IA 

115TH CONGRESS 

1ST SESSION H. J. RES. 124 

Making further additional continuing appropriations for fiscal year 2018, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 13, 2017 

Mr. FRELINGHUYSEN submitted the following joint resolution; which was referred to the Committee on Appropriations, and in addition to the Committees on the Budget, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

JOINT RESOLUTION 

Making further additional continuing appropriations for fiscal 

year 2018, and for other purposes. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 DIVISION A—FURTHER ADDITIONAL 

4 CONTINUING APPROPRIATIONS ACT, 2018 

5 SEC. 101. The Continuing Appropriations Act, 2018 

6 (division D of Public Law 115–56) is further amended— 

7 (1) by striking the date specified in section 

8 106(3) and inserting ‘‘January 19, 2018’’; and 

9 (2) by adding after section 142 the following: 


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1 ‘‘SEC. 143. Notwithstanding section 104, amounts 

2 made available by section 111 for ‘Department of Home3 land Security—Coast Guard—Retired Pay’ may be obli4 gated to carry out Retired Pay Reform, as authorized by 

5 part 1 of subtitle D of title VI of the National Defense 

6 Authorization Act for Fiscal Year 2016 (Public Law 114– 

7 92, as amended), and the matter under such heading in 

8 division F of the Consolidated Appropriations Act, 2017 

9 (Public Law 115–31; 131 Stat. 409) shall be applied dur10 ing the period covered by this Act by inserting ‘payment 

11 of continuation pay under section 356 of title 37, United 

12 States Code,’ after ‘payment for career status bonuses,’. 

13 ‘‘SEC. 144. In addition to amounts provided by sec14 tion 101, amounts are provided for ‘Department of Health 

15 and Human Services—Indian Health Service—Indian 

16 Health Services’ at a rate for operations of $11,761,000 

17 and amounts are provided for ‘Department of Health and 

18 Human Services—Indian Health Service—Indian Health 

19 Facilities’ at a rate for operations of $1,104,000, for an 

20 additional amount for costs of staffing and operating 

21 newly constructed facilities; and such amounts may be ap22 portioned up to the rate for operations necessary to staff 

23 and operate newly constructed facilities. 

24 ‘‘SEC. 145. Amounts made available by section 101 

25 for ‘Department of Health and Human Services—AdminVerDate Sep 11 2014 00:00 Dec 14, 2017 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\HJ124.IH HJ124

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1 istration for Children and Families—Refugee and Entrant 

2 Assistance’ may be apportioned up to the rate for oper3 ations necessary to maintain program operations for car4 rying out section 235 of the William Wilberforce Traf5 ficking Victims Protection Reauthorization Act of 2008 (8 

6 U.S.C. 1232) and section 462 of the Homeland Security 

7 Act of 2002 (6 U.S.C. 279) at the level provided in fiscal 

8 year 2017. 

9 ‘‘SEC. 146. Notwithstanding section 101, amounts 

10 are provided for the purposes described in the third para11 graph under the heading ‘Department of Health and 

12 Human Services—Office of the Secretary—Public Health 

13 and Social Services Emergency Fund’ at a rate for oper14 ations of $112,000,000; and such amounts may be appor15 tioned up to the rate for operations necessary to prepare 

16 for or respond to an influenza pandemic. 

17 ‘‘SEC. 147. (a) Notwithstanding any other provision 

18 of law, with respect to the revised security category (as 

19 that term is defined in section 250(c)(4)(D) of the Bal20 anced Budget and Emergency Deficit Control Act of 

21 1985), any sequestration order issued under such Act for 

22 fiscal year 2018 shall have no force or effect. 

23 ‘‘(b) Notwithstanding any other provision of law, with 

24 respect to the revised nonsecurity category (as that term 

25 is defined in section 250(c)(4)(E) of such Act)— 


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1 ‘‘(1) the final sequestration report for fiscal 

2 year 2018 under section 254(f)(1) of such Act shall 

3 be issued, for the Congressional Budget Office, 10 

4 days after the date specified in section 106(3), and 

5 for the Office of Management and Budget, 15 days 

6 after such date; and 

7 ‘‘(2) any order for fiscal year 2018 under sec8 tion 254(f)(5) of such Act shall be issued on the 

9 date the Office of Management and Budget submits 

10 the report pursuant to paragraph (1).’’. 

11 This division may be cited as the ‘‘Further Additional 

12 Continuing Appropriations Act, 2018’’. 

13 DIVISION B—DEFENSE APPROPRIATIONS 

14 Subdivision 1—Department of Defense 

15 Appropriations Act, 2018 

16 The following sums are appropriated, out of any 

17 money in the Treasury not otherwise appropriated, for the 

18 fiscal year ending September 30, 2018, for military func19 tions administered by the Department of Defense and for 

20 other purposes, namely: 

21 TITLE I 

22 MILITARY PERSONNEL 

23 MILITARY PERSONNEL, ARMY

24 For pay, allowances, individual clothing, subsistence, 

25 interest on deposits, gratuities, permanent change of staVerDate Sep 11 2014 00:00 Dec 14, 2017 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\HJ124.IH HJ124

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1 tion travel (including all expenses thereof for organiza2 tional movements), and expenses of temporary duty travel 

3 between permanent duty stations, for members of the 

4 Army on active duty (except members of reserve compo5 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

8 377, as amended (42 U.S.C. 402 note), and to the Depart9 ment of Defense Military Retirement Fund, 

10 $41,427,054,000. 

11 MILITARY PERSONNEL, NAVY

12 For pay, allowances, individual clothing, subsistence, 

13 interest on deposits, gratuities, permanent change of sta14 tion travel (including all expenses thereof for organiza15 tional movements), and expenses of temporary duty travel 

16 between permanent duty stations, for members of the 

17 Navy on active duty (except members of the Reserve pro18 vided for elsewhere), midshipmen, and aviation cadets; for 

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

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

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

22 of Defense Military Retirement Fund, $28,707,918,000 

23 (reduced by $2,000,000) (increased by $2,000,000). 


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1 MILITARY PERSONNEL, MARINE CORPS

2 For pay, allowances, individual clothing, subsistence, 

3 interest on deposits, gratuities, permanent change of sta4 tion travel (including all expenses thereof for organiza5 tional movements), and expenses of temporary duty travel 

6 between permanent duty stations, for members of the Ma7 rine Corps on active duty (except members of the Reserve 

8 provided for elsewhere); and for payments pursuant to sec9 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

10 402 note), and to the Department of Defense Military Re11 tirement Fund, $13,165,714,000. 

12 MILITARY PERSONNEL, AIR FORCE

13 For pay, allowances, individual clothing, subsistence, 

14 interest on deposits, gratuities, permanent change of sta15 tion travel (including all expenses thereof for organiza16 tional movements), and expenses of temporary duty travel 

17 between permanent duty stations, for members of the Air 

18 Force on active duty (except members of reserve compo19 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

22 377, as amended (42 U.S.C. 402 note), and to the Depart23 ment of Defense Military Retirement Fund, 

24 $28,738,320,000. 


