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[COMMITTEE PRINT] 

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

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

llllllllll , 2018.—Ordered to be printed 

llllllllll , 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: 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Department of Defense 

3 and Labor, Health and Human Services, and Education 

4 Appropriations Act, 2019 and Continuing Appropriations 

5 Act, 2019’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Statement of appropriations. 

DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 

2019 

Title I—Military Personnel 

Title II—Operation and Maintenance 

Title III—Procurement 

Title IV—Research, Development, Test and Evaluation 

Title V—Revolving and Management Funds 

Title VI—Other Department of Defense Programs 

Title VII—Related Agencies 

Title VIII—General Provisions 

Title IX—Overseas Contingency Operations 

DIVISION B—DEPARTMENTS OF LABOR, HEALTH AND HUMAN 

SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019 

Title I—Department of Labor 

Title II—Department of Health and Human Services 

Title III—Department of Education 

Title IV—Related Agencies 

Title V—General Provisions 

DIVISION C—CONTINUING APPROPRIATIONS ACT, 2019 

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1 SEC. 3. REFERENCES. 

2 Except as expressly provided otherwise, any reference 

3 to ‘‘this Act’’ contained in any division of this Act shall 

4 be treated as referring only to the provisions of that divi5 sion. 

6 SEC. 4. STATEMENT OF APPROPRIATIONS. 

7 The following sums in this Act are appropriated, out 

8 of any money in the Treasury not otherwise appropriated, 

9 for the fiscal year ending September 30, 2019. 

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1 DIVISION A—DEPARTMENT OF DEFENSE 

2 APPROPRIATIONS ACT, 2019 

3 TITLE I 

4 MILITARY PERSONNEL 

5 MILITARY PERSONNEL, ARMY

6 For pay, allowances, individual clothing, subsistence, 

7 interest on deposits, gratuities, permanent change of sta8 tion travel (including all expenses thereof for organiza9 tional movements), and expenses of temporary duty travel 

10 between permanent duty stations, for members of the 

11 Army on active duty (except members of reserve compo12 nents provided for elsewhere), cadets, and aviation cadets; 

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

14 for payments pursuant to section 156 of Public Law 97– 

15 377, as amended (42 U.S.C. 402 note), and to the Depart16 ment of Defense Military Retirement Fund, 

17 $42,690,042,000. 

18 MILITARY PERSONNEL, NAVY

19 For pay, allowances, individual clothing, subsistence, 

20 interest on deposits, gratuities, permanent change of sta21 tion travel (including all expenses thereof for organiza22 tional movements), and expenses of temporary duty travel 

23 between permanent duty stations, for members of the 

24 Navy on active duty (except members of the Reserve proSeptember 11, 2018 (8:05 p.m.)
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1 vided for elsewhere), midshipmen, and aviation cadets; for 

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

3 payments pursuant to section 156 of Public Law 97–377, 

4 as amended (42 U.S.C. 402 note), and to the Department 

5 of Defense Military Retirement Fund, $30,164,481,000. 

6 MILITARY PERSONNEL, MARINE CORPS

7 For pay, allowances, individual clothing, subsistence, 

8 interest on deposits, gratuities, permanent change of sta9 tion travel (including all expenses thereof for organiza10 tional movements), and expenses of temporary duty travel 

11 between permanent duty stations, for members of the Ma12 rine Corps on active duty (except members of the Reserve 

13 provided for elsewhere); and for payments pursuant to sec14 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

15 402 note), and to the Department of Defense Military Re16 tirement Fund, $13,779,038,000. 

17 MILITARY PERSONNEL, AIR FORCE

18 For pay, allowances, individual clothing, subsistence, 

19 interest on deposits, gratuities, permanent change of sta20 tion travel (including all expenses thereof for organiza21 tional movements), and expenses of temporary duty travel 

22 between permanent duty stations, for members of the Air 

23 Force on active duty (except members of reserve compo24 nents provided for elsewhere), cadets, and aviation cadets; 

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

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1 for payments pursuant to section 156 of Public Law 97– 

2 377, as amended (42 U.S.C. 402 note), and to the Depart3 ment of Defense Military Retirement Fund, 

4 $30,074,691,000. 

5 RESERVE PERSONNEL, ARMY

6 For pay, allowances, clothing, subsistence, gratuities, 

7 travel, and related expenses for personnel of the Army Re8 serve on active duty under sections 10211, 10302, and 

9 3038 of title 10, United States Code, or while serving on 

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

11 States Code, in connection with performing duty specified 

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

13 while undergoing reserve training, or while performing 

14 drills or equivalent duty or other duty, and expenses au15 thorized by section 16131 of title 10, United States Code; 

16 and for payments to the Department of Defense Military 

17 Retirement Fund, $4,836,947,000. 

18 RESERVE PERSONNEL, NAVY

19 For pay, allowances, clothing, subsistence, gratuities, 

20 travel, and related expenses for personnel of the Navy Re21 serve on active duty under section 10211 of title 10, 

22 United States Code, or while serving on active duty under 

23 section 12301(d) of title 10, United States Code, in con24 nection with performing duty specified in section 12310(a) 

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1 serve training, or while performing drills or equivalent 

2 duty, and expenses authorized by section 16131 of title 

3 10, United States Code; and for payments to the Depart4 ment of Defense Military Retirement Fund, 

5 $2,049,021,000. 

6 RESERVE PERSONNEL, MARINE CORPS

7 For pay, allowances, clothing, subsistence, gratuities, 

8 travel, and related expenses for personnel of the Marine 

9 Corps Reserve on active duty under section 10211 of title 

10 10, United States Code, or while serving on active duty 

11 under section 12301(d) of title 10, United States Code, 

12 in connection with performing duty specified in section 

13 12310(a) of title 10, United States Code, or while under14 going reserve training, or while performing drills or equiv15 alent duty, and for members of the Marine Corps platoon 

16 leaders class, and expenses authorized by section 16131 

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

18 Department of Defense Military Retirement Fund, 

19 $782,390,000. 

20 RESERVE PERSONNEL, AIR FORCE

21 For pay, allowances, clothing, subsistence, gratuities, 

22 travel, and related expenses for personnel of the Air Force 

23 Reserve on active duty under sections 10211, 10305, and 

24 8038 of title 10, United States Code, or while serving on 

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

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1 States Code, in connection with performing duty specified 

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

3 while undergoing reserve training, or while performing 

4 drills or equivalent duty or other duty, and expenses au5 thorized by section 16131 of title 10, United States Code; 

6 and for payments to the Department of Defense Military 

7 Retirement Fund, $1,860,406,000. 

8 NATIONAL GUARD PERSONNEL, ARMY

9 For pay, allowances, clothing, subsistence, gratuities, 

10 travel, and related expenses for personnel of the Army Na11 tional Guard while on duty under sections 10211, 10302, 

12 or 12402 of title 10 or section 708 of title 32, United 

13 States Code, or while serving on duty under section 

14 12301(d) of title 10 or section 502(f) of title 32, United 

15 States Code, in connection with performing duty specified 

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

17 while undergoing training, or while performing drills or 

18 equivalent duty or other duty, and expenses authorized by 

19 section 16131 of title 10, United States Code; and for pay20 ments to the Department of Defense Military Retirement 

21 Fund, $8,600,945,000. 

22 NATIONAL GUARD PERSONNEL, AIR FORCE

23 For pay, allowances, clothing, subsistence, gratuities, 

24 travel, and related expenses for personnel of the Air Na25 tional Guard on duty under sections 10211, 10305, or 

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1 12402 of title 10 or section 708 of title 32, United States 

2 Code, or while serving on duty under section 12301(d) of 

3 title 10 or section 502(f) of title 32, United States Code, 

4 in connection with performing duty specified in section 

5 12310(a) of title 10, United States Code, or while under6 going training, or while performing drills or equivalent 

7 duty or other duty, and expenses authorized by section 

8 16131 of title 10, United States Code; and for payments 

9 to the Department of Defense Military Retirement Fund, 

10 $3,699,080,000. 

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1 TITLE II 

2 OPERATION AND MAINTENANCE 

3 OPERATION AND MAINTENANCE, ARMY

4 For expenses, not otherwise provided for, necessary 

5 for the operation and maintenance of the Army, as author6 ized by law, $40,145,482,000: Provided, That not to ex7 ceed $12,478,000 can be used for emergencies and ex8 traordinary expenses, to be expended on the approval or 

9 authority of the Secretary of the Army, and payments may 

10 be made on his certificate of necessity for confidential mili11 tary purposes. 

12 OPERATION AND MAINTENANCE, NAVY

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance of the Navy and the 

15 Marine Corps, as authorized by law, $48,034,826,000: 

16 Provided, That not to exceed $15,055,000 can be used for 

17 emergencies and extraordinary expenses, to be expended 

18 on the approval or authority of the Secretary of the Navy, 

19 and payments may be made on his certificate of necessity 

20 for confidential military purposes. 

21 OPERATION AND MAINTENANCE, MARINE CORPS

22 For expenses, not otherwise provided for, necessary 

23 for the operation and maintenance of the Marine Corps, 

24 as authorized by law, $6,540,049,000. 

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1 OPERATION AND MAINTENANCE, AIR FORCE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance of the Air Force, as 

4 authorized by law, $40,379,184,000: Provided, That not 

5 to exceed $7,699,000 can be used for emergencies and ex6 traordinary expenses, to be expended on the approval or 

7 authority of the Secretary of the Air Force, and payments 

8 may be made on his certificate of necessity for confidential 

9 military purposes. 

10 OPERATION AND MAINTENANCE, DEFENSE-WIDE

11 (INCLUDING TRANSFER OF FUNDS)

12 For expenses, not otherwise provided for, necessary 

13 for the operation and maintenance of activities and agen14 cies of the Department of Defense (other than the military 

15 departments), as authorized by law, $35,613,354,000: 

16 Provided, That not more than $7,503,000 may be used 

17 for the Combatant Commander Initiative Fund authorized 

18 under section 166a of title 10, United States Code: Pro19 vided further, That not to exceed $36,000,000 can be used 

20 for emergencies and extraordinary expenses, to be ex21 pended on the approval or authority of the Secretary of 

22 Defense, and payments may be made on his certificate of 

23 necessity for confidential military purposes: Provided fur24 ther, That of the funds provided under this heading, not 

25 less than $42,300,000 shall be made available for the ProSeptember 11, 2018 (8:05 p.m.)
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1 curement Technical Assistance Cooperative Agreement 

2 Program, of which not less than $4,500,000 shall be avail3 able for centers defined in 10 U.S.C. 2411(1)(D): Pro4 vided further, That none of the funds appropriated or oth5 erwise made available by this Act may be used to plan 

6 or implement the consolidation of a budget or appropria7 tions liaison office of the Office of the Secretary of De8 fense, the office of the Secretary of a military department, 

9 or the service headquarters of one of the Armed Forces 

10 into a legislative affairs or legislative liaison office: Pro11 vided further, That $19,160,000, to remain available until 

12 expended, is available only for expenses relating to certain 

13 classified activities, and may be transferred as necessary 

14 by the Secretary of Defense to operation and maintenance 

15 appropriations or research, development, test and evalua16 tion appropriations, to be merged with and to be available 

17 for the same time period as the appropriations to which 

18 transferred: Provided further, That any ceiling on the in19 vestment item unit cost of items that may be purchased 

20 with operation and maintenance funds shall not apply to 

21 the funds described in the preceding proviso: Provided fur22 ther, That of the funds provided under this heading, 

23 $663,969,000, of which $165,992,000, to remain available 

24 until September 30, 2020, shall be available to provide 

25 support and assistance to foreign security forces or other 

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1 groups or individuals to conduct, support or facilitate 

2 counterterrorism, crisis response, or other Department of 

3 Defense security cooperation programs: Provided further, 

4 That the transfer authority provided under this heading 

5 is in addition to any other transfer authority provided else6 where in this Act. 

7 OPERATION AND MAINTENANCE, ARMY RESERVE

8 For expenses, not otherwise provided for, necessary 

9 for the operation and maintenance, including training, or10 ganization, and administration, of the Army Reserve; re11 pair of facilities and equipment; hire of passenger motor 

12 vehicles; travel and transportation; care of the dead; re13 cruiting; procurement of services, supplies, and equip14 ment; and communications, $2,781,402,000. 

15 OPERATION AND MAINTENANCE, NAVY RESERVE

16 For expenses, not otherwise provided for, necessary 

17 for the operation and maintenance, including training, or18 ganization, and administration, of the Navy Reserve; re19 pair of facilities and equipment; hire of passenger motor 

20 vehicles; travel and transportation; care of the dead; re21 cruiting; procurement of services, supplies, and equip22 ment; and communications, $1,018,006,000. 

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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 RESERVE

3 For expenses, not otherwise provided for, necessary 

4 for the operation and maintenance, including training, or5 ganization, and administration, of the Marine Corps Re6 serve; repair of facilities and equipment; hire of passenger 

7 motor vehicles; travel and transportation; care of the dead; 

8 recruiting; procurement of services, supplies, and equip9 ment; and communications, $271,570,000. 

10 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance, including training, or13 ganization, and administration, of the Air Force Reserve; 

14 repair of facilities and equipment; hire of passenger motor 

15 vehicles; travel and transportation; care of the dead; re16 cruiting; procurement of services, supplies, and equip17 ment; and communications, $3,191,734,000. 

18 OPERATION AND MAINTENANCE, ARMY NATIONAL

19 GUARD

20 For expenses of training, organizing, and admin21 istering the Army National Guard, including medical and 

22 hospital treatment and related expenses in non-Federal 

23 hospitals; maintenance, operation, and repairs to struc24 tures and facilities; hire of passenger motor vehicles; per25 sonnel services in the National Guard Bureau; travel exSeptember 11, 2018 (8:05 p.m.)
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1 penses (other than mileage), as authorized by law for 

2 Army personnel on active duty, for Army National Guard 

3 division, regimental, and battalion commanders while in4 specting units in compliance with National Guard Bureau 

5 regulations when specifically authorized by the Chief, Na6 tional Guard Bureau; supplying and equipping the Army 

7 National Guard as authorized by law; and expenses of re8 pair, modification, maintenance, and issue of supplies and 

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

10 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

11 For expenses of training, organizing, and admin12 istering the Air National Guard, including medical and 

13 hospital treatment and related expenses in non-Federal 

14 hospitals; maintenance, operation, and repairs to struc15 tures and facilities; transportation of things, hire of pas16 senger motor vehicles; supplying and equipping the Air 

17 National Guard, as authorized by law; expenses for repair, 

18 modification, maintenance, and issue of supplies and 

19 equipment, including those furnished from stocks under 

20 the control of agencies of the Department of Defense; 

21 travel expenses (other than mileage) on the same basis as 

22 authorized by law for Air National Guard personnel on 

23 active Federal duty, for Air National Guard commanders 

24 while inspecting units in compliance with National Guard 

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1 Bureau regulations when specifically authorized by the 

2 Chief, National Guard Bureau, $6,420,697,000. 

3 UNITED STATES COURT OF APPEALS FOR THE ARMED

4 FORCES

5 For salaries and expenses necessary for the United 

6 States Court of Appeals for the Armed Forces, 

7 $14,662,000, of which not to exceed $5,000 may be used 

8 for official representation purposes. 

9 ENVIRONMENTAL RESTORATION, ARMY

10 (INCLUDING TRANSFER OF FUNDS)

11 For the Department of the Army, $235,809,000, to 

12 remain available until transferred: Provided, That the Sec13 retary of the Army shall, upon determining that such 

14 funds are required for environmental restoration, reduc15 tion and recycling of hazardous waste, removal of unsafe 

16 buildings and debris of the Department of the Army, or 

17 for similar purposes, transfer the funds made available by 

18 this appropriation to other appropriations made available 

19 to the Department of the Army, to be merged with and 

20 to be available for the same purposes and for the same 

21 time period as the appropriations to which transferred: 

22 Provided further, That upon a determination that all or 

23 part of the funds transferred from this appropriation are 

24 not necessary for the purposes provided herein, such 

25 amounts may be transferred back to this appropriation: 

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1 Provided further, That the transfer authority provided 

2 under this heading is in addition to any other transfer au3 thority provided elsewhere in this Act. 

4 ENVIRONMENTAL RESTORATION, NAVY

5 (INCLUDING TRANSFER OF FUNDS)

6 For the Department of the Navy, $365,883,000, to 

7 remain available until transferred: Provided, That the Sec8 retary of the Navy shall, upon determining that such 

9 funds are required for environmental restoration, reduc10 tion and recycling of hazardous waste, removal of unsafe 

11 buildings and debris of the Department of the Navy, or 

12 for similar purposes, transfer the funds made available by 

13 this appropriation to other appropriations made available 

14 to the Department of the Navy, to be merged with and 

15 to be available for the same purposes and for the same 

16 time period as the appropriations to which transferred: 

17 Provided further, That upon a determination that all or 

18 part of the funds transferred from this appropriation are 

19 not necessary for the purposes provided herein, such 

20 amounts may be transferred back to this appropriation: 

21 Provided further, That the transfer authority provided 

22 under this heading is in addition to any other transfer au23 thority provided elsewhere in this Act. 

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1 ENVIRONMENTAL RESTORATION, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Air Force, $365,808,000, 

4 to remain available until transferred: Provided, That the 

5 Secretary of the Air Force shall, upon determining that 

6 such funds are required for environmental restoration, re7 duction and recycling of hazardous waste, removal of un8 safe buildings and debris of the Department of the Air 

9 Force, or for similar purposes, transfer the funds made 

10 available by this appropriation to other appropriations 

11 made available to the Department of the Air Force, to be 

12 merged with and to be available for the same purposes 

13 and for the same time period as the appropriations to 

14 which transferred: Provided further, That upon a deter15 mination that all or part of the funds transferred from 

16 this appropriation are not necessary for the purposes pro17 vided herein, such amounts may be transferred back to 

18 this appropriation: Provided further, That the transfer au19 thority provided under this heading is in addition to any 

20 other transfer authority provided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of Defense, $19,002,000, to re24 main available until transferred: Provided, That the Sec25 retary of Defense shall, upon determining that such funds 

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1 are required for environmental restoration, reduction and 

2 recycling of hazardous waste, removal of unsafe buildings 

3 and debris of the Department of Defense, or for similar 

4 purposes, transfer the funds made available by this appro5 priation to other appropriations made available to the De6 partment of Defense, to be merged with and to be avail7 able for the same purposes and for the same time period 

8 as the appropriations to which transferred: Provided fur9 ther, That upon a determination that all or part of the 

10 funds transferred from this appropriation are not nec11 essary for the purposes provided herein, such amounts 

12 may be transferred back to this appropriation: Provided 

13 further, That the transfer authority provided under this 

14 heading is in addition to any other transfer authority pro15 vided elsewhere in this Act. 

16 ENVIRONMENTAL RESTORATION, FORMERLY USED

17 DEFENSE SITES

18 (INCLUDING TRANSFER OF FUNDS)

19 For the Department of the Army, $248,673,000, to 

20 remain available until transferred: Provided, That the Sec21 retary of the Army shall, upon determining that such 

22 funds are required for environmental restoration, reduc23 tion and recycling of hazardous waste, removal of unsafe 

24 buildings and debris at sites formerly used by the Depart25 ment of Defense, transfer the funds made available by this 

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1 appropriation to other appropriations made available to 

2 the Department of the Army, to be merged with and to 

3 be available for the same purposes and for the same time 

4 period as the appropriations to which transferred: Pro5 vided further, That upon a determination that all or part 

6 of the funds transferred from this appropriation are not 

7 necessary for the purposes provided herein, such amounts 

8 may be transferred back to this appropriation: Provided 

9 further, That the transfer authority provided under this 

10 heading is in addition to any other transfer authority pro11 vided elsewhere in this Act. 

12 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

13 For expenses relating to the Overseas Humanitarian, 

14 Disaster, and Civic Aid programs of the Department of 

15 Defense (consisting of the programs provided under sec16 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

17 United States Code), $117,663,000, to remain available 

18 until September 30, 2020. 

19 COOPERATIVE THREAT REDUCTION ACCOUNT

20 For assistance, including assistance provided by con21 tract or by grants, under programs and activities of the 

22 Department of Defense Cooperative Threat Reduction 

23 Program authorized under the Department of Defense Co24 operative Threat Reduction Act, $350,240,000, to remain 

25 available until September 30, 2021. 

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1 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

2 DEVELOPMENT FUND

3 For the Department of Defense Acquisition Work4 force Development Fund, $450,000,000, to remain avail5 able for obligation until September 30, 2020: Provided, 

6 That no other amounts may be otherwise credited or 

7 transferred to the Fund, or deposited into the Fund, in 

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

9 United States Code. 

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1 TITLE III 

2 PROCUREMENT 

3 AIRCRAFT PROCUREMENT, ARMY

4 For construction, procurement, production, modifica5 tion, and modernization of aircraft, equipment, including 

6 ordnance, ground handling equipment, spare parts, and 

7 accessories therefor; specialized equipment and training 

8 devices; expansion of public and private plants, including 

9 the land necessary therefor, for the foregoing purposes, 

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

11 and construction prosecuted thereon prior to approval of 

12 title; and procurement and installation of equipment, ap13 pliances, and machine tools in public and private plants; 

14 reserve plant and Government and contractor-owned 

15 equipment layaway; and other expenses necessary for the 

16 foregoing purposes, $4,299,566,000, to remain available 

17 for obligation until September 30, 2021. 

18 MISSILE PROCUREMENT, ARMY

19 For construction, procurement, production, modifica20 tion, and modernization of missiles, equipment, including 

21 ordnance, ground handling equipment, spare parts, and 

22 accessories therefor; specialized equipment and training 

23 devices; expansion of public and private plants, including 

24 the land necessary therefor, for the foregoing purposes, 

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

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1 and construction prosecuted thereon prior to approval of 

2 title; and procurement and installation of equipment, ap3 pliances, and machine tools in public and private plants; 

4 reserve plant and Government and contractor-owned 

5 equipment layaway; and other expenses necessary for the 

6 foregoing purposes, $3,145,256,000, to remain available 

7 for obligation until September 30, 2021. 

8 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

9 VEHICLES, ARMY

10 For construction, procurement, production, and 

11 modification of weapons and tracked combat vehicles, 

12 equipment, including ordnance, spare parts, and acces13 sories therefor; specialized equipment and training devices; 

14 expansion of public and private plants, including the land 

15 necessary therefor, for the foregoing purposes, and such 

16 lands and interests therein, may be acquired, and con17 struction prosecuted thereon prior to approval of title; and 

18 procurement and installation of equipment, appliances, 

19 and machine tools in public and private plants; reserve 

20 plant and Government and contractor-owned equipment 

21 layaway; and other expenses necessary for the foregoing 

22 purposes, $4,486,402,000, to remain available for obliga23 tion until September 30, 2021. 

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1 PROCUREMENT OF AMMUNITION, ARMY

2 For construction, procurement, production, and 

3 modification of ammunition, and accessories therefor; spe4 cialized equipment and training devices; expansion of pub5 lic and private plants, including ammunition facilities, au6 thorized by section 2854 of title 10, United States Code, 

7 and the land necessary therefor, for the foregoing pur8 poses, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title; and procurement and installation of equip11 ment, appliances, and machine tools in public and private 

12 plants; reserve plant and Government and contractor13 owned equipment layaway; and other expenses necessary 

14 for the foregoing purposes, $2,276,330,000, to remain 

15 available for obligation until September 30, 2021. 

16 OTHER PROCUREMENT, ARMY

17 For construction, procurement, production, and 

18 modification of vehicles, including tactical, support, and 

19 non-tracked combat vehicles; the purchase of passenger 

20 motor vehicles for replacement only; communications and 

21 electronic equipment; other support equipment; spare 

22 parts, ordnance, and accessories therefor; specialized 

23 equipment and training devices; expansion of public and 

24 private plants, including the land necessary therefor, for 

25 the foregoing purposes, and such lands and interests 

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1 therein, may be acquired, and construction prosecuted 

2 thereon prior to approval of title; and procurement and 

3 installation of equipment, appliances, and machine tools 

4 in public and private plants; reserve plant and Govern5 ment and contractor-owned equipment layaway; and other 

6 expenses necessary for the foregoing purposes, 

7 $7,844,691,000, to remain available for obligation until 

8 September 30, 2021. 

9 AIRCRAFT PROCUREMENT, NAVY

10 For construction, procurement, production, modifica11 tion, and modernization of aircraft, equipment, including 

12 ordnance, spare parts, and accessories therefor; specialized 

13 equipment; expansion of public and private plants, includ14 ing the land necessary therefor, and such lands and inter15 ests therein, may be acquired, and construction prosecuted 

16 thereon prior to approval of title; and procurement and 

17 installation of equipment, appliances, and machine tools 

18 in public and private plants; reserve plant and Govern19 ment and contractor-owned equipment layaway, 

20 $20,092,199,000, to remain available for obligation until 

21 September 30, 2021. 

22 WEAPONS PROCUREMENT, NAVY

23 For construction, procurement, production, modifica24 tion, and modernization of missiles, torpedoes, other weap25 ons, and related support equipment including spare parts, 

September 11, 2018 (8:05 p.m.)
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1 and accessories therefor; expansion of public and private 

2 plants, including the land necessary therefor, and such 

3 lands and interests therein, may be acquired, and con4 struction prosecuted thereon prior to approval of title; and 

5 procurement and installation of equipment, appliances, 

6 and machine tools in public and private plants; reserve 

7 plant and Government and contractor-owned equipment 

8 layaway, $3,711,576,000, to remain available for obliga9 tion until September 30, 2021. 

10 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

11 CORPS

12 For construction, procurement, production, and 

13 modification of ammunition, and accessories therefor; spe14 cialized equipment and training devices; expansion of pub15 lic and private plants, including ammunition facilities, au16 thorized by section 2854 of title 10, United States Code, 

17 and the land necessary therefor, for the foregoing pur18 poses, and such lands and interests therein, may be ac19 quired, and construction prosecuted thereon prior to ap20 proval of title; and procurement and installation of equip21 ment, appliances, and machine tools in public and private 

22 plants; reserve plant and Government and contractor23 owned equipment layaway; and other expenses necessary 

24 for the foregoing purposes, $952,682,000, to remain avail25 able for obligation until September 30, 2021. 

September 11, 2018 (8:05 p.m.)
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1 SHIPBUILDING AND CONVERSION, NAVY

2 For expenses necessary for the construction, acquisi3 tion, or conversion of vessels as authorized by law, includ4 ing armor and armament thereof, plant equipment, appli5 ances, and machine tools and installation thereof in public 

6 and private plants; reserve plant and Government and con7 tractor-owned equipment layaway; procurement of critical, 

8 long lead time components and designs for vessels to be 

9 constructed or converted in the future; and expansion of 

10 public and private plants, including land necessary there11 for, and such lands and interests therein, may be acquired, 

12 and construction prosecuted thereon prior to approval of 

13 title, as follows: 

14 Ohio Replacement Submarine (AP), 

15 $3,173,400,000; 

16 Carrier Replacement Program (CVN–80), 

17 $1,573,181,000; 

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

19 Virginia Class Submarine (AP), 

20 $2,796,401,000; 

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

22 DDG–1000 Program, $270,965,000; 

23 DDG–51 Destroyer, $5,249,837,000; 

24 DDG–51 Destroyer (AP), $641,928,000; 

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

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1 LPD–17, $350,000,000; 

2 Expeditionary Sea Base, $647,000,000; 

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

4 Expeditionary Fast Transport, $225,000,000; 

5 TAO Fleet Oiler, $977,104,000; 

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

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

8 LCU 1700, $41,520,000; 

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

10 Service Craft, $72,062,000; 

11 LCAC SLEP, $23,321,000; 

12 For outfitting, post delivery, conversions, and 

13 first destination transportation, $550,038,000; and 

14 Completion of Prior Year Shipbuilding Pro15 grams, $207,099,000. 

16 In all: $24,150,087,000, to remain available for obli17 gation until September 30, 2023: Provided, That addi18 tional obligations may be incurred after September 30, 

19 2023, for engineering services, tests, evaluations, and 

20 other such budgeted work that must be performed in the 

21 final stage of ship construction: Provided further, That 

22 none of the funds provided under this heading for the con23 struction or conversion of any naval vessel to be con24 structed in shipyards in the United States shall be ex25 pended in foreign facilities for the construction of major 

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1 components of such vessel: Provided further, That none 

2 of the funds provided under this heading shall be used 

3 for the construction of any naval vessel in foreign ship4 yards: Provided further, That funds appropriated or other5 wise made available by this Act for production of the com6 mon missile compartment of nuclear-powered vessels may 

7 be available for multiyear procurement of critical compo8 nents to support continuous production of such compart9 ments only in accordance with the provisions of subsection 

10 (i) of section 2218a of title 10, United States Code (as 

11 added by section 1023 of the National Defense Authoriza12 tion Act for Fiscal Year 2017 (Public Law 114–328)): 

13 Provided further, That the funds made available by this 

14 Act for the Carrier Replacement Program (CVN–80) may 

15 be available to modify or enter into a new contract for 

16 the procurement of a Ford-class aircraft carrier des17 ignated CVN–81 pursuant to section 121 of the John S. 

18 McCain National Defense Authorization Act for Fiscal 

19 Year 2019. 

20 OTHER PROCUREMENT, NAVY

21 For procurement, production, and modernization of 

22 support equipment and materials not otherwise provided 

23 for, Navy ordnance (except ordnance for new aircraft, new 

24 ships, and ships authorized for conversion); the purchase 

25 of passenger motor vehicles for replacement only; expanSeptember 11, 2018 (8:05 p.m.)
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1 sion of public and private plants, including the land nec2 essary therefor, and such lands and interests therein, may 

3 be acquired, and construction prosecuted thereon prior to 

4 approval of title; and procurement and installation of 

5 equipment, appliances, and machine tools in public and 

6 private plants; reserve plant and Government and con7 tractor-owned equipment layaway, $9,097,138,000, to re8 main available for obligation until September 30, 2021. 

9 PROCUREMENT, MARINE CORPS

10 For expenses necessary for the procurement, manu11 facture, and modification of missiles, armament, military 

12 equipment, spare parts, and accessories therefor; plant 

13 equipment, appliances, and machine tools, and installation 

14 thereof in public and private plants; reserve plant and 

15 Government and contractor-owned equipment layaway; ve16 hicles for the Marine Corps, including the purchase of pas17 senger motor vehicles for replacement only; and expansion 

18 of public and private plants, including land necessary 

19 therefor, and such lands and interests therein, may be ac20 quired, and construction prosecuted thereon prior to ap21 proval of title, $2,719,870,000, to remain available for ob22 ligation until September 30, 2021. 

23 AIRCRAFT PROCUREMENT, AIR FORCE

24 For construction, procurement, and modification of 

25 aircraft and equipment, including armor and armament, 

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1 specialized ground handling equipment, and training de2 vices, spare parts, and accessories therefor; specialized 

3 equipment; expansion of public and private plants, Gov4 ernment-owned equipment and installation thereof in such 

5 plants, erection of structures, and acquisition of land, for 

6 the foregoing purposes, and such lands and interests 

7 therein, may be acquired, and construction prosecuted 

8 thereon prior to approval of title; reserve plant and Gov9 ernment and contractor-owned equipment layaway; and 

10 other expenses necessary for the foregoing purposes in11 cluding rents and transportation of things, 

12 $17,112,337,000, to remain available for obligation until 

13 September 30, 2021. 

14 MISSILE PROCUREMENT, AIR FORCE

15 For construction, procurement, and modification of 

16 missiles, rockets, and related equipment, including spare 

17 parts and accessories therefor; ground handling equip18 ment, and training devices; expansion of public and pri19 vate plants, Government-owned equipment and installa20 tion thereof in such plants, erection of structures, and ac21 quisition of land, for the foregoing purposes, and such 

22 lands and interests therein, may be acquired, and con23 struction prosecuted thereon prior to approval of title; re24 serve plant and Government and contractor-owned equip25 ment layaway; and other expenses necessary for the foreSeptember 11, 2018 (8:05 p.m.)
29 

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1 going purposes including rents and transportation of 

2 things, $2,585,004,000, to remain available for obligation 

3 until September 30, 2021. 

4 SPACE PROCUREMENT, AIR FORCE

5 For construction, procurement, and modification of 

6 spacecraft, rockets, and related equipment, including 

7 spare parts and accessories therefor; ground handling 

8 equipment, and training devices; expansion of public and 

9 private plants, Government-owned equipment and installa10 tion thereof in such plants, erection of structures, and ac11 quisition of land, for the foregoing purposes, and such 

12 lands and interests therein, may be acquired, and con13 struction prosecuted thereon prior to approval of title; re14 serve plant and Government and contractor-owned equip15 ment layaway; and other expenses necessary for the fore16 going purposes including rents and transportation of 

17 things, $2,343,642,000, to remain available for obligation 

18 until September 30, 2021. 

19 PROCUREMENT OF AMMUNITION, AIR FORCE

20 For construction, procurement, production, and 

21 modification of ammunition, and accessories therefor; spe22 cialized equipment and training devices; expansion of pub23 lic and private plants, including ammunition facilities, au24 thorized by section 2854 of title 10, United States Code, 

25 and the land necessary therefor, for the foregoing purSeptember 11, 2018 (8:05 p.m.)
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1 poses, and such lands and interests therein, may be ac2 quired, and construction prosecuted thereon prior to ap3 proval of title; and procurement and installation of equip4 ment, appliances, and machine tools in public and private 

5 plants; reserve plant and Government and contractor6 owned equipment layaway; and other expenses necessary 

7 for the foregoing purposes, $1,485,856,000, to remain 

8 available for obligation until September 30, 2021. 

9 OTHER PROCUREMENT, AIR FORCE

10 For procurement and modification of equipment (in11 cluding ground guidance and electronic control equipment, 

12 and ground electronic and communication equipment), 

13 and supplies, materials, and spare parts therefor, not oth14 erwise provided for; the purchase of passenger motor vehi15 cles for replacement only; lease of passenger motor vehi16 cles; and expansion of public and private plants, Govern17 ment-owned equipment and installation thereof in such 

18 plants, erection of structures, and acquisition of land, for 

19 the foregoing purposes, and such lands and interests 

20 therein, may be acquired, and construction prosecuted 

21 thereon, prior to approval of title; reserve plant and Gov22 ernment and contractor-owned equipment layaway, 

23 $20,884,225,000, to remain available for obligation until 

24 September 30, 2021. 

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1 PROCUREMENT, DEFENSE-WIDE

2 For expenses of activities and agencies of the Depart3 ment of Defense (other than the military departments) 

4 necessary for procurement, production, and modification 

5 of equipment, supplies, materials, and spare parts there6 for, not otherwise provided for; the purchase of passenger 

7 motor vehicles for replacement only; expansion of public 

8 and private plants, equipment, and installation thereof in 

9 such plants, erection of structures, and acquisition of land 

10 for the foregoing purposes, and such lands and interests 

11 therein, may be acquired, and construction prosecuted 

12 thereon prior to approval of title; reserve plant and Gov13 ernment and contractor-owned equipment layaway, 

14 $6,822,180,000, to remain available for obligation until 

15 September 30, 2021. 

16 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT

17 For procurement of rotary-wing aircraft; combat, tac18 tical and support vehicles; other weapons; and other pro19 curement items for the reserve components of the Armed 

20 Forces, $1,300,000,000, to remain available for obligation 

21 until September 30, 2021: Provided, That the Chiefs of 

22 National Guard and Reserve components shall, not later 

23 than 30 days after enactment of this Act, individually sub24 mit to the congressional defense committees the mod25 ernization priority assessment for their respective NaSeptember 11, 2018 (8:05 p.m.)
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1 tional Guard or Reserve component: Provided further, 

2 That none of the funds made available by this paragraph 

3 may be used to procure manned fixed wing aircraft, or 

4 procure or modify missiles, munitions, or ammunition. 

5 DEFENSE PRODUCTION ACT PURCHASES

6 For activities by the Department of Defense pursuant 

7 to sections 108, 301, 302, and 303 of the Defense Produc8 tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), 

9 $53,578,000, to remain available until expended. 

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1 TITLE IV 

2 RESEARCH, DEVELOPMENT, TEST AND 

3 EVALUATION 

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

5 ARMY

6 For expenses necessary for basic and applied sci7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, $11,083,824,000, to remain avail10 able for obligation until September 30, 2020. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 NAVY

13 For expenses necessary for basic and applied sci14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of fa16 cilities and equipment, $18,510,564,000, to remain avail17 able for obligation until September 30, 2020: Provided, 

18 That funds appropriated in this paragraph which are 

19 available for the V–22 may be used to meet unique oper20 ational requirements of the Special Operations Forces. 

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

22 AIR FORCE

23 For expenses necessary for basic and applied sci24 entific research, development, test and evaluation, includ25 ing maintenance, rehabilitation, lease, and operation of faSeptember 11, 2018 (8:05 p.m.)
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1 cilities and equipment, $41,229,475,000, to remain avail2 able for obligation until September 30, 2020. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 DEFENSE-WIDE

5 (INCLUDING TRANSFER OF FUNDS)

6 For expenses of activities and agencies of the Depart7 ment of Defense (other than the military departments), 

8 necessary for basic and applied scientific research, devel9 opment, test and evaluation; advanced research projects 

10 as may be designated and determined by the Secretary 

11 of Defense, pursuant to law; maintenance, rehabilitation, 

12 lease, and operation of facilities and equipment, 

13 $23,691,836,000, to remain available for obligation until 

14 September 30, 2020: Provided, That, of the funds made 

15 available in this paragraph, $250,000,000 for the Defense 

16 Rapid Innovation Program shall only be available for ex17 penses, not otherwise provided for, to include program 

18 management and oversight, to conduct research, develop19 ment, test and evaluation to include proof of concept dem20 onstration; engineering, testing, and validation; and tran21 sition to full-scale production: Provided further, That the 

22 Secretary of Defense may transfer funds provided herein 

23 for the Defense Rapid Innovation Program to appropria24 tions for research, development, test and evaluation to ac25 complish the purpose provided herein: Provided further, 

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1 That this transfer authority is in addition to any other 

2 transfer authority available to the Department of Defense: 

3 Provided further, That the Secretary of Defense shall, not 

4 fewer than 30 days prior to making transfers from this 

5 appropriation, notify the congressional defense committees 

6 in writing of the details of any such transfer. 

7 OPERATIONAL TEST AND EVALUATION, DEFENSE

8 For expenses, not otherwise provided for, necessary 

9 for the independent activities of the Director, Operational 

10 Test and Evaluation, in the direction and supervision of 

11 operational test and evaluation, including initial oper12 ational test and evaluation which is conducted prior to, 

13 and in support of, production decisions; joint operational 

14 testing and evaluation; and administrative expenses in 

15 connection therewith, $381,009,000, to remain available 

16 for obligation until September 30, 2020. 

17 TITLE V 

18 REVOLVING AND MANAGEMENT FUNDS 

19 DEFENSE WORKING CAPITAL FUNDS

20 For the Defense Working Capital Funds, 

21 $1,641,115,000. 

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1 TITLE VI 

2 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

3 DEFENSE HEALTH PROGRAM

4 For expenses, not otherwise provided for, for medical 

5 and health care programs of the Department of Defense 

6 as authorized by law, $34,007,519,000; of which 

7 $30,953,422,000 shall be for operation and maintenance, 

8 of which not to exceed one percent shall remain available 

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

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

11 into under the TRICARE program; of which 

12 $873,160,000, to remain available for obligation until Sep13 tember 30, 2021, shall be for procurement; and of which 

14 $2,180,937,000, to remain available for obligation until 

15 September 30, 2020, shall be for research, development, 

16 test and evaluation: Provided, That, notwithstanding any 

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

18 this heading for research, development, test and evalua19 tion, not less than $8,000,000 shall be available for HIV 

20 prevention educational activities undertaken in connection 

21 with United States military training, exercises, and hu22 manitarian assistance activities conducted primarily in Af23 rican nations: Provided further, That of the funds provided 

24 under this heading for research, development, test and 

25 evaluation, not less than $1,171,100,000 shall be made 

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1 available to the United States Army Medical Research and 

2 Materiel Command to carry out the congressionally di3 rected medical research programs. 

4 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

5 DEFENSE

6 For expenses, not otherwise provided for, necessary 

7 for the destruction of the United States stockpile of lethal 

8 chemical agents and munitions in accordance with the pro9 visions of section 1412 of the Department of Defense Au10 thorization Act, 1986 (50 U.S.C. 1521), and for the de11 struction of other chemical warfare materials that are not 

12 in the chemical weapon stockpile, $993,816,000, of which 

13 $105,997,000 shall be for operation and maintenance, of 

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

15 Stockpile Emergency Preparedness Program, consisting of 

16 $21,600,000 for activities on military installations and 

17 $31,135,000, to remain available until September 30, 

18 2020, to assist State and local governments; $1,091,000 

19 shall be for procurement, to remain available until Sep20 tember 30, 2021, of which $1,091,000 shall be for the 

21 Chemical Stockpile Emergency Preparedness Program to 

22 assist State and local governments; and $886,728,000, to 

23 remain available until September 30, 2020, shall be for 

24 research, development, test and evaluation, of which 

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1 $880,283,000 shall only be for the Assembled Chemical 

2 Weapons Alternatives program. 

3 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

4 DEFENSE

5 (INCLUDING TRANSFER OF FUNDS)

6 For drug interdiction and counter-drug activities of 

7 the Department of Defense, for transfer to appropriations 

8 available to the Department of Defense for military per9 sonnel of the reserve components serving under the provi10 sions of title 10 and title 32, United States Code; for oper11 ation and maintenance; for procurement; and for research, 

12 development, test and evaluation, $881,525,000, of which 

13 $517,171,000 shall be for counter-narcotics support; 

14 $121,900,000 shall be for the drug demand reduction pro15 gram; $217,178,000 shall be for the National Guard 

16 counter-drug program; and $25,276,000 shall be for the 

17 National Guard counter-drug schools program: Provided, 

18 That the funds appropriated under this heading shall be 

19 available for obligation for the same time period and for 

20 the same purpose as the appropriation to which trans21 ferred: Provided further, That upon a determination that 

22 all or part of the funds transferred from this appropriation 

23 are not necessary for the purposes provided herein, such 

24 amounts may be transferred back to this appropriation: 

25 Provided further, That the transfer authority provided 

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1 under this heading is in addition to any other transfer au2 thority contained elsewhere in this Act. 

3 OFFICE OF THE INSPECTOR GENERAL

4 For expenses and activities of the Office of the In5 spector General in carrying out the provisions of the In6 spector General Act of 1978, as amended, $329,273,000, 

7 of which $325,236,000 shall be for operation and mainte8 nance, of which not to exceed $700,000 is available for 

9 emergencies and extraordinary expenses to be expended on 

10 the approval or authority of the Inspector General, and 

11 payments may be made on the Inspector General’s certifi12 cate of necessity for confidential military purposes; of 

13 which $60,000, to remain available for obligation until 

14 September 30, 2021, shall be for procurement; and of 

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

16 2020, shall be for research, development, test and evalua17 tion. 

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1 TITLE VII 

2 RELATED AGENCIES 

3 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

4 DISABILITY SYSTEM FUND

5 For payment to the Central Intelligence Agency Re6 tirement and Disability System Fund, to maintain the 

7 proper funding level for continuing the operation of the 

8 Central Intelligence Agency Retirement and Disability 

9 System, $514,000,000. 

10 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

11 For necessary expenses of the Intelligence Commu12 nity Management Account, $522,424,000. 

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1 TITLE VIII 

2 GENERAL PROVISIONS 

3 SEC. 8001. No part of any appropriation contained 

4 in this Act shall be used for publicity or propaganda pur5 poses not authorized by the Congress. 

6 SEC. 8002. During the current fiscal year, provisions 

7 of law prohibiting the payment of compensation to, or em8 ployment of, any person not a citizen of the United States 

9 shall not apply to personnel of the Department of Defense: 

10 Provided, That salary increases granted to direct and indi11 rect hire foreign national employees of the Department of 

12 Defense funded by this Act shall not be at a rate in excess 

13 of the percentage increase authorized by law for civilian 

14 employees of the Department of Defense whose pay is 

15 computed under the provisions of section 5332 of title 5, 

16 United States Code, or at a rate in excess of the percent17 age increase provided by the appropriate host nation to 

18 its own employees, whichever is higher: Provided further, 

19 That this section shall not apply to Department of De20 fense foreign service national employees serving at United 

21 States diplomatic missions whose pay is set by the Depart22 ment of State under the Foreign Service Act of 1980: Pro23 vided further, That the limitations of this provision shall 

24 not apply to foreign national employees of the Department 

25 of Defense in the Republic of Turkey. 

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1 SEC. 8003. No part of any appropriation contained 

2 in this Act shall remain available for obligation beyond 

3 the current fiscal year, unless expressly so provided herein. 

4 SEC. 8004. No more than 20 percent of the appro5 priations in this Act which are limited for obligation dur6 ing the current fiscal year shall be obligated during the 

7 last 2 months of the fiscal year: Provided, That this sec8 tion shall not apply to obligations for support of active 

9 duty training of reserve components or summer camp 

10 training of the Reserve Officers’ Training Corps. 

11 (TRANSFER OF FUNDS)

12 SEC. 8005. Upon determination by the Secretary of 

13 Defense that such action is necessary in the national inter14 est, he may, with the approval of the Office of Manage15 ment and Budget, transfer not to exceed $4,000,000,000 

16 of working capital funds of the Department of Defense 

17 or funds made available in this Act to the Department 

18 of Defense for military functions (except military con19 struction) between such appropriations or funds or any 

20 subdivision thereof, to be merged with and to be available 

21 for the same purposes, and for the same time period, as 

22 the appropriation or fund to which transferred: Provided, 

23 That such authority to transfer may not be used unless 

24 for higher priority items, based on unforeseen military re25 quirements, than those for which originally appropriated 

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1 and in no case where the item for which funds are re2 quested has been denied by the Congress: Provided further, 

3 That the Secretary of Defense shall notify the Congress 

4 promptly of all transfers made pursuant to this authority 

5 or any other authority in this Act: Provided further, That 

6 no part of the funds in this Act shall be available to pre7 pare or present a request to the Committees on Appropria8 tions for reprogramming of funds, unless for higher pri9 ority items, based on unforeseen military requirements, 

10 than those for which originally appropriated and in no 

11 case where the item for which reprogramming is requested 

12 has been denied by the Congress: Provided further, That 

13 a request for multiple reprogrammings of funds using au14 thority provided in this section shall be made prior to June 

15 30, 2019: Provided further, That transfers among military 

16 personnel appropriations shall not be taken into account 

17 for purposes of the limitation on the amount of funds that 

18 may be transferred under this section. 

19 SEC. 8006. (a) With regard to the list of specific pro20 grams, projects, and activities (and the dollar amounts 

21 and adjustments to budget activities corresponding to 

22 such programs, projects, and activities) contained in the 

23 tables titled Explanation of Project Level Adjustments in 

24 the explanatory statement regarding this Act, the obliga25 tion and expenditure of amounts appropriated or otherSeptember 11, 2018 (8:05 p.m.)
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1 wise made available in this Act for those programs, 

2 projects, and activities for which the amounts appro3 priated exceed the amounts requested are hereby required 

4 by law to be carried out in the manner provided by such 

5 tables to the same extent as if the tables were included 

6 in the text of this Act. 

7 (b) Amounts specified in the referenced tables de8 scribed in subsection (a) shall not be treated as subdivi9 sions of appropriations for purposes of section 8005 of this 

10 Act: Provided, That section 8005 shall apply when trans11 fers of the amounts described in subsection (a) occur be12 tween appropriation accounts. 

13 SEC. 8007. (a) Not later than 60 days after enact14 ment of this Act, the Department of Defense shall submit 

15 a report to the congressional defense committees to estab16 lish the baseline for application of reprogramming and 

17 transfer authorities for fiscal year 2019: Provided, That 

18 the report shall include— 

19 (1) a table for each appropriation with a sepa20 rate column to display the President’s budget re21 quest, adjustments made by Congress, adjustments 

22 due to enacted rescissions, if appropriate, and the 

23 fiscal year enacted level; 

24 (2) a delineation in the table for each appro25 priation both by budget activity and program, 

September 11, 2018 (8:05 p.m.)
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1 project, and activity as detailed in the Budget Ap2 pendix; and 

3 (3) an identification of items of special congres4 sional interest. 

5 (b) Notwithstanding section 8005 of this Act, none 

6 of the funds provided in this Act shall be available for 

7 reprogramming or transfer until the report identified in 

8 subsection (a) is submitted to the congressional defense 

9 committees, unless the Secretary of Defense certifies in 

10 writing to the congressional defense committees that such 

11 reprogramming or transfer is necessary as an emergency 

12 requirement: Provided, That this subsection shall not 

13 apply to transfers from the following appropriations ac14 counts: 

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

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

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

18 (4) ‘‘Environmental Restoration, Defense19 Wide’’; 

20 (5) ‘‘Environmental Restoration, Formerly 

21 Used Defense Sites’’; and 

22 (6) ‘‘Drug Interdiction and Counter-drug Ac23 tivities, Defense’’. 

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1 (TRANSFER OF FUNDS)

2 SEC. 8008. During the current fiscal year, cash bal3 ances in working capital funds of the Department of De4 fense established pursuant to section 2208 of title 10, 

5 United States Code, may be maintained in only such 

6 amounts as are necessary at any time for cash disburse7 ments to be made from such funds: Provided, That trans8 fers may be made between such funds: Provided further, 

9 That transfers may be made between working capital 

10 funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 

11 appropriation and the ‘‘Operation and Maintenance’’ ap12 propriation accounts in such amounts as may be deter13 mined by the Secretary of Defense, with the approval of 

14 the Office of Management and Budget, except that such 

15 transfers may not be made unless the Secretary of Defense 

16 has notified the Congress of the proposed transfer: Pro17 vided further, That except in amounts equal to the 

18 amounts appropriated to working capital funds in this Act, 

19 no obligations may be made against a working capital fund 

20 to procure or increase the value of war reserve material 

21 inventory, unless the Secretary of Defense has notified the 

22 Congress prior to any such obligation. 

23 SEC. 8009. Funds appropriated by this Act may not 

24 be used to initiate a special access program without prior 

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1 notification 30 calendar days in advance to the congres2 sional defense committees. 

3 SEC. 8010. None of the funds provided in this Act 

4 shall be available to initiate: (1) a multiyear contract that 

5 employs economic order quantity procurement in excess of 

6 $20,000,000 in any one year of the contract or that in7 cludes an unfunded contingent liability in excess of 

8 $20,000,000; or (2) a contract for advance procurement 

9 leading to a multiyear contract that employs economic 

10 order quantity procurement in excess of $20,000,000 in 

11 any one year, unless the congressional defense committees 

12 have been notified at least 30 days in advance of the pro13 posed contract award: Provided, That no part of any ap14 propriation contained in this Act shall be available to ini15 tiate a multiyear contract for which the economic order 

16 quantity advance procurement is not funded at least to 

17 the limits of the Government’s liability: Provided further, 

18 That no part of any appropriation contained in this Act 

19 shall be available to initiate multiyear procurement con20 tracts for any systems or component thereof if the value 

21 of the multiyear contract would exceed $500,000,000 un22 less specifically provided in this Act: Provided further, 

23 That no multiyear procurement contract can be termi24 nated without 30-day prior notification to the congres25 sional defense committees: Provided further, That the exeSeptember 11, 2018 (8:05 p.m.)
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1 cution of multiyear authority shall require the use of a 

2 present value analysis to determine lowest cost compared 

3 to an annual procurement: Provided further, That none of 

4 the funds provided in this Act may be used for a multiyear 

5 contract executed after the date of the enactment of this 

6 Act unless in the case of any such contract— 

7 (1) the Secretary of Defense has submitted to 

8 Congress a budget request for full funding of units 

9 to be procured through the contract and, in the case 

10 of a contract for procurement of aircraft, that in11 cludes, for any aircraft unit to be procured through 

12 the contract for which procurement funds are re13 quested in that budget request for production be14 yond advance procurement activities in the fiscal 

15 year covered by the budget, full funding of procure16 ment of such unit in that fiscal year; 

17 (2) cancellation provisions in the contract do 

18 not include consideration of recurring manufacturing 

19 costs of the contractor associated with the produc20 tion of unfunded units to be delivered under the con21 tract; 

22 (3) the contract provides that payments to the 

23 contractor under the contract shall not be made in 

24 advance of incurred costs on funded units; and 

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1 (4) the contract does not provide for a price ad2 justment based on a failure to award a follow-on 

3 contract. 

4 Funds appropriated in title III of this Act may be 

5 used for multiyear procurement contracts for any or all 

6 of the following projects: 

7 (1) Standard Missile–3 IB; 

8 (2) Standard Missile–6; 

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

10 Aircraft variants; 

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

12 (5) C–130J, KC–130J, HC–130J, MC–130J, 

13 AC–130J Aircraft; and 

14 (6) SSN Virginia Class Submarines and Gov15 ernment-furnished equipment. 

16 SEC. 8011. Within the funds appropriated for the op17 eration and maintenance of the Armed Forces, funds are 

18 hereby appropriated pursuant to section 401 of title 10, 

19 United States Code, for humanitarian and civic assistance 

20 costs under chapter 20 of title 10, United States Code. 

