS CONTINGENCY OPERATIONS 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For an additional amount for ‘‘Military Personnel, Army’’, 

$2,929,154,000: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

MILITARY PERSONNEL, NAVY

For an additional amount for ‘‘Military Personnel, Navy’’, 

$385,461,000: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine 

Corps’’, $109,232,000: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

MILITARY PERSONNEL, AIR FORCE

For an additional amount for ‘‘Military Personnel, Air Force’’, 

$964,508,000: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

RESERVE PERSONNEL, ARMY

For an additional amount for ‘‘Reserve Personnel, Army’’, 

$37,007,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 


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RESERVE PERSONNEL, NAVY

For an additional amount for ‘‘Reserve Personnel, Navy’’, 

$11,100,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

RESERVE PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Reserve Personnel, Marine 

Corps’’, $2,380,000: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

RESERVE PERSONNEL, AIR FORCE

For an additional amount for ‘‘Reserve Personnel, Air Force’’, 

$21,076,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for ‘‘National Guard Personnel, 

Army’’, $195,283,000: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

NATIONAL GUARD PERSONNEL, AIR FORCE

For an additional amount for ‘‘National Guard Personnel, Air 

Force’’, $5,460,000: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance, 

Army’’, $18,548,500,000: Provided, That such amount is designated 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance, 

Navy’’, $5,172,155,000: Provided, That such amount is designated 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 


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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, De- fense-Wide’’, $8,105,991,000: Provided, That of the funds provided 

under this heading, not to exceed $900,000,000, to remain available 

until September 30, 2020, shall be for payments to reimburse key 

cooperating nations for logistical, military, and other support, including access, provided to United States military and stability operations in Afghanistan and to counter the Islamic State of Iraq 

and Syria: Provided further, That such reimbursement payments 

may be made in such amounts as the Secretary of Defense, with the 

concurrence of the Secretary of State, and in consultation with the 

Director of the Office of Management and Budget, may determine, 

based on documentation determined by the Secretary of Defense to 

adequately account for the support provided, and such determination is final and conclusive upon the accounting officers of the 

United States, and 15 days following notification to the appropriate 

congressional committees: Provided further, That these funds may 

be used for the purpose of providing specialized training and procuring supplies and specialized equipment and providing such supplies and loaning such equipment on a non-reimbursable basis to 

coalition forces supporting United States military and stability operations in Afghanistan and to counter the Islamic State of Iraq 

and Syria, and 15 days following notification to the appropriate 

congressional committees: Provided further, That these funds may 

be used to support the Government of Jordan in such amounts as 

the Secretary of Defense may determine, to enhance the ability of the 

armed forces of Jordan to increase or sustain security along its borders, upon 15 days prior written notification to the congressional 

defense committees outlining the amounts intended to be provided 

and the nature of the expenses incurred: Provided further, That of 

the funds provided under this heading, not to exceed $793,442,000, 

to remain available until September 30, 2020, shall be available to 

provide support and assistance to foreign security forces or other 

groups or individuals to conduct, support or facilitate counterterrorism, crisis response, or other Department of Defense security cooperation programs: Provided further, That the Secretary of Defense 

shall provide quarterly reports to the congressional defense committees on the use of funds provided in this paragraph: Provided further, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to secVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00059 Fmt 6659 Sfmt 6603 E:\HR\OC\HR952.XXX HR952

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tion 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Army Reserve’’, $41,887,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Navy Reserve’’, $25,637,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps Reserve’’, $3,345,000: Provided, That such amount is 

designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance, Air 

Force Reserve’’, $60,500,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, 

Army National Guard’’, $110,729,000: Provided, That such amount 

is designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, Air 

National Guard’’, $15,870,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

AFGHANISTAN SECURITY FORCES FUND

For the ‘‘Afghanistan Security Forces Fund’’, $4,920,000,000, to 

remain available until September 30, 2020: Provided, That such 

funds shall be available to the Secretary of Defense for the purpose 

of allowing the Commander, Combined Security Transition Command—Afghanistan, or the Secretary’s designee, to provide assistance, with the concurrence of the Secretary of State, to the security 


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forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, construction, and funding: Provided further, That the Secretary of Defense may obligate and expend funds made available to 

the Department of Defense in this title for additional costs associated with existing projects previously funded with amounts provided 

under the heading ‘‘Afghanistan Infrastructure Fund’’ in prior Acts: 

Provided further, That such costs shall be limited to contract 

changes resulting from inflation, market fluctuation, rate adjustments, and other necessary contract actions to complete existing 

projects, and associated supervision and administration costs and 

costs for design during construction: Provided further, That the Secretary may not use more than $50,000,000 under the authority provided in this section: Provided further, That the Secretary shall notify in advance such contract changes and adjustments in annual 

reports to the congressional defense committees: Provided further, 

That the authority to provide assistance under this heading is in 

addition to any other authority to provide assistance to foreign nations: Provided further, That contributions of funds for the purposes 

provided herein from any person, foreign government, or international organization may be credited to this Fund, to remain 

available until expended, and used for such purposes: Provided further, That the Secretary of Defense shall notify the congressional defense committees in writing upon the receipt and upon the obligation of any contribution, delineating the sources and amounts of the 

funds received and the specific use of such contributions: Provided 

further, That the Secretary of Defense shall, not fewer than 15 days 

prior to obligating from this appropriation account, notify the congressional defense committees in writing of the details of any such 

obligation: Provided further, That the Secretary of Defense shall notify the congressional defense committees of any proposed new 

projects or transfer of funds between budget sub-activity groups in 

excess of $20,000,000: Provided further, That the United States may 

accept equipment procured using funds provided under this heading 

in this or prior Acts that was transferred to the security forces of 

Afghanistan and returned by such forces to the United States: Provided further, That equipment procured using funds provided under 

this heading in this or prior Acts, and not yet transferred to the security forces of Afghanistan or transferred to the security forces of 

Afghanistan and returned by such forces to the United States, may 

be treated as stocks of the Department of Defense upon written notification to the congressional defense committees: Provided further, 

That of the funds provided under this heading, not less than 

$10,000,000 shall be for recruitment and retention of women in the 

Afghanistan National Security Forces, and the recruitment and 

training of female security personnel: Provided further, That such 

amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

COUNTER-ISIS TRAIN AND EQUIP FUND

For the ‘‘Counter-Islamic State of Iraq and Syria Train and 

Equip Fund’’, $1,352,200,000, to remain available until September 

30, 2020: Provided, That such funds shall be available to the SecVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00061 Fmt 6659 Sfmt 6603 E:\HR\OC\HR952.XXX HR952

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retary of Defense in coordination with the Secretary of State, to provide assistance, including training; equipment; logistics support, 

supplies, and services; stipends; infrastructure repair and renovation; and sustainment, to foreign security forces, irregular forces, 

groups, or individuals participating, or preparing to participate in 

activities to counter the Islamic State of Iraq and Syria, and their 

affiliated or associated groups: Provided further, That these funds 

may be used in such amounts as the Secretary of Defense may determine to enhance the border security of nations adjacent to conflict 

areas including Jordan, Lebanon, Egypt, and Tunisia resulting 

from actions of the Islamic State of Iraq and Syria: Provided further, That amounts made available under this heading shall be 

available to provide assistance only for activities in a country designated by the Secretary of Defense, in coordination with the Secretary of State, as having a security mission to counter the Islamic 

State of Iraq and Syria, and following written notification to the 

congressional defense committees of such designation: Provided further, That the Secretary of Defense shall ensure that prior to providing assistance to elements of any forces or individuals, such elements or individuals are appropriately vetted, including at a minimum, assessing such elements for associations with terrorist groups 

or groups associated with the Government of Iran; and receiving 

commitments from such elements to promote respect for human 

rights and the rule of law: Provided further, That the Secretary of 

Defense shall, not fewer than 15 days prior to obligating from this 

appropriation account, notify the congressional defense committees 

in writing of the details of any such obligation: Provided further, 

That the Secretary of Defense may accept and retain contributions, 

including assistance in-kind, from foreign governments, including 

the Government of Iraq and other entities, to carry out assistance 

authorized under this heading: Provided further, That contributions 

of funds for the purposes provided herein from any foreign government or other entity may be credited to this Fund, to remain available until expended, and used for such purposes: Provided further, 

That the Secretary of Defense may waive a provision of law relating 

to the acquisition of items and support services or sections 40 and 

40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785) if 

the Secretary determines that such provision of law would prohibit, 

restrict, delay or otherwise limit the provision of such assistance 

and a notice of and justification for such waiver is submitted to the 

congressional defense committees, the Committees on Appropriations 

and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives: Provided further, That the United States may accept equipment procured using funds provided under this heading, or under the heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts, that was transferred to security forces, irregular forces, or groups participating, or 

preparing to participate in activities to counter the Islamic State of 

Iraq and Syria and returned by such forces or groups to the United 

States, and such equipment may be treated as stocks of the Department of Defense upon written notification to the congressional defense committees: Provided further, That equipment procured using 

funds provided under this heading, or under the heading, ‘‘Iraq 

Train and Equip Fund’’ in prior Acts, and not yet transferred to security forces, irregular forces, or groups participating, or preparing 


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to participate in activities to counter the Islamic State of Iraq and 

Syria may be treated as stocks of the Department of Defense when 

determined by the Secretary to no longer be required for transfer to 

such forces or groups and upon written notification to the congressional defense committees: Provided further, That the Secretary of 

Defense shall provide quarterly reports to the congressional defense 

committees on the use of funds provided under this heading, including, but not limited to, the number of individuals trained, the nature and scope of support and sustainment provided to each group 

or individual, the area of operations for each group, and the contributions of other countries, groups, or individuals: Provided further, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For an additional amount for ‘‘Aircraft Procurement, Army’’, 

$346,963,000, to remain available until September 30, 2021: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

MISSILE PROCUREMENT, ARMY

For an additional amount for ‘‘Missile Procurement, Army’’, 

$1,729,904,000, to remain available until September 30, 2021: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 

ARMY

For an additional amount for ‘‘Procurement of Weapons and 

Tracked Combat Vehicles, Army’’, $1,102,108,000, to remain available until September 30, 2021: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

PROCUREMENT OF AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition, 

Army’’, $299,075,000, to remain available until September 30, 2021: 

Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 


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OTHER PROCUREMENT, ARMY

For an additional amount for ‘‘Other Procurement, Army’’, 

$1,364,045,000, to remain available until September 30, 2021: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

AIRCRAFT PROCUREMENT, NAVY

For an additional amount for ‘‘Aircraft Procurement, Navy’’, $232,119,000, to remain available until September 30, 2021: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

WEAPONS PROCUREMENT, NAVY

For an additional amount for ‘‘Weapons Procurement, Navy’’, 

$14,134,000, to remain available until September 30, 2021: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition, 

Navy and Marine Corps’’, $229,783,000, to remain available until 

September 30, 2021: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

OTHER PROCUREMENT, NAVY

For an additional amount for ‘‘Other Procurement, Navy’’, 

$181,173,000, to remain available until September 30, 2021: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

PROCUREMENT, MARINE CORPS

For an additional amount for ‘‘Procurement, Marine Corps’’, 

$58,023,000, to remain available until September 30, 2021: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

AIRCRAFT PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Aircraft Procurement, Air 

Force’’, $955,248,000, to remain available until September 30, 2021: 

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seas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

MISSILE PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Missile Procurement, Air Force’’, $493,526,000, to remain available until September 30, 2021: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

PROCUREMENT OF AMMUNITION, AIR FORCE

For an additional amount for ‘‘Procurement of Ammunition, Air Force’’, $1,371,516,000, to remain available until September 30, 

2021: Provided, That such amount is designated by the Congress for 

Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’, $3,677,276,000, to remain available until September 30, 2021: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’, 

$572,135,000, to remain available until September 30, 2021: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Army’’, $300,604,000, to remain available until September 30, 2020: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For an additional amount for ‘‘Research, Development, Test and Evaluation, Navy’’, $167,812,000, to remain available until September 30, 2020: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 


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RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Air Force’’, $321,934,000, to remain available until September 30, 2020: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Defense-Wide’’, $403,044,000, to remain available until 

September 30, 2020: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For an additional amount for ‘‘Defense Working Capital 

Funds’’, $15,190,000: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’, 

$352,068,000, which shall be for operation and maintenance: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

For an additional amount for ‘‘Drug Interdiction and CounterDrug 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. 


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GENERAL PROVISIONS—THIS TITLE 

SEC. 9001. Notwithstanding any other provision of law, funds 

made available in this title are in addition to amounts appropriated 

or otherwise made available for the Department of Defense for fiscal 

year 2019. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 9002. Upon the determination of the Secretary of Defense 

that such action is necessary in the national interest, the Secretary 

may, with the approval of the Office of Management and Budget, 

transfer up to $2,000,000,000 between the appropriations or funds 

made available to the Department of Defense in this title: Provided, 

That the Secretary shall notify the Congress promptly of each transfer made pursuant to the authority in this section: Provided further, 

That the authority provided in this section is in addition to any 

other transfer authority available to the Department of Defense and 

is subject to the same terms and conditions as the authority provided in section 8005 of this Act. 

SEC. 9003. Supervision and administration costs and costs for 

design during construction associated with a construction project 

funded with appropriations available for operation and maintenance or the ‘‘Afghanistan Security Forces Fund’’ provided in this 

Act and executed in direct support of overseas contingency operations in Afghanistan, may be obligated at the time a construction 

contract is awarded: Provided, That, for the purpose of this section, 

supervision and administration costs and costs for design during 

construction include all in-house Government costs. 

SEC. 9004. From funds made available in this title, the Secretary of Defense may purchase for use by military and civilian employees of the Department of Defense in the United States Central 

Command area of responsibility: (1) passenger motor vehicles up to 

a limit of $75,000 per vehicle; and (2) heavy and light armored vehicles for the physical security of personnel or for force protection 

purposes up to a limit of $450,000 per vehicle, notwithstanding 

price or other limitations applicable to the purchase of passenger 

carrying vehicles. 

SEC. 9005. Not to exceed $10,000,000 of the amounts appropriated by this title under the heading ‘‘Operation and Maintenance, 

Army’’ may be used, notwithstanding any other provision of law, to 

fund the Commanders’ Emergency Response Program (CERP), for 

the purpose of enabling military commanders in Afghanistan to respond to urgent, small-scale, humanitarian relief and reconstruction 

requirements within their areas of responsibility: Provided, That 

each project (including any ancillary or related elements in connection with such project) executed under this authority shall not exceed $2,000,000: Provided further, That not later than 45 days after 

the end of each 6 months of the fiscal year, the Secretary of Defense 

shall submit to the congressional defense committees a report regarding the source of funds and the allocation and use of funds 

during that 6-month period that were made available pursuant to 

the authority provided in this section or under any other provision 

of law for the purposes described herein: Provided further, That, not 

later than 30 days after the end of each fiscal year quarter, the 

Army shall submit to the congressional defense committees quarVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00067 Fmt 6659 Sfmt 6603 E:\HR\OC\HR952.XXX HR952

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terly commitment, obligation, and expenditure data for the CERP in 

Afghanistan: Provided further, That, not less than 15 days before 

making funds available pursuant to the authority provided in this 

section or under any other provision of law for the purposes described herein for a project with a total anticipated cost for completion of $500,000 or more, the Secretary shall submit to the congressional defense committees a written notice containing each of the following: 

(1) The location, nature and purpose of the proposed 

project, including how the project is intended to advance the 

military campaign plan for the country in which it is to be carried out. 

(2) The budget, implementation timeline with milestones, 

and completion date for the proposed project, including any 

other CERP funding that has been or is anticipated to be contributed to the completion of the project. 

(3) A plan for the sustainment of the proposed project, including the agreement with either the host nation, a non-Department of Defense agency of the United States Government or 

a third-party contributor to finance the sustainment of the activities and maintenance of any equipment or facilities to be 

provided through the proposed project. 

SEC. 9006. Funds available to the Department of Defense for 

operation and maintenance may be used, notwithstanding any other 

provision of law, to provide supplies, services, transportation, including airlift and sealift, and other logistical support to allied 

forces participating in a combined operation with the armed forces 

of the United States and coalition forces supporting military and 

stability operations in Afghanistan and to counter the Islamic State 

of Iraq and Syria: Provided, That the Secretary of Defense shall 

provide quarterly reports to the congressional defense committees regarding support provided under this section. 

SEC. 9007. None of the funds appropriated or otherwise made 

available by this or any other Act shall be obligated or expended by 

the United States Government for a purpose as follows: 

(1) To establish any military installation or base for the 

purpose of providing for the permanent stationing of United 

States Armed Forces in Iraq. 

(2) To exercise United States control over any oil resource 

of Iraq. 

(3) To establish any military installation or base for the 

purpose of providing for the permanent stationing of United 

States Armed Forces in Afghanistan. 

SEC. 9008. None of the funds made available in this Act may 

be used in contravention of the following laws enacted or regulations promulgated to implement the United Nations Convention 

Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984): 

(1) Section 2340A of title 18, United States Code. 

(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277; 112 Stat. 

2681–822; 8 U.S.C. 1231 note) and regulations prescribed thereto, including regulations under part 208 of title 8, Code of Federal Regulations, and part 95 of title 22, Code of Federal Regulations. 


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(3) Sections 1002 and 1003 of the Department of Defense, 

Emergency Supplemental Appropriations to Address Hurricanes 

in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109–148). 

SEC. 9009. None of the funds provided for the ‘‘Afghanistan Security Forces Fund’’ (ASFF) may be obligated prior to the approval 

of a financial and activity plan by the Afghanistan Resources Oversight Council (AROC) of the Department of Defense: Provided, That 

the AROC must approve the requirement and acquisition plan for 

any service requirements in excess of $50,000,000 annually and any 

non-standard equipment requirements in excess of $100,000,000 

using ASFF: Provided further, That the Department of Defense 

must certify to the congressional defense committees that the AROC 

has convened and approved a process for ensuring compliance with 

the requirements in the preceding proviso and accompanying report 

language for the ASFF. 

SEC. 9010. Funds made available in this title to the Department of Defense for operation and maintenance may be used to purchase items having an investment unit cost of not more than 

$250,000: Provided, That, upon determination by the Secretary of 

Defense that such action is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in 

contingency operations overseas, such funds may be used to purchase items having an investment item unit cost of not more than 

$500,000. 

SEC. 9011. Up to $500,000,000 of funds appropriated by this 

Act for the Defense Security Cooperation Agency in ‘‘Operation and 

Maintenance, Defense-Wide’’ may be used to provide assistance to 

the Government of Jordan to support the armed forces of Jordan 

and to enhance security along its borders. 

SEC. 9012. None of the funds made available by this Act under 

the heading ‘‘Counter-ISIS Train and Equip Fund’’ may be used to 

procure or transfer man-portable air defense systems. 

SEC. 9013. For the ‘‘Ukraine Security Assistance Initiative’’, 

$250,000,000 is hereby appropriated, to remain available until September 30, 2019: Provided, That such funds shall be available to the 

Secretary of Defense, in coordination with the Secretary of State, to 

provide assistance, including training; equipment; lethal assistance; 

logistics support, supplies and services; sustainment; and intelligence support to the military and national security forces of 

Ukraine, and for replacement of any weapons or articles provided 

to the Government of Ukraine from the inventory of the United 

States: Provided further, That of the amounts made available in 

this section, $50,000,000 shall be available only for lethal assistance 

described in paragraphs (2) and (3) of section 1250(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 

114–92; 129 Stat. 1068): Provided further, That the Secretary of Defense shall, not less than 15 days prior to obligating funds provided 

under this heading, notify the congressional defense committees in 

writing of the details of any such obligation: Provided further, That 

the United States may accept equipment procured using funds provided under this heading in this or prior Acts that was transferred 

to the security forces of Ukraine and returned by such forces to the 

United States: Provided further, That equipment procured using 

funds provided under this heading in this or prior Acts, and not yet 


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transferred to the military or National Security Forces of Ukraine 

or returned by such forces to the United States, may be treated as 

stocks of the Department of Defense upon written notification to the 

congressional defense committees: Provided further, That amounts 

made available by this section are designated by the Congress for 

Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

SEC. 9014. Funds appropriated in this title shall be available 

for replacement of funds for items provided to the Government of 

Ukraine from the inventory of the United States to the extent specifically provided for in section 9013 of this Act. 

SEC. 9015. None of the funds made available by this Act under 

section 9013 may be used to procure or transfer man-portable air 

defense systems. 

SEC. 9016. Equipment procured using funds provided in prior 

Acts under the heading ‘‘Counterterrorism Partnerships Fund’’ for 

the program authorized by section 1209 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291), and not yet transferred to authorized recipients may be transferred to foreign security forces, irregular forces, groups, or individuals, authorized to receive assistance using amounts provided under the heading ‘‘Counter-ISIS 

Train and Equip Fund’’ in this Act: Provided, That such equipment 

may be transferred 15 days following written notification to the congressional defense committees. 

SEC. 9017. (a) None of the funds appropriated or otherwise 

made available by this Act under the heading ‘‘Operation and 

Maintenance, Defense-Wide’’ for payments under section 1233 of 

Public Law 110–181 for reimbursement to the Government of Pakistan may be made available unless the Secretary of Defense, in coordination with the Secretary of State, certifies to the congressional 

defense committees that the Government of Pakistan is— 

(1) cooperating with the United States in counterterrorism 

efforts against the Haqqani Network, the Quetta Shura 

Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, 

and other domestic and foreign terrorist organizations, including taking steps to end support for such groups and prevent 

them from basing and operating in Pakistan and carrying out 

cross border attacks into neighboring countries; 

(2) not supporting terrorist activities against United States 

or coalition forces in Afghanistan, and Pakistan’s military and 

intelligence agencies are not intervening extra-judicially into political and judicial processes in Pakistan; 

(3) dismantling improvised explosive device (IED) networks 

and interdicting precursor chemicals used in the manufacture 

of IEDs; 

(4) preventing the proliferation of nuclear-related material 

and expertise; 

(5) implementing policies to protect judicial independence 

and due process of law; 

(6) issuing visas in a timely manner for United States visitors engaged in counterterrorism efforts and assistance programs in Pakistan; and 


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(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-bycase basis by certifying in writing to the congressional defense committees that it is in the national security interest to do so: Provided, 

That if the Secretary of Defense, in coordination with the Secretary 

of State, exercises such waiver authority, the Secretaries shall report 

to the congressional defense committees on both the justification for 

the waiver and on the requirements of this section that the Government of Pakistan was not able to meet: Provided further, That such 

report may be submitted in classified form if necessary. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 9018. In addition to amounts otherwise made available in 

this Act, $500,000,000 is hereby appropriated to the Department of 

Defense and made available for transfer only to the operation and 

maintenance, military personnel, and procurement accounts, to improve the intelligence, surveillance, and reconnaissance capabilities 

of the Department of Defense: Provided, That the transfer authority 

provided in this section is in addition to any other transfer authority provided elsewhere in this Act: Provided further, That not later 

than 30 days prior to exercising the transfer authority provided in 

this section, the Secretary of Defense shall submit a report to the 

congressional defense committees on the proposed uses of these 

funds: Provided further, That the funds provided in this section 

may not be transferred to any program, project, or activity specifically limited or denied by this Act: Provided further, That amounts 

made available by this section are designated by the Congress for 

Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the authority to provide funding under this section shall terminate on September 30, 2019. 

SEC. 9019. None of the funds made available by this Act may 

be used with respect to Syria in contravention of the War Powers 

Resolution (50 U.S.C. 1541 et seq.), including for the introduction 

of United States armed or military forces into hostilities in Syria, 

into situations in Syria where imminent involvement in hostilities 

is clearly indicated by the circumstances, or into Syrian territory, 

airspace, or waters while equipped for combat, in contravention of 

the congressional consultation and reporting requirements of sections 3 and 4 of that law (50 U.S.C. 1542 and 1543). 

SEC. 9020. None of the funds in this Act may be made available 

for the transfer of additional C–130 cargo aircraft to the Afghanistan National Security Forces or the Afghanistan Air Force until the 

Department of Defense provides a report to the congressional defense 

committees of the Afghanistan Air Force’s medium airlift requirements. The report should identify Afghanistan’s ability to utilize 

and maintain existing medium lift aircraft in the inventory and the 

best alternative platform, if necessary, to provide additional support 

to the Afghanistan Air Force’s current medium airlift capacity. 


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(RESCISSIONS)

SEC. 9021. Of the funds appropriated in Department of Defense 

Appropriations Acts, the following funds are hereby rescinded from 

the following accounts and programs in the specified amounts: Provided, That such amounts are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985: 

‘‘Procurement of Ammunition, Navy and Marine Corps’’, 

2017/2019, $2,216,000; 

‘‘Operation and Maintenance, Defense-Wide: Coalition Support Fund’’, 2018/2019, $800,000,000; 

‘‘Operation and Maintenance, Defense-Wide: DSCA Security 

Cooperation’’, 2018/2019, $150,000,000; 

‘‘Counter-ISIS Train and Equip Fund’’, 2018/2019, 

$300,000,000; and 

‘‘Aircraft Procurement, Air Force’’, 2018/2020, $88,400,000. 

SEC. 9022. Funds available for the Afghanistan Security Forces 

Fund may be used to provide limited training, equipment, and other 

assistance that would otherwise be prohibited by 10 U.S.C. 362 to 

a unit of the security forces of Afghanistan only if the Secretary certifies to the congressional defense committees, within 30 days of a 

decision to provide such assistance, that (1) a denial of such assistance would present significant risk to U.S. or coalition forces or significantly undermine United States national security objectives in 

Afghanistan; and (2) the Secretary has sought a commitment by the 

Government of Afghanistan to take all necessary corrective steps: 

Provided, That such certification shall be accompanied by a report 

describing: (1) the information relating to the gross violation of 

human rights; (2) the circumstances that necessitated the provision 

of such assistance; (3) the Afghan security force unit involved; (4) 

the assistance provided and the assistance withheld; and (5) the corrective steps to be taken by the Government of Afghanistan: Provided further, That every 120 days after the initial report an additional report shall be submitted detailing the status of any corrective steps taken by the Government of Afghanistan: Provided further, That if the Government of Afghanistan has not initiated necessary corrective steps within one year of the certification, the authority under this section to provide assistance to such unit shall no 

longer apply: Provided further, That the Secretary shall submit a 

report to such committees detailing the final disposition of the case 

by the Government of Afghanistan. 

SEC. 9023. Each amount designated in this Act by the Congress 

for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded, 

if applicable) only if the President subsequently so designates all 

such amounts and transmits such designations to the Congress. 

This division may be cited as the ‘‘Department of Defense Appropriations Act, 2019’’. 


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DIVISION B—DEPARTMENTS OF LABOR, HEALTH AND 

HUMAN SERVICES, AND EDUCATION, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2019 

TITLE I 

DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

For necessary expenses of the Workforce Innovation and Opportunity Act (referred to in this Act as ‘‘WIOA’’), the Second Chance 

Act of 2007, and the National Apprenticeship Act, $3,502,700,000, 

plus reimbursements, shall be available. Of the amounts provided: 

(1) for grants to States for adult employment and training 

activities, youth activities, and dislocated worker employment 

and training activities, $2,789,832,000 as follows: 

(A) $845,556,000 for adult employment and training 

activities, of which $133,556,000 shall be available for the 

period July 1, 2019 through June 30, 2020, and of which 

$712,000,000 shall be available for the period October 1, 

2019 through June 30, 2020; 

(B) $903,416,000 for youth activities, which shall be 

available for the period April 1, 2019 through June 30, 

2020; and 

(C) $1,040,860,000 for dislocated worker employment and training activities, of which $180,860,000 shall be 

available for the period July 1, 2019 through June 30, 

2020, and of which $860,000,000 shall be available for the 

period October 1, 2019 through June 30, 2020: 

Provided, That the funds available for allotment to outlying 

areas to carry out subtitle B of title I of the WIOA shall not be 

subject to the requirements of section 127(b)(1)(B)(ii) of such 

Act; and 

(2) for national programs, $712,868,000 as follows: 

(A) $220,859,000 for the dislocated workers assistance 

national reserve, of which $20,859,000 shall be available 

for the period July 1, 2019 through September 30, 2020, 

and of which $200,000,000 shall be available for the period 

October 1, 2019 through September 30, 2020: Provided, 

That funds provided to carry out section 132(a)(2)(A) of the 

WIOA may be used to provide assistance to a State for 

statewide or local use in order to address cases where there 

have been worker dislocations across multiple sectors or 

across multiple local areas and such workers remain dislocated; coordinate the State workforce development plan 

with emerging economic development needs; and train such 

eligible dislocated workers: Provided further, That funds 

provided to carry out sections 168(b) and 169(c) of the 

WIOA may be used for technical assistance and demonstration projects, respectively, that provide assistance to new 

entrants in the workforce and incumbent worker: Provided 

further, That notwithstanding section 168(b) of the WIOA, 

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retary 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. 


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JOB CORPS

(INCLUDING TRANSFER OF FUNDS)

To carry out subtitle C of title I of the WIOA, including Federal 

administrative expenses, the purchase and hire of passenger motor 

vehicles, the construction, alteration, and repairs of buildings and 

other facilities, and the purchase of real property for training centers as authorized by the WIOA, $1,718,655,000, plus reimbursements, as follows: (1) $1,603,325,000 for Job Corps Operations, which shall 

be available for the period July 1, 2019 through June 30, 2020; (2) $83,000,000 for construction, rehabilitation and acquisition of Job Corps Centers, which shall be available for the period July 1, 2019 through June 30, 2022, and which may include the acquisition, maintenance, and repair of major items 

of equipment: Provided, That the Secretary may transfer up to 

15 percent of such funds to meet the operational needs of such 

centers or to achieve administrative efficiencies: Provided further, That any funds transferred pursuant to the preceding provision shall not be available for obligation after June 30, 2020: 

Provided further, That the Committees on Appropriations of the 

House of Representatives and the Senate are notified at least 15 

days in advance of any transfer; and 

(3) $32,330,000 for necessary expenses of Job Corps, which 

shall be available for obligation for the period October 1, 2018 

through September 30, 2019: 

Provided, That no funds from any other appropriation shall be used 

to provide meal services at or for Job Corps centers. 

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

To carry out title V of the Older Americans Act of 1965 (referred 

to in this Act as ‘‘OAA’’), $400,000,000, which shall be available for 

the period April 1, 2019 through June 30, 2020, and may be recaptured and reobligated in accordance with section 517(c) of the OAA. 

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during fiscal year 2019 of trade adjustment benefit payments and allowances under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974, and section 246 of that 

Act; and for training, employment and case management services, 

allowances for job search and relocation, and related State administrative expenses under part II of subchapter B of chapter 2 of title 

II of the Trade Act of 1974, and including benefit payments, allowances, training, employment and case management services, and related State administration provided pursuant to section 231(a) of 

the Trade Adjustment Assistance Extension Act of 2011 and section 

405(a) of the Trade Preferences Extension Act of 2015, $790,000,000 

together with such amounts as may be necessary to be charged to 

the subsequent appropriation for payments for any period subsequent to September 15, 2019: Provided, That notwithstanding section 502 of this Act, any part of the appropriation provided under 

this heading may remain available for obligation beyond the current fiscal year pursuant to the authorities of section 245(c) of the 

Trade Act of 1974 (19 U.S.C. 2317(c)). 


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STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

For authorized administrative expenses, $84,066,000, together 

with not to exceed $3,251,583,000 which may be expended from the 

Employment Security Administration Account in the Unemployment 

Trust Fund (‘‘the Trust Fund’’), of which: 

(1) $2,515,816,000 from the Trust Fund is for grants to 

States for the administration of State unemployment insurance 

laws as authorized under title III of the Social Security Act (including not less than $150,000,000 to carry out reemployment 

services and eligibility assessments under section 306 of such 

Act, any claimants of regular compensation, as defined in such 

section, including those who are profiled as most likely to exhaust their benefits, may be eligible for such services and assessments: Provided, That of such amount, $117,000,000 is 

specified for grants under section 306 of the Social Security Act 

and is provided to meet the terms of section 251(b)(2)(E)(ii) of 

the Balanced Budget and Emergency Deficit Control Act of 

1985, as amended, and $33,000,000 is additional new budget 

authority specified for purposes of section 251(b)(2)(E)(i)(II) of 

such Act; and $9,000,000 for continued support of the Unemployment Insurance Integrity Center of Excellence), the administration of unemployment insurance for Federal employees and 

for ex-service members as authorized under 5 U.S.C. 8501– 

8523, and the administration of trade readjustment allowances, 

reemployment trade adjustment assistance, and alternative 

trade adjustment assistance under the Trade Act of 1974 and 

under section 231(a) of the Trade Adjustment Assistance Extension Act of 2011 and section 405(a) of the Trade Preferences Extension Act of 2015, and shall be available for obligation by the 

States through December 31, 2019, except that funds used for 

automation shall be available for Federal obligation through 

December 31, 2019, and for State obligation through September 

30, 2021, or, if the automation is being carried out through consortia of States, for State obligation through September 30, 

2024, and for expenditure through September 30, 2025, and 

funds for competitive grants awarded to States for improved operations and to conduct in-person reemployment and eligibility 

assessments and unemployment insurance improper payment 

reviews and provide reemployment services and referrals to 

training, as appropriate, shall be available for Federal obligation through December 31, 2019, and for obligation by the 

States through September 30, 2021, and funds for the Unemployment Insurance Integrity Center of Excellence shall be 

available for obligation by the State through September 30, 

2020, and funds used for unemployment insurance workloads 

experienced through September 30, 2019 shall be available for 

Federal obligation through December 31, 2019; 

(2) $12,000,000 from the Trust Fund is for national activities necessary to support the administration of the Federal-State 

unemployment insurance system; 

(3) $641,639,000 from the Trust Fund, together with 

$21,413,000 from the General Fund of the Treasury, is for 

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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 nonState entities under such grants, subject to the conditions applicable 

to the grants: Provided further, That funds appropriated under this 

Act for activities authorized under title III of the Social Security Act 

and the Wagner-Peyser Act may be used by States to fund integrated Unemployment Insurance and Employment Service automation efforts, notwithstanding cost allocation principles prescribed 

under the final rule entitled ‘‘Uniform Administrative Requirements, 

Cost Principles, and Audit Requirements for Federal Awards’’ at 


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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 Ad- ministration, $181,000,000, of which up to $3,000,000 shall be 

made available through September 30, 2020, for the procurement of 

expert witnesses for enforcement litigation. 

PENSION BENEFIT GUARANTY CORPORATION

PENSION BENEFIT GUARANTY CORPORATION FUND

The Pension Benefit Guaranty Corporation (‘‘Corporation’’) is 

authorized to make such expenditures, including financial assistance authorized by subtitle E of title IV of the Employee Retirement 

Income Security Act of 1974, within limits of funds and borrowing 

authority available to the Corporation, and in accord with law, and 

to make such contracts and commitments without regard to fiscal 

year limitations, as provided by 31 U.S.C. 9104, as may be necVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00078 Fmt 6659 Sfmt 6603 E:\HR\OC\HR952.XXX HR952

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essary 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. 


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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. 


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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 Oc- cupational Illness Compensation Program Act, $59,098,000, to remain available until expended: Provided, That the Secretary may 

require that any person filing a claim for benefits under the Act provide as part of such claim such identifying information (including 

Social Security account number) as may be prescribed. 

BLACK LUNG DISABILITY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

Such sums as may be necessary from the Black Lung Disability 

Trust Fund (the ‘‘Fund’’), to remain available until expended, for 

payment of all benefits authorized by section 9501(d)(1), (2), (6), and 

(7) of the Internal Revenue Code of 1986; and repayment of, and 

payment of interest on advances, as authorized by section 9501(d)(4) 

of that Act. In addition, the following amounts may be expended 

from the Fund for fiscal year 2019 for expenses of operation and administration of the Black Lung Benefits program, as authorized by 

section 9501(d)(5): not to exceed $38,246,000 for transfer to the Office of Workers’ Compensation Programs, ‘‘Salaries and Expenses’’; 

not to exceed $31,994,000 for transfer to Departmental Management, 

‘‘Salaries and Expenses’’; not to exceed $330,000 for transfer to Departmental Management, ‘‘Office of Inspector General’’; and not to 

exceed $356,000 for payments into miscellaneous receipts for the expenses of the Department of the Treasury. 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health Administration, $557,787,000, including not to exceed $102,350,000 

which shall be the maximum amount available for grants to States 

under section 23(g) of the Occupational Safety and Health Act (the 

‘‘Act’’), which grants shall be no less than 50 percent of the costs of 

State occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of 

the Act; and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health Administration may retain up to 

$499,000 per fiscal year of training institute course tuition and fees, 

otherwise authorized by law to be collected, and may utilize such 

sums for occupational safety and health training and education: 

Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is 


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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. 


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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. 


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OFFICE OF DISABILITY EMPLOYMENT POLICY

SALARIES AND EXPENSES

For necessary expenses for the Office of Disability Employment 

Policy to provide leadership, develop policy and initiatives, and 

award grants furthering the objective of eliminating barriers to the 

training and employment of people with disabilities, $38,203,000. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for Departmental Management, including the hire of three passenger motor vehicles, $337,756,000, together with not to exceed $308,000, which may be expended from the 

Employment Security Administration account in the Unemployment 

Trust Fund: Provided, That $59,825,000 for the Bureau of International Labor Affairs shall be available for obligation through December 31, 2019: Provided further, That funds available to the Bureau of International Labor Affairs may be used to administer or 

operate international labor activities, bilateral and multilateral 

technical assistance, and microfinance programs, by or through contracts, grants, subgrants and other arrangements: Provided further, 

That not more than $53,825,000 shall be for programs to combat exploitative child labor internationally and not less than $6,000,000 

shall be used to implement model programs that address worker 

rights issues through technical assistance in countries with which 

the United States has free trade agreements or trade preference programs: Provided further, That $8,040,000 shall be used for program 

evaluation and shall be available for obligation through September 

30, 2020: Provided further, That funds available for program evaluation may be used to administer grants for the purpose of evaluation: Provided further, That grants made for the purpose of evaluation shall be awarded through fair and open competition: Provided 

further, That funds available for program evaluation may be transferred to any other appropriate account in the Department for such 

purpose: Provided further, That the Committees on Appropriations 

of the House of Representatives and the Senate are notified at least 

15 days in advance of any transfer: Provided further, That the 

funds available to the Women’s Bureau may be used for grants to 

serve and promote the interests of women in the workforce: Provided 

further, That of the amounts made available to the Women’s Bureau, not less than $994,000 shall be used for grants authorized by 

the Women in Apprenticeship and Nontraditional Occupations Act. 

VETERANS EMPLOYMENT AND TRAINING

Not to exceed $250,041,000 may be derived from the Employment Security Administration account in the Unemployment Trust 

Fund to carry out the provisions of chapters 41, 42, and 43 of title 

38, United States Code, of which: 

(1) $180,000,000 is for Jobs for Veterans State grants 

under 38 U.S.C. 4102A(b)(5) to support disabled veterans’ outreach program specialists under section 4103A of such title and 


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local veterans’ employment representatives under section 

4104(b) of such title, and for the expenses described in section 

4102A(b)(5)(C), which shall be available for obligation by the 

States through December 31, 2019, and not to exceed 3 percent 

for the necessary Federal expenditures for data systems and 

contract support to allow for the tracking of participant and 

performance information: Provided, That, in addition, such 

funds may be used to support such specialists and representatives in the provision of services to transitioning members of the 

Armed Forces who have participated in the Transition Assistance Program and have been identified as in need of intensive 

services, to members of the Armed Forces who are wounded, ill, 

or injured and receiving treatment in military treatment facilities or warrior transition units, and to the spouses or other family caregivers of such wounded, ill, or injured members; (2) $23,379,000 is for carrying out the Transition Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144: Provided, That not more than $3,500,000 shall be used by the Secretary, in consultation with the Secretary of Defense and the 

Secretary of the Veterans Affairs, to carry out a pilot project designed to prepare transitioning service members to qualify for, 

and to assist in placing them in, apprenticeship programs, as 

an additional training opportunity under subsection (f) of 10 

U.S.C. 1144, including the costs of federal administration and 

evaluation of such pilot, and that the funds shall remain available for the pilot through September 30, 2020; (3) $43,248,000 is for Federal administration of chapters 

41, 42, and 43 of title 38, and sections 2021, 2021A and 2023 

of title 38, United States Code: Provided, That, up to $500,000 

may be used to carry out the Hire VETS Act (division O of Public Law 115–31); and 

(4) $3,414,000 is for the National Veterans’ Employment 

and Training Services Institute under 38 U.S.C. 4109: 

Provided, That the Secretary may reallocate among the appropriations provided under paragraphs (1) through (4) above an amount 

not to exceed 3 percent of the appropriation from which such reallocation is made. 

In addition, from the General Fund of the Treasury, 

$50,000,000 is for carrying out programs to assist homeless veterans 

and veterans at risk of homelessness who are transitioning from certain institutions under sections 2021, 2021A, and 2023 of title 38, 

United States Code: Provided, That notwithstanding subsections 

(c)(3) and (d) of section 2023, the Secretary may award grants 

through September 30, 2019, to provide services under such section: 

Provided further, That services provided under sections 2021 or 

under 2021A may include, in addition to services to homeless veterans described in section 2002(a)(1), services to veterans who were 

homeless at some point within the 60 days prior to program entry 

or veterans who are at risk of homelessness within the next 60 days, 

and that services provided under section 2023 may include, in addition to services to the individuals described in subsection (e) of such 

section, services to veterans recently released from incarceration who 

are at risk of homelessness: Provided further, That notwithstanding 

paragraph (3) under this heading, funds appropriated in this paragraph may be used for data systems and contract support to allow 


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for the tracking of participant and performance information: Provided further, That notwithstanding sections 2021(e)(2) and 

2021A(f)(2) of title 38, United States Code, such funds shall be 

available for expenditure pursuant to 31 U.S.C. 1553. 

In addition, fees may be assessed and deposited in the HIRE 

Vets Medallion Award Fund pursuant to section 5(b) of the HIRE 

Vets Act, and such amounts shall be available to the Secretary to 

carry out the HIRE Vets Medallion Award Program, as authorized 

by such Act, and shall remain available until expended: Provided, 

That such sums shall be in addition to any other funds available 

for such purposes, including funds available under paragraph (3) of 

this heading: Provided further, That section 2(d) of division O of the 

Consolidated Appropriations Act, 2017 (Public Law 115–31; 38 

U.S.C. 4100 note) shall not apply. 

IT MODERNIZATION

For necessary expenses for Department of Labor centralized infrastructure technology investment activities related to support systems and modernization, $23,269,000, which shall be available 

through September 30, 2020. 

OFFICE OF INSPECTOR GENERAL

For salaries and expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

$83,487,000, together with not to exceed $5,660,000 which may be 

expended from the Employment Security Administration account in 

the Unemployment Trust Fund. 

GENERAL PROVISIONS

SEC. 101. None of the funds appropriated by this Act for the 

Job Corps shall be used to pay the salary and bonuses of an individual, either as direct costs or any proration as an indirect cost, 

at a rate in excess of Executive Level II. 

(TRANSFER OF FUNDS)

SEC. 102. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985) which are appropriated for the current fiscal year for 

the Department of Labor in this Act may be transferred between a 

program, project, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer: 

Provided, That the transfer authority granted by this section shall 

not be used to create any new program or to fund any project or activity for which no funds are provided in this Act: Provided further, 

That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any 

transfer. 

SEC. 103. In accordance with Executive Order 13126, none of 

the funds appropriated or otherwise made available pursuant to 

this Act shall be obligated or expended for the procurement of goods 

mined, produced, manufactured, or harvested or services rendered, 

in whole or in part, by forced or indentured child labor in indusVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00086 Fmt 6659 Sfmt 6603 E:\HR\OC\HR952.XXX HR952

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tries 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 proVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00087 Fmt 6659 Sfmt 6603 E:\HR\OC\HR952.XXX HR952

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grams or activities that are funded under such accounts. Any funds 

reserved under this section shall be transferred to ‘‘Departmental 

Management’’ for use by the Office of the Chief Evaluation Officer 

within the Department of Labor, and shall be available for obligation through September 30, 2020: Provided, That such funds shall 

only be available if the Chief Evaluation Officer of the Department 

of Labor submits a plan to the Committees on Appropriations of the 

House of Representatives and the Senate describing the evaluations 

to be carried out 15 days in advance of any transfer. 

(b) The accounts referred to in subsection (a) are: ‘‘Training and 

Employment Services’’, ‘‘Job Corps’’, ‘‘Community Service Employment for Older Americans’’, ‘‘State Unemployment Insurance and 

Employment Service Operations’’, ‘‘Employee Benefits Security Administration’’, ‘‘Office of Workers’ Compensation Programs’’, ‘‘Wage 

and Hour Division’’, ‘‘Office of Federal Contract Compliance Programs’’, ‘‘Office of Labor Management Standards’’, ‘‘Occupational 

Safety and Health Administration’’, ‘‘Mine Safety and Health Administration’’, ‘‘Office of Disability Employment Policy’’, funding 

made available to the ‘‘Bureau of International Labor Affairs’’ and 

‘‘Women’s Bureau’’ within the ‘‘Departmental Management, Salaries 

and Expenses’’ account, and ‘‘Veterans Employment and Training’’. 

SEC. 108. (a) Section 7 of the Fair Labor Standards Act of 1938 

(29 U.S.C. 207) shall be applied as if the following text is part of 

such section: 

‘‘(s)(1) The provisions of this section shall not apply for a period 

of 2 years after the occurrence of a major disaster to any employee— 

‘‘(A) employed to adjust or evaluate claims resulting from 

or relating to such major disaster, by an employer not engaged, 

directly or through an affiliate, in underwriting, selling, or 

marketing property, casualty, or liability insurance policies or 

contracts; 

‘‘(B) who receives from such employer on average weekly compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever is 

greater, for the number of weeks such employee is engaged in 

any of the activities described in subparagraph (C); and 

‘‘(C) whose duties include any of the following: 

‘‘(i) interviewing insured individuals, individuals who 

suffered injuries or other damages or losses arising from or 

relating to a disaster, witnesses, or physicians; 

‘‘(ii) inspecting property damage or reviewing factual 

information to prepare damage estimates; 

‘‘(iii) evaluating and making recommendations regarding coverage or compensability of claims or determining liability or value aspects of claims; 

‘‘(iv) negotiating settlements; or 

‘‘(v) making recommendations regarding litigation. 

‘‘(2) The exemption in this subsection shall not affect the exemption provided by section 13(a)(1). 

‘‘(3) For purposes of this subsection— 

‘‘(A) the term ‘major disaster’ means any disaster or catastrophe declared or designated by any State or Federal agency 

or department; 

‘‘(B) the term ‘employee employed to adjust or evaluate 

claims resulting from or relating to such major disaster’ means 


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an individual who timely secured or secures a license required 

by applicable law to engage in and perform the activities described in clauses (i) through (v) of paragraph (1)(C) relating to 

a major disaster, and is employed by an employer that maintains worker compensation insurance coverage or protection for 

its employees, if required by applicable law, and withholds applicable Federal, State, and local income and payroll taxes from 

the wages, salaries and any benefits of such employees; and 

‘‘(C) the term ‘affiliate’ means a company that, by reason of 

ownership or control of 25 percent or more of the outstanding 

shares of any class of voting securities of one or more companies, directly or indirectly, controls, is controlled by, or is under 

common control with, another company.’’. 

(b) This section shall be effective on the date of enactment of 

this Act. 