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1 RESERVE PERSONNEL, ARMY

2 For pay, allowances, clothing, subsistence, gratuities, 

3 travel, and related expenses for personnel of the Army Re4 serve on active duty under sections 10211, 10302, and 

5 3038 of title 10, United States Code, or while serving on 

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

7 States Code, in connection with performing duty specified 

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

9 while undergoing reserve training, or while performing 

10 drills or equivalent duty or other duty, and expenses au11 thorized by section 16131 of title 10, United States Code; 

12 and for payments to the Department of Defense Military 

13 Retirement Fund, $4,721,128,000. 

14 RESERVE PERSONNEL, NAVY

15 For pay, allowances, clothing, subsistence, gratuities, 

16 travel, and related expenses for personnel of the Navy Re17 serve on active duty under section 10211 of title 10, 

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

19 section 12301(d) of title 10, United States Code, in con20 nection with performing duty specified in section 12310(a) 

21 of title 10, United States Code, or while undergoing re22 serve training, or while performing drills or equivalent 

23 duty, and expenses authorized by section 16131 of title 

24 10, United States Code; and for payments to the DepartVerDate Sep 11 2014 00:00 Dec 14, 2017 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\HJ124.IH HJ124

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1 ment of Defense Military Retirement Fund, 

2 $1,987,662,000. 

3 RESERVE PERSONNEL, MARINE CORPS

4 For pay, allowances, clothing, subsistence, gratuities, 

5 travel, and related expenses for personnel of the Marine 

6 Corps Reserve on active duty under section 10211 of title 

7 10, United States Code, or while serving on active duty 

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

9 in connection with performing duty specified in section 

10 12310(a) of title 10, United States Code, or while under11 going reserve training, or while performing drills or equiv12 alent duty, and for members of the Marine Corps platoon 

13 leaders class, and expenses authorized by section 16131 

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

15 Department of Defense Military Retirement Fund, 

16 $762,793,000. 

17 RESERVE PERSONNEL, AIR FORCE

18 For pay, allowances, clothing, subsistence, gratuities, 

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

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

21 8038 of title 10, United States Code, or while serving on 

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

23 States Code, in connection with performing duty specified 

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

25 while undergoing reserve training, or while performing 


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1 drills or equivalent duty or other duty, and expenses au2 thorized by section 16131 of title 10, United States Code; 

3 and for payments to the Department of Defense Military 

4 Retirement Fund, $1,808,434,000. 

5 NATIONAL GUARD PERSONNEL, ARMY

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

7 travel, and related expenses for personnel of the Army Na8 tional Guard while on duty under sections 10211, 10302, 

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

10 States Code, or while serving on duty under section 

11 12301(d) of title 10 or section 502(f) of title 32, United 

12 States Code, in connection with performing duty specified 

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

14 while undergoing training, or while performing drills or 

15 equivalent duty or other duty, and expenses authorized by 

16 section 16131 of title 10, United States Code; and for pay17 ments to the Department of Defense Military Retirement 

18 Fund, $8,252,426,000. 

19 NATIONAL GUARD PERSONNEL, AIR FORCE

20 For pay, allowances, clothing, subsistence, gratuities, 

21 travel, and related expenses for personnel of the Air Na22 tional Guard on duty under sections 10211, 10305, or 

23 12402 of title 10 or section 708 of title 32, United States 

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

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


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1 in connection with performing duty specified in section 

2 12310(a) of title 10, United States Code, or while under3 going training, or while performing drills or equivalent 

4 duty or other duty, and expenses authorized by section 

5 16131 of title 10, United States Code; and for payments 

6 to the Department of Defense Military Retirement Fund, 

7 $3,406,137,000. 

8 TITLE II 

9 OPERATION AND MAINTENANCE 

10 OPERATION AND MAINTENANCE, ARMY

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance of the Army, as author13 ized by law, $38,483,846,000 (reduced by $5,000,000) 

14 (reduced by $5,600,000) (reduced by $6,000,000): Pro15 vided, That not to exceed $12,478,000 can be used for 

16 emergencies and extraordinary expenses, to be expended 

17 on the approval or authority of the Secretary of the Army, 

18 and payments may be made on his certificate of necessity 

19 for confidential military purposes. 

20 OPERATION AND MAINTENANCE, NAVY

21 For expenses, not otherwise provided for, necessary 

22 for the operation and maintenance of the Navy and the 

23 Marine Corps, as authorized by law, $45,980,133,000 (re24 duced by $598,000) (reduced by $7,000,000): Provided, 

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1 gencies and extraordinary expenses, to be expended on the 

2 approval or authority of the Secretary of the Navy, and 

3 payments may be made on his certificate of necessity for 

4 confidential military purposes. 

5 OPERATION AND MAINTENANCE, MARINE CORPS

6 For expenses, not otherwise provided for, necessary 

7 for the operation and maintenance of the Marine Corps, 

8 as authorized by law, $6,885,884,000. 

9 OPERATION AND MAINTENANCE, AIR FORCE

10 For expenses, not otherwise provided for, necessary 

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

12 authorized by law, $38,592,745,000: Provided, That not 

13 to exceed $7,699,000 can be used for emergencies and ex14 traordinary expenses, to be expended on the approval or 

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

16 may be made on his certificate of necessity for confidential 

17 military purposes. 

18 OPERATION AND MAINTENANCE, DEFENSE-WIDE

19 (INCLUDING TRANSFER OF FUNDS)

20 For expenses, not otherwise provided for, necessary 

21 for the operation and maintenance of activities and agen22 cies of the Department of Defense (other than the military 

23 departments), as authorized by law, $33,771,769,000 (in24 creased by $5,000,000) (reduced by $10,000,000) (re25 duced by $100,000) (increased by $100,000) (reduced by 


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1 $194,897,000) (increased by $194,897,000) (reduced by 

2 $26,200,000) (reduced by $20,000,000) (reduced by 

3 $6,000,000) (reduced by $4,000,000) (reduced by 

4 $20,000,000) (reduced by $1,000,000) (reduced by 

5 $10,000,000) (reduced by $2,500,000) (reduced by 

6 $2,000,000) (reduced by $8,000,000) (reduced by 

7 $6,250,000) (reduced by $10,000,000) (reduced by 

8 $10,000,000) (reduced by $30,000,000) (reduced by 

9 $34,734,000) (reduced by $60,000,000): Provided, That 

10 not more than $15,000,000 may be used for the Combat11 ant Commander Initiative Fund authorized under section 

12 166a of title 10, United States Code: Provided further, 

13 That not to exceed $36,000,000 can be used for emer14 gencies and extraordinary expenses, to be expended on the 

15 approval or authority of the Secretary of Defense, and 

16 payments may be made on his certificate of necessity for 

17 confidential military purposes: Provided further, That of 

18 the funds provided under this heading, not less than 

19 $38,458,000 shall be made available for the Procurement 

20 Technical Assistance Cooperative Agreement Program, of 

21 which not less than $3,600,000 shall be available for cen22 ters defined in 10 U.S.C. 2411(1)(D): Provided further, 

23 That none of the funds appropriated or otherwise made 

24 available by this Act may be used to plan or implement 

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1 fice of the Office of the Secretary of Defense, the office 

2 of the Secretary of a military department, or the service 

3 headquarters of one of the Armed Forces into a legislative 

4 affairs or legislative liaison office: Provided further, That 

5 $9,385,000, to remain available until expended, is avail6 able only for expenses relating to certain classified activi7 ties, and may be transferred as necessary by the Secretary 

8 of Defense to operation and maintenance appropriations 

9 or research, development, test and evaluation appropria10 tions, to be merged with and to be available for the same 

11 time period as the appropriations to which transferred: 

12 Provided further, That any ceiling on the investment item 

13 unit cost of items that may be purchased with operation 

14 and maintenance funds shall not apply to the funds de15 scribed in the preceding proviso: Provided further, That 

16 of the funds provided under this heading, $415,000,000, 

17 of which $100,000,000 to remain available until Sep18 tember 30, 2019, shall be available to provide support and 

19 assistance to foreign security forces or other groups or in20 dividuals to conduct, support or facilitate counterter21 rorism, crisis response, or other Department of Defense 

22 security cooperation programs: Provided further, That the 

23 transfer authority provided under this heading is in addi24 tion to any other transfer authority provided elsewhere in 

25 this Act. 


