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

Bill summaries are authored by CRS.

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

Highlights:

This bill provides FY2019 appropriations and continuing appropriations for several federal agencies.

The bill includes 2 of the 12 FY2019 appropriations bills:

  • the Department of Defense Appropriations Act, 2019; and
  • the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2019.

The bill also provides FY2019 continuing appropriations through December 7, 2018, for agencies that have not been funded when FY2019 begins on October 1, 2018. This is known as a continuing resolution (CR) and prevents a partial government shutdown that would otherwise occur if any of the FY2019 appropriations bills have not been enacted by October 1.

The CR funds most projects and activities at the FY2018 levels with several exceptions that provide funding flexibility and additional appropriations to various programs. It also extends several programs that are scheduled to expire at the end of FY2018.

Full Summary:

Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019

(Sec. 3) Provides that references to "this Act" included in any division of this bill refer only to the provisions of that division unless the bill expressly provides otherwise.

(Sec. 4) Specifies that this bill provides appropriations for FY2019.

DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2019

Department of Defense Appropriations Act, 2019

This division provides FY2019 appropriations to the Department of Defense (DOD) for military activities.

It does not include funding for military construction, military family housing, civil works projects of the Army Corps of Engineers, and nuclear warheads, which are all considered in other appropriations bills.

The division includes additional Overseas Contingency Operations (OCO)/ Global War on Terrorism funding for several DOD accounts. OCO funding is not subject to discretionary spending limits and other budget enforcement procedures.

TITLE I--MILITARY PERSONNEL

Provides appropriations for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force (the military departments), and for National Guard personnel in the Army and Air Force.

TITLE II--OPERATION AND MAINTENANCE

Provides appropriations for Operation and Maintenance (O&M) for the military departments, other DOD agencies, the Reserve Components, and the Army and Air National Guard.

Provides appropriations for:

  • the U.S. Court of Appeals for the Armed Forces;
  • Environmental Restoration for the military departments, DOD agencies, and at Formerly Used Defense Sites;
  • Overseas Humanitarian, Disaster, and Civic Aid;
  • the Cooperative Threat Reduction Account; and
  • the Department of Defense Acquisition Workforce Development Fund.

TITLE III--PROCUREMENT

Provides appropriations for Procurement by the military departments, including:

  • Aircraft;
  • Missiles;
  • Weapons and Tracked Combat Vehicles;
  • Ammunition;
  • Spacecraft, Rockets, and Related Equipment;
  • Shipbuilding and Conversion by the Navy;
  • Defense-Wide Procurement;
  • National Guard and Reserve Equipment; and
  • Defense Production Act Purchases.

TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Provides appropriations for Research, Development, Test, and Evaluation (RDT&E) by the military departments and defense agencies.

Provides appropriations for Operational Test and Evaluation.

TITLE V--REVOLVING AND MANAGEMENT FUNDS

Provides appropriations for the Defense Working Capital Funds.

TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS

Provides appropriations for other DOD programs, including:

  • the Defense Health Program,
  • Chemical Agents and Munitions Destruction,
  • Drug Interdiction and Counter-Drug Activities, and
  • the Office of the Inspector General.

TITLE VII--RELATED AGENCIES

Provides appropriations for: (1) the Central Intelligence Agency Retirement and Disability System Fund, and (2) the Intelligence Community Management Account.

TITLE VIII--GENERAL PROVISIONS

(Sec. 8001) Prohibits funds provided by this division from being used for publicity or propaganda purposes not authorized by Congress.

(Sec. 8002) Exempts DOD from laws prohibiting the compensation or employment of foreign nationals and specifies conditions that must be met for the exemption.

(Sec. 8003) Prohibits funds provided by this division from remaining available for obligation beyond the current fiscal year unless this division expressly provides otherwise.

(Sec. 8004) Limits the obligation of certain funds provided by this division during the last two months of the fiscal year. Includes exceptions for obligations for the support of active duty training of reserve components or summer camp training of the Reserve Officers' Training Corps.

(Sec. 8005) Specifies authorities and restrictions for transferring specified funds provided by this division for other military functions.

(Sec. 8006) Requires tables included in the explanatory statement accompanying this division to be treated as if they were included in the text of this division.

(Sec. 8007) Requires DOD to submit a report to Congress to establish the baseline for the application of reprogramming and transfer authorities for FY2019. Prohibits funds provided by this division from being reprogrammed or transferred until the report is provided or DOD certifies to Congress that the reprogramming or transfer is necessary as an emergency requirement. Includes exceptions for: (1) the Environmental Restoration accounts, and (2) Drug Interdiction and Counter-drug activities.

(Sec. 8008) Prohibits cash balances in DOD Working Capital Funds from exceeding the level necessary for cash disbursements to be made from the funds. Sets forth requirements and limitations for transfers of balances in the funds to specified accounts.

(Sec. 8009) Prohibits funds provided by this division from being used to initiate a special access program without notifying Congress in advance.

(Sec. 8010) Establishes authorities, restrictions, and requirements for using funds provided by this division to initiate or terminate certain multiyear procurement contracts.

(Sec. 8011) Appropriates O&M funds for the costs of humanitarian and civic assistance provided in conjunction with military operations.

(Sec. 8012) Prohibits DOD from managing civilian personnel on the basis of any end-strength or subjecting civilian personnel to any end-strength limitations.

(Sec. 8013) Prohibits funds provided by this division from being used to directly or indirectly influence congressional action on legislation or appropriation matters pending before Congress.

(Sec. 8014) Prohibits compensation from being paid to any member of the Army participating as a full-time student and receiving benefits paid by the Department of Veterans Affairs from the DOD Education Benefits Fund if the time spent as a student is counted toward the member's service commitment. Applies the restriction only to active components of the Army and exempts members that have reenlisted with this option prior to October 1, 1987.

(Sec. 8015) Permits funds appropriated in title III of this division for the DOD Pilot Mentor-Protege Program to be transferred to any other account contained in this division to implement a developmental assistance agreement under the program.

(Sec. 8016) Prohibits DOD from purchasing certain anchor and mooring chains unless they are manufactured in the United States. Permits a waiver if adequate domestic supplies are not available to meet DOD requirements on a timely basis, and DOD certifies to Congress that the acquisition must be made for national security purposes.

(Sec. 8017) Prohibits funds provided by this division from being used to support the procurement of malt beverages and wine with nonappropriated funds for resale on a military installation located in the United States unless the beverages are procured within the state in which the installation is located and specified conditions are met.

(Sec. 8018) Prohibits DOD funds from being used to demilitarize or dispose of certain small firearms or small arms ammunition, or ammunition components that are not otherwise prohibited from commercial sale under federal law, unless the Army has certified that the small arms, ammunition, or components are unserviceable or unsafe for further use.

(Sec. 8019) Limits funding for a single relocation of any DOD entity into or within the National Capital Region. Permits DOD to waive the limitation by certifying to Congress that a relocation is required in the best interest of the government.

(Sec. 8020) Provides specified funds for incentive payments for federal contracts involving contractors, subcontractors, or suppliers that are Indian organizations or Indian-owned economic enterprises.

(Sec. 8021) Prohibits funds provided by this division for the Defense Media Activity from being used for national or international political or psychological activities.

(Sec. 8022) Permits DOD to incur obligations of up to $350 million for military compensation, construction projects, and supplies and services in anticipation of contributions from the government of Kuwait.

(Sec. 8023) Provides appropriations from Air Force accounts to the Civil Air Patrol Corporation, including from:

  • O&M--Air Force to support Civil Air Patrol Corporation O&M, readiness, counter-drug activities, and drug demand reduction activities involving youth programs;
  • Aircraft Procurement--Air Force; and
  • Other Procurement--Air Force.

Specifies that the Air Force should waive reimbursement for funds used by the Civil Air Patrol for counter-drug activities in support of federal, state, and local government agencies.

(Sec. 8024) Prohibits funds provided by this division from being used to establish a new DOD federally-funded research and development center (FFRDC). Limits compensation for consultants and members of certain entities of a defense FFRDC.

Prohibits a defense FFRDC from using FY2019 DOD funds for new building construction, cost-sharing payments for projects funded by government grants, absorption of contract overruns, or certain charitable contributions.

Limits the staff years that may be funded for FFRDCs from FY2019 funds and requires DOD to submit a report on the allocation of staff years with the FY2020 budget request.

Reduces the total amount appropriated by this division for FFRDCs, with exceptions for the National Intelligence Program and the Military Intelligence Program.

(Sec. 8025) Prohibits DOD from using funds provided by this division to procure carbon, alloy, or armor steel plating not melted and rolled in the United States or Canada. Permits DOD to waive the prohibition if adequate domestic supplies are not available and an acquisition is necessary for national security purposes.

