Text: H.R.6157 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-245 (09/28/2018)

 
[115th Congress Public Law 245]
[From the U.S. Government Publishing Office]



[[Page 132 STAT. 2981]]

Public Law 115-245
115th Congress

                                 An Act


 
   Making consolidated appropriations for the Departments of Defense, 
 Labor, Health and Human Services, and Education, and Related Agencies 
      for the fiscal year ending September 30, 2019, and for other 
           purposes. <<NOTE: Sept. 28, 2018 -  [H.R. 6157]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
Defense and Labor, Health and Human Services, and Education 
Appropriations Act, 2019 and Continuing Appropriations Act, 2019.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Defense and Labor, 
Health and Human Services, and Education Appropriations Act, 2019 and 
Continuing Appropriations Act, 2019''.
SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.

       DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2019

Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations

    DIVISION B--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019

Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions

             DIVISION C--CONTINUING APPROPRIATIONS ACT, 2019

SEC. 3. <<NOTE: 1 USC 1 note.>>  REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.

    The following sums in this Act are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2019.

[[Page 132 STAT. 2982]]

DIVISION A--DEPARTMENT <<NOTE: Department of Defense Appropriations Act, 
2019.>>  OF DEFENSE APPROPRIATIONS ACT, 2019

                                 TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $42,690,042,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $30,164,481,000.

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Marine Corps on active duty (except members of the Reserve provided 
for elsewhere); and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department of 
Defense Military Retirement Fund, $13,779,038,000.

                      Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; for members of the 
Reserve Officers' Training Corps; and for payments pursuant to section 
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $30,074,691,000.

[[Page 132 STAT. 2983]]

                         Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 10211, 10302, and 3038 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military Retirement 
Fund, $4,836,947,000.

                         Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and expenses authorized by section 
16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $2,049,021,000.

                     Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United States 
Code, in connection with performing duty specified in section 12310(a) 
of title 10, United States Code, or while undergoing reserve training, 
or while performing drills or equivalent duty, and for members of the 
Marine Corps platoon leaders class, and expenses authorized by section 
16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $782,390,000.

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 10211, 10305, and 8038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or other 
duty, and expenses authorized by section 16131 of title 10, United 
States Code; and for payments to the Department of Defense Military 
Retirement Fund, $1,860,406,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard

[[Page 132 STAT. 2984]]

while on duty under sections 10211, 10302, or 12402 of title 10 or 
section 708 of title 32, United States Code, or while serving on duty 
under section 12301(d) of title 10 or section 502(f) of title 32, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing training, 
or while performing drills or equivalent duty or other duty, and 
expenses authorized by section 16131 of title 10, United States Code; 
and for payments to the Department of Defense Military Retirement Fund, 
$8,600,945,000.

                   National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
sections 10211, 10305, or 12402 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$3,699,080,000.

                                TITLE II

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law, 
$40,145,482,000:  Provided, That not to exceed $12,478,000 can be used 
for emergencies and extraordinary expenses, to be expended on the 
approval or authority of the Secretary of the Army, and payments may be 
made on his certificate of necessity for confidential military purposes.

                     Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law, $48,034,826,000:  Provided, That not to exceed 
$15,055,000 can be used for emergencies and extraordinary expenses, to 
be expended on the approval or authority of the Secretary of the Navy, 
and payments may be made on his certificate of necessity for 
confidential military purposes.

                 Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law, 
$6,540,049,000.

                  Operation and Maintenance, Air Force

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

[[Page 132 STAT. 2985]]

$40,379,184,000:  Provided, That not to exceed $7,699,000 can be used 
for emergencies and extraordinary expenses, to be expended on the 
approval or authority of the Secretary of the Air Force, and payments 
may be made on his certificate of necessity for confidential military 
purposes.

                 Operation and Maintenance, Defense-Wide

                      (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$35,613,354,000:  Provided, That not more than $7,503,000 may be used 
for the Combatant Commander Initiative Fund authorized under section 
166a of title 10, United States Code:  Provided further, That not to 
exceed $36,000,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of Defense, and payments may be made on his certificate of necessity for 
confidential military purposes:  Provided further, That of the funds 
provided under this heading, not less than $42,300,000 shall be made 
available for the Procurement Technical Assistance Cooperative Agreement 
Program, of which not less than $4,500,000 shall be available for 
centers defined in 10 U.S.C. 2411(1)(D):  Provided further, That none of 
the funds appropriated or otherwise made available by this Act may be 
used to plan or implement the consolidation of a budget or 
appropriations liaison office of the Office of the Secretary of Defense, 
the office of the Secretary of a military department, or the service 
headquarters of one of the Armed Forces into a legislative affairs or 
legislative liaison office:  Provided further, That $19,160,000, to 
remain available until expended, is available only for expenses relating 
to certain classified activities, and may be transferred as necessary by 
the Secretary of Defense to operation and maintenance appropriations or 
research, development, test and evaluation appropriations, to be merged 
with and to be available for the same time period as the appropriations 
to which transferred:  Provided further, That any ceiling on the 
investment item unit cost of items that may be purchased with operation 
and maintenance funds shall not apply to the funds described in the 
preceding proviso:  Provided further, That of the funds provided under 
this heading, $663,969,000, of which $165,992,000, to remain available 
until September 30, 2020, shall be available to provide support and 
assistance to foreign security forces or other groups or individuals to 
conduct, support or facilitate counterterrorism, crisis response, or 
other Department of Defense security cooperation programs:  Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority provided elsewhere in this Act.

                 Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; and 
communications, $2,781,402,000.

[[Page 132 STAT. 2986]]

                 Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; and 
communications, $1,018,006,000.

             Operation and Maintenance, Marine Corps Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $271,570,000.

              Operation and Maintenance, Air Force Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $3,191,734,000.

             Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National Guard 
Bureau; supplying and equipping the Army National Guard as authorized by 
law; and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft), $7,118,831,000.

              Operation and Maintenance, Air National Guard

    For expenses of training, organizing, and administering the Air 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; transportation of things, hire of 
passenger motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modification, 
maintenance, and issue of supplies and equipment, including those 
furnished from stocks under the control of agencies of the Department of 
Defense; travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau

[[Page 132 STAT. 2987]]

regulations when specifically authorized by the Chief, National Guard 
Bureau, $6,420,697,000.

           United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces, $14,662,000, of which not to exceed $5,000 
may be used for official representation purposes.

                     Environmental Restoration, Army

                      (including transfer of funds)

    For the Department of the Army, $235,809,000, to remain available 
until transferred:  Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Army, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred:  Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation:  Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

                     Environmental Restoration, Navy

                      (including transfer of funds)

    For the Department of the Navy, $365,883,000, to remain available 
until transferred:  Provided, That the Secretary of the Navy shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Navy, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Navy, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred:  Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation:  Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

                  Environmental Restoration, Air Force

                      (including transfer of funds)

    For the Department of the Air Force, $365,808,000, to remain 
available until transferred:  Provided, That the Secretary of the Air 
Force shall, upon determining that such funds are required

[[Page 132 STAT. 2988]]

for environmental restoration, reduction and recycling of hazardous 
waste, removal of unsafe buildings and debris of the Department of the 
Air Force, or for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available to the 
Department of the Air Force, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred:  Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation:  Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.

                 Environmental Restoration, Defense-Wide

                      (including transfer of funds)

    For the Department of Defense, $19,002,000, to remain available 
until transferred:  Provided, That the Secretary of Defense shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of Defense, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of Defense, to be merged 
with and to be available for the same purposes and for the same time 
period as the appropriations to which transferred:  Provided further, 
That upon a determination that all or part of the funds transferred from 
this appropriation are not necessary for the purposes provided herein, 
such amounts may be transferred back to this appropriation:  Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority provided elsewhere in this Act.

         Environmental Restoration, Formerly Used Defense Sites

                      (including transfer of funds)

    For the Department of the Army, $248,673,000, to remain available 
until transferred:  Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris at sites formerly used by the Department of Defense, transfer 
the funds made available by this appropriation to other appropriations 
made available to the Department of the Army, to be merged with and to 
be available for the same purposes and for the same time period as the 
appropriations to which transferred:  Provided further, That upon a 
determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation:  Provided 
further, That the transfer authority provided under this heading is in 
addition to any other transfer authority provided elsewhere in this Act.

[[Page 132 STAT. 2989]]

             Overseas Humanitarian, Disaster, and Civic Aid

    For expenses relating to the Overseas Humanitarian, Disaster, and 
Civic Aid programs of the Department of Defense (consisting of the 
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of 
title 10, United States Code), $117,663,000, to remain available until 
September 30, 2020.

                  Cooperative Threat Reduction Account

    For assistance, including assistance provided by contract or by 
grants, under programs and activities of the Department of Defense 
Cooperative Threat Reduction Program authorized under the Department of 
Defense Cooperative Threat Reduction Act, $350,240,000, to remain 
available until September 30, 2021.

      Department of Defense Acquisition Workforce Development Fund

    For the Department of Defense Acquisition Workforce Development 
Fund, $450,000,000, to remain available for obligation until September 
30, 2020:  Provided, That no other amounts may be otherwise credited or 
transferred to the Fund, or deposited into the Fund, in fiscal year 2019 
pursuant to section 1705(d) of title 10, United States Code.

                                TITLE III

                               PROCUREMENT

                       Aircraft Procurement, Army

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $4,299,566,000, to remain available for obligation until 
September 30, 2021.

                        Missile Procurement, Army

    For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other

[[Page 132 STAT. 2990]]

expenses necessary for the foregoing purposes, $3,145,256,000, to remain 
available for obligation until September 30, 2021.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes, $4,486,402,000, to 
remain available for obligation until September 30, 2021.

                     Procurement of Ammunition, Army

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities, authorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $2,276,330,000, to remain available for obligation until 
September 30, 2021.

                         Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
the purchase of passenger motor vehicles for replacement only; 
communications and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes, $7,844,691,000, to 
remain available for obligation until September 30, 2021.

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public and 
private plants, including the land necessary therefor, and such lands 
and interests therein, may be acquired, and

[[Page 132 STAT. 2991]]

construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway, $20,092,199,000, to remain available 
for obligation until September 30, 2021.

                        Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related support 
equipment including spare parts, and accessories therefor; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $3,711,576,000, to remain available for obligation 
until September 30, 2021.

            Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities, authorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $952,682,000, to remain available for obligation until 
September 30, 2021.

                    Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and armament 
thereof, plant equipment, appliances, and machine tools and installation 
thereof in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; procurement of critical, long lead 
time components and designs for vessels to be constructed or converted 
in the future; and expansion of public and private plants, including 
land necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title, as follows:
            Ohio Replacement Submarine (AP), $3,173,400,000;
            Carrier Replacement Program (CVN-80), $1,573,181,000;
            Virginia Class Submarine, $4,340,676,000;
            Virginia Class Submarine (AP), $2,796,401,000;
            CVN Refueling Overhauls (AP), $425,873,000;
            DDG-1000 Program, $270,965,000;
            DDG-51 Destroyer, $5,249,837,000;
            DDG-51 Destroyer (AP), $641,928,000;
            Littoral Combat Ship, $1,571,244,000;
            LPD-17, $350,000,000;

[[Page 132 STAT. 2992]]

            Expeditionary Sea Base, $647,000,000;
            LHA Replacement (AP), $350,000,000;
            Expeditionary Fast Transport, $225,000,000;
            TAO Fleet Oiler, $977,104,000;
            TAO Fleet Oiler (AP), $75,046,000;
            Towing Salvage and Rescue Ship, $80,517,000;
            LCU 1700, $41,520,000;
            Ship to Shore Connector, $507,875,000;
            Service Craft, $72,062,000;
            LCAC SLEP, $23,321,000;
            For outfitting, post delivery, conversions, and first 
        destination transportation, $550,038,000; and
            Completion of Prior Year Shipbuilding Programs, 
        $207,099,000.

    In all: $24,150,087,000, to remain available for obligation until 
September 30, 2023:  Provided, That additional obligations may be 
incurred after September 30, 2023, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction:  Provided further, That none of the 
funds provided under this heading for the construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign facilities for the construction of major 
components of such vessel:  Provided further, That none of the funds 
provided under this heading shall be used for the construction of any 
naval vessel in foreign shipyards:  Provided further, That funds 
appropriated or otherwise made available by this Act for production of 
the common missile compartment of nuclear-powered vessels may be 
available for multiyear procurement of critical components to support 
continuous production of such compartments only in accordance with the 
provisions of subsection (i) of section 2218a of title 10, United States 
Code (as added by section 1023 of the National Defense Authorization Act 
for Fiscal Year 2017 (Public Law 114-328)):  Provided further, That the 
funds made available by this Act for the Carrier Replacement Program 
(CVN-80) may be available to modify or enter into a new contract for the 
procurement of a Ford-class aircraft carrier designated CVN-81 pursuant 
to section 121 of the John S. McCain National Defense Authorization Act 
for Fiscal Year 2019.

                         Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except ordnance 
for new aircraft, new ships, and ships authorized for conversion); the 
purchase of passenger motor vehicles for replacement only; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $9,097,138,000, to remain available for obligation 
until September 30, 2021.

                        Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare

[[Page 132 STAT. 2993]]

parts, and accessories therefor; plant equipment, appliances, and 
machine tools, and installation thereof in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
vehicles for the Marine Corps, including the purchase of passenger motor 
vehicles for replacement only; and expansion of public and private 
plants, including land necessary therefor, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior to 
approval of title, $2,719,870,000, to remain available for obligation 
until September 30, 2021.

                     Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
equipment, and training devices, spare parts, and accessories therefor; 
specialized equipment; expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $17,112,337,000, to remain available for 
obligation until September 30, 2021.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
rockets, and related equipment, including spare parts and accessories 
therefor; ground handling equipment, and training devices; expansion of 
public and private plants, Government-owned equipment and installation 
thereof in such plants, erection of structures, and acquisition of land, 
for the foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway; and other expenses necessary for the foregoing purposes 
including rents and transportation of things, $2,585,004,000, to remain 
available for obligation until September 30, 2021.

                      Space Procurement, Air Force

    For construction, procurement, and modification of spacecraft, 
rockets, and related equipment, including spare parts and accessories 
therefor; ground handling equipment, and training devices; expansion of 
public and private plants, Government-owned equipment and installation 
thereof in such plants, erection of structures, and acquisition of land, 
for the foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway; and other expenses necessary for the foregoing purposes 
including rents and transportation of things, $2,343,642,000, to remain 
available for obligation until September 30, 2021.

[[Page 132 STAT. 2994]]

                  Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities, authorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $1,485,856,000, to remain available for obligation until 
September 30, 2021.

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of passenger motor 
vehicles for replacement only; lease of passenger motor vehicles; and 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon, 
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway, $20,884,225,000, to remain available for 
obligation until September 30, 2021.

                        Procurement, Defense-Wide

    For expenses of activities and agencies of the Department of Defense 
(other than the military departments) necessary for procurement, 
production, and modification of equipment, supplies, materials, and 
spare parts therefor, not otherwise provided for; the purchase of 
passenger motor vehicles for replacement only; expansion of public and 
private plants, equipment, and installation thereof in such plants, 
erection of structures, and acquisition of land for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway, 
$6,822,180,000, to remain available for obligation until September 30, 
2021.

              National Guard and Reserve Equipment Account

    For procurement of rotary-wing aircraft; combat, tactical and 
support vehicles; other weapons; and other procurement items for the 
reserve components of the Armed Forces, $1,300,000,000, to remain 
available for obligation until September 30, 2021:  Provided, That the 
Chiefs of National Guard and Reserve components shall, not later than 30 
days after enactment of this Act, individually submit to the 
congressional defense committees the modernization priority assessment 
for their respective National Guard or Reserve component:  Provided 
further, That none of the funds made available

[[Page 132 STAT. 2995]]

by this paragraph may be used to procure manned fixed wing aircraft, or 
procure or modify missiles, munitions, or ammunition.

                    Defense Production Act Purchases

    For activities by the Department of Defense pursuant to sections 
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 
4518, 4531, 4532, and 4533), $53,578,000, to remain available until 
expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $11,083,824,000, to 
remain available for obligation until September 30, 2020.

            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $18,510,564,000, to 
remain available for obligation until September 30, 2020:  Provided, 
That funds appropriated in this paragraph which are available for the V-
22 may be used to meet unique operational requirements of the Special 
Operations Forces.

          Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $41,229,475,000, to 
remain available for obligation until September 30, 2020.

        Research, Development, Test and Evaluation, Defense-Wide

                      (including transfer of funds)

    For expenses of activities and agencies of the Department of Defense 
(other than the military departments), necessary for basic and applied 
scientific research, development, test and evaluation; advanced research 
projects as may be designated and determined by the Secretary of 
Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment, $23,691,836,000, to remain 
available for obligation until September 30, 2020:  Provided, That, of 
the funds made available in this paragraph, $250,000,000 for the Defense 
Rapid Innovation Program shall only be available for expenses, not 
otherwise provided for, to include program management and oversight, to 
conduct research, development, test and evaluation to include proof of 
concept demonstration; engineering, testing, and validation; and 
transition to full-scale production:  Provided further, That the 
Secretary of

[[Page 132 STAT. 2996]]

Defense may transfer funds provided herein for the Defense Rapid 
Innovation Program to appropriations for research, development, test and 
evaluation to accomplish the purpose provided herein:  Provided further, 
That this transfer authority is in addition to any other transfer 
authority available to the Department of Defense:  Provided further, 
That the Secretary of Defense shall, not fewer than 30 days prior to 
making transfers from this appropriation, notify the congressional 
defense committees in writing of the details of any such transfer.

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evaluation, 
in the direction and supervision of operational test and evaluation, 
including initial operational test and evaluation which is conducted 
prior to, and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in connection 
therewith, $381,009,000, to remain available for obligation until 
September 30, 2020.

                                 TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

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

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense as authorized by law, 
$34,007,519,000; of which $30,953,422,000 shall be for operation and 
maintenance, of which not to exceed one percent shall remain available 
for obligation until September 30, 2020, and of which up to 
$15,118,801,000 may be available for contracts entered into under the 
TRICARE program; of which $873,160,000, to remain available for 
obligation until September 30, 2021, shall be for procurement; and of 
which $2,180,937,000, to remain available for obligation until September 
30, 2020, shall be for research, development, test and evaluation:  
Provided, That, notwithstanding any other provision of law, of the 
amount made available under this heading for research, development, test 
and evaluation, not less than $8,000,000 shall be available for HIV 
prevention educational activities undertaken in connection with United 
States military training, exercises, and humanitarian assistance 
activities conducted primarily in African nations:  Provided further, 
That of the funds provided under this heading for research, development, 
test and evaluation, not less than $1,171,100,000 shall be made 
available to the United States Army Medical Research and Materiel 
Command to carry out the congressionally directed medical research 
programs.

[[Page 132 STAT. 2997]]

           Chemical Agents and Munitions Destruction, Defense

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents and 
munitions in accordance with the provisions of section 1412 of the 
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for 
the destruction of other chemical warfare materials that are not in the 
chemical weapon stockpile, $993,816,000, of which $105,997,000 shall be 
for operation and maintenance, of which no less than $52,735,000 shall 
be for the Chemical Stockpile Emergency Preparedness Program, consisting 
of $21,600,000 for activities on military installations and $31,135,000, 
to remain available until September 30, 2020, to assist State and local 
governments; $1,091,000 shall be for procurement, to remain available 
until September 30, 2021, of which $1,091,000 shall be for the Chemical 
Stockpile Emergency Preparedness Program to assist State and local 
governments; and $886,728,000, to remain available until September 30, 
2020, shall be for research, development, test and evaluation, of which 
$880,283,000 shall only be for the Assembled Chemical Weapons 
Alternatives program.

         Drug Interdiction and Counter-Drug Activities, Defense

                      (including transfer of funds)

    For drug interdiction and counter-drug activities of the Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components serving 
under the provisions of title 10 and title 32, United States Code; for 
operation and maintenance; for procurement; and for research, 
development, test and evaluation, $881,525,000, of which $517,171,000 
shall be for counter-narcotics support; $121,900,000 shall be for the 
drug demand reduction program; $217,178,000 shall be for the National 
Guard counter-drug program; and $25,276,000 shall be for the National 
Guard counter-drug schools program:  Provided, That the funds 
appropriated under this heading shall be available for obligation for 
the same time period and for the same purpose as the appropriation to 
which transferred:  Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation:  Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority contained elsewhere in this Act.

                     Office of the Inspector General

    For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended, $329,273,000, of which $325,236,000 shall be for operation and 
maintenance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on the approval or 
authority of the Inspector General, and payments may be made on the 
Inspector General's certificate of necessity for confidential military 
purposes; of which $60,000, to remain available for obligation until 
September 30, 2021, shall be for procurement; and of which $3,977,000, 
to remain available

[[Page 132 STAT. 2998]]

until September 30, 2020, shall be for research, development, test and 
evaluation.

                                TITLE VII

                            RELATED AGENCIES

    Central Intelligence Agency Retirement and Disability System Fund

    For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain the proper funding level for 
continuing the operation of the Central Intelligence Agency Retirement 
and Disability System, $514,000,000.

                Intelligence Community Management Account

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

                               TITLE VIII

                           GENERAL PROVISIONS

    Sec. 8001.  No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 8002.  During <<NOTE: 10 USC 1584 note.>>  the current fiscal 
year, provisions of law prohibiting the payment of compensation to, or 
employment of, any person not a citizen of the United States shall not 
apply to personnel of the Department of Defense:  Provided, That salary 
increases granted to direct and indirect hire foreign national employees 
of the Department of Defense funded by this Act shall not be at a rate 
in excess of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is computed under the 
provisions of section 5332 of title 5, United States Code, or at a rate 
in excess of the percentage increase provided by the appropriate host 
nation to its own employees, whichever is higher:  Provided further, 
That this section shall not apply to Department of Defense foreign 
service national employees serving at United States diplomatic missions 
whose pay is set by the Department of State under the Foreign Service 
Act of 1980:  Provided further, That the limitations of this provision 
shall not apply to foreign national employees of the Department of 
Defense in the Republic of Turkey.

    Sec. 8003.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year, unless 
expressly so provided herein.
    Sec. 8004.  No more than 20 percent of the appropriations in this 
Act which are limited for obligation during the current fiscal year 
shall be obligated during the last 2 months of the fiscal year:  
Provided, That this section shall not apply to obligations for support 
of active duty training of reserve components or summer camp training of 
the Reserve Officers' Training Corps.

[[Page 132 STAT. 2999]]

                           (transfer of funds)

    Sec. 8005.  Upon determination by the Secretary of Defense that such 
action is necessary in the national interest, he may, with the approval 
of the Office of Management and Budget, transfer not to exceed 
$4,000,000,000 of working capital funds of the Department of Defense or 
funds made available in this Act to the Department of Defense for 
military functions (except military construction) between such 
appropriations or funds or any subdivision thereof, to be merged with 
and to be available for the same purposes, and for the same time period, 
as the appropriation or fund to which transferred:  Provided, That such 
authority to transfer may not be used unless for higher priority items, 
based on unforeseen military requirements, than those for which 
originally appropriated and in no case where the item for which funds 
are requested has been denied by the Congress:  Provided further, That 
the Secretary of Defense shall notify the Congress promptly of all 
transfers made pursuant to this authority or any other authority in this 
Act:  Provided further, That no part of the funds in this Act shall be 
available to prepare or present a request to the Committees on 
Appropriations for reprogramming of funds, unless for higher priority 
items, based on unforeseen military requirements, than those for which 
originally appropriated and in no case where the item for which 
reprogramming is requested has been denied by the Congress:  Provided 
further, That a request for multiple reprogrammings of funds using 
authority provided in this section shall be made prior to June 30, 2019: 
 Provided further, That transfers among military personnel 
appropriations shall not be taken into account for purposes of the 
limitation on the amount of funds that may be transferred under this 
section.
    Sec. 8006. (a) With regard to the list of specific programs, 
projects, and activities (and the dollar amounts and adjustments to 
budget activities corresponding to such programs, projects, and 
activities) contained in the tables titled Explanation of Project Level 
Adjustments in the explanatory statement regarding this Act, the 
obligation and expenditure of amounts appropriated or otherwise made 
available in this Act for those programs, projects, and activities for 
which the amounts appropriated exceed the amounts requested are hereby 
required by law to be carried out in the manner provided by such tables 
to the same extent as if the tables were included in the text of this 
Act.
    (b) Amounts specified in the referenced tables described in 
subsection (a) shall not be treated as subdivisions of appropriations 
for purposes of section 8005 of this Act:  Provided, That section 8005 
shall apply when transfers of the amounts described in subsection (a) 
occur between appropriation accounts.
    Sec. 8007. (a) Not later than 60 days after enactment of this Act, 
the Department of Defense shall submit a report to the congressional 
defense committees to establish the baseline for application of 
reprogramming and transfer authorities for fiscal year 2019:  Provided, 
That the report shall include--
            (1) a table for each appropriation with a separate column to 
        display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;

[[Page 132 STAT. 3000]]

            (2) a delineation in the table for each appropriation both 
        by budget activity and program, project, and activity as 
        detailed in the Budget Appendix; and
            (3) an identification of items of special congressional 
        interest.

    (b) Notwithstanding section 8005 of this Act, none of the funds 
provided in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional defense committees, unless the Secretary of Defense 
certifies in writing to the congressional defense committees that such 
reprogramming or transfer is necessary as an emergency requirement:  
Provided, That this subsection shall not apply to transfers from the 
following appropriations accounts:
            (1) ``Environmental Restoration, Army'';
            (2) ``Environmental Restoration, Navy'';
            (3) ``Environmental Restoration, Air Force'';
            (4) ``Environmental Restoration, Defense-Wide'';
            (5) ``Environmental Restoration, Formerly Used Defense 
        Sites''; and
            (6) ``Drug Interdiction and Counter-drug Activities, 
        Defense''.

                           (transfer of funds)

    Sec. 8008.  During the current fiscal year, cash balances in working 
capital funds of the Department of Defense established pursuant to 
section 2208 of title 10, United States Code, may be maintained in only 
such amounts as are necessary at any time for cash disbursements to be 
made from such funds:  Provided, That transfers may be made between such 
funds:  Provided further, That transfers may be made between working 
capital funds and the ``Foreign Currency Fluctuations, Defense'' 
appropriation and the ``Operation and Maintenance'' appropriation 
accounts in such amounts as may be determined by the Secretary of 
Defense, with the approval of the Office of Management and Budget, 
except that such transfers may not be made unless the Secretary of 
Defense has notified the Congress of the proposed transfer:  Provided 
further, That except in amounts equal to the amounts appropriated to 
working capital funds in this Act, no obligations may be made against a 
working capital fund to procure or increase the value of war reserve 
material inventory, unless the Secretary of Defense has notified the 
Congress prior to any such obligation.
    Sec. 8009.  Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 calendar 
days in advance to the congressional defense committees.
    Sec. 8010.  None <<NOTE: 10 USC 2306b note.>>  of the funds provided 
in this Act shall be available to initiate: (1) a multiyear contract 
that employs economic order quantity procurement in excess of 
$20,000,000 in any one year of the contract or that includes an unfunded 
contingent liability in excess of $20,000,000; or (2) a contract for 
advance procurement leading to a multiyear contract that employs 
economic order quantity procurement in excess of $20,000,000 in any one 
year, unless the congressional defense committees have been notified at 
least 30 days in advance of the proposed contract award:  Provided, That 
no part of any appropriation contained in this Act shall be available to 
initiate a multiyear contract for which the economic order quantity 
advance procurement is not funded at

[[Page 132 STAT. 3001]]

least to the limits of the Government's liability:  Provided further, 
That no part of any appropriation contained in this Act shall be 
available to initiate multiyear procurement contracts for any systems or 
component thereof if the value of the multiyear contract would exceed 
$500,000,000 unless specifically provided in this Act:  Provided 
further, That no multiyear procurement contract can be terminated 
without 30-day prior notification to the congressional defense 
committees:  Provided further, That the execution of multiyear authority 
shall require the use of a present value analysis to determine lowest 
cost compared to an annual procurement:  Provided further, That none of 
the funds provided in this Act may be used for a multiyear contract 
executed after the date of the enactment of this Act unless in the case 
of any such contract--
            (1) the Secretary of Defense has submitted to Congress a 
        budget request for full funding of units to be procured through 
        the contract and, in the case of a contract for procurement of 
        aircraft, that includes, for any aircraft unit to be procured 
        through the contract for which procurement funds are requested 
        in that budget request for production beyond advance procurement 
        activities in the fiscal year covered by the budget, full 
        funding of procurement of such unit in that fiscal year;
            (2) cancellation provisions in the contract do not include 
        consideration of recurring manufacturing costs of the contractor 
        associated with the production of unfunded units to be delivered 
        under the contract;
            (3) the contract provides that payments to the contractor 
        under the contract shall not be made in advance of incurred 
        costs on funded units; and
            (4) the contract does not provide for a price adjustment 
        based on a failure to award a follow-on contract.

    Funds appropriated in title III of this Act may be used for 
multiyear procurement contracts for any or all of the following 
projects:
            (1) Standard Missile-3 IB;
            (2) Standard Missile-6;
            (3) F/A-18E/F Super Hornet and EA-18G Aircraft variants;
            (4) E-2D Advanced Hawkeye (AHE) Aircraft;
            (5) C-130J, KC-130J, HC-130J, MC-130J, AC-130J Aircraft; and
            (6) SSN Virginia Class Submarines and Government-furnished 
        equipment.

    Sec. 8011.  Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated pursuant 
to section 401 of title 10, United States Code, for humanitarian and 
civic assistance costs under chapter 20 of title 10, United States Code. 
Such funds may also be obligated for humanitarian and civic assistance 
costs incidental to authorized operations and pursuant to authority 
granted in section 401 of chapter 20 of title 10, United States Code, 
and these obligations shall be reported as required by section 401(d) of 
title 10, United States Code:  Provided, That funds available for 
operation and maintenance shall be available for providing humanitarian 
and similar assistance by using Civic Action Teams in the Trust 
Territories of the Pacific Islands and freely associated states of 
Micronesia, pursuant to the Compact of Free Association as authorized by 
Public Law 99-239:  Provided further, That upon a determination by the 
Secretary of the Army that such action is beneficial for

[[Page 132 STAT. 3002]]

graduate medical education programs conducted at Army medical facilities 
located in Hawaii, the Secretary of the Army may authorize the provision 
of medical services at such facilities and transportation to such 
facilities, on a nonreimbursable basis, for civilian patients from 
American Samoa, the Commonwealth of the Northern Mariana Islands, the 
Marshall Islands, the Federated States of Micronesia, Palau, and Guam.
    Sec. 8012. (a) During the current fiscal year, the civilian 
personnel of the Department of Defense may not be managed on the basis 
of any end-strength, and the management of such personnel during that 
fiscal year shall not be subject to any constraint or limitation (known 
as an end-strength) on the number of such personnel who may be employed 
on the last day of such fiscal year.
    (b) The fiscal year 2020 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2020 Department of Defense budget request 
shall be prepared and submitted to the Congress as if subsections (a) 
and (b) of this provision were effective with regard to fiscal year 
2020.
    (c) As required by section 1107 of the National Defense 
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 
2358 note) civilian personnel at the Department of Army Science and 
Technology Reinvention Laboratories may not be managed on the basis of 
the Table of Distribution and Allowances, and the management of the 
workforce strength shall be done in a manner consistent with the budget 
available with respect to such Laboratories.
    (d) Nothing in this section shall be construed to apply to military 
(civilian) technicians.
    Sec. 8013.  None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before the 
Congress.
    Sec. 8014.  None of the funds appropriated by this Act shall be 
available for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by the 
Secretary of Veterans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is credited toward 
completion of a service commitment:  Provided, That this section shall 
not apply to those members who have reenlisted with this option prior to 
October 1, 1987:  Provided further, That this section applies only to 
active components of the Army.

                           (transfer of funds)

    Sec. 8015.  Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be transferred to 
any other appropriation contained in this Act solely for the purpose of 
implementing a Mentor-Protege Program developmental assistance agreement 
pursuant to section 831 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as amended, 
under the authority of this provision or any other transfer authority 
contained in this Act.

[[Page 132 STAT. 3003]]

    Sec. 8016.  None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and agencies) 
of welded shipboard anchor and mooring chain 4 inches in diameter and 
under unless the anchor and mooring chain are manufactured in the United 
States from components which are substantially manufactured in the 
United States:  Provided, That for the purpose of this section, the term 
``manufactured'' shall include cutting, heat treating, quality control, 
testing of chain and welding (including the forging and shot blasting 
process):  Provided further, That for the purpose of this section 
substantially all of the components of anchor and mooring chain shall be 
considered to be produced or manufactured in the United States if the 
aggregate cost of the components produced or manufactured in the United 
States exceeds the aggregate cost of the components produced or 
manufactured outside the United States:  Provided further, That when 
adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis, the Secretary of the service 
responsible for the procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations 
that such an acquisition must be made in order to acquire capability for 
national security purposes.
    Sec. 8017.  None of the funds appropriated by this Act shall be used 
for the support of any nonappropriated funds activity of the Department 
of Defense that procures malt beverages and wine with nonappropriated 
funds for resale (including such alcoholic beverages sold by the drink) 
on a military installation located in the United States unless such malt 
beverages and wine are procured within that State, or in the case of the 
District of Columbia, within the District of Columbia, in which the 
military installation is located:  Provided, That, in a case in which 
the military installation is located in more than one State, purchases 
may be made in any State in which the installation is located:  Provided 
further, That such local procurement requirements for malt beverages and 
wine shall apply to all alcoholic beverages only for military 
installations in States which are not contiguous with another State:  
Provided further, That alcoholic beverages other than wine and malt 
beverages, in contiguous States and the District of Columbia shall be 
procured from the most competitive source, price and other factors 
considered.
    Sec. 8018.  None of the funds available to the Department of Defense 
may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand 
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911 
pistols, or to demilitarize or destroy small arms ammunition or 
ammunition components that are not otherwise prohibited from commercial 
sale under Federal law, unless the small arms ammunition or ammunition 
components are certified by the Secretary of the Army or designee as 
unserviceable or unsafe for further use.
    Sec. 8019.  No more than $500,000 of the funds appropriated or made 
available in this Act shall be used during a single fiscal year for any 
single relocation of an organization, unit, activity or function of the 
Department of Defense into or within the National Capital Region:  
Provided, That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the congressional defense 
committees that such a relocation is required in the best interest of 
the Government.

[[Page 132 STAT. 3004]]

    Sec. 8020.  Of the funds made available in this Act, $25,000,000 
shall be available for incentive payments authorized by section 504 of 
the Indian Financing Act of 1974 (25 U.S.C. 1544):  Provided, That a 
prime contractor or a subcontractor at any tier that makes a subcontract 
award to any subcontractor or supplier as defined in section 1544 of 
title 25, United States Code, or a small business owned and controlled 
by an individual or individuals defined under section 4221(9) of title 
25, United States Code, shall be considered a contractor for the 
purposes of being allowed additional compensation under section 504 of 
the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the prime 
contract or subcontract amount is over $500,000 and involves the 
expenditure of funds appropriated by an Act making appropriations for 
the Department of Defense with respect to any fiscal year:  Provided 
further, That notwithstanding section 1906 of title 41, United States 
Code, this section shall be applicable to any Department of Defense 
acquisition of supplies or services, including any contract and any 
subcontract at any tier for acquisition of commercial items produced or 
manufactured, in whole or in part, by any subcontractor or supplier 
defined in section 1544 of title 25, United States Code, or a small 
business owned and controlled by an individual or individuals defined 
under section 4221(9) of title 25, United States Code.
    Sec. 8021.  Funds appropriated by this Act for the Defense Media 
Activity shall not be used for any national or international political 
or psychological activities.
    Sec. 8022.  During the current fiscal year, the Department of 
Defense is authorized to incur obligations of not to exceed $350,000,000 
for purposes specified in section 2350j(c) of title 10, United States 
Code, in anticipation of receipt of contributions, only from the 
Government of Kuwait, under that section:  Provided, That, upon receipt, 
such contributions from the Government of Kuwait shall be credited to 
the appropriations or fund which incurred such obligations.
    Sec. 8023. (a) Of the funds made available in this Act, not less 
than $46,100,000 shall be available for the Civil Air Patrol 
Corporation, of which--
            (1) $33,600,000 shall be available from ``Operation and 
        Maintenance, Air Force'' to support Civil Air Patrol Corporation 
        operation and maintenance, readiness, counter-drug activities, 
        and drug demand reduction activities involving youth programs;
            (2) $10,800,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and
            (3) $1,700,000 shall be available from ``Other Procurement, 
        Air Force'' for vehicle procurement.

    (b) The Secretary of the Air Force should waive reimbursement for 
any funds used by the Civil Air Patrol for counter-drug activities in 
support of Federal, State, and local government agencies.
    Sec. 8024. (a) None of the funds appropriated in this Act are 
available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
consisting of a consortium of other FFRDCs and other nonprofit entities.
    (b) No member of a Board of Directors, Trustees, Overseers, Advisory 
Group, Special Issues Panel, Visiting Committee, or any similar entity 
of a defense FFRDC, and no paid consultant to

[[Page 132 STAT. 3005]]

any defense FFRDC, except when acting in a technical advisory capacity, 
may be compensated for his or her services as a member of such entity, 
or as a paid consultant by more than one FFRDC in a fiscal year:  
Provided, That a member of any such entity referred to previously in 
this subsection shall be allowed travel expenses and per diem as 
authorized under the Federal Joint Travel Regulations, when engaged in 
the performance of membership duties.
    (c) Notwithstanding any other provision of law, none of the funds 
available to the department from any source during the current fiscal 
year may be used by a defense FFRDC, through a fee or other payment 
mechanism, for construction of new buildings not located on a military 
installation, for payment of cost sharing for projects funded by 
Government grants, for absorption of contract overruns, or for certain 
charitable contributions, not to include employee participation in 
community service and/or development.
    (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2019, not more than 6,030 
staff years of technical effort (staff years) may be funded for defense 
FFRDCs:  Provided, That, of the specific amount referred to previously 
in this subsection, not more than 1,125 staff years may be funded for 
the defense studies and analysis FFRDCs:  Provided further, That this 
subsection shall not apply to staff years funded in the National 
Intelligence Program (NIP) and the Military Intelligence Program (MIP).
    (e) The Secretary of Defense shall, with the submission of the 
department's fiscal year 2020 budget request, submit a report presenting 
the specific amounts of staff years of technical effort to be allocated 
for each defense FFRDC during that fiscal year and the associated budget 
estimates.
    (f) Notwithstanding any other provision of this Act, the total 
amount appropriated in this Act for FFRDCs is hereby reduced by 
$179,000,000:  Provided, That this subsection shall not apply to 
appropriations for the National Intelligence Program (NIP) and the 
Military Intelligence Program (MIP).
    Sec. 8025.  None of the funds appropriated or made available in this 
Act shall be used to procure carbon, alloy, or armor steel plate for use 
in any Government-owned facility or property under the control of the 
Department of Defense which were not melted and rolled in the United 
States or Canada:  Provided, That these procurement restrictions shall 
apply to any and all Federal Supply Class 9515, American Society of 
Testing and Materials (ASTM) or American Iron and Steel Institute (AISI) 
specifications of carbon, alloy or armor steel plate:  Provided further, 
That the Secretary of the military department responsible for the 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes:  Provided further, That these 
restrictions shall not apply to contracts which are in being as of the 
date of the enactment of this Act.
    Sec. 8026.  For <<NOTE: 10 USC 2731 note.>>  the purposes of this 
Act, the term ``congressional defense committees'' means the Armed 
Services Committee of the House of Representatives, the Armed Services 
Committee of the

[[Page 132 STAT. 3006]]

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

    Sec. 8027.  During the current fiscal year, the Department of 
Defense may acquire the modification, depot maintenance and repair of 
aircraft, vehicles and vessels as well as the production of components 
and other Defense-related articles, through competition between 
Department of Defense depot maintenance activities and private firms:  
Provided, That the Senior Acquisition Executive of the military 
department or Defense Agency concerned, with power of delegation, shall 
certify that successful bids include comparable estimates of all direct 
and indirect costs for both public and private bids:  Provided further, 
That Office of Management and Budget Circular A-76 shall not apply to 
competitions conducted under this section.
    Sec. 8028. (a)(1) If the Secretary of Defense, after consultation 
with the United States Trade Representative, determines that a foreign 
country which is party to an agreement described in paragraph (2) has 
violated the terms of the agreement by discriminating against certain 
types of products produced in the United States that are covered by the 
agreement, the Secretary of Defense shall rescind the Secretary's 
blanket waiver of the Buy American Act with respect to such types of 
products produced in that foreign country.
    (2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding, between the United 
States and a foreign country pursuant to which the Secretary of Defense 
has prospectively waived the Buy American Act for certain products in 
that country.
    (b) The Secretary of Defense shall submit to the Congress a report 
on the amount of Department of Defense purchases from foreign entities 
in fiscal year 2019. Such report shall separately indicate the dollar 
value of items for which the Buy American Act was waived pursuant to any 
agreement described in subsection (a)(2), the Trade Agreement Act of 
1979 (19 U.S.C. 2501 et seq.), or any international agreement to which 
the United States is a party.
    (c) For purposes of this section, the term ``Buy American Act'' 
means chapter 83 of title 41, United States Code.
    Sec. 8029.  During the current fiscal year, amounts contained in the 
Department of Defense Overseas Military Facility Investment Recovery 
Account established by section 2921(c)(1) of the National Defense 
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note) 
shall be available until expended for the payments specified by section 
2921(c)(2) of that Act.
    Sec. 8030. (a) Notwithstanding any other provision of law, the 
Secretary of the Air Force may convey at no cost to the Air Force, 
without consideration, to Indian tribes located in the States of Nevada, 
Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and 
Washington relocatable military housing units located at Grand Forks Air 
Force Base, Malmstrom Air Force Base, Mountain Home Air Force Base, 
Ellsworth Air Force Base, and Minot Air Force Base that are excess to 
the needs of the Air Force.
    (b) The Secretary of the Air Force shall convey, at no cost to the 
Air Force, military housing units under subsection (a) in accordance 
with the request for such units that are submitted

[[Page 132 STAT. 3007]]

to the Secretary by the Operation Walking Shield Program on behalf of 
Indian tribes located in the States of Nevada, Idaho, North Dakota, 
South Dakota, Montana, Oregon, Minnesota, and Washington. Any such 
conveyance shall be subject to the condition that the housing units 
shall be removed within a reasonable period of time, as determined by 
the Secretary.
    (c) The Operation Walking Shield Program shall resolve any conflicts 
among requests of Indian tribes for housing units under subsection (a) 
before submitting requests to the Secretary of the Air Force under 
subsection (b).
    (d) In this section, the term ``Indian tribe'' means any recognized 
Indian tribe included on the current list published by the Secretary of 
the Interior under section 104 of the Federally Recognized Indian Tribe 
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
    Sec. 8031.  During the current fiscal year, appropriations which are 
available to the Department of Defense for operation and maintenance may 
be used to purchase items having an investment item unit cost of not 
more than $250,000.
    Sec. 8032.  None of the funds made available by this Act may be used 
to--
            (1) disestablish, or prepare to disestablish, a Senior 
        Reserve Officers' Training Corps program in accordance with 
        Department of Defense Instruction Number 1215.08, dated June 26, 
        2006; or
            (2) close, downgrade from host to extension center, or place 
        on probation a Senior Reserve Officers' Training Corps program 
        in accordance with the information paper of the Department of 
        the Army titled ``Army Senior Reserve Officer's Training Corps 
        (SROTC) Program Review and Criteria'', dated January 27, 2014.