21 Such funds may also be obligated for humanitarian and 

22 civic assistance costs incidental to authorized operations 

23 and pursuant to authority granted in section 401 of chap24 ter 20 of title 10, United States Code, and these obliga25 tions shall be reported as required by section 401(d) of 

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1 title 10, United States Code: Provided, That funds avail2 able for operation and maintenance shall be available for 

3 providing humanitarian and similar assistance by using 

4 Civic Action Teams in the Trust Territories of the Pacific 

5 Islands and freely associated states of Micronesia, pursu6 ant to the Compact of Free Association as authorized by 

7 Public Law 99–239: Provided further, That upon a deter8 mination by the Secretary of the Army that such action 

9 is beneficial for graduate medical education programs con10 ducted at Army medical facilities located in Hawaii, the 

11 Secretary of the Army may authorize the provision of med12 ical services at such facilities and transportation to such 

13 facilities, on a nonreimbursable basis, for civilian patients 

14 from American Samoa, the Commonwealth of the North15 ern Mariana Islands, the Marshall Islands, the Federated 

16 States of Micronesia, Palau, and Guam. 

17 SEC. 8012. (a) During the current fiscal year, the 

18 civilian personnel of the Department of Defense may not 

19 be managed on the basis of any end-strength, and the 

20 management of such personnel during that fiscal year 

21 shall not be subject to any constraint or limitation (known 

22 as an end-strength) on the number of such personnel who 

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

24 (b) The fiscal year 2020 budget request for the De25 partment of Defense as well as all justification material 

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1 and other documentation supporting the fiscal year 2020 

2 Department of Defense budget request shall be prepared 

3 and submitted to the Congress as if subsections (a) and 

4 (b) of this provision were effective with regard to fiscal 

5 year 2020. 

6 (c) As required by section 1107 of the National De7 fense Authorization Act for Fiscal Year 2014 (Public Law 

8 113–66; 10 U.S.C. 2358 note) civilian personnel at the 

9 Department of Army Science and Technology Reinvention 

10 Laboratories may not be managed on the basis of the 

11 Table of Distribution and Allowances, and the manage12 ment of the workforce strength shall be done in a manner 

13 consistent with the budget available with respect to such 

14 Laboratories. 

15 (d) Nothing in this section shall be construed to apply 

16 to military (civilian) technicians. 

17 SEC. 8013. None of the funds made available by this 

18 Act shall be used in any way, directly or indirectly, to in19 fluence congressional action on any legislation or appro20 priation matters pending before the Congress. 

21 SEC. 8014. None of the funds appropriated by this 

22 Act shall be available for the basic pay and allowances of 

23 any member of the Army participating as a full-time stu24 dent and receiving benefits paid by the Secretary of Vet25 erans Affairs from the Department of Defense Education 

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1 Benefits Fund when time spent as a full-time student is 

2 credited toward completion of a service commitment: Pro3 vided, That this section shall not apply to those members 

4 who have reenlisted with this option prior to October 1, 

5 1987: Provided further, That this section applies only to 

6 active components of the Army. 

7 (TRANSFER OF FUNDS)

8 SEC. 8015. Funds appropriated in title III of this Act 

9 for the Department of Defense Pilot Mentor-Prote ́ge ́ Pro10 gram may be transferred to any other appropriation con11 tained in this Act solely for the purpose of implementing 

12 a Mentor-Prote ́ge ́ Program developmental assistance 

13 agreement pursuant to section 831 of the National De14 fense Authorization Act for Fiscal Year 1991 (Public Law 

15 101–510; 10 U.S.C. 2302 note), as amended, under the 

16 authority of this provision or any other transfer authority 

17 contained in this Act. 

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

19 available for the purchase by the Department of Defense 

20 (and its departments and agencies) of welded shipboard 

21 anchor and mooring chain 4 inches in diameter and under 

22 unless the anchor and mooring chain are manufactured 

23 in the United States from components which are substan24 tially manufactured in the United States: Provided, That 

25 for the purpose of this section, the term ‘‘manufactured’’ 

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1 shall include cutting, heat treating, quality control, testing 

2 of chain and welding (including the forging and shot blast3 ing process): Provided further, That for the purpose of this 

4 section substantially all of the components of anchor and 

5 mooring chain shall be considered to be produced or manu6 factured in the United States if the aggregate cost of the 

7 components produced or manufactured in the United 

8 States exceeds the aggregate cost of the components pro9 duced or manufactured outside the United States: Pro10 vided further, That when adequate domestic supplies are 

11 not available to meet Department of Defense requirements 

12 on a timely basis, the Secretary of the service responsible 

13 for the procurement may waive this restriction on a case14 by-case basis by certifying in writing to the Committees 

15 on Appropriations that such an acquisition must be made 

16 in order to acquire capability for national security pur17 poses. 

18 SEC. 8017. None of the funds appropriated by this 

19 Act shall be used for the support of any nonappropriated 

20 funds activity of the Department of Defense that procures 

21 malt beverages and wine with nonappropriated funds for 

22 resale (including such alcoholic beverages sold by the 

23 drink) on a military installation located in the United 

24 States unless such malt beverages and wine are procured 

25 within that State, or in the case of the District of ColumSeptember 11, 2018 (8:05 p.m.)
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1 bia, within the District of Columbia, in which the military 

2 installation is located: Provided, That, in a case in which 

3 the military installation is located in more than one State, 

4 purchases may be made in any State in which the installa5 tion is located: Provided further, That such local procure6 ment requirements for malt beverages and wine shall 

7 apply to all alcoholic beverages only for military installa8 tions in States which are not contiguous with another 

9 State: Provided further, That alcoholic beverages other 

10 than wine and malt beverages, in contiguous States and 

11 the District of Columbia shall be procured from the most 

12 competitive source, price and other factors considered. 

13 SEC. 8018. None of the funds available to the De14 partment of Defense may be used to demilitarize or dis15 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

16 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

17 to demilitarize or destroy small arms ammunition or am18 munition components that are not otherwise prohibited 

19 from commercial sale under Federal law, unless the small 

20 arms ammunition or ammunition components are certified 

21 by the Secretary of the Army or designee as unserviceable 

22 or unsafe for further use. 

23 SEC. 8019. No more than $500,000 of the funds ap24 propriated or made available in this Act shall be used dur25 ing a single fiscal year for any single relocation of an orgaSeptember 11, 2018 (8:05 p.m.)
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1 nization, unit, activity or function of the Department of 

2 Defense into or within the National Capital Region: Pro3 vided, That the Secretary of Defense may waive this re4 striction on a case-by-case basis by certifying in writing 

5 to the congressional defense committees that such a relo6 cation is required in the best interest of the Government. 

7 SEC. 8020. Of the funds made available in this Act, 

8 $25,000,000 shall be available for incentive payments au9 thorized by section 504 of the Indian Financing Act of 

10 1974 (25 U.S.C. 1544): Provided, That a prime contractor 

11 or a subcontractor at any tier that makes a subcontract 

12 award to any subcontractor or supplier as defined in sec13 tion 1544 of title 25, United States Code, or a small busi14 ness owned and controlled by an individual or individuals 

15 defined under section 4221(9) of title 25, United States 

16 Code, shall be considered a contractor for the purposes 

17 of being allowed additional compensation under section 

18 504 of the Indian Financing Act of 1974 (25 U.S.C. 

19 1544) whenever the prime contract or subcontract amount 

20 is over $500,000 and involves the expenditure of funds 

21 appropriated by an Act making appropriations for the De22 partment of Defense with respect to any fiscal year: Pro23 vided further, That notwithstanding section 1906 of title 

24 41, United States Code, this section shall be applicable 

25 to any Department of Defense acquisition of supplies or 

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1 services, including any contract and any subcontract at 

2 any tier for acquisition of commercial items produced or 

3 manufactured, in whole or in part, by any subcontractor 

4 or supplier defined in section 1544 of title 25, United 

5 States Code, or a small business owned and controlled by 

6 an individual or individuals defined under section 4221(9) 

7 of title 25, United States Code. 

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

9 Defense Media Activity shall not be used for any national 

10 or international political or psychological activities. 

11 SEC. 8022. During the current fiscal year, the De12 partment of Defense is authorized to incur obligations of 

13 not to exceed $350,000,000 for purposes specified in sec14 tion 2350j(c) of title 10, United States Code, in anticipa15 tion of receipt of contributions, only from the Government 

16 of Kuwait, under that section: Provided, That, upon re17 ceipt, such contributions from the Government of Kuwait 

18 shall be credited to the appropriations or fund which in19 curred such obligations. 

20 SEC. 8023. (a) Of the funds made available in this 

21 Act, not less than $46,100,000 shall be available for the 

22 Civil Air Patrol Corporation, of which— 

23 (1) $33,600,000 shall be available from ‘‘Oper24 ation and Maintenance, Air Force’’ to support Civil 

25 Air Patrol Corporation operation and maintenance, 

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1 readiness, counter-drug activities, and drug demand 

2 reduction activities involving youth programs; 

3 (2) $10,800,000 shall be available from ‘‘Air4 craft Procurement, Air Force’’; and 

5 (3) $1,700,000 shall be available from ‘‘Other 

6 Procurement, Air Force’’ for vehicle procurement. 

7 (b) The Secretary of the Air Force should waive reim8 bursement for any funds used by the Civil Air Patrol for 

9 counter-drug activities in support of Federal, State, and 

10 local government agencies. 

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

12 Act are available to establish a new Department of De13 fense (department) federally funded research and develop14 ment center (FFRDC), either as a new entity, or as a 

15 separate entity administrated by an organization man16 aging another FFRDC, or as a nonprofit membership cor17 poration consisting of a consortium of other FFRDCs and 

18 other nonprofit entities. 

19 (b) No member of a Board of Directors, Trustees, 

20 Overseers, Advisory Group, Special Issues Panel, Visiting 

21 Committee, or any similar entity of a defense FFRDC, 

22 and no paid consultant to any defense FFRDC, except 

23 when acting in a technical advisory capacity, may be com24 pensated for his or her services as a member of such enti25 ty, or as a paid consultant by more than one FFRDC in 

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1 a fiscal year: Provided, That a member of any such entity 

2 referred to previously in this subsection shall be allowed 

3 travel expenses and per diem as authorized under the Fed4 eral Joint Travel Regulations, when engaged in the per5 formance of membership duties. 

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

7 of the funds available to the department from any source 

8 during the current fiscal year may be used by a defense 

9 FFRDC, through a fee or other payment mechanism, for 

10 construction of new buildings not located on a military in11 stallation, for payment of cost sharing for projects funded 

12 by Government grants, for absorption of contract over13 runs, or for certain charitable contributions, not to include 

14 employee participation in community service and/or devel15 opment. 

16 (d) Notwithstanding any other provision of law, of 

17 the funds available to the department during fiscal year 

18 2019, not more than 6,030 staff years of technical effort 

19 (staff years) may be funded for defense FFRDCs: Pro20 vided, That, of the specific amount referred to previously 

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

22 be funded for the defense studies and analysis FFRDCs: 

23 Provided further, That this subsection shall not apply to 

24 staff years funded in the National Intelligence Program 

25 (NIP) and the Military Intelligence Program (MIP). 

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1 (e) The Secretary of Defense shall, with the submis2 sion of the department’s fiscal year 2020 budget request, 

3 submit a report presenting the specific amounts of staff 

4 years of technical effort to be allocated for each defense 

5 FFRDC during that fiscal year and the associated budget 

6 estimates. 

7 (f) Notwithstanding any other provision of this Act, 

8 the total amount appropriated in this Act for FFRDCs 

9 is hereby reduced by $179,000,000: Provided, That this 

10 subsection shall not apply to appropriations for the Na11 tional Intelligence Program (NIP) and the Military Intel12 ligence Program (MIP). 

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

14 available in this Act shall be used to procure carbon, alloy, 

15 or armor steel plate for use in any Government-owned fa16 cility or property under the control of the Department of 

17 Defense which were not melted and rolled in the United 

18 States or Canada: Provided, That these procurement re19 strictions shall apply to any and all Federal Supply Class 

20 9515, American Society of Testing and Materials (ASTM) 

21 or American Iron and Steel Institute (AISI) specifications 

22 of carbon, alloy or armor steel plate: Provided further, 

23 That the Secretary of the military department responsible 

24 for the procurement may waive this restriction on a case25 by-case basis by certifying in writing to the Committees 

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1 on Appropriations of the House of Representatives and the 

2 Senate that adequate domestic supplies are not available 

3 to meet Department of Defense requirements on a timely 

4 basis and that such an acquisition must be made in order 

5 to acquire capability for national security purposes: Pro6 vided further, That these restrictions shall not apply to 

7 contracts which are in being as of the date of the enact8 ment of this Act. 

9 SEC. 8026. For the purposes of this Act, the term 

10 ‘‘congressional defense committees’’ means the Armed 

11 Services Committee of the House of Representatives, the 

12 Armed Services Committee of the Senate, the Sub13 committee on Defense of the Committee on Appropriations 

14 of the Senate, and the Subcommittee on Defense of the 

15 Committee on Appropriations of the House of Representa16 tives. 

17 SEC. 8027. During the current fiscal year, the De18 partment of Defense may acquire the modification, depot 

19 maintenance and repair of aircraft, vehicles and vessels 

20 as well as the production of components and other De21 fense-related articles, through competition between De22 partment of Defense depot maintenance activities and pri23 vate firms: Provided, That the Senior Acquisition Execu24 tive of the military department or Defense Agency con25 cerned, with power of delegation, shall certify that successSeptember 11, 2018 (8:05 p.m.)
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1 ful bids include comparable estimates of all direct and in2 direct costs for both public and private bids: Provided fur3 ther, That Office of Management and Budget Circular A– 

4 76 shall not apply to competitions conducted under this 

5 section. 

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

7 consultation with the United States Trade Representative, 

8 determines that a foreign country which is party to an 

9 agreement described in paragraph (2) has violated the 

10 terms of the agreement by discriminating against certain 

11 types of products produced in the United States that are 

12 covered by the agreement, the Secretary of Defense shall 

13 rescind the Secretary’s blanket waiver of the Buy Amer14 ican Act with respect to such types of products produced 

15 in that foreign country. 

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

17 reciprocal defense procurement memorandum of under18 standing, between the United States and a foreign country 

19 pursuant to which the Secretary of Defense has prospec20 tively waived the Buy American Act for certain products 

21 in that country. 

22 (b) The Secretary of Defense shall submit to the Con23 gress a report on the amount of Department of Defense 

24 purchases from foreign entities in fiscal year 2019. Such 

25 report shall separately indicate the dollar value of items 

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1 for which the Buy American Act was waived pursuant to 

2 any agreement described in subsection (a)(2), the Trade 

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

4 international agreement to which the United States is a 

5 party. 

6 (c) For purposes of this section, the term ‘‘Buy 

7 American Act’’ means chapter 83 of title 41, United 

8 States Code. 

9 SEC. 8029. During the current fiscal year, amounts 

10 contained in the Department of Defense Overseas Military 

11 Facility Investment Recovery Account established by sec12 tion 2921(c)(1) of the National Defense Authorization Act 

13 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 

14 be available until expended for the payments specified by 

15 section 2921(c)(2) of that Act. 

16 SEC. 8030. (a) Notwithstanding any other provision 

17 of law, the Secretary of the Air Force may convey at no 

18 cost to the Air Force, without consideration, to Indian 

19 tribes located in the States of Nevada, Idaho, North Da20 kota, South Dakota, Montana, Oregon, Minnesota, and 

21 Washington relocatable military housing units located at 

22 Grand Forks Air Force Base, Malmstrom Air Force Base, 

23 Mountain Home Air Force Base, Ellsworth Air Force 

24 Base, and Minot Air Force Base that are excess to the 

25 needs of the Air Force. 

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1 (b) The Secretary of the Air Force shall convey, at 

2 no cost to the Air Force, military housing units under sub3 section (a) in accordance with the request for such units 

4 that are submitted to the Secretary by the Operation 

5 Walking Shield Program on behalf of Indian tribes located 

6 in the States of Nevada, Idaho, North Dakota, South Da7 kota, Montana, Oregon, Minnesota, and Washington. Any 

8 such conveyance shall be subject to the condition that the 

9 housing units shall be removed within a reasonable period 

10 of time, as determined by the Secretary. 

11 (c) The Operation Walking Shield Program shall re12 solve any conflicts among requests of Indian tribes for 

13 housing units under subsection (a) before submitting re14 quests to the Secretary of the Air Force under subsection 

15 (b). 

16 (d) In this section, the term ‘‘Indian tribe’’ means 

17 any recognized Indian tribe included on the current list 

18 published by the Secretary of the Interior under section 

19 104 of the Federally Recognized Indian Tribe Act of 1994 

20 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 5131). 

21 SEC. 8031. During the current fiscal year, appropria22 tions which are available to the Department of Defense 

23 for operation and maintenance may be used to purchase 

24 items having an investment item unit cost of not more 

25 than $250,000. 

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1 SEC. 8032. None of the funds made available by this 

2 Act may be used to— 

3 (1) disestablish, or prepare to disestablish, a 

4 Senior Reserve Officers’ Training Corps program in 

5 accordance with Department of Defense Instruction 

6 Number 1215.08, dated June 26, 2006; or 

7 (2) close, downgrade from host to extension 

8 center, or place on probation a Senior Reserve Offi9 cers’ Training Corps program in accordance with the 

10 information paper of the Department of the Army 

11 titled ‘‘Army Senior Reserve Officer’s Training 

12 Corps (SROTC) Program Review and Criteria’’, 

13 dated January 27, 2014. 

14 SEC. 8033. Up to $10,518,000 of the funds appro15 priated under the heading ‘‘Operation and Maintenance, 

16 Navy’’ may be made available for the Asia Pacific Re17 gional Initiative Program for the purpose of enabling the 

18 Pacific Command to execute Theater Security Cooperation 

19 activities such as humanitarian assistance, and payment 

20 of incremental and personnel costs of training and exer21 cising with foreign security forces: Provided, That funds 

22 made available for this purpose may be used, notwith23 standing any other funding authorities for humanitarian 

24 assistance, security assistance or combined exercise ex25 penses: Provided further, That funds may not be obligated 

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1 to provide assistance to any foreign country that is other2 wise prohibited from receiving such type of assistance 

3 under any other provision of law. 

4 SEC. 8034. The Secretary of Defense shall issue reg5 ulations to prohibit the sale of any tobacco or tobacco6 related products in military resale outlets in the United 

7 States, its territories and possessions at a price below the 

8 most competitive price in the local community: Provided, 

9 That such regulations shall direct that the prices of to10 bacco or tobacco-related products in overseas military re11 tail outlets shall be within the range of prices established 

12 for military retail system stores located in the United 

13 States. 

14 SEC. 8035. (a) During the current fiscal year, none 

15 of the appropriations or funds available to the Department 

16 of Defense Working Capital Funds shall be used for the 

17 purchase of an investment item for the purpose of acquir18 ing a new inventory item for sale or anticipated sale dur19 ing the current fiscal year or a subsequent fiscal year to 

20 customers of the Department of Defense Working Capital 

21 Funds if such an item would not have been chargeable 

22 to the Department of Defense Business Operations Fund 

23 during fiscal year 1994 and if the purchase of such an 

24 investment item would be chargeable during the current 

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1 fiscal year to appropriations made to the Department of 

2 Defense for procurement. 

3 (b) The fiscal year 2020 budget request for the De4 partment of Defense as well as all justification material 

5 and other documentation supporting the fiscal year 2020 

6 Department of Defense budget shall be prepared and sub7 mitted to the Congress on the basis that any equipment 

8 which was classified as an end item and funded in a pro9 curement appropriation contained in this Act shall be 

10 budgeted for in a proposed fiscal year 2020 procurement 

11 appropriation and not in the supply management business 

12 area or any other area or category of the Department of 

13 Defense Working Capital Funds. 

14 SEC. 8036. None of the funds appropriated by this 

15 Act for programs of the Central Intelligence Agency shall 

16 remain available for obligation beyond the current fiscal 

17 year, except for funds appropriated for the Reserve for 

18 Contingencies, which shall remain available until Sep19 tember 30, 2020: Provided, That funds appropriated, 

20 transferred, or otherwise credited to the Central Intel21 ligence Agency Central Services Working Capital Fund 

22 during this or any prior or subsequent fiscal year shall 

23 remain available until expended: Provided further, That 

24 any funds appropriated or transferred to the Central Intel25 ligence Agency for advanced research and development acSeptember 11, 2018 (8:05 p.m.)
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1 quisition, for agent operations, and for covert action pro2 grams authorized by the President under section 503 of 

3 the National Security Act of 1947 (50 U.S.C. 3093) shall 

4 remain available until September 30, 2020. 

5 SEC. 8037. Of the funds appropriated to the Depart6 ment of Defense under the heading ‘‘Operation and Main7 tenance, Defense-Wide’’, not less than $12,000,000 shall 

8 be made available only for the mitigation of environmental 

9 impacts, including training and technical assistance to 

10 tribes, related administrative support, the gathering of in11 formation, documenting of environmental damage, and de12 veloping a system for prioritization of mitigation and cost 

13 to complete estimates for mitigation, on Indian lands re14 sulting from Department of Defense activities. 

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

16 Act may be expended by an entity of the Department of 

17 Defense unless the entity, in expending the funds, com18 plies with the Buy American Act. For purposes of this 

19 subsection, the term ‘‘Buy American Act’’ means chapter 

20 83 of title 41, United States Code. 

21 (b) If the Secretary of Defense determines that a per22 son has been convicted of intentionally affixing a label 

23 bearing a ‘‘Made in America’’ inscription to any product 

24 sold in or shipped to the United States that is not made 

25 in America, the Secretary shall determine, in accordance 

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1 with section 2410f of title 10, United States Code, wheth2 er the person should be debarred from contracting with 

3 the Department of Defense. 

4 (c) In the case of any equipment or products pur5 chased with appropriations provided under this Act, it is 

6 the sense of the Congress that any entity of the Depart7 ment of Defense, in expending the appropriation, purchase 

8 only American-made equipment and products, provided 

9 that American-made equipment and products are cost10 competitive, quality competitive, and available in a timely 

11 fashion. 

12 SEC. 8039. (a) Except as provided in subsections (b) 

13 and (c), none of the funds made available by this Act may 

14 be used— 

15 (1) to establish a field operating agency; or 

16 (2) to pay the basic pay of a member of the 

17 Armed Forces or civilian employee of the depart18 ment who is transferred or reassigned from a head19 quarters activity if the member or employee’s place 

20 of duty remains at the location of that headquarters. 

21 (b) The Secretary of Defense or Secretary of a mili22 tary department may waive the limitations in subsection 

23 (a), on a case-by-case basis, if the Secretary determines, 

24 and certifies to the Committees on Appropriations of the 

25 House of Representatives and the Senate that the grantSeptember 11, 2018 (8:05 p.m.)
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1 ing of the waiver will reduce the personnel requirements 

2 or the financial requirements of the department. 

3 (c) This section does not apply to— 

4 (1) field operating agencies funded within the 

5 National Intelligence Program; 

6 (2) an Army field operating agency established 

7 to eliminate, mitigate, or counter the effects of im8 provised explosive devices, and, as determined by the 

9 Secretary of the Army, other similar threats; 

10 (3) an Army field operating agency established 

11 to improve the effectiveness and efficiencies of bio12 metric activities and to integrate common biometric 

13 technologies throughout the Department of Defense; 

14 or 

15 (4) an Air Force field operating agency estab16 lished to administer the Air Force Mortuary Affairs 

17 Program and Mortuary Operations for the Depart18 ment of Defense and authorized Federal entities. 

19 SEC. 8040. (a) None of the funds appropriated by 

20 this Act shall be available to convert to contractor per21 formance an activity or function of the Department of De22 fense that, on or after the date of the enactment of this 

23 Act, is performed by Department of Defense civilian em24 ployees unless— 

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1 (1) the conversion is based on the result of a 

2 public-private competition that includes a most effi3 cient and cost effective organization plan developed 

4 by such activity or function; 

5 (2) the Competitive Sourcing Official deter6 mines that, over all performance periods stated in 

7 the solicitation of offers for performance of the ac8 tivity or function, the cost of performance of the ac9 tivity or function by a contractor would be less costly 

10 to the Department of Defense by an amount that 

11 equals or exceeds the lesser of— 

12 (A) 10 percent of the most efficient organi13 zation’s personnel-related costs for performance 

14 of that activity or function by Federal employ15 ees; or 

16 (B) $10,000,000; and 

17 (3) the contractor does not receive an advan18 tage for a proposal that would reduce costs for the 

19 Department of Defense by— 

20 (A) not making an employer-sponsored 

21 health insurance plan available to the workers 

22 who are to be employed in the performance of 

23 that activity or function under the contract; or 

24 (B) offering to such workers an employer25 sponsored health benefits plan that requires the 

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1 employer to contribute less towards the pre2 mium or subscription share than the amount 

3 that is paid by the Department of Defense for 

4 health benefits for civilian employees under 

5 chapter 89 of title 5, United States Code. 

6 (b)(1) The Department of Defense, without regard 

7 to subsection (a) of this section or subsection (a), (b), or 

8 (c) of section 2461 of title 10, United States Code, and 

9 notwithstanding any administrative regulation, require10 ment, or policy to the contrary shall have full authority 

11 to enter into a contract for the performance of any com12 mercial or industrial type function of the Department of 

13 Defense that— 

14 (A) is included on the procurement list estab15 lished pursuant to section 2 of the Javits-Wagner16 O’Day Act (section 8503 of title 41, United States 

17 Code); 

18 (B) is planned to be converted to performance 

19 by a qualified nonprofit agency for the blind or by 

20 a qualified nonprofit agency for other severely handi21 capped individuals in accordance with that Act; or 

22 (C) is planned to be converted to performance 

23 by a qualified firm under at least 51 percent owner24 ship by an Indian tribe, as defined in section 4(e) 

25 of the Indian Self-Determination and Education AsSeptember 11, 2018 (8:05 p.m.)
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1 sistance Act (25 U.S.C. 450b(e)), or a Native Ha2 waiian Organization, as defined in section 8(a)(15) 

3 of the Small Business Act (15 U.S.C. 637(a)(15)). 

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

5 or contracts for depot maintenance as provided in sections 

6 2469 and 2474 of title 10, United States Code. 

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

8 Department of Defense under the authority provided by 

9 this section shall be credited toward any competitive or 

10 outsourcing goal, target, or measurement that may be es11 tablished by statute, regulation, or policy and is deemed 

12 to be awarded under the authority of, and in compliance 

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

14 States Code, for the competition or outsourcing of com15 mercial activities. 

16 (RESCISSIONS)

17 SEC. 8041. Of the funds appropriated in Department 

18 of Defense Appropriations Acts, the following funds are 

19 hereby rescinded from the following accounts and pro20 grams in the specified amounts: Provided, That no 

21 amounts may be rescinded from amounts that were des22 ignated by the Congress for Overseas Contingency Oper23 ations/Global War on Terrorism or as an emergency re24 quirement pursuant to the Concurrent Resolution on the 

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1 Budget or the Balanced Budget and Emergency Deficit 

2 Control Act of 1985, as amended: 

3 ‘‘Shipbuilding and Conversion, Navy: DDG–51 

4 Destroyer’’, 2011/2020, $94,000,000; 

5 ‘‘Shipbuilding and Conversion, Navy: CVN 

6 RCOH (AP)’’, 2011/2020, $4,000,000; 

7 ‘‘Shipbuilding and Conversion, Navy: DDG–51 

8 Destroyer’’, 2012/2020, $66,000,000; 

9 ‘‘Shipbuilding and Conversion, Navy: LPD– 

10 17’’, 2012/2020, $13,000,000; 

11 ‘‘Shipbuilding and Conversion, Navy: Joint 

12 High Speed Vessel’’, 2012/2020, $8,000,000; 

13 ‘‘Aircraft Procurement, Army’’, 2017/2019, 

14 $16,000,000; 

15 ‘‘Aircraft Procurement, Navy’’, 2017/2019, 

16 $38,894,000; 

17 ‘‘Other Procurement, Navy’’, 2017/2019, 

18 $32,344,000; 

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

20 $169,677,000; 

21 ‘‘Space Procurement, Air Force’’, 2017/2019, 

22 $5,000,000; 

23 ‘‘Other Procurement, Air Force’’, 2017/2019, 

24 $44,300,000; 

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1 ‘‘Defense Health Program: Procurement’’, 

2 2017/2019, $2,413,000; 

3 ‘‘Missile Procurement, Army’’, 2018/2020, 

4 $80,000,000; 

5 ‘‘Procurement of Weapons and Tracked Combat 

6 Vehicles, Army’’, 2018/2020, $210,506,000; 

7 ‘‘Other Procurement, Army’’, 2018/2020, 

8 $64,390,000; 

9 ‘‘Aircraft Procurement, Navy’’, 2018/2020, 

10 $26,361,000; 

11 ‘‘Weapons Procurement, Navy’’, 2018/2020, 

12 $115,657,000; 

13 ‘‘Other Procurement, Navy’’, 2018/2020, 

14 $36,600,000; 

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

16 $195,255,000; 

17 ‘‘Missile Procurement, Air Force’’, 2018/2020, 

18 $5,200,000; 

19 ‘‘Space Procurement, Air Force’’, 2018/2020, 

20 $218,100,000; 

21 ‘‘Procurement of Ammunition, Air Force’’, 

22 2018/2020, $17,100,000; 

23 ‘‘Other Procurement, Air Force’’, 2018/2020, 

24 $123,500,000; 

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1 ‘‘Research, Development, Test and Evaluation, 

2 Army’’, 2018/2019, $191,120,000; 

3 ‘‘Research, Development, Test and Evaluation, 

4 Air Force’’, 2018/2019, $490,588,000; 

5 ‘‘Research, Development, Test and Evaluation, 

6 Defense-Wide’’, 2018/2019, $25,000,000; and 

7 ‘‘Defense Health Program: Procurement’’, 

8 2018/2020, $215,000,000. 

9 SEC. 8042. None of the funds available in this Act 

10 may be used to reduce the authorized positions for mili11 tary technicians (dual status) of the Army National 

12 Guard, Air National Guard, Army Reserve and Air Force 

13 Reserve for the purpose of applying any administratively 

14 imposed civilian personnel ceiling, freeze, or reduction on 

15 military technicians (dual status), unless such reductions 

16 are a direct result of a reduction in military force struc17 ture. 

18 SEC. 8043. None of the funds appropriated or other19 wise made available in this Act may be obligated or ex20 pended for assistance to the Democratic People’s Republic 

21 of Korea unless specifically appropriated for that purpose. 

22 SEC. 8044. Funds appropriated in this Act for oper23 ation and maintenance of the Military Departments, Com24 batant Commands and Defense Agencies shall be available 

25 for reimbursement of pay, allowances and other expenses 

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1 which would otherwise be incurred against appropriations 

2 for the National Guard and Reserve when members of the 

3 National Guard and Reserve provide intelligence or coun4 terintelligence support to Combatant Commands, Defense 

5 Agencies and Joint Intelligence Activities, including the 

6 activities and programs included within the National Intel7 ligence Program and the Military Intelligence Program: 

8 Provided, That nothing in this section authorizes deviation 

9 from established Reserve and National Guard personnel 

10 and training procedures. 

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

12 Department of Defense for any fiscal year for drug inter13 diction or counter-drug activities may be transferred to 

14 any other department or agency of the United States ex15 cept as specifically provided in an appropriations law. 

16 (b) None of the funds available to the Central Intel17 ligence Agency for any fiscal year for drug interdiction or 

18 counter-drug activities may be transferred to any other de19 partment or agency of the United States except as specifi20 cally provided in an appropriations law. 

21 SEC. 8046. None of the funds appropriated by this 

22 Act may be used for the procurement of ball and roller 

23 bearings other than those produced by a domestic source 

24 and of domestic origin: Provided, That the Secretary of 

25 the military department responsible for such procurement 

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1 may waive this restriction on a case-by-case basis by certi2 fying in writing to the Committees on Appropriations of 

3 the House of Representatives and the Senate, that ade4 quate domestic supplies are not available to meet Depart5 ment of Defense requirements on a timely basis and that 

6 such an acquisition must be made in order to acquire ca7 pability for national security purposes: Provided further, 

8 That this restriction shall not apply to the purchase of 

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

10 United States Code, except that the restriction shall apply 

11 to ball or roller bearings purchased as end items. 

12 SEC. 8047. Of the amounts appropriated for ‘‘Work13 ing Capital Fund, Army’’, $99,000,000 shall be available 

14 to maintain competitive rates at the arsenals. 

15 SEC. 8048. In addition to the amounts appropriated 

16 or otherwise made available elsewhere in this Act, 

17 $44,000,000 is hereby appropriated to the Department of 

18 Defense: Provided, That upon the determination of the 

19 Secretary of Defense that it shall serve the national inter20 est, the Secretary shall make grants in the amounts speci21 fied as follows: $20,000,000 to the United Service Organi22 zations and $24,000,000 to the Red Cross. 

23 SEC. 8049. None of the funds in this Act may be 

24 used to purchase any supercomputer which is not manu25 factured in the United States, unless the Secretary of DeSeptember 11, 2018 (8:05 p.m.)
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1 fense certifies to the congressional defense committees 

2 that such an acquisition must be made in order to acquire 

3 capability for national security purposes that is not avail4 able from United States manufacturers. 

5 SEC. 8050. Notwithstanding any other provision in 

6 this Act, the Small Business Innovation Research program 

7 and the Small Business Technology Transfer program set8 asides shall be taken proportionally from all programs, 

9 projects, or activities to the extent they contribute to the 

10 extramural budget. 

11 SEC. 8051. None of the funds available to the De12 partment of Defense under this Act shall be obligated or 

13 expended to pay a contractor under a contract with the 

14 Department of Defense for costs of any amount paid by 

15 the contractor to an employee when— 

16 (1) such costs are for a bonus or otherwise in 

17 excess of the normal salary paid by the contractor 

18 to the employee; and 

19 (2) such bonus is part of restructuring costs as20 sociated with a business combination. 

21 (INCLUDING TRANSFER OF FUNDS)

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

23 than $30,000,000 of appropriations made in this Act 

24 under the heading ‘‘Operation and Maintenance, Defense25 Wide’’ may be transferred to appropriations available for 

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1 the pay of military personnel, to be merged with, and to 

2 be available for the same time period as the appropriations 

3 to which transferred, to be used in support of such per4 sonnel in connection with support and services for eligible 

5 organizations and activities outside the Department of De6 fense pursuant to section 2012 of title 10, United States 

7 Code. 

8 SEC. 8053. During the current fiscal year, in the case 

9 of an appropriation account of the Department of Defense 

10 for which the period of availability for obligation has ex11 pired or which has closed under the provisions of section 

12 1552 of title 31, United States Code, and which has a 

13 negative unliquidated or unexpended balance, an obliga14 tion or an adjustment of an obligation may be charged 

15 to any current appropriation account for the same purpose 

16 as the expired or closed account if— 

17 (1) the obligation would have been properly 

18 chargeable (except as to amount) to the expired or 

19 closed account before the end of the period of avail20 ability or closing of that account; 

21 (2) the obligation is not otherwise properly 

22 chargeable to any current appropriation account of 

23 the Department of Defense; and 

24 (3) in the case of an expired account, the obli25 gation is not chargeable to a current appropriation 

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1 of the Department of Defense under the provisions 

2 of section 1405(b)(8) of the National Defense Au3 thorization Act for Fiscal Year 1991, Public Law 

4 101–510, as amended (31 U.S.C. 1551 note): Pro5 vided, That in the case of an expired account, if sub6 sequent review or investigation discloses that there 

7 was not in fact a negative unliquidated or unex8 pended balance in the account, any charge to a cur9 rent account under the authority of this section shall 

10 be reversed and recorded against the expired ac11 count: Provided further, That the total amount 

12 charged to a current appropriation under this sec13 tion may not exceed an amount equal to 1 percent 

14 of the total appropriation for that account. 

15 SEC. 8054. (a) Notwithstanding any other provision 

16 of law, the Chief of the National Guard Bureau may per17 mit the use of equipment of the National Guard Distance 

18 Learning Project by any person or entity on a space-avail19 able, reimbursable basis. The Chief of the National Guard 

20 Bureau shall establish the amount of reimbursement for 

21 such use on a case-by-case basis. 

22 (b) Amounts collected under subsection (a) shall be 

23 credited to funds available for the National Guard Dis24 tance Learning Project and be available to defray the costs 

25 associated with the use of equipment of the project under 

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1 that subsection. Such funds shall be available for such 

2 purposes without fiscal year limitation. 

3 (INCLUDING TRANSFER OF FUNDS)

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

5 under the heading ‘‘Operation and Maintenance, Defense6 wide’’, $35,000,000 shall be for continued implementation 

7 and expansion of the Sexual Assault Special Victims’ 

8 Counsel Program: Provided, That the funds are made 

9 available for transfer to the Department of the Army, the 

10 Department of the Navy, and the Department of the Air 

11 Force: Provided further, That funds transferred shall be 

12 merged with and available for the same purposes and for 

13 the same time period as the appropriations to which the 

14 funds are transferred: Provided further, That this transfer 

15 authority is in addition to any other transfer authority 

16 provided in this Act. 

17 SEC. 8056. None of the funds appropriated in title 

18 IV of this Act may be used to procure end-items for deliv19 ery to military forces for operational training, operational 

20 use or inventory requirements: Provided, That this restric21 tion does not apply to end-items used in development, 

22 prototyping, and test activities preceding and leading to 

23 acceptance for operational use: Provided further, That the 

24 Secretary of Defense shall, with submission of the depart25 ment’s fiscal year 2020 budget request, submit a report 

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1 detailing the use of funds requested in research, develop2 ment, test and evaluation accounts for end-items used in 

3 development, prototyping and test activities preceding and 

4 leading to acceptance for operational use: Provided further, 

5 That this restriction does not apply to programs funded 

6 within the National Intelligence Program: Provided fur7 ther, That the Secretary of Defense may waive this restric8 tion on a case-by-case basis by certifying in writing to the 

9 Committees on Appropriations of the House of Represent10 atives and the Senate that it is in the national security 

11 interest to do so. 

12 SEC. 8057. (a) The Secretary of Defense may, on a 

13 case-by-case basis, waive with respect to a foreign country 

14 each limitation on the procurement of defense items from 

15 foreign sources provided in law if the Secretary determines 

16 that the application of the limitation with respect to that 

17 country would invalidate cooperative programs entered 

18 into between the Department of Defense and the foreign 

19 country, or would invalidate reciprocal trade agreements 

20 for the procurement of defense items entered into under 

21 section 2531 of title 10, United States Code, and the 

22 country does not discriminate against the same or similar 

23 defense items produced in the United States for that coun24 try. 

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

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1 (1) contracts and subcontracts entered into on 

2 or after the date of the enactment of this Act; and 

3 (2) options for the procurement of items that 

4 are exercised after such date under contracts that 

5 are entered into before such date if the option prices 

6 are adjusted for any reason other than the applica7 tion of a waiver granted under subsection (a). 

8 (c) Subsection (a) does not apply to a limitation re9 garding construction of public vessels, ball and roller bear10 ings, food, and clothing or textile materials as defined by 

11 section XI (chapters 50–65) of the Harmonized Tariff 

12 Schedule of the United States and products classified 

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

14 6505, 7019, 7218 through 7229, 7304.41 through 

15 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 

16 8211, 8215, and 9404. 

17 SEC. 8058. None of the funds appropriated or other18 wise made available by this or other Department of De19 fense Appropriations Acts may be obligated or expended 

20 for the purpose of performing repairs or maintenance to 

21 military family housing units of the Department of De22 fense, including areas in such military family housing 

23 units that may be used for the purpose of conducting offi24 cial Department of Defense business. 

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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8059. Of the amounts appropriated for ‘‘Oper3 ation and Maintenance, Navy’’, up to $1,000,000 shall be 

4 available for transfer to the John C. Stennis Center for 

5 Public Service Development Trust Fund established under 

6 section 116 of the John C. Stennis Center for Public Serv7 ice Training and Development Act (2 U.S.C. 1105). 

8 SEC. 8060. Notwithstanding any other provision of 

9 law, funds appropriated in this Act under the heading 

10 ‘‘Research, Development, Test and Evaluation, Defense11 Wide’’ for any new start advanced concept technology 

12 demonstration project or joint capability demonstration 

13 project may only be obligated 45 days after a report, in14 cluding a description of the project, the planned acquisi15 tion and transition strategy and its estimated annual and 

16 total cost, has been provided in writing to the congres17 sional defense committees: Provided, That the Secretary 

18 of Defense may waive this restriction on a case-by-case 

19 basis by certifying to the congressional defense committees 

20 that it is in the national interest to do so. 

21 SEC. 8061. The Secretary of Defense shall continue 

22 to provide a classified quarterly report to the House and 

23 Senate Appropriations Committees, Subcommittees on 

24 Defense on certain matters as directed in the classified 

25 annex accompanying this Act. 

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1 SEC. 8062. Notwithstanding section 12310(b) of title 

2 10, United States Code, a Reserve who is a member of 

3 the National Guard serving on full-time National Guard 

4 duty under section 502(f) of title 32, United States Code, 

5 may perform duties in support of the ground-based ele6 ments of the National Ballistic Missile Defense System. 

7 SEC. 8063. None of the funds provided in this Act 

8 may be used to transfer to any nongovernmental entity 

9 ammunition held by the Department of Defense that has 

10 a center-fire cartridge and a United States military no11 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

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

13 ‘‘armor-piercing incendiary tracer (API–T)’’, except to an 

14 entity performing demilitarization services for the Depart15 ment of Defense under a contract that requires the entity 

16 to demonstrate to the satisfaction of the Department of 

17 Defense that armor piercing projectiles are either: (1) ren18 dered incapable of reuse by the demilitarization process; 

19 or (2) used to manufacture ammunition pursuant to a con20 tract with the Department of Defense or the manufacture 

21 of ammunition for export pursuant to a License for Per22 manent Export of Unclassified Military Articles issued by 

23 the Department of State. 

24 SEC. 8064. Notwithstanding any other provision of 

25 law, the Chief of the National Guard Bureau, or his desSeptember 11, 2018 (8:05 p.m.)
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1 ignee, may waive payment of all or part of the consider2 ation that otherwise would be required under section 2667 

3 of title 10, United States Code, in the case of a lease of 

4 personal property for a period not in excess of 1 year to 

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

6 United States Code, or any other youth, social, or fra7 ternal nonprofit organization as may be approved by the 

8 Chief of the National Guard Bureau, or his designee, on 

9 a case-by-case basis. 

10 (INCLUDING TRANSFER OF FUNDS)

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

12 under the heading ‘‘Operation and Maintenance, Army’’, 

13 $62,483,700 shall remain available until expended: Pro14 vided, That, notwithstanding any other provision of law, 

15 the Secretary of Defense is authorized to transfer such 

16 funds to other activities of the Federal Government: Pro17 vided further, That the Secretary of Defense is authorized 

18 to enter into and carry out contracts for the acquisition 

19 of real property, construction, personal services, and oper20 ations related to projects carrying out the purposes of this 

21 section: Provided further, That contracts entered into 

22 under the authority of this section may provide for such 

23 indemnification as the Secretary determines to be nec24 essary: Provided further, That projects authorized by this 

25 section shall comply with applicable Federal, State, and 

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1 local law to the maximum extent consistent with the na2 tional security, as determined by the Secretary of Defense. 

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

4 or any other Act may be used to take any action to mod5 ify— 

6 (1) the appropriations account structure for the 

7 National Intelligence Program budget, including 

8 through the creation of a new appropriation or new 

9 appropriation account; 

10 (2) how the National Intelligence Program 

11 budget request is presented in the unclassified P–1, 

12 R–1, and O–1 documents supporting the Depart13 ment of Defense budget request; 

14 (3) the process by which the National Intel15 ligence Program appropriations are apportioned to 

16 the executing agencies; or 

17 (4) the process by which the National Intel18 ligence Program appropriations are allotted, obli19 gated and disbursed. 

20 (b) Nothing in section (a) shall be construed to pro21 hibit the merger of programs or changes to the National 

22 Intelligence Program budget at or below the Expenditure 

23 Center level, provided such change is otherwise in accord24 ance with paragraphs (a)(1)–(3). 

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1 (c) The Director of National Intelligence and the Sec2 retary of Defense may jointly, only for the purposes of 

3 achieving auditable financial statements and improving 

4 fiscal reporting, study and develop detailed proposals for 

5 alternative financial management processes. Such study 

6 shall include a comprehensive counterintelligence risk as7 sessment to ensure that none of the alternative processes 

8 will adversely affect counterintelligence. 

9 (d) Upon development of the detailed proposals de10 fined under subsection (c), the Director of National Intel11 ligence and the Secretary of Defense shall— 

12 (1) provide the proposed alternatives to all af13 fected agencies; 

14 (2) receive certification from all affected agen15 cies attesting that the proposed alternatives will help 

16 achieve auditability, improve fiscal reporting, and 

17 will not adversely affect counterintelligence; and 

18 (3) not later than 30 days after receiving all 

19 necessary certifications under paragraph (2), present 

20 the proposed alternatives and certifications to the 

21 congressional defense and intelligence committees. 

22 SEC. 8067. In addition to amounts provided else23 where in this Act, $10,000,000 is hereby appropriated to 

24 the Department of Defense, to remain available for obliga25 tion until expended: Provided, That notwithstanding any 

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1 other provision of law, that upon the determination of the 

2 Secretary of Defense that it shall serve the national inter3 est, these funds shall be available only for a grant to the 

4 Fisher House Foundation, Inc., only for the construction 

5 and furnishing of additional Fisher Houses to meet the 

6 needs of military family members when confronted with 

7 the illness or hospitalization of an eligible military bene8 ficiary. 

9 SEC. 8068. None of the funds available to the De10 partment of Defense may be obligated to modify command 

11 and control relationships to give Fleet Forces Command 

12 operational and administrative control of United States 

13 Navy forces assigned to the Pacific fleet: Provided, That 

14 the command and control relationships which existed on 

15 October 1, 2004, shall remain in force until a written 

16 modification has been proposed to the House and Senate 

17 Appropriations Committees: Provided further, That the 

18 proposed modification may be implemented 30 days after 

19 the notification unless an objection is received from either 

20 the House or Senate Appropriations Committees: Provided 

21 further, That any proposed modification shall not preclude 

22 the ability of the commander of United States Pacific 

23 Command to meet operational requirements. 

24 SEC. 8069. Any notice that is required to be sub25 mitted to the Committees on Appropriations of the Senate 

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1 and the House of Representatives under section 806(c)(4) 

2 of the Bob Stump National Defense Authorization Act for 

3 Fiscal Year 2003 (10 U.S.C. 2302 note) after the date 

4 of the enactment of this Act shall be submitted pursuant 

5 to that requirement concurrently to the Subcommittees on 

6 Defense of the Committees on Appropriations of the Sen7 ate and the House of Representatives. 

8 (INCLUDING TRANSFER OF FUNDS)

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

10 under the headings ‘‘Procurement, Defense-Wide’’ and 

11 ‘‘Research, Development, Test and Evaluation, Defense12 Wide’’, $500,000,000 shall be for the Israeli Cooperative 

13 Programs: Provided, That of this amount, $70,000,000 

14 shall be for the Secretary of Defense to provide to the Gov15 ernment of Israel for the procurement of the Iron Dome 

16 defense system to counter short-range rocket threats, sub17 ject to the U.S.-Israel Iron Dome Procurement Agree18 ment, as amended; $187,000,000 shall be for the Short 

19 Range Ballistic Missile Defense (SRBMD) program, in20 cluding cruise missile defense research and development 

21 under the SRBMD program, of which $50,000,000 shall 

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

23 United States and in Israel to meet Israel’s defense re24 quirements consistent with each nation’s laws, regulations, 

25 and procedures, subject to the U.S.-Israeli co-production 

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1 agreement for SRBMD, as amended; $80,000,000 shall 

2 be for an upper-tier component to the Israeli Missile De3 fense Architecture, of which $80,000,000 shall be for co4 production activities of Arrow 3 Upper Tier systems in 

5 the United States and in Israel to meet Israel’s defense 

6 requirements consistent with each nation’s laws, regula7 tions, and procedures, subject to the U.S.-Israeli co-pro8 duction agreement for Arrow 3 Upper Tier, as amended; 

9 and $163,000,000 shall be for the Arrow System Improve10 ment Program including development of a long range, 

11 ground and airborne, detection suite: Provided further, 

12 That the transfer authority provided under this provision 

13 is in addition to any other transfer authority contained 

14 in this Act. 

15 (INCLUDING TRANSFER OF FUNDS)

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

17 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

18 $207,099,000 shall be available until September 30, 2019, 

19 to fund prior year shipbuilding cost increases: Provided, 

20 That upon enactment of this Act, the Secretary of the 

21 Navy shall transfer funds to the following appropriations 

22 in the amounts specified: Provided further, That the 

23 amounts transferred shall be merged with and be available 

24 for the same purposes as the appropriations to which 

25 transferred to: 

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1 (1) Under the heading ‘‘Shipbuilding and Con2 version, Navy’’, 2011/2019: LHA Replacement 

3 $25,100,000; 

4 (2) Under the heading ‘‘Shipbuilding and Con5 version, Navy’’, 2013/2019: DDG–51 Destroyer 

6 $53,966,000; 

7 (3) Under the heading ‘‘Shipbuilding and Con8 version, Navy’’, 2014/2019: Littoral Combat Ship 

9 $19,498,000; 

10 (4) Under the heading ‘‘Shipbuilding and Con11 version, Navy’’, 2015/2019: Littoral Combat Ship 

12 $83,686,000; 

13 (5) Under the heading ‘‘Shipbuilding and Con14 version, Navy’’, 2015/2019: LCAC $9,400,000; and 

15 (6) Under the heading ‘‘Shipbuilding and Con16 version, Navy’’, 2016/2019: TAO Fleet Oiler 

17 $15,449,000. 

18 SEC. 8072. Funds appropriated by this Act, or made 

19 available by the transfer of funds in this Act, for intel20 ligence activities are deemed to be specifically authorized 

21 by the Congress for purposes of section 504 of the Na22 tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 

23 year 2019 until the enactment of the Intelligence Author24 ization Act for Fiscal Year 2019. 

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1 SEC. 8073. None of the funds provided in this Act 

2 shall be available for obligation or expenditure through a 

3 reprogramming of funds that creates or initiates a new 

4 program, project, or activity unless such program, project, 

5 or activity must be undertaken immediately in the interest 

6 of national security and only after written prior notifica7 tion to the congressional defense committees. 

8 SEC. 8074. The budget of the President for fiscal 

9 year 2020 submitted to the Congress pursuant to section 

10 1105 of title 31, United States Code, shall include sepa11 rate budget justification documents for costs of United 

12 States Armed Forces’ participation in contingency oper13 ations for the Military Personnel accounts, the Operation 

14 and Maintenance accounts, the Procurement accounts, 

15 and the Research, Development, Test and Evaluation ac16 counts: Provided, That these documents shall include a de17 scription of the funding requested for each contingency op18 eration, for each military service, to include all Active and 

19 Reserve components, and for each appropriations account: 

20 Provided further, That these documents shall include esti21 mated costs for each element of expense or object class, 

22 a reconciliation of increases and decreases for each contin23 gency operation, and programmatic data including, but 

24 not limited to, troop strength for each Active and Reserve 

25 component, and estimates of the major weapons systems 

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1 deployed in support of each contingency: Provided further, 

2 That these documents shall include budget exhibits OP– 

3 5 and OP–32 (as defined in the Department of Defense 

4 Financial Management Regulation) for all contingency op5 erations for the budget year and the two preceding fiscal 

6 years. 

7 SEC. 8075. None of the funds in this Act may be 

8 used for research, development, test, evaluation, procure9 ment or deployment of nuclear armed interceptors of a 

10 missile defense system. 

11 (RESCISSION)

12 SEC. 8076. Of the funds available to the Secretary 

13 of Defense in the ‘‘Foreign Currency Fluctuations, De14 fense’’ account, $250,000,000 are rescinded. 

15 SEC. 8077. The Secretary of Defense may use up to 

16 $800,000,000 of the amounts appropriated or otherwise 

17 made available in this Act to the Department of Defense 

18 for the rapid acquisition and deployment of supplies and 

19 associated support services pursuant to section 806 of the 

20 Bob Stump National Defense Authorization Act for Fiscal 

21 Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note): 

22 Provided, That the Secretary of Defense shall notify the 

23 congressional defense committees promptly of all uses of 

24 this authority. 

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1 SEC. 8078. None of the funds appropriated or made 

2 available in this Act shall be used to reduce or disestablish 

3 the operation of the 53rd Weather Reconnaissance Squad4 ron of the Air Force Reserve, if such action would reduce 

5 the WC–130 Weather Reconnaissance mission below the 

6 levels funded in this Act: Provided, That the Air Force 

7 shall allow the 53rd Weather Reconnaissance Squadron to 

8 perform other missions in support of national defense re9 quirements during the non-hurricane season. 

10 SEC. 8079. None of the funds provided in this Act 

11 shall be available for integration of foreign intelligence in12 formation unless the information has been lawfully col13 lected and processed during the conduct of authorized for14 eign intelligence activities: Provided, That information 

15 pertaining to United States persons shall only be handled 

16 in accordance with protections provided in the Fourth 

17 Amendment of the United States Constitution as imple18 mented through Executive Order No. 12333. 

19 SEC. 8080. (a) None of the funds appropriated by 

20 this Act may be used to transfer research and develop21 ment, acquisition, or other program authority relating to 

22 current tactical unmanned aerial vehicles (TUAVs) from 

23 the Army. 

24 (b) The Army shall retain responsibility for and oper25 ational control of the MQ–1C Gray Eagle Unmanned AerSeptember 11, 2018 (8:05 p.m.)
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1 ial Vehicle (UAV) in order to support the Secretary of De2 fense in matters relating to the employment of unmanned 

3 aerial vehicles. 