(Sec. 8026) Specifies that "congressional defense committees" includes the Senate and House Armed Services Committees and Appropriations Subcommittees on Defense.

(Sec. 8027) Permits DOD to acquire the modification, depot maintenance, and repair of aircraft, vehicles, and vessels; and production of components and other defense-related articles through competition between DOD depot maintenance activities and private firms.

(Sec. 8028) Revokes blanket waivers of the Buy American Act if DOD determines that a country has violated the terms of a specified reciprocal defense procurement memorandum of understanding by discriminating against products that are produced in the United States and covered by the agreement.

(Sec. 8029) Permits funds in the Department of Defense Overseas Military Facility Investment Recovery Account to remain available until expended.

(Sec. 8030) Permits the Air Force to convey to Indian tribes located in Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units currently located at Grand Forks, Malmstrom, Mountain Home, Ellsworth, and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield Program to resolve any housing unit conflicts arising among requests of Indian tribes for these conveyances.

(Sec. 8031) Permits O&M appropriations to be used to purchase items with an investment unit cost of not more than $250,000.

(Sec. 8032) Prohibits funds provided by this division from being used to: (1) disestablish or prepare to disestablish a Senior Reserve Officers' Training Corps (SROTC) program in accordance with specified DOD instructions; or (2) close, downgrade from host to extension center, or place on probation a SROTC program in accordance with a specified Army information paper.

(Sec. 8033) Permits specified Navy O&M funds to be used for the Asia Pacific Regional Initiative Program for enabling the Pacific Command to execute theater security cooperation activities such as humanitarian assistance and the payments of the costs of training and exercising with foreign security forces.

(Sec. 8034) Requires DOD to issue regulations to: (1) prohibit the sale of 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; and (2) require the prices in overseas military retail outlets to be within the range of prices established for military retail systems stores in the United States.

(Sec. 8035) Prohibits the use of DOD Working Capital Funds to purchase specified investment items. Specifies requirements for the FY2020 DOD budget request.

(Sec. 8036) Prohibits funds provided for the Central Intelligence Agency (CIA) from remaining available for obligation beyond the current fiscal year, except for funds provided for the Reserve for Contingencies, the CIA Central Services Working Capital Fund, advanced research and development acquisition, agent operations, and covert action programs authorized by the President.

(Sec. 8037) Requires specified Defense-Wide O&M funds to be used for activities and assistance related to the mitigation of environmental impacts on Indian lands resulting from DOD activities.

(Sec. 8038) Requires DOD to comply with the Buy American Act.

(Sec. 8039) Prohibits funds provided by this division from being used to: (1) establish a field operating agency, or (2) pay a member of the Armed Forces or civilian employee transferred or reassigned from a headquarters activity if the member or employee's place of duty remains at the location of headquarters. Specifies exceptions and permits waivers that will reduce personnel or financial requirements of the department.

(Sec. 8040) Prohibits funds provided by this division from being used to convert a function performed by DOD civilian employees to performance by a contractor unless specific requirements are met.

(Sec. 8041) Rescinds specified funds provided by prior appropriations bills for Procurement, Shipbuilding and Conversion, and RDT&E.

(Sec. 8042) Prohibits funds provided by this division from being used to reduce authorized positions for military technicians (dual status) of the Army National Guard, Air National Guard, Army Reserve, and Air Force Reserve unless the reductions are a direct result of a reduction in military force structure.

(Sec. 8043) Prohibits funds provided by this division from being used for assistance to North Korea unless the funds are specifically appropriated for that purpose.

(Sec. 8044) Permits O&M funds provided by this division to be used to reimburse the National Guard and Reserve for providing intelligence or counterintelligence support to the combatant commands, defense agencies, and joint intelligence activities.

(Sec. 8045) Prohibits the transfer of DOD or CIA drug interdiction or counter-drug activity funds to any other department or agency except as specifically provided in an appropriations law.

(Sec. 8046) Prohibits funds provided by this division from being used to procure ball and roller bearings other than those produced by a domestic source and of domestic origin. Permits DOD to waive the prohibition if adequate domestic supplies are not available and an acquisition is necessary for national security. Includes an exception for the purchase of commercial items and specifies that the restriction applies to ball or roller bearings purchased as end items.

(Sec. 8047) Requires specified appropriations for the Working Capital Fund--Army account to be used to maintain competitive rates at the arsenals.

(Sec. 8048) Appropriates funds to DOD for grants to the United Service Organizations and the Red Cross.

(Sec. 8049) Prohibits funds provided by this division from being used to purchase any supercomputer not manufactured in the United States unless it is unavailable from U.S. manufacturers and is necessary for national security.

(Sec. 8050) Requires the Small Business Innovation Research program and the Small Business Technology Transfer program set-asides to be taken proportionally from all programs, projects, or activities that contribute to the extramural budget.

(Sec. 8051) Prohibits funds in this division from being used for contractor bonuses being paid due to a business restructuring.

(Sec. 8052) Permits the transfer of specified O&M funds to pay military personnel for support and services for eligible organizations and activities outside DOD.

(Sec. 8053) Permits DOD to dispose of negative unliquidated or unexpended balances for expired or closed accounts by charging an obligation to a current account for the same purpose as the expired or closed account.

(Sec. 8054) Permits the National Guard to allow the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis.

(Sec. 8055) Requires specified O&M funds to be used for continued implementation and expansion of the Sexual Assault Special Victims' Counsel Program.

(Sec. 8056) Prohibits the use of funds provided in title IV of this division to procure end-items for delivery to military forces for operational training, operational use, or inventory requirements. Includes exceptions and permits a waiver for national security purposes.

(Sec. 8057) Permits DOD to waive limitations on the procurement of defense items from a foreign country if: (1) the limitations would invalidate cooperative programs or reciprocal trade agreements, and (2) the country does not discriminate against the same or similar items produced in the United States for that country. Provides exceptions.

(Sec. 8058) Prohibits funds provided by this division or other DOD appropriations bills from being used for repairs or maintenance for military family housing units.

(Sec. 8059) Permits the transfer of specified Navy O&M funds to the John C. Stennis Center for Public Service Training and Development Trust Fund.

(Sec. 8060) Requires DOD to submit a report to Congress before obligating specified RDT&E funds appropriated by this division for any new start advanced concept technology demonstration project or joint capability demonstration project. Permits DOD to waive the restriction by certifying to Congress that it is in the national interest.

(Sec. 8061) Requires DOD to continue to provide a classified quarterly report to Congress on matters specified in the classified annex accompanying this division.

(Sec. 8062) Permits a Reserve who is a member of the National Guard serving on full-time duty to support ground-based elements of the National Ballistic Missile Defense System.

(Sec. 8063) Prohibits funds provided by this division from being used to transfer specified armor-piercing ammunition to any nongovernmental entity, except for demilitarization purposes.

(Sec. 8064) Permits the National Guard to waive payment for leases of personal property for not more than a year to certain youth, social, charitable, or fraternal nonprofit organizations.

(Sec. 8065) Provides for the transfer of specified Army O&M funds to other activities of the federal government for classified purposes. Permits DOD 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.

(Sec. 8066) Prohibits funds from being used to make specified modifications to the budget and appropriations process for the National Intelligence Program.

(Sec. 8067) Provides appropriations to remain available until expended for grants for the construction and furnishing of additional Fisher Houses to meet the needs of military family members confronted with the illness or hospitalization of an eligible military beneficiary.

(Sec. 8068) Prohibits DOD funds from being used to modify command and control relationships to give Fleet Forces Command operational and administrative control of U.S. Navy forces assigned to the Pacific fleet. Provides that command and control relationships that existed on October 1, 2004, shall remain in effect until a written modification has been proposed to congressional appropriations committees.

Specifies that the proposed modification: (1) may be implemented 30 days after the committees are notified unless an objection is received from the committees, and (2) may not preclude the ability of the commander of the U.S. Pacific Command to meet operational requirements.

(Sec. 8069) Specifies that certain congressional notifications regarding rapid acquisition and deployment procedures must be submitted concurrently to the congressional defense appropriations subcommittees, in addition to the congressional armed services and appropriations committees.

(Sec. 8070) Provides specified Procurement and RDT&E funds for the Israeli Cooperative Programs. Specifies funding for the Iron Dome defense system for countering short-range rocket threats, the Short Range Ballistic Missile Defense program, and related programs.

(Sec. 8071) Permits specified Shipbuilding and Conversion--Navy funds to remain available through FY2019 to fund prior year shipbuilding cost increases. Requires the funds to be transferred to specified accounts.

(Sec. 8072) Deems funds provided by this division for intelligence activities to be authorized by Congress during FY2019 until the enactment of the Intelligence Authorization Act for FY2019.