    Sec. 8033.  Up to $10,518,000 of the funds appropriated under the 
heading ``Operation and Maintenance, Navy'' may be made available for 
the Asia Pacific Regional Initiative Program for the purpose of enabling 
the Pacific Command to execute Theater Security Cooperation activities 
such as humanitarian assistance, and payment of incremental and 
personnel costs of training and exercising with foreign security forces: 
 Provided, That funds made available for this purpose may be used, 
notwithstanding any other funding authorities for humanitarian 
assistance, security assistance or combined exercise expenses:  Provided 
further, That funds may not be obligated to provide assistance to any 
foreign country that is otherwise prohibited from receiving such type of 
assistance under any other provision of law.
    Sec. 8034.  The <<NOTE: 10 USC 2484 note.>>  Secretary of Defense 
shall issue regulations to prohibit the sale of any tobacco or tobacco-
related products in military resale outlets in the United States, its 
territories and possessions at a price below the most competitive price 
in the local community:  Provided, That such regulations shall direct 
that the prices of tobacco or tobacco-related products in overseas 
military retail outlets shall be within the range of prices established 
for military retail system stores located in the United States.

    Sec. 8035. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of acquiring a new inventory item for

[[Page 132 STAT. 3008]]

sale or anticipated sale during the current fiscal year or a subsequent 
fiscal year to customers of the Department of Defense Working Capital 
Funds if such an item would not have been chargeable to the Department 
of Defense Business Operations Fund during fiscal year 1994 and if the 
purchase of such an investment item would be chargeable during the 
current fiscal year to appropriations made to the Department of Defense 
for procurement.
    (b) The fiscal year 2020 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2020 Department of Defense budget shall be 
prepared and submitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a procurement 
appropriation contained in this Act shall be budgeted for in a proposed 
fiscal year 2020 procurement appropriation and not in the supply 
management business area or any other area or category of the Department 
of Defense Working Capital Funds.
    Sec. 8036.  None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for obligation 
beyond the current fiscal year, except for funds appropriated for the 
Reserve for Contingencies, which shall remain available until September 
30, 2020:  Provided, That <<NOTE: 50 USC 3521 note.>>  funds 
appropriated, transferred, or otherwise credited to the Central 
Intelligence Agency Central Services Working Capital Fund during this or 
any prior or subsequent fiscal year shall remain available until 
expended:  Provided further, That any funds appropriated or transferred 
to the Central Intelligence Agency for advanced research and development 
acquisition, for agent operations, and for covert action programs 
authorized by the President under section 503 of the National Security 
Act of 1947 (50 U.S.C. 3093) shall remain available until September 30, 
2020.

    Sec. 8037.  Of the funds appropriated to the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $12,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of Defense 
activities.
    Sec. 8038. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, in 
expending the funds, complies with the Buy American Act. For purposes of 
this subsection, the term ``Buy American Act'' means chapter 83 of title 
41, United States Code.
    (b) If the Secretary of Defense determines that a person has been 
convicted of intentionally affixing a label bearing a ``Made in 
America'' inscription to any product sold in or shipped to the United 
States that is not made in America, the Secretary shall determine, in 
accordance with section 2410f of title 10, United States Code, whether 
the person should be debarred from contracting with the Department of 
Defense.
    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products

[[Page 132 STAT. 3009]]

are cost-competitive, quality competitive, and available in a timely 
fashion.
    Sec. 8039. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed Forces or 
        civilian employee of the department who is transferred or 
        reassigned from a headquarters activity if the member or 
        employee's place of duty remains at the location of that 
        headquarters.

    (b) The Secretary of Defense or Secretary of a military department 
may waive the limitations in subsection (a), on a case-by-case basis, if 
the Secretary determines, and certifies to the Committees on 
Appropriations of the House of Representatives and the Senate that the 
granting of the waiver will reduce the personnel requirements or the 
financial requirements of the department.
    (c) This section does not apply to--
            (1) field operating agencies funded within the National 
        Intelligence Program;
            (2) an Army field operating agency established to eliminate, 
        mitigate, or counter the effects of improvised explosive 
        devices, and, as determined by the Secretary of the Army, other 
        similar threats;
            (3) an Army field operating agency established to improve 
        the effectiveness and efficiencies of biometric activities and 
        to integrate common biometric technologies throughout the 
        Department of Defense; or
            (4) an Air Force field operating agency established to 
        administer the Air Force Mortuary Affairs Program and Mortuary 
        Operations for the Department of Defense and authorized Federal 
        entities.

    Sec. 8040. (a) None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or function 
of the Department of Defense that, on or after the date of the enactment 
of this Act, is performed by Department of Defense civilian employees 
unless--
            (1) the conversion is based on the result of a public-
        private competition that includes a most efficient and cost 
        effective organization plan developed by such activity or 
        function;
            (2) the Competitive Sourcing Official determines that, over 
        all performance periods stated in the solicitation of offers for 
        performance of the activity or function, the cost of performance 
        of the activity or function by a contractor would be less costly 
        to the Department of Defense by an amount that equals or exceeds 
        the lesser of--
                    (A) 10 percent of the most efficient organization's 
                personnel-related costs for performance of that activity 
                or function by Federal employees; or
                    (B) $10,000,000; and
            (3) the contractor does not receive an advantage for a 
        proposal that would reduce costs for the Department of Defense 
        by--
                    (A) not making an employer-sponsored health 
                insurance plan available to the workers who are to be 
                employed in the performance of that activity or function 
                under the contract; or

[[Page 132 STAT. 3010]]

                    (B) offering to such workers an employer-sponsored 
                health benefits plan that requires the employer to 
                contribute less towards the premium or subscription 
                share than the amount that is paid by the Department of 
                Defense for health benefits for civilian employees under 
                chapter 89 of title 5, United States Code.

    (b)(1) The Department of Defense, without regard to subsection (a) 
of this section or subsection (a), (b), or (c) of section 2461 of title 
10, United States Code, and notwithstanding any administrative 
regulation, requirement, or policy to the contrary shall have full 
authority to enter into a contract for the performance of any commercial 
or industrial type function of the Department of Defense that--
            (A) is included on the procurement list established pursuant 
        to section 2 of the Javits-Wagner-O'Day Act (section 8503 of 
        title 41, United States Code);
            (B) is planned to be converted to performance by a qualified 
        nonprofit agency for the blind or by a qualified nonprofit 
        agency for other severely handicapped individuals in accordance 
        with that Act; or
            (C) is planned to be converted to performance by a qualified 
        firm under at least 51 percent ownership by an Indian tribe, as 
        defined in section 4(e) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(e)), or a Native 
        Hawaiian Organization, as defined in section 8(a)(15) of the 
        Small Business Act (15 U.S.C. 637(a)(15)).

    (2) This section shall not apply to depot contracts or contracts for 
depot maintenance as provided in sections 2469 and 2474 of title 10, 
United States Code.
    (c) The conversion of any activity or function of the Department of 
Defense under the authority provided by this section shall be credited 
toward any competitive or outsourcing goal, target, or measurement that 
may be established by statute, regulation, or policy and is deemed to be 
awarded under the authority of, and in compliance with, subsection (h) 
of section 2304 of title 10, United States Code, for the competition or 
outsourcing of commercial activities.

                              (rescissions)

    Sec. 8041.  Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:  Provided, 
That no amounts may be rescinded from amounts that were designated by 
the Congress for Overseas Contingency Operations/Global War on Terrorism 
or as an emergency requirement pursuant to the Concurrent Resolution on 
the Budget or the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended:
            ``Shipbuilding and Conversion, Navy: DDG-51 Destroyer'', 
        2011/2020, $94,000,000;
            ``Shipbuilding and Conversion, Navy: CVN RCOH (AP)'', 2011/
        2020, $4,000,000;
            ``Shipbuilding and Conversion, Navy: DDG-51 Destroyer'', 
        2012/2020, $66,000,000;
            ``Shipbuilding and Conversion, Navy: LPD-17'', 2012/2020, 
        $13,000,000;

[[Page 132 STAT. 3011]]

            ``Shipbuilding and Conversion, Navy: Joint High Speed 
        Vessel'', 2012/2020, $8,000,000;
            ``Aircraft Procurement, Army'', 2017/2019, $16,000,000;
            ``Aircraft Procurement, Navy'', 2017/2019, $38,894,000;
            ``Other Procurement, Navy'', 2017/2019, $32,344,000;
            ``Aircraft Procurement, Air Force'', 2017/2019, 
        $169,677,000;
            ``Space Procurement, Air Force'', 2017/2019, $5,000,000;
            ``Other Procurement, Air Force'', 2017/2019, $44,300,000;
            ``Defense Health Program: Procurement'', 2017/2019, 
        $2,413,000;
            ``Missile Procurement, Army'', 2018/2020, $80,000,000;
            ``Procurement of Weapons and Tracked Combat Vehicles, 
        Army'', 2018/2020, $210,506,000;
            ``Other Procurement, Army'', 2018/2020, $64,390,000;
            ``Aircraft Procurement, Navy'', 2018/2020, $26,361,000;
            ``Weapons Procurement, Navy'', 2018/2020, $115,657,000;
            ``Other Procurement, Navy'', 2018/2020, $36,600,000;
            ``Aircraft Procurement, Air Force'', 2018/2020, 
        $195,255,000;
            ``Missile Procurement, Air Force'', 2018/2020, $5,200,000;
            ``Space Procurement, Air Force'', 2018/2020, $218,100,000;
            ``Procurement of Ammunition, Air Force'', 2018/2020, 
        $17,100,000;
            ``Other Procurement, Air Force'', 2018/2020, $123,500,000;
            ``Research, Development, Test and Evaluation, Army'', 2018/
        2019, $191,120,000;
            ``Research, Development, Test and Evaluation, Air Force'', 
        2018/2019, $490,588,000;
            ``Research, Development, Test and Evaluation, Defense-
        Wide'', 2018/2019, $25,000,000; and
            ``Defense Health Program: Procurement'', 2018/2020, 
        $215,000,000.

    Sec. 8042.  None of the funds available in this Act may be used to 
reduce the authorized positions for military technicians (dual status) 
of the Army National Guard, Air National Guard, Army Reserve and Air 
Force Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military technicians 
(dual status), unless such reductions are a direct result of a reduction 
in military force structure.
    Sec. 8043.  None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance to the 
Democratic People's Republic of Korea unless specifically appropriated 
for that purpose.
    Sec. 8044.  Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands and Defense 
Agencies shall be available for reimbursement of pay, allowances and 
other expenses which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the National Guard 
and Reserve provide intelligence or counterintelligence support to 
Combatant Commands, Defense Agencies and Joint Intelligence Activities, 
including the activities and programs included within the National 
Intelligence Program and the Military Intelligence Program:  Provided, 
That nothing in this section authorizes deviation from established 
Reserve and National Guard personnel and training procedures.

[[Page 132 STAT. 3012]]

    Sec. 8045. (a) <<NOTE: 10 USC 274 note.>>  None of the funds 
available to the Department of Defense for any fiscal year for drug 
interdiction or counter-drug activities may be transferred to any other 
department or agency of the United States except as specifically 
provided in an appropriations law.

    (b) <<NOTE: 50 USC 3506 note.>>  None of the funds available to the 
Central Intelligence Agency for any fiscal year for drug interdiction or 
counter-drug activities may be transferred to any other department or 
agency of the United States except as specifically provided in an 
appropriations law.

    Sec. 8046.  None of the funds appropriated by this Act may be used 
for the procurement of ball and roller bearings other than those 
produced by a domestic source and of domestic origin:  Provided, That 
the Secretary of the military department responsible for such 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate, that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes:  Provided further, That this 
restriction shall not apply to the purchase of ``commercial items'', as 
defined by section 103 of title 41, United States Code, except that the 
restriction shall apply to ball or roller bearings purchased as end 
items.
    Sec. 8047.  Of the amounts appropriated for ``Working Capital Fund, 
Army'', $99,000,000 shall be available to maintain competitive rates at 
the arsenals.
    Sec. 8048.  In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $44,000,000 is hereby appropriated 
to the Department of Defense:  Provided, That upon the determination of 
the Secretary of Defense that it shall serve the national interest, the 
Secretary shall make grants in the amounts specified as follows: 
$20,000,000 to the United Service Organizations and $24,000,000 to the 
Red Cross.
    Sec. 8049.  None of the funds in this Act may be used to purchase 
any supercomputer which is not manufactured in the United States, unless 
the Secretary of Defense certifies to the congressional defense 
committees that such an acquisition must be made in order to acquire 
capability for national security purposes that is not available from 
United States manufacturers.
    Sec. 8050.  Notwithstanding any other provision in this Act, the 
Small Business Innovation Research program and the Small Business 
Technology Transfer program set-asides shall be taken proportionally 
from all programs, projects, or activities to the extent they contribute 
to the extramural budget.
    Sec. 8051.  None of the funds available to the Department of Defense 
under this Act shall be obligated or expended to pay a contractor under 
a contract with the Department of Defense for costs of any amount paid 
by the contractor to an employee when--
            (1) such costs are for a bonus or otherwise in excess of the 
        normal salary paid by the contractor to the employee; and
            (2) such bonus is part of restructuring costs associated 
        with a business combination.

[[Page 132 STAT. 3013]]

                      (including transfer of funds)

    Sec. 8052.  During the current fiscal year, no more than $30,000,000 
of appropriations made in this Act under the heading ``Operation and 
Maintenance, Defense-Wide'' may be transferred to appropriations 
available for the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in connection with 
support and services for eligible organizations and activities outside 
the Department of Defense pursuant to section 2012 of title 10, United 
States Code.
    Sec. 8053.  During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under the 
provisions of section 1552 of title 31, United States Code, and which 
has a negative unliquidated or unexpended balance, an obligation or an 
adjustment of an obligation may be charged to any current appropriation 
account for the same purpose as the expired or closed account if--
            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department of Defense; 
        and
            (3) in the case of an expired account, the obligation is not 
        chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note):  Provided, That 
        in the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge to 
        a current account under the authority of this section shall be 
        reversed and recorded against the expired account:  Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to 1 percent of the total appropriation for that account.

    Sec. 8054. (a) Notwithstanding any other provision of law, the Chief 
of the National Guard Bureau may permit the use of equipment of the 
National Guard Distance Learning Project by any person or entity on a 
space-available, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for such use on a 
case-by-case basis.
    (b) Amounts collected under subsection (a) shall be credited to 
funds available for the National Guard Distance Learning Project and be 
available to defray the costs associated with the use of equipment of 
the project under that subsection. Such funds shall be available for 
such purposes without fiscal year limitation.

                      (including transfer of funds)

    Sec. 8055.  Of the funds appropriated in this Act under the heading 
``Operation and Maintenance, Defense-wide'', $35,000,000 shall be for 
continued implementation and expansion of the Sexual Assault Special 
Victims' Counsel Program:  Provided, That the funds are made available 
for transfer to the Department of the Army, the Department of the Navy, 
and the Department of the Air Force:

[[Page 132 STAT. 3014]]

 Provided further, That funds transferred shall be merged with and 
available for the same purposes and for the same time period as the 
appropriations to which the funds are transferred:  Provided further, 
That this transfer authority is in addition to any other transfer 
authority provided in this Act.
    Sec. 8056.  None of the funds appropriated in title IV of this Act 
may be used to procure end-items for delivery to military forces for 
operational training, operational use or inventory requirements:  
Provided, That this restriction does not apply to end-items used in 
development, prototyping, and test activities preceding and leading to 
acceptance for operational use:  Provided further, That the Secretary of 
Defense shall, with submission of the department's fiscal year 2020 
budget request, submit a report detailing the use of funds requested in 
research, development, test and evaluation accounts for end-items used 
in development, prototyping and test activities preceding and leading to 
acceptance for operational use:  Provided further, That this restriction 
does not apply to programs funded within the National Intelligence 
Program:  Provided further, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do so.
    Sec. 8057. (a) The Secretary of Defense may, on a case-by-case 
basis, waive with respect to a foreign country each limitation on the 
procurement of defense items from foreign sources provided in law if the 
Secretary determines that the application of the limitation with respect 
to that country would invalidate cooperative programs entered into 
between the Department of Defense and the foreign country, or would 
invalidate reciprocal trade agreements for the procurement of defense 
items entered into under section 2531 of title 10, United States Code, 
and the country does not discriminate against the same or similar 
defense items produced in the United States for that country.
    (b) Subsection (a) applies with respect to--
            (1) contracts and subcontracts entered into on or after the 
        date of the enactment of this Act; and
            (2) options for the procurement of items that are exercised 
        after such date under contracts that are entered into before 
        such date if the option prices are adjusted for any reason other 
        than the application of a waiver granted under subsection (a).

    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section XI (chapters 50-65) 
of the Harmonized Tariff Schedule of the United States and products 
classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, 
7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
    Sec. 8058.  None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations Acts may 
be obligated or expended for the purpose of performing repairs or 
maintenance to military family housing units of the Department of 
Defense, including areas in such military family housing units that may 
be used for the purpose of conducting official Department of Defense 
business.

[[Page 132 STAT. 3015]]

                      (including transfer of funds)

    Sec. 8059.  Of the amounts appropriated for ``Operation and 
Maintenance, Navy'', up to $1,000,000 shall be available for transfer to 
the John C. Stennis Center for Public Service Development Trust Fund 
established under section 116 of the John C. Stennis Center for Public 
Service Training and Development Act (2 U.S.C. 1105).
    Sec. 8060.  Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ``Research, Development, Test 
and Evaluation, Defense-Wide'' for any new start advanced concept 
technology demonstration project or joint capability demonstration 
project may only be obligated 45 days after a report, including a 
description of the project, the planned acquisition and transition 
strategy and its estimated annual and total cost, has been provided in 
writing to the congressional defense committees:  Provided, That the 
Secretary of Defense may waive this restriction on a case-by-case basis 
by certifying to the congressional defense committees that it is in the 
national interest to do so.
    Sec. 8061.  The Secretary of Defense shall continue to provide a 
classified quarterly report to the House and Senate Appropriations 
Committees, Subcommittees on Defense on certain matters as directed in 
the classified annex accompanying this Act.
    Sec. 8062.  Notwithstanding section 12310(b) of title 10, United 
States Code, a Reserve who is a member of the National Guard serving on 
full-time National Guard duty under section 502(f) of title 32, United 
States Code, may perform duties in support of the ground-based elements 
of the National Ballistic Missile Defense System.
    Sec. 8063.  None of the funds provided in this Act may be used to 
transfer to any nongovernmental entity ammunition held by the Department 
of Defense that has a center-fire cartridge and a United States military 
nomenclature designation of ``armor penetrator'', ``armor piercing 
(AP)'', ``armor piercing incendiary (API)'', or ``armor-piercing 
incendiary tracer (API-T)'', except to an entity performing 
demilitarization services for the Department of Defense under a contract 
that requires the entity to demonstrate to the satisfaction of the 
Department of Defense that armor piercing projectiles are either: (1) 
rendered incapable of reuse by the demilitarization process; or (2) used 
to manufacture ammunition pursuant to a contract with the Department of 
Defense or the manufacture of ammunition for export pursuant to a 
License for Permanent Export of Unclassified Military Articles issued by 
the Department of State.
    Sec. 8064.  Notwithstanding any other provision of law, the Chief of 
the National Guard Bureau, or his designee, may waive payment of all or 
part of the consideration that otherwise would be required under section 
2667 of title 10, United States Code, in the case of a lease of personal 
property for a period not in excess of 1 year to any organization 
specified in section 508(d) of title 32, United States Code, or any 
other youth, social, or fraternal nonprofit organization as may be 
approved by the Chief of the National Guard Bureau, or his designee, on 
a case-by-case basis.

[[Page 132 STAT. 3016]]

                      (including transfer of funds)

    Sec. 8065.  Of the amounts appropriated in this Act under the 
heading ``Operation and Maintenance, Army'', $62,483,700 shall remain 
available until expended:  Provided, That, notwithstanding any other 
provision of law, the Secretary of Defense is authorized to transfer 
such funds to other activities of the Federal Government:  Provided 
further, That the Secretary of Defense is authorized to enter into and 
carry out contracts for the acquisition of real property, construction, 
personal services, and operations related to projects carrying out the 
purposes of this section:  Provided further, That contracts entered into 
under the authority of this section may provide for such indemnification 
as the Secretary determines to be necessary:  Provided further, That 
projects authorized by this section shall comply with applicable 
Federal, State, and local law to the maximum extent consistent with the 
national security, as determined by the Secretary of Defense.
    Sec. 8066. (a) None of the funds appropriated in this or any other 
Act may be used to take any action to modify--
            (1) the appropriations account structure for the National 
        Intelligence Program budget, including through the creation of a 
        new appropriation or new appropriation account;
            (2) how the National Intelligence Program budget request is 
        presented in the unclassified P-1, R-1, and O-1 documents 
        supporting the Department of Defense budget request;
            (3) the process by which the National Intelligence Program 
        appropriations are apportioned to the executing agencies; or
            (4) the process by which the National Intelligence Program 
        appropriations are allotted, obligated and disbursed.

    (b) Nothing in section (a) shall be construed to prohibit the merger 
of programs or changes to the National Intelligence Program budget at or 
below the Expenditure Center level, provided such change is otherwise in 
accordance with paragraphs (a)(1)-(3).
    (c) The Director of National Intelligence and the Secretary of 
Defense may jointly, only for the purposes of achieving auditable 
financial statements and improving fiscal reporting, study and develop 
detailed proposals for alternative financial management processes. Such 
study shall include a comprehensive counterintelligence risk assessment 
to ensure that none of the alternative processes will adversely affect 
counterintelligence.
    (d) Upon development of the detailed proposals defined under 
subsection (c), the Director of National Intelligence and the Secretary 
of Defense shall--
            (1) provide the proposed alternatives to all affected 
        agencies;
            (2) receive certification from all affected agencies 
        attesting that the proposed alternatives will help achieve 
        auditability, improve fiscal reporting, and will not adversely 
        affect counterintelligence; and
            (3) not later than 30 days after receiving all necessary 
        certifications under paragraph (2), present the proposed 
        alternatives and certifications to the congressional defense and 
        intelligence committees.

    Sec. 8067.  In addition to amounts provided elsewhere in this Act, 
$10,000,000 is hereby appropriated to the Department of Defense, to 
remain available for obligation until expended:  Provided, That 
notwithstanding any other provision of law, that upon the

[[Page 132 STAT. 3017]]

determination of the Secretary of Defense that it shall serve the 
national interest, these funds shall be available only for a grant to 
the Fisher House Foundation, Inc., only for the construction and 
furnishing of additional Fisher Houses to meet the needs of military 
family members when confronted with the illness or hospitalization of an 
eligible military beneficiary.
    Sec. 8068.  None of the funds available to the Department of Defense 
may be obligated to modify command and control relationships to give 
Fleet Forces Command operational and administrative control of United 
States Navy forces assigned to the Pacific fleet:  Provided, That the 
command and control relationships which existed on October 1, 2004, 
shall remain in force until a written modification has been proposed to 
the House and Senate Appropriations Committees:  Provided further, That 
the proposed modification may be implemented 30 days after the 
notification unless an objection is received from either the House or 
Senate Appropriations Committees:  Provided further, That any proposed 
modification shall not preclude the ability of the commander of United 
States Pacific Command to meet operational requirements.
    Sec. 8069.  Any <<NOTE: 10 USC 2302 note.>>  notice that is required 
to be submitted to the Committees on Appropriations of the Senate and 
the House of Representatives under section 806(c)(4) of the Bob Stump 
National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 
note) after the date of the enactment of this Act shall be submitted 
pursuant to that requirement concurrently to the Subcommittees on 
Defense of the Committees on Appropriations of the Senate and the House 
of Representatives.

                      (including transfer of funds)

    Sec. 8070.  Of the amounts appropriated in this Act under the 
headings ``Procurement, Defense-Wide'' and ``Research, Development, Test 
and Evaluation, Defense-Wide'', $500,000,000 shall be for the Israeli 
Cooperative Programs:  Provided, That of this amount, $70,000,000 shall 
be for the Secretary of Defense to provide to the Government of Israel 
for the procurement of the Iron Dome defense system to counter short-
range rocket threats, subject to the U.S.-Israel Iron Dome Procurement 
Agreement, as amended; $187,000,000 shall be for the Short Range 
Ballistic Missile Defense (SRBMD) program, including cruise missile 
defense research and development under the SRBMD program, of which 
$50,000,000 shall be for co-production activities of SRBMD systems in 
the United States and in Israel to meet Israel's defense requirements 
consistent with each nation's laws, regulations, and procedures, subject 
to the U.S.-Israeli co-production agreement for SRBMD, as amended; 
$80,000,000 shall be for an upper-tier component to the Israeli Missile 
Defense Architecture, of which $80,000,000 shall be for co-production 
activities of Arrow 3 Upper Tier systems in the United States and in 
Israel to meet Israel's defense requirements consistent with each 
nation's laws, regulations, and procedures, subject to the U.S.-Israeli 
co-production agreement for Arrow 3 Upper Tier, as amended; and 
$163,000,000 shall be for the Arrow System Improvement Program including 
development of a long range, ground and airborne, detection suite:  
Provided further, That the transfer authority provided under this 
provision is in addition to any other transfer authority contained in 
this Act.

[[Page 132 STAT. 3018]]

                      (including transfer of funds)

    Sec. 8071.  Of the amounts appropriated in this Act under the 
heading ``Shipbuilding and Conversion, Navy'', $207,099,000 shall be 
available until September 30, 2019, to fund prior year shipbuilding cost 
increases:  Provided, That upon enactment of this Act, the Secretary of 
the Navy shall transfer funds to the following appropriations in the 
amounts specified:  Provided further, That the amounts transferred shall 
be merged with and be available for the same purposes as the 
appropriations to which transferred to:
            (1) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2011/2019: LHA Replacement $25,100,000;
            (2) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2013/2019: DDG-51 Destroyer $53,966,000;
            (3) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2014/2019: Littoral Combat Ship $19,498,000;
            (4) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2015/2019: Littoral Combat Ship $83,686,000;
            (5) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2015/2019: LCAC $9,400,000; and
            (6) Under the heading ``Shipbuilding and Conversion, Navy'', 
        2016/2019: TAO Fleet Oiler $15,449,000.

    Sec. 8072.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence activities are deemed to 
be specifically authorized by the Congress for purposes of section 504 
of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 
2019 until the enactment of the Intelligence Authorization Act for 
Fiscal Year 2019.
    Sec. 8073.  None of the funds provided in this Act shall be 
available for obligation or expenditure through a reprogramming of funds 
that creates or initiates a new program, project, or activity unless 
such program, project, or activity must be undertaken immediately in the 
interest of national security and only after written prior notification 
to the congressional defense committees.
    Sec. 8074.  The <<NOTE: 10 USC 221 note.>>  budget of the President 
for fiscal year 2020 submitted to the Congress pursuant to section 1105 
of title 31, United States Code, shall include separate budget 
justification documents for costs of United States Armed Forces' 
participation in contingency operations for the Military Personnel 
accounts, the Operation and Maintenance accounts, the Procurement 
accounts, and the Research, Development, Test and Evaluation accounts:  
Provided, That these documents shall include a description of the 
funding requested for each contingency operation, for each military 
service, to include all Active and Reserve components, and for each 
appropriations account:  Provided further, That these documents shall 
include estimated costs for each element of expense or object class, a 
reconciliation of increases and decreases for each contingency 
operation, and programmatic data including, but not limited to, troop 
strength for each Active and Reserve component, and estimates of the 
major weapons systems deployed in support of each contingency:  Provided 
further, That these documents shall include budget exhibits OP-5 and OP-
32 (as defined in the Department of Defense Financial Management 
Regulation) for all contingency operations for the budget year and the 
two preceding fiscal years.

[[Page 132 STAT. 3019]]

    Sec. 8075.  None of the funds in this Act may be used for research, 
development, test, evaluation, procurement or deployment of nuclear 
armed interceptors of a missile defense system.

                              (rescission)

    Sec. 8076.  Of the funds available to the Secretary of Defense in 
the ``Foreign Currency Fluctuations, Defense'' account, $250,000,000 are 
rescinded.
    Sec. 8077.  The Secretary of Defense may use up to $800,000,000 of 
the amounts appropriated or otherwise made available in this Act to the 
Department of Defense for the rapid acquisition and deployment of 
supplies and associated support services pursuant to section 806 of the 
Bob Stump National Defense Authorization Act for Fiscal Year 2003 
(Public Law 107-314; 10 U.S.C. 2302 note):  Provided, That the Secretary 
of Defense shall notify the congressional defense committees promptly of 
all uses of this authority.
    Sec. 8078.  None of the funds appropriated or made available in this 
Act shall be used to reduce or disestablish the operation of the 53rd 
Weather Reconnaissance Squadron of the Air Force Reserve, if such action 
would reduce the WC-130 Weather Reconnaissance mission below the levels 
funded in this Act:  Provided, That the Air Force shall allow the 53rd 
Weather Reconnaissance Squadron to perform other missions in support of 
national defense requirements during the non-hurricane season.
    Sec. 8079.  None of the funds provided in this Act shall be 
available for integration of foreign intelligence information unless the 
information has been lawfully collected and processed during the conduct 
of authorized foreign intelligence activities:  Provided, That 
information pertaining to United States persons shall only be handled in 
accordance with protections provided in the Fourth Amendment of the 
United States Constitution as implemented through Executive Order No. 
12333.
    Sec. 8080. (a) None of the funds appropriated by this Act may be 
used to transfer research and development, acquisition, or other program 
authority relating to current tactical unmanned aerial vehicles (TUAVs) 
from the Army.
    (b) The Army shall retain responsibility for and operational control 
of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to 
support the Secretary of Defense in matters relating to the employment 
of unmanned aerial vehicles.
    Sec. 8081.  None of the funds appropriated by this Act for programs 
of the Office of the Director of National Intelligence shall remain 
available for obligation beyond the current fiscal year, except for 
funds appropriated for research and technology, which shall remain 
available until September 30, 2020.
    Sec. 8082.  For purposes of section 1553(b) of title 31, United 
States Code, any subdivision of appropriations made in this Act under 
the heading ``Shipbuilding and Conversion, Navy'' shall be considered to 
be for the same purpose as any subdivision under the heading 
``Shipbuilding and Conversion, Navy'' appropriations in any prior fiscal 
year, and the 1 percent limitation shall apply to the total amount of 
the appropriation.
    Sec. 8083. (a) Not later than 60 days after the date of enactment of 
this Act, the Director of National Intelligence shall submit a report to 
the congressional intelligence committees to establish

[[Page 132 STAT. 3020]]

the baseline for application of reprogramming and transfer authorities 
for fiscal year 2019:  Provided, That the report shall include--
            (1) a table for each appropriation with a separate column to 
        display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation by 
        Expenditure Center and project; and
            (3) an identification of items of special congressional 
        interest.

    (b) None of the funds provided for the National Intelligence Program 
in this Act shall be available for reprogramming or transfer until the 
report identified in subsection (a) is submitted to the congressional 
intelligence committees, unless the Director of National Intelligence 
certifies in writing to the congressional intelligence committees that 
such reprogramming or transfer is necessary as an emergency requirement.
    Sec. 8084  None of the funds made available by this Act may be used 
to eliminate, restructure, or realign Army Contracting Command--New 
Jersey or make disproportionate personnel reductions at any Army 
Contracting Command--New Jersey sites without 30-day prior notification 
to the congressional defense committees.
    Sec. 8085.  Notwithstanding any other provision of law, any transfer 
of funds, appropriated or otherwise made available by this Act, for 
support to friendly foreign countries in connection with the conduct of 
operations in which the United States is not participating, pursuant to 
section 331(d) of title 10, United States Code, shall be made in 
accordance with sections 8005 or 9002 of this Act, as applicable.
    Sec. 8086.  Any transfer of amounts appropriated to, credited to, or 
deposited in the Department of Defense Acquisition Workforce Development 
Fund in or for fiscal year 2019 to a military department or Defense 
Agency pursuant to section 1705(e)(1) of title 10, United States Code, 
shall be covered by and subject to sections 8005 or 9002 of this Act, as 
applicable.
    Sec. 8087.  None of the funds made available by this Act for excess 
defense articles, assistance under section 333 of title 10, United 
States Code, or peacekeeping operations for the countries designated 
annually to be in violation of the standards of the Child Soldiers 
Prevention Act of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1) may be 
used to support any military training or operation that includes child 
soldiers, as defined by the Child Soldiers Prevention Act of 2008, 
unless such assistance is otherwise permitted under section 404 of the 
Child Soldiers Prevention Act of 2008.
    Sec. 8088. (a) None of the funds provided for the National 
Intelligence Program in this or any prior appropriations Act shall be 
available for obligation or expenditure through a reprogramming or 
transfer of funds in accordance with section 102A(d) of the National 
Security Act of 1947 (50 U.S.C. 3024(d)) that--
            (1) creates a new start effort;
            (2) terminates a program with appropriated funding of 
        $10,000,000 or more;
            (3) transfers funding into or out of the National 
        Intelligence Program; or
            (4) transfers funding between appropriations,

[[Page 132 STAT. 3021]]

unless the congressional intelligence committees are notified 30 days in 
advance of such reprogramming of funds; this notification period may be 
reduced for urgent national security requirements.
    (b) None of the funds provided for the National Intelligence Program 
in this or any prior appropriations Act shall be available for 
obligation or expenditure through a reprogramming or transfer of funds 
in accordance with section 102A(d) of the National Security Act of 1947 
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease of 
the levels specified in the classified annex accompanying the Act unless 
the congressional intelligence committees are notified 30 days in 
advance of such reprogramming of funds; this notification period may be 
reduced for urgent national security requirements.
    Sec. 8089.  The <<NOTE: 50 USC 3103 note.>>  Director of National 
Intelligence shall submit to Congress each year, at or about the time 
that the President's budget is submitted to Congress that year under 
section 1105(a) of title 31, United States Code, a future-years 
intelligence program (including associated annexes) reflecting the 
estimated expenditures and proposed appropriations included in that 
budget. Any such future-years intelligence program shall cover the 
fiscal year with respect to which the budget is submitted and at least 
the four succeeding fiscal years.

    Sec. 8090.  For the purposes of this Act, the term ``congressional 
intelligence committees'' means the Permanent Select Committee on 
Intelligence of the House of Representatives, the Select Committee on 
Intelligence of the Senate, the Subcommittee on Defense of the Committee 
on Appropriations of the House of Representatives, and the Subcommittee 
on Defense of the Committee on Appropriations of the Senate.

                      (including transfer of funds)

    Sec. 8091.  During the current fiscal year, not to exceed 
$11,000,000 from each of the appropriations made in title II of this Act 
for ``Operation and Maintenance, Army'', ``Operation and Maintenance, 
Navy'', and ``Operation and Maintenance, Air Force'' may be transferred 
by the military department concerned to its central fund established for 
Fisher Houses and Suites pursuant to section 2493(d) of title 10, United 
States Code.
    Sec. 8092.  None of the funds appropriated by this Act may be 
available for the purpose of making remittances to the Department of 
Defense Acquisition Workforce Development Fund in accordance with 
section 1705 of title 10, United States Code.
    Sec. 8093. (a) Any agency receiving funds made available in this 
Act, shall, subject to subsections (b) and (c), post on the public Web 
site of that agency any report required to be submitted by the Congress 
in this or any other Act, upon the determination by the head of the 
agency that it shall serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains proprietary information.

    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the requesting Committee or 
Committees of Congress for no less than 45 days.

[[Page 132 STAT. 3022]]

    Sec. 8094. (a) None of the funds appropriated or otherwise made 
available by this Act may be expended for any Federal contract for an 
amount in excess of $1,000,000, unless the contractor agrees not to--
            (1) enter into any agreement with any of its employees or 
        independent contractors that requires, as a condition of 
        employment, that the employee or independent contractor agree to 
        resolve through arbitration any claim under title VII of the 
        Civil Rights Act of 1964 or any tort related to or arising out 
        of sexual assault or harassment, including assault and battery, 
        intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or retention; or
            (2) take any action to enforce any provision of an existing 
        agreement with an employee or independent contractor that 
        mandates that the employee or independent contractor resolve 
        through arbitration any claim under title VII of the Civil 
        Rights Act of 1964 or any tort related to or arising out of 
        sexual assault or harassment, including assault and battery, 
        intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or retention.

    (b) None of the funds appropriated or otherwise made available by 
this Act may be expended for any Federal contract unless the contractor 
certifies that it requires each covered subcontractor to agree not to 
enter into, and not to take any action to enforce any provision of, any 
agreement as described in paragraphs (1) and (2) of subsection (a), with 
respect to any employee or independent contractor performing work 
related to such subcontract. For purposes of this subsection, a 
``covered subcontractor'' is an entity that has a subcontract in excess 
of $1,000,000 on a contract subject to subsection (a).
    (c) The prohibitions in this section do not apply with respect to a 
contractor's or subcontractor's agreements with employees or independent 
contractors that may not be enforced in a court of the United States.
    (d) The Secretary of Defense may waive the application of subsection 
(a) or (b) to a particular contractor or subcontractor for the purposes 
of a particular contract or subcontract if the Secretary or the Deputy 
Secretary personally determines that the waiver is necessary to avoid 
harm to national security interests of the United States, and that the 
term of the contract or subcontract is not longer than necessary to 
avoid such harm. The determination shall set forth with specificity the 
grounds for the waiver and for the contract or subcontract term 
selected, and shall state any alternatives considered in lieu of a 
waiver and the reasons each such alternative would not avoid harm to 
national security interests of the United States. The Secretary of 
Defense shall transmit to Congress, and simultaneously make public, any 
determination under this subsection not less than 15 business days 
before the contract or subcontract addressed in the determination may be 
awarded.

                      (including transfer of funds)

    Sec. 8095.  From within the funds appropriated for operation and 
maintenance for the Defense Health Program in this Act, up to 
$113,000,000, shall be available for transfer to the Joint Department of 
Defense-Department of Veterans Affairs Medical

[[Page 132 STAT. 3023]]

Facility Demonstration Fund in accordance with the provisions of section 
1704 of the National Defense Authorization Act for Fiscal Year 2010, 
Public Law 111-84:  Provided, That for purposes of section 1704(b), the 
facility operations funded are operations of the integrated Captain 
James A. Lovell Federal Health Care Center, consisting of the North 
Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care 
Center, and supporting facilities designated as a combined Federal 
medical facility as described by section 706 of Public Law 110-417:  
Provided further, That additional funds may be transferred from funds 
appropriated for operation and maintenance for the Defense Health 
Program to the Joint Department of Defense-Department of Veterans 
Affairs Medical Facility Demonstration Fund upon written notification by 
the Secretary of Defense to the Committees on Appropriations of the 
House of Representatives and the Senate.
    Sec. 8096.  None of the funds appropriated or otherwise made 
available by this Act may be used by the Department of Defense or a 
component thereof in contravention of the provisions of section 130h of 
title 10, United States Code.
    Sec. 8097.  Appropriations available to the Department of Defense 
may be used for the purchase of heavy and light armored vehicles for the 
physical security of personnel or for force protection purposes up to a 
limit of $450,000 per vehicle, notwithstanding price or other 
limitations applicable to the purchase of passenger carrying vehicles.

                      (including transfer of funds)

    Sec. 8098.  Upon a determination by the Director of National 
Intelligence that such action is necessary and in the national interest, 
the Director may, with the approval of the Office of Management and 
Budget, transfer not to exceed $1,500,000,000 of the funds made 
available in this Act for the National Intelligence Program:  Provided, 
That such authority to transfer may not be used unless for higher 
priority items, based on unforeseen intelligence requirements, than 
those for which originally appropriated and in no case where the item 
for which funds are requested has been denied by the Congress:  Provided 
further, That a request for multiple reprogrammings of funds using 
authority provided in this section shall be made prior to June 30, 2019.
    Sec. 8099.  None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, release, or 
assist in the transfer or release to or within the United States, its 
territories, or possessions Khalid Sheikh Mohammed or any other detainee 
who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department of 
        Defense.