4 SEC. 8081. None of the funds appropriated by this 

5 Act for programs of the Office of the Director of National 

6 Intelligence shall remain available for obligation beyond 

7 the current fiscal year, except for funds appropriated for 

8 research and technology, which shall remain available until 

9 September 30, 2020. 

10 SEC. 8082. For purposes of section 1553(b) of title 

11 31, United States Code, any subdivision of appropriations 

12 made in this Act under the heading ‘‘Shipbuilding and 

13 Conversion, Navy’’ shall be considered to be for the same 

14 purpose as any subdivision under the heading ‘‘Ship15 building and Conversion, Navy’’ appropriations in any 

16 prior fiscal year, and the 1 percent limitation shall apply 

17 to the total amount of the appropriation. 

18 SEC. 8083. (a) Not later than 60 days after the date 

19 of enactment of this Act, the Director of National Intel20 ligence shall submit a report to the congressional intel21 ligence committees to establish the baseline for application 

22 of reprogramming and transfer authorities for fiscal year 

23 2019: Provided, That the report shall include— 

24 (1) a table for each appropriation with a sepa25 rate column to display the President’s budget reSeptember 11, 2018 (8:05 p.m.)
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1 quest, adjustments made by Congress, adjustments 

2 due to enacted rescissions, if appropriate, and the 

3 fiscal year enacted level; 

4 (2) a delineation in the table for each appro5 priation by Expenditure Center and project; and 

6 (3) an identification of items of special congres7 sional interest. 

8 (b) None of the funds provided for the National Intel9 ligence Program in this Act shall be available for re10 programming or transfer until the report identified in sub11 section (a) is submitted to the congressional intelligence 

12 committees, unless the Director of National Intelligence 

13 certifies in writing to the congressional intelligence com14 mittees that such reprogramming or transfer is necessary 

15 as an emergency requirement. 

16 SEC. 8084 None of the funds made available by this 

17 Act may be used to eliminate, restructure, or realign Army 

18 Contracting Command—New Jersey or make dispropor19 tionate personnel reductions at any Army Contracting 

20 Command—New Jersey sites without 30-day prior notifi21 cation to the congressional defense committees. 

22 SEC. 8085. Notwithstanding any other provision of 

23 law, any transfer of funds, appropriated or otherwise made 

24 available by this Act, for support to friendly foreign coun25 tries in connection with the conduct of operations in which 

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1 the United States is not participating, pursuant to section 

2 331(d) of title 10, United States Code, shall be made in 

3 accordance with sections 8005 or 9002 of this Act, as ap4 plicable. 

5 SEC. 8086. Any transfer of amounts appropriated to, 

6 credited to, or deposited in the Department of Defense Ac7 quisition Workforce Development Fund in or for fiscal 

8 year 2019 to a military department or Defense Agency 

9 pursuant to section 1705(e)(1) of title 10, United States 

10 Code, shall be covered by and subject to sections 8005 or 

11 9002 of this Act, as applicable. 

12 SEC. 8087. None of the funds made available by this 

13 Act for excess defense articles, assistance under section 

14 333 of title 10, United States Code, or peacekeeping oper15 ations for the countries designated annually to be in viola16 tion of the standards of the Child Soldiers Prevention Act 

17 of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) may 

18 be used to support any military training or operation that 

19 includes child soldiers, as defined by the Child Soldiers 

20 Prevention Act of 2008, unless such assistance is other21 wise permitted under section 404 of the Child Soldiers 

22 Prevention Act of 2008. 

23 SEC. 8088. (a) None of the funds provided for the 

24 National Intelligence Program in this or any prior appro25 priations Act shall be available for obligation or expendiSeptember 11, 2018 (8:05 p.m.)
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1 ture through a reprogramming or transfer of funds in ac2 cordance with section 102A(d) of the National Security 

3 Act of 1947 (50 U.S.C. 3024(d)) that— 

4 (1) creates a new start effort; 

5 (2) terminates a program with appropriated 

6 funding of $10,000,000 or more; 

7 (3) transfers funding into or out of the Na8 tional Intelligence Program; or 

9 (4) transfers funding between appropriations, 

10 unless the congressional intelligence committees are noti11 fied 30 days in advance of such reprogramming of funds; 

12 this notification period may be reduced for urgent national 

13 security requirements. 

14 (b) None of the funds provided for the National Intel15 ligence Program in this or any prior appropriations Act 

16 shall be available for obligation or expenditure through a 

17 reprogramming or transfer of funds in accordance with 

18 section 102A(d) of the National Security Act of 1947 (50 

19 U.S.C. 3024(d)) that results in a cumulative increase or 

20 decrease of the levels specified in the classified annex ac21 companying the Act unless the congressional intelligence 

22 committees are notified 30 days in advance of such re23 programming of funds; this notification period may be re24 duced for urgent national security requirements. 

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1 SEC. 8089. The Director of National Intelligence 

2 shall submit to Congress each year, at or about the time 

3 that the President’s budget is submitted to Congress that 

4 year under section 1105(a) of title 31, United States 

5 Code, a future-years intelligence program (including asso6 ciated annexes) reflecting the estimated expenditures and 

7 proposed appropriations included in that budget. Any such 

8 future-years intelligence program shall cover the fiscal 

9 year with respect to which the budget is submitted and 

10 at least the four succeeding fiscal years. 

11 SEC. 8090. For the purposes of this Act, the term 

12 ‘‘congressional intelligence committees’’ means the Perma13 nent Select Committee on Intelligence of the House of 

14 Representatives, the Select Committee on Intelligence of 

15 the Senate, the Subcommittee on Defense of the Com16 mittee on Appropriations of the House of Representatives, 

17 and the Subcommittee on Defense of the Committee on 

18 Appropriations of the Senate. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 8091. During the current fiscal year, not to ex21 ceed $11,000,000 from each of the appropriations made 

22 in title II of this Act for ‘‘Operation and Maintenance, 

23 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper24 ation and Maintenance, Air Force’’ may be transferred by 

25 the military department concerned to its central fund esSeptember 11, 2018 (8:05 p.m.)
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1 tablished for Fisher Houses and Suites pursuant to sec2 tion 2493(d) of title 10, United States Code. 

3 SEC. 8092. None of the funds appropriated by this 

4 Act may be available for the purpose of making remit5 tances to the Department of Defense Acquisition Work6 force Development Fund in accordance with section 1705 

7 of title 10, United States Code. 

8 SEC. 8093. (a) Any agency receiving funds made 

9 available in this Act, shall, subject to subsections (b) and 

10 (c), post on the public Web site of that agency any report 

11 required to be submitted by the Congress in this or any 

12 other Act, upon the determination by the head of the agen13 cy that it shall serve the national interest. 

14 (b) Subsection (a) shall not apply to a report if— 

15 (1) the public posting of the report com16 promises national security; or 

17 (2) the report contains proprietary information. 

18 (c) The head of the agency posting such report shall 

19 do so only after such report has been made available to 

20 the requesting Committee or Committees of Congress for 

21 no less than 45 days. 

22 SEC. 8094. (a) None of the funds appropriated or 

23 otherwise made available by this Act may be expended for 

24 any Federal contract for an amount in excess of 

25 $1,000,000, unless the contractor agrees not to— 

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1 (1) enter into any agreement with any of its 

2 employees or independent contractors that requires, 

3 as a condition of employment, that the employee or 

4 independent contractor agree to resolve through ar5 bitration any claim under title VII of the Civil 

6 Rights Act of 1964 or any tort related to or arising 

7 out of sexual assault or harassment, including as8 sault and battery, intentional infliction of emotional 

9 distress, false imprisonment, or negligent hiring, su10 pervision, or retention; or 

11 (2) take any action to enforce any provision of 

12 an existing agreement with an employee or inde13 pendent contractor that mandates that the employee 

14 or independent contractor resolve through arbitra15 tion any claim under title VII of the Civil Rights Act 

16 of 1964 or any tort related to or arising out of sex17 ual assault or harassment, including assault and 

18 battery, intentional infliction of emotional distress, 

19 false imprisonment, or negligent hiring, supervision, 

20 or retention. 

21 (b) None of the funds appropriated or otherwise 

22 made available by this Act may be expended for any Fed23 eral contract unless the contractor certifies that it requires 

24 each covered subcontractor to agree not to enter into, and 

25 not to take any action to enforce any provision of, any 

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1 agreement as described in paragraphs (1) and (2) of sub2 section (a), with respect to any employee or independent 

3 contractor performing work related to such subcontract. 

4 For purposes of this subsection, a ‘‘covered subcon5 tractor’’ is an entity that has a subcontract in excess of 

6 $1,000,000 on a contract subject to subsection (a). 

7 (c) The prohibitions in this section do not apply with 

8 respect to a contractor’s or subcontractor’s agreements 

9 with employees or independent contractors that may not 

10 be enforced in a court of the United States. 

11 (d) The Secretary of Defense may waive the applica12 tion of subsection (a) or (b) to a particular contractor or 

13 subcontractor for the purposes of a particular contract or 

14 subcontract if the Secretary or the Deputy Secretary per15 sonally determines that the waiver is necessary to avoid 

16 harm to national security interests of the United States, 

17 and that the term of the contract or subcontract is not 

18 longer than necessary to avoid such harm. The determina19 tion shall set forth with specificity the grounds for the 

20 waiver and for the contract or subcontract term selected, 

21 and shall state any alternatives considered in lieu of a 

22 waiver and the reasons each such alternative would not 

23 avoid harm to national security interests of the United 

24 States. The Secretary of Defense shall transmit to Con25 gress, and simultaneously make public, any determination 

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1 under this subsection not less than 15 business days be2 fore the contract or subcontract addressed in the deter3 mination may be awarded. 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 8095. From within the funds appropriated for 

6 operation and maintenance for the Defense Health Pro7 gram in this Act, up to $113,000,000, shall be available 

8 for transfer to the Joint Department of Defense-Depart9 ment of Veterans Affairs Medical Facility Demonstration 

10 Fund in accordance with the provisions of section 1704 

11 of the National Defense Authorization Act for Fiscal Year 

12 2010, Public Law 111–84: Provided, That for purposes 

13 of section 1704(b), the facility operations funded are oper14 ations of the integrated Captain James A. Lovell Federal 

15 Health Care Center, consisting of the North Chicago Vet16 erans Affairs Medical Center, the Navy Ambulatory Care 

17 Center, and supporting facilities designated as a combined 

18 Federal medical facility as described by section 706 of 

19 Public Law 110–417: Provided further, That additional 

20 funds may be transferred from funds appropriated for op21 eration and maintenance for the Defense Health Program 

22 to the Joint Department of Defense-Department of Vet23 erans Affairs Medical Facility Demonstration Fund upon 

24 written notification by the Secretary of Defense to the 

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1 Committees on Appropriations of the House of Represent2 atives and the Senate. 

3 SEC. 8096. None of the funds appropriated or other4 wise made available by this Act may be used by the De5 partment of Defense or a component thereof in contraven6 tion of the provisions of section 130h of title 10, United 

7 States Code. 

8 SEC. 8097. Appropriations available to the Depart9 ment of Defense may be used for the purchase of heavy 

10 and light armored vehicles for the physical security of per11 sonnel or for force protection purposes up to a limit of 

12 $450,000 per vehicle, notwithstanding price or other limi13 tations applicable to the purchase of passenger carrying 

14 vehicles. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 8098. Upon a determination by the Director of 

17 National Intelligence that such action is necessary and in 

18 the national interest, the Director may, with the approval 

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

20 exceed $1,500,000,000 of the funds made available in this 

21 Act for the National Intelligence Program: Provided, That 

22 such authority to transfer may not be used unless for 

23 higher priority items, based on unforeseen intelligence re24 quirements, than those for which originally appropriated 

25 and in no case where the item for which funds are reSeptember 11, 2018 (8:05 p.m.)
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1 quested has been denied by the Congress: Provided further, 

2 That a request for multiple reprogrammings of funds 

3 using authority provided in this section shall be made 

4 prior to June 30, 2019. 

5 SEC. 8099. None of the funds appropriated or other6 wise made available in this or any other Act may be used 

7 to transfer, release, or assist in the transfer or release to 

8 or within the United States, its territories, or possessions 

9 Khalid Sheikh Mohammed or any other detainee who— 

10 (1) is not a United States citizen or a member 

11 of the Armed Forces of the United States; and 

12 (2) is or was held on or after June 24, 2009, 

13 at United States Naval Station, Guanta ́namo Bay, 

14 Cuba, by the Department of Defense. 

15 SEC. 8100. (a) None of the funds appropriated or 

16 otherwise made available in this or any other Act may be 

17 used to construct, acquire, or modify any facility in the 

18 United States, its territories, or possessions to house any 

19 individual described in subsection (c) for the purposes of 

20 detention or imprisonment in the custody or under the ef21 fective control of the Department of Defense. 

22 (b) The prohibition in subsection (a) shall not apply 

23 to any modification of facilities at United States Naval 

24 Station, Guanta ́namo Bay, Cuba. 

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1 (c) An individual described in this subsection is any 

2 individual who, as of June 24, 2009, is located at United 

3 States Naval Station, Guanta ́namo Bay, Cuba, and who— 

4 (1) is not a citizen of the United States or a 

5 member of the Armed Forces of the United States; 

6 and 

7 (2) is— 

8 (A) in the custody or under the effective 

9 control of the Department of Defense; or 

10 (B) otherwise under detention at United 

11 States Naval Station, Guanta ́namo Bay, Cuba. 

12 SEC. 8101. None of the funds appropriated or other13 wise made available in this Act may be used to transfer 

14 any individual detained at United States Naval Station 

15 Guanta ́namo Bay, Cuba, to the custody or control of the 

16 individual’s country of origin, any other foreign country, 

17 or any other foreign entity except in accordance with sec18 tion 1034 of the National Defense Authorization Act for 

19 Fiscal Year 2016 (Public Law 114–92) and section 1035 

20 of the National Defense Authorization Act for Fiscal Year 

21 2019 (Public Law 115–232). 

22 SEC. 8102. None of the funds made available by this 

23 Act may be used in contravention of the War Powers Res24 olution (50 U.S.C. 1541 et seq.). 

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1 SEC. 8103. (a) None of the funds appropriated or 

2 otherwise made available by this or any other Act may 

3 be used by the Secretary of Defense, or any other official 

4 or officer of the Department of Defense, to enter into a 

5 contract, memorandum of understanding, or cooperative 

6 agreement with, or make a grant to, or provide a loan 

7 or loan guarantee to Rosoboronexport or any subsidiary 

8 of Rosoboronexport. 

9 (b) The Secretary of Defense may waive the limita10 tion in subsection (a) if the Secretary, in consultation with 

11 the Secretary of State and the Director of National Intel12 ligence, determines that it is in the vital national security 

13 interest of the United States to do so, and certifies in writ14 ing to the congressional defense committees that, to the 

15 best of the Secretary’s knowledge: 

16 (1) Rosoboronexport has ceased the transfer of 

17 lethal military equipment to, and the maintenance of 

18 existing lethal military equipment for, the Govern19 ment of the Syrian Arab Republic; 

20 (2) The armed forces of the Russian Federation 

21 have withdrawn from Crimea, other than armed 

22 forces present on military bases subject to agree23 ments in force between the Government of the Rus24 sian Federation and the Government of Ukraine; 

25 and 

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1 (3) Agents of the Russian Federation have 

2 ceased taking active measures to destabilize the con3 trol of the Government of Ukraine over eastern 

4 Ukraine. 

5 (c) The Inspector General of the Department of De6 fense shall conduct a review of any action involving 

7 Rosoboronexport with respect to a waiver issued by the 

8 Secretary of Defense pursuant to subsection (b), and not 

9 later than 90 days after the date on which such a waiver 

10 is issued by the Secretary of Defense, the Inspector Gen11 eral shall submit to the congressional defense committees 

12 a report containing the results of the review conducted 

13 with respect to such waiver. 

14 SEC. 8104. None of the funds made available in this 

15 Act may be used for the purchase or manufacture of a 

16 flag of the United States unless such flags are treated as 

17 covered items under section 2533a(b) of title 10, United 

18 States Code. 

19 SEC. 8105. The Secretary of Defense, in consultation 

20 with the Service Secretaries, shall submit two reports to 

21 the congressional defense committees, not later than 

22 March 1, 2019, and not later than September 1, 2019, 

23 detailing the submission of records during the previous 6 

24 months to databases accessible to the National Instant 

25 Criminal Background Check System (NICS), including 

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1 the Interstate Identification Index (III), the National 

2 Crime Information Center (NCIC), and the NICS Index, 

3 as required by Public Law 110–180: Provided, That such 

4 reports shall provide the number and category of records 

5 submitted by month to each such database, by Service or 

6 Component: Provided further, That such reports shall 

7 identify the number and category of records submitted by 

8 month to those databases for which the Identification for 

9 Firearm Sales (IFFS) flag or other database flags were 

10 used to pre-validate the records and indicate that such 

11 persons are prohibited from receiving or possessing a fire12 arm: Provided further, That such reports shall describe the 

13 steps taken during the previous 6 months, by Service or 

14 Component, to ensure complete and accurate submission 

15 and appropriate flagging of records of individuals prohib16 ited from gun possession or receipt pursuant to 18 U.S.C. 

17 922(g) or (n) including applicable records involving pro18 ceedings under the Uniform Code of Military Justice. 

19 SEC. 8106. (a) Of the funds appropriated in this Act 

20 for the Department of Defense, amounts should be made 

21 available, under such regulations as the Secretary of De22 fense may prescribe, to local military commanders ap23 pointed by the Secretary, or by an officer or employee des24 ignated by the Secretary, to provide at their discretion ex 

25 gratia payments in amounts consistent with subsection (d) 

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1 of this section for damage, personal injury, or death that 

2 is incident to combat operations of the Armed Forces in 

3 a foreign country. 

4 (b) An ex gratia payment under this section may be 

5 provided only if— 

6 (1) the prospective foreign civilian recipient is 

7 determined by the local military commander to be 

8 friendly to the United States; 

9 (2) a claim for damages would not be compen10 sable under chapter 163 of title 10, United States 

11 Code (commonly known as the ‘‘Foreign Claims 

12 Act’’); and 

13 (3) the property damage, personal injury, or 

14 death was not caused by action by an enemy. 

15 (c) Any payments provided under a program under 

16 subsection (a) shall not be considered an admission or ac17 knowledgement of any legal obligation to compensate for 

18 any damage, personal injury, or death. 

19 (d) If the Secretary of Defense determines a program 

20 under subsection (a) to be appropriate in a particular set21 ting, the amounts of payments, if any, to be provided to 

22 civilians determined to have suffered harm incident to 

23 combat operations of the Armed Forces under the pro24 gram should be determined pursuant to regulations pre25 scribed by the Secretary and based on an assessment, 

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1 which should include such factors as cultural appropriate2 ness and prevailing economic conditions. 

3 (e) Local military commanders shall receive legal ad4 vice before making ex gratia payments under this sub5 section. The legal advisor, under regulations of the De6 partment of Defense, shall advise on whether an ex gratia 

7 payment is proper under this section and applicable De8 partment of Defense regulations. 

9 (f) A written record of any ex gratia payment offered 

10 or denied shall be kept by the local commander and on 

11 a timely basis submitted to the appropriate office in the 

12 Department of Defense as determined by the Secretary 

13 of Defense. 

14 (g) The Secretary of Defense shall report to the con15 gressional defense committees on an annual basis the effi16 cacy of the ex gratia payment program including the num17 ber of types of cases considered, amounts offered, the re18 sponse from ex gratia payment recipients, and any rec19 ommended modifications to the program. 

20 SEC. 8107. None of the funds available in this Act 

21 to the Department of Defense, other than appropriations 

22 made for necessary or routine refurbishments, upgrades 

23 or maintenance activities, shall be used to reduce or to 

24 prepare to reduce the number of deployed and non-de25 ployed strategic delivery vehicles and launchers below the 

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1 levels set forth in the report submitted to Congress in ac2 cordance with section 1042 of the National Defense Au3 thorization Act for Fiscal Year 2012. 

4 SEC. 8108. The Secretary of Defense shall post grant 

5 awards on a public Website in a searchable format. 

6 SEC. 8109. The Secretary of each military depart7 ment, in reducing each research, development, test and 

8 evaluation and procurement account of the military de9 partment as required under paragraph (1) of section 

10 828(d) of the National Defense Authorization Act for Fis11 cal Year 2016 (Public Law 114–92; 10 U.S.C. 2430 note), 

12 as amended by section 825(a)(3) of the National Defense 

13 Authorization Act for Fiscal Year 2018, shall allocate the 

14 percentage reduction determined under paragraph (2) of 

15 such section 828(d) proportionally from all programs, 

16 projects, or activities under such account: Provided, That 

17 the authority under section 804(d)(2) of the National De18 fense Authorization Act for Fiscal Year 2016 (Public Law 

19 114–92; 10 U.S.C. 2302 note) to transfer amounts avail20 able in the Rapid Prototyping Fund shall be subject to 

21 section 8005 or 9002 of this Act, as applicable. 

22 SEC. 8110. None of the funds made available by this 

23 Act may be used to fund the performance of a flight dem24 onstration team at a location outside of the United States: 

25 Provided, That this prohibition applies only if a performSeptember 11, 2018 (8:05 p.m.)
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1 ance of a flight demonstration team at a location within 

2 the United States was canceled during the current fiscal 

3 year due to insufficient funding. 

4 SEC. 8111. None of the funds made available by this 

5 Act may be used by the National Security Agency to— 

6 (1) conduct an acquisition pursuant to section 

7 702 of the Foreign Intelligence Surveillance Act of 

8 1978 for the purpose of targeting a United States 

9 person; or 

10 (2) acquire, monitor, or store the contents (as 

11 such term is defined in section 2510(8) of title 18, 

12 United States Code) of any electronic communica13 tion of a United States person from a provider of 

14 electronic communication services to the public pur15 suant to section 501 of the Foreign Intelligence Sur16 veillance Act of 1978. 

17 SEC. 8112. None of the funds made available by this 

18 Act may be obligated or expended to implement the Arms 

19 Trade Treaty until the Senate approves a resolution of 

20 ratification for the Treaty. 

21 SEC. 8113. None of the funds made available in this 

22 or any other Act may be used to pay the salary of any 

23 officer or employee of any agency funded by this Act who 

24 approves or implements the transfer of administrative re25 sponsibilities or budgetary resources of any program, 

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1 project, or activity financed by this Act to the jurisdiction 

2 of another Federal agency not financed by this Act with3 out the express authorization of Congress: Provided, That 

4 this limitation shall not apply to transfers of funds ex5 pressly provided for in Defense Appropriations Acts, or 

6 provisions of Acts providing supplemental appropriations 

7 for the Department of Defense. 

8 SEC. 8114. Of the amounts appropriated in this Act 

9 for ‘‘Operation and Maintenance, Navy’’, $310,805,000, 

10 to remain available until expended, may be used for any 

11 purposes related to the National Defense Reserve Fleet 

12 established under section 11 of the Merchant Ship Sales 

13 Act of 1946 (50 U.S.C. 4405): Provided, That such 

14 amounts are available for reimbursements to the Ready 

15 Reserve Force, Maritime Administration account of the 

16 United States Department of Transportation for pro17 grams, projects, activities, and expenses related to the Na18 tional Defense Reserve Fleet. 

19 SEC. 8115. None of the funds made available in this 

20 Act may be obligated for activities authorized under sec21 tion 1208 of the Ronald W. Reagan National Defense Au22 thorization Act for Fiscal Year 2005 (Public Law 112– 

23 81; 125 Stat. 1621) to initiate support for, or expand sup24 port to, foreign forces, irregular forces, groups, or individ25 uals unless the congressional defense committees are notiSeptember 11, 2018 (8:05 p.m.)
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1 fied in accordance with the direction contained in the clas2 sified annex accompanying this Act, not less than 15 days 

3 before initiating such support: Provided, That none of the 

4 funds made available in this Act may be used under sec5 tion 1208 for any activity that is not in support of an 

6 ongoing military operation being conducted by United 

7 States Special Operations Forces to combat terrorism: 

8 Provided further, That the Secretary of Defense may waive 

9 the prohibitions in this section if the Secretary determines 

10 that such waiver is required by extraordinary cir11 cumstances and, by not later than 72 hours after making 

12 such waiver, notifies the congressional defense committees 

13 of such waiver. 

14 SEC. 8116. None of the funds made available by this 

15 Act may be used with respect to Iraq in contravention of 

16 the War Powers Resolution (50 U.S.C. 1541 et seq.), in17 cluding for the introduction of United States armed forces 

18 into hostilities in Iraq, into situations in Iraq where immi19 nent involvement in hostilities is clearly indicated by the 

20 circumstances, or into Iraqi territory, airspace, or waters 

21 while equipped for combat, in contravention of the con22 gressional consultation and reporting requirements of sec23 tions 3 and 4 of such Resolution (50 U.S.C. 1542 and 

24 1543). 

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1 SEC. 8117. None of the funds provided in this Act 

2 for the TAO Fleet Oiler program shall be used to award 

3 a new contract that provides for the acquisition of the fol4 lowing components unless those components are manufac5 tured in the United States: Auxiliary equipment (including 

6 pumps) for shipboard services; propulsion equipment (in7 cluding engines, reduction gears, and propellers); ship8 board cranes; and spreaders for shipboard cranes. 

9 SEC. 8118. Notwithstanding any other provision of 

10 this Act, to mitigate higher than anticipated fuel costs, 

11 the total amount appropriated in title II of this Act is 

12 hereby increased by $750,000,000. 

13 SEC. 8119. No amounts credited or otherwise made 

14 available in this or any other Act to the Department of 

15 Defense Acquisition Workforce Development Fund may be 

16 transferred to: 

17 (1) the Rapid Prototyping Fund established 

18 under section 804(d) of the National Defense Au19 thorization Act for Fiscal Year 2016 (10 U.S.C. 

20 2302 note); or 

21 (2) credited to a military-department specific 

22 fund established under section 804(d)(2) of the Na23 tional Defense Authorization Act for Fiscal Year 

24 2016 (as amended by section 897 of the National 

25 Defense Authorization Act for Fiscal Year 2017). 

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1 SEC. 8120. None of the funds made available by this 

2 Act may be used for Government Travel Charge Card ex3 penses by military or civilian personnel of the Department 

4 of Defense for gaming, or for entertainment that includes 

5 topless or nude entertainers or participants, as prohibited 

6 by Department of Defense FMR, Volume 9, Chapter 3 

7 and Department of Defense Instruction 1015.10 (enclo8 sure 3, 14a and 14b). 

9 SEC. 8121. Notwithstanding any other provision of 

10 law, from funds made available to the Department of De11 fense in title II of this Act under the heading ‘‘Operation 

12 and Maintenance, Defense-Wide’’, $15,000,000 shall be 

13 available for a project in a country designated by the Sec14 retary of Defense: Provided, That in furtherance of the 

15 project, the Department of Defense is authorized to ac16 quire services, including services performed pursuant to 

17 a grant agreement, from another Federal agency, on an 

18 advance of funds or reimbursable basis: Provided further, 

19 That an order for services placed under this section is 

20 deemed to be an obligation in the same manner that a 

21 similar order placed under a contract with a private con22 tractor is an obligation. 

23 SEC. 8122. None of the funds made available by this 

24 Act may be used to propose, plan for, or execute a new 

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1 or additional Base Realignment and Closure (BRAC) 

2 round. 

3 SEC. 8123. None of the funds appropriated by this 

4 Act may be made available to deliver F–35 aircraft to the 

5 Republic of Turkey, except in accordance with section 

6 1282 of the John S. McCain National Defense Authoriza7 tion Act for Fiscal Year 2019 (Public Law 115–232). 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8124. Of the amounts appropriated in this Act, 

10 the Secretary of Defense may use up to $65,442,000 

11 under the heading ‘‘Operation and Maintenance, Defense12 Wide’’, and up to $55,400,000 under the heading ‘‘Re13 search, Development, Test and Evaluation, Defense14 Wide’’ to develop, replace, and sustain Federal Govern15 ment security and suitability background investigation in16 formation technology systems of the Office of Personnel 

17 Management or other Federal agency responsible for con18 ducting such investigations: Provided, That the Secretary 

19 may transfer additional amounts into these headings or 

20 into ‘‘Procurement, Defense-Wide’’ using established re21 programming procedures prescribed in the Department of 

22 Defense Financial Management Regulation 7000.14, Vol23 ume 3, Chapter 6, dated September 2015: Provided fur24 ther, That such funds shall supplement, not supplant any 

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1 other amounts made available to other Federal agencies 

2 for such purposes. 

3 SEC. 8125. None of the funds made available by this 

4 Act may be used to carry out the closure or realignment 

5 of the United States Naval Station, Guanta ́namo Bay, 

6 Cuba. 

7 SEC. 8126. (a) None of the funds made available in 

8 this Act may be used to maintain or establish a computer 

9 network unless such network is designed to block access 

10 to pornography websites. 

11 (b) Nothing in subsection (a) shall limit the use of 

12 funds necessary for any Federal, State, tribal, or local law 

13 enforcement agency or any other entity carrying out crimi14 nal investigations, prosecution, or adjudication activities, 

15 or for any activity necessary for the national defense, in16 cluding intelligence activities. 

17 SEC. 8127. Notwithstanding any other provision of 

18 law, any transfer of funds appropriated or otherwise made 

19 available by this Act to the Global Engagement Center es20 tablished by section 1287 of the National Defense Author21 ization Act for Fiscal Year 2017 (Public Law 114–328; 

22 130 Stat. 22 U.S.C. 2656 note) shall be made in accord23 ance with section 8005 or 9002 of this Act, as applicable. 

24 SEC. 8128. In addition to amounts provided else25 where in this Act, there is appropriated $270,000,000, for 

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1 an additional amount for ‘‘Operation and Maintenance, 

2 Defense-Wide’’, to remain available until expended: Pro3 vided, That such funds shall only be available to the Sec4 retary of Defense, acting through the Office of Economic 

5 Adjustment of the Department of Defense, or for transfer 

6 to the Secretary of Education, notwithstanding any other 

7 provision of law, to make grants, conclude cooperative 

8 agreements, or supplement other Federal funds to con9 struct, renovate, repair, or expand elementary and sec10 ondary public schools on military installations in order to 

11 address capacity or facility condition deficiencies at such 

12 schools: Provided further, That in making such funds 

13 available, the Office of Economic Adjustment or the Sec14 retary of Education shall give priority consideration to 

15 those military installations with schools having the most 

16 serious capacity or facility condition deficiencies as deter17 mined by the Secretary of Defense: Provided further, That 

18 as a condition of receiving funds under this section a local 

19 educational agency or State shall provide a matching share 

20 as described in the notice titled ‘‘Department of Defense 

21 Program for Construction, Renovation, Repair or Expan22 sion of Public Schools Located on Military Installations’’ 

23 published by the Department of Defense in the Federal 

24 Register on September 9, 2011 (76 Fed. Reg. 55883 et 

25 seq.): Provided further, That these provisions apply to 

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1 funds provided under this section, and to funds previously 

2 provided by Congress to construct, renovate, repair, or ex3 pand elementary and secondary public schools on military 

4 installations in order to address capacity or facility condi5 tion deficiencies at such schools to the extent such funds 

6 remain unobligated on the date of enactment of this sec7 tion. 

8 SEC. 8129. In carrying out the program described in 

9 the memorandum on the subject of ‘‘Policy for Assisted 

10 Reproductive Services for the Benefit of Seriously or Se11 verely Ill/Injured (Category II or III) Active Duty Service 

12 Members’’ issued by the Assistant Secretary of Defense 

13 for Health Affairs on April 3, 2012, and the guidance 

14 issued to implement such memorandum, the Secretary of 

15 Defense shall apply such policy and guidance, except 

16 that— 

17 (1) the limitation on periods regarding embryo 

18 cryopreservation and storage set forth in part III(G) 

19 and in part IV(H) of such memorandum shall not 

20 apply; and 

21 (2) the term ‘‘assisted reproductive technology’’ 

22 shall include embryo cryopreservation and storage 

23 without limitation on the duration of such 

24 cryopreservation and storage. 

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1 SEC. 8130. None of the funds made available by this 

2 Act may be used to provide arms, training, or other assist3 ance to the Azov Battalion. 

4 SEC. 8131. None of the funds made available by this 

5 Act may be used to purchase heavy water from Iran. 

6 SEC. 8132. The amount appropriated in title II of 

7 this Act for ‘‘Operation and Maintenance, Army’’ is here8 by reduced by $50,000,000 to reflect excess cash balances 

9 in Department of Defense Working Capital Funds. 

10 SEC. 8133. The amount appropriated in title II of 

11 this Act for ‘‘Operation and Maintenance, Navy’’ is hereby 

12 reduced by $50,000,000 to reflect excess cash balances in 

13 Department of Defense Working Capital Funds. 

14 SEC. 8134. None of the funds provided for, or other15 wise made available, in this or any other Act, may be obli16 gated or expended by the Secretary of Defense to provide 

17 motorized vehicles, aviation platforms, munitions other 

18 than small arms and munitions appropriate for customary 

19 ceremonial honors, operational military units, or oper20 ational military platforms if the Secretary determines that 

21 providing such units, platforms, or equipment would un22 dermine the readiness of such units, platforms, or equip23 ment. 

24 SEC. 8135. The Secretary of Defense may obligate 

25 and expend funds made available under this Act for proSeptember 11, 2018 (8:05 p.m.)
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1 curement or for research, development, test and evaluation 

2 for the F–35 Joint Strike Fighter to modify up to six F– 

3 35 aircraft, including up to two F–35 aircraft of each vari4 ant, to a test configuration: Provided, That the Secretary 

5 of Defense shall, with the concurrence of the Secretary 

6 of the Air Force and the Secretary of the Navy, notify 

7 the congressional defense committees not fewer than 30 

8 days prior to obligating and expending funds under this 

9 section: Provided further, That any transfer of funds pur10 suant to the authority provided in this section shall be 

11 made in accordance with sections 8005 or 9002 of this 

12 Act, as appropriate, if applicable. 

13 SEC. 8136. Amounts appropriated for ‘‘Defense 

14 Health Program’’ in this Act and hereafter may be obli15 gated to make death gratuity payments, as authorized in 

16 subchapter II of chapter 75 of title 10, United States 

17 Code, if no appropriation for ‘‘Military Personnel’’ is avail18 able for obligation for such payments: Provided, That such 

19 obligations may subsequently be recorded against appro20 priations available for ‘‘Military Personnel’’. 

21 SEC. 8137. None of the funds appropriated or other22 wise made available by this or any other Act may be obli23 gated or expended by the Department of Defense to mi24 grate data and applications to the proposed Joint Enter25 prise Defense Infrastructure or the Defense Enterprise 

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1 Office Solutions cloud computing services until a period 

2 of 90 days has elapsed following the date on which the 

3 Secretary of Defense submits to the congressional defense 

4 committees— 

5 (1) a proposed plan to establish a budget ac6 counting system that provides transparency across 

7 the Department, including all military Services and 

8 Defense Agencies, for funds requested and expended 

9 for all cloud computing services procured by the De10 partment and funds requested and expended to mi11 grate to a cloud computing environment; and 

12 (2) a detailed description of the Department’s 

13 strategy to implement enterprise-wide cloud com14 puting, including the goals and acquisition strategies 

15 for all proposed enterprise-wide cloud computing 

16 service procurements; the strategy to sustain com17 petition and innovation throughout the period of 

18 performance of each contract, including defining op19 portunities for multiple cloud service providers and 

20 insertion of new technologies; and an assessment of 

21 potential threats and security vulnerabilities of the 

22 proposed cloud computing strategy, and plans to 

23 mitigate such risks. 

24 SEC. 8138. (a) None of the funds made available by 

25 this or any other Act may be used to enter into a contract, 

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1 memorandum of understanding, or cooperative agreement 

2 with, make a grant to, or provide a loan or loan guarantee 

3 to any corporation that has any unpaid Federal tax liabil4 ity that has been assessed, for which all judicial and ad5 ministrative remedies have been exhausted or have lapsed, 

6 and that is not being paid in a timely manner pursuant 

7 to an agreement with the authority responsible for col8 lecting such tax liability, provided that the applicable Fed9 eral agency is aware of the unpaid Federal tax liability. 

10 (b) Subsection (a) shall not apply if the applicable 

11 Federal agency has considered suspension or debarment 

12 of the corporation described in such subsection and has 

13 made a determination that such suspension or debarment 

14 is not necessary to protect the interests of the Federal 

15 Government. 

16 SEC. 8139. None of the funds appropriated or other17 wise made available by this Act may be obligated or ex18 pended for assistance to the Islamic Republic of Iran un19 less specifically appropriated for that purpose. 

20 SEC. 8140. From amounts appropriated or otherwise 

21 made available by title II of this division under the head22 ing ‘‘OPERATION AND MAINTENANCE, AIR FORCE’’, the 

23 Secretary of Defense may reimburse the Government of 

24 the Republic of Palau in an amount not to exceed 

25 $9,700,000 for land acquisition costs for defense sites. 

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1 SEC. 8141. None of the funds made available by this 

2 Act may be used in contravention of— 

3 (1) Executive Order No. 13175 (65 Fed. Reg. 

4 67249; relating to consultation and coordination 

5 with Indian Tribal governments); or 

6 (2) section 1501.2(d)(2) of title 40, Code of 

7 Federal Regulations. 

8 SEC. 8142. Of the funds appropriated to the Depart9 ment of Defense under the heading ‘‘Operation and Main10 tenance, Air National Guard’’, not more than $20,000,000 

11 shall be available to the Secretary of the Air Force for 

12 payments to a local water authority located in the vicinity 

13 of an Air National Guard base, or to a state in which the 

14 local water authority is located, for the treatment of 

15 perfluorooctane sulfonic acid and perfluorooctanoic acid in 

16 drinking water from the wells owned and operated by the 

17 local water authority undertaken to attain the United 

18 States Environmental Protection Agency Lifetime Health 

19 Advisory level for such acids: Provided, That the applica20 ble Lifetime Health Advisory shall be the one in effect on 

21 October 1, 2017: Provided further, That the local water 

22 authority must have requested such a payment from the 

23 National Guard Bureau in fiscal year 2018: Provided fur24 ther, That the elevated levels of such acids in the water 

25 was the result of activities conducted by or paid for by 

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1 the Department of the Air Force: Provided further, That 

2 such funds may be expended without regard to existing 

3 contractual provisions in agreements between the Depart4 ment of the Air Force or the National Guard Bureau, as 

5 the case may be, and the state in which the base is located 

6 relating to environmental response actions or indemnifica7 tion: Provided further, That, in order to be eligible for pay8 ment under this section, such treatment must have taken 

9 place after January 1, 2017, but prior to the date of en10 actment of this act, and the local water authority or state, 

11 as the case may be, must waive all claims for treatment 

12 expenses incurred before such date of enactment: Provided 

13 further, That any payment under this section may not ex14 ceed the actual cost of such treatment resulting from the 

15 activities conducted by or paid for by the Department of 

16 the Air Force: Provided further, That the Secretary may 

17 enter into such agreements with the local water authority 

18 or state as may be necessary to implement this section: 

19 Provided further, That the Secretary may pay, utilizing the 

20 Defense State Memorandum of Agreement, costs that 

21 would otherwise be eligible for payment under that agree22 ment were those costs paid using funds appropriated to 

23 the Environmental Restoration Account, Air Force, estab24 lished under section 2703(a)(4) of title 10, United States 

25 Code. 

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1 TITLE IX 

2 OVERSEAS CONTINGENCY OPERATIONS 

3 MILITARY PERSONNEL 

4 MILITARY PERSONNEL, ARMY

5 For an additional amount for ‘‘Military Personnel, 

6 Army’’, $2,929,154,000: Provided, That such amount is 

7 designated by the Congress for Overseas Contingency Op8 erations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 MILITARY PERSONNEL, NAVY

12 For an additional amount for ‘‘Military Personnel, 

13 Navy’’, $385,461,000: Provided, That such amount is des14 ignated by the Congress for Overseas Contingency Oper15 ations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 MILITARY PERSONNEL, MARINE CORPS

19 For an additional amount for ‘‘Military Personnel, 

20 Marine Corps’’, $109,232,000: Provided, That such 

21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to 

23 section 251(b)(2)(A)(ii) of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985. 

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1 MILITARY PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘Military Personnel, 

3 Air Force’’, $964,508,000: Provided, That such amount 

4 is designated by the Congress for Overseas Contingency 

5 Operations/Global War on Terrorism pursuant to section 

6 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 RESERVE PERSONNEL, ARMY

9 For an additional amount for ‘‘Reserve Personnel, 

10 Army’’, $37,007,000: Provided, That such amount is des11 ignated by the Congress for Overseas Contingency Oper12 ations/Global War on Terrorism pursuant to section 

13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 RESERVE PERSONNEL, NAVY

16 For an additional amount for ‘‘Reserve Personnel, 

17 Navy’’, $11,100,000: Provided, That such amount is des18 ignated by the Congress for Overseas Contingency Oper19 ations/Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 RESERVE PERSONNEL, MARINE CORPS

23 For an additional amount for ‘‘Reserve Personnel, 

24 Marine Corps’’, $2,380,000: Provided, That such amount 

25 is designated by the Congress for Overseas Contingency 

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1 Operations/Global War on Terrorism pursuant to section 

2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985. 

4 RESERVE PERSONNEL, AIR FORCE

5 For an additional amount for ‘‘Reserve Personnel, 

6 Air Force’’, $21,076,000: Provided, That such amount is 

7 designated by the Congress for Overseas Contingency Op8 erations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 NATIONAL GUARD PERSONNEL, ARMY

12 For an additional amount for ‘‘National Guard Per13 sonnel, Army’’, $195,283,000: Provided, That such 

14 amount is designated by the Congress for Overseas Con15 tingency Operations/Global War on Terrorism pursuant to 

16 section 251(b)(2)(A)(ii) of the Balanced Budget and 

17 Emergency Deficit Control Act of 1985. 

18 NATIONAL GUARD PERSONNEL, AIR FORCE

19 For an additional amount for ‘‘National Guard Per20 sonnel, Air Force’’, $5,460,000: Provided, That such 

21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to 

23 section 251(b)(2)(A)(ii) of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985. 

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1 OPERATION AND MAINTENANCE 

2 OPERATION AND MAINTENANCE, ARMY

3 For an additional amount for ‘‘Operation and Main4 tenance, Army’’, $18,548,500,000: Provided, That such 

5 amount is designated by the Congress for Overseas Con6 tingency Operations/Global War on Terrorism pursuant to 

7 section 251(b)(2)(A)(ii) of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985. 

9 OPERATION AND MAINTENANCE, NAVY

10 For an additional amount for ‘‘Operation and Main11 tenance, Navy’’, $5,172,155,000: Provided, That such 

12 amount is designated by the Congress for Overseas Con13 tingency Operations/Global War on Terrorism pursuant to 

14 section 251(b)(2)(A)(ii) of the Balanced Budget and 

15 Emergency Deficit Control Act of 1985. 

16 OPERATION AND MAINTENANCE, MARINE CORPS

17 For an additional amount for ‘‘Operation and Main18 tenance, Marine Corps’’, $1,292,995,000: Provided, That 

19 such amount is designated by the Congress for Overseas 

20 Contingency Operations/Global War on Terrorism pursu21 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

22 and Emergency Deficit Control Act of 1985. 

23 OPERATION AND MAINTENANCE, AIR FORCE

24 For an additional amount for ‘‘Operation and Main25 tenance, Air Force’’, $9,828,674,000: Provided, That such 

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1 amount is designated by the Congress for Overseas Con2 tingency Operations/Global War on Terrorism pursuant to 

3 section 251(b)(2)(A)(ii) of the Balanced Budget and 

4 Emergency Deficit Control Act of 1985. 

5 OPERATION AND MAINTENANCE, DEFENSE-WIDE

6 For an additional amount for ‘‘Operation and Main7 tenance, Defense-Wide’’, $8,105,991,000: Provided, That 

8 of the funds provided under this heading, not to exceed 

9 $900,000,000, to remain available until September 30, 

10 2020, shall be for payments to reimburse key cooperating 

11 nations for logistical, military, and other support, includ12 ing access, provided to United States military and stability 

13 operations in Afghanistan and to counter the Islamic 

14 State of Iraq and Syria: Provided further, That such reim15 bursement payments may be made in such amounts as the 

16 Secretary of Defense, with the concurrence of the Sec17 retary of State, and in consultation with the Director of 

18 the Office of Management and Budget, may determine, 

19 based on documentation determined by the Secretary of 

20 Defense to adequately account for the support provided, 

21 and such determination is final and conclusive upon the 

22 accounting officers of the United States, and 15 days fol23 lowing notification to the appropriate congressional com24 mittees: Provided further, That these funds may be used 

25 for the purpose of providing specialized training and proSeptember 11, 2018 (8:05 p.m.)
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1 curing supplies and specialized equipment and providing 

2 such supplies and loaning such equipment on a non-reim3 bursable basis to coalition forces supporting United States 

4 military and stability operations in Afghanistan and to 

5 counter the Islamic State of Iraq and Syria, and 15 days 

6 following notification to the appropriate congressional 

7 committees: Provided further, That these funds may be 

8 used to support the Government of Jordan in such 

9 amounts as the Secretary of Defense may determine, to 

10 enhance the ability of the armed forces of Jordan to in11 crease or sustain security along its borders, upon 15 days 

12 prior written notification to the congressional defense 

13 committees outlining the amounts intended to be provided 

14 and the nature of the expenses incurred: Provided further, 

15 That of the funds provided under this heading, not to ex16 ceed $793,442,000, to remain available until September 

17 30, 2020, shall be available to provide support and assist18 ance to foreign security forces or other groups or individ19 uals to conduct, support or facilitate counterterrorism, cri20 sis response, or other Department of Defense security co21 operation programs: Provided further, That the Secretary 

22 of Defense shall provide quarterly reports to the congres23 sional defense committees on the use of funds provided 

24 in this paragraph: Provided further, That such amount is 

25 designated by the Congress for Overseas Contingency OpSeptember 11, 2018 (8:05 p.m.)
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1 erations/Global War on Terrorism pursuant to section 

2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985. 

4 OPERATION AND MAINTENANCE, ARMY RESERVE

5 For an additional amount for ‘‘Operation and Main6 tenance, Army Reserve’’, $41,887,000: Provided, That 

7 such amount is designated by the Congress for Overseas 

8 Contingency Operations/Global War on Terrorism pursu9 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

10 and Emergency Deficit Control Act of 1985. 

11 OPERATION AND MAINTENANCE, NAVY RESERVE

12 For an additional amount for ‘‘Operation and Main13 tenance, Navy Reserve’’, $25,637,000: Provided, That 

14 such amount is designated by the Congress for Overseas 

15 Contingency Operations/Global War on Terrorism pursu16 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

17 and Emergency Deficit Control Act of 1985. 

18 OPERATION AND MAINTENANCE, MARINE CORPS

19 RESERVE

20 For an additional amount for ‘‘Operation and Main21 tenance, Marine Corps Reserve’’, $3,345,000: Provided, 

22 That such amount is designated by the Congress for Over23 seas Contingency Operations/Global War on Terrorism 

24 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

25 Budget and Emergency Deficit Control Act of 1985. 

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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Air Force Reserve’’, $60,500,000: Provided, That 

4 such amount is designated by the Congress for Overseas 

5 Contingency Operations/Global War on Terrorism pursu6 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

7 and Emergency Deficit Control Act of 1985. 

8 OPERATION AND MAINTENANCE, ARMY NATIONAL

9 GUARD

10 For an additional amount for ‘‘Operation and Main11 tenance, Army National Guard’’, $110,729,000: Provided, 

12 That such amount is designated by the Congress for Over13 seas Contingency Operations/Global War on Terrorism 

14 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

15 Budget and Emergency Deficit Control Act of 1985. 

16 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

17 For an additional amount for ‘‘Operation and Main18 tenance, Air National Guard’’, $15,870,000: Provided, 

19 That such amount is designated by the Congress for Over20 seas Contingency Operations/Global War on Terrorism 

21 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

22 Budget and Emergency Deficit Control Act of 1985. 

23 AFGHANISTAN SECURITY FORCES FUND

24 For the ‘‘Afghanistan Security Forces Fund’’, 

25 $4,920,000,000, to remain available until September 30, 

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1 2020: Provided, That such funds shall be available to the 

2 Secretary of Defense for the purpose of allowing the Com3 mander, Combined Security Transition Command—Af4 ghanistan, or the Secretary’s designee, to provide assist5 ance, with the concurrence of the Secretary of State, to 

6 the security forces of Afghanistan, including the provision 

7 of equipment, supplies, services, training, facility and in8 frastructure repair, renovation, construction, and funding: 

9 Provided further, That the Secretary of Defense may obli10 gate and expend funds made available to the Department 

11 of Defense in this title for additional costs associated with 

12 existing projects previously funded with amounts provided 

13 under the heading ‘‘Afghanistan Infrastructure Fund’’ in 

14 prior Acts: Provided further, That such costs shall be lim15 ited to contract changes resulting from inflation, market 

16 fluctuation, rate adjustments, and other necessary con17 tract actions to complete existing projects, and associated 

18 supervision and administration costs and costs for design 

19 during construction: Provided further, That the Secretary 

20 may not use more than $50,000,000 under the authority 

21 provided in this section: Provided further, That the Sec22 retary shall notify in advance such contract changes and 

23 adjustments in annual reports to the congressional defense 

24 committees: Provided further, That the authority to pro25 vide assistance under this heading is in addition to any 

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1 other authority to provide assistance to foreign nations: 

2 Provided further, That contributions of funds for the pur3 poses provided herein from any person, foreign govern4 ment, or international organization may be credited to this 

5 Fund, to remain available until expended, and used for 

6 such purposes: Provided further, That the Secretary of De7 fense shall notify the congressional defense committees in 

8 writing upon the receipt and upon the obligation of any 

9 contribution, delineating the sources and amounts of the 

10 funds received and the specific use of such contributions: 

11 Provided further, That the Secretary of Defense shall, not 

12 fewer than 15 days prior to obligating from this appro13 priation account, notify the congressional defense commit14 tees in writing of the details of any such obligation: Pro15 vided further, That the Secretary of Defense shall notify 

16 the congressional defense committees of any proposed new 

17 projects or transfer of funds between budget sub-activity 

18 groups in excess of $20,000,000: Provided further, That 

19 the United States may accept equipment procured using 

20 funds provided under this heading in this or prior Acts 

21 that was transferred to the security forces of Afghanistan 

22 and returned by such forces to the United States: Provided 

23 further, That equipment procured using funds provided 

24 under this heading in this or prior Acts, and not yet trans25 ferred to the security forces of Afghanistan or transferred 

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1 to the security forces of Afghanistan and returned by such 

2 forces to the United States, may be treated as stocks of 

3 the Department of Defense upon written notification to 

4 the congressional defense committees: Provided further, 

5 That of the funds provided under this heading, not less 

6 than $10,000,000 shall be for recruitment and retention 

7 of women in the Afghanistan National Security Forces, 

8 and the recruitment and training of female security per9 sonnel: Provided further, That such amount is designated 

10 by the Congress for Overseas Contingency Operations/ 

11 Global War on Terrorism pursuant to section 

12 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 COUNTER-ISIS TRAIN AND EQUIP FUND

15 For the ‘‘Counter-Islamic State of Iraq and Syria 

16 Train and Equip Fund’’, $1,352,200,000, to remain avail17 able until September 30, 2020: Provided, That such funds 

18 shall be available to the Secretary of Defense in coordina19 tion with the Secretary of State, to provide assistance, in20 cluding training; equipment; logistics support, supplies, 

21 and services; stipends; infrastructure repair and renova22 tion; and sustainment, to foreign security forces, irregular 

23 forces, groups, or individuals participating, or preparing 

24 to participate in activities to counter the Islamic State of 

25 Iraq and Syria, and their affiliated or associated groups: 

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1 Provided further, That these funds may be used in such 

2 amounts as the Secretary of Defense may determine to 

3 enhance the border security of nations adjacent to conflict 

4 areas including Jordan, Lebanon, Egypt, and Tunisia re5 sulting from actions of the Islamic State of Iraq and 

6 Syria: Provided further, That amounts made available 

7 under this heading shall be available to provide assistance 

8 only for activities in a country designated by the Secretary 

9 of Defense, in coordination with the Secretary of State, 

10 as having a security mission to counter the Islamic State 

11 of Iraq and Syria, and following written notification to the 

12 congressional defense committees of such designation: 

13 Provided further, That the Secretary of Defense shall en14 sure that prior to providing assistance to elements of any 

15 forces or individuals, such elements or individuals are ap16 propriately vetted, including at a minimum, assessing such 

17 elements for associations with terrorist groups or groups 

18 associated with the Government of Iran; and receiving 

19 commitments from such elements to promote respect for 

20 human rights and the rule of law: Provided further, That 

21 the Secretary of Defense shall, not fewer than 15 days 

22 prior to obligating from this appropriation account, notify 

23 the congressional defense committees in writing of the de24 tails of any such obligation: Provided further, That the 

25 Secretary of Defense may accept and retain contributions, 

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1 including assistance in-kind, from foreign governments, 

2 including the Government of Iraq and other entities, to 

3 carry out assistance authorized under this heading: Pro4 vided further, That contributions of funds for the purposes 

5 provided herein from any foreign government or other en6 tity may be credited to this Fund, to remain available until 

7 expended, and used for such purposes: Provided further, 

8 That the Secretary of Defense may waive a provision of 

9 law relating to the acquisition of items and support serv10 ices or sections 40 and 40A of the Arms Export Control 

11 Act (22 U.S.C. 2780 and 2785) if the Secretary deter12 mines that such provision of law would prohibit, restrict, 

13 delay or otherwise limit the provision of such assistance 

14 and a notice of and justification for such waiver is sub15 mitted to the congressional defense committees, the Com16 mittees on Appropriations and Foreign Relations of the 

17 Senate and the Committees on Appropriations and For18 eign Affairs of the House of Representatives: Provided fur19 ther, That the United States may accept equipment pro20 cured using funds provided under this heading, or under 

21 the heading, ‘‘Iraq Train and Equip Fund’’ in prior Acts, 

22 that was transferred to security forces, irregular forces, 

23 or groups participating, or preparing to participate in ac24 tivities to counter the Islamic State of Iraq and Syria and 

25 returned by such forces or groups to the United States, 

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1 and such equipment may be treated as stocks of the De2 partment of Defense upon written notification to the con3 gressional defense committees: Provided further, That 

4 equipment procured using funds provided under this head5 ing, or under the heading, ‘‘Iraq Train and Equip Fund’’ 

6 in prior Acts, and not yet transferred to security forces, 

7 irregular forces, or groups participating, or preparing to 

8 participate in activities to counter the Islamic State of 

9 Iraq and Syria may be treated as stocks of the Depart10 ment of Defense when determined by the Secretary to no 

11 longer be required for transfer to such forces or groups 

12 and upon written notification to the congressional defense 

13 committees: Provided further, That the Secretary of De14 fense shall provide quarterly reports to the congressional 

15 defense committees on the use of funds provided under 

16 this heading, including, but not limited to, the number of 

17 individuals trained, the nature and scope of support and 

18 sustainment provided to each group or individual, the area 

19 of operations for each group, and the contributions of 

20 other countries, groups, or individuals: Provided further, 

21 That such amount is designated by the Congress for Over22 seas Contingency Operations/Global War on Terrorism 

23 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

24 Budget and Emergency Deficit Control Act of 1985. 

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1 PROCUREMENT 

2 AIRCRAFT PROCUREMENT, ARMY

3 For an additional amount for ‘‘Aircraft Procurement, 

4 Army’’, $346,963,000, to remain available until Sep5 tember 30, 2021: Provided, That such amount is des6 ignated by the Congress for Overseas Contingency Oper7 ations/Global War on Terrorism pursuant to section 

8 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985. 