(Sec. 8073) Prohibits funds appropriated by this division from being used for a reprogramming of funds that creates or initiates a new program, project, or activity unless it must be undertaken immediately for national security and Congress is notified in advance.

(Sec. 8074) Requires the President's budget to include separate budget justification documents for costs of the Armed Forces' participation in contingency operations for the Military Personnel, O&M, Procurement, and RDT&E accounts.

(Sec. 8075) Prohibits funds provided by this division from being used for research, development, test, evaluation, procurement, or deployment of nuclear armed interceptors of a missile defense system.

(Sec. 8076) Rescinds specified funds from the Foreign Currency Fluctuations--Defense account.

(Sec. 8077) Permits DOD to use specified funds for the rapid acquisition and deployment of supplies and associated support services pursuant to the Bob Stump National Defense Authorization Act for Fiscal Year 2003.

(Sec. 8078) Prohibits funds provided by this division from being used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve if the action would reduce the WC-130 Weather Reconnaissance mission below the levels funded in this division. Permits the squadron to perform other missions in support of national defense requirements during the non-hurricane season.

(Sec. 8079) Prohibits funds provided by this division from being used for integrating foreign intelligence information unless the information has been lawfully collected and processed during authorized foreign intelligence activities.

Requires information pertaining to U.S. persons to be handled in accordance with the Fourth Amendment of the U.S. Constitution as implemented through Executive Order No. 12333 (United States Intelligence Activities).

(Sec. 8080) Prohibits funds provided by this division from being used to transfer research and development, acquisition, or other program authority related to current tactical unmanned aerial vehicles from the Army.

Requires the Army to retain responsibility for and operational control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle.

(Sec. 8081) Prohibits funds appropriated by this division for programs of the Office of the Director of National Intelligence (ODNI) from being obligated beyond the current fiscal year except for research and technology funds, which remain available through FY2020.

(Sec. 8082) Provides for the adjustment of obligations within the Shipbuilding and Conversion--Navy appropriation.

(Sec. 8083) Requires the ODNI to submit a report to Congress establishing the baseline for application of reprogramming and transfer authorities for FY2019. Prohibits funds provided by this division for the National Intelligence Program from being transferred or reprogrammed until the report is submitted unless the action is necessary for an emergency.

(Sec. 8084) Prohibits funds provided by this bill from being used to eliminate, restructure, realign, or make disproportionate personnel reductions at Army Contracting Command--New Jersey sites without notifying Congress in advance.

(Sec. 8085) Requires transfers of funds for support to friendly countries in connection with the conduct of operations in which the United States is not participating to be made in accordance with sections 8005 or 9002 of this division, which specify procedures and requirements for transferring funds.

(Sec. 8086) Requires transfers of funds from the Department of Defense Acquisition Workforce Development Fund to a military department or defense agency to be covered by and subject to sections 8005 or 9002 of this division, which specify procedures and requirements for transferring funds.

(Sec. 8087) Prohibits certain funds provided by this division from being used to support any military training or operation that includes child soldiers unless the assistance is permitted by the Child Soldiers Prevention Act of 2008.

(Sec. 8088) Specifies restrictions and requirements for reprogramming or transferring funds provided to the National Intelligence Program.

(Sec. 8089) Directs the ODNI to submit annually to Congress a future-years intelligence program reflecting estimated expenditures and proposed appropriations included in the President's budget.

(Sec. 8090) Specifies committees included in "congressional intelligence committees" for the purposes of this division.

(Sec. 8091) Permits specified O&M funds provided in title II of this division to be transferred by the military department concerned to its central fund established for Fisher Houses and Suites.

(Sec. 8092) Prohibits funds provided by this division from being used for making remittances to the Defense Acquisition Workforce Development Fund.

(Sec. 8093) Requires agencies receiving funds in this division to post reports required to be submitted to Congress on the public website of the agency if it serves the national interest. Provides exceptions for national security or proprietary information.

(Sec. 8094) Prohibits funds provided by this division from being used for federal contracts in excess of $1 million unless the contractor meets specific requirements regarding the resolution of claims under title VII of the Civil Rights Act of 1964 (discrimination based on race, color, religion, sex, or national origin). Allows DOD to waive the requirements to avoid harm to national security.

(Sec. 8095) Makes specified funds provided by this division for the Defense Health Program available to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for operations of the integrated Captain James A. Lovell Federal Health Care Center and supporting facilities.

(Sec. 8096) Prohibits funds provided by this division from being used to: (1) provide certain missile defense information to the Russian Federation, subject to an exception for information regarding ballistic missile early warning; or (2) integrate a missile defense system of the Russian Federation or a missile defense system of the People's Republic of China into any missile defense system of the United States.

(Sec. 8097) Permits DOD funds to be used to purchase armored vehicles for the physical security of personnel or force protection and limits the cost per vehicle.

(Sec. 8098) Permits the ODNI to transfer specified funds provided by this division for the National Intelligence Program with the approval of the Office of Management and Budget, subject to certain requirements and restrictions.

(Sec. 8099) Prohibits funds from being used to transfer or release certain individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo) who are not U.S. citizens or members of the Armed Forces into the United States, its territories, or possessions.

(Sec. 8100) Prohibits funds from being used to construct, acquire, or modify any U.S. facility (other than the facility at Guantanamo Bay, Cuba) to house certain individuals detained at Guantanamo who are not U.S. citizens or members of the Armed Forces.

(Sec. 8101) Prohibits funds provided by this division from being used to transfer individuals detained at Guantanamo to a country of origin or other foreign country or entity unless DOD makes certain certifications.

(Sec. 8102) Prohibits funds provided by this division from being used to violate the Wars Powers Resolution.

(Sec. 8103) Prohibits funds from being used to enter into specified agreements and transactions with Russian arms supplier Rosoboronexport. Permits DOD to waive the restriction if specific conditions are met.

(Sec. 8104) Prohibits funds provided by this division from being used for the purchase or manufacture of U.S. flags unless they are treated as covered items under Buy American requirements.

(Sec. 8105) Requires DOD to submit specified reports to Congress detailing the submission of records during the previous six months to databases accessible to the National Instant Criminal Background Check System.

(Sec. 8106) Permits funds provided by this division to be used to provide ex gratia payments to local military commanders for damage, personal injury, or death that is incident to combat operations of the Armed Forces in a foreign country.

(Sec. 8107) Prohibits funds provided by this division from being used to reduce strategic delivery vehicles and launchers below levels necessary to implement the New Strategic Arms Reduction Treaty (New START), as set forth in a report provided to Congress pursuant to the National Defense Authorization Act for Fiscal Year 2012.

(Sec. 8108) Requires DOD to post grant awards on a public website in a searchable format.

(Sec. 8109) Specifies requirements for proportionally allocating reductions required under current law for each RDT&E and Procurement account.

(Sec. 8110) Prohibits funds provided by this division from being used for the performance of a flight demonstration team at a location outside of the United States if a performance of a flight demonstration team at a location within the United States was canceled during the year due to insufficient funding.

(Sec. 8111) Prohibits the National Security Agency (NSA) from using funds provided by this division to target a U.S. person under specified authorities granted by the Foreign Intelligence Surveillance Act of 1978 (FISA).

(Sec. 8112) Prohibits funds provided by this division from being used for the Arms Trade Treaty until it is ratified by the Senate.

(Sec. 8113) Prohibits the transfer of administrative responsibilities or budgetary resources of any program, project, or activity financed by this division to another federal agency not financed by this division without the express authorization of Congress. Includes an exception for transfers of funds expressly provided for defense appropriations bills.

(Sec. 8114) Permits specified Navy O&M funds to be used for the National Defense Reserve Fleet and for reimbursements to the Ready Reserve Force--Maritime Administration account of the Department of Transportation for expenses related to the National Defense Reserve Fleet.

(Sec. 8115) Prohibits funds provided by this division from being used to initiate or expand support for foreign forces, irregular forces, groups, or individuals supporting U.S. Special Operations Forces activities to combat terrorism unless Congress is notified in advance in accordance with the classified annex of this division.

(Sec. 8116) Prohibits funds provided by this division from being used for activities in Iraq in contravention of the War Powers Resolution.

(Sec. 8117) Prohibits funds provided by this division for the T-AO Fleet Oiler program from being used to award a new contract that provides for the acquisition of certain components unless the components are manufactured in the United States.

(Sec. 8118) Increases the total amount appropriated by title II of this division to mitigate higher than anticipated fuel costs.

(Sec. 8119) Prohibits funds from being transferred from the Defense Acquisition Workforce Development Fund to the Rapid Prototyping Fund or credited to a military department-specific fund established to carry out an acquisition program under the rapid prototyping pathway.

(Sec. 8120) Prohibits funds provided by this division from being used for Government Travel Charge Card expenses for gaming or for entertainment that includes topless or nude entertainers or participants.