(RESCISSION)

SEC. 109. Of the funds made available under the heading ‘‘Employment and Training Administration–Training and Employment 

Services’’ in division H of Public Law 115–141, $53,000,000 is rescinded, to be derived from the amount made available in paragraph (2)(A) under such heading for the period October 1, 2018, 

through September 30, 2019. 

SEC. 110. (a) FLEXIBILITY WITH RESPECT TO THE CROSSING OF

H–2B NONIMMIGRANTS WORKING IN THE SEAFOOD INDUSTRY.— (1) IN GENERAL.—Subject to paragraph (2), if a petition for 

H–2B nonimmigrants filed by an employer in the seafood industry is granted, the employer may bring the nonimmigrants 

described in the petition into the United States at any time during the 120-day period beginning on the start date for which the 

employer is seeking the services of the nonimmigrants without 

filing another petition. 

(2) REQUIREMENTS FOR CROSSINGS AFTER 90TH DAY.—An 

employer in the seafood industry may not bring H–2B nonimmigrants into the United States after the date that is 90 days 

after the start date for which the employer is seeking the services of the nonimmigrants unless the employer— 

(A) completes a new assessment of the local labor market by— 

(i) listing job orders in local newspapers on 2 separate Sundays; and 

(ii) posting the job opportunity on the appropriate 

Department of Labor Electronic Job Registry and at 

the employer’s place of employment; and 

(B) offers the job to an equally or better qualified 

United States worker who— 

(i) applies for the job; and 

(ii) will be available at the time and place of need. 

(3) EXEMPTION FROM RULES WITH RESPECT TO STAGGERING.—The Secretary of Labor shall not consider an employer in the seafood industry who brings H–2B nonimmigrants 

into the United States during the 120-day period specified in 

paragraph (1) to be staggering the date of need in violation of 

section 655.20(d) of title 20, Code of Federal Regulations, or 

any other applicable provision of law. 


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(b) H–2B NONIMMIGRANTS DEFINED.—In this section, the term 

‘‘H–2B nonimmigrants’’ means aliens admitted to the United States 

pursuant to section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)). 

SEC. 111. The determination of prevailing wage for the purposes of the H–2B program shall be the greater of—(1) the actual 

wage level paid by the employer to other employees with similar experience and qualifications for such position in the same location; 

or (2) the prevailing wage level for the occupational classification of 

the position in the geographic area in which the H–2B nonimmigrant will be employed, based on the best information available at the time of filing the petition. In the determination of prevailing wage for the purposes of the H–2B program, the Secretary 

shall accept private wage surveys even in instances where Occupational Employment Statistics survey data are available unless the 

Secretary determines that the methodology and data in the provided 

survey are not statistically supported. 

SEC. 112. None of the funds in this Act shall be used to enforce 

the definition of corresponding employment found in 20 CFR 655.5 

or the three-fourths guarantee rule definition found in 20 CFR 

655.20, or any references thereto. Further, for the purpose of regulating admission of temporary workers under the H–2B program, 

the definition of temporary need shall be that provided in 8 CFR 

214.2(h)(6)(ii)(B). 

SEC. 113. Notwithstanding any other provision of law, the Secretary may furnish through grants, cooperative agreements, contracts, and other arrangements, up to $2,000,000 of excess personal 

property to apprenticeship programs for the purpose of training apprentices in those programs. 

SEC. 114. The proviso at the end of paragraph (1) under the 

heading ‘‘Department of Labor—Employment and Training Administration—State Unemployment Insurance and Employment Service 

Operations’’ in title I of division G of Public Law 113–235 is amended by striking ‘‘six’’ and inserting ‘‘seven’’. 

SEC. 115. (a) The Act entitled ‘‘An Act to create a Department 

of Labor’’, approved March 4, 1913 (37 Stat. 736, chapter 141) shall 

be applied as if the following text is part of such Act: 

‘‘SEC. 12. SECURITY DETAIL. 

‘‘(a) IN GENERAL.—The Secretary of Labor is authorized to employ law enforcement officers or special agents to— 

‘‘(1) provide protection for the Secretary of Labor during the 

workday of the Secretary and during any activity that is preliminary or postliminary to the performance of official duties by 

the Secretary; 

‘‘(2) provide protection, incidental to the protection provided 

to the Secretary, to a member of the immediate family of the 

Secretary who is participating in an activity or event relating 

to the official duties of the Secretary; 

‘‘(3) provide continuous protection to the Secretary (including during periods not described in paragraph (1)) and to the 

members of the immediate family of the Secretary if there is a 

unique and articulable threat of physical harm, in accordance 

with guidelines established by the Secretary; and 

‘‘(4) provide protection to the Deputy Secretary of Labor or 

another senior officer representing the Secretary of Labor at a 


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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 


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Working Capital Fund and used for the acquisition of capital equipment and the improvement of financial management, information 

technology, infrastructure technology investment activities related to 

support systems and modernization, and other support systems, and 

to remain available until expended: Provided further, That the Secretary of Labor may transfer to the Working Capital Fund, to remain available for obligation for five fiscal years after the fiscal 

year of such transfer, annually an amount not to exceed $9,000,000 

from unobligated balances in the Department’s salaries and expenses accounts made available in this Act and hereafter, and annually an amount not to exceed $9,000,000 from unobligated balances in the Department’s discretionary grants accounts made available in this Act and hereafter, for the acquisition of capital equipment and the improvement of financial management, information 

technology, infrastructure technology investment activities related to 

support systems and modernization, and other support systems: Provided further, That none of the funds transferred pursuant to the 

preceding proviso shall be available unless the Chief Information 

Officer of the Department of Labor has submitted a plan, approved 

by the Office of Management and Budget, describing the amounts 

to be transferred by account, the planned use of funds, including descriptions of projects, project status, including any scheduled delays 

and cost overruns, financial expenditures, planned activities, and 

expected benefits, to the Committees on Appropriations of the House 

of Representatives and the Senate by July 31 of the calendar year 

prior to the fiscal year in which the transfer will occur: Provided 

further, That the Working Capital Fund may receive reimbursements from entities or persons for use of Departmental facilities, including associated utilities and security services, and such reimbursements shall be credited to and merged with the Working Capital Fund: Provided further, That pursuant to section 11319 of title 

40, United States Code, the Secretary shall ensure that the Department’s Chief Information Officer shall, at a minimum, be a principal advisor to the Secretary and a member on any board or governance structure of the Department responsible for advising and 

setting Department-wide information technology budgets: Provided 

further, That none of the funds available for information technology 

modernization under this section or under the heading ‘IT Modernization’ shall be used for information technology modernization 

projects unless an experienced project manager, employed by the Department of Labor, is assigned oversight responsibility, including 

but not limited to, ensuring such projects are completed within established timeframes and budgets.’’. 

(b) The following provisions are repealed: 

(1) The heading ‘‘Working Capital Fund’’ and the paragraph thereunder in Public Law 91–204, title I, 84 Stat. 26 

(1970); and 

(2) The heading ‘‘Working Capital Fund’’ and the paragraph thereunder in the Department of Labor, Health and 

Human Services, and Education, and Related Agencies Appropriations Act, 1994, Public Law 103–112, title I, 107 Stat. 1088 

(1993). 


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(RESCISSION)

SEC. 118. (a) That of the unobligated funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 

1356(s)(2)), $8,250,000 are permanently rescinded. 

(b) For an additional amount for ‘‘Employment and Training 

Administration—State Unemployment Insurance and Employment 

Service Operations’’, $8,250,000, to remain available until September 30, 2019, for processing applications for foreign labor certifications, including activities related to wage determinations and associated tasks, submitted by employers to employ nonimmigrants as 

described in section 6(d)(2) of the Joint Resolution entitled ‘‘A Joint 

Resolution to approve the ‘Covenant To Establish a Commonwealth 

of the Northern Mariana Islands in a Political Union with the 

United States of America’, and for other purposes’’, as amended by 

section 3 of the Northern Mariana Islands U.S. Workforce Act of 

2018 (Public Law 115–218). 

This title may be cited as the ‘‘Department of Labor Appropriations Act, 2019’’. 

TITLE II 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

HEALTH RESOURCES AND SERVICES ADMINISTRATION

PRIMARY HEALTH CARE

For carrying out titles II and III of the Public Health Service 

Act (referred to in this Act as the ‘‘PHS Act’’) with respect to primary health care and the Native Hawaiian Health Care Act of 

1988, $1,626,522,000 (in addition to the $4,000,000,000 previously 

appropriated to the Community Health Center Fund for fiscal year 

2019): Provided, That no more than $1,000,000 shall be available 

until expended for carrying out the provisions of section 224(o) of 

the PHS Act: Provided further, That no more than $120,000,000 

shall be available until expended for carrying out subsections (g) 

through (n) and (q) of section 224 of the PHS Act, and for expenses 

incurred by the Department of Health and Human Services (referred to in this Act as ‘‘HHS’’) pertaining to administrative claims 

made under such law: Provided further, That of funds provided for 

the Health Centers program, as defined by section 330 of the PHS 

Act, by this Act or any other Act for fiscal year 2019, not less than 

$200,000,000 shall be obligated in fiscal year 2019 for improving 

quality of care or expanded service grants under section 330 of the 

PHS Act to support and enhance behavioral health, mental health, 

or substance use disorder services. 

HEALTH WORKFORCE

For carrying out titles III, VII, and VIII of the PHS Act with 

respect to the health workforce, sections 1128E and 1921 of the Social Security Act, and the Health Care Quality Improvement Act of 

1986, $1,096,695,000: Provided, That sections 751(j)(2) and 762(k) 

of the PHS Act and the proportional funding amounts in paragraphs (1) through (4) of section 756(f) of the PHS Act shall not 

apply to funds made available under this heading: Provided furVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00093 Fmt 6659 Sfmt 6603 E:\HR\OC\HR952.XXX HR952

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ther, That for any program operating under section 751 of the PHS 

Act on or before January 1, 2009, the Secretary of Health and 

Human Services (referred to in this title as the ‘‘Secretary’’) may 

hereafter waive any of the requirements contained in sections 

751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project period 

of a grant under such section: Provided further, That no funds shall 

be available for section 340G–1 of the PHS Act: Provided further, 

That fees collected for the disclosure of information under section 

427(b) of the Health Care Quality Improvement Act of 1986 and sections 1128E(d)(2) and 1921 of the Social Security Act shall be sufficient to recover the full costs of operating the programs authorized 

by such sections and shall remain available until expended for the 

National Practitioner Data Bank: Provided further, That funds 

transferred to this account to carry out section 846 and subpart 3 

of part D of title III of the PHS Act may be used to make prior year 

adjustments to awards made under such section and subpart: Provided further, That $105,000,000 shall remain available until expended for the purposes of providing primary health services, assigning National Health Service Corps (‘‘NHSC’’) members to expand the delivery of substance use disorder treatment services, notwithstanding the assignment priorities and limitations under sections 333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of the PHS Act, and 

making payments under the NHSC Loan Repayment Program 

under section 338B of such Act: Provided further, That, in addition 

to amounts otherwise made available in the previous proviso, 

$15,000,000 shall remain available until expended for the purposes 

of making payments under the NHSC Loan Repayment Program 

under section 338B of the PHS Act to individuals participating in 

such program who provide primary health services in Indian Health 

Service facilities, Tribally-Operated 638 Health Programs, and 

Urban Indian Health Programs (as those terms are defined by the 

Secretary), notwithstanding the assignment priorities and limitations under section 333(b) of such Act: Provided further, That for 

purposes of the previous two provisos, section 331(a)(3)(D) of the 

PHS Act shall be applied as if the term ‘‘primary health services’’ 

includes clinical substance use disorder treatment services, including those provided by masters level, licensed substance use disorder 

treatment counselors. 

Of the funds made available under this heading, $25,000,000 

shall remain available until expended for grants to public institutions of higher education to expand or support graduate education 

for physicians provided by such institutions: Provided, That, in 

awarding such grants, the Secretary shall give priority to public institutions of higher education located in States with a projected primary care provider shortage in 2025, as determined by the Secretary: Provided further, That grants so awarded are limited to 

such public institutions of higher education in States in the top 

quintile of States with a projected primary care provider shortage 

in 2025, as determined by the Secretary: Provided further, That the 

minimum amount of a grant so awarded to such an institution 

shall be not less than $1,000,000 per year: Provided further, That 

such a grant may be awarded for a period not to exceed 5 years: 

Provided further, That such a grant awarded with respect to a year 

to such an institution shall be subject to a matching requirement of 

non-Federal funds in an amount that is not less than 10 percent of 


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the total amount of Federal funds provided in the grant to such institution with respect to such year. 

MATERNAL AND CHILD HEALTH

For carrying out titles III, XI, XII, and XIX of the PHS Act with 

respect to maternal and child health, title V of the Social Security 

Act, and section 712 of the American Jobs Creation Act of 2004, 

$926,789,000: Provided, That notwithstanding sections 502(a)(1) 

and 502(b)(1) of the Social Security Act, not more than 

$109,593,000 shall be available for carrying out special projects of 

regional and national significance pursuant to section 501(a)(2) of 

such Act and $10,276,000 shall be available for projects described 

in subparagraphs (A) through (F) of section 501(a)(3) of such Act. 

RYAN WHITE HIV/AIDS PROGRAM

For carrying out title XXVI of the PHS Act with respect to the 

Ryan White HIV/AIDS program, $2,318,781,000, of which 

$1,970,881,000 shall remain available to the Secretary through September 30, 2021, for parts A and B of title XXVI of the PHS Act, 

and of which not less than $900,313,000 shall be for State AIDS 

Drug Assistance Programs under the authority of section 2616 or 

311(c) of such Act. 

HEALTH CARE SYSTEMS

For carrying out titles III and XII of the PHS Act with respect 

to health care systems, and the Stem Cell Therapeutic and Research 

Act of 2005, $115,193,000, of which $122,000 shall be available 

until expended for facilities renovations at the Gillis W. Long Hansen’s Disease Center. 

RURAL HEALTH

For carrying out titles III and IV of the PHS Act with respect 

to rural health, section 427(a) of the Federal Coal Mine Health and 

Safety Act of 1969, and sections 711 and 1820 of the Social Security 

Act, $317,794,000, of which $53,609,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act, shall be 

available for carrying out the Medicare rural hospital flexibility 

grants program: Provided, That of the funds made available under 

this heading for Medicare rural hospital flexibility grants, 

$19,942,000 shall be available for the Small Rural Hospital Improvement Grant Program for quality improvement and adoption of 

health information technology and up to $1,000,000 shall be to 

carry out section 1820(g)(6) of the Social Security Act, with funds 

provided for grants under section 1820(g)(6) available for the purchase and implementation of telehealth services, including pilots 

and demonstrations on the use of electronic health records to coordinate rural veterans care between rural providers and the Department of Veterans Affairs electronic health record system: Provided 

further, That notwithstanding section 338J(k) of the PHS Act, 

$10,000,000 shall be available for State Offices of Rural Health: 

Provided further, That $10,000,000 shall remain available through 

September 30, 2021, to support the Rural Residency Development 


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Program: Provided further, That $120,000,000 shall be for the 

Rural Communities Opioids Response Program. 

FAMILY PLANNING

For carrying out the program under title X of the PHS Act to 

provide for voluntary family planning projects, $286,479,000: Provided, That amounts provided to said projects under such title shall 

not be expended for abortions, that all pregnancy counseling shall 

be nondirective, and that such amounts shall not be expended for 

any activity (including the publication or distribution of literature) 

that in any way tends to promote public support or opposition to 

any legislative proposal or candidate for public office. 

PROGRAM MANAGEMENT

For program support in the Health Resources and Services Administration, $155,250,000: Provided, That funds made available 

under this heading may be used to supplement program support 

funding provided under the headings ‘‘Primary Health Care’’, 

‘‘Health Workforce’’, ‘‘Maternal and Child Health’’, ‘‘Ryan White 

HIV/AIDS Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’. 

VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

For payments from the Vaccine Injury Compensation Program 

Trust Fund (the ‘‘Trust Fund’’), such sums as may be necessary for 

claims associated with vaccine-related injury or death with respect 

to vaccines administered after September 30, 1988, pursuant to subtitle 2 of title XXI of the PHS Act, to remain available until expended: Provided, That for necessary administrative expenses, not to 

exceed $9,200,000 shall be available from the Trust Fund to the 

Secretary. 

CENTERS FOR DISEASE CONTROL AND PREVENTION

IMMUNIZATION AND RESPIRATORY DISEASES

For carrying out titles II, III, XVII, and XXI, and section 2821 

of the PHS Act, titles II and IV of the Immigration and Nationality 

Act, and section 501 of the Refugee Education Assistance Act, with 

respect to immunization and respiratory diseases, $477,855,000. 

HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES, AND

TUBERCULOSIS PREVENTION

For carrying out titles II, III, XVII, and XXIII of the PHS Act 

with respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and tuberculosis prevention, $1,132,278,000. 

EMERGING AND ZOONOTIC INFECTIOUS DISEASES

For carrying out titles II, III, and XVII, and section 2821 of the 

PHS Act, titles II and IV of the Immigration and Nationality Act, 

and section 501 of the Refugee Education Assistance Act, with respect to emerging and zoonotic infectious diseases, $568,372,000. 


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CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION

For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS 

Act with respect to chronic disease prevention and health promotion, 

$932,821,000: Provided, That funds appropriated under this account may be available for making grants under section 1509 of the 

PHS Act for not less than 21 States, tribes, or tribal organizations: 

Provided further, That of the funds made available under this 

heading, $15,000,000 shall be available to continue and expand 

community specific extension and outreach programs to combat obesity in counties with the highest levels of obesity: Provided further, 

That the proportional funding requirements under section 1503(a) 

of the PHS Act shall not apply to funds made available under this 

heading. 

BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, DISABILITIES AND

HEALTH

For carrying out titles II, III, XI, and XVII of the PHS Act with 

respect to birth defects, developmental disabilities, disabilities and 

health, $155,560,000. 

PUBLIC HEALTH SCIENTIFIC SERVICES

For carrying out titles II, III, and XVII of the PHS Act with respect to health statistics, surveillance, health informatics, and workforce development, $496,397,000. 

ENVIRONMENTAL HEALTH

For carrying out titles II, III, and XVII of the PHS Act with re- spect to environmental health, $192,350,000. 

INJURY PREVENTION AND CONTROL

For carrying out titles II, III, and XVII of the PHS Act with re- spect 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 Oc- cupational 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 


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shall remain available through September 30, 2020 for international HIV/AIDS; and (2) $50,000,000 shall remain available 

through September 30, 2021 for Global Disease Detection and Emergency Response: Provided, That funds may be used for purchase 

and insurance of official motor vehicles in foreign countries. 

PUBLIC HEALTH PREPAREDNESS AND RESPONSE

For carrying out titles II, III, and XVII of the PHS Act with respect to public health preparedness and response, and for expenses 

necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian populations, $1,465,200,000, of which $610,000,000 shall remain available until expended for the Strategic National Stockpile: Provided, 

That the Director of the Centers for Disease Control and Prevention 

(referred to in this title as ‘‘CDC’’) or the Administrator of the Agency for Toxic Substances and Disease Registry may detail staff without reimbursement for up to 90 days to support an activation of the 

CDC Emergency Operations Center, so long as the Director or Administrator, as applicable, provides a notice to the Committees on 

Appropriations of the House of Representatives and the Senate within 15 days of the use of this authority and a full report within 30 

days after use of this authority which includes the number of staff 

and funding level broken down by the originating center and number of days detailed: Provided further, That funds appropriated 

under this heading may be used to support a contract for the operation and maintenance of an aircraft in direct support of activities 

throughout CDC to ensure the agency is prepared to address public 

health preparedness emergencies. 

BUILDINGS AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

For acquisition of real property, equipment, construction, demolition, and renovation of facilities, $30,000,000, which shall remain 

available until September 30, 2023: Provided, That funds previously 

set-aside by CDC for repair and upgrade of the Lake Lynn Experimental Mine and Laboratory shall be used to acquire a replacement 

mine safety research facility: Provided further, That in addition, the 

prior year unobligated balance of any amounts assigned to former 

employees in accounts of CDC made available for Individual Learning Accounts shall be credited to and merged with the amounts 

made available under this heading to support the replacement of the 

mine safety research facility. 

CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

For carrying out titles II, III, XVII and XIX, and section 2821 

of the PHS Act and for cross-cutting activities and program support 

for activities funded in other appropriations included in this Act for 

the Centers for Disease Control and Prevention, $163,570,000, of 

which up to $10,000,000 may be transferred to the reserve of the 

Working Capital Fund authorized under this heading in division F 

of Public Law 112–74: Provided, That paragraphs (1) through (3) 

of subsection (b) of section 2821 of the PHS Act shall not apply to 

funds appropriated under this heading and in all other accounts of 


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the CDC: Provided further, That employees of CDC or the Public 

Health Service, both civilian and commissioned officers, detailed to 

States, municipalities, or other organizations under authority of section 214 of the PHS Act, or in overseas assignments, shall be treated 

as non-Federal employees for reporting purposes only and shall not 

be included within any personnel ceiling applicable to the Agency, 

Service, or HHS during the period of detail or assignment: Provided 

further, That CDC may use up to $10,000 from amounts appropriated to CDC in this Act for official reception and representation 

expenses when specifically approved by the Director of CDC: Provided further, That in addition, such sums as may be derived from 

authorized user fees, which shall be credited to the appropriation 

charged with the cost thereof: Provided further, That with respect 

to the previous proviso, authorized user fees from the Vessel Sanitation Program and the Respirator Certification Program shall be 

available through September 30, 2020. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL CANCER INSTITUTE

For carrying out section 301 and title IV of the PHS Act with 

respect to cancer, $5,743,892,000, of which up to $30,000,000 may 

be used for facilities repairs and improvements at the National Cancer Institute—Frederick Federally Funded Research and Development Center in Frederick, Maryland. 

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For carrying out section 301 and title IV of the PHS Act with 

respect to cardiovascular, lung, and blood diseases, and blood and 

blood products, $3,488,335,000. 

NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

For carrying out section 301 and title IV of the PHS Act with 

respect to dental and craniofacial diseases, $461,781,000. 

NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY

DISEASES

For carrying out section 301 and title IV of the PHS Act with 

respect to diabetes and digestive and kidney disease, 

$2,029,823,000. 

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

For carrying out section 301 and title IV of the PHS Act with 

respect to neurological disorders and stroke, $2,216,913,000. 

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

For carrying out section 301 and title IV of the PHS Act with 

respect to allergy and infectious diseases, $5,523,324,000. 

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For carrying out section 301 and title IV of the PHS Act with respect to general medical sciences, $2,872,780,000, of which 


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$1,146,821,000 shall be from funds available under section 241 of 

the PHS Act: Provided, That not less than $361,573,000 is provided 

for the Institutional Development Awards program. 

EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH

AND HUMAN DEVELOPMENT

For carrying out section 301 and title IV of the PHS Act with 

respect to child health and human development, $1,506,458,000. 

NATIONAL EYE INSTITUTE

For carrying out section 301 and title IV of the PHS Act with 

respect to eye diseases and visual disorders, $796,536,000. 

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For carrying out section 301 and title IV of the PHS Act with 

respect to environmental health sciences, $774,707,000. 

NATIONAL INSTITUTE ON AGING

For carrying out section 301 and title IV of the PHS Act with 

respect to aging, $3,083,410,000. 

NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND

SKIN DISEASES

For carrying out section 301 and title IV of the PHS Act with 

respect to arthritis and musculoskeletal and skin diseases, 

$605,065,000. 

NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION

DISORDERS

For carrying out section 301 and title IV of the PHS Act with 

respect to deafness and other communication disorders, 

$474,404,000. 

NATIONAL INSTITUTE OF NURSING RESEARCH

For carrying out section 301 and title IV of the PHS Act with 

respect to nursing research, $162,992,000. 

NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

For carrying out section 301 and title IV of the PHS Act with 

respect to alcohol abuse and alcoholism, $525,591,000. 

NATIONAL INSTITUTE ON DRUG ABUSE

For carrying out section 301 and title IV of the PHS Act with 

respect to drug abuse, $1,419,844,000. 

NATIONAL INSTITUTE OF MENTAL HEALTH

For carrying out section 301 and title IV of the PHS Act with 

respect to mental health, $1,812,796,000. 


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NATIONAL HUMAN GENOME RESEARCH INSTITUTE

For carrying out section 301 and title IV of the PHS Act with respect to human genome research, $575,579,000. 

NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

For carrying out section 301 and title IV of the PHS Act with 

respect to biomedical imaging and bioengineering research, 

$389,464,000. 

NATIONAL CENTER FOR COMPLEMENTARY AND INTEGRATIVE HEALTH

For carrying out section 301 and title IV of the PHS Act with respect to complementary and integrative health, $146,473,000. 

NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES

For carrying out section 301 and title IV of the PHS Act with 

respect to minority health and health disparities research, 

$314,679,000. 

JOHN E. FOGARTY INTERNATIONAL CENTER

For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of the 

PHS Act), $78,109,000. 

NATIONAL LIBRARY OF MEDICINE

For carrying out section 301 and title IV of the PHS Act with respect to health information communications, $441,997,000: Provided, That of the amounts available for improvement of information systems, $4,000,000 shall be available until September 30, 

2020: Provided further, That in fiscal year 2019, the National Library of Medicine may enter into personal services contracts for the 

provision of services in facilities owned, operated, or constructed 

under the jurisdiction of the National Institutes of Health (referred 

to in this title as ‘‘NIH’’). 

NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES

For carrying out section 301 and title IV of the PHS Act with respect to translational sciences, $806,373,000: Provided, That up to 

$80,000,000 shall be available to implement section 480 of the PHS 

Act, relating to the Cures Acceleration Network: Provided further, 

That at least $559,736,000 is provided to the Clinical and 

Translational Sciences Awards program. 

OFFICE OF THE DIRECTOR

(INCLUDING TRANSFER OF FUNDS)

For carrying out the responsibilities of the Office of the Director, 

NIH, $1,909,075,000: Provided, That funding shall be available for 

the purchase of not to exceed 29 passenger motor vehicles for replacement only: Provided further, That all funds credited to the 

NIH Management Fund shall remain available for one fiscal year 

after the fiscal year in which they are deposited: Provided further, 

That $165,000,000 shall be for the Environmental Influences on 


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Child Health Outcomes study: Provided further, That $606,566,000 

shall be available for the Common Fund established under section 

402A(c)(1) of the PHS Act: Provided further, That of the funds provided, $10,000 shall be for official reception and representation expenses when specifically approved by the Director of the NIH: Provided further, That the Office of AIDS Research within the Office 

of the Director of the NIH may spend up to $8,000,000 to make 

grants for construction or renovation of facilities as provided for in 

section 2354(a)(5)(B) of the PHS Act: Provided further, That 

$50,000,000 shall be used to carry out section 404I of the PHS Act 

(42 U.S.C. 283K), relating to biomedical and behavioral research facilities: Provided further, That $5,000,000 shall be transferred to 

and merged with the appropriation for the ‘‘Office of Inspector General’’ for oversight of grant programs and operations of the NIH, including agency efforts to ensure the integrity of its grant application 

evaluation and selection processes, and shall be in addition to funds 

otherwise made available for oversight of the NIH: Provided further, 

That the funds provided in the previous proviso may be transferred 

from one specified activity to another with 15 days prior approval 

of the Committees on Appropriations of the House of Representatives 

and the Senate: Provided further, That the Inspector General shall 

consult with the Committees on Appropriations of the House of Representatives and the Senate before submitting to the Committees an 

audit plan for fiscal years 2019 and 2020 no later than 30 days 

after the date of enactment of this Act. 

In addition to other funds appropriated for the Common Fund 

established under section 402A(c) of the PHS Act, $12,600,000 is appropriated to the Common Fund from the 10-year Pediatric Research Initiative Fund described in section 9008 of title 26, United 

States Code, for the purpose of carrying out section 402(b)(7)(B)(ii) 

of the PHS Act (relating to pediatric research), as authorized in the 

Gabriella Miller Kids First Research Act. 

BUILDINGS AND FACILITIES

For the study of, construction of, demolition of, renovation of, 

and acquisition of equipment for, facilities of or used by NIH, including the acquisition of real property, $200,000,000, to remain 

available through September 30, 2023. 

NIH INNOVATION ACCOUNT, CURES ACT

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the purposes described in 

section 1001(b)(4) of the 21st Century Cures Act, in addition to 

amounts available for such purposes in the appropriations provided 

to the NIH in this Act, $711,000,000, to remain available until expended: Provided, That such amounts are appropriated pursuant to 

section 1001(b)(3) of such Act, are to be derived from amounts transferred under section 1001(b)(2)(A) of such Act, and may be transferred by the Director of the National Institutes of Health to other 

accounts of the National Institutes of Health solely for the purposes 

provided in such Act: Provided further, That upon a determination 

by the Director that funds transferred pursuant to the previous proviso are not necessary for the purposes provided, such amounts may 


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be transferred back to the Account: Provided further, That the 

transfer authority provided under this heading is in addition to any 

other transfer authority provided by law. 

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

MENTAL HEALTH

For carrying out titles III, V, and XIX of the PHS Act with respect to mental health, and the Protection and Advocacy for Individuals with Mental Illness Act, $1,524,974,000: Provided, That of the 

funds made available under this heading, $63,887,000 shall be for 

the National Child Traumatic Stress Initiative, of which 

$10,000,000 shall be awarded not later than December 1, 2018, for 

activities described in the joint explanatory statement accompanying 

this Act: Provided further, That notwithstanding section 520A(f)(2) 

of the PHS Act, no funds appropriated for carrying out section 520A 

shall be available for carrying out section 1971 of the PHS Act: Provided further, That in addition to amounts provided herein, 

$21,039,000 shall be available under section 241 of the PHS Act to 

carry out subpart I of part B of title XIX of the PHS Act to fund 

section 1920(b) technical assistance, national data, data collection 

and evaluation activities, and further that the total available under 

this Act for section 1920(b) activities shall not exceed 5 percent of 

the amounts appropriated for subpart I of part B of title XIX: Provided further, That up to 10 percent of the amounts made available 

to carry out the Children’s Mental Health Services program may be 

used to carry out demonstration grants or contracts for early interventions with persons not more than 25 years of age at clinical high 

risk of developing a first episode of psychosis: Provided further, 

That section 520E(b)(2) of the PHS Act shall not apply to funds appropriated in this Act for fiscal year 2019: Provided further, That 

States shall expend at least 10 percent of the amount each receives 

for carrying out section 1911 of the PHS Act to support evidencebased 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 


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abuse prevention and treatment block grant under subpart II of part 

B of title XIX of the PHS Act (42 U.S.C. 300x–21 et seq.): Provided 

further, That of such amount $50,000,000 shall be made available 

to Indian Tribes or tribal organizations: Provided further, That 15 

percent of the remaining amount shall be for the States with the 

highest mortality rate related to opioid use disorders: Provided further, That of the amounts provided for State Opioid Response 

Grants not more than 2 percent shall be available for Federal administrative expenses, training, technical assistance, and evaluation: Provided further, That of the amount not reserved by the previous three provisos, the Secretary shall make allocations to States, 

territories, and the District of Columbia according to a formula 

using national survey results that the Secretary determines are the 

most objective and reliable measure of drug use and drug-related 

deaths: Provided further, That the Secretary shall submit the formula methodology to the Committees on Appropriations of the 

House of Representatives and the Senate not less than 15 days prior 

to publishing a Funding Opportunity Announcement: Provided further, That prevention and treatment activities funded through such 

grants may include education, treatment (including the provision of 

medication), behavioral health services for individuals in treatment 

programs, referral to treatment services, recovery support, and medical screening associated with such treatment: Provided further, 

That each State, as well as the District of Columbia, shall receive 

not less than $4,000,000: Provided further, That in addition to 

amounts provided herein, the following amounts shall be available 

under section 241 of the PHS Act: (1) $79,200,000 to carry out subpart II of part B of title XIX of the PHS Act to fund section 1935(b) 

technical assistance, national data, data collection and evaluation 

activities, and further that the total available under this Act for section 1935(b) activities shall not exceed 5 percent of the amounts appropriated for subpart II of part B of title XIX; and (2) $2,000,000 

to evaluate substance abuse treatment programs: Provided further, 

That none of the funds provided for section 1921 of the PHS Act or 

State Opioid Response Grants shall be subject to section 241 of such 

Act. 

SUBSTANCE ABUSE PREVENTION

For carrying out titles III and V of the PHS Act with respect 

to substance abuse prevention, $205,469,000. 

HEALTH SURVEILLANCE AND PROGRAM SUPPORT

For program support and cross-cutting activities that supplement activities funded under the headings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance Abuse Prevention’’ in carrying out titles III, V, and XIX of the PHS Act and the Protection 

and Advocacy for Individuals with Mental Illness Act in the Substance Abuse and Mental Health Services Administration, 

$128,830,000: Provided, That in addition to amounts provided herein, $31,428,000 shall be available under section 241 of the PHS Act 

to supplement funds available to carry out national surveys on drug 

abuse and mental health, to collect and analyze program data, and 

to conduct public awareness and technical assistance activities: Provided further, That, in addition, fees may be collected for the costs 


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of publications, data, data tabulations, and data analysis completed 

under title V of the PHS Act and provided to a public or private 

entity upon request, which shall be credited to this appropriation 

and shall remain available until expended for such purposes: Provided further, That amounts made available in this Act for carrying 

out section 501(o) of the PHS Act shall remain available through 

September 30, 2020: Provided further, That funds made available 

under this heading may be used to supplement program support 

funding provided under the headings ‘‘Mental Health’’, ‘‘Substance 

Abuse Treatment’’, and ‘‘Substance Abuse Prevention’’. 

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

HEALTHCARE RESEARCH AND QUALITY

For carrying out titles III and IX of the PHS Act, part A of title 

XI of the Social Security Act, and section 1013 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, 

$338,000,000: Provided, That section 947(c) of the PHS Act shall 

not apply in fiscal year 2019: Provided further, That in addition, 

amounts received from Freedom of Information Act fees, reimbursable and interagency agreements, and the sale of data shall be credited to this appropriation and shall remain available until September 30, 2020. 

CENTERS FOR MEDICARE & MEDICAID SERVICES

GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, titles XI and 

XIX of the Social Security Act, $276,236,212,000, to remain available until expended. 

For making, after May 31, 2019, payments to States under title 

XIX or in the case of section 1928 on behalf of States under title XIX 

of the Social Security Act for the last quarter of fiscal year 2019 for 

unanticipated costs incurred for the current fiscal year, such sums 

as may be necessary. 

For making payments to States or in the case of section 1928 

on behalf of States under title XIX of the Social Security Act for the 

first quarter of fiscal year 2020, $137,931,797,000, to remain available until expended. 

Payment under such title XIX may be made for any quarter 

with respect to a State plan or plan amendment in effect during 

such quarter, if submitted in or prior to such quarter and approved 

in that or any subsequent quarter. 

PAYMENTS TO THE HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance Trust Fund and 

the Federal Supplementary Medical Insurance Trust Fund, as provided under sections 217(g), 1844, and 1860D–16 of the Social Security Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, section 278(d)(3) of Public Law 97–248, and for administrative expenses incurred pursuant to section 201(g) of the Social Security Act, $378,343,800,000. 

In addition, for making matching payments under section 1844 

and benefit payments under section 1860D–16 of the Social Security 


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Act that were not anticipated in budget estimates, such sums as 

may be necessary. 

PROGRAM MANAGEMENT

For carrying out, except as otherwise provided, titles XI, XVIII, 

XIX, and XXI of the Social Security Act, titles XIII and XXVII of 

the PHS Act, the Clinical Laboratory Improvement Amendments of 

1988, and other responsibilities of the Centers for Medicare & Medicaid Services, not to exceed $3,669,744,000, to be transferred from 

the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund, as authorized by section 

201(g) of the Social Security Act; together with all funds collected 

in accordance with section 353 of the PHS Act and section 

1857(e)(2) of the Social Security Act, funds retained by the Secretary 

pursuant to section 1893(h) of the Social Security Act, and such 

sums as may be collected from authorized user fees and the sale of 

data, which shall be credited to this account and remain available 

until expended: Provided, That all funds derived in accordance with 

31 U.S.C. 9701 from organizations established under title XIII of 

the PHS Act shall be credited to and available for carrying out the 

purposes of this appropriation: Provided further, That the Secretary 

is directed to collect fees in fiscal year 2019 from Medicare Advantage organizations pursuant to section 1857(e)(2) of the Social Security Act and from eligible organizations with risk-sharing contracts 

under section 1876 of that Act pursuant to section 1876(k)(4)(D) of 

that Act. 

HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

In addition to amounts otherwise available for program integrity and program management, $765,000,000, to remain available 

through September 30, 2020, to be transferred from the Federal 

Hospital Insurance Trust Fund and the Federal Supplementary 

Medical Insurance Trust Fund, as authorized by section 201(g) of 

the Social Security Act, of which $599,389,000 shall be for the Centers for Medicare & Medicaid Services program integrity activities, 

of which $87,230,000 shall be for the Department of Health and 

Human Services Office of Inspector General to carry out fraud and 

abuse activities authorized by section 1817(k)(3) of such Act, and of 

which $78,381,000 shall be for the Department of Justice to carry 

out fraud and abuse activities authorized by section 1817(k)(3) of 

such Act: Provided, That the report required by section 1817(k)(5) 

of the Social Security Act for fiscal year 2019 shall include measures of the operational efficiency and impact on fraud, waste, and 

abuse in the Medicare, Medicaid, and CHIP programs for the funds 

provided by this appropriation: Provided further, That of the 

amount provided under this heading, $311,000,000 is provided to 

meet the terms of section 251(b)(2)(C)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985, as amended, and 

$454,000,000 is additional new budget authority specified for purposes of section 251(b)(2)(C) of such Act: Provided further, That the 

Secretary shall provide not less than $17,621,000 for the Senior 

Medicare Patrol program to combat health care fraud and abuse 

from the funds provided to this account. 


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ADMINISTRATION FOR CHILDREN AND FAMILIES

PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND

FAMILY SUPPORT PROGRAMS

For carrying out, except as otherwise provided, titles I, IV–D, X, 

XI, XIV, and XVI of the Social Security Act and the Act of July 5, 

1960, $2,922,247,000, to remain available until expended; and for 

such purposes for the first quarter of fiscal year 2020, 

$1,400,000,000, to remain available until expended. 

For carrying out, after May 31 of the current fiscal year, except 

as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, for the last 3 months 

of the current fiscal year for unanticipated costs, incurred for the 

current fiscal year, such sums as may be necessary. 

LOW INCOME HOME ENERGY ASSISTANCE

For making payments under subsections (b) and (d) of section 

2602 of the Low Income Home Energy Assistance Act of 1981, 

$3,690,304,000: Provided, That all but $716,000,000 of this amount 

shall be allocated as though the total appropriation for such payments for fiscal year 2019 was less than $1,975,000,000: Provided 

further, That notwithstanding section 2609A(a), of the amounts appropriated under section 2602(b), not more than $2,988,000 of such 

amounts may be reserved by the Secretary for technical assistance, 

training, and monitoring of program activities for compliance with 

internal controls, policies and procedures and may, in addition to 

the authorities provided in section 2609A(a)(1), use such funds 

through contracts with private entities that do not qualify as nonprofit organizations. 

REFUGEE AND ENTRANT ASSISTANCE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for refugee and entrant assistance activities authorized by section 414 of the Immigration and Nationality 

Act and section 501 of the Refugee Education Assistance Act of 

1980, and for carrying out section 462 of the Homeland Security Act 

of 2002, section 235 of the William Wilberforce Trafficking Victims 

Protection Reauthorization Act of 2008, the Trafficking Victims Protection Act of 2000 (‘‘TVPA’’), and the Torture Victims Relief Act of 

1998, $1,905,201,000, of which $1,864,446,000 shall remain available through September 30, 2021 for carrying out such sections 414, 

501, 462, and 235: Provided, That amounts available under this 

heading to carry out the TVPA shall also be available for research 

and evaluation with respect to activities under such Act: Provided 

further, That the limitation in section 205 of this Act regarding 

transfers increasing any appropriation shall apply to transfers to 

appropriations under this heading by substituting ‘‘15 percent’’ for 

‘‘3 percent’’. 

PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT

BLOCK GRANT

For carrying out the Child Care and Development Block Grant 

Act of 1990 (‘‘CCDBG Act’’), $5,276,000,000 shall be used to suppleVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00107 Fmt 6659 Sfmt 6603 E:\HR\OC\HR952.XXX HR952

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ment, not supplant State general revenue funds for child care assistance for low-income families: Provided, That technical assistance 

under section 658I(a)(3) of such Act may be provided directly, or 

through the use of contracts, grants, cooperative agreements, or 

interagency agreements: Provided further, That all funds made 

available to carry out section 418 of the Social Security Act (42 

U.S.C. 618), including funds appropriated for that purpose in such 

section 418 or any other provision of law, shall be subject to the reservation of funds authority in paragraphs (4) and (5) of section 

658O(a) of the CCDBG Act: Provided further, That in addition to 

the amounts required to be reserved by the Secretary under section 

658O(a)(2)(A) of such Act, $156,780,000 shall be for Indian tribes 

and tribal organizations. 

SOCIAL SERVICES BLOCK GRANT

For making grants to States pursuant to section 2002 of the Social Security Act, $1,700,000,000: Provided, That notwithstanding 

subparagraph (B) of section 404(d)(2) of such Act, the applicable 

percent specified under such subparagraph for a State to carry out 

State programs pursuant to title XX–A of such Act shall be 10 percent. 

CHILDREN AND FAMILIES SERVICES PROGRAMS

For carrying out, except as otherwise provided, the Runaway 

and Homeless Youth Act, the Head Start Act, the Every Student 

Succeeds Act, the Child Abuse Prevention and Treatment Act, sections 303 and 313 of the Family Violence Prevention and Services 

Act, the Native American Programs Act of 1974, title II of the Child 

Abuse Prevention and Treatment and Adoption Reform Act of 1978 

(adoption opportunities), part B–1 of title IV and sections 429, 

473A, 477(i), 1110, 1114A, and 1115 of the Social Security Act, and 

the Community Services Block Grant Act (‘‘CSBG Act’’); and for necessary administrative expenses to carry out titles I, IV, V, X, XI, 

XIV, XVI, and XX–A of the Social Security Act, the Act of July 5, 

1960, the Low-Income Home Energy Assistance Act of 1981, the 

Child Care and Development Block Grant Act of 1990, the Assets 

for Independence Act, title IV of the Immigration and Nationality 

Act, and section 501 of the Refugee Education Assistance Act of 

1980, $12,239,225,000, of which $75,000,000, to remain available 

through September 30, 2020, shall be for grants to States for adoption and legal guardianship incentive payments, as defined by section 473A of the Social Security Act and may be made for adoptions 

and legal guardianships completed before September 30, 2019: Provided, That $10,063,095,000 shall be for making payments under 

the Head Start Act, of which, notwithstanding section 640 of such 

Act: 

(1) $150,000,000 shall be available for a cost of living adjustment, and with respect to any continuing appropriations 

act, funding available for a cost of living adjustment shall not 

be construed as an authority or condition under this Act; 

(2) $25,000,000 shall be available for allocation by the Secretary to supplement activities described in paragraphs (7)(B) 

and (9) of section 641(c) of the Head Start Act under the Designation Renewal System, established under the authority of 


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sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act, and 

such funds shall not be included in the calculation of ‘‘base 

grant’’ in subsequent fiscal years, as such term is used in section 640(a)(7)(A) of such Act; and (3) $805,000,000, in addition to funds otherwise available 

under such section 640 for such purposes, shall be available 

through March 31, 2020, for Early Head Start programs as described in section 645A of such Act, for conversion of Head 

Start services to Early Head Start services as described in section 645(a)(5)(A) of such Act, for discretionary grants for high 

quality infant and toddler care through Early Head Start-Child 

Care Partnerships, to entities defined as eligible under section 

645A(d) of such Act, for training and technical assistance for 

such activities, and for up to $16,000,000 in Federal costs of 

administration and evaluation: 

Provided further, That the Secretary may reduce the reservation of 

funds under section 640(a)(2)(C) of such Act in lieu of reducing the 

reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and 

640(a)(2)(E) of such Act: Provided further, That $250,000,000 shall 

be available until December 31, 2019 for carrying out sections 9212 

and 9213 of the Every Student Succeeds Act: Provided further, That 

up to 3 percent of the funds in the preceding proviso shall be available for technical assistance and evaluation related to grants 

awarded under such section 9212: Provided further, That 

$753,883,000 shall be for making payments under the CSBG Act: 

Provided further, That $29,233,000 shall be for sections 680 and 

678E(b)(2) of the CSBG Act, of which not less than $19,883,000 

shall be for section 680(a)(2) and not less than $9,000,000 shall be 

for section 680(a)(3)(B) of such Act: Provided further, That, notwithstanding section 675C(a)(3) of such Act, to the extent Community 

Services Block Grant funds are distributed as grant funds by a 

State to an eligible entity as provided under such Act, and have not 

been expended by such entity, they shall remain with such entity for 

carryover into the next fiscal year for expenditure by such entity consistent with program purposes: Provided further, That the Secretary 

shall establish procedures regarding the disposition of intangible 

assets and program income that permit such assets acquired with, 

and program income derived from, grant funds authorized under 

section 680 of the CSBG Act to become the sole property of such 

grantees after a period of not more than 12 years after the end of 

the grant period for any activity consistent with section 680(a)(2)(A) 

of the CSBG Act: Provided further, That intangible assets in the 

form of loans, equity investments and other debt instruments, and 

program income may be used by grantees for any eligible purpose 

consistent with section 680(a)(2)(A) of the CSBG Act: Provided further, That these procedures shall apply to such grant funds made 

available after November 29, 1999: Provided further, That funds 

appropriated for section 680(a)(2) of the CSBG Act shall be available for financing construction and rehabilitation and loans or investments in private business enterprises owned by community development corporations: Provided further, That $164,500,000 shall 

be for carrying out section 303(a) of the Family Violence Prevention 

and Services Act, of which $5,000,000 shall be allocated notwithstanding section 303(a)(2) of such Act for carrying out section 309 

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tion 112(a)(2) of the Child Abuse Prevention and Treatment Act 

shall not apply to funds appropriated under this heading: Provided 

further, That $1,864,000 shall be for a human services case management system for federally declared disasters, to include a comprehensive national case management contract and Federal costs of 

administering the system: Provided further, That up to $2,000,000 

shall be for improving the Public Assistance Reporting Information 

System, including grants to States to support data collection for a 

study of the system’s effectiveness. 

PROMOTING SAFE AND STABLE FAMILIES

For carrying out, except as otherwise provided, section 436 of 

the Social Security Act, $345,000,000 and, for carrying out, except 

as otherwise provided, section 437 of such Act, $99,765,000: Provided, That of the funds available to carry out section 437, 

$59,765,000 shall be allocated consistent with subsections (b) 

through (d) of such section: Provided further, That of the funds 

available to carry out section 437, to assist in meeting the requirements described in section 471(e)(4)(C), $20,000,000 shall be for 

grants to each State, territory, and Indian tribe operating title IV– 

E plans for developing, enhancing, or evaluating kinship navigator 

programs, as described in section 427(a)(1) of such Act, and 

$20,000,000, in addition to funds otherwise appropriated in section 

436 for such purposes, shall be for competitive grants to regional 

partnerships as described in section 437(f): Provided further, That 

section 437(b)(1) shall be applied to amounts in the previous proviso 

by substituting ‘‘5 percent’’ for ‘‘3.3 percent’’, and notwithstanding 

section 436(b)(1), such reserved amounts may be used for identifying, establishing, and disseminating practices to meet the criteria 

specified in section 471(e)(4)(C): Provided further, That the reservation in section 437(b)(2) and the limitations in section 437(d) shall 

not apply to funds specified in the second proviso: Provided further, 

That the minimum grant award for kinship navigator programs in 

the case of States and territories shall be $200,000, and, in the case 

of tribes, shall be $25,000: Provided further, That section 437(b)(4) 

of such Act shall be applied by substituting ‘‘fiscal year 2019’’ for 

‘‘fiscal year 2018’’. 