    Sec. 8100. (a) None of the funds appropriated or otherwise made 
available in this or any other Act may be used to construct, acquire, or 
modify any facility in the United States, its territories, or 
possessions to house any individual described in subsection (c) for the 
purposes of detention or imprisonment in the custody or under the 
effective control of the Department of Defense.

[[Page 132 STAT. 3024]]

    (b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guantanamo 
Bay, Cuba.
    (c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of the 
        Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control of 
                the Department of Defense; or
                    (B) otherwise under detention at United States Naval 
                Station, Guantanamo Bay, Cuba.

    Sec. 8101.  None of the funds appropriated or otherwise made 
available in this Act may be used to transfer any individual detained at 
United States Naval Station Guantanamo Bay, Cuba, to the custody or 
control of the individual's country of origin, any other foreign 
country, or any other foreign entity except in accordance with section 
1034 of the National Defense Authorization Act for Fiscal Year 2016 
(Public Law 114-92) and section 1035 of the National Defense 
Authorization Act for Fiscal Year 2019 (Public Law 115-232).
    Sec. 8102.  None of the funds made available by this Act may be used 
in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.).
    Sec. 8103. (a) None of the funds appropriated or otherwise made 
available by this or any other Act may be used by the Secretary of 
Defense, or any other official or officer of the Department of Defense, 
to enter into a contract, memorandum of understanding, or cooperative 
agreement with, or make a grant to, or provide a loan or loan guarantee 
to Rosoboronexport or any subsidiary of Rosoboronexport.
    (b) The Secretary of Defense may waive the limitation in subsection 
(a) if the Secretary, in consultation with the Secretary of State and 
the Director of National Intelligence, determines that it is in the 
vital national security interest of the United States to do so, and 
certifies in writing to the congressional defense committees that, to 
the best of the Secretary's knowledge:
            (1) Rosoboronexport has ceased the transfer of lethal 
        military equipment to, and the maintenance of existing lethal 
        military equipment for, the Government of the Syrian Arab 
        Republic;
            (2) The armed forces of the Russian Federation have 
        withdrawn from Crimea, other than armed forces present on 
        military bases subject to agreements in force between the 
        Government of the Russian Federation and the Government of 
        Ukraine; and
            (3) Agents of the Russian Federation have ceased taking 
        active measures to destabilize the control of the Government of 
        Ukraine over eastern Ukraine.

    (c) The Inspector General of the Department of Defense shall conduct 
a review of any action involving Rosoboronexport with respect to a 
waiver issued by the Secretary of Defense pursuant to subsection (b), 
and not later than 90 days after the date on which such a waiver is 
issued by the Secretary of Defense, the

[[Page 132 STAT. 3025]]

Inspector General shall submit to the congressional defense committees a 
report containing the results of the review conducted with respect to 
such waiver.
    Sec. 8104.  None of the funds made available in this Act may be used 
for the purchase or manufacture of a flag of the United States unless 
such flags are treated as covered items under section 2533a(b) of title 
10, United States Code.
    Sec. 8105.  The Secretary of Defense, in consultation with the 
Service Secretaries, shall submit two reports to the congressional 
defense committees, not later than March 1, 2019, and not later than 
September 1, 2019, detailing the submission of records during the 
previous 6 months to databases accessible to the National Instant 
Criminal Background Check System (NICS), including the Interstate 
Identification Index (III), the National Crime Information Center 
(NCIC), and the NICS Index, as required by Public Law 110-180:  
Provided, That such reports shall provide the number and category of 
records submitted by month to each such database, by Service or 
Component:  Provided further, That such reports shall identify the 
number and category of records submitted by month to those databases for 
which the Identification for Firearm Sales (IFFS) flag or other database 
flags were used to pre-validate the records and indicate that such 
persons are prohibited from receiving or possessing a firearm:  Provided 
further, That such reports shall describe the steps taken during the 
previous 6 months, by Service or Component, to ensure complete and 
accurate submission and appropriate flagging of records of individuals 
prohibited from gun possession or receipt pursuant to 18 U.S.C. 922(g) 
or (n) including applicable records involving proceedings under the 
Uniform Code of Military Justice.
    Sec. 8106. (a) <<NOTE: 10 USC 2731 note.>>  Of the funds 
appropriated in this Act for the Department of Defense, amounts should 
be made available, under such regulations as the Secretary of Defense 
may prescribe, to local military commanders appointed by the Secretary, 
or by an officer or employee designated by the Secretary, to provide at 
their discretion ex gratia payments in amounts consistent with 
subsection (d) of this section for damage, personal injury, or death 
that is incident to combat operations of the Armed Forces in a foreign 
country.

    (b) An ex gratia payment under this section may be provided only 
if--
            (1) the prospective foreign civilian recipient is determined 
        by the local military commander to be friendly to the United 
        States;
            (2) a claim for damages would not be compensable under 
        chapter 163 of title 10, United States Code (commonly known as 
        the ``Foreign Claims Act''); and
            (3) the property damage, personal injury, or death was not 
        caused by action by an enemy.

    (c) Any payments provided under a program under subsection (a) shall 
not be considered an admission or acknowledgement of any legal 
obligation to compensate for any damage, personal injury, or death.
    (d) If the Secretary of Defense determines a program under 
subsection (a) to be appropriate in a particular setting, the amounts of 
payments, if any, to be provided to civilians determined to have 
suffered harm incident to combat operations of the Armed Forces under 
the program should be determined pursuant to regulations

[[Page 132 STAT. 3026]]

prescribed by the Secretary and based on an assessment, which should 
include such factors as cultural appropriateness and prevailing economic 
conditions.
    (e) Local military commanders shall receive legal advice before 
making ex gratia payments under this subsection. The legal advisor, 
under regulations of the Department of Defense, shall advise on whether 
an ex gratia payment is proper under this section and applicable 
Department of Defense regulations.
    (f) A written record of any ex gratia payment offered or denied 
shall be kept by the local commander and on a timely basis submitted to 
the appropriate office in the Department of Defense as determined by the 
Secretary of Defense.
    (g) The Secretary of Defense shall report to the congressional 
defense committees on an annual basis the efficacy of the ex gratia 
payment program including the number of types of cases considered, 
amounts offered, the response from ex gratia payment recipients, and any 
recommended modifications to the program.
    Sec. 8107.  None of the funds available in this Act to the 
Department of Defense, other than appropriations made for necessary or 
routine refurbishments, upgrades or maintenance activities, shall be 
used to reduce or to prepare to reduce the number of deployed and non-
deployed strategic delivery vehicles and launchers below the levels set 
forth in the report submitted to Congress in accordance with section 
1042 of the National Defense Authorization Act for Fiscal Year 2012.
    Sec. 8108.  The Secretary of Defense shall post grant awards on a 
public Website in a searchable format.
    Sec. 8109.  The Secretary of each military department, in reducing 
each research, development, test and evaluation and procurement account 
of the military department as required under paragraph (1) of section 
828(d) of the National Defense Authorization Act for Fiscal Year 2016 
(Public Law 114-92; 10 U.S.C. 2430 note), as amended by section 
825(a)(3) of the National Defense Authorization Act for Fiscal Year 
2018, shall allocate the percentage reduction determined under paragraph 
(2) of such section 828(d) proportionally from all programs, projects, 
or activities under such account:  Provided, That the authority under 
section 804(d)(2) of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) to transfer amounts 
available in the Rapid Prototyping Fund shall be subject to section 8005 
or 9002 of this Act, as applicable.
    Sec. 8110.  None of the funds made available by this Act may be used 
to fund the performance of a flight demonstration team at a location 
outside of the United States:  Provided, That this prohibition applies 
only if a performance of a flight demonstration team at a location 
within the United States was canceled during the current fiscal year due 
to insufficient funding.
    Sec. 8111.  None of the funds made available by this Act may be used 
by the National Security Agency to--
            (1) conduct an acquisition pursuant to section 702 of the 
        Foreign Intelligence Surveillance Act of 1978 for the purpose of 
        targeting a United States person; or
            (2) acquire, monitor, or store the contents (as such term is 
        defined in section 2510(8) of title 18, United States Code) of 
        any electronic communication of a United States person from a 
        provider of electronic communication services to the

[[Page 132 STAT. 3027]]

        public pursuant to section 501 of the Foreign Intelligence 
        Surveillance Act of 1978.

    Sec. 8112.  None of the funds made available by this Act may be 
obligated or expended to implement the Arms Trade Treaty until the 
Senate approves a resolution of ratification for the Treaty.
    Sec. 8113.  None of the funds made available in this or any other 
Act may be used to pay the salary of any officer or employee of any 
agency funded by this Act who approves or implements the transfer of 
administrative responsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction of another 
Federal agency not financed by this Act without the express 
authorization of Congress:  Provided, That this limitation shall not 
apply to transfers of funds expressly provided for in Defense 
Appropriations Acts, or provisions of Acts providing supplemental 
appropriations for the Department of Defense.
    Sec. 8114.  Of the amounts appropriated in this Act for ``Operation 
and Maintenance, Navy'', $310,805,000, to remain available until 
expended, may be used for any purposes related to the National Defense 
Reserve Fleet established under section 11 of the Merchant Ship Sales 
Act of 1946 (50 U.S.C. 4405):  Provided, That such amounts are available 
for reimbursements to the Ready Reserve Force, Maritime Administration 
account of the United States Department of Transportation for programs, 
projects, activities, and expenses related to the National Defense 
Reserve Fleet.
    Sec. 8115.  None of the funds made available in this Act may be 
obligated for activities authorized under section 1208 of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 112-81; 125 Stat. 1621) to initiate support for, or expand support 
to, foreign forces, irregular forces, groups, or individuals unless the 
congressional defense committees are notified in accordance with the 
direction contained in the classified annex accompanying this Act, not 
less than 15 days before initiating such support:  Provided, That none 
of the funds made available in this Act may be used under section 1208 
for any activity that is not in support of an ongoing military operation 
being conducted by United States Special Operations Forces to combat 
terrorism:  Provided further, That the Secretary of Defense may waive 
the prohibitions in this section if the Secretary determines that such 
waiver is required by extraordinary circumstances and, by not later than 
72 hours after making such waiver, notifies the congressional defense 
committees of such waiver.
    Sec. 8116.  None of the funds made available by this Act may be used 
with respect to Iraq in contravention of the War Powers Resolution (50 
U.S.C. 1541 et seq.), including for the introduction of United States 
armed forces into hostilities in Iraq, into situations in Iraq where 
imminent involvement in hostilities is clearly indicated by the 
circumstances, or into Iraqi territory, airspace, or waters while 
equipped for combat, in contravention of the congressional consultation 
and reporting requirements of sections 3 and 4 of such Resolution (50 
U.S.C. 1542 and 1543).
    Sec. 8117.  None of the funds provided in this Act for the TAO Fleet 
Oiler program shall be used to award a new contract that provides for 
the acquisition of the following components unless those components are 
manufactured in the United States: Auxiliary equipment (including pumps) 
for shipboard services; propulsion

[[Page 132 STAT. 3028]]

equipment (including engines, reduction gears, and propellers); 
shipboard cranes; and spreaders for shipboard cranes.
    Sec. 8118.  Notwithstanding any other provision of this Act, to 
mitigate higher than anticipated fuel costs, the total amount 
appropriated in title II of this Act is hereby increased by 
$750,000,000.
    Sec. 8119.  No amounts credited or otherwise made available in this 
or any other Act to the Department of Defense Acquisition Workforce 
Development Fund may be transferred to:
            (1) the Rapid Prototyping Fund established under section 
        804(d) of the National Defense Authorization Act for Fiscal Year 
        2016 (10 U.S.C. 2302 note); or
            (2) credited to a military-department specific fund 
        established under section 804(d)(2) of the National Defense 
        Authorization Act for Fiscal Year 2016 (as amended by section 
        897 of the National Defense Authorization Act for Fiscal Year 
        2017).

    Sec. 8120.  None of the funds made available by this Act may be used 
for Government Travel Charge Card expenses by military or civilian 
personnel of the Department of Defense for gaming, or for entertainment 
that includes topless or nude entertainers or participants, as 
prohibited by Department of Defense FMR, Volume 9, Chapter 3 and 
Department of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
    Sec. 8121.  Notwithstanding any other provision of law, from funds 
made available to the Department of Defense in title II of this Act 
under the heading ``Operation and Maintenance, Defense-Wide'', 
$15,000,000 shall be available for a project in a country designated by 
the Secretary of Defense:  Provided, That in furtherance of the project, 
the Department of Defense is authorized to acquire services, including 
services performed pursuant to a grant agreement, from another Federal 
agency, on an advance of funds or reimbursable basis:  Provided further, 
That an order for services placed under this section is deemed to be an 
obligation in the same manner that a similar order placed under a 
contract with a private contractor is an obligation.
    Sec. 8122.  None of the funds made available by this Act may be used 
to propose, plan for, or execute a new or additional Base Realignment 
and Closure (BRAC) round.
    Sec. 8123.  None of the funds appropriated by this Act may be made 
available to deliver F-35 aircraft to the Republic of Turkey, except in 
accordance with section 1282 of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public Law 115-232).

                      (including transfer of funds)

    Sec. 8124.  Of the amounts appropriated in this Act, the Secretary 
of Defense may use up to $65,442,000 under the heading ``Operation and 
Maintenance, Defense-Wide'', and up to $55,400,000 under the heading 
``Research, Development, Test and Evaluation, Defense-Wide'' to develop, 
replace, and sustain Federal Government security and suitability 
background investigation information technology systems of the Office of 
Personnel Management or other Federal agency responsible for conducting 
such investigations:  Provided, That the Secretary may transfer 
additional amounts into

[[Page 132 STAT. 3029]]

these headings or into ``Procurement, Defense-Wide'' using established 
reprogramming procedures prescribed in the Department of Defense 
Financial Management Regulation 7000.14, Volume 3, Chapter 6, dated 
September 2015:  Provided further, That such funds shall supplement, not 
supplant any other amounts made available to other Federal agencies for 
such purposes.
    Sec. 8125.  None of the funds made available by this Act may be used 
to carry out the closure or realignment of the United States Naval 
Station, Guantanamo Bay, Cuba.
    Sec. 8126. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network is 
designed to block access to pornography websites.
    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities, or for any activity necessary for the national 
defense, including intelligence activities.
    Sec. 8127.  Notwithstanding any other provision of law, any transfer 
of funds appropriated or otherwise made available by this Act to the 
Global Engagement Center established by section 1287 of the National 
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 
Stat. 22 U.S.C. 2656 note) shall be made in accordance with section 8005 
or 9002 of this Act, as applicable.
    Sec. 8128.  In addition to amounts provided elsewhere in this Act, 
there is appropriated $270,000,000, for an additional amount for 
``Operation and Maintenance, Defense-Wide'', to remain available until 
expended:  Provided, That such funds shall only be available to the 
Secretary of Defense, acting through the Office of Economic Adjustment 
of the Department of Defense, or for transfer to the Secretary of 
Education, notwithstanding any other provision of law, to make grants, 
conclude cooperative agreements, or supplement other Federal funds to 
construct, renovate, repair, or expand elementary and secondary public 
schools on military installations in order to address capacity or 
facility condition deficiencies at such schools:  Provided  further, 
That in making such funds available, the Office of Economic Adjustment 
or the Secretary of Education shall give priority consideration to those 
military installations with schools having the most serious capacity or 
facility condition deficiencies as determined by the Secretary of 
Defense:  Provided further, That as a condition of receiving funds under 
this section a local educational agency or State shall provide a 
matching share as described in the notice titled ``Department of Defense 
Program for Construction, Renovation, Repair or Expansion of Public 
Schools Located on Military Installations'' published by the Department 
of Defense in the Federal Register on September 9, 2011 (76 Fed. Reg. 
55883 et seq.):  Provided further, That these provisions apply to funds 
provided under this section, and to funds previously provided by 
Congress to construct, renovate, repair, or expand elementary and 
secondary public schools on military installations in order to address 
capacity or facility condition deficiencies at such schools to the 
extent such funds remain unobligated on the date of enactment of this 
section.
    Sec. 8129.  In carrying out the program described in the memorandum 
on the subject of ``Policy for Assisted Reproductive Services for the 
Benefit of Seriously or Severely Ill/Injured (Category II

[[Page 132 STAT. 3030]]

or III) Active Duty Service Members'' issued by the Assistant Secretary 
of Defense for Health Affairs on April 3, 2012, and the guidance issued 
to implement such memorandum, the Secretary of Defense shall apply such 
policy and guidance, except that--
            (1) the limitation on periods regarding embryo 
        cryopreservation and storage set forth in part III(G) and in 
        part IV(H) of such memorandum shall not apply; and
            (2) the term ``assisted reproductive technology'' shall 
        include embryo cryopreservation and storage without limitation 
        on the duration of such cryopreservation and storage.

    Sec. 8130.  None of the funds made available by this Act may be used 
to provide arms, training, or other assistance to the Azov Battalion.
    Sec. 8131.  None of the funds made available by this Act may be used 
to purchase heavy water from Iran.
    Sec. 8132.  The amount appropriated in title II of this Act for 
``Operation and Maintenance, Army'' is hereby reduced by $50,000,000 to 
reflect excess cash balances in Department of Defense Working Capital 
Funds.
    Sec. 8133.  The amount appropriated in title II of this Act for 
``Operation and Maintenance, Navy'' is hereby reduced by $50,000,000 to 
reflect excess cash balances in Department of Defense Working Capital 
Funds.
    Sec. 8134.  None of the funds provided for, or otherwise made 
available, in this or any other Act, may be obligated or expended by the 
Secretary of Defense to provide motorized vehicles, aviation platforms, 
munitions other than small arms and munitions appropriate for customary 
ceremonial honors, operational military units, or operational military 
platforms if the Secretary determines that providing such units, 
platforms, or equipment would undermine the readiness of such units, 
platforms, or equipment.
    Sec. 8135.  The Secretary of Defense may obligate and expend funds 
made available under this Act for procurement or for research, 
development, test and evaluation for the F-35 Joint Strike Fighter to 
modify up to six F-35 aircraft, including up to two F-35 aircraft of 
each variant, to a test configuration:  Provided, That the Secretary of 
Defense shall, with the concurrence of the Secretary of the Air Force 
and the Secretary of the Navy, notify the congressional defense 
committees not fewer than 30 days prior to obligating and expending 
funds under this section:  Provided further, That any transfer of funds 
pursuant to the authority provided in this section shall be made in 
accordance with sections 8005 or 9002 of this Act, as appropriate, if 
applicable.
    Sec. 8136.  Amounts <<NOTE: 10 USC 1475 note.>>  appropriated for 
``Defense Health Program'' in this Act and hereafter may be obligated to 
make death gratuity payments, as authorized in subchapter II of chapter 
75 of title 10, United States Code, if no appropriation for ``Military 
Personnel'' is available for obligation for such payments:  Provided, 
That such obligations may subsequently be recorded against 
appropriations available for ``Military Personnel''.

    Sec. 8137.  None of the funds appropriated or otherwise made 
available by this or any other Act may be obligated or expended by the 
Department of Defense to migrate data and applications to the proposed 
Joint Enterprise Defense Infrastructure or the Defense Enterprise Office 
Solutions cloud computing services until a period of 90 days has elapsed 
following the date on which the

[[Page 132 STAT. 3031]]

Secretary of Defense submits to the congressional defense committees--
            (1) a proposed plan to establish a budget accounting system 
        that provides transparency across the Department, including all 
        military Services and Defense Agencies, for funds requested and 
        expended for all cloud computing services procured by the 
        Department and funds requested and expended to migrate to a 
        cloud computing environment; and
            (2) a detailed description of the Department's strategy to 
        implement enterprise-wide cloud computing, including the goals 
        and acquisition strategies for all proposed enterprise-wide 
        cloud computing service procurements; the strategy to sustain 
        competition and innovation throughout the period of performance 
        of each contract, including defining opportunities for multiple 
        cloud service providers and insertion of new technologies; and 
        an assessment of potential threats and security vulnerabilities 
        of the proposed cloud computing strategy, and plans to mitigate 
        such risks.

    Sec. 8138. (a) None of the funds made available by this or any other 
Act may be used to enter into a contract, memorandum of understanding, 
or cooperative agreement with, make a grant to, or provide a loan or 
loan guarantee to any corporation that has any unpaid Federal tax 
liability that has been assessed, for which all judicial and 
administrative remedies have been exhausted or have lapsed, and that is 
not being paid in a timely manner pursuant to an agreement with the 
authority responsible for collecting such tax liability, provided that 
the applicable Federal agency is aware of the unpaid Federal tax 
liability.
    (b) Subsection (a) shall not apply if the applicable Federal agency 
has considered suspension or debarment of the corporation described in 
such subsection and has made a determination that such suspension or 
debarment is not necessary to protect the interests of the Federal 
Government.
    Sec. 8139.  None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended for assistance to the 
Islamic Republic of Iran unless specifically appropriated for that 
purpose.
    Sec. 8140.  From amounts appropriated or otherwise made available by 
title II of this division under the heading ``Operation and Maintenance, 
Air Force'', the Secretary of Defense may reimburse the Government of 
the Republic of Palau in an amount not to exceed $9,700,000 for land 
acquisition costs for defense sites.
    Sec. 8141.  None of the funds made available by this Act may be used 
in contravention of--
            (1) Executive Order No. 13175 (65 Fed. Reg. 67249; relating 
        to consultation and coordination with Indian Tribal 
        governments); or
            (2) section 1501.2(d)(2) of title 40, Code of Federal 
        Regulations.

    Sec. 8142.  Of the funds appropriated to the Department of Defense 
under the heading ``Operation and Maintenance, Air National Guard'', not 
more than $20,000,000 shall be available to the Secretary of the Air 
Force for payments to a local water authority located in the vicinity of 
an Air National Guard base, or to a state in which the local water 
authority is located, for the treatment of perfluorooctane sulfonic acid 
and perfluorooctanoic

[[Page 132 STAT. 3032]]

acid in drinking water from the wells owned and operated by the local 
water authority undertaken to attain the United States Environmental 
Protection Agency Lifetime Health Advisory level for such acids:  
Provided, That the applicable Lifetime Health Advisory shall be the one 
in effect on October 1, 2017:  Provided further, That the local water 
authority must have requested such a payment from the National Guard 
Bureau in fiscal year 2018:  Provided further, That the elevated levels 
of such acids in the water was the result of activities conducted by or 
paid for by the Department of the Air Force:  Provided further, That 
such funds may be expended without regard to existing contractual 
provisions in agreements between the Department of the Air Force or the 
National Guard Bureau, as the case may be, and the state in which the 
base is located relating to environmental response actions or 
indemnification:  Provided further, That, in order to be eligible for 
payment under this section, such treatment must have taken place after 
January 1, 2017, but prior to the date of enactment of this act, and the 
local water authority or state, as the case may be, must waive all 
claims for treatment expenses incurred before such date of enactment:  
Provided further, That any payment under this section may not exceed the 
actual cost of such treatment resulting from the activities conducted by 
or paid for by the Department of the Air Force:  Provided further, That 
the Secretary may enter into such agreements with the local water 
authority or state as may be necessary to implement this section:  
Provided further, That the Secretary may pay, utilizing the Defense 
State Memorandum of Agreement, costs that would otherwise be eligible 
for payment under that agreement were those costs paid using funds 
appropriated to the Environmental Restoration Account, Air Force, 
established under section 2703(a)(4) of title 10, United States Code.

                                TITLE IX

                     OVERSEAS CONTINGENCY OPERATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$2,929,154,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$385,461,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$109,232,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War

[[Page 132 STAT. 3033]]

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                      Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$964,508,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                         Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$37,007,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                         Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$11,100,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                     Reserve Personnel, Marine Corps

    For an additional amount for ``Reserve Personnel, Marine Corps'', 
$2,380,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                      Reserve Personnel, Air Force

    For an additional amount for ``Reserve Personnel, Air Force'', 
$21,076,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$195,283,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                   National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $5,460,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

[[Page 132 STAT. 3034]]

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$18,548,500,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$5,172,155,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                 Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $1,292,995,000:  Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $9,828,674,000:  Provided, That such amount is designated by 
the Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                 Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $8,105,991,000:  Provided, That of the funds provided under this 
heading, not to exceed $900,000,000, to remain available until September 
30, 2020, shall be for payments to reimburse key cooperating nations for 
logistical, military, and other support, including access, provided to 
United States military and stability operations in Afghanistan and to 
counter the Islamic State of Iraq and Syria:  Provided further, That 
such reimbursement payments may be made in such amounts as the Secretary 
of Defense, with the concurrence of the Secretary of State, and in 
consultation with the Director of the Office of Management and Budget, 
may determine, based on documentation determined by the Secretary of 
Defense to adequately account for the support provided, and such 
determination is final and conclusive upon the accounting officers of 
the United States, and 15 days following notification to the appropriate 
congressional committees:  Provided further, That these funds may be 
used for the purpose of providing specialized training and procuring 
supplies and specialized equipment and providing such supplies and 
loaning such equipment on a non-reimbursable basis to coalition forces 
supporting United States military and stability operations in 
Afghanistan and to counter the Islamic State

[[Page 132 STAT. 3035]]

of Iraq and Syria, and 15 days following notification to the appropriate 
congressional committees:  Provided further, That these funds may be 
used to support the Government of Jordan in such amounts as the 
Secretary of Defense may determine, to enhance the ability of the armed 
forces of Jordan to increase or sustain security along its borders, upon 
15 days prior written notification to the congressional defense 
committees outlining the amounts intended to be provided and the nature 
of the expenses incurred:  Provided further, That of the funds provided 
under this heading, not to exceed $793,442,000, to remain available 
until September 30, 2020, shall be available to provide support and 
assistance to foreign security forces or other groups or individuals to 
conduct, support or facilitate counterterrorism, crisis response, or 
other Department of Defense security cooperation programs:  Provided 
further, That the Secretary of Defense shall provide quarterly reports 
to the congressional defense committees on the use of funds provided in 
this paragraph:  Provided further, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                 Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $41,887,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                 Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $25,637,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

             Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $3,345,000:  Provided, That such amount is designated 
by the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $60,500,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $110,729,000:  Provided, That such amount is 
designated by the Congress for Overseas Contingency Operations/

[[Page 132 STAT. 3036]]

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

              Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $15,870,000:  Provided, That such amount is designated 
by the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                    Afghanistan Security Forces Fund

    For the ``Afghanistan Security Forces Fund'', $4,920,000,000, to 
remain available until September 30, 2020:  Provided, That such funds 
shall be available to the Secretary of Defense for the purpose of 
allowing the Commander, Combined Security Transition Command--
Afghanistan, or the Secretary's designee, to provide assistance, with 
the concurrence of the Secretary of State, to the security forces of 
Afghanistan, including the provision of equipment, supplies, services, 
training, facility and infrastructure repair, renovation, construction, 
and funding:  Provided further, That the Secretary of Defense may 
obligate and expend funds made available to the Department of Defense in 
this title for additional costs associated with existing projects 
previously funded with amounts provided under the heading ``Afghanistan 
Infrastructure Fund'' in prior Acts:  Provided further, That such costs 
shall be limited to contract changes resulting from inflation, market 
fluctuation, rate adjustments, and other necessary contract actions to 
complete existing projects, and associated supervision and 
administration costs and costs for design during construction:  Provided 
further, That the Secretary may not use more than $50,000,000 under the 
authority provided in this section:  Provided further, That the 
Secretary shall notify in advance such contract changes and adjustments 
in annual reports to the congressional defense committees:  Provided 
further, That the authority to provide assistance under this heading is 
in addition to any other authority to provide assistance to foreign 
nations:  Provided further, That contributions of funds for the purposes 
provided herein from any person, foreign government, or international 
organization may be credited to this Fund, to remain available until 
expended, and used for such purposes:  Provided further, That the 
Secretary of Defense shall notify the congressional defense committees 
in writing upon the receipt and upon the obligation of any contribution, 
delineating the sources and amounts of the funds received and the 
specific use of such contributions:  Provided further, That the 
Secretary of Defense shall, not fewer than 15 days prior to obligating 
from this appropriation account, notify the congressional defense 
committees in writing of the details of any such obligation:  Provided 
further, That the Secretary of Defense shall notify the congressional 
defense committees of any proposed new projects or transfer of funds 
between budget sub-activity groups in excess of $20,000,000:  Provided 
further, That the United States may accept equipment procured using 
funds provided under this heading in this or prior Acts that was 
transferred to the security forces of Afghanistan and returned by such 
forces to the United States:  Provided further, That equipment procured 
using funds provided under this heading in this or prior Acts, and not 
yet transferred to the security forces of Afghanistan or transferred

[[Page 132 STAT. 3037]]

to the security forces of Afghanistan and returned by such forces to the 
United States, may be treated as stocks of the Department of Defense 
upon written notification to the congressional defense committees:  
Provided further, That of the funds provided under this heading, not 
less than $10,000,000 shall be for recruitment and retention of women in 
the Afghanistan National Security Forces, and the recruitment and 
training of female security personnel:  Provided further, That such 
amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                    Counter-ISIS Train and Equip Fund

    For the ``Counter-Islamic State of Iraq and Syria Train and Equip 
Fund'', $1,352,200,000, to remain available until September 30, 2020:  
Provided, That such funds shall be available to the Secretary of Defense 
in coordination with the Secretary of State, to provide assistance, 
including training; equipment; logistics support, supplies, and 
services; stipends; infrastructure repair and renovation; and 
sustainment, to foreign security forces, irregular forces, groups, or 
individuals participating, or preparing to participate in activities to 
counter the Islamic State of Iraq and Syria, and their affiliated or 
associated groups:  Provided further, That these funds may be used in 
such amounts as the Secretary of Defense may determine to enhance the 
border security of nations adjacent to conflict areas including Jordan, 
Lebanon, Egypt, and Tunisia resulting from actions of the Islamic State 
of Iraq and Syria:  Provided further, That amounts made available under 
this heading shall be available to provide assistance only for 
activities in a country designated by the Secretary of Defense, in 
coordination with the Secretary of State, as having a security mission 
to counter the Islamic State of Iraq and Syria, and following written 
notification to the congressional defense committees of such 
designation:  Provided further, That the Secretary of Defense shall 
ensure that prior to providing assistance to elements of any forces or 
individuals, such elements or individuals are appropriately vetted, 
including at a minimum, assessing such elements for associations with 
terrorist groups or groups associated with the Government of Iran; and 
receiving commitments from such elements to promote respect for human 
rights and the rule of law:  Provided further, That the Secretary of 
Defense shall, not fewer than 15 days prior to obligating from this 
appropriation account, notify the congressional defense committees in 
writing of the details of any such obligation:  Provided further, That 
the Secretary of Defense may accept and retain contributions, including 
assistance in-kind, from foreign governments, including the Government 
of Iraq and other entities, to carry out assistance authorized under 
this heading:  Provided further, That contributions of funds for the 
purposes provided herein from any foreign government or other entity may 
be credited to this Fund, to remain available until expended, and used 
for such purposes:  Provided further, That the Secretary of Defense may 
waive a provision of law relating to the acquisition of items and 
support services or sections 40 and 40A of the Arms Export Control Act 
(22 U.S.C. 2780 and 2785) if the Secretary determines that such 
provision of law would prohibit, restrict, delay or otherwise limit the 
provision of such assistance and a notice of and justification for such 
waiver

[[Page 132 STAT. 3038]]

is submitted to the congressional defense committees, the Committees on 
Appropriations and Foreign Relations of the Senate and the Committees on 
Appropriations and Foreign Affairs of the House of Representatives:  
Provided further, That the United States may accept equipment procured 
using funds provided under this heading, or under the heading, ``Iraq 
Train and Equip Fund'' in prior Acts, that was transferred to security 
forces, irregular forces, or groups participating, or preparing to 
participate in activities to counter the Islamic State of Iraq and Syria 
and returned by such forces or groups to the United States, and such 
equipment may be treated as stocks of the Department of Defense upon 
written notification to the congressional defense committees:  Provided 
further, That equipment procured using funds provided under this 
heading, or under the heading, ``Iraq Train and Equip Fund'' in prior 
Acts, and not yet transferred to security forces, irregular forces, or 
groups participating, or preparing to participate in activities to 
counter the Islamic State of Iraq and Syria may be treated as stocks of 
the Department of Defense when determined by the Secretary to no longer 
be required for transfer to such forces or groups and upon written 
notification to the congressional defense committees:  Provided further, 
That the Secretary of Defense shall provide quarterly reports to the 
congressional defense committees on the use of funds provided under this 
heading, including, but not limited to, the number of individuals 
trained, the nature and scope of support and sustainment provided to 
each group or individual, the area of operations for each group, and the 
contributions of other countries, groups, or individuals:  Provided 
further, That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                               PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$346,963,000, to remain available until September 30, 2021:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$1,729,904,000, to remain available until September 30, 2021:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $1,102,108,000, to remain available until 
September 30, 2021:  Provided, That such amount is

[[Page 132 STAT. 3039]]

designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

                     Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$299,075,000, to remain available until September 30, 2021:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                         Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$1,364,045,000, to remain available until September 30, 2021:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$232,119,000, to remain available until September 30, 2021:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$14,134,000, to remain available until September 30, 2021:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $229,783,000, to remain available until September 30, 
2021:  Provided, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                         Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$181,173,000, to remain available until September 30, 2021:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

[[Page 132 STAT. 3040]]

                        Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$58,023,000, to remain available until September 30, 2021:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                     Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$955,248,000, to remain available until September 30, 2021:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$493,526,000, to remain available until September 30, 2021:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                  Procurement of Ammunition, Air Force

    For an additional amount for ``Procurement of Ammunition, Air 
Force'', $1,371,516,000, to remain available until September 30, 2021:  
Provided, That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$3,677,276,000, to remain available until September 30, 2021:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                        Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$572,135,000, to remain available until September 30, 2021:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

[[Page 132 STAT. 3041]]

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $300,604,000, to remain available until September 
30, 2020:  Provided, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $167,812,000, to remain available until September 
30, 2020:  Provided, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

          Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $321,934,000, to remain available until 
September 30, 2020:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $403,044,000, to remain available until 
September 30, 2020:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$15,190,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$352,068,000, which shall be for operation and maintenance:  Provided, 
That such amount is designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

[[Page 132 STAT. 3042]]

         Drug Interdiction and Counter-Drug Activities, Defense

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities, Defense'', $153,100,000:  Provided, That such amount is 
designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.

                     Office of the Inspector General

    For an additional amount for the ``Office of the Inspector 
General'', $24,692,000:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 9001.  Notwithstanding any other provision of law, funds made 
available in this title are in addition to amounts appropriated or 
otherwise made available for the Department of Defense for fiscal year 
2019.

                      (including transfer of funds)

    Sec. 9002.  Upon the determination of the Secretary of Defense that 
such action is necessary in the national interest, the Secretary may, 
with the approval of the Office of Management and Budget, transfer up to 
$2,000,000,000 between the appropriations or funds made available to the 
Department of Defense in this title:  Provided, That the Secretary shall 
notify the Congress promptly of each transfer made pursuant to the 
authority in this section:  Provided further, That the authority 
provided in this section is in addition to any other transfer authority 
available to the Department of Defense and is subject to the same terms 
and conditions as the authority provided in section 8005 of this Act.
    Sec. 9003.  Supervision and administration costs and costs for 
design during construction associated with a construction project funded 
with appropriations available for operation and maintenance or the 
``Afghanistan Security Forces Fund'' provided in this Act and executed 
in direct support of overseas contingency operations in Afghanistan, may 
be obligated at the time a construction contract is awarded:  Provided, 
That, for the purpose of this section, supervision and administration 
costs and costs for design during construction include all in-house 
Government costs.
    Sec. 9004.  From funds made available in this title, the Secretary 
of Defense may purchase for use by military and civilian employees of 
the Department of Defense in the United States Central Command area of 
responsibility: (1) passenger motor vehicles up to a limit of $75,000 
per vehicle; and (2) heavy and light armored vehicles for the physical 
security of personnel or for force protection purposes up to a limit of 
$450,000 per vehicle, notwithstanding price or other limitations 
applicable to the purchase of passenger carrying vehicles.
    Sec. 9005.  Not to exceed $10,000,000 of the amounts appropriated by 
this title under the heading ``Operation and Maintenance, Army'' may be 
used, notwithstanding any other provision of law,

[[Page 132 STAT. 3043]]

to fund the Commanders' Emergency Response Program (CERP), for the 
purpose of enabling military commanders in Afghanistan to respond to 
urgent, small-scale, humanitarian relief and reconstruction requirements 
within their areas of responsibility:  Provided, That each project 
(including any ancillary or related elements in connection with such 
project) executed under this authority shall not exceed $2,000,000:  
Provided further, That not later than 45 days after the end of each 6 
months of the fiscal year, the Secretary of Defense shall submit to the 
congressional defense committees a report regarding the source of funds 
and the allocation and use of funds during that 6-month period that were 
made available pursuant to the authority provided in this section or 
under any other provision of law for the purposes described herein:  
Provided further, That, not later than 30 days after the end of each 
fiscal year quarter, the Army shall submit to the congressional defense 
committees quarterly commitment, obligation, and expenditure data for 
the CERP in Afghanistan:  Provided further, That, not less than 15 days 
before making funds available pursuant to the authority provided in this 
section or under any other provision of law for the purposes described 
herein for a project with a total anticipated cost for completion of 
$500,000 or more, the Secretary shall submit to the congressional 
defense committees a written notice containing each of the following:
            (1) The location, nature and purpose of the proposed 
        project, including how the project is intended to advance the 
        military campaign plan for the country in which it is to be 
        carried out.
            (2) The budget, implementation timeline with milestones, and 
        completion date for the proposed project, including any other 
        CERP funding that has been or is anticipated to be contributed 
        to the completion of the project.
            (3) A plan for the sustainment of the proposed project, 
        including the agreement with either the host nation, a non-
        Department of Defense agency of the United States Government or 
        a third-party contributor to finance the sustainment of the 
        activities and maintenance of any equipment or facilities to be 
        provided through the proposed project.

    Sec. 9006.  Funds available to the Department of Defense for 
operation and maintenance may be used, notwithstanding any other 
provision of law, to provide supplies, services, transportation, 
including airlift and sealift, and other logistical support to allied 
forces participating in a combined operation with the armed forces of 
the United States and coalition forces supporting military and stability 
operations in Afghanistan and to counter the Islamic State of Iraq and 
Syria:  Provided, That the Secretary of Defense shall provide quarterly 
reports to the congressional defense committees regarding support 
provided under this section.
    Sec. 9007.  None of the funds appropriated or otherwise made 
available by this or any other Act shall be obligated or expended by the 
United States Government for a purpose as follows:
            (1) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Iraq.
            (2) To exercise United States control over any oil resource 
        of Iraq.

[[Page 132 STAT. 3044]]

            (3) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Afghanistan.

    Sec. 9008.  None of the funds made available in this Act may be used 
in contravention of the following laws enacted or regulations 
promulgated to implement the United Nations Convention Against Torture 
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at 
New York on December 10, 1984):
            (1) Section 2340A of title 18, United States Code.
            (2) Section 2242 of the Foreign Affairs Reform and 
        Restructuring Act of 1998 (division G of Public Law 105-277; 112 
        Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed 
        thereto, including regulations under part 208 of title 8, Code 
        of Federal Regulations, and part 95 of title 22, Code of Federal 
        Regulations.
            (3) Sections 1002 and 1003 of the Department of Defense, 
        Emergency Supplemental Appropriations to Address Hurricanes in 
        the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 
        109-148).