10 MISSILE PROCUREMENT, ARMY

11 For an additional amount for ‘‘Missile Procurement, 

12 Army’’, $1,729,904,000, to remain available until Sep13 tember 30, 2021: Provided, That such amount is des14 ignated by the Congress for Overseas Contingency Oper15 ations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

19 VEHICLES, ARMY

20 For an additional amount for ‘‘Procurement of Weap21 ons and Tracked Combat Vehicles, Army’’, 

22 $1,102,108,000, to remain available until September 30, 

23 2021: Provided, That such amount is designated by the 

24 Congress for Overseas Contingency Operations/Global 

25 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

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1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 PROCUREMENT OF AMMUNITION, ARMY

4 For an additional amount for ‘‘Procurement of Am5 munition, Army’’, $299,075,000, to remain available until 

6 September 30, 2021: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 OTHER PROCUREMENT, ARMY

12 For an additional amount for ‘‘Other Procurement, 

13 Army’’, $1,364,045,000, to remain available until Sep14 tember 30, 2021: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 AIRCRAFT PROCUREMENT, NAVY

20 For an additional amount for ‘‘Aircraft Procurement, 

21 Navy’’, $232,119,000, to remain available until September 

22 30, 2021: Provided, That such amount is designated by 

23 the Congress for Overseas Contingency Operations/Global 

24 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

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1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 WEAPONS PROCUREMENT, NAVY

4 For an additional amount for ‘‘Weapons Procure5 ment, Navy’’, $14,134,000, to remain available until Sep6 tember 30, 2021: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

12 CORPS

13 For an additional amount for ‘‘Procurement of Am14 munition, Navy and Marine Corps’’, $229,783,000, to re15 main available until September 30, 2021: Provided, That 

16 such amount is designated by the Congress for Overseas 

17 Contingency Operations/Global War on Terrorism pursu18 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

19 and Emergency Deficit Control Act of 1985. 

20 OTHER PROCUREMENT, NAVY

21 For an additional amount for ‘‘Other Procurement, 

22 Navy’’, $181,173,000, to remain available until September 

23 30, 2021: Provided, That such amount is designated by 

24 the Congress for Overseas Contingency Operations/Global 

25 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

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1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 PROCUREMENT, MARINE CORPS

4 For an additional amount for ‘‘Procurement, Marine 

5 Corps’’, $58,023,000, to remain available until September 

6 30, 2021: Provided, That such amount is designated by 

7 the Congress for Overseas Contingency Operations/Global 

8 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

9 the Balanced Budget and Emergency Deficit Control Act 

10 of 1985. 

11 AIRCRAFT PROCUREMENT, AIR FORCE

12 For an additional amount for ‘‘Aircraft Procurement, 

13 Air Force’’, $955,248,000, to remain available until Sep14 tember 30, 2021: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 MISSILE PROCUREMENT, AIR FORCE

20 For an additional amount for ‘‘Missile Procurement, 

21 Air Force’’, $493,526,000, to remain available until Sep22 tember 30, 2021: Provided, That such amount is des23 ignated by the Congress for Overseas Contingency Oper24 ations/Global War on Terrorism pursuant to section 

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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 PROCUREMENT OF AMMUNITION, AIR FORCE

4 For an additional amount for ‘‘Procurement of Am5 munition, Air Force’’, $1,371,516,000, to remain available 

6 until September 30, 2021: Provided, That such amount 

7 is designated by the Congress for Overseas Contingency 

8 Operations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 OTHER PROCUREMENT, AIR FORCE

12 For an additional amount for ‘‘Other Procurement, 

13 Air Force’’, $3,677,276,000, to remain available until 

14 September 30, 2021: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 PROCUREMENT, DEFENSE-WIDE

20 For an additional amount for ‘‘Procurement, De21 fense-Wide’’, $572,135,000, to remain available until Sep22 tember 30, 2021: Provided, That such amount is des23 ignated by the Congress for Overseas Contingency Oper24 ations/Global War on Terrorism pursuant to section 

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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 RESEARCH, DEVELOPMENT, TEST AND 

4 EVALUATION 

5 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

6 ARMY

7 For an additional amount for ‘‘Research, Develop8 ment, Test and Evaluation, Army’’, $300,604,000, to re9 main available until September 30, 2020: Provided, That 

10 such amount is designated by the Congress for Overseas 

11 Contingency Operations/Global War on Terrorism pursu12 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

13 and Emergency Deficit Control Act of 1985. 

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

15 NAVY

16 For an additional amount for ‘‘Research, Develop17 ment, Test and Evaluation, Navy’’, $167,812,000, to re18 main available until September 30, 2020: Provided, That 

19 such amount is designated by the Congress for Overseas 

20 Contingency Operations/Global War on Terrorism pursu21 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

22 and Emergency Deficit Control Act of 1985. 

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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Air Force’’, $321,934,000, to 

5 remain available until September 30, 2020: Provided, 

6 That such amount is designated by the Congress for Over7 seas Contingency Operations/Global War on Terrorism 

8 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

9 Budget and Emergency Deficit Control Act of 1985. 

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 DEFENSE-WIDE

12 For an additional amount for ‘‘Research, Develop13 ment, Test and Evaluation, Defense-Wide’’, 

14 $403,044,000, to remain available until September 30, 

15 2020: Provided, That such amount is designated by the 

16 Congress for Overseas Contingency Operations/Global 

17 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

18 the Balanced Budget and Emergency Deficit Control Act 

19 of 1985. 

20 REVOLVING AND MANAGEMENT FUNDS 

21 DEFENSE WORKING CAPITAL FUNDS

22 For an additional amount for ‘‘Defense Working 

23 Capital Funds’’, $15,190,000: Provided, That such 

24 amount is designated by the Congress for Overseas Con25 tingency Operations/Global War on Terrorism pursuant to 

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1 section 251(b)(2)(A)(ii) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

4 DEFENSE HEALTH PROGRAM

5 For an additional amount for ‘‘Defense Health Pro6 gram’’, $352,068,000, which shall be for operation and 

7 maintenance: Provided, That such amount is designated 

8 by the Congress for Overseas Contingency Operations/ 

9 Global War on Terrorism pursuant to section 

10 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985. 

12 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

13 DEFENSE

14 For an additional amount for ‘‘Drug Interdiction and 

15 Counter-Drug Activities, Defense’’, $153,100,000: Pro16 vided, That such amount is designated by the Congress 

17 for Overseas Contingency Operations/Global War on Ter18 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985. 

20 OFFICE OF THE INSPECTOR GENERAL

21 For an additional amount for the ‘‘Office of the In22 spector General’’, $24,692,000: Provided, That such 

23 amount is designated by the Congress for Overseas Con24 tingency Operations/Global War on Terrorism pursuant to 

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1 section 251(b)(2)(A)(ii) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 GENERAL PROVISIONS—THIS TITLE 

4 SEC. 9001. Notwithstanding any other provision of 

5 law, funds made available in this title are in addition to 

6 amounts appropriated or otherwise made available for the 

7 Department of Defense for fiscal year 2019. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 9002. Upon the determination of the Secretary 

10 of Defense that such action is necessary in the national 

11 interest, the Secretary may, with the approval of the Of12 fice of Management and Budget, transfer up to 

13 $2,000,000,000 between the appropriations or funds made 

14 available to the Department of Defense in this title: Pro15 vided, That the Secretary shall notify the Congress 

16 promptly of each transfer made pursuant to the authority 

17 in this section: Provided further, That the authority pro18 vided in this section is in addition to any other transfer 

19 authority available to the Department of Defense and is 

20 subject to the same terms and conditions as the authority 

21 provided in section 8005 of this Act. 

22 SEC. 9003. Supervision and administration costs and 

23 costs for design during construction associated with a con24 struction project funded with appropriations available for 

25 operation and maintenance or the ‘‘Afghanistan Security 

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1 Forces Fund’’ provided in this Act and executed in direct 

2 support of overseas contingency operations in Afghani3 stan, may be obligated at the time a construction contract 

4 is awarded: Provided, That, for the purpose of this section, 

5 supervision and administration costs and costs for design 

6 during construction include all in-house Government costs. 

7 SEC. 9004. From funds made available in this title, 

8 the Secretary of Defense may purchase for use by military 

9 and civilian employees of the Department of Defense in 

10 the United States Central Command area of responsi11 bility: (1) passenger motor vehicles up to a limit of 

12 $75,000 per vehicle; and (2) heavy and light armored vehi13 cles for the physical security of personnel or for force pro14 tection purposes up to a limit of $450,000 per vehicle, not15 withstanding price or other limitations applicable to the 

16 purchase of passenger carrying vehicles. 

17 SEC. 9005. Not to exceed $10,000,000 of the 

18 amounts appropriated by this title under the heading ‘‘Op19 eration and Maintenance, Army’’ may be used, notwith20 standing any other provision of law, to fund the Com21 manders’ Emergency Response Program (CERP), for the 

22 purpose of enabling military commanders in Afghanistan 

23 to respond to urgent, small-scale, humanitarian relief and 

24 reconstruction requirements within their areas of responsi25 bility: Provided, That each project (including any ancillary 

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1 or related elements in connection with such project) exe2 cuted under this authority shall not exceed $2,000,000: 

3 Provided further, That not later than 45 days after the 

4 end of each 6 months of the fiscal year, the Secretary of 

5 Defense shall submit to the congressional defense commit6 tees a report regarding the source of funds and the alloca7 tion and use of funds during that 6-month period that 

8 were made available pursuant to the authority provided 

9 in this section or under any other provision of law for the 

10 purposes described herein: Provided further, That, not 

11 later than 30 days after the end of each fiscal year quar12 ter, the Army shall submit to the congressional defense 

13 committees quarterly commitment, obligation, and expend14 iture data for the CERP in Afghanistan: Provided further, 

15 That, not less than 15 days before making funds available 

16 pursuant to the authority provided in this section or under 

17 any other provision of law for the purposes described here18 in for a project with a total anticipated cost for completion 

19 of $500,000 or more, the Secretary shall submit to the 

20 congressional defense committees a written notice con21 taining each of the following: 

22 (1) The location, nature and purpose of the 

23 proposed project, including how the project is in24 tended to advance the military campaign plan for 

25 the country in which it is to be carried out. 

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1 (2) The budget, implementation timeline with 

2 milestones, and completion date for the proposed 

3 project, including any other CERP funding that has 

4 been or is anticipated to be contributed to the com5 pletion of the project. 

6 (3) A plan for the sustainment of the proposed 

7 project, including the agreement with either the host 

8 nation, a non-Department of Defense agency of the 

9 United States Government or a third-party contrib10 utor to finance the sustainment of the activities and 

11 maintenance of any equipment or facilities to be pro12 vided through the proposed project. 

13 SEC. 9006. Funds available to the Department of De14 fense for operation and maintenance may be used, not15 withstanding any other provision of law, to provide sup16 plies, services, transportation, including airlift and sealift, 

17 and other logistical support to allied forces participating 

18 in a combined operation with the armed forces of the 

19 United States and coalition forces supporting military and 

20 stability operations in Afghanistan and to counter the Is21 lamic State of Iraq and Syria: Provided, That the Sec22 retary of Defense shall provide quarterly reports to the 

23 congressional defense committees regarding support pro24 vided under this section. 

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1 SEC. 9007. None of the funds appropriated or other2 wise made available by this or any other Act shall be obli3 gated or expended by the United States Government for 

4 a purpose as follows: 

5 (1) To establish any military installation or 

6 base for the purpose of providing for the permanent 

7 stationing of United States Armed Forces in Iraq. 

8 (2) To exercise United States control over any 

9 oil resource of Iraq. 

10 (3) To establish any military installation or 

11 base for the purpose of providing for the permanent 

12 stationing of United States Armed Forces in Af13 ghanistan. 

14 SEC. 9008. None of the funds made available in this 

15 Act may be used in contravention of the following laws 

16 enacted or regulations promulgated to implement the 

17 United Nations Convention Against Torture and Other 

18 Cruel, Inhuman or Degrading Treatment or Punishment 

19 (done at New York on December 10, 1984): 

20 (1) Section 2340A of title 18, United States 

21 Code. 

22 (2) Section 2242 of the Foreign Affairs Reform 

23 and Restructuring Act of 1998 (division G of Public 

24 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

25 note) and regulations prescribed thereto, including 

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1 regulations under part 208 of title 8, Code of Fed2 eral Regulations, and part 95 of title 22, Code of 

3 Federal Regulations. 

4 (3) Sections 1002 and 1003 of the Department 

5 of Defense, Emergency Supplemental Appropriations 

6 to Address Hurricanes in the Gulf of Mexico, and 

7 Pandemic Influenza Act, 2006 (Public Law 109– 

8 148). 

9 SEC. 9009. None of the funds provided for the ‘‘Af10 ghanistan Security Forces Fund’’ (ASFF) may be obli11 gated prior to the approval of a financial and activity plan 

12 by the Afghanistan Resources Oversight Council (AROC) 

13 of the Department of Defense: Provided, That the AROC 

14 must approve the requirement and acquisition plan for any 

15 service requirements in excess of $50,000,000 annually 

16 and any non-standard equipment requirements in excess 

17 of $100,000,000 using ASFF: Provided further, That the 

18 Department of Defense must certify to the congressional 

19 defense committees that the AROC has convened and ap20 proved a process for ensuring compliance with the require21 ments in the preceding proviso and accompanying report 

22 language for the ASFF. 

23 SEC. 9010. Funds made available in this title to the 

24 Department of Defense for operation and maintenance 

25 may be used to purchase items having an investment unit 

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1 cost of not more than $250,000: Provided, That, upon de2 termination by the Secretary of Defense that such action 

3 is necessary to meet the operational requirements of a 

4 Commander of a Combatant Command engaged in contin5 gency operations overseas, such funds may be used to pur6 chase items having an investment item unit cost of not 

7 more than $500,000. 

8 SEC. 9011. Up to $500,000,000 of funds appro9 priated by this Act for the Defense Security Cooperation 

10 Agency in ‘‘Operation and Maintenance, Defense-Wide’’ 

11 may be used to provide assistance to the Government of 

12 Jordan to support the armed forces of Jordan and to en13 hance security along its borders. 

14 SEC. 9012. None of the funds made available by this 

15 Act under the heading ‘‘Counter-ISIS Train and Equip 

16 Fund’’ may be used to procure or transfer man-portable 

17 air defense systems. 

18 SEC. 9013. For the ‘‘Ukraine Security Assistance Ini19 tiative’’, $250,000,000 is hereby appropriated, to remain 

20 available until September 30, 2019: Provided, That such 

21 funds shall be available to the Secretary of Defense, in 

22 coordination with the Secretary of State, to provide assist23 ance, including training; equipment; lethal assistance; lo24 gistics support, supplies and services; sustainment; and in25 telligence support to the military and national security 

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1 forces of Ukraine, and for replacement of any weapons 

2 or articles provided to the Government of Ukraine from 

3 the inventory of the United States: Provided further, That 

4 of the amounts made available in this section, 

5 $50,000,000 shall be available only for lethal assistance 

6 described in paragraphs (2) and (3) of section 1250(b) 

7 of the National Defense Authorization Act for Fiscal Year 

8 2016 (Public Law 114–92; 129 Stat. 1068): Provided fur9 ther, That the Secretary of Defense shall, not less than 

10 15 days prior to obligating funds provided under this 

11 heading, notify the congressional defense committees in 

12 writing of the details of any such obligation: Provided fur13 ther, That the United States may accept equipment pro14 cured using funds provided under this heading in this or 

15 prior Acts that was transferred to the security forces of 

16 Ukraine and returned by such forces to the United States: 

17 Provided further, That equipment procured using funds 

18 provided under this heading in this or prior Acts, and not 

19 yet transferred to the military or National Security Forces 

20 of Ukraine or returned by such forces to the United 

21 States, may be treated as stocks of the Department of De22 fense upon written notification to the congressional de23 fense committees: Provided further, That amounts made 

24 available by this section are designated by the Congress 

25 for Overseas Contingency Operations/Global War on TerSeptember 11, 2018 (8:05 p.m.)
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1 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 

3 SEC. 9014. Funds appropriated in this title shall be 

4 available for replacement of funds for items provided to 

5 the Government of Ukraine from the inventory of the 

6 United States to the extent specifically provided for in sec7 tion 9013 of this Act. 

8 SEC. 9015. None of the funds made available by this 

9 Act under section 9013 may be used to procure or transfer 

10 man-portable air defense systems. 

11 SEC. 9016. Equipment procured using funds provided 

12 in prior Acts under the heading ‘‘Counterterrorism Part13 nerships Fund’’ for the program authorized by section 

14 1209 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon 

15 National Defense Authorization Act for Fiscal Year 2015 

16 (Public Law 113–291), and not yet transferred to author17 ized recipients may be transferred to foreign security 

18 forces, irregular forces, groups, or individuals, authorized 

19 to receive assistance using amounts provided under the 

20 heading ‘‘Counter-ISIS Train and Equip Fund’’ in this 

21 Act: Provided, That such equipment may be transferred 

22 15 days following written notification to the congressional 

23 defense committees. 

24 SEC. 9017. (a) None of the funds appropriated or 

25 otherwise made available by this Act under the heading 

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1 ‘‘Operation and Maintenance, Defense-Wide’’ for pay2 ments under section 1233 of Public Law 110–181 for re3 imbursement to the Government of Pakistan may be made 

4 available unless the Secretary of Defense, in coordination 

5 with the Secretary of State, certifies to the congressional 

6 defense committees that the Government of Pakistan is— 

7 (1) cooperating with the United States in 

8 counterterrorism efforts against the Haqqani Net9 work, the Quetta Shura Taliban, Lashkar e-Tayyiba, 

10 Jaish-e-Mohammed, Al Qaeda, and other domestic 

11 and foreign terrorist organizations, including taking 

12 steps to end support for such groups and prevent 

13 them from basing and operating in Pakistan and 

14 carrying out cross border attacks into neighboring 

15 countries; 

16 (2) not supporting terrorist activities against 

17 United States or coalition forces in Afghanistan, and 

18 Pakistan’s military and intelligence agencies are not 

19 intervening extra-judicially into political and judicial 

20 processes in Pakistan; 

21 (3) dismantling improvised explosive device 

22 (IED) networks and interdicting precursor chemicals 

23 used in the manufacture of IEDs; 

24 (4) preventing the proliferation of nuclear-re25 lated material and expertise; 

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1 (5) implementing policies to protect judicial 

2 independence and due process of law; 

3 (6) issuing visas in a timely manner for United 

4 States visitors engaged in counterterrorism efforts 

5 and assistance programs in Pakistan; and 

6 (7) providing humanitarian organizations access 

7 to detainees, internally displaced persons, and other 

8 Pakistani civilians affected by the conflict. 

9 (b) The Secretary of Defense, in coordination with 

10 the Secretary of State, may waive the restriction in sub11 section (a) on a case-by-case basis by certifying in writing 

12 to the congressional defense committees that it is in the 

13 national security interest to do so: Provided, That if the 

14 Secretary of Defense, in coordination with the Secretary 

15 of State, exercises such waiver authority, the Secretaries 

16 shall report to the congressional defense committees on 

17 both the justification for the waiver and on the require18 ments of this section that the Government of Pakistan was 

19 not able to meet: Provided further, That such report may 

20 be submitted in classified form if necessary. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 9018. In addition to amounts otherwise made 

23 available in this Act, $500,000,000 is hereby appropriated 

24 to the Department of Defense and made available for 

25 transfer only to the operation and maintenance, military 

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1 personnel, and procurement accounts, to improve the intel2 ligence, surveillance, and reconnaissance capabilities of the 

3 Department of Defense: Provided, That the transfer au4 thority provided in this section is in addition to any other 

5 transfer authority provided elsewhere in this Act: Provided 

6 further, That not later than 30 days prior to exercising 

7 the transfer authority provided in this section, the Sec8 retary of Defense shall submit a report to the congres9 sional defense committees on the proposed uses of these 

10 funds: Provided further, That the funds provided in this 

11 section may not be transferred to any program, project, 

12 or activity specifically limited or denied by this Act: Pro13 vided further, That amounts made available by this section 

14 are designated by the Congress for Overseas Contingency 

15 Operations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985: Provided further, That the 

18 authority to provide funding under this section shall termi19 nate on September 30, 2019. 

20 SEC. 9019. None of the funds made available by this 

21 Act may be used with respect to Syria in contravention 

22 of the War Powers Resolution (50 U.S.C. 1541 et seq.), 

23 including for the introduction of United States armed or 

24 military forces into hostilities in Syria, into situations in 

25 Syria where imminent involvement in hostilities is clearly 

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1 indicated by the circumstances, or into Syrian territory, 

2 airspace, or waters while equipped for combat, in con3 travention of the congressional consultation and reporting 

4 requirements of sections 3 and 4 of that law (50 U.S.C. 

5 1542 and 1543). 

6 SEC. 9020. None of the funds in this Act may be 

7 made available for the transfer of additional C–130 cargo 

8 aircraft to the Afghanistan National Security Forces or 

9 the Afghanistan Air Force until the Department of De10 fense provides a report to the congressional defense com11 mittees of the Afghanistan Air Force’s medium airlift re12 quirements. The report should identify Afghanistan’s abil13 ity to utilize and maintain existing medium lift aircraft 

14 in the inventory and the best alternative platform, if nec15 essary, to provide additional support to the Afghanistan 

16 Air Force’s current medium airlift capacity. 

17 (RESCISSIONS)

18 SEC. 9021. Of the funds appropriated in Department 

19 of Defense Appropriations Acts, the following funds are 

20 hereby rescinded from the following accounts and pro21 grams in the specified amounts: Provided, That such 

22 amounts are designated by the Congress for Overseas 

23 Contingency Operations/Global War on Terrorism pursu24 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

25 and Emergency Deficit Control Act of 1985: 

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1 ‘‘Procurement of Ammunition, Navy and Ma2 rine Corps’’, 2017/2019, $2,216,000; 

3 ‘‘Operation and Maintenance, Defense-Wide: 

4 Coalition Support Fund’’, 2018/2019, $800,000,000; 

5 ‘‘Operation and Maintenance, Defense-Wide: 

6 DSCA Security Cooperation’’, 2018/2019, 

7 $150,000,000; 

8 ‘‘Counter-ISIS Train and Equip Fund’’, 2018/ 

9 2019, $300,000,000; and 

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

11 $88,400,000. 

12 SEC. 9022. Funds available for the Afghanistan Se13 curity Forces Fund may be used to provide limited train14 ing, equipment, and other assistance that would otherwise 

15 be prohibited by 10 U.S.C. 362 to a unit of the security 

16 forces of Afghanistan only if the Secretary certifies to the 

17 congressional defense committees, within 30 days of a de18 cision to provide such assistance, that (1) a denial of such 

19 assistance would present significant risk to U.S. or coali20 tion forces or significantly undermine United States na21 tional security objectives in Afghanistan; and (2) the Sec22 retary has sought a commitment by the Government of 

23 Afghanistan to take all necessary corrective steps: Pro24 vided, That such certification shall be accompanied by a 

25 report describing: (1) the information relating to the gross 

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1 violation of human rights; (2) the circumstances that ne2 cessitated the provision of such assistance; (3) the Afghan 

3 security force unit involved; (4) the assistance provided 

4 and the assistance withheld; and (5) the corrective steps 

5 to be taken by the Government of Afghanistan: Provided 

6 further, That every 120 days after the initial report an 

7 additional report shall be submitted detailing the status 

8 of any corrective steps taken by the Government of Af9 ghanistan: Provided further, That if the Government of Af10 ghanistan has not initiated necessary corrective steps 

11 within one year of the certification, the authority under 

12 this section to provide assistance to such unit shall no 

13 longer apply: Provided further, That the Secretary shall 

14 submit a report to such committees detailing the final dis15 position of the case by the Government of Afghanistan. 

16 SEC. 9023. Each amount designated in this Act by 

17 the Congress for Overseas Contingency Operations/Global 

18 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

19 the Balanced Budget and Emergency Deficit Control Act 

20 of 1985 shall be available (or rescinded, if applicable) only 

21 if the President subsequently so designates all such 

22 amounts and transmits such designations to the Congress. 

23 This division may be cited as the ‘‘Department of De24 fense Appropriations Act, 2019’’. 

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1 DIVISION B—DEPARTMENTS OF LABOR, 

2 HEALTH AND HUMAN SERVICES, AND 

3 EDUCATION, AND RELATED AGENCIES 

4 APPROPRIATIONS ACT, 2019 

5 TITLE I 

6 DEPARTMENT OF LABOR 

7 EMPLOYMENT AND TRAINING ADMINISTRATION

8 TRAINING AND EMPLOYMENT SERVICES

9 For necessary expenses of the Workforce Innovation 

10 and Opportunity Act (referred to in this Act as ‘‘WIOA’’), 

11 the Second Chance Act of 2007, and the National Appren12 ticeship Act, $3,502,700,000, plus reimbursements, shall 

13 be available. Of the amounts provided: 

14 (1) for grants to States for adult employment 

15 and training activities, youth activities, and dis16 located worker employment and training activities, 

17 $2,789,832,000 as follows: 

18 (A) $845,556,000 for adult employment 

19 and training activities, of which $133,556,000 

20 shall be available for the period July 1, 2019 

21 through June 30, 2020, and of which 

22 $712,000,000 shall be available for the period 

23 October 1, 2019 through June 30, 2020; 

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1 (B) $903,416,000 for youth activities, 

2 which shall be available for the period April 1, 

3 2019 through June 30, 2020; and 

4 (C) $1,040,860,000 for dislocated worker 

5 employment and training activities, of which 

6 $180,860,000 shall be available for the period 

7 July 1, 2019 through June 30, 2020, and of 

8 which $860,000,000 shall be available for the 

9 period October 1, 2019 through June 30, 2020: 

10 Provided, That the funds available for allotment to 

11 outlying areas to carry out subtitle B of title I of the 

12 WIOA shall not be subject to the requirements of 

13 section 127(b)(1)(B)(ii) of such Act; and 

14 (2) for national programs, $712,868,000 as fol15 lows: 

16 (A) $220,859,000 for the dislocated work17 ers assistance national reserve, of which 

18 $20,859,000 shall be available for the period 

19 July 1, 2019 through September 30, 2020, and 

20 of which $200,000,000 shall be available for the 

21 period October 1, 2019 through September 30, 

22 2020: Provided, That funds provided to carry 

23 out section 132(a)(2)(A) of the WIOA may be 

24 used to provide assistance to a State for state25 wide or local use in order to address cases 

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1 where there have been worker dislocations 

2 across multiple sectors or across multiple local 

3 areas and such workers remain dislocated; co4 ordinate the State workforce development plan 

5 with emerging economic development needs; and 

6 train such eligible dislocated workers: Provided 

7 further, That funds provided to carry out sec8 tions 168(b) and 169(c) of the WIOA may be 

9 used for technical assistance and demonstration 

10 projects, respectively, that provide assistance to 

11 new entrants in the workforce and incumbent 

12 worker: Provided further, That notwithstanding 

13 section 168(b) of the WIOA, of the funds pro14 vided under this subparagraph, the Secretary of 

15 Labor (referred to in this title as ‘‘Secretary’’) 

16 may reserve not more than 10 percent of such 

17 funds to provide technical assistance and carry 

18 out additional activities related to the transition 

19 to the WIOA: Provided further, That of the 

20 funds provided under this subparagraph, 

21 $30,000,000 shall be for training and employ22 ment assistance under sections 168(b), 169(c) 

23 (notwithstanding the 10 percent limitation in 

24 such section) and 170 of the WIOA for workers 

25 in the Appalachian region, as defined by 40 

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1 U.S.C. 14102(a)(1) and workers in the Lower 

2 Mississippi, as defined in section 4(2) of the 

3 Delta Development Act (Public Law 100–460, 

4 102 Stat. 2246; 7 U.S.C. 2009aa(2)); 

5 (B) $54,500,000 for Native American pro6 grams under section 166 of the WIOA, which 

7 shall be available for the period July 1, 2019 

8 through June 30, 2020; 

9 (C) $88,896,000 for migrant and seasonal 

10 farmworker programs under section 167 of the 

11 WIOA, including $82,447,000 for formula 

12 grants (of which not less than 70 percent shall 

13 be for employment and training services), 

14 $5,922,000 for migrant and seasonal housing 

15 (of which not less than 70 percent shall be for 

16 permanent housing), and $527,000 for other 

17 discretionary purposes, which shall be available 

18 for the period July 1, 2019 through June 30, 

19 2020: Provided, That notwithstanding any 

20 other provision of law or related regulation, the 

21 Department of Labor shall take no action lim22 iting the number or proportion of eligible par23 ticipants receiving related assistance services or 

24 discouraging grantees from providing such serv25 ices; 

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1 (D) $89,534,000 for YouthBuild activities 

2 as described in section 171 of the WIOA, which 

3 shall be available for the period April 1, 2019 

4 through June 30, 2020; 

5 (E) $93,079,000 for ex-offender activities, 

6 under the authority of section 169 of the WIOA 

7 and section 212 of the Second Chance Act of 

8 2007, which shall be available for the period 

9 April 1, 2019 through June 30, 2020: Provided, 

10 That of this amount, $25,000,000 shall be for 

11 competitive grants to national and regional 

12 intermediaries for activities that prepare young 

13 ex-offenders and school dropouts for employ14 ment, with a priority for projects serving high15 crime, high-poverty areas; 

16 (F) $6,000,000 for the Workforce Data 

17 Quality Initiative, under the authority of section 

18 169 of the WIOA, which shall be available for 

19 the period July 1, 2019 through June 30, 

20 2020; and 

21 (G) $160,000,000 to expand opportunities 

22 relating to apprenticeship programs registered 

23 under the National Apprenticeship Act, to be 

24 available to the Secretary to carry out activities 

25 through grants, cooperative agreements, conSeptember 12, 2018 (9:18 p.m.)
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1 tracts and other arrangements, with States and 

2 other appropriate entities, which shall be avail3 able for the period April 1, 2019 through June 

4 30, 2020. 

5 JOB CORPS

6 (INCLUDING TRANSFER OF FUNDS)

7 To carry out subtitle C of title I of the WIOA, includ8 ing Federal administrative expenses, the purchase and 

9 hire of passenger motor vehicles, the construction, alter10 ation, and repairs of buildings and other facilities, and the 

11 purchase of real property for training centers as author12 ized by the WIOA, $1,718,655,000, plus reimbursements, 

13 as follows: 

14 (1) $1,603,325,000 for Job Corps Operations, 

15 which shall be available for the period July 1, 2019 

16 through June 30, 2020; 

17 (2) $83,000,000 for construction, rehabilitation 

18 and acquisition of Job Corps Centers, which shall be 

19 available for the period July 1, 2019 through June 

20 30, 2022, and which may include the acquisition, 

21 maintenance, and repair of major items of equip22 ment: Provided, That the Secretary may transfer up 

23 to 15 percent of such funds to meet the operational 

24 needs of such centers or to achieve administrative ef25 ficiencies: Provided further, That any funds transSeptember 12, 2018 (9:18 p.m.)
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1 ferred pursuant to the preceding provision shall not 

2 be available for obligation after June 30, 2020: Pro3 vided further, That the Committees on Appropria4 tions of the House of Representatives and the Sen5 ate are notified at least 15 days in advance of any 

6 transfer; and 

7 (3) $32,330,000 for necessary expenses of Job 

8 Corps, which shall be available for obligation for the 

9 period October 1, 2018 through September 30, 

10 2019: 

11 Provided, That no funds from any other appropriation 

12 shall be used to provide meal services at or for Job Corps 

13 centers. 

14 COMMUNITY SERVICE EMPLOYMENT FOR OLDER

15 AMERICANS

16 To carry out title V of the Older Americans Act of 

17 1965 (referred to in this Act as ‘‘OAA’’), $400,000,000, 

18 which shall be available for the period April 1, 2019 

19 through June 30, 2020, and may be recaptured and reobli20 gated in accordance with section 517(c) of the OAA. 

21 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

22 For payments during fiscal year 2019 of trade ad23 justment benefit payments and allowances under part I 

24 of subchapter B of chapter 2 of title II of the Trade Act 

25 of 1974, and section 246 of that Act; and for training, 

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1 employment and case management services, allowances for 

2 job search and relocation, and related State administrative 

3 expenses under part II of subchapter B of chapter 2 of 

4 title II of the Trade Act of 1974, and including benefit 

5 payments, allowances, training, employment and case 

6 management services, and related State administration 

7 provided pursuant to section 231(a) of the Trade Adjust8 ment Assistance Extension Act of 2011 and section 405(a) 

9 of the Trade Preferences Extension Act of 2015, 

10 $790,000,000 together with such amounts as may be nec11 essary to be charged to the subsequent appropriation for 

12 payments for any period subsequent to September 15, 

13 2019: Provided, That notwithstanding section 502 of this 

14 Act, any part of the appropriation provided under this 

15 heading may remain available for obligation beyond the 

16 current fiscal year pursuant to the authorities of section 

17 245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)). 

18 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT

19 SERVICE OPERATIONS

20 For authorized administrative expenses, 

21 $84,066,000, together with not to exceed $3,251,583,000 

22 which may be expended from the Employment Security 

23 Administration Account in the Unemployment Trust Fund 

24 (‘‘the Trust Fund’’), of which: 

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1 (1) $2,515,816,000 from the Trust Fund is for 

2 grants to States for the administration of State un3 employment insurance laws as authorized under title 

4 III of the Social Security Act (including not less 

5 than $150,000,000 to carry out reemployment serv6 ices and eligibility assessments under section 306 of 

7 such Act, any claimants of regular compensation, as 

8 defined in such section, including those who are 

9 profiled as most likely to exhaust their benefits, may 

10 be eligible for such services and assessments: Pro11 vided, That of such amount, $117,000,000 is speci12 fied for grants under section 306 of the Social Secu13 rity Act and is provided to meet the terms of section 

14 251(b)(2)(E)(ii) of the Balanced Budget and Emer15 gency Deficit Control Act of 1985, as amended, and 

16 $33,000,000 is additional new budget authority 

17 specified for purposes of section 251(b)(2)(E)(i)(II) 

18 of such Act; and $9,000,000 for continued support 

19 of the Unemployment Insurance Integrity Center of 

20 Excellence), the administration of unemployment in21 surance for Federal employees and for ex-service 

22 members as authorized under 5 U.S.C. 8501–8523, 

23 and the administration of trade readjustment allow24 ances, reemployment trade adjustment assistance, 

25 and alternative trade adjustment assistance under 

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1 the Trade Act of 1974 and under section 231(a) of 

2 the Trade Adjustment Assistance Extension Act of 

3 2011 and section 405(a) of the Trade Preferences 

4 Extension Act of 2015, and shall be available for ob5 ligation by the States through December 31, 2019, 

6 except that funds used for automation shall be avail7 able for Federal obligation through December 31, 

8 2019, and for State obligation through September 

9 30, 2021, or, if the automation is being carried out 

10 through consortia of States, for State obligation 

11 through September 30, 2024, and for expenditure 

12 through September 30, 2025, and funds for competi13 tive grants awarded to States for improved oper14 ations and to conduct in-person reemployment and 

15 eligibility assessments and unemployment insurance 

16 improper payment reviews and provide reemploy17 ment services and referrals to training, as appro18 priate, shall be available for Federal obligation 

19 through December 31, 2019, and for obligation by 

20 the States through September 30, 2021, and funds 

21 for the Unemployment Insurance Integrity Center of 

22 Excellence shall be available for obligation by the 

23 State through September 30, 2020, and funds used 

24 for unemployment insurance workloads experienced 

September 12, 2018 (9:18 p.m.)
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1 through September 30, 2019 shall be available for 

2 Federal obligation through December 31, 2019; 

3 (2) $12,000,000 from the Trust Fund is for na4 tional activities necessary to support the administra5 tion of the Federal-State unemployment insurance 

6 system; 

7 (3) $641,639,000 from the Trust Fund, to8 gether with $21,413,000 from the General Fund of 

9 the Treasury, is for grants to States in accordance 

10 with section 6 of the Wagner-Peyser Act, and shall 

11 be available for Federal obligation for the period 

12 July 1, 2019 through June 30, 2020; 

13 (4) $19,818,000 from the Trust Fund is for na14 tional activities of the Employment Service, includ15 ing administration of the work opportunity tax cred16 it under section 51 of the Internal Revenue Code of 

17 1986, and the provision of technical assistance and 

18 staff training under the Wagner-Peyser Act; 

19 (5) $62,310,000 from the Trust Fund is for the 

20 administration of foreign labor certifications and re21 lated activities under the Immigration and Nation22 ality Act and related laws, of which $48,028,000 

23 shall be available for the Federal administration of 

24 such activities, and $14,282,000 shall be available 

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1 for grants to States for the administration of such 

2 activities; and 

3 (6) $62,653,000 from the General Fund is to 

4 provide workforce information, national electronic 

5 tools, and one-stop system building under the Wag6 ner-Peyser Act and shall be available for Federal ob7 ligation for the period July 1, 2019 through June 

8 30, 2020: 

9 Provided, That to the extent that the Average Weekly In10 sured Unemployment (‘‘AWIU’’) for fiscal year 2019 is 

11 projected by the Department of Labor to exceed 

12 2,030,000, an additional $28,600,000 from the Trust 

13 Fund shall be available for obligation for every 100,000 

14 increase in the AWIU level (including a pro rata amount 

15 for any increment less than 100,000) to carry out title 

16 III of the Social Security Act: Provided further, That 

17 funds appropriated in this Act that are allotted to a State 

18 to carry out activities under title III of the Social Security 

19 Act may be used by such State to assist other States in 

20 carrying out activities under such title III if the other 

21 States include areas that have suffered a major disaster 

22 declared by the President under the Robert T. Stafford 

23 Disaster Relief and Emergency Assistance Act: Provided 

24 further, That the Secretary may use funds appropriated 

25 for grants to States under title III of the Social Security 

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1 Act to make payments on behalf of States for the use of 

2 the National Directory of New Hires under section 

3 453(j)(8) of such Act: Provided further, That the Sec4 retary may use funds appropriated for grants to States 

5 under title III of the Social Security Act to make pay6 ments on behalf of States to the entity operating the State 

7 Information Data Exchange System: Provided further, 

8 That funds appropriated in this Act which are used to es9 tablish a national one-stop career center system, or which 

10 are used to support the national activities of the Federal11 State unemployment insurance, employment service, or 

12 immigration programs, may be obligated in contracts, 

13 grants, or agreements with States and non-State entities: 

14 Provided further, That States awarded competitive grants 

15 for improved operations under title III of the Social Secu16 rity Act, or awarded grants to support the national activi17 ties of the Federal-State unemployment insurance system, 

18 may award subgrants to other States and non-State enti19 ties under such grants, subject to the conditions applicable 

20 to the grants: Provided further, That funds appropriated 

21 under this Act for activities authorized under title III of 

22 the Social Security Act and the Wagner-Peyser Act may 

23 be used by States to fund integrated Unemployment In24 surance and Employment Service automation efforts, not25 withstanding cost allocation principles prescribed under 

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1 the final rule entitled ‘‘Uniform Administrative Require2 ments, Cost Principles, and Audit Requirements for Fed3 eral Awards’’ at part 200 of title 2, Code of Federal Regu4 lations: Provided further, That the Secretary, at the re5 quest of a State participating in a consortium with other 

6 States, may reallot funds allotted to such State under title 

7 III of the Social Security Act to other States participating 

8 in the consortium or to the entity operating the Unemploy9 ment Insurance Information Technology Support Center 

10 in order to carry out activities that benefit the administra11 tion of the unemployment compensation law of the State 

12 making the request: Provided further, That the Secretary 

13 may collect fees for the costs associated with additional 

14 data collection, analyses, and reporting services relating 

15 to the National Agricultural Workers Survey requested by 

16 State and local governments, public and private institu17 tions of higher education, and nonprofit organizations and 

18 may utilize such sums, in accordance with the provisions 

19 of 29 U.S.C. 9a, for the National Agricultural Workers 

20 Survey infrastructure, methodology, and data to meet the 

21 information collection and reporting needs of such entities, 

22 which shall be credited to this appropriation and shall re23 main available until September 30, 2020, for such pur24 poses. 

September 12, 2018 (9:18 p.m.)
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1 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND

2 OTHER FUNDS

3 For repayable advances to the Unemployment Trust 

4 Fund as authorized by sections 905(d) and 1203 of the 

5 Social Security Act, and to the Black Lung Disability 

6 Trust Fund as authorized by section 9501(c)(1) of the In7 ternal Revenue Code of 1986; and for nonrepayable ad8 vances to the revolving fund established by section 901(e) 

9 of the Social Security Act, to the Unemployment Trust 

10 Fund as authorized by 5 U.S.C. 8509, and to the ‘‘Federal 

11 Unemployment Benefits and Allowances’’ account, such 

12 sums as may be necessary, which shall be available for 

13 obligation through September 30, 2020. 

14 PROGRAM ADMINISTRATION

15 For expenses of administering employment and train16 ing programs, $108,674,000, together with not to exceed 

17 $49,982,000 which may be expended from the Employ18 ment Security Administration Account in the Unemploy19 ment Trust Fund. 

20 EMPLOYEE BENEFITS SECURITY ADMINISTRATION

21 SALARIES AND EXPENSES

22 For necessary expenses for the Employee Benefits 

23 Security Administration, $181,000,000, of which up to 

24 $3,000,000 shall be made available through September 30, 

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1 2020, for the procurement of expert witnesses for enforce2 ment litigation. 

3 PENSION BENEFIT GUARANTY CORPORATION

4 PENSION BENEFIT GUARANTY CORPORATION FUND

5 The Pension Benefit Guaranty Corporation (‘‘Cor6 poration’’) is authorized to make such expenditures, in7 cluding financial assistance authorized by subtitle E of 

8 title IV of the Employee Retirement Income Security Act 

9 of 1974, within limits of funds and borrowing authority 

10 available to the Corporation, and in accord with law, and 

11 to make such contracts and commitments without regard 

12 to fiscal year limitations, as provided by 31 U.S.C. 9104, 

13 as may be necessary in carrying out the program, includ14 ing associated administrative expenses, through Sep15 tember 30, 2019, for the Corporation: Provided, That 

16 none of the funds available to the Corporation for fiscal 

17 year 2019 shall be available for obligations for administra18 tive expenses in excess of $445,363,000: Provided further, 

19 That to the extent that the number of new plan partici20 pants in plans terminated by the Corporation exceeds 

21 100,000 in fiscal year 2019, an amount not to exceed an 

22 additional $9,200,000 shall be available through Sep23 tember 30, 2020, for obligation for administrative ex24 penses for every 20,000 additional terminated partici25 pants: Provided further, That obligations in excess of the 

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1 amounts provided in this paragraph may be incurred for 

2 unforeseen and extraordinary pretermination expenses or 

3 extraordinary multiemployer program related expenses 

4 after approval by the Office of Management and Budget 

5 and notification of the Committees on Appropriations of 

6 the House of Representatives and the Senate: Provided 

7 further, That an additional amount shall be available for 

8 obligation through September 30, 2020 to the extent the 

9 Corporation’s costs exceed $250,000 for the provision of 

10 credit or identity monitoring to affected individuals upon 

11 suffering a security incident or privacy breach, not to ex12 ceed an additional $100 per affected individual. 

13 WAGE AND HOUR DIVISION

14 SALARIES AND EXPENSES

15 For necessary expenses for the Wage and Hour Divi16 sion, including reimbursement to State, Federal, and local 

17 agencies and their employees for inspection services ren18 dered, $229,000,000. 

19 OFFICE OF LABOR-MANAGEMENT STANDARDS

20 SALARIES AND EXPENSES

21 For necessary expenses for the Office of Labor-Man22 agement Standards, $41,187,000. 

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1 OFFICE OF FEDERAL CONTRACT COMPLIANCE

2 PROGRAMS

3 SALARIES AND EXPENSES

4 For necessary expenses for the Office of Federal Con5 tract Compliance Programs, $103,476,000. 

6 OFFICE OF WORKERS’ COMPENSATION PROGRAMS

7 SALARIES AND EXPENSES

8 For necessary expenses for the Office of Workers’ 

9 Compensation Programs, $115,424,000, together with 

10 $2,177,000 which may be expended from the Special Fund 

11 in accordance with sections 39(c), 44(d), and 44(j) of the 

12 Longshore and Harbor Workers’ Compensation Act. 

13 SPECIAL BENEFITS

14 (INCLUDING TRANSFER OF FUNDS)

15 For the payment of compensation, benefits, and ex16 penses (except administrative expenses) accruing during 

17 the current or any prior fiscal year authorized by 5 U.S.C. 

18 81; continuation of benefits as provided for under the 

19 heading ‘‘Civilian War Benefits’’ in the Federal Security 

20 Agency Appropriation Act, 1947; the Employees’ Com21 pensation Commission Appropriation Act, 1944; section 

22 5(f) of the War Claims Act (50 U.S.C. App. 2012); obliga23 tions incurred under the War Hazards Compensation Act 

24 (42 U.S.C. 1701 et seq.); and 50 percent of the additional 

25 compensation and benefits required by section 10(h) of the 

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1 Longshore and Harbor Workers’ Compensation Act, 

2 $230,000,000, together with such amounts as may be nec3 essary to be charged to the subsequent year appropriation 

4 for the payment of compensation and other benefits for 

5 any period subsequent to August 15 of the current year, 

6 for deposit into and to assume the attributes of the Em7 ployees’ Compensation Fund established under 5 U.S.C. 

8 8147(a): Provided, That amounts appropriated may be 

9 used under 5 U.S.C. 8104 by the Secretary to reimburse 

10 an employer, who is not the employer at the time of injury, 

11 for portions of the salary of a re-employed, disabled bene12 ficiary: Provided further, That balances of reimbursements 

13 unobligated on September 30, 2018, shall remain available 

14 until expended for the payment of compensation, benefits, 

15 and expenses: Provided further, That in addition there 

16 shall be transferred to this appropriation from the Postal 

17 Service and from any other corporation or instrumentality 

18 required under 5 U.S.C. 8147(c) to pay an amount for 

19 its fair share of the cost of administration, such sums as 

20 the Secretary determines to be the cost of administration 

21 for employees of such fair share entities through Sep22 tember 30, 2019: Provided further, That of those funds 

23 transferred to this account from the fair share entities to 

24 pay the cost of administration of the Federal Employees’ 

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1 Compensation Act, $74,777,000 shall be made available 

2 to the Secretary as follows: 

3 (1) For enhancement and maintenance of auto4 mated data processing systems operations and tele5 communications systems, $24,540,000; 

6 (2) For automated workload processing oper7 ations, including document imaging, centralized mail 

8 intake, and medical bill processing, $22,968,000; 

9 (3) For periodic roll disability management and 

10 medical review, $25,535,000; 

11 (4) For program integrity, $1,734,000; and 

12 (5) The remaining funds shall be paid into the 

13 Treasury as miscellaneous receipts: 

14 Provided further, That the Secretary may require that any 

15 person filing a notice of injury or a claim for benefits 

16 under 5 U.S.C. 81, or the Longshore and Harbor Work17 ers’ Compensation Act, provide as part of such notice and 

18 claim, such identifying information (including Social Secu19 rity account number) as such regulations may prescribe. 

20 SPECIAL BENEFITS FOR DISABLED COAL MINERS

21 For carrying out title IV of the Federal Mine Safety 

22 and Health Act of 1977, as amended by Public Law 107– 

23 275, $10,319,000, to remain available until expended. 

24 For making after July 31 of the current fiscal year, 

25 benefit payments to individuals under title IV of such Act, 

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1 for costs incurred in the current fiscal year, such amounts 

2 as may be necessary. 

3 For making benefit payments under title IV for the 

4 first quarter of fiscal year 2020, $14,000,000, to remain 

5 available until expended. 

6 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES

7 OCCUPATIONAL ILLNESS COMPENSATION FUND

8 For necessary expenses to administer the Energy 

9 Employees Occupational Illness Compensation Program 

10 Act, $59,098,000, to remain available until expended: Pro11 vided, That the Secretary may require that any person fil12 ing a claim for benefits under the Act provide as part of 

13 such claim such identifying information (including Social 

14 Security account number) as may be prescribed. 

15 BLACK LUNG DISABILITY TRUST FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 Such sums as may be necessary from the Black Lung 

18 Disability Trust Fund (the ‘‘Fund’’), to remain available 

19 until expended, for payment of all benefits authorized by 

20 section 9501(d)(1), (2), (6), and (7) of the Internal Rev21 enue Code of 1986; and repayment of, and payment of 

22 interest on advances, as authorized by section 9501(d)(4) 

23 of that Act. In addition, the following amounts may be 

24 expended from the Fund for fiscal year 2019 for expenses 

25 of operation and administration of the Black Lung BeneSeptember 12, 2018 (9:18 p.m.)
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1 fits program, as authorized by section 9501(d)(5): not to 

2 exceed $38,246,000 for transfer to the Office of Workers’ 

3 Compensation Programs, ‘‘Salaries and Expenses’’; not to 

4 exceed $31,994,000 for transfer to Departmental Manage5 ment, ‘‘Salaries and Expenses’’; not to exceed $330,000 

6 for transfer to Departmental Management, ‘‘Office of In7 spector General’’; and not to exceed $356,000 for pay8 ments into miscellaneous receipts for the expenses of the 

9 Department of the Treasury. 

10 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

11 SALARIES AND EXPENSES

12 For necessary expenses for the Occupational Safety 

13 and Health Administration, $557,787,000, including not 

14 to exceed $102,350,000 which shall be the maximum 

15 amount available for grants to States under section 23(g) 

16 of the Occupational Safety and Health Act (the ‘‘Act’’), 

17 which grants shall be no less than 50 percent of the costs 

18 of State occupational safety and health programs required 

19 to be incurred under plans approved by the Secretary 

20 under section 18 of the Act; and, in addition, notwith21 standing 31 U.S.C. 3302, the Occupational Safety and 

22 Health Administration may retain up to $499,000 per fis23 cal year of training institute course tuition and fees, other24 wise authorized by law to be collected, and may utilize 

25 such sums for occupational safety and health training and 

September 12, 2018 (9:18 p.m.)
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1 education: Provided, That notwithstanding 31 U.S.C. 