PAYMENTS FOR FOSTER CARE AND PERMANENCY

For carrying out, except as otherwise provided, title IV–E of the 

Social Security Act, $6,035,000,000. 

For carrying out, except as otherwise provided, title IV–E of the 

Social Security Act, for the first quarter of fiscal year 2020, 

$2,800,000,000. 

For carrying out, after May 31 of the current fiscal year, except 

as otherwise provided, section 474 of title IV–E of the Social Security Act, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as may 

be necessary. 


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ADMINISTRATION FOR COMMUNITY LIVING

AGING AND DISABILITY SERVICES PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For carrying out, to the extent not otherwise provided, the Older 

Americans Act of 1965 (‘‘OAA’’), the RAISE Family Caregivers Act, 

the Supporting Grandparents Raising Grandchildren Act, titles III 

and XXIX of the PHS Act, sections 1252 and 1253 of the PHS Act, 

section 119 of the Medicare Improvements for Patients and Providers Act of 2008, title XX–B of the Social Security Act, the Developmental Disabilities Assistance and Bill of Rights Act, parts 2 and 

5 of subtitle D of title II of the Help America Vote Act of 2002, the 

Assistive Technology Act of 1998, titles II and VII (and section 14 

with respect to such titles) of the Rehabilitation Act of 1973, and for 

Department-wide coordination of policy and program activities that 

assist individuals with disabilities, $2,120,200,000, together with 

$49,115,000 to be transferred from the Federal Hospital Insurance 

Trust Fund and the Federal Supplementary Medical Insurance 

Trust Fund to carry out section 4360 of the Omnibus Budget Reconciliation Act of 1990: Provided, That amounts appropriated under 

this heading may be used for grants to States under section 361 of 

the OAA only for disease prevention and health promotion programs 

and activities which have been demonstrated through rigorous evaluation to be evidence-based and effective: Provided further, That of 

amounts made available under this heading to carry out sections 

311, 331, and 336 of the OAA, up to one percent of such amounts 

shall be available for developing and implementing evidence-based 

practices for enhancing senior nutrition: Provided further, That notwithstanding any other provision of this Act, funds made available 

under this heading to carry out section 311 of the OAA may be 

transferred to the Secretary of Agriculture in accordance with such 

section: Provided further, That $2,000,000 shall be for competitive 

grants to support alternative financing programs that provide for 

the purchase of assistive technology devices, such as a low-interest 

loan fund; an interest buy-down program; a revolving loan fund; a 

loan guarantee; or an insurance program: Provided further, That 

applicants shall provide an assurance that, and information describing the manner in which, the alternative financing program 

will expand and emphasize consumer choice and control: Provided 

further, That State agencies and community-based disability organizations that are directed by and operated for individuals with disabilities shall be eligible to compete: Provided further, That none of 

the funds made available under this heading may be used by an eligible system (as defined in section 102 of the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10802)) to 

continue to pursue any legal action in a Federal or State court on 

behalf of an individual or group of individuals with a developmental disability (as defined in section 102(8)(A) of the Developmental Disabilities and Assistance and Bill of Rights Act of 2000 

(20 U.S.C. 15002(8)(A)) that is attributable to a mental impairment 

(or a combination of mental and physical impairments), that has as 

the requested remedy the closure of State operated intermediate care 

facilities for people with intellectual or developmental disabilities, 

unless reasonable public notice of the action has been provided to 


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such individuals (or, in the case of mental incapacitation, the legal 

guardians who have been specifically awarded authority by the 

courts to make healthcare and residential decisions on behalf of 

such individuals) who are affected by such action, within 90 days 

of instituting such legal action, which informs such individuals (or 

such legal guardians) of their legal rights and how to exercise such 

rights consistent with current Federal Rules of Civil Procedure: Provided further, That the limitations in the immediately preceding 

proviso shall not apply in the case of an individual who is neither 

competent to consent nor has a legal guardian, nor shall the proviso 

apply in the case of individuals who are a ward of the State or subject to public guardianship. 

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for general departmental management, including hire of six passenger motor vehicles, and for carrying out titles III, XVII, XXI, and section 229 of 

the PHS Act, the United States-Mexico Border Health Commission 

Act, and research studies under section 1110 of the Social Security 

Act, $480,629,000, together with $64,828,000 from the amounts 

available under section 241 of the PHS Act to carry out national 

health or human services research and evaluation activities: Provided, That of this amount, $53,900,000 shall be for minority AIDS 

prevention and treatment activities: Provided further, That of the 

funds made available under this heading, $101,000,000 shall be for 

making competitive contracts and grants to public and private entities to fund medically accurate and age appropriate programs that 

reduce teen pregnancy and for the Federal costs associated with administering and evaluating such contracts and grants, of which not 

more than 10 percent of the available funds shall be for training 

and technical assistance, evaluation, outreach, and additional program support activities, and of the remaining amount 75 percent 

shall be for replicating programs that have been proven effective 

through rigorous evaluation to reduce teenage pregnancy, behavioral 

risk factors underlying teenage pregnancy, or other associated risk 

factors, and 25 percent shall be available for research and demonstration grants to develop, replicate, refine, and test additional 

models and innovative strategies for preventing teenage pregnancy: 

Provided further, That of the amounts provided under this heading 

from amounts available under section 241 of the PHS Act, 

$6,800,000 shall be available to carry out evaluations (including 

longitudinal evaluations) of teenage pregnancy prevention approaches: Provided further, That of the funds made available under 

this heading, $35,000,000 shall be for making competitive grants 

which exclusively implement education in sexual risk avoidance (defined as voluntarily refraining from non-marital sexual activity): 

Provided further, That funding for such competitive grants for sexual risk avoidance shall use medically accurate information referenced to peer-reviewed publications by educational, scientific, governmental, or health organizations; implement an evidence-based 

approach integrating research findings with practical implementation that aligns with the needs and desired outcomes for the intended audience; and teach the benefits associated with self-regulaVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00112 Fmt 6659 Sfmt 6603 E:\HR\OC\HR952.XXX HR952

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tion, success sequencing for poverty prevention, healthy relationships, goal setting, and resisting sexual coercion, dating violence, 

and other youth risk behaviors such as underage drinking or illicit 

drug use without normalizing teen sexual activity: Provided further, 

That no more than 10 percent of the funding for such competitive 

grants for sexual risk avoidance shall be available for technical assistance and administrative costs of such programs: Provided further, That funds provided in this Act for embryo adoption activities 

may be used to provide to individuals adopting embryos, through 

grants and other mechanisms, medical and administrative services 

deemed necessary for such adoptions: Provided further, That such 

services shall be provided consistent with 42 CFR 59.5(a)(4). 

OFFICE OF MEDICARE HEARINGS AND APPEALS

For expenses necessary for the Office of Medicare Hearings and Appeals, $182,381,000 shall remain available until September 30, 

2020, to be transferred in appropriate part from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. 

OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION

TECHNOLOGY

For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts, and cooperative agreements for the development and advancement of interoperable health information technology, 

$60,367,000. 

OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General, including the hire of passenger motor vehicles for investigations, in 

carrying out the provisions of the Inspector General Act of 1978, 

$80,000,000: Provided, That of such amount, necessary sums shall 

be available for providing protective services to the Secretary and 

investigating non-payment of child support cases for which non-payment is a Federal offense under 18 U.S.C. 228. 

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, $38,798,000. 

RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED

OFFICERS

For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, for payments 

under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, and for medical care of dependents and retired 

personnel under the Dependents’ Medical Care Act, such amounts as 

may be required during the current fiscal year. 

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For expenses necessary to support activities related to countering potential biological, nuclear, radiological, chemical, and cyVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00113 Fmt 6659 Sfmt 6603 E:\HR\OC\HR952.XXX HR952

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bersecurity threats to civilian populations, and for other public 

health emergencies, $1,026,458,000, of which $561,700,000 shall remain available through September 30, 2020, for expenses necessary 

to support advanced research and development pursuant to section 

319L of the PHS Act and other administrative expenses of the Biomedical Advanced Research and Development Authority: Provided, 

That funds provided under this heading for the purpose of acquisition of security countermeasures shall be in addition to any other 

funds available for such purpose: Provided further, That products 

purchased with funds provided under this heading may, at the discretion of the Secretary, be deposited in the Strategic National 

Stockpile pursuant to section 319F–2 of the PHS Act: Provided further, That $5,000,000 of the amounts made available to support 

emergency operations shall remain available through September 30, 

2021. 

For expenses necessary for procuring security countermeasures 

(as defined in section 319F–2(c)(1)(B) of the PHS Act), $735,000,000, 

to remain available until expended. 

For an additional amount for expenses necessary to prepare for 

or respond to an influenza pandemic, $260,000,000; of which 

$225,000,000 shall be available until expended, for activities including the development and purchase of vaccine, antivirals, necessary 

medical supplies, diagnostics, and other surveillance tools: Provided, That notwithstanding section 496(b) of the PHS Act, funds 

may be used for the construction or renovation of privately owned 

facilities for the production of pandemic influenza vaccines and 

other biologics, if the Secretary finds such construction or renovation necessary to secure sufficient supplies of such vaccines or biologics. 

GENERAL PROVISIONS

SEC. 201. Funds appropriated in this title shall be available for 

not to exceed $50,000 for official reception and representation expenses when specifically approved by the Secretary. 

SEC. 202. None of the funds appropriated in this title shall be 

used to pay the salary of an individual, through a grant or other 

extramural mechanism, at a rate in excess of Executive Level II. 

SEC. 203. None of the funds appropriated in this Act may be 

expended pursuant to section 241 of the PHS Act, except for funds 

specifically provided for in this Act, or for other taps and assessments made by any office located in HHS, prior to the preparation 

and submission of a report by the Secretary to the Committees on 

Appropriations of the House of Representatives and the Senate detailing the planned uses of such funds. 

SEC. 204. Notwithstanding section 241(a) of the PHS Act, such 

portion as the Secretary shall determine, but not more than 2.5 percent, of any amounts appropriated for programs authorized under 

such Act shall be made available for the evaluation (directly, or by 

grants or contracts) and the implementation and effectiveness of 

programs funded in this title. 

(TRANSFER OF FUNDS)

SEC. 205. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 


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Act of 1985) which are appropriated for the current fiscal year for 

HHS in this Act may be transferred between appropriations, but no 

such appropriation shall be increased by more than 3 percent by 

any such transfer: Provided, That the transfer authority granted by 

this section shall not be used to create any new program or to fund 

any project or activity for which no funds are provided in this Act: 

Provided further, That the Committees on Appropriations of the 

House of Representatives and the Senate are notified at least 15 

days in advance of any transfer. 

SEC. 206. In lieu of the timeframe specified in section 338E(c)(2) 

of the PHS Act, terminations described in such section may occur 

up to 60 days after the execution of a contract awarded in fiscal 

year 2019 under section 338B of such Act. 

SEC. 207. None of the funds appropriated in this Act may be 

made available to any entity under title X of the PHS Act unless 

the applicant for the award certifies to the Secretary that it encourages family participation in the decision of minors to seek family 

planning services and that it provides counseling to minors on how 

to resist attempts to coerce minors into engaging in sexual activities. 

SEC. 208. Notwithstanding any other provision of law, no provider of services under title X of the PHS Act shall be exempt from 

any State law requiring notification or the reporting of child abuse, 

child molestation, sexual abuse, rape, or incest. 

SEC. 209. None of the funds appropriated by this Act (including 

funds appropriated to any trust fund) may be used to carry out the 

Medicare Advantage program if the Secretary denies participation 

in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions: Provided, That the Secretary shall make 

appropriate prospective adjustments to the capitation payment to 

such an entity (based on an actuarially sound estimate of the expected costs of providing the service to such entity’s enrollees): Provided further, That nothing in this section shall be construed to 

change the Medicare program’s coverage for such services and a 

Medicare Advantage organization described in this section shall be 

responsible for informing enrollees where to obtain information 

about all Medicare covered services. 

SEC. 210. None of the funds made available in this title may 

be used, in whole or in part, to advocate or promote gun control. 

SEC. 211. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs 

through and with funds provided by the Agency for International 

Development, the United Nations International Children’s Emergency Fund or the World Health Organization. 

SEC. 212. In order for HHS to carry out international health 

activities, including HIV/AIDS and other infectious disease, chronic 

and environmental disease, and other health activities abroad during fiscal year 2019: 

(1) The Secretary may exercise authority equivalent to that 

available to the Secretary of State in section 2(c) of the State 

Department Basic Authorities Act of 1956. The Secretary shall 

consult with the Secretary of State and relevant Chief of Mission to ensure that the authority provided in this section is exerVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00115 Fmt 6659 Sfmt 6603 E:\HR\OC\HR952.XXX HR952

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cised in a manner consistent with section 207 of the Foreign 

Service Act of 1980 and other applicable statutes administered 

by the Department of State. 

(2) The Secretary is authorized to provide such funds by 

advance or reimbursement to the Secretary of State as may be 

necessary to pay the costs of acquisition, lease, alteration, renovation, and management of facilities outside of the United 

States for the use of HHS. The Department of State shall cooperate fully with the Secretary to ensure that HHS has secure, 

safe, functional facilities that comply with applicable regulation 

governing location, setback, and other facilities requirements 

and serve the purposes established by this Act. The Secretary is 

authorized, in consultation with the Secretary of State, through 

grant or cooperative agreement, to make available to public or 

nonprofit private institutions or agencies in participating foreign countries, funds to acquire, lease, alter, or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities, including activities 

relating to HIV/AIDS and other infectious diseases, chronic 

and environmental diseases, and other health activities abroad. 

(3) The Secretary is authorized to provide to personnel appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter 9 of 

title I of the Foreign Service Act of 1980, and 22 U.S.C. 4081 

through 4086 and subject to such regulations prescribed by the 

Secretary. The Secretary is further authorized to provide locality-based comparability payments (stated as a percentage) up to 

the amount of the locality-based comparability payment (stated 

as a percentage) that would be payable to such personnel under 

section 5304 of title 5, United States Code if such personnel’s 

official duty station were in the District of Columbia. Leaves of 

absence for personnel under this subsection shall be on the 

same basis as that provided under subchapter I of chapter 63 

of title 5, United States Code, or section 903 of the Foreign 

Service Act of 1980, to individuals serving in the Foreign Service. 

(TRANSFER OF FUNDS)

SEC. 213. The Director of the NIH, jointly with the Director of 

the Office of AIDS Research, may transfer up to 3 percent among 

institutes and centers from the total amounts identified by these two 

Directors as funding for research pertaining to the human immunodeficiency virus: Provided, That the Committees on Appropriations 

of the House of Representatives and the Senate are notified at least 

15 days in advance of any transfer. 

(TRANSFER OF FUNDS)

SEC. 214. Of the amounts made available in this Act for NIH, 

the amount for research related to the human immunodeficiency 

virus, as jointly determined by the Director of NIH and the Director 

of the Office of AIDS Research, shall be made available to the ‘‘Office of AIDS Research’’ account. The Director of the Office of AIDS 

Research shall transfer from such account amounts necessary to 

carry out section 2353(d)(3) of the PHS Act. 


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SEC. 215. (a) AUTHORITY.—Notwithstanding any other provision of law, the Director of NIH (‘‘Director’’) may use funds authorized under section 402(b)(12) of the PHS Act to enter into transactions (other than contracts, cooperative agreements, or grants) to 

carry out research identified pursuant to or research and activities 

described in such section 402(b)(12). 

(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director may utilize such peer review procedures (including consultation with appropriate scientific experts) as the Director determines to be appropriate to obtain assessments of scientific and technical merit. Such procedures shall apply to such 

transactions in lieu of the peer review and advisory council review 

procedures that would otherwise be required under sections 

301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the 

PHS Act. 

SEC. 216. Not to exceed $45,000,000 of funds appropriated by 

this Act to the institutes and centers of the National Institutes of 

Health may be used for alteration, repair, or improvement of facilities, as necessary for the proper and efficient conduct of the activities authorized herein, at not to exceed $3,500,000 per project. 

(TRANSFER OF FUNDS)

SEC. 217. Of the amounts made available for NIH, 1 percent of 

the amount made available for National Research Service Awards 

(‘‘NRSA’’) shall be made available to the Administrator of the 

Health Resources and Services Administration to make NRSA 

awards for research in primary medical care to individuals affiliated with entities who have received grants or contracts under sections 736, 739, or 747 of the PHS Act, and 1 percent of the amount 

made available for NRSA shall be made available to the Director 

of the Agency for Healthcare Research and Quality to make NRSA 

awards for health service research. 

SEC. 218. (a) The Biomedical Advanced Research and Development Authority (‘‘BARDA’’) may enter into a contract, for more than 

one but no more than 10 program years, for purchase of research 

services or of security countermeasures, as that term is defined in 

section 319F–2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), 

if— 

(1) funds are available and obligated— 

(A) for the full period of the contract or for the first fiscal year in which the contract is in effect; and 

(B) for the estimated costs associated with a necessary 

termination of the contract; and 

(2) the Secretary determines that a multi-year contract will 

serve the best interests of the Federal Government by encouraging full and open competition or promoting economy in administration, performance, and operation of BARDA’s programs. 

(b) A contract entered into under this section— 

(1) shall include a termination clause as described by subsection (c) of section 3903 of title 41, United States Code; and 

(2) shall be subject to the congressional notice requirement 

stated in subsection (d) of such section. 

SEC. 219. (a) The Secretary shall publish in the fiscal year 2020 

budget justification and on Departmental Web sites information 


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concerning the employment of full-time equivalent Federal employees or contractors for the purposes of implementing, administering, 

enforcing, or otherwise carrying out the provisions of the ACA, and 

the amendments made by that Act, in the proposed fiscal year and 

each fiscal year since the enactment of the ACA. 

(b) With respect to employees or contractors supported by all 

funds appropriated for purposes of carrying out the ACA (and the 

amendments made by that Act), the Secretary shall include, at a 

minimum, the following information: 

(1) For each such fiscal year, the section of such Act under 

which such funds were appropriated, a statement indicating the 

program, project, or activity receiving such funds, the Federal 

operating division or office that administers such program, and 

the amount of funding received in discretionary or mandatory 

appropriations. 

(2) For each such fiscal year, the number of full-time equivalent employees or contracted employees assigned to each authorized and funded provision detailed in accordance with 

paragraph (1). 

(c) In carrying out this section, the Secretary may exclude from 

the report employees or contractors who— 

(1) are supported through appropriations enacted in laws 

other than the ACA and work on programs that existed prior 

to the passage of the ACA; 

(2) spend less than 50 percent of their time on activities 

funded by or newly authorized in the ACA; or 

(3) work on contracts for which FTE reporting is not a requirement of their contract, such as fixed-price contracts. 

SEC. 220. The Secretary shall publish, as part of the fiscal year 

2020 budget of the President submitted under section 1105(a) of title 

31, United States Code, information that details the uses of all 

funds used by the Centers for Medicare & Medicaid Services specifically for Health Insurance Exchanges for each fiscal year since the 

enactment of the ACA and the proposed uses for such funds for fiscal year 2020. Such information shall include, for each such fiscal 

year, the amount of funds used for each activity specified under the 

heading ‘‘Health Insurance Exchange Transparency’’ in the joint explanatory statement accompanying this Act. 

SEC. 221. None of the funds made available by this Act from 

the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund, or transferred from other accounts funded by this Act to the ‘‘Centers for Medicare & Medicaid 

Services—Program Management’’ account, may be used for payments under section 1342(b)(1) of Public Law 111–148 (relating to 

risk corridors). 

(TRANSFER OF FUNDS)

SEC. 222. (a) Within 45 days of enactment of this Act, the Secretary shall transfer funds appropriated under section 4002 of the 

ACA to the accounts specified, in the amounts specified, and for the 

activities specified under the heading ‘‘Prevention and Public Health 

Fund’’ in the joint explanatory statement accompanying this Act. 

(b) Notwithstanding section 4002(c) of the ACA, the Secretary 

may not further transfer these amounts. 


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(c) Funds transferred for activities authorized under section 

2821 of the PHS Act shall be made available without reference to 

section 2821(b) of such Act. 

SEC. 223. Effective during the period beginning on November 1, 

2015 and ending January 1, 2021, any provision of law that refers 

(including through cross-reference to another provision of law) to 

the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening, mammography, and prevention shall be administered by the Secretary involved as if— 

(1) such reference to such current recommendations were a 

reference to the recommendations of such Task Force with respect to breast cancer screening, mammography, and prevention 

last issued before 2009; and 

(2) such recommendations last issued before 2009 applied 

to any screening mammography modality under section 1861(jj) 

of the Social Security Act (42 U.S.C. 1395x(jj)). 

SEC. 224. In making Federal financial assistance, the provisions relating to indirect costs in part 75 of title 45, Code of Federal 

Regulations, including with respect to the approval of deviations 

from negotiated rates, shall continue to apply to the National Institutes of Health to the same extent and in the same manner as such 

provisions were applied in the third quarter of fiscal year 2017. 

None of the funds appropriated in this or prior Acts or otherwise 

made available to the Department of Health and Human Services 

or to any department or agency may be used to develop or implement a modified approach to such provisions, or to intentionally or 

substantially expand the fiscal effect of the approval of such deviations from negotiated rates beyond the proportional effect of such 

approvals in such quarter. 

(TRANSFER OF FUNDS)

SEC. 225. The NIH Director may transfer funds specifically appropriated for opioid addiction, opioid alternatives, pain management, and addiction treatment to other Institutes and Centers of the 

NIH to be used for the same purpose 15 days after notifying the 

Committees on Appropriations: Provided, That the transfer authority provided in the previous proviso is in addition to any other 

transfer authority provided by law. 

SEC. 226. (a) The Secretary shall provide to the Committees on 

Appropriations of the House of Representatives and the Senate: 

(1) Detailed monthly enrollment figures from the Exchanges 

established under the Patient Protection and Affordable Care 

Act of 2010 pertaining to enrollments during the open enrollment period; and 

(2) Notification of any new or competitive grant awards, including supplements, authorized under section 330 of the Public 

Health Service Act. 

(b) The Committees on Appropriations of the House and Senate 

must be notified at least 2 business days in advance of any public 

release of enrollment information or the award of such grants. 

SEC. 227. In addition to the amounts otherwise available for 

‘‘Centers for Medicare & Medicaid Services, Program Management’’, 

the Secretary of Health and Human Services may transfer up to 

$305,000,000 to such account from the Federal Hospital Insurance 


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Trust Fund and the Federal Supplementary Medical Insurance 

Trust Fund to support program management activity related to the 

Medicare Program: Provided, That except for the foregoing purpose, 

such funds may not be used to support any provision of Public Law 

111–148 or Public Law 111–152 (or any amendment made by either 

such Public Law) or to supplant any other amounts within such account. 

(RESCISSION)

SEC. 228. Of the unobligated balances available in the ‘‘Nonrecurring Expenses Fund’’ established in section 223 of division G 

of Public Law 110–161, $400,000,000 are hereby rescinded. 

SEC. 229. Not later than the 15th day of each month, the Department of Health and Human Services shall provide the Committees on Appropriations of the House of Representatives and Senate 

a report on staffing described in the joint explanatory statement accompanying this Act. 

SEC. 230. Funds appropriated in this Act that are available for 

salaries and expenses of employees of the Department of Health and 

Human Services shall also be available to pay travel and related expenses of such an employee or of a member of his or her family, 

when such employee is assigned to duty, in the United States or in 

a U.S. territory, during a period and in a location that are the subject of a determination of a public health emergency under section 

319 of the Public Health Service Act and such travel is necessary 

to obtain medical care for an illness, injury, or medical condition 

that cannot be adequately addressed in that location at that time. 

For purposes of this section, the term ‘‘U.S. territory’’ means Guam, 

the Commonwealth of Puerto Rico, the Northern Mariana Islands, 

the Virgin Islands, American Samoa, or the Trust Territory of the 

Pacific Islands. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 231. There is established in the Treasury a reserve fund 

to be known as the ‘‘Infectious Diseases Rapid Response Reserve 

Fund’’ (the ‘‘Reserve Fund’’): Provided, That of the funds provided 

under the heading ‘‘CDC-Wide Activities and Program Support’’, 

$50,000,000, to remain available until expended, shall be available 

to the Director of the CDC for deposit in the Reserve Fund: Provided 

further, That amounts in the Reserve Fund shall be for carrying out 

titles II, III, and XVII of the PHS Act to prevent, prepare for, or respond to an infectious disease emergency, including, in connection 

with such activities, to purchase or lease and provide for the insurance of passenger motor vehicles for official use in foreign countries: 

Provided further, That amounts in the Reserve Fund may only be 

provided for an infectious disease emergency if the infectious disease 

emergency (1) is declared by the Secretary of Health and Human 

Services under section 319 of the PHS Act to be a public health 

emergency; or (2) as determined by the Secretary, has significant potential to imminently occur and potential, on occurrence, to affect 

national security or the health and security of United States citizens, domestically or internationally: Provided further, That 

amounts in the Reserve Fund may be transferred by the Director of 

the CDC to other accounts of the CDC, to accounts of the NIH, or 


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to the Public Health and Social Services Emergency Fund, to be 

merged with such accounts or Fund for the purposes provided in 

this section: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate shall be notified in advance of any transfer or obligation made under the authority provided in this section, including notification on the anticipated uses of such funds by program, project, or activity: Provided 

further, That not later than 15 days after notification of the planned 

use of the Reserve Fund, the Director shall provide a detailed spend 

plan of anticipated uses of funds, including estimated personnel 

and administrative costs, to the Committees on Appropriations of 

the House of Representatives and the Senate: Provided further, That 

such plans shall be updated and submitted every 90 days thereafter 

until funds have been fully expended which should include the unobligated balances in the Reserve Fund and all the actual obligations incurred to date: Provided further, That amounts in the Reserve Fund shall be in addition to amounts otherwise available to 

the Department of Health and Human Services for the purposes provided in this section: Provided further, That the transfer authorities 

in this section are in addition to any transfer authority otherwise 

available to the Department of Health and Human Services: Provided further, That products purchased using amounts in the Reserve Fund may, at the discretion of the Secretary of Health and 

Human Services, be deposited in the Strategic National Stockpile 

under section 319F–2 of the PHS Act: Provided further, That this 

section shall be in effect as of the date of the enactment of this Act 

through each fiscal year hereafter. 

SEC. 232. The Department of Health and Human Services may 

accept donations from the private sector, nongovernmental organizations, and other groups independent of the Federal Government for 

the care of unaccompanied alien children (as defined in section 

462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) 

in the care of the Office of Refugee Resettlement of the Administration for Children and Families, including medical goods and services, school supplies, toys, clothing, and any other items intended to 

promote the wellbeing of such children. 

SEC. 233. The Secretary shall submit to the Congress by November 15, 2018, a plan to promptly facilitate the reunification of 

children separated from their parents and placed in the custody of 

the Office of Refugee Resettlement (‘‘ORR’’), including the reunification of children with parents who are no longer in the United 

States: Provided, That such plan shall include possible children of 

potential class members in the class-action lawsuit Ms. L v. ICE, as 

identified in the Joint Status Report filed on September 6, 2018: 

Provided further, That such plan shall describe the activities the 

Administration has undertaken to locate parents who are no longer 

in the United States and to reunify those parents with their children, including (1) the process for tracking children and parents, (2) 

the process for coordinating interagency responsibilities for communication, location, and reunification of such parents, and (3) the 

number of parents that the Administration has been unable to contact: Provided further, That such plan shall provide detailed information on how many parents have been determined to be ineligible 

for reunification and the reasons for those determinations: Provided 

further, That such plan shall identify the number of children in 


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ORR custody whose parents were deported that (1) have been reunified with their parents, (2) have been released into the custody of a 

family member other than a parent, (3) have been released into the 

custody of a sponsor who is not a family member, and (4) are still 

in ORR custody: Provided further, That such plan shall provide detailed information regarding the procedures the Administration follows when child sexual abuse is alleged at facilities operated by 

ORR contractors: Provided further, That such plan shall include an 

estimate of expenditures in fiscal year 2018 and an estimate of anticipated expenditures in fiscal year 2019 related to housing children who were separated from their parents at the border as well 

as activities to reunify such children with their parents: Provided 

further, That if such plan is not submitted by the deadline identified above, the Department of Health and Human Services may not, 

until such a plan has been submitted to the Congress, obligate 

funds from the Fund established by section 223 of title II of division 

G of Public Law 110–161, except to obligate funds for projects identified in the joint explanatory statement accompanying this Act. 

SEC. 234. None of the funds made available by this Act may be 

used to prevent a Member of the United States Congress from entering, for the purpose of conducting oversight, any facility in the 

United States, used for purposes of maintaining custody of or otherwise housing unaccompanied alien children (as defined in section 

462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))). 

This title may be cited as the ‘‘Department of Health and 

Human Services Appropriations Act, 2019’’. 

TITLE III 

DEPARTMENT OF EDUCATION 

EDUCATION FOR THE DISADVANTAGED

For carrying out title I and subpart 2 of part B of title II of the 

Elementary and Secondary Education Act of 1965 (referred to in 

this Act as ‘‘ESEA’’) and section 418A of the Higher Education Act 

of 1965 (referred to in this Act as ‘‘HEA’’), $16,543,790,000, of which 

$5,625,990,000 shall become available on July 1, 2019, and shall 

remain available through September 30, 2020, and of which 

$10,841,177,000 shall become available on October 1, 2019, and 

shall remain available through September 30, 2020, for academic 

year 2019–2020: Provided, That $6,459,401,000 shall be for basic 

grants under section 1124 of the ESEA: Provided further, That up 

to $5,000,000 of these funds shall be available to the Secretary of 

Education (referred to in this title as ‘‘Secretary’’) on October 1, 

2018, to obtain annually updated local educational agency-level census poverty data from the Bureau of the Census: Provided further, 

That $1,362,301,000 shall be for concentration grants under section 

1124A of the ESEA: Provided further, That $4,019,050,000 shall be 

for targeted grants under section 1125 of the ESEA: Provided further, That $4,019,050,000 shall be for education finance incentive 

grants under section 1125A of the ESEA: Provided further, That 

$217,000,000 shall be for carrying out subpart 2 of part B of title 

II: Provided further, That $44,623,000 shall be for carrying out section 418A of the HEA. 


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IMPACT AID

For carrying out programs of financial assistance to federally 

affected schools authorized by title VII of the ESEA, $1,446,112,000, 

of which $1,301,242,000 shall be for basic support payments under 

section 7003(b), $48,316,000 shall be for payments for children with 

disabilities under section 7003(d), $17,406,000, to remain available 

for obligation through September 30, 2020, shall be for construction 

under section 7007(b), $74,313,000 shall be for Federal property 

payments under section 7002, and $4,835,000, to remain available 

until expended, shall be for facilities maintenance under section 

7008: Provided, That for purposes of computing the amount of a 

payment for an eligible local educational agency under section 

7003(a) for school year 2018–2019, children enrolled in a school of 

such agency that would otherwise be eligible for payment under section 7003(a)(1)(B) of such Act, but due to the deployment of both 

parents or legal guardians, or a parent or legal guardian having 

sole custody of such children, or due to the death of a military parent or legal guardian while on active duty (so long as such children 

reside on Federal property as described in section 7003(a)(1)(B)), are 

no longer eligible under such section, shall be considered as eligible 

students under such section, provided such students remain in average daily attendance at a school in the same local educational agency they attended prior to their change in eligibility status. 

SCHOOL IMPROVEMENT PROGRAMS

For carrying out school improvement activities authorized by 

part B of title I, part A of title II, subpart 1 of part A of title IV, 

part B of title IV, part B of title V, and parts B and C of title VI 

of the ESEA; the McKinney-Vento Homeless Assistance Act; section 

203 of the Educational Technical Assistance Act of 2002; the Compact of Free Association Amendments Act of 2003; and the Civil 

Rights Act of 1964, $5,246,967,000, of which $3,418,402,000 shall 

become available on July 1, 2019, and remain available through 

September 30, 2020, and of which $1,681,441,000 shall become 

available on October 1, 2019, and shall remain available through 

September 30, 2020, for academic year 2019–2020: Provided, That 

$378,000,000 shall be for part B of title I: Provided further, That 

$1,221,673,000 shall be for part B of title IV: Provided further, That 

$36,397,000 shall be for part B of title VI and may be used for construction, renovation, and modernization of any elementary school, 

secondary school, or structure related to an elementary school or secondary school, run by the Department of Education of the State of 

Hawaii, that serves a predominantly Native Hawaiian student 

body: Provided further, That $35,453,000 shall be for part C of title 

VI and shall be awarded on a competitive basis, and also may be 

used for construction: Provided further, That $52,000,000 shall be 

available to carry out section 203 of the Educational Technical Assistance Act of 2002 and the Secretary shall make such arrangements as determined to be necessary to ensure that the Bureau of 

Indian Education has access to services provided under this section: 

Provided further, That $16,699,000 shall be available to carry out 

the Supplemental Education Grants program for the Federated 

States of Micronesia and the Republic of the Marshall Islands: Provided further, That the Secretary may reserve up to 5 percent of the 


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amount referred to in the previous proviso to provide technical assistance in the implementation of these grants: Provided further, 

That $180,840,000 shall be for part B of title V: Provided further, 

That $1,170,000,000 shall be available for grants under subpart 1 

of part A of title IV. 

INDIAN EDUCATION

For expenses necessary to carry out, to the extent not otherwise 

provided, title VI, part A of the ESEA, $180,239,000, of which 

$67,993,000 shall be for subpart 2 of part A of title VI and 

$6,865,000 shall be for subpart 3 of part A of title VI. 

INNOVATION AND IMPROVEMENT

For carrying out activities authorized by subparts 1, 3 and 4 of 

part B of title II, and parts C, D, and E and subparts 1 and 4 of 

part F of title IV of the ESEA, $1,035,556,000: Provided, That 

$279,815,000 shall be for subparts 1, 3 and 4 of part B of title II 

and shall be made available without regard to sections 2201, 

2231(b) and 2241: Provided further, That $625,741,000 shall be for 

parts C, D, and E and subpart 4 of part F of title IV, and shall 

be made available without regard to sections 4311, 4409(a), and 

4601 of the ESEA: Provided further, That section 4303(d)(3)(A)(i) 

shall not apply to the funds available for part C of title IV: Provided further, That of the funds available for part C of title IV, the 

Secretary shall use $55,000,000 to carry out section 4304, of which 

not more than $10,000,000 shall be available to carry out section 

4304(k), $135,000,000, to remain available through March 31, 2020, 

to carry out section 4305(b), and not more than $15,000,000 to carry 

out the activities in section 4305(a)(3): Provided further, That notwithstanding section 4601(b), $130,000,000 shall be available 

through December 31, 2019 for subpart 1 of part F of title IV. 

SAFE SCHOOLS AND CITIZENSHIP EDUCATION

For carrying out activities authorized by subparts 2 and 3 of 

part F of title IV of the ESEA, $190,754,000: Provided, That 

$95,000,000 shall be available for section 4631, of which up to 

$5,000,000, to remain available until expended, shall be for the 

Project School Emergency Response to Violence (Project SERV) program: Provided further, That $17,500,000 shall be available for section 4625: Provided further, That $78,254,000 shall be available 

through December 31, 2019, for section 4624. 

ENGLISH LANGUAGE ACQUISITION

For carrying out part A of title III of the ESEA, $737,400,000, 

which shall become available on July 1, 2019, and shall remain 

available through September 30, 2020, except that 6.5 percent of 

such amount shall be available on October 1, 2018, and shall remain available through September 30, 2020, to carry out activities 

under section 3111(c)(1)(C). 

SPECIAL EDUCATION

For carrying out the Individuals with Disabilities Education 

Act (IDEA) and the Special Olympics Sport and Empowerment Act 


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of 2004, $13,468,728,000, of which $3,942,129,000 shall become 

available on July 1, 2019, and shall remain available through September 30, 2020, and of which $9,283,383,000 shall become available on October 1, 2019, and shall remain available through September 30, 2020, for academic year 2019–2020: Provided, That the 

amount for section 611(b)(2) of the IDEA shall be equal to the lesser 

of the amount available for that activity during fiscal year 2018, increased by the amount of inflation as specified in section 

619(d)(2)(B) of the IDEA, or the percent change in the funds appropriated under section 611(i) of the IDEA, but not less than the 

amount for that activity during fiscal year 2018: Provided further, 

That the Secretary shall, without regard to section 611(d) of the 

IDEA, distribute to all other States (as that term is defined in section 611(g)(2)), subject to the third proviso, any amount by which 

a State’s allocation under section 611, from funds appropriated 

under this heading, is reduced under section 612(a)(18)(B), according to the following: 85 percent on the basis of the States’ relative 

populations of children aged 3 through 21 who are of the same age 

as children with disabilities for whom the State ensures the availability of a free appropriate public education under this part, and 

15 percent to States on the basis of the States’ relative populations 

of those children who are living in poverty: Provided further, That 

the Secretary may not distribute any funds under the previous proviso to any State whose reduction in allocation from funds appropriated under this heading made funds available for such a distribution: Provided further, That the States shall allocate such 

funds distributed under the second proviso to local educational 

agencies in accordance with section 611(f): Provided further, That 

the amount by which a State’s allocation under section 611(d) of the 

IDEA is reduced under section 612(a)(18)(B) and the amounts distributed to States under the previous provisos in fiscal year 2012 or 

any subsequent year shall not be considered in calculating the 

awards under section 611(d) for fiscal year 2013 or for any subsequent fiscal years: Provided further, That, notwithstanding the provision in section 612(a)(18)(B) regarding the fiscal year in which a 

State’s allocation under section 611(d) is reduced for failure to comply with the requirement of section 612(a)(18)(A), the Secretary may 

apply the reduction specified in section 612(a)(18)(B) over a period 

of consecutive fiscal years, not to exceed five, until the entire reduction is applied: Provided further, That the Secretary may, in any 

fiscal year in which a State’s allocation under section 611 is reduced in accordance with section 612(a)(18)(B), reduce the amount 

a State may reserve under section 611(e)(1) by an amount that bears 

the same relation to the maximum amount described in that paragraph as the reduction under section 612(a)(18)(B) bears to the total 

allocation the State would have received in that fiscal year under 

section 611(d) in the absence of the reduction: Provided further, 

That the Secretary shall either reduce the allocation of funds under 

section 611 for any fiscal year following the fiscal year for which the 

State fails to comply with the requirement of section 612(a)(18)(A) 

as authorized by section 612(a)(18)(B), or seek to recover funds 

under section 452 of the General Education Provisions Act (20 

U.S.C. 1234a): Provided further, That the funds reserved under 

611(c) of the IDEA may be used to provide technical assistance to 

States to improve the capacity of the States to meet the data collecVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00125 Fmt 6659 Sfmt 6603 E:\HR\OC\HR952.XXX HR952

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tion requirements of sections 616 and 618 and to administer and 

carry out other services and activities to improve data collection, coordination, quality, and use under parts B and C of the IDEA: Provided further, That the Secretary may use funds made available for 

the State Personnel Development Grants program under part D, 

subpart 1 of IDEA to evaluate program performance under such 

subpart. 

REHABILITATION SERVICES

For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973 and the Helen Keller National Center Act, 

$3,657,189,000, of which $3,521,990,000 shall be for grants for vocational rehabilitation services under title I of the Rehabilitation 

Act: Provided, That the Secretary may use amounts provided in this 

Act that remain available subsequent to the reallotment of funds to 

States pursuant to section 110(b) of the Rehabilitation Act for innovative activities aimed at improving the outcomes of individuals 

with disabilities as defined in section 7(20)(B) of the Rehabilitation 

Act, including activities aimed at improving the education and postschool 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 


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Adult Education and Family Literacy Act (‘‘AEFLA’’), 

$1,925,686,000, of which $1,134,686,000 shall become available on 

July 1, 2019, and shall remain available through September 30, 

2020, and of which $791,000,000 shall become available on October 

1, 2019, and shall remain available through September 30, 2020: 

Provided, That of the amounts made available for AEFLA, 

$13,712,000 shall be for national leadership activities under section 

242. 

STUDENT FINANCIAL ASSISTANCE

For carrying out subparts 1, 3, and 10 of part A, and part C 

of title IV of the HEA, $24,445,352,000, which shall remain available through September 30, 2020. 

The maximum Pell Grant for which a student shall be eligible 

during award year 2019–2020 shall be $5,135. 

STUDENT AID ADMINISTRATION

For Federal administrative expenses to carry out part D of title 

I, and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and 

E of title IV of the HEA, and subpart 1 of part A of title VII of the 

Public Health Service Act, $1,678,943,000, to remain available 

through September 30, 2020: Provided, That the Secretary shall allocate new student loan borrower accounts to eligible student loan 

servicers on the basis of their performance compared to all loan 

servicers utilizing established common metrics, and on the basis of 

the capacity of each servicer to process new and existing accounts: 

Provided further, That for student loan contracts awarded prior to 

October 1, 2017, the Secretary shall allow student loan borrowers 

who are consolidating Federal student loans to select from any student loan servicer to service their new consolidated student loan: 

Provided further, That in order to promote accountability and highquality 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 lifecycle 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 


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Secretary shall provide quarterly briefings to the Committees on Appropriations and Education and the Workforce of the House of Representatives and the Committees on Appropriations and Health, 

Education, Labor, and Pensions of the Senate on general progress 

related to solicitations for Federal student loan servicing contracts. 

HIGHER EDUCATION

For carrying out, to the extent not otherwise provided, titles II, 

III, IV, V, VI, and VII of the HEA, the Mutual Educational and 

Cultural Exchange Act of 1961, and section 117 of the Carl D. Perkins Career and Technical Education Act of 2006, $2,312,356,000: 

Provided, That notwithstanding any other provision of law, funds 

made available in this Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual Educational and Cultural Exchange 

Act of 1961 may be used to support visits and study in foreign countries by individuals who are participating in advanced foreign language training and international studies in areas that are vital to 

United States national security and who plan to apply their language skills and knowledge of these countries in the fields of government, the professions, or international development: Provided further, That of the funds referred to in the preceding proviso up to 1 

percent may be used for program evaluation, national outreach, and 

information dissemination activities: Provided further, That up to 

1.5 percent of the funds made available under chapter 2 of subpart 

2 of part A of title IV of the HEA may be used for evaluation. 

HOWARD UNIVERSITY

For partial support of Howard University, $236,518,000, of 

which not less than $3,405,000 shall be for a matching endowment 

grant pursuant to the Howard University Endowment Act and shall 

remain available until expended. 

COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM

For Federal administrative expenses to carry out activities related to existing facility loans pursuant to section 121 of the HEA, 

$435,000. 

HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

FINANCING PROGRAM ACCOUNT

For the cost of guaranteed loans, $20,150,000, as authorized 

pursuant to part D of title III of the HEA, which shall remain available through September 30, 2020: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 

502 of the Congressional Budget Act of 1974: Provided further, That 

these funds are available to subsidize total loan principal, any part 

of which is to be guaranteed, not to exceed $580,000,000: Provided 

further, That these funds may be used to support loans to public 

and private Historically Black Colleges and Universities without regard to the limitations within section 344(a) of the HEA. In addition, $20,000,000 shall be made available to provide for 

the deferment of loans made under part D of title III of the HEA 

to eligible institutions that are private Historically Black Colleges 

and Universities, which apply for the deferment of such a loan and 


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demonstrate financial need for such deferment by having a score of 

2.6 or less on the Department of Education’s financial responsibility 

test: Provided, That during the period of deferment of such a loan, 

interest on the loan will not accrue or be capitalized, and the period 

of deferment shall be for at least a period of 3-fiscal years and not 

more than 6-fiscal years: Provided further, That funds available 

under this paragraph shall be used to fund eligible deferment requests submitted for this purpose in fiscal year 2018: Provided further, That the Secretary shall create and execute an outreach plan 

to work with States and the Capital Financing Advisory Board to 

improve outreach to States and help additional public Historically 

Black Colleges and Universities participate in the program. 

In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program 

entered into pursuant to part D of title III of the HEA, $334,000. 

INSTITUTE OF EDUCATION SCIENCES

For carrying out activities authorized by the Education Sciences 

Reform Act of 2002, the National Assessment of Educational 

Progress Authorization Act, section 208 of the Educational Technical Assistance Act of 2002, and section 664 of the Individuals 

with Disabilities Education Act, $615,462,000, which shall remain 

available through September 30, 2020: Provided, That funds available to carry out section 208 of the Educational Technical Assistance Act may be used to link Statewide elementary and secondary 

data systems with early childhood, postsecondary, and workforce 

data systems, or to further develop such systems: Provided further, 

That up to $6,000,000 of the funds available to carry out section 

208 of the Educational Technical Assistance Act may be used for 

awards to public or private organizations or agencies to support activities to improve data coordination, quality, and use at the local, 

State, and national levels. 

DEPARTMENTAL MANAGEMENT

PROGRAM ADMINISTRATION

For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $430,000,000: Provided, That, notwithstanding any other provision of law, none of the funds provided by 

this Act or provided by previous Appropriations Acts to the Department of Education available for obligation or expenditure in the 

current fiscal year may be used for any activity relating to implementing a reorganization that decentralizes, reduces the staffing 

level, or alters the responsibilities, structure, authority, or 

functionality of the Budget Service of the Department of Education, 

relative to the organization and operation of the Budget Service as 

in effect on January 1, 2018. 

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization 

Act, $125,000,000. 


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OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General, as 

authorized by section 212 of the Department of Education Organization Act, $61,143,000. 

GENERAL PROVISIONS

SEC. 301. No funds appropriated in this Act may be used to 

prevent the implementation of programs of voluntary prayer and 

meditation in the public schools. 

(TRANSFER OF FUNDS)

SEC. 302. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but 

no such appropriation shall be increased by more than 3 percent by 

any such transfer: Provided, That the transfer authority granted by 

this section shall not be used to create any new program or to fund 

any project or activity for which no funds are provided in this Act: 

Provided further, That the Committees on Appropriations of the 

House of Representatives and the Senate are notified at least 15 

days in advance of any transfer. 

SEC. 303. Section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall 

be applied by substituting ‘‘2019’’ for ‘‘2009’’. 

SEC. 304. Funds appropriated in this Act and consolidated for 

evaluation purposes under section 8601(c) of the ESEA shall be 

available from July 1, 2019, through September 30, 2020. 

SEC. 305. (a) An institution of higher education that maintains 

an endowment fund supported with funds appropriated for title III 

or V of the HEA for fiscal year 2019 may use the income from that 

fund to award scholarships to students, subject to the limitation in 

section 331(c)(3)(B)(i) of the HEA. The use of such income for such 

purposes, prior to the enactment of this Act, shall be considered to 

have been an allowable use of that income, subject to that limitation. 

(b) Subsection (a) shall be in effect until titles III and V of the 

HEA are reauthorized. 