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1 OPERATION AND MAINTENANCE, ARMY RESERVE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Army Reserve; re5 pair of facilities and equipment; hire of passenger motor 

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $2,870,163,000. 

9 OPERATION AND MAINTENANCE, NAVY RESERVE

10 For expenses, not otherwise provided for, necessary 

11 for the operation and maintenance, including training, or12 ganization, and administration, of the Navy Reserve; re13 pair of facilities and equipment; hire of passenger motor 

14 vehicles; travel and transportation; care of the dead; re15 cruiting; procurement of services, supplies, and equip16 ment; and communications, $1,038,507,000. 

17 OPERATION AND MAINTENANCE, MARINE CORPS

18 RESERVE

19 For expenses, not otherwise provided for, necessary 

20 for the operation and maintenance, including training, or21 ganization, and administration, of the Marine Corps Re22 serve; repair of facilities and equipment; hire of passenger 

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

24 recruiting; procurement of services, supplies, and equip25 ment; and communications, $282,337,000. 


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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance, including training, or4 ganization, and administration, of the Air Force Reserve; 

5 repair of facilities and equipment; hire of passenger motor 

6 vehicles; travel and transportation; care of the dead; re7 cruiting; procurement of services, supplies, and equip8 ment; and communications, $3,233,745,000. 

9 OPERATION AND MAINTENANCE, ARMY NATIONAL

10 GUARD

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

13 hospital treatment and related expenses in non-Federal 

14 hospitals; maintenance, operation, and repairs to struc15 tures and facilities; hire of passenger motor vehicles; per16 sonnel services in the National Guard Bureau; travel ex17 penses (other than mileage), as authorized by law for 

18 Army personnel on active duty, for Army National Guard 

19 division, regimental, and battalion commanders while in20 specting units in compliance with National Guard Bureau 

21 regulations when specifically authorized by the Chief, Na22 tional Guard Bureau; supplying and equipping the Army 

23 National Guard as authorized by law; and expenses of re24 pair, modification, maintenance, and issue of supplies and 

25 equipment (including aircraft), $7,275,820,000. 


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1 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

2 For expenses of training, organizing, and admin3 istering the Air National Guard, including medical and 

4 hospital treatment and related expenses in non-Federal 

5 hospitals; maintenance, operation, and repairs to struc6 tures and facilities; transportation of things, hire of pas7 senger motor vehicles; supplying and equipping the Air 

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

9 modification, maintenance, and issue of supplies and 

10 equipment, including those furnished from stocks under 

11 the control of agencies of the Department of Defense; 

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

13 authorized by law for Air National Guard personnel on 

14 active Federal duty, for Air National Guard commanders 

15 while inspecting units in compliance with National Guard 

16 Bureau regulations when specifically authorized by the 

17 Chief, National Guard Bureau, $6,735,930,000. 

18 UNITED STATES COURT OF APPEALS FOR THE ARMED

19 FORCES

20 For salaries and expenses necessary for the United 

21 States Court of Appeals for the Armed Forces, 

22 $14,538,000, of which not to exceed $5,000 may be used 

23 for official representation purposes. 


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1 ENVIRONMENTAL RESTORATION, ARMY

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Army, $215,809,000, to 

4 remain available until transferred: Provided, That the Sec5 retary of the Army shall, upon determining that such 

6 funds are required for environmental restoration, reduc7 tion and recycling of hazardous waste, removal of unsafe 

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

9 for similar purposes, transfer the funds made available by 

10 this appropriation to other appropriations made available 

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

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

13 time period as the appropriations to which transferred: 

14 Provided further, That upon a determination that all or 

15 part of the funds transferred from this appropriation are 

16 not necessary for the purposes provided herein, such 

17 amounts may be transferred back to this appropriation: 

18 Provided further, That the transfer authority provided 

19 under this heading is in addition to any other transfer au20 thority provided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, NAVY

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of the Navy, $288,915,000 (in24 creased by $34,734,000) (increased by $30,000,000), to 

25 remain available until transferred: Provided, That the SecVerDate Sep 11 2014 00:00 Dec 14, 2017 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\HJ124.IH HJ124

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1 retary of the Navy shall, upon determining that such 

2 funds are required for environmental restoration, reduc3 tion and recycling of hazardous waste, removal of unsafe 

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

5 for similar purposes, transfer the funds made available by 

6 this appropriation to other appropriations made available 

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

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

9 time period as the appropriations to which transferred: 

10 Provided further, That upon a determination that all or 

11 part of the funds transferred from this appropriation are 

12 not necessary for the purposes provided herein, such 

13 amounts may be transferred back to this appropriation: 

14 Provided further, That the transfer authority provided 

15 under this heading is in addition to any other transfer au16 thority provided elsewhere in this Act. 

17 ENVIRONMENTAL RESTORATION, AIR FORCE

18 (INCLUDING TRANSFER OF FUNDS)

19 For the Department of the Air Force, $308,749,000 

20 (increased by $30,000,000), to remain available until 

21 transferred: Provided, That the Secretary of the Air Force 

22 shall, upon determining that such funds are required for 

23 environmental restoration, reduction and recycling of haz24 ardous waste, removal of unsafe buildings and debris of 

25 the Department of the Air Force, or for similar purposes, 


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1 transfer the funds made available by this appropriation 

2 to other appropriations made available to the Department 

3 of the Air Force, to be merged with and to be available 

4 for the same purposes and for the same time period as 

5 the appropriations to which transferred: Provided further, 

6 That upon a determination that all or part of the funds 

7 transferred from this appropriation are not necessary for 

8 the purposes provided herein, such amounts may be trans9 ferred back to this appropriation: Provided further, That 

10 the transfer authority provided under this heading is in 

11 addition to any other transfer authority provided else12 where in this Act. 

13 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

14 (INCLUDING TRANSFER OF FUNDS)

15 For the Department of Defense, $9,002,000 (in16 creased by $10,000,000), to remain available until trans17 ferred: Provided, That the Secretary of Defense shall, 

18 upon determining that such funds are required for envi19 ronmental restoration, reduction and recycling of haz20 ardous waste, removal of unsafe buildings and debris of 

21 the Department of Defense, or for similar purposes, trans22 fer the funds made available by this appropriation to other 

23 appropriations made available to the Department of De24 fense, to be merged with and to be available for the same 

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1 tions to which transferred: Provided further, That upon 

2 a determination that all or part of the funds transferred 

3 from this appropriation are not necessary for the purposes 

4 provided herein, such amounts may be transferred back 

5 to this appropriation: Provided further, That the transfer 

6 authority provided under this heading is in addition to any 

7 other transfer authority provided elsewhere in this Act. 

8 ENVIRONMENTAL RESTORATION, FORMERLY USED

9 DEFENSE SITES

10 (INCLUDING TRANSFER OF FUNDS)

11 For the Department of the Army, $233,673,000, to 

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

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

16 buildings and debris at sites formerly used by the Depart17 ment of Defense, transfer the funds made available by this 

18 appropriation to other appropriations made available to 

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

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

21 period as the appropriations to which transferred: Pro22 vided further, That upon a determination that all or part 

23 of the funds transferred from this appropriation are not 

24 necessary for the purposes provided herein, such amounts 

25 may be transferred back to this appropriation: Provided 


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1 further, That the transfer authority provided under this 

2 heading is in addition to any other transfer authority pro3 vided elsewhere in this Act. 