2 3302, the Secretary is authorized, during the fiscal year 

3 ending September 30, 2019, to collect and retain fees for 

4 services provided to Nationally Recognized Testing Lab5 oratories, and may utilize such sums, in accordance with 

6 the provisions of 29 U.S.C. 9a, to administer national and 

7 international laboratory recognition programs that ensure 

8 the safety of equipment and products used by workers in 

9 the workplace: Provided further, That none of the funds 

10 appropriated under this paragraph shall be obligated or 

11 expended to prescribe, issue, administer, or enforce any 

12 standard, rule, regulation, or order under the Act which 

13 is applicable to any person who is engaged in a farming 

14 operation which does not maintain a temporary labor 

15 camp and employs 10 or fewer employees: Provided fur16 ther, That no funds appropriated under this paragraph 

17 shall be obligated or expended to administer or enforce 

18 any standard, rule, regulation, or order under the Act with 

19 respect to any employer of 10 or fewer employees who is 

20 included within a category having a Days Away, Re21 stricted, or Transferred (‘‘DART’’) occupational injury 

22 and illness rate, at the most precise industrial classifica23 tion code for which such data are published, less than the 

24 national average rate as such rates are most recently pub25 lished by the Secretary, acting through the Bureau of 

September 12, 2018 (9:18 p.m.)
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1 Labor Statistics, in accordance with section 24 of the Act, 

2 except— 

3 (1) to provide, as authorized by the Act, con4 sultation, technical assistance, educational and train5 ing services, and to conduct surveys and studies; 

6 (2) to conduct an inspection or investigation in 

7 response to an employee complaint, to issue a cita8 tion for violations found during such inspection, and 

9 to assess a penalty for violations which are not cor10 rected within a reasonable abatement period and for 

11 any willful violations found; 

12 (3) to take any action authorized by the Act 

13 with respect to imminent dangers; 

14 (4) to take any action authorized by the Act 

15 with respect to health hazards; 

16 (5) to take any action authorized by the Act 

17 with respect to a report of an employment accident 

18 which is fatal to one or more employees or which re19 sults in hospitalization of two or more employees, 

20 and to take any action pursuant to such investiga21 tion authorized by the Act; and 

22 (6) to take any action authorized by the Act 

23 with respect to complaints of discrimination against 

24 employees for exercising rights under the Act: 

September 12, 2018 (9:18 p.m.)
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1 Provided further, That the foregoing proviso shall not 

2 apply to any person who is engaged in a farming operation 

3 which does not maintain a temporary labor camp and em4 ploys 10 or fewer employees: Provided further, That 

5 $10,537,000 shall be available for Susan Harwood train6 ing grants, of which the Secretary shall reserve not less 

7 than $4,500,000 for Susan Harwood Training Capacity 

8 Building Developmental grants, as described in Funding 

9 Opportunity Number SHTG–FY–16–02 (referenced in 

10 the notice of availability of funds published in the Federal 

11 Register on May 3, 2016 (81 Fed. Reg. 30568)) for pro12 gram activities starting not later than September 30, 2019 

13 and lasting for a period of 12 months: Provided further, 

14 That not less than $3,500,000 shall be for Voluntary Pro15 tection Programs. 

16 MINE SAFETY AND HEALTH ADMINISTRATION

17 SALARIES AND EXPENSES

18 For necessary expenses for the Mine Safety and 

19 Health Administration, $373,816,000, including purchase 

20 and bestowal of certificates and trophies in connection 

21 with mine rescue and first-aid work, and the hire of pas22 senger motor vehicles, including up to $2,000,000 for 

23 mine rescue and recovery activities and not less than 

24 $10,537,000 for State assistance grants: Provided, That 

25 amounts available for State assistance grants may be used 

September 12, 2018 (9:18 p.m.)
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1 for the purchase and maintenance of new equipment re2 quired by the final rule entitled ‘‘Lowering Miners’ Expo3 sure to Respirable Coal Mine Dust, Including Continuous 

4 Personal Dust Monitors’’ published by the Department of 

5 Labor in the Federal Register on May 1, 2014 (79 Fed. 

6 Reg. 24813 et seq.), for operators that demonstrate finan7 cial need as determined by the Secretary: Provided further, 

8 That notwithstanding 31 U.S.C. 3302, not to exceed 

9 $750,000 may be collected by the National Mine Health 

10 and Safety Academy for room, board, tuition, and the sale 

11 of training materials, otherwise authorized by law to be 

12 collected, to be available for mine safety and health edu13 cation and training activities: Provided further, That not14 withstanding 31 U.S.C. 3302, the Mine Safety and Health 

15 Administration is authorized to collect and retain up to 

16 $2,499,000 from fees collected for the approval and cer17 tification of equipment, materials, and explosives for use 

18 in mines, and may utilize such sums for such activities: 

19 Provided further, That the Secretary is authorized to ac20 cept lands, buildings, equipment, and other contributions 

21 from public and private sources and to prosecute projects 

22 in cooperation with other agencies, Federal, State, or pri23 vate: Provided further, That the Mine Safety and Health 

24 Administration is authorized to promote health and safety 

25 education and training in the mining community through 

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1 cooperative programs with States, industry, and safety as2 sociations: Provided further, That the Secretary is author3 ized to recognize the Joseph A. Holmes Safety Association 

4 as a principal safety association and, notwithstanding any 

5 other provision of law, may provide funds and, with or 

6 without reimbursement, personnel, including service of 

7 Mine Safety and Health Administration officials as offi8 cers in local chapters or in the national organization: Pro9 vided further, That any funds available to the Department 

10 of Labor may be used, with the approval of the Secretary, 

11 to provide for the costs of mine rescue and survival oper12 ations in the event of a major disaster. 

13 BUREAU OF LABOR STATISTICS

14 SALARIES AND EXPENSES

15 For necessary expenses for the Bureau of Labor Sta16 tistics, including advances or reimbursements to State, 

17 Federal, and local agencies and their employees for serv18 ices rendered, $550,000,000, together with not to exceed 

19 $65,000,000 which may be expended from the Employ20 ment Security Administration account in the Unemploy21 ment Trust Fund. 

22 OFFICE OF DISABILITY EMPLOYMENT POLICY

23 SALARIES AND EXPENSES

24 For necessary expenses for the Office of Disability 

25 Employment Policy to provide leadership, develop policy 

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1 and initiatives, and award grants furthering the objective 

2 of eliminating barriers to the training and employment of 

3 people with disabilities, $38,203,000. 

4 DEPARTMENTAL MANAGEMENT

5 SALARIES AND EXPENSES

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses for Departmental Manage8 ment, including the hire of three passenger motor vehicles, 

9 $337,756,000, together with not to exceed $308,000, 

10 which may be expended from the Employment Security 

11 Administration account in the Unemployment Trust 

12 Fund: Provided, That $59,825,000 for the Bureau of 

13 International Labor Affairs shall be available for obliga14 tion through December 31, 2019: Provided further, That 

15 funds available to the Bureau of International Labor Af16 fairs may be used to administer or operate international 

17 labor activities, bilateral and multilateral technical assist18 ance, and microfinance programs, by or through contracts, 

19 grants, subgrants and other arrangements: Provided fur20 ther, That not more than $53,825,000 shall be for pro21 grams to combat exploitative child labor internationally 

22 and not less than $6,000,000 shall be used to implement 

23 model programs that address worker rights issues through 

24 technical assistance in countries with which the United 

25 States has free trade agreements or trade preference proSeptember 12, 2018 (9:18 p.m.)
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1 grams: Provided further, That $8,040,000 shall be used 

2 for program evaluation and shall be available for obliga3 tion through September 30, 2020: Provided further, That 

4 funds available for program evaluation may be used to ad5 minister grants for the purpose of evaluation: Provided 

6 further, That grants made for the purpose of evaluation 

7 shall be awarded through fair and open competition: Pro8 vided further, That funds available for program evaluation 

9 may be transferred to any other appropriate account in 

10 the Department for such purpose: Provided further, That 

11 the Committees on Appropriations of the House of Rep12 resentatives and the Senate are notified at least 15 days 

13 in advance of any transfer: Provided further, That the 

14 funds available to the Women’s Bureau may be used for 

15 grants to serve and promote the interests of women in the 

16 workforce: Provided further, That of the amounts made 

17 available to the Women’s Bureau, not less than $994,000 

18 shall be used for grants authorized by the Women in Ap19 prenticeship and Nontraditional Occupations Act. 

20 VETERANS EMPLOYMENT AND TRAINING

21 Not to exceed $250,041,000 may be derived from the 

22 Employment Security Administration account in the Un23 employment Trust Fund to carry out the provisions of 

24 chapters 41, 42, and 43 of title 38, United States Code, 

25 of which: 

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1 (1) $180,000,000 is for Jobs for Veterans State 

2 grants under 38 U.S.C. 4102A(b)(5) to support dis3 abled veterans’ outreach program specialists under 

4 section 4103A of such title and local veterans’ em5 ployment representatives under section 4104(b) of 

6 such title, and for the expenses described in section 

7 4102A(b)(5)(C), which shall be available for obliga8 tion by the States through December 31, 2019, and 

9 not to exceed 3 percent for the necessary Federal ex10 penditures for data systems and contract support to 

11 allow for the tracking of participant and perform12 ance information: Provided, That, in addition, such 

13 funds may be used to support such specialists and 

14 representatives in the provision of services to 

15 transitioning members of the Armed Forces who 

16 have participated in the Transition Assistance Pro17 gram and have been identified as in need of inten18 sive services, to members of the Armed Forces who 

19 are wounded, ill, or injured and receiving treatment 

20 in military treatment facilities or warrior transition 

21 units, and to the spouses or other family caregivers 

22 of such wounded, ill, or injured members; 

23 (2) $23,379,000 is for carrying out the Transi24 tion Assistance Program under 38 U.S.C. 4113 and 

25 10 U.S.C. 1144: Provided, That not more than 

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1 $3,500,000 shall be used by the Secretary, in con2 sultation with the Secretary of Defense and the Sec3 retary of the Veterans Affairs, to carry out a pilot 

4 project designed to prepare transitioning service 

5 members to qualify for, and to assist in placing 

6 them in, apprenticeship programs, as an additional 

7 training opportunity under subsection (f) of 10 

8 U.S.C. 1144, including the costs of federal adminis9 tration and evaluation of such pilot, and that the 

10 funds shall remain available for the pilot through 

11 September 30, 2020; 

12 (3) $43,248,000 is for Federal administration 

13 of chapters 41, 42, and 43 of title 38, and sections 

14 2021, 2021A and 2023 of title 38, United States 

15 Code: Provided, That, up to $500,000 may be used 

16 to carry out the Hire VETS Act (division O of Pub17 lic Law 115–31); and 

18 (4) $3,414,000 is for the National Veterans’ 

19 Employment and Training Services Institute under 

20 38 U.S.C. 4109: 

21 Provided, That the Secretary may reallocate among the 

22 appropriations provided under paragraphs (1) through (4) 

23 above an amount not to exceed 3 percent of the appropria24 tion from which such reallocation is made. 

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1 In addition, from the General Fund of the Treasury, 

2 $50,000,000 is for carrying out programs to assist home3 less veterans and veterans at risk of homelessness who are 

4 transitioning from certain institutions under sections 

5 2021, 2021A, and 2023 of title 38, United States Code: 

6 Provided, That notwithstanding subsections (c)(3) and (d) 

7 of section 2023, the Secretary may award grants through 

8 September 30, 2019, to provide services under such sec9 tion: Provided further, That services provided under sec10 tions 2021 or under 2021A may include, in addition to 

11 services to homeless veterans described in section 

12 2002(a)(1), services to veterans who were homeless at 

13 some point within the 60 days prior to program entry or 

14 veterans who are at risk of homelessness within the next 

15 60 days, and that services provided under section 2023 

16 may include, in addition to services to the individuals de17 scribed in subsection (e) of such section, services to vet18 erans recently released from incarceration who are at risk 

19 of homelessness: Provided further, That notwithstanding 

20 paragraph (3) under this heading, funds appropriated in 

21 this paragraph may be used for data systems and contract 

22 support to allow for the tracking of participant and per23 formance information: Provided further, That notwith24 standing sections 2021(e)(2) and 2021A(f)(2) of title 38, 

September 12, 2018 (9:18 p.m.)
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1 United States Code, such funds shall be available for ex2 penditure pursuant to 31 U.S.C. 1553. 

3 In addition, fees may be assessed and deposited in 

4 the HIRE Vets Medallion Award Fund pursuant to sec5 tion 5(b) of the HIRE Vets Act, and such amounts shall 

6 be available to the Secretary to carry out the HIRE Vets 

7 Medallion Award Program, as authorized by such Act, and 

8 shall remain available until expended: Provided, That such 

9 sums shall be in addition to any other funds available for 

10 such purposes, including funds available under paragraph 

11 (3) of this heading: Provided further, That section 2(d) 

12 of division O of the Consolidated Appropriations Act, 2017 

13 (Public Law 115–31; 38 U.S.C. 4100 note) shall not 

14 apply. 

15 IT MODERNIZATION

16 For necessary expenses for Department of Labor cen17 tralized infrastructure technology investment activities re18 lated to support systems and modernization, $23,269,000, 

19 which shall be available through September 30, 2020. 

20 OFFICE OF INSPECTOR GENERAL

21 For salaries and expenses of the Office of Inspector 

22 General in carrying out the provisions of the Inspector 

23 General Act of 1978, $83,487,000, together with not to 

24 exceed $5,660,000 which may be expended from the EmSeptember 12, 2018 (9:18 p.m.)
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1 ployment Security Administration account in the Unem2 ployment Trust Fund. 

3 GENERAL PROVISIONS

4 SEC. 101. None of the funds appropriated by this Act 

5 for the Job Corps shall be used to pay the salary and bo6 nuses of an individual, either as direct costs or any prora7 tion as an indirect cost, at a rate in excess of Executive 

8 Level II. 

9 (TRANSFER OF FUNDS)

10 SEC. 102. Not to exceed 1 percent of any discre11 tionary funds (pursuant to the Balanced Budget and 

12 Emergency Deficit Control Act of 1985) which are appro13 priated for the current fiscal year for the Department of 

14 Labor in this Act may be transferred between a program, 

15 project, or activity, but no such program, project, or activ16 ity shall be increased by more than 3 percent by any such 

17 transfer: Provided, That the transfer authority granted by 

18 this section shall not be used to create any new program 

19 or to fund any project or activity for which no funds are 

20 provided in this Act: Provided further, That the Commit21 tees on Appropriations of the House of Representatives 

22 and the Senate are notified at least 15 days in advance 

23 of any transfer. 

24 SEC. 103. In accordance with Executive Order 

25 13126, none of the funds appropriated or otherwise made 

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1 available pursuant to this Act shall be obligated or ex2 pended for the procurement of goods mined, produced, 

3 manufactured, or harvested or services rendered, in whole 

4 or in part, by forced or indentured child labor in industries 

5 and host countries already identified by the United States 

6 Department of Labor prior to enactment of this Act. 

7 SEC. 104. Except as otherwise provided in this sec8 tion, none of the funds made available to the Department 

9 of Labor for grants under section 414(c) of the American 

10 Competitiveness and Workforce Improvement Act of 1998 

11 (29 U.S.C. 2916a) may be used for any purpose other 

12 than competitive grants for training individuals who are 

13 older than 16 years of age and are not currently enrolled 

14 in school within a local educational agency in the occupa15 tions and industries for which employers are using H–1B 

16 visas to hire foreign workers, and the related activities 

17 necessary to support such training. 

18 SEC. 105. None of the funds made available by this 

19 Act under the heading ‘‘Employment and Training Ad20 ministration’’ shall be used by a recipient or subrecipient 

21 of such funds to pay the salary and bonuses of an indi22 vidual, either as direct costs or indirect costs, at a rate 

23 in excess of Executive Level II. This limitation shall not 

24 apply to vendors providing goods and services as defined 

25 in Office of Management and Budget Circular A–133. 

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1 Where States are recipients of such funds, States may es2 tablish a lower limit for salaries and bonuses of those re3 ceiving salaries and bonuses from subrecipients of such 

4 funds, taking into account factors including the relative 

5 cost-of-living in the State, the compensation levels for 

6 comparable State or local government employees, and the 

7 size of the organizations that administer Federal pro8 grams involved including Employment and Training Ad9 ministration programs. 

10 (TRANSFER OF FUNDS)

11 SEC. 106. (a) Notwithstanding section 102, the Sec12 retary may transfer funds made available to the Employ13 ment and Training Administration by this Act, either di14 rectly or through a set-aside, for technical assistance serv15 ices to grantees to ‘‘Program Administration’’ when it is 

16 determined that those services will be more efficiently per17 formed by Federal employees: Provided, That this section 

18 shall not apply to section 171 of the WIOA. 

19 (b) Notwithstanding section 102, the Secretary may 

20 transfer not more than 0.5 percent of each discretionary 

21 appropriation made available to the Employment and 

22 Training Administration by this Act to ‘‘Program Admin23 istration’’ in order to carry out program integrity activities 

24 relating to any of the programs or activities that are fund25 ed under any such discretionary appropriations: Provided, 

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1 That notwithstanding section 102 and the preceding pro2 viso, the Secretary may transfer not more than 0.5 percent 

3 of funds made available in paragraphs (1) and (2) of the 

4 ‘‘Office of Job Corps’’ account to paragraph (3) of such 

5 account to carry out program integrity activities related 

6 to the Job Corps program: Provided further, That funds 

7 transferred under the authority provided by this sub8 section shall be available for obligation through September 

9 30, 2020. 

10 (TRANSFER OF FUNDS)

11 SEC. 107. (a) The Secretary may reserve not more 

12 than 0.75 percent from each appropriation made available 

13 in this Act identified in subsection (b) in order to carry 

14 out evaluations of any of the programs or activities that 

15 are funded under such accounts. Any funds reserved under 

16 this section shall be transferred to ‘‘Departmental Man17 agement’’ for use by the Office of the Chief Evaluation 

18 Officer within the Department of Labor, and shall be 

19 available for obligation through September 30, 2020: Pro20 vided, That such funds shall only be available if the Chief 

21 Evaluation Officer of the Department of Labor submits 

22 a plan to the Committees on Appropriations of the House 

23 of Representatives and the Senate describing the evalua24 tions to be carried out 15 days in advance of any transfer. 

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1 (b) The accounts referred to in subsection (a) are: 

2 ‘‘Training and Employment Services’’, ‘‘Job Corps’’, 

3 ‘‘Community Service Employment for Older Americans’’, 

4 ‘‘State Unemployment Insurance and Employment Service 

5 Operations’’, ‘‘Employee Benefits Security Administra6 tion’’, ‘‘Office of Workers’ Compensation Programs’’, 

7 ‘‘Wage and Hour Division’’, ‘‘Office of Federal Contract 

8 Compliance Programs’’, ‘‘Office of Labor Management 

9 Standards’’, ‘‘Occupational Safety and Health Adminis10 tration’’, ‘‘Mine Safety and Health Administration’’, ‘‘Of11 fice of Disability Employment Policy’’, funding made 

12 available to the ‘‘Bureau of International Labor Affairs’’ 

13 and ‘‘Women’s Bureau’’ within the ‘‘Departmental Man14 agement, Salaries and Expenses’’ account, and ‘‘Veterans 

15 Employment and Training’’. 

16 SEC. 108. (a) Section 7 of the Fair Labor Standards 

17 Act of 1938 (29 U.S.C. 207) shall be applied as if the 

18 following text is part of such section: 

19 ‘‘(s)(1) The provisions of this section shall not apply 

20 for a period of 2 years after the occurrence of a major 

21 disaster to any employee— 

22 ‘‘(A) employed to adjust or evaluate claims re23 sulting from or relating to such major disaster, by 

24 an employer not engaged, directly or through an af25 filiate, in underwriting, selling, or marketing propSeptember 12, 2018 (9:18 p.m.)
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1 erty, casualty, or liability insurance policies or con2 tracts; 

3 ‘‘(B) who receives from such employer on aver4 age weekly compensation of not less than $591.00 

5 per week or any minimum weekly amount estab6 lished by the Secretary, whichever is greater, for the 

7 number of weeks such employee is engaged in any 

8 of the activities described in subparagraph (C); and 

9 ‘‘(C) whose duties include any of the following: 

10 ‘‘(i) interviewing insured individuals, indi11 viduals who suffered injuries or other damages 

12 or losses arising from or relating to a disaster, 

13 witnesses, or physicians; 

14 ‘‘(ii) inspecting property damage or review15 ing factual information to prepare damage esti16 mates; 

17 ‘‘(iii) evaluating and making recommenda18 tions regarding coverage or compensability of 

19 claims or determining liability or value aspects 

20 of claims; 

21 ‘‘(iv) negotiating settlements; or 

22 ‘‘(v) making recommendations regarding 

23 litigation. 

24 ‘‘(2) The exemption in this subsection shall not affect 

25 the exemption provided by section 13(a)(1). 

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1 ‘‘(3) For purposes of this subsection— 

2 ‘‘(A) the term ‘major disaster’ means any dis3 aster or catastrophe declared or designated by any 

4 State or Federal agency or department; 

5 ‘‘(B) the term ‘employee employed to adjust or 

6 evaluate claims resulting from or relating to such 

7 major disaster’ means an individual who timely se8 cured or secures a license required by applicable law 

9 to engage in and perform the activities described in 

10 clauses (i) through (v) of paragraph (1)(C) relating 

11 to a major disaster, and is employed by an employer 

12 that maintains worker compensation insurance cov13 erage or protection for its employees, if required by 

14 applicable law, and withholds applicable Federal, 

15 State, and local income and payroll taxes from the 

16 wages, salaries and any benefits of such employees; 

17 and 

18 ‘‘(C) the term ‘affiliate’ means a company that, 

19 by reason of ownership or control of 25 percent or 

20 more of the outstanding shares of any class of voting 

21 securities of one or more companies, directly or indi22 rectly, controls, is controlled by, or is under common 

23 control with, another company.’’. 

24 (b) This section shall be effective on the date of en25 actment of this Act. 

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1 (RESCISSION)

2 SEC. 109. Of the funds made available under the 

3 heading ‘‘Employment and Training Administration– 

4 Training and Employment Services’’ in division H of Pub5 lic Law 115–141, $53,000,000 is rescinded, to be derived 

6 from the amount made available in paragraph (2)(A) 

7 under such heading for the period October 1, 2018, 

8 through September 30, 2019. 

9 SEC. 110. (a) FLEXIBILITY WITH RESPECT TO THE

10 CROSSING OF H–2B NONIMMIGRANTS WORKING IN THE

11 SEAFOOD INDUSTRY.— 

12 (1) IN GENERAL.—Subject to paragraph (2), if 

13 a petition for H–2B nonimmigrants filed by an em14 ployer in the seafood industry is granted, the em15 ployer may bring the nonimmigrants described in 

16 the petition into the United States at any time dur17 ing the 120-day period beginning on the start date 

18 for which the employer is seeking the services of the 

19 nonimmigrants without filing another petition. 

20 (2) REQUIREMENTS FOR CROSSINGS AFTER

21 90TH DAY.—An employer in the seafood industry 

22 may not bring H–2B nonimmigrants into the United 

23 States after the date that is 90 days after the start 

24 date for which the employer is seeking the services 

25 of the nonimmigrants unless the employer— 

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1 (A) completes a new assessment of the 

2 local labor market by— 

3 (i) listing job orders in local news4 papers on 2 separate Sundays; and 

5 (ii) posting the job opportunity on the 

6 appropriate Department of Labor Elec7 tronic Job Registry and at the employer’s 

8 place of employment; and 

9 (B) offers the job to an equally or better 

10 qualified United States worker who— 

11 (i) applies for the job; and 

12 (ii) will be available at the time and 

13 place of need. 

14 (3) EXEMPTION FROM RULES WITH RESPECT

15 TO STAGGERING.—The Secretary of Labor shall not 

16 consider an employer in the seafood industry who 

17 brings H–2B nonimmigrants into the United States 

18 during the 120-day period specified in paragraph (1) 

19 to be staggering the date of need in violation of sec20 tion 655.20(d) of title 20, Code of Federal Regula21 tions, or any other applicable provision of law. 

22 (b) H–2B NONIMMIGRANTS DEFINED.—In this sec23 tion, the term ‘‘H–2B nonimmigrants’’ means aliens ad24 mitted to the United States pursuant to section 

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1 101(a)(15)(H)(ii)(B) of the Immigration and Nationality 

2 Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)). 

3 SEC. 111. The determination of prevailing wage for 

4 the purposes of the H–2B program shall be the greater 

5 of—(1) the actual wage level paid by the employer to other 

6 employees with similar experience and qualifications for 

7 such position in the same location; or (2) the prevailing 

8 wage level for the occupational classification of the posi9 tion in the geographic area in which the H–2B non10 immigrant will be employed, based on the best information 

11 available at the time of filing the petition. In the deter12 mination of prevailing wage for the purposes of the H– 

13 2B program, the Secretary shall accept private wage sur14 veys even in instances where Occupational Employment 

15 Statistics survey data are available unless the Secretary 

16 determines that the methodology and data in the provided 

17 survey are not statistically supported. 

18 SEC. 112. None of the funds in this Act shall be used 

19 to enforce the definition of corresponding employment 

20 found in 20 CFR 655.5 or the three-fourths guarantee 

21 rule definition found in 20 CFR 655.20, or any references 

22 thereto. Further, for the purpose of regulating admission 

23 of temporary workers under the H–2B program, the defi24 nition of temporary need shall be that provided in 8 CFR 

25 214.2(h)(6)(ii)(B). 

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1 SEC. 113. Notwithstanding any other provision of 

2 law, the Secretary may furnish through grants, coopera3 tive agreements, contracts, and other arrangements, up to 

4 $2,000,000 of excess personal property to apprenticeship 

5 programs for the purpose of training apprentices in those 

6 programs. 

7 SEC. 114. The proviso at the end of paragraph (1) 

8 under the heading ‘‘Department of Labor—Employment 

9 and Training Administration—State Unemployment In10 surance and Employment Service Operations’’ in title I 

11 of division G of Public Law 113–235 is amended by strik12 ing ‘‘six’’ and inserting ‘‘seven’’. 

13 SEC. 115. (a) The Act entitled ‘‘An Act to create a 

14 Department of Labor’’, approved March 4, 1913 (37 Stat. 

15 736, chapter 141) shall be applied as if the following text 

16 is part of such Act: 

17 ‘‘SEC. 12. SECURITY DETAIL. 

18 ‘‘(a) IN GENERAL.—The Secretary of Labor is au19 thorized to employ law enforcement officers or special 

20 agents to— 

21 ‘‘(1) provide protection for the Secretary of 

22 Labor during the workday of the Secretary and dur23 ing any activity that is preliminary or postliminary 

24 to the performance of official duties by the Sec25 retary; 

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1 ‘‘(2) provide protection, incidental to the protec2 tion provided to the Secretary, to a member of the 

3 immediate family of the Secretary who is partici4 pating in an activity or event relating to the official 

5 duties of the Secretary; 

6 ‘‘(3) provide continuous protection to the Sec7 retary (including during periods not described in 

8 paragraph (1)) and to the members of the imme9 diate family of the Secretary if there is a unique and 

10 articulable threat of physical harm, in accordance 

11 with guidelines established by the Secretary; and 

12 ‘‘(4) provide protection to the Deputy Secretary 

13 of Labor or another senior officer representing the 

14 Secretary of Labor at a public event if there is a 

15 unique and articulable threat of physical harm, in 

16 accordance with guidelines established by the Sec17 retary. 

18 ‘‘(b) AUTHORITIES.—The Secretary of Labor may 

19 authorize a law enforcement officer or special agent em20 ployed under subsection (a), for the purpose of performing 

21 the duties authorized under subsection (a), to— 

22 ‘‘(1) carry firearms; 

23 ‘‘(2) make arrests without a warrant for any of24 fense against the United States committed in the 

25 presence of such officer or special agent; 

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1 ‘‘(3) perform protective intelligence work, in2 cluding identifying and mitigating potential threats 

3 and conducting advance work to review security mat4 ters relating to sites and events; 

5 ‘‘(4) coordinate with local law enforcement 

6 agencies; and 

7 ‘‘(5) initiate criminal and other investigations 

8 into potential threats to the security of the Sec9 retary, in coordination with the Inspector General of 

10 the Department of Labor. 

11 ‘‘(c) COMPLIANCE WITH GUIDELINES.—A law en12 forcement officer or special agent employed under sub13 section (a) shall exercise any authority provided under this 

14 section in accordance with any— 

15 ‘‘(1) guidelines issued by the Attorney General; 

16 and 

17 ‘‘(2) guidelines prescribed by the Secretary of 

18 Labor.’’. 

19 (b) This section shall be effective on the date of en20 actment of this Act. 

21 SEC. 116. The Secretary is authorized to dispose of 

22 or divest, by any means the Secretary determines appro23 priate, including an agreement or partnership to construct 

24 a new Job Corps center, all or a portion of the real prop25 erty on which the Treasure Island Job Corps Center is 

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1 situated. Any sale or other disposition will not be subject 

2 to any requirement of any Federal law or regulation relat3 ing to the disposition of Federal real property, including 

4 but not limited to subchapter III of chapter 5 of title 40 

5 of the United States Code and subchapter V of chapter 

6 119 of title 42 of the United States Code. The net pro7 ceeds of such a sale shall be transferred to the Secretary, 

8 which shall be available until expended to carry out the 

9 Job Corps Program. 

10 SEC. 117. (a) The paragraph under the heading 

11 ‘‘Working Capital Fund’’ in the Department of Labor Ap12 propriations Act, 1958, Public Law 85–67, 71 Stat. 210, 

13 as amended, is further amended by striking all of the text 

14 that appears after ‘‘for expenses necessary for the mainte15 nance and operation of’’ and inserting ‘‘a comprehensive 

16 program of centralized services which the Secretary of 

17 Labor may prescribe and deem appropriate and advan18 tageous to provide on a reimbursable basis: Provided, That 

19 such Working Capital Fund may receive advances and re20 imbursements from funds available to bureaus, offices, 

21 and agencies for which such centralized services are per22 formed at rates which will return in full all expenses of 

23 operation, including reserves for accrued annual leave, 

24 workers’ compensation, depreciation of capitalized equip25 ment and amortization of human resources software and 

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1 systems (either acquired or donated): Provided further, 

2 That, through September 30, 2019, the Secretary of 

3 Labor may transfer an amount not to exceed $3,000,000 

4 from unobligated balances in the Department’s salaries 

5 and expenses accounts to the Working Capital Fund, to 

6 be merged with the Working Capital Fund and used for 

7 the acquisition of capital equipment and the improvement 

8 of financial management, information technology, infra9 structure technology investment activities related to sup10 port systems and modernization, and other support sys11 tems, and to remain available until expended: Provided 

12 further, That the Secretary of Labor may transfer to the 

13 Working Capital Fund, to remain available for obligation 

14 for five fiscal years after the fiscal year of such transfer, 

15 annually an amount not to exceed $9,000,000 from unobli16 gated balances in the Department’s salaries and expenses 

17 accounts made available in this Act and hereafter, and an18 nually an amount not to exceed $9,000,000 from unobli19 gated balances in the Department’s discretionary grants 

20 accounts made available in this Act and hereafter, for the 

21 acquisition of capital equipment and the improvement of 

22 financial management, information technology, infrastruc23 ture technology investment activities related to support 

24 systems and modernization, and other support systems: 

25 Provided further, That none of the funds transferred purSeptember 12, 2018 (9:18 p.m.)
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1 suant to the preceding proviso shall be available unless 

2 the Chief Information Officer of the Department of Labor 

3 has submitted a plan, approved by the Office of Manage4 ment and Budget, describing the amounts to be trans5 ferred by account, the planned use of funds, including de6 scriptions of projects, project status, including any sched7 uled delays and cost overruns, financial expenditures, 

8 planned activities, and expected benefits, to the Commit9 tees on Appropriations of the House of Representatives 

10 and the Senate by July 31 of the calendar year prior to 

11 the fiscal year in which the transfer will occur: Provided 

12 further, That the Working Capital Fund may receive reim13 bursements from entities or persons for use of Depart14 mental facilities, including associated utilities and security 

15 services, and such reimbursements shall be credited to and 

16 merged with the Working Capital Fund: Provided further, 

17 That pursuant to section 11319 of title 40, United States 

18 Code, the Secretary shall ensure that the Department’s 

19 Chief Information Officer shall, at a minimum, be a prin20 cipal advisor to the Secretary and a member on any board 

21 or governance structure of the Department responsible for 

22 advising and setting Department-wide information tech23 nology budgets: Provided further, That none of the funds 

24 available for information technology modernization under 

25 this section or under the heading ‘IT Modernization’ shall 

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1 be used for information technology modernization projects 

2 unless an experienced project manager, employed by the 

3 Department of Labor, is assigned oversight responsibility, 

4 including but not limited to, ensuring such projects are 

5 completed within established timeframes and budgets.’’. 

6 (b) The following provisions are repealed: 

7 (1) The heading ‘‘Working Capital Fund’’ and 

8 the paragraph thereunder in Public Law 91–204, 

9 title I, 84 Stat. 26 (1970); and 

10 (2) The heading ‘‘Working Capital Fund’’ and 

11 the paragraph thereunder in the Department of 

12 Labor, Health and Human Services, and Education, 

13 and Related Agencies Appropriations Act, 1994, 

14 Public Law 103–112, title I, 107 Stat. 1088 (1993). 

15 (RESCISSION)

16 SEC. 118. (a) That of the unobligated funds available 

17 under section 286(s)(2) of the Immigration and Nation18 ality Act (8 U.S.C. 1356(s)(2)), $8,250,000 are perma19 nently rescinded. 

20 (b) For an additional amount for ‘‘Employment and 

21 Training Administration—State Unemployment Insur22 ance and Employment Service Operations’’, $8,250,000, 

23 to remain available until September 30, 2019, for proc24 essing applications for foreign labor certifications, includ25 ing activities related to wage determinations and associSeptember 12, 2018 (9:18 p.m.)
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1 ated tasks, submitted by employers to employ non2 immigrants as described in section 6(d)(2) of the Joint 

3 Resolution entitled ‘‘A Joint Resolution to approve the 

4 ‘Covenant To Establish a Commonwealth of the Northern 

5 Mariana Islands in a Political Union with the United 

6 States of America’, and for other purposes’’, as amended 

7 by section 3 of the Northern Mariana Islands U.S. Work8 force Act of 2018 (Public Law 115–218). 

9 This title may be cited as the ‘‘Department of Labor 

10 Appropriations Act, 2019’’. 

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1 TITLE II 

2 DEPARTMENT OF HEALTH AND HUMAN 

3 SERVICES 

4 HEALTH RESOURCES AND SERVICES ADMINISTRATION

5 PRIMARY HEALTH CARE

6 For carrying out titles II and III of the Public Health 

7 Service Act (referred to in this Act as the ‘‘PHS Act’’) 

8 with respect to primary health care and the Native Hawai9 ian Health Care Act of 1988, $1,626,522,000 (in addition 

10 to the $4,000,000,000 previously appropriated to the 

11 Community Health Center Fund for fiscal year 2019): 

12 Provided, That no more than $1,000,000 shall be available 

13 until expended for carrying out the provisions of section 

14 224(o) of the PHS Act: Provided further, That no more 

15 than $120,000,000 shall be available until expended for 

16 carrying out subsections (g) through (n) and (q) of section 

17 224 of the PHS Act, and for expenses incurred by the 

18 Department of Health and Human Services (referred to 

19 in this Act as ‘‘HHS’’) pertaining to administrative claims 

20 made under such law: Provided further, That of funds pro21 vided for the Health Centers program, as defined by sec22 tion 330 of the PHS Act, by this Act or any other Act 

23 for fiscal year 2019, not less than $200,000,000 shall be 

24 obligated in fiscal year 2019 for improving quality of care 

25 or expanded service grants under section 330 of the PHS 

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1 Act to support and enhance behavioral health, mental 

2 health, or substance use disorder services. 

3 HEALTH WORKFORCE

4 For carrying out titles III, VII, and VIII of the PHS 

5 Act with respect to the health workforce, sections 1128E 

6 and 1921 of the Social Security Act, and the Health Care 

7 Quality Improvement Act of 1986, $1,096,695,000: Pro8 vided, That sections 751(j)(2) and 762(k) of the PHS Act 

9 and the proportional funding amounts in paragraphs (1) 

10 through (4) of section 756(f) of the PHS Act shall not 

11 apply to funds made available under this heading: Pro12 vided further, That for any program operating under sec13 tion 751 of the PHS Act on or before January 1, 2009, 

14 the Secretary of Health and Human Services (referred to 

15 in this title as the ‘‘Secretary’’) may hereafter waive any 

16 of the requirements contained in sections 751(d)(2)(A) 

17 and 751(d)(2)(B) of such Act for the full project period 

18 of a grant under such section: Provided further, That no 

19 funds shall be available for section 340G–1 of the PHS 

20 Act: Provided further, That fees collected for the disclosure 

21 of information under section 427(b) of the Health Care 

22 Quality Improvement Act of 1986 and sections 

23 1128E(d)(2) and 1921 of the Social Security Act shall be 

24 sufficient to recover the full costs of operating the pro25 grams authorized by such sections and shall remain availSeptember 12, 2018 (9:18 p.m.)
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1 able until expended for the National Practitioner Data 

2 Bank: Provided further, That funds transferred to this ac3 count to carry out section 846 and subpart 3 of part D 

4 of title III of the PHS Act may be used to make prior 

5 year adjustments to awards made under such section and 

6 subpart: Provided further, That $105,000,000 shall re7 main available until expended for the purposes of pro8 viding primary health services, assigning National Health 

9 Service Corps (‘‘NHSC’’) members to expand the delivery 

10 of substance use disorder treatment services, notwith11 standing the assignment priorities and limitations under 

12 sections 333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii) of 

13 the PHS Act, and making payments under the NHSC 

14 Loan Repayment Program under section 338B of such 

15 Act: Provided further, That, in addition to amounts other16 wise made available in the previous proviso, $15,000,000 

17 shall remain available until expended for the purposes of 

18 making payments under the NHSC Loan Repayment Pro19 gram under section 338B of the PHS Act to individuals 

20 participating in such program who provide primary health 

21 services in Indian Health Service facilities, Tribally-Oper22 ated 638 Health Programs, and Urban Indian Health 

23 Programs (as those terms are defined by the Secretary), 

24 notwithstanding the assignment priorities and limitations 

25 under section 333(b) of such Act: Provided further, That 

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1 for purposes of the previous two provisos, section 

2 331(a)(3)(D) of the PHS Act shall be applied as if the 

3 term ‘‘primary health services’’ includes clinical substance 

4 use disorder treatment services, including those provided 

5 by masters level, licensed substance use disorder treat6 ment counselors. 

7 Of the funds made available under this heading, 

8 $25,000,000 shall remain available until expended for 

9 grants to public institutions of higher education to expand 

10 or support graduate education for physicians provided by 

11 such institutions: Provided, That, in awarding such 

12 grants, the Secretary shall give priority to public institu13 tions of higher education located in States with a projected 

14 primary care provider shortage in 2025, as determined by 

15 the Secretary: Provided further, That grants so awarded 

16 are limited to such public institutions of higher education 

17 in States in the top quintile of States with a projected 

18 primary care provider shortage in 2025, as determined by 

19 the Secretary: Provided further, That the minimum 

20 amount of a grant so awarded to such an institution shall 

21 be not less than $1,000,000 per year: Provided further, 

22 That such a grant may be awarded for a period not to 

23 exceed 5 years: Provided further, That such a grant award24 ed with respect to a year to such an institution shall be 

25 subject to a matching requirement of non-Federal funds 

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1 in an amount that is not less than 10 percent of the total 

2 amount of Federal funds provided in the grant to such 

3 institution with respect to such year. 

4 MATERNAL AND CHILD HEALTH

5 For carrying out titles III, XI, XII, and XIX of the 

6 PHS Act with respect to maternal and child health, title 

7 V of the Social Security Act, and section 712 of the Amer8 ican Jobs Creation Act of 2004, $926,789,000: Provided, 

9 That notwithstanding sections 502(a)(1) and 502(b)(1) of 

10 the Social Security Act, not more than $109,593,000 shall 

11 be available for carrying out special projects of regional 

12 and national significance pursuant to section 501(a)(2) of 

13 such Act and $10,276,000 shall be available for projects 

14 described in subparagraphs (A) through (F) of section 

15 501(a)(3) of such Act. 

16 RYAN WHITE HIV/AIDS PROGRAM

17 For carrying out title XXVI of the PHS Act with 

18 respect to the Ryan White HIV/AIDS program, 

19 $2,318,781,000, of which $1,970,881,000 shall remain 

20 available to the Secretary through September 30, 2021, 

21 for parts A and B of title XXVI of the PHS Act, and 

22 of which not less than $900,313,000 shall be for State 

23 AIDS Drug Assistance Programs under the authority of 

24 section 2616 or 311(c) of such Act. 

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1 HEALTH CARE SYSTEMS

2 For carrying out titles III and XII of the PHS Act 

3 with respect to health care systems, and the Stem Cell 

4 Therapeutic and Research Act of 2005, $115,193,000, of 

5 which $122,000 shall be available until expended for facili6 ties renovations at the Gillis W. Long Hansen’s Disease 

7 Center. 

8 RURAL HEALTH

9 For carrying out titles III and IV of the PHS Act 

10 with respect to rural health, section 427(a) of the Federal 

11 Coal Mine Health and Safety Act of 1969, and sections 

12 711 and 1820 of the Social Security Act, $317,794,000, 

13 of which $53,609,000 from general revenues, notwith14 standing section 1820(j) of the Social Security Act, shall 

15 be available for carrying out the Medicare rural hospital 

16 flexibility grants program: Provided, That of the funds 

17 made available under this heading for Medicare rural hos18 pital flexibility grants, $19,942,000 shall be available for 

19 the Small Rural Hospital Improvement Grant Program 

20 for quality improvement and adoption of health informa21 tion technology and up to $1,000,000 shall be to carry 

22 out section 1820(g)(6) of the Social Security Act, with 

23 funds provided for grants under section 1820(g)(6) avail24 able for the purchase and implementation of telehealth 

25 services, including pilots and demonstrations on the use 

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1 of electronic health records to coordinate rural veterans 

2 care between rural providers and the Department of Vet3 erans Affairs electronic health record system: Provided 

4 further, That notwithstanding section 338J(k) of the PHS 

5 Act, $10,000,000 shall be available for State Offices of 

6 Rural Health: Provided further, That $10,000,000 shall 

7 remain available through September 30, 2021, to support 

8 the Rural Residency Development Program: Provided fur9 ther, That $120,000,000 shall be for the Rural Commu10 nities Opioids Response Program. 

11 FAMILY PLANNING

12 For carrying out the program under title X of the 

13 PHS Act to provide for voluntary family planning 

14 projects, $286,479,000: Provided, That amounts provided 

15 to said projects under such title shall not be expended for 

16 abortions, that all pregnancy counseling shall be nondirec17 tive, and that such amounts shall not be expended for any 

18 activity (including the publication or distribution of lit19 erature) that in any way tends to promote public support 

20 or opposition to any legislative proposal or candidate for 

21 public office. 

22 PROGRAM MANAGEMENT

23 For program support in the Health Resources and 

24 Services Administration, $155,250,000: Provided, That 

25 funds made available under this heading may be used to 

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1 supplement program support funding provided under the 

2 headings ‘‘Primary Health Care’’, ‘‘Health Workforce’’, 

3 ‘‘Maternal and Child Health’’, ‘‘Ryan White HIV/AIDS 

4 Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’. 

5 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

6 For payments from the Vaccine Injury Compensation 

7 Program Trust Fund (the ‘‘Trust Fund’’), such sums as 

8 may be necessary for claims associated with vaccine-re9 lated injury or death with respect to vaccines administered 

10 after September 30, 1988, pursuant to subtitle 2 of title 

11 XXI of the PHS Act, to remain available until expended: 

12 Provided, That for necessary administrative expenses, not 

13 to exceed $9,200,000 shall be available from the Trust 

14 Fund to the Secretary. 

15 CENTERS FOR DISEASE CONTROL AND PREVENTION

16 IMMUNIZATION AND RESPIRATORY DISEASES

17 For carrying out titles II, III, XVII, and XXI, and 

18 section 2821 of the PHS Act, titles II and IV of the Immi19 gration and Nationality Act, and section 501 of the Ref20 ugee Education Assistance Act, with respect to immuniza21 tion and respiratory diseases, $477,855,000. 

22 HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED

23 DISEASES, AND TUBERCULOSIS PREVENTION

24 For carrying out titles II, III, XVII, and XXIII of 

25 the PHS Act with respect to HIV/AIDS, viral hepatitis, 

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1 sexually transmitted diseases, and tuberculosis prevention, 

2 $1,132,278,000. 

3 EMERGING AND ZOONOTIC INFECTIOUS DISEASES

4 For carrying out titles II, III, and XVII, and section 

5 2821 of the PHS Act, titles II and IV of the Immigration 

6 and Nationality Act, and section 501 of the Refugee Edu7 cation Assistance Act, with respect to emerging and 

8 zoonotic infectious diseases, $568,372,000. 

9 CHRONIC DISEASE PREVENTION AND HEALTH

10 PROMOTION

11 For carrying out titles II, III, XI, XV, XVII, and 

12 XIX of the PHS Act with respect to chronic disease pre13 vention and health promotion, $932,821,000: Provided, 

14 That funds appropriated under this account may be avail15 able for making grants under section 1509 of the PHS 

16 Act for not less than 21 States, tribes, or tribal organiza17 tions: Provided further, That of the funds made available 

18 under this heading, $15,000,000 shall be available to con19 tinue and expand community specific extension and out20 reach programs to combat obesity in counties with the 

21 highest levels of obesity: Provided further, That the pro22 portional funding requirements under section 1503(a) of 

23 the PHS Act shall not apply to funds made available 

24 under this heading. 

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1 BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, 

2 DISABILITIES AND HEALTH

3 For carrying out titles II, III, XI, and XVII of the 

4 PHS Act with respect to birth defects, developmental dis5 abilities, disabilities and health, $155,560,000. 

6 PUBLIC HEALTH SCIENTIFIC SERVICES

7 For carrying out titles II, III, and XVII of the PHS 

8 Act with respect to health statistics, surveillance, health 

9 informatics, and workforce development, $496,397,000. 

10 ENVIRONMENTAL HEALTH

11 For carrying out titles II, III, and XVII of the PHS 

12 Act with respect to environmental health, $192,350,000. 

13 INJURY PREVENTION AND CONTROL

14 For carrying out titles II, III, and XVII of the PHS 

15 Act with respect to injury prevention and control, 

16 $648,559,000. 

17 NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND

18 HEALTH

19 For carrying out titles II, III, and XVII of the PHS 

20 Act, sections 101, 102, 103, 201, 202, 203, 301, and 501 

21 of the Federal Mine Safety and Health Act, section 13 

22 of the Mine Improvement and New Emergency Response 

23 Act, and sections 20, 21, and 22 of the Occupational Safe24 ty and Health Act, with respect to occupational safety and 

25 health, $336,300,000. 

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1 ENERGY EMPLOYEES OCCUPATIONAL ILLNESS

2 COMPENSATION PROGRAM

3 For necessary expenses to administer the Energy 

4 Employees Occupational Illness Compensation Program 

5 Act, $55,358,000, to remain available until expended: Pro6 vided, That this amount shall be available consistent with 

7 the provision regarding administrative expenses in section 

8 151(b) of division B, title I of Public Law 106–554. 

9 GLOBAL HEALTH

10 For carrying out titles II, III, and XVII of the PHS 

11 Act with respect to global health, $488,621,000, of which: 

12 (1) $128,421,000 shall remain available through Sep13 tember 30, 2020 for international HIV/AIDS; and (2) 

14 $50,000,000 shall remain available through September 

15 30, 2021 for Global Disease Detection and Emergency Re16 sponse: Provided, That funds may be used for purchase 

17 and insurance of official motor vehicles in foreign coun18 tries. 

19 PUBLIC HEALTH PREPAREDNESS AND RESPONSE

20 For carrying out titles II, III, and XVII of the PHS 

21 Act with respect to public health preparedness and re22 sponse, and for expenses necessary to support activities 

23 related to countering potential biological, nuclear, radio24 logical, and chemical threats to civilian populations, 

25 $1,465,200,000, of which $610,000,000 shall remain 

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1 available until expended for the Strategic National Stock2 pile: Provided, That the Director of the Centers for Dis3 ease Control and Prevention (referred to in this title as 

4 ‘‘CDC’’) or the Administrator of the Agency for Toxic 

5 Substances and Disease Registry may detail staff without 

6 reimbursement for up to 90 days to support an activation 

7 of the CDC Emergency Operations Center, so long as the 

8 Director or Administrator, as applicable, provides a notice 

9 to the Committees on Appropriations of the House of Rep10 resentatives and the Senate within 15 days of the use of 

11 this authority and a full report within 30 days after use 

12 of this authority which includes the number of staff and 

13 funding level broken down by the originating center and 

14 number of days detailed: Provided further, That funds ap15 propriated under this heading may be used to support a 

16 contract for the operation and maintenance of an aircraft 

17 in direct support of activities throughout CDC to ensure 

18 the agency is prepared to address public health prepared19 ness emergencies. 

20 BUILDINGS AND FACILITIES

21 (INCLUDING TRANSFER OF FUNDS)

22 For acquisition of real property, equipment, construc23 tion, demolition, and renovation of facilities, $30,000,000, 

24 which shall remain available until September 30, 2023: 

25 Provided, That funds previously set-aside by CDC for reSeptember 12, 2018 (9:18 p.m.)
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1 pair and upgrade of the Lake Lynn Experimental Mine 

2 and Laboratory shall be used to acquire a replacement 

3 mine safety research facility: Provided further, That in ad4 dition, the prior year unobligated balance of any amounts 

5 assigned to former employees in accounts of CDC made 

6 available for Individual Learning Accounts shall be cred7 ited to and merged with the amounts made available under 

8 this heading to support the replacement of the mine safety 

9 research facility. 

10 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

11 For carrying out titles II, III, XVII and XIX, and 

12 section 2821 of the PHS Act and for cross-cutting activi13 ties and program support for activities funded in other 

14 appropriations included in this Act for the Centers for 

15 Disease Control and Prevention, $163,570,000, of which 

16 up to $10,000,000 may be transferred to the reserve of 

17 the Working Capital Fund authorized under this heading 

18 in division F of Public Law 112–74: Provided, That para19 graphs (1) through (3) of subsection (b) of section 2821 

20 of the PHS Act shall not apply to funds appropriated 

21 under this heading and in all other accounts of the CDC: 

22 Provided further, That employees of CDC or the Public 

23 Health Service, both civilian and commissioned officers, 

24 detailed to States, municipalities, or other organizations 

25 under authority of section 214 of the PHS Act, or in overSeptember 12, 2018 (9:18 p.m.)
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1 seas assignments, shall be treated as non-Federal employ2 ees for reporting purposes only and shall not be included 

3 within any personnel ceiling applicable to the Agency, 

4 Service, or HHS during the period of detail or assignment: 

5 Provided further, That CDC may use up to $10,000 from 

6 amounts appropriated to CDC in this Act for official re7 ception and representation expenses when specifically ap8 proved by the Director of CDC: Provided further, That in 

9 addition, such sums as may be derived from authorized 

10 user fees, which shall be credited to the appropriation 

11 charged with the cost thereof: Provided further, That with 

12 respect to the previous proviso, authorized user fees from 

13 the Vessel Sanitation Program and the Respirator Certifi14 cation Program shall be available through September 30, 

15 2020. 

16 NATIONAL INSTITUTES OF HEALTH

17 NATIONAL CANCER INSTITUTE

18 For carrying out section 301 and title IV of the PHS 

19 Act with respect to cancer, $5,743,892,000, of which up 

20 to $30,000,000 may be used for facilities repairs and im21 provements at the National Cancer Institute—Frederick 

22 Federally Funded Research and Development Center in 

23 Frederick, Maryland. 

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1 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

2 For carrying out section 301 and title IV of the PHS 

3 Act with respect to cardiovascular, lung, and blood dis4 eases, and blood and blood products, $3,488,335,000. 

5 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL

6 RESEARCH

7 For carrying out section 301 and title IV of the PHS 

8 Act with respect to dental and craniofacial diseases, 

9 $461,781,000. 

10 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND

11 KIDNEY DISEASES

12 For carrying out section 301 and title IV of the PHS 

13 Act with respect to diabetes and digestive and kidney dis14 ease, $2,029,823,000. 

15 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS

16 AND STROKE

17 For carrying out section 301 and title IV of the PHS 

18 Act with respect to neurological disorders and stroke, 

19 $2,216,913,000. 

20 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

21 DISEASES

22 For carrying out section 301 and title IV of the PHS 

23 Act with respect to allergy and infectious diseases, 

24 $5,523,324,000. 

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1 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

2 For carrying out section 301 and title IV of the PHS 

3 Act with respect to general medical sciences, 

4 $2,872,780,000, of which $1,146,821,000 shall be from 

5 funds available under section 241 of the PHS Act: Pro6 vided, That not less than $361,573,000 is provided for 

7 the Institutional Development Awards program. 

8 EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF

9 CHILD HEALTH AND HUMAN DEVELOPMENT

10 For carrying out section 301 and title IV of the PHS 

11 Act with respect to child health and human development, 

12 $1,506,458,000. 

13 NATIONAL EYE INSTITUTE

14 For carrying out section 301 and title IV of the PHS 

15 Act with respect to eye diseases and visual disorders, 

16 $796,536,000. 

17 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

18 SCIENCES

19 For carrying out section 301 and title IV of the PHS 

20 Act with respect to environmental health sciences, 

21 $774,707,000. 

22 NATIONAL INSTITUTE ON AGING

23 For carrying out section 301 and title IV of the PHS 

24 Act with respect to aging, $3,083,410,000. 

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1 NATIONAL INSTITUTE OF ARTHRITIS AND

2 MUSCULOSKELETAL AND SKIN DISEASES

3 For carrying out section 301 and title IV of the PHS 

4 Act with respect to arthritis and musculoskeletal and skin 

5 diseases, $605,065,000. 

6 NATIONAL INSTITUTE ON DEAFNESS AND OTHER

7 COMMUNICATION DISORDERS

8 For carrying out section 301 and title IV of the PHS 

9 Act with respect to deafness and other communication dis10 orders, $474,404,000. 

11 NATIONAL INSTITUTE OF NURSING RESEARCH

12 For carrying out section 301 and title IV of the PHS 

13 Act with respect to nursing research, $162,992,000. 

14 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND

15 ALCOHOLISM

16 For carrying out section 301 and title IV of the PHS 

17 Act with respect to alcohol abuse and alcoholism, 

18 $525,591,000. 