(Sec. 8121) Permits specified O&M funds provided by title II of this division to be used for a project in a country designated by the Secretary of Defense.

(Sec. 8122) Prohibits funds provided by this division from being used for a new or additional Base Realignment and Closure (BRAC) round.

(Sec. 8123) Prohibits funds provided by this division from being used to deliver F-35 aircraft to Turkey, except in accordance with provisions of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 that prohibit delivery of the aircraft to Turkey until DOD reports to Congress on the status of the U.S. relationship with Turkey.

(Sec. 8124) Permits DOD to use specified funds 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. Specifies reprogramming and transfer procedures for the funds.

(Sec. 8125) Prohibits funds provided by this division from being used to close or realign the U.S. Naval Station, Guantanamo Bay, Cuba.

(Sec. 8126) Prohibits funds provided by this division from being used for any computer network that does not block access to pornography websites, with exceptions for criminal investigations, prosecution, or adjudication activities; or for any activity necessary for the national defense, including intelligence activities.

(Sec. 8127) Specifies that transfers of funds provided by this division for the Global Engagement Center must be made in accordance with the procedures and requirements set forth in section 8005 or 9002 of this division.

(Sec. 8128) Provides additional O&M funds that are only available to DOD, or for transfer to the Department of Education, to make grants, conclude cooperative agreements, or supplement federal funds to construct, renovate, repair, or expand elementary and secondary public schools on military installations to address capacity or facility condition deficiencies.

(Sec. 8129) Requires certain DOD programs that provide assisted reproductive services for seriously ill or injured active duty service members to be carried out without time limits on the duration of embryo cryopreservation and storage.

(Sec. 8130) Prohibits funds provided by this division from being used to provide arms, training, or other assistance to the Azov Battalion.

(Sec. 8131) Prohibits funds provided by this division from being used to purchase heavy water from Iran.

(Sec. 8132) Reduces the funds provided by title II of this division for O&M--Army to reflect excess cash balances in the Working Capital Funds.

(Sec. 8133) Reduces the funds provided by title II of this division for O&M--Navy to reflect excess cash balances in the Working Capital Funds.

(Sec. 8134) Prohibits funds provided by this division from being used to provide certain military equipment if DOD determines that providing the equipment will undermine readiness.

(Sec. 8135) Permits DOD to use funds for procurement or for RDT&E 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, subject to congressional notification requirements.

(Sec. 8136) Permits funds provided for the Defense Health Program to be used to make death gratuity payments if no appropriations for Military Personnel is available for the payments.

(Sec. 8137) Prohibits funds provided by this division from being used to migrate data and applications to the proposed Joint Enterprise Defense Infrastructure or the Defense Enterprise Office Solutions cloud computing services until 90 days after DOD submits to Congress: (1) a plan to establish a budget accounting system for DOD cloud computing systems, and (2) a detailed description of DOD's strategy to implement enterprise-wide cloud computing.

(Sec. 8138) Prohibits funds provided by this division from being used for specified transactions with any corporation with certain unpaid federal tax liabilities, unless an agency has considered suspension or debarment of the corporation and decided that further action is not necessary to protect the interests of the government.

(Sec. 8139) Prohibits funds provided by this division from being used for assistance to the Islamic Republic of Iran unless the funds were specifically appropriated for that purpose.

(Sec. 8140) Permits specified O&M funds to be used to reimburse the government of the Republic of Palau for land acquisition costs for defense sites.

(Sec. 8141) Prohibits funds provided by this division from being used in contravention of specified requirements for federal agencies regarding: (1) consultation and coordination with Indian tribal governments when developing policies that have tribal implications; and (2) early consultation with state and local agencies, Indian tribes, and interested private persons and organizations during the process of complying with the National Environmental Policy Act (NEPA).

(Sec. 8142) Makes specified O&M funds available to the Air Force for payments to a local water authority in the vicinity of an Air Force or Air National Guard based, or to a state where the water authority is located, for the treatment of perfluorooctane sulfonic acid and perfluorooctanoic acid in drinking water from the water source and/or wells owned and operated by the local water authority. Requires the treatment to be undertaken to attain the Environmental Protection Agency Lifetime Health Advisory level for the acids.

TITLE IX--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM

Provides additional FY2019 appropriations to DOD accounts for Overseas Contingency Operations (OCO)/ the Global War on Terrorism. (OCO funds are exempt from discretionary spending limits and other budget enforcement rules.)

Provides appropriations for Active-Duty and Reserve Personnel in the Army, Navy, Marine Corps, Air Force (the military departments), and for National Guard personnel in the Army and Air Force.

Provides appropriations for O&M for the military departments, other agencies of DOD, the Reserve Components, and the Army and Air National Guard.

Provides appropriations for the Afghanistan Security Forces Fund and the Counter-Islamic State of Iraq and Syria Train and Equip Fund.

Provides appropriations for Procurement by the military departments and other DOD agencies.

Provides appropriations for RDT&E for the military departments and other DOD agencies.

Provides appropriations for the Defense Working Capital Funds.

Provides appropriations for Other DOD Programs, including:

  • the Defense Health Program,
  • Drug Interdiction and Counter-Drug Activities, and
  • the Office of the Inspector General.

(Sec. 9001) Specifies that funds made available in this title are in addition to amounts appropriated to DOD for FY2019.

(Sec. 9002) Permits DOD to transfer specified funds between the appropriations in this title if it is in the national interest, the Office of Management and Budget approves, and Congress is notified.

(Sec. 9003) Permits supervision, administration, and design costs for a construction project funded with O&M or the Afghanistan Security Forces Fund in direct support of overseas contingency operations in Afghanistan to be obligated when a construction contract is awarded.

(Sec. 9004) Permits DOD to use funds appropriated in this title to purchase motor vehicles for use by military and civilian DOD employees in the U.S. Central Command area of responsibility. Limits the cost of each passenger and armored vehicle.

(Sec. 9005) Permits specified Army O&M funds to be used for the Commander's Emergency Response Program for humanitarian relief and reconstruction assistance in Afghanistan.

(Sec. 9006) Permits DOD O&M funds to be used to provide supplies, services, transportation, including airlift and sealift, and other logistical support to allied forces participating in a combined operation with U.S. and coalition forces supporting military and stability operations in Afghanistan and to counter the Islamic State of Iraq and Syria. Requires DOD to report quarterly to Congress regarding support provided under this section.

(Sec. 9007) Prohibits funds from being used to: (1) establish any military installation or base for providing for the permanent stationing of Armed Forces in Iraq or Afghanistan, or (2) exercise U.S. control over any oil resource of Iraq.

(Sec. 9008) Prohibits funds provided by this division from being used in contravention of specified laws or regulations implementing the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

(Sec. 9009) Prohibits funds provided for the Afghanistan Security Forces Fund from being obligated prior to the approval of a financial and activity plan by the Afghanistan Resources Oversight Council of DOD.

(Sec. 9010) Permits O&M funds provided in this title to be used to purchase items with an investment unit cost of up to $250,000. Permits the purchase of items with an investment cost of up to $500,000 if DOD determines that it is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in contingency operations overseas.

(Sec. 9011) Permits specified funds provided by this division for the Defense Security Cooperation Agency and Defense-Wide Operation and Maintenance to 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) Prohibits funds provided by this division for the Counter-ISIS Train and Equip Fund from being used to procure or transfer man-portable air defense systems.

(Sec. 9013) Provides additional funding for the Ukraine Security Assistance Initiative for: (1) 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 (2) replacement of any weapons or articles provided to Ukraine from the U.S. inventory.

Permits DOD to accept equipment procured using funds provided under this section or prior Acts that was transferred to the security forces of Ukraine and returned to the United States.

(Sec. 9014) Permits funds provided by this title to be used for the replacement of funds for items provided to the government of Ukraine from the U.S. inventory, to the extent that it is permitted by section 9013 of the division.

(Sec. 9015) Prohibits funds provided by this division under section 9013 for Assistance and Sustainment to the Military and National Security Forces of Ukraine from being used to procure or transfer man-portable air defense systems.

(Sec. 9016) Permits certain equipment that was procured using the Counterterrorism Partnerships Fund for the program to provide assistance to vetted elements of the Syrian opposition to be transferred to foreign security forces, irregular forces, groups, or individuals, authorized to receive assistance from the Counter-ISIS Train and Equip Fund.

(Sec. 9017) Prohibits DOD O&M funds from being used for payments to Pakistan as reimbursement for support provided to U.S. military operations unless DOD certifies to Congress that the government of Pakistan has met specific conditions. Permits DOD to waive the restriction for national security.

(Sec. 9018) Provides additional funding to DOD to improve intelligence, surveillance, and reconnaissance capabilities.