4 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

5 For expenses relating to the Overseas Humanitarian, 

6 Disaster, and Civic Aid programs of the Department of 

7 Defense (consisting of the programs provided under sec8 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

9 United States Code), $107,900,000, to remain available 

10 until September 30, 2018. 

11 COOPERATIVE THREAT REDUCTION ACCOUNT

12 For assistance, including assistance provided by con13 tract or by grants, under programs and activities of the 

14 Department of Defense Cooperative Threat Reduction 

15 Program authorized under the Department of Defense Co16 operative Threat Reduction Act, $324,600,000, to remain 

17 available until September 30, 2019. 

18 OPERATION AND MAINTENANCE, NATIONAL DEFENSE

19 RESTORATION FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 In addition to amounts provided elsewhere in this 

22 Act, there is appropriated $5,000,000,000, for the ‘‘Oper23 ation and Maintenance, National Defense Restoration 

24 Fund’’: Provided, That such funds provided under this 

25 heading shall only be available for programs, projects and 


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1 activities necessary to implement the 2018 National De2 fense Strategy: Provided further, That such funds shall not 

3 be available for transfer until 30 days after the Secretary 

4 has submitted, and the congressional defense committees 

5 have approved, the proposed allocation plan for the use 

6 of such funds to implement such strategy: Provided fur7 ther, That such allocation plan shall include a detailed jus8 tification for the use of such funds and a description of 

9 how such investments are necessary to implement the 

10 strategy: Provided further, That the Secretary of Defense 

11 may transfer these funds only to operation and mainte12 nance accounts: Provided further, That the funds trans13 ferred shall be merged with and shall be available for the 

14 same purposes and for the same time period, as the appro15 priation to which transferred: Provided further, That none 

16 of the funds made available under this heading may be 

17 transferred to any program, project, or activity specifically 

18 limited or denied by this Act: Provided further, That the 

19 transfer authority provided under this heading is in addi20 tion to any other transfer authority available to the De21 partment of Defense. 


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1 TITLE III 

2 PROCUREMENT 

3 AIRCRAFT PROCUREMENT, ARMY

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

6 ordnance, ground handling equipment, spare parts, and 

7 accessories therefor; specialized equipment and training 

8 devices; expansion of public and private plants, including 

9 the land necessary therefor, for the foregoing purposes, 

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

11 and construction prosecuted thereon prior to approval of 

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

14 reserve plant and Government and contractor-owned 

15 equipment layaway; and other expenses necessary for the 

16 foregoing purposes, $4,456,533,000, to remain available 

17 for obligation until September 30, 2020. 

18 MISSILE PROCUREMENT, ARMY

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

21 ordnance, ground handling equipment, spare parts, and 

22 accessories therefor; specialized equipment and training 

23 devices; expansion of public and private plants, including 

24 the land necessary therefor, for the foregoing purposes, 

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


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1 and construction prosecuted thereon prior to approval of 

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

4 reserve plant and Government and contractor-owned 

5 equipment layaway; and other expenses necessary for the 

6 foregoing purposes, $2,581,600,000, to remain available 

7 for obligation until September 30, 2020. 

8 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

9 VEHICLES, ARMY

10 For construction, procurement, production, and 

11 modification of weapons and tracked combat vehicles, 

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

14 expansion of public and private plants, including the land 

15 necessary therefor, for the foregoing purposes, and such 

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

18 procurement and installation of equipment, appliances, 

19 and machine tools in public and private plants; reserve 

20 plant and Government and contractor-owned equipment 

21 layaway; and other expenses necessary for the foregoing 

22 purposes, $3,556,175,000, to remain available for obliga23 tion until September 30, 2020. 


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1 PROCUREMENT OF AMMUNITION, ARMY

2 For construction, procurement, production, and 

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

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

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

14 for the foregoing purposes, $1,811,808,000, to remain 

15 available for obligation until September 30, 2020. 

16 OTHER PROCUREMENT, ARMY

17 For construction, procurement, production, and 

18 modification of vehicles, including tactical, support, and 

19 non-tracked combat vehicles; the purchase of passenger 

20 motor vehicles for replacement only; communications and 

21 electronic equipment; other support equipment; spare 

22 parts, ordnance, and accessories therefor; specialized 

23 equipment and training devices; expansion of public and 

24 private plants, including the land necessary therefor, for 

25 the foregoing purposes, and such lands and interests 


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1 therein, may be acquired, and construction prosecuted 

2 thereon prior to approval of title; and procurement and 

3 installation of equipment, appliances, and machine tools 

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

6 expenses necessary for the foregoing purposes, 

7 $6,356,044,000 (increased by $30,000,000), to remain 

8 available for obligation until September 30, 2020. 

9 AIRCRAFT PROCUREMENT, NAVY

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

12 ordnance, spare parts, and accessories therefor; specialized 

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

16 thereon prior to approval of title; and procurement and 

17 installation of equipment, appliances, and machine tools 

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

20 $17,908,270,000, to remain available for obligation until 

21 September 30, 2020. 

22 WEAPONS PROCUREMENT, NAVY

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


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1 and accessories therefor; expansion of public and private 

2 plants, including the land necessary therefor, and such 

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

5 procurement and installation of equipment, appliances, 

6 and machine tools in public and private plants; reserve 

7 plant and Government and contractor-owned equipment 

8 layaway, $3,387,826,000 (increased by $26,200,000), to 

9 remain available for obligation until September 30, 2020. 

10 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

11 CORPS

12 For construction, procurement, production, and 

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

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

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

24 for the foregoing purposes, $735,651,000, to remain avail25 able for obligation until September 30, 2020. 


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1 SHIPBUILDING AND CONVERSION, NAVY

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

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

8 long lead time components and designs for vessels to be 

9 constructed or converted in the future; and expansion of 

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

12 and construction prosecuted thereon prior to approval of 

13 title, as follows: 

14 Ohio Replacement Submarine (AP), 

15 $842,853,000; 

16 Carrier Replacement Program, $1,869,646,000; 

17 Carrier Replacement Program (AP), 

18 $2,561,058,000; 

19 Virginia Class Submarine, $3,305,315,000; 

20 Virginia Class Submarine (AP), 

21 $1,920,596,000; 

22 CVN Refueling Overhauls, $1,569,669,000; 

23 CVN Refueling Overhauls (AP), $75,897,000; 

24 DDG–1000 Program, $164,976,000; 

25 DDG–51 Destroyer, $3,499,079,000; 


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1 DDG–51 Destroyer (AP), $90,336,000; 

2 Littoral Combat Ship, $1,566,971,000; 

3 Expeditionary Sea Base, $635,000,000; 

4 LHA Replacement, $1,695,077,000; 

5 TAO Fleet Oiler, $449,415,000; 

6 TAO Fleet Oiler (AP), $75,068,000; 

7 Ship to Shore Connector, $390,554,000; 

8 Service Craft, $23,994,000; 

9 Towing, Salvage, and Rescue Ship, 

10 $76,204,000; 

11 LCU 1700, $31,850,000; 

12 For outfitting, post delivery, conversions, and 

13 first destination transportation, $542,626,000; and 

14 Completion of Prior Year Shipbuilding Pro15 grams, $117,542,000. 

16 In all: $21,503,726,000, to remain available for obli17 gation until September 30, 2022: Provided, That addi18 tional obligations may be incurred after September 30, 

19 2022, for engineering services, tests, evaluations, and 

20 other such budgeted work that must be performed in the 

21 final stage of ship construction: Provided further, That 

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


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1 components of such vessel: Provided further, That none 

2 of the funds provided under this heading shall be used 

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

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

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

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

13 OTHER PROCUREMENT, NAVY

14 For procurement, production, and modernization of 

15 support equipment and materials not otherwise provided 

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

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

18 of passenger motor vehicles for replacement only; expan19 sion of public and private plants, including the land nec20 essary therefor, and such lands and interests therein, may 

21 be acquired, and construction prosecuted thereon prior to 

22 approval of title; and procurement and installation of 

23 equipment, appliances, and machine tools in public and 

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1 tractor-owned equipment layaway, $7,852,952,000, to re2 main available for obligation until September 30, 2020. 