19 NATIONAL INSTITUTE ON DRUG ABUSE

20 For carrying out section 301 and title IV of the PHS 

21 Act with respect to drug abuse, $1,419,844,000. 

22 NATIONAL INSTITUTE OF MENTAL HEALTH

23 For carrying out section 301 and title IV of the PHS 

24 Act with respect to mental health, $1,812,796,000. 

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1 NATIONAL HUMAN GENOME RESEARCH INSTITUTE

2 For carrying out section 301 and title IV of the PHS 

3 Act with respect to human genome research, 

4 $575,579,000. 

5 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND

6 BIOENGINEERING

7 For carrying out section 301 and title IV of the PHS 

8 Act with respect to biomedical imaging and bioengineering 

9 research, $389,464,000. 

10 NATIONAL CENTER FOR COMPLEMENTARY AND

11 INTEGRATIVE HEALTH

12 For carrying out section 301 and title IV of the PHS 

13 Act with respect to complementary and integrative health, 

14 $146,473,000. 

15 NATIONAL INSTITUTE ON MINORITY HEALTH AND

16 HEALTH DISPARITIES

17 For carrying out section 301 and title IV of the PHS 

18 Act with respect to minority health and health disparities 

19 research, $314,679,000. 

20 JOHN E. FOGARTY INTERNATIONAL CENTER

21 For carrying out the activities of the John E. Fogarty 

22 International Center (described in subpart 2 of part E of 

23 title IV of the PHS Act), $78,109,000. 

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1 NATIONAL LIBRARY OF MEDICINE

2 For carrying out section 301 and title IV of the PHS 

3 Act with respect to health information communications, 

4 $441,997,000: Provided, That of the amounts available for 

5 improvement of information systems, $4,000,000 shall be 

6 available until September 30, 2020: Provided further, That 

7 in fiscal year 2019, the National Library of Medicine may 

8 enter into personal services contracts for the provision of 

9 services in facilities owned, operated, or constructed under 

10 the jurisdiction of the National Institutes of Health (re11 ferred to in this title as ‘‘NIH’’). 

12 NATIONAL CENTER FOR ADVANCING TRANSLATIONAL

13 SCIENCES

14 For carrying out section 301 and title IV of the PHS 

15 Act with respect to translational sciences, $806,373,000: 

16 Provided, That up to $80,000,000 shall be available to im17 plement section 480 of the PHS Act, relating to the Cures 

18 Acceleration Network: Provided further, That at least 

19 $559,736,000 is provided to the Clinical and Translational 

20 Sciences Awards program. 

21 OFFICE OF THE DIRECTOR

22 (INCLUDING TRANSFER OF FUNDS)

23 For carrying out the responsibilities of the Office of 

24 the Director, NIH, $1,909,075,000: Provided, That fund25 ing shall be available for the purchase of not to exceed 

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1 29 passenger motor vehicles for replacement only: Pro2 vided further, That all funds credited to the NIH Manage3 ment Fund shall remain available for one fiscal year after 

4 the fiscal year in which they are deposited: Provided fur5 ther, That $165,000,000 shall be for the Environmental 

6 Influences on Child Health Outcomes study: Provided fur7 ther, That $606,566,000 shall be available for the Com8 mon Fund established under section 402A(c)(1) of the 

9 PHS Act: Provided further, That of the funds provided, 

10 $10,000 shall be for official reception and representation 

11 expenses when specifically approved by the Director of the 

12 NIH: Provided further, That the Office of AIDS Research 

13 within the Office of the Director of the NIH may spend 

14 up to $8,000,000 to make grants for construction or ren15 ovation of facilities as provided for in section 

16 2354(a)(5)(B) of the PHS Act: Provided further, That 

17 $50,000,000 shall be used to carry out section 404I of 

18 the PHS Act (42 U.S.C. 283K), relating to biomedical and 

19 behavioral research facilities: Provided further, That 

20 $5,000,000 shall be transferred to and merged with the 

21 appropriation for the ‘‘Office of Inspector General’’ for 

22 oversight of grant programs and operations of the NIH, 

23 including agency efforts to ensure the integrity of its grant 

24 application evaluation and selection processes, and shall 

25 be in addition to funds otherwise made available for overSeptember 12, 2018 (9:18 p.m.)
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1 sight of the NIH: Provided further, That the funds pro2 vided in the previous proviso may be transferred from one 

3 specified activity to another with 15 days prior approval 

4 of the Committees on Appropriations of the House of Rep5 resentatives and the Senate: Provided further, That the In6 spector General shall consult with the Committees on Ap7 propriations of the House of Representatives and the Sen8 ate before submitting to the Committees an audit plan for 

9 fiscal years 2019 and 2020 no later than 30 days after 

10 the date of enactment of this Act. 

11 In addition to other funds appropriated for the Com12 mon Fund established under section 402A(c) of the PHS 

13 Act, $12,600,000 is appropriated to the Common Fund 

14 from the 10-year Pediatric Research Initiative Fund de15 scribed in section 9008 of title 26, United States Code, 

16 for the purpose of carrying out section 402(b)(7)(B)(ii) 

17 of the PHS Act (relating to pediatric research), as author18 ized in the Gabriella Miller Kids First Research Act. 

19 BUILDINGS AND FACILITIES

20 For the study of, construction of, demolition of, ren21 ovation of, and acquisition of equipment for, facilities of 

22 or used by NIH, including the acquisition of real property, 

23 $200,000,000, to remain available through September 30, 

24 2023. 

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1 NIH INNOVATION ACCOUNT, CURES ACT

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses to carry out the purposes de4 scribed in section 1001(b)(4) of the 21st Century Cures 

5 Act, in addition to amounts available for such purposes 

6 in the appropriations provided to the NIH in this Act, 

7 $711,000,000, to remain available until expended: Pro8 vided, That such amounts are appropriated pursuant to 

9 section 1001(b)(3) of such Act, are to be derived from 

10 amounts transferred under section 1001(b)(2)(A) of such 

11 Act, and may be transferred by the Director of the Na12 tional Institutes of Health to other accounts of the Na13 tional Institutes of Health solely for the purposes provided 

14 in such Act: Provided further, That upon a determination 

15 by the Director that funds transferred pursuant to the 

16 previous proviso are not necessary for the purposes pro17 vided, such amounts may be transferred back to the Ac18 count: Provided further, That the transfer authority pro19 vided under this heading is in addition to any other trans20 fer authority provided by law. 

21 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

22 ADMINISTRATION

23 MENTAL HEALTH

24 For carrying out titles III, V, and XIX of the PHS 

25 Act with respect to mental health, and the Protection and 

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1 Advocacy for Individuals with Mental Illness Act, 

2 $1,524,974,000: Provided, That of the funds made avail3 able under this heading, $63,887,000 shall be for the Na4 tional Child Traumatic Stress Initiative, of which 

5 $10,000,000 shall be awarded not later than December 

6 1, 2018, for activities described in the joint explanatory 

7 statement accompanying this Act: Provided further, That 

8 notwithstanding section 520A(f)(2) of the PHS Act, no 

9 funds appropriated for carrying out section 520A shall be 

10 available for carrying out section 1971 of the PHS Act: 

11 Provided further, That in addition to amounts provided 

12 herein, $21,039,000 shall be available under section 241 

13 of the PHS Act to carry out subpart I of part B of title 

14 XIX of the PHS Act to fund section 1920(b) technical 

15 assistance, national data, data collection and evaluation 

16 activities, and further that the total available under this 

17 Act for section 1920(b) activities shall not exceed 5 per18 cent of the amounts appropriated for subpart I of part 

19 B of title XIX: Provided further, That up to 10 percent 

20 of the amounts made available to carry out the Children’s 

21 Mental Health Services program may be used to carry out 

22 demonstration grants or contracts for early interventions 

23 with persons not more than 25 years of age at clinical 

24 high risk of developing a first episode of psychosis: Pro25 vided further, That section 520E(b)(2) of the PHS Act 

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1 shall not apply to funds appropriated in this Act for fiscal 

2 year 2019: Provided further, That States shall expend at 

3 least 10 percent of the amount each receives for carrying 

4 out section 1911 of the PHS Act to support evidence5 based programs that address the needs of individuals with 

6 early serious mental illness, including psychotic disorders, 

7 regardless of the age of the individual at onset: Provided 

8 further, That $150,000,000 shall be available until Sep9 tember 30, 2021 for grants to communities and commu10 nity organizations who meet criteria for Certified Commu11 nity Behavioral Health Clinics pursuant to section 223(a) 

12 of Public Law 113–93: Provided further, That none of the 

13 funds provided for section 1911 of the PHS Act shall be 

14 subject to section 241 of such Act: Provided further, That 

15 of the funds made available under this heading, 

16 $15,000,000 shall be to carry out section 224 of the Pro17 tecting Access to Medicare Act of 2014 (Public Law 113– 

18 93; 42 U.S.C. 290aa 22 note). 

19 SUBSTANCE ABUSE TREATMENT

20 For carrying out titles III and V of the PHS Act 

21 with respect to substance abuse treatment and title XIX 

22 of such Act with respect to substance abuse treatment and 

23 prevention, $3,737,556,000: Provided, That 

24 $1,500,000,000 shall be for State Opioid Response Grants 

25 for carrying out activities pertaining to opioids undertaken 

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1 by the State agency responsible for administering the sub2 stance abuse prevention and treatment block grant under 

3 subpart II of part B of title XIX of the PHS Act (42 

4 U.S.C. 300x–21 et seq.): Provided further, That of such 

5 amount $50,000,000 shall be made available to Indian 

6 Tribes or tribal organizations: Provided further, That 15 

7 percent of the remaining amount shall be for the States 

8 with the highest mortality rate related to opioid use dis9 orders: Provided further, That of the amounts provided for 

10 State Opioid Response Grants not more than 2 percent 

11 shall be available for Federal administrative expenses, 

12 training, technical assistance, and evaluation: Provided 

13 further, That of the amount not reserved by the previous 

14 three provisos, the Secretary shall make allocations to 

15 States, territories, and the District of Columbia according 

16 to a formula using national survey results that the Sec17 retary determines are the most objective and reliable 

18 measure of drug use and drug-related deaths: Provided 

19 further, That the Secretary shall submit the formula meth20 odology to the Committees on Appropriations of the House 

21 of Representatives and the Senate not less than 15 days 

22 prior to publishing a Funding Opportunity Announce23 ment: Provided further, That prevention and treatment ac24 tivities funded through such grants may include education, 

25 treatment (including the provision of medication), behavSeptember 12, 2018 (9:18 p.m.)
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1 ioral health services for individuals in treatment programs, 

2 referral to treatment services, recovery support, and med3 ical screening associated with such treatment: Provided 

4 further, That each State, as well as the District of Colum5 bia, shall receive not less than $4,000,000: Provided fur6 ther, That in addition to amounts provided herein, the fol7 lowing amounts shall be available under section 241 of the 

8 PHS Act: (1) $79,200,000 to carry out subpart II of part 

9 B of title XIX of the PHS Act to fund section 1935(b) 

10 technical assistance, national data, data collection and 

11 evaluation activities, and further that the total available 

12 under this Act for section 1935(b) activities shall not ex13 ceed 5 percent of the amounts appropriated for subpart 

14 II of part B of title XIX; and (2) $2,000,000 to evaluate 

15 substance abuse treatment programs: Provided further, 

16 That none of the funds provided for section 1921 of the 

17 PHS Act or State Opioid Response Grants shall be subject 

18 to section 241 of such Act. 

19 SUBSTANCE ABUSE PREVENTION

20 For carrying out titles III and V of the PHS Act 

21 with respect to substance abuse prevention, $205,469,000. 

22 HEALTH SURVEILLANCE AND PROGRAM SUPPORT

23 For program support and cross-cutting activities that 

24 supplement activities funded under the headings ‘‘Mental 

25 Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance 

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1 Abuse Prevention’’ in carrying out titles III, V, and XIX 

2 of the PHS Act and the Protection and Advocacy for Indi3 viduals with Mental Illness Act in the Substance Abuse 

4 and Mental Health Services Administration, 

5 $128,830,000: Provided, That in addition to amounts pro6 vided herein, $31,428,000 shall be available under section 

7 241 of the PHS Act to supplement funds available to 

8 carry out national surveys on drug abuse and mental 

9 health, to collect and analyze program data, and to con10 duct public awareness and technical assistance activities: 

11 Provided further, That, in addition, fees may be collected 

12 for the costs of publications, data, data tabulations, and 

13 data analysis completed under title V of the PHS Act and 

14 provided to a public or private entity upon request, which 

15 shall be credited to this appropriation and shall remain 

16 available until expended for such purposes: Provided fur17 ther, That amounts made available in this Act for carrying 

18 out section 501(o) of the PHS Act shall remain available 

19 through September 30, 2020: Provided further, That funds 

20 made available under this heading may be used to supple21 ment program support funding provided under the head22 ings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, 

23 and ‘‘Substance Abuse Prevention’’. 

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1 AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

2 HEALTHCARE RESEARCH AND QUALITY

3 For carrying out titles III and IX of the PHS Act, 

4 part A of title XI of the Social Security Act, and section 

5 1013 of the Medicare Prescription Drug, Improvement, 

6 and Modernization Act of 2003, $338,000,000: Provided, 

7 That section 947(c) of the PHS Act shall not apply in 

8 fiscal year 2019: Provided further, That in addition, 

9 amounts received from Freedom of Information Act fees, 

10 reimbursable and interagency agreements, and the sale of 

11 data shall be credited to this appropriation and shall re12 main available until September 30, 2020. 

13 CENTERS FOR MEDICARE & MEDICAID SERVICES

14 GRANTS TO STATES FOR MEDICAID

15 For carrying out, except as otherwise provided, titles 

16 XI and XIX of the Social Security Act, $276,236,212,000, 

17 to remain available until expended. 

18 For making, after May 31, 2019, payments to States 

19 under title XIX or in the case of section 1928 on behalf 

20 of States under title XIX of the Social Security Act for 

21 the last quarter of fiscal year 2019 for unanticipated costs 

22 incurred for the current fiscal year, such sums as may be 

23 necessary. 

24 For making payments to States or in the case of sec25 tion 1928 on behalf of States under title XIX of the Social 

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1 Security Act for the first quarter of fiscal year 2020, 

2 $137,931,797,000, to remain available until expended. 

3 Payment under such title XIX may be made for any 

4 quarter with respect to a State plan or plan amendment 

5 in effect during such quarter, if submitted in or prior to 

6 such quarter and approved in that or any subsequent 

7 quarter. 

8 PAYMENTS TO THE HEALTH CARE TRUST FUNDS

9 For payment to the Federal Hospital Insurance 

10 Trust Fund and the Federal Supplementary Medical In11 surance Trust Fund, as provided under sections 217(g), 

12 1844, and 1860D–16 of the Social Security Act, sections 

13 103(c) and 111(d) of the Social Security Amendments of 

14 1965, section 278(d)(3) of Public Law 97–248, and for 

15 administrative expenses incurred pursuant to section 

16 201(g) of the Social Security Act, $378,343,800,000. 

17 In addition, for making matching payments under 

18 section 1844 and benefit payments under section 1860D– 

19 16 of the Social Security Act that were not anticipated 

20 in budget estimates, such sums as may be necessary. 

21 PROGRAM MANAGEMENT

22 For carrying out, except as otherwise provided, titles 

23 XI, XVIII, XIX, and XXI of the Social Security Act, titles 

24 XIII and XXVII of the PHS Act, the Clinical Laboratory 

25 Improvement Amendments of 1988, and other responsibilSeptember 12, 2018 (9:18 p.m.)
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1 ities of the Centers for Medicare & Medicaid Services, not 

2 to exceed $3,669,744,000, to be transferred from the Fed3 eral Hospital Insurance Trust Fund and the Federal Sup4 plementary Medical Insurance Trust Fund, as authorized 

5 by section 201(g) of the Social Security Act; together with 

6 all funds collected in accordance with section 353 of the 

7 PHS Act and section 1857(e)(2) of the Social Security 

8 Act, funds retained by the Secretary pursuant to section 

9 1893(h) of the Social Security Act, and such sums as may 

10 be collected from authorized user fees and the sale of data, 

11 which shall be credited to this account and remain avail12 able until expended: Provided, That all funds derived in 

13 accordance with 31 U.S.C. 9701 from organizations estab14 lished under title XIII of the PHS Act shall be credited 

15 to and available for carrying out the purposes of this ap16 propriation: Provided further, That the Secretary is di17 rected to collect fees in fiscal year 2019 from Medicare 

18 Advantage organizations pursuant to section 1857(e)(2) 

19 of the Social Security Act and from eligible organizations 

20 with risk-sharing contracts under section 1876 of that Act 

21 pursuant to section 1876(k)(4)(D) of that Act. 

22 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

23 In addition to amounts otherwise available for pro24 gram integrity and program management, $765,000,000, 

25 to remain available through September 30, 2020, to be 

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1 transferred from the Federal Hospital Insurance Trust 

2 Fund and the Federal Supplementary Medical Insurance 

3 Trust Fund, as authorized by section 201(g) of the Social 

4 Security Act, of which $599,389,000 shall be for the Cen5 ters for Medicare & Medicaid Services program integrity 

6 activities, of which $87,230,000 shall be for the Depart7 ment of Health and Human Services Office of Inspector 

8 General to carry out fraud and abuse activities authorized 

9 by section 1817(k)(3) of such Act, and of which 

10 $78,381,000 shall be for the Department of Justice to 

11 carry out fraud and abuse activities authorized by section 

12 1817(k)(3) of such Act: Provided, That the report re13 quired by section 1817(k)(5) of the Social Security Act 

14 for fiscal year 2019 shall include measures of the oper15 ational efficiency and impact on fraud, waste, and abuse 

16 in the Medicare, Medicaid, and CHIP programs for the 

17 funds provided by this appropriation: Provided further, 

18 That of the amount provided under this heading, 

19 $311,000,000 is provided to meet the terms of section 

20 251(b)(2)(C)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985, as amended, and 

22 $454,000,000 is additional new budget authority specified 

23 for purposes of section 251(b)(2)(C) of such Act: Provided 

24 further, That the Secretary shall provide not less than 

25 $17,621,000 for the Senior Medicare Patrol program to 

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1 combat health care fraud and abuse from the funds pro2 vided to this account. 

3 ADMINISTRATION FOR CHILDREN AND FAMILIES

4 PAYMENTS TO STATES FOR CHILD SUPPORT

5 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS

6 For carrying out, except as otherwise provided, titles 

7 I, IV–D, X, XI, XIV, and XVI of the Social Security Act 

8 and the Act of July 5, 1960, $2,922,247,000, to remain 

9 available until expended; and for such purposes for the 

10 first quarter of fiscal year 2020, $1,400,000,000, to re11 main available until expended. 

12 For carrying out, after May 31 of the current fiscal 

13 year, except as otherwise provided, titles I, IV–D, X, XI, 

14 XIV, and XVI of the Social Security Act and the Act of 

15 July 5, 1960, for the last 3 months of the current fiscal 

16 year for unanticipated costs, incurred for the current fiscal 

17 year, such sums as may be necessary. 

18 LOW INCOME HOME ENERGY ASSISTANCE

19 For making payments under subsections (b) and (d) 

20 of section 2602 of the Low Income Home Energy Assist21 ance Act of 1981, $3,690,304,000: Provided, That all but 

22 $716,000,000 of this amount shall be allocated as though 

23 the total appropriation for such payments for fiscal year 

24 2019 was less than $1,975,000,000: Provided further, 

25 That notwithstanding section 2609A(a), of the amounts 

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1 appropriated under section 2602(b), not more than 

2 $2,988,000 of such amounts may be reserved by the Sec3 retary for technical assistance, training, and monitoring 

4 of program activities for compliance with internal controls, 

5 policies and procedures and may, in addition to the au6 thorities provided in section 2609A(a)(1), use such funds 

7 through contracts with private entities that do not qualify 

8 as nonprofit organizations. 

9 REFUGEE AND ENTRANT ASSISTANCE

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses for refugee and entrant as12 sistance activities authorized by section 414 of the Immi13 gration and Nationality Act and section 501 of the Ref14 ugee Education Assistance Act of 1980, and for carrying 

15 out section 462 of the Homeland Security Act of 2002, 

16 section 235 of the William Wilberforce Trafficking Victims 

17 Protection Reauthorization Act of 2008, the Trafficking 

18 Victims Protection Act of 2000 (‘‘TVPA’’), and the Tor19 ture Victims Relief Act of 1998, $1,905,201,000, of which 

20 $1,864,446,000 shall remain available through September 

21 30, 2021 for carrying out such sections 414, 501, 462, 

22 and 235: Provided, That amounts available under this 

23 heading to carry out the TVPA shall also be available for 

24 research and evaluation with respect to activities under 

25 such Act: Provided further, That the limitation in section 

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1 205 of this Act regarding transfers increasing any appro2 priation shall apply to transfers to appropriations under 

3 this heading by substituting ‘‘15 percent’’ for ‘‘3 percent’’. 

4 PAYMENTS TO STATES FOR THE CHILD CARE AND

5 DEVELOPMENT BLOCK GRANT

6 For carrying out the Child Care and Development 

7 Block Grant Act of 1990 (‘‘CCDBG Act’’), 

8 $5,276,000,000 shall be used to supplement, not supplant 

9 State general revenue funds for child care assistance for 

10 low-income families: Provided, That technical assistance 

11 under section 658I(a)(3) of such Act may be provided di12 rectly, or through the use of contracts, grants, cooperative 

13 agreements, or interagency agreements: Provided further, 

14 That all funds made available to carry out section 418 

15 of the Social Security Act (42 U.S.C. 618), including 

16 funds appropriated for that purpose in such section 418 

17 or any other provision of law, shall be subject to the res18 ervation of funds authority in paragraphs (4) and (5) of 

19 section 658O(a) of the CCDBG Act: Provided further, 

20 That in addition to the amounts required to be reserved 

21 by the Secretary under section 658O(a)(2)(A) of such Act, 

22 $156,780,000 shall be for Indian tribes and tribal organi23 zations. 

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1 SOCIAL SERVICES BLOCK GRANT

2 For making grants to States pursuant to section 

3 2002 of the Social Security Act, $1,700,000,000: Pro4 vided, That notwithstanding subparagraph (B) of section 

5 404(d)(2) of such Act, the applicable percent specified 

6 under such subparagraph for a State to carry out State 

7 programs pursuant to title XX–A of such Act shall be 10 

8 percent. 

9 CHILDREN AND FAMILIES SERVICES PROGRAMS

10 For carrying out, except as otherwise provided, the 

11 Runaway and Homeless Youth Act, the Head Start Act, 

12 the Every Student Succeeds Act, the Child Abuse Preven13 tion and Treatment Act, sections 303 and 313 of the 

14 Family Violence Prevention and Services Act, the Native 

15 American Programs Act of 1974, title II of the Child 

16 Abuse Prevention and Treatment and Adoption Reform 

17 Act of 1978 (adoption opportunities), part B–1 of title IV 

18 and sections 429, 473A, 477(i), 1110, 1114A, and 1115 

19 of the Social Security Act, and the Community Services 

20 Block Grant Act (‘‘CSBG Act’’); and for necessary admin21 istrative expenses to carry out titles I, IV, V, X, XI, XIV, 

22 XVI, and XX–A of the Social Security Act, the Act of 

23 July 5, 1960, the Low-Income Home Energy Assistance 

24 Act of 1981, the Child Care and Development Block Grant 

25 Act of 1990, the Assets for Independence Act, title IV of 

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1 the Immigration and Nationality Act, and section 501 of 

2 the Refugee Education Assistance Act of 1980, 

3 $12,239,225,000, of which $75,000,000, to remain avail4 able through September 30, 2020, shall be for grants to 

5 States for adoption and legal guardianship incentive pay6 ments, as defined by section 473A of the Social Security 

7 Act and may be made for adoptions and legal 

8 guardianships completed before September 30, 2019: Pro9 vided, That $10,063,095,000 shall be for making pay10 ments under the Head Start Act, of which, notwith11 standing section 640 of such Act: 

12 (1) $150,000,000 shall be available for a cost 

13 of living adjustment, and with respect to any con14 tinuing appropriations act, funding available for a 

15 cost of living adjustment shall not be construed as 

16 an authority or condition under this Act; 

17 (2) $25,000,000 shall be available for allocation 

18 by the Secretary to supplement activities described 

19 in paragraphs (7)(B) and (9) of section 641(c) of 

20 the Head Start Act under the Designation Renewal 

21 System, established under the authority of sections 

22 641(c)(7), 645A(b)(12), and 645A(d) of such Act, 

23 and such funds shall not be included in the calcula24 tion of ‘‘base grant’’ in subsequent fiscal years, as 

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1 such term is used in section 640(a)(7)(A) of such 

2 Act; and 

3 (3) $805,000,000, in addition to funds other4 wise available under such section 640 for such pur5 poses, shall be available through March 31, 2020, 

6 for Early Head Start programs as described in sec7 tion 645A of such Act, for conversion of Head Start 

8 services to Early Head Start services as described in 

9 section 645(a)(5)(A) of such Act, for discretionary 

10 grants for high quality infant and toddler care 

11 through Early Head Start-Child Care Partnerships, 

12 to entities defined as eligible under section 645A(d) 

13 of such Act, for training and technical assistance for 

14 such activities, and for up to $16,000,000 in Federal 

15 costs of administration and evaluation: 

16 Provided further, That the Secretary may reduce the res17 ervation of funds under section 640(a)(2)(C) of such Act 

18 in lieu of reducing the reservation of funds under sections 

19 640(a)(2)(B), 640(a)(2)(D), and 640(a)(2)(E) of such 

20 Act: Provided further, That $250,000,000 shall be avail21 able until December 31, 2019 for carrying out sections 

22 9212 and 9213 of the Every Student Succeeds Act: Pro23 vided further, That up to 3 percent of the funds in the 

24 preceding proviso shall be available for technical assist25 ance and evaluation related to grants awarded under such 

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1 section 9212: Provided further, That $753,883,000 shall 

2 be for making payments under the CSBG Act: Provided 

3 further, That $29,233,000 shall be for sections 680 and 

4 678E(b)(2) of the CSBG Act, of which not less than 

5 $19,883,000 shall be for section 680(a)(2) and not less 

6 than $9,000,000 shall be for section 680(a)(3)(B) of such 

7 Act: Provided further, That, notwithstanding section 

8 675C(a)(3) of such Act, to the extent Community Services 

9 Block Grant funds are distributed as grant funds by a 

10 State to an eligible entity as provided under such Act, and 

11 have not been expended by such entity, they shall remain 

12 with such entity for carryover into the next fiscal year for 

13 expenditure by such entity consistent with program pur14 poses: Provided further, That the Secretary shall establish 

15 procedures regarding the disposition of intangible assets 

16 and program income that permit such assets acquired 

17 with, and program income derived from, grant funds au18 thorized under section 680 of the CSBG Act to become 

19 the sole property of such grantees after a period of not 

20 more than 12 years after the end of the grant period for 

21 any activity consistent with section 680(a)(2)(A) of the 

22 CSBG Act: Provided further, That intangible assets in the 

23 form of loans, equity investments and other debt instru24 ments, and program income may be used by grantees for 

25 any eligible purpose consistent with section 680(a)(2)(A) 

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1 of the CSBG Act: Provided further, That these procedures 

2 shall apply to such grant funds made available after No3 vember 29, 1999: Provided further, That funds appro4 priated for section 680(a)(2) of the CSBG Act shall be 

5 available for financing construction and rehabilitation and 

6 loans or investments in private business enterprises owned 

7 by community development corporations: Provided further, 

8 That $164,500,000 shall be for carrying out section 

9 303(a) of the Family Violence Prevention and Services 

10 Act, of which $5,000,000 shall be allocated notwith11 standing section 303(a)(2) of such Act for carrying out 

12 section 309 of such Act: Provided further, That the per13 centages specified in section 112(a)(2) of the Child Abuse 

14 Prevention and Treatment Act shall not apply to funds 

15 appropriated under this heading: Provided further, That 

16 $1,864,000 shall be for a human services case manage17 ment system for federally declared disasters, to include a 

18 comprehensive national case management contract and 

19 Federal costs of administering the system: Provided fur20 ther, That up to $2,000,000 shall be for improving the 

21 Public Assistance Reporting Information System, includ22 ing grants to States to support data collection for a study 

23 of the system’s effectiveness. 

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1 PROMOTING SAFE AND STABLE FAMILIES

2 For carrying out, except as otherwise provided, sec3 tion 436 of the Social Security Act, $345,000,000 and, 

4 for carrying out, except as otherwise provided, section 437 

5 of such Act, $99,765,000: Provided, That of the funds 

6 available to carry out section 437, $59,765,000 shall be 

7 allocated consistent with subsections (b) through (d) of 

8 such section: Provided further, That of the funds available 

9 to carry out section 437, to assist in meeting the require10 ments described in section 471(e)(4)(C), $20,000,000 

11 shall be for grants to each State, territory, and Indian 

12 tribe operating title IV–E plans for developing, enhancing, 

13 or evaluating kinship navigator programs, as described in 

14 section 427(a)(1) of such Act, and $20,000,000, in addi15 tion to funds otherwise appropriated in section 436 for 

16 such purposes, shall be for competitive grants to regional 

17 partnerships as described in section 437(f): Provided fur18 ther, That section 437(b)(1) shall be applied to amounts 

19 in the previous proviso by substituting ‘‘5 percent’’ for 

20 ‘‘3.3 percent’’, and notwithstanding section 436(b)(1), 

21 such reserved amounts may be used for identifying, estab22 lishing, and disseminating practices to meet the criteria 

23 specified in section 471(e)(4)(C): Provided further, That 

24 the reservation in section 437(b)(2) and the limitations 

25 in section 437(d) shall not apply to funds specified in the 

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1 second proviso: Provided further, That the minimum grant 

2 award for kinship navigator programs in the case of States 

3 and territories shall be $200,000, and, in the case of 

4 tribes, shall be $25,000: Provided further, That section 

5 437(b)(4) of such Act shall be applied by substituting ‘‘fis6 cal year 2019’’ for ‘‘fiscal year 2018’’. 

7 PAYMENTS FOR FOSTER CARE AND PERMANENCY

8 For carrying out, except as otherwise provided, title 

9 IV–E of the Social Security Act, $6,035,000,000. 

10 For carrying out, except as otherwise provided, title 

11 IV–E of the Social Security Act, for the first quarter of 

12 fiscal year 2020, $2,800,000,000. 

13 For carrying out, after May 31 of the current fiscal 

14 year, except as otherwise provided, section 474 of title IV– 

15 E of the Social Security Act, for the last 3 months of the 

16 current fiscal year for unanticipated costs, incurred for the 

17 current fiscal year, such sums as may be necessary. 

18 ADMINISTRATION FOR COMMUNITY LIVING

19 AGING AND DISABILITY SERVICES PROGRAMS

20 (INCLUDING TRANSFER OF FUNDS)

21 For carrying out, to the extent not otherwise pro22 vided, the Older Americans Act of 1965 (‘‘OAA’’), the 

23 RAISE Family Caregivers Act, the Supporting Grand24 parents Raising Grandchildren Act, titles III and XXIX 

25 of the PHS Act, sections 1252 and 1253 of the PHS Act, 

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1 section 119 of the Medicare Improvements for Patients 

2 and Providers Act of 2008, title XX–B of the Social Secu3 rity Act, the Developmental Disabilities Assistance and 

4 Bill of Rights Act, parts 2 and 5 of subtitle D of title 

5 II of the Help America Vote Act of 2002, the Assistive 

6 Technology Act of 1998, titles II and VII (and section 

7 14 with respect to such titles) of the Rehabilitation Act 

8 of 1973, and for Department-wide coordination of policy 

9 and program activities that assist individuals with disabil10 ities, $2,120,200,000, together with $49,115,000 to be 

11 transferred from the Federal Hospital Insurance Trust 

12 Fund and the Federal Supplementary Medical Insurance 

13 Trust Fund to carry out section 4360 of the Omnibus 

14 Budget Reconciliation Act of 1990: Provided, That 

15 amounts appropriated under this heading may be used for 

16 grants to States under section 361 of the OAA only for 

17 disease prevention and health promotion programs and ac18 tivities which have been demonstrated through rigorous 

19 evaluation to be evidence-based and effective: Provided 

20 further, That of amounts made available under this head21 ing to carry out sections 311, 331, and 336 of the OAA, 

22 up to one percent of such amounts shall be available for 

23 developing and implementing evidence-based practices for 

24 enhancing senior nutrition: Provided further, That not25 withstanding any other provision of this Act, funds made 

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1 available under this heading to carry out section 311 of 

2 the OAA may be transferred to the Secretary of Agri3 culture in accordance with such section: Provided further, 

4 That $2,000,000 shall be for competitive grants to sup5 port alternative financing programs that provide for the 

6 purchase of assistive technology devices, such as a low7 interest loan fund; an interest buy-down program; a re8 volving loan fund; a loan guarantee; or an insurance pro9 gram: Provided further, That applicants shall provide an 

10 assurance that, and information describing the manner in 

11 which, the alternative financing program will expand and 

12 emphasize consumer choice and control: Provided further, 

13 That State agencies and community-based disability orga14 nizations that are directed by and operated for individuals 

15 with disabilities shall be eligible to compete: Provided fur16 ther, That none of the funds made available under this 

17 heading may be used by an eligible system (as defined in 

18 section 102 of the Protection and Advocacy for Individuals 

19 with Mental Illness Act (42 U.S.C. 10802)) to continue 

20 to pursue any legal action in a Federal or State court on 

21 behalf of an individual or group of individuals with a de22 velopmental disability (as defined in section 102(8)(A) of 

23 the Developmental Disabilities and Assistance and Bill of 

24 Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that is at25 tributable to a mental impairment (or a combination of 

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1 mental and physical impairments), that has as the re2 quested remedy the closure of State operated intermediate 

3 care facilities for people with intellectual or developmental 

4 disabilities, unless reasonable public notice of the action 

5 has been provided to such individuals (or, in the case of 

6 mental incapacitation, the legal guardians who have been 

7 specifically awarded authority by the courts to make 

8 healthcare and residential decisions on behalf of such indi9 viduals) who are affected by such action, within 90 days 

10 of instituting such legal action, which informs such indi11 viduals (or such legal guardians) of their legal rights and 

12 how to exercise such rights consistent with current Fed13 eral Rules of Civil Procedure: Provided further, That the 

14 limitations in the immediately preceding proviso shall not 

15 apply in the case of an individual who is neither competent 

16 to consent nor has a legal guardian, nor shall the proviso 

17 apply in the case of individuals who are a ward of the 

18 State or subject to public guardianship. 

19 OFFICE OF THE SECRETARY

20 GENERAL DEPARTMENTAL MANAGEMENT

21 For necessary expenses, not otherwise provided, for 

22 general departmental management, including hire of six 

23 passenger motor vehicles, and for carrying out titles III, 

24 XVII, XXI, and section 229 of the PHS Act, the United 

25 States-Mexico Border Health Commission Act, and reSeptember 12, 2018 (9:18 p.m.)
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1 search studies under section 1110 of the Social Security 

2 Act, $480,629,000, together with $64,828,000 from the 

3 amounts available under section 241 of the PHS Act to 

4 carry out national health or human services research and 

5 evaluation activities: Provided, That of this amount, 

6 $53,900,000 shall be for minority AIDS prevention and 

7 treatment activities: Provided further, That of the funds 

8 made available under this heading, $101,000,000 shall be 

9 for making competitive contracts and grants to public and 

10 private entities to fund medically accurate and age appro11 priate programs that reduce teen pregnancy and for the 

12 Federal costs associated with administering and evalu13 ating such contracts and grants, of which not more than 

14 10 percent of the available funds shall be for training and 

15 technical assistance, evaluation, outreach, and additional 

16 program support activities, and of the remaining amount 

17 75 percent shall be for replicating programs that have 

18 been proven effective through rigorous evaluation to re19 duce teenage pregnancy, behavioral risk factors underlying 

20 teenage pregnancy, or other associated risk factors, and 

21 25 percent shall be available for research and demonstra22 tion grants to develop, replicate, refine, and test additional 

23 models and innovative strategies for preventing teenage 

24 pregnancy: Provided further, That of the amounts pro25 vided under this heading from amounts available under 

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1 section 241 of the PHS Act, $6,800,000 shall be available 

2 to carry out evaluations (including longitudinal evalua3 tions) of teenage pregnancy prevention approaches: Pro4 vided further, That of the funds made available under this 

5 heading, $35,000,000 shall be for making competitive 

6 grants which exclusively implement education in sexual 

7 risk avoidance (defined as voluntarily refraining from non8 marital sexual activity): Provided further, That funding for 

9 such competitive grants for sexual risk avoidance shall use 

10 medically accurate information referenced to peer-re11 viewed publications by educational, scientific, govern12 mental, or health organizations; implement an evidence13 based approach integrating research findings with prac14 tical implementation that aligns with the needs and de15 sired outcomes for the intended audience; and teach the 

16 benefits associated with self-regulation, success sequenc17 ing for poverty prevention, healthy relationships, goal set18 ting, and resisting sexual coercion, dating violence, and 

19 other youth risk behaviors such as underage drinking or 

20 illicit drug use without normalizing teen sexual activity: 

21 Provided further, That no more than 10 percent of the 

22 funding for such competitive grants for sexual risk avoid23 ance shall be available for technical assistance and admin24 istrative costs of such programs: Provided further, That 

25 funds provided in this Act for embryo adoption activities 

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1 may be used to provide to individuals adopting embryos, 

2 through grants and other mechanisms, medical and ad3 ministrative services deemed necessary for such adoptions: 

4 Provided further, That such services shall be provided con5 sistent with 42 CFR 59.5(a)(4). 

6 OFFICE OF MEDICARE HEARINGS AND APPEALS

7 For expenses necessary for the Office of Medicare 

8 Hearings and Appeals, $182,381,000 shall remain avail9 able until September 30, 2020, to be transferred in appro10 priate part from the Federal Hospital Insurance Trust 

11 Fund and the Federal Supplementary Medical Insurance 

12 Trust Fund. 

13 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH

14 INFORMATION TECHNOLOGY

15 For expenses necessary for the Office of the National 

16 Coordinator for Health Information Technology, including 

17 grants, contracts, and cooperative agreements for the de18 velopment and advancement of interoperable health infor19 mation technology, $60,367,000. 

20 OFFICE OF INSPECTOR GENERAL

21 For expenses necessary for the Office of Inspector 

22 General, including the hire of passenger motor vehicles for 

23 investigations, in carrying out the provisions of the Inspec24 tor General Act of 1978, $80,000,000: Provided, That of 

25 such amount, necessary sums shall be available for proSeptember 12, 2018 (9:18 p.m.)
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1 viding protective services to the Secretary and inves2 tigating non-payment of child support cases for which non3 payment is a Federal offense under 18 U.S.C. 228. 

4 OFFICE FOR CIVIL RIGHTS

5 For expenses necessary for the Office for Civil 

6 Rights, $38,798,000. 

7 RETIREMENT PAY AND MEDICAL BENEFITS FOR

8 COMMISSIONED OFFICERS

9 For retirement pay and medical benefits of Public 

10 Health Service Commissioned Officers as authorized by 

11 law, for payments under the Retired Serviceman’s Family 

12 Protection Plan and Survivor Benefit Plan, and for med13 ical care of dependents and retired personnel under the 

14 Dependents’ Medical Care Act, such amounts as may be 

15 required during the current fiscal year. 

16 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

17 FUND

18 For expenses necessary to support activities related 

19 to countering potential biological, nuclear, radiological, 

20 chemical, and cybersecurity threats to civilian populations, 

21 and for other public health emergencies, $1,026,458,000, 

22 of which $561,700,000 shall remain available through 

23 September 30, 2020, for expenses necessary to support 

24 advanced research and development pursuant to section 

25 319L of the PHS Act and other administrative expenses 

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1 of the Biomedical Advanced Research and Development 

2 Authority: Provided, That funds provided under this head3 ing for the purpose of acquisition of security counter4 measures shall be in addition to any other funds available 

5 for such purpose: Provided further, That products pur6 chased with funds provided under this heading may, at 

7 the discretion of the Secretary, be deposited in the Stra8 tegic National Stockpile pursuant to section 319F–2 of 

9 the PHS Act: Provided further, That $5,000,000 of the 

10 amounts made available to support emergency operations 

11 shall remain available through September 30, 2021. 

12 For expenses necessary for procuring security coun13 termeasures (as defined in section 319F–2(c)(1)(B) of the 

14 PHS Act), $735,000,000, to remain available until ex15 pended. 

16 For an additional amount for expenses necessary to 

17 prepare for or respond to an influenza pandemic, 

18 $260,000,000; of which $225,000,000 shall be available 

19 until expended, for activities including the development 

20 and purchase of vaccine, antivirals, necessary medical sup21 plies, diagnostics, and other surveillance tools: Provided, 

22 That notwithstanding section 496(b) of the PHS Act, 

23 funds may be used for the construction or renovation of 

24 privately owned facilities for the production of pandemic 

25 influenza vaccines and other biologics, if the Secretary 

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1 finds such construction or renovation necessary to secure 

2 sufficient supplies of such vaccines or biologics. 

3 GENERAL PROVISIONS

4 SEC. 201. Funds appropriated in this title shall be 

5 available for not to exceed $50,000 for official reception 

6 and representation expenses when specifically approved by 

7 the Secretary. 

8 SEC. 202. None of the funds appropriated in this title 

9 shall be used to pay the salary of an individual, through 

10 a grant or other extramural mechanism, at a rate in excess 

11 of Executive Level II. 

12 SEC. 203. None of the funds appropriated in this Act 

13 may be expended pursuant to section 241 of the PHS Act, 

14 except for funds specifically provided for in this Act, or 

15 for other taps and assessments made by any office located 

16 in HHS, prior to the preparation and submission of a re17 port by the Secretary to the Committees on Appropria18 tions of the House of Representatives and the Senate de19 tailing the planned uses of such funds. 

20 SEC. 204. Notwithstanding section 241(a) of the 

21 PHS Act, such portion as the Secretary shall determine, 

22 but not more than 2.5 percent, of any amounts appro23 priated for programs authorized under such Act shall be 

24 made available for the evaluation (directly, or by grants 

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1 or contracts) and the implementation and effectiveness of 

2 programs funded in this title. 

3 (TRANSFER OF FUNDS)

4 SEC. 205. Not to exceed 1 percent of any discre5 tionary funds (pursuant to the Balanced Budget and 

6 Emergency Deficit Control Act of 1985) which are appro7 priated for the current fiscal year for HHS in this Act 

8 may be transferred between appropriations, but no such 

9 appropriation shall be increased by more than 3 percent 

10 by any such transfer: Provided, That the transfer author11 ity granted by this section shall not be used to create any 

12 new program or to fund any project or activity for which 

13 no funds are provided in this Act: Provided further, That 

14 the Committees on Appropriations of the House of Rep15 resentatives and the Senate are notified at least 15 days 

16 in advance of any transfer. 

17 SEC. 206. In lieu of the timeframe specified in section 

18 338E(c)(2) of the PHS Act, terminations described in 

19 such section may occur up to 60 days after the execution 

20 of a contract awarded in fiscal year 2019 under section 

21 338B of such Act. 

22 SEC. 207. None of the funds appropriated in this Act 

23 may be made available to any entity under title X of the 

24 PHS Act unless the applicant for the award certifies to 

25 the Secretary that it encourages family participation in 

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1 the decision of minors to seek family planning services and 

2 that it provides counseling to minors on how to resist at3 tempts to coerce minors into engaging in sexual activities. 

4 SEC. 208. Notwithstanding any other provision of 

5 law, no provider of services under title X of the PHS Act 

6 shall be exempt from any State law requiring notification 

7 or the reporting of child abuse, child molestation, sexual 

8 abuse, rape, or incest. 

9 SEC. 209. None of the funds appropriated by this Act 

10 (including funds appropriated to any trust fund) may be 

11 used to carry out the Medicare Advantage program if the 

12 Secretary denies participation in such program to an oth13 erwise eligible entity (including a Provider Sponsored Or14 ganization) because the entity informs the Secretary that 

15 it will not provide, pay for, provide coverage of, or provide 

16 referrals for abortions: Provided, That the Secretary shall 

17 make appropriate prospective adjustments to the capita18 tion payment to such an entity (based on an actuarially 

19 sound estimate of the expected costs of providing the serv20 ice to such entity’s enrollees): Provided further, That noth21 ing in this section shall be construed to change the Medi22 care program’s coverage for such services and a Medicare 

23 Advantage organization described in this section shall be 

24 responsible for informing enrollees where to obtain infor25 mation about all Medicare covered services. 

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1 SEC. 210. None of the funds made available in this 

2 title may be used, in whole or in part, to advocate or pro3 mote gun control. 

4 SEC. 211. The Secretary shall make available through 

5 assignment not more than 60 employees of the Public 

6 Health Service to assist in child survival activities and to 

7 work in AIDS programs through and with funds provided 

8 by the Agency for International Development, the United 

9 Nations International Children’s Emergency Fund or the 

10 World Health Organization. 

11 SEC. 212. In order for HHS to carry out inter12 national health activities, including HIV/AIDS and other 

13 infectious disease, chronic and environmental disease, and 

14 other health activities abroad during fiscal year 2019: 

15 (1) The Secretary may exercise authority equiv16 alent to that available to the Secretary of State in 

17 section 2(c) of the State Department Basic Authori18 ties Act of 1956. The Secretary shall consult with 

19 the Secretary of State and relevant Chief of Mission 

20 to ensure that the authority provided in this section 

21 is exercised in a manner consistent with section 207 

22 of the Foreign Service Act of 1980 and other appli23 cable statutes administered by the Department of 

24 State. 

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1 (2) The Secretary is authorized to provide such 

2 funds by advance or reimbursement to the Secretary 

3 of State as may be necessary to pay the costs of ac4 quisition, lease, alteration, renovation, and manage5 ment of facilities outside of the United States for 

6 the use of HHS. The Department of State shall co7 operate fully with the Secretary to ensure that HHS 

8 has secure, safe, functional facilities that comply 

9 with applicable regulation governing location, set10 back, and other facilities requirements and serve the 

11 purposes established by this Act. The Secretary is 

12 authorized, in consultation with the Secretary of 

13 State, through grant or cooperative agreement, to 

14 make available to public or nonprofit private institu15 tions or agencies in participating foreign countries, 

16 funds to acquire, lease, alter, or renovate facilities in 

17 those countries as necessary to conduct programs of 

18 assistance for international health activities, includ19 ing activities relating to HIV/AIDS and other infec20 tious diseases, chronic and environmental diseases, 

21 and other health activities abroad. 

22 (3) The Secretary is authorized to provide to 

23 personnel appointed or assigned by the Secretary to 

24 serve abroad, allowances and benefits similar to 

25 those provided under chapter 9 of title I of the ForSeptember 12, 2018 (9:18 p.m.)
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1 eign Service Act of 1980, and 22 U.S.C. 4081 

2 through 4086 and subject to such regulations pre3 scribed by the Secretary. The Secretary is further 

4 authorized to provide locality-based comparability 

5 payments (stated as a percentage) up to the amount 

6 of the locality-based comparability payment (stated 

7 as a percentage) that would be payable to such per8 sonnel under section 5304 of title 5, United States 

9 Code if such personnel’s official duty station were in 

10 the District of Columbia. Leaves of absence for per11 sonnel under this subsection shall be on the same 

12 basis as that provided under subchapter I of chapter 

13 63 of title 5, United States Code, or section 903 of 

14 the Foreign Service Act of 1980, to individuals serv15 ing in the Foreign Service. 

16 (TRANSFER OF FUNDS)

17 SEC. 213. The Director of the NIH, jointly with the 

18 Director of the Office of AIDS Research, may transfer up 

19 to 3 percent among institutes and centers from the total 

20 amounts identified by these two Directors as funding for 

21 research pertaining to the human immunodeficiency virus: 

22 Provided, That the Committees on Appropriations of the 

23 House of Representatives and the Senate are notified at 

24 least 15 days in advance of any transfer. 

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1 (TRANSFER OF FUNDS)

2 SEC. 214. Of the amounts made available in this Act 

3 for NIH, the amount for research related to the human 

4 immunodeficiency virus, as jointly determined by the Di5 rector of NIH and the Director of the Office of AIDS Re6 search, shall be made available to the ‘‘Office of AIDS 

7 Research’’ account. The Director of the Office of AIDS 

8 Research shall transfer from such account amounts nec9 essary to carry out section 2353(d)(3) of the PHS Act. 

10 SEC. 215. (a) AUTHORITY.—Notwithstanding any 

11 other provision of law, the Director of NIH (‘‘Director’’) 

12 may use funds authorized under section 402(b)(12) of the 

13 PHS Act to enter into transactions (other than contracts, 

14 cooperative agreements, or grants) to carry out research 

15 identified pursuant to or research and activities described 

16 in such section 402(b)(12). 

17 (b) PEER REVIEW.—In entering into transactions 

18 under subsection (a), the Director may utilize such peer 

19 review procedures (including consultation with appropriate 

20 scientific experts) as the Director determines to be appro21 priate to obtain assessments of scientific and technical 

22 merit. Such procedures shall apply to such transactions 

23 in lieu of the peer review and advisory council review pro24 cedures that would otherwise be required under sections 

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1 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 

2 and 494 of the PHS Act. 

3 SEC. 216. Not to exceed $45,000,000 of funds appro4 priated by this Act to the institutes and centers of the 

5 National Institutes of Health may be used for alteration, 

6 repair, or improvement of facilities, as necessary for the 

7 proper and efficient conduct of the activities authorized 

8 herein, at not to exceed $3,500,000 per project. 

9 (TRANSFER OF FUNDS)

10 SEC. 217. Of the amounts made available for NIH, 

11 1 percent of the amount made available for National Re12 search Service Awards (‘‘NRSA’’) shall be made available 

13 to the Administrator of the Health Resources and Services 

14 Administration to make NRSA awards for research in pri15 mary medical care to individuals affiliated with entities 

16 who have received grants or contracts under sections 736, 

17 739, or 747 of the PHS Act, and 1 percent of the amount 

18 made available for NRSA shall be made available to the 

19 Director of the Agency for Healthcare Research and Qual20 ity to make NRSA awards for health service research. 

21 SEC. 218. (a) The Biomedical Advanced Research 

22 and Development Authority (‘‘BARDA’’) may enter into 

23 a contract, for more than one but no more than 10 pro24 gram years, for purchase of research services or of security 

25 countermeasures, as that term is defined in section 319F– 

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1 2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), 

2 if— 

3 (1) funds are available and obligated— 

4 (A) for the full period of the contract or 

5 for the first fiscal year in which the contract is 

6 in effect; and 

7 (B) for the estimated costs associated with 

8 a necessary termination of the contract; and 

9 (2) the Secretary determines that a multi-year 

10 contract will serve the best interests of the Federal 

11 Government by encouraging full and open competi12 tion or promoting economy in administration, per13 formance, and operation of BARDA’s programs. 

14 (b) A contract entered into under this section— 

15 (1) shall include a termination clause as de16 scribed by subsection (c) of section 3903 of title 41, 

17 United States Code; and 

18 (2) shall be subject to the congressional notice 

19 requirement stated in subsection (d) of such section. 

20 SEC. 219. (a) The Secretary shall publish in the fiscal 

21 year 2020 budget justification and on Departmental Web 

22 sites information concerning the employment of full-time 

23 equivalent Federal employees or contractors for the pur24 poses of implementing, administering, enforcing, or other25 wise carrying out the provisions of the ACA, and the 

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1 amendments made by that Act, in the proposed fiscal year 

2 and each fiscal year since the enactment of the ACA. 

3 (b) With respect to employees or contractors sup4 ported by all funds appropriated for purposes of carrying 

5 out the ACA (and the amendments made by that Act), 

6 the Secretary shall include, at a minimum, the following 

7 information: 

8 (1) For each such fiscal year, the section of 

9 such Act under which such funds were appropriated, 

10 a statement indicating the program, project, or ac11 tivity receiving such funds, the Federal operating di12 vision or office that administers such program, and 

13 the amount of funding received in discretionary or 

14 mandatory appropriations. 

15 (2) For each such fiscal year, the number of 

16 full-time equivalent employees or contracted employ17 ees assigned to each authorized and funded provision 

18 detailed in accordance with paragraph (1). 

19 (c) In carrying out this section, the Secretary may 

20 exclude from the report employees or contractors who— 

21 (1) are supported through appropriations en22 acted in laws other than the ACA and work on pro23 grams that existed prior to the passage of the ACA; 

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1 (2) spend less than 50 percent of their time on 

2 activities funded by or newly authorized in the ACA; 

3 or 

4 (3) work on contracts for which FTE reporting 

5 is not a requirement of their contract, such as fixed6 price contracts. 

7 SEC. 220. The Secretary shall publish, as part of the 

8 fiscal year 2020 budget of the President submitted under 

9 section 1105(a) of title 31, United States Code, informa10 tion that details the uses of all funds used by the Centers 

11 for Medicare & Medicaid Services specifically for Health 

12 Insurance Exchanges for each fiscal year since the enact13 ment of the ACA and the proposed uses for such funds 

14 for fiscal year 2020. Such information shall include, for 

15 each such fiscal year, the amount of funds used for each 

16 activity specified under the heading ‘‘Health Insurance 

17 Exchange Transparency’’ in the joint explanatory state18 ment accompanying this Act. 

19 SEC. 221. None of the funds made available by this 

20 Act from the Federal Hospital Insurance Trust Fund or 

21 the Federal Supplemental Medical Insurance Trust Fund, 

22 or transferred from other accounts funded by this Act to 

23 the ‘‘Centers for Medicare & Medicaid Services—Program 

24 Management’’ account, may be used for payments under 

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1 section 1342(b)(1) of Public Law 111–148 (relating to 

2 risk corridors). 