(Sec. 9019) Prohibits the use of funds for Syria in contravention of the War Powers Resolution.

(Sec. 9020) Prohibits funds appropriated by this division from being used to transfer additional C-130 cargo aircraft to the Afghan National Security Forces or the Afghanistan Air Force until DOD reports to Congress regarding the Afghanistan Air Force's medium airlift requirements.

(Sec. 9021) Rescinds specified funds provided by DOD appropriations bills for:

  • Procurement of Ammunition--Navy and Marine Corps;
  • O&M--Defense-Wide: Coalition Support Fund;
  • O&M--Defense-Wide: DSCA Security Cooperation;
  • the Counter-ISIS Train and Equip Fund, and
  • Aircraft Procurement--Air Force.

(Sec. 9022) Provides that, if specified certification and reporting requirements are met, the Afghanistan Security Forces Fund may be used to provide a unit of the security forces of Afghanistan with limited training, equipment, and other assistance that would otherwise be prohibited under provisions of current law that prohibit assistance for foreign security forces that committed a gross violation of human rights.

(Sec. 9023) Specifies that amounts designated by this division for Overseas Contingency Operations/ Global War on Terrorism pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are only available (or rescinded, if applicable) if the President subsequently designates the amounts and transmits the designations to Congress.

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

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2019

This division provides FY2019 appropriations for:

  • the Department of Labor;
  • most of the Department of Health and Human Services (HHS);
  • the Department of Education (ED); and
  • several related agencies, including the Social Security Administration, the Corporation for National and Community Service, the Corporation for Public Broadcasting, and the National Labor Relations Board.

The division includes both discretionary and mandatory funding. The majority of the funding in the division is mandatory funding for entitlement programs such as Medicaid and Supplemental Security Income that are funded in annual appropriations bills. These programs, known as appropriated entitlements, are included in annual appropriations bills, though the amounts provided for the programs are generally determined by authorizing statutes that control details of the programs such as eligibility rules and benefit levels.

TITLE I--DEPARTMENT OF LABOR

Department of Labor Appropriations Act, 2019

Provides FY2019 appropriations for agencies and programs within the Department of Labor.

Provides appropriations to the Employment and Training Administration for:

  • Training and Employment Services,
  • the Job Corps,
  • Community Service Employment for Older Americans,
  • Federal Unemployment Benefits and Allowances,
  • State Unemployment Insurance and Employment Service Operations,
  • Advances to the Unemployment Trust Fund and Other Funds, and
  • Program Administration.

Provides appropriations to the Pension Benefit Guaranty Corporation.

Provides appropriation to Labor for:

  • the Employee Benefits Security Administration,
  • the Wage and Hour Division,
  • the Office of Labor-Management Standards,
  • the Office of Federal Contract Compliance Programs,
  • the Office of Workers' Compensation Programs,
  • the Occupational Safety and Health Administration (OSHA),
  • the Mine Safety and Health Administration,
  • the Bureau of Labor Statistics, and
  • the Office of Disability Employment Policy.

Provides appropriations for Departmental Management, including:

  • Salaries and Expenses,
  • Veterans Employment and Training,
  • IT Modernization, and
  • the Office of Inspector General.

(Sec. 101) Prohibits Job Corps funds provided by this division from being used to pay the salary and bonuses of an individual at a rate that exceeds Executive Level II.

(Sec. 102) Permits specified Labor funds to be transferred between accounts and sets forth restrictions and congressional notification requirements for the transfers.

(Sec. 103) Prohibits funds provided by this division from being used for the procurement of goods and services utilizing forced or indentured child labor in industries and host countries identified by Labor prior to enactment of this Act.

(Sec. 104) Prohibits certain funds available for job training grants under the American Competitiveness and Workforce Improvement Act of 1998 from being used for any purpose other than competitive grants to train individuals who are over the age of 16 and are not 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 the training.

(Sec. 105) Prohibits a recipient of Employment and Training Administration (ETA) funds from using the funds to pay the salary and bonuses of an individual at a rate in excess of Executive Level II, with an exception for vendors providing goods and services. Permits states to establish lower limits for salaries and bonuses.

(Sec. 106) Permits the ETA to: (1) transfer funds provided for technical assistance services to grantees to Program Administration if the services will be more efficiently performed by federal employees, and (2) transfer specified Program Administration funds to carry out program integrity activities.

(Sec. 107) Limits the funds that may be reserved for evaluation of programs and activities and requires the Chief Evaluation Officer to submit a plan to Congress in advance of transferring funds to be used for evaluations.

(Sec. 108) Exempts certain personnel employed to adjust or evaluate claims resulting from or relating to a major disaster from the maximum hours provisions of the Fair Labor Standards Act of 1938 for two years after a state or federal declaration of a disaster or catastrophe.

(Sec. 109) Rescinds specified advance appropriations from the ETA's Dislocated Workers Assistance National Reserve account.

(Sec. 110) Provides employers in the seafood industry with flexibility with respect to bringing H-2B nonimmigrant workers into the United States. (The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs.)

(Sec. 111) Sets forth requirements for determining the prevailing wage for the H-2B program.

(Sec. 112) Prohibits the use of funds provided by this division to enforce the definition of corresponding employment or the three-fourths guarantee rule definition found in specified regulations for the H-2B program. Specifies the definition of temporary need that applies for the purpose of regulating admission of temporary workers under the H-2B program.

(Sec. 113) Permits Labor to furnish excess personal property to programs registered under the National Apprenticeship Act for the purpose of training apprentices in the programs.

(Sec. 114) Extends the availability of specified funds provided for automation acquisitions that are being carried out by State Unemployment Insurance information technology consortia.

(Sec. 115) Specifies requirements and authorities for the law enforcement officers or special agents employed as a part of the Secretary of Labor's security detail.

(Sec. 116) Authorizes Labor to dispose of or divest all or a portion of the real property on which the Treasure Island Job Corps Center is located. Exempts the sale or disposition from federal laws and regulations relating to the disposition of federal property.

(Sec. 117) Modifies the authorities and requirements for the Working Capital Fund.

(Sec. 118) Rescinds specified unobligated funds available from H-1B visa fees. Provides additional appropriations for the ETA State Unemployment Insurance and Employer Services Operations account for processing applications for foreign labor certifications submitted by employers to employ certain nonimmigrants under the Northern Mariana Islands U.S. Workforce Act of 2018.

TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

Department of Health and Human Services Appropriations Act, 2019

Provides FY2019 appropriations for agencies and programs within the Department of Health and Human Services (HHS).

Provides appropriations to the Health Resources and Services Administration for:

  • Primary Health Care,
  • the Health Workforce,
  • Maternal and Child Health,
  • the Ryan White HIV/AIDS Program,
  • Health Care Systems,
  • Rural Health,
  • Family Planning,
  • Program Management, and
  • the Vaccine Injury Compensation Program Trust Fund.

Provides appropriations to the Centers for Disease Control and Prevention (CDC) for:

  • Immunization and Respiratory Diseases;
  • HIV/AIDS, Viral Hepatitis, Sexually Transmitted Diseases, and Tuberculosis Prevention;
  • Emerging and Zoonotic Infectious Diseases;
  • Chronic Disease Prevention and Health Promotion;
  • Birth Defects, Developmental Disabilities, Disabilities and Health;
  • Public Health Scientific Services;
  • Environmental Health;
  • Injury Prevention and Control;
  • the National Institute for Occupational Safety and Health;
  • the Energy Employees Occupational Illness Compensation Program;
  • Global Health;
  • Public Health Preparedness and Response;
  • Buildings and Facilities; and
  • CDC-Wide Activities and Program Support.

Provides appropriations to the National Institutes of Health (NIH) for:

  • the National Cancer Institute;
  • the National Heart, Lung, and Blood Institute;
  • the National Institute of Dental and Craniofacial Research;
  • the National Institute of Diabetes and Digestive and Kidney Diseases;
  • the National Institute of Neurological Disorders and Stroke;
  • the National Institute of Allergy and Infectious Diseases;
  • the National Institute of General Medical Sciences;
  • the Eunice Kennedy Shriver National Institute of Child Health and Human Development;
  • the National Eye Institute;
  • the National Institute of Environmental Health Sciences;
  • the National Institute on Aging;
  • the National Institute of Arthritis and Musculoskeletal and Skin Diseases;
  • the National Institute on Deafness and Other Communication Disorders;
  • the National Institute of Nursing Research;
  • the National Institute on Alcohol Abuse and Alcoholism;
  • the National Institute on Drug Abuse;
  • the National Institute of Mental Health;
  • the National Human Genome Research Institute;
  • the National Institute of Biomedical Imaging and Bioengineering;
  • the National Center for Complementary and Integrative Health;
  • the National Institute on Minority Health and Health Disparities;
  • the John E. Fogarty International Center;
  • the National Library of Medicine;
  • the National Center for Advancing Translational Sciences;
  • the Office of the Director;
  • Buildings and Facilities; and
  • the NIH Innovation Account.