3 PROCUREMENT, MARINE CORPS

4 For expenses necessary for the procurement, manu5 facture, and modification of missiles, armament, military 

6 equipment, spare parts, and accessories therefor; plant 

7 equipment, appliances, and machine tools, and installation 

8 thereof in public and private plants; reserve plant and 

9 Government and contractor-owned equipment layaway; ve10 hicles for the Marine Corps, including the purchase of pas11 senger motor vehicles for replacement only; and expansion 

12 of public and private plants, including land necessary 

13 therefor, and such lands and interests therein, may be ac14 quired, and construction prosecuted thereon prior to ap15 proval of title, $1,818,846,000 (increased by 

16 $20,000,000), to remain available for obligation until Sep17 tember 30, 2020. 

18 AIRCRAFT PROCUREMENT, AIR FORCE

19 For construction, procurement, and modification of 

20 aircraft and equipment, including armor and armament, 

21 specialized ground handling equipment, and training de22 vices, spare parts, and accessories therefor; specialized 

23 equipment; expansion of public and private plants, Gov24 ernment-owned equipment and installation thereof in such 

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


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1 the foregoing purposes, and such lands and interests 

2 therein, may be acquired, and construction prosecuted 

3 thereon prior to approval of title; reserve plant and Gov4 ernment and contractor-owned equipment layaway; and 

5 other expenses necessary for the foregoing purposes in6 cluding rents and transportation of things, 

7 $16,553,196,000 (increased by $16,000,000), to remain 

8 available for obligation until September 30, 2020. 

9 MISSILE PROCUREMENT, AIR FORCE

10 For construction, procurement, and modification of 

11 missiles, rockets, and related equipment, including spare 

12 parts and accessories therefor; ground handling equip13 ment, and training devices; expansion of public and pri14 vate plants, Government-owned equipment and installa15 tion thereof in such plants, erection of structures, and ac16 quisition of land, for the foregoing purposes, and such 

17 lands and interests therein, may be acquired, and con18 struction prosecuted thereon prior to approval of title; re19 serve plant and Government and contractor-owned equip20 ment layaway; and other expenses necessary for the fore21 going purposes including rents and transportation of 

22 things, $2,203,101,000, to remain available for obligation 

23 until September 30, 2020. 


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1 SPACE PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of 

3 spacecraft, rockets, and related equipment, including 

4 spare parts and accessories therefor; ground handling 

5 equipment, and training devices; expansion of public and 

6 private plants, Government-owned equipment and installa7 tion thereof in such plants, erection of structures, and ac8 quisition of land, for the foregoing purposes, and such 

9 lands and interests therein, may be acquired, and con10 struction prosecuted thereon prior to approval of title; re11 serve plant and Government and contractor-owned equip12 ment layaway; and other expenses necessary for the fore13 going purposes including rents and transportation of 

14 things, $3,210,355,000, to remain available for obligation 

15 until September 30, 2020. 

16 PROCUREMENT OF AMMUNITION, AIR FORCE

17 For construction, procurement, production, and 

18 modification of ammunition, and accessories therefor; spe19 cialized equipment and training devices; expansion of pub20 lic and private plants, including ammunition facilities, au21 thorized by section 2854 of title 10, United States Code, 

22 and the land necessary therefor, for the foregoing pur23 poses, and such lands and interests therein, may be ac24 quired, and construction prosecuted thereon prior to ap25 proval of title; and procurement and installation of equipVerDate Sep 11 2014 00:00 Dec 14, 2017 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\HJ124.IH HJ124

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1 ment, appliances, and machine tools in public and private 

2 plants; reserve plant and Government and contractor3 owned equipment layaway; and other expenses necessary 

4 for the foregoing purposes, $1,316,977,000, to remain 

5 available for obligation until September 30, 2020. 

6 OTHER PROCUREMENT, AIR FORCE

7 For procurement and modification of equipment (in8 cluding ground guidance and electronic control equipment, 

9 and ground electronic and communication equipment), 

10 and supplies, materials, and spare parts therefor, not oth11 erwise provided for; the purchase of passenger motor vehi12 cles for replacement only; lease of passenger motor vehi13 cles; and expansion of public and private plants, Govern14 ment-owned equipment and installation thereof in such 

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

16 the foregoing purposes, and such lands and interests 

17 therein, may be acquired, and construction prosecuted 

18 thereon, prior to approval of title; reserve plant and Gov19 ernment and contractor-owned equipment layaway, 

20 $19,318,814,000, to remain available for obligation until 

21 September 30, 2020. 

22 PROCUREMENT, DEFENSE-WIDE

23 For expenses of activities and agencies of the Depart24 ment of Defense (other than the military departments) 

25 necessary for procurement, production, and modification 


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1 of equipment, supplies, materials, and spare parts there2 for, not otherwise provided for; the purchase of passenger 

3 motor vehicles for replacement only; expansion of public 

4 and private plants, equipment, and installation thereof in 

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

6 for the foregoing purposes, and such lands and interests 

7 therein, may be acquired, and construction prosecuted 

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

10 $5,239,239,000 (reduced by $10,000,000), to remain 

11 available for obligation until September 30, 2020. 

12 DEFENSE PRODUCTION ACT PURCHASES

13 For activities by the Department of Defense pursuant 

14 to sections 108, 301, 302, and 303 of the Defense Produc15 tion Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), 

16 $67,401,000, to remain available until expended. 

17 PROCUREMENT, NATIONAL DEFENSE RESTORATION

18 FUND

19 (INCLUDING TRANSFER OF FUNDS)

20 In addition to amounts provided elsewhere in this 

21 Act, there is appropriated $12,622,931,000, for the ‘‘Pro22 curement, National Defense Restoration Fund’’: Provided, 

23 That such funds provided under this heading shall only 

24 be available for programs, projects and activities necessary 

25 to implement the 2018 National Defense Strategy: ProVerDate Sep 11 2014 00:00 Dec 14, 2017 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\HJ124.IH HJ124

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1 vided further, That such funds shall not be available for 

2 transfer until 30 days after the Secretary has submitted, 

3 and the congressional defense committees have approved, 

4 the proposed allocation plan for the use of such funds to 

5 implement such strategy: Provided further, That such allo6 cation plan shall include a detailed justification for the use 

7 of such funds and a description of how such investments 

8 are necessary to implement the strategy: Provided further, 

9 That the Secretary of Defense may transfer these funds 

10 only to procurement accounts: Provided further, That the 

11 funds transferred shall be merged with and shall be avail12 able for the same purposes and for the same time period, 

13 as the appropriation to which transferred: Provided fur14 ther, That none of the funds made available under this 

15 heading may be transferred to any program, project, or 

16 activity specifically limited or denied by this Act, except 

17 for missile defense requirements resulting from urgent or 

18 emergent operational needs: Provided further, That the 

19 transfer authority provided under this heading is in addi20 tion to any other transfer authority available to the De21 partment of Defense. 