3 (TRANSFER OF FUNDS)

4 SEC. 222. (a) Within 45 days of enactment of this 

5 Act, the Secretary shall transfer funds appropriated under 

6 section 4002 of the ACA to the accounts specified, in the 

7 amounts specified, and for the activities specified under 

8 the heading ‘‘Prevention and Public Health Fund’’ in the 

9 joint explanatory statement accompanying this Act. 

10 (b) Notwithstanding section 4002(c) of the ACA, the 

11 Secretary may not further transfer these amounts. 

12 (c) Funds transferred for activities authorized under 

13 section 2821 of the PHS Act shall be made available with14 out reference to section 2821(b) of such Act. 

15 SEC. 223. Effective during the period beginning on 

16 November 1, 2015 and ending January 1, 2021, any pro17 vision of law that refers (including through cross-reference 

18 to another provision of law) to the current recommenda19 tions of the United States Preventive Services Task Force 

20 with respect to breast cancer screening, mammography, 

21 and prevention shall be administered by the Secretary in22 volved as if— 

23 (1) such reference to such current recommenda24 tions were a reference to the recommendations of 

25 such Task Force with respect to breast cancer 

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1 screening, mammography, and prevention last issued 

2 before 2009; and 

3 (2) such recommendations last issued before 

4 2009 applied to any screening mammography modal5 ity under section 1861(jj) of the Social Security Act 

6 (42 U.S.C. 1395x(jj)). 

7 SEC. 224. In making Federal financial assistance, the 

8 provisions relating to indirect costs in part 75 of title 45, 

9 Code of Federal Regulations, including with respect to the 

10 approval of deviations from negotiated rates, shall con11 tinue to apply to the National Institutes of Health to the 

12 same extent and in the same manner as such provisions 

13 were applied in the third quarter of fiscal year 2017. None 

14 of the funds appropriated in this or prior Acts or otherwise 

15 made available to the Department of Health and Human 

16 Services or to any department or agency may be used to 

17 develop or implement a modified approach to such provi18 sions, or to intentionally or substantially expand the fiscal 

19 effect of the approval of such deviations from negotiated 

20 rates beyond the proportional effect of such approvals in 

21 such quarter. 

22 (TRANSFER OF FUNDS)

23 SEC. 225. The NIH Director may transfer funds spe24 cifically appropriated for opioid addiction, opioid alter25 natives, pain management, and addiction treatment to 

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1 other Institutes and Centers of the NIH to be used for 

2 the same purpose 15 days after notifying the Committees 

3 on Appropriations: Provided, That the transfer authority 

4 provided in the previous proviso is in addition to any other 

5 transfer authority provided by law. 

6 SEC. 226. (a) The Secretary shall provide to the 

7 Committees on Appropriations of the House of Represent8 atives and the Senate: 

9 (1) Detailed monthly enrollment figures from 

10 the Exchanges established under the Patient Protec11 tion and Affordable Care Act of 2010 pertaining to 

12 enrollments during the open enrollment period; and 

13 (2) Notification of any new or competitive grant 

14 awards, including supplements, authorized under 

15 section 330 of the Public Health Service Act. 

16 (b) The Committees on Appropriations of the House 

17 and Senate must be notified at least 2 business days in 

18 advance of any public release of enrollment information 

19 or the award of such grants. 

20 SEC. 227. In addition to the amounts otherwise avail21 able for ‘‘Centers for Medicare & Medicaid Services, Pro22 gram Management’’, the Secretary of Health and Human 

23 Services may transfer up to $305,000,000 to such account 

24 from the Federal Hospital Insurance Trust Fund and the 

25 Federal Supplementary Medical Insurance Trust Fund to 

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1 support program management activity related to the Medi2 care Program: Provided, That except for the foregoing 

3 purpose, such funds may not be used to support any provi4 sion of Public Law 111–148 or Public Law 111–152 (or 

5 any amendment made by either such Public Law) or to 

6 supplant any other amounts within such account. 

7 (RESCISSION)

8 SEC. 228. Of the unobligated balances available in 

9 the ‘‘Nonrecurring Expenses Fund’’ established in section 

10 223 of division G of Public Law 110–161, $400,000,000 

11 are hereby rescinded. 

12 SEC. 229. Not later than the 15th day of each month, 

13 the Department of Health and Human Services shall pro14 vide the Committees on Appropriations of the House of 

15 Representatives and Senate a report on staffing described 

16 in the joint explanatory statement accompanying this Act. 

17 SEC. 230. Funds appropriated in this Act that are 

18 available for salaries and expenses of employees of the De19 partment of Health and Human Services shall also be 

20 available to pay travel and related expenses of such an 

21 employee or of a member of his or her family, when such 

22 employee is assigned to duty, in the United States or in 

23 a U.S. territory, during a period and in a location that 

24 are the subject of a determination of a public health emer25 gency under section 319 of the Public Health Service Act 

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1 and such travel is necessary to obtain medical care for 

2 an illness, injury, or medical condition that cannot be ade3 quately addressed in that location at that time. For pur4 poses of this section, the term ‘‘U.S. territory’’ means 

5 Guam, the Commonwealth of Puerto Rico, the Northern 

6 Mariana Islands, the Virgin Islands, American Samoa, or 

7 the Trust Territory of the Pacific Islands. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 231. There is established in the Treasury a re10 serve fund to be known as the ‘‘Infectious Diseases Rapid 

11 Response Reserve Fund’’ (the ‘‘Reserve Fund’’): Provided, 

12 That of the funds provided under the heading ‘‘CDC-Wide 

13 Activities and Program Support’’, $50,000,000, to remain 

14 available until expended, shall be available to the Director 

15 of the CDC for deposit in the Reserve Fund: Provided fur16 ther, That amounts in the Reserve Fund shall be for car17 rying out titles II, III, and XVII of the PHS Act to pre18 vent, prepare for, or respond to an infectious disease emer19 gency, including, in connection with such activities, to pur20 chase or lease and provide for the insurance of passenger 

21 motor vehicles for official use in foreign countries: Pro22 vided further, That amounts in the Reserve Fund may only 

23 be provided for an infectious disease emergency if the in24 fectious disease emergency (1) is declared by the Secretary 

25 of Health and Human Services under section 319 of the 

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1 PHS Act to be a public health emergency; or (2) as deter2 mined by the Secretary, has significant potential to immi3 nently occur and potential, on occurrence, to affect na4 tional security or the health and security of United States 

5 citizens, domestically or internationally: Provided further, 

6 That amounts in the Reserve Fund may be transferred 

7 by the Director of the CDC to other accounts of the CDC, 

8 to accounts of the NIH, or to the Public Health and Social 

9 Services Emergency Fund, to be merged with such ac10 counts or Fund for the purposes provided in this section: 

11 Provided further, That the Committees on Appropriations 

12 of the House of Representatives and the Senate shall be 

13 notified in advance of any transfer or obligation made 

14 under the authority provided in this section, including no15 tification on the anticipated uses of such funds by pro16 gram, project, or activity: Provided further, That not later 

17 than 15 days after notification of the planned use of the 

18 Reserve Fund, the Director shall provide a detailed spend 

19 plan of anticipated uses of funds, including estimated per20 sonnel and administrative costs, to the Committees on Ap21 propriations of the House of Representatives and the Sen22 ate: Provided further, That such plans shall be updated 

23 and submitted every 90 days thereafter until funds have 

24 been fully expended which should include the unobligated 

25 balances in the Reserve Fund and all the actual obligaSeptember 12, 2018 (9:18 p.m.)
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1 tions incurred to date: Provided further, That amounts in 

2 the Reserve Fund shall be in addition to amounts other3 wise available to the Department of Health and Human 

4 Services for the purposes provided in this section: Provided 

5 further, That the transfer authorities in this section are 

6 in addition to any transfer authority otherwise available 

7 to the Department of Health and Human Services: Pro8 vided further, That products purchased using amounts in 

9 the Reserve Fund may, at the discretion of the Secretary 

10 of Health and Human Services, be deposited in the Stra11 tegic National Stockpile under section 319F–2 of the PHS 

12 Act: Provided further, That this section shall be in effect 

13 as of the date of the enactment of this Act through each 

14 fiscal year hereafter. 

15 SEC. 232. The Department of Health and Human 

16 Services may accept donations from the private sector, 

17 nongovernmental organizations, and other groups inde18 pendent of the Federal Government for the care of unac19 companied alien children (as defined in section 462(g)(2) 

20 of the Homeland Security Act of 2002 (6 U.S.C. 

21 279(g)(2))) in the care of the Office of Refugee Resettle22 ment of the Administration for Children and Families, in23 cluding medical goods and services, school supplies, toys, 

24 clothing, and any other items intended to promote the 

25 wellbeing of such children. 

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1 SEC. 233. The Secretary shall submit to the Congress 

2 by November 15, 2018, a plan to promptly facilitate the 

3 reunification of children separated from their parents and 

4 placed in the custody of the Office of Refugee Resettle5 ment (‘‘ORR’’), including the reunification of children 

6 with parents who are no longer in the United States: Pro7 vided, That such plan shall include possible children of po8 tential class members in the class-action lawsuit Ms. L v. 

9 ICE, as identified in the Joint Status Report filed on Sep10 tember 6, 2018: Provided further, That such plan shall 

11 describe the activities the Administration has undertaken 

12 to locate parents who are no longer in the United States 

13 and to reunify those parents with their children, including 

14 (1) the process for tracking children and parents, (2) the 

15 process for coordinating interagency responsibilities for 

16 communication, location, and reunification of such par17 ents, and (3) the number of parents that the Administra18 tion has been unable to contact: Provided further, That 

19 such plan shall provide detailed information on how many 

20 parents have been determined to be ineligible for reunifica21 tion and the reasons for those determinations: Provided 

22 further, That such plan shall identify the number of chil23 dren in ORR custody whose parents were deported that 

24 (1) have been reunified with their parents, (2) have been 

25 released into the custody of a family member other than 

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1 a parent, (3) have been released into the custody of a 

2 sponsor who is not a family member, and (4) are still in 

3 ORR custody: Provided further, That such plan shall pro4 vide detailed information regarding the procedures the Ad5 ministration follows when child sexual abuse is alleged at 

6 facilities operated by ORR contractors: Provided further, 

7 That such plan shall include an estimate of expenditures 

8 in fiscal year 2018 and an estimate of anticipated expendi9 tures in fiscal year 2019 related to housing children who 

10 were separated from their parents at the border as well 

11 as activities to reunify such children with their parents: 

12 Provided further, That if such plan is not submitted by 

13 the deadline identified above, the Department of Health 

14 and Human Services may not, until such a plan has been 

15 submitted to the Congress, obligate funds from the Fund 

16 established by section 223 of title II of division G of Public 

17 Law 110–161, except to obligate funds for projects identi18 fied in the joint explanatory statement accompanying this 

19 Act. 

20 SEC. 234. None of the funds made available by this 

21 Act may be used to prevent a Member of the United States 

22 Congress from entering, for the purpose of conducting 

23 oversight, any facility in the United States, used for pur24 poses of maintaining custody of or otherwise housing un25 accompanied alien children (as defined in section 

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1 462(g)(2) of the Homeland Security Act of 2002 (6 

2 U.S.C. 279(g)(2))). 

3 This title may be cited as the ‘‘Department of Health 

4 and Human Services Appropriations Act, 2019’’. 

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1 TITLE III 

2 DEPARTMENT OF EDUCATION 

3 EDUCATION FOR THE DISADVANTAGED

4 For carrying out title I and subpart 2 of part B of 

5 title II of the Elementary and Secondary Education Act 

6 of 1965 (referred to in this Act as ‘‘ESEA’’) and section 

7 418A of the Higher Education Act of 1965 (referred to 

8 in this Act as ‘‘HEA’’), $16,543,790,000, of which 

9 $5,625,990,000 shall become available on July 1, 2019, 

10 and shall remain available through September 30, 2020, 

11 and of which $10,841,177,000 shall become available on 

12 October 1, 2019, and shall remain available through Sep13 tember 30, 2020, for academic year 2019–2020: Provided, 

14 That $6,459,401,000 shall be for basic grants under sec15 tion 1124 of the ESEA: Provided further, That up to 

16 $5,000,000 of these funds shall be available to the Sec17 retary of Education (referred to in this title as ‘‘Sec18 retary’’) on October 1, 2018, to obtain annually updated 

19 local educational agency-level census poverty data from 

20 the Bureau of the Census: Provided further, That 

21 $1,362,301,000 shall be for concentration grants under 

22 section 1124A of the ESEA: Provided further, That 

23 $4,019,050,000 shall be for targeted grants under section 

24 1125 of the ESEA: Provided further, That 

25 $4,019,050,000 shall be for education finance incentive 

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1 grants under section 1125A of the ESEA: Provided fur2 ther, That $217,000,000 shall be for carrying out subpart 

3 2 of part B of title II: Provided further, That $44,623,000 

4 shall be for carrying out section 418A of the HEA. 

5 IMPACT AID

6 For carrying out programs of financial assistance to 

7 federally affected schools authorized by title VII of the 

8 ESEA, $1,446,112,000, of which $1,301,242,000 shall be 

9 for basic support payments under section 7003(b), 

10 $48,316,000 shall be for payments for children with dis11 abilities under section 7003(d), $17,406,000, to remain 

12 available for obligation through September 30, 2020, shall 

13 be for construction under section 7007(b), $74,313,000 

14 shall be for Federal property payments under section 

15 7002, and $4,835,000, to remain available until expended, 

16 shall be for facilities maintenance under section 7008: 

17 Provided, That for purposes of computing the amount of 

18 a payment for an eligible local educational agency under 

19 section 7003(a) for school year 2018–2019, children en20 rolled in a school of such agency that would otherwise be 

21 eligible for payment under section 7003(a)(1)(B) of such 

22 Act, but due to the deployment of both parents or legal 

23 guardians, or a parent or legal guardian having sole cus24 tody of such children, or due to the death of a military 

25 parent or legal guardian while on active duty (so long as 

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1 such children reside on Federal property as described in 

2 section 7003(a)(1)(B)), are no longer eligible under such 

3 section, shall be considered as eligible students under such 

4 section, provided such students remain in average daily 

5 attendance at a school in the same local educational agen6 cy they attended prior to their change in eligibility status. 

7 SCHOOL IMPROVEMENT PROGRAMS

8 For carrying out school improvement activities au9 thorized by part B of title I, part A of title II, subpart 

10 1 of part A of title IV, part B of title IV, part B of title 

11 V, and parts B and C of title VI of the ESEA; the McKin12 ney-Vento Homeless Assistance Act; section 203 of the 

13 Educational Technical Assistance Act of 2002; the Com14 pact of Free Association Amendments Act of 2003; and 

15 the Civil Rights Act of 1964, $5,246,967,000, of which 

16 $3,418,402,000 shall become available on July 1, 2019, 

17 and remain available through September 30, 2020, and 

18 of which $1,681,441,000 shall become available on Octo19 ber 1, 2019, and shall remain available through September 

20 30, 2020, for academic year 2019–2020: Provided, That 

21 $378,000,000 shall be for part B of title I: Provided fur22 ther, That $1,221,673,000 shall be for part B of title IV: 

23 Provided further, That $36,397,000 shall be for part B 

24 of title VI and may be used for construction, renovation, 

25 and modernization of any elementary school, secondary 

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1 school, or structure related to an elementary school or sec2 ondary school, run by the Department of Education of the 

3 State of Hawaii, that serves a predominantly Native Ha4 waiian student body: Provided further, That $35,453,000 

5 shall be for part C of title VI and shall be awarded on 

6 a competitive basis, and also may be used for construction: 

7 Provided further, That $52,000,000 shall be available to 

8 carry out section 203 of the Educational Technical Assist9 ance Act of 2002 and the Secretary shall make such ar10 rangements as determined to be necessary to ensure that 

11 the Bureau of Indian Education has access to services pro12 vided under this section: Provided further, That 

13 $16,699,000 shall be available to carry out the Supple14 mental Education Grants program for the Federated 

15 States of Micronesia and the Republic of the Marshall Is16 lands: Provided further, That the Secretary may reserve 

17 up to 5 percent of the amount referred to in the previous 

18 proviso to provide technical assistance in the implementa19 tion of these grants: Provided further, That $180,840,000 

20 shall be for part B of title V: Provided further, That 

21 $1,170,000,000 shall be available for grants under sub22 part 1 of part A of title IV. 

23 INDIAN EDUCATION

24 For expenses necessary to carry out, to the extent 

25 not otherwise provided, title VI, part A of the ESEA, 

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1 $180,239,000, of which $67,993,000 shall be for subpart 

2 2 of part A of title VI and $6,865,000 shall be for subpart 

3 3 of part A of title VI. 

4 INNOVATION AND IMPROVEMENT

5 For carrying out activities authorized by subparts 1, 

6 3 and 4 of part B of title II, and parts C, D, and E and 

7 subparts 1 and 4 of part F of title IV of the ESEA, 

8 $1,035,556,000: Provided, That $279,815,000 shall be for 

9 subparts 1, 3 and 4 of part B of title II and shall be made 

10 available without regard to sections 2201, 2231(b) and 

11 2241: Provided further, That $625,741,000 shall be for 

12 parts C, D, and E and subpart 4 of part F of title IV, 

13 and shall be made available without regard to sections 

14 4311, 4409(a), and 4601 of the ESEA: Provided further, 

15 That section 4303(d)(3)(A)(i) shall not apply to the funds 

16 available for part C of title IV: Provided further, That of 

17 the funds available for part C of title IV, the Secretary 

18 shall use $55,000,000 to carry out section 4304, of which 

19 not more than $10,000,000 shall be available to carry out 

20 section 4304(k), $135,000,000, to remain available 

21 through March 31, 2020, to carry out section 4305(b), 

22 and not more than $15,000,000 to carry out the activities 

23 in section 4305(a)(3): Provided further, That notwith24 standing section 4601(b), $130,000,000 shall be available 

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1 through December 31, 2019 for subpart 1 of part F of 

2 title IV. 

3 SAFE SCHOOLS AND CITIZENSHIP EDUCATION

4 For carrying out activities authorized by subparts 2 

5 and 3 of part F of title IV of the ESEA, $190,754,000: 

6 Provided, That $95,000,000 shall be available for section 

7 4631, of which up to $5,000,000, to remain available until 

8 expended, shall be for the Project School Emergency Re9 sponse to Violence (Project SERV) program: Provided fur10 ther, That $17,500,000 shall be available for section 4625: 

11 Provided further, That $78,254,000 shall be available 

12 through December 31, 2019, for section 4624. 

13 ENGLISH LANGUAGE ACQUISITION

14 For carrying out part A of title III of the ESEA, 

15 $737,400,000, which shall become available on July 1, 

16 2019, and shall remain available through September 30, 

17 2020, except that 6.5 percent of such amount shall be 

18 available on October 1, 2018, and shall remain available 

19 through September 30, 2020, to carry out activities under 

20 section 3111(c)(1)(C). 

21 SPECIAL EDUCATION

22 For carrying out the Individuals with Disabilities 

23 Education Act (IDEA) and the Special Olympics Sport 

24 and Empowerment Act of 2004, $13,468,728,000, of 

25 which $3,942,129,000 shall become available on July 1, 

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1 2019, and shall remain available through September 30, 

2 2020, and of which $9,283,383,000 shall become available 

3 on October 1, 2019, and shall remain available through 

4 September 30, 2020, for academic year 2019–2020: Pro5 vided, That the amount for section 611(b)(2) of the IDEA 

6 shall be equal to the lesser of the amount available for 

7 that activity during fiscal year 2018, increased by the 

8 amount of inflation as specified in section 619(d)(2)(B) 

9 of the IDEA, or the percent change in the funds appro10 priated under section 611(i) of the IDEA, but not less 

11 than the amount for that activity during fiscal year 2018: 

12 Provided further, That the Secretary shall, without regard 

13 to section 611(d) of the IDEA, distribute to all other 

14 States (as that term is defined in section 611(g)(2)), sub15 ject to the third proviso, any amount by which a State’s 

16 allocation under section 611, from funds appropriated 

17 under this heading, is reduced under section 

18 612(a)(18)(B), according to the following: 85 percent on 

19 the basis of the States’ relative populations of children 

20 aged 3 through 21 who are of the same age as children 

21 with disabilities for whom the State ensures the avail22 ability of a free appropriate public education under this 

23 part, and 15 percent to States on the basis of the States’ 

24 relative populations of those children who are living in pov25 erty: Provided further, That the Secretary may not disSeptember 12, 2018 (9:18 p.m.)
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1 tribute any funds under the previous proviso to any State 

2 whose reduction in allocation from funds appropriated 

3 under this heading made funds available for such a dis4 tribution: Provided further, That the States shall allocate 

5 such funds distributed under the second proviso to local 

6 educational agencies in accordance with section 611(f): 

7 Provided further, That the amount by which a State’s allo8 cation under section 611(d) of the IDEA is reduced under 

9 section 612(a)(18)(B) and the amounts distributed to 

10 States under the previous provisos in fiscal year 2012 or 

11 any subsequent year shall not be considered in calculating 

12 the awards under section 611(d) for fiscal year 2013 or 

13 for any subsequent fiscal years: Provided further, That, 

14 notwithstanding the provision in section 612(a)(18)(B) re15 garding the fiscal year in which a State’s allocation under 

16 section 611(d) is reduced for failure to comply with the 

17 requirement of section 612(a)(18)(A), the Secretary may 

18 apply the reduction specified in section 612(a)(18)(B) over 

19 a period of consecutive fiscal years, not to exceed five, 

20 until the entire reduction is applied: Provided further, 

21 That the Secretary may, in any fiscal year in which a 

22 State’s allocation under section 611 is reduced in accord23 ance with section 612(a)(18)(B), reduce the amount a 

24 State may reserve under section 611(e)(1) by an amount 

25 that bears the same relation to the maximum amount deSeptember 12, 2018 (9:18 p.m.)
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1 scribed in that paragraph as the reduction under section 

2 612(a)(18)(B) bears to the total allocation the State 

3 would have received in that fiscal year under section 

4 611(d) in the absence of the reduction: Provided further, 

5 That the Secretary shall either reduce the allocation of 

6 funds under section 611 for any fiscal year following the 

7 fiscal year for which the State fails to comply with the 

8 requirement of section 612(a)(18)(A) as authorized by 

9 section 612(a)(18)(B), or seek to recover funds under sec10 tion 452 of the General Education Provisions Act (20 

11 U.S.C. 1234a): Provided further, That the funds reserved 

12 under 611(c) of the IDEA may be used to provide tech13 nical assistance to States to improve the capacity of the 

14 States to meet the data collection requirements of sections 

15 616 and 618 and to administer and carry out other serv16 ices and activities to improve data collection, coordination, 

17 quality, and use under parts B and C of the IDEA: Pro18 vided further, That the Secretary may use funds made 

19 available for the State Personnel Development Grants pro20 gram under part D, subpart 1 of IDEA to evaluate pro21 gram performance under such subpart. 

22 REHABILITATION SERVICES

23 For carrying out, to the extent not otherwise pro24 vided, the Rehabilitation Act of 1973 and the Helen Keller 

25 National Center Act, $3,657,189,000, of which 

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1 $3,521,990,000 shall be for grants for vocational rehabili2 tation services under title I of the Rehabilitation Act: Pro3 vided, That the Secretary may use amounts provided in 

4 this Act that remain available subsequent to the reallot5 ment of funds to States pursuant to section 110(b) of the 

6 Rehabilitation Act for innovative activities aimed at im7 proving the outcomes of individuals with disabilities as de8 fined in section 7(20)(B) of the Rehabilitation Act, includ9 ing activities aimed at improving the education and post10 school outcomes of children receiving Supplemental Secu11 rity Income (‘‘SSI’’) and their families that may result 

12 in long-term improvement in the SSI child recipient’s eco13 nomic status and self-sufficiency: Provided further, That 

14 States may award subgrants for a portion of the funds 

15 to other public and private, nonprofit entities: Provided 

16 further, That any funds made available subsequent to real17 lotment for innovative activities aimed at improving the 

18 outcomes of individuals with disabilities shall remain avail19 able until September 30, 2020. 

20 SPECIAL INSTITUTIONS FOR PERSONS WITH

21 DISABILITIES

22 AMERICAN PRINTING HOUSE FOR THE BLIND

23 For carrying out the Act to promote the Education 

24 of the Blind of March 3, 1879, $30,431,000. 

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1 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

2 For the National Technical Institute for the Deaf 

3 under titles I and II of the Education of the Deaf Act 

4 of 1986, $77,500,000: Provided, That from the total 

5 amount available, the Institute may at its discretion use 

6 funds for the endowment program as authorized under 

7 section 207 of such Act. 

8 GALLAUDET UNIVERSITY

9 For the Kendall Demonstration Elementary School, 

10 the Model Secondary School for the Deaf, and the partial 

11 support of Gallaudet University under titles I and II of 

12 the Education of the Deaf Act of 1986, $134,361,000: 

13 Provided, That from the total amount available, the Uni14 versity may at its discretion use funds for the endowment 

15 program as authorized under section 207 of such Act. 

16 CAREER, TECHNICAL, AND ADULT EDUCATION

17 For carrying out, to the extent not otherwise pro18 vided, the Carl D. Perkins Career and Technical Edu19 cation Act of 2006 and the Adult Education and Family 

20 Literacy Act (‘‘AEFLA’’), $1,925,686,000, of which 

21 $1,134,686,000 shall become available on July 1, 2019, 

22 and shall remain available through September 30, 2020, 

23 and of which $791,000,000 shall become available on Oc24 tober 1, 2019, and shall remain available through Sep25 tember 30, 2020: Provided, That of the amounts made 

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1 available for AEFLA, $13,712,000 shall be for national 

2 leadership activities under section 242. 

3 STUDENT FINANCIAL ASSISTANCE

4 For carrying out subparts 1, 3, and 10 of part A, 

5 and part C of title IV of the HEA, $24,445,352,000, 

6 which shall remain available through September 30, 2020. 

7 The maximum Pell Grant for which a student shall 

8 be eligible during award year 2019–2020 shall be $5,135. 

9 STUDENT AID ADMINISTRATION

10 For Federal administrative expenses to carry out part 

11 D of title I, and subparts 1, 3, 9, and 10 of part A, and 

12 parts B, C, D, and E of title IV of the HEA, and subpart 

13 1 of part A of title VII of the Public Health Service Act, 

14 $1,678,943,000, to remain available through September 

15 30, 2020: Provided, That the Secretary shall allocate new 

16 student loan borrower accounts to eligible student loan 

17 servicers on the basis of their performance compared to 

18 all loan servicers utilizing established common metrics, 

19 and on the basis of the capacity of each servicer to process 

20 new and existing accounts: Provided further, That for stu21 dent loan contracts awarded prior to October 1, 2017, the 

22 Secretary shall allow student loan borrowers who are con23 solidating Federal student loans to select from any stu24 dent loan servicer to service their new consolidated student 

25 loan: Provided further, That in order to promote accountSeptember 12, 2018 (9:18 p.m.)
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1 ability and high-quality service to borrowers, the Secretary 

2 shall not award funding for any contract solicitation for 

3 a new Federal student loan servicing environment, includ4 ing the solicitation for the FSA Next Generation Proc5 essing and Servicing Environment as amended by the De6 partment of Education on February 20, 2018, unless such 

7 an environment provides for the participation of multiple 

8 student loan servicers that contract directly with the De9 partment of Education to manage a unique portfolio of 

10 borrower accounts and the full life-cycle of loans from dis11 bursement to pay-off with certain limited exceptions, and 

12 allocates student loan borrower accounts to eligible stu13 dent loan servicers based on performance: Provided fur14 ther, That such servicers described in the previous proviso 

15 shall be evaluated based on their ability to meet contract 

16 requirements, future performance on the contracts, and 

17 history of compliance with applicable consumer protections 

18 laws: Provided further, That to the extent Federal Student 

19 Aid (FSA) permits student loan servicing subcontracting, 

20 FSA shall hold prime contractors accountable for meeting 

21 the requirements of the contract, and the performance and 

22 expectations of subcontractors shall be accounted for in 

23 the prime contract and in the overall performance of the 

24 prime contractor: Provided further, That FSA shall ensure 

25 that the Next Generation Processing and Servicing EnviSeptember 12, 2018 (9:18 p.m.)
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1 ronment contracts incentivize more support to borrowers 

2 at risk of being distressed: Provided further, That the Sec3 retary shall provide quarterly briefings to the Committees 

4 on Appropriations and Education and the Workforce of 

5 the House of Representatives and the Committees on Ap6 propriations and Health, Education, Labor, and Pensions 

7 of the Senate on general progress related to solicitations 

8 for Federal student loan servicing contracts. 

9 HIGHER EDUCATION

10 For carrying out, to the extent not otherwise pro11 vided, titles II, III, IV, V, VI, and VII of the HEA, the 

12 Mutual Educational and Cultural Exchange Act of 1961, 

13 and section 117 of the Carl D. Perkins Career and Tech14 nical Education Act of 2006, $2,312,356,000: Provided, 

15 That notwithstanding any other provision of law, funds 

16 made available in this Act to carry out title VI of the HEA 

17 and section 102(b)(6) of the Mutual Educational and Cul18 tural Exchange Act of 1961 may be used to support visits 

19 and study in foreign countries by individuals who are par20 ticipating in advanced foreign language training and inter21 national studies in areas that are vital to United States 

22 national security and who plan to apply their language 

23 skills and knowledge of these countries in the fields of gov24 ernment, the professions, or international development: 

25 Provided further, That of the funds referred to in the preSeptember 12, 2018 (9:18 p.m.)
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1 ceding proviso up to 1 percent may be used for program 

2 evaluation, national outreach, and information dissemina3 tion activities: Provided further, That up to 1.5 percent 

4 of the funds made available under chapter 2 of subpart 

5 2 of part A of title IV of the HEA may be used for evalua6 tion. 

7 HOWARD UNIVERSITY

8 For partial support of Howard University, 

9 $236,518,000, of which not less than $3,405,000 shall be 

10 for a matching endowment grant pursuant to the Howard 

11 University Endowment Act and shall remain available 

12 until expended. 

13 COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS

14 PROGRAM

15 For Federal administrative expenses to carry out ac16 tivities related to existing facility loans pursuant to section 

17 121 of the HEA, $435,000. 

18 HISTORICALLY BLACK COLLEGE AND UNIVERSITY

19 CAPITAL FINANCING PROGRAM ACCOUNT

20 For the cost of guaranteed loans, $20,150,000, as au21 thorized pursuant to part D of title III of the HEA, which 

22 shall remain available through September 30, 2020: Pro23 vided, That such costs, including the cost of modifying 

24 such loans, shall be as defined in section 502 of the Con25 gressional Budget Act of 1974: Provided further, That 

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1 these funds are available to subsidize total loan principal, 

2 any part of which is to be guaranteed, not to exceed 

3 $580,000,000: Provided further, That these funds may be 

4 used to support loans to public and private Historically 

5 Black Colleges and Universities without regard to the limi6 tations within section 344(a) of the HEA. 

7 In addition, $20,000,000 shall be made available to 

8 provide for the deferment of loans made under part D of 

9 title III of the HEA to eligible institutions that are private 

10 Historically Black Colleges and Universities, which apply 

11 for the deferment of such a loan and demonstrate financial 

12 need for such deferment by having a score of 2.6 or less 

13 on the Department of Education’s financial responsibility 

14 test: Provided, That during the period of deferment of 

15 such a loan, interest on the loan will not accrue or be cap16 italized, and the period of deferment shall be for at least 

17 a period of 3-fiscal years and not more than 6-fiscal years: 

18 Provided further, That funds available under this para19 graph shall be used to fund eligible deferment requests 

20 submitted for this purpose in fiscal year 2018: Provided 

21 further, That the Secretary shall create and execute an 

22 outreach plan to work with States and the Capital Financ23 ing Advisory Board to improve outreach to States and help 

24 additional public Historically Black Colleges and Univer25 sities participate in the program. 

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1 In addition, for administrative expenses to carry out 

2 the Historically Black College and University Capital Fi3 nancing Program entered into pursuant to part D of title 

4 III of the HEA, $334,000. 

5 INSTITUTE OF EDUCATION SCIENCES

6 For carrying out activities authorized by the Edu7 cation Sciences Reform Act of 2002, the National Assess8 ment of Educational Progress Authorization Act, section 

9 208 of the Educational Technical Assistance Act of 2002, 

10 and section 664 of the Individuals with Disabilities Edu11 cation Act, $615,462,000, which shall remain available 

12 through September 30, 2020: Provided, That funds avail13 able to carry out section 208 of the Educational Technical 

14 Assistance Act may be used to link Statewide elementary 

15 and secondary data systems with early childhood, postsec16 ondary, and workforce data systems, or to further develop 

17 such systems: Provided further, That up to $6,000,000 of 

18 the funds available to carry out section 208 of the Edu19 cational Technical Assistance Act may be used for awards 

20 to public or private organizations or agencies to support 

21 activities to improve data coordination, quality, and use 

22 at the local, State, and national levels. 

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1 DEPARTMENTAL MANAGEMENT

2 PROGRAM ADMINISTRATION

3 For carrying out, to the extent not otherwise pro4 vided, the Department of Education Organization Act, in5 cluding rental of conference rooms in the District of Co6 lumbia and hire of three passenger motor vehicles, 

7 $430,000,000: Provided, That, notwithstanding any other 

8 provision of law, none of the funds provided by this Act 

9 or provided by previous Appropriations Acts to the De10 partment of Education available for obligation or expendi11 ture in the current fiscal year may be used for any activity 

12 relating to implementing a reorganization that decentral13 izes, reduces the staffing level, or alters the responsibil14 ities, structure, authority, or functionality of the Budget 

15 Service of the Department of Education, relative to the 

16 organization and operation of the Budget Service as in 

17 effect on January 1, 2018. 

18 OFFICE FOR CIVIL RIGHTS

19 For expenses necessary for the Office for Civil 

20 Rights, as authorized by section 203 of the Department 

21 of Education Organization Act, $125,000,000. 

22 OFFICE OF INSPECTOR GENERAL

23 For expenses necessary for the Office of Inspector 

24 General, as authorized by section 212 of the Department 

25 of Education Organization Act, $61,143,000. 

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1 GENERAL PROVISIONS

2 SEC. 301. No funds appropriated in this Act may be 

3 used to prevent the implementation of programs of vol4 untary prayer and meditation in the public schools. 

5 (TRANSFER OF FUNDS)

6 SEC. 302. Not to exceed 1 percent of any discre7 tionary funds (pursuant to the Balanced Budget and 

8 Emergency Deficit Control Act of 1985) which are appro9 priated for the Department of Education in this Act may 

10 be transferred between appropriations, but no such appro11 priation shall be increased by more than 3 percent by any 

12 such transfer: Provided, That the transfer authority 

13 granted by this section shall not be used to create any 

14 new program or to fund any project or activity for which 

15 no funds are provided in this Act: Provided further, That 

16 the Committees on Appropriations of the House of Rep17 resentatives and the Senate are notified at least 15 days 

18 in advance of any transfer. 

19 SEC. 303. Section 105(f)(1)(B)(ix) of the Compact 

20 of Free Association Amendments Act of 2003 (48 U.S.C. 

21 1921d(f)(1)(B)(ix)) shall be applied by substituting 

22 ‘‘2019’’ for ‘‘2009’’. 

23 SEC. 304. Funds appropriated in this Act and con24 solidated for evaluation purposes under section 8601(c) of 

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1 the ESEA shall be available from July 1, 2019, through 

2 September 30, 2020. 

3 SEC. 305. (a) An institution of higher education that 

4 maintains an endowment fund supported with funds ap5 propriated for title III or V of the HEA for fiscal year 

6 2019 may use the income from that fund to award schol7 arships to students, subject to the limitation in section 

8 331(c)(3)(B)(i) of the HEA. The use of such income for 

9 such purposes, prior to the enactment of this Act, shall 

10 be considered to have been an allowable use of that in11 come, subject to that limitation. 

12 (b) Subsection (a) shall be in effect until titles III 

13 and V of the HEA are reauthorized. 

14 SEC. 306. Section 114(f) of the HEA (20 U.S.C. 

15 1011c(f)) is amended by striking ‘‘2018’’ and inserting 

16 ‘‘2019’’. 

17 SEC. 307. Section 458(a) of the HEA (20 U.S.C. 

18 1087h(a)) is amended in paragraph (4) by striking 

19 ‘‘2018’’ and inserting ‘‘2019’’. 

20 SEC. 308. Funds appropriated in this Act under the 

21 heading ‘‘Student Aid Administration’’ may be available 

22 for payments for student loan servicing to an institution 

23 of higher education that services outstanding Federal Per24 kins Loans under part E of title IV of the Higher Edu25 cation Act of 1965 (20 U.S.C. 1087aa et seq.). 

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1 SEC. 309. (a) Section 455(f) of the Higher Education 

2 Act of 1965 (20 U.S.C. 1087e(f)) is amended— 

3 (1) by redesignating paragraphs (3) and (4) as 

4 paragraphs (4) and (5), respectively; and 

5 (2) by inserting after paragraph (2) the fol6 lowing: 

7 ‘‘(3) DEFERMENT FOR BORROWERS RECEIVING

8 CANCER TREATMENT.— 

9 ‘‘(A) EFFECT ON PRINCIPAL AND INTER10 EST.—A borrower of a loan made under this 

11 part who meets the requirements of subpara12 graph (B) shall be eligible for a deferment, dur13 ing which periodic installments of principal 

14 need not be paid, and interest shall not accrue. 

15 ‘‘(B) ELIGIBILITY.—A borrower of a loan 

16 made under this part shall be eligible for a 

17 deferment during— 

18 ‘‘(i) any period in which such bor19 rower is receiving treatment for cancer; 

20 and 

21 ‘‘(ii) the 6 months after such period. 

22 ‘‘(C) APPLICABILITY.—This paragraph 

23 shall apply with respect to loans— 

24 ‘‘(i) made on or after the date of the 

25 enactment of this paragraph; or 

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1 ‘‘(ii) in repayment on the date of the 

2 enactment of this paragraph.’’. 

3 (b) Section 427(a)(2)(C) of the Higher Education 

4 Act of 1965 (20 U.S.C. 1077(a)(2)(C)) is amended— 

5 (1) in clause (ii), by striking ‘‘; or’’ and insert6 ing a semicolon; 

7 (2) in clause (iii), by inserting ‘‘or’’ after the 

8 semicolon; and 

9 (3) by inserting after clause (iii) the following: 

10 ‘‘(iv) in which the borrower is receiv11 ing treatment for cancer and the 6 months 

12 after such period.’’. 

13 (c) Section 428(b)(1)(M) of the Higher Education 

14 Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended— 

15 (1) in clause (iii), by striking ‘‘or (II); or’’ and 

16 inserting a ‘‘or (II);’’; 

17 (2) in clause (iv), by inserting ‘‘or’’ after the 

18 semicolon; and 

19 (3) by adding at the end the following: 

20 ‘‘(v) during which the borrower is re21 ceiving treatment for cancer and the 6 

22 months after such period;’’. 

23 (d) Section 464(c)(2) of the Higher Education Act 

24 of 1965 (20 U.S.C. 1087dd(c)(2)) is amended— 

25 (1) in subparagraph (A)— 

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1 (A) in clause (iv), by striking ‘‘; or’’ and 

2 inserting a semicolon; 

3 (B) in clause (v), by inserting ‘‘or’’ after 

4 the semicolon; and 

5 (C) by inserting after clause (v) the fol6 lowing: 

7 ‘‘(vi) during which the borrower is receiv8 ing treatment for cancer and the 6 months 

9 after such period;’’. 

10 (e) Section 428H(e)(2) of the Higher Education Act 

11 of 1965 (20 U.S.C. 1078–8(e)(2)) is amended— 

12 (1) in subparagraph (A), by striking ‘‘Interest’’ 

13 and inserting, ‘‘Except as provided in subparagraph 

14 (C), interest’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(C) Interest shall not accrue on a loan de17 ferred under section 428(b)(1)(M)(v) or 

18 427(a)(2)(C)(iv).’’. 

19 (f) The amendments made by this Act shall apply 

20 with respect to loans— 

21 (1) made on or after the date of the enactment 

22 of this Act; or 

23 (2) in repayment on the date of the enactment 

24 of this Act. 

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1 (RESCISSION)

2 SEC. 310. Of the unobligated balances available 

3 under the heading ‘‘Student Financial Assistance’’ for car4 rying out subpart 1 of part A of title IV of the HEA, 

5 $600,000,000 are hereby rescinded. 

6 (RESCISSION)

7 SEC. 311. Section 401(b)(7)(A)(iv)(IX) of the Higher 

8 Education Act of 1965 (20 U.S.C. 

9 1070a(b)(7)(A)(iv)(IX)) is amended by striking 

10 ‘‘$1,409,000,000’’ and inserting ‘‘$1,370,000,000’’. 

11 SEC. 312. (a) An institution of higher education may, 

12 with explicit written consent of an applicant who has com13 pleted a FAFSA under such section 483(a), provide such 

14 information collected from the applicant’s FAFSA as is 

15 necessary to a scholarship granting organization, includ16 ing a tribal organization (defined in section 4 of the Indian 

17 Self-Determination and Education Assistance Act (25 

18 U.S.C. 5304)), or to an organization assisting the appli19 cant in applying for and receiving Federal, State, local, 

20 or tribal assistance, that is designated by the applicant 

21 to assist the applicant in applying for and receiving finan22 cial assistance for any component of the applicant’s cost 

23 of attendance (defined in section 472 of the HEA) at that 

24 institution. 

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1 (b) An organization that receives information pursu2 ant to subsection (a) shall not sell or otherwise share such 

3 information. 

4 (c) This section shall be in effect until title IV of the 

5 HEA is reauthorized. 

6 SEC. 313. For an additional amount for ‘‘Department 

7 of Education—Federal Direct Student Loan Program Ac8 count’’, $350,000,000, to remain available until expended, 

9 shall be for the cost, as defined under section 502 of the 

10 Congressional Budget Act of 1974, of the Secretary of 

11 Education providing loan cancellation in the same manner 

12 as under section 455(m) of the Higher Education Act of 

13 1965 (20 U.S.C. 1087e(m)), for borrowers of loans made 

14 under part D of title IV of such Act who would qualify 

15 for loan cancellation under section 455(m) except some, 

16 or all, of the 120 required payments under section 

17 455(m)(1)(A) do not qualify for purposes of the program 

18 because they were monthly payments made in accordance 

19 with graduated or extended repayment plans as described 

20 under subparagraph (B) or (C) of section 455(d)(1) or 

21 the corresponding repayment plan for a consolidation loan 

22 made under section 455(g) and that were less than the 

23 amount calculated under section 455(d)(1)(A), based on 

24 a 10-year repayment period: Provided, That the monthly 

25 payment made 12 months before the borrower applied for 

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1 loan cancellation as described in the matter preceding this 

2 proviso and the most recent monthly payment made by 

3 the borrower at the time of such application were each 

4 not less than the monthly amount that would be calculated 

5 under, and for which the borrower would otherwise qualify 

6 for, clause (i) or (iv) of section 455(m)(1)(A) regarding 

7 income-based or income-contingent repayment plans, with 

8 exception for a borrower who would have otherwise been 

9 eligible under this section but demonstrates an unusual 

10 fluctuation of income over the past 5 years: Provided fur11 ther, That the total loan volume, including outstanding 

12 principal, fees, capitalized interest, or accrued interest, at 

13 application that is eligible for such loan cancellation by 

14 such borrowers shall not exceed $500,000,000: Provided 

15 further, That the Secretary shall develop and make avail16 able a simple method for borrowers to apply for loan can17 cellation under this section within 60 days of enactment 

18 of this Act: Provided further, That the Secretary shall pro19 vide loan cancellation under this section to eligible bor20 rowers on a first-come, first-serve basis, based on the date 

21 of application and subject to both the limitation on total 

22 loan volume at application for such loan cancellation speci23 fied in the second proviso and the availability of appropria24 tions under this section: Provided further, That no bor25 rower may, for the same service, receive a reduction of 

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1 loan obligations under both this section and section 428J, 

2 428K, 428L, or 460 of such Act. 

3 SEC. 314. Of the amounts made available under this 

4 title under the heading ‘‘Student Aid Administration’’, 

5 $2,300,000 shall be used by the Secretary of Education 

6 to conduct outreach to borrowers of loans made under part 

7 D of title IV of the Higher Education Act of 1965 who 

8 may intend to qualify for loan cancellation under section 

9 455(m) of such Act (20 U.S.C. 1087e(m)), to ensure that 

10 borrowers are meeting the terms and conditions of such 

11 loan cancellation: Provided, That the Secretary shall spe12 cifically conduct outreach to assist borrowers who would 

13 qualify for loan cancellation under section 455(m) of such 

14 Act except that the borrower has made some, or all, of 

15 the 120 required payments under a repayment plan that 

16 is not described under section 455(m)(A) of such Act, to 

17 encourage borrowers to enroll in a qualifying repayment 

18 plan: Provided further, That the Secretary shall also com19 municate to all Direct Loan borrowers the full require20 ments of section 455(m) of such Act and improve the fil21 ing of employment certification by providing improved out22 reach and information such as outbound calls, electronic 

23 communications, ensuring prominent access to program 

24 requirements and benefits on each servicer’s website, and 

25 creating an option for all borrowers to complete the entire 

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1 payment certification process electronically and on a cen2 tralized website. 

3 SEC. 315. (a) For any local educational agency that 

4 for fiscal year 2018, had an enrollment of eligible Feder5 ally connected children that was at least 35 percent of the 

6 agency’s total student enrollment and a per-pupil expendi7 ture that was less than the average per-pupil expenditure 

8 of the State or of all the States, and was determined ineli9 gible to receive a payment under section 7003(b)(2)(A) of 

10 the Elementary and Secondary Education Act of 1965 for 

11 failing to meet the average tax rate requirement for gen12 eral fund purposes in section 7003(b)(2)(B)(i)(V)(bb), 

13 and whose calculated payment amount under section 

14 7003(b) for the three years following fiscal year 2019 is 

15 less than 80 percent of the amount received for fiscal year 

16 2019, the Secretary shall pay the local educational agency 

17 for the following three years not less than 90 percent of 

18 the total amount the local educational agency received 

19 under section 7003(b)(2) for fiscal year 2017 if such local 

20 educational agency— 

21 (1) previously received a payment under section 

22 7003(b)(2)(A) but did not receive a payment under 

23 section 7003(b)(2)(B)(ii) (or any predecessor of such 

24 provision) for each of fiscal years 2015 through 

25 2017; and 

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1 (2) was considered a local educational agency 

2 described in section 7003(b)(2)(B)(i)(V) (or any 

3 predecessor of such provision) for each such fiscal 

4 year. 

5 (b) For fiscal year 2020 and succeeding fiscal years, 

6 if a local educational agency described in subsection (a) 

7 is eligible to receive a basic support payment pursuant to 

8 section 7003(b)(2) of the Elementary and Secondary Edu9 cation Act of 1965 (20 U.S.C. 7703(b)(2)), the payment 

10 received by the local educational agency shall be calculated 

11 under section 7003(b)(2) of such Act and not under sub12 section (a). 

13 This title may be cited as the ‘‘Department of Edu14 cation Appropriations Act, 2019’’. 

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1 TITLE IV 

2 RELATED AGENCIES 

3 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE

4 BLIND OR SEVERELY DISABLED

5 SALARIES AND EXPENSES

6 For expenses necessary for the Committee for Pur7 chase From People Who Are Blind or Severely Disabled 

8 (referred to in this title as ‘‘the Committee’’) established 

9 under section 8502 of title 41, United States Code, 

10 $8,250,000: Provided, That in order to authorize any cen11 tral nonprofit agency designated pursuant to section 

12 8503(c) of title 41, United States Code, to perform re13 quirements of the Committee as prescribed under section 

14 51–3.2 of title 41, Code of Federal Regulations, the Com15 mittee shall enter into a written agreement with any such 

16 central nonprofit agency: Provided further, That such 

17 agreement shall contain such auditing, oversight, and re18 porting provisions as necessary to implement chapter 85 

19 of title 41, United States Code: Provided further, That 

20 such agreement shall include the elements listed under the 

21 heading ‘‘Committee For Purchase From People Who Are 

22 Blind or Severely Disabled—Written Agreement Ele23 ments’’ in the explanatory statement described in section 

24 4 of Public Law 114–113 (in the matter preceding division 

25 A of that consolidated Act): Provided further, That any 

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1 such central nonprofit agency may not charge a fee under 

2 section 51–3.5 of title 41, Code of Federal Regulations, 

3 prior to executing a written agreement with the Com4 mittee: Provided further, That no less than $1,250,000 

5 shall be available for the Office of Inspector General. 

6 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

7 OPERATING EXPENSES

8 For necessary expenses for the Corporation for Na9 tional and Community Service (referred to in this title as 

10 ‘‘CNCS’’) to carry out the Domestic Volunteer Service Act 

11 of 1973 (referred to in this title as ‘‘1973 Act’’) and the 

12 National and Community Service Act of 1990 (referred 

13 to in this title as ‘‘1990 Act’’), $786,629,000, notwith14 standing sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 

15 501(a)(4)(F) of the 1990 Act: Provided, That of the 

16 amounts provided under this heading: (1) up to 1 percent 

17 of program grant funds may be used to defray the costs 

18 of conducting grant application reviews, including the use 

19 of outside peer reviewers and electronic management of 

20 the grants cycle; (2) $17,538,000 shall be available to pro21 vide assistance to State commissions on national and com22 munity service, under section 126(a) of the 1990 Act and 

23 notwithstanding section 501(a)(5)(B) of the 1990 Act; (3) 

24 $32,000,000 shall be available to carry out subtitle E of 

25 the 1990 Act; and (4) $5,400,000 shall be available for 

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1 expenses authorized under section 501(a)(4)(F) of the 

2 1990 Act, which, notwithstanding the provisions of section 

3 198P shall be awarded by CNCS on a competitive basis: 

4 Provided further, That for the purposes of carrying out 

5 the 1990 Act, satisfying the requirements in section 

6 122(c)(1)(D) may include a determination of need by the 

7 local community. 

8 PAYMENT TO THE NATIONAL SERVICE TRUST

9 (INCLUDING TRANSFER OF FUNDS)

10 For payment to the National Service Trust estab11 lished under subtitle D of title I of the 1990 Act, 

12 $206,842,000, to remain available until expended: Pro13 vided, That CNCS may transfer additional funds from the 

14 amount provided within ‘‘Operating Expenses’’ allocated 

15 to grants under subtitle C of title I of the 1990 Act to 

16 the National Service Trust upon determination that such 

17 transfer is necessary to support the activities of national 

18 service participants and after notice is transmitted to the 

19 Committees on Appropriations of the House of Represent20 atives and the Senate: Provided further, That amounts ap21 propriated for or transferred to the National Service Trust 

22 may be invested under section 145(b) of the 1990 Act 

23 without regard to the requirement to apportion funds 

24 under 31 U.S.C. 1513(b). 

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1 SALARIES AND EXPENSES

2 For necessary expenses of administration as provided 

3 under section 501(a)(5) of the 1990 Act and under section 

4 504(a) of the 1973 Act, including payment of salaries, au5 thorized travel, hire of passenger motor vehicles, the rental 

6 of conference rooms in the District of Columbia, the em7 ployment of experts and consultants authorized under 5 

8 U.S.C. 3109, and not to exceed $2,500 for official recep9 tion and representation expenses, $83,737,000. 

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector 

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

13 $5,750,000. 

14 ADMINISTRATIVE PROVISIONS

15 SEC. 401. CNCS shall make any significant changes 

16 to program requirements, service delivery or policy only 

17 through public notice and comment rulemaking. For fiscal 

18 year 2019, during any grant selection process, an officer 

19 or employee of CNCS shall not knowingly disclose any cov20 ered grant selection information regarding such selection, 

21 directly or indirectly, to any person other than an officer 

22 or employee of CNCS that is authorized by CNCS to re23 ceive such information. 

24 SEC. 402. AmeriCorps programs receiving grants 

25 under the National Service Trust program shall meet an 

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1 overall minimum share requirement of 24 percent for the 

2 first 3 years that they receive AmeriCorps funding, and 

3 thereafter shall meet the overall minimum share require4 ment as provided in section 2521.60 of title 45, Code of 

5 Federal Regulations, without regard to the operating costs 

6 match requirement in section 121(e) or the member sup7 port Federal share limitations in section 140 of the 1990 

8 Act, and subject to partial waiver consistent with section 

9 2521.70 of title 45, Code of Federal Regulations. 

10 SEC. 403. Donations made to CNCS under section 

11 196 of the 1990 Act for the purposes of financing pro12 grams and operations under titles I and II of the 1973 

13 Act or subtitle B, C, D, or E of title I of the 1990 Act 

14 shall be used to supplement and not supplant current pro15 grams and operations. 

16 SEC. 404. In addition to the requirements in section 

17 146(a) of the 1990 Act, use of an educational award for 

18 the purpose described in section 148(a)(4) shall be limited 

19 to individuals who are veterans as defined under section 

20 101 of the Act. 