Provides appropriations to the Substance Abuse and Mental Health Services Administration for:

  • Mental Health,
  • Substance Abuse Treatment,
  • Substance Abuse Prevention, and
  • Health Surveillance and Program Support.

Provides appropriations to the Agency for Healthcare Research and Quality.

Provides appropriations to the Centers for Medicare and Medicaid Services for:

  • Grants to States for Medicaid,
  • Payments to the Health Care Trust Funds,
  • Program Management, and
  • the Health Care Fraud and Abuse Control Account.

Provides appropriations to the Administration for Children and Families for:

  • Payments to States for Child Support Enforcement and Family Support Programs,
  • Low Income Home Energy Assistance,
  • Refugee and Entrant Assistance,
  • Payments to States for the Child Care and Development Block Grant,
  • the Social Services Block Grant,
  • Children and Families Services Programs,
  • Promoting Safe and Stable Families, and
  • Payments for Foster Care and Permanency.

Provides appropriations to the Administration for Community Living for Aging and Disability Services Programs.

Provides appropriations to the Office of the Secretary for:

  • General Departmental Management,
  • the Office of Medicare Hearings and Appeals,
  • the Office of the National Coordinator for Health Information Technology,
  • the Office of Inspector General,
  • the Office for Civil Rights,
  • Retirement Pay and Medical Benefits for Commissioned Officers, and
  • the Public Health and Social Services Emergency Fund.

(Sec. 201) Limits the funds provided by this title that may be used for official reception and representation expenses.

(Sec. 202) Prohibits funds provided by this title from being used to pay the salary of an individual, through a grant or other extramural mechanism, in excess of Executive Level II.

(Sec. 203) Restricts HHS's use of funds for program evaluation activities unless a report is submitted to Congress regarding the proposed use of the funds or the funds are specifically provided in this division.

(Sec. 204) Permits up to 2.5% of the funds provided for programs authorized under the Public Health Service Act (PHS Act) to be used for the evaluation (directly, or by grants or contracts) and the implementation and effectiveness of programs funded in this title.

(Sec. 205) Sets forth restrictions and requirements for the transfer of HHS funds between appropriations accounts.

(Sec. 206) Permits National Health Service Corps Loan Repayment Program contracts to be cancelled up to 60 days after the execution of a contract awarded in FY2019.

(Sec. 207) Prohibits funds provided by this division from being made available under title X (Population Research and Voluntary Family Planning Programs) of the PHS Act unless the applicant certifies that it: (1) encourages family participation in the decision of minors to seek family planning services, and (2) provides counseling to minors on resisting attempts to coerce minors into engaging in sexual activities.

(Sec. 208) Specifies that no provider of services under title X of the PHS Act may be exempt from any state law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.

(Sec. 209) Prohibits funds provided by this division from being used for the Medicare Advantage program if HHS denies participation to an otherwise eligible entity because it will not provide, pay for, provide coverage of, or provide referrals for abortions.

(Sec. 210) Prohibits funds provided by this title from being used to advocate or promote gun control.

(Sec. 211) Limits the number of Public Health Service employees that may be assigned to assist in child survival activities and to work in AIDS programs through and with funds provided by the U.S. Agency for International Development, the United Nations International Children's Emergency Fund, or the World Health Organization.

(Sec. 212) Permits HHS to exercise specified spending authority to carry out international health activities, including HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during FY2019.

(Sec. 213) Permits the NIH, jointly with the Office of AIDS Research, to transfer specified HIV research funds among NIH institutes and centers if Congress is notified in advance.

(Sec. 214) Makes NIH funds for HIV research available to the Office of AIDS Research.

(Sec. 215) Permits the NIH to use specified funds authorized under the PHS Act to enter into transactions (other than contracts, cooperative agreements, or grants) for research on matters that have not received significant funding relative to other matters, to respond to new issues and scientific emergencies, and to act on high priority research opportunities.

Permits the NIH to utilize certain peer review procedures for the transactions to obtain assessments of scientific and technical merit. Specifies that the procedures apply to the transactions in lieu of certain peer review and advisory council review procedures that would otherwise be required under the PHS Act.

(Sec. 216) Limits the funds that the NIH may use for the alteration, repair, or improvement of facilities.

(Sec. 217) Transfers specified funds provided to the NIH for National Research Service Awards (NRSA) to: (1) the Health Resources and Services Administration to make NRSA awards for research in primary medical care, and (2) to the Agency for Healthcare Research and Quality to make NRSA awards for health service research.

(Sec. 218) Permits the Biomedical Advanced Research and Development Authority (BARDA) to enter into multiyear contracts of up to 10 years for the purchase of research services or of security countermeasures, subject to specified requirements.

(Sec. 219) Requires the HHS budget justifications to include specified details regarding federal employees and contractors involved in activities related to the Patient Protection and Affordable Care Act (PPACA).

(Sec. 220) Requires HHS to include in the FY2020 budget specified details regarding: (1) the uses of funds by the Centers for Medicare and Medicaid Services for health insurance exchanges for each year since the enactment of PPACA, and (2) the proposed uses of the funds for FY2020.

(Sec. 221) Prohibits specified funds provided by this division from being used for payments relating to the risk corridors program established by PPACA.

(Sec. 222) Transfers mandatory funds from the Prevention and Public Health Fund created by PPACA to the accounts and for the activities specified under the heading ''Prevention and Public Health Fund'' in the explanatory statement accompanying this division.

Prohibits HHS from further transferring the funds and specifies that the funds shall be made available without reference to certain existing authorizations of appropriations.

(Sec. 223) Requires HHS to use the recommendations last issued before 2009 to administer any law referring to the current recommendations of the U.S. Preventive Services Task Force for breast cancer screening, mammography, and prevention. Specifies that the requirement applies for the period beginning on November 1, 2015, and ending January 1, 2021.

(Sec. 224) Requires the NIH, in making federal financial assistance, to continue to apply the provisions relating to indirect costs in specified regulations, including with respect to the approval of deviations from negotiated rates, as the NIH applied the provisions in the third quarter of FY2017.

Prohibits the NIH from using funds provided by this division to develop or implement a modified approach to such provisions, or to intentionally or substantially expand the fiscal effect of the approval of the deviations from negotiated rates beyond the proportional effect of the approvals in the quarter.

(Sec. 225) Permits the NIH to 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 after Congress is notified.

(Sec. 226) Requires HHS to report to Congress on: (1) monthly enrollment figures from exchanges established under PPACA, and (2) any new or competitive grant awards authorized under section 330 of the PHS Act. (Section 330 authorizes grants for projects to plan and develop health centers which will serve medically underserved populations.)

(Sec. 227) Permits HHS to transfer specified funds from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to the Centers for Medicare and Medicaid Services to support program management activity related to Medicare. Prohibits the funds from being used to support any provision of PPACA.

(Sec. 228) Rescinds specified unobligated balances from the HHS Nonrecurring Expenses Fund.

(Sec. 229) Requires HHS to report monthly to Congress regarding staffing.

(Sec. 230) Permits appropriations for HHS salaries and expenses to be used for travel and related expenses of an employee or a family member to obtain medical care if: (1) the employee is assigned to duty in the United States or in a U.S. territory at a location where there is a public health emergency, and (2) the medical condition cannot be adequately addressed in that location at that time.

(Sec. 231) Establishes an Infectious Diseases Rapid Response Reserve Fund for carrying out titles II, III, and XVII of the PHS Act to prevent, prepare for, or respond to an infectious disease emergency. Make specified CDC funds available for the reserve fund.

(Sec. 232) Permits HHS to accept donations from the private sector, nongovernmental organizations, and other groups independent of the federal government for the care of unaccompanied alien children in the care of the Office of Refugee Resettlement of the Administration for Children and Families.

(Sec. 233) Requires HHS to submit to 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, including the reunification of children with parents who are no longer in the United States. Specifies requirements for the plan.

Specifies that, if the plan is not submitted by the deadline, HHS may not obligate funds from the Nonrecurring Expenses Fund until the plan has been submitted to Congress. Includes an exception for funds for certain projects identified in the joint explanatory statement.

(Sec. 234) Prohibits funds provided by this division from being used to prevent a Member of Congress from entering, for the purpose of conducting oversight, any U.S. facility used for maintaining custody of or otherwise housing unaccompanied alien children.

TITLE III--DEPARTMENT OF EDUCATION

Department of Education Appropriations Act, 2019

Provides appropriations for agencies and programs within the Department of Education (ED).