SEC. 306. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is 

amended by striking ‘‘2018’’ and inserting ‘‘2019’’. 

SEC. 307. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is 

amended in paragraph (4) by striking ‘‘2018’’ and inserting ‘‘2019’’. 

SEC. 308. Funds appropriated in this Act under the heading 

‘‘Student Aid Administration’’ may be available for payments for 

student loan servicing to an institution of higher education that 

services outstanding Federal Perkins Loans under part E of title IV 

of the Higher Education Act of 1965 (20 U.S.C. 1087aa et seq.). 

SEC. 309. (a) Section 455(f) of the Higher Education Act of 1965 

(20 U.S.C. 1087e(f)) is amended— 

(1) by redesignating paragraphs (3) and (4) as paragraphs 

(4) and (5), respectively; and 

(2) by inserting after paragraph (2) the following: 

‘‘(3) DEFERMENT FOR BORROWERS RECEIVING CANCER

TREATMENT.— 


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‘‘(A) EFFECT ON PRINCIPAL AND INTEREST.—A borrower 

of a loan made under this part who meets the requirements 

of subparagraph (B) shall be eligible for a deferment, during which periodic installments of principal need not be 

paid, and interest shall not accrue. 

‘‘(B) ELIGIBILITY.—A borrower of a loan made under 

this part shall be eligible for a deferment during— 

‘‘(i) any period in which such borrower is receiving 

treatment for cancer; and 

‘‘(ii) the 6 months after such period. 

‘‘(C) APPLICABILITY.—This paragraph shall apply with 

respect to loans— 

‘‘(i) made on or after the date of the enactment of 

this paragraph; or 

‘‘(ii) in repayment on the date of the enactment of 

this paragraph.’’. 

(b) Section 427(a)(2)(C) of the Higher Education Act of 1965 (20 

U.S.C. 1077(a)(2)(C)) is amended— 

(1) in clause (ii), by striking ‘‘; or’’ and inserting a semicolon; 

(2) in clause (iii), by inserting ‘‘or’’ after the semicolon; and 

(3) by inserting after clause (iii) the following: 

‘‘(iv) in which the borrower is receiving treatment 

for cancer and the 6 months after such period.’’. 

(c) Section 428(b)(1)(M) of the Higher Education Act of 1965 (20 

U.S.C. 1078(b)(1)(M)) is amended— 

(1) in clause (iii), by striking ‘‘or (II); or’’ and inserting a 

‘‘or (II);’’; 

(2) in clause (iv), by inserting ‘‘or’’ after the semicolon; and 

(3) by adding at the end the following: 

‘‘(v) during which the borrower is receiving treatment for cancer and the 6 months after such period;’’. 

(d) Section 464(c)(2) of the Higher Education Act of 1965 (20 

U.S.C. 1087dd(c)(2)) is amended— 

(1) in subparagraph (A)— 

(A) in clause (iv), by striking ‘‘; or’’ and inserting a 

semicolon; 

(B) in clause (v), by inserting ‘‘or’’ after the semicolon; 

and 

(C) by inserting after clause (v) the following: 

‘‘(vi) during which the borrower is receiving treatment 

for cancer and the 6 months after such period;’’. 

(e) Section 428H(e)(2) of the Higher Education Act of 1965 (20 

U.S.C. 1078–8(e)(2)) is amended— 

(1) in subparagraph (A), by striking ‘‘Interest’’ and inserting, ‘‘Except as provided in subparagraph (C), interest’’; and 

(2) by adding at the end the following: 

‘‘(C) Interest shall not accrue on a loan deferred under section 428(b)(1)(M)(v) or 427(a)(2)(C)(iv).’’. 

(f) The amendments made by this Act shall apply with respect 

to loans— 

(1) made on or after the date of the enactment of this Act; 

or 

(2) in repayment on the date of the enactment of this Act. 


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(RESCISSION)

SEC. 310. Of the unobligated balances available under the 

heading ‘‘Student Financial Assistance’’ for carrying out subpart 1 

of part A of title IV of the HEA, $600,000,000 are hereby rescinded. 

(RESCISSION)

SEC. 311. Section 401(b)(7)(A)(iv)(IX) of the Higher Education 

Act of 1965 (20 U.S.C. 1070a(b)(7)(A)(iv)(IX)) is amended by striking ‘‘$1,409,000,000’’ and inserting ‘‘$1,370,000,000’’. 

SEC. 312. (a) An institution of higher education may, with explicit written consent of an applicant who has completed a FAFSA 

under such section 483(a), provide such information collected from 

the applicant’s FAFSA as is necessary to a scholarship granting organization, including a tribal organization (defined in section 4 of 

the Indian Self-Determination and Education Assistance Act (25 

U.S.C. 5304)), or to an organization assisting the applicant in applying for and receiving Federal, State, local, or tribal assistance, 

that is designated by the applicant to assist the applicant in applying for and receiving financial assistance for any component of the 

applicant’s cost of attendance (defined in section 472 of the HEA) 

at that institution. 

(b) An organization that receives information pursuant to subsection (a) shall not sell or otherwise share such information. 

(c) This section shall be in effect until title IV of the HEA is reauthorized. 

SEC. 313. For an additional amount for ‘‘Department of Education—Federal Direct Student Loan Program Account’’, 

$350,000,000, to remain available until expended, shall be for the 

cost, as defined under section 502 of the Congressional Budget Act 

of 1974, of the Secretary of Education providing loan cancellation 

in the same manner as under section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)), for borrowers of loans 

made under part D of title IV of such Act who would qualify for 

loan cancellation under section 455(m) except some, or all, of the 

120 required payments under section 455(m)(1)(A) do not qualify for 

purposes of the program because they were monthly payments made 

in accordance with graduated or extended repayment plans as described under subparagraph (B) or (C) of section 455(d)(1) or the 

corresponding repayment plan for a consolidation loan made under 

section 455(g) and that were less than the amount calculated under 

section 455(d)(1)(A), based on a 10-year repayment period: Provided, 

That the monthly payment made 12 months before the borrower applied for loan cancellation as described in the matter preceding this 

proviso and the most recent monthly payment made by the borrower 

at the time of such application were each not less than the monthly 

amount that would be calculated under, and for which the borrower 

would otherwise qualify for, clause (i) or (iv) of section 455(m)(1)(A) 

regarding income-based or income-contingent repayment plans, with 

exception for a borrower who would have otherwise been eligible 

under this section but demonstrates an unusual fluctuation of income over the past 5 years: Provided further, That the total loan 

volume, including outstanding principal, fees, capitalized interest, 

or accrued interest, at application that is eligible for such loan cancellation by such borrowers shall not exceed $500,000,000: Provided 


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further, That the Secretary shall develop and make available a simple method for borrowers to apply for loan cancellation under this 

section within 60 days of enactment of this Act: Provided further, 

That the Secretary shall provide loan cancellation under this section 

to eligible borrowers on a first-come, first-serve basis, based on the 

date of application and subject to both the limitation on total loan 

volume at application for such loan cancellation specified in the second proviso and the availability of appropriations under this section: Provided further, That no borrower may, for the same service, 

receive a reduction of loan obligations under both this section and 

section 428J, 428K, 428L, or 460 of such Act. 

SEC. 314. Of the amounts made available under this title under 

the heading ‘‘Student Aid Administration’’, $2,300,000 shall be used 

by the Secretary of Education to conduct outreach to borrowers of 

loans made under part D of title IV of the Higher Education Act 

of 1965 who may intend to qualify for loan cancellation under section 455(m) of such Act (20 U.S.C. 1087e(m)), to ensure that borrowers are meeting the terms and conditions of such loan cancellation: Provided, That the Secretary shall specifically conduct outreach to assist borrowers who would qualify for loan cancellation 

under section 455(m) of such Act except that the borrower has made 

some, or all, of the 120 required payments under a repayment plan 

that is not described under section 455(m)(A) of such Act, to encourage borrowers to enroll in a qualifying repayment plan: Provided 

further, That the Secretary shall also communicate to all Direct 

Loan borrowers the full requirements of section 455(m) of such Act 

and improve the filing of employment certification by providing improved outreach and information such as outbound calls, electronic 

communications, ensuring prominent access to program requirements and benefits on each servicer’s website, and creating an option for all borrowers to complete the entire payment certification 

process electronically and on a centralized website. 

SEC. 315. (a) For any local educational agency that for fiscal 

year 2018, had an enrollment of eligible Federally connected children that was at least 35 percent of the agency’s total student enrollment and a per-pupil expenditure that was less than the average 

per-pupil expenditure of the State or of all the States, and was determined ineligible to receive a payment under section 7003(b)(2)(A) 

of the Elementary and Secondary Education Act of 1965 for failing 

to meet the average tax rate requirement for general fund purposes 

in section 7003(b)(2)(B)(i)(V)(bb), and whose calculated payment 

amount under section 7003(b) for the three years following fiscal 

year 2019 is less than 80 percent of the amount received for fiscal 

year 2019, the Secretary shall pay the local educational agency for 

the following three years not less than 90 percent of the total 

amount the local educational agency received under section 

7003(b)(2) for fiscal year 2017 if such local educational agency— 

(1) previously received a payment under section 

7003(b)(2)(A) but did not receive a payment under section 

7003(b)(2)(B)(ii) (or any predecessor of such provision) for each 

of fiscal years 2015 through 2017; and 

(2) was considered a local educational agency described in 

section 7003(b)(2)(B)(i)(V) (or any predecessor of such provision) 

for each such fiscal year. 


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(b) For fiscal year 2020 and succeeding fiscal years, if a local 

educational agency described in subsection (a) is eligible to receive 

a basic support payment pursuant to section 7003(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

7703(b)(2)), the payment received by the local educational agency 

shall be calculated under section 7003(b)(2) of such Act and not 

under subsection (a). 

This title may be cited as the ‘‘Department of Education Appropriations Act, 2019’’. 

TITLE IV 

RELATED AGENCIES 

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR

SEVERELY DISABLED

SALARIES AND EXPENSES

For expenses necessary for the Committee for Purchase From 

People Who Are Blind or Severely Disabled (referred to in this title 

as ‘‘the Committee’’) established under section 8502 of title 41, 

United States Code, $8,250,000: Provided, That in order to authorize any central nonprofit agency designated pursuant to section 

8503(c) of title 41, United States Code, to perform requirements of 

the Committee as prescribed under section 51–3.2 of title 41, Code 

of Federal Regulations, the Committee shall enter into a written 

agreement with any such central nonprofit agency: Provided further, 

That such agreement shall contain such auditing, oversight, and reporting provisions as necessary to implement chapter 85 of title 41, 

United States Code: Provided further, That such agreement shall 

include the elements listed under the heading ‘‘Committee For Purchase From People Who Are Blind or Severely Disabled—Written 

Agreement Elements’’ in the explanatory statement described in section 4 of Public Law 114–113 (in the matter preceding division A 

of that consolidated Act): Provided further, That any such central 

nonprofit agency may not charge a fee under section 51–3.5 of title 

41, Code of Federal Regulations, prior to executing a written agreement with the Committee: Provided further, That no less than 

$1,250,000 shall be available for the Office of Inspector General. 

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

OPERATING EXPENSES

For necessary expenses for the Corporation for National and 

Community Service (referred to in this title as ‘‘CNCS’’) to carry out 

the Domestic Volunteer Service Act of 1973 (referred to in this title 

as ‘‘1973 Act’’) and the National and Community Service Act of 

1990 (referred to in this title as ‘‘1990 Act’’), $786,629,000, notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) 

of the 1990 Act: Provided, That of the amounts provided under this 

heading: (1) up to 1 percent of program grant funds may be used 

to defray the costs of conducting grant application reviews, including the use of outside peer reviewers and electronic management of 

the grants cycle; (2) $17,538,000 shall be available to provide assistance to State commissions on national and community service, 


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under section 126(a) of the 1990 Act and notwithstanding section 

501(a)(5)(B) of the 1990 Act; (3) $32,000,000 shall be available to 

carry out subtitle E of the 1990 Act; and (4) $5,400,000 shall be 

available for expenses authorized under section 501(a)(4)(F) of the 

1990 Act, which, notwithstanding the provisions of section 198P 

shall be awarded by CNCS on a competitive basis: Provided further, 

That for the purposes of carrying out the 1990 Act, satisfying the 

requirements in section 122(c)(1)(D) may include a determination of 

need by the local community. 

PAYMENT TO THE NATIONAL SERVICE TRUST

(INCLUDING TRANSFER OF FUNDS)

For payment to the National Service Trust established under subtitle D of title I of the 1990 Act, $206,842,000, to remain available until expended: Provided, That CNCS may transfer additional 

funds from the amount provided within ‘‘Operating Expenses’’ allocated to grants under subtitle C of title I of the 1990 Act to the National Service Trust upon determination that such transfer is necessary to support the activities of national service participants and 

after notice is transmitted to the Committees on Appropriations of 

the House of Representatives and the Senate: Provided further, That 

amounts appropriated for or transferred to the National Service 

Trust may be invested under section 145(b) of the 1990 Act without 

regard to the requirement to apportion funds under 31 U.S.C. 

1513(b). 

SALARIES AND EXPENSES

For necessary expenses of administration as provided under section 501(a)(5) of the 1990 Act and under section 504(a) of the 1973 

Act, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District 

of Columbia, the employment of experts and consultants authorized 

under 5 U.S.C. 3109, and not to exceed $2,500 for official reception 

and representation expenses, $83,737,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in car- rying 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, 


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Code of Federal Regulations, without regard to the operating costs 

match requirement in section 121(e) or the member support Federal 

share limitations in section 140 of the 1990 Act, and subject to partial waiver consistent with section 2521.70 of title 45, Code of Federal Regulations. 

SEC. 403. Donations made to CNCS under section 196 of the 

1990 Act for the purposes of financing programs and operations 

under titles I and II of the 1973 Act or subtitle B, C, D, or E of title 

I of the 1990 Act shall be used to supplement and not supplant current programs and operations. 

SEC. 404. In addition to the requirements in section 146(a) of 

the 1990 Act, use of an educational award for the purpose described 

in section 148(a)(4) shall be limited to individuals who are veterans 

as defined under section 101 of the Act. 

SEC. 405. For the purpose of carrying out section 189D of the 

1990 Act— 

(1) entities described in paragraph (a) of such section shall 

be considered ‘‘qualified entities’’ under section 3 of the National Child Protection Act of 1993 (‘‘NCPA’’); 

(2) individuals described in such section shall be considered ‘‘volunteers’’ under section 3 of NCPA; and 

(3) State Commissions on National and Community Service 

established pursuant to section 178 of the 1990 Act, are authorized to receive criminal history record information, consistent 

with Public Law 92–544. 

SEC. 406. Notwithstanding sections 139(b), 146 and 147 of the 

1990 Act, an individual who successfully completes a term of service 

of not less than 1,200 hours during a period of not more than one 

year may receive a national service education award having a value 

of 70 percent of the value of a national service education award determined under section 147(a) of the Act. 

CORPORATION FOR PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting 

(‘‘CPB’’), as authorized by the Communications Act of 1934, an 

amount which shall be available within limitations specified by that 

Act, for the fiscal year 2021, $445,000,000: Provided, That none of 

the funds made available to CPB by this Act shall be used to pay 

for receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further, That none of the 

funds made available to CPB by this Act shall be available or used 

to aid or support any program or activity from which any person 

is excluded, or is denied benefits, or is discriminated against, on the 

basis of race, color, national origin, religion, or sex: Provided further, That none of the funds made available to CPB by this Act 

shall be used to apply any political test or qualification in selecting, 

appointing, promoting, or taking any other personnel action with respect to officers, agents, and employees of CPB: Provided further, 

That none of the funds made available to CPB by this Act shall be 

used to support the Television Future Fund or any similar purpose. 

In addition, for the costs associated with replacing and upgrading the public broadcasting interconnection system and other technologies and services that create infrastructure and efficiencies 

within the public media system, $20,000,000. 


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FEDERAL MEDIATION AND CONCILIATION SERVICE

SALARIES AND EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service (‘‘Service’’) to carry out the functions vested in it by the 

Labor-Management Relations Act, 1947, including hire of passenger 

motor vehicles; for expenses necessary for the Labor-Management 

Cooperation Act of 1978; and for expenses necessary for the Service 

to carry out the functions vested in it by the Civil Service Reform 

Act, $46,650,000, including up to $900,000 to remain available 

through September 30, 2020, for activities authorized by the LaborManagement 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. 


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NATIONAL COUNCIL ON DISABILITY

SALARIES AND EXPENSES

For expenses necessary for the National Council on Disability 

as authorized by title IV of the Rehabilitation Act of 1973, 

$3,250,000. 

NATIONAL LABOR RELATIONS BOARD

SALARIES AND EXPENSES

For expenses necessary for the National Labor Relations Board 

to carry out the functions vested in it by the Labor-Management Relations Act, 1947, and other laws, $274,224,000: Provided, That no 

part of this appropriation shall be available to organize or assist in 

organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining 

units composed of agricultural laborers as referred to in section 2(3) 

of the Act of July 5, 1935, and as amended by the Labor-Management Relations Act, 1947, and as defined in section 3(f) of the Act 

of June 25, 1938, and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, 

nonprofit basis and at least 95 percent of the water stored or supplied thereby is used for farming purposes. 

ADMINISTRATIVE PROVISIONS

SEC. 407. None of the funds provided by this Act or previous 

Acts making appropriations for the National Labor Relations Board 

may be used to issue any new administrative directive or regulation 

that would provide employees any means of voting through any electronic means in an election to determine a representative for the 

purposes of collective bargaining. 

NATIONAL MEDIATION BOARD

SALARIES AND EXPENSES

For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $13,800,000. 

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health 

Review Commission, $13,225,000. 

RAILROAD RETIREMENT BOARD

DUAL BENEFITS PAYMENTS ACCOUNT

For payment to the Dual Benefits Payments Account, authorized 

under section 15(d) of the Railroad Retirement Act of 1974, 

$19,000,000, which shall include amounts becoming available in 

fiscal year 2019 pursuant to section 224(c)(1)(B) of Public Law 98– 


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76; and in addition, an amount, not to exceed 2 percent of the 

amount provided herein, shall be available proportional to the 

amount by which the product of recipients and the average benefit 

received exceeds the amount available for payment of vested dual 

benefits: Provided, That the total amount provided herein shall be 

credited in 12 approximately equal amounts on the first day of each 

month in the fiscal year. 

FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

For payment to the accounts established in the Treasury for the 

payment of benefits under the Railroad Retirement Act for interest 

earned on unnegotiated checks, $150,000, to remain available 

through September 30, 2020, which shall be the maximum amount 

available for payment pursuant to section 417 of Public Law 98–76. 

LIMITATION ON ADMINISTRATION

For necessary expenses for the Railroad Retirement Board 

(‘‘Board’’) for administration of the Railroad Retirement Act and the 

Railroad Unemployment Insurance Act, $123,500,000, to be derived 

in such amounts as determined by the Board from the railroad retirement accounts and from moneys credited to the railroad unemployment insurance administration fund: Provided, That notwithstanding section 7(b)(9) of the Railroad Retirement Act this limitation may be used to hire attorneys only through the excepted service: 

Provided further, That the previous proviso shall not change the 

status under Federal employment laws of any attorney hired by the 

Railroad Retirement Board prior to January 1, 2013: Provided further, That $10,000,000, to remain available until expended, shall be 

used to supplement, not supplant, existing resources devoted to operations and improvements for the Board’s Information Technology 

Investment Initiatives. 

LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General for 

audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, not more than $11,000,000, to be derived from the railroad retirement accounts and railroad unemployment insurance account. 

SOCIAL SECURITY ADMINISTRATION

PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance 

Trust Fund and the Federal Disability Insurance Trust Fund, as 

provided under sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000. 

SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out titles XI and XVI of the Social Security Act, 

section 401 of Public Law 92–603, section 212 of Public Law 93–66, 

as amended, and section 405 of Public Law 95–216, including payment to the Social Security trust funds for administrative expenses 

incurred pursuant to section 201(g)(1) of the Social Security Act, 


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$41,366,203,000, to remain available until expended: Provided, 

That any portion of the funds provided to a State in the current fiscal year and not obligated by the State during that year shall be 

returned to the Treasury: Provided further, That not more than 

$101,000,000 shall be available for research and demonstrations 

under sections 1110, 1115, and 1144 of the Social Security Act, and 

remain available through September 30, 2021. 

For making, after June 15 of the current fiscal year, benefit 

payments to individuals under title XVI of the Social Security Act, 

for unanticipated costs incurred for the current fiscal year, such 

sums as may be necessary. 

For making benefit payments under title XVI of the Social Se- curity 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 


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cost associated with conducting redeterminations of eligibility under 

title XVI of the Social Security Act, for the cost of co-operative disability investigation units, and for the cost associated with the prosecution of fraud in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys: 

Provided, That, of such amount, $273,000,000 is provided to meet 

the terms of section 251(b)(2)(B)(ii)(III) of the Balanced Budget and 

Emergency Deficit Control Act of 1985, as amended, and 

$1,410,000,000 is additional new budget authority specified for purposes of section 251(b)(2)(B) of such Act: Provided further, That, of 

the additional new budget authority described in the preceding proviso, up to $10,000,000 may be transferred to the ‘‘Office of Inspector 

General’’, Social Security Administration, for the cost of jointly operated co-operative disability investigation units: Provided further, 

That such transfer authority is in addition to any other transfer authority provided by law: Provided further, That the Commissioner 

shall provide to the Congress (at the conclusion of the fiscal year) 

a report on the obligation and expenditure of these funds, similar 

to the reports that were required by section 103(d)(2) of Public Law 

104–121 for fiscal years 1996 through 2002. 

In addition, $134,000,000 to be derived from administration 

fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) 

of Public Law 93–66, which shall remain available until expended. 

To the extent that the amounts collected pursuant to such sections 

in fiscal year 2019 exceed $134,000,000, the amounts shall be available in fiscal year 2020 only to the extent provided in advance in 

appropriations Acts. 

In addition, up to $1,000,000 to be derived from fees collected 

pursuant to section 303(c) of the Social Security Protection Act, 

which shall remain available until expended. 

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

$30,000,000, together with not to exceed $75,500,000, to be transferred and expended as authorized by section 201(g)(1) of the Social 

Security Act from the Federal Old-Age and Survivors Insurance 

Trust Fund and the Federal Disability Insurance Trust Fund. 

In addition, an amount not to exceed 3 percent of the total provided in this appropriation may be transferred from the ‘‘Limitation 

on Administrative Expenses’’, Social Security Administration, to be 

merged with this account, to be available for the time and purposes 

for which this account is available: Provided, That notice of such 

transfers shall be transmitted promptly to the Committees on Appropriations of the House of Representatives and the Senate at least 15 

days in advance of any transfer. 


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TITLE V 

GENERAL PROVISIONS 

(TRANSFER OF FUNDS)

SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances 

of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall be 

used for the same purpose, and for the same periods of time, for 

which they were originally appropriated. 

SEC. 502. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 503. (a) No part of any appropriation contained in this Act 

or transferred pursuant to section 4002 of Public Law 111–148 shall 

be used, other than for normal and recognized executive-legislative 

relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, 

electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the 

Congress or any State or local legislature or legislative body, except 

in presentation to the Congress or any State or local legislature 

itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive 

branch of any State or local government, except in presentation to 

the executive branch of any State or local government itself. 

(b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be 

used to pay the salary or expenses of any grant or contract recipient, 

or agent acting for such recipient, related to any activity designed 

to influence the enactment of legislation, appropriations, regulation, 

administrative action, or Executive order proposed or pending before 

the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized 

executive-legislative relationships or participation by an agency or 

officer of a State, local or tribal government in policymaking and 

administrative processes within the executive branch of that government. 

(c) The prohibitions in subsections (a) and (b) shall include any 

activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending, or future 

requirement or restriction on any legal consumer product, including 

its sale or marketing, including but not limited to the advocacy or 

promotion of gun control. 

SEC. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles I 

and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $5,000 from the funds available 

for ‘‘Federal Mediation and Conciliation Service, Salaries and Expenses’’; and the Chairman of the National Mediation Board is authorized to make available for official reception and representation 


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expenses not to exceed $5,000 from funds available for ‘‘National 

Mediation Board, Salaries and Expenses’’. 

SEC. 505. When issuing statements, press releases, requests for 

proposals, bid solicitations and other documents describing projects 

or programs funded in whole or in part with Federal money, all 

grantees receiving Federal funds included in this Act, including but 

not limited to State and local governments and recipients of Federal 

research grants, shall clearly state— 

(1) the percentage of the total costs of the program or 

project which will be financed with Federal money; 

(2) the dollar amount of Federal funds for the project or 

program; and 

(3) percentage and dollar amount of the total costs of the 

project or program that will be financed by non-governmental 

sources. 

SEC. 506. (a) None of the funds appropriated in this Act, and 

none of the funds in any trust fund to which funds are appropriated 

in this Act, shall be expended for any abortion. 

(b) None of the funds appropriated in this Act, and none of the 

funds in any trust fund to which funds are appropriated in this Act, 

shall be expended for health benefits coverage that includes coverage 

of abortion. 

(c) The term ‘‘health benefits coverage’’ means the package of 

services covered by a managed care provider or organization pursuant to a contract or other arrangement. 

SEC. 507. (a) The limitations established in the preceding section shall not apply to an abortion— 

(1) if the pregnancy is the result of an act of rape or incest; 

or 

(2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the 

pregnancy itself, that would, as certified by a physician, place 

the woman in danger of death unless an abortion is performed. 

(b) Nothing in the preceding section shall be construed as prohibiting the expenditure by a State, locality, entity, or private person 

of State, local, or private funds (other than a State’s or locality’s 

contribution of Medicaid matching funds). 

(c) Nothing in the preceding section shall be construed as restricting the ability of any managed care provider from offering 

abortion coverage or the ability of a State or locality to contract separately with such a provider for such coverage with State funds 

(other than a State’s or locality’s contribution of Medicaid matching 

funds). 

(d)(1) None of the funds made available in this Act may be 

made available to a Federal agency or program, or to a State or 

local government, if such agency, program, or government subjects 

any institutional or individual health care entity to discrimination 

on the basis that the health care entity does not provide, pay for, 

provide coverage of, or refer for abortions. 

(2) In this subsection, the term ‘‘health care entity’’ includes an 

individual physician or other health care professional, a hospital, a 

provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan. 


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SEC. 508. (a) None of the funds made available in this Act may 

be used for— 

(1) the creation of a human embryo or embryos for research 

purposes; or 

(2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or 

death greater than that allowed for research on fetuses in utero 

under 45 CFR 46.204(b) and section 498(b) of the Public Health 

Service Act (42 U.S.C. 289g(b)). 

(b) For purposes of this section, the term ‘‘human embryo or embryos’’ includes any organism, not protected as a human subject 

under 45 CFR 46 as of the date of the enactment of this Act, that 

is derived by fertilization, parthenogenesis, cloning, or any other 

means from one or more human gametes or human diploid cells. 

SEC. 509. (a) None of the funds made available in this Act may 

be used for any activity that promotes the legalization of any drug 

or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled 

Substances Act except for normal and recognized executive-congressional communications. 

(b) The limitation in subsection (a) shall not apply when there 

is significant medical evidence of a therapeutic advantage to the use 

of such drug or other substance or that federally sponsored clinical 

trials are being conducted to determine therapeutic advantage. 

SEC. 510. None of the funds made available in this Act may be 

used to promulgate or adopt any final standard under section 

1173(b) of the Social Security Act providing for, or providing for the 

assignment of, a unique health identifier for an individual (except 

in an individual’s capacity as an employer or a health care provider), until legislation is enacted specifically approving the standard. 

SEC. 511. None of the funds made available in this Act may be 

obligated or expended to enter into or renew a contract with an entity if— 

(1) such entity is otherwise a contractor with the United 

States and is subject to the requirement in 38 U.S.C. 4212(d) 

regarding submission of an annual report to the Secretary of 

Labor concerning employment of certain veterans; and 

(2) such entity has not submitted a report as required by 

that section for the most recent year for which such requirement 

was applicable to such entity. 

SEC. 512. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government, except pursuant to a transfer made by, 

or transfer authority provided in, this Act or any other appropriation Act. 

SEC. 513. None of the funds made available by this Act to carry 

out the Library Services and Technology Act may be made available 

to any library covered by paragraph (1) of section 224(f) of such Act, 

as amended by the Children’s Internet Protection Act, unless such 

library has made the certifications required by paragraph (4) of 

such section. 

SEC. 514. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by 

this Act that remain available for obligation or expenditure in fiscal 


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year 2019, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— 

(1) creates new programs; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or restricted; 

(4) relocates an office or employees; 

(5) reorganizes or renames offices; 

(6) reorganizes programs or activities; or 

(7) contracts out or privatizes any functions or activities 

presently performed by Federal employees; 

unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier, and are notified in writing 

10 days in advance of such reprogramming. 

(b) None of the funds provided under this Act, or provided 

under previous appropriations Acts to the agencies funded by this 

Act that remain available for obligation or expenditure in fiscal 

year 2019, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds in excess of $500,000 or 10 

percent, whichever is less, that— 

(1) augments existing programs, projects (including construction projects), or activities; 

(2) reduces by 10 percent funding for any existing program, 

project, or activity, or numbers of personnel by 10 percent as approved by Congress; or 

(3) results from any general savings from a reduction in 

personnel which would result in a change in existing programs, 

activities, or projects as approved by Congress; 

unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier, and are notified in writing 

10 days in advance of such reprogramming. 

SEC. 515. (a) None of the funds made available in this Act may 

be used to request that a candidate for appointment to a Federal 

scientific advisory committee disclose the political affiliation or voting history of the candidate or the position that the candidate holds 

with respect to political issues not directly related to and necessary 

for the work of the committee involved. 

(b) None of the funds made available in this Act may be used 

to disseminate information that is deliberately false or misleading. 

SEC. 516. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit an 

operating plan that details at the program, project, and activity 

level any funding allocations for fiscal year 2019 that are different 

than those specified in this Act, the accompanying detailed table in 

the joint explanatory statement accompanying this Act or the fiscal 

year 2019 budget request. 


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SEC. 517. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the Senate a report on the number and amount of contracts, grants, and 

cooperative agreements exceeding $500,000 in value and awarded by 

the Department on a non-competitive basis during each quarter of 

fiscal year 2019, but not to include grants awarded on a formula 

basis or directed by law. Such report shall include the name of the 

contractor or grantee, the amount of funding, the governmental purpose, including a justification for issuing the award on a non-competitive basis. Such report shall be transmitted to the Committees 

within 30 days after the end of the quarter for which the report is 

submitted. 

SEC. 518. None of the funds appropriated in this Act shall be 

expended or obligated by the Commissioner of Social Security, for 

purposes of administering Social Security benefit payments under 

title II of the Social Security Act, to process any claim for credit for 

a quarter of coverage based on work performed under a social security account number that is not the claimant’s number and the performance of such work under such number has formed the basis for 

a conviction of the claimant of a violation of section 208(a)(6) or (7) 

of the Social Security Act. 

SEC. 519. None of the funds appropriated by this Act may be 

used by the Commissioner of Social Security or the Social Security 

Administration to pay the compensation of employees of the Social 

Security Administration to administer Social Security benefit payments, under any agreement between the United States and Mexico 

establishing totalization arrangements between the social security 

system established by title II of the Social Security Act and the social security system of Mexico, which would not otherwise be payable but for such agreement. 

SEC. 520. (a) None of the funds made available in this Act may 

be used to maintain or establish a computer network unless such 

network blocks the viewing, downloading, and exchanging of pornography. 

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 

SEC. 521. None of the funds made available under this or any 

other Act, or any prior Appropriations Act, may be provided to the 

Association of Community Organizations for Reform Now (ACORN), 

or any of its affiliates, subsidiaries, allied organizations, or successors. 

SEC. 522. For purposes of carrying out Executive Order 13589, 

Office of Management and Budget Memorandum M–12–12 dated 

May 11, 2012, and requirements contained in the annual appropriations bills relating to conference attendance and expenditures: 

(1) the operating divisions of HHS shall be considered independent agencies; and 

(2) attendance at and support for scientific conferences 

shall be tabulated separately from and not included in agency 

totals. 

SEC. 523. Federal agencies funded under this Act shall clearly 

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cational purposes, including emails or Internet postings, that the 

communication is printed, published, or produced and disseminated 

at U.S. taxpayer expense. The funds used by a Federal agency to 

carry out this requirement shall be derived from amounts made 

available to the agency for advertising or other communications regarding the programs and activities of the agency. 

SEC. 524. (a) Federal agencies may use Federal discretionary 

funds that are made available in this Act to carry out up to 10 Performance Partnership Pilots. Such Pilots shall be governed by the 

provisions of section 526 of division H of Public Law 113–76, except 

that in carrying out such Pilots section 526 shall be applied by substituting ‘‘FISCAL YEAR 2019’’ for ‘‘FISCAL YEAR 2014’’ in the title of 

subsection (b) and by substituting ‘‘September 30, 2023’’ for ‘‘September 30, 2018’’ each place it appears: Provided, That such pilots 

shall include communities that have experienced civil unrest. 

(b) In addition, Federal agencies may use Federal discretionary 

funds that are made available in this Act to participate in Performance Partnership Pilots that are being carried out pursuant to the 

authority provided by section 526 of division H of Public Law 113– 

76, section 524 of division G of Public Law 113–235, section 525 of 

division H of Public Law 114–113, section 525 of division H of Public Law 115–31, and section 525 of division H of Public Law 115– 

141. 

(c) Pilot sites selected under authorities in this Act and prior 

appropriations Acts may be granted by relevant agencies up to an 

additional 5 years to operate under such authorities. 

SEC. 525. Not later than 30 days after the end of each calendar 

quarter, beginning with the first month of fiscal year 2019, the Departments of Labor, Health and Human Services and Education 

and the Social Security Administration shall provide the Committees on Appropriations of the House of Representatives and Senate 

a report on the status of balances of appropriations: Provided, That 

for balances that are unobligated and uncommitted, committed, and 

obligated but unexpended, the monthly reports shall separately 

identify the amounts attributable to each source year of appropriation (beginning with fiscal year 2012, or, to the extent feasible, earlier fiscal years) from which balances were derived. 

(RESCISSION)

SEC. 526. Of the unobligated balances available in the ‘‘National Service Trust’’ established in section 102 of the National and 

Community Service Trust Act of 1993, $150,000,000 are hereby rescinded. 

(RESCISSION)

SEC. 527. Of any available amounts appropriated under section 

2104(a)(22) of the Social Security Act (42 U.S.C. 1397dd) that are 

unobligated as of September 25, 2019, $2,061,000,000 are hereby rescinded as of such date. 

SEC. 528. Amounts deposited in the Child Enrollment Contingency Fund prior to the beginning of fiscal year 2019 under section 

2104(n)(2) of the Social Security Act and the income derived from 

investment of those funds pursuant to section 2104(n)(2)(C) of that 

Act, shall not be available for obligation in this fiscal year. 


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SEC. 529. Notwithstanding any other provision of this Act, no 

funds appropriated in this Act shall be used to purchase sterile needles or syringes for the hypodermic injection of any illegal drug: 

Provided, That such limitation does not apply to the use of funds 

for elements of a program other than making such purchases if the 

relevant State or local health department, in consultation with the 

Centers for Disease Control and Prevention, determines that the 

State or local jurisdiction, as applicable, is experiencing, or is at 

risk for, a significant increase in hepatitis infections or an HIV outbreak due to injection drug use, and such program is operating in 

accordance with State and local law. 

This division may be cited as the ‘‘Departments of Labor, 

Health and Human Services, and Education, and Related Agencies 

Appropriations Act, 2019’’. 

DIVISION C—CONTINUING APPROPRIATIONS ACT, 2019 

The following sums are hereby appropriated, out of any money 

in the Treasury not otherwise appropriated, and out of applicable 

corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of 

Government for fiscal year 2019, and for other purposes, namely: 

SEC. 101. Such amounts as may be necessary, at a rate for operations as provided in the applicable appropriations Acts for fiscal 

year 2018 and under the authority and conditions provided in such 

Acts, for continuing projects or activities (including the costs of direct loans and loan guarantees) that are not otherwise specifically 

provided for in this Act, that were conducted in fiscal year 2018, 

and for which appropriations, funds, or other authority were made 

available in the following appropriations Acts: 

(1) The Agriculture, Rural Development, Food and Drug 

Administration, and Related Agencies Appropriations Act, 2018 

(division A of Public Law 115–141), except section 783. 

(2) The Commerce, Justice, Science, and Related Agencies 

Appropriations Act, 2018 (division B of Public Law 115–141). 

(3) The Energy and Water Development and Related Agencies Appropriations Act, 2018 (division D of Public Law 115– 

141). 

(4) The Financial Services and General Government Appropriations Act, 2018 (division E of Public Law 115–31). 

(5) The Department of Homeland Security Appropriations 

Act, 2018 (division F of Public Law 115–141) and title II of division M of Public Law 115–141. 

(6) The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2018 (division G of Public 

Law 115–141), except section 114, except for appropriations in 

the matter preceding the first proviso under the heading 

‘‘Dwight D. Eisenhower Memorial Commission—Capital Construction’’, and except that the language in section 118 shall be 

applied as if the language read as follows: ‘‘Section 6906 of title 

31, United States Code, shall continue in effect for this fiscal 

year’’. 

(7) The Legislative Branch Appropriations Act, 2018 (division I of Public Law 115–141) and section 7(a) of Public Law 

115–141. 


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(8) The Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018 (division J of Public 

Law 115–141), except section 243. 

(9) The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2018 (division K of Public 

Law 115–141). 

(10) The Transportation, Housing and Urban Development, 

and Related Agencies Appropriations Act, 2018 (division L of 

Public Law 115–141). 

SEC. 102. Appropriations made by section 101 shall be available to the extent and in the manner that would be provided by the 

pertinent appropriations Act. 

SEC. 103. No appropriation or funds made available or authority granted pursuant to section 101 shall be used to initiate or resume any project or activity for which appropriations, funds, or 

other authority were not available during fiscal year 2018. 

SEC. 104. Appropriations made and authority granted pursuant 

to this Act shall cover all obligations or expenditures incurred for 

any project or activity during the period for which funds or authority for such project or activity are available under this Act. 

SEC. 105. Unless otherwise provided for in this Act or in the applicable appropriations Act for fiscal year 2019, appropriations and 

funds made available and authority granted pursuant to this Act 

shall be available until whichever of the following first occurs: 

(1) the enactment into law of an appropriation for any 

project or activity provided for in this Act; 

(2) the enactment into law of the applicable appropriations 

Act for fiscal year 2019 without any provision for such project 

or activity; or 

(3) December 7, 2018. 

SEC. 106. Expenditures made pursuant to this Act shall be 

charged to the applicable appropriation, fund, or authorization 

whenever a bill in which such applicable appropriation, fund, or 

authorization is contained is enacted into law. 

SEC. 107. Appropriations made and funds made available by or 

authority granted pursuant to this Act may be used without regard 

to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, but 

nothing in this Act may be construed to waive any other provision 

of law governing the apportionment of funds. 

SEC. 108. Notwithstanding any other provision of this Act, except section 105, for those programs that would otherwise have high 

initial rates of operation or complete distribution of appropriations 

at the beginning of fiscal year 2019 because of distributions of funding to States, foreign countries, grantees, or others, such high initial 

rates of operation or complete distribution shall not be made, and 

no grants shall be awarded for such programs funded by this Act 

that would impinge on final funding prerogatives. 

SEC. 109. This Act shall be implemented so that only the most 

limited funding action of that permitted in the Act shall be taken 

in order to provide for continuation of projects and activities. 

SEC. 110. (a) For entitlements and other mandatory payments 

whose budget authority was provided in appropriations Acts for fiscal year 2018, and for activities under the Food and Nutrition Act 

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gram levels under current law, under the authority and conditions 

provided in the applicable appropriations Act for fiscal year 2018, 

to be continued through the date specified in section 105(3). 

(b) Notwithstanding section 105, obligations for mandatory 

payments due on or about the first day of any month that begins 

after October 2018 but not later than 30 days after the date specified in section 105(3) may continue to be made, and funds shall be 

available for such payments. 

SEC. 111. Amounts made available under section 101 for civilian personnel compensation and benefits in each department and 

agency may be apportioned up to the rate for operations necessary 

to avoid furloughs within such department or agency, consistent 

with the applicable appropriations Act for fiscal year 2018, except 

that such authority provided under this section shall not be used 

until after the department or agency has taken all necessary actions 

to reduce or defer non-personnel-related administrative expenses. 

SEC. 112. Funds appropriated by this Act may be obligated and 

expended notwithstanding section 10 of Public Law 91–672 (22 

U.S.C. 2412), section 15 of the State Department Basic Authorities 

Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations 

Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), 

and section 504(a)(1) of the National Security Act of 1947 (50 

U.S.C. 3094(a)(1)). 

SEC. 113. (a) Each amount incorporated by reference in this Act 

that was previously designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget 

and Emergency Deficit Control Act of 1985 or as being for disaster 

relief pursuant to section 251(b)(2)(D) of such Act is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism or as an emergency requirement pursuant to section 

251(b)(2)(A) of such Act or as being for disaster relief pursuant to 

section 251(b)(2)(D) of such Act, respectively. 

(b) Section 6 of Public Law 115–141 shall apply to amounts 

designated in subsection (a) for Overseas Contingency Operations/ 

Global War on Terrorism or as an emergency requirement. 

SEC. 114. Amounts made available by section 101 for ‘‘Department of Agriculture—Food and Nutrition Service—Child Nutrition 

Programs’’ to carry out section 749(g) of the Agriculture Appropriations Act of 2010 (Public Law 111–80) may be apportioned up to the 

rate for operations necessary to ensure that the program can be fully 

operational by May, 2019. 

SEC. 115. Notwithstanding section 101, amounts are available 

in the ‘‘Rural Utilities Service—Rural Water and Waste Disposal 

Program Account’’ of the Department of Agriculture for gross obligations for the principal amount of direct loans as authorized by section 306 of the Consolidated Farm and Rural Development Act not 

to exceed $4,141,176,000. 

SEC. 116. Amounts provided by section 110 to the Department 

of Agriculture for ‘‘Corporations—Commodity Credit Corporation 

Fund—Reimbursement for Net Realized Losses’’ may be used, prior 

to the completion of the report described in section 2 of the Act of 

August 17, 1961 (15 U.S.C. 713a–11), to reimburse the Commodity 

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viously reimbursed, as reflected in the June 2018 report of its financial condition. 

SEC. 117. In addition to amounts provided by section 101, 

amounts are provided for ‘‘Department of Agriculture—Agricultural 

Research Service—Salaries and Expenses’’ at a rate for operations 

of $42,000,000 for the operation and maintenance of the National 

Bio and Agro-Defense Facility. 

SEC. 118. Any program, authority, or provision, including any 

pilot program, authorized under the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 54) shall continue in effect through the date specified in section 105(3) of this 

Act. 

SEC. 119. (a) Funds made available by section 101 for ‘‘Department of Energy—Energy Programs—Uranium Enrichment Decontamination and Decommissioning Fund’’ may be apportioned up to 

the rate for operations necessary to avoid disruption of continuing 

projects or activities funded in this appropriation. 

(b) The Secretary of Energy shall notify the Committees on Appropriations of the House of Representatives and the Senate not 

later than 3 days after each use of the authority provided in subsection (a). 

SEC. 120. Notwithstanding section 101, the matter preceding 

the first proviso under the heading ‘‘Department of Energy—Power 

Marketing Administrations—Operation and Maintenance, Southwestern Power Administration’’ in division D of the Consolidated 

Appropriations Act, 2018 (Public Law 115–141) shall be applied by 

substituting ‘‘$43,488,000’’ for ‘‘$30,288,000’’; the first proviso under 

such heading shall be applied by substituting ‘‘$33,088,000’’ for 

‘‘$18,888,000’’; and the second proviso under such heading shall be 

applied by substituting ‘‘$10,400,000’’ for ‘‘$11,400,000’’. 

SEC. 121. Notwithstanding section 101, amounts are provided 

to the Department of the Treasury for ‘‘Departmental Offices—Salaries and Expenses’’ at a rate for operations of $214,576,000. 

SEC. 122. Notwithstanding any other provision of this Act, except section 105, the District of Columbia may expend local funds 

under the heading ‘‘District of Columbia Funds’’ for such programs 

and activities under the District of Columbia Appropriations Act, 

2018 (title IV of division E of Public Law 115–141) at the rate set 

forth under ‘‘Part A—Summary of Expenses’’ as included in the Fiscal Year 2019 Local Budget Act of 2018 (D.C. Act 22–397), as modified as of the date of the enactment of this Act. 

SEC. 123. Amounts made available by section 101 for ‘‘Small 

Business Administration—Business Loans Program Account’’ may 

be apportioned up to the rate for operations necessary to accommodate increased demand for commitments for general business loans 

authorized under section 7(a) of the Small Business Act (15 U.S.C. 

636(a)). 

SEC. 124. Amounts made available by section 101 for ‘‘Department of Homeland Security—Federal Emergency Management 

Agency—Disaster Relief Fund’’ may be apportioned up to the rate 

for operations necessary to carry out response and recovery activities 

under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). 

SEC. 125. The Secretary of Homeland Security may transfer up 

to $15,000,000 in unexpended balances of amounts made available 


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to the Department of Homeland Security under the heading ‘‘Science 

and Technology Directorate—Operations and Support’’ in division F 

of the Consolidated Appropriations Act, 2018 (Public Law 115–141) 

to the Department of Agriculture for the purpose of contract support 

of the operations of the National Bio and Agro-defense Facility. 

SEC. 126. Amounts made available by section 101 for the ‘‘U.S. 

Customs and Border Protection—Operations and Support’’, ‘‘U.S. 

Immigration and Customs Enforcement—Operations and Support’’, 

and ‘‘United States Secret Service—Operations and Support’’ accounts of the Department of Homeland Security may be apportioned 

at a rate for operations necessary to maintain not less than the 

number of the staff achieved on September 30, 2018. 

SEC. 127. Amounts made available by section 101 for the Department of Homeland Security for ‘‘United States Secret Service— 

Procurement, Construction, and Improvements’’ may be apportioned 

up to the rate for operations necessary to purchase base platform vehicles in support of the fully armored vehicle program. 

SEC. 128. Amounts made available by section 101 to the Department of Homeland Security for ‘‘Office of the Secretary and Executive Management—Operations and Support’’, ‘‘Management Directorate—Operations and Support’’, and ‘‘Intelligence, Analysis, 

and Operations Coordination—Operations and Support’’ may be apportioned up to the rate for operations necessary to carry out activities previously funded by the Working Capital Fund of the Department of Homeland Security, consistent with the fiscal year 2019 

President’s Budget. 

SEC. 129. (a) In addition to amounts provided by section 101, 

amounts are provided for ‘‘Department of Health and Human Services—Indian Health Service—Indian Health Services’’ at a rate for 

operations of $14,112,000, for an additional amount for costs of 

staffing and operating facilities that were opened, renovated, or expanded in fiscal year 2018, and such amounts may be apportioned 

up to the rate for operations necessary to staff and operate such facilities. 

(b) In addition to amounts provided by section 101, amounts 

are provided for ‘‘Department of Health and Human Services—Indian Health Service—Indian Health Facilities’’ at a rate for operations of $1,200,000, for an additional amount for costs of staffing 

and operating facilities that were opened, renovated, or expanded in 

fiscal year 2018, and such amounts may be apportioned up to the 

rate for operations necessary to staff and operate newly constructed 

facilities. 