    Sec. 9009.  None of the funds provided for the ``Afghanistan 
Security Forces Fund'' (ASFF) may be obligated prior to the approval of 
a financial and activity plan by the Afghanistan Resources Oversight 
Council (AROC) of the Department of Defense:  Provided, That the AROC 
must approve the requirement and acquisition plan for any service 
requirements in excess of $50,000,000 annually and any non-standard 
equipment requirements in excess of $100,000,000 using ASFF:  Provided 
further, That the Department of Defense must certify to the 
congressional defense committees that the AROC has convened and approved 
a process for ensuring compliance with the requirements in the preceding 
proviso and accompanying report language for the ASFF.
    Sec. 9010.  Funds made available in this title to the Department of 
Defense for operation and maintenance may be used to purchase items 
having an investment unit cost of not more than $250,000:  Provided, 
That, upon determination by the Secretary of Defense that such action is 
necessary to meet the operational requirements of a Commander of a 
Combatant Command engaged in contingency operations overseas, such funds 
may be used to purchase items having an investment item unit cost of not 
more than $500,000.
    Sec. 9011.  Up to $500,000,000 of funds appropriated by this Act for 
the Defense Security Cooperation Agency in ``Operation and Maintenance, 
Defense-Wide'' may be used to provide assistance to the Government of 
Jordan to support the armed forces of Jordan and to enhance security 
along its borders.
    Sec. 9012.  None of the funds made available by this Act under the 
heading ``Counter-ISIS Train and Equip Fund'' may be used to procure or 
transfer man-portable air defense systems.
    Sec. 9013.  For the ``Ukraine Security Assistance Initiative'', 
$250,000,000 is hereby appropriated, to remain available until September 
30, 2019:  Provided, That such funds shall be available to the Secretary 
of Defense, in coordination with the Secretary of State, to provide 
assistance, including training; equipment; lethal assistance; logistics 
support, supplies and services; sustainment; and intelligence support to 
the military and national security forces of Ukraine, and for 
replacement of any weapons or articles provided to the Government of 
Ukraine from the inventory of the United States:  Provided further, That 
of the amounts made available in

[[Page 132 STAT. 3045]]

this section, $50,000,000 shall be available only for lethal assistance 
described in paragraphs (2) and (3) of section 1250(b) of the National 
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 
Stat. 1068):  Provided further, That the Secretary of Defense shall, not 
less than 15 days prior to obligating funds provided under this heading, 
notify the congressional defense committees in writing of the details of 
any such obligation:  Provided further, That the United States may 
accept equipment procured using funds provided under this heading in 
this or prior Acts that was transferred to the security forces of 
Ukraine and returned by such forces to the United States:  Provided 
further, That equipment procured using funds provided under this heading 
in this or prior Acts, and not yet transferred to the military or 
National Security Forces of Ukraine or returned by such forces to the 
United States, may be treated as stocks of the Department of Defense 
upon written notification to the congressional defense committees:  
Provided further, That amounts made available by this section are 
designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985.
    Sec. 9014.  Funds appropriated in this title shall be available for 
replacement of funds for items provided to the Government of Ukraine 
from the inventory of the United States to the extent specifically 
provided for in section 9013 of this Act.
    Sec. 9015.  None of the funds made available by this Act under 
section 9013 may be used to procure or transfer man-portable air defense 
systems.
    Sec. 9016.  Equipment procured using funds provided in prior Acts 
under the heading ``Counterterrorism Partnerships Fund'' for the program 
authorized by section 1209 of the Carl Levin and Howard P. ``Buck'' 
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public 
Law 113-291), and not yet transferred to authorized recipients may be 
transferred to foreign security forces, irregular forces, groups, or 
individuals, authorized to receive assistance using amounts provided 
under the heading ``Counter-ISIS Train and Equip Fund'' in this Act:  
Provided, That such equipment may be transferred 15 days following 
written notification to the congressional defense committees.
    Sec. 9017. (a) None of the funds appropriated or otherwise made 
available by this Act under the heading ``Operation and Maintenance, 
Defense-Wide'' for payments under section 1233 of Public Law 110-181 for 
reimbursement to the Government of Pakistan may be made available unless 
the Secretary of Defense, in coordination with the Secretary of State, 
certifies to the congressional defense committees that the Government of 
Pakistan is--
            (1) cooperating with the United States in counterterrorism 
        efforts against the Haqqani Network, the Quetta Shura Taliban, 
        Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other 
        domestic and foreign terrorist organizations, including taking 
        steps to end support for such groups and prevent them from 
        basing and operating in Pakistan and carrying out cross border 
        attacks into neighboring countries;
            (2) not supporting terrorist activities against United 
        States or coalition forces in Afghanistan, and Pakistan's 
        military and intelligence agencies are not intervening extra-
        judicially into political and judicial processes in Pakistan;

[[Page 132 STAT. 3046]]

            (3) dismantling improvised explosive device (IED) networks 
        and interdicting precursor chemicals used in the manufacture of 
        IEDs;
            (4) preventing the proliferation of nuclear-related material 
        and expertise;
            (5) implementing policies to protect judicial independence 
        and due process of law;
            (6) issuing visas in a timely manner for United States 
        visitors engaged in counterterrorism efforts and assistance 
        programs in Pakistan; and
            (7) providing humanitarian organizations access to 
        detainees, internally displaced persons, and other Pakistani 
        civilians affected by the conflict.

    (b) The Secretary of Defense, in coordination with the Secretary of 
State, may waive the restriction in subsection (a) on a case-by-case 
basis by certifying in writing to the congressional defense committees 
that it is in the national security interest to do so:  Provided, That 
if the Secretary of Defense, in coordination with the Secretary of 
State, exercises such waiver authority, the Secretaries shall report to 
the congressional defense committees on both the justification for the 
waiver and on the requirements of this section that the Government of 
Pakistan was not able to meet:  Provided further, That such report may 
be submitted in classified form if necessary.

                      (including transfer of funds)

    Sec. 9018.  In addition to amounts otherwise made available in this 
Act, $500,000,000 is hereby appropriated to the Department of Defense 
and made available for transfer only to the operation and maintenance, 
military personnel, and procurement accounts, to improve the 
intelligence, surveillance, and reconnaissance capabilities of the 
Department of Defense:  Provided, That the transfer authority provided 
in this section is in addition to any other transfer authority provided 
elsewhere in this Act:  Provided further, That not later than 30 days 
prior to exercising the transfer authority provided in this section, the 
Secretary of Defense shall submit a report to the congressional defense 
committees on the proposed uses of these funds:  Provided further, That 
the funds provided in this section may not be transferred to any 
program, project, or activity specifically limited or denied by this 
Act:  Provided further, That amounts made available by this section are 
designated by the Congress for Overseas Contingency Operations/Global 
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 
Budget and Emergency Deficit Control Act of 1985:  Provided further, 
That the authority to provide funding under this section shall terminate 
on September 30, 2019.
    Sec. 9019.  None of the funds made available by this Act may be used 
with respect to Syria in contravention of the War Powers Resolution (50 
U.S.C. 1541 et seq.), including for the introduction of United States 
armed or military forces into hostilities in Syria, into situations in 
Syria where imminent involvement in hostilities is clearly indicated by 
the circumstances, or into Syrian territory, airspace, or waters while 
equipped for combat, in contravention of the congressional consultation 
and reporting requirements of sections 3 and 4 of that law (50 U.S.C. 
1542 and 1543).

[[Page 132 STAT. 3047]]

    Sec. 9020.  None of the funds in this Act may be made available for 
the transfer of additional C-130 cargo aircraft to the Afghanistan 
National Security Forces or the Afghanistan Air Force until the 
Department of Defense provides a report to the congressional defense 
committees of the Afghanistan Air Force's medium airlift requirements. 
The report should identify Afghanistan's ability to utilize and maintain 
existing medium lift aircraft in the inventory and the best alternative 
platform, if necessary, to provide additional support to the Afghanistan 
Air Force's current medium airlift capacity.

                              (rescissions)

    Sec. 9021.  Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:  Provided, 
That such amounts are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985:
            ``Procurement of Ammunition, Navy and Marine Corps'', 2017/
        2019, $2,216,000;
            ``Operation and Maintenance, Defense-Wide: Coalition Support 
        Fund'', 2018/2019, $800,000,000;
            ``Operation and Maintenance, Defense-Wide: DSCA Security 
        Cooperation'', 2018/2019, $150,000,000;
            ``Counter-ISIS Train and Equip Fund'', 2018/2019, 
        $300,000,000; and
            ``Aircraft Procurement, Air Force'', 2018/2020, $88,400,000.

    Sec. 9022.  Funds available for the Afghanistan Security Forces Fund 
may be used to provide limited training, equipment, and other assistance 
that would otherwise be prohibited by 10 U.S.C. 362 to a unit of the 
security forces of Afghanistan only if the Secretary certifies to the 
congressional defense committees, within 30 days of a decision to 
provide such assistance, that (1) a denial of such assistance would 
present significant risk to U.S. or coalition forces or significantly 
undermine United States national security objectives in Afghanistan; and 
(2) the Secretary has sought a commitment by the Government of 
Afghanistan to take all necessary corrective steps:  Provided, That such 
certification shall be accompanied by a report describing: (1) the 
information relating to the gross violation of human rights; (2) the 
circumstances that necessitated the provision of such assistance; (3) 
the Afghan security force unit involved; (4) the assistance provided and 
the assistance withheld; and (5) the corrective steps to be taken by the 
Government of Afghanistan:  Provided further, That every 120 days after 
the initial report an additional report shall be submitted detailing the 
status of any corrective steps taken by the Government of Afghanistan:  
Provided further, That if the Government of Afghanistan has not 
initiated necessary corrective steps within one year of the 
certification, the authority under this section to provide assistance to 
such unit shall no longer apply:  Provided further, That the Secretary 
shall submit a report to such committees detailing the final disposition 
of the case by the Government of Afghanistan.
    Sec. 9023.  Each amount designated in this Act by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and

[[Page 132 STAT. 3048]]

Emergency Deficit Control Act of 1985 shall be available (or rescinded, 
if applicable) only if the President subsequently so designates all such 
amounts and transmits such designations to the Congress.
    This division may be cited as the ``Department of Defense 
Appropriations Act, 2019''.

 DIVISION B--DEPARTMENTS <<NOTE: Departments of Labor, Health and Human 
   Services, and Education, and Related Agencies Appropriations Act, 
2019. Department of Labor Appropriations Act, 2019.>>  OF LABOR, HEALTH 
 AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS 
ACT, 2019

                                 TITLE I

                           DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For necessary expenses of the Workforce Innovation and Opportunity 
Act (referred to in this Act as ``WIOA''), the Second Chance Act of 
2007, and the National Apprenticeship Act, $3,502,700,000, plus 
reimbursements, shall be available. Of the amounts provided:
            (1) for grants to States for adult employment and training 
        activities, youth activities, and dislocated worker employment 
        and training activities, $2,789,832,000 as follows:
                    (A) $845,556,000 for adult employment and training 
                activities, of which $133,556,000 shall be available for 
                the period July 1, 2019 through June 30, 2020, and of 
                which $712,000,000 shall be available for the period 
                October 1, 2019 through June 30, 2020;
                    (B) $903,416,000 for youth activities, which shall 
                be available for the period April 1, 2019 through June 
                30, 2020; and
                    (C) $1,040,860,000 for dislocated worker employment 
                and training activities, of which $180,860,000 shall be 
                available for the period July 1, 2019 through June 30, 
                2020, and of which $860,000,000 shall be available for 
                the period October 1, 2019 through June 30, 2020:
          Provided, That the funds available for allotment to outlying 
        areas to carry out subtitle B of title I of the WIOA shall not 
        be subject to the requirements of section 127(b)(1)(B)(ii) of 
        such Act; and
            (2) for national programs, $712,868,000 as follows:
                    (A) $220,859,000 for the dislocated workers 
                assistance national reserve, of which $20,859,000 shall 
                be available for the period July 1, 2019 through 
                September 30, 2020, and of which $200,000,000 shall be 
                available for the period October 1, 2019 through 
                September 30, 2020:  Provided, That funds provided to 
                carry out section 132(a)(2)(A) of the WIOA may be used 
                to provide assistance to a State for statewide or local 
                use in order to address cases where there have been 
                worker dislocations across multiple sectors or across 
                multiple local areas and such workers remain dislocated; 
                coordinate the State workforce development plan with 
                emerging economic development needs; and train such 
                eligible dislocated workers:  Provided further, That 
                funds provided to carry out sections 168(b) and 169(c) 
                of

[[Page 132 STAT. 3049]]

                the WIOA may be used for technical assistance and 
                demonstration projects, respectively, that provide 
                assistance to new entrants in the workforce and 
                incumbent worker:  Provided further, That 
                notwithstanding section 168(b) of the WIOA, of the funds 
                provided under this subparagraph, the Secretary of Labor 
                (referred to in this title as ``Secretary'') may reserve 
                not more than 10 percent of such funds to provide 
                technical assistance and carry out additional activities 
                related to the transition to the WIOA:  Provided 
                further, That of the funds provided under this 
                subparagraph, $30,000,000 shall be for training and 
                employment assistance under sections 168(b), 169(c) 
                (notwithstanding the 10 percent limitation in such 
                section) and 170 of the WIOA for workers in the 
                Appalachian region, as defined by 40 U.S.C. 14102(a)(1) 
                and workers in the Lower Mississippi, as defined in 
                section 4(2) of the Delta Development Act (Public Law 
                100-460, 102 Stat. 2246; 7 U.S.C. 2009aa(2));
                    (B) $54,500,000 for Native American programs under 
                section 166 of the WIOA, which shall be available for 
                the period July 1, 2019 through June 30, 2020;
                    (C) $88,896,000 for migrant and seasonal farmworker 
                programs under section 167 of the WIOA, including 
                $82,447,000 for formula grants (of which not less than 
                70 percent shall be for employment and training 
                services), $5,922,000 for migrant and seasonal housing 
                (of which not less than 70 percent shall be for 
                permanent housing), and $527,000 for other discretionary 
                purposes, which shall be available for the period July 
                1, 2019 through June 30, 2020:  Provided, That 
                notwithstanding any other provision of law or related 
                regulation, the Department of Labor shall take no action 
                limiting the number or proportion of eligible 
                participants receiving related assistance services or 
                discouraging grantees from providing such services;
                    (D) $89,534,000 for YouthBuild activities as 
                described in section 171 of the WIOA, which shall be 
                available for the period April 1, 2019 through June 30, 
                2020;
                    (E) $93,079,000 for ex-offender activities, under 
                the authority of section 169 of the WIOA and section 212 
                of the Second Chance Act of 2007, which shall be 
                available for the period April 1, 2019 through June 30, 
                2020:  Provided, That of this amount, $25,000,000 shall 
                be for competitive grants to national and regional 
                intermediaries for activities that prepare young ex-
                offenders and school dropouts for employment, with a 
                priority for projects serving high-crime, high-poverty 
                areas;
                    (F) $6,000,000 for the Workforce Data Quality 
                Initiative, under the authority of section 169 of the 
                WIOA, which shall be available for the period July 1, 
                2019 through June 30, 2020; and
                    (G) $160,000,000 to expand opportunities relating to 
                apprenticeship programs registered under the National 
                Apprenticeship Act, to be available to the Secretary to 
                carry out activities through grants, cooperative 
                agreements, contracts and other arrangements, with 
                States and other appropriate entities, which shall be 
                available for the period April 1, 2019 through June 30, 
                2020.

[[Page 132 STAT. 3050]]

                                job corps

                      (including transfer of funds)

    To carry out subtitle C of title I of the WIOA, including Federal 
administrative expenses, the purchase and hire of passenger motor 
vehicles, the construction, alteration, and repairs of buildings and 
other facilities, and the purchase of real property for training centers 
as authorized by the WIOA, $1,718,655,000, plus reimbursements, as 
follows:
            (1) $1,603,325,000 for Job Corps Operations, which shall be 
        available for the period July 1, 2019 through June 30, 2020;
            (2) $83,000,000 for construction, rehabilitation and 
        acquisition of Job Corps Centers, which shall be available for 
        the period July 1, 2019 through June 30, 2022, and which may 
        include the acquisition, maintenance, and repair of major items 
        of equipment:  Provided, That the Secretary may transfer up to 
        15 percent of such funds to meet the operational needs of such 
        centers or to achieve administrative efficiencies:  Provided 
        further, That any funds transferred pursuant to the preceding 
        provision shall not be available for obligation after June 30, 
        2020:  Provided further, That the Committees on Appropriations 
        of the House of Representatives and the Senate are notified at 
        least 15 days in advance of any transfer; and
            (3) $32,330,000 for necessary expenses of Job Corps, which 
        shall be available for obligation for the period October 1, 2018 
        through September 30, 2019:

  Provided, That no funds from any other appropriation shall be used to 
provide meal services at or for Job Corps centers.

            community service employment for older americans

    To carry out title V of the Older Americans Act of 1965 (referred to 
in this Act as ``OAA''), $400,000,000, which shall be available for the 
period April 1, 2019 through June 30, 2020, and may be recaptured and 
reobligated in accordance with section 517(c) of the OAA.

              federal unemployment benefits and allowances

    For payments during fiscal year 2019 of trade adjustment benefit 
payments and allowances under part I of subchapter B of chapter 2 of 
title II of the Trade Act of 1974, and section 246 of that Act; and for 
training, employment and case management services, allowances for job 
search and relocation, and related State administrative expenses under 
part II of subchapter B of chapter 2 of title II of the Trade Act of 
1974, and including benefit payments, allowances, training, employment 
and case management services, and related State administration provided 
pursuant to section 231(a) of the Trade Adjustment Assistance Extension 
Act of 2011 and section 405(a) of the Trade Preferences Extension Act of 
2015, $790,000,000 together with such amounts as may be necessary to be 
charged to the subsequent appropriation for payments for any period 
subsequent to September 15, 2019:  Provided, That notwithstanding 
section 502 of this Act, any part of the appropriation provided under 
this heading may remain available for obligation

[[Page 132 STAT. 3051]]

beyond the current fiscal year pursuant to the authorities of section 
245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $84,066,000, together with 
not to exceed $3,251,583,000 which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund (``the 
Trust Fund''), of which:
            (1) $2,515,816,000 from the Trust Fund is for grants to 
        States for the administration of State unemployment insurance 
        laws as authorized under title III of the Social Security Act 
        (including not less than $150,000,000 to carry out reemployment 
        services and eligibility assessments under section 306 of such 
        Act, any claimants of regular compensation, as defined in such 
        section, including those who are profiled as most likely to 
        exhaust their benefits, may be eligible for such services and 
        assessments:  Provided, That of such amount, $117,000,000 is 
        specified for grants under section 306 of the Social Security 
        Act and is provided to meet the terms of section 
        251(b)(2)(E)(ii) of the Balanced Budget and Emergency Deficit 
        Control Act of 1985, as amended, and $33,000,000 is additional 
        new budget authority specified for purposes of section 
        251(b)(2)(E)(i)(II) of such Act; and $9,000,000 for continued 
        support of the Unemployment Insurance Integrity Center of 
        Excellence), the administration of unemployment insurance for 
        Federal employees and for ex-service members as authorized under 
        5 U.S.C. 8501-8523, and the administration of trade readjustment 
        allowances, reemployment trade adjustment assistance, and 
        alternative trade adjustment assistance under the Trade Act of 
        1974 and under section 231(a) of the Trade Adjustment Assistance 
        Extension Act of 2011 and section 405(a) of the Trade 
        Preferences Extension Act of 2015, and shall be available for 
        obligation by the States through December 31, 2019, except that 
        funds used for automation shall be available for Federal 
        obligation through December 31, 2019, and for State obligation 
        through September 30, 2021, or, if the automation is being 
        carried out through consortia of States, for State obligation 
        through September 30, 2024, and for expenditure through 
        September 30, 2025, and funds for competitive grants awarded to 
        States for improved operations and to conduct in-person 
        reemployment and eligibility assessments and unemployment 
        insurance improper payment reviews and provide reemployment 
        services and referrals to training, as appropriate, shall be 
        available for Federal obligation through December 31, 2019, and 
        for obligation by the States through September 30, 2021, and 
        funds for the Unemployment Insurance Integrity Center of 
        Excellence shall be available for obligation by the State 
        through September 30, 2020, and funds used for unemployment 
        insurance workloads experienced through September 30, 2019 shall 
        be available for Federal obligation through December 31, 2019;
            (2) $12,000,000 from the Trust Fund is for national 
        activities necessary to support the administration of the 
        Federal-State unemployment insurance system;

[[Page 132 STAT. 3052]]

            (3) $641,639,000 from the Trust Fund, together with 
        $21,413,000 from the General Fund of the Treasury, is for grants 
        to States in accordance with section 6 of the Wagner-Peyser Act, 
        and shall be available for Federal obligation for the period 
        July 1, 2019 through June 30, 2020;
            (4) $19,818,000 from the Trust Fund is for national 
        activities of the Employment Service, including administration 
        of the work opportunity tax credit under section 51 of the 
        Internal Revenue Code of 1986, and the provision of technical 
        assistance and staff training under the Wagner-Peyser Act;
            (5) $62,310,000 from the Trust Fund is for the 
        administration of foreign labor certifications and related 
        activities under the Immigration and Nationality Act and related 
        laws, of which $48,028,000 shall be available for the Federal 
        administration of such activities, and $14,282,000 shall be 
        available for grants to States for the administration of such 
        activities; and
            (6) $62,653,000 from the General Fund is to provide 
        workforce information, national electronic tools, and one-stop 
        system building under the Wagner-Peyser Act and shall be 
        available for Federal obligation for the period July 1, 2019 
        through June 30, 2020:

  Provided, That to the extent that the Average Weekly Insured 
Unemployment (``AWIU'') for fiscal year 2019 is projected by the 
Department of Labor to exceed 2,030,000, an additional $28,600,000 from 
the Trust Fund shall be available for obligation for every 100,000 
increase in the AWIU level (including a pro rata amount for any 
increment less than 100,000) to carry out title III of the Social 
Security Act:  Provided further, That funds appropriated in this Act 
that are allotted to a State to carry out activities under title III of 
the Social Security Act may be used by such State to assist other States 
in carrying out activities under such title III if the other States 
include areas that have suffered a major disaster declared by the 
President under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act:  Provided further, That the Secretary may use funds 
appropriated for grants to States under title III of the Social Security 
Act to make payments on behalf of States for the use of the National 
Directory of New Hires under section 453(j)(8) of such Act:  Provided 
further, That the Secretary may use funds appropriated for grants to 
States under title III of the Social Security Act to make payments on 
behalf of States to the entity operating the State Information Data 
Exchange System:  Provided further, That funds appropriated in this Act 
which are used to establish a national one-stop career center system, or 
which are used to support the national activities of the Federal-State 
unemployment insurance, employment service, or immigration programs, may 
be obligated in contracts, grants, or agreements with States and non-
State entities:  Provided further, That States awarded competitive 
grants for improved operations under title III of the Social Security 
Act, or awarded grants to support the national activities of the 
Federal-State unemployment insurance system, may award subgrants to 
other States and non-State entities under such grants, subject to the 
conditions applicable to the grants:  Provided further, That funds 
appropriated under this Act for activities authorized under title III of 
the Social Security Act and the Wagner-Peyser Act may be used by States 
to fund integrated Unemployment Insurance and Employment Service 
automation efforts, notwithstanding cost allocation principles 
prescribed

[[Page 132 STAT. 3053]]

under the final rule entitled ``Uniform Administrative Requirements, 
Cost Principles, and Audit Requirements for Federal Awards'' at part 200 
of title 2, Code of Federal Regulations:  Provided further, That the 
Secretary, at the request of a State participating in a consortium with 
other States, may reallot funds allotted to such State under title III 
of the Social Security Act to other States participating in the 
consortium or to the entity operating the Unemployment Insurance 
Information Technology Support Center in order to carry out activities 
that benefit the administration of the unemployment compensation law of 
the State making the request:  Provided further, That the Secretary may 
collect fees for the costs associated with additional data collection, 
analyses, and reporting services relating to the National Agricultural 
Workers Survey requested by State and local governments, public and 
private institutions of higher education, and nonprofit organizations 
and may utilize such sums, in accordance with the provisions of 29 
U.S.C. 9a, for the National Agricultural Workers Survey infrastructure, 
methodology, and data to meet the information collection and reporting 
needs of such entities, which shall be credited to this appropriation 
and shall remain available until September 30, 2020, for such purposes.

         advances to the unemployment trust fund and other funds

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, and to the Black 
Lung Disability Trust Fund as authorized by section 9501(c)(1) of the 
Internal Revenue Code of 1986; and for nonrepayable advances to the 
revolving fund established by section 901(e) of the Social Security Act, 
to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to 
the ``Federal Unemployment Benefits and Allowances'' account, such sums 
as may be necessary, which shall be available for obligation through 
September 30, 2020.

                         program administration

    For expenses of administering employment and training programs, 
$108,674,000, together with not to exceed $49,982,000 which may be 
expended from the Employment Security Administration Account in the 
Unemployment Trust Fund.

                Employee Benefits Security Administration

                          salaries and expenses

    For necessary expenses for the Employee Benefits Security 
Administration, $181,000,000, of which up to $3,000,000 shall be made 
available through September 30, 2020, for the procurement of expert 
witnesses for enforcement litigation.

                  Pension Benefit Guaranty Corporation

                pension benefit guaranty corporation fund

    The Pension Benefit Guaranty Corporation (``Corporation'') is 
authorized to make such expenditures, including financial assistance 
authorized by subtitle E of title IV of the Employee Retirement Income 
Security Act of 1974, within limits of funds and borrowing

[[Page 132 STAT. 3054]]

authority available to the Corporation, and in accord with law, and to 
make such contracts and commitments without regard to fiscal year 
limitations, as provided by 31 U.S.C. 9104, as may be necessary in 
carrying out the program, including associated administrative expenses, 
through September 30, 2019, for the Corporation:  Provided, That none of 
the funds available to the Corporation for fiscal year 2019 shall be 
available for obligations for administrative expenses in excess of 
$445,363,000:  Provided further, That to the extent that the number of 
new plan participants in plans terminated by the Corporation exceeds 
100,000 in fiscal year 2019, an amount not to exceed an additional 
$9,200,000 shall be available through September 30, 2020, for obligation 
for administrative expenses for every 20,000 additional terminated 
participants:  Provided further, That obligations in excess of the 
amounts provided in this paragraph may be incurred for unforeseen and 
extraordinary pretermination expenses or extraordinary multiemployer 
program related expenses after approval by the Office of Management and 
Budget and notification of the Committees on Appropriations of the House 
of Representatives and the Senate:  Provided further, That an additional 
amount shall be available for obligation through September 30, 2020 to 
the extent the Corporation's costs exceed $250,000 for the provision of 
credit or identity monitoring to affected individuals upon suffering a 
security incident or privacy breach, not to exceed an additional $100 
per affected individual.

                         Wage and Hour Division

                          salaries and expenses

    For necessary expenses for the Wage and Hour Division, including 
reimbursement to State, Federal, and local agencies and their employees 
for inspection services rendered, $229,000,000.

                  Office of Labor-Management Standards

                          salaries and expenses

    For necessary expenses for the Office of Labor-Management Standards, 
$41,187,000.

             Office of Federal Contract Compliance Programs

                          salaries and expenses

    For necessary expenses for the Office of Federal Contract Compliance 
Programs, $103,476,000.

                Office of Workers' Compensation Programs

                          salaries and expenses

    For necessary expenses for the Office of Workers' Compensation 
Programs, $115,424,000, together with $2,177,000 which may be expended 
from the Special Fund in accordance with sections 39(c), 44(d), and 
44(j) of the Longshore and Harbor Workers' Compensation Act.

[[Page 132 STAT. 3055]]

                            special benefits

                      (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except 
administrative expenses) accruing during the current or any prior fiscal 
year authorized by 5 U.S.C. 81; continuation of benefits as provided for 
under the heading ``Civilian War Benefits'' in the Federal Security 
Agency Appropriation Act, 1947; the Employees' Compensation Commission 
Appropriation Act, 1944; section 5(f) of the War Claims Act (50 U.S.C. 
App. 2012); obligations incurred under the War Hazards Compensation Act 
(42 U.S.C. 1701 et seq.); and 50 percent of the additional compensation 
and benefits required by section 10(h) of the Longshore and Harbor 
Workers' Compensation Act, $230,000,000, together with such amounts as 
may be necessary to be charged to the subsequent year appropriation for 
the payment of compensation and other benefits for any period subsequent 
to August 15 of the current year, for deposit into and to assume the 
attributes of the Employees' Compensation Fund established under 5 
U.S.C. 8147(a):  Provided, That amounts appropriated may be used under 5 
U.S.C. 8104 by the Secretary to reimburse an employer, who is not the 
employer at the time of injury, for portions of the salary of a re-
employed, disabled beneficiary:  Provided further, That balances of 
reimbursements unobligated on September 30, 2018, shall remain available 
until expended for the payment of compensation, benefits, and expenses:  
Provided further, That in addition there shall be transferred to this 
appropriation from the Postal Service and from any other corporation or 
instrumentality required under 5 U.S.C. 8147(c) to pay an amount for its 
fair share of the cost of administration, such sums as the Secretary 
determines to be the cost of administration for employees of such fair 
share entities through September 30, 2019:  Provided further, That of 
those funds transferred to this account from the fair share entities to 
pay the cost of administration of the Federal Employees' Compensation 
Act, $74,777,000 shall be made available to the Secretary as follows:
            (1) For enhancement and maintenance of automated data 
        processing systems operations and telecommunications systems, 
        $24,540,000;
            (2) For automated workload processing operations, including 
        document imaging, centralized mail intake, and medical bill 
        processing, $22,968,000;
            (3) For periodic roll disability management and medical 
        review, $25,535,000;
            (4) For program integrity, $1,734,000; and
            (5) The remaining funds shall be paid into the Treasury as 
        miscellaneous receipts:

  Provided further, That the Secretary may require that any person 
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or 
the Longshore and Harbor Workers' Compensation Act, provide as part of 
such notice and claim, such identifying information (including Social 
Security account number) as such regulations may prescribe.

[[Page 132 STAT. 3056]]

                special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act 
of 1977, as amended by Public Law 107-275, $10,319,000, to remain 
available until expended.
    For making after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of such Act, for costs incurred 
in the current fiscal year, such amounts as may be necessary.
    For making benefit payments under title IV for the first quarter of 
fiscal year 2020, $14,000,000, to remain available until expended.

     administrative expenses, energy employees occupational illness 
                            compensation fund

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Program Act, $59,098,000, to remain 
available until expended:  Provided, That the Secretary may require that 
any person filing a claim for benefits under the Act provide as part of 
such claim such identifying information (including Social Security 
account number) as may be prescribed.

                    black lung disability trust fund

                      (including transfer of funds)

    Such <<NOTE: 26 USC 9501 note.>>  sums as may be necessary from the 
Black Lung Disability Trust Fund (the ``Fund''), to remain available 
until expended, for payment of all benefits authorized by section 
9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 1986; and 
repayment of, and payment of interest on advances, as authorized by 
section 9501(d)(4) of that Act. In addition, the following amounts may 
be expended from the Fund for fiscal year 2019 for expenses of operation 
and administration of the Black Lung Benefits program, as authorized by 
section 9501(d)(5): not to exceed $38,246,000 for transfer to the Office 
of Workers' Compensation Programs, ``Salaries and Expenses''; not to 
exceed $31,994,000 for transfer to Departmental Management, ``Salaries 
and Expenses''; not to exceed $330,000 for transfer to Departmental 
Management, ``Office of Inspector General''; and not to exceed $356,000 
for payments into miscellaneous receipts for the expenses of the 
Department of the Treasury.

              Occupational Safety and Health Administration

                          salaries and expenses

    For necessary expenses for the Occupational Safety and Health 
Administration, $557,787,000, including not to exceed $102,350,000 which 
shall be the maximum amount available for grants to States under section 
23(g) of the Occupational Safety and Health Act (the ``Act''), which 
grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary under section 18 of the Act; and, in 
addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and 
Health Administration may retain up to $499,000 per fiscal year of 
training institute course tuition and fees, otherwise authorized by law 
to be collected, and may utilize such sums for occupational safety and 
health training and

[[Page 132 STAT. 3057]]

education:  Provided, That notwithstanding 31 U.S.C. 3302, the Secretary 
is authorized, during the fiscal year ending September 30, 2019, to 
collect and retain fees for services provided to Nationally Recognized 
Testing Laboratories, and may utilize such sums, in accordance with the 
provisions of 29 U.S.C. 9a, to administer national and international 
laboratory recognition programs that ensure the safety of equipment and 
products used by workers in the workplace:  Provided further, That none 
of the funds appropriated under this paragraph shall be obligated or 
expended to prescribe, issue, administer, or enforce any standard, rule, 
regulation, or order under the Act which is applicable to any person who 
is engaged in a farming operation which does not maintain a temporary 
labor camp and employs 10 or fewer employees:  Provided further, That no 
funds appropriated under this paragraph shall be obligated or expended 
to administer or enforce any standard, rule, regulation, or order under 
the Act with respect to any employer of 10 or fewer employees who is 
included within a category having a Days Away, Restricted, or 
Transferred (``DART'') occupational injury and illness rate, at the most 
precise industrial classification code for which such data are 
published, less than the national average rate as such rates are most 
recently published by the Secretary, acting through the Bureau of Labor 
Statistics, in accordance with section 24 of the Act, except--
            (1) to provide, as authorized by the Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response to 
        an employee complaint, to issue a citation for violations found 
        during such inspection, and to assess a penalty for violations 
        which are not corrected within a reasonable abatement period and 
        for any willful violations found;
            (3) to take any action authorized by the Act with respect to 
        imminent dangers;
            (4) to take any action authorized by the Act with respect to 
        health hazards;
            (5) to take any action authorized by the Act with respect to 
        a report of an employment accident which is fatal to one or more 
        employees or which results in hospitalization of two or more 
        employees, and to take any action pursuant to such investigation 
        authorized by the Act; and
            (6) to take any action authorized by the Act with respect to 
        complaints of discrimination against employees for exercising 
        rights under the Act:

  Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees:  Provided 
further, That $10,537,000 shall be available for Susan Harwood training 
grants, of which the Secretary shall reserve not less than $4,500,000 
for Susan Harwood Training Capacity Building Developmental grants, as 
described in Funding Opportunity Number SHTG-FY-16-02 (referenced in the 
notice of availability of funds published in the Federal Register on May 
3, 2016 (81 Fed. Reg. 30568)) for program activities starting not later 
than September 30, 2019 and lasting for a period of 12 months:  Provided 
further, That not less than $3,500,000 shall be for Voluntary Protection 
Programs.

[[Page 132 STAT. 3058]]

                  Mine Safety and Health Administration

                          salaries and expenses

    For necessary expenses for the Mine Safety and Health 
Administration, $373,816,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles, including up to 
$2,000,000 for mine rescue and recovery activities and not less than 
$10,537,000 for State assistance grants:  Provided, That amounts 
available for State assistance grants may be used for the purchase and 
maintenance of new equipment required by the final rule entitled 
``Lowering Miners' Exposure to Respirable Coal Mine Dust, Including 
Continuous Personal Dust Monitors'' published by the Department of Labor 
in the Federal Register on May 1, 2014 (79 Fed. Reg. 24813 et seq.), for 
operators that demonstrate financial need as determined by the 
Secretary:  Provided further, That notwithstanding 31 U.S.C. 3302, not 
to exceed $750,000 may be collected by the National Mine Health and 
Safety Academy for room, board, tuition, and the sale of training 
materials, otherwise authorized by law to be collected, to be available 
for mine safety and health education and training activities:  Provided 
further, That <<NOTE: 30 USC 966 note.>>  notwithstanding 31 U.S.C. 
3302, the Mine Safety and Health Administration is authorized to collect 
and retain up to $2,499,000 from fees collected for the approval and 
certification of equipment, materials, and explosives for use in mines, 
and may utilize such sums for such activities:  Provided further, 
That <<NOTE: 30 USC 962.>>  the Secretary is authorized to accept lands, 
buildings, equipment, and other contributions from public and private 
sources and to prosecute projects in cooperation with other agencies, 
Federal, State, or private:  Provided further, That the Mine Safety and 
Health Administration is authorized to promote health and safety 
education and training in the mining community through cooperative 
programs with States, industry, and safety associations:  Provided 
further, That the Secretary is authorized to recognize the Joseph A. 
Holmes Safety Association as a principal safety association and, 
notwithstanding any other provision of law, may provide funds and, with 
or without reimbursement, personnel, including service of Mine Safety 
and Health Administration officials as officers in local chapters or in 
the national organization:  Provided further, That any funds available 
to the Department of Labor may be used, with the approval of the 
Secretary, to provide for the costs of mine rescue and survival 
operations in the event of a major disaster.

                       Bureau of Labor Statistics

                          salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, including 
advances or reimbursements to State, Federal, and local agencies and 
their employees for services rendered, $550,000,000, together with not 
to exceed $65,000,000 which may be expended from the Employment Security 
Administration account in the Unemployment Trust Fund.

[[Page 132 STAT. 3059]]

                 Office of Disability Employment Policy

                          salaries and expenses

    For necessary expenses for the Office of Disability Employment 
Policy to provide leadership, develop policy and initiatives, and award 
grants furthering the objective of eliminating barriers to the training 
and employment of people with disabilities, $38,203,000.

                         Departmental Management

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses for Departmental Management, including the 
hire of three passenger motor vehicles, $337,756,000, together with not 
to exceed $308,000, which may be expended from the Employment Security 
Administration account in the Unemployment Trust Fund:  Provided, That 
$59,825,000 for the Bureau of International Labor Affairs shall be 
available for obligation through December 31, 2019:  Provided further, 
That funds available to the Bureau of International Labor Affairs may be 
used to administer or operate international labor activities, bilateral 
and multilateral technical assistance, and microfinance programs, by or 
through contracts, grants, subgrants and other arrangements:  Provided 
further, That not more than $53,825,000 shall be for programs to combat 
exploitative child labor internationally and not less than $6,000,000 
shall be used to implement model programs that address worker rights 
issues through technical assistance in countries with which the United 
States has free trade agreements or trade preference programs:  Provided 
further, That $8,040,000 shall be used for program evaluation and shall 
be available for obligation through September 30, 2020:  Provided 
further, That funds available for program evaluation may be used to 
administer grants for the purpose of evaluation:  Provided further, That 
grants made for the purpose of evaluation shall be awarded through fair 
and open competition:  Provided further, That funds available for 
program evaluation may be transferred to any other appropriate account 
in the Department for such purpose:  Provided further, That the 
Committees on Appropriations of the House of Representatives and the 
Senate are notified at least 15 days in advance of any transfer:  
Provided further, That the funds available to the Women's Bureau may be 
used for grants to serve and promote the interests of women in the 
workforce:  Provided further, That of the amounts made available to the 
Women's Bureau, not less than $994,000 shall be used for grants 
authorized by the Women in Apprenticeship and Nontraditional Occupations 
Act.

                    veterans employment and training

    Not to exceed $250,041,000 may be derived from the Employment 
Security Administration account in the Unemployment Trust Fund to carry 
out the provisions of chapters 41, 42, and 43 of title 38, United States 
Code, of which:
            (1) $180,000,000 is for Jobs for Veterans State grants under 
        38 U.S.C. 4102A(b)(5) to support disabled veterans' outreach

[[Page 132 STAT. 3060]]

        program specialists under section 4103A of such title and local 
        veterans' employment representatives under section 4104(b) of 
        such title, and for the expenses described in section 
        4102A(b)(5)(C), which shall be available for obligation by the 
        States through December 31, 2019, and not to exceed 3 percent 
        for the necessary Federal expenditures for data systems and 
        contract support to allow for the tracking of participant and 
        performance information:  Provided, That, in addition, such 
        funds may be used to support such specialists and 
        representatives in the provision of services to transitioning 
        members of the Armed Forces who have participated in the 
        Transition Assistance Program and have been identified as in 
        need of intensive services, to members of the Armed Forces who 
        are wounded, ill, or injured and receiving treatment in military 
        treatment facilities or warrior transition units, and to the 
        spouses or other family caregivers of such wounded, ill, or 
        injured members;
            (2) $23,379,000 is for carrying out the Transition 
        Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144:  
        Provided, That not more than $3,500,000 shall be used by the 
        Secretary, in consultation with the Secretary of Defense and the 
        Secretary of the Veterans Affairs, to carry out a pilot project 
        designed to prepare transitioning service members to qualify 
        for, and to assist in placing them in, apprenticeship programs, 
        as an additional training opportunity under subsection (f) of 10 
        U.S.C. 1144, including the costs of federal administration and 
        evaluation of such pilot, and that the funds shall remain 
        available for the pilot through September 30, 2020;
            (3) $43,248,000 is for Federal administration of chapters 
        41, 42, and 43 of title 38, and sections 2021, 2021A and 2023 of 
        title 38, United States Code:  Provided, That, up to $500,000 
        may be used to carry out the Hire VETS Act (division O of Public 
        Law 115-31); and
            (4) $3,414,000 is for the National Veterans' Employment and 
        Training Services Institute under 38 U.S.C. 4109:

  Provided, That the Secretary may reallocate among the appropriations 
provided under paragraphs (1) through (4) above an amount not to exceed 
3 percent of the appropriation from which such reallocation is made.
    In addition, from the General Fund of the Treasury, $50,000,000 is 
for carrying out programs to assist homeless veterans and veterans at 
risk of homelessness who are transitioning from certain institutions 
under sections 2021, 2021A, and 2023 of title 38, United States Code:  
Provided, That notwithstanding subsections (c)(3) and (d) of section 
2023, the Secretary may award grants through September 30, 2019, to 
provide services under such section:  Provided further, That services 
provided under sections 2021 or under 2021A may include, in addition to 
services to homeless veterans described in section 2002(a)(1), services 
to veterans who were homeless at some point within the 60 days prior to 
program entry or veterans who are at risk of homelessness within the 
next 60 days, and that services provided under section 2023 may include, 
in addition to services to the individuals described in subsection (e) 
of such section, services to veterans recently released from 
incarceration who are at risk of homelessness:  Provided further, That 
notwithstanding paragraph (3) under this heading, funds appropriated in 
this paragraph may be used for data systems and

[[Page 132 STAT. 3061]]

contract support to allow for the tracking of participant and 
performance information:  Provided further, That notwithstanding 
sections 2021(e)(2) and 2021A(f)(2) of title 38, United States Code, 
such funds shall be available for expenditure pursuant to 31 U.S.C. 
1553.
     In addition, fees may be assessed and deposited in the HIRE Vets 
Medallion Award Fund pursuant to section 5(b) of the HIRE Vets Act, and 
such amounts shall be available to the Secretary to carry out the HIRE 
Vets Medallion Award Program, as authorized by such Act, and shall 
remain available until expended:  Provided, That such sums shall be in 
addition to any other funds available for such purposes, including funds 
available under paragraph (3) of this heading:  Provided further, That 
section 2(d) of division O of the Consolidated Appropriations Act, 2017 
(Public Law 115-31; 38 U.S.C. 4100 note) shall not apply.

                            it modernization

    For necessary expenses for Department of Labor centralized 
infrastructure technology investment activities related to support 
systems and modernization, $23,269,000, which shall be available through 
September 30, 2020.

                       office of inspector general

    For salaries and expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$83,487,000, together with not to exceed $5,660,000 which may be 
expended from the Employment Security Administration account in the 
Unemployment Trust Fund.