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1 TITLE IV 

2 RESEARCH, DEVELOPMENT, TEST AND 

3 EVALUATION 

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

5 ARMY

6 For expenses necessary for basic and applied sci7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, $9,674,222,000 (increased by 

10 $6,000,000) (increased by $4,000,000) (increased by 

11 $12,000,000) (increased by $5,000,000), to remain avail12 able for obligation until September 30, 2019. 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 NAVY

15 For expenses necessary for basic and applied sci16 entific research, development, test and evaluation, includ17 ing maintenance, rehabilitation, lease, and operation of fa18 cilities and equipment, $17,196,521,000 (increased by 

19 $598,000) (increased by $20,000,000) (reduced by 

20 $2,500,000) (increased by $24,000,000), to remain avail21 able for obligation until September 30, 2019: Provided, 

22 That funds appropriated in this paragraph which are 

23 available for the V–22 may be used to meet unique oper24 ational requirements of the Special Operations Forces. 


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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment, $33,874,980,000 (increased by 

7 $5,000,000) (increased by $6,000,000) (increased by 

8 $10,000,000) (reduced by $30,000,000) (increased by 

9 $30,000,000), to remain available for obligation until Sep10 tember 30, 2019. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 DEFENSE-WIDE

13 (INCLUDING TRANSFER OF FUNDS)

14 For expenses of activities and agencies of the Depart15 ment of Defense (other than the military departments), 

16 necessary for basic and applied scientific research, devel17 opment, test and evaluation; advanced research projects 

18 as may be designated and determined by the Secretary 

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

20 lease, and operation of facilities and equipment, 

21 $20,698,353,000 (reduced by $16,000,000) (reduced by 

22 $12,000,000) (reduced by $2,500,000) (reduced by 

23 $12,500,000) (increased by $20,000,000) (reduced by 

24 $20,000,000) (reduced by $4,135,000) (increased by 

25 $4,135,000) (reduced by $27,500,000) (increased by 


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1 $10,000,000), to remain available for obligation until Sep2 tember 30, 2019: Provided, That, of the funds made avail3 able in this paragraph, $250,000,000 for the Defense 

4 Rapid Innovation Program shall only be available for ex5 penses, not otherwise provided for, to include program 

6 management and oversight, to conduct research, develop7 ment, test and evaluation to include proof of concept dem8 onstration; engineering, testing, and validation; and tran9 sition to full-scale production: Provided further, That the 

10 Secretary of Defense may transfer funds provided herein 

11 for the Defense Rapid Innovation Program to appropria12 tions for research, development, test and evaluation to ac13 complish the purpose provided herein: Provided further, 

14 That this transfer authority is in addition to any other 

15 transfer authority available to the Department of Defense: 

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

17 fewer than 30 days prior to making transfers from this 

18 appropriation, notify the congressional defense committees 

19 in writing of the details of any such transfer. 

20 OPERATIONAL TEST AND EVALUATION, DEFENSE

21 For expenses, not otherwise provided for, necessary 

22 for the independent activities of the Director, Operational 

23 Test and Evaluation, in the direction and supervision of 

24 operational test and evaluation, including initial oper25 ational test and evaluation which is conducted prior to, 


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1 and in support of, production decisions; joint operational 

2 testing and evaluation; and administrative expenses in 

3 connection therewith, $210,900,000, to remain available 

4 for obligation until September 30, 2019. 

5 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

6 NATIONAL DEFENSE RESTORATION FUND

7 (INCLUDING TRANSFER OF FUNDS)

8 In addition to amounts provided elsewhere in this 

9 Act, there is appropriated $1,000,000,000, for the ‘‘Re10 search, Development, Test and Evaluation, National De11 fense Restoration Fund’’: Provided, That such funds pro12 vided under this heading shall only be available for pro13 grams, projects and activities necessary to implement the 

14 2018 National Defense Strategy: Provided further, That 

15 such funds shall not be available for transfer until 30 days 

16 after the Secretary has submitted, and the congressional 

17 defense committees have approved, the proposed allocation 

18 plan for the use of such funds to implement such strategy: 

19 Provided further, That such allocation plan shall include 

20 a detailed justification for the use of such funds and a 

21 description of how such investments are necessary to im22 plement the strategy: Provided further, That the Secretary 

23 of Defense may transfer these funds only to research, de24 velopment, test and evaluation accounts: Provided further, 

25 That the funds transferred shall be merged with and shall 


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

2 period, as the appropriation to which transferred: Pro3 vided further, That none of the funds made available under 

4 this heading may be transferred to any program, project, 

5 or activity specifically limited or denied by this Act, except 

6 for missile defense requirements resulting from urgent or 

7 emergent operational needs: Provided further, That the 

8 transfer authority provided under this heading is in addi9 tion to any other transfer authority available to the De10 partment of Defense. 

11 TITLE V 

12 REVOLVING AND MANAGEMENT FUNDS 

13 DEFENSE WORKING CAPITAL FUNDS

14 For the Defense Working Capital Funds, 

15 $1,586,596,000. 

16 TITLE VI 

17 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

18 DEFENSE HEALTH PROGRAM

19 For expenses, not otherwise provided for, for medical 

20 and health care programs of the Department of Defense 

21 as authorized by law, $33,931,566,000 (increased by 

22 $7,000,000) (increased by $1,000,000) (increased by 

23 $10,000,000) (increased by $2,000,000) (increased by 

24 $2,000,000) (increased by $10,000,000) (increased by 

25 $5,000,000) (increased by $10,000,000); of which 


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1 $31,735,923,000 (increased by $2,000,000) (increased by 

2 $5,000,000) shall be for operation and maintenance, of 

3 which not to exceed one percent shall remain available for 

4 obligation until September 30, 2019, and of which up to 

5 $15,349,700,000 may be available for contracts entered 

6 into under the TRICARE program; of which 

7 $895,328,000, to remain available for obligation until Sep8 tember 30, 2020, shall be for procurement; and of which 

9 $1,300,315,000 (increased by $7,000,000) (increased by 

10 $1,000,000) (increased by $10,000,000) (increased by 

11 $2,000,000) (increased by $10,000,000) (increased by 

12 $10,000,000), to remain available for obligation until Sep13 tember 30, 2019, shall be for research, development, test 

14 and evaluation: Provided, That, notwithstanding any other 

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

16 heading for research, development, test and evaluation, 

17 not less than $8,000,000 shall be available for HIV pre18 vention educational activities undertaken in connection 

19 with United States military training, exercises, and hu20 manitarian assistance activities conducted primarily in Af21 rican nations: Provided further, That of the funds provided 

22 under this heading for research, development, test and 

23 evaluation, not less than $627,100,000 shall be made 

24 available to the United States Army Medical Research and 


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1 Materiel Command to carry out the congressionally di2 rected medical research programs. 