SEC. 130. Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) shall be applied by substituting 

‘‘September 30, 2020’’ for ‘‘September 30, 2019’’. 

SEC. 131. Notwithstanding section 101, the matter preceding 

the first proviso and the second proviso under the heading ‘‘Environmental Protection Agency—Hazardous Waste Electronic Manifest 

System Fund’’ in division G of Public Law 115–141 shall be applied 

by substituting ‘‘$8,000,000’’ for ‘‘$3,674,000’’ each place it appears: 

Provided, That such amounts may be apportioned up to the rate for 

operations necessary and amounts made available by section 101 for 

‘‘Environmental Protection Agency’’ may be transferred between appropriations under such heading as necessary to ensure that the 


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Hazardous Waste Electronic Manifest System becomes fully operational. 

SEC. 132. (a) The following sections of the Federal Insecticide, 

Fungicide, and Rodenticide Act shall continue in effect through the 

date specified in section 105(3) of this Act— 

(1) subparagraphs (C) through (E) of section 4(i)(1) (7 

U.S.C. 136a–1(i)(1)(C)–(E)); 

(2) section 4(k)(3) (7 U.S.C. 136a–1(k)(3)); 

(3) section 4(k)(4) (7 U.S.C. 136a-1(k)(4)); and 

(4) section 33(c)(3)(B) (7 U.S.C. 136w–8(c)(3)(B)). 

(b)(1) Section 4(i)(1)(I) of the Federal Insecticide, Fungicide, 

and Rodenticide Act (7 U.S.C. 136a–1(i)(1)(I)) shall be applied by 

substituting the date specified in section 105(3) of this Act for ‘‘September 30, 2017’’. 

(2) Notwithstanding section 33(m)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(m)(2)), 

section 33(m)(1) of such Act (7 U.S.C. 136w–8(m)(1)) shall be 

applied by substituting the date specified in section 105(3) of 

this Act for ‘‘September 30, 2017’’. 

(c) Section 408(m)(3) of the Federal Food, Drug, and Cosmetic 

Act (21 U.S.C. 346a(m)(3)) shall be applied by substituting the date 

specified in section 105(3) of this Act for ‘‘September 30, 2017’’. 

SEC. 133. Activities authorized under part A of title IV and section 1108(b) of the Social Security Act shall continue through the 

date specified in section 105(3) of this Act in the manner authorized 

for fiscal year 2018, and out of any money in the Treasury of the 

United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. 

SEC. 134. The authority provided by section 7081(h) of division 

J of the Consolidated Appropriations Act, 2017 (Public Law 115–31) 

shall apply through the date specified in section 105(3). 

SEC. 135. Effective upon enactment of this Act, the matter 

under the heading ‘‘Federal Railroad Administration—Railroad Rehabilitation and Improvement Financing Program’’ in division L of 

the Consolidated Appropriations Act, 2018 (Public Law 115–141) is 

amended— 

(1) by striking the third and fourth provisos and inserting 

the following provisos: ‘‘Provided further, That, not later than 

30 days after the date of enactment of the Continuing Appropriations Act, 2019, the Secretary of Transportation, in consultation with the Director of the Office of Management and 

Budget, shall define the term ‘cohorts of loans’ for purposes of 

section 502(f)(4) of the Railroad Revitalization and Regulatory 

Reform Act of 1976 (45 U.S.C. 822(f)(4)) (as in effect on the day 

before the amendments made by section 11607 of Public Law 

114–94 (129 Stat. 1698) took effect): Provided further, That, 

when all obligations attached to a cohort of loans have been 

satisfied, the Secretary of Transportation shall return to the 

original source, on a pro rata basis, the credit risk premiums 

paid for the loans in the cohort, with interest accrued thereon, 

that were not used to mitigate losses, not later than 60 days 

after the date of enactment of the Continuing Appropriations 

Act, 2019 or, for a cohort of loans with obligations that have 

not yet been satisfied, not later than 60 days after the date on 


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which all obligations attached to the cohort have been satisfied:’’; and 

(2) by striking ‘‘for a fiscal year’’ in the fifth proviso. 

This division may be cited as the ‘‘Continuing Appropriations 

Act, 2019’’. 

And the Senate agree to the same. 

RODNEY P. FRELINGHUYSEN, KAY GRANGER, TOM COLE, KEN CALVERT, STEVE WOMACK, ROBERT B. ADERHOLT, HAROLD ROGERS, MARTHA ROBY, NITA M. LOWEY, PETER J. VISCLOSKY, ROSA DELAURO, LUCILLE ROYBAL-ALLARD, BETTY MCCOLLUM, Managers on the Part of the House. 

RICHARD C. SHELBY, 

ROY BLUNT, 

LINDSEY GRAHAM, 

JERRY MORAN, 

PATRICK J. LEAHY, 

PATTY MURRAY, 

RICHARD J. DURBIN

(Except Senate receding on 

Senate section 252), 

Managers on the Part of the Senate. 


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JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF 

CONFERENCE 

The managers on the part of the House and Senate at the conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 6157) making appropriations 

for the Department of Defense for the fiscal year ending September 

30, 2019, and for other purposes, submit the following joint statement to the House and Senate in explanation of the effect of the 

action agreed upon by the managers and recommended in the accompanying conference report. 

This conference agreement includes the Department of Defense 

Appropriations Act, 2019, the Departments of Labor, Health and 

Human Services, and Education, and Related Agencies Appropriations Act, 2019, and the Continuing Appropriations Act, 2019. The 

Senate amendment included the Senate version of the Defense Appropriations bill (S. 3159) and added the Labor, Health and Human 

Services, and Education and Related Agencies bill (S. 3158). The 

House bill included the House version of the Defense Appropriations bill (H.R. 6157) only. H.R. 6157 was passed by the House on 

June 28, 2018 and used as the vehicle for the Senate amendment, 

which passed the Senate on August 23, 2018. The agreement also 

includes continuing appropriations for fiscal year 2019. 

Section 1 of the conference agreement is the short title of the 

bill. 

Section 2 of the conference agreement displays a table of contents. 

Section 3 of the conference agreement states that, unless expressly provided otherwise, any reference to ‘‘this Act’’ contained in 

any division shall be treated as referring only to the provisions of 

that division. 

Section 4 provides a statement of appropriations. 

The conference agreement does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

by clause 9 of rule XXI of the Rules of the House of Representatives. 

DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS 

ACT, 2019 

The conference agreement on the Department of Defense Appropriations Act, 2019, incorporates some of the provisions of both 

the House and Senate versions of the bill. The language and allocations set forth in House Report 115–769 and Senate Report 115– 

290 should be complied with unless specifically addressed in the accompanying bill and statement of the managers to the contrary. 


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DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

For the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 99–177), as amended by the 

Balanced Budget and Emergency Deficit Control Reaffirmation Act 

of 1987 (Public Law 100–119), and by the Budget Enforcement Act 

of 1990 (Public Law 101–508), the terms ‘‘program, project, and activity’’ for appropriations contained in this Act shall be defined as 

the most specific level of budget items identified in the Department 

of Defense Appropriations Act, 2019, the related classified annexes 

and explanatory statements, and the P–1 and R–1 budget justification documents as subsequently modified by congressional action. 

The following exception to the above definition shall apply: the 

military personnel and the operation and maintenance accounts, 

for which the term ‘‘program, project, and activity’’ is defined as the 

appropriations accounts contained in the Department of Defense 

Appropriations Act. 

At the time the President submits the budget request for fiscal 

year 2020, the Secretary of Defense is directed to transmit to the 

congressional defense committees budget justification documents to 

be known as the ‘‘M–1’’ and the ‘‘O–1’’ which shall identify, at the 

budget activity, activity group, and sub-activity group level, the 

amounts requested by the President to be appropriated to the Department of Defense for military personnel and operation and 

maintenance in any budget request, or amended budget request, 

for fiscal year 2020. 

REPROGRAMMING GUIDANCE

The Secretary of Defense is directed to continue to follow the 

reprogramming guidance for acquisition accounts as specified in 

the report accompanying the House version of the Department of 

Defense Appropriations bill for Fiscal Year 2008 (House Report 

110–279). The dollar threshold for reprogramming funds shall be 

$10,000,000 for military personnel; $15,000,000 for operation and 

maintenance; $20,000,000 for procurement; and $10,000,000 for research, development, test and evaluation. 

Also, the Under Secretary of Defense (Comptroller) is directed 

to continue to provide the congressional defense committees annual 

DD Form 1416 reports for titles I and II and quarterly, spreadsheet-based DD Form 1416 reports for Service and defense-wide accounts in titles III and IV of this Act. Reports for titles III and IV 

shall comply with guidance specified in the explanatory statement 

accompanying the Department of Defense Appropriations Act, 

2006. The Department shall continue to follow the limitation that 

prior approval reprogrammings are set at either the specified dollar 

threshold or 20 percent of the procurement or research, development, test and evaluation line, whichever is less. These thresholds 

are cumulative from the base for reprogramming value as modified 

by any adjustments. Therefore, if the combined value of transfers 

into or out of a military personnel (M–1), an operation and maintenance (O–1), a procurement (P–1), or a research, development, test 

and evaluation (R–1) line exceeds the identified threshold, the Secretary of Defense must submit a prior approval reprogramming to 

the congressional defense committees. In addition, guidelines on 


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the application of prior approval reprogramming procedures for 

congressional special interest items are established elsewhere in 

this statement. 

FUNDING INCREASES

The funding increases outlined in the tables for each appropriation account shall be provided only for the specific purposes indicated in the tables. 

CONGRESSIONAL SPECIAL INTEREST ITEMS

Items for which additional funds have been provided or items 

for which funding is specifically reduced as shown in the project 

level tables or in paragraphs using the phrase ‘‘only for’’ or ‘‘only 

to’’ are congressional special interest items for the purpose of the 

Base for Reprogramming (DD Form 1414). Each of these items 

must be carried on the DD Form 1414 at the stated amount, as 

specifically addressed in the explanatory statement. 

CLASSIFIED ANNEX

Adjustments to classified programs are addressed in the accompanying classified annex. 

OTHER TRANSACTION AUTHORITY

The conferees support the use of Other Transaction Authority 

(OTA) pursuant to section 2371b of title 10, United States Code for 

prototyping projects to enhance the mission effectiveness of the Department of Defense. However, the conferees are concerned with 

the lack of transparency surrounding the employment of OTA, particularly for follow-on production. Therefore, the conferees direct 

the Secretary of Defense to provide quarterly reports to the House 

and Senate Appropriations Committees not later than 30 days after 

the close of each fiscal quarter, detailing the Department’s execution of funds for OTA prototype projects. Such reports shall be submitted beginning with the first quarter of fiscal year 2019 and 

shall include a classified annex, if necessary. The report shall list 

each active OTA agreement characterized by Service or agency, 

major command, contracting activity, appropriation, budget line 

item, minimum and maximum award value, vendor, obligations 

and expenditures to date, product service code, and period of performance. Other Transaction Authority agreements that include an 

option for follow-on production shall be clearly annotated in the report and include a description of the scope of the follow-on production, including estimated cost, period of performance, deliverables, 

delivery dates, and source of funding. 

Further, the conferees direct the Comptroller General to review the Department’s use of OTA pursuant to section 2371b of 

title 10, United States Code to determine whether the Department’s employment of this authority conforms to applicable statutes and Departmental guidelines, to include the identification of 

any potential conflicts with section 1301 of title 31, United States 

Code. As part of this review, the Comptroller General shall also report on the extent that OTAs have been utilized since fiscal year 

2016 and quantify OTA prototype agreements, including those with 


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options for follow-on production, by Service or agency, appropriation, and other characteristics, as appropriate. The Comptroller 

General shall provide the congressional defense committees the assessment not later than 180 days after the enactment of this Act. 

INDIRECT FIRE PROTECTION CAPABILITY

In support of the Indirect Fire Protection Capability (IFPC) 

program of record, the Army’s fiscal year 2019 budget includes procurement requests totaling $173,204,000 for AIM–9X interceptors, 

Multi-Mission Launcher (MML) components, and other ancillary 

costs. This request is in addition to $50,056,000 of fiscal year 2018 

funding that remains unexecuted. The request also includes 

$208,740,000 for continued research, development, test and evaluation of the current IFPC program of record, while prior year funding also remains available due to the decision not to award the 

IFPC milestone B Engineering and Manufacturing Development 

contract. 

The conferees note that following the submission of the fiscal 

year 2019 budget request, the Army initiated reviews of the existing IFPC program of record and alternate courses of action (COA) 

prior to the milestone B decision. These alternate COA include the 

development and integration of an alternate interceptor to the previously proposed AIM–9X interceptor with modifications to the 

MML, as well as the analysis of at least two other distinct weapons 

systems. The conferees further note that section 112 of the John S. 

McCain National Defense Authorization Act for Fiscal Year 2019 

directs the Army to deploy two batteries of an interim, fixed site 

cruise missile defense capability by September 30, 2020, subject to 

the availability of appropriations. 

The conference agreement supports the Army’s pursuit of this 

defensive capability; however, the conferees remain concerned that 

the current budget request does not support any change in acquisition strategy or procurement and integration of available interim 

defense capabilities and is unexecutable as requested. The conferees direct the Secretary of the Army to provide a report to the 

congressional defense committees not later than 30 days after the 

enactment of this Act that details the results of the Army’s internal 

review, revised acquisition strategy, and resulting resourcing requirements. The report shall also include an analysis and recommendations on the multiple COA under review; the supporting 

cost estimates for each COA across the future years defense program (FYDP); a program schedule for the selected COA; an analysis and recommendations for interim capabilities and proposed acquisition schedule; the proposed execution of prior year available 

balances and current IFPC resources by appropriation, budget line, 

and project across the FYDP for both the program of record and interim capabilities; and a plan to resource any identified shortfalls 

for the selected program of record COA and interim capabilities 

that will be pursued through the reprogramming of available resources and other means, as necessary. 

CLOUD COMPUTING

The conferees believe cloud computing, if implemented properly, will have far reaching benefits for improving the efficiency of 


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day-to-day operations of the Department of Defense, as well as enabling new military capabilities critical to maintaining a tactical advantage over adversaries. The conference agreement includes a 

general provision directing the Secretary of Defense to provide a 

comprehensive strategy for cloud computing and to propose a plan 

for a budget accounting system that provides greater transparency 

to evaluate the cost and progress of transitioning to a cloud computing environment. The conferees are not suggesting that the Department implement a separate, new financial management system 

for cloud computing, but urge the Secretary of Defense to adapt the 

current system to provide reliable and timely data on the budgets 

requested and funds expended to procure cloud computing services, 

and the budgets requested and funds expended to prepare and implement legacy systems for migration to the cloud environment. 

ADVANCED BATTLE MANAGEMENT SYSTEM

The conferees support the Air Force’s new approach to battle 

management, the Advanced Battle Management System (ABMS), 

but are concerned with the near-term risks in cancelling the Joint 

Surveillance Target Attack Radar System recapitalization program. 

The conferees direct the Secretary of the Air Force to submit a report to the congressional defense committees not later than 90 days 

after the enactment of this Act on a revised ABMS plan and execution strategy, updated costs and schedules of each activity within 

the ABMS plan, and a gap and threat assessment of both the 

ground moving target indicator and battle management command 

and control mission areas. 

This language replaces the language under the heading ‘‘Joint 

Surveillance Target Attack Radar System Recapitalization’’ in 

House Report 115–769 and the language under the heading ‘‘Advanced Battle Management System’’ in Senate Report 115–290. 

CIVILIAN PAY RAISE

The conference agreement includes sufficient funding to provide for a 1.9 percent pay raise for civilian employees of the Department of Defense and other agencies funded by this Act, if authorized by another provision of law. 

ARMY CORPS OF ENGINEERS RESTRUCTURING

On July 30, 2018, the Secretary of Defense approved a Secretary of the Army memorandum identifying specific actions the 

Army will take in support of the Administration’s proposed reorganization of the United States Army Corps of Engineers’ (USACE) 

Civil Works Program. The reorganization includes taking the Civil 

Works program out of the Army Corps of Engineers with navigation going to the Department of Transportation for infrastructure 

grants and the remaining accounts to the Department of the Interior. 

The conferees are opposed to the reorganization as it could ultimately have detrimental readiness and operational impacts on 

Department of Defense functions and activities, to include USACE 

support to ongoing military operations, international partners, and 

support to United States military installations around the world. 


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The conferees are extremely concerned that the Secretary of 

the Army failed to provide any notification or engage in any discussion with Members of Congress, the House and Senate Appropriations Committees, or their staff on an action of this magnitude, 

which crosses multiple jurisdictional lines and has far-reaching 

consequences. This type of proposal, as the Department is well 

aware, will require legislative language which has not been proposed or requested to date. Therefore, no funds provided in this Act 

or any previous Act shall be used by the Department or the Secretary to plan, prepare, or implement this proposal. 

TITLE I—MILITARY PERSONNEL 

The agreement provides $138,537,041,000 in Title I, Military 

Personnel, as follows: 


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SUMMARY OF MILITARY PERSONNEL END STRENGTH 

Fiscal year 2019 

Fiscal year 

2018 

authorized 

Budget 

Request House Senate Conference Change from request Change from fiscal year 2018 

Active Forces (End Strength): 

Army ........................................................................................................................................................... 483,500 487,500 487,500 485,741 487,500 – – – 4,000 Navy ........................................................................................................................................................... 327,900 335,400 335,400 331,900 335,400 – – – 7,500 Marine Corps ............................................................................................................................................. 186,000 186,100 186,100 186,100 186,100 – – – 100 Air Force .................................................................................................................................................... 325,100 329,100 329,100 325,720 329,100 – – – 4,000 

Total, Active Forces .......................................................................................................................... 1,322,500 1,338,100 1,338,100 1,329,461 1,338,100 – – – 15,600 

Guard and Reserve Forces (End Strength): 

Army Reserve ............................................................................................................................................. 199,500 199,500 199,500 199,500 199,500 – – – – – – Navy Reserve ............................................................................................................................................. 59,000 59,100 59,100 59,000 59,100 – – – 100 Marine Corps Reserve ............................................................................................................................... 38,500 38,500 38,500 38,500 38,500 – – – – – – Air Force reserve ........................................................................................................................................ 69,800 70,000 70,000 69,800 70,000 – – – 200 Army National Guard ................................................................................................................................. 343,500 343,500 343,500 343,500 343,500 – – – – – – Air National Guard .................................................................................................................................... 106,600 107,100 107,100 106,600 107,100 – – – 500 

Total, Selected Reserve ............................................................................................................................. 816,900 817,700 817,700 816,900 817,700 – – – 800 

Total, Military Personnel ................................................................................................................... 2,139,400 2,155,800 2,155,800 2,146,361 2,155,800 – – – 16,400 


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SUMMARY OF GUARD AND RESERVE FULL-TIME STRENGTH 

Fiscal year 2019 

Fiscal year 

2018 

authorized 

Budget 

Request House Senate Conference Change from request Change from fiscal year 2018 

Active Guard and Reserve: 

Army Reserve ............................................................................................................................................. 16,261 16,386 16,386 16,261 16,386 – – – 125 Navy Reserve ............................................................................................................................................. 10,101 10,110 10,110 10,101 10,110 – – – 9 Marine Corps Reserve ............................................................................................................................... 2,261 2,261 2,261 2,261 2,261 – – – – – – Air Force Reserve ....................................................................................................................................... 3,588 3,849 3,849 3,588 3,849 – – – 261 Army National Guard ................................................................................................................................. 30,155 30,595 30,595 30,155 30,595 – – – 440 Air National Guard .................................................................................................................................... 16,260 19,861 19,861 19,450 19,861 – – – 3,601 

Total, Full-Time Support ................................................................................................................... 78,626 83,062 83,062 81,816 83,062 – – – 4,436 


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MILITARY PERSONNEL OVERVIEW

The conference agreement provides the resources required for 

an additional 15,600 active forces and 800 selected reserve forces 

above fiscal year 2018 levels, as requested and authorized by current law, in order to meet operational needs for fiscal year 2019. 

The conference agreement also provides the funding necessary to 

support a 2.6 percent pay raise for all military personnel, as authorized, effective January 1, 2019. 

REPROGRAMMING GUIDANCE FOR MILITARY PERSONNEL ACCOUNTS

The Secretary of Defense is directed to submit the Base for Reprogramming (DD Form 1414) for each of the fiscal year 2019 appropriations accounts not later than 60 days after the enactment 

of this Act. The Secretary of Defense is prohibited from executing 

any reprogramming or transfer of funds for any purpose other than 

originally appropriated until the aforementioned report is submitted to the House and Senate Defense Appropriations Subcommittees. 

The Secretary of Defense is directed to use the normal prior 

approval reprogramming procedures to transfer funds in the Services’ military personnel accounts between budget activities in excess of $10,000,000. 

MILITARY PERSONNEL SPECIAL INTEREST ITEMS

Items for which additional funds have been provided or have 

been specifically reduced as shown in the project level tables or in 

paragraphs using the phrase ‘‘only for’’ or ‘‘only to’’ in the explanatory statement are congressional special interest items for the purpose of the Base for Reprogramming (DD Form 1414). Each of 

these items must be carried on the DD Form 1414 at the stated 

amount as specifically addressed in the explanatory statement. 

Below Threshold Reprogrammings may not be used to either restore or reduce funding from congressional special interest items as 

identified on the DD Form 1414. 

RESERVE OFFICER TRAINING CORPS

The conferees support Reserve Officer Training Corps (ROTC) 

programs at universities and colleges. The ROTC program provides 

necessary tools for young men and women to serve in the military. 

The House included two provisions which would ban the termination or closure of Senior ROTC or ROTC programs at Historically Black Colleges, Hispanic or Tribal Universities/Colleges. The 

Department of Defense has advised the conferees that they have 

not initiated any efforts for the past several years to terminate 

these programs and/or units. The conferees urge the Secretary of 

Defense to continue to foster these programs, especially at Historically Black Colleges, Hispanic or Tribal Universities/Colleges, to 

ensure the best and brightest remain interested in military service. 

BLENDED RETIREMENT SYSTEM

Pursuant to sections 631 through 635 of the National Defense 

Authorization Act for Fiscal Year 2016, the Department of Defense 

began modernizing the retirement system for members of the uniVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00164 Fmt 6601 Sfmt 6601 E:\HR\OC\HR952.XXX HR952

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formed services by implementing a Blended Retirement System 

(BRS) that incorporates Thrift Savings Plan (TSP) contributions, 

Continuation Pays (CP), and a reduced-rate version of the traditional defined-benefit pension. Servicemembers who enter military 

service on or after January 1, 2018 are covered automatically by 

BRS. Those who began serving prior to December 31, 2017 are 

grandfathered under the legacy retirement system, with the ability 

to opt-in to the BRS from January 1, 2018 through December 31, 

2018, if the member has less than 12 years of service in active duty 

or has accumulated less than 4,320 points for reserve members. 

For servicemembers separating from the military with fewer than 

20 years, the new system provides for retirement benefits outside 

of the standing defined-benefit pension, enabling a larger population of servicemembers to obtain retirement benefits. 

The fiscal year 2018 budget submission was the Department’s 

first opportunity to request appropriations for TSP and CP requirements. Initial estimates were consistent across the military Services based on budgeting assumptions informed by valuations of the 

military retirement system via the Department of Defense Office of 

the Actuary. Following the markup of the Department of Defense 

Appropriations Acts by the House and Senate Appropriations Committees, the Department submitted an omnibus reprogramming request identifying $1,679,947,000 in base military personnel funding 

available for realignment to higher priorities, of which the Department identified $442,475,000 as excess to need due to overestimation of BRS. In addition, another $77,000,000 was identified as 

BRS resources available for a future reprogramming action. 

The conferees understand that this new approach to military 

retirement will take the Department time to educate and enroll 

participants, gather data, formulate revised assumptions, and more 

accurately inform budget projections. However, given that the fiscal 

year 2019 budget request was formulated by applying similar BRS 

assumptions as those used in fiscal year 2018, the Department has 

revised its fiscal year 2019 BRS projection and identified an estimated $732,000,000 asset based on current actuals experienced in 

the year of execution. As such, the associated reductions have been 

distributed throughout the military personnel appropriation accounts and redistributed to title II in a general provision to mitigate higher than anticipated fuel costs. The conferees expect budgeting for the BRS will become more accurate over time. 

MILITARY PERSONNEL, ARMY

The agreement provides $42,690,042,000 for Military Personnel, Army, as follows: 


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163 


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164 


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165 

MILITARY PERSONNEL, NAVY

The agreement provides $30,164,481,000 for Military Personnel, Navy, as follows: 


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167 


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168 


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169 

MILITARY PERSONNEL, MARINE CORPS

The agreement provides $13,779,038,000 for Military Personnel, Marine Corps, as follows: 


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171 


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172 


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173 

MILITARY PERSONNEL, AIR FORCE

The agreement provides $30,074,691,000 for Military Personnel, Air Force, as follows: 


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176 


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177 

RESERVE PERSONNEL, ARMY

The agreement provides $4,836,947,000 for Reserve Personnel, 

Army, as follows: 


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179 


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180 

RESERVE PERSONNEL, NAVY

The agreement provides $2,049,021,000 for Reserve Personnel, 

Navy, as follows: 


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182 


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183 

RESERVE PERSONNEL, MARINE CORPS

The agreement provides $782,390,000 for Reserve Personnel, 

Marine Corps, as follows: 


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185 


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186 

RESERVE PERSONNEL, AIR FORCE

The agreement provides $1,860,406,000 for Reserve Personnel, 

Air Force, as follows: 


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188 


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189 

NATIONAL GUARD PERSONNEL, ARMY

The agreement provides $8,600,945,000 for National Guard 

Personnel, Army, as follows: 


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191 


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192 

NATIONAL GUARD PERSONNEL, AIR FORCE

The agreement provides $3,699,080,000 for National Guard 

Personnel, Air Force, as follows: 


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194 


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195 

TITLE II—OPERATION AND MAINTENANCE 

The agreement provides $193,682,875,000 in Title II, Operation and Maintenance, as follows: 


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REPROGRAMMING GUIDANCE FOR OPERATION AND MAINTENANCE

ACCOUNTS

The Secretary of Defense is directed to submit the Base for Reprogramming (DD Form 1414) for each of the fiscal year 2019 appropriation accounts not later than 60 days after the enactment of 

this Act. The Secretary of Defense is prohibited from executing any 

reprogramming or transfer of funds for any purpose other than 

originally appropriated until the aforementioned report is submitted to the House and Senate Defense Appropriations Subcommittees. 

The Secretary of Defense is directed to use the normal prior 

approval reprogramming procedures to transfer funds in the Services’ operation and maintenance accounts between O–1 budget activities, or between sub-activity groups in the case of Operation and 

Maintenance, Defense-Wide, in excess of $15,000,000. In addition, 

the Secretary of Defense shall follow prior approval reprogramming 

procedures for transfers in excess of $15,000,000 out of the following readiness sub-activity groups: 

Army: 

Maneuver units 

Modular support brigades 

Land forces operations support 

Aviation assets 

Force readiness operations support 

Land forces depot maintenance 

Base operations support 

Facilities sustainment, restoration, and modernization 

Specialized skill training 

Navy: 

Mission and other flight operations 

Fleet air training 

Aircraft depot maintenance 

Mission and other ship operations 

Ship depot maintenance 

Facilities sustainment, restoration, and modernization 

Marine Corps: 

Operational forces 

Field logistics 

Depot maintenance 

Facilities sustainment, restoration, and modernization 

Air Force: 

Primary combat forces 

Combat enhancement forces 

Depot purchase equipment maintenance 

Facilities sustainment, restoration, and modernization 

Contractor logistics support and system support 

Flying hour program 


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Air Force Reserve: 

Primary combat forces 

Air National Guard: 

Aircraft operations 

Additionally, the Secretary of Defense is directed to use normal 

prior approval reprogramming procedures when implementing 

transfers in excess of $15,000,000 into the following budget sub-activities: 

Operation and Maintenance, Army: 

Recruiting and advertising 

Operation and Maintenance, Army National Guard: 

Other personnel support/recruiting and advertising 

OPERATION AND MAINTENANCE SPECIAL INTEREST ITEMS

Items for which additional funds have been provided or have 

been specifically reduced as shown in the project level tables or in 

paragraphs using the phrase ‘‘only for’’ or ‘‘only to’’ in the explanatory statement are congressional special interest items for the purpose of the Base for Reprogramming (DD Form 1414). Each of 

these items must be carried on the DD Form 1414 at the stated 

amount as specifically addressed in the explanatory statement. 

Below Threshold Reprogrammings may not be used to either restore or reduce funding from congressional special interest items as 

identified on the DD Form 1414. 

REPROGRAMMING GUIDANCE FOR SPECIAL OPERATIONS COMMAND

The Secretary of Defense is directed to submit a baseline report that shows the Special Operations Command’s operation and 

maintenance funding by sub-activity group for the fiscal year 2019 

appropriation not later than 60 days after the enactment of this 

Act. The Secretary of Defense is further directed to submit quarterly execution reports to the congressional defense committees not 

later than 45 days after the end of each fiscal quarter that addresses the rationale for the realignment of any funds within and between budget sub-activities and the movement of any base funds 

used to support overseas contingency operations. Finally, the Secretary of Defense is directed to notify the congressional defense 

committees 30 days prior to the realignment of funds in excess of 

$15,000,000 between sub-activity groups. 

ADVERTISING SPENDING TO SMALL AND DISADVANTAGED BUSINESSES

The conferees direct the Secretary of Defense to submit a report to the congressional defense committees not later than 90 days 

after the enactment of this Act which estimates the portion of the 

Department of Defense advertising budget that is spent on advertising and public relations contracts with socially and economically 

disadvantaged small businesses and women, low-income veteran, 

and minority entrepreneurs and business owners at the prime and 

subcontracting levels. 


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ENVIRONMENTAL RESTORATION FUNDING

The conference agreement provides the maximum executable 

level of funding for the Services to address costs associated with remediating contamination caused by perfluorinated chemicals, as 

well as additional funding to address other high-priority environmental restoration projects across the Department. 

LEAD IN MILITARY PRIVATIZED HOUSING

Section 8132 of the Senate-passed Defense Appropriations bill 

directs the Comptroller General, in consultation with the Secretary 

of Defense and the Service Secretaries, to provide a report on the 

monitoring compliance and remediation of lead in military housing. 

The conferees are concerned that servicemembers and their families residing in on-post military housing may have been exposed to 

toxic levels of lead based paint. The conferees understand that military installations around the country possess housing units containing lead based paint levels exceeding the federal threshold for 

acceptable levels, which could have negative health implications for 

servicemembers and their families. The conferees direct the Comptroller General to conduct an investigation and submit a report to 

the congressional defense committees on toxic lead levels at military housing on all installations not later than 120 days after the 

enactment of this Act. 

OPERATION AND MAINTENANCE, ARMY

The agreement provides $40,145,482,000 for Operation and 

Maintenance, Army, as follows: 


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201 


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202 


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203 


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204 


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205 

MORALE, WELFARE, AND RECREATION

The conferees encourage the Secretary of the Army to provide 

sufficient resources at Morale, Welfare, and Recreation facilities 

that have been closed as a result of flooding, an earthquake, a wildfire, or a volcanic event in 2018. This includes facilities that have 

furloughed or put employees on administrative leave as well as 

those that have used revenue or operating reserves to pay operation and maintenance expenses. 

OPERATION AND MAINTENANCE, NAVY

The agreement provides $48,034,826,000 for Operation and 

Maintenance, Navy, as follows: 


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208 


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209 


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210 


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211 


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212 

OPERATION AND MAINTENANCE, MARINE CORPS

The agreement provides $6,540,049,000 for Operation and 

Maintenance, Marine Corps, as follows: 


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214 


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215 


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216 

OPERATION AND MAINTENANCE, AIR FORCE

The agreement provides $40,379,184,000 for Operation and 

Maintenance, Air Force, as follows: 


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218 


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219 


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220 


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221 


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222 

E–8C MAINTENANCE

The conferees direct the Comptroller General to submit a report to the congressional defense committees not later than January 31, 2019 on E–8C Joint Surveillance Target Attack Radar System (JSTARS) maintenance. The report shall compare the cost expenditures of organic industrial depot maintenance of the E–8C 

JSTARS fleet versus contracted or non-organic maintenance and 

the cost variance and cost savings of different programmed depot 

maintenance cycles or procedures for the E-8C fleet, including comparisons to such other platforms as the Comptroller General considers appropriate. 

REPUBLIC OF PALAU

The conference agreement provides $9,700,000 to reimburse 

the Republic of Palau for land acquisition costs to enable the installation of critical defense assets. The conferees note that this onetime investment will provide a measurable advantage in United 

States strategic posture. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

The agreement provides $35,613,354,000 for Operation and 

Maintenance, Defense-Wide, as follows: 


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224 


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225 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/459 here 31484.048
226 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/460 here 31484.049
227 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/461 here 31484.050
228 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/462 here 31484.051
229 

SECURITY ASSISTANCE PROGRAMS

The conferees recognize and appreciate the efforts made in the 

National Defense Authorization Act for Fiscal Year 2017 and the 

John S. McCain National Defense Authorization Act for Fiscal Year 

2019 to reform several programs that provide security assistance to 

international partners. Changes have touched on several Department of Defense programs, including the Coalition Support Fund, 

border security programs, and building partner capacity/security 

cooperation programs. 

While largely supportive of these efforts, the conferees are concerned that confusion exists, within the Department of Defense and 

among recipient countries, about the remaining disparate and stillchanging authorities. The conferees are also concerned with the 

lack of stability, transparency, and fungibility of funds appropriated for security assistance activities and believe that changes 

may be needed in various appropriations to ensure that appropriate levels of funding are provided for each newly authorized or 

modified program. 

Therefore, the conferees direct the Secretary of Defense to conduct a review of security assistance programs, including, but not 

limited to, security cooperation programs authorized in Section 333 

of the National Defense Authorization Act for Fiscal Year 2017, 

border security assistance programs authorized by Section 1226 of 

the National Defense Authorization Act for Fiscal Year 2016 as 

modified, and the Coalition Support Fund authorized by Section 

1223 of the National Defense Authorization Act for Fiscal Year 

2008 as modified. The review should include a survey of Department of Defense security assistance requirements of each combatant command and a study of whether existing authorities are sufficient to meet the security assistance needs of the Department of 

Defense, including whether funding limitations inhibit security assistance requirements. 

The conferees direct that the results of the review be submitted to Congress with the fiscal year 2020 budget request submission, and include proposals for any needed modifications to security assistance authorities and appropriations funding levels or 

language. 

The conferees further direct the Director of the Defense Security Cooperation Agency, in conjunction with the geographic combatant commanders, to provide a spend plan for fiscal year 2019, 

by combatant command, for security assistance funding to the congressional defense committees not later than 30 days after the enactment of this Act. The spend plan should be provided in a form 

that compares the plans for both the base and overseas contingency 

operations requests and provides an annual comparison for the preceding five years. A similar plan shall be provided outlining fiscal 

year 2020 requirements concurrent with the submission of the fiscal year 2020 budget request. 

BACKGROUND INVESTIGATIONS

The Administration has announced plans to wholly transfer 

the National Background Investigations Bureau (NBIB) to the Department of Defense. The conferees expect the Department of DeVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00233 Fmt 6601 Sfmt 6601 E:\HR\OC\HR952.XXX HR952

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230 

fense will use the existing NBIB skilled workforce as part of the 

plan to maintain continuity and to support a successful transition 

of services. The conferees recognize the importance of this workforce in reducing the backlog of investigations and in establishing 

new processes for streamlining the current system. 

DEFENSE SECURITY SERVICE

The Defense Security Service (DSS) is preparing to accept responsibility for all civilian and defense agency background investigations. The conferees note with concern that DSS provided multiple and amended budget documents during the fiscal year 2019 

budget cycle, which indicate changing plans and corresponding 

budget requirements. The conferees expect that DSS will improve 

its resource planning to ensure future budget requests support a 

consistent strategy. The conferees direct the Director of DSS to provide quarterly execution briefings to the congressional defense committees on activities related to background investigations during 

fiscal year 2019. 

COMMEMORATING THE ANNIVERSARY OF THE END OF WORLD WAR II

The United States will celebrate the occasion of the seventyfifth anniversary of the end of World War II in 2020. In order to 

honor the nation’s veterans, educate the public, and recognize the 

contributions of the home front and allies during the war, the conferees urge the Secretary of Defense to evaluate ways in which the 

Department can support the commemoration, to include providing 

resources for related activities. 

CYBERSPACE SOLARIUM COMMISSION

Section 1652 of the John S. McCain National Defense Act for 

Fiscal Year 2019 establishes the Cyberspace Solarium Commission 

to develop a consensus on a strategic approach to defending the 

United States in cyberspace against cyber attacks of significant 

consequences. The conferees encourage the Secretary of Defense to 

provide the resources necessary to support this effort. 

OPERATION AND MAINTENANCE, ARMY RESERVE

The agreement provides $2,781,402,000 for Operation and 

Maintenance, Army Reserve, as follows: 


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231 


dlhill on DSK3GLQ082PROD with HEARINGInsert graphic folio 778/467 here 31484.052
232 


dlhill on DSK3GLQ082PROD with HEARINGInsert graphic folio 778/468 here 31484.053
233 

OPERATION AND MAINTENANCE, NAVY RESERVE

The agreement provides $1,018,006,000 for Operation and 

Maintenance, Navy Reserve, as follows: 


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234 


dlhill on DSK3GLQ082PROD with HEARINGInsert graphic folio 778/470 here 31484.054
235 


dlhill on DSK3GLQ082PROD with HEARINGInsert graphic folio 778/471 here 31484.055
236 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

The agreement provides $271,570,000 for Operation and Maintenance, Marine Corps Reserve, as follows: 


dlhill on DSK3GLQ082PROD with HEARING
237 


dlhill on DSK3GLQ082PROD with HEARINGInsert graphic folio 778/473 here 31484.056
238 


dlhill on DSK3GLQ082PROD with HEARINGInsert graphic folio 778/474 here 31484.057
239 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

The agreement provides $3,191,734,000 for Operation and 

Maintenance, Air Force Reserve, as follows: 


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240 


dlhill on DSK3GLQ082PROD with HEARINGInsert graphic folio 778/476 here 31484.058
241 


dlhill on DSK3GLQ082PROD with HEARINGInsert graphic folio 778/477 here 31484.059
242 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

The agreement provides $7,118,831,000 for Operation and 

Maintenance, Army National Guard, as follows: 


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243 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/479 here 31484.060
244 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/480 here 31484.061
245 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

The agreement provides $6,420,697,000 for Operation and 

Maintenance, Air National Guard, as follows: 


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246 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/482 here 31484.062
247 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/483 here 31484.063
248 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

The agreement provides $14,662,000 for the United States 

Court of Appeals for the Armed Forces. 

ENVIRONMENTAL RESTORATION, ARMY

The agreement provides $235,809,000, an increase of 

$32,360,000 above the budget request, for Environmental Restoration, Army. Specifically, $7,360,000 is provided as a general program increase and $25,000,000 is provided to address costs associated with remediating contamination caused by perfluorinated 

chemicals. 

ENVIRONMENTAL RESTORATION, NAVY

The agreement provides $365,883,000, an increase of 

$36,630,000 above the budget request, for Environmental Restoration, Navy. Specifically, $7,500,000 is provided as a general program increase and $29,130,000 is provided to address costs associated with remediating contamination, including activities related to 

contamination caused by perfluorinated chemicals. 

ENVIRONMENTAL RESTORATION, AIR FORCE

The agreement provides $365,808,000, an increase of 

$69,000,000 above the budget request, for Environmental Restoration, Air Force. An increase of $80,000,000 is provided to address 

costs associated with remediating contamination caused by 

perfluorinated chemicals. The adjustment also includes a transfer 

of $11,000,000 to Operation and Maintenance, Air National Guard 

for execution. 

ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

The agreement provides $19,002,000, an increase of 

$10,076,000 above the budget request, for Environmental Restoration, Defense-Wide. 

ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES

The agreement provides $248,673,000, an increase of 

$36,327,000 above the budget request, for Environmental Restoration, Formerly Used Defense Sites. 

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

The agreement provides $117,663,000, an increase of 

$10,000,000 above the budget request, for Overseas Humanitarian, 

Disaster, and Civic Aid. Specifically, $10,000,000 is provided as a 

program increase for the Humanitarian Mine Action Program, of 

which $7,000,000 is for activities in Southeast Asia. 

COOPERATIVE THREAT REDUCTION ACCOUNT

The agreement provides $350,240,000 for the Cooperative 

Threat Reduction Account, as follows: 


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249 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget Request House Senate Conference 

Strategic Offensive Arms Elimination ........................................................... 2,823 2,823 2,823 2,823 

Chemical Weapons Destruction ..................................................................... 5,446 5,446 5,446 5,446 

Global Nuclear Security ................................................................................. 29,001 44,001 29,001 44,001 

Program increase—Global Nuclear Security ........................................ ................ 15,000 ................ 15,000 

Cooperative Biological Engagement .............................................................. 197,585 197,585 197,585 197,585 

Proliferation Prevention .................................................................................. 74,937 74,937 74,937 74,937 

Other Assessments/Admin Costs ................................................................... 25,448 25,448 25,448 25,448 

TOTAL, COOPERATIVE THREAT REDUCTION ACCOUNT ................. 335,240 350,240 335,240 350,240 

DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT

FUND

The agreement provides $450,000,000 for the Department of 

Defense Acquisition Workforce Development Fund, as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget Request House Senate Conference 

TRAINING AND DEVELOPMENT ........................................................................ 230,600 230,600 326,700 262,212

Program increase—unfunded requirement .......................................... ................ ................ 96,100 31,612 

RETENTION AND RECOGNITION ...................................................................... 16,200 16,200 25,700 19,325 

Program increase—unfunded requirement .......................................... ................ ................ 9,500 3,125 

RECRUITING AND HIRING ............................................................................... 153,200 153,200 199,600 168,463 

Program increase—unfunded requirement .......................................... ................ ................ 46,400 15,263 

UNDISTRIBUTED REDUCTION .......................................................................... ................ ¥2,100 ................ ................

TOTAL, DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE 

DEVELOPMENT FUND ............................................................... 400,000 397,900 552,000 450,000 

DEFENSE ACQUISITION WORKFORCE DEVELOPMENT FUND REPORTING

REQUIREMENTS

The conferees reaffirm the reporting requirements pertaining 

to the Department of Defense Acquisition Workforce Development 

Fund, as specified in Senate Report 115–290 and further direct the 

Under Secretary of Defense (Acquisition and Sustainment) to submit, with the fiscal year 2020 budget request, any unfunded requirements for the Department of Defense acquisition workforce, if 

applicable. 

TITLE III—PROCUREMENT 

The agreement provides $135,362,619,000 in Title III, Procurement, as follows: 


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250 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/489 here 31484.064
251 

REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS

The Secretary of Defense is directed to continue to follow the 

reprogramming guidance as specified in the report accompanying 

the House version of the Department of Defense Appropriations bill 

for Fiscal Year 2008 (House Report 110–279). Specifically, the dollar threshold for reprogramming funds shall remain at $20,000,000 

for procurement and $10,000,000 for research, development, test 

and evaluation. 

Also, the Under Secretary of Defense (Comptroller) is directed 

to continue to provide the congressional defense committees quarterly, spreadsheet-based DD Form 1416 reports for Service and defense-wide accounts in titles III and IV of this Act. Reports for titles III and IV shall comply with the guidance specified in the explanatory statement accompanying the Department of Defense Appropriations Act, 2006. The Department shall continue to follow the 

limitation that prior approval reprogrammings are set at either the 

specified dollar threshold or 20 percent of the procurement or research, development, test and evaluation line, whichever is less. 

These thresholds are cumulative from the base for reprogramming 

value as modified by any adjustments. Therefore, if the combined 

value of transfers into or out of a procurement (P–1) or research, 

development, test and evaluation (R–1) line exceeds the identified 

threshold, the Secretary of Defense must submit a prior approval 

reprogramming to the congressional defense committees. In addition, guidelines on the application of prior approval reprogramming 

procedures for congressional special interest items are established 

elsewhere in this statement. 

FUNDING INCREASES

The funding increases outlined in these tables shall be provided only for the specific purposes indicated in the tables. 

PROCUREMENT SPECIAL INTEREST ITEMS

Items for which additional funds have been provided as shown 

in the project level tables or in paragraphs using the phrase ‘‘only 

for’’ or ‘‘only to’’ in the explanatory statement are congressional 

special interest items for the purpose of the Base for Reprogramming (DD Form 1414). Each of these items must be carried on the 

DD Form 1414 at the stated amount as specifically addressed in 

the explanatory statement. 

AIRCRAFT PROCUREMENT, ARMY

The agreement provides $4,299,566,000 for Aircraft Procurement, Army, as follows: 


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252 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/493 here 31484.065
253 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/494 here 31484.066
254 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/495 here 31484.067
255 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/496 here 31484.068
256 

MISSILE PROCUREMENT, ARMY

The agreement provides $3,145,256,000 for Missile Procurement, Army, as follows: 


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257 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/498 here 31484.069
258 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/499 here 31484.070
259 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/500 here 31484.071
260 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY

The agreement provides $4,486,402,000 for Procurement of 

Weapons and Tracked Combat Vehicles, Army, as follows: 


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261 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/502 here 31484.072
262 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/503 here 31484.073
263 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/504 here 31484.074
264 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/505 here 31484.075
265 

STRYKER DOUBLE-V HULL

Following the submission of the fiscal year 2019 budget request, the Chief of Staff of the Army approved an Army Requirements Oversight Counsel (AROC) decision to upgrade and pure 

fleet all Flat-Bottom Hull (FBH) Stryker combat vehicles to the 

Double V-Hull A1 variant (DVHA1) in an effort to improve troop 

survivability and mobility. The Army’s fiscal year 2019 budget request includes $21,900,000 to upgrade three FBH Stryker vehicles 

to DVHA1 variants. Subsequent to the AROC decision, the Army 

requested a funding transfer of $149,390,000 to fund additional 

conversions. With the transfer, the Army can resource 53 DVHA1 

conversions totaling $171,290,000. The conferees have also included 

a congressional adjustment of $94,000,000 for 29 additional conversions. 

The conferees note that there is a fiscal year 2018 reprogramming request to repurpose $285,000,000 of congressionally directed 

funding for 91 DVHA1 conversions. If the reprogramming action is 

approved by the congressional defense committees, the Army will 

have sufficient resources to fund conversions for half the vehicles 

in a Stryker Brigade Combat Team (SBCT), which is the Army’s 

optimal rate of modernization. 

The conferees support the net-zero fiscal year 2019 transfer request, reprogramming action, and additional funding for DVHA1 

conversions. However, the conferees are concerned that the Army 

decision on Stryker modifications are not being synchronized with 

the budget cycle, are currently under-resourced, and have been 

subject to sudden change. The conferees direct the Secretary of the 

Army to submit a report outlining the revised acquisition strategy 

for Stryker vehicles, to include a resourcing strategy for funding 

Stryker DVHA1 conversion at a rate of one-half of a SBCT per 

year, an explanation of Stryker lethality requirements, an acquisition and resourcing strategy for fielding required lethality modifications, and an explanation and cost estimate for any validated requirements for Stryker modifications. This report shall be submitted to the congressional defense committees not later than 90 

days after the enactment of this Act. 