                           General Provisions

    Sec. 101.  None of the funds appropriated by this Act for the Job 
Corps shall be used to pay the salary and bonuses of an individual, 
either as direct costs or any proration as an indirect cost, at a rate 
in excess of Executive Level II.

                           (transfer of funds)

    Sec. 102.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the current fiscal year for the 
Department of Labor in this Act may be transferred between a program, 
project, or activity, but no such program, project, or activity shall be 
increased by more than 3 percent by any such transfer:  Provided, That 
the transfer authority granted by this section shall not be used to 
create any new program or to fund any project or activity for which no 
funds are provided in this Act:  Provided further, That the Committees 
on Appropriations of the House of Representatives and the Senate are 
notified at least 15 days in advance of any transfer.
    Sec. 103.  In accordance with Executive Order 13126, none of the 
funds appropriated or otherwise made available pursuant to this Act 
shall be obligated or expended for the procurement of goods mined, 
produced, manufactured, or harvested or services rendered, in whole or 
in part, by forced or indentured child labor

[[Page 132 STAT. 3062]]

in industries and host countries already identified by the United States 
Department of Labor prior to enactment of this Act.
    Sec. 104.  Except as otherwise provided in this section, none of the 
funds made available to the Department of Labor for grants under section 
414(c) of the American Competitiveness and Workforce Improvement Act of 
1998 (29 U.S.C. 2916a) may be used for any purpose other than 
competitive grants for training individuals who are older than 16 years 
of age and are not currently enrolled in school within a local 
educational agency in the occupations and industries for which employers 
are using H-1B visas to hire foreign workers, and the related activities 
necessary to support such training.
    Sec. 105.  None of the funds made available by this Act under the 
heading ``Employment and Training Administration'' shall be used by a 
recipient or subrecipient of such funds to pay the salary and bonuses of 
an individual, either as direct costs or indirect costs, at a rate in 
excess of Executive Level II. This limitation shall not apply to vendors 
providing goods and services as defined in Office of Management and 
Budget Circular A-133. Where States are recipients of such funds, States 
may establish a lower limit for salaries and bonuses of those receiving 
salaries and bonuses from subrecipients of such funds, taking into 
account factors including the relative cost-of-living in the State, the 
compensation levels for comparable State or local government employees, 
and the size of the organizations that administer Federal programs 
involved including Employment and Training Administration programs.

                           (transfer of funds)

    Sec. 106. (a) Notwithstanding section 102, the Secretary may 
transfer funds made available to the Employment and Training 
Administration by this Act, either directly or through a set-aside, for 
technical assistance services to grantees to ``Program Administration'' 
when it is determined that those services will be more efficiently 
performed by Federal employees:  Provided, That this section shall not 
apply to section 171 of the WIOA.
    (b) Notwithstanding section 102, the Secretary may transfer not more 
than 0.5 percent of each discretionary appropriation made available to 
the Employment and Training Administration by this Act to ``Program 
Administration'' in order to carry out program integrity activities 
relating to any of the programs or activities that are funded under any 
such discretionary appropriations:  Provided, That notwithstanding 
section 102 and the preceding proviso, the Secretary may transfer not 
more than 0.5 percent of funds made available in paragraphs (1) and (2) 
of the ``Office of Job Corps'' account to paragraph (3) of such account 
to carry out program integrity activities related to the Job Corps 
program:  Provided further, That funds transferred under the authority 
provided by this subsection shall be available for obligation through 
September 30, 2020.

                           (transfer of funds)

    Sec. 107. (a) The Secretary may reserve not more than 0.75 percent 
from each appropriation made available in this Act identified in 
subsection (b) in order to carry out evaluations of any of the programs 
or activities that are funded under such accounts.

[[Page 132 STAT. 3063]]

Any funds reserved under this section shall be transferred to 
``Departmental Management'' for use by the Office of the Chief 
Evaluation Officer within the Department of Labor, and shall be 
available for obligation through September 30, 2020:  Provided, That 
such funds shall only be available if the Chief Evaluation Officer of 
the Department of Labor submits a plan to the Committees on 
Appropriations of the House of Representatives and the Senate describing 
the evaluations to be carried out 15 days in advance of any transfer.
    (b) The accounts referred to in subsection (a) are: ``Training and 
Employment Services'', ``Job Corps'', ``Community Service Employment for 
Older Americans'', ``State Unemployment Insurance and Employment Service 
Operations'', ``Employee Benefits Security Administration'', ``Office of 
Workers' Compensation Programs'', ``Wage and Hour Division'', ``Office 
of Federal Contract Compliance Programs'', ``Office of Labor Management 
Standards'', ``Occupational Safety and Health Administration'', ``Mine 
Safety and Health Administration'', ``Office of Disability Employment 
Policy'', funding made available to the ``Bureau of International Labor 
Affairs'' and ``Women's Bureau'' within the ``Departmental Management, 
Salaries and Expenses'' account, and ``Veterans Employment and 
Training''.
    Sec. 108. (a) Section 7 of the Fair Labor Standards Act of 1938 (29 
U.S.C. 207) shall be applied as if the following text is part of such 
section:
    ``(s)(1) The provisions of this section shall not apply for a period 
of 2 years after the occurrence of a major disaster to any employee--
            ``(A) employed to adjust or evaluate claims resulting from 
        or relating to such major disaster, by an employer not engaged, 
        directly or through an affiliate, in underwriting, selling, or 
        marketing property, casualty, or liability insurance policies or 
        contracts;
            ``(B) who receives from such employer on average weekly 
        compensation of not less than $591.00 per week or any minimum 
        weekly amount established by the Secretary, whichever is 
        greater, for the number of weeks such employee is engaged in any 
        of the activities described in subparagraph (C); and
            ``(C) whose duties include any of the following:
                    ``(i) interviewing insured individuals, individuals 
                who suffered injuries or other damages or losses arising 
                from or relating to a disaster, witnesses, or 
                physicians;
                    ``(ii) inspecting property damage or reviewing 
                factual information to prepare damage estimates;
                    ``(iii) evaluating and making recommendations 
                regarding coverage or compensability of claims or 
                determining liability or value aspects of claims;
                    ``(iv) negotiating settlements; or
                    ``(v) making recommendations regarding litigation.

    ``(2) The exemption in this subsection shall not affect the 
exemption provided by section 13(a)(1).
    ``(3) For purposes of this subsection--
            ``(A) the term `major disaster' means any disaster or 
        catastrophe declared or designated by any State or Federal 
        agency or department;
            ``(B) the term `employee employed to adjust or evaluate 
        claims resulting from or relating to such major disaster' means 
        an individual who timely secured or secures a license required

[[Page 132 STAT. 3064]]

        by applicable law to engage in and perform the activities 
        described in clauses (i) through (v) of paragraph (1)(C) 
        relating to a major disaster, and is employed by an employer 
        that maintains worker compensation insurance coverage or 
        protection for its employees, if required by applicable law, and 
        withholds applicable Federal, State, and local income and 
        payroll taxes from the wages, salaries and any benefits of such 
        employees; and
            ``(C) the term `affiliate' means a company that, by reason 
        of ownership or control of 25 percent or more of the outstanding 
        shares of any class of voting securities of one or more 
        companies, directly or indirectly, controls, is controlled by, 
        or is under common control with, another company.''.

    (b) This section shall be effective on the date of enactment of this 
Act.

                              (rescission)

    Sec. 109.  Of the funds made available under the heading 
``Employment and Training Administration-Training and Employment 
Services'' in division H of Public Law 115-141, $53,000,000 is 
rescinded, to be derived from the amount made available in paragraph 
(2)(A) under such heading for the period October 1, 2018, through 
September 30, 2019.
    Sec. 110. (a) Flexibility With Respect to the Crossing of H-2B 
Nonimmigrants Working in the Seafood Industry.--
            (1) In general.--Subject to paragraph (2), if a petition for 
        H-2B nonimmigrants filed by an employer in the seafood industry 
        is granted, the employer may bring the nonimmigrants described 
        in the petition into the United States at any time during the 
        120-day period beginning on the start date for which the 
        employer is seeking the services of the nonimmigrants without 
        filing another petition.
            (2) Requirements for crossings after 90th day.--An employer 
        in the seafood industry may not bring H-2B nonimmigrants into 
        the United States after the date that is 90 days after the start 
        date for which the employer is seeking the services of the 
        nonimmigrants unless the employer--
                    (A) completes a new assessment of the local labor 
                market by--
                          (i) listing job orders in local newspapers on 
                      2 separate Sundays; and
                          (ii) posting the job opportunity on the 
                      appropriate Department of Labor Electronic Job 
                      Registry and at the employer's place of 
                      employment; and
                    (B) offers the job to an equally or better qualified 
                United States worker who--
                          (i) applies for the job; and
                          (ii) will be available at the time and place 
                      of need.
            (3) Exemption from rules with respect to staggering.--The 
        Secretary of Labor shall not consider an employer in the seafood 
        industry who brings H-2B nonimmigrants into the United States 
        during the 120-day period specified in paragraph (1) to be 
        staggering the date of need in violation of section 655.20(d) of 
        title 20, Code of Federal Regulations, or any other applicable 
        provision of law.

[[Page 132 STAT. 3065]]

    (b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B 
nonimmigrants'' means aliens admitted to the United States pursuant to 
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(15)(H)(ii)(B)).
    Sec. 111.  The determination of prevailing wage for the purposes of 
the H-2B program shall be the greater of--(1) the actual wage level paid 
by the employer to other employees with similar experience and 
qualifications for such position in the same location; or (2) the 
prevailing wage level for the occupational classification of the 
position in the geographic area in which the H-2B nonimmigrant will be 
employed, based on the best information available at the time of filing 
the petition. In the determination of prevailing wage for the purposes 
of the H-2B program, the Secretary shall accept private wage surveys 
even in instances where Occupational Employment Statistics survey data 
are available unless the Secretary determines that the methodology and 
data in the provided survey are not statistically supported.
    Sec. 112.  None of the funds in this Act shall be used to enforce 
the definition of corresponding employment found in 20 CFR 655.5 or the 
three-fourths guarantee rule definition found in 20 CFR 655.20, or any 
references thereto. Further, for the purpose of regulating admission of 
temporary workers under the H-2B program, the definition of temporary 
need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
    Sec. 113.  Notwithstanding any other provision of law, the Secretary 
may furnish through grants, cooperative agreements, contracts, and other 
arrangements, up to $2,000,000 of excess personal property to 
apprenticeship programs for the purpose of training apprentices in those 
programs.
    Sec. 114.  The proviso at the end of paragraph (1) under the heading 
``Department of Labor--Employment and Training Administration--State 
Unemployment Insurance and Employment Service Operations'' in title I of 
division G of Public Law 113-235 is amended by striking ``six'' and 
inserting ``seven''.
    Sec. 115. (a) The Act entitled ``An Act to create a Department of 
Labor'', approved March 4, 1913 (37 Stat. 736, chapter 141) shall be 
applied as if the following text is part of such Act:
``SEC. 12. SECURITY DETAIL.

    ``(a) In General.--The Secretary of Labor is authorized to employ 
law enforcement officers or special agents to--
            ``(1) provide protection for the Secretary of Labor during 
        the workday of the Secretary and during any activity that is 
        preliminary or postliminary to the performance of official 
        duties by the Secretary;
            ``(2) provide protection, incidental to the protection 
        provided to the Secretary, to a member of the immediate family 
        of the Secretary who is participating in an activity or event 
        relating to the official duties of the Secretary;
            ``(3) provide continuous protection to the Secretary 
        (including during periods not described in paragraph (1)) and to 
        the members of the immediate family of the Secretary if there is 
        a unique and articulable threat of physical harm, in accordance 
        with guidelines established by the Secretary; and
            ``(4) provide protection to the Deputy Secretary of Labor or 
        another senior officer representing the Secretary of Labor

[[Page 132 STAT. 3066]]

        at a public event if there is a unique and articulable threat of 
        physical harm, in accordance with guidelines established by the 
        Secretary.

    ``(b) Authorities.--The Secretary of Labor may authorize a law 
enforcement officer or special agent employed under subsection (a), for 
the purpose of performing the duties authorized under subsection (a), 
to--
            ``(1) carry firearms;
            ``(2) make arrests without a warrant for any offense against 
        the United States committed in the presence of such officer or 
        special agent;
            ``(3) perform protective intelligence work, including 
        identifying and mitigating potential threats and conducting 
        advance work to review security matters relating to sites and 
        events;
            ``(4) coordinate with local law enforcement agencies; and
            ``(5) initiate criminal and other investigations into 
        potential threats to the security of the Secretary, in 
        coordination with the Inspector General of the Department of 
        Labor.

    ``(c) Compliance With Guidelines.--A law enforcement officer or 
special agent employed under subsection (a) shall exercise any authority 
provided under this section in accordance with any--
            ``(1) guidelines issued by the Attorney General; and
            ``(2) guidelines prescribed by the Secretary of Labor.''.

    (b) This section shall be effective on the date of enactment of this 
Act.
    Sec. 116.  The Secretary is authorized to dispose of or divest, by 
any means the Secretary determines appropriate, including an agreement 
or partnership to construct a new Job Corps center, all or a portion of 
the real property on which the Treasure Island Job Corps Center is 
situated. Any sale or other disposition will not be subject to any 
requirement of any Federal law or regulation relating to the disposition 
of Federal real property, including but not limited to subchapter III of 
chapter 5 of title 40 of the United States Code and subchapter V of 
chapter 119 of title 42 of the United States Code. The net proceeds of 
such a sale shall be transferred to the Secretary, which shall be 
available until expended to carry out the Job Corps Program.
    Sec. 117. (a) The paragraph under the heading ``Working Capital 
Fund'' in the Department of Labor Appropriations Act, 1958, Public Law 
85-67, 71 Stat. 210, as amended, <<NOTE: 26 USC 563.>>  is further 
amended by striking all of the text that appears after ``for expenses 
necessary for the maintenance and operation of'' and inserting ``a 
comprehensive program of centralized services which the Secretary of 
Labor may prescribe and deem appropriate and advantageous to provide on 
a reimbursable basis: Provided, That such Working Capital Fund may 
receive advances and reimbursements from funds available to bureaus, 
offices, and agencies for which such centralized services are performed 
at rates which will return in full all expenses of operation, including 
reserves for accrued annual leave, workers' compensation, depreciation 
of capitalized equipment and amortization of human resources software 
and systems (either acquired or donated): Provided further, That, 
through September 30, 2019, the Secretary of Labor may transfer an 
amount not to exceed $3,000,000 from unobligated balances in the 
Department's salaries and expenses accounts to the Working Capital Fund, 
to be merged with the Working Capital Fund and used for the acquisition 
of capital equipment and the improvement of financial management,

[[Page 132 STAT. 3067]]

information technology, infrastructure technology investment activities 
related to support systems and modernization, and other support systems, 
and to remain available until expended: Provided further, That the 
Secretary of Labor may transfer to the Working Capital Fund, to remain 
available for obligation for five fiscal years after the fiscal year of 
such transfer, annually an amount not to exceed $9,000,000 from 
unobligated balances in the Department's salaries and expenses accounts 
made available in this Act and hereafter, and annually an amount not to 
exceed $9,000,000 from unobligated balances in the Department's 
discretionary grants accounts made available in this Act and hereafter, 
for the acquisition of capital equipment and the improvement of 
financial management, information technology, infrastructure technology 
investment activities related to support systems and modernization, and 
other support systems: Provided further, That none of the funds 
transferred pursuant to the preceding proviso shall be available unless 
the Chief Information Officer of the Department of Labor has submitted a 
plan, approved by the Office of Management and Budget, describing the 
amounts to be transferred by account, the planned use of funds, 
including descriptions of projects, project status, including any 
scheduled delays and cost overruns, financial expenditures, planned 
activities, and expected benefits, to the Committees on Appropriations 
of the House of Representatives and the Senate by July 31 of the 
calendar year prior to the fiscal year in which the transfer will occur: 
Provided further, That the Working Capital Fund may receive 
reimbursements from entities or persons for use of Departmental 
facilities, including associated utilities and security services, and 
such reimbursements shall be credited to and merged with the Working 
Capital Fund: Provided further, That pursuant to section 11319 of title 
40, United States Code, the Secretary shall ensure that the Department's 
Chief Information Officer shall, at a minimum, be a principal advisor to 
the Secretary and a member on any board or governance structure of the 
Department responsible for advising and setting Department-wide 
information technology budgets: Provided further, That none of the funds 
available for information technology modernization under this section or 
under the heading `IT Modernization' shall be used for information 
technology modernization projects unless an experienced project manager, 
employed by the Department of Labor, is assigned oversight 
responsibility, including but not limited to, ensuring such projects are 
completed within established timeframes and budgets.''.

    (b) The following provisions are repealed:
            (1) The heading ``Working Capital Fund'' and the paragraph 
        thereunder in Public Law 91-204, title I, 84 Stat. 26 <<NOTE: 29 
        USC 564.>>  (1970); and
            (2) The heading ``Working Capital Fund'' and the paragraph 
        thereunder in the Department of Labor, Health and Human 
        Services, and Education, and Related Agencies Appropriations 
        Act, 1994, Public Law 103-112, title I, 107 Stat. 
        1088 <<NOTE: 29 USC 563a.>>  (1993).

                              (rescission)

    Sec. 118. (a) That of the unobligated funds available under section 
286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), 
$8,250,000 are permanently rescinded.

[[Page 132 STAT. 3068]]

    (b) For an additional amount for ``Employment and Training 
Administration--State Unemployment Insurance and Employment Service 
Operations'', $8,250,000, to remain available until September 30, 2019, 
for processing applications for foreign labor certifications, including 
activities related to wage determinations and associated tasks, 
submitted by employers to employ nonimmigrants as described in section 
6(d)(2) of the Joint Resolution entitled ``A Joint Resolution to approve 
the `Covenant To Establish a Commonwealth of the Northern Mariana 
Islands in a Political Union with the United States of America', and for 
other purposes'', as amended by section 3 of the Northern Mariana 
Islands U.S. Workforce Act of 2018 (Public Law 115-218).
    This title may be cited as the ``Department of Labor Appropriations 
Act, 2019''.

TITLE II <<NOTE: Department of Health and Human Services Appropriations 
Act, 2019.>> 

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                           primary health care

    For carrying out titles II and III of the Public Health Service Act 
(referred to in this Act as the ``PHS Act'') with respect to primary 
health care and the Native Hawaiian Health Care Act of 1988, 
$1,626,522,000 (in addition to the $4,000,000,000 previously 
appropriated to the Community Health Center Fund for fiscal year 2019):  
Provided, That no more than $1,000,000 shall be available until expended 
for carrying out the provisions of section 224(o) of the PHS Act:  
Provided further, That no more than $120,000,000 shall be available 
until expended for carrying out subsections (g) through (n) and (q) of 
section 224 of the PHS Act, and for expenses incurred by the Department 
of Health and Human Services (referred to in this Act as ``HHS'') 
pertaining to administrative claims made under such law:  Provided 
further, That of funds provided for the Health Centers program, as 
defined by section 330 of the PHS Act, by this Act or any other Act for 
fiscal year 2019, not less than $200,000,000 shall be obligated in 
fiscal year 2019 for improving quality of care or expanded service 
grants under section 330 of the PHS Act to support and enhance 
behavioral health, mental health, or substance use disorder services.

                            health workforce

    For carrying out titles III, VII, and VIII of the PHS Act with 
respect to the health workforce, sections 1128E and 1921 of the Social 
Security Act, and the Health Care Quality Improvement Act of 1986, 
$1,096,695,000:  Provided, That sections 751(j)(2) and 762(k) of the PHS 
Act and the proportional funding amounts in paragraphs (1) through (4) 
of section 756(f) of the PHS Act shall not apply to funds made available 
under this heading:  Provided further, That <<NOTE: 42 USC 294a note.>>  
for any program operating under section 751 of the PHS Act on or before 
January 1, 2009, the Secretary of Health and Human Services (referred to 
in this title as the ``Secretary'') may hereafter waive any of the 
requirements contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such 
Act for the full project period of a grant under such section:  Provided 
further, That no funds

[[Page 132 STAT. 3069]]

shall be available for section 340G-1 of the PHS Act:  Provided further, 
That fees collected for the disclosure of information under section 
427(b) of the Health Care Quality Improvement Act of 1986 and sections 
1128E(d)(2) and 1921 of the Social Security Act shall be sufficient to 
recover the full costs of operating the programs authorized by such 
sections and shall remain available until expended for the National 
Practitioner Data Bank:  Provided further, That funds transferred to 
this account to carry out section 846 and subpart 3 of part D of title 
III of the PHS Act may be used to make prior year adjustments to awards 
made under such section and subpart:  Provided further, That 
$105,000,000 shall remain available until expended for the purposes of 
providing primary health services, assigning National Health Service 
Corps (``NHSC'') members to expand the delivery of substance use 
disorder treatment services, notwithstanding the assignment priorities 
and limitations under sections 333(a)(1)(D), 333(b), and 
333A(a)(1)(B)(ii) of the PHS Act, and making payments under the NHSC 
Loan Repayment Program under section 338B of such Act:  Provided 
further, That, in addition to amounts otherwise made available in the 
previous proviso, $15,000,000 shall remain available until expended for 
the purposes of making payments under the NHSC Loan Repayment Program 
under section 338B of the PHS Act to individuals participating in such 
program who provide primary health services in Indian Health Service 
facilities, Tribally-Operated 638 Health Programs, and Urban Indian 
Health Programs (as those terms are defined by the Secretary), 
notwithstanding the assignment priorities and limitations under section 
333(b) of such Act: Provided further, That for purposes of the previous 
two provisos, section 331(a)(3)(D) of the PHS Act shall be applied as if 
the term ``primary health services'' includes clinical substance use 
disorder treatment services, including those provided by masters level, 
licensed substance use disorder treatment counselors.

    Of the funds made available under this heading, $25,000,000 shall 
remain available until expended for grants to public institutions of 
higher education to expand or support graduate education for physicians 
provided by such institutions:  Provided, That, in awarding such grants, 
the Secretary shall give priority to public institutions of higher 
education located in States with a projected primary care provider 
shortage in 2025, as determined by the Secretary:  Provided further, 
That grants so awarded are limited to such public institutions of higher 
education in States in the top quintile of States with a projected 
primary care provider shortage in 2025, as determined by the Secretary:  
Provided further, That the minimum amount of a grant so awarded to such 
an institution shall be not less than $1,000,000 per year:  Provided 
further, That such a grant may be awarded for a period not to exceed 5 
years:  Provided further, That such a grant awarded with respect to a 
year to such an institution shall be subject to a matching requirement 
of non-Federal funds in an amount that is not less than 10 percent of 
the total amount of Federal funds provided in the grant to such 
institution with respect to such year.

                        maternal and child health

    For carrying out titles III, XI, XII, and XIX of the PHS Act with 
respect to maternal and child health, title V of the Social

[[Page 132 STAT. 3070]]

Security Act, and section 712 of the American Jobs Creation Act of 2004, 
$926,789,000:  Provided, That notwithstanding sections 502(a)(1) and 
502(b)(1) of the Social Security Act, not more than $109,593,000 shall 
be available for carrying out special projects of regional and national 
significance pursuant to section 501(a)(2) of such Act and $10,276,000 
shall be available for projects described in subparagraphs (A) through 
(F) of section 501(a)(3) of such Act.

                       ryan white hiv/aids program

    For carrying out title XXVI of the PHS Act with respect to the Ryan 
White HIV/AIDS program, $2,318,781,000, of which $1,970,881,000 shall 
remain available to the Secretary through September 30, 2021, for parts 
A and B of title XXVI of the PHS Act, and of which not less than 
$900,313,000 shall be for State AIDS Drug Assistance Programs under the 
authority of section 2616 or 311(c) of such Act.

                           health care systems

    For carrying out titles III and XII of the PHS Act with respect to 
health care systems, and the Stem Cell Therapeutic and Research Act of 
2005, $115,193,000, of which $122,000 shall be available until expended 
for facilities renovations at the Gillis W. Long Hansen's Disease 
Center.

                              rural health

    For carrying out titles III and IV of the PHS Act with respect to 
rural health, section 427(a) of the Federal Coal Mine Health and Safety 
Act of 1969, and sections 711 and 1820 of the Social Security Act, 
$317,794,000, of which $53,609,000 from general revenues, 
notwithstanding section 1820(j) of the Social Security Act, shall be 
available for carrying out the Medicare rural hospital flexibility 
grants program:  Provided, That of the funds made available under this 
heading for Medicare rural hospital flexibility grants, $19,942,000 
shall be available for the Small Rural Hospital Improvement Grant 
Program for quality improvement and adoption of health information 
technology and up to $1,000,000 shall be to carry out section 1820(g)(6) 
of the Social Security Act, with funds provided for grants under section 
1820(g)(6) available for the purchase and implementation of telehealth 
services, including pilots and demonstrations on the use of electronic 
health records to coordinate rural veterans care between rural providers 
and the Department of Veterans Affairs electronic health record system:  
Provided further, That notwithstanding section 338J(k) of the PHS Act, 
$10,000,000 shall be available for State Offices of Rural Health:  
Provided further, That $10,000,000 shall remain available through 
September 30, 2021, to support the Rural Residency Development Program:  
Provided further, That $120,000,000 shall be for the Rural Communities 
Opioids Response Program.

                             family planning

    For carrying out the program under title X of the PHS Act to provide 
for voluntary family planning projects, $286,479,000:  Provided, That 
amounts provided to said projects under such title shall not be expended 
for abortions, that all pregnancy counseling

[[Page 132 STAT. 3071]]

shall be nondirective, and that such amounts shall not be expended for 
any activity (including the publication or distribution of literature) 
that in any way tends to promote public support or opposition to any 
legislative proposal or candidate for public office.

                           program management

    For program support in the Health Resources and Services 
Administration, $155,250,000:  Provided, That funds made available under 
this heading may be used to supplement program support funding provided 
under the headings ``Primary Health Care'', ``Health Workforce'', 
``Maternal and Child Health'', ``Ryan White HIV/AIDS Program'', ``Health 
Care Systems'', and ``Rural Health''.

             vaccine injury compensation program trust fund

    For payments from the Vaccine Injury Compensation Program Trust Fund 
(the ``Trust Fund''), such sums as may be necessary for claims 
associated with vaccine-related injury or death with respect to vaccines 
administered after September 30, 1988, pursuant to subtitle 2 of title 
XXI of the PHS Act, to remain available until expended:  Provided, That 
for necessary administrative expenses, not to exceed $9,200,000 shall be 
available from the Trust Fund to the Secretary.

               Centers for Disease Control and Prevention

                  immunization and respiratory diseases

    For carrying out titles II, III, XVII, and XXI, and section 2821 of 
the PHS Act, titles II and IV of the Immigration and Nationality Act, 
and section 501 of the Refugee Education Assistance Act, with respect to 
immunization and respiratory diseases, $477,855,000.

     hiv/aids, viral hepatitis, sexually transmitted diseases, and 
                         tuberculosis prevention

    For carrying out titles II, III, XVII, and XXIII of the PHS Act with 
respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and 
tuberculosis prevention, $1,132,278,000.

                emerging and zoonotic infectious diseases

    For carrying out titles II, III, and XVII, and section 2821 of the 
PHS Act, titles II and IV of the Immigration and Nationality Act, and 
section 501 of the Refugee Education Assistance Act, with respect to 
emerging and zoonotic infectious diseases, $568,372,000.

             chronic disease prevention and health promotion

    For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS 
Act with respect to chronic disease prevention and health promotion, 
$932,821,000:  Provided, That funds appropriated under this account may 
be available for making grants under section 1509 of the PHS Act for not 
less than 21 States, tribes, or tribal organizations:  Provided further, 
That of the funds made available under this heading, $15,000,000 shall 
be available to continue and

[[Page 132 STAT. 3072]]

expand community specific extension and outreach programs to combat 
obesity in counties with the highest levels of obesity:  Provided 
further, That the proportional funding requirements under section 
1503(a) of the PHS Act shall not apply to funds made available under 
this heading.

   birth defects, developmental disabilities, disabilities and health

    For carrying out titles II, III, XI, and XVII of the PHS Act with 
respect to birth defects, developmental disabilities, disabilities and 
health, $155,560,000.

                    public health scientific services

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to health statistics, surveillance, health informatics, and 
workforce development, $496,397,000.

                          environmental health

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to environmental health, $192,350,000.

                      injury prevention and control

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to injury prevention and control, $648,559,000.

          national institute for occupational safety and health

    For carrying out titles II, III, and XVII of the PHS Act, sections 
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety 
and Health Act, section 13 of the Mine Improvement and New Emergency 
Response Act, and sections 20, 21, and 22 of the Occupational Safety and 
Health Act, with respect to occupational safety and health, 
$336,300,000.

       energy employees occupational illness compensation program

    For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Program Act, $55,358,000, to remain 
available until expended:  Provided, That this amount shall be available 
consistent with the provision regarding administrative expenses in 
section 151(b) of division B, title I of Public Law 106-554.

                              global health

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to global health, $488,621,000, of which: (1) $128,421,000 shall 
remain available through September 30, 2020 for international HIV/AIDS; 
and (2) $50,000,000 shall remain available through September 30, 2021 
for Global Disease Detection and Emergency Response:  Provided, That 
funds may be used for purchase and insurance of official motor vehicles 
in foreign countries.

[[Page 132 STAT. 3073]]

                 public health preparedness and response

    For carrying out titles II, III, and XVII of the PHS Act with 
respect to public health preparedness and response, and for expenses 
necessary to support activities related to countering potential 
biological, nuclear, radiological, and chemical threats to civilian 
populations, $1,465,200,000, of which $610,000,000 shall remain 
available until expended for the Strategic National Stockpile:  
Provided, That the Director of the Centers for Disease Control and 
Prevention (referred to in this title as ``CDC'') or the Administrator 
of the Agency for Toxic Substances and Disease Registry may detail staff 
without reimbursement for up to 90 days to support an activation of the 
CDC Emergency Operations Center, so long as the Director or 
Administrator, as applicable, provides a notice to the Committees on 
Appropriations of the House of Representatives and the Senate within 15 
days of the use of this authority and a full report within 30 days after 
use of this authority which includes the number of staff and funding 
level broken down by the originating center and number of days detailed: 
 Provided further, That funds appropriated under this heading may be 
used to support a contract for the operation and maintenance of an 
aircraft in direct support of activities throughout CDC to ensure the 
agency is prepared to address public health preparedness emergencies.

                        buildings and facilities

                      (including transfer of funds)

    For acquisition of real property, equipment, construction, 
demolition, and renovation of facilities, $30,000,000, which shall 
remain available until September 30, 2023:  Provided, That funds 
previously set-aside by CDC for repair and upgrade of the Lake Lynn 
Experimental Mine and Laboratory shall be used to acquire a replacement 
mine safety research facility:  Provided further, That in addition, the 
prior year unobligated balance of any amounts assigned to former 
employees in accounts of CDC made available for Individual Learning 
Accounts shall be credited to and merged with the amounts made available 
under this heading to support the replacement of the mine safety 
research facility.

                 cdc-wide activities and program support

    For carrying out titles II, III, XVII and XIX, and section 2821 of 
the PHS Act and for cross-cutting activities and program support for 
activities funded in other appropriations included in this Act for the 
Centers for Disease Control and Prevention, $163,570,000, of which up to 
$10,000,000 may be transferred to the reserve of the Working Capital 
Fund authorized under this heading in division F of Public Law 112-74:  
Provided, That paragraphs (1) through (3) of subsection (b) of section 
2821 of the PHS Act shall not apply to funds appropriated under this 
heading and in all other accounts of the CDC:  Provided further, That 
employees of CDC or the Public Health Service, both civilian and 
commissioned officers, detailed to States, municipalities, or other 
organizations under authority of section 214 of the PHS Act, or in 
overseas assignments, shall be treated as non-Federal employees for 
reporting purposes only and shall not be included within any personnel 
ceiling applicable to the Agency, Service, or HHS during

[[Page 132 STAT. 3074]]

the period of detail or assignment:  Provided further, That CDC may use 
up to $10,000 from amounts appropriated to CDC in this Act for official 
reception and representation expenses when specifically approved by the 
Director of CDC:  Provided further, That in addition, such sums as may 
be derived from authorized user fees, which shall be credited to the 
appropriation charged with the cost thereof:  Provided further, That 
with respect to the previous proviso, authorized user fees from the 
Vessel Sanitation Program and the Respirator Certification Program shall 
be available through September 30, 2020.

                      National Institutes of Health

                        national cancer institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to cancer, $5,743,892,000, of which up to $30,000,000 may be 
used for facilities repairs and improvements at the National Cancer 
Institute--Frederick Federally Funded Research and Development Center in 
Frederick, Maryland.

                national heart, lung, and blood institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to cardiovascular, lung, and blood diseases, and blood and blood 
products, $3,488,335,000.

         national institute of dental and craniofacial research

    For carrying out section 301 and title IV of the PHS Act with 
respect to dental and craniofacial diseases, $461,781,000.

    national institute of diabetes and digestive and kidney diseases

    For carrying out section 301 and title IV of the PHS Act with 
respect to diabetes and digestive and kidney disease, $2,029,823,000.

         national institute of neurological disorders and stroke

    For carrying out section 301 and title IV of the PHS Act with 
respect to neurological disorders and stroke, $2,216,913,000.

          national institute of allergy and infectious diseases

    For carrying out section 301 and title IV of the PHS Act with 
respect to allergy and infectious diseases, $5,523,324,000.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to general medical sciences, $2,872,780,000, of which 
$1,146,821,000 shall be from funds available under section 241 of the 
PHS Act:  Provided, That not less than $361,573,000 is provided for the 
Institutional Development Awards program.

[[Page 132 STAT. 3075]]

  eunice kennedy shriver national institute of child health and human 
                               development

    For carrying out section 301 and title IV of the PHS Act with 
respect to child health and human development, $1,506,458,000.

                         national eye institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to eye diseases and visual disorders, $796,536,000.

           national institute of environmental health sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to environmental health sciences, $774,707,000.

                       national institute on aging

    For carrying out section 301 and title IV of the PHS Act with 
respect to aging, $3,083,410,000.

  national institute of arthritis and musculoskeletal and skin diseases

    For carrying out section 301 and title IV of the PHS Act with 
respect to arthritis and musculoskeletal and skin diseases, 
$605,065,000.

    national institute on deafness and other communication disorders

    For carrying out section 301 and title IV of the PHS Act with 
respect to deafness and other communication disorders, $474,404,000.

                 national institute of nursing research

    For carrying out section 301 and title IV of the PHS Act with 
respect to nursing research, $162,992,000.

           national institute on alcohol abuse and alcoholism

    For carrying out section 301 and title IV of the PHS Act with 
respect to alcohol abuse and alcoholism, $525,591,000.

                    national institute on drug abuse

    For carrying out section 301 and title IV of the PHS Act with 
respect to drug abuse, $1,419,844,000.

                   national institute of mental health

    For carrying out section 301 and title IV of the PHS Act with 
respect to mental health, $1,812,796,000.

                national human genome research institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to human genome research, $575,579,000.

[[Page 132 STAT. 3076]]

       national institute of biomedical imaging and bioengineering

    For carrying out section 301 and title IV of the PHS Act with 
respect to biomedical imaging and bioengineering research, $389,464,000.

        national center for complementary and integrative health

    For carrying out section 301 and title IV of the PHS Act with 
respect to complementary and integrative health, $146,473,000.

      national institute on minority health and health disparities

    For carrying out section 301 and title IV of the PHS Act with 
respect to minority health and health disparities research, 
$314,679,000.

                  john e. fogarty international center

    For carrying out the activities of the John E. Fogarty International 
Center (described in subpart 2 of part E of title IV of the PHS Act), 
$78,109,000.

                      national library of medicine

    For carrying out section 301 and title IV of the PHS Act with 
respect to health information communications, $441,997,000:  Provided, 
That of the amounts available for improvement of information systems, 
$4,000,000 shall be available until September 30, 2020:  Provided 
further, That in fiscal year 2019, the National Library of Medicine may 
enter into personal services contracts for the provision of services in 
facilities owned, operated, or constructed under the jurisdiction of the 
National Institutes of Health (referred to in this title as ``NIH'').

          national center for advancing translational sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to translational sciences, $806,373,000:  Provided, That up to 
$80,000,000 shall be available to implement section 480 of the PHS Act, 
relating to the Cures Acceleration Network:  Provided further, That at 
least $559,736,000 is provided to the Clinical and Translational 
Sciences Awards program.

                         office of the director

                      (including transfer of funds)

    For carrying out the responsibilities of the Office of the Director, 
NIH, $1,909,075,000:  Provided, That funding shall be available for the 
purchase of not to exceed 29 passenger motor vehicles for replacement 
only:  Provided further, That all funds credited to the NIH Management 
Fund shall remain available for one fiscal year after the fiscal year in 
which they are deposited:  Provided further, That $165,000,000 shall be 
for the Environmental Influences on Child Health Outcomes study:  
Provided further, That $606,566,000 shall be available for the Common 
Fund established under section 402A(c)(1) of the PHS Act:  Provided 
further, That

[[Page 132 STAT. 3077]]

of the funds provided, $10,000 shall be for official reception and 
representation expenses when specifically approved by the Director of 
the NIH:  Provided further, That the Office of AIDS Research within the 
Office of the Director of the NIH may spend up to $8,000,000 to make 
grants for construction or renovation of facilities as provided for in 
section 2354(a)(5)(B) of the PHS Act:  Provided further, That 
$50,000,000 shall be used to carry out section 404I of the PHS Act (42 
U.S.C. 283K), relating to biomedical and behavioral research facilities: 
 Provided further, That $5,000,000 shall be transferred to and merged 
with the appropriation for the ``Office of Inspector General'' for 
oversight of grant programs and operations of the NIH, including agency 
efforts to ensure the integrity of its grant application evaluation and 
selection processes, and shall be in addition to funds otherwise made 
available for oversight of the NIH:  Provided further, That the funds 
provided in the previous proviso may be transferred from one specified 
activity to another with 15 days prior approval of the Committees on 
Appropriations of the House of Representatives and the Senate:  Provided 
further, That the Inspector General shall consult with the Committees on 
Appropriations of the House of Representatives and the Senate before 
submitting to the Committees an audit plan for fiscal years 2019 and 
2020 no later than 30 days after the date of enactment of this Act.
    In addition to other funds appropriated for the Common Fund 
established under section 402A(c) of the PHS Act, $12,600,000 is 
appropriated to the Common Fund from the 10-year Pediatric Research 
Initiative Fund described in section 9008 of title 26, United States 
Code, for the purpose of carrying out section 402(b)(7)(B)(ii) of the 
PHS Act (relating to pediatric research), as authorized in the Gabriella 
Miller Kids First Research Act.

                        buildings and facilities

    For the study of, construction of, demolition of, renovation of, and 
acquisition of equipment for, facilities of or used by NIH, including 
the acquisition of real property, $200,000,000, to remain available 
through September 30, 2023.

                    nih innovation account, cures act

                      (including transfer of funds)

    For necessary expenses to carry out the purposes described in 
section 1001(b)(4) of the 21st Century Cures Act, in addition to amounts 
available for such purposes in the appropriations provided to the NIH in 
this Act, $711,000,000, to remain available until expended:  Provided, 
That such amounts are appropriated pursuant to section 1001(b)(3) of 
such Act, are to be derived from amounts transferred under section 
1001(b)(2)(A) of such Act, and may be transferred by the Director of the 
National Institutes of Health to other accounts of the National 
Institutes of Health solely for the purposes provided in such Act:  
Provided further, That upon a determination by the Director that funds 
transferred pursuant to the previous proviso are not necessary for the 
purposes provided, such amounts may be transferred back to the Account:  
Provided further, That the transfer authority provided under this 
heading is in addition to any other transfer authority provided by law.

[[Page 132 STAT. 3078]]

        Substance Abuse and Mental Health Services Administration

                              mental health

    For carrying out titles III, V, and XIX of the PHS Act with respect 
to mental health, and the Protection and Advocacy for Individuals with 
Mental Illness Act, $1,524,974,000:  Provided, That of the funds made 
available under this heading, $63,887,000 shall be for the National 
Child Traumatic Stress Initiative, of which $10,000,000 shall be awarded 
not later than December 1, 2018, for activities described in the joint 
explanatory statement accompanying this Act:  Provided further, That 
notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated 
for carrying out section 520A shall be available for carrying out 
section 1971 of the PHS Act:  Provided further, That in addition to 
amounts provided herein, $21,039,000 shall be available under section 
241 of the PHS Act to carry out subpart I of part B of title XIX of the 
PHS Act to fund section 1920(b) technical assistance, national data, 
data collection and evaluation activities, and further that the total 
available under this Act for section 1920(b) activities shall not exceed 
5 percent of the amounts appropriated for subpart I of part B of title 
XIX:  Provided further, That up to 10 percent of the amounts made 
available to carry out the Children's Mental Health Services program may 
be used to carry out demonstration grants or contracts for early 
interventions with persons not more than 25 years of age at clinical 
high risk of developing a first episode of psychosis:  Provided further, 
That section 520E(b)(2) of the PHS Act shall not apply to funds 
appropriated in this Act for fiscal year 2019:  Provided further, That 
States shall expend at least 10 percent of the amount each receives for 
carrying out section 1911 of the PHS Act to support evidence-based 
programs that address the needs of individuals with early serious mental 
illness, including psychotic disorders, regardless of the age of the 
individual at onset:  Provided further, That $150,000,000 shall be 
available until September 30, 2021 for grants to communities and 
community organizations who meet criteria for Certified Community 
Behavioral Health Clinics pursuant to section 223(a) of Public Law 113-
93:  Provided further, That none of the funds provided for section 1911 
of the PHS Act shall be subject to section 241 of such Act:  Provided 
further, That of the funds made available under this heading, 
$15,000,000 shall be to carry out section 224 of the Protecting Access 
to Medicare Act of 2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).