21 SEC. 405. For the purpose of carrying out section 

22 189D of the 1990 Act— 

23 (1) entities described in paragraph (a) of such 

24 section shall be considered ‘‘qualified entities’’ under 

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1 section 3 of the National Child Protection Act of 

2 1993 (‘‘NCPA’’); 

3 (2) individuals described in such section shall 

4 be considered ‘‘volunteers’’ under section 3 of 

5 NCPA; and 

6 (3) State Commissions on National and Com7 munity Service established pursuant to section 178 

8 of the 1990 Act, are authorized to receive criminal 

9 history record information, consistent with Public 

10 Law 92–544. 

11 SEC. 406. Notwithstanding sections 139(b), 146 and 

12 147 of the 1990 Act, an individual who successfully com13 pletes a term of service of not less than 1,200 hours dur14 ing a period of not more than one year may receive a na15 tional service education award having a value of 70 per16 cent of the value of a national service education award 

17 determined under section 147(a) of the Act. 

18 CORPORATION FOR PUBLIC BROADCASTING

19 For payment to the Corporation for Public Broad20 casting (‘‘CPB’’), as authorized by the Communications 

21 Act of 1934, an amount which shall be available within 

22 limitations specified by that Act, for the fiscal year 2021, 

23 $445,000,000: Provided, That none of the funds made 

24 available to CPB by this Act shall be used to pay for re25 ceptions, parties, or similar forms of entertainment for 

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1 Government officials or employees: Provided further, That 

2 none of the funds made available to CPB by this Act shall 

3 be available or used to aid or support any program or ac4 tivity from which any person is excluded, or is denied ben5 efits, or is discriminated against, on the basis of race, 

6 color, national origin, religion, or sex: Provided further, 

7 That none of the funds made available to CPB by this 

8 Act shall be used to apply any political test or qualification 

9 in selecting, appointing, promoting, or taking any other 

10 personnel action with respect to officers, agents, and em11 ployees of CPB: Provided further, That none of the funds 

12 made available to CPB by this Act shall be used to support 

13 the Television Future Fund or any similar purpose. 

14 In addition, for the costs associated with replacing 

15 and upgrading the public broadcasting interconnection 

16 system and other technologies and services that create in17 frastructure and efficiencies within the public media sys18 tem, $20,000,000. 

19 FEDERAL MEDIATION AND CONCILIATION SERVICE

20 SALARIES AND EXPENSES

21 For expenses necessary for the Federal Mediation 

22 and Conciliation Service (‘‘Service’’) to carry out the func23 tions vested in it by the Labor-Management Relations Act, 

24 1947, including hire of passenger motor vehicles; for ex25 penses necessary for the Labor-Management Cooperation 

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1 Act of 1978; and for expenses necessary for the Service 

2 to carry out the functions vested in it by the Civil Service 

3 Reform Act, $46,650,000, including up to $900,000 to re4 main available through September 30, 2020, for activities 

5 authorized by the Labor-Management Cooperation Act of 

6 1978: Provided, That notwithstanding 31 U.S.C. 3302, 

7 fees charged, up to full-cost recovery, for special training 

8 activities and other conflict resolution services and tech9 nical assistance, including those provided to foreign gov10 ernments and international organizations, and for arbitra11 tion services shall be credited to and merged with this ac12 count, and shall remain available until expended: Provided 

13 further, That fees for arbitration services shall be available 

14 only for education, training, and professional development 

15 of the agency workforce: Provided further, That the Direc16 tor of the Service is authorized to accept and use on behalf 

17 of the United States gifts of services and real, personal, 

18 or other property in the aid of any projects or functions 

19 within the Director’s jurisdiction. 

20 FEDERAL MINE SAFETY AND HEALTH REVIEW

21 COMMISSION

22 SALARIES AND EXPENSES

23 For expenses necessary for the Federal Mine Safety 

24 and Health Review Commission, $17,184,000. 

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1 INSTITUTE OF MUSEUM AND LIBRARY SERVICES

2 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS

3 AND ADMINISTRATION

4 For carrying out the Museum and Library Services 

5 Act of 1996 and the National Museum of African Amer6 ican History and Culture Act, $242,000,000. 

7 MEDICAID AND CHIP PAYMENT AND ACCESS

8 COMMISSION

9 SALARIES AND EXPENSES

10 For expenses necessary to carry out section 1900 of 

11 the Social Security Act, $8,480,000. 

12 MEDICARE PAYMENT ADVISORY COMMISSION

13 SALARIES AND EXPENSES

14 For expenses necessary to carry out section 1805 of 

15 the Social Security Act, $12,545,000, to be transferred to 

16 this appropriation from the Federal Hospital Insurance 

17 Trust Fund and the Federal Supplementary Medical In18 surance Trust Fund. 

19 NATIONAL COUNCIL ON DISABILITY

20 SALARIES AND EXPENSES

21 For expenses necessary for the National Council on 

22 Disability as authorized by title IV of the Rehabilitation 

23 Act of 1973, $3,250,000. 

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1 NATIONAL LABOR RELATIONS BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary for the National Labor Rela4 tions Board to carry out the functions vested in it by the 

5 Labor-Management Relations Act, 1947, and other laws, 

6 $274,224,000: Provided, That no part of this appropria7 tion shall be available to organize or assist in organizing 

8 agricultural laborers or used in connection with investiga9 tions, hearings, directives, or orders concerning bargaining 

10 units composed of agricultural laborers as referred to in 

11 section 2(3) of the Act of July 5, 1935, and as amended 

12 by the Labor-Management Relations Act, 1947, and as de13 fined in section 3(f) of the Act of June 25, 1938, and 

14 including in said definition employees engaged in the 

15 maintenance and operation of ditches, canals, reservoirs, 

16 and waterways when maintained or operated on a mutual, 

17 nonprofit basis and at least 95 percent of the water stored 

18 or supplied thereby is used for farming purposes. 

19 ADMINISTRATIVE PROVISIONS

20 SEC. 407. None of the funds provided by this Act 

21 or previous Acts making appropriations for the National 

22 Labor Relations Board may be used to issue any new ad23 ministrative directive or regulation that would provide em24 ployees any means of voting through any electronic means 

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1 in an election to determine a representative for the pur2 poses of collective bargaining. 

3 NATIONAL MEDIATION BOARD

4 SALARIES AND EXPENSES

5 For expenses necessary to carry out the provisions 

6 of the Railway Labor Act, including emergency boards ap7 pointed by the President, $13,800,000. 

8 OCCUPATIONAL SAFETY AND HEALTH REVIEW

9 COMMISSION

10 SALARIES AND EXPENSES

11 For expenses necessary for the Occupational Safety 

12 and Health Review Commission, $13,225,000. 

13 RAILROAD RETIREMENT BOARD

14 DUAL BENEFITS PAYMENTS ACCOUNT

15 For payment to the Dual Benefits Payments Ac16 count, authorized under section 15(d) of the Railroad Re17 tirement Act of 1974, $19,000,000, which shall include 

18 amounts becoming available in fiscal year 2019 pursuant 

19 to section 224(c)(1)(B) of Public Law 98–76; and in addi20 tion, an amount, not to exceed 2 percent of the amount 

21 provided herein, shall be available proportional to the 

22 amount by which the product of recipients and the average 

23 benefit received exceeds the amount available for payment 

24 of vested dual benefits: Provided, That the total amount 

25 provided herein shall be credited in 12 approximately 

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1 equal amounts on the first day of each month in the fiscal 

2 year. 

3 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT

4 ACCOUNTS

5 For payment to the accounts established in the 

6 Treasury for the payment of benefits under the Railroad 

7 Retirement Act for interest earned on unnegotiated 

8 checks, $150,000, to remain available through September 

9 30, 2020, which shall be the maximum amount available 

10 for payment pursuant to section 417 of Public Law 98– 

11 76. 

12 LIMITATION ON ADMINISTRATION

13 For necessary expenses for the Railroad Retirement 

14 Board (‘‘Board’’) for administration of the Railroad Re15 tirement Act and the Railroad Unemployment Insurance 

16 Act, $123,500,000, to be derived in such amounts as de17 termined by the Board from the railroad retirement ac18 counts and from moneys credited to the railroad unem19 ployment insurance administration fund: Provided, That 

20 notwithstanding section 7(b)(9) of the Railroad Retire21 ment Act this limitation may be used to hire attorneys 

22 only through the excepted service: Provided further, That 

23 the previous proviso shall not change the status under 

24 Federal employment laws of any attorney hired by the 

25 Railroad Retirement Board prior to January 1, 2013: ProSeptember 12, 2018 (9:18 p.m.)
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1 vided further, That $10,000,000, to remain available until 

2 expended, shall be used to supplement, not supplant, exist3 ing resources devoted to operations and improvements for 

4 the Board’s Information Technology Investment Initia5 tives. 

6 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

7 For expenses necessary for the Office of Inspector 

8 General for audit, investigatory and review activities, as 

9 authorized by the Inspector General Act of 1978, not more 

10 than $11,000,000, to be derived from the railroad retire11 ment accounts and railroad unemployment insurance ac12 count. 

13 SOCIAL SECURITY ADMINISTRATION

14 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

15 For payment to the Federal Old-Age and Survivors 

16 Insurance Trust Fund and the Federal Disability Insur17 ance Trust Fund, as provided under sections 201(m) and 

18 1131(b)(2) of the Social Security Act, $11,000,000. 

19 SUPPLEMENTAL SECURITY INCOME PROGRAM

20 For carrying out titles XI and XVI of the Social Se21 curity Act, section 401 of Public Law 92–603, section 212 

22 of Public Law 93–66, as amended, and section 405 of 

23 Public Law 95–216, including payment to the Social Secu24 rity trust funds for administrative expenses incurred pur25 suant to section 201(g)(1) of the Social Security Act, 

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1 $41,366,203,000, to remain available until expended: Pro2 vided, That any portion of the funds provided to a State 

3 in the current fiscal year and not obligated by the State 

4 during that year shall be returned to the Treasury: Pro5 vided further, That not more than $101,000,000 shall be 

6 available for research and demonstrations under sections 

7 1110, 1115, and 1144 of the Social Security Act, and re8 main available through September 30, 2021. 

9 For making, after June 15 of the current fiscal year, 

10 benefit payments to individuals under title XVI of the So11 cial Security Act, for unanticipated costs incurred for the 

12 current fiscal year, such sums as may be necessary. 

13 For making benefit payments under title XVI of the 

14 Social Security Act for the first quarter of fiscal year 

15 2020, $19,700,000,000, to remain available until ex16 pended. 

17 LIMITATION ON ADMINISTRATIVE EXPENSES

18 For necessary expenses, including the hire of two pas19 senger motor vehicles, and not to exceed $20,000 for offi20 cial reception and representation expenses, not more than 

21 $12,741,945,000 may be expended, as authorized by sec22 tion 201(g)(1) of the Social Security Act, from any one 

23 or all of the trust funds referred to in such section: Pro24 vided, That not less than $2,400,000 shall be for the So25 cial Security Advisory Board: Provided further, That 

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1 $45,000,000 shall remain available until expended for in2 formation technology modernization, including related 

3 hardware and software infrastructure and equipment, and 

4 for administrative expenses directly associated with infor5 mation technology modernization: Provided further, That 

6 $100,000,000 shall remain available through September 

7 30, 2020, for activities to address the disability hearings 

8 backlog within the Office of Hearings Operations: Pro9 vided further, That unobligated balances of funds provided 

10 under this paragraph at the end of fiscal year 2019 not 

11 needed for fiscal year 2019 shall remain available until 

12 expended to invest in the Social Security Administration 

13 information technology and telecommunications hardware 

14 and software infrastructure, including related equipment 

15 and non-payroll administrative expenses associated solely 

16 with this information technology and telecommunications 

17 infrastructure: Provided further, That the Commissioner 

18 of Social Security shall notify the Committees on Appro19 priations of the House of Representatives and the Senate 

20 prior to making unobligated balances available under the 

21 authority in the previous proviso: Provided further, That 

22 reimbursement to the trust funds under this heading for 

23 expenditures for official time for employees of the Social 

24 Security Administration pursuant to 5 U.S.C. 7131, and 

25 for facilities or support services for labor organizations 

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1 pursuant to policies, regulations, or procedures referred 

2 to in section 7135(b) of such title shall be made by the 

3 Secretary of the Treasury, with interest, from amounts in 

4 the general fund not otherwise appropriated, as soon as 

5 possible after such expenditures are made. 

6 Of the total amount made available in the first para7 graph under this heading, not more than $1,683,000,000, 

8 to remain available through March 31, 2020, is for the 

9 costs associated with continuing disability reviews under 

10 titles II and XVI of the Social Security Act, including 

11 work-related continuing disability reviews to determine 

12 whether earnings derived from services demonstrate an in13 dividual’s ability to engage in substantial gainful activity, 

14 for the cost associated with conducting redeterminations 

15 of eligibility under title XVI of the Social Security Act, 

16 for the cost of co-operative disability investigation units, 

17 and for the cost associated with the prosecution of fraud 

18 in the programs and operations of the Social Security Ad19 ministration by Special Assistant United States Attorneys: 

20 Provided, That, of such amount, $273,000,000 is provided 

21 to meet the terms of section 251(b)(2)(B)(ii)(III) of the 

22 Balanced Budget and Emergency Deficit Control Act of 

23 1985, as amended, and $1,410,000,000 is additional new 

24 budget authority specified for purposes of section 

25 251(b)(2)(B) of such Act: Provided further, That, of the 

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1 additional new budget authority described in the preceding 

2 proviso, up to $10,000,000 may be transferred to the ‘‘Of3 fice of Inspector General’’, Social Security Administration, 

4 for the cost of jointly operated co-operative disability in5 vestigation units: Provided further, That such transfer au6 thority is in addition to any other transfer authority pro7 vided by law: Provided further, That the Commissioner 

8 shall provide to the Congress (at the conclusion of the fis9 cal year) a report on the obligation and expenditure of 

10 these funds, similar to the reports that were required by 

11 section 103(d)(2) of Public Law 104–121 for fiscal years 

12 1996 through 2002. 

13 In addition, $134,000,000 to be derived from admin14 istration fees in excess of $5.00 per supplementary pay15 ment collected pursuant to section 1616(d) of the Social 

16 Security Act or section 212(b)(3) of Public Law 93–66, 

17 which shall remain available until expended. To the extent 

18 that the amounts collected pursuant to such sections in 

19 fiscal year 2019 exceed $134,000,000, the amounts shall 

20 be available in fiscal year 2020 only to the extent provided 

21 in advance in appropriations Acts. 

22 In addition, up to $1,000,000 to be derived from fees 

23 collected pursuant to section 303(c) of the Social Security 

24 Protection Act, which shall remain available until ex25 pended. 

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1 OFFICE OF INSPECTOR GENERAL

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses necessary for the Office of Inspector 

4 General in carrying out the provisions of the Inspector 

5 General Act of 1978, $30,000,000, together with not to 

6 exceed $75,500,000, to be transferred and expended as 

7 authorized by section 201(g)(1) of the Social Security Act 

8 from the Federal Old-Age and Survivors Insurance Trust 

9 Fund and the Federal Disability Insurance Trust Fund. 

10 In addition, an amount not to exceed 3 percent of 

11 the total provided in this appropriation may be transferred 

12 from the ‘‘Limitation on Administrative Expenses’’, Social 

13 Security Administration, to be merged with this account, 

14 to be available for the time and purposes for which this 

15 account is available: Provided, That notice of such trans16 fers shall be transmitted promptly to the Committees on 

17 Appropriations of the House of Representatives and the 

18 Senate at least 15 days in advance of any transfer. 

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1 TITLE V 

2 GENERAL PROVISIONS 

3 (TRANSFER OF FUNDS)

4 SEC. 501. The Secretaries of Labor, Health and 

5 Human Services, and Education are authorized to transfer 

6 unexpended balances of prior appropriations to accounts 

7 corresponding to current appropriations provided in this 

8 Act. Such transferred balances shall be used for the same 

9 purpose, and for the same periods of time, for which they 

10 were originally appropriated. 

11 SEC. 502. No part of any appropriation contained in 

12 this Act shall remain available for obligation beyond the 

13 current fiscal year unless expressly so provided herein. 

14 SEC. 503. (a) No part of any appropriation contained 

15 in this Act or transferred pursuant to section 4002 of 

16 Public Law 111–148 shall be used, other than for normal 

17 and recognized executive-legislative relationships, for pub18 licity or propaganda purposes, for the preparation, dis19 tribution, or use of any kit, pamphlet, booklet, publication, 

20 electronic communication, radio, television, or video pres21 entation designed to support or defeat the enactment of 

22 legislation before the Congress or any State or local legis23 lature or legislative body, except in presentation to the 

24 Congress or any State or local legislature itself, or de25 signed to support or defeat any proposed or pending reguSeptember 12, 2018 (9:18 p.m.)
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1 lation, administrative action, or order issued by the execu2 tive branch of any State or local government, except in 

3 presentation to the executive branch of any State or local 

4 government itself. 

5 (b) No part of any appropriation contained in this 

6 Act or transferred pursuant to section 4002 of Public Law 

7 111–148 shall be used to pay the salary or expenses of 

8 any grant or contract recipient, or agent acting for such 

9 recipient, related to any activity designed to influence the 

10 enactment of legislation, appropriations, regulation, ad11 ministrative action, or Executive order proposed or pend12 ing before the Congress or any State government, State 

13 legislature or local legislature or legislative body, other 

14 than for normal and recognized executive-legislative rela15 tionships or participation by an agency or officer of a 

16 State, local or tribal government in policymaking and ad17 ministrative processes within the executive branch of that 

18 government. 

19 (c) The prohibitions in subsections (a) and (b) shall 

20 include any activity to advocate or promote any proposed, 

21 pending or future Federal, State or local tax increase, or 

22 any proposed, pending, or future requirement or restric23 tion on any legal consumer product, including its sale or 

24 marketing, including but not limited to the advocacy or 

25 promotion of gun control. 

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1 SEC. 504. The Secretaries of Labor and Education 

2 are authorized to make available not to exceed $28,000 

3 and $20,000, respectively, from funds available for sala4 ries and expenses under titles I and III, respectively, for 

5 official reception and representation expenses; the Direc6 tor of the Federal Mediation and Conciliation Service is 

7 authorized to make available for official reception and rep8 resentation expenses not to exceed $5,000 from the funds 

9 available for ‘‘Federal Mediation and Conciliation Service, 

10 Salaries and Expenses’’; and the Chairman of the Na11 tional Mediation Board is authorized to make available for 

12 official reception and representation expenses not to ex13 ceed $5,000 from funds available for ‘‘National Mediation 

14 Board, Salaries and Expenses’’. 

15 SEC. 505. When issuing statements, press releases, 

16 requests for proposals, bid solicitations and other docu17 ments describing projects or programs funded in whole or 

18 in part with Federal money, all grantees receiving Federal 

19 funds included in this Act, including but not limited to 

20 State and local governments and recipients of Federal re21 search grants, shall clearly state— 

22 (1) the percentage of the total costs of the pro23 gram or project which will be financed with Federal 

24 money; 

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1 (2) the dollar amount of Federal funds for the 

2 project or program; and 

3 (3) percentage and dollar amount of the total 

4 costs of the project or program that will be financed 

5 by non-governmental sources. 

6 SEC. 506. (a) None of the funds appropriated in this 

7 Act, and none of the funds in any trust fund to which 

8 funds are appropriated in this Act, shall be expended for 

9 any abortion. 

10 (b) None of the funds appropriated in this Act, and 

11 none of the funds in any trust fund to which funds are 

12 appropriated in this Act, shall be expended for health ben13 efits coverage that includes coverage of abortion. 

14 (c) The term ‘‘health benefits coverage’’ means the 

15 package of services covered by a managed care provider 

16 or organization pursuant to a contract or other arrange17 ment. 

18 SEC. 507. (a) The limitations established in the pre19 ceding section shall not apply to an abortion— 

20 (1) if the pregnancy is the result of an act of 

21 rape or incest; or 

22 (2) in the case where a woman suffers from a 

23 physical disorder, physical injury, or physical illness, 

24 including a life-endangering physical condition 

25 caused by or arising from the pregnancy itself, that 

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1 would, as certified by a physician, place the woman 

2 in danger of death unless an abortion is performed. 

3 (b) Nothing in the preceding section shall be con4 strued as prohibiting the expenditure by a State, locality, 

5 entity, or private person of State, local, or private funds 

6 (other than a State’s or locality’s contribution of Medicaid 

7 matching funds). 

8 (c) Nothing in the preceding section shall be con9 strued as restricting the ability of any managed care pro10 vider from offering abortion coverage or the ability of a 

11 State or locality to contract separately with such a pro12 vider for such coverage with State funds (other than a 

13 State’s or locality’s contribution of Medicaid matching 

14 funds). 

15 (d)(1) None of the funds made available in this Act 

16 may be made available to a Federal agency or program, 

17 or to a State or local government, if such agency, program, 

18 or government subjects any institutional or individual 

19 health care entity to discrimination on the basis that the 

20 health care entity does not provide, pay for, provide cov21 erage of, or refer for abortions. 

22 (2) In this subsection, the term ‘‘health care entity’’ 

23 includes an individual physician or other health care pro24 fessional, a hospital, a provider-sponsored organization, a 

25 health maintenance organization, a health insurance plan, 

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1 or any other kind of health care facility, organization, or 

2 plan. 

3 SEC. 508. (a) None of the funds made available in 

4 this Act may be used for— 

5 (1) the creation of a human embryo or embryos 

6 for research purposes; or 

7 (2) research in which a human embryo or em8 bryos are destroyed, discarded, or knowingly sub9 jected to risk of injury or death greater than that 

10 allowed for research on fetuses in utero under 45 

11 CFR 46.204(b) and section 498(b) of the Public 

12 Health Service Act (42 U.S.C. 289g(b)). 

13 (b) For purposes of this section, the term ‘‘human 

14 embryo or embryos’’ includes any organism, not protected 

15 as a human subject under 45 CFR 46 as of the date of 

16 the enactment of this Act, that is derived by fertilization, 

17 parthenogenesis, cloning, or any other means from one or 

18 more human gametes or human diploid cells. 

19 SEC. 509. (a) None of the funds made available in 

20 this Act may be used for any activity that promotes the 

21 legalization of any drug or other substance included in 

22 schedule I of the schedules of controlled substances estab23 lished under section 202 of the Controlled Substances Act 

24 except for normal and recognized executive-congressional 

25 communications. 

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1 (b) The limitation in subsection (a) shall not apply 

2 when there is significant medical evidence of a therapeutic 

3 advantage to the use of such drug or other substance or 

4 that federally sponsored clinical trials are being conducted 

5 to determine therapeutic advantage. 

6 SEC. 510. None of the funds made available in this 

7 Act may be used to promulgate or adopt any final stand8 ard under section 1173(b) of the Social Security Act pro9 viding for, or providing for the assignment of, a unique 

10 health identifier for an individual (except in an individ11 ual’s capacity as an employer or a health care provider), 

12 until legislation is enacted specifically approving the 

13 standard. 

14 SEC. 511. None of the funds made available in this 

15 Act may be obligated or expended to enter into or renew 

16 a contract with an entity if— 

17 (1) such entity is otherwise a contractor with 

18 the United States and is subject to the requirement 

19 in 38 U.S.C. 4212(d) regarding submission of an 

20 annual report to the Secretary of Labor concerning 

21 employment of certain veterans; and 

22 (2) such entity has not submitted a report as 

23 required by that section for the most recent year for 

24 which such requirement was applicable to such enti25 ty. 

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1 SEC. 512. None of the funds made available in this 

2 Act may be transferred to any department, agency, or in3 strumentality of the United States Government, except 

4 pursuant to a transfer made by, or transfer authority pro5 vided in, this Act or any other appropriation Act. 

6 SEC. 513. None of the funds made available by this 

7 Act to carry out the Library Services and Technology Act 

8 may be made available to any library covered by para9 graph (1) of section 224(f) of such Act, as amended by 

10 the Children’s Internet Protection Act, unless such library 

11 has made the certifications required by paragraph (4) of 

12 such section. 

13 SEC. 514. (a) None of the funds provided under this 

14 Act, or provided under previous appropriations Acts to the 

15 agencies funded by this Act that remain available for obli16 gation or expenditure in fiscal year 2019, or provided from 

17 any accounts in the Treasury of the United States derived 

18 by the collection of fees available to the agencies funded 

19 by this Act, shall be available for obligation or expenditure 

20 through a reprogramming of funds that— 

21 (1) creates new programs; 

22 (2) eliminates a program, project, or activity; 

23 (3) increases funds or personnel by any means 

24 for any project or activity for which funds have been 

25 denied or restricted; 

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1 (4) relocates an office or employees; 

2 (5) reorganizes or renames offices; 

3 (6) reorganizes programs or activities; or 

4 (7) contracts out or privatizes any functions or 

5 activities presently performed by Federal employees; 

6 unless the Committees on Appropriations of the House of 

7 Representatives and the Senate are consulted 15 days in 

8 advance of such reprogramming or of an announcement 

9 of intent relating to such reprogramming, whichever oc10 curs earlier, and are notified in writing 10 days in advance 

11 of such reprogramming. 

12 (b) None of the funds provided under this Act, or 

13 provided under previous appropriations Acts to the agen14 cies funded by this Act that remain available for obligation 

15 or expenditure in fiscal year 2019, or provided from any 

16 accounts in the Treasury of the United States derived by 

17 the collection of fees available to the agencies funded by 

18 this Act, shall be available for obligation or expenditure 

19 through a reprogramming of funds in excess of $500,000 

20 or 10 percent, whichever is less, that— 

21 (1) augments existing programs, projects (in22 cluding construction projects), or activities; 

23 (2) reduces by 10 percent funding for any exist24 ing program, project, or activity, or numbers of per25 sonnel by 10 percent as approved by Congress; or 

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1 (3) results from any general savings from a re2 duction in personnel which would result in a change 

3 in existing programs, activities, or projects as ap4 proved by Congress; 

5 unless the Committees on Appropriations of the House of 

6 Representatives and the Senate are consulted 15 days in 

7 advance of such reprogramming or of an announcement 

8 of intent relating to such reprogramming, whichever oc9 curs earlier, and are notified in writing 10 days in advance 

10 of such reprogramming. 

11 SEC. 515. (a) None of the funds made available in 

12 this Act may be used to request that a candidate for ap13 pointment to a Federal scientific advisory committee dis14 close the political affiliation or voting history of the can15 didate or the position that the candidate holds with re16 spect to political issues not directly related to and nec17 essary for the work of the committee involved. 

18 (b) None of the funds made available in this Act may 

19 be used to disseminate information that is deliberately 

20 false or misleading. 

21 SEC. 516. Within 45 days of enactment of this Act, 

22 each department and related agency funded through this 

23 Act shall submit an operating plan that details at the pro24 gram, project, and activity level any funding allocations 

25 for fiscal year 2019 that are different than those specified 

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1 in this Act, the accompanying detailed table in the joint 

2 explanatory statement accompanying this Act or the fiscal 

3 year 2019 budget request. 

4 SEC. 517. The Secretaries of Labor, Health and 

5 Human Services, and Education shall each prepare and 

6 submit to the Committees on Appropriations of the House 

7 of Representatives and the Senate a report on the number 

8 and amount of contracts, grants, and cooperative agree9 ments exceeding $500,000 in value and awarded by the 

10 Department on a non-competitive basis during each quar11 ter of fiscal year 2019, but not to include grants awarded 

12 on a formula basis or directed by law. Such report shall 

13 include the name of the contractor or grantee, the amount 

14 of funding, the governmental purpose, including a jus15 tification for issuing the award on a non-competitive basis. 

16 Such report shall be transmitted to the Committees within 

17 30 days after the end of the quarter for which the report 

18 is submitted. 

19 SEC. 518. None of the funds appropriated in this Act 

20 shall be expended or obligated by the Commissioner of So21 cial Security, for purposes of administering Social Security 

22 benefit payments under title II of the Social Security Act, 

23 to process any claim for credit for a quarter of coverage 

24 based on work performed under a social security account 

25 number that is not the claimant’s number and the perSeptember 12, 2018 (9:18 p.m.)
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1 formance of such work under such number has formed the 

2 basis for a conviction of the claimant of a violation of sec3 tion 208(a)(6) or (7) of the Social Security Act. 

4 SEC. 519. None of the funds appropriated by this Act 

5 may be used by the Commissioner of Social Security or 

6 the Social Security Administration to pay the compensa7 tion of employees of the Social Security Administration 

8 to administer Social Security benefit payments, under any 

9 agreement between the United States and Mexico estab10 lishing totalization arrangements between the social secu11 rity system established by title II of the Social Security 

12 Act and the social security system of Mexico, which would 

13 not otherwise be payable but for such agreement. 

14 SEC. 520. (a) None of the funds made available in 

15 this Act may be used to maintain or establish a computer 

16 network unless such network blocks the viewing, 

17 downloading, and exchanging of pornography. 

18 (b) Nothing in subsection (a) shall limit the use of 

19 funds necessary for any Federal, State, tribal, or local law 

20 enforcement agency or any other entity carrying out crimi21 nal investigations, prosecution, or adjudication activities. 

22 SEC. 521. None of the funds made available under 

23 this or any other Act, or any prior Appropriations Act, 

24 may be provided to the Association of Community OrganiSeptember 12, 2018 (9:18 p.m.)
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1 zations for Reform Now (ACORN), or any of its affiliates, 

2 subsidiaries, allied organizations, or successors. 

3 SEC. 522. For purposes of carrying out Executive 

4 Order 13589, Office of Management and Budget Memo5 randum M–12–12 dated May 11, 2012, and requirements 

6 contained in the annual appropriations bills relating to 

7 conference attendance and expenditures: 

8 (1) the operating divisions of HHS shall be con9 sidered independent agencies; and 

10 (2) attendance at and support for scientific con11 ferences shall be tabulated separately from and not 

12 included in agency totals. 

13 SEC. 523. Federal agencies funded under this Act 

14 shall clearly state within the text, audio, or video used for 

15 advertising or educational purposes, including emails or 

16 Internet postings, that the communication is printed, pub17 lished, or produced and disseminated at U.S. taxpayer ex18 pense. The funds used by a Federal agency to carry out 

19 this requirement shall be derived from amounts made 

20 available to the agency for advertising or other commu21 nications regarding the programs and activities of the 

22 agency. 

23 SEC. 524. (a) Federal agencies may use Federal dis24 cretionary funds that are made available in this Act to 

25 carry out up to 10 Performance Partnership Pilots. Such 

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1 Pilots shall be governed by the provisions of section 526 

2 of division H of Public Law 113–76, except that in car3 rying out such Pilots section 526 shall be applied by sub4 stituting ‘‘FISCAL YEAR 2019’’ for ‘‘FISCAL YEAR 2014’’ 

5 in the title of subsection (b) and by substituting ‘‘Sep6 tember 30, 2023’’ for ‘‘September 30, 2018’’ each place 

7 it appears: Provided, That such pilots shall include com8 munities that have experienced civil unrest. 

9 (b) In addition, Federal agencies may use Federal 

10 discretionary funds that are made available in this Act to 

11 participate in Performance Partnership Pilots that are 

12 being carried out pursuant to the authority provided by 

13 section 526 of division H of Public Law 113–76, section 

14 524 of division G of Public Law 113–235, section 525 of 

15 division H of Public Law 114–113, section 525 of division 

16 H of Public Law 115–31, and section 525 of division H 

17 of Public Law 115–141. 

18 (c) Pilot sites selected under authorities in this Act 

19 and prior appropriations Acts may be granted by relevant 

20 agencies up to an additional 5 years to operate under such 

21 authorities. 

22 SEC. 525. Not later than 30 days after the end of 

23 each calendar quarter, beginning with the first month of 

24 fiscal year 2019, the Departments of Labor, Health and 

25 Human Services and Education and the Social Security 

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1 Administration shall provide the Committees on Appro2 priations of the House of Representatives and Senate a 

3 report on the status of balances of appropriations: Pro4 vided, That for balances that are unobligated and uncom5 mitted, committed, and obligated but unexpended, the 

6 monthly reports shall separately identify the amounts at7 tributable to each source year of appropriation (beginning 

8 with fiscal year 2012, or, to the extent feasible, earlier 

9 fiscal years) from which balances were derived. 

10 (RESCISSION)

11 SEC. 526. Of the unobligated balances available in 

12 the ‘‘National Service Trust’’ established in section 102 

13 of the National and Community Service Trust Act of 

14 1993, $150,000,000 are hereby rescinded. 

15 (RESCISSION)

16 SEC. 527. Of any available amounts appropriated 

17 under section 2104(a)(22) of the Social Security Act (42 

18 U.S.C. 1397dd) that are unobligated as of September 25, 

19 2019, $2,061,000,000 are hereby rescinded as of such 

20 date. 

21 SEC. 528. Amounts deposited in the Child Enroll22 ment Contingency Fund prior to the beginning of fiscal 

23 year 2019 under section 2104(n)(2) of the Social Security 

24 Act and the income derived from investment of those 

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1 funds pursuant to section 2104(n)(2)(C) of that Act, shall 

2 not be available for obligation in this fiscal year. 

3 SEC. 529. Notwithstanding any other provision of 

4 this Act, no funds appropriated in this Act shall be used 

5 to purchase sterile needles or syringes for the hypodermic 

6 injection of any illegal drug: Provided, That such limita7 tion does not apply to the use of funds for elements of 

8 a program other than making such purchases if the rel9 evant State or local health department, in consultation 

10 with the Centers for Disease Control and Prevention, de11 termines that the State or local jurisdiction, as applicable, 

12 is experiencing, or is at risk for, a significant increase in 

13 hepatitis infections or an HIV outbreak due to injection 

14 drug use, and such program is operating in accordance 

15 with State and local law. 

16 This division may be cited as the ‘‘Departments of 

17 Labor, Health and Human Services, and Education, and 

18 Related Agencies Appropriations Act, 2019’’. 

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1 DIVISION C—CONTINUING 

2 APPROPRIATIONS ACT, 2019 

3 The following sums are hereby appropriated, out of 

4 any money in the Treasury not otherwise appropriated, 

5 and out of applicable corporate or other revenues, receipts, 

6 and funds, for the several departments, agencies, corpora7 tions, and other organizational units of Government for 

8 fiscal year 2019, and for other purposes, namely: 

9 SEC. 101. Such amounts as may be necessary, at a 

10 rate for operations as provided in the applicable appro11 priations Acts for fiscal year 2018 and under the authority 

12 and conditions provided in such Acts, for continuing 

13 projects or activities (including the costs of direct loans 

14 and loan guarantees) that are not otherwise specifically 

15 provided for in this Act, that were conducted in fiscal year 

16 2018, and for which appropriations, funds, or other au17 thority were made available in the following appropriations 

18 Acts: 

19 (1) The Agriculture, Rural Development, Food 

20 and Drug Administration, and Related Agencies Ap21 propriations Act, 2018 (division A of Public Law 

22 115–141), except section 783. 

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1 (2) The Commerce, Justice, Science, and Re2 lated Agencies Appropriations Act, 2018 (division B 

3 of Public Law 115–141). 

4 (3) The Energy and Water Development and 

5 Related Agencies Appropriations Act, 2018 (division 

6 D of Public Law 115–141). 

7 (4) The Financial Services and General Govern8 ment Appropriations Act, 2018 (division E of Public 

9 Law 115–31). 

10 (5) The Department of Homeland Security Ap11 propriations Act, 2018 (division F of Public Law 

12 115–141) and title II of division M of Public Law 

13 115–141. 

14 (6) The Department of the Interior, Environ15 ment, and Related Agencies Appropriations Act, 

16 2018 (division G of Public Law 115–141), except 

17 section 114, except for appropriations in the matter 

18 preceding the first proviso under the heading 

19 ‘‘Dwight D. Eisenhower Memorial Commission— 

20 Capital Construction’’, and except that the language 

21 in section 118 shall be applied as if the language 

22 read as follows: ‘‘Section 6906 of title 31, United 

23 States Code, shall continue in effect for this fiscal 

24 year’’. 

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1 (7) The Legislative Branch Appropriations Act, 

2 2018 (division I of Public Law 115–141) and section 

3 7(a) of Public Law 115–141. 

4 (8) The Military Construction, Veterans Af5 fairs, and Related Agencies Appropriations Act, 

6 2018 (division J of Public Law 115–141), except 

7 section 243. 

8 (9) The Department of State, Foreign Oper9 ations, and Related Programs Appropriations Act, 

10 2018 (division K of Public Law 115–141). 

11 (10) The Transportation, Housing and Urban 

12 Development, and Related Agencies Appropriations 

13 Act, 2018 (division L of Public Law 115–141). 

14 SEC. 102. Appropriations made by section 101 shall 

15 be available to the extent and in the manner that would 

16 be provided by the pertinent appropriations Act. 

17 SEC. 103. No appropriation or funds made available 

18 or authority granted pursuant to section 101 shall be used 

19 to initiate or resume any project or activity for which ap20 propriations, funds, or other authority were not available 

21 during fiscal year 2018. 

22 SEC. 104. Appropriations made and authority grant23 ed pursuant to this Act shall cover all obligations or ex24 penditures incurred for any project or activity during the 

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1 period for which funds or authority for such project or 

2 activity are available under this Act. 

3 SEC. 105. Unless otherwise provided for in this Act 

4 or in the applicable appropriations Act for fiscal year 

5 2019, appropriations and funds made available and au6 thority granted pursuant to this Act shall be available 

7 until whichever of the following first occurs: 

8 (1) the enactment into law of an appropriation 

9 for any project or activity provided for in this Act; 

10 (2) the enactment into law of the applicable ap11 propriations Act for fiscal year 2019 without any 

12 provision for such project or activity; or 

13 (3) December 7, 2018. 

14 SEC. 106. Expenditures made pursuant to this Act 

15 shall be charged to the applicable appropriation, fund, or 

16 authorization whenever a bill in which such applicable ap17 propriation, fund, or authorization is contained is enacted 

18 into law. 

19 SEC. 107. Appropriations made and funds made 

20 available by or authority granted pursuant to this Act may 

21 be used without regard to the time limitations for submis22 sion and approval of apportionments set forth in section 

23 1513 of title 31, United States Code, but nothing in this 

24 Act may be construed to waive any other provision of law 

25 governing the apportionment of funds. 

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1 SEC. 108. Notwithstanding any other provision of 

2 this Act, except section 105, for those programs that 

3 would otherwise have high initial rates of operation or 

4 complete distribution of appropriations at the beginning 

5 of fiscal year 2019 because of distributions of funding to 

6 States, foreign countries, grantees, or others, such high 

7 initial rates of operation or complete distribution shall not 

8 be made, and no grants shall be awarded for such pro9 grams funded by this Act that would impinge on final 

10 funding prerogatives. 

11 SEC. 109. This Act shall be implemented so that only 

12 the most limited funding action of that permitted in the 

13 Act shall be taken in order to provide for continuation of 

14 projects and activities. 

15 SEC. 110. (a) For entitlements and other mandatory 

16 payments whose budget authority was provided in appro17 priations Acts for fiscal year 2018, and for activities under 

18 the Food and Nutrition Act of 2008, activities shall be 

19 continued at the rate to maintain program levels under 

20 current law, under the authority and conditions provided 

21 in the applicable appropriations Act for fiscal year 2018, 

22 to be continued through the date specified in section 

23 105(3). 

24 (b) Notwithstanding section 105, obligations for man25 datory payments due on or about the first day of any 

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1 month that begins after October 2018 but not later than 

2 30 days after the date specified in section 105(3) may con3 tinue to be made, and funds shall be available for such 

4 payments. 

5 SEC. 111. Amounts made available under section 101 

6 for civilian personnel compensation and benefits in each 

7 department and agency may be apportioned up to the rate 

8 for operations necessary to avoid furloughs within such de9 partment or agency, consistent with the applicable appro10 priations Act for fiscal year 2018, except that such author11 ity provided under this section shall not be used until after 

12 the department or agency has taken all necessary actions 

13 to reduce or defer non-personnel-related administrative ex14 penses. 

15 SEC. 112. Funds appropriated by this Act may be 

16 obligated and expended notwithstanding section 10 of 

17 Public Law 91–672 (22 U.S.C. 2412), section 15 of the 

18 State Department Basic Authorities Act of 1956 (22 

19 U.S.C. 2680), section 313 of the Foreign Relations Au20 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 

21 6212), and section 504(a)(1) of the National Security Act 

22 of 1947 (50 U.S.C. 3094(a)(1)). 

23 SEC. 113. (a) Each amount incorporated by reference 

24 in this Act that was previously designated by the Congress 

25 for Overseas Contingency Operations/Global War on TerSeptember 13, 2018 (11:39 a.m.)
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1 rorism or as an emergency requirement pursuant to sec2 tion 251(b)(2)(A) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985 or as being for disaster relief 

4 pursuant to section 251(b)(2)(D) of such Act is des5 ignated by the Congress for Overseas Contingency Oper6 ations/Global War on Terrorism or as an emergency re7 quirement pursuant to section 251(b)(2)(A) of such Act 

8 or as being for disaster relief pursuant to section 

9 251(b)(2)(D) of such Act, respectively. 

10 (b) Section 6 of Public Law 115–141 shall apply to 

11 amounts designated in subsection (a) for Overseas Contin12 gency Operations/Global War on Terrorism or as an emer13 gency requirement. 

14 SEC. 114. Amounts made available by section 101 for 

15 ‘‘Department of Agriculture—Food and Nutrition Serv16 ice—Child Nutrition Programs’’ to carry out section 

17 749(g) of the Agriculture Appropriations Act of 2010 

18 (Public Law 111–80) may be apportioned up to the rate 

19 for operations necessary to ensure that the program can 

20 be fully operational by May, 2019. 

21 SEC. 115. Notwithstanding section 101, amounts are 

22 available in the ‘‘Rural Utilities Service—Rural Water and 

23 Waste Disposal Program Account’’ of the Department of 

24 Agriculture for gross obligations for the principal amount 

25 of direct loans as authorized by section 306 of the ConsoliSeptember 13, 2018 (11:39 a.m.)
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1 dated Farm and Rural Development Act not to exceed 

2 $4,141,176,000. 

3 SEC. 116. Amounts provided by section 110 to the 

4 Department of Agriculture for ‘‘Corporations—Com5 modity Credit Corporation Fund—Reimbursement for Net 

6 Realized Losses’’ may be used, prior to the completion of 

7 the report described in section 2 of the Act of August 17, 

8 1961 (15 U.S.C. 713a–11), to reimburse the Commodity 

9 Credit Corporation for net realized losses sustained, but 

10 not previously reimbursed, as reflected in the June 2018 

11 report of its financial condition. 

12 SEC. 117. In addition to amounts provided by section 

13 101, amounts are provided for ‘‘Department of Agri14 culture—Agricultural Research Service—Salaries and Ex15 penses’’ at a rate for operations of $42,000,000 for the 

16 operation and maintenance of the National Bio and Agro17 Defense Facility. 

18 SEC. 118. Any program, authority, or provision, in19 cluding any pilot program, authorized under the Violence 

20 Against Women Reauthorization Act of 2013 (Public Law 

21 113–4; 127 Stat. 54) shall continue in effect through the 

22 date specified in section 105(3) of this Act. 

23 SEC. 119. (a) Funds made available by section 101 

24 for ‘‘Department of Energy—Energy Programs—Ura25 nium Enrichment Decontamination and Decommissioning 

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1 Fund’’ may be apportioned up to the rate for operations 

2 necessary to avoid disruption of continuing projects or ac3 tivities funded in this appropriation. 

4 (b) The Secretary of Energy shall notify the Commit5 tees on Appropriations of the House of Representatives 

6 and the Senate not later than 3 days after each use of 

7 the authority provided in subsection (a). 

8 SEC. 120. Notwithstanding section 101, the matter 

9 preceding the first proviso under the heading ‘‘Depart10 ment of Energy—Power Marketing Administrations—Op11 eration and Maintenance, Southwestern Power Adminis12 tration’’ in division D of the Consolidated Appropriations 

13 Act, 2018 (Public Law 115–141) shall be applied by sub14 stituting ‘‘$43,488,000’’ for ‘‘$30,288,000’’; the first pro15 viso under such heading shall be applied by substituting 

16 ‘‘$33,088,000’’ for ‘‘$18,888,000’’; and the second proviso 

17 under such heading shall be applied by substituting 

18 ‘‘$10,400,000’’ for ‘‘$11,400,000’’. 

19 SEC. 121. Notwithstanding section 101, amounts are 

20 provided to the Department of the Treasury for ‘‘Depart21 mental Offices—Salaries and Expenses’’ at a rate for op22 erations of $214,576,000. 

23 SEC. 122. Notwithstanding any other provision of 

24 this Act, except section 105, the District of Columbia may 

25 expend local funds under the heading ‘‘District of ColumSeptember 13, 2018 (11:39 a.m.)
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1 bia Funds’’ for such programs and activities under the 

2 District of Columbia Appropriations Act, 2018 (title IV 

3 of division E of Public Law 115–141) at the rate set forth 

4 under ‘‘Part A—Summary of Expenses’’ as included in 

5 the Fiscal Year 2019 Local Budget Act of 2018 (D.C. Act 

6 22–397), as modified as of the date of the enactment of 

7 this Act. 

8 SEC. 123. Amounts made available by section 101 for 

9 ‘‘Small Business Administration—Business Loans Pro10 gram Account’’ may be apportioned up to the rate for op11 erations necessary to accommodate increased demand for 

12 commitments for general business loans authorized under 

13 section 7(a) of the Small Business Act (15 U.S.C. 636(a)). 

14 SEC. 124. Amounts made available by section 101 for 

15 ‘‘Department of Homeland Security—Federal Emergency 

16 Management Agency—Disaster Relief Fund’’ may be ap17 portioned up to the rate for operations necessary to carry 

18 out response and recovery activities under the Robert T. 

19 Stafford Disaster Relief and Emergency Assistance Act 

20 (42 U.S.C. 5121 et seq.). 

21 SEC. 125. The Secretary of Homeland Security may 

22 transfer up to $15,000,000 in unexpended balances of 

23 amounts made available to the Department of Homeland 

24 Security under the heading ‘‘Science and Technology Di25 rectorate—Operations and Support’’ in division F of the 

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1 Consolidated Appropriations Act, 2018 (Public Law 115– 

2 141) to the Department of Agriculture for the purpose 

3 of contract support of the operations of the National Bio 

4 and Agro-defense Facility. 

5 SEC. 126. Amounts made available by section 101 for 

6 the ‘‘U.S. Customs and Border Protection—Operations 

7 and Support’’, ‘‘U.S. Immigration and Customs Enforce8 ment—Operations and Support’’, and ‘‘United States Se9 cret Service—Operations and Support’’ accounts of the 

10 Department of Homeland Security may be apportioned at 

11 a rate for operations necessary to maintain not less than 

12 the number of the staff achieved on September 30, 2018. 

13 SEC. 127. Amounts made available by section 101 for 

14 the Department of Homeland Security for ‘‘United States 

15 Secret Service—Procurement, Construction, and Improve16 ments’’ may be apportioned up to the rate for operations 

17 necessary to purchase base platform vehicles in support 

18 of the fully armored vehicle program. 

19 SEC. 128. Amounts made available by section 101 to 

20 the Department of Homeland Security for ‘‘Office of the 

21 Secretary and Executive Management—Operations and 

22 Support’’, ‘‘Management Directorate—Operations and 

23 Support’’, and ‘‘Intelligence, Analysis, and Operations Co24 ordination—Operations and Support’’ may be apportioned 

25 up to the rate for operations necessary to carry out activiSeptember 13, 2018 (11:39 a.m.)
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1 ties previously funded by the Working Capital Fund of 

2 the Department of Homeland Security, consistent with the 

3 fiscal year 2019 President’s Budget. 

4 SEC. 129. (a) In addition to amounts provided by sec5 tion 101, amounts are provided for ‘‘Department of 

6 Health and Human Services—Indian Health Service—In7 dian Health Services’’ at a rate for operations of 

8 $14,112,000, for an additional amount for costs of staff9 ing and operating facilities that were opened, renovated, 

10 or expanded in fiscal year 2018, and such amounts may 

11 be apportioned up to the rate for operations necessary to 

12 staff and operate such facilities. 

13 (b) In addition to amounts provided by section 101, 

14 amounts are provided for ‘‘Department of Health and 

15 Human Services—Indian Health Service—Indian Health 

16 Facilities’’ at a rate for operations of $1,200,000, for an 

17 additional amount for costs of staffing and operating fa18 cilities that were opened, renovated, or expanded in fiscal 

19 year 2018, and such amounts may be apportioned up to 

20 the rate for operations necessary to staff and operate 

21 newly constructed facilities. 

22 SEC. 130. Section 810 of the Federal Lands Recre23 ation Enhancement Act (16 U.S.C. 6809) shall be applied 

24 by substituting ‘‘September 30, 2020’’ for ‘‘September 30, 

25 2019’’. 

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1 SEC. 131. Notwithstanding section 101, the matter 

2 preceding the first proviso and the second proviso under 

3 the heading ‘‘Environmental Protection Agency—Haz4 ardous Waste Electronic Manifest System Fund’’ in divi5 sion G of Public Law 115–141 shall be applied by sub6 stituting ‘‘$8,000,000’’ for ‘‘$3,674,000’’ each place it ap7 pears: Provided, That such amounts may be apportioned 

8 up to the rate for operations necessary and amounts made 

9 available by section 101 for ‘‘Environmental Protection 

10 Agency’’ may be transferred between appropriations under 

11 such heading as necessary to ensure that the Hazardous 

12 Waste Electronic Manifest System becomes fully oper13 ational. 

14 SEC. 132. (a) The following sections of the Federal 

15 Insecticide, Fungicide, and Rodenticide Act shall continue 

16 in effect through the date specified in section 105(3) of 

17 this Act— 

18 (1) subparagraphs (C) through (E) of section 

19 4(i)(1) (7 U.S.C. 136a–1(i)(1)(C)–(E)); 

20 (2) section 4(k)(3) (7 U.S.C. 136a–1(k)(3)); 

21 (3) section 4(k)(4) (7 U.S.C. 136a-1(k)(4)); 

22 and 

23 (4) section 33(c)(3)(B) (7 U.S.C. 136w– 

24 8(c)(3)(B)). 

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1 (b)(1) Section 4(i)(1)(I) of the Federal Insecticide, 

2 Fungicide, and Rodenticide Act (7 U.S.C. 136a– 

3 1(i)(1)(I)) shall be applied by substituting the date speci4 fied in section 105(3) of this Act for ‘‘September 30, 

5 2017’’. 

6 (2) Notwithstanding section 33(m)(2) of the 

7 Federal Insecticide, Fungicide, and Rodenticide Act 

8 (7 U.S.C. 136w–8(m)(2)), section 33(m)(1) of such 

9 Act (7 U.S.C. 136w–8(m)(1)) shall be applied by 

10 substituting the date specified in section 105(3) of 

11 this Act for ‘‘September 30, 2017’’. 

12 (c) Section 408(m)(3) of the Federal Food, Drug, 

13 and Cosmetic Act (21 U.S.C. 346a(m)(3)) shall be applied 

14 by substituting the date specified in section 105(3) of this 

15 Act for ‘‘September 30, 2017’’. 

16 SEC. 133. Activities authorized under part A of title 

17 IV and section 1108(b) of the Social Security Act shall 

18 continue through the date specified in section 105(3) of 

19 this Act in the manner authorized for fiscal year 2018, 

20 and out of any money in the Treasury of the United States 

21 not otherwise appropriated, there are hereby appropriated 

22 such sums as may be necessary for such purpose. 

23 SEC. 134. The authority provided by section 7081(h) 

24 of division J of the Consolidated Appropriations Act, 2017 

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1 (Public Law 115–31) shall apply through the date speci2 fied in section 105(3). 

3 SEC. 135. Effective upon enactment of this Act, the 

4 matter under the heading ‘‘Federal Railroad Administra5 tion—Railroad Rehabilitation and Improvement Financ6 ing Program’’ in division L of the Consolidated Appropria7 tions Act, 2018 (Public Law 115–141) is amended— 

8 (1) by striking the third and fourth provisos 

9 and inserting the following provisos: ‘‘Provided fur10 ther, That, not later than 30 days after the date of 

11 enactment of the Continuing Appropriations Act, 

12 2019, the Secretary of Transportation, in consulta13 tion with the Director of the Office of Management 

14 and Budget, shall define the term ‘cohorts of loans’ 

15 for purposes of section 502(f)(4) of the Railroad Re16 vitalization and Regulatory Reform Act of 1976 (45 

17 U.S.C. 822(f)(4)) (as in effect on the day before the 

18 amendments made by section 11607 of Public Law 

19 114–94 (129 Stat. 1698) took effect): Provided fur20 ther, That, when all obligations attached to a cohort 

21 of loans have been satisfied, the Secretary of Trans22 portation shall return to the original source, on a 

23 pro rata basis, the credit risk premiums paid for the 

24 loans in the cohort, with interest accrued thereon, 

25 that were not used to mitigate losses, not later than 

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1 60 days after the date of enactment of the Con2 tinuing Appropriations Act, 2019 or, for a cohort of 

3 loans with obligations that have not yet been satis4 fied, not later than 60 days after the date on which 

5 all obligations attached to the cohort have been sat6 isfied:’’; and 

7 (2) by striking ‘‘for a fiscal year’’ in the fifth 

8 proviso. 

9 This division may be cited as the ‘‘Continuing Appro10 priations Act, 2019’’. 

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1 And the Senate agree to the same. 

September 12, 2018 (12:12 p.m.)