Provides appropriations to ED for:

  • Education for the Disadvantaged,
  • Impact Aid,
  • School Improvement Programs,
  • Indian Education,
  • Innovation and Improvement,
  • Safe Schools and Citizenship Education,
  • English Language Acquisition,
  • Special Education, and
  • Rehabilitation Services.

Provides appropriations for Special Institutions for Persons with Disabilities, including:

  • the American Printing House for the Blind,
  • the National Technical Institute for the Deaf, and
  • Gallaudet University.

Provides appropriations to ED for:

  • Career, Technical, and Adult Education,
  • Student Financial Assistance,
  • Student Aid Administration,
  • Higher Education,
  • Howard University,
  • the College Housing and Academic Facilities Loans Program,
  • the Historically Black College and University Capital Financing Program Account, and
  • the Institute of Education Sciences.

Provides appropriations for Departmental Management, including:

  • Program Administration,
  • the Office for Civil Rights, and
  • the Office of Inspector General.

(Sec. 301) Specifies that no funds provided by this division may be used to prevent the implementation of programs of voluntary prayer and meditation in public schools.

(Sec. 302) Permits ED to transfer certain funds between accounts, subject to specified restrictions and requirements.

(Sec. 303) Amends the Compact of Free Association Amendments Act of 2003 to permit the Republic of Palau to continue to receive certain federal funds.

(Sec. 304) Permits funds provided by this division and consolidated for evaluation purposes under the Elementary and Secondary Education Act (ESEA) to be obligated from July 1, 2019, through September 30, 2020.

(Sec. 305) Permits certain institutions of higher education to continue to use endowment income for student scholarships, subject to specified limits and requirements. Applies this section until titles III and V of the Higher Education Act of 1965 (HEA) are reauthorized.

(Sec. 306) Extends through 2019 the authorization of the National Advisory Committee on Institutional Quality and Integrity.

(Sec. 307) Extends through 2019 ED's authority to provide account maintenance fees to guaranty agencies for federal student loans.

(Sec. 308) Permits funds provided by this division for Student Aid Administration to be used for payments for student loan servicing to an institution of higher education that services outstanding Federal Perkins Loans.

(Sec. 309) Allows certain borrowers receiving cancer treatment to defer payments on student loans during: (1) any period in which the borrower is receiving treatment for cancer, and (2) the six months after the treatment period.

(Sec. 310) Rescinds specified discretionary unobligated balances from the Pell grant program.

(Sec. 311) Rescinds specified mandatory FY2019 funds from the Pell grant program.

(Sec. 312) Permits institutions of higher education, with the written consent of an applicant who has completed a Free Application for Federal Student Aid (FAFSA), to provide information collected from an applicant's FAFSA to a scholarship granting organization or an organization assisting the applicant in applying for and receiving federal, state, local, or tribal financial assistance to attend the institution of higher education.

Prohibits organizations that receive information under this section from selling or otherwise sharing the information.

(Sec. 313) Provides additional appropriations to ED for providing loan cancellations, in the same manner as under the Public Service Loan Forgiveness Program, subject to specified requirements.

(Sec. 314) Requires ED to use certain funds provided for Student Aid Administration to conduct specified outreach to borrowers who may intend to qualify for loan cancellation under the Public Service Loan Forgiveness Program to ensure that borrowers are meeting the terms and conditions of the loan cancellation.

(Sec. 315) Modifies the requirements for determining the eligibility of local educational agencies to receive Impact Aid payments. (The Impact Aid program compensates local educational agencies for substantial and continuing financial burdens resulting from federal activities.)

TITLE IV--RELATED AGENCIES

Provides appropriations for the Committee for Purchase From People Who Are Blind or Severely Disabled.

Provides appropriations to the Corporation for National and Community Service (CNCS) for:

  • Operating Expenses,
  • Payment to the National Service Trust,
  • Salaries and Expenses, and
  • the Office of Inspector General.

(Sec. 401) Requires the CNCS to make any significant changes to program requirements, service delivery, or policy through rulemaking. Prohibits CNCS employees from disclosing specified information during a grant selection process to any person other than an officer or employee of CNCS that is authorized by CNCS to receive the information

(Sec. 402) Sets forth minimum share requirements for AmeriCorps programs receiving grants under the National Service Trust program.

(Sec. 403) Requires certain donations made to the CNCS to be used to supplement and not supplant current programs and operations.

(Sec. 404) Requires certain education awards at GI bill-eligible institutions to be limited to veterans.

(Sec. 405) Allows State Commissions on National and Community Service to receive criminal history record information and conduct required background checks for applicants under the terms of the National Child Protection Act of 1993.

Provides appropriations for other related agencies, including:

  • the Corporation for Public Broadcasting,
  • the Federal Mediation and Conciliation Service,
  • the Federal Mine Safety and Health Review Commission,
  • the Institute of Museum and Library Services,
  • the Medicaid and CHIP Payment and Access Commission,
  • the Medicare Payment Advisory Commission,
  • the National Council on Disability, and
  • the National Labor Relations Board.

(Sec. 406) Permits the CNCS to provide a specified national service education award to an individual who successfully completes a term of service of at least 1,200 hours in a year.

(Sec. 407) Prohibits the National Labor Relations Board from using funds to provide employees with electronic voting to determine a collective bargaining representative.

Provides appropriations to: (1) the National Mediation Board, and (2) the Occupational Safety and Health Review Commission.

Provides appropriations to the Railroad Retirement Board for:

  • the Dual Benefits Payments Account,
  • Federal Payments to the Railroad Retirement Accounts,
  • Administration, and
  • the Office of Inspector General.

Provides appropriations to the Social Security Administration (SSA) for:

  • Payments to Social Security Trust Funds,
  • the Supplemental Security Income Program,
  • Administrative Expenses, and
  • the Office of Inspector General.

TITLE V--GENERAL PROVISIONS

(Sec. 501) Permits Labor, HHS, and ED to transfer certain unexpended balances to accounts to be used for the same purposes as the original appropriation.

(Sec. 502) Prohibits funds provided by this division from remaining available for obligation beyond the current fiscal year unless otherwise specified in this division.

(Sec. 503) Prohibits funds provided by this division from being used for lobbying and related activities.

(Sec. 504) Limits the official reception and representation expenses for specified departments and agencies.

(Sec. 505) Requires grantees receiving federal funds provided by this division to clearly state specified details regarding the federal funding and non-governmental funding sources in documents related to federally funded projects.

(Sec. 506) Prohibits funds provided by this division or in any trust fund which received funds in this division from being used for: (1) abortions, or (2) health benefits coverage that includes coverage of abortion.

(Sec. 507) Provides an exception to the prohibition on funding for abortion if: (1) the pregnancy is the result of rape or incest; or (2) a woman suffers from a physical disorder, injury, or illness that would place the woman in danger of death unless an abortion is performed.

Prohibits funds provided by this division from being made available to a federal agency or program, or to a state or local government, if the agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the entity does not provide, pay for, provide coverage of, or refer for abortions.

(Sec. 508) Prohibits the use of funds provided by this division for certain research involving human embryos.

(Sec. 509) Prohibits the use of funds provided by this division for promoting the legalization of certain controlled substances. Includes an exception when there is medical evidence of a therapeutic advantage to the use of the drug or federally sponsored clinical trials are being conducted to determine therapeutic advantage.

(Sec. 510) Prohibits funds provided by this division from being used to promulgate or adopt any final standard 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 that specifically approves the standard.

(Sec. 511) Prohibits funds provided by this division from being used to enter into or renew a contract with a contractor that has not submitted to Labor a required annual report concerning employment of certain veterans.

(Sec. 512) Prohibits the transfer of funds provided by this division to any federal department, agency, or instrumentality, except pursuant to an appropriations Act.

(Sec. 513) Prohibits funds provided by this division from being used for libraries unless they are in compliance with the Children's Internet Protection Act.

(Sec. 514) Sets forth requirements, procedures, and restrictions for the reprogramming of funds.

(Sec. 515) Prohibits funds provided by this division from being used to: (1) request candidates for federal scientific advisory committees to disclose their political affiliation, voting history, or positions on political issues not directly related to and necessary for the work of the committees; or (2) disseminate information that is deliberately false or misleading.

(Sec. 516) Requires departments and agencies funded in this division to submit operating plans that detail any FY2019 funding allocations that are different than those specified in this division, the table included in the joint explanatory statement, or the FY2019 budget request.

(Sec. 517) Requires Labor, HHS, and ED to report to Congress on the number and amounts of certain contracts, grants, and cooperative agreements awarded on a noncompetitive basis.

(Sec. 518) Prohibits the SSA from processing earnings for work performed under a fraudulent Social Security number if the performance of the work has formed the basis of a conviction for violating specified provisions of the Social Security Act.