                        substance abuse treatment

    For carrying out titles III and V of the PHS Act with respect to 
substance abuse treatment and title XIX of such Act with respect to 
substance abuse treatment and prevention, $3,737,556,000:  Provided, 
That $1,500,000,000 shall be for State Opioid Response Grants for 
carrying out activities pertaining to opioids undertaken by the State 
agency responsible for administering the substance abuse prevention and 
treatment block grant under subpart II of part B of title XIX of the PHS 
Act (42 U.S.C. 300x-21 et seq.):  Provided further, That of such amount 
$50,000,000 shall be made available to Indian Tribes or tribal 
organizations:  Provided further, That 15 percent of the remaining 
amount shall be for the States with the highest mortality rate related 
to opioid use disorders:

[[Page 132 STAT. 3079]]

 Provided further, That of the amounts provided for State Opioid 
Response Grants not more than 2 percent shall be available for Federal 
administrative expenses, training, technical assistance, and evaluation: 
 Provided further, That of the amount not reserved by the previous three 
provisos, the Secretary shall make allocations to States, territories, 
and the District of Columbia according to a formula using national 
survey results that the Secretary determines are the most objective and 
reliable measure of drug use and drug-related deaths:  Provided further, 
That the Secretary shall submit the formula methodology to the 
Committees on Appropriations of the House of Representatives and the 
Senate not less than 15 days prior to publishing a Funding Opportunity 
Announcement:  Provided further, That prevention and treatment 
activities funded through such grants may include education, treatment 
(including the provision of medication), behavioral health services for 
individuals in treatment programs, referral to treatment services, 
recovery support, and medical screening associated with such treatment:  
Provided further, That each State, as well as the District of Columbia, 
shall receive not less than $4,000,000:  Provided further, That in 
addition to amounts provided herein, the following amounts shall be 
available under section 241 of the PHS Act: (1) $79,200,000 to carry out 
subpart II of part B of title XIX of the PHS Act to fund section 1935(b) 
technical assistance, national data, data collection and evaluation 
activities, and further that the total available under this Act for 
section 1935(b) activities shall not exceed 5 percent of the amounts 
appropriated for subpart II of part B of title XIX; and (2) $2,000,000 
to evaluate substance abuse treatment programs:  Provided further, That 
none of the funds provided for section 1921 of the PHS Act or State 
Opioid Response Grants shall be subject to section 241 of such Act.

                        substance abuse prevention

    For carrying out titles III and V of the PHS Act with respect to 
substance abuse prevention, $205,469,000.

                 health surveillance and program support

    For program support and cross-cutting activities that supplement 
activities funded under the headings ``Mental Health'', ``Substance 
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out 
titles III, V, and XIX of the PHS Act and the Protection and Advocacy 
for Individuals with Mental Illness Act in the Substance Abuse and 
Mental Health Services Administration, $128,830,000:  Provided, That in 
addition to amounts provided herein, $31,428,000 shall be available 
under section 241 of the PHS Act to supplement funds available to carry 
out national surveys on drug abuse and mental health, to collect and 
analyze program data, and to conduct public awareness and technical 
assistance activities:  Provided further, That, in addition, fees may be 
collected for the costs of publications, data, data tabulations, and 
data analysis completed under title V of the PHS Act and provided to a 
public or private entity upon request, which shall be credited to this 
appropriation and shall remain available until expended for such 
purposes:  Provided further, That amounts made available in this Act for 
carrying out section 501(o) of the PHS Act shall remain available 
through September 30, 2020:  Provided further, That funds made available 
under this heading may be used to supplement

[[Page 132 STAT. 3080]]

program support funding provided under the headings ``Mental Health'', 
``Substance Abuse Treatment'', and ``Substance Abuse Prevention''.

               Agency for Healthcare Research and Quality

                     healthcare research and quality

    For carrying out titles III and IX of the PHS Act, part A of title 
XI of the Social Security Act, and section 1013 of the Medicare 
Prescription Drug, Improvement, and Modernization Act of 2003, 
$338,000,000:  Provided, That section 947(c) of the PHS Act shall not 
apply in fiscal year 2019:  Provided further, That in addition, amounts 
received from Freedom of Information Act fees, reimbursable and 
interagency agreements, and the sale of data shall be credited to this 
appropriation and shall remain available until September 30, 2020.

                Centers for Medicare & Medicaid Services

                      grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX of 
the Social Security Act, $276,236,212,000, to remain available until 
expended.
    For making, after May 31, 2019, payments to States under title XIX 
or in the case of section 1928 on behalf of States under title XIX of 
the Social Security Act for the last quarter of fiscal year 2019 for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For making payments to States or in the case of section 1928 on 
behalf of States under title XIX of the Social Security Act for the 
first quarter of fiscal year 2020, $137,931,797,000, to remain available 
until expended.
    Payment under such title XIX may be made for any quarter with 
respect to a State plan or plan amendment in effect during such quarter, 
if submitted in or prior to such quarter and approved in that or any 
subsequent quarter.

                 payments to the health care trust funds

    For payment to the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund, as provided under 
sections 217(g), 1844, and 1860D-16 of the Social Security Act, sections 
103(c) and 111(d) of the Social Security Amendments of 1965, section 
278(d)(3) of Public Law 97-248, and for administrative expenses incurred 
pursuant to section 201(g) of the Social Security Act, $378,343,800,000.
    In addition, for making matching payments under section 1844 and 
benefit payments under section 1860D-16 of the Social Security Act that 
were not anticipated in budget estimates, such sums as may be necessary.

                           program management

    For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the 
PHS Act, the Clinical Laboratory Improvement Amendments

[[Page 132 STAT. 3081]]

of 1988, and other responsibilities of the Centers for Medicare & 
Medicaid Services, not to exceed $3,669,744,000, to be transferred from 
the Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund, as authorized by section 201(g) of the 
Social Security Act; together with all funds collected in accordance 
with section 353 of the PHS Act and section 1857(e)(2) of the Social 
Security Act, funds retained by the Secretary pursuant to section 
1893(h) of the Social Security Act, and such sums as may be collected 
from authorized user fees and the sale of data, which shall be credited 
to this account and remain available until expended:  Provided, That all 
funds derived in accordance with 31 U.S.C. 9701 from organizations 
established under title XIII of the PHS Act shall be credited to and 
available for carrying out the purposes of this appropriation:  Provided 
further, That the Secretary is directed to collect fees in fiscal year 
2019 from Medicare Advantage organizations pursuant to section 
1857(e)(2) of the Social Security Act and from eligible organizations 
with risk-sharing contracts under section 1876 of that Act pursuant to 
section 1876(k)(4)(D) of that Act.

               health care fraud and abuse control account

    In addition to amounts otherwise available for program integrity and 
program management, $765,000,000, to remain available through September 
30, 2020, to be transferred from the Federal Hospital Insurance Trust 
Fund and the Federal Supplementary Medical Insurance Trust Fund, as 
authorized by section 201(g) of the Social Security Act, of which 
$599,389,000 shall be for the Centers for Medicare & Medicaid Services 
program integrity activities, of which $87,230,000 shall be for the 
Department of Health and Human Services Office of Inspector General to 
carry out fraud and abuse activities authorized by section 1817(k)(3) of 
such Act, and of which $78,381,000 shall be for the Department of 
Justice to carry out fraud and abuse activities authorized by section 
1817(k)(3) of such Act:  Provided, That the report required by section 
1817(k)(5) of the Social Security Act for fiscal year 2019 shall include 
measures of the operational efficiency and impact on fraud, waste, and 
abuse in the Medicare, Medicaid, and CHIP programs for the funds 
provided by this appropriation:  Provided further, That of the amount 
provided under this heading, $311,000,000 is provided to meet the terms 
of section 251(b)(2)(C)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended, and $454,000,000 is additional new 
budget authority specified for purposes of section 251(b)(2)(C) of such 
Act:  Provided further, That the Secretary shall provide not less than 
$17,621,000 for the Senior Medicare Patrol program to combat health care 
fraud and abuse from the funds provided to this account.

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

    For carrying out, except as otherwise provided, titles I, IV-D, X, 
XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960, 
$2,922,247,000, to remain available until expended; and for such 
purposes for the first quarter of fiscal year 2020, $1,400,000,000, to 
remain available until expended.

[[Page 132 STAT. 3082]]

    For carrying out, after May 31 of the current fiscal year, except as 
otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the Social 
Security Act and the Act of July 5, 1960, for the last 3 months of the 
current fiscal year for unanticipated costs, incurred for the current 
fiscal year, such sums as may be necessary.

                    low income home energy assistance

    For making payments under subsections (b) and (d) of section 2602 of 
the Low Income Home Energy Assistance Act of 1981, $3,690,304,000:  
Provided, That all but $716,000,000 of this amount shall be allocated as 
though the total appropriation for such payments for fiscal year 2019 
was less than $1,975,000,000:  Provided further, That notwithstanding 
section 2609A(a), of the amounts appropriated under section 2602(b), not 
more than $2,988,000 of such amounts may be reserved by the Secretary 
for technical assistance, training, and monitoring of program activities 
for compliance with internal controls, policies and procedures and may, 
in addition to the authorities provided in section 2609A(a)(1), use such 
funds through contracts with private entities that do not qualify as 
nonprofit organizations.

                     refugee and entrant assistance

                      (including transfer of funds)

    For necessary expenses for refugee and entrant assistance activities 
authorized by section 414 of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980, and for 
carrying out section 462 of the Homeland Security Act of 2002, section 
235 of the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008, the Trafficking Victims Protection Act of 
2000 (``TVPA''), and the Torture Victims Relief Act of 1998, 
$1,905,201,000, of which $1,864,446,000 shall remain available through 
September 30, 2021 for carrying out such sections 414, 501, 462, and 
235:  Provided, That amounts available under this heading to carry out 
the TVPA shall also be available for research and evaluation with 
respect to activities under such Act:  Provided further, That the 
limitation in section 205 of this Act regarding transfers increasing any 
appropriation shall apply to transfers to appropriations under this 
heading by substituting ``15 percent'' for ``3 percent''.

    payments to states for the child care and development block grant

    For carrying out the Child Care and Development Block Grant Act of 
1990 (``CCDBG Act''), $5,276,000,000 shall be used to supplement, not 
supplant State general revenue funds for child care assistance for low-
income families:  Provided, That technical assistance under section 
658I(a)(3) of such Act may be provided directly, or through the use of 
contracts, grants, cooperative agreements, or interagency agreements:  
Provided further, That all funds made available to carry out section 418 
of the Social Security Act (42 U.S.C. 618), including funds appropriated 
for that purpose in such section 418 or any other provision of law, 
shall be subject to the reservation of funds authority in paragraphs (4) 
and (5) of section 658O(a) of the CCDBG Act:  Provided further, That in 
addition

[[Page 132 STAT. 3083]]

to the amounts required to be reserved by the Secretary under section 
658O(a)(2)(A) of such Act, $156,780,000 shall be for Indian tribes and 
tribal organizations.

                       social services block grant

    For making grants to States pursuant to section 2002 of the Social 
Security Act, $1,700,000,000:  Provided, That notwithstanding 
subparagraph (B) of section 404(d)(2) of such Act, the applicable 
percent specified under such subparagraph for a State to carry out State 
programs pursuant to title XX-A of such Act shall be 10 percent.

                 children and families services programs

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act, 
the Child Abuse Prevention and Treatment Act, sections 303 and 313 of 
the Family Violence Prevention and Services Act, the Native American 
Programs Act of 1974, title II of the Child Abuse Prevention and 
Treatment and Adoption Reform Act of 1978 (adoption opportunities), part 
B-1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and 1115 of 
the Social Security Act, and the Community Services Block Grant Act 
(``CSBG Act''); and for necessary administrative expenses to carry out 
titles I, IV, V, X, XI, XIV, XVI, and XX-A of the Social Security Act, 
the Act of July 5, 1960, the Low-Income Home Energy Assistance Act of 
1981, the Child Care and Development Block Grant Act of 1990, the Assets 
for Independence Act, title IV of the Immigration and Nationality Act, 
and section 501 of the Refugee Education Assistance Act of 1980, 
$12,239,225,000, of which $75,000,000, to remain available through 
September 30, 2020, shall be for grants to States for adoption and legal 
guardianship incentive payments, as defined by section 473A of the 
Social Security Act and may be made for adoptions and legal 
guardianships completed before September 30, 2019:  Provided, That 
$10,063,095,000 shall be for making payments under the Head Start Act, 
of which, notwithstanding section 640 of such Act:
            (1) $150,000,000 shall be available for a cost of living 
        adjustment, and with respect to any continuing appropriations 
        act, funding available for a cost of living adjustment shall not 
        be construed as an authority or condition under this Act;
            (2) $25,000,000 shall be available for allocation by the 
        Secretary to supplement activities described in paragraphs 
        (7)(B) and (9) of section 641(c) of the Head Start Act under the 
        Designation Renewal System, established under the authority of 
        sections 641(c)(7), 645A(b)(12), and 645A(d) of such Act, and 
        such funds shall not be included in the calculation of ``base 
        grant'' in subsequent fiscal years, as such term is used in 
        section 640(a)(7)(A) of such Act; and
            (3) $805,000,000, in addition to funds otherwise available 
        under such section 640 for such purposes, shall be available 
        through March 31, 2020, for Early Head Start programs as 
        described in section 645A of such Act, for conversion of Head 
        Start services to Early Head Start services as described in 
        section 645(a)(5)(A) of such Act, for discretionary grants for 
        high quality infant and toddler care through Early Head Start-
        Child Care Partnerships, to entities defined as eligible under

[[Page 132 STAT. 3084]]

        section 645A(d) of such Act, for training and technical 
        assistance for such activities, and for up to $16,000,000 in 
        Federal costs of administration and evaluation:

  Provided further, That the Secretary may reduce the reservation of 
funds under section 640(a)(2)(C) of such Act in lieu of reducing the 
reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and 
640(a)(2)(E) of such Act:  Provided further, That $250,000,000 shall be 
available until December 31, 2019 for carrying out sections 9212 and 
9213 of the Every Student Succeeds Act:  Provided further, That up to 3 
percent of the funds in the preceding proviso shall be available for 
technical assistance and evaluation related to grants awarded under such 
section 9212:  Provided further, That $753,883,000 shall be for making 
payments under the CSBG Act:  Provided further, That $29,233,000 shall 
be for sections 680 and 678E(b)(2) of the CSBG Act, of which not less 
than $19,883,000 shall be for section 680(a)(2) and not less than 
$9,000,000 shall be for section 680(a)(3)(B) of such Act:  Provided 
further, That, notwithstanding section 675C(a)(3) of such Act, to the 
extent Community Services Block Grant funds are distributed as grant 
funds by a State to an eligible entity as provided under such Act, and 
have not been expended by such entity, they shall remain with such 
entity for carryover into the next fiscal year for expenditure by such 
entity consistent with program purposes:  Provided further, 
That <<NOTE: 42 USC 9921 note.>>  the Secretary shall establish 
procedures regarding the disposition of intangible assets and program 
income that permit such assets acquired with, and program income derived 
from, grant funds authorized under section 680 of the CSBG Act to become 
the sole property of such grantees after a period of not more than 12 
years after the end of the grant period for any activity consistent with 
section 680(a)(2)(A) of the CSBG Act:  Provided further, That intangible 
assets in the form of loans, equity investments and other debt 
instruments, and program income may be used by grantees for any eligible 
purpose consistent with section 680(a)(2)(A) of the CSBG Act:  Provided 
further, That these procedures shall apply to such grant funds made 
available after November 29, 1999:  Provided further, That funds 
appropriated for section 680(a)(2) of the CSBG Act shall be available 
for financing construction and rehabilitation and loans or investments 
in private business enterprises owned by community development 
corporations:  Provided further, That $164,500,000 shall be for carrying 
out section 303(a) of the Family Violence Prevention and Services Act, 
of which $5,000,000 shall be allocated notwithstanding section 303(a)(2) 
of such Act for carrying out section 309 of such Act:  Provided further, 
That the percentages specified in section 112(a)(2) of the Child Abuse 
Prevention and Treatment Act shall not apply to funds appropriated under 
this heading:  Provided further, That $1,864,000 shall be for a human 
services case management system for federally declared disasters, to 
include a comprehensive national case management contract and Federal 
costs of administering the system:  Provided further, That up to 
$2,000,000 shall be for improving the Public Assistance Reporting 
Information System, including grants to States to support data 
collection for a study of the system's effectiveness.

[[Page 132 STAT. 3085]]

                   promoting safe and stable families

    For carrying out, except as otherwise provided, section 436 of the 
Social Security Act, $345,000,000 and, for carrying out, except as 
otherwise provided, section 437 of such Act, $99,765,000:  Provided, 
That of the funds available to carry out section 437, $59,765,000 shall 
be allocated consistent with subsections (b) through (d) of such 
section:  Provided further, That of the funds available to carry out 
section 437, to assist in meeting the requirements described in section 
471(e)(4)(C), $20,000,000 shall be for grants to each State, territory, 
and Indian tribe operating title IV-E plans for developing, enhancing, 
or evaluating kinship navigator programs, as described in section 
427(a)(1) of such Act, and $20,000,000, in addition to funds otherwise 
appropriated in section 436 for such purposes, shall be for competitive 
grants to regional partnerships as described in section 437(f):  
Provided further, That section 437(b)(1) shall be applied to amounts in 
the previous proviso by substituting ``5 percent'' for ``3.3 percent'', 
and notwithstanding section 436(b)(1), such reserved amounts may be used 
for identifying, establishing, and disseminating practices to meet the 
criteria specified in section 471(e)(4)(C):  Provided further, That the 
reservation in section 437(b)(2) and the limitations in section 437(d) 
shall not apply to funds specified in the second proviso:  Provided 
further, That the minimum grant award for kinship navigator programs in 
the case of States and territories shall be $200,000, and, in the case 
of tribes, shall be $25,000:  Provided further, That section 437(b)(4) 
of such Act shall be applied by substituting ``fiscal year 2019'' for 
``fiscal year 2018''.

                 payments for foster care and permanency

    For carrying out, except as otherwise provided, title IV-E of the 
Social Security Act, $6,035,000,000.
    For carrying out, except as otherwise provided, title IV-E of the 
Social Security Act, for the first quarter of fiscal year 2020, 
$2,800,000,000.
    For carrying out, after May 31 of the current fiscal year, except as 
otherwise provided, section 474 of title IV-E of the Social Security 
Act, for the last 3 months of the current fiscal year for unanticipated 
costs, incurred for the current fiscal year, such sums as may be 
necessary.

                   Administration for Community Living

                 aging and disability services programs

                      (including transfer of funds)

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965 (``OAA''), the RAISE Family Caregivers Act, the 
Supporting Grandparents Raising Grandchildren Act, titles III and XXIX 
of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of 
the Medicare Improvements for Patients and Providers Act of 2008, title 
XX-B of the Social Security Act, the Developmental Disabilities 
Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D of title 
II of the Help America Vote Act of 2002, the Assistive Technology Act of 
1998, titles II and VII (and section 14 with respect to such titles) of 
the Rehabilitation

[[Page 132 STAT. 3086]]

Act of 1973, and for Department-wide coordination of policy and program 
activities that assist individuals with disabilities, $2,120,200,000, 
together with $49,115,000 to be transferred from the Federal Hospital 
Insurance Trust Fund and the Federal Supplementary Medical Insurance 
Trust Fund to carry out section 4360 of the Omnibus Budget 
Reconciliation Act of 1990:  Provided, That amounts appropriated under 
this heading may be used for grants to States under section 361 of the 
OAA only for disease prevention and health promotion programs and 
activities which have been demonstrated through rigorous evaluation to 
be evidence-based and effective:  Provided further, That of amounts made 
available under this heading to carry out sections 311, 331, and 336 of 
the OAA, up to one percent of such amounts shall be available for 
developing and implementing evidence-based practices for enhancing 
senior nutrition:  Provided further, That notwithstanding any other 
provision of this Act, funds made available under this heading to carry 
out section 311 of the OAA may be transferred to the Secretary of 
Agriculture in accordance with such section:  Provided further, That 
$2,000,000 shall be for competitive grants to support alternative 
financing programs that provide for the purchase of assistive technology 
devices, such as a low-interest loan fund; an interest buy-down program; 
a revolving loan fund; a loan guarantee; or an insurance program:  
Provided further, That applicants shall provide an assurance that, and 
information describing the manner in which, the alternative financing 
program will expand and emphasize consumer choice and control:  Provided 
further, That State agencies and community-based disability 
organizations that are directed by and operated for individuals with 
disabilities shall be eligible to compete:  Provided further, That none 
of the funds made available under this heading may be used by an 
eligible system (as defined in section 102 of the Protection and 
Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10802)) to 
continue to pursue any legal action in a Federal or State court on 
behalf of an individual or group of individuals with a developmental 
disability (as defined in section 102(8)(A) of the Developmental 
Disabilities and Assistance and Bill of Rights Act of 2000 (20 U.S.C. 
15002(8)(A)) that is attributable to a mental impairment (or a 
combination of mental and physical impairments), that has as the 
requested remedy the closure of State operated intermediate care 
facilities for people with intellectual or developmental disabilities, 
unless reasonable public notice of the action has been provided to such 
individuals (or, in the case of mental incapacitation, the legal 
guardians who have been specifically awarded authority by the courts to 
make healthcare and residential decisions on behalf of such individuals) 
who are affected by such action, within 90 days of instituting such 
legal action, which informs such individuals (or such legal guardians) 
of their legal rights and how to exercise such rights consistent with 
current Federal Rules of Civil Procedure:  Provided further, That the 
limitations in the immediately preceding proviso shall not apply in the 
case of an individual who is neither competent to consent nor has a 
legal guardian, nor shall the proviso apply in the case of individuals 
who are a ward of the State or subject to public guardianship.

[[Page 132 STAT. 3087]]

                         Office of the Secretary

                     general departmental management

    For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six passenger motor vehicles, 
and for carrying out titles III, XVII, XXI, and section 229 of the PHS 
Act, the United States-Mexico Border Health Commission Act, and research 
studies under section 1110 of the Social Security Act, $480,629,000, 
together with $64,828,000 from the amounts available under section 241 
of the PHS Act to carry out national health or human services research 
and evaluation activities:  Provided, That of this amount, $53,900,000 
shall be for minority AIDS prevention and treatment activities:  
Provided further, That of the funds made available under this heading, 
$101,000,000 shall be for making competitive contracts and grants to 
public and private entities to fund medically accurate and age 
appropriate programs that reduce teen pregnancy and for the Federal 
costs associated with administering and evaluating such contracts and 
grants, of which not more than 10 percent of the available funds shall 
be for training and technical assistance, evaluation, outreach, and 
additional program support activities, and of the remaining amount 75 
percent shall be for replicating programs that have been proven 
effective through rigorous evaluation to reduce teenage pregnancy, 
behavioral risk factors underlying teenage pregnancy, or other 
associated risk factors, and 25 percent shall be available for research 
and demonstration grants to develop, replicate, refine, and test 
additional models and innovative strategies for preventing teenage 
pregnancy:  Provided further, That of the amounts provided under this 
heading from amounts available under section 241 of the PHS Act, 
$6,800,000 shall be available to carry out evaluations (including 
longitudinal evaluations) of teenage pregnancy prevention approaches:  
Provided further, That of the funds made available under this heading, 
$35,000,000 shall be for making competitive grants which exclusively 
implement education in sexual risk avoidance (defined as voluntarily 
refraining from non-marital sexual activity):  Provided further, That 
funding for such competitive grants for sexual risk avoidance shall use 
medically accurate information referenced to peer-reviewed publications 
by educational, scientific, governmental, or health organizations; 
implement an evidence-based approach integrating research findings with 
practical implementation that aligns with the needs and desired outcomes 
for the intended audience; and teach the benefits associated with self-
regulation, success sequencing for poverty prevention, healthy 
relationships, goal setting, and resisting sexual coercion, dating 
violence, and other youth risk behaviors such as underage drinking or 
illicit drug use without normalizing teen sexual activity:  Provided 
further, That no more than 10 percent of the funding for such 
competitive grants for sexual risk avoidance shall be available for 
technical assistance and administrative costs of such programs:  
Provided further, That funds provided in this Act for embryo adoption 
activities may be used to provide to individuals adopting embryos, 
through grants and other mechanisms, medical and administrative services 
deemed necessary for such adoptions:  Provided further, That such 
services shall be provided consistent with 42 CFR 59.5(a)(4).

[[Page 132 STAT. 3088]]

                 office of medicare hearings and appeals

    For expenses necessary for the Office of Medicare Hearings and 
Appeals, $182,381,000 shall remain available until September 30, 2020, 
to be transferred in appropriate part from the Federal Hospital 
Insurance Trust Fund and the Federal Supplementary Medical Insurance 
Trust Fund.

  office of the national coordinator for health information technology

    For expenses necessary for the Office of the National Coordinator 
for Health Information Technology, including grants, contracts, and 
cooperative agreements for the development and advancement of 
interoperable health information technology, $60,367,000.

                       office of inspector general

    For expenses necessary for the Office of Inspector General, 
including the hire of passenger motor vehicles for investigations, in 
carrying out the provisions of the Inspector General Act of 1978, 
$80,000,000:  Provided, That of such amount, necessary sums shall be 
available for providing protective services to the Secretary and 
investigating non-payment of child support cases for which non-payment 
is a Federal offense under 18 U.S.C. 228.

                         office for civil rights

    For expenses necessary for the Office for Civil Rights, $38,798,000.

      retirement pay and medical benefits for commissioned officers

    For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, for payments under the 
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, 
and for medical care of dependents and retired personnel under the 
Dependents' Medical Care Act, such amounts as may be required during the 
current fiscal year.

            public health and social services emergency fund

    For expenses necessary to support activities related to countering 
potential biological, nuclear, radiological, chemical, and cybersecurity 
threats to civilian populations, and for other public health 
emergencies, $1,026,458,000, of which $561,700,000 shall remain 
available through September 30, 2020, for expenses necessary to support 
advanced research and development pursuant to section 319L of the PHS 
Act and other administrative expenses of the Biomedical Advanced 
Research and Development Authority:  Provided, That funds provided under 
this heading for the purpose of acquisition of security countermeasures 
shall be in addition to any other funds available for such purpose:  
Provided further, That products purchased with funds provided under this 
heading may, at the discretion of the Secretary, be deposited in the 
Strategic National Stockpile pursuant to section 319F-2 of the PHS Act:  
Provided further, That $5,000,000 of the amounts made available

[[Page 132 STAT. 3089]]

to support emergency operations shall remain available through September 
30, 2021.
    For expenses necessary for procuring security countermeasures (as 
defined in section 319F-2(c)(1)(B) of the PHS Act), $735,000,000, to 
remain available until expended.
    For an additional amount for expenses necessary to prepare for or 
respond to an influenza pandemic, $260,000,000; of which $225,000,000 
shall be available until expended, for activities including the 
development and purchase of vaccine, antivirals, necessary medical 
supplies, diagnostics, and other surveillance tools:  Provided, That 
notwithstanding section 496(b) of the PHS Act, funds may be used for the 
construction or renovation of privately owned facilities for the 
production of pandemic influenza vaccines and other biologics, if the 
Secretary finds such construction or renovation necessary to secure 
sufficient supplies of such vaccines or biologics.

                           General Provisions

    Sec. 201.  Funds appropriated in this title shall be available for 
not to exceed $50,000 for official reception and representation expenses 
when specifically approved by the Secretary.
    Sec. 202.  None of the funds appropriated in this title shall be 
used to pay the salary of an individual, through a grant or other 
extramural mechanism, at a rate in excess of Executive Level II.
    Sec. 203.  None of the funds appropriated in this Act may be 
expended pursuant to section 241 of the PHS Act, except for funds 
specifically provided for in this Act, or for other taps and assessments 
made by any office located in HHS, prior to the preparation and 
submission of a report by the Secretary to the Committees on 
Appropriations of the House of Representatives and the Senate detailing 
the planned uses of such funds.
    Sec. 204.  Notwithstanding section 241(a) of the PHS Act, such 
portion as the Secretary shall determine, but not more than 2.5 percent, 
of any amounts appropriated for programs authorized under such Act shall 
be made available for the evaluation (directly, or by grants or 
contracts) and the implementation and effectiveness of programs funded 
in this title.

                           (transfer of funds)

    Sec. 205.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985) which are appropriated for the current fiscal year for HHS in this 
Act may be transferred between appropriations, but no such appropriation 
shall be increased by more than 3 percent by any such transfer:  
Provided, That the transfer authority granted by this section shall not 
be used to create any new program or to fund any project or activity for 
which no funds are provided in this Act:  Provided further, That the 
Committees on Appropriations of the House of Representatives and the 
Senate are notified at least 15 days in advance of any transfer.
    Sec. 206.  In lieu of the timeframe specified in section 338E(c)(2) 
of the PHS Act, terminations described in such section may occur up to 
60 days after the execution of a contract awarded in fiscal year 2019 
under section 338B of such Act.

[[Page 132 STAT. 3090]]

    Sec. 207.  None of the funds appropriated in this Act may be made 
available to any entity under title X of the PHS Act unless the 
applicant for the award certifies to the Secretary that it encourages 
family participation in the decision of minors to seek family planning 
services and that it provides counseling to minors on how to resist 
attempts to coerce minors into engaging in sexual activities.
    Sec. 208.  Notwithstanding any other provision of law, no provider 
of services under title X of the PHS Act shall be exempt from any State 
law requiring notification or the reporting of child abuse, child 
molestation, sexual abuse, rape, or incest.
    Sec. 209.  None of the funds appropriated by this Act (including 
funds appropriated to any trust fund) may be used to carry out the 
Medicare Advantage program if the Secretary denies participation in such 
program to an otherwise eligible entity (including a Provider Sponsored 
Organization) because the entity informs the Secretary that it will not 
provide, pay for, provide coverage of, or provide referrals for 
abortions:  Provided, That the Secretary shall make appropriate 
prospective adjustments to the capitation payment to such an entity 
(based on an actuarially sound estimate of the expected costs of 
providing the service to such entity's enrollees):  Provided further, 
That nothing in this section shall be construed to change the Medicare 
program's coverage for such services and a Medicare Advantage 
organization described in this section shall be responsible for 
informing enrollees where to obtain information about all Medicare 
covered services.
    Sec. 210.  None of the funds made available in this title may be 
used, in whole or in part, to advocate or promote gun control.
    Sec. 211.  The Secretary shall make available through assignment not 
more than 60 employees of the Public Health Service to assist in child 
survival activities and to work in AIDS programs through and with funds 
provided by the Agency for International Development, the United Nations 
International Children's Emergency Fund or the World Health 
Organization.
    Sec. 212.  In order for HHS to carry out international health 
activities, including HIV/AIDS and other infectious disease, chronic and 
environmental disease, and other health activities abroad during fiscal 
year 2019:
            (1) The Secretary may exercise authority equivalent to that 
        available to the Secretary of State in section 2(c) of the State 
        Department Basic Authorities Act of 1956. The Secretary shall 
        consult with the Secretary of State and relevant Chief of 
        Mission to ensure that the authority provided in this section is 
        exercised in a manner consistent with section 207 of the Foreign 
        Service Act of 1980 and other applicable statutes administered 
        by the Department of State.
            (2) The Secretary is authorized to provide such funds by 
        advance or reimbursement to the Secretary of State as may be 
        necessary to pay the costs of acquisition, lease, alteration, 
        renovation, and management of facilities outside of the United 
        States for the use of HHS. The Department of State shall 
        cooperate fully with the Secretary to ensure that HHS has 
        secure, safe, functional facilities that comply with applicable 
        regulation governing location, setback, and other facilities 
        requirements and serve the purposes established by this Act. The 
        Secretary is authorized, in consultation with the Secretary of 
        State, through grant or cooperative agreement, to make

[[Page 132 STAT. 3091]]

        available to public or nonprofit private institutions or 
        agencies in participating foreign countries, funds to acquire, 
        lease, alter, or renovate facilities in those countries as 
        necessary to conduct programs of assistance for international 
        health activities, including activities relating to HIV/AIDS and 
        other infectious diseases, chronic and environmental diseases, 
        and other health activities abroad.
            (3) The Secretary is authorized to provide to personnel 
        appointed or assigned by the Secretary to serve abroad, 
        allowances and benefits similar to those provided under chapter 
        9 of title I of the Foreign Service Act of 1980, and 22 U.S.C. 
        4081 through 4086 and subject to such regulations prescribed by 
        the Secretary. The Secretary is further authorized to provide 
        locality-based comparability payments (stated as a percentage) 
        up to the amount of the locality-based comparability payment 
        (stated as a percentage) that would be payable to such personnel 
        under section 5304 of title 5, United States Code if such 
        personnel's official duty station were in the District of 
        Columbia. Leaves of absence for personnel under this subsection 
        shall be on the same basis as that provided under subchapter I 
        of chapter 63 of title 5, United States Code, or section 903 of 
        the Foreign Service Act of 1980, to individuals serving in the 
        Foreign Service.

                           (transfer of funds)

    Sec. 213.  The Director of the NIH, jointly with the Director of the 
Office of AIDS Research, may transfer up to 3 percent among institutes 
and centers from the total amounts identified by these two Directors as 
funding for research pertaining to the human immunodeficiency virus:  
Provided, That the Committees on Appropriations of the House of 
Representatives and the Senate are notified at least 15 days in advance 
of any transfer.

                           (transfer of funds)

    Sec. 214.  Of the amounts made available in this Act for NIH, the 
amount for research related to the human immunodeficiency virus, as 
jointly determined by the Director of NIH and the Director of the Office 
of AIDS Research, shall be made available to the ``Office of AIDS 
Research'' account. The Director of the Office of AIDS Research shall 
transfer from such account amounts necessary to carry out section 
2353(d)(3) of the PHS Act.
    Sec. 215. (a) Authority.--Notwithstanding any other provision of 
law, the Director of NIH (``Director'') may use funds authorized under 
section 402(b)(12) of the PHS Act to enter into transactions (other than 
contracts, cooperative agreements, or grants) to carry out research 
identified pursuant to or research and activities described in such 
section 402(b)(12).
    (b) Peer Review.--In entering into transactions under subsection 
(a), the Director may utilize such peer review procedures (including 
consultation with appropriate scientific experts) as the Director 
determines to be appropriate to obtain assessments of scientific and 
technical merit. Such procedures shall apply to such transactions in 
lieu of the peer review and advisory council review procedures that 
would otherwise be required under sections 301(a)(3), 405(b)(1)(B), 
405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.

[[Page 132 STAT. 3092]]

    Sec. 216.  Not to exceed $45,000,000 of funds appropriated by this 
Act to the institutes and centers of the National Institutes of Health 
may be used for alteration, repair, or improvement of facilities, as 
necessary for the proper and efficient conduct of the activities 
authorized herein, at not to exceed $3,500,000 per project.

                           (transfer of funds)

    Sec. 217.  Of the amounts made available for NIH, 1 percent of the 
amount made available for National Research Service Awards (``NRSA'') 
shall be made available to the Administrator of the Health Resources and 
Services Administration to make NRSA awards for research in primary 
medical care to individuals affiliated with entities who have received 
grants or contracts under sections 736, 739, or 747 of the PHS Act, and 
1 percent of the amount made available for NRSA shall be made available 
to the Director of the Agency for Healthcare Research and Quality to 
make NRSA awards for health service research.
    Sec. 218. (a) The Biomedical Advanced Research and Development 
Authority (``BARDA'') may enter into a contract, for more than one but 
no more than 10 program years, for purchase of research services or of 
security countermeasures, as that term is defined in section 319F-
2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
            (1) funds are available and obligated--
                    (A) for the full period of the contract or for the 
                first fiscal year in which the contract is in effect; 
                and
                    (B) for the estimated costs associated with a 
                necessary termination of the contract; and
            (2) the Secretary determines that a multi-year contract will 
        serve the best interests of the Federal Government by 
        encouraging full and open competition or promoting economy in 
        administration, performance, and operation of BARDA's programs.

    (b) A contract entered into under this section--
            (1) shall include a termination clause as described by 
        subsection (c) of section 3903 of title 41, United States Code; 
        and
            (2) shall be subject to the congressional notice requirement 
        stated in subsection (d) of such section.

    Sec. 219. (a) The Secretary shall publish in the fiscal year 2020 
budget justification and on Departmental Web sites information 
concerning the employment of full-time equivalent Federal employees or 
contractors for the purposes of implementing, administering, enforcing, 
or otherwise carrying out the provisions of the ACA, and the amendments 
made by that Act, in the proposed fiscal year and each fiscal year since 
the enactment of the ACA.
    (b) With respect to employees or contractors supported by all funds 
appropriated for purposes of carrying out the ACA (and the amendments 
made by that Act), the Secretary shall include, at a minimum, the 
following information:
            (1) For each such fiscal year, the section of such Act under 
        which such funds were appropriated, a statement indicating the 
        program, project, or activity receiving such funds, the Federal 
        operating division or office that administers such program, and 
        the amount of funding received in discretionary or mandatory 
        appropriations.

[[Page 132 STAT. 3093]]

            (2) For each such fiscal year, the number of full-time 
        equivalent employees or contracted employees assigned to each 
        authorized and funded provision detailed in accordance with 
        paragraph (1).

    (c) In carrying out this section, the Secretary may exclude from the 
report employees or contractors who--
            (1) are supported through appropriations enacted in laws 
        other than the ACA and work on programs that existed prior to 
        the passage of the ACA;
            (2) spend less than 50 percent of their time on activities 
        funded by or newly authorized in the ACA; or
            (3) work on contracts for which FTE reporting is not a 
        requirement of their contract, such as fixed-price contracts.

    Sec. 220.  The Secretary shall publish, as part of the fiscal year 
2020 budget of the President submitted under section 1105(a) of title 
31, United States Code, information that details the uses of all funds 
used by the Centers for Medicare & Medicaid Services specifically for 
Health Insurance Exchanges for each fiscal year since the enactment of 
the ACA and the proposed uses for such funds for fiscal year 2020. Such 
information shall include, for each such fiscal year, the amount of 
funds used for each activity specified under the heading ``Health 
Insurance Exchange Transparency'' in the joint explanatory statement 
accompanying this Act.
    Sec. 221.  None of the funds made available by this Act from the 
Federal Hospital Insurance Trust Fund or the Federal Supplemental 
Medical Insurance Trust Fund, or transferred from other accounts funded 
by this Act to the ``Centers for Medicare & Medicaid Services--Program 
Management'' account, may be used for payments under section 1342(b)(1) 
of Public Law 111-148 (relating to risk corridors).

                           (transfer of funds)

    Sec. 222. (a) Within 45 days of enactment of this Act, the Secretary 
shall transfer funds appropriated under section 4002 of the ACA to the 
accounts specified, in the amounts specified, and for the activities 
specified under the heading ``Prevention and Public Health Fund'' in the 
joint explanatory statement accompanying this Act.
    (b) Notwithstanding section 4002(c) of the ACA, the Secretary may 
not further transfer these amounts.
    (c) Funds transferred for activities authorized under section 2821 
of the PHS Act shall be made available without reference to section 
2821(b) of such Act.
    Sec. 223.  Effective during the period beginning on November 1, 2015 
and ending January 1, 2021, any provision of law that refers (including 
through cross-reference to another provision of law) to the current 
recommendations of the United States Preventive Services Task Force with 
respect to breast cancer screening, mammography, and prevention shall be 
administered by the Secretary involved as if--
            (1) such reference to such current recommendations were a 
        reference to the recommendations of such Task Force with respect 
        to breast cancer screening, mammography, and prevention last 
        issued before 2009; and

[[Page 132 STAT. 3094]]

            (2) such recommendations last issued before 2009 applied to 
        any screening mammography modality under section 1861(jj) of the 
        Social Security Act (42 U.S.C. 1395x(jj)).

    Sec. 224.  In making Federal financial assistance, the provisions 
relating to indirect costs in part 75 of title 45, Code of Federal 
Regulations, including with respect to the approval of deviations from 
negotiated rates, shall continue to apply to the National Institutes of 
Health to the same extent and in the same manner as such provisions were 
applied in the third quarter of fiscal year 2017. None of the funds 
appropriated in this or prior Acts or otherwise made available to the 
Department of Health and Human Services or to any department or agency 
may be used to develop or implement a modified approach to such 
provisions, or to intentionally or substantially expand the fiscal 
effect of the approval of such deviations from negotiated rates beyond 
the proportional effect of such approvals in such quarter.

                           (transfer of funds)

    Sec. 225.  The NIH Director may transfer funds specifically 
appropriated for opioid addiction, opioid alternatives, pain management, 
and addiction treatment to other Institutes and Centers of the NIH to be 
used for the same purpose 15 days after notifying the Committees on 
Appropriations:  Provided, That the transfer authority provided in the 
previous proviso is in addition to any other transfer authority provided 
by law.
    Sec. 226. (a) The Secretary shall provide to the Committees on 
Appropriations of the House of Representatives and the Senate:
            (1) Detailed monthly enrollment figures from the Exchanges 
        established under the Patient Protection and Affordable Care Act 
        of 2010 pertaining to enrollments during the open enrollment 
        period; and
            (2) Notification of any new or competitive grant awards, 
        including supplements, authorized under section 330 of the 
        Public Health Service Act.