3 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

4 DEFENSE

5 For expenses, not otherwise provided for, necessary 

6 for the destruction of the United States stockpile of lethal 

7 chemical agents and munitions in accordance with the pro8 visions of section 1412 of the Department of Defense Au9 thorization Act, 1986 (50 U.S.C. 1521), and for the de10 struction of other chemical warfare materials that are not 

11 in the chemical weapon stockpile, $961,732,000, of which 

12 $104,237,000 shall be for operation and maintenance, of 

13 which no less than $49,401,000 shall be for the Chemical 

14 Stockpile Emergency Preparedness Program, consisting of 

15 $21,045,000 for activities on military installations and 

16 $28,356,000, to remain available until September 30, 

17 2019, to assist State and local governments; $18,081,000 

18 shall be for procurement, to remain available until Sep19 tember 30, 2020, of which $18,081,000 shall be for the 

20 Chemical Stockpile Emergency Preparedness Program to 

21 assist State and local governments; and $839,414,000, to 

22 remain available until September 30, 2019, shall be for 

23 research, development, test and evaluation, of which 

24 $750,700,000 shall only be for the Assembled Chemical 

25 Weapons Alternatives program. 


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1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS)

4 For drug interdiction and counter-drug activities of 

5 the Department of Defense, for transfer to appropriations 

6 available to the Department of Defense for military per7 sonnel of the reserve components serving under the provi8 sions of title 10 and title 32, United States Code; for oper9 ation and maintenance; for procurement; and for research, 

10 development, test and evaluation, $854,814,000, of which 

11 $532,648,000 shall be for counter-narcotics support; 

12 $120,813,000 shall be for the drug demand reduction pro13 gram; and $201,353,000 shall be for the National Guard 

14 counter-drug program: Provided, That the funds appro15 priated under this heading shall be available for obligation 

16 for the same time period and for the same purpose as the 

17 appropriation to which transferred: Provided further, That 

18 upon a determination that all or part of the funds trans19 ferred from this appropriation are not necessary for the 

20 purposes provided herein, such amounts may be trans21 ferred back to this appropriation: Provided further, That 

22 the transfer authority provided under this heading is in 

23 addition to any other transfer authority contained else24 where in this Act. 


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1 OFFICE OF THE INSPECTOR GENERAL

2 For expenses and activities of the Office of the In3 spector General in carrying out the provisions of the In4 spector General Act of 1978, as amended, $336,887,000, 

5 of which $334,087,000 shall be for operation and mainte6 nance, of which not to exceed $700,000 is available for 

7 emergencies and extraordinary expenses to be expended on 

8 the approval or authority of the Inspector General, and 

9 payments may be made on the Inspector General’s certifi10 cate of necessity for confidential military purposes; and 

11 of which $2,800,000, to remain available until September 

12 30, 2019, shall be for research, development, test and eval13 uation. 

14 TITLE VII 

15 RELATED AGENCIES 

16 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

17 DISABILITY SYSTEM FUND

18 For payment to the Central Intelligence Agency Re19 tirement and Disability System Fund, to maintain the 

20 proper funding level for continuing the operation of the 

21 Central Intelligence Agency Retirement and Disability 

22 System, $514,000,000. 

23 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

24 For necessary expenses of the Intelligence Commu25 nity Management Account, $522,100,000. 


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1 TITLE VIII 

2 GENERAL PROVISIONS 

3 SEC. 8001. No part of any appropriation contained 

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

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

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

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

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

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

13 of the percentage increase authorized by law for civilian 

14 employees of the Department of Defense whose pay is 

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

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

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

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

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

24 not apply to foreign national employees of the Department 

25 of Defense in the Republic of Turkey. 


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1 SEC. 8003. No part of any appropriation contained 

2 in this Act shall remain available for obligation beyond 

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

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

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

9 duty training of reserve components or summer camp 

10 training of the Reserve Officers’ Training Corps. 

11 (TRANSFER OF FUNDS)

12 SEC. 8005. Upon determination by the Secretary of 

13 Defense that such action is necessary in the national inter14 est, he may, with the approval of the Office of Manage15 ment and Budget, transfer not to exceed $4,500,000,000 

16 of working capital funds of the Department of Defense 

17 or funds made available in this Act to the Department 

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

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

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

22 the appropriation or fund to which transferred: Provided, 

23 That such authority to transfer may not be used unless 

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


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

3 That the Secretary of Defense shall notify the Congress 

4 promptly of all transfers made pursuant to this authority 

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

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

10 than those for which originally appropriated and in no 

11 case where the item for which reprogramming is requested 

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

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

15 30, 2017: Provided further, That transfers among military 

16 personnel appropriations shall not be taken into account 

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

18 may be transferred under this section. 

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

21 and adjustments to budget activities corresponding to 

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

23 tables titled Explanation of Project Level Adjustments in 

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1 wise made available in this Act for those programs, 

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

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

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

6 in the text of this Act. 

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

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

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

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

17 transfer authorities for fiscal year 2018: Provided, That 

18 the report shall include— 

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

22 due to enacted rescissions, if appropriate, and the 

23 fiscal year enacted level; 

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


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1 project, and activity as detailed in the Budget Ap2 pendix; and 

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

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

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

7 reprogramming or transfer until the report identified in 

8 subsection (a) is submitted to the congressional defense 

9 committees, unless the Secretary of Defense certifies in 

10 writing to the congressional defense committees that such 

11 reprogramming or transfer is necessary as an emergency 

12 requirement: Provided, That this subsection shall not 

13 apply to transfers from the following appropriations ac14 counts: 

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

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

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

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

20 (5) ‘‘Environmental Restoration, Formerly 

21 Used Defense Sites’’; and 

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


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1 (TRANSFER OF FUNDS)

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

5 United States Code, may be maintained in only such 

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

9 That transfers may be made between working capital 

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

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

14 the Office of Management and Budget, except that such 

15 transfers may not be made unless the Secretary of Defense 

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

18 amounts appropriated to working capital funds in this Act, 

19 no obligations may be made against a working capital fund 

20 to procure or increase the value of war reserve material 

21 inventory, unless the Secretary of Defense has notified the 

22 Congress prior to any such obligation. 

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

24 be used to initiate a special access program without prior 


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

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

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

5 employs economic order quantity procurement in excess of 

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

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

9 leading to a multiyear contract that employs economic 

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

11 any one year, unless the congressional defense committees 

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

16 quantity advance procurement is not funded at least to 

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

18 That no part of any appropriation contained in this Act 

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

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

23 That no multiyear procurement contract can be termi24 nated without 30-day prior notification to the congres25 sional defense committees: Provided further, That the exeVerDate Sep 11 2014 00:00 Dec 14, 2017 Jkt 079200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\HJ124.IH HJ124

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1 cution of multiyear authority shall require the use of a 

2 present value analysis to determine lowest cost compared 

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

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

5 contract executed after the date of the enactment of this 

6 Act unless in the case of any such contract— 

7 (1) the Secretary of Defense has submitted to 

8 Congress a budget request for full funding of units 

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

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

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

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

17 (2) cancellation provisions in the contract do 

18 not include consideration of recurring manufacturing 

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

22 (3) the contract provides that payments to the 

23 contractor under the contract shall not be made in 

24 advance of incurred costs on funded units; and 


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

3 contract. 

4 Funds appropriated in title III of this Act may be used, 

5 subject to section 2306b of title 10 , United States Code, 

6 for multiyear procurement contracts as follows: V–22 Os7 prey aircraft variants; up to 13 SSN Virginia Class Sub8 marines and Government-furnished equipment; and 

9 DDG–51 Arleigh Burke class Flight III guided missile de10 stroyers, the MK 41 Vertical Launching Systems, and as11 sociated Government-furnished systems and subsystems. 