This language replaces the language under the heading 

‘‘Stryker’’ in House Report 115–769 and under the heading ‘‘Army 

Stryker Double-V Hull A1’’ in Senate Report 115–290. 

PROCUREMENT OF AMMUNITION, ARMY

The agreement provides $2,276,330,000 for Procurement of 

Ammunition, Army, as follows: 


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266 


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267 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/510 here 31484.077
268 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/511 here 31484.078
269 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/512 here 31484.079
270 

OTHER PROCUREMENT, ARMY

The agreement provides $7,844,691,000 for Other Procurement, Army, as follows: 


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271 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/514 here 31484.080
272 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/515 here 31484.081
273 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/516 here 31484.082
274 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/517 here 31484.083
275 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/518 here 31484.084
276 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/519 here 31484.085
277 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/520 here 31484.086
278 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/521 here 31484.087
279 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/522 here 31484.088
280 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/523 here 31484.089
281 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/524 here 31484.090
282 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/525 here 31484.091
283 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/526 here 31484.092
284 

AIRCRAFT PROCUREMENT, NAVY

The agreement provides $20,092,199,000 for Aircraft Procurement, Navy, as follows: 


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285 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/528 here 31484.093
286 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/529 here 31484.094
287 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/530 here 31484.095
288 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/531 here 31484.096
289 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/532 here 31484.097
290 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/533 here 31484.098
291 

WEAPONS PROCUREMENT, NAVY

The agreement provides $3,711,576,000 for Weapons Procurement, Navy, as follows: 


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292 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/535 here 31484.099
293 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/536 here 31484.100
294 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/537 here 31484.101
295 


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296 

TOMAHAWK PRODUCTION AND NEXT GENERATION LAND ATTACK

WEAPON

The conferees are concerned by the Navy’s management of the 

Tomahawk missile program. In the previous two fiscal years, the 

Congress has added funding above the budget requests for the 

Tomahawk program due to the fact that the Navy has requested 

fewer missiles than necessary to maintain a minimum sustainment 

rate of production while missiles have continued to be expended in 

the Central Command area of operations. The Department of Defense Appropriations Act, 2018, provided $102,000,000 above the 

request to procure additional munitions pursuant to the Navy’s fiscal year 2018 enhancement request following enactment of the Bipartisan Budget Act of 2018. However, despite the request by the 

Navy and the direction by the Congress to procure additional munitions, the Navy has proposed to repurpose the congressionally provided funding for various activities, negating congressional intent. 

Therefore, the agreement includes a rescission of $115,657,000 of 

fiscal year 2018 funds from the Tomahawk program. 

The fiscal year 2019 budget request for Tomahawk does not include funding for new production of all up rounds, reflecting the 

Navy’s strategy to transition from new production to recertification 

and modernization activities. The conferees direct the Secretary of 

the Navy to conduct a full review of the Tomahawk program including the current inventory requirement and stockpiled levels of 

munitions; an analysis of the viability of new production in fiscal 

year 2020; an analysis of the capacity for concurrent new production and recertification activities within existing facilities; revised 

cost and schedule projections for modification and recertification 

activities, to include alternatives with and without concurrent new 

production; a detailed review of the execution of the fiscal year 

2017 and 2018 new production congressional adds; an analysis of 

surface and sub-surface launched land attack weapons inventory 

and requirements projections through the Next Generation Land 

Attack Weapon initial operational capability date, to include other 

weapons systems that may provide an interim capability. The Secretary of the Navy shall provide a report detailing the results of 

the review to the congressional defense committees not later than 

90 days after the enactment of this Act. 

Additionally, the reporting requirements related to the Long 

Range Anti-Ship Missile included under the heading ‘‘Next Generation Land Attack Weapon (NGLAW) and Interim Capabilities’’ in 

Senate Report 115–290 are still valid. 

This language replaces the language under the heading ‘‘Tomahawk Production’’ in House Report 115–769 and under the heading 

‘‘Next Generation Land Attack Weapon (NGLAW) and Interim Capabilities’’ in Senate Report 115–290. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

The agreement provides $952,682,000 for Procurement of Ammunition, Navy and Marine Corps, as follows: 


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297 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/542 here 31484.103
298 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/543 here 31484.104
299 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/544 here 31484.105
300 

SHIPBUILDING AND CONVERSION, NAVY

The agreement provides $24,150,087,000 for Shipbuilding and 

Conversion, Navy, as follows: 


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301 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/546 here 31484.106
302 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/547 here 31484.107
303 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/548 here 31484.108
304 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/549 here 31484.109
305 

FORD CLASS AIRCRAFT CARRIER PROCUREMENT

The conferees include a proviso consistent with section 121 of 

the John S. McCain National Defense Authorization Act for Fiscal 

Year 2019, which allows the Secretary of the Navy to potentially 

use fiscal year 2019 funds to enter into a contract for an aircraft 

carrier designated CVN–81 if certain requirements are met by the 

Secretary of Defense. 

However, the conferees note that the congressional defense 

committees have not received information justifying the validity of 

a proposed ‘‘two carrier block buy,’’ including an Independent Cost 

Estimate, an analysis of the impact on other Navy shipbuilding 

programs, an updated future years defense program, or an extended planning range budget. 

This language replaces the language under the heading ‘‘CVN 

80’’ in Senate Report 115–290. 

OTHER PROCUREMENT, NAVY

The agreement provides $9,097,138,000 for Other Procurement, Navy, as follows: 


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306 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/552 here 31484.110
307 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/553 here 31484.111
308 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/554 here 31484.112
309 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/555 here 31484.113
310 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/556 here 31484.114
311 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/557 here 31484.115
312 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/558 here 31484.116
313 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/559 here 31484.117
314 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/560 here 31484.118
315 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/561 here 31484.119
316 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/562 here 31484.120
317 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/563 here 31484.121
318 

PROCUREMENT, MARINE CORPS

The agreement provides $2,719,870,000 for Procurement, Marine Corps, as follows: 


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319 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/565 here 31484.122
320 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/566 here 31484.123
321 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/567 here 31484.124
322 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/568 here 31484.125
323 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/569 here 31484.126
324 

AIRCRAFT PROCUREMENT, AIR FORCE

The agreement provides $17,112,337,000 for Aircraft Procurement, Air Force, as follows: 


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325 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/571 here 31484.127
326 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/572 here 31484.128
327 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/573 here 31484.129
328 


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329 


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330 


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331 


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332 


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333 

C–135B

The conference agreement provides $146,374,000 for C–135B, 

including $125,000,000 for the procurement of the first of two aircraft and $21,374,000 for the integration of mission equipment, 

which is provided under Research, Development, Test and Evaluation, Air Force. The conferees understand that the Air Force intends to procure the C–135B through a full and open competition. 

The conferees direct the Secretary of the Air Force to submit, not 

fewer than 30 days prior to the obligation of these funds, a report 

to the congressional defense committees that details the finalized 

acquisition strategy, an updated schedule and cost estimate pursuant to that strategy, the approved requirements, an estimated 

timeline for the certification of the new aircraft under the Open 

Skies Treaty, and a plan for the transition of the mission to the 

new aircraft and the disposition of the current OC–135 aircraft and 

its mission equipment. This language replaces the language under 

the heading ‘‘C–135B’’ in House Report 115–769 and under the 

heading ‘‘C–135B Aircraft’’ in Senate Report 115–290. 

BATTLEFIELD AIRBORNE COMMUNICATION NODE

The conference agreement provides $100,000,000 for the Battlefield Airborne Communication Node (BACN) mission under RQ– 

4 modifications. The conferees direct the Secretary of the Air Force 

to provide a report to the congressional defense committees not 

later than 90 days after the enactment of this Act on the updated 

BACN requirement and an execution plan for the additional funds 

provided in this Act. This language replaces the language under 

the same heading in House Report 115–769. 

MISSILE PROCUREMENT, AIR FORCE

The agreement provides $2,585,004,000 for Missile Procurement, Air Force, as follows: 


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334 


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335 


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336 

SPACE PROCUREMENT, AIR FORCE

The agreement provides $2,343,642,000 for Space Procurement, 

Air Force, as follows: 


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337 


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338 


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339 

WIDEBAND GAPFILLER SATELLITES

The Department of Defense Appropriations Act, 2018 included 

$600,000,000 above the budget request for two additional Wideband Gapfiller Satellites (WGS). The conferees direct the Secretary 

of the Air Force to procure two WGS satellites and provide a funding plan for launch and operation and maintenance activities to the 

congressional defense committees not later than 90 days after the 

enactment of this Act. 

PROCUREMENT OF AMMUNITION, AIR FORCE

The agreement provides $1,485,856,000 for Procurement of 

Ammunition, Air Force, as follows: 


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341 


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342 

OTHER PROCUREMENT, AIR FORCE

The agreement provides $20,884,225,000 for Other Procurement, Air Force, as follows: 


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343 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/591 here 31484.141
344 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/592 here 31484.142
345 


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346 


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347 


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348 


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349 

PROCUREMENT, DEFENSE-WIDE

The agreement provides $6,822,180,000 for Procurement, Defense-Wide, as follows: 


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351 


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352 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/600 here 31484.149
353 


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354 


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355 

NATIONAL GUARD AND RESERVE EQUIPMENT

The conference agreement provides $1,300,000,000 for National 

Guard and Reserve Equipment. Of that amount $421,000,000 is 

designated for the Army National Guard; $421,000,000 for the Air 

National Guard; $180,000,000 for the Army Reserve; $65,000,000 

for the Navy Reserve; $13,000,000 for the Marine Corps Reserve; 

and $200,000,000 for the Air Force Reserve. 

This funding will allow the reserve components to procure high 

priority equipment that may be used for combat and domestic response missions. Current reserve component equipping levels are 

among the highest in recent history, and the funding provided by 

the agreement will help ensure component interoperability and 

sustained reserve component modernization. 

The conferees direct the Secretary of Defense to ensure that 

the account be executed by the Chiefs of the National Guard and 

reserve components with priority consideration given to the following items: acoustic hailing devices; active electronically scanned 

array radars; arctic sustainment packages; cold weather and mountaineering gear and equipment; commercial off-the-shelf training 

systems and simulation devices; crashworthy, ballistically tolerant 

auxiliary fuel systems for ground and air; digital radar warning receivers for F–16s; fifth generation certified wireless mobile mesh 

self-healing tamper-proof network systems; HMMWV rollover mitigation; joint threat emitters; modular small arms ranges and simulation; MQ–9 deployable launch and recovery element mission 

support kits; personal dosimeters; radiac sets; secure voice, text, 

and data communications for joint response and operations; sense 

and avoid systems; small unit support vehicles; and unstabilized 

gunnery trainers and upgrades. 

DEFENSE PRODUCTION ACT PURCHASES

The agreement provides $53,578,000 for Defense Production 

Act Purchases, as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget 

Request House Senate Conference 

DEFENSE PRODUCTION ACT PURCHASES ....................................... 38,578 68,578 38,578 53,578 

Program increase .................................................................. 30,000 15,000 

TOTAL, DEFENSE PRODUCTION ACT PURCHASES ......... 38,578 68,578 38,578 53,578 

DEFENSE PRODUCTION ACT

The conferees are concerned with the management of the Defense Production Act (DPA) and direct the Secretary of Defense to 

provide a report to the congressional defense committees not later 

than 30 days after the enactment of this Act on the management 

of the DPA, to include an update on the plan to accelerate the execution of funds, the status of each project being executed or 

planned to be executed by the DPA Executive Agent or another 

executing agent, and explanations on the differences between the 


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356 

projects in the budget request and subsequent funding profiles provided during the year of execution. 

JOINT URGENT OPERATIONAL NEEDS FUND

The agreement does not recommend funding for the Joint Urgent Operational Needs Fund. 

TITLE IV—RESEARCH, DEVELOPMENT, TEST AND 

EVALUATION 

The agreement provides $94,896,708,000 in Title IV, Research, 

Development, Test and Evaluation, as follows: 


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357 


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358 

REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS

The Secretary of Defense is directed to continue to follow the 

reprogramming guidance as specified in the report accompanying 

the House version of the Department of Defense Appropriations bill 

for Fiscal Year 2008 (House Report 110–279). Specifically, the dollar threshold for reprogramming funds shall remain at $20,000,000 

for procurement and $10,000,000 for research, development, test 

and evaluation. 

Also, the Under Secretary of Defense (Comptroller) is directed 

to continue to provide the congressional defense committees quarterly, spreadsheet-based DD Form 1416 reports for Service and defense-wide accounts in titles III and IV of this Act. Reports for titles III and IV shall comply with the guidance specified in the explanatory statement accompanying the Department of Defense Appropriations Act, 2006. The Department shall continue to follow the 

limitation that prior approval reprogrammings are set at either the 

specified dollar threshold or 20 percent of the procurement or research, development, test and evaluation line, whichever is less. 

These thresholds are cumulative from the base for reprogramming 

value as modified by any adjustments. Therefore, if the combined 

value of transfers into or out of a procurement (P–1) or research, 

development, test and evaluation (R–1) line exceeds the identified 

threshold, the Secretary of Defense must submit a prior approval 

reprogramming to the congressional defense committees. In addition, guidelines on the application of prior approval reprogramming 

procedures for congressional special interest items are established 

elsewhere in this statement. 

FUNDING INCREASES

The funding increases outlined in these tables shall be provided only for the specific purposes indicated in the tables. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION SPECIAL INTEREST

ITEMS

Items for which additional funds have been provided as shown 

in the project level tables or in paragraphs using the phrase ‘‘only 

for’’ or ‘‘only to’’ in the explanatory statement are congressional 

special interest items for the purpose of the Base for Reprogramming (DD Form 1414). Each of these items must be carried on the 

DD Form 1414 at the stated amount as specifically addressed in 

the explanatory statement. 

BLAST EXPOSURE RESEARCH

The conferees understand that further research is necessary 

regarding blast exposure on the cellular level of the brain in order 

to develop blast protection requirements for helmets and other personal protective equipment. The conferees encourage the Secretary 

of Defense to increase efforts to develop a predictive traumatic 

brain injury model for blast. Such research may help reveal the cellular response to blast impulses and the interaction of the human 

brain and protective equipment related to blast exposure. 


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359 

DEPARTMENT OF DEFENSE TEST AND EVALUATION INFRASTRUCTURE

The 2018 National Defense Strategy addresses the increasingly 

complex global threat environment driven in part by rapid technological advancements. The fiscal year 2019 budget request proposes 

investments in several programs that support a more capable and 

lethal force to prepare for this threat environment, including directed energy, hypersonics, advanced computing, big data analytics, 

artificial intelligence, autonomy, and robotics programs. 

The conferees believe that concurrent with investments in 

leap-ahead technological advancements, an investment in the Department of Defense test and evaluation infrastructure is required 

to increase testing range space and availability and to ensure continued independent and objective assessments of weapon system 

capabilities. Therefore, after consultation with the Under Secretary 

of Defense (Research and Engineering) and the Director, Operational Test and Evaluation, the conferees recommend increases for 

the Air Force, and Office of the Director, Operational Test and 

Evaluation to modernize the Department of Defense test and evaluation infrastructure in areas such as hypersonics, directed energy, 

augmented intelligence, machine learning, robotics, and cyberspace. 

The conferees direct the Under Secretary of Defense (Research 

and Engineering), in conjunction with the Director, Operational 

Test and Evaluation, and the Secretaries of the Army, Navy, and 

Air Force, to conduct an in-depth assessment of the Department of 

Defense test and evaluation infrastructure and to identify improvements required to address future warfighting capabilities. The assessment shall be provided to the congressional defense committees 

not later than with the submission of the fiscal year 2020 budget 

request and shall include proposed coordinated investments by 

warfighting area in priority order and with associated cost estimates. 

F–35 JOINT STRIKE FIGHTER DEVELOPMENTAL TEST FLEET

The conferees agree to modify a provision proposed by the 

House allowing the Secretary of Defense to use funds appropriated 

in this Act for F–35 procurement and research, development, test 

and evaluation to modify up to six aircraft, including two aircraft 

of each variant, to a test configuration. The conferees understand 

that the cost of modifying each aircraft is approximately 

$5,000,000. The conferees direct the Secretary of Defense, with the 

concurrence of the Secretary of the Air Force and the Secretary of 

the Navy, to notify the congressional defense committees not fewer 

than 30 days prior to obligating and expending funds for this purpose. The notification shall contain the costs of modifying the aircraft, the sources of funding by account and the reasons for their 

availability, and a statement that the use of such funds will not adversely affect the F–35 operational fleet. The conferees expect that 

any such use of funds will not unduly hinder or harm other critical 

aspects of the Joint Strike Fighter program. Finally, the conferees 

direct that normal reprogramming procedures be followed as necessary to execute funding for this purpose. 


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360 

ENERGETICS RESEARCH

The conferees direct the Under Secretary of Defense (Research 

and Engineering) to submit a report to the congressional defense 

committees not later than 120 days after the enactment of this Act 

on current investments of the Department of Defense in energetics 

research. The report shall include a comparison of investments in 

energetics among the Services as well as a strategic roadmap for 

future energetics research. 

HYPERSONICS RESEARCH PARTNERSHIPS

The conferees support hypersonics partnerships between the 

Defense Advanced Research Projects Agency and the military Services and recommend fully funding these partnerships. The conferees understand that the development of hypersonic weapons will 

require a long-term vision, beyond the Services’ current mission 

needs and capabilities. Therefore, the conferees encourage the 

Under Secretary of Defense (Research and Engineering) to consider 

establishing a partnership with one or more universities focused on 

hypersonics research and education with the mission of developing 

next-generation hypersonics capabilities and building a highlyskilled, technically-trained workforce. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

The agreement provides $11,083,824,000 for Research, Development, Test and Evaluation, Army, as follows: 


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361 


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362 


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363 


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364 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/616 here 31484.156
365 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/617 here 31484.157
366 


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367 


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368 


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369 


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370 


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371 


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372 


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373 


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374 


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375 


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376 


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377 


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378 


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379 


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380 


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381 


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382 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

The agreement provides $18,510,564,000 for Research, Development, Test and Evaluation, Navy, as follows: 


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383 


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384 


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385 


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386 


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387 


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388 


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389 


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390 


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391 


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392 


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393 


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394 


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395 


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396 


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397 


dlhill on DSK3GLQ082PROD with HEARINGInsert graphic folio 778/649 here 31484.188
398 


dlhill on DSK3GLQ082PROD with HEARINGInsert graphic folio 778/650 here 31484.189
399 


dlhill on DSK3GLQ082PROD with HEARINGInsert graphic folio 778/651 here 31484.190
400 


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401 


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402 


dlhill on DSK3GLQ082PROD with HEARINGInsert graphic folio 778/654 here 31484.193
403 


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404 


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405 

ACCELERATED ACQUISITIONS

The fiscal year 2019 budget request includes $1,402,333,000, 

an increase of 150 percent over amounts enacted in fiscal year 

2018, for programs designated as accelerated acquisitions in accordance with Chief of Naval Operations and Secretary of the Navy 

Instructions 5000.53 and 5000.42, respectively. The conferees support efforts to rapidly deliver capability to the warfighter in a responsible manner and recommend $1,072,585,000 for these programs in fiscal year 2019. 

The conferees are concerned by repeated instances in which 

the designation as an accelerated acquisition program has led to 

imprudent program management decisions affecting contracting actions and funding execution. 

Therefore, the conferees direct the Assistant Secretary of the 

Navy (Research, Development and Acquisition) and the Assistant 

Secretary of the Navy (Financial Management and Comptroller) to 

submit a report to the congressional defense committees, not later 

than 30 days after the enactment of this Act, on acquisition strategy management and fiscal controls in place to ensure the appropriate management of resources for Navy accelerated acquisition 

programs. 

The conferees direct the Assistant Secretary of the Navy (Research, Development and Acquisition) to provide the congressional 

defense committees, with the submission of the fiscal year 2020 

budget request, the acquisition strategy for each designated accelerated acquisition program. The conferees further direct the Assistant Secretary of the Navy (Financial Management and Comptroller) to certify that the fiscal year 2020 budget request fully 

funds such acquisition strategies, to include the associated test requirements identified in the detailed test approach developed for 

each program, as agreed to by the Chief of Naval Operations, the 

Assistant Secretary of the Navy (Research, Development and Acquisition), and the Director, Operational Test and Evaluation per 

previous congressional direction. The conferees reiterate previous 

congressional direction with respect to the role of the Director, 

Operational Test and Evaluation under accelerated acquisition and 

rapid prototyping, to include early insight into service acquisition 

intentions. 

Finally, the conferees direct the Assistant Secretary of the 

Navy (Research, Development and Acquisition) to identify to the 

congressional defense committees with the fiscal year 2020 budget 

submission, any additional training requirements levied on the acquisition workforce associated with the execution of accelerated acquisition programs. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

The agreement provides $41,229,475,000 for Research, Development, Test and Evaluation, Air Force, as follows: 


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407 


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408 


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409 


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410 


dlhill on DSK3GLQ082PROD with HEARINGInsert graphic folio 778/664 here 31484.200
411 


dlhill on DSK3GLQ082PROD with HEARINGInsert graphic folio 778/665 here 31484.201
412 


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413 


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414 


dlhill on DSK3GLQ082PROD with HEARINGInsert graphic folio 778/668 here 31484.204
415 


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416 


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417 


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418 


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419 


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420 


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421 


dlhill on DSK3GLQ082PROD with HEARINGInsert graphic folio 778/675 here 31484.211
422 


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423 


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424 


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425 

TEST AND EVALUATION SUPPORT

The conference agreement provides funding as requested within the Major Test and Evaluation Investment program element for 

the planning and design of three military construction projects 

under the Defense Laboratory Modernization Pilot Program authorized by the National Defense Authorization Act for Fiscal Year 

2016. These specific projects are authorized by the National Defense Authorization Act for Fiscal Year 2019, but the conferees understand that funding for construction will be requested in fiscal 

year 2020. This language replaces the language under the heading 

‘‘Test and Evaluation Support’’ in House Report 115–769. 

SPACE SOLAR POWER PROGRAM

The conferees understand that the Space Solar Power Program 

is a priority for the Air Force but have concerns that the submitted 

budget justification materials do not include sufficient requirements, scheduling, or cost detail to adequately judge the merits of 

rapid acquisition or the ability of the Space Rapid Capabilities Office to achieve it. Consequently, the conference agreement reduces 

funding for the program’s air demonstration by $105,000,000 and 

designates the program as a new start and congressional special interest item. The conferees direct the Secretary of the Air Force to 

submit detailed funding plans for the Space Solar Power Program 

with the fiscal year 2020 budget request submission. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

The agreement provides $23,691,836,000 for Research, Development, Test and Evaluation, Defense-Wide, as follows: 


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427 


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428 


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429 


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430 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/685 here 31484.219
431 


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432 


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433 


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434 


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435 


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436 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/691 here 31484.225
437 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/692 here 31484.226
438 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/693 here 31484.227
439 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/694 here 31484.228
440 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/695 here 31484.229
441 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/696 here 31484.230
442 


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443 

OPERATIONAL TEST AND EVALUATION, DEFENSE

The agreement provides $381,009,000 for Operational Test and 

Evaluation, Defense, as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget 

Request House Senate Conference 

OPERATIONAL TEST AND EVALUATION ............................................ 85,685 85,685 85,685 85,685 

LIVE FIRE TESTING ......................................................................... 64,332 64,332 64,332 64,332 

OPERATIONAL TEST ACTIVITIES AND ANALYSIS .............................. 70,992 70,992 230,992 230,992 

Program increase for T&E infrastructure ............................. .................... .................... 150,000 150,000 

Advanced satellite navigation receiver ................................ .................... .................... 10,000 10,000 

TOTAL, OPERATIONAL TEST & EVALUATION, DEFENSE 221,009 221,009 381,009 381,009 

TITLE V—REVOLVING AND MANAGEMENT FUNDS 

The agreement provides $1,641,115,000 in Title V, Revolving 

and Management Funds. 

DEFENSE WORKING CAPITAL FUNDS

The agreement provides $1,641,115,000 for Defense Working 

Capital Funds, as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget 

Request House Senate Conference 

WORKING CAPITAL FUND, ARMY .................................................... 158,765 158,765 257,765 257,765 

Program increase—arsenal initiative .................................. .................... .................... 99,000 99,000 

WORKING CAPITAL FUND, AIR FORCE ............................................ 69,054 69,054 69,054 69,054 

WORKING CAPITAL FUND, DEFENSE-WIDE ...................................... 48,096 48,096 48,096 48,096 

DEFENSE WORKING CAPITAL FUND, DECA ..................................... 1,266,200 1,266,200 1,266,200 1,266,200 

TOTAL, DEFENSE WORKING CAPITAL FUNDS ................ 1,542,115 1,542,115 1,641,115 1,641,115 

TITLE VI—OTHER DEPARTMENT OF DEFENSE PROGRAMS 

The agreement provides $36,212,133,000 in Title VI, Other Department of Defense Programs, as follows: 


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DEFENSE HEALTH PROGRAM

The agreement provides $34,007,519,000 for the Defense 

Health Program, as follows: 


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REPROGRAMMING GUIDANCE FOR THE DEFENSE HEALTH PROGRAM

The conferees remain concerned about the transfer of funds 

from the In-House Care budget sub-activity group to pay for contractor-provided medical care and the reprogramming of funds from 

the Private Sector Care budget sub-activity group to Department 

priorities outside of the Defense Health Program. To limit such 

transactions and improve oversight within the Defense Health Program operation and maintenance account, the conferees direct that 

the In-House Care and Private Sector Care budget sub-activities 

remain designated as congressional special interest items. Any 

transfer of funds into or out of these sub-activities requires the Secretary of Defense to follow prior approval reprogramming procedures. This should not be interpreted as limiting the amount of 

funds that may be transferred to the In-House Care budget sub-activity from other budget sub-activities within the Defense Health 

Program. 

Additionally, the conferees direct the Assistant Secretary of 

Defense (Health Affairs) to provide quarterly reports to the congressional defense committees on budget execution data for all of 

the Defense Health Program budget activities and to adequately reflect changes to the budget activities requested by the Services in 

future budget submissions. 

CARRYOVER

The conferees recommend one percent carryover authority for 

the operation and maintenance account of the Defense Health Program. The conferees direct the Assistant Secretary of Defense 

(Health Affairs) to submit a detailed spending plan for any fiscal 

year 2018 designated carryover funds to the congressional defense 

committees not less than 30 days prior to executing the carryover 

funds. 

PEER-REVIEWED CANCER RESEARCH PROGRAM

The conference agreement provides $90,000,000 for the peer-reviewed cancer research program to research cancers not addressed 

in the breast, prostate, ovarian, kidney, lung, and melanoma cancer 

research programs. 

The funds provided in the peer-reviewed cancer research program are directed to be used to conduct research in the following 

areas: bladder cancer, blood cancers, brain cancer, colorectal cancer, immunotherapy, listeria vaccine for cancer, liver cancer, 

lymphoma, mesothelioma, neuroblastoma, pancreatic cancer, pediatric brain tumors, stomach cancer, rare cancers, and cancer in 

children, adolescents, and young adults. 

The reports directed under this heading in House Report 115– 

769 and Senate Report 115–290 are still required. 

PEER-REVIEWED MEDICAL RESEARCH PROGRAM

The conference agreement provides $350,000,000 for a peer-reviewed medical research program. The conferees direct the Secretary of Defense, in conjunction with the Service Surgeons General, to select medical research projects of clear scientific merit and 

direct relevance to military health. Research areas considered 


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under this funding are restricted to the following areas: acute lung 

injury, antimicrobial resistance, arthritis, burn pit exposure, cardiomyopathy, cerebellar ataxia, chronic migraine and post-traumatic headache, congenital heart disease, constrictive bronchiolitis, 

diabetes, dystonia, eating disorders, emerging infectious diseases, 

epidermolysis bullosa, focal segmental glomerulosclerosis, 

frontotemporal degeneration, Guillain-Barre syndrome, hemorrhage 

control, hepatitis B, hereditary angioedema, hydrocephalus, 

immunomonitoring of intestinal transplants, inflammatory bowel 

diseases, interstitial cystitis, lung injury, metals toxicology, 

mitochondrial disease, musculoskeletal disorders, myotonic dystrophy, nanomaterials for bone regeneration, nutrition optimization, pancreatitis, pathogen-inactivated blood products, polycystic 

kidney disease, post-traumatic osteoarthritis, pressure ulcers, pulmonary fibrosis, resilience training, respiratory health, Rett syndrome, rheumatoid arthritis, scleroderma, sleep disorders, spinal 

muscular atrophy, tinnitus, tissue regeneration, tuberculosis, vascular malformations, and women’s heart disease. The additional 

funding provided under the peer-reviewed medical research program shall be devoted only to the purposes listed above. 

ELECTRONIC HEALTH RECORDS

The conferees direct the Program Executive Officer (PEO) for 

Defense Healthcare Management Systems (DHMS), in conjunction 

with the Director of the Interagency Program Office (IPO), to provide quarterly reports to the congressional defense committees on 

the cost and schedule of the electronic health record program, to include milestones, knowledge points, and acquisition timelines, as 

well as quarterly obligation reports. These reports should also include any changes to the deployment timeline, including benchmarks, for full operating capability; any refinements to the cost estimate for full operating capability and the total lifecycle cost of the 

project; and the progress toward developing, implementing, and 

fielding the interoperable electronic health record throughout the 

medical facilities of the Department of Defense and the Department of Veterans Affairs. The PEO DHMS is further directed to 

continue briefing the House and Senate Defense Appropriations 

Subcommittees on a quarterly basis, coinciding with the report submission. 

The conferees also direct the Director of the IPO to continue 

to provide quarterly reports to the House and Senate Appropriations Committees, Subcommittees on Defense and Military Construction, Veterans Affairs, and Related Agencies on the progress 

of interoperability between the two Departments. 

Additionally, the conferees direct the Comptroller General to 

perform a review of the implementation of MHS GENESIS at the 

four currently active sites and submit a report to the House and 

Senate Appropriations Committees not later than 180 days after 

the enactment of this Act. The report should include, but not be 

limited to, how MHS GENESIS is addressing the concerns raised 

by the Initial Operational Test and Evaluation report; the performance of MHS GENESIS in meeting the demands of each of the 

medical facilities; underlying issues with implementation; anticipated delays in implementation; and the impact on the execution 


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of funds. The conferees also direct the Comptroller General to perform quarterly reviews of the electronic health record deployment. 

COMBAT READINESS MEDICAL RESEARCH

The conference agreement provides $15,000,000 for Combat 

Readiness Medical Research. The conferees direct the Assistant 

Secretary of Defense (Health Affairs) to competitively award this 

funding to support the activities described under the heading 

‘‘Joint Warfighter Medical Research Program’’ of House Report 

115–769. 

TRAUMA TRAINING

The conferees direct the Secretary of Defense to submit a report to the congressional defense committees not later than 180 

days after the enactment of this Act on improving trauma training 

for trauma teams of the Department of Defense, including through 

the use of the Joint Trauma Education and Training Directorate 

established under section 708 of the National Defense Authorization Act for Fiscal Year 2017. The report should include recommendations on how to best coordinate trauma teams of the Department of Defense with trauma partners in the civilian sector, including evaluating how trauma surgeons and military physicians 

can best partner with civilian level I trauma centers that are 

verified by the American College of Surgeons, including those that 

are linked to a burn center that offer burn rotations and clinical 

experience, to provide adequate training and readiness of the next 

generation of medical providers to treat critically injured burn patients and other military trauma victims. 

LEAD ASSESSMENTS AND TESTING FOR INFANTS

The conferees recognize the importance of screening and testing children for elevated blood lead levels to prevent childhood lead 

toxicity. Therefore, the conferees direct the Secretary of Defense to 

provide risk assessments and targeted blood testing for elevated 

blood lead levels to all TRICARE beneficiary children during their 

12-month and 24-month wellness checks or annual physical examinations. 

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE

The agreement provides $993,816,000 for Chemical Agents and 

Munitions Destruction, Defense, as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget 

Request House Senate Conference 

OPERATION AND MAINTENANCE ..................................................... 105,997 105,997 105,997 105,997 

PROCUREMENT ............................................................................... 1,091 1,091 1,091 1,091 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION ...................... 886,728 886,728 886,728 886,728 

TOTAL, CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE ........................................................ 993,816 993,816 993,816 993,816 


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DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

The agreement provides $881,525,000 for Drug Interdiction 

and Counter-Drug Activities, Defense, as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Line Budget 

Request House Senate Conference 

010 COUNTER-NARCOTICS SUPPORT ............................................. 547,171 530,285 507,171 517,171 

Transfer to National Guard counter-drug program .............. .................... ¥16,886 .................... ....................

Excess Train and Equip funding .......................................... .................... .................... ¥40,000 ....................

Excess to need ...................................................................... .................... .................... .................... ¥30,000 

020 DRUG DEMAND REDUCTION PROGRAM .................................. 117,900 121,900 117,900 121,900 

Program increase—young Marines drug demand reduction .................... 4,000 .................... 4,000 

030 NATIONAL GUARD COUNTER-DRUG PROGRAM ....................... 117,178 200,353 217,178 217,178 

Transfer from counter-narcotics support ............................. .................... 16,886 .................... ....................

Program increase—National Guard counter-drug plans ..... .................... 63,289 100,000 100,000 

Program increase .................................................................. .................... 3,000 .................... ....................

040 NATIONAL GUARD COUNTER-DRUG SCHOOLS ........................ 5,276 5,276 30,276 25,276 

National Guard counter-drug schools .................................. .................... .................... 25,000 20,000 

TOTAL, DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE ................................................... 787,525 857,814 872,525 881,525 

OFFICE OF THE INSPECTOR GENERAL

The agreement provides $329,273,000 for the Office of the Inspector General, as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget 

Request House Senate Conference 

OPERATION AND MAINTENANCE ..................................................... 327,611 327,611 325,236 325,236 

DCATSe and CRIMS—Department requested transfer to 

RDTE ................................................................................. .................... .................... ¥2,375 ¥2,375 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION ...................... 1,602 1,602 3,977 3,977 

DCATSe and CRIMS—Department requested transfer from 

O&M .................................................................................. .................... .................... 2,375 2,375 

PROCUREMENT ............................................................................... 60 60 60 60 

TOTAL, OFFICE OF THE INSPECTOR GENERAL ............ 329,273 329,273 329,273 329,273 

TITLE VII—RELATED AGENCIES 

The agreement provides $1,036,424,000 in Title VII, Related 

Agencies, as follows: 


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CLASSIFIED ANNEX

Adjustments to classified programs are addressed in a separate, detailed, and comprehensive classified annex. The Intelligence 

Community, the Department of Defense, and other organizations 

are expected to fully comply with the recommendations and directions in the classified annex accompanying the Department of Defense Appropriations Act, 2019. 

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SYSTEM FUND

The agreement provides $514,000,000 for the Central Intelligence Agency Retirement and Disability Fund. 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

The agreement provides $522,424,000, a decrease of $16,700,000 below the budget request, for the Intelligence Community Management Account. 

TITLE VIII—GENERAL PROVISIONS 

The agreement incorporates general provisions which were not 

amended. Those general provisions that were addressed in the 

agreement are as follows: 

(TRANSFER OF FUNDS)

The agreement retains a provision proposed by the Senate 

which provides general transfer authority not to exceed 

$4,000,000,000. The House bill contained a similar provision. 

The agreement retains a provision proposed by the House 

which identifies tables as Explanation of Project Level Adjustments. The Senate bill contained a similar provision. 

The agreement modifies a provision proposed by the House 

which places restrictions on multiyear procurement contracts. The 

Senate bill contained a similar provision. 

The agreement retains a provision proposed by the House regarding management of civilian personnel of the Department of Defense. The Senate bill contained a similar provision. 

(TRANSFER OF FUNDS)

The agreement retains a provision proposed by the Senate 

which provides general transfer authority for the purpose of implementing the Pilot Mentor-Prote ́ge ́ Program. The House bill contained a similar provision. 

The agreement retains a provision proposed by the House regarding limitations on the use of funds to purchase anchor and 

mooring chains. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the Senate 

which restricts the use of funds used for the support of any nonappropriated funds activity that procures malt beverages and wine. 

The House bill contained no similar provision. 

The agreement retains a provision proposed by the House regarding incentive payments authorized by the Indian Financing 

Act of 1974. The Senate bill contained a similar provision. 


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The agreement retains a provision proposed by the Senate 

which prohibits funding from being used to establish new Department of Defense Federally Funded Research and Development Centers with certain limitations. The House bill contained a similar 

provision. 

The agreement retains a provision proposed by the House 

which prohibits the use of funds to disestablish, close, downgrade 

from host to extension center, or place a Senior Reserve Officers’ 

Training Corps program on probation. The Senate bill contained no 

similar provision. 

The agreement retains a provision proposed by the Senate 

which provides funds for the Asia Pacific Regional Initiative Program for the purpose of enabling the Pacific Command to execute 

Theater Security Cooperation activities. The House bill contained 

no similar provision. 

The agreement retains a provision proposed by the House regarding mitigation of environmental impacts on Indian lands resulting from Department of Defense activities. The Senate bill contained a similar provision. 

(RESCISSIONS)

The agreement modifies a provision proposed by the House recommending rescissions and provides for the rescission of 

$2,508,005,000. The Senate bill contained a similar provision. The 

rescissions agreed to are: 

2011 Appropriations: 

Shipbuilding and Conversion, Navy: 

DDG–51 Destroyer ............................................................. $94,000,000 

CVN Refueling Overhauls (AP) ........................................ 4,000,000 

2012 Appropriations: 

Shipbuilding and Conversion, Navy: 

DDG–51 Destroyer ............................................................. 66,000,000 

LPD–17 ............................................................................... 13,000,000 

Joint High Speed Vessel .................................................... 8,000,000 

2017 Appropriations: 

Aircraft Procurement, Army: 

Utility f/w aircraft .............................................................. 16,000,000 

Aircraft Procurement, Navy: 

F/A–18 E/F production support and ILS .......................... 38,894,000 

Other Procurement, Navy: 

Ship missile support equipment—Nulka decoy ............... 32,344,000 

Aircraft Procurement, Air Force: 

KC–46A tanker ................................................................... 135,640,000 

F–22 increment 3.2b .......................................................... 2,000,000 

C–130J ................................................................................ 8,900,000 

UH–1N replacement .......................................................... 3,037,000 

VC–25A modifications ........................................................ 20,100,000 

Space Procurement, Air Force: 

Spacelift Range System Space .......................................... 5,000,000 

Other Procurement, Air Force: 

Personal safety and rescue equipment ............................. 12,000,000 

Classified program ............................................................. 25,000,000 

Classified program ............................................................. 7,300,000 

Defense Health Program, Procurement: 

JOMIS carryover ................................................................ 2,413,000 


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2018 Appropriations: 

Missile Procurement, Army: 

Guided MLRS rocket ......................................................... 80,000,000 

Weapons and Tracked Combat Vehicles, Army: 

Bradley program ................................................................ 190,000,000 

Common remotely operated weapons station .................. 10,000,000 

M2 50 cal machine gun modifications .............................. 10,506,000 

Other Procurement, Army: 

Joint light tactical vehicle ................................................. 24,390,000 

Signal modernization program .......................................... 15,000,000 

Indirect fire protection family of systems ........................ 25,000,000 

Aircraft Procurement, Navy: 

E–2D Series ........................................................................ 11,761,000 

V–22 (Medium Lift) ............................................................ 14,600,000 

Weapons Procurement, Navy: 

Tomahawk .......................................................................... 115,657,000 

Other Procurement, Navy: 

Ship missile support equipment—Nulka decoy ............... 22,400,000 

Ship missile support equipment—ESSM missile launcher upgrade ....................................................................... 14,200,000 

Aircraft Procurement, Air Force: 

MQ–9—GCS ....................................................................... 72,000,000 

B–IB—integrated battle station ........................................ 28,000,000 

F–16—communication suite upgrade ............................... 19,916,000 

E–3—electronic protection ................................................. 22,139,000 

MQ–9 modifications—DAS–4 upgrades ........................... 10,600,000 

Initial spares/repair parts—MQ–9 reaper DAS–4 spares 14,600,000 

RQ–4 post production charges—MS–177A ...................... 28,000,000 

Missile Procurement, Air Force: 

Missile replacement equipment—ballistic ....................... 5,200,000 

Space Procurement, Air Force: 

FAB–T ................................................................................. 20,000,000 

WGS—Pathfinder 4 ........................................................... 41,000,000 

GPS III space segment ...................................................... 20,400,000 

Evolved Expendable Launch Capability .......................... 68,250,000 

Air Force Satellite Communications Systems ................. 5,000,000 

Spacelift Range System Space .......................................... 10,000,000 

Evolved Expendable Launch Vehicle (Space) .................. 53,450,000 

Procurement of Ammunition, Air Force: 

General purpose bombs ..................................................... 17,100,000 

Other Procurement, Air Force: 

Classified program ............................................................. 81,000,000 

Classified program ............................................................. 17,500,000 

Classified program ............................................................. 25,000,000 

Research, Development, Test and Evaluation, Army: 

Landmine warfare and barrier—adv dev ......................... 20,000,000 

Cyberspace operations forces and force support .............. 5,676,000 

Infantry support weapons ................................................. 18,689,000 

Infantry support weapons ................................................. 22,500,000 

Army tactical command and control hardware and software ................................................................................. 4,848,000 

Indirect fire protection capability increment 2 ................ 5,000,000 

Joint light tactical vehicle ED .......................................... 5,677,000 

Combat vehicle improvement programs—Bradley .......... 40,000,000 

Information systems security program—COMSEC 

equipment ....................................................................... 68,730,000 

Research, Development, Test and Evaluation, Air Force: 

HC/MC–130 Recap ............................................................. 20,300,000 

Minuteman Squadrons ...................................................... 7,000,000 

MQ–9 ................................................................................... 5,400,000 

Protected Tactical Service ................................................. 5,000,000 


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Protected SATCOM Services ............................................. 12,000,000 

Space Fence ........................................................................ 8,000,000 

JSpOC mission support ..................................................... 30,000,000 

JSTARS Recap ................................................................... 380,000,000 

B–2 Squadrons ................................................................... 13,000,000 

Special tactics/combat control ........................................... 4,500,000 

Weather System Follow-on ................................................ 5,388,000 

Research, Development, Test and Evaluation, DefenseWide: 

Classified program (USD (P)) ........................................... 25,000,000 

Defense Health Program, Procurement: 

DHMS carryover ................................................................ 215,000,000 

The agreement retains a provision proposed by the House restricting procurement of ball and roller bearings other than those 

produced by a domestic source and of domestic origin. The Senate 

bill contained no similar provision. 

The agreement retains a provision proposed by the Senate 

which makes funds available to maintain competitive rates at the 

arsenals. The House bill contained no similar provision. 

The agreement retains a provision proposed by the House 

which provides funding to the United Service Organizations and 

the Red Cross. The Senate bill contained a similar provision. 

(TRANSFER OF FUNDS)

The agreement modifies a provision proposed by the House 

which provides funding to the Sexual Assault Special Victims’ 

Counsel Program. The Senate bill contained a similar provision. 

The agreement retains a provision proposed by the Senate 

which restricts certain funds used to procure end-items. The House 

bill contained a similar provision. 

The agreement retains a provision proposed by the House 

which prohibits funding for real property and family housing maintenance. The Senate bill contained no similar provision. 

(TRANSFER OF FUNDS)

The agreement retains a provision proposed by the Senate 

which directs that up to $1,000,000 from Operation and Maintenance, Navy shall be available for transfer to the John C. Stennis 

Center for Public Service Development Trust Fund. The House bill 

contained no similar provision. 

The agreement modifies a provision proposed by the House 

which provides a grant to the Fisher House Foundation, Inc. The 

Senate bill contained no similar provision. 

The agreement retains a provision proposed by the Senate 

which prohibits funds from being used to modify Fleet Forces Command command and control relationships, with an exception. The 

House bill contained no similar provision. 

(RESCISSION)

The agreement modifies a provision proposed by the House 

which reduces funding to the Foreign Currency Fluctuations, Defense account. The Senate bill contained no similar provision. 


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The agreement retains a provision proposed by the House for 

the rapid acquisition and deployment of supplies and associated 

support services. The Senate bill contained a similar provision. 

The agreement retains a provision proposed by the House 

which prohibits changes to the Army Contracting Command—New 

Jersey without prior notification. The Senate bill contained no similar provision. 

The agreement modifies a provision proposed by the House 

which prohibits funds for transfers in contravention of the John S. 

McCain National Defense Authorization Act for Fiscal Year 2019. 

The Senate bill contained a similar provision. 

The agreement retains a provision proposed by the Senate 

which limits funding to Rosoboronexport. The House bill contained 

a similar provision. 

The agreement retains a provision proposed by the House 

which prohibits funds from being used for the purchase or manufacture of a United States flag unless such flags are treated as covered items under section 2533a(b) of title 10, U.S.C. The Senate bill 

contained no similar provision. 

The agreement retains a provision proposed by the Senate 

which requires the Secretary to submit reports regarding the National Instant Criminal Background Check System. The House bill 

contained no similar provision. 

The agreement modifies a provision proposed by the House 

which provides for ex gratia payments incidental to combat operations. The Senate bill contained a similar provision. 

The agreement retains a provision proposed by the House that 

requires the Secretary of Defense to post grant awards on a public 

website in a searchable format. The Senate bill contained a similar 

provision. 

The agreement retains a provision proposed by the House regarding funding for flight demonstration teams at locations outside 

the United States. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the House that 

prohibits the use of funds to implement the Arms Trade Treaty 

until the treaty is ratified by the Senate. The Senate bill contained 

a similar provision. 

The agreement retains a provision proposed by the Senate that 

prohibits the use of funds to transfer administrative responsibility 

to another Federal agency. The House bill contained a similar provision. 

The agreement retains a provision proposed by the Senate 

which provides funding for the National Defense Reserve Fleet. 

The House bill contained no similar provision. 

The agreement retains a provision proposed by the House that 

prohibits introducing armed forces into Iraq in contravention of the 

War Powers Act. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the House 

which limits the use of funds for the T–AO Fleet Oiler program. 

The Senate bill contained a similar provision. 

The agreement modifies a provision proposed by the House regarding fuel costs. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the Senate 

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velopment Fund to be transferred to the Rapid Prototyping Fund 

or credited to a military department specific fund. The House bill 

contained no similar provision. 

The agreement retains a provision proposed by the House 

which prohibits the use of funds for gaming or entertainment that 

involves nude entertainers. The Senate bill contained no similar 

provision. 

The agreement retains a provision proposed by the Senate 

which makes funding available for a project in a country designated by the Secretary. The House bill contained no similar provision. 

The agreement retains a provision proposed by the House 

which prohibits the use of funds for Base Realignment and Closure. 

The Senate bill contained no similar provision. 

The agreement modifies a provision proposed by the Senate 

which is new and prohibits funding to deliver F–35 aircraft to the 

Republic of Turkey, except in accordance with Section 1282 of the 

John S. McCain National Defense Authorization Act for Fiscal Year 

2019. The House bill contained no similar provision. 

(TRANSFER OF FUNDS)

The agreement modifies a provision proposed by the House 

which grants the Secretary of Defense the authority to use funds 

for Office of Personnel Management background investigations. 

The Senate bill contained a similar provision. 

The agreement retains a provision proposed by the House 

which makes funds available through the Office of Economic Adjustment for transfer to the Secretary of Education, to make grants 

to construct, renovate, repair, or expand elementary and secondary 

public schools on military installations. The Senate bill contained 

no similar provision. 