    (b) The Committees on Appropriations of the House and Senate must be 
notified at least 2 business days in advance of any public release of 
enrollment information or the award of such grants.
    Sec. 227.  In addition to the amounts otherwise available for 
``Centers for Medicare & Medicaid Services, Program Management'', the 
Secretary of Health and Human Services may transfer up to $305,000,000 
to such account from the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund to support program 
management activity related to the Medicare Program:  Provided, That 
except for the foregoing purpose, such funds may not be used to support 
any provision of Public Law 111-148 or Public Law 111-152 (or any 
amendment made by either such Public Law) or to supplant any other 
amounts within such account.

                              (rescission)

    Sec. 228.  Of the unobligated balances available in the 
``Nonrecurring Expenses Fund'' established in section 223 of division G 
of Public Law 110-161, $400,000,000 are hereby rescinded.
    Sec. 229.  Not later than the 15th day of each month, the Department 
of Health and Human Services shall provide the Committees on 
Appropriations of the House of Representatives and

[[Page 132 STAT. 3095]]

Senate a report on staffing described in the joint explanatory statement 
accompanying this Act.
    Sec. 230.  Funds appropriated in this Act that are available for 
salaries and expenses of employees of the Department of Health and Human 
Services shall also be available to pay travel and related expenses of 
such an employee or of a member of his or her family, when such employee 
is assigned to duty, in the United States or in a U.S. territory, during 
a period and in a location that are the subject of a determination of a 
public health emergency under section 319 of the Public Health Service 
Act and such travel is necessary to obtain medical care for an illness, 
injury, or medical condition that cannot be adequately addressed in that 
location at that time. For purposes of this section, the term ``U.S. 
territory'' means Guam, the Commonwealth of Puerto Rico, the Northern 
Mariana Islands, the Virgin Islands, American Samoa, or the Trust 
Territory of the Pacific Islands.

                      (including transfer of funds)

    Sec. 231.  There <<NOTE: 42 USC 247d-4a.>>  is established in the 
Treasury a reserve fund to be known as the ``Infectious Diseases Rapid 
Response Reserve Fund'' (the ``Reserve Fund''):  Provided, That of the 
funds provided under the heading ``CDC-Wide Activities and Program 
Support'', $50,000,000, to remain available until expended, shall be 
available to the Director of the CDC for deposit in the Reserve Fund:  
Provided further, That amounts in the Reserve Fund shall be for carrying 
out titles II, III, and XVII of the PHS Act to prevent, prepare for, or 
respond to an infectious disease emergency, including, in connection 
with such activities, to purchase or lease and provide for the insurance 
of passenger motor vehicles for official use in foreign countries:  
Provided further, That amounts in the Reserve Fund may only be provided 
for an infectious disease emergency if the infectious disease emergency 
(1) is declared by the Secretary of Health and Human Services under 
section 319 of the PHS Act to be a public health emergency; or (2) as 
determined by the Secretary, has significant potential to imminently 
occur and potential, on occurrence, to affect national security or the 
health and security of United States citizens, domestically or 
internationally:  Provided further, That amounts in the Reserve Fund may 
be transferred by the Director of the CDC to other accounts of the CDC, 
to accounts of the NIH, or to the Public Health and Social Services 
Emergency Fund, to be merged with such accounts or Fund for the purposes 
provided in this section:  Provided further, That the Committees on 
Appropriations of the House of Representatives and the Senate shall be 
notified in advance of any transfer or obligation made under the 
authority provided in this section, including notification on the 
anticipated uses of such funds by program, project, or activity:  
Provided further, That not later than 15 days after notification of the 
planned use of the Reserve Fund, the Director shall provide a detailed 
spend plan of anticipated uses of funds, including estimated personnel 
and administrative costs, to the Committees on Appropriations of the 
House of Representatives and the Senate:  Provided further, That such 
plans shall be updated and submitted every 90 days thereafter until 
funds have been fully expended which should include the unobligated 
balances in the Reserve Fund and all the actual obligations incurred to 
date:  Provided further, That amounts in the Reserve

[[Page 132 STAT. 3096]]

Fund shall be in addition to amounts otherwise available to the 
Department of Health and Human Services for the purposes provided in 
this section:  Provided further, That the transfer authorities in this 
section are in addition to any transfer authority otherwise available to 
the Department of Health and Human Services:  Provided further, That 
products purchased using amounts in the Reserve Fund may, at the 
discretion of the Secretary of Health and Human Services, be deposited 
in the Strategic National Stockpile under section 319F-2 of the PHS Act: 
 Provided further, That this section shall be in effect as of the date 
of the enactment of this Act through each fiscal year hereafter.
    Sec. 232.  The Department of Health and Human Services may accept 
donations from the private sector, nongovernmental organizations, and 
other groups independent of the Federal Government for the care of 
unaccompanied alien children (as defined in section 462(g)(2) of the 
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in the care of the 
Office of Refugee Resettlement of the Administration for Children and 
Families, including medical goods and services, school supplies, toys, 
clothing, and any other items intended to promote the wellbeing of such 
children.

    Sec. 233.  The Secretary shall submit to the Congress by November 
15, 2018, a plan to promptly facilitate the reunification of children 
separated from their parents and placed in the custody of the Office of 
Refugee Resettlement (``ORR''), including the reunification of children 
with parents who are no longer in the United States:  Provided, That 
such plan shall include possible children of potential class members in 
the class-action lawsuit Ms. L v. ICE, as identified in the Joint Status 
Report filed on September 6, 2018:  Provided further, That such plan 
shall describe the activities the Administration has undertaken to 
locate parents who are no longer in the United States and to reunify 
those parents with their children, including (1) the process for 
tracking children and parents, (2) the process for coordinating 
interagency responsibilities for communication, location, and 
reunification of such parents, and (3) the number of parents that the 
Administration has been unable to contact:  Provided further, That such 
plan shall provide detailed information on how many parents have been 
determined to be ineligible for reunification and the reasons for those 
determinations:  Provided further, That such plan shall identify the 
number of children in ORR custody whose parents were deported that (1) 
have been reunified with their parents, (2) have been released into the 
custody of a family member other than a parent, (3) have been released 
into the custody of a sponsor who is not a family member, and (4) are 
still in ORR custody:  Provided further, That such plan shall provide 
detailed information regarding the procedures the Administration follows 
when child sexual abuse is alleged at facilities operated by ORR 
contractors:  Provided further, That such plan shall include an estimate 
of expenditures in fiscal year 2018 and an estimate of anticipated 
expenditures in fiscal year 2019 related to housing children who were 
separated from their parents at the border as well as activities to 
reunify such children with their parents:  Provided further, That if 
such plan is not submitted by the deadline identified above, the 
Department of Health and Human Services may not, until such a plan has 
been submitted to the Congress, obligate funds from the Fund established 
by section 223 of title II of division G of Public Law 110-161, except 
to obligate

[[Page 132 STAT. 3097]]

funds for projects identified in the joint explanatory statement 
accompanying this Act.
    Sec. 234.  None of the funds made available by this Act may be used 
to prevent a Member of the United States Congress from entering, for the 
purpose of conducting oversight, any facility in the United States, used 
for purposes of maintaining custody of or otherwise housing 
unaccompanied alien children (as defined in section 462(g)(2) of the 
Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))).
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2019''.

TITLE III <<NOTE: Department of Education Appropriations Act, 2019.>> 

                         DEPARTMENT OF EDUCATION

                     Education for the Disadvantaged

    For carrying out title I and subpart 2 of part B of title II of the 
Elementary and Secondary Education Act of 1965 (referred to in this Act 
as ``ESEA'') and section 418A of the Higher Education Act of 1965 
(referred to in this Act as ``HEA''), $16,543,790,000, of which 
$5,625,990,000 shall become available on July 1, 2019, and shall remain 
available through September 30, 2020, and of which $10,841,177,000 shall 
become available on October 1, 2019, and shall remain available through 
September 30, 2020, for academic year 2019-2020:  Provided, That 
$6,459,401,000 shall be for basic grants under section 1124 of the ESEA: 
 Provided further, That up to $5,000,000 of these funds shall be 
available to the Secretary of Education (referred to in this title as 
``Secretary'') on October 1, 2018, to obtain annually updated local 
educational agency-level census poverty data from the Bureau of the 
Census:  Provided further, That $1,362,301,000 shall be for 
concentration grants under section 1124A of the ESEA:  Provided further, 
That $4,019,050,000 shall be for targeted grants under section 1125 of 
the ESEA:  Provided further, That $4,019,050,000 shall be for education 
finance incentive grants under section 1125A of the ESEA:  Provided 
further, That $217,000,000 shall be for carrying out subpart 2 of part B 
of title II:  Provided further, That $44,623,000 shall be for carrying 
out section 418A of the HEA.

                               Impact Aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VII of the ESEA, $1,446,112,000, of 
which $1,301,242,000 shall be for basic support payments under section 
7003(b), $48,316,000 shall be for payments for children with 
disabilities under section 7003(d), $17,406,000, to remain available for 
obligation through September 30, 2020, shall be for construction under 
section 7007(b), $74,313,000 shall be for Federal property payments 
under section 7002, and $4,835,000, to remain available until expended, 
shall be for facilities maintenance under section 7008:  Provided, That 
for purposes of computing the amount of a payment for an eligible local 
educational agency under section 7003(a) for school year 2018-2019, 
children enrolled in a school of such agency that would otherwise be 
eligible for payment under section 7003(a)(1)(B) of such Act, but due to 
the deployment of both parents or legal guardians, or a parent or legal 
guardian

[[Page 132 STAT. 3098]]

having sole custody of such children, or due to the death of a military 
parent or legal guardian while on active duty (so long as such children 
reside on Federal property as described in section 7003(a)(1)(B)), are 
no longer eligible under such section, shall be considered as eligible 
students under such section, provided such students remain in average 
daily attendance at a school in the same local educational agency they 
attended prior to their change in eligibility status.

                       School Improvement Programs

    For carrying out school improvement activities authorized by part B 
of title I, part A of title II, subpart 1 of part A of title IV, part B 
of title IV, part B of title V, and parts B and C of title VI of the 
ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the 
Educational Technical Assistance Act of 2002; the Compact of Free 
Association Amendments Act of 2003; and the Civil Rights Act of 1964, 
$5,246,967,000, of which $3,418,402,000 shall become available on July 
1, 2019, and remain available through September 30, 2020, and of which 
$1,681,441,000 shall become available on October 1, 2019, and shall 
remain available through September 30, 2020, for academic year 2019-
2020:  Provided, That $378,000,000 shall be for part B of title I:  
Provided further, That $1,221,673,000 shall be for part B of title IV:  
Provided further, That $36,397,000 shall be for part B of title VI and 
may be used for construction, renovation, and modernization of any 
elementary school, secondary school, or structure related to an 
elementary school or secondary school, run by the Department of 
Education of the State of Hawaii, that serves a predominantly Native 
Hawaiian student body:  Provided further, That $35,453,000 shall be for 
part C of title VI and shall be awarded on a competitive basis, and also 
may be used for construction:  Provided further, That $52,000,000 shall 
be available to carry out section 203 of the Educational Technical 
Assistance Act of 2002 and the Secretary shall make such arrangements as 
determined to be necessary to ensure that the Bureau of Indian Education 
has access to services provided under this section:  Provided further, 
That $16,699,000 shall be available to carry out the Supplemental 
Education Grants program for the Federated States of Micronesia and the 
Republic of the Marshall Islands:  Provided further, That the Secretary 
may reserve up to 5 percent of the amount referred to in the previous 
proviso to provide technical assistance in the implementation of these 
grants:  Provided further, That $180,840,000 shall be for part B of 
title V:  Provided further, That $1,170,000,000 shall be available for 
grants under subpart 1 of part A of title IV.

                            Indian Education

    For expenses necessary to carry out, to the extent not otherwise 
provided, title VI, part A of the ESEA, $180,239,000, of which 
$67,993,000 shall be for subpart 2 of part A of title VI and $6,865,000 
shall be for subpart 3 of part A of title VI.

                       Innovation and Improvement

    For carrying out activities authorized by subparts 1, 3 and 4 of 
part B of title II, and parts C, D, and E and subparts 1 and 4 of part F 
of title IV of the ESEA, $1,035,556,000:  Provided,

[[Page 132 STAT. 3099]]

That $279,815,000 shall be for subparts 1, 3 and 4 of part B of title II 
and shall be made available without regard to sections 2201, 2231(b) and 
2241:  Provided further, That $625,741,000 shall be for parts C, D, and 
E and subpart 4 of part F of title IV, and shall be made available 
without regard to sections 4311, 4409(a), and 4601 of the ESEA:  
Provided further, That section 4303(d)(3)(A)(i) shall not apply to the 
funds available for part C of title IV:  Provided further, That of the 
funds available for part C of title IV, the Secretary shall use 
$55,000,000 to carry out section 4304, of which not more than 
$10,000,000 shall be available to carry out section 4304(k), 
$135,000,000, to remain available through March 31, 2020, to carry out 
section 4305(b), and not more than $15,000,000 to carry out the 
activities in section 4305(a)(3):  Provided further, That 
notwithstanding section 4601(b), $130,000,000 shall be available through 
December 31, 2019 for subpart 1 of part F of title IV.

                 Safe Schools and Citizenship Education

    For carrying out activities authorized by subparts 2 and 3 of part F 
of title IV of the ESEA, $190,754,000:  Provided, That $95,000,000 shall 
be available for section 4631, of which up to $5,000,000, to remain 
available until expended, shall be for the Project School Emergency 
Response to Violence (Project SERV) program:  Provided further, That 
$17,500,000 shall be available for section 4625:  Provided further, That 
$78,254,000 shall be available through December 31, 2019, for section 
4624.

                      English Language Acquisition

    For carrying out part A of title III of the ESEA, $737,400,000, 
which shall become available on July 1, 2019, and shall remain available 
through September 30, 2020, except that 6.5 percent of such amount shall 
be available on October 1, 2018, and shall remain available through 
September 30, 2020, to carry out activities under section 3111(c)(1)(C).

                            Special Education

    For carrying out the Individuals with Disabilities Education Act 
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004, 
$13,468,728,000, of which $3,942,129,000 shall become available on July 
1, 2019, and shall remain available through September 30, 2020, and of 
which $9,283,383,000 shall become available on October 1, 2019, and 
shall remain available through September 30, 2020, for academic year 
2019-2020:  Provided, That the amount for section 611(b)(2) of the IDEA 
shall be equal to the lesser of the amount available for that activity 
during fiscal year 2018, increased by the amount of inflation as 
specified in section 619(d)(2)(B) of the IDEA, or the percent change in 
the funds appropriated under section 611(i) of the IDEA, but not less 
than the amount for that activity during fiscal year 2018:  Provided 
further, That the Secretary shall, without regard to section 611(d) of 
the IDEA, distribute to all other States (as that term is defined in 
section 611(g)(2)), subject to the third proviso, any amount by which a 
State's allocation under section 611, from funds appropriated under this 
heading, is reduced under section 612(a)(18)(B), according to the 
following: 85 percent on the basis of the States'

[[Page 132 STAT. 3100]]

relative populations of children aged 3 through 21 who are of the same 
age as children with disabilities for whom the State ensures the 
availability of a free appropriate public education under this part, and 
15 percent to States on the basis of the States' relative populations of 
those children who are living in poverty:  Provided further, That the 
Secretary may not distribute any funds under the previous proviso to any 
State whose reduction in allocation from funds appropriated under this 
heading made funds available for such a distribution:  Provided further, 
That the States shall allocate such funds distributed under the second 
proviso to local educational agencies in accordance with section 611(f): 
 Provided further, That <<NOTE: 20 USC 1411 note.>>  the amount by which 
a State's allocation under section 611(d) of the IDEA is reduced under 
section 612(a)(18)(B) and the amounts distributed to States under the 
previous provisos in fiscal year 2012 or any subsequent year shall not 
be considered in calculating the awards under section 611(d) for fiscal 
year 2013 or for any subsequent fiscal years:  Provided further, That, 
notwithstanding the provision in section 612(a)(18)(B) regarding the 
fiscal year in which a State's allocation under section 611(d) is 
reduced for failure to comply with the requirement of section 
612(a)(18)(A), the Secretary may apply the reduction specified in 
section 612(a)(18)(B) over a period of consecutive fiscal years, not to 
exceed five, until the entire reduction is applied: <<NOTE: 20 USC 1411 
note.>>   Provided further, That the Secretary may, in any fiscal year 
in which a State's allocation under section 611 is reduced in accordance 
with section 612(a)(18)(B), reduce the amount a State may reserve under 
section 611(e)(1) by an amount that bears the same relation to the 
maximum amount described in that paragraph as the reduction under 
section 612(a)(18)(B) bears to the total allocation the State would have 
received in that fiscal year under section 611(d) in the absence of the 
reduction:  Provided further, That the Secretary shall either reduce the 
allocation of funds under section 611 for any fiscal year following the 
fiscal year for which the State fails to comply with the requirement of 
section 612(a)(18)(A) as authorized by section 612(a)(18)(B), or seek to 
recover funds under section 452 of the General Education Provisions Act 
(20 U.S.C. 1234a):  Provided further, That the funds reserved under 
611(c) of the IDEA may be used to provide technical assistance to States 
to improve the capacity of the States to meet the data collection 
requirements of sections 616 and 618 and to administer and carry out 
other services and activities to improve data collection, coordination, 
quality, and use under parts B and C of the IDEA:  Provided further, 
That the Secretary may use funds made available for the State Personnel 
Development Grants program under part D, subpart 1 of IDEA to evaluate 
program performance under such subpart.

                         Rehabilitation Services

    For carrying out, to the extent not otherwise provided, the 
Rehabilitation Act of 1973 and the Helen Keller National Center Act, 
$3,657,189,000, of which $3,521,990,000 shall be for grants for 
vocational rehabilitation services under title I of the Rehabilitation 
Act:  Provided, That the Secretary may use amounts provided in this Act 
that remain available subsequent to the reallotment of funds to States 
pursuant to section 110(b) of the Rehabilitation Act for innovative 
activities aimed at improving the outcomes of

[[Page 132 STAT. 3101]]

individuals with disabilities as defined in section 7(20)(B) of the 
Rehabilitation Act, including activities aimed at improving the 
education and post-school outcomes of children receiving Supplemental 
Security Income (``SSI'') and their families that may result in long-
term improvement in the SSI child recipient's economic status and self-
sufficiency:  Provided further, That States may award subgrants for a 
portion of the funds to other public and private, nonprofit entities:  
Provided further, That any funds made available subsequent to 
reallotment for innovative activities aimed at improving the outcomes of 
individuals with disabilities shall remain available until September 30, 
2020.

           Special Institutions for Persons With Disabilities

                  american printing house for the blind

    For carrying out the Act to promote the Education of the Blind of 
March 3, 1879, $30,431,000.

                national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I and 
II of the Education of the Deaf Act of 1986, $77,500,000:  Provided, 
That from the total amount available, the Institute may at its 
discretion use funds for the endowment program as authorized under 
section 207 of such Act.

                          gallaudet university

    For the Kendall Demonstration Elementary School, the Model Secondary 
School for the Deaf, and the partial support of Gallaudet University 
under titles I and II of the Education of the Deaf Act of 1986, 
$134,361,000:  Provided, That from the total amount available, the 
University may at its discretion use funds for the endowment program as 
authorized under section 207 of such Act.

                 Career, Technical, and Adult Education

    For carrying out, to the extent not otherwise provided, the Carl D. 
Perkins Career and Technical Education Act of 2006 and the Adult 
Education and Family Literacy Act (``AEFLA''), $1,925,686,000, of which 
$1,134,686,000 shall become available on July 1, 2019, and shall remain 
available through September 30, 2020, and of which $791,000,000 shall 
become available on October 1, 2019, and shall remain available through 
September 30, 2020:  Provided, That of the amounts made available for 
AEFLA, $13,712,000 shall be for national leadership activities under 
section 242.

                      Student Financial Assistance

    For <<NOTE: 20 USC 1070a note.>>  carrying out subparts 1, 3, and 10 
of part A, and part C of title IV of the HEA, $24,445,352,000, which 
shall remain available through September 30, 2020.

    The maximum Pell Grant for which a student shall be eligible during 
award year 2019-2020 shall be $5,135.

[[Page 132 STAT. 3102]]

                       Student Aid Administration

    For Federal administrative expenses to carry out part D of title I, 
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of 
title IV of the HEA, and subpart 1 of part A of title VII of the Public 
Health Service Act, $1,678,943,000, to remain available through 
September 30, 2020:  Provided, That the Secretary shall allocate new 
student loan borrower accounts to eligible student loan servicers on the 
basis of their performance compared to all loan servicers utilizing 
established common metrics, and on the basis of the capacity of each 
servicer to process new and existing accounts:  Provided further, 
That <<NOTE: 20 USC 1087f note.>>  for student loan contracts awarded 
prior to October 1, 2017, the Secretary shall allow student loan 
borrowers who are consolidating Federal student loans to select from any 
student loan servicer to service their new consolidated student loan:  
Provided further, That in order to promote accountability and high-
quality service to borrowers, the Secretary shall not award funding for 
any contract solicitation for a new Federal student loan servicing 
environment, including the solicitation for the FSA Next Generation 
Processing and Servicing Environment as amended by the Department of 
Education on February 20, 2018, unless such an environment provides for 
the participation of multiple student loan servicers that contract 
directly with the Department of Education to manage a unique portfolio 
of borrower accounts and the full life-cycle of loans from disbursement 
to pay-off with certain limited exceptions, and allocates student loan 
borrower accounts to eligible student loan servicers based on 
performance:  Provided further, That such servicers described in the 
previous proviso shall be evaluated based on their ability to meet 
contract requirements, future performance on the contracts, and history 
of compliance with applicable consumer protections laws:  Provided 
further, That to the extent Federal Student Aid (FSA) permits student 
loan servicing subcontracting, FSA shall hold prime contractors 
accountable for meeting the requirements of the contract, and the 
performance and expectations of subcontractors shall be accounted for in 
the prime contract and in the overall performance of the prime 
contractor:  Provided further, That FSA shall ensure that the Next 
Generation Processing and Servicing Environment contracts incentivize 
more support to borrowers at risk of being distressed:  Provided 
further, That the Secretary shall provide quarterly briefings to the 
Committees on Appropriations and Education and the Workforce of the 
House of Representatives and the Committees on Appropriations and 
Health, Education, Labor, and Pensions of the Senate on general progress 
related to solicitations for Federal student loan servicing contracts.

                            Higher Education

    For carrying out, to the extent not otherwise provided, titles II, 
III, IV, V, VI, and VII of the HEA, the Mutual Educational and Cultural 
Exchange Act of 1961, and section 117 of the Carl D. Perkins Career and 
Technical Education Act of 2006, $2,312,356,000:  Provided, That 
notwithstanding any other provision of law, funds made available in this 
Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual 
Educational and Cultural Exchange Act of 1961 may be used to support 
visits and study in foreign countries by individuals who are 
participating in advanced foreign language training and international 
studies

[[Page 132 STAT. 3103]]

in areas that are vital to United States national security and who plan 
to apply their language skills and knowledge of these countries in the 
fields of government, the professions, or international development:  
Provided further, That of the funds referred to in the preceding proviso 
up to 1 percent may be used for program evaluation, national outreach, 
and information dissemination activities:  Provided further, That up to 
1.5 percent of the funds made available under chapter 2 of subpart 2 of 
part A of title IV of the HEA may be used for evaluation.

                            Howard University

    For partial support of Howard University, $236,518,000, of which not 
less than $3,405,000 shall be for a matching endowment grant pursuant to 
the Howard University Endowment Act and shall remain available until 
expended.

          College Housing and Academic Facilities Loans Program

    For Federal administrative expenses to carry out activities related 
to existing facility loans pursuant to section 121 of the HEA, $435,000.

  Historically Black College and University Capital Financing Program 
                                 Account

    For the cost of guaranteed loans, $20,150,000, as authorized 
pursuant to part D of title III of the HEA, which shall remain available 
through September 30, 2020:  Provided, That such costs, including the 
cost of modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974:  Provided further, That these funds 
are available to subsidize total loan principal, any part of which is to 
be guaranteed, not to exceed $580,000,000:  Provided further, That these 
funds may be used to support loans to public and private Historically 
Black Colleges and Universities without regard to the limitations within 
section 344(a) of the HEA.
    In addition, $20,000,000 shall be made available to provide for the 
deferment of loans made under part D of title III of the HEA to eligible 
institutions that are private Historically Black Colleges and 
Universities, which apply for the deferment of such a loan and 
demonstrate financial need for such deferment by having a score of 2.6 
or less on the Department of Education's financial responsibility test:  
Provided, That during the period of deferment of such a loan, interest 
on the loan will not accrue or be capitalized, and the period of 
deferment shall be for at least a period of 3-fiscal years and not more 
than 6-fiscal years:  Provided further, That funds available under this 
paragraph shall be used to fund eligible deferment requests submitted 
for this purpose in fiscal year 2018:  Provided further, That the 
Secretary shall create and execute an outreach plan to work with States 
and the Capital Financing Advisory Board to improve outreach to States 
and help additional public Historically Black Colleges and Universities 
participate in the program.
    In addition, for administrative expenses to carry out the 
Historically Black College and University Capital Financing Program 
entered into pursuant to part D of title III of the HEA, $334,000.

[[Page 132 STAT. 3104]]

                     Institute of Education Sciences

    For carrying out activities authorized by the Education Sciences 
Reform Act of 2002, the National Assessment of Educational Progress 
Authorization Act, section 208 of the Educational Technical Assistance 
Act of 2002, and section 664 of the Individuals with Disabilities 
Education Act, $615,462,000, which shall remain available through 
September 30, 2020:  Provided, That funds available to carry out section 
208 of the Educational Technical Assistance Act may be used to link 
Statewide elementary and secondary data systems with early childhood, 
postsecondary, and workforce data systems, or to further develop such 
systems:  Provided further, That up to $6,000,000 of the funds available 
to carry out section 208 of the Educational Technical Assistance Act may 
be used for awards to public or private organizations or agencies to 
support activities to improve data coordination, quality, and use at the 
local, State, and national levels.

                         Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of conference 
rooms in the District of Columbia and hire of three passenger motor 
vehicles, $430,000,000:  Provided, That, notwithstanding any other 
provision of law, none of the funds provided by this Act or provided by 
previous Appropriations Acts to the Department of Education available 
for obligation or expenditure in the current fiscal year may be used for 
any activity relating to implementing a reorganization that 
decentralizes, reduces the staffing level, or alters the 
responsibilities, structure, authority, or functionality of the Budget 
Service of the Department of Education, relative to the organization and 
operation of the Budget Service as in effect on January 1, 2018.

                         office for civil rights

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $125,000,000.

                       office of inspector general

    For expenses necessary for the Office of Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, $61,143,000.

                           General Provisions

    Sec. 301.  No funds appropriated in this Act may be used to prevent 
the implementation of programs of voluntary prayer and meditation in the 
public schools.

                           (transfer of funds)

    Sec. 302.  Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control

[[Page 132 STAT. 3105]]

Act of 1985) which are appropriated for the Department of Education in 
this Act may be transferred between appropriations, but no such 
appropriation shall be increased by more than 3 percent by any such 
transfer:  Provided, That the transfer authority granted by this section 
shall not be used to create any new program or to fund any project or 
activity for which no funds are provided in this Act:  Provided further, 
That the Committees on Appropriations of the House of Representatives 
and the Senate are notified at least 15 days in advance of any transfer.
    Sec. 303.  Section <<NOTE: 48 USC 1921d note.>>  105(f)(1)(B)(ix) of 
the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 
1921d(f)(1)(B)(ix)) shall be applied by substituting ``2019'' for 
``2009''.

    Sec. 304.  Funds appropriated in this Act and consolidated for 
evaluation purposes under section 8601(c) of the ESEA shall be available 
from July 1, 2019, through September 30, 2020.
    Sec. 305. (a) An institution of higher education that maintains an 
endowment fund supported with funds appropriated for title III or V of 
the HEA for fiscal year 2019 may use the income from that fund to award 
scholarships to students, subject to the limitation in section 
331(c)(3)(B)(i) of the HEA. The use of such income for such purposes, 
prior to the enactment of this Act, shall be considered to have been an 
allowable use of that income, subject to that limitation.
    (b) Subsection (a) shall be in effect until titles III and V of the 
HEA are reauthorized.
    Sec. 306.  Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is amended 
by striking ``2018'' and inserting ``2019''.
    Sec. 307.  Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is amended 
in paragraph (4) by striking ``2018'' and inserting ``2019''.
    Sec. 308.  Funds appropriated in this Act under the heading 
``Student Aid Administration'' may be available for payments for student 
loan servicing to an institution of higher education that services 
outstanding Federal Perkins Loans under part E of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1087aa et seq.).
    Sec. 309. (a) Section 455(f) of the Higher Education Act of 1965 (20 
U.S.C. 1087e(f)) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Deferment for borrowers receiving cancer treatment.--
                    ``(A) Effect on principal and interest.--A borrower 
                of a loan made under this part who meets the 
                requirements of subparagraph (B) shall be eligible for a 
                deferment, during which periodic installments of 
                principal need not be paid, and interest shall not 
                accrue.
                    ``(B) Eligibility.--A borrower of a loan made under 
                this part shall be eligible for a deferment during--
                          ``(i) any period in which such borrower is 
                      receiving treatment for cancer; and
                          ``(ii) the 6 months after such period.
                    ``(C) Applicability.--This paragraph shall apply 
                with respect to loans--
                          ``(i) made on or after the date of the 
                      enactment of this paragraph; or

[[Page 132 STAT. 3106]]

                          ``(ii) in repayment on the date of the 
                      enactment of this paragraph.''.

    (b) Section 427(a)(2)(C) of the Higher Education Act of 1965 (20 
U.S.C. 1077(a)(2)(C)) is amended--
            (1) in clause (ii), by striking ``; or'' and inserting a 
        semicolon;
            (2) in clause (iii), by inserting ``or'' after the 
        semicolon; and
            (3) by inserting after clause (iii) the following:
                          ``(iv) in which the borrower is receiving 
                      treatment for cancer and the 6 months after such 
                      period.''.

    (c) Section 428(b)(1)(M) of the Higher Education Act of 1965 (20 
U.S.C. 1078(b)(1)(M)) is amended--
            (1) in clause (iii), by striking ``or (II); or'' and 
        inserting a ``or (II);'';
            (2) in clause (iv), by inserting ``or'' after the semicolon; 
        and
            (3) by adding at the end the following:
                          ``(v) during which the borrower is receiving 
                      treatment for cancer and the 6 months after such 
                      period;''.

    (d) Section 464(c)(2) of the Higher Education Act of 1965 (20 U.S.C. 
1087dd(c)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (iv), by striking ``; or'' and 
                inserting a semicolon;
                    (B) in clause (v), by inserting ``or'' after the 
                semicolon; and
                    (C) by inserting after clause (v) the following:
                    ``(vi) during which the borrower is receiving 
                treatment for cancer and the 6 months after such 
                period;''.

    (e) Section 428H(e)(2) of the Higher Education Act of 1965 (20 
U.S.C. 1078-8(e)(2)) is amended--
            (1) in subparagraph (A), by striking ``Interest'' and 
        inserting, ``Except as provided in subparagraph (C), interest''; 
        and
            (2) by adding at the end the following:
            ``(C) Interest shall not accrue on a loan deferred under 
        section 428(b)(1)(M)(v) or 427(a)(2)(C)(iv).''.

    (f) <<NOTE: 20 USC 1077 note.>>  The amendments made by this Act 
shall apply with respect to loans--
            (1) made on or after the date of the enactment of this Act; 
        or
            (2) in repayment on the date of the enactment of this Act.

                              (rescission)

    Sec. 310.  Of the unobligated balances available under the heading 
``Student Financial Assistance'' for carrying out subpart 1 of part A of 
title IV of the HEA, $600,000,000 are hereby rescinded.

                              (rescission)

    Sec. 311.  Section 401(b)(7)(A)(iv)(IX) of the Higher Education Act 
of 1965 (20 U.S.C. 1070a(b)(7)(A)(iv)(IX)) is amended by striking 
``$1,409,000,000'' and inserting ``$1,370,000,000''.
    Sec. 312. (a) An institution of higher education may, with explicit 
written consent of an applicant who has completed a FAFSA

[[Page 132 STAT. 3107]]

under such section 483(a), provide such information collected from the 
applicant's FAFSA as is necessary to a scholarship granting 
organization, including a tribal organization (defined in section 4 of 
the Indian Self-Determination and Education Assistance Act (25 U.S.C. 
5304)), or to an organization assisting the applicant in applying for 
and receiving Federal, State, local, or tribal assistance, that is 
designated by the applicant to assist the applicant in applying for and 
receiving financial assistance for any component of the applicant's cost 
of attendance (defined in section 472 of the HEA) at that institution.
    (b) An organization that receives information pursuant to subsection 
(a) shall not sell or otherwise share such information.
    (c) This section shall be in effect until title IV of the HEA is 
reauthorized.
    Sec. 313.  For an additional amount for ``Department of Education--
Federal Direct Student Loan Program Account'', $350,000,000, to remain 
available until expended, shall be for the cost, as defined under 
section 502 of the Congressional Budget Act of 1974, of the Secretary of 
Education providing loan cancellation in the same manner as under 
section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)), 
for borrowers of loans made under part D of title IV of such Act who 
would qualify for loan cancellation under section 455(m) except some, or 
all, of the 120 required payments under section 455(m)(1)(A) do not 
qualify for purposes of the program because they were monthly payments 
made in accordance with graduated or extended repayment plans as 
described under subparagraph (B) or (C) of section 455(d)(1) or the 
corresponding repayment plan for a consolidation loan made under section 
455(g) and that were less than the amount calculated under section 
455(d)(1)(A), based on a 10-year repayment period:  Provided, That the 
monthly payment made 12 months before the borrower applied for loan 
cancellation as described in the matter preceding this proviso and the 
most recent monthly payment made by the borrower at the time of such 
application were each not less than the monthly amount that would be 
calculated under, and for which the borrower would otherwise qualify 
for, clause (i) or (iv) of section 455(m)(1)(A) regarding income-based 
or income-contingent repayment plans, with exception for a borrower who 
would have otherwise been eligible under this section but demonstrates 
an unusual fluctuation of income over the past 5 years:  Provided 
further, That the total loan volume, including outstanding principal, 
fees, capitalized interest, or accrued interest, at application that is 
eligible for such loan cancellation by such borrowers shall not exceed 
$500,000,000:  Provided further, That the Secretary shall develop and 
make available a simple method for borrowers to apply for loan 
cancellation under this section within 60 days of enactment of this Act: 
 Provided further, That the Secretary shall provide loan cancellation 
under this section to eligible borrowers on a first-come, first-serve 
basis, based on the date of application and subject to both the 
limitation on total loan volume at application for such loan 
cancellation specified in the second proviso and the availability of 
appropriations under this section:  Provided further, That no borrower 
may, for the same service, receive a reduction of loan obligations under 
both this section and section 428J, 428K, 428L, or 460 of such Act.
    Sec. 314.  Of the amounts made available under this title under the 
heading ``Student Aid Administration'', $2,300,000 shall be used

[[Page 132 STAT. 3108]]

by the Secretary of Education to conduct outreach to borrowers of loans 
made under part D of title IV of the Higher Education Act of 1965 who 
may intend to qualify for loan cancellation under section 455(m) of such 
Act (20 U.S.C. 1087e(m)), to ensure that borrowers are meeting the terms 
and conditions of such loan cancellation:  Provided, That the Secretary 
shall specifically conduct outreach to assist borrowers who would 
qualify for loan cancellation under section 455(m) of such Act except 
that the borrower has made some, or all, of the 120 required payments 
under a repayment plan that is not described under section 455(m)(A) of 
such Act, to encourage borrowers to enroll in a qualifying repayment 
plan:  Provided further, That the Secretary shall also communicate to 
all Direct Loan borrowers the full requirements of section 455(m) of 
such Act and improve the filing of employment certification by providing 
improved outreach and information such as outbound calls, electronic 
communications, ensuring prominent access to program requirements and 
benefits on each servicer's website, and creating an option for all 
borrowers to complete the entire payment certification process 
electronically and on a centralized website.
    Sec. 315. (a) <<NOTE: 20 USC 7703 note.>>  For any local educational 
agency that for fiscal year 2018, had an enrollment of eligible 
Federally connected children that was at least 35 percent of the 
agency's total student enrollment and a per-pupil expenditure that was 
less than the average per-pupil expenditure of the State or of all the 
States, and was determined ineligible to receive a payment under section 
7003(b)(2)(A) of the Elementary and Secondary Education Act of 1965 for 
failing to meet the average tax rate requirement for general fund 
purposes in section 7003(b)(2)(B)(i)(V)(bb), and whose calculated 
payment amount under section 7003(b) for the three years following 
fiscal year 2019 is less than 80 percent of the amount received for 
fiscal year 2019, the Secretary shall pay the local educational agency 
for the following three years not less than 90 percent of the total 
amount the local educational agency received under section 7003(b)(2) 
for fiscal year 2017 if such local educational agency--
            (1) previously received a payment under section 
        7003(b)(2)(A) but did not receive a payment under section 
        7003(b)(2)(B)(ii) (or any predecessor of such provision) for 
        each of fiscal years 2015 through 2017; and
            (2) was considered a local educational agency described in 
        section 7003(b)(2)(B)(i)(V) (or any predecessor of such 
        provision) for each such fiscal year.

    (b) For fiscal year 2020 and succeeding fiscal years, if a local 
educational agency described in subsection (a) is eligible to receive a 
basic support payment pursuant to section 7003(b)(2) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)), the payment 
received by the local educational agency shall be calculated under 
section 7003(b)(2) of such Act and not under subsection (a).
    This title may be cited as the ``Department of Education 
Appropriations Act, 2019''.

[[Page 132 STAT. 3109]]

                                TITLE IV

                            RELATED AGENCIES

  Committee for Purchase From People Who Are Blind or Severely Disabled

                          salaries and expenses

    For expenses necessary for the Committee for Purchase From People 
Who Are Blind or Severely Disabled (referred to in this title as ``the 
Committee'') established under section 8502 of title 41, United States 
Code, $8,250,000:  Provided, That in order to authorize any central 
nonprofit agency designated pursuant to section 8503(c) of title 41, 
United States Code, to perform requirements of the Committee as 
prescribed under section 51-3.2 of title 41, Code of Federal 
Regulations, the Committee shall enter into a written agreement with any 
such central nonprofit agency:  Provided further, That such agreement 
shall contain such auditing, oversight, and reporting provisions as 
necessary to implement chapter 85 of title 41, United States Code:  
Provided further, That such agreement shall include the elements listed 
under the heading ``Committee For Purchase From People Who Are Blind or 
Severely Disabled--Written Agreement Elements'' in the explanatory 
statement described in section 4 of Public Law 114-113 (in the matter 
preceding division A of that consolidated Act):  Provided further, That 
any such central nonprofit agency may not charge a fee under section 51-
3.5 of title 41, Code of Federal Regulations, prior to executing a 
written agreement with the Committee:  Provided further, That no less 
than $1,250,000 shall be available for the Office of Inspector General.

             Corporation for National and Community Service

                           operating expenses

    For necessary expenses for the Corporation for National and 
Community Service (referred to in this title as ``CNCS'') to carry out 
the Domestic Volunteer Service Act of 1973 (referred to in this title as 
``1973 Act'') and the National and Community Service Act of 1990 
(referred to in this title as ``1990 Act''), $786,629,000, 
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 
501(a)(4)(F) of the 1990 Act:  Provided, That of the amounts provided 
under this heading: (1) up to 1 percent of program grant funds may be 
used to defray the costs of conducting grant application reviews, 
including the use of outside peer reviewers and electronic management of 
the grants cycle; (2) $17,538,000 shall be available to provide 
assistance to State commissions on national and community service, under 
section 126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B) 
of the 1990 Act; (3) $32,000,000 shall be available to carry out 
subtitle E of the 1990 Act; and (4) $5,400,000 shall be available for 
expenses authorized under section 501(a)(4)(F) of the 1990 Act, which, 
notwithstanding the provisions of section 198P shall be awarded by CNCS 
on a competitive basis:  Provided further, That for the purposes of 
carrying out the 1990 Act, satisfying the requirements in section 
122(c)(1)(D) may include a determination of need by the local community.

[[Page 132 STAT. 3110]]

                  payment to the national service trust

                      (including transfer of funds)

    For payment to the National Service Trust established under subtitle 
D of title I of the 1990 Act, $206,842,000, to remain available until 
expended:  Provided, That CNCS may transfer additional funds from the 
amount provided within ``Operating Expenses'' allocated to grants under 
subtitle C of title I of the 1990 Act to the National Service Trust upon 
determination that such transfer is necessary to support the activities 
of national service participants and after notice is transmitted to the 
Committees on Appropriations of the House of Representatives and the 
Senate:  Provided further, That amounts appropriated for or transferred 
to the National Service Trust may be invested under section 145(b) of 
the 1990 Act without regard to the requirement to apportion funds under 
31 U.S.C. 1513(b).

                          salaries and expenses

    For necessary expenses of administration as provided under section 
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act, 
including payment of salaries, authorized travel, hire of passenger 
motor vehicles, the rental of conference rooms in the District of 
Columbia, the employment of experts and consultants authorized under 5 
U.S.C. 3109, and not to exceed $2,500 for official reception and 
representation expenses, $83,737,000.

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $5,750,000.

                        administrative provisions

    Sec. 401.  CNCS shall make any significant changes to program 
requirements, service delivery or policy only through public notice and 
comment rulemaking. For fiscal year 2019, during any grant selection 
process, an officer or employee of CNCS shall not knowingly disclose any 
covered grant selection information regarding such selection, directly 
or indirectly, to any person other than an officer or employee of CNCS 
that is authorized by CNCS to receive such information.
    Sec. 402.  AmeriCorps <<NOTE: 42 USC 12571 note.>>  programs 
receiving grants under the National Service Trust program shall meet an 
overall minimum share requirement of 24 percent for the first 3 years 
that they receive AmeriCorps funding, and thereafter shall meet the 
overall minimum share requirement as provided in section 2521.60 of 
title 45, Code of Federal Regulations, without regard to the operating 
costs match requirement in section 121(e) or the member support Federal 
share limitations in section 140 of the 1990 Act, and subject to partial 
waiver consistent with section 2521.70 of title 45, Code of Federal 
Regulations.