(Sec. 519) Prohibits the SSA from using funds provided by this division to establish totalization arrangements between the U.S. Social Security system and the social security system of Mexico.

(A totalization agreement coordinates the payment of Social Security taxes and benefits for workers who divide their careers between two countries.)

(Sec. 520) Requires computer networks of agencies funded by this division to block pornography, subject to an exception for law enforcement activities.

(Sec. 521) Prohibits funds from being provided to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, allied organizations, or successors.

(Sec. 522) Sets forth reporting requirements for spending on conferences.

(Sec. 523) Requires agencies funded by this division to clearly state within the text, audio, or video used for advertising or educational purposes, that the communication is printed, published, or produced and disseminated at U.S. taxpayer expense.

(Sec. 524) Permits funds provided by this division to be used to carry out up to 10 Performance Partnership Pilots that: (1) are designed to improve outcomes for disconnected youth; (2) include communities that have recently experienced civil unrest; and (3) involve federal programs targeted on disconnected youth, or designed to prevent youth from disconnecting from school or work, or that provide education, training, employment, and other related social services.

(Sec. 525) Requires Labor, HHS, ED, and SSA to submit specified reports to Congress on the status of balances of appropriations.

(Sec. 526) Rescinds specified funds from the National Service Trust.

(Sec. 527) Rescinds specified funds from the Children's Health Insurance Program (CHIP) state allotments that are unobligated as of September 25, 2019.

(Sec. 528) Prohibits specified amounts deposited in the CHIP Child Enrollment Contingency Fund prior to the beginning of FY2019 and income derived from the investment of the funds from being obligated during the current fiscal year.

(Sec. 529) Restricts the use of funds provided by this division to purchase sterile needles or syringes for the hypodermic injection of any illegal drug.

DIVISION C--CONTINUING APPROPRIATIONS ACT, 2019

Continuing Appropriations Act, 2019

This division provides FY2019 continuing appropriations for agencies that have not been funded when FY2019 begins on October 1, 2018. The division funds the agencies through December 7, 2018, or the enactment of the applicable appropriations legislation.

It is known as a continuing resolution (CR) and prevents a partial government shutdown that would otherwise occur if any of the FY2019 appropriations bills have not been enacted by October 1.

The CR funds most projects and activities at the FY2018 levels with several exceptions that provide funding flexibility and additional appropriations to various programs. It also extends several programs that are scheduled to expire at the end of FY2018.

(Sec. 101) Provides FY2019 appropriations to federal agencies for continuing projects or activities at the levels of, and under the terms and conditions of specified FY2018 appropriations Acts.

(Sec. 102) Specifies that funds provided by section 101 shall be available to the extent and in the manner that would be provided in the pertinent appropriations Act.

(Sec. 103) Prohibits any appropriations or funds made available by section 101 from being used to initiate or resume any project or activity which was not funded in FY2018.

(Sec. 104) Specifies that appropriations made and authority granted pursuant to this division covers all obligations or expenditures incurred for any project or activity during the period of the CR.

(Sec. 105) Continues the appropriations provided by this division through the earlier of December 7, 2018, or the enactment of the applicable appropriations legislation.

(Sec. 106) Requires expenditures for activities funded in this division to be charged to the relevant account when the applicable appropriations bill becomes law.

(Sec. 107) Waives the normal time limitations for submission and approval of apportionments of accounts funded in annual appropriations Acts.

(Sec. 108) Limits disbursements for programs that otherwise would have high initial rates of operation or would complete distribution of funding at the beginning of the fiscal year if those actions would impinge on final congressional funding prerogatives.

(Sec. 109) Requires this division be implemented so that only the most limited funding action permitted by this division is taken in order to provide for continuation of projects and activities.

(Sec. 110) Provides that entitlements and other mandatory payments with budget authority provided in FY2018 appropriations bills and for activities under the Food and Nutrition Act of 2008 shall continue at the rate to maintain program levels under current law and under the authority and conditions provided in the applicable FY2018 appropriations Act for up to 30 days after the expiration of the CR.

(Sec. 111) Permits funding made available by this division for civilian personnel compensation and benefits in each department and agency to be apportioned up to the rate of operations necessary to avoid furloughs. Requires all necessary actions to reduce or defer non-personnel-related administrative expenses to be taken prior to using this authority.

(Sec. 112) Permits funds appropriated by this division to be obligated and expended notwithstanding specified statutory provisions restricting appropriations for foreign assistance, the Department of State, international broadcasting, and intelligence activities in the absence of prior authorizations.

(Sec. 113) Extends designations for Overseas Contingency Operations/ Global War on Terrorism, disaster relief, and emergency requirements to funds provided by this division that previously carried those designations. Provides that amounts designated for Overseas Contingency Operations/ Global War Terrorism or as an emergency requirements shall only be available if the President subsequently designates the amounts and transmits the designations to Congress.

(Sec. 114) Permits funds provided to the Department of Agriculture (USDA) for Child Nutrition Programs to be apportioned up to the rate for operations necessary to ensure that the Summer Electronic Benefit Transfer for Children demonstration projects are operational by May 2019. (The program operates through competitive state grants and provides monthly benefits during the summer to low-income families with school-aged children.)

(Sec. 115) Makes funding available to the Rural Utilities Service Rural Water and Waste Disposal Program Account for a specified amount of direct loans.

(Sec. 116) Accelerates reimbursement to the Commodity Credit Corporation for net realized losses incurred and allows payments to be made to the farmers and ranchers supported by these programs.

(Sec. 117) Provides additional appropriations to the Agricultural Research Service for the operation and maintenance of the National Bio and Agro-Defense Facility.

(Sec. 118) Extends the Violence Against Women Reauthorization Act of 2013.

(Sec. 119) Permits funds provided by this division to the Department of Energy for the Uranium Enrichment Decontamination and Decommissioning Fund to be apportioned up to the rate for operations necessary to avoid disruption of continuing projects and activities. (This account primarily funds the decommissioning and environmental remediation of three federal uranium enrichment facilities in Kentucky, Ohio, and Tennessee.)

(Sec. 120) Specifies funding levels for Southwestern Power Administration Operation and Maintenance account.

(Sec. 121) Provides additional appropriations to the Department of the Treasury for the Departmental Offices--Salaries and Expenses account.

(Sec. 122) Permits the District of Columbia to spend funds collected through local taxes and other non-federal sources.

(Sec. 123) Permits funds provided for the Small Business Administration's Business Loans Program account to be apportioned up to the rate for operations necessary to accommodate increased demand for general business loans authorized under section 7(a) of the Small Business Act.

(Sec. 124) Permits funds provided to Federal Emergency Management Agency (FEMA) Disaster Relief Fund to be apportioned up to the rate of operations necessary to carry out ongoing disaster response and recovery efforts.

(Sec. 125) Permits the Department of Homeland Security (DHS) to transfer specified funds provided for the Science and Technology Directorate--Operations and Support account to USDA for contract support of the operations of the National Bio and Agro-defense Facility.

(Sec. 126) Permits operations and support funds provided to U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and the U.S. Secret Service to be apportioned at a rate of operations necessary to maintain at least the number of staff achieved on September 30, 2018.

(Sec. 127) Permits funds provided to DHS for the U.S. Secret Service--Procurement, Construction, and Improvements account to be apportioned up to the rate for operations necessary to purchase base platform vehicles in support of the fully armored vehicle program.

(Sec. 128) Permits specified funds provided to DHS for the Office of the Secretary and Executive Management; Management Directorate; and Intelligence, Analysis, and Operations Coordination to be apportioned up to the rate for operations necessary to carry out activities previously funded by the DHS Working Capital Fund.

(Sec. 129) Provides additional appropriations to the Indian Health Service for the costs of staffing and operating facilities that were opened, renovated, or expanded in FY2018.

(Sec. 130) Amends the Federal Lands Recreation Enhancement Act to extend through September 30, 2020, the authority of federal agencies to establish, collect, and retain fees on federal recreational lands and waters.

(Sec. 131) Provides additional appropriations for the Environmental Protection Agency (EPA) Hazardous Waste Electronic Manifest System Fund. Allows the funds to be apportioned at different rate and other EPA funds to be transferred as necessary to ensure that the Hazardous Waste Electronic Manifest System becomes fully operational.

(Sec. 132) Extends the authority for the EPA to collect and spend certain fees related to pesticides.

(Sec. 133) Extends the Temporary Assistance for Needy Families (TANF) block grant, the Child Care Entitlement to States, and matching grants to the territories for TANF and child welfare activities.

(Sec. 134) Extends authorities for the transfer of certain funds to the Department of State Consular and Border Security Programs account.

(Sec. 135) Amends the Consolidated Appropriations Act, 2018 to modify the requirements for issuing direct loans and loan guarantees under the Railroad Rehabilitation and Improvement Financing Program.