The agreement retains a provision proposed by the House regarding certain types of assisted reproductive services. The Senate 

bill contained no similar provision. 

The agreement retains a provision proposed by the House 

which prohibits the use of funds to provide arms, training, or other 

assistance to the Azov Battalion. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the House 

which prohibits the use of funds to purchase heavy water from 

Iran. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the House 

which is new and reduces funding for Operation and Maintenance, 

Army to reflect excess cash balances. The Senate bill contained no 

similar provision. 

The agreement retains a provision proposed by the House 

which is new and reduces funding for Operation and Maintenance, 

Navy to reflect excess cash balances. The Senate bill contained no 

similar provision. 

The agreement retains a provision proposed by the House 

which is new and prohibits items for ceremonial honors pending a 

determination by the Secretary. The Senate bill contained no similar provision. 


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The agreement modifies a provision proposed by the House 

which is new and allows funding for procurement or research, development, test and evaluation to modify up to six certain Joint 

Strike Fighter aircraft to a test configuration. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the House 

which is new and allows death gratuity payments as authorized in 

subchapter II of chapter 75 of title 10, United States Code. The 

Senate bill contained a similar provision. 

The agreement retains a provision proposed by the House 

which is new and prohibits the migration of data and applications 

to the proposed Joint Enterprise Data Infrastructure or the Defense Enterprise Office Solutions cloud computing services until the 

Secretary meets certain requirements. The Senate bill contained no 

similar provision. 

The agreement retains a provision proposed by the Senate 

which is new and prohibits funding for contractual agreements to 

any corporation that has any unpaid Federal tax liability. The 

House bill contained no similar provision. 

The agreement retains a provision proposed by the Senate 

which is new and prohibits funding for assistance to the Islamic 

Republic of Iran. The House bill contained no similar provision. 

The agreement retains a provision proposed by the Senate 

which is new and makes available funding to reimburse the Government of the Republic of Palau. The House bill contained no 

similar provision. 

The agreement retains a provision proposed by the House 

which is new and prohibits funding in contravention of Executive 

Order No. 13175 or section 1501.2(d)(2) of title 40, Code of Federal 

Regulations. The Senate bill contained no similar provision. 

The agreement modifies a provision proposed by the Senate 

which is new and related to certain environmental remediation activities. The House bill contained no similar provision. 

TITLE IX—OVERSEAS CONTINGENCY OPERATIONS/GLOBAL 

WAR ON TERRORISM 

The agreement provides $67,914,000,000 in Title IX, Overseas 

Contingency Operations/Global War on Terrorism. 

REPORTING REQUIREMENTS

The agreement includes a number of reporting requirements 

related to contingency operations and building capacity efforts. The 

conferees direct the Secretary of Defense to continue to report incremental costs for all named operations in the Central Command 

Area of Responsibility on a quarterly basis and to submit, also on 

a quarterly basis, commitment, obligation, and expenditure data for 

the Afghanistan Security Forces Fund, the Counter-Islamic State of 

Iraq and Syria Train and Equip Fund, and for all security cooperation programs funded under the Defense Security Cooperation 

Agency in the Operation and Maintenance, Defense-Wide account. 


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MILITARY PERSONNEL

The agreement provides $4,660,661,000 for Military Personnel, 

as follows: 


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467 

OPERATION AND MAINTENANCE

The agreement provides $49,478,483,000 for Operation and 

Maintenance, as follows: 


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469 


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470 


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471 


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472 


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473 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/741 here 31484.247
474 


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475 


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476 


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477 

KURDISH PESHMERGA

The Peshmerga forces of the Kurdistan Region of Iraq have 

made, and continue to make, significant contributions to the 

United States-led campaign to degrade, dismantle, and ultimately 

defeat the Islamic State of Iraq and Syria (ISIS) in Iraq. A lasting 

defeat of ISIS is critical to maintaining a stable and tolerant Iraq 

in which all faiths, sects, and ethnicities are afforded equal protection and full integration into the government and society of Iraq. 

In support of counter-ISIS operations and in conjunction with 

the central government of Iraq, the United States should provide 

the Ministry of Peshmerga forces of the Kurdistan Region of Iraq 

$290,000,000 in operational sustainment, so that the Peshmerga 

forces can more effectively partner with the Iraqi Security Forces, 

the United States, and other international coalition members to 

consolidate gains, hold territory, and protect infrastructure from 

ISIS and its affiliates in an effort to deal a lasting defeat to ISIS 

and prevent its reemergence in Iraq. 

AFGHANISTAN SECURITY FORCES FUND BUDGET SUBMISSION

REQUIREMENTS

The conferees appreciate the efforts of the Department of Defense to comply with prior year direction to provide detailed execution information concurrent with the budget request and Financial 

Activity Plan (FAP) submissions for the Afghanistan Security 

Forces Fund (ASFF) appropriation. However, the Department remains unable to provide an accurate accounting of current and 

prior year spending at the budget justification request line level, 

which challenges effective congressional budget analysis and oversight. The conferees are also concerned that the budget flexibility 

allowed with the ASFF appropriation has led to unclear funding requirements and a lack of budget discipline and risks wasteful 

spending. 

Therefore, the conferees continue to direct that the Secretary 

of Defense shall provide budget justification materials that include 

the budget request amount, the prior year appropriated amount, 

and the actual obligation amount by line item for the prior two 

years. In addition, concurrent with the submission of each FAP, the 

Secretary of Defense shall provide the congressional defense committees with line item detail of planned funding movements within 

each ASFF sub-activity group using line item titles from the appropriate year’s budget justification submission. Any line item that did 

not appear in the budget justification submission shall be delineated as a new line item in the line item detail accompanying the 

FAP. 

The conferees agree to forgo the more stringent reprogramming 

requirements outlined in Senate Report 115–290 in order to provide the Department more time to improve the ASFF budget submission. However, the House and Senate Appropriations Committees intend to revisit this issue during the fiscal year 2020 budget 

appropriation process if budget justification material continues to 

be deficient. 


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478 

PROCUREMENT

The agreement provides $12,627,028,000 for Procurement, as 

follows: 


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479 


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480 


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481 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/750 here 31484.253
482 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/751 here 31484.254
483 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/752 here 31484.255
484 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/753 here 31484.256
485 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/754 here 31484.257
486 


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487 


dlhill on DSK3GLQ082PROD with HEARINGInsert offset folio 778/756 here 31484.259
488 


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489 


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490 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

The agreement provides $1,193,394,000 for Research, Development, Test and Evaluation, as follows: 


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491 


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492 


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493 


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494 

REVOLVING AND MANAGEMENT FUNDS

The agreement provides $15,190,000 for Revolving and Management Funds, as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget 

Request House Senate Conference 

WORKING CAPITAL FUND, ARMY .................................................... 6,600 6,600 6,600 6,600 

WORKING CAPITAL FUND, DEFENSE-WIDE ...................................... 8,590 8,590 8,590 8,590 

TOTAL, DEFENSE WORKING CAPITAL FUNDS ......................... 15,190 15,190 15,190 15,190 

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM

The agreement provides $352,068,000 for the Defense Health 

Program, as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget 

Request House Senate Conference 

IN-HOUSE CARE ............................................................................. 72,627 72,627 72,627 72,627 

PRIVATE SECTOR CARE .................................................................. 277,066 277,066 277,066 277,066 

CONSOLIDATED HEALTH SUPPORT ................................................. 2,375 2,375 2,375 2,375 

TOTAL, OPERATION AND MAINTENANCE ................................ 352,068 352,068 352,068 352,068 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

The agreement provides $153,100,000 for Drug Interdiction 

and Counter-drug Activities, Defense. 

OFFICE OF THE INSPECTOR GENERAL

The agreement provides $24,692,000 for the Office of the Inspector General. 

GENERAL PROVISIONS—THIS TITLE

The agreement for title IX incorporates general provisions 

which were not amended. Those general provisions that were addressed in the agreement are as follows: 

(TRANSFER OF FUNDS)

The agreement retains a provision proposed by the Senate 

which provides for special transfer authority within title IX. The 

House bill contained a similar provision. 

The agreement retains a provision proposed by the House 

which provides funds for military commanders in Afghanistan to 

respond to urgent, limited humanitarian relief. The Senate bill contained a similar provision. 


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The agreement retains a provision proposed by the House 

which provides security assistance to the Government of Jordan. 

The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the House 

which prohibits the use of the Counter-Islamic State of Iraq and 

Syria Train and Equip Fund to procure or transfer man-portable 

air defense systems. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the House 

which provides assistance and sustainment to the military and national security forces of Ukraine. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the House related to the replacement of funds for items provided to the Government of Ukraine. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the House 

which prohibits the use of assistance and sustainment to the military and national security forces of Ukraine to procure or transfer 

man-portable air defense systems. The Senate bill contained no 

similar provision. 

The agreement retains a provision proposed by the Senate 

which is new and allows equipment purchased for, and not yet 

transferred to, entities within Syria, to be transferred to other authorized foreign security forces. The House bill contained no similar 

provision. 

(TRANSFER OF FUNDS)

The agreement modifies a provision proposed by the House 

which provides funds to the Department of Defense to improve intelligence, surveillance, and reconnaissance capabilities. The Senate bill contained no similar provision. 

The agreement retains a provision proposed by the House 

which prohibits introducing armed forces into Syria in contravention of the War Powers Act. The Senate bill contained no similar 

provision. 

(RESCISSIONS)

The agreement modifies a provision proposed by the House recommending rescissions and provides for the rescission of 

$1,340,616,000. The Senate bill contained a similar provision. The 

rescissions agreed to are: 

2017 Appropriations: 

Procurement of Ammunition, Navy and Marine Corps: 

Ammunition less than $5 million ..................................... $2,216,000 

2018 Appropriations: 

Operation and Maintenance, Defense-Wide: 

Coalition Support Fund ..................................................... 800,000,000 

DSCA security cooperation ................................................ 150,000,000 

Counter-ISIS Train and Equip Fund: 

Counter-ISIS Train and Equip Fund ............................... 300,000,000 

Aircraft Procurement, Air Force: 

HC/MC–130 modifications ................................................. 88,400,000 

The agreement retains a provision proposed by the Senate 

which requires the President to designate all Overseas Contingency 


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496 

Operations/Global War on Terrorism funds as such. The House bill 

contained a similar provision. 


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497 


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498 


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499 


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500 


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501 


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502 


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503 


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504 


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505 


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506 


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507 


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508 


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509 


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510 


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511 


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512 


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513 


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514 


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515 


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516 

DIVISION B—DEPARTMENTS OF LABOR, HEALTH AND 

HUMAN SERVICES, AND EDUCATION, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2019 

In implementing this conference agreement, the Departments 

and agencies should be guided by the language and instructions set 

forth in House Report 115–862 and Senate Report 115–289. 

Where the joint explanatory statement accompanying this Act 

speaks to an issue that was addressed in the House or Senate reports, the statement should supersede the language in the House 

or Senate reports. In cases where the House Report and the Senate 

Report address a particular issue not specifically cited in the statement, the House Report and the Senate Report should be complied 

with and carry the same emphasis as the language included in the 

statement. In providing the operating plan required by section 516 

of this Act, the Departments and agencies funded in this Act are 

directed to include all programs, projects, and activities, including 

those in House Report 115–862, Senate Report 115–289, and this 

joint explanatory statement accompanying this Act. All such programs, projects, and activities are subject to the provisions of this 

Act. 

Each department and agency funded in this Act shall follow 

the directions set forth in this Act and the accompanying statement, and shall not reallocate resources or reorganize activities except as provided herein. Funds for individual programs and activities are displayed in the detailed table at the end of the joint explanatory statement accompanying this Act. Funding levels that 

are not displayed in the detailed table are identified within this 

statement. Any action to eliminate or consolidate programs, 

projects, and activities should be pursued through a proposal in the 

President’s Budget so it can be considered by the Committees on 

Appropriations of the House of Representatives and the Senate. 

Congressional Reports.—Each Department and agency is directed to provide the Committees on Appropriations of the House 

of Representatives and the Senate, within 30 days from the date 

of enactment of this Act and quarterly thereafter, a summary describing each requested report to the Committees on Appropriations along with its status. 

TITLE I 

DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

Apprenticeship Grants.—The conferees include $160,000,000 to 

support Apprenticeship Grants, an increase of $15,000,000 above 

fiscal year 2018, to expand support for the apprenticeship program 

created in fiscal year 2016. The conferees direct the Department to 

submit a report to the Committees on Appropriations of the House 

of Representatives and the Senate providing detail on entities 

awarded funding, selection criteria used, and the funding amount 

for each grant or contract awarded at the time such awards are 

made. No later than September 30, 2019, the Department shall 


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provide the Committees on Appropriations a detailed spend plan of 

anticipated uses of funds made available, including estimated administrative costs. 

Dislocated Workers National Reserve.—The conferees direct the 

Department to comply with the requirements included in Senate 

Report 115–289 for dislocated worker training in the Appalachian 

and Delta regions. 

Technical Assistance.—The conferees direct the Department to 

include estimates of ongoing needs for technical assistance funding, 

including core technical assistance activities and activities related 

to Workforce Innovation and Opportunity Act support, over the ten 

year budget period in the fiscal year 2020 Congressional Justification. 

Reintegration of Ex-offenders.—The conferees direct the Department to use funding to support efforts in high-crime, high-poverty areas and, in particular, communities that are seeking to address relevant impacts and root causes of civil unrest and high levels of community violence. 

JOB CORPS

The conferees urge the Department to continue to ensure effective contract management and administration, including performance reporting and delivery of services. 

The conferees direct the Secretary to submit a report to the 

Committees on Appropriations of the House of Representatives and 

the Senate prior to July 1, 2019 that includes a copy of the interagency agreement between the Secretary of Labor and the Secretary of Agriculture relating to the Civilian Conservation Centers, 

a list of all active Civilian Conservation Centers and contractors 

administering such Centers, and a cumulative record of the funding provided to Civilian Conservation Centers during the 10 years 

preceding the date of the report. In addition, such report should include, for each Civilian Conservation Center, the funds allocated to 

the Civilian Conservation Center; the number of enrollment slots 

maintained, disaggregated by gender and by residential or nonresidential training type, the career technical training offerings available, the staffing levels and staffing patterns at the Civilian Conservation Center; and the number of Career Technical Skills Training slots available. 

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

The conferees direct the Department to submit a report to the 

Committees on Appropriations of the House of Representatives and 

the Senate, no later than 180 days after the date of enactment of 

this Act, on the implementation of the plan to reduce improper payments published by the Department of Labor in the fiscal year 

2017 Agency Financial Report. The report shall identify barriers to 

the reduction of improper payments that may require Congressional action to address. 

The conferees include $9,000,000 for the Unemployment Insurance Integrity Center of Excellence (UIICE). The conferees provide 

$6,000,000 for the benefit of States to the entity operating the 

UIICE. The conferees direct the Department to focus on proven 


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strategies and continue to test innovative approaches to reducing 

improper payments in the Unemployment Insurance system. The 

UIICE should continue its work to address improper payments in 

the Unemployment Insurance program and, with the support of the 

Department, to assist States to adopt best practices to identify and 

prevent improper payments before they occur. 

Notwithstanding the directive in the House Report 115–862 to 

limit the use of Employment Service appropriations for administrative purposes to 20 percent, the conferees direct the Department to 

collect data on the use of Employment Service funding for administrative purposes at the State and local levels, as well as the 

amount used for local program services. The Department shall 

make the data publicly available together with program performance information on its website. 

Office of Foreign Labor Certification.—The conferees include 

$8,250,000 for the implementation of the Northern Mariana Islands 

U.S. Workforce Act of 2018 (P.L. 115–218). 

PENSION BENEFIT GUARANTY CORPORATION

The conferees include new bill language modified from the 

budget request that provides contingent funding for credit monitoring services in the event of a security breach exceeding 

$250,000. 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) 

The conferees direct OSHA to publish Funding Opportunity 

Notices for fiscal year 2019 funds for the Susan Harwood Training 

Grant program no later than June 30, 2019. 

DEPARTMENTAL MANAGEMENT

The conferees include $13,750,000 for the Women’s Bureau and 

modify language related to the availability of funding for activities 

authorized by the Women in Apprenticeship and Nontraditional 

Occupations Act. The conferees intend the $13,750,000 provided be 

used by the Women’s Bureau for important issues facing women in 

the labor force. 

VETERANS EMPLOYMENT AND TRAINING

The conferees include $500,000 for the initiation of the HIRE 

Vets Medallion Program authorized by the Honoring Investments 

in Recruiting and Employing American Military Veterans Act of 

2017. 

The conferees include $3,500,000 for a new pilot within the 

Transition Assistance Program to prepare transitioning service 

members for apprenticeship programs and to assist them with 

placement services. 

GENERAL PROVISIONS

The conferees modify a provision related to the rescission of 

funds. 

The conferees include a new provision related to the Working 

Capital Fund. 


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The conferees include a new provision related to H–1B fees. 

TITLE II 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

HEALTH RESOURCES AND SERVICES ADMINISTRATION

PRIMARY HEALTH CARE

Health Centers.—Of the available funding for fiscal year 2019, 

bill language directs that not less than $200,000,000 shall be for 

making supplemental awards to improve the quality of care under 

section 330(d) of the Public Health Service Act to expand and improve access to quality mental health and substance use disorder 

prevention and treatment services nationwide. 

Native Hawaiian Health Care.—The conferees include not less 

than $17,500,000 for the Native Hawaiian Health Care Program. 

HEALTH WORKFORCE

Advanced Education Nursing.—The conferees include 

$8,000,000 to continue grants for the clinical training of sexual assault nurse examiners as described in Senate Report 115–289. 

Behavioral Health Workforce Education and Training.—Funding is included to support the mental health and substance abuse 

workforce and eligible entities under the Behavioral Health Workforce Education and Training program, including Master’s level social workers, psychologists, counselors, marriage and family therapists, psychiatric mental health nurse practitioners, occupational 

therapists, psychology doctoral interns, and behavioral health paraprofessionals. HRSA should continue to encourage all eligible 

health professions to apply when applicable and ensure funding for 

eligible entities, including social work. HRSA should maintain the 

integrity of this program through an open competition for all eligible entities. 

Graduate Medical Education.—The conferees include 

$25,000,000 to support colleges of medicine at public universities 

located in the top quintile of States projected to have a primary 

care provider shortage. The conferees direct HRSA to give priority 

to applications from universities located in States with the greatest 

number of Federally-recognized Tribes. The conferees direct HRSA 

to give priority to applications from public universities with a demonstrated public-private partnership. 

Mental and Behavioral Health Education Training.—The conferees include $18,000,000 within the amount provided to Mental 

and Behavioral Health Education Training for Graduate Psychology Education. 

National Health Service Corps.—The conferees include 

$105,000,000 for the National Health Service Corps to expand and 

improve access to quality health care and substance use disorder 

treatment in rural and other underserved areas nationwide. The 

conferees continue eligibility for loan repayment awards through 

the National Health Service Corps for substance use disorder counselors. Of the amount provided, the conferees include $15,000,000 

for the Rural Communities Opioid Response within the Office of 


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Rural Health and $15,000,000 for placement at health care facilities within the Indian Health Service. 

Oral Health Training.—The conferees include not less than 

$12,000,000 for General Dentistry Programs and not less than 

$12,000,000 for Pediatric Dentistry Programs. The conferees direct 

HRSA to provide continuation funding for predoctoral and 

postdoctoral training grants initially awarded in fiscal year 2015, 

and for section 748 Dental Faculty Loan Program grants initially 

awarded in fiscal years 2016, 2017, and 2018. The conferees continue to support awards with a preference for pediatric dentistry 

faculty supervising dental students or residents and providing clinical services in dental clinics located in dental schools, hospitals, 

and community-based affiliated sites. 

MATERNAL AND CHILD HEALTH

Autism and Other Developmental Disorders.—The conferees include $50,599,000 for the Autism and Other Developmental Disorders program and provides not less than $33,500,000 for the 

Leadership Education in Neurodevelopmental and Related Disabilities program. 

Children’s Health and Development.—The conferees include 

$3,500,000 within Special Projects of Regional and National Significance (SPRANS) for another year of the HRSA funded study focused on improving child health through a Statewide system of 

early childhood developmental screenings and interventions. 

Healthy Start.—The conferees include an increase of 

$12,000,000 for Healthy Start as part of the new initiative to reduce maternal mortality. The conferees provide this funding to support nurse practitioners, certified nurse midwives, physician assistants, and other maternal-child advance practice health professionals at all program sites nationwide as described under this 

heading in Senate Report 115–289. 

Heritable Disorders Program.—The conferees provide $16,383,000 for the Heritable Disorders Program, of which 

$2,000,000 is provided for newborn screening for Severe Combined 

Immune Deficiency and related disorders. 

Infant-Toddler Court Teams.—The conferees include 

$3,000,000 within the total provided for SPRANS for continuation 

of the cooperative agreement, which provides ongoing training and 

technical assistance, implementation support, and evaluation research to support research-based Infant-Toddler Court Teams. 

Maternal Mortality.—The conferees include $23,000,000 within 

SPRANS for State Maternal Health Innovation Grants to establish 

demonstrations to implement evidence-based interventions to address critical gaps in maternity care service delivery and reduce 

maternal mortality, as described under this heading in Senate Report 115–289. Within this amount, the conferees include up to 

$1,000,000 for awarding grants for the purchase and implementation of telehealth services. Such amount may include pilots and 

demonstrations for the use of electronic health records or other necessary technology and equipment (including ultrasound machines 

or other technology and equipment that may be useful for the care 

of pregnant women) and may support efforts to coordinate obstetric 

care between pregnant women living in rural areas and their proVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00524 Fmt 6601 Sfmt 6601 E:\HR\OC\HR952.XXX HR952

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viders. In addition to this $23,000,000, the conferees include 

$3,000,000 within SPRANS to expand implementation of the Alliance for Innovation in Maternal Health Initiative’s maternal safety 

bundles to all U.S. States, the District of Columbia, and U.S. territories, as well as tribal entities. 

Set-asides within SPRANS.—The conferees include the following set-asides within SPRANS. Within the set-aside for Oral 

Health, $250,000 is provided for activities described in House Report 115–862. 

Budget Activity FY 2019 

Conference 

Set-aside for Oral Health ............................................................................................................................... $5,250,000 

Set-aside for Epilepsy .................................................................................................................................... 3,642,000 

Set-aside for Sickle Cell Disease ................................................................................................................... 3,000,000 

Set-aside for Fetal Alcohol Syndrome ............................................................................................................ 477,000 

HEALTH CARE SYSTEMS

Office of Pharmacy Affairs.—The conferees urge the Office of 

Pharmacy Affairs (OPA) to complete the development of a secure 

website. Within 90 days from the date of enactment of this Act, the 

conferees direct OPA to issue a report to Congress on its progress 

implementing these security measures. 

RURAL HEALTH

Delta States Rural Development Network Grant Program.—The 

conferees encourage HRSA to continue to consult with the Delta 

Regional Authority (DRA) on the awarding, implementing, administering, and monitoring of grants under the Delta States Network 

Grant Program in fiscal year 2019. In addition, of the funds provided, the conferees provide $8,000,000 to support HRSA’s collaboration with the DRA to continue DRA’s program to help underserved rural communities identify and better address their 

healthcare needs and to help small rural hospitals improve their financial and operational performance. Within 90 days from the date 

of enactment of this Act, the conferees direct HRSA and DRA to 

provide a joint briefing to the Committees on Appropriations of the 

House of Representatives and the Senate on the program’s 

progress. 

Rural Communities Opioids Response.—The conferees include 

$120,000,000 to continue the Rural Communities Opioids Response 

program. The conferees provide funds to support treatment for and 

prevention of substance use disorder, focusing on rural communities with the highest risk for substance use disorders. Funds 

should support activities as described in Senate Report 115–289. In 

addition to funds provided under this heading, the conferees direct 

that up to $15,000,000 of the amount provided to the National 

Health Service Corps be used as part of the Rural Communities 

Opioids Response program. Within the funding provided, the conferees include an increase of $20,000,000 for the establishment of 

three Rural Centers of Excellence (Centers) on substance use disorders as directed by Senate Report 115–289. The Centers should 

provide scientific and technical assistance to county and State 

health departments and other entities as identified seeking guidVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00525 Fmt 6601 Sfmt 6601 E:\HR\OC\HR952.XXX HR952

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ance on how to address the substance use disorder challenges in 

their community. HRSA is directed to establish one such Center at 

an academic university, in a rural State where the U.S. Census Bureau defines over 60 percent of the population as rural. In addition, 

the university should be connected to an associated medical school 

that is already utilizing a collaborative approach to behavioral 

health care, with partnerships between the university and medical 

school, and the State has an effective, systems-wide approach to 

addiction treatment, such as the hub and spoke model. In addition, 

one Center shall be a public-private partnership between a nonprofit and an academic university to provide technical assistance 

and best practices on the development of recovery housing programs for substance use disorder intervention. This Center shall 

serve multiple States and be based on an intervention model with 

a demonstrated track record, including multi-year outcomes data 

conducted by an academic research institution. Furthermore, the 

Center shall focus on best practices for successful substance use 

disorder intervention for low income, high-risk individuals, including those who have been involved with the criminal justice system. 

Finally, one Center shall be at an academic university located in 

a State included in the Delta Regional Authority or Appalachian 

Regional Commission with an overdose death rate for synthetic 

opioids as determined by the Centers for Disease Control and Prevention higher than a 150 percent change between 2015 and 2016. 

Rural Health Outreach.—The conferees include not more than 

$12,000,000 for Outreach Service Grants; not more than 

$15,300,000 for Rural Network Development Grants; not less than 

$20,000,000 for Delta States Network Grant Program; not less than 

$2,400,000 for Network Planning Grants; and not less than 

$6,400,000 for Small Healthcare Provider Quality Improvement 

Grants. 

Telehealth.—The conferees include $1,000,000 through the 

Telehealth Network grant program to fund awards that use evidence-based practices that promote school safety and individual 

health, mental health, and well-being. The grants should provide 

assessment and referrals for health, mental health, or substance 

use disorders services to students who may be struggling with behavioral or mental health issues. In addition, grants should provide 

training and support to teachers, school counselors, administrative 

staff, school resource officers, and other relevant staffs to identify, 

refer, and intervene to help students experiencing mental health 

needs or who are considering harming themselves or others. 

PROGRAM MANAGEMENT

Oral Health Literacy.—The conferees include $250,000 for the 

development of an oral health awareness and education campaign 

across relevant HRSA divisions, including the Health Centers Program, Oral Health Workforce, Maternal and Child Health, Ryan 

White HIV/AIDS Program, and Rural Health. The conferees direct 

HRSA to identify oral health literacy strategies that are evidencebased and focused on oral healthcare prevention and education, including prevention of oral disease such as early childhood and 

other caries, periodontal disease, and oral cancer. The conferees exVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00526 Fmt 6601 Sfmt 6601 E:\HR\OC\HR952.XXX HR952

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pect the Chief Dental Officer to play a key role in the design, monitoring, oversight, and implementation of this project. 

CENTERS FOR DISEASE CONTROL AND PREVENTION

The conferees include $7,947,741,000 in total program level 

funding for the Centers for Disease Control and Prevention (CDC), 

which includes $7,143,241,000 in discretionary budget authority 

and $804,500,000 in transfers from the Prevention and Public 

Health (PPH) Fund. 

IMMUNIZATION AND RESPIRATORY DISEASES

The conferees include a total of $798,405,000 for Immunization 

and Respiratory Diseases, which includes $477,855,000 in discretionary appropriations and $320,550,000 in transfers from the PPH 

Fund. Within this total, the conferees include the following 

amounts: 

Budget Activity FY 2019 

Conference 

Section 317 Immunization Program ............................................................................................................... $610,847,000 

Influenza Planning and Response ................................................................................................................. 187,558,000 

HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES AND

TUBERCULOSIS PREVENTION

The conferees include $1,132,278,000 for HIV/AIDS, Viral Hepatitis, Sexually Transmitted Diseases, and Tuberculosis Prevention. 

Within this total, the conferees include the following amounts: 

Budget Activity FY 2019 

Conference 

Domestic HIV/AIDS Prevention and Research ................................................................................................ $788,712,000 

HIV Prevention by Health Departments ................................................................................................. 397,161,000 

HIV Surveillance .................................................................................................................................... 119,861,000 

Activities to Improve Program Effectiveness ........................................................................................ 103,208,000 

National, Regional, Local, Community, and Other Organizations ........................................................ 135,401,000 

School Health ........................................................................................................................................ 33,081,000 

Viral Hepatitis ................................................................................................................................................ 39,000,000 

Sexually Transmitted Infections ..................................................................................................................... 157,310,000 

Tuberculosis .................................................................................................................................................... 142,256,000 

Infectious Diseases and the Opioid Epidemic ............................................................................................... 5,000,000 

Infectious Diseases and the Opioid Epidemic.—The conferees 

include $5,000,000 for a new initiative targeting infectious disease 

consequences of the opioid epidemic. The conferees direct CDC to 

focus efforts on improving surveillance, treatment, and education 

efforts around hepatitis B, hepatitis C, and HIV infections as it relates to the opioid epidemic. CDC is directed to prioritize funding 

for those areas most at risk for outbreaks of HIV and hepatitis due 

to injection drug use. 

EMERGING AND ZOONOTIC INFECTIOUS DISEASES

The conferees include $620,372,000 for Emerging and Zoonotic 

Infectious Diseases, which includes $568,372,000 in discretionary 

appropriations and $52,000,000 in transfers from the PPH Fund. 

Within this total, the conferees include the following amounts: 


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Budget Activity FY 2019 

Conference 

Core Infectious Diseases ................................................................................................................................ $424,800,000 

Antibiotic Resistance Initiative ............................................................................................................. 168,000,000 

Lab Safety and Quality ......................................................................................................................... 8,000,000 

Vector-Borne Diseases ........................................................................................................................... 38,603,000 

Lyme Disease ......................................................................................................................................... 12,000,000 

Prion Disease ......................................................................................................................................... 6,000,000 

Chronic Fatigue Syndrome .................................................................................................................... 5,400,000 

Emerging Infectious Diseases ............................................................................................................... 156,957,000 

All Other Infectious Diseases ................................................................................................................ 29,840,000 

Food Safety ..................................................................................................................................................... 60,000,000 

National Healthcare Safety Network .............................................................................................................. 21,000,000 

Quarantine ...................................................................................................................................................... 31,572,000 

Advanced Molecular Detection ....................................................................................................................... 30,000,000 

Epidemiology and Lab Capacity program ...................................................................................................... 40,000,000 

Healthcare-Associated Infections ................................................................................................................... 12,000,000 

Harmful Algal Blooms .................................................................................................................................... 1,000,000 

Harmful Algal Blooms.—The conferees provide $1,000,000 to 

enhance harmful algal bloom exposure activities, including surveillance, mitigation, and event response efforts, with a priority given 

to geographic locations subject to a state of emergency designation 

related to toxic algae blooms within the past 12 months. 

Lyme Disease.—The conferees provide $12,000,000, an increase 

of $1,300,000, for Lyme disease activities. 

CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION

The conferees include $1,187,771,000 for Chronic Disease Prevention and Health Promotion, which includes $932,821,000 in discretionary appropriations and $254,950,000 in transfers from the 

PPH Fund. Within this total, the conferees include the following 

amounts: 

Budget Activity FY 2019 

Conference 

Tobacco ........................................................................................................................................................... $210,000,000 

Nutrition, Physical Activity, and Obesity ........................................................................................................ 56,920,000 

High Obesity Rate Counties .................................................................................................................. 15,000,000 

School Health ................................................................................................................................................. 15,400,000 

Health Promotion ............................................................................................................................................ 19,000,000 

Glaucoma ............................................................................................................................................... 4,000,000 

Visual Screening Education .................................................................................................................. 1,000,000 

Alzheimer’s Disease ............................................................................................................................... 5,500,000 

Inflammatory Bowel Disease ................................................................................................................. 1,000,000 

Interstitial Cystitis ................................................................................................................................. 1,000,000 

Excessive Alcohol Use ........................................................................................................................... 4,000,000 

Chronic Kidney Disease ......................................................................................................................... 2,500,000 

Prevention Research Centers ......................................................................................................................... 25,461,000 

Heart Disease and Stroke .............................................................................................................................. 140,062,000 

Diabetes .......................................................................................................................................................... 148,129,000 

National Diabetes Prevention Program .......................................................................................................... 25,300,000 

Cancer Prevention and Control ...................................................................................................................... 371,549,000 

Breast and Cervical Cancer ........................................................................................................................... 218,000,000 

WISEWOMAN ........................................................................................................................................... 21,120,000 

Breast Cancer Awareness for Young Women ................................................................................................. 4,960,000 

Cancer Registries ........................................................................................................................................... 51,440,000 

Colorectal Cancer ........................................................................................................................................... 43,294,000 

Comprehensive Cancer ................................................................................................................................... 19,675,000 

Johanna’s Law ................................................................................................................................................ 7,500,000 

Ovarian Cancer ............................................................................................................................................... 10,000,000 

Prostate Cancer .............................................................................................................................................. 13,205,000 

Skin Cancer .................................................................................................................................................... 3,000,000 


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Budget Activity FY 2019 

Conference 

Cancer Survivorship Resource Center ............................................................................................................ 475,000 

Oral Health ..................................................................................................................................................... 19,000,000 

Safe Motherhood/Infant Health ...................................................................................................................... 58,000,000 

Preterm Birth ......................................................................................................................................... 2,000,000 

Maternal Mortality Review Committees ................................................................................................ 12,000,000 

Arthritis and Other Chronic Disease .............................................................................................................. 27,000,000 

Arthritis .................................................................................................................................................. 11,000,000 

Epilepsy ................................................................................................................................................. 8,500,000 

National Lupus Patient Registry ........................................................................................................... 7,500,000 

Racial and Ethnic Approaches to Community Health (REACH) .................................................................... 55,950,000 

Good Health and Wellness in Indian Country ....................................................................................... 21,000,000 

Million Hearts ................................................................................................................................................. 4,000,000 

National Early Child Care Collaboratives ...................................................................................................... 4,000,000 

Hospitals Promoting Breastfeeding ................................................................................................................ 8,000,000 

Barriers to Care for Childhood Cancer Survivors.—Not later 

than 18 months from the date of enactment of this Act, the Comptroller General shall submit a report as stated in section 236 of division B of H.R. 6157 as passed by the Senate on August 23, 2018. 

Farm to School.—The conferees include $2,000,000 within Nutrition, Physical Activity, and Obesity for research and education 

activities related to farm to school programs that result in promoting healthy eating habits for students. 

High Obesity Counties.—The conferees provide $15,000,000 to 

address obesity in counties as described in Senate Report 115–289. 

Maternal Mortality Review Committees.—The conferees provide $12,000,000 for Maternal Mortality Review Committees as described in Senate Report 115–289. 

Racial and Ethnic Approaches to Community Health 

(REACH).—The conferees include $55,950,000 for the REACH pro- gram. Within the total, $34,950,000 is provided for the third year 

of a five-year cooperative agreement for community programs and 

$21,000,000 is for Good Health and Wellness in Indian Country, as 

described in House Report 115–862. 

Safe Motherhood and Infant Health.—The conferees include 

funding at the fiscal year 2018 level for the teen pregnancy prevention cooperative agreement. 

BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES

The conferees include $155,560,000 for Birth Defects and Developmental Disabilities. Within this total, the conferees include 

the following amounts: 

Budget Activity FY 2019 

Conference 

Child Health and Development ...................................................................................................................... $65,800,000 

Birth Defects ......................................................................................................................................... 19,000,000 

Fetal Death ............................................................................................................................................ 900,000 

Fetal Alcohol Syndrome ......................................................................................................................... 11,000,000 

Folic Acid ............................................................................................................................................... 3,150,000 

Infant Health ......................................................................................................................................... 8,650,000 

Autism ................................................................................................................................................... 23,100,000 

Health and Development for People with Disabilities ................................................................................... 62,660,000 

Disability & Health ................................................................................................................................ 30,000,000 

Tourette Syndrome ................................................................................................................................. 2,000,000 

Early Hearing Detection and Intervention ............................................................................................. 10,760,000 

Muscular Dystrophy ............................................................................................................................... 6,000,000 

Attention Deficit Hyperactivity Disorder ................................................................................................ 1,900,000 


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Budget Activity FY 2019 

Conference 

Fragile X ................................................................................................................................................ 2,000,000 

Spina Bifida .......................................................................................................................................... 6,000,000 

Congenital Heart Failure ....................................................................................................................... 4,000,000 

Public Health Approach to Blood Disorders ................................................................................................... 4,400,000 

Hemophilia CDC Activities ............................................................................................................................. 3,500,000 

Hemophilia Treatment Centers ....................................................................................................................... 5,100,000 

Thalassemia ................................................................................................................................................... 2,100,000 

Neonatal Abstinence Syndrome ...................................................................................................................... 2,000,000 

Surveillance for Emerging Threats to Mothers and Babies .......................................................................... 10,000,000 

Physical Activity for People with Disabilities.—The conferees 

provide $30,000,000, an increase of $3,000,000, in Disability and 

Health, as described in Senate Report 115–289. 

Neonatal Abstinence Syndrome.—The conferees provide 

$2,000,000 for activities related to neonatal abstinence syndrome 

as directed in section 246 of division B of H.R. 6157 as passed by 

the Senate on August 23, 2018. 

Surveillance for Emerging Threats to Mothers and Babies.— 

The conferees include $10,000,000 to support CDC’s continued collaboration with State, tribal, territorial, and local health departments to monitor mothers and babies impacted by the Zika virus 

during pregnancy in the highest risk jurisdictions. This funding 

will allow CDC to pilot the Zika surveillance/registry system in additional jurisdictions to capture data on other emerging public 

health threats to mothers and babies, such as opioid use during 

pregnancy, natural disasters, and pandemic influenza. 

PUBLIC HEALTH SCIENTIFIC SERVICES

The conferees include a total of $496,397,000 for Public Health 

Scientific Services. Within this total, the conferees include the following amounts: 

Budget Activity FY 2019 

Conference 

Health Statistics ............................................................................................................................................. $160,397,000 

Surveillance, Epidemiology, and Informatics ................................................................................................. 285,000,000 

Lab Training .......................................................................................................................................... 5,000,000 

Public Health Workforce ................................................................................................................................. 51,000,000 

National Neurological Conditions Surveillance System.—The 

conferees provide $5,000,000 for the establishment of the National 

Neurological Conditions Surveillance System as authorized in the 

21st Century Cures Act (P.L. 114–255). 

Primary Immunodeficiencies.—The conferees include an increase of $1,000,000 for the Office of Public Health Genomics to 

support existing efforts to enhance education and awareness of primary immunodeficiencies. 

ENVIRONMENTAL HEALTH

The conferees include $209,350,000 for Environmental Health 

programs, which includes $192,350,000 in discretionary appropriations and $17,000,000 in transfers from the PPH Fund. Within this 

total, the conferees include the following amounts: 


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Budget Activity FY 2019 

Conference 

Environmental Health Laboratory ................................................................................................................... $65,750,000 

Newborn Screening Quality Assurance Program ................................................................................... 16,000,000 

Newborn Screening for SCID ................................................................................................................. 1,250,000 

Other Environmental Health .................................................................................................................. 48,500,000 

Environmental Health Activities ..................................................................................................................... 44,600,000 

Safe Water ............................................................................................................................................. 8,600,000 

Amyotrophic Lateral Sclerosis Registry ................................................................................................. 10,000,000 

Climate Change ..................................................................................................................................... 10,000,000 

All Other Environmental Health ............................................................................................................ 16,000,000 

Environmental and Health Outcome Tracking Network ................................................................................. 34,000,000 

Asthma ........................................................................................................................................................... 29,000,000 

Trevor’s Law ................................................................................................................................................... 1,000,000 

Childhood Lead Poisoning .............................................................................................................................. 35,000,000 

Trevor’s Law.—The conferees provide $1,000,000 to develop 

guidelines for investigation of potential cancer clusters as outlined 

in section 399V–6(c) of the Public Health Service Act. 

INJURY PREVENTION AND CONTROL

The conferees include $648,559,000 for Injury Prevention and 

Control activities. Within this total, the conferees include the following amounts: 

Budget Activity FY 2019 

Conference 

Intentional Injury ............................................................................................................................................ $102,730,000 

Domestic Violence and Sexual Violence ................................................................................................ 32,700,000 

Child Maltreatment ...................................................................................................................... 7,250,000 

Youth Violence Prevention ..................................................................................................................... 15,100,000 

Domestic Violence Community Projects ................................................................................................ 5,500,000 

Rape Prevention .................................................................................................................................... 49,430,000 

National Violent Death Reporting System ...................................................................................................... 23,500,000 

Unintentional Injury ........................................................................................................................................ 8,800,000 

Traumatic Brain Injury .......................................................................................................................... 6,750,000 

Elderly Falls ........................................................................................................................................... 2,050,000 

Injury Prevention Activities ............................................................................................................................. 28,950,000 

Opioid Overdose Prevention and Surveillance ............................................................................................... 475,579,000 

Injury Control Research Centers .................................................................................................................... 9,000,000 

Opioid Prescription Drug Overdose (PDO) Prevention Activity.—The conferees include $475,579,000 for the CDC’s PDO activities, the same as the fiscal year 2018 funding level. CDC shall continue to use the provided funds to advance the understanding of 

the opioid overdose epidemic and scale up prevention activities 

across all 50 states, Washington, D.C., territories, and Tribes, as 

well as extend eligibility to local health departments. In addition, 

CDC shall use $10,000,000 of the funds provided to conduct a nationwide opioid awareness and education campaign. The conferees 

direct CDC to adhere to guidance included in House report 115– 

862 and Senate report 115–289 relating to the CDC’s PDO activities. 

NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

The conferees include a total of $336,300,000 for the National 

Institute for Occupational Safety and Health in discretionary appropriations. Within this total, the conferees include the following 

amounts: 


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Budget Activity FY 2019 

Conference 

National Occupational Research Agenda ....................................................................................................... $116,000,000 

Agriculture, Forestry, Fishing ................................................................................................................ 25,500,000 

Education and Research Centers ................................................................................................................... 29,000,000 

Personal Protective Technology ...................................................................................................................... 20,000,000 

Mining Research ............................................................................................................................................. 59,500,000 

National Mesothelioma Registry and Tissue Bank ........................................................................................ 1,200,000 

Firefighter Cancer Registry ............................................................................................................................ 1,000,000 

Other Occupational Safety and Health Research .......................................................................................... 109,600,000 

Coal Workers’ Health Surveillance.—CDC shall provide a report on the Coal Workers’ Surveillance Program as outlined in section 238 of division B of H.R. 6157 as passed by the Senate on August 23, 2018. 

Firefighter Cancer Registry.—The conferees provide $1,000,000 

to implement the Firefighter Cancer Registry Act of 2018 (P.L. 

115–194). 

Mesothelioma.—The conferees provide $100,000 to initiate a 

feasibility study for a patient registry, which would include developing case finding methodology to determine incidence and prevalence, demographics, and risk factors. The conferees expect CDC to 

submit a report to the Committees on Appropriations of the House 

of Representatives and the Senate after conclusion of the feasibility 

study. 

Total Worker Health.—The conferees provide funding in the 

Other Occupational Safety and Health Research line to continue to 

support the Total Worker Health program at not less than the fiscal year 2018 level. 

GLOBAL HEALTH

The conferees include $488,621,000 for Global Health activities. Within this total, the conferees include the following amounts: 

Budget Activity FY 2019 

Conference 

Global AIDS Program ...................................................................................................................................... $128,421,000 

Global Immunization Program ........................................................................................................................ 226,000,000 

Polio Eradication ................................................................................................................................... 176,000,000 

Measles and Other Vaccine Preventable Diseases ............................................................................... 50,000,000 

Parasitic Diseases/Malaria ............................................................................................................................. 26,000,000 

Global Public Health Protection ..................................................................................................................... 108,200,000 

Global Disease Detection and Emergency Response ............................................................................ 98,400,000 

Global Public Health Capacity .............................................................................................................. 9,800,000 

PUBLIC HEALTH PREPAREDNESS AND RESPONSE

The conferees include $1,465,200,000 for public health preparedness and response activities. Within this total, the conferees 

include the following amounts: 

Budget Activity FY 2019 

Conference 

Public Health Emergency Preparedness Cooperative Agreement .................................................................. $675,000,000 

Academic Centers for Public Health Preparedness ....................................................................................... 8,200,000 

CDC Preparedness and Response .................................................................................................................. 171,800,000 

BioSense ................................................................................................................................................ 23,000,000 

All Other CDC Preparedness ................................................................................................................. 149,000,000 

Strategic National Stockpile ........................................................................................................................... 610,000,000 


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Strategic National Stockpile (SNS).—The conferees direct the 

Secretary to ensure that the administrative transition of the SNS 

from CDC to ASPR covers any programmatic or funding gaps that 

would hinder CDC’s ability to continue their ongoing activities related to the SNS or any other ongoing activity. The conferees reiterate that the Secretary is directed to maintain a strong and central role for CDC in the medical countermeasures enterprise. 

BUILDINGS AND FACILITIES

The conferees include $30,000,000 for Buildings and Facilities. 

CDC-WIDE ACTIVITIES

The conferees include $323,570,000 for CDC-wide activities, 

which includes $163,570,000 in discretionary appropriations and 

$160,000,000 in transfers from the PPH Fund. Within this total, 

the conferees include the following amounts: 

Budget Activity FY 2019 

Conference 

Preventive Health and Health Services Block Grant ..................................................................................... $160,000,000 

Infectious Disease Rapid Response Reserve Fund ........................................................................................ 50,000,000 

Public Health Leadership and Support .......................................................................................................... 113,570,000 

NATIONAL INSTITUTES OF HEALTH

The conferees provide $39,084,000,000 for the National Institutes of Health (NIH), including $711,000,000 from the 21st Century Cures Act (P.L. 114–255), an increase of $2,000,000,000, or 5.4 

percent, above fiscal year 2018. 

The conferees continue the commitment to funding research on 

Alzheimer’s disease and increase funding by $425,000,000 to a total 

of $2,340,000,000 in fiscal year 2019; increase funding for the All 

of Us precision medicine initiative by $86,000,000; increase funding 

for the Brain Research through Advancing Innovative 

Neurotechnologies (BRAIN) Initiative by $29,000,000; and increase 

funding for the Cancer Moonshot by $100,000,000. Other increases 

are described in the Institute and Center headings below. In addition, the conferees provide a funding increase above fiscal year 

2018 to every Institute and Center to continue investments in research that will save lives, lead to new drug and device development, reduce health care costs, and improve the lives of all Americans. 

The conferees appropriate funds authorized in the 21st Century Cures Act (P.L. 114–255). Per the authorization, $400,000,000 

is transferred to the National Cancer Institute (NCI) for cancer research; $57,500,000 to the National Institute of Neurological Disorders and Stroke (NINDS) and $57,500,000 to the National Institute on Mental Health (NIMH) for the BRAIN Initiative; and 

$196,000,000 will be allocated from the NIH Innovation Fund for 

the Precision Medicine Initiative cohort ($186,000,000) and regenerative medicine research ($10,000,000). 

The Common Fund is supported as a set-aside within the Office of the Director at $606,566,000, plus an additional $12,600,000 


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to support pediatric research as authorized by the Gabriella Miller 

Kids First Research Act (P.L. 113–94). 