    Sec. 403.  Donations made to CNCS under section 196 of the 1990 Act 
for the purposes of financing programs and operations under titles I and 
II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990 Act 
shall be used to supplement and not supplant current programs and 
operations.

[[Page 132 STAT. 3111]]

    Sec. 404.  In addition to the requirements in section 146(a) of the 
1990 Act, use of an educational award for the purpose described in 
section 148(a)(4) shall be limited to individuals who are veterans as 
defined under section 101 of the Act.
    Sec. 405.  For the purpose of carrying out section 189D of the 1990 
Act--
            (1) entities described in paragraph (a) of such section 
        shall be considered ``qualified entities'' under section 3 of 
        the National Child Protection Act of 1993 (``NCPA'');
            (2) individuals described in such section shall be 
        considered ``volunteers'' under section 3 of NCPA; and
            (3) State Commissions on National and Community Service 
        established pursuant to section 178 of the 1990 Act, are 
        authorized to receive criminal history record information, 
        consistent with Public Law 92-544.

    Sec. 406.  Notwithstanding sections 139(b), 146 and 147 of the 1990 
Act, an individual who successfully completes a term of service of not 
less than 1,200 hours during a period of not more than one year may 
receive a national service education award having a value of 70 percent 
of the value of a national service education award determined under 
section 147(a) of the Act.

                   Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting (``CPB''), as 
authorized by the Communications Act of 1934, an amount which shall be 
available within limitations specified by that Act, for the fiscal year 
2021, $445,000,000:  Provided, That none of the funds made available to 
CPB by this Act shall be used to pay for receptions, parties, or similar 
forms of entertainment for Government officials or employees:  Provided 
further, That none of the funds made available to CPB by this Act shall 
be available or used to aid or support any program or activity from 
which any person is excluded, or is denied benefits, or is discriminated 
against, on the basis of race, color, national origin, religion, or sex: 
 Provided further, That none of the funds made available to CPB by this 
Act shall be used to apply any political test or qualification in 
selecting, appointing, promoting, or taking any other personnel action 
with respect to officers, agents, and employees of CPB:  Provided 
further, That none of the funds made available to CPB by this Act shall 
be used to support the Television Future Fund or any similar purpose.
    In addition, for the costs associated with replacing and upgrading 
the public broadcasting interconnection system and other technologies 
and services that create infrastructure and efficiencies within the 
public media system, $20,000,000.

               Federal Mediation and Conciliation Service

                          salaries and expenses

    For expenses necessary for the Federal Mediation and Conciliation 
Service (``Service'') to carry out the functions vested in it by the 
Labor-Management Relations Act, 1947, including hire of passenger motor 
vehicles; for expenses necessary for the Labor-Management Cooperation 
Act of 1978; and for expenses necessary for the Service to carry out the 
functions vested in it by the Civil Service Reform Act, $46,650,000, 
including up to $900,000

[[Page 132 STAT. 3112]]

to remain available through September 30, 2020, for activities 
authorized by the Labor-Management Cooperation Act of 1978:  Provided, 
That notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost 
recovery, for special training activities and other conflict resolution 
services and technical assistance, including those provided to foreign 
governments and international organizations, and for arbitration 
services shall be credited to and merged with this account, and shall 
remain available until expended:  Provided further, That fees for 
arbitration services shall be available only for education, training, 
and professional development of the agency workforce:  Provided further, 
That the Director of the Service is authorized to accept and use on 
behalf of the United States gifts of services and real, personal, or 
other property in the aid of any projects or functions within the 
Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                          salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health Review 
Commission, $17,184,000.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

    For carrying out the Museum and Library Services Act of 1996 and the 
National Museum of African American History and Culture Act, 
$242,000,000.

             Medicaid and CHIP Payment and Access Commission

                          salaries and expenses

    For expenses necessary to carry out section 1900 of the Social 
Security Act, $8,480,000.

                  Medicare Payment Advisory Commission

                          salaries and expenses

    For expenses necessary to carry out section 1805 of the Social 
Security Act, $12,545,000, to be transferred to this appropriation from 
the Federal Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund.

                     National Council on Disability

                          salaries and expenses

    For expenses necessary for the National Council on Disability as 
authorized by title IV of the Rehabilitation Act of 1973, $3,250,000.

[[Page 132 STAT. 3113]]

                     National Labor Relations Board

                          salaries and expenses

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, and other laws, $274,224,000:  Provided, That no part of this 
appropriation shall be available to organize or assist in organizing 
agricultural laborers or used in connection with investigations, 
hearings, directives, or orders concerning bargaining units composed of 
agricultural laborers as referred to in section 2(3) of the Act of July 
5, 1935, and as amended by the Labor-Management Relations Act, 1947, and 
as defined in section 3(f) of the Act of June 25, 1938, and including in 
said definition employees engaged in the maintenance and operation of 
ditches, canals, reservoirs, and waterways when maintained or operated 
on a mutual, nonprofit basis and at least 95 percent of the water stored 
or supplied thereby is used for farming purposes.

                        administrative provisions

    Sec. 407.  None of the funds provided by this Act or previous Acts 
making appropriations for the National Labor Relations Board may be used 
to issue any new administrative directive or regulation that would 
provide employees any means of voting through any electronic means in an 
election to determine a representative for the purposes of collective 
bargaining.

                        National Mediation Board

                          salaries and expenses

    For expenses necessary to carry out the provisions of the Railway 
Labor Act, including emergency boards appointed by the President, 
$13,800,000.

            Occupational Safety and Health Review Commission

                          salaries and expenses

    For expenses necessary for the Occupational Safety and Health Review 
Commission, $13,225,000.

                        Railroad Retirement Board

                     dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under 
section 15(d) of the Railroad Retirement Act of 1974, $19,000,000, which 
shall include amounts becoming available in fiscal year 2019 pursuant to 
section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount, 
not to exceed 2 percent of the amount provided herein, shall be 
available proportional to the amount by which the product of recipients 
and the average benefit received exceeds the amount available for 
payment of vested dual benefits:  Provided, That the total amount 
provided herein shall be credited in 12 approximately equal amounts on 
the first day of each month in the fiscal year.

[[Page 132 STAT. 3114]]

          federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for the 
payment of benefits under the Railroad Retirement Act for interest 
earned on unnegotiated checks, $150,000, to remain available through 
September 30, 2020, which shall be the maximum amount available for 
payment pursuant to section 417 of Public Law 98-76.

                      limitation on administration

    For necessary expenses for the Railroad Retirement Board (``Board'') 
for administration of the Railroad Retirement Act and the Railroad 
Unemployment Insurance Act, $123,500,000, to be derived in such amounts 
as determined by the Board from the railroad retirement accounts and 
from moneys credited to the railroad unemployment insurance 
administration fund:  Provided, That notwithstanding section 7(b)(9) of 
the Railroad Retirement Act this limitation may be used to hire 
attorneys only through the excepted service:  Provided further, That the 
previous proviso shall not change the status under Federal employment 
laws of any attorney hired by the Railroad Retirement Board prior to 
January 1, 2013:  Provided further, That $10,000,000, to remain 
available until expended, shall be used to supplement, not supplant, 
existing resources devoted to operations and improvements for the 
Board's Information Technology Investment Initiatives.

              limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, not more than $11,000,000, to be derived 
from the railroad retirement accounts and railroad unemployment 
insurance account.

                     Social Security Administration

                 payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance Trust 
Fund and the Federal Disability Insurance Trust Fund, as provided under 
sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$41,366,203,000, to remain available until expended:  Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury:  Provided further, That not more than $101,000,000 shall be 
available for research and demonstrations under sections 1110, 1115, and 
1144 of the Social Security Act, and remain available through September 
30, 2021.

[[Page 132 STAT. 3115]]

    For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security Act, for 
unanticipated costs incurred for the current fiscal year, such sums as 
may be necessary.
    For making benefit payments under title XVI of the Social Security 
Act for the first quarter of fiscal year 2020, $19,700,000,000, to 
remain available until expended.

                  limitation on administrative expenses

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $20,000 for official reception and 
representation expenses, not more than $12,741,945,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act, from any 
one or all of the trust funds referred to in such section:  Provided, 
That not less than $2,400,000 shall be for the Social Security Advisory 
Board:  Provided further, That $45,000,000 shall remain available until 
expended for information technology modernization, including related 
hardware and software infrastructure and equipment, and for 
administrative expenses directly associated with information technology 
modernization:  Provided further, That $100,000,000 shall remain 
available through September 30, 2020, for activities to address the 
disability hearings backlog within the Office of Hearings Operations:  
Provided further, That unobligated balances of funds provided under this 
paragraph at the end of fiscal year 2019 not needed for fiscal year 2019 
shall remain available until expended to invest in the Social Security 
Administration information technology and telecommunications hardware 
and software infrastructure, including related equipment and non-payroll 
administrative expenses associated solely with this information 
technology and telecommunications infrastructure:  Provided further, 
That the Commissioner of Social Security shall notify the Committees on 
Appropriations of the House of Representatives and the Senate prior to 
making unobligated balances available under the authority in the 
previous proviso:  Provided further, That reimbursement to the trust 
funds under this heading for expenditures for official time for 
employees of the Social Security Administration pursuant to 5 U.S.C. 
7131, and for facilities or support services for labor organizations 
pursuant to policies, regulations, or procedures referred to in section 
7135(b) of such title shall be made by the Secretary of the Treasury, 
with interest, from amounts in the general fund not otherwise 
appropriated, as soon as possible after such expenditures are made.
    Of the total amount made available in the first paragraph under this 
heading, not more than $1,683,000,000, to remain available through March 
31, 2020, is for the costs associated with continuing disability reviews 
under titles II and XVI of the Social Security Act, including work-
related continuing disability reviews to determine whether earnings 
derived from services demonstrate an individual's ability to engage in 
substantial gainful activity, for the cost associated with conducting 
redeterminations of eligibility under title XVI of the Social Security 
Act, for the cost of co-operative disability investigation units, and 
for the cost associated with the prosecution of fraud in the programs 
and operations of the Social Security Administration by Special 
Assistant United States Attorneys:  Provided, That, of such amount, 
$273,000,000 is provided to meet the terms of section 
251(b)(2)(B)(ii)(III) of the

[[Page 132 STAT. 3116]]

Balanced Budget and Emergency Deficit Control Act of 1985, as amended, 
and $1,410,000,000 is additional new budget authority specified for 
purposes of section 251(b)(2)(B) of such Act:  Provided further, That, 
of the additional new budget authority described in the preceding 
proviso, up to $10,000,000 may be transferred to the ``Office of 
Inspector General'', Social Security Administration, for the cost of 
jointly operated co-operative disability investigation units:  Provided 
further, That such transfer authority is in addition to any other 
transfer authority provided by law:  Provided further, That the 
Commissioner shall provide to the Congress (at the conclusion of the 
fiscal year) a report on the obligation and expenditure of these funds, 
similar to the reports that were required by section 103(d)(2) of Public 
Law 104-121 for fiscal years 1996 through 2002.
    In addition, $134,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended. To the extent that 
the amounts collected pursuant to such sections in fiscal year 2019 
exceed $134,000,000, the amounts shall be available in fiscal year 2020 
only to the extent provided in advance in appropriations Acts.
    In addition, up to $1,000,000 to be derived from fees collected 
pursuant to section 303(c) of the Social Security Protection Act, which 
shall remain available until expended.

                       office of inspector general

                      (including transfer of funds)

    For expenses necessary for the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$30,000,000, together with not to exceed $75,500,000, to be transferred 
and expended as authorized by section 201(g)(1) of the Social Security 
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the 
Federal Disability Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total provided 
in this appropriation may be transferred from the ``Limitation on 
Administrative Expenses'', Social Security Administration, to be merged 
with this account, to be available for the time and purposes for which 
this account is available:  Provided, That notice of such transfers 
shall be transmitted promptly to the Committees on Appropriations of the 
House of Representatives and the Senate at least 15 days in advance of 
any transfer.

                                 TITLE V

                           GENERAL PROVISIONS

                           (transfer of funds)

    Sec. 501.  The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act. Such transferred balances shall be used for the 
same purpose, and for the same periods of time, for which they were 
originally appropriated.

[[Page 132 STAT. 3117]]

    Sec. 502.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. (a) No part of any appropriation contained in this Act or 
transferred pursuant to section 4002 of Public Law 111-148 shall be 
used, other than for normal and recognized executive-legislative 
relationships, for publicity or propaganda purposes, for the 
preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, electronic communication, radio, television, or video 
presentation designed to support or defeat the enactment of legislation 
before the Congress or any State or local legislature or legislative 
body, except in presentation to the Congress or any State or local 
legislature itself, or designed to support or defeat any proposed or 
pending regulation, administrative action, or order issued by the 
executive branch of any State or local government, except in 
presentation to the executive branch of any State or local government 
itself.
    (b) No part of any appropriation contained in this Act or 
transferred pursuant to section 4002 of Public Law 111-148 shall be used 
to pay the salary or expenses of any grant or contract recipient, or 
agent acting for such recipient, related to any activity designed to 
influence the enactment of legislation, appropriations, regulation, 
administrative action, or Executive order proposed or pending before the 
Congress or any State government, State legislature or local legislature 
or legislative body, other than for normal and recognized executive-
legislative relationships or participation by an agency or officer of a 
State, local or tribal government in policymaking and administrative 
processes within the executive branch of that government.
    (c) The prohibitions in subsections (a) and (b) shall include any 
activity to advocate or promote any proposed, pending or future Federal, 
State or local tax increase, or any proposed, pending, or future 
requirement or restriction on any legal consumer product, including its 
sale or marketing, including but not limited to the advocacy or 
promotion of gun control.
    Sec. 504.  The Secretaries of Labor and Education are authorized to 
make available not to exceed $28,000 and $20,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is authorized 
to make available for official reception and representation expenses not 
to exceed $5,000 from the funds available for ``Federal Mediation and 
Conciliation Service, Salaries and Expenses''; and the Chairman of the 
National Mediation Board is authorized to make available for official 
reception and representation expenses not to exceed $5,000 from funds 
available for ``National Mediation Board, Salaries and Expenses''.
    Sec. 505.  When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state--
            (1) the percentage of the total costs of the program or 
        project which will be financed with Federal money;
            (2) the dollar amount of Federal funds for the project or 
        program; and

[[Page 132 STAT. 3118]]

            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.

    Sec. 506. (a) None of the funds appropriated in this Act, and none 
of the funds in any trust fund to which funds are appropriated in this 
Act, shall be expended for any abortion.
    (b) None of the funds appropriated in this Act, and none of the 
funds in any trust fund to which funds are appropriated in this Act, 
shall be expended for health benefits coverage that includes coverage of 
abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 507. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.

    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) None of the funds made available in this Act may be made 
available to a Federal agency or program, or to a State or local 
government, if such agency, program, or government subjects any 
institutional or individual health care entity to discrimination on the 
basis that the health care entity does not provide, pay for, provide 
coverage of, or refer for abortions.
    (2) In this subsection, the term ``health care entity'' includes an 
individual physician or other health care professional, a hospital, a 
provider-sponsored organization, a health maintenance organization, a 
health insurance plan, or any other kind of health care facility, 
organization, or plan.
    Sec. 508. (a) None of the funds made available in this Act may be 
used for--
            (1) the creation of a human embryo or embryos for research 
        purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.204(b) and section 498(b) of the Public 
        Health Service Act (42 U.S.C. 289g(b)).

    (b) For purposes of this section, the term ``human embryo or 
embryos'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or

[[Page 132 STAT. 3119]]

any other means from one or more human gametes or human diploid cells.
    Sec. 509. (a) None of the funds made available in this Act may be 
used for any activity that promotes the legalization of any drug or 
other substance included in schedule I of the schedules of controlled 
substances established under section 202 of the Controlled Substances 
Act except for normal and recognized executive-congressional 
communications.
    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that federally sponsored clinical trials 
are being conducted to determine therapeutic advantage.
    Sec. 510.  None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of the 
Social Security Act providing for, or providing for the assignment of, a 
unique health identifier for an individual (except in an individual's 
capacity as an employer or a health care provider), until legislation is 
enacted specifically approving the standard.
    Sec. 511.  None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
if--
            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in 38 U.S.C. 4212(d) 
        regarding submission of an annual report to the Secretary of 
        Labor concerning employment of certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such requirement 
        was applicable to such entity.

    Sec. 512.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 513.  None of the funds made available by this Act to carry out 
the Library Services and Technology Act may be made available to any 
library covered by paragraph (1) of section 224(f) of such Act, as 
amended by the Children's Internet Protection Act, unless such library 
has made the certifications required by paragraph (4) of such section.
    Sec. 514. (a) None of the funds provided under this Act, or provided 
under previous appropriations Acts to the agencies funded by this Act 
that remain available for obligation or expenditure in fiscal year 2019, 
or provided from any accounts in the Treasury of the United States 
derived by the collection of fees available to the agencies funded by 
this Act, shall be available for obligation or expenditure through a 
reprogramming of funds that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes or renames offices;
            (6) reorganizes programs or activities; or

[[Page 132 STAT. 3120]]

            (7) contracts out or privatizes any functions or activities 
        presently performed by Federal employees;

unless the Committees on Appropriations of the House of Representatives 
and the Senate are consulted 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier, and are notified in writing 10 days in advance of such 
reprogramming.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2019, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a reprogramming 
of funds in excess of $500,000 or 10 percent, whichever is less, that--
            (1) augments existing programs, projects (including 
        construction projects), or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress;

unless the Committees on Appropriations of the House of Representatives 
and the Senate are consulted 15 days in advance of such reprogramming or 
of an announcement of intent relating to such reprogramming, whichever 
occurs earlier, and are notified in writing 10 days in advance of such 
reprogramming.
    Sec. 515. (a) None of the funds made available in this Act may be 
used to request that a candidate for appointment to a Federal scientific 
advisory committee disclose the political affiliation or voting history 
of the candidate or the position that the candidate holds with respect 
to political issues not directly related to and necessary for the work 
of the committee involved.
    (b) None of the funds made available in this Act may be used to 
disseminate information that is deliberately false or misleading.
    Sec. 516.  Within 45 days of enactment of this Act, each department 
and related agency funded through this Act shall submit an operating 
plan that details at the program, project, and activity level any 
funding allocations for fiscal year 2019 that are different than those 
specified in this Act, the accompanying detailed table in the joint 
explanatory statement accompanying this Act or the fiscal year 2019 
budget request.
    Sec. 517.  The Secretaries of Labor, Health and Human Services, and 
Education shall each prepare and submit to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
on the number and amount of contracts, grants, and cooperative 
agreements exceeding $500,000 in value and awarded by the Department on 
a non-competitive basis during each quarter of fiscal year 2019, but not 
to include grants awarded on a formula basis or directed by law. Such 
report shall include the name of the contractor or grantee, the amount 
of funding, the governmental purpose, including a justification for 
issuing the award on a non-competitive basis. Such report shall be 
transmitted to the Committees within 30 days after the end of the 
quarter for which the report is submitted.

[[Page 132 STAT. 3121]]

    Sec. 518.  None of the funds appropriated in this Act shall be 
expended or obligated by the Commissioner of Social Security, for 
purposes of administering Social Security benefit payments under title 
II of the Social Security Act, to process any claim for credit for a 
quarter of coverage based on work performed under a social security 
account number that is not the claimant's number and the performance of 
such work under such number has formed the basis for a conviction of the 
claimant of a violation of section 208(a)(6) or (7) of the Social 
Security Act.
    Sec. 519.  None of the funds appropriated by this Act may be used by 
the Commissioner of Social Security or the Social Security 
Administration to pay the compensation of employees of the Social 
Security Administration to administer Social Security benefit payments, 
under any agreement between the United States and Mexico establishing 
totalization arrangements between the social security system established 
by title II of the Social Security Act and the social security system of 
Mexico, which would not otherwise be payable but for such agreement.
    Sec. 520. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities.
    Sec. 521.  None of the funds made available under this or any other 
Act, or any prior Appropriations Act, may be provided to the Association 
of Community Organizations for Reform Now (ACORN), or any of its 
affiliates, subsidiaries, allied organizations, or successors.
    Sec. 522.  For purposes of carrying out Executive Order 13589, 
Office of Management and Budget Memorandum M-12-12 dated May 11, 2012, 
and requirements contained in the annual appropriations bills relating 
to conference attendance and expenditures:
            (1) the operating divisions of HHS shall be considered 
        independent agencies; and
            (2) attendance at and support for scientific conferences 
        shall be tabulated separately from and not included in agency 
        totals.

    Sec. 523.  Federal agencies funded under this Act shall clearly 
state within the text, audio, or video used for advertising or 
educational purposes, including emails or Internet postings, that the 
communication is printed, published, or produced and disseminated at 
U.S. taxpayer expense. The funds used by a Federal agency to carry out 
this requirement shall be derived from amounts made available to the 
agency for advertising or other communications regarding the programs 
and activities of the agency.
    Sec. 524. (a) Federal agencies may use Federal discretionary funds 
that are made available in this Act to carry out up to 10 Performance 
Partnership Pilots. Such Pilots shall be governed by the provisions of 
section 526 of division H of Public Law 113-76, except that in carrying 
out such Pilots section 526 shall be applied by substituting ``Fiscal 
Year 2019'' for ``Fiscal Year 2014'' in the title of subsection (b) and 
by substituting ``September 30, 2023'' for ``September 30, 2018'' each 
place it appears:  Provided,

[[Page 132 STAT. 3122]]

That such pilots shall include communities that have experienced civil 
unrest.
    (b) In addition, Federal agencies may use Federal discretionary 
funds that are made available in this Act to participate in Performance 
Partnership Pilots that are being carried out pursuant to the authority 
provided by section 526 of division H of Public Law 113-76, section 524 
of division G of Public Law 113-235, section 525 of division H of Public 
Law 114-113, section 525 of division H of Public Law 115-31, and section 
525 of division H of Public Law 115-141.
    (c) Pilot sites selected under authorities in this Act and prior 
appropriations Acts may be granted by relevant agencies up to an 
additional 5 years to operate under such authorities.
    Sec. 525.  Not <<NOTE: 31 USC 1502 note.>>  later than 30 days after 
the end of each calendar quarter, beginning with the first month of 
fiscal year 2019, the Departments of Labor, Health and Human Services 
and Education and the Social Security Administration shall provide the 
Committees on Appropriations of the House of Representatives and Senate 
a report on the status of balances of appropriations:  Provided, That 
for balances that are unobligated and uncommitted, committed, and 
obligated but unexpended, the monthly reports shall separately identify 
the amounts attributable to each source year of appropriation (beginning 
with fiscal year 2012, or, to the extent feasible, earlier fiscal years) 
from which balances were derived.

                              (rescission)

    Sec. 526.  Of the unobligated balances available in the ``National 
Service Trust'' established in section 102 of the National and Community 
Service Trust Act of 1993, $150,000,000 are hereby rescinded.

                              (rescission)

    Sec. 527.  Of any available amounts appropriated under section 
2104(a)(22) of the Social Security Act (42 U.S.C. 1397dd) that are 
unobligated as of September 25, 2019, $2,061,000,000 are hereby 
rescinded as of such date.
    Sec. 528.  Amounts deposited in the Child Enrollment Contingency 
Fund prior to the beginning of fiscal year 2019 under section 2104(n)(2) 
of the Social Security Act and the income derived from investment of 
those funds pursuant to section 2104(n)(2)(C) of that Act, shall not be 
available for obligation in this fiscal year.
    Sec. 529.  Notwithstanding any other provision of this Act, no funds 
appropriated in this Act shall be used to purchase sterile needles or 
syringes for the hypodermic injection of any illegal drug:  Provided, 
That such limitation does not apply to the use of funds for elements of 
a program other than making such purchases if the relevant State or 
local health department, in consultation with the Centers for Disease 
Control and Prevention, determines that the State or local jurisdiction, 
as applicable, is experiencing, or is at risk for, a significant 
increase in hepatitis infections or an HIV outbreak due to injection 
drug use, and such program is operating in accordance with State and 
local law.
    This division may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2019''.

[[Page 132 STAT. 3123]]

 DIVISION C--CONTINUING <<NOTE: Continuing Appropriations Act, 2019.>>  
APPROPRIATIONS ACT, 2019

     The following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, and out of applicable corporate or 
other revenues, receipts, and funds, for the several departments, 
agencies, corporations, and other organizational units of Government for 
fiscal year 2019, and for other purposes, namely:
    Sec. 101.  Such amounts as may be necessary, at a rate for 
operations as provided in the applicable appropriations Acts for fiscal 
year 2018 and under the authority and conditions provided in such Acts, 
for continuing projects or activities (including the costs of direct 
loans and loan guarantees) that are not otherwise specifically provided 
for in this Act, that were conducted in fiscal year 2018, and for which 
appropriations, funds, or other authority were made available in the 
following appropriations Acts:
            (1) The Agriculture, Rural Development, Food and Drug 
        Administration, and Related Agencies Appropriations Act, 2018 
        (division A of Public Law 115-141), except section 783.
            (2) The Commerce, Justice, Science, and Related Agencies 
        Appropriations Act, 2018 (division B of Public Law 115-141).
            (3) The Energy and Water Development and Related Agencies 
        Appropriations Act, 2018 (division D of Public Law 115-141).
            (4) The Financial Services and General Government 
        Appropriations Act, 2018 (division E of Public Law 115-141).
            (5) The Department of Homeland Security Appropriations Act, 
        2018 (division F of Public Law 115-141) and title II of division 
        M of Public Law 115-141.
            (6) The Department of the Interior, Environment, and Related 
        Agencies Appropriations Act, 2018 (division G of Public Law 115-
        141), except section 114, except for appropriations in the 
        matter preceding the first proviso under the heading ``Dwight D. 
        Eisenhower Memorial Commission--Capital Construction'', and 
        except that the language in section 118 shall be applied as if 
        the language read as follows: ``Section 6906 of title 31, United 
        States Code, shall continue in effect for this fiscal year''.
            (7) The Legislative Branch Appropriations Act, 2018 
        (division I of Public Law 115-141) and section 7(a) of Public 
        Law 115-141.
            (8) The Military Construction, Veterans Affairs, and Related 
        Agencies Appropriations Act, 2018 (division J of Public Law 115-
        141), except section 243.
            (9) The Department of State, Foreign Operations, and Related 
        Programs Appropriations Act, 2018 (division K of Public Law 115-
        141).
            (10) The Transportation, Housing and Urban Development, and 
        Related Agencies Appropriations Act, 2018 (division L of Public 
        Law 115-141).

    Sec. 102.  Appropriations made by section 101 shall be available to 
the extent and in the manner that would be provided by the pertinent 
appropriations Act.
    Sec. 103.  No appropriation or funds made available or authority 
granted pursuant to section 101 shall be used to initiate or resume any 
project or activity for which appropriations, funds, or other authority 
were not available during fiscal year 2018.

[[Page 132 STAT. 3124]]

    Sec. 104.  Appropriations made and authority granted pursuant to 
this Act shall cover all obligations or expenditures incurred for any 
project or activity during the period for which funds or authority for 
such project or activity are available under this Act.
    Sec. 105.  Unless otherwise provided for in this Act or in the 
applicable appropriations Act for fiscal year 2019, appropriations and 
funds made available and authority granted pursuant to this Act shall be 
available until whichever of the following first occurs:
            (1) the enactment into law of an appropriation for any 
        project or activity provided for in this Act;
            (2) the enactment into law of the applicable appropriations 
        Act for fiscal year 2019 without any provision for such project 
        or activity; or
            (3) December 7, 2018.

    Sec. 106.  Expenditures made pursuant to this Act shall be charged 
to the applicable appropriation, fund, or authorization whenever a bill 
in which such applicable appropriation, fund, or authorization is 
contained is enacted into law.
    Sec. 107.  Appropriations made and funds made available by or 
authority granted pursuant to this Act may be used without regard to the 
time limitations for submission and approval of apportionments set forth 
in section 1513 of title 31, United States Code, but nothing in this Act 
may be construed to waive any other provision of law governing the 
apportionment of funds.
    Sec. 108.  Notwithstanding any other provision of this Act, except 
section 105, for those programs that would otherwise have high initial 
rates of operation or complete distribution of appropriations at the 
beginning of fiscal year 2019 because of distributions of funding to 
States, foreign countries, grantees, or others, such high initial rates 
of operation or complete distribution shall not be made, and no grants 
shall be awarded for such programs funded by this Act that would impinge 
on final funding prerogatives.
    Sec. 109.  This Act shall be implemented so that only the most 
limited funding action of that permitted in the Act shall be taken in 
order to provide for continuation of projects and activities.
    Sec. 110. (a) For entitlements and other mandatory payments whose 
budget authority was provided in appropriations Acts for fiscal year 
2018, and for activities under the Food and Nutrition Act of 2008, 
activities shall be continued at the rate to maintain program levels 
under current law, under the authority and conditions provided in the 
applicable appropriations Act for fiscal year 2018, to be continued 
through the date specified in section 105(3).
    (b) Notwithstanding section 105, obligations for mandatory payments 
due on or about the first day of any month that begins after October 
2018 but not later than 30 days after the date specified in section 
105(3) may continue to be made, and funds shall be available for such 
payments.
    Sec. 111.  Amounts made available under section 101 for civilian 
personnel compensation and benefits in each department and agency may be 
apportioned up to the rate for operations necessary to avoid furloughs 
within such department or agency, consistent with the applicable 
appropriations Act for fiscal year 2018, except that such authority 
provided under this section shall not be used until after the department 
or agency has taken all necessary actions to reduce or defer non-
personnel-related administrative expenses.

[[Page 132 STAT. 3125]]

    Sec. 112.  Funds appropriated by this Act may be obligated and 
expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C. 
2412), section 15 of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization 
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) 
of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
    Sec. 113. (a) Each amount incorporated by reference in this Act that 
was previously designated by the Congress for Overseas Contingency 
Operations/Global War on Terrorism or as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 or as being for disaster relief pursuant to 
section 251(b)(2)(D) of such Act is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism or as an 
emergency requirement pursuant to section 251(b)(2)(A) of such Act or as 
being for disaster relief pursuant to section 251(b)(2)(D) of such Act, 
respectively.
    (b) Section 6 of Public Law 115-141 shall apply to amounts 
designated in subsection (a) for Overseas Contingency Operations/Global 
War on Terrorism or as an emergency requirement.
    Sec. 114.  Amounts made available by section 101 for ``Department of 
Agriculture--Food and Nutrition Service--Child Nutrition Programs'' to 
carry out section 749(g) of the Agriculture Appropriations Act of 2010 
(Public Law 111-80) may be apportioned up to the rate for operations 
necessary to ensure that the program can be fully operational by May, 
2019.
    Sec. 115.  Notwithstanding section 101, amounts are available in the 
``Rural Utilities Service--Rural Water and Waste Disposal Program 
Account'' of the Department of Agriculture for gross obligations for the 
principal amount of direct loans as authorized by section 306 of the 
Consolidated Farm and Rural Development Act not to exceed 
$4,141,176,000.
    Sec. 116.  Amounts provided by section 110 to the Department of 
Agriculture for ``Corporations--Commodity Credit Corporation Fund--
Reimbursement for Net Realized Losses'' may be used, prior to the 
completion of the report described in section 2 of the Act of August 17, 
1961 (15 U.S.C. 713a-11), to reimburse the Commodity Credit Corporation 
for net realized losses sustained, but not previously reimbursed, as 
reflected in the June 2018 report of its financial condition.
    Sec. 117.  In addition to amounts provided by section 101, amounts 
are provided for ``Department of Agriculture--Agricultural Research 
Service--Salaries and Expenses'' at a rate for operations of $42,000,000 
for the operation and maintenance of the National Bio and Agro-Defense 
Facility.
    Sec. 118.  Any program, authority, or provision, including any pilot 
program, authorized under the Violence Against Women Reauthorization Act 
of 2013 (Public Law 113-4; 127 Stat. 54) shall continue in effect 
through the date specified in section 105(3) of this Act.
    Sec. 119. (a) Funds made available by section 101 for ``Department 
of Energy--Energy Programs--Uranium Enrichment Decontamination and 
Decommissioning Fund'' may be apportioned up to the rate for operations 
necessary to avoid disruption of continuing projects or activities 
funded in this appropriation.
    (b) The Secretary of Energy shall notify the Committees on 
Appropriations of the House of Representatives and the Senate

[[Page 132 STAT. 3126]]

not later than 3 days after each use of the authority provided in 
subsection (a).
    Sec. 120.  Notwithstanding section 101, the matter preceding the 
first proviso under the heading ``Department of Energy--Power Marketing 
Administrations--Operation and Maintenance, Southwestern Power 
Administration'' in division D of the Consolidated Appropriations Act, 
2018 (Public Law 115-141) shall be applied by substituting 
``$43,488,000'' for ``$30,288,000''; the first proviso under such 
heading shall be applied by substituting ``$33,088,000'' for 
``$18,888,000''; and the second proviso under such heading shall be 
applied by substituting ``$10,400,000'' for ``$11,400,000''.
    Sec. 121.  Notwithstanding section 101, amounts are provided to the 
Department of the Treasury for ``Departmental Offices--Salaries and 
Expenses'' at a rate for operations of $214,576,000.
    Sec. 122.  Notwithstanding any other provision of this Act, except 
section 105, the District of Columbia may expend local funds under the 
heading ``District of Columbia Funds'' for such programs and activities 
under the District of Columbia Appropriations Act, 2018 (title IV of 
division E of Public Law 115-141) at the rate set forth under ``Part A--
Summary of Expenses'' as included in the Fiscal Year 2019 Local Budget 
Act of 2018 (D.C. Act 22-397), as modified as of the date of the 
enactment of this Act.
    Sec. 123.  Amounts made available by section 101 for ``Small 
Business Administration--Business Loans Program Account'' may be 
apportioned up to the rate for operations necessary to accommodate 
increased demand for commitments for general business loans authorized 
under section 7(a) of the Small Business Act (15 U.S.C. 636(a)).
    Sec. 124.  Amounts made available by section 101 for ``Department of 
Homeland Security--Federal Emergency Management Agency--Disaster Relief 
Fund'' may be apportioned up to the rate for operations necessary to 
carry out response and recovery activities under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
    Sec. 125.  The Secretary of Homeland Security may transfer up to 
$15,000,000 in unexpended balances of amounts made available to the 
Department of Homeland Security under the heading ``Science and 
Technology Directorate--Operations and Support'' in division F of the 
Consolidated Appropriations Act, 2018 (Public Law 115-141) to the 
Department of Agriculture for the purpose of contract support of the 
operations of the National Bio and Agro-defense Facility.
    Sec. 126.  Amounts made available by section 101 for the ``U.S. 
Customs and Border Protection--Operations and Support'', ``U.S. 
Immigration and Customs Enforcement--Operations and Support'', and 
``United States Secret Service--Operations and Support'' accounts of the 
Department of Homeland Security may be apportioned at a rate for 
operations necessary to maintain not less than the number of the staff 
achieved on September 30, 2018.
    Sec. 127.  Amounts made available by section 101 for the Department 
of Homeland Security for ``United States Secret Service--Procurement, 
Construction, and Improvements'' may be apportioned up to the rate for 
operations necessary to purchase base platform vehicles in support of 
the fully armored vehicle program.

[[Page 132 STAT. 3127]]

    Sec. 128.  Amounts made available by section 101 to the Department 
of Homeland Security for ``Office of the Secretary and Executive 
Management--Operations and Support'', ``Management Directorate--
Operations and Support'', and ``Intelligence, Analysis, and Operations 
Coordination--Operations and Support'' may be apportioned up to the rate 
for operations necessary to carry out activities previously funded by 
the Working Capital Fund of the Department of Homeland Security, 
consistent with the fiscal year 2019 President's Budget.
    Sec. 129. (a) In addition to amounts provided by section 101, 
amounts are provided for ``Department of Health and Human Services--
Indian Health Service--Indian Health Services'' at a rate for operations 
of $14,112,000, for an additional amount for costs of staffing and 
operating facilities that were opened, renovated, or expanded in fiscal 
year 2018, and such amounts may be apportioned up to the rate for 
operations necessary to staff and operate such facilities.
    (b) In addition to amounts provided by section 101, amounts are 
provided for ``Department of Health and Human Services--Indian Health 
Service--Indian Health Facilities'' at a rate for operations of 
$1,200,000, for an additional amount for costs of staffing and operating 
facilities that were opened, renovated, or expanded in fiscal year 2018, 
and such amounts may be apportioned up to the rate for operations 
necessary to staff and operate newly constructed facilities.
    Sec. 130.  Section 810 of the Federal Lands Recreation Enhancement 
Act (16 U.S.C. 6809) shall be applied by substituting ``September 30, 
2020'' for ``September 30, 2019''.
    Sec. 131.  Notwithstanding section 101, the matter preceding the 
first proviso and the second proviso under the heading ``Environmental 
Protection Agency--Hazardous Waste Electronic Manifest System Fund'' in 
division G of Public Law 115-141 shall be applied by substituting 
``$8,000,000'' for ``$3,674,000'' each place it appears:  Provided, That 
such amounts may be apportioned up to the rate for operations necessary 
and amounts made available by section 101 for ``Environmental Protection 
Agency'' may be transferred between appropriations under such heading as 
necessary to ensure that the Hazardous Waste Electronic Manifest System 
becomes fully operational.
    Sec. 132. (a) The following sections of the Federal Insecticide, 
Fungicide, and Rodenticide Act shall continue in effect through the date 
specified in section 105(3) of this Act--
            (1) subparagraphs (C) through (E) of section 4(i)(1) (7 
        U.S.C. 136a-1(i)(1)(C)-(E));
            (2) section 4(k)(3) (7 U.S.C. 136a-1(k)(3));
            (3) section 4(k)(4) (7 U.S.C. 136a-1(k)(4)); and
            (4) section 33(c)(3)(B) (7 U.S.C. 136w-8(c)(3)(B)).

    (b)(1) Section 4(i)(1)(I) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136a-1(i)(1)(I)) shall be applied by 
substituting the date specified in section 105(3) of this Act for 
``September 30, 2017''.
            (2) Notwithstanding section 33(m)(2) of the Federal 
        Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-
        8(m)(2)), section 33(m)(1) of such Act (7 U.S.C. 136w-8(m)(1)) 
        shall be applied by substituting the date specified in section 
        105(3) of this Act for ``September 30, 2017''.

[[Page 132 STAT. 3128]]

    (c) Section 408(m)(3) of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 346a(m)(3)) shall be applied by substituting the date 
specified in section 105(3) of this Act for ``September 30, 2017''.
    Sec. 133.  Activities authorized under part A of title IV and 
section 1108(b) of the Social Security Act shall continue through the 
date specified in section 105(3) of this Act in the manner authorized 
for fiscal year 2018, and out of any money in the Treasury of the United 
States not otherwise appropriated, there are hereby appropriated such 
sums as may be necessary for such purpose.
    Sec. 134.  The authority provided by section 7081(h) of division J 
of the Consolidated Appropriations Act, 2017 (Public Law 115-31) shall 
apply through the date specified in section 105(3).
    Sec. 135.  Effective upon enactment of this Act, the matter under 
the heading ``Federal Railroad Administration--Railroad Rehabilitation 
and Improvement Financing Program'' in division L of the Consolidated 
Appropriations Act, 2018 (Public Law 115-141) is amended--
            (1) by striking the third and fourth provisos and inserting 
        the following provisos: ``Provided further, That, not later than 
        30 days after the date of enactment of the Continuing 
        Appropriations Act, 2019, the Secretary of Transportation, in 
        consultation with the Director of the Office of Management and 
        Budget, shall define the term `cohorts of loans' for purposes of 
        section 502(f)(4) of the Railroad Revitalization and Regulatory 
        Reform Act of 1976 (45 U.S.C. 822(f)(4)) (as in effect on the 
        day before the amendments made by section 11607 of Public Law 
        114-94 (129 Stat. 1698) took effect): Provided further, That, 
        when all obligations attached to a cohort of loans have been 
        satisfied, the Secretary of Transportation shall return to the 
        original source, on a pro rata basis, the credit risk premiums 
        paid for the loans in the cohort, with interest accrued thereon, 
        that were not used to mitigate losses, not later than 60 days 
        after the date of enactment of the Continuing Appropriations 
        Act, 2019 or, for a cohort of loans with obligations that have 
        not yet been satisfied, not later than 60 days after the date on 
        which all obligations attached to the cohort have been 
        satisfied:''; and
            (2) by striking ``for a fiscal year'' in the fifth proviso.

[[Page 132 STAT. 3129]]

    This division may be cited as the ``Continuing Appropriations Act, 
2019''.

    Approved September 28, 2018.

LEGISLATIVE HISTORY--H.R. 6157 (S. 3159):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 115-769 (Comm. on Appropriations) and 115-952 
(Comm. of Conference).
SENATE REPORTS: No. 115-290 (Comm. on Appropriations) accompanying 
S. 3159.
CONGRESSIONAL RECORD, Vol. 164 (2018):
            June 26-28, considered and passed House.
            Aug. 16, 20-23, considered and passed Senate, amended.
            Sept. 17, 18, Senate considered and agreed to conference 
                report.
            Sept. 26, House agreed to conference report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
            Sept. 28, Presidential statement.

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