NATIONAL CANCER INSTITUTE (NCI)

Access to Clinical Trials.—The conferees direct NCI to conduct 

a study to investigate the impact of providing navigation and direct 

patient expense reimbursement associated with participation in 

cancer clinical trials on enrollment, retention, patient outcomes, 

and research outcomes, including among underrepresented and minority communities. NCI shall assess the impact on the overall cost 

of cancer clinical trials as a component of this study. NCI is encouraged to develop the study in consultation with NCI-designated 

Cancer Centers, the National Clinical Trials Network, the NCI 

Community Research Program, and non-profit foundations currently working in this area. The conferees direct NIH to provide a 

description of NCI’s plans for this study to the Committees on Appropriations of the House of Representatives and the Senate within 

90 days from the date of enactment of this Act. 

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

(NINDS)

Opioids Research.—The conferees continue to provide 

$500,000,000 in dedicated funding for research related to opioid addiction, development of opioid alternatives, pain management, and 

addiction treatment. Funding is provided equally to NINDS and 

the National Institute on Drug Abuse (NIDA) and is in addition to 

the $774,000,000 NIH is expected to spend in base funding for 

opioid misuse and addiction treatment as well as pain research. 

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES (NIAID)

Combating Antibiotic-Resistant Bacteria.—The conferees provide $550,000,000 for antibiotic resistance research, an increase of 

$37,000,000 above fiscal year 2018. 

Universal Influenza Vaccine.—The conferees direct NIAID to 

allocate not less than $140,000,000, an increase of $40,000,000, in 

fiscal year 2019 to advance basic, translational, and clinical research necessary to develop a universal influenza vaccine. The conferees encourage NIAID to continue to prioritize investment in the 

basic and clinical scientific research necessary to develop a universal influenza vaccine. 

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES (NIGMS)

Institutional Development Awards (IDeA).—The conferees provide $361,573,000 for IDeA, an increase of $10,998,000. 

NATIONAL INSTITUTE ON DRUG ABUSE (NIDA)

Opioids Research.—The conferees continue to provide 

$500,000,000 in dedicated funding for research related to opioid addiction, development of opioid alternatives, pain management, and 

addiction treatment. Funding is provided equally to NINDS and 

NIDA and is in addition to the $774,000,000 NIH is expected to 

spend in base funding for opioid misuse and addiction treatment as 

well as pain research. 


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NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES

(NIMHD)

Research Centers in Minority Institutions (RCMIs).—The conferees continue to support the core mission of RCMIs to enhance 

the research capacity of minority serving institutions to conduct 

world-class biomedical research that emphasizes minority health 

and health disparities and to develop new investigators in this 

area. The conferees expect RCMIs to receive not less than the fiscal 

year 2018 level with an increase commensurate with the general 

increase for NIMHD. 

NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES

Clinical and Translational Science Awards (CTSA).—The conferees provide $559,736,000 for the CTSA program, an increase of 

$17,025,000 above fiscal year 2018. 

Cures Acceleration Network.—The conferees provide up to 

$80,000,000 for the Cures Acceleration Network. 

OFFICE OF THE DIRECTOR (OD)

Frontotemporal Degeneration (FTD).—The conferees encourage 

NIH to maintain and expand a multi-site infrastructure and network of clinical sites to extend the study of genetic and sporadic 

FTD cohorts. By supporting this research, researchers may increase our knowledge of the natural history of the disease and 

build an infrastructure for biomarker discovery and clinical trials 

in defined FTD cohorts. A key component of this will be to leverage 

recent advances in information technology to create an infrastructure for FTD research that will collect and record data and samples 

in a uniform manner, incorporate patient-reported data, and take 

advantage of new technologies that enable remote monitoring. Development of a data biosphere that supports broad sharing of robust datasets, generated with powerful -omic platforms, will enable 

the broader community of researchers, including younger investigators and scientists from a wide array of fields, to bring their expertise and intellectual curiosity to bear on the challenges currently 

confronting the Alzheimer’s disease and related dementias disorders. In this way, the conferees hope to accelerate the understanding of basic disease mechanisms that may be common across 

forms of dementia and speed the translation of this information 

into much-needed therapeutics. 

Gabriella Miller Kids First Research Act.—The conferees continue bill language for specific funds authorized by the Gabriella 

Miller Kids First Research Act (P.L. 113–94) within the Common 

Fund to support the fifth year of the 10-year Pediatric Research 

Initiative. The conferees request an update in the fiscal year 2020 

Congressional Justification on this effort as described in the House 

and Senate Reports. 

OIG Oversight.—The conferees direct the OD to transfer 

$5,000,000 to the HHS Office of Inspector General (OIG) to support 

increased oversight of NIH’s grant programs. These funds are in 

addition to the resources OIG currently dedicates to oversight of 

NIH. The conferees direct the Inspector General to submit a comprehensive audit plan for its oversight of NIH for fiscal years 2019 


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and 2020 to the Committee on Appropriations of the House of Representatives and the Senate, the Senate Committee on Health, 

Education, Labor and Pensions, and the House Committee on Energy and Commerce not later than 60 days from the date of enactment of this Act, and to brief the Committees on its implementation. In particular, the conferees direct the OIG to examine NIH’s 

oversight of its grantees’ compliance with NIH policies, including 

NIH efforts to ensure the integrity of its grant application evaluation and selection processes. The conferees also direct the OIG to 

examine the effectiveness of NIH’s and grantee institutions’ efforts 

to protect intellectual property derived from NIH-supported research. 

Portfolio Analysis.—The conferees direct the NIH Director to 

conduct a comprehensive study and submit a report to Congress 

not later than one year from the date of enactment of this Act that: 

(1) includes a portfolio analysis of current funding levels for mental 

health and substance use disorder, and (2) identifies the process by 

which the NIH set funding priorities for mental health and substance use disorder programs, including how NIH takes into account newly developed public health needs, disease burden, emerging scientific opportunities, and scientific progress. 

Executive Employee Performance Bonuses.—The conferees direct the NIH Director to provide the Committees on Appropriations 

of the House of Representatives and the Senate with information 

not later than ten days from the date of enactment of this Act 

showing the bonus that each NIH executive employee was eligible 

to receive in fiscal years 2015, 2016, and 2017, and the portion of 

that bonus that each executive ultimately received in each of those 

three years. In addition, the conferees direct NIH to list all of the 

employees who report directly to the Director, and describe the formal and informal processes the Director uses to provide regular 

feedback to his direct reports and assess their performance. Finally, the conferees direct NIH to describe the process it relies 

upon to ensure executive performance plans are as much as possible based upon specific performance results and measurable outcomes. 

Trisomy 21.—The conferees applaud the NIH for significantly 

increasing its investment in Down syndrome research and for the 

NIH Director’s leadership in advancing the trans-NIH initiative the 

Committees included in the fiscal year 2018 appropriation. The 

conferees direct NIH to continue to make investments in Down 

syndrome research that prioritize funding for both research grants 

and early-stage investigators that will expand the current pipeline 

of Down syndrome research, as well as the implementation of the 

new trans-NIH initiative. In addition, the conferees encourage NIH 

to prioritize funding for research for emerging scientific opportunities to improve the health and neurodevelopment of individuals 

with Down syndrome and typical individuals at risk for immune 

system dysregulation, Alzheimer’s disease, cancer, cardiovascular 

disease, and autism. 

Valley Fever.—The conferees understand that based on the recommendation of the independent Data and Safety Monitoring 

Board (DSMB) for the Valley Fever Randomized Controlled Trial 

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tient enrollment, primarily those with Valley Fever. In light of this, 

the DSMB recommended revising the study protocol. Accordingly, 

the conferees direct NIAID to revise expeditiously the study design 

to address the critical need for effective treatment of Valley Fever 

in order to restart enrolling patients before the end of 2018, including increasing the number of participating healthcare provider enrollment sites. Furthermore, the conferees direct NIAID to work 

with stakeholders to develop and implement a plan to maximize 

the number of health care provider patient enrollment sites and 

raise awareness of this study with the broader public with the goal 

of increasing patient enrollment. The conferees direct NIAID to 

provide updates on the Valley Fever RCT revisions on a quarterly 

basis to the Committees on Appropriations of the House of Representatives and the Senate until patient enrollment is restarted, 

as well as a report on maximizing health care provider enrollment 

sites and public awareness plans to increase patient enrollment in 

the revised RCT within 90 days from the date of enactment of this 

Act. 

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

(SAMHSA) 

The conferees strongly encourage SAMHSA to include as eligible applicants in new funding opportunity announcements, States, 

political subdivisions of States, Indian tribes or tribal organizations, health facilities, or programs operated by or in accordance 

with a contract or grant with the Indian Health Service, or other 

public or private nonprofit organizations. The conferees strongly 

encourage SAMHSA to exercise maximum flexibility when developing funding opportunity announcements to ensure that all eligible applicants may apply. 

MENTAL HEALTH

Certified Community Behavioral Health Clinics.—The conferees include $150,000,000 for the Certified Community Behavioral Health Clinics program. SAMHSA should award funds in accordance with the directives found under this heading in Senate 

Report 115–289. 

National Child Traumatic Stress Initiative.—The conferees include an increase of $10,000,000 for the National Child Traumatic 

Stress Initiative. This increase is for the following activities, which 

are subject to the first proviso under this heading in the accompanying bill language: (1) $4,000,000 for mental health services for 

unaccompanied alien children, with a special focus on children who 

were separated from a parent or family unit and subsequently classified as unaccompanied alien children, (2) $3,000,000 for mental 

health services for children in Puerto Rico, (3) $1,000,000 to expand 

access to tribal populations, and (4) $2,000,000 for activities authorized under section 582(d) and (e) of the Public Health Service 

Act. In order to award funds not later than December 1, 2018, the 

conferees direct SAMHSA to take administrative action that would 

provide supplemental awards to existing grantees in the National 

Child Traumatic Stress Network who have already received Federal funding through a competitive process. 


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Within the total provided for Mental Health Programs of Regional and National Significance (PRNS), the conferees include the 

following amounts: 

Budget Activity FY 2019 Conference 

Capacity: 

Seclusion and Restraint ........................................................................................................................ $1,147,000 

Project Aware State Grants ................................................................................................................... 71,001,000 

Mental Health Awareness Training ....................................................................................................... 20,963,000 

Healthy Transitions ................................................................................................................................ 25,951,000 

Infant and Early Childhood Mental Health ........................................................................................... 5,000,000 

Children and Family Programs ............................................................................................................. 7,229,000 

Consumer and Family Network Grants ................................................................................................. 4,954,000 

Mental Health System Transformation and Health Reform .................................................................. 3,779,000 

Project LAUNCH ..................................................................................................................................... 23,605,000 

Primary and Behavioral Health Care Integration ................................................................................. 49,877,000 

National Strategy for Suicide Prevention .............................................................................................. 11,200,000 

Zero Suicide .................................................................................................................................. 9,200,000 

American Indian and Alaskan Native ................................................................................. 2,200,000 

Suicide Lifeline ...................................................................................................................................... 12,000,000 

Garrett Lee Smith—Youth Suicide Prevention—States ....................................................................... 35,427,000 

Garrett Lee Smith—Youth Suicide Prevention—Campus .................................................................... 6,488,000 

American Indian and Alaskan Native Suicide Prevention Initiative ..................................................... 2,931,000 

Homelessness Prevention Programs ...................................................................................................... 30,696,000 

Tribal Behavioral Grants ....................................................................................................................... 20,000,000 

Minority AIDS ......................................................................................................................................... 9,224,000 

Criminal and Juvenile Justice Programs ............................................................................................... 4,269,000 

Assisted Outpatient Treatment ............................................................................................................. 15,000,000 

Assertive Community Treatment for Individuals with Serious Mental Illness ..................................... 5,000,000 

Science and Service: 

Garrett Lee Smith—Suicide Prevention Resource Center .................................................................... 5,988,000 

Practice Improvement and Training ...................................................................................................... 7,828,000 

Primary/Behavioral Health Integration T.A. ........................................................................................... 1,991,000 

Consumer & Consumer Support T.A. Centers ....................................................................................... 1,918,000 

Minority Fellowship Program ................................................................................................................. 8,059,000 

Disaster Response ................................................................................................................................. 1,953,000 

Homelessness ........................................................................................................................................ 2,296,000 

Project AWARE.—Within the amount provided for Project 

AWARE, the conferees include not less than $10,000,000 for discretionary grants as described in Senate Report 115–289. 

Suicide Lifeline.—The conferees include $12,000,000 for the 

National Suicide Prevention Lifeline, an increase of $4,802,000. 

The conferees support efforts to expand and enhance access to the 

suicide lifeline nationwide. 

SUBSTANCE ABUSE TREATMENT

State Opioid Response Grants.—The conferees include 

$1,500,000,000 for grants to States to address the opioid crisis. Bill 

language provides $50,000,000 for grants to Indian tribes or tribal 

organizations. In addition, bill language includes a 15 percent setaside for States with the highest age-adjusted mortality rate related to opioid use disorders. The conferees direct SAMHSA to adhere to the directives under this heading in Senate Report 115– 

289. 

Within the total provided for Substance Abuse Treatment Programs of Regional and National Significance, the conferees include 

the following amounts: 


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Budget Activity FY 2019 

Conference 

Capacity: 

Opioid Treatment Programs/Regulatory Activities ................................................................................ $8,724,000 

Screening, Brief Intervention, Referral, and Treatment ........................................................................ 30,000,000 

PHS Evaluation Funds .................................................................................................................. 2,000,000 

Targeted Capacity Expansion—General ............................................................................................... 100,192,000 

Medication-Assisted Treatment for Prescription Drug and Opioid Addiction .............................. 89,000,000 

Grants to Prevent Prescription Drug/Opioid Overdose .......................................................................... 12,000,000 

First Responder Training ....................................................................................................................... 36,000,000 

Rural Set-aside ............................................................................................................................ 18,000,000 

Improving Access to Overdose Treatment ............................................................................................. 1,000,000 

Pregnant and Postpartum Women ........................................................................................................ 29,931,000 

Building Communities of Recovery ....................................................................................................... 6,000,000 

Recovery Community Services Program ................................................................................................ 2,434,000 

Children and Families ........................................................................................................................... 29,605,000 

Treatment Systems for Homeless .......................................................................................................... 36,386,000 

Minority AIDS ......................................................................................................................................... 65,570,000 

Criminal Justice Activities ..................................................................................................................... 89,000,000 

Drug Courts .................................................................................................................................. 70,000,00 

Science and Service: 

Addiction Technology Transfer Centers ................................................................................................. 9,046,000 

Minority Fellowship Program ................................................................................................................. 4,789,000 

Grants to Prevent Prescription Drug/Opioid Overdose and First 

Responder Training.—The conferees encourage SAMHSA to ensure 

grantees incorporate robust evidence based intervention training 

and facilitate linkage to treatment and recovery services. 

Medication-Assisted Treatment for Prescription Drug and 

Opioid Addiction.—The conferees include $89,000,000 for the Medication-Assisted Treatment for Prescription Drug and Opioid Addiction program. Within this amount, the conferees include 

$10,000,000 for grants to Indian tribes, tribal organizations, or consortia. 

Report on Medication-Assisted Treatment.—Not later than 180 

days from the date of enactment of this Act, the Assistant Secretary shall submit a report on medication-assisted treatment as 

described in section 242 of division B of H.R. 6157 as passed by the 

Senate on August 23, 2018. 

Volcanic Eruption.—The Assistant Secretary shall provide 

technical assistance to any State or county impacted by a volcanic 

eruption as stated in section 245 of division B of H.R. 6157 as 

passed by the Senate on August 23, 2018. 

SUBSTANCE ABUSE PREVENTION

The conferees direct all funding appropriated explicitly for substance abuse prevention purposes both in the Center for Substance 

Abuse Prevention’s PRNS lines as well as the funding from the 20 

percent prevention set-aside in the Substance Abuse Prevention 

and Treatment Block Grant be used only for bona fide substance 

abuse prevention programs and not for any other purpose. 

Within the total provided for Substance Abuse Prevention Programs of Regional and National Significance, the conferees include 

the following amounts: 

Budget Activity FY 2019 

Conference 

Capacity: 

Strategic Prevention Framework/Partnerships for Success .................................................................. $119,484,000 


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Budget Activity FY 2019 

Conference 

Strategic Prevention Framework Rx ............................................................................................. 10,000,000 

Mandatory Drug Testing ........................................................................................................................ 4,894,000 

MinorityAIDS ........................................................................................................................................... 41,205,000 

Sober Truth on Preventing Underage Drinking (STOP Act) ................................................................... 8,000,000 

National Adult-Oriented Media Public Service Campaign ........................................................... 1,000,000 

Community-based Coalition Enhancement Grants ...................................................................... 6,000,000 

Intergovernmental Coordinating Committee on the Prevention of Underage Drinking ............... 1,000,000 

Tribal Behavioral Health Grants ........................................................................................................... 20,000,000 

Science and Service: 

Center for the Application of Prevention Technologies ........................................................................ 7,493,000 

Science and Service Program Coordination .......................................................................................... 4,072,000 

Minority Fellowship Program ................................................................................................................. 321,000 

Center for the Application of Prevention Technologies.—The 

conferees encourage the Assistant Secretary to expand eligibility 

for grants under SAMHSA’s Prevention Programs of Regional and 

National Significance and the corresponding services provided by 

the Center for the Application of Prevention Technologies to private, non-profit, regional organizations, including faith-based organizations. In addition, the conferees direct SAMHSA to submit a 

report on this program, including the rationale behind the structural and organizational changes, by September 30, 2019. 

HEALTH SURVEILLANCE AND PROGRAM SUPPORT

Within the total provided for health surveillance and program 

support, the conferees include the following amounts: 

Budget Activity FY 2019 

Conference 

Health Surveillance ........................................................................................................................................ $47,258,000 

PHS Evaluation Funds ........................................................................................................................... 30,428,000 

Program Management .................................................................................................................................... 79,000,000 

Performance and Quality Information Systems ............................................................................................. 10,000,000 

Drug Abuse Warning Network ........................................................................................................................ 10,000,000 

Public Awareness and Support ...................................................................................................................... 13,000,000 

Behavioral Health Workforce Data ................................................................................................................. 1,000,000 

PHS Evaluation Funds ........................................................................................................................... 1,000,000 

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

HEALTHCARE RESEARCH AND QUALITY

The conferees provide $338,000,000 for the Agency for 

Healthcare Research and Quality. Within the total, the conferees 

include the following amounts: 

Budget Activity FY 2019 

Conference 

Prevention/Care Management ........................................................................................................................ 11,649,000 

Health Information Technology (IT) ................................................................................................................ 16,500,000 

Patient Safety Research ................................................................................................................................. 72,276,000 

Health Services Research, Data, and Dissemination .................................................................................... 96,284,000 

Medical Expenditure Panel Survey ................................................................................................................. 69,991,000 

Program Management .................................................................................................................................... 71,300,000 

Within the patient safety portfolio, the conferees include 

$2,000,000 to support grants to address diagnostic errors, which 

may include the establishment of Research Centers of Diagnostic 


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Excellence to develop systems and new technology solutions to improve diagnostic safety and quality. 

Population Health Research.—The conferees provide $2,000,000 

for the Director, in consultation with the Centers for Medicare & 

Medicaid Services, to establish a program to explore the effectiveness of data computing analytics to identify trends in chronic disease management and support the development of protocols for 

intervention and utilization of health care navigators to carry out 

those intervention strategies. The Director shall work in cooperation with qualified public institutions of higher education. 

CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS) 

PROGRAM MANAGEMENT

Health Insurance Exchange Transparency.—The conferees continue to include bill language in section 220 that requires CMS to 

provide cost information for the following categories: Federal Payroll and Other Administrative Costs; Exchange-related Information 

Technology (IT); Non-IT Program Costs, including Health Plan 

Benefit and Rate Review, Exchange Oversight, Payment and Financial Management, Eligibility and Enrollment; Consumer Information and Outreach, including the Call Center, Navigator Grants 

and Consumer Education and Outreach; Exchange Quality Review; 

Small Business Health Options Program and Employer Activities; 

and Other Exchange Activities. Cost information should be provided for each fiscal year since the enactment of the Patient Protection and Affordable Care Act (P.L. 111–148). CMS is also required 

to include the estimated costs for fiscal year 2020. 

Report on Certain Payments.—The conferees direct the Secretary to provide a report as stated in section 251 of division B of 

H.R. 6157 as passed by the Senate on August 23, 2018. 

ADMINISTRATION FOR CHILDREN AND FAMILIES (ACF) 

LOW INCOME HOME ENERGY ASSISTANCE

The conferees include an increase of $50,000,000 for the Low 

Income Home Energy Assistance Program. This program provides 

critical assistance with home energy costs to low-income households, with a focus on seniors and homes with young children. Such 

assistance can be particularly valuable for geographic regions that 

experience extreme temperatures in the winter and summer 

months. 

REFUGEE AND ENTRANT ASSISTANCE

The conferees note that the front matter of this joint explanatory statement establishes that language included in the House 

and Senate Reports should guide the Department. In cases where 

either the House or Senate Report address a particular issue not 

addressed in this joint explanatory statement, the House or Senate 

Report language is deemed to carry the same emphasis as language 

included in this joint explanatory statement. Accordingly, the conferees expect the Department to adhere to all directives and reporting requirements in House Report 115–862 and Senate Report 115– 

289 related to the Unaccompanied Alien Children and refugee and 


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entrant assistance programs. The conferees request an update on 

all reporting requirements in the fiscal year 2020 Congressional 

Justification. 

In addition to the directives and reporting requirements contained in the House and Senate reports, the conferees expect the 

Department to adhere to the following directives and requirements 

outlined in H.R. 6470, as if they were included in this joint explanatory statement, sections 235 (relating to sibling placement), 236 

(relating to monthly reporting), 539 (relating to a Sense of Congress), 541 (relating to preliterate children), and 542 (relating to 

mental health). For sections 541 and 542, the conferees request the 

reports described within 45 days from the date of enactment of this 

Act. 

Legal Services.—In addition to expectations described in Senate Report 115–289, the conferees expect the Office of Refugee Resettlement to ensure service providers are qualified, independent, 

and free from conflicts of interest. 

Refugee Support Services.—Given recent fluctuations in refugee 

arrivals, consolidation of programs administered by the Office of 

Refugee Resettlement, and announced policy changes to State Department programs related to national resettlement networks, the 

Committees on Appropriations of the House of Representatives and 

the Senate request a briefing not later than 45 days after the date 

of enactment of this Act. Such briefing shall address the Office of 

Refugee Resettlement’s plans to ensure adequate services for eligible populations, to include refugees, asylees, trafficking victims, 

Cuban or Haitian entrants, and Special Immigrant Visa holders. 

Stop, Observe, Ask, Respond (SOAR) Program.—The conferees 

include not less than the fiscal year 2018 level to carry out the 

SOAR to Health and Wellness Program to train health care and social service providers on how to identify, treat, and respond appropriately to human trafficking. 

Transitional and Medical Services.—The conferees provide a 

funding level consistent with the current estimate of eligible arrivals. The conferees affirm the expectations outlined in Senate Report 115–289, including ACF maintaining the number of months 

refugees are eligible for benefits. 

Unaccompanied Alien Children and the Administration of 

Medication.—Except in the case of a medical emergency, the Office 

of Refugee Resettlement of the Administration for Children and 

Families shall assure that prior to being dispensed psychotropic 

medication, an unaccompanied alien child (as defined in section 

462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) 

in the care of such Office receives a physical and mental health 

evaluation, including by a qualified pediatric mental health professional, including a trauma assessment and an assessment for 

comorbidities. 

Unaccompanied Alien Children and Questions Relating to Religion.—None of the funds made available by this Act may be used 

by the Office of Refugee Resettlement of the Administration for 

Children and Families, or any contractor of such Office, to ask any 

question or to gather any information relating to the religion, the 

practice of religion, or the frequency of religious observation of a 

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sequently classified as an unaccompanied alien child (as defined in 

section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 

279(g)(2))) or of that child’s parent or legal guardian, during the 

process of reunifying such a child with that parent or legal guardian, except for the purpose of accommodating the religious preferences of the child or parent or legal guardian, or for the purpose 

of a claim of the child or parent or legal guardian under the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) related to persecution 

on the basis of religion. 

Victims of Trafficking.—The conferees include $19,000,000 for 

services for foreign national victims and $7,755,000 for services for 

U.S. citizens and legal permanent residents. 

CHILDREN AND FAMILIES SERVICES PROGRAMS

Child Abuse Prevention and Treatment Act Infant Plans of Safe 

Care.—The conferees include $60,000,000 in continued funding 

within Child Abuse State Grants to help States develop and implement plans of safe care as required by section 106(b)(2)(B)(iii) of 

the Child Abuse Prevention and Treatment Act. The conferees direct ACF to provide technical assistance to States on best practices 

and evidence-based interventions in this area to help address the 

health, safety, and substance use disorder treatment needs of the 

child and family, and to evaluate State’s activities on plans of safe 

care. 

Child Abuse Reporting.—In order to improve compliance with 

the State assurance in regards to section 106(b)(2)(B)(i) of the 

Child Abuse Prevention and Treatment Act, the conferees strongly 

support efforts by HHS to develop evidence-informed best practices 

in State training and procedures to improve reporting of suspected 

or known incidents of child abuse or neglect to the appropriate law 

enforcement or child welfare agency (as applicable under State law) 

and, if applicable, to the individual’s supervisor or employer, including reporting by individuals employed by or volunteering in 

youth-serving organizations. The conferees request an update in 

the fiscal year 2020 Congressional Justification on this topic and 

a briefing on ACF’s child abuse programs within 90 days after the 

date of enactment of this Act. 

Child Abuse Discretionary Activities.—Within the funding for 

Child Abuse Discretionary Activities, the conferees include 

$1,000,000 to continue support for an innovation grant to develop 

text- and online chat-based intervention and education services 

through a national child abuse hotline for child abuse victims and 

concerned adults. In addition to funds previously provided for this 

purpose, the conferees direct ACF to obligate the entire funding to 

support one additional year of the grant. 

Community Economic Development.—The conferees direct ACF 

to issue a funding opportunity announcement prioritizing applications from rural areas with high rates of poverty, unemployment, 

and substance use disorders. 

Early Head Start (EHS).—The conferees include a $50,000,000 

increase for Early Head Start expansion and Early Head StartChild Care Partnership (EHS–CCP) grants. The conferees direct 

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CCP, as determined by the needs of local communities. The conferees request ACF includes information regarding EHS and EHS– 

CCP grants in the fiscal year 2020 Congressional Justification. 

Native American Programs.—The conferees include 

$12,000,000 for Native American language preservation activities, 

including $3,000,000 for Generation Indigenous, and not less than 

$4,000,000 for language immersion programs authorized by section 

803C(b)(7)(A)–(C) of the Native American Programs Act. 

Runaway and Homeless Youth.—The conferees include 

$110,280,000 for the Runaway and Homeless Youth program. The 

conferees direct the Department to provide funding to the grantees 

whose awards end on March 31, 2019 to continue services through 

the end of fiscal year 2019. ACF may use any remaining funding 

for new awards after funds have been reserved for completing extensions to ensure grantees awarded grants in fiscal year 2014 are 

able to operate through the end of fiscal year 2019. 

PROMOTING SAFE AND STABLE FAMILIES

Kinship Navigator Programs.—The conferees continue 

$20,000,000 in temporary bridge funding for kinship navigator programs in fiscal year 2019 because the Department has not yet identified which evidence-based programs are eligible for funding or 

issued other guidance to States about how to claim the IV–E 

matching funds for this purpose. The conferees expect HHS to identify eligible approaches and issue guidance in time for States to use 

IV–E funds for kinship programs. 

Regional Partnership Grants.—The conferees include 

$20,000,000 for Regional Partnership Grants to improve the coordination of services for children and families affected by opioid and 

other substance use disorders. The conferees strongly encourage 

ACF to prioritize applicants who will focus on preparing programs 

to qualify as evidence-based foster care prevention services under 

the Family First Prevention Services Act (P.L. 115–123), to include 

family-focused residential treatment programs, which help families 

remain together safely while parents receive treatment. 

ADMINISTRATION FOR COMMUNITY LIVING (ACL) 

AGING AND DISABILITY SERVICES PROGRAMS

Aging Network Support Activities.—The conferees include 

$17,461,000 for Aging Network Support Activities. Within this 

amount, the conferees provide $5,000,000 for the Holocaust Survivor’s Assistance program and $5,000,000 for Care Corps grants 

as described under this heading in House Report 115–862. 

Assistive Technology.—The conferees include $2,000,000 for 

competitive grants as described under this heading in House Report 115–862. 

Elder Rights Support Activities.—The conferees include 

$15,874,000 for Elder Rights Support Activities. Within this 

amount, the conferees provide $12,000,000 for the Elder Justice 

and Adult Protective Services program. 

Developmental Disabilities Projects of National Significance.— 

The conferees include $12,000,000 for Developmental Disabilities 

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vides not less than $1,000,000 to fund transportation assistance activities for older adults and persons with disabilities. The transportation activities should focus on the most cost-effective and sustainable strategies that can be replicated in other communities. 

Family Caregivers.—The conferees include $300,000 to establish and carry out activities of the Family Caregiving Advisory 

Council as authorized under the RAISE Family Caregivers Act 

(P.L. 115–119). The conferees also include $300,000 to establish the 

Advisory Council to Support Grandparents Raising Grandchildren 

as authorized under section 3 of the Supporting Grandparents 

Raising Grandchildren Act (P.L. 115–196). 

Independent Living.—The conferees include $116,183,000 for 

the Independent Living program, of which $25,378,000 is for the 

Independent Living State Grants program and $90,805,000 is for 

the Centers for Independent Living program. 

National Institute on Disability, Independent Living, and Rehabilitation Research.—The conferees include an additional 

$4,000,000 to fund competitive research grants as described under 

the heading Assistive Technology Research in Senate Report 115– 

289. 

Paralysis Resource Center.—The conferees include $8,700,000 

for the National Paralysis Resource Center (PRC), an increase of 

$1,000,000. The conferees direct ACL to continue support for the 

PRC at not less than the fiscal year 2018 level. 

Senior Nutrition.—The conferees include $906,753,000 for senior nutrition programs, an increase of $10,000,000. 

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

Nonrecurring Expenses Fund.—The conferees direct the Secretary to prioritize obligations from the Nonrecurring Expenses 

Fund for the following projects: Indian Health Services facilities, 

Cybersecurity, Food and Drug Administration laboratory renovations, NIH chillers, and the CDC National Institute for Occupational Safety and Health facility. The conferees direct the Secretary 

to include as part of the NIOSH facility an additional $19,000,000 

above previously notified amounts. 

Research on Poverty.—The conferees include sufficient funding 

for the Office of the Assistant Secretary for Planning and Evaluation (ASPE) to continue the existing Poverty Research Center cooperative agreement in fiscal year 2019. The conferees expect ASPE 

to fund the third year of this five-year cooperative agreement at 

the same level as fiscal year 2018. 

Staffing Reports.—The conferees include a new general provision requiring the Department to submit a staffing report to the 

Committees on Appropriations of the House of Representatives and 

the Senate (Committees) by the 15th day of each month. The Excel 

table shall include: the names, titles, grades, agencies, and divisions of all of the political appointees, special government employees, and detailees that were employed by or assigned to the Department during the previous month. 

Technical Assistance.—The conferees reiterate the importance 

of the long standing relationship between the Committees and the 


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Department’s Office of the Assistant Secretary for Financial Resources (ASFR). The Committees have long relied on ASFR to facilitate the Committees’ requests for legal and technical feedback 

that is not covered by a legitimate claim of privilege, as well as 

technical assistance to ensure the Committees’ guidance is implemented as intended. The Committees expect that all technical assistance requests be dealt with in a manner that is consistent with 

past precedent, including timely answers that respond to any specific inquiries. 

Traumatic Brain Injury.—Not later than one year after the 

date of enactment of this Act, the Comptroller General shall submit 

a study on the relationship between intimate partner violence and 

traumatic brain injury as described in section 240 of division B of 

H.R. 6157 as passed by the Senate on August 23, 2018. 

Violence Against Women.—The conferees include $3,100,000 to 

combat violence against women through the State partnership initiative. 

OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION

TECHNOLOGY

The Secretary shall provide a status report on rulemaking as 

described in section 239 of division B of H.R. 6157 as passed by the 

Senate on August 23, 2018. 

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

The conferees include a program level of $2,021,458,000 for the 

Public Health and Social Services Emergency Fund. This funding 

will support a comprehensive program to prepare for and respond 

to the health and medical consequences of all public health emergencies, including bioterrorism, and support the cybersecurity efforts of HHS. 

GENERAL PROVISIONS

Prevention and Public Health Fund.—The conferees include 

the following allocation of amounts from the Prevention and Public 

Health Fund. 

PREVENTION AND PUBLIC HEALTH FUND 

Agency Budget Activity FY 2019 

Conference 

ACL Alzheimer’s Disease Program ...................................................................................................... $14,700,000 

ACL Chronic Disease Self-Management ............................................................................................. 8,000,000 

ACL Falls Prevention ........................................................................................................................... 5,000,000 

CDC Breast Feeding Grants (Hospitals Promoting Breastfeeding) .................................................... 8,000,000 

CDC Diabetes ....................................................................................................................................... 52,275,000 

CDC Epidemiology and Laboratory Capacity Grants ........................................................................... 40,000,000 

CDC Healthcare Associated Infections ................................................................................................ 12,000,000 

CDC Heart Disease & Stroke Prevention Program .............................................................................. 57,075,000 

CDC Million Hearts Program ............................................................................................................... 4,000,000 

CDC Office of Smoking and Health .................................................................................................... 129,600,000 

CDC Preventative Health and Health Services Block Grants ............................................................. 160,000,000 

CDC Section 317 Immunization Grants .............................................................................................. 320,550,000 

CDC Lead Poisoning Prevention .......................................................................................................... 17,000,000 

CDC Early Care Collaboratives ............................................................................................................ 4,000,000 

SAMHSA Garrett Lee Smith—Youth Suicide Prevention ........................................................................... 12,000,000 


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The conferees include bill language rescinding unobligated balances. 

The conferees include a new provision related to a report on 

staffing. 

The conferees include a new provision allowing HHS to cover 

travel expenses when necessary for employees to obtain medical 

care when they are assigned to duty in a location with a public 

health emergency. 

The conferees include a new provision establishing an Infectious Disease Rapid Response Reserve Fund within CDC. 

The conferees include a new provision relating to donations for 

unaccompanied alien children. 

The conferees include a new provision requesting a plan on the 

reunification of children separated from a parent or legal guardian. 

The conferees include a new provision relating to Members of 

Congress and oversight of facilities responsible for the care of unaccompanied alien children. 

TITLE III 

DEPARTMENT OF EDUCATION 

INNOVATION AND IMPROVEMENT

Education Innovation and Research (EIR).—Within the total 

for EIR, the conferees include $60,000,000 for STEM education activities, including computer science. 

Charter Schools Program.—The conferees include 

$135,000,000, an increase of $15,000,000, for replicating and expanding high-quality charter school models; $235,000,000, an increase of $19,000,000, for grants to State entities to support highquality charter schools; and $55,000,000 for facilities financing assistance, of which not less than $45,000,000 shall be for the Credit 

Enhancement program. In addition, the conferees include up to 

$7,500,000 for developer grants to establish or expand charter 

schools in underserved, high-poverty, rural areas, as described in 

Senate Report 115–289. 

SAFE SCHOOLS AND CITIZENSHIP EDUCATION

Within School Safety National Activities, not more than 

$10,000,000 may be for a demonstration program to test and evaluate innovative partnerships between institutions of higher education and States or high-need local educational agencies to train 

school counselors, social workers, psychologists, or other mental 

health professionals qualified to provide school-based mental health 

services, with the goal of expanding the pipeline of these workers 

into low-income public elementary schools and secondary schools in 

order to address the shortages of mental health service professionals in such schools. 

SPECIAL EDUCATION

Within the total for Technical Assistance and Dissemination, 

$17,583,000 is for education activities authorized under P.L. 108– 

406, as amended. 


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SPECIAL INSTITUTIONS

The conferees include funding for regional partnerships under 

the headings American Printing House for the Blind, National 

Technical Institute for the Deaf, and Gallaudet University in the 

amounts and as described in Senate Report 115–289. 

CAREER, TECHNICAL AND ADULT EDUCATION

The conferees agree that the Secretary should use the authority in the Carl D. Perkins Career and Technical Education Act to 

award innovation and modernization grants. These grants can support coding programs that can be particularly important in rural 

and underserved areas that do not have access to coding resources. 

STUDENT FINANCIAL ASSISTANCE

The conferees include a $100 increase in the discretionary 

maximum Pell grant award, increasing the total maximum award, 

including additional mandatory funding, to $6,195 in award year 

2019–2020. 

HIGHER EDUCATION

GEAR UP.—The conferees direct the Department to announce 

Notices Inviting Applications for New Awards for State Grants and 

Partnership Grants in the Federal Register. In such notice for 

State grants, the conferees direct the Department to uphold the 

long-standing guidance that States may only administer one active 

State GEAR UP grant at a time. The Secretary is directed to provide written guidance in the Federal Register notifying applicants 

that only States without an active State GEAR UP grant, or States 

that have an active State GEAR UP grant that is scheduled to end 

prior to October 1, 2019, will be eligible to receive a new State 

GEAR UP award funded in whole or in part by this appropriation. 

Federal TRIO Programs.—The conferees reiterate concerns 

communicated in both the House and Senate reports related to the 

allocation of the fiscal year 2018 funding for TRIO programs. The 

Department’s plan disregarded House direction to allocate funding 

in the same ratio as the prior fiscal year. In addition, there is also 

concern that the Department may be placing burdensome requirements for the existing awardees in order for them to receive any 

additional funding. The conferees direct the Department to include 

in its fiscal year 2020 Congressional Justification information 

about how these additional funds were awarded, including a detailed budget justification. Additionally, the conferees expect plans 

for funding allocations by activity within the TRIO programs to be 

included in the operating plan required under section 516 of this 

Act. Last, the conferees direct the Department to brief the Committees on Appropriations of the House of Representatives and the 

Senate on final funding allocations at least 30 days prior to the 

awarding of additional funding and/or the posting of a Notice Inviting Applications for New Awards. 

Open Textbooks Pilot.—The conferees recommend that the Secretary award the funds provided in this Act through a new competition and make not less than 20 new grants with individual 


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grants of between $100,000 and $1,000,000. The conferees recommend that the application deadline for the notice inviting grant 

applications for fiscal year 2019 be not less than 60 days from the 

date the notice is published. Further, any tools, technologies, or 

other resources that are created, developed, or improved wholly or 

in part with Pilot funds for use with an open textbook must be licensed under a worldwide, non-exclusive, royalty-free, perpetual, 

and irrevocable license to the public to exercise any of the rights 

under copyright conditioned only on the requirement that attribution be given as directed by the copyright owner. 

HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

FINANCING PROGRAM

The conferees include additional funding for the deferment of 

outstanding loans for private historically Black colleges and universities. Based on current estimates, the conferees expect this funding will allow the Department to fund all 13 eligible requests for 

loan deferment it received during fiscal year 2018. 

INSTITUTE OF EDUCATION SCIENCES

The conferees direct the National Assessment Governing Board 

to brief the Committees on Appropriations of the House of Representatives and the Senate within 60 days from the date of enactment of this Act on the resources required to administer a longterm trend assessment by 2021. 

DEPARTMENTAL MANAGEMENT

The conferees note that the front matter of this joint explanatory statement establishes that the Department should be guided 

by language included in the House and Senate Reports, and when 

the House or Senate Report address a particular issue not addressed in this explanatory statement, the House or Senate Report 

should carry the same emphasis as language included in this explanatory statement. 

The conferees reiterate concern expressed in Senate Report 

115–289 regarding the Department’s responsiveness to technical 

assistance requests and continues to note that it expects the Department to comply in a timely manner with its requests for technical assistance and information, consistent with past practice including timely answers that respond to any specific inquiries. 

Computer Science Education.—The conferees agree that computer science education programs, including coding academies, can 

provide important benefits to local industries and the economy and 

help meet in-demand workforce needs. Therefore, the Departments 

of Labor and Education should work together with industry to improve and expand computer science education programs and opportunities, including through apprenticeships. 

Reorganization.—The conferees acknowledge the Department’s 

efforts to brief congressional committees on its reorganization 

plans. However, concerns remain that the views of stakeholders are 

not being adequately addressed. In particular, the conferees recognize the value of the Office of English Language Acquisition and 

the Office of Career, Technical and Adult Education (OCTAE) and 


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are concerned that the elimination or consolidation of either office 

will undermine the ability of the Department to fulfill not only its 

mission, but also congressional directives to implement relevant 

programs and purposes. Further, the conferees note that OCTAE is 

authorized expressly in statute and cannot be consolidated or reorganized except by specific authority granted by Congress. 

STEM Education.—The conferees direct the Secretary to submit the report described in section 313 of division B of H.R. 6157 

as passed by the Senate on August 23, 2018. 

Study on School Facilities.—The conferees delete without prejudice section 315 of the Senate bill and direct the Comptroller General of the United States to conduct a study on the condition of the 

public school facilities (including charter schools) of the United 

States and their adequacy to support a 21st century education as 

described in section 315 of division B of H.R. 6157 as passed by the 

Senate on August 23, 2018. 

GENERAL PROVISIONS

The conferees include a new provision allowing administrative 

funds to cover outstanding Perkins loans servicing costs. 

The conferees include a new provision allowing for loan 

deferment for borrowers with certain medical conditions. 

The conferees include a new provision rescinding unobligated 

discretionary balances previously appropriated for the Pell grant 

program. 

The conferees modify a provision rescinding fiscal year 2019 

mandatory funding to offset the mandatory costs of increasing the 

discretionary Pell award. 

The conferees modify a provision clarifying current law regarding data sharing with organizations assisting students in applying 

for financial aid. 

The conferees include a new provision extending and expanding Impact Aid hold harmless provisions to address a unique eligibility issue, based on a sudden change in longstanding precedent 

in eligibility determinations relating to local tax rate calculations. 

TITLE IV 

RELATED AGENCIES 

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE (CNCS) 

Innovation, Demonstration, and Other Activities.—The conferees include $7,600,000 for innovation, demonstration, and assistance activities. Within the total, the conferees recommend 

$5,400,000 for the Volunteer Generation Fund. The conferees also 

include a total of $2,200,000 for National Days of Service, to be allocated equally between the September 11 National Day of Service 

and Remembrance and the Martin Luther King, Jr. National Day 

of Service, two important national events. 

Commission Investment Fund (CIF).—The conferees include 

not less than $8,500,000 for CIF, which provides funds to State 

commissions for training and technical assistance activities to expand the capacity of current and potential AmeriCorps programs, 

particularly in underserved areas. 


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INSTITUTE OF MUSEUM AND LIBRARY SERVICES

Within the total for the Institute of Museum and Library Services, the conferees include funds for the following activities: 

Budget Activity FY 2019 

Conference 

Library Services Technology Act: 

Grants to States .................................................................................................................................... $160,803,000 

Native American Library Services ......................................................................................................... 5,063,000 

National Leadership: Libraries .............................................................................................................. 13,406,000 

Laura Bush 21st Century Librarian ...................................................................................................... 10,000,000 

Museum Services Act: 

Museums for America ........................................................................................................................... 22,899,000 

Native American/Hawaiian Museum Services ....................................................................................... 1,472,000 

National Leadership: Museums ............................................................................................................. 8,113,000 

African American History and Culture Act: 

Museum Grants for African American History & Culture ..................................................................... 2,231,000 

Research, Analysis, and Data Collection ....................................................................................................... 3,013,000 

Program Administration ................................................................................................................................. 15,000,000 

TOTAL ..................................................................................................................................................... 242,000,000 

RAILROAD RETIREMENT BOARD

The conferees include $10,000,000 within the Limitation on 

Administration account for the implementation of information technology systems modernization efforts for fiscal year 2019, in addition to the $10,000,000 provided in fiscal year 2018. The Railroad 

Retirement Board is directed to continue to submit quarterly updates to the Committees on Appropriations of the House of Representatives and the Senate on the project status, completed and 

remaining activities, timelines to completion, and the total cost of 

development until project completion. 

SOCIAL SECURITY ADMINISTRATION (SSA) 

LIMITATION ON ADMINISTRATIVE EXPENSES

Administrative Law Judges.—It is vital that Administrative 

Law Judges (ALJs) be independent, impartial, and selected based 

on their qualifications. The conferees expect SSA to maintain a 

high standard for the appointment of ALJs, including the requirement that ALJs have demonstrated experience as a licensed attorney and pass an ALJ examination administered by the Office of 

Personnel Management. 

Consultative Examinations.—The conferees support efforts by 

SSA to pursue, where practicable, and in conjunction with State 

Disability Determination Services, pilot demonstrations that would 

evaluate the feasibility of, potential administrative savings from, 

and potential for improvements in the quality of consultative examinations from the implementation of contracts for consultative 

examinations. In addition, the conferees request SSA include in its 

fiscal year 2020 Congressional Justification the following information: (1) annual number of consultative examinations, including the 

number for each State, (2) the percentage of applicants who require 

a consultative exam, and the share of those exams which are conducted by the treating medical provider, nationally and for each 

state, (3) the number of days for consultative examination compleVerDate Sep 11 2014 02:05 Sep 15, 2018 Jkt 031484 PO 00000 Frm 00551 Fmt 6601 Sfmt 6601 E:\HR\OC\HR952.XXX HR952

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tion nationally, including the number of days for each State, and 

(4) the total cost of consultative examinations nationally, including 

the cost of consultative examinations by State. 

Disability Case Processing System (DCPS).—The conferees support efforts to modernize the case processing systems used by State 

Disability Determination Service agencies. Division H of the Consolidated Appropriations Act, 2018 underscored States’ ability to 

select from all available options to modernize their case processing 

systems. The conferees remain concerned with the progress of the 

DCPS upgrade. Within 90 days from the date of enactment of this 

Act, SSA shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate and the authorizing committees of jurisdiction. Such report shall include: (1) 

an update on the actions taken by SSA to permit States the ability 

to select from available options, including commercial off the shelf 

(COTS) solutions, to modernize their case processing systems, so 

long as the selected option has similar or better functionality as 

DCPS without imposing costs that are higher than using DCPS, (2) 

actions taken by SSA to enable COTS field production deployment, 

and (3) a description of any challenges, cost constraints, or legal 

barriers to implementation from available options. 

Work Incentives Planning and Assistance (WIPA) and Protection and Advocacy for Beneficiaries of Social Security (PABSS).— The conferees include $23,000,000 for WIPA and $7,000,000 for 

PABSS. 

TITLE V 

GENERAL PROVISIONS

The conferees modify a provision related to Performance Partnership Pilots. 

The conferees include bill language rescinding various unobligated balances. 


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RODNEY P. FRELINGHUYSEN, KAY GRANGER, TOM COLE, KEN CALVERT, STEVE WOMACK, ROBERT B. ADERHOLT, HAROLD ROGERS, MARTHA ROBY, NITA M. LOWEY, PETER J. VISCLOSKY, ROSA DELAURO, LUCILLE ROYBAL-ALLARD, BETTY MCCOLLUM, Managers on the Part of the House. 

RICHARD C. SHELBY, 

ROY BLUNT, 

LINDSEY GRAHAM, 

JERRY MORAN, 

PATRICK J. LEAHY, 

PATTY MURRAY, 

RICHARD J. DURBIN

(Except Senate receding on 

Senate section 252), 

Manager on the Part of the Senate. 

Æ 


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