12 SEC. 8011. Within the funds appropriated for the op13 eration and maintenance of the Armed Forces, funds are 

14 hereby appropriated pursuant to section 401 of title 10, 

15 United States Code, for humanitarian and civic assistance 

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

17 Such funds may also be obligated for humanitarian and 

18 civic assistance costs incidental to authorized operations 

19 and pursuant to authority granted in section 401 of chap20 ter 20 of title 10, United States Code, and these obliga21 tions shall be reported as required by section 401(d) of 

22 title 10, United States Code: Provided, That funds avail23 able for operation and maintenance shall be available for 

24 providing humanitarian and similar assistance by using 

25 Civic Action Teams in the Trust Territories of the Pacific 


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1 Islands and freely associated states of Micronesia, pursu2 ant to the Compact of Free Association as authorized by 

3 Public Law 99–239: Provided further, That upon a deter4 mination by the Secretary of the Army that such action 

5 is beneficial for graduate medical education programs con6 ducted at Army medical facilities located in Hawaii, the 

7 Secretary of the Army may authorize the provision of med8 ical services at such facilities and transportation to such 

9 facilities, on a nonreimbursable basis, for civilian patients 

10 from American Samoa, the Commonwealth of the North11 ern Mariana Islands, the Marshall Islands, the Federated 

12 States of Micronesia, Palau, and Guam. 

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

14 civilian personnel of the Department of Defense may not 

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

16 management of such personnel during that fiscal year 

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

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

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

20 (b) The fiscal year 2019 budget request for the De21 partment of Defense as well as all justification material 

22 and other documentation supporting the fiscal year 2019 

23 Department of Defense budget request shall be prepared 

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


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

2 year 2019. 

3 (c) As required by section 1107 of the National De4 fense Authorization Act for Fiscal Year 2014 (Public Law 

5 113–66; 10 U.S.C. 2358 note) civilian personnel at the 

6 Department of Army Science and Technology Reinvention 

7 Laboratories may not be managed on the basis of the 

8 Table of Distribution and Allowances, and the manage9 ment of the workforce strength shall be done in a manner 

10 consistent with the budget available with respect to such 

11 Laboratories. 

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

13 to military (civilian) technicians. 

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

15 Act shall be used in any way, directly or indirectly, to in16 fluence congressional action on any legislation or appro17 priation matters pending before the Congress. 

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

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

20 any member of the Army participating as a full-time stu21 dent and receiving benefits paid by the Secretary of Vet22 erans Affairs from the Department of Defense Education 

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

24 credited toward completion of a service commitment: Pro25 vided, That this section shall not apply to those members 


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

2 1987: Provided further, That this section applies only to 

3 active components of the Army. 

4 (TRANSFER OF FUNDS)

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

6 for the Department of Defense Pilot Mentor-Prote ́ge ́ Pro7 gram may be transferred to any other appropriation con8 tained in this Act solely for the purpose of implementing 

9 a Mentor-Prote ́ge ́ Program developmental assistance 

10 agreement pursuant to section 831 of the National De11 fense Authorization Act for Fiscal Year 1991 (Public Law 

12 101–510; 10 U.S.C. 2302 note), as amended, under the 

13 authority of this provision or any other transfer authority 

14 contained in this Act. 

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

16 available for the purchase by the Department of Defense 

17 (and its departments and agencies) of welded shipboard 

18 anchor and mooring chain 4 inches in diameter and under 

19 unless the anchor and mooring chain are manufactured 

20 in the United States from components which are substan21 tially manufactured in the United States: Provided, That 

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

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

24 of chain and welding (including the forging and shot blast25 ing process): Provided further, That for the purpose of this 


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1 section substantially all of the components of anchor and 

2 mooring chain shall be considered to be produced or manu3 factured in the United States if the aggregate cost of the 

4 components produced or manufactured in the United 

5 States exceeds the aggregate cost of the components pro6 duced or manufactured outside the United States: Pro7 vided further, That when adequate domestic supplies are 

8 not available to meet Department of Defense requirements 

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

10 for the procurement may waive this restriction on a case11 by-case basis by certifying in writing to the Committees 

12 on Appropriations that such an acquisition must be made 

13 in order to acquire capability for national security pur14 poses. 

15 SEC. 8017. None of the funds available to the De16 partment of Defense may be used to demilitarize or dis17 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

18 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

19 to demilitarize or destroy small arms ammunition or am20 munition components that are not otherwise prohibited 

21 from commercial sale under Federal law, unless the small 

22 arms ammunition or ammunition components are certified 

23 by the Secretary of the Army or designee as unserviceable 

24 or unsafe for further use. 


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1 SEC. 8018. No more than $500,000 of the funds ap2 propriated or made available in this Act shall be used dur3 ing a single fiscal year for any single relocation of an orga4 nization, unit, activity or function of the Department of 

5 Defense into or within the National Capital Region: Pro6 vided, That the Secretary of Defense may waive this re7 striction on a case-by-case basis by certifying in writing 

8 to the congressional defense committees that such a relo9 cation is required in the best interest of the Government. 

10 SEC. 8019. Of the funds made available in this Act, 

11 $20,000,000 shall be available for incentive payments au12 thorized by section 504 of the Indian Financing Act of 

13 1974 (25 U.S.C. 1544): Provided, That a prime contractor 

14 or a subcontractor at any tier that makes a subcontract 

15 award to any subcontractor or supplier as defined in sec16 tion 1544 of title 25, United States Code, or a small busi17 ness owned and controlled by an individual or individuals 

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

19 Code, shall be considered a contractor for the purposes 

20 of being allowed additional compensation under section 

21 504 of the Indian Financing Act of 1974 (25 U.S.C. 

22 1544) whenever the prime contract or subcontract amount 

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

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1 vided further, That notwithstanding section 1906 of title 

2 41, United States Code, this section shall be applicable 

3 to any Department of Defense acquisition of supplies or 

4 services, including any contract and any subcontract at 

5 any tier for acquisition of commercial items produced or 

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

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

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

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

10 of title 25, United States Code. 

11 SEC. 8020. Funds appropriated by this Act for the 

12 Defense Media Activity shall not be used for any national 

13 or international political or psychological activities. 

14 SEC. 8021. During the current fiscal year, the De15 partment of Defense is authorized to incur obligations of 

16 not to exceed $350,000,000 for purposes specified in sec17 tion 2350j(c) of title 10, United States Code, in anticipa18 tion of receipt of contributions, only from the Government 

19 of Kuwait, under that section: Provided, That, upon re20 ceipt, such contributions from the Government of Kuwait 

21 shall be credited to the appropriations or fund which in22 curred such obligations. 

23 SEC. 8022. (a) Of the funds made available in this 

24 Act, not less than $43,100,000 shall be available for the 

25 Civil Air Patrol Corporation, of which— 


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1 (1) $30,800,000 shall be available from ‘‘Oper2 ation and Maintenance, Air Force’’ to support Civil 

3 Air Patrol Corporation operation and maintenance, 

4 readiness, counter-drug activities, and drug demand 

5 reduction activities involving youth programs; 

6 (2) $10,600,000 shall be available from ‘‘Air7 craft Procurement, Air Force’’; and 

8 (3) $1,700,000 shall be available from ‘‘Other 

9 Procurement, Air Force’’ for vehicle procurement. 

10 (b) The Secretary of the Air Force should waive reim11 bursement for any funds used by the Civil Air Patrol for 

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

13 local government agencies. 

14 SEC. 8023. (a) None of the funds appropriated in this 

15 Act are available to establish a new Department of De16 fense (department) federally funded research and develop17 ment center (FFRDC), either as a new entity, or as a 

18 separate entity administrated by an organization man19 aging another FFRDC, or as a nonprofit membership cor20 poration consisting of a consortium of other FFRDCs and 

21 other nonprofit entities. 

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

23 Overseers, Advisory Group, Special Issues Panel, Visiting 

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

25 and no paid consultant to any defense FFRDC, except 


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1 when acting in a technical advisory capacity, may be com2 pensated for his or her services as a member of such enti3 ty, or as a paid consultant by more than one FFRDC in 

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

5 referred to previously in this subsection shall be allowed 

6 travel expenses and per diem as authorized under the Fed7 eral Joint Travel Regulations, when engaged in the per8 formance of membership duties. 

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

10 of the funds available to the department from any source 

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

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

13 construction of new buildings not located on a military in14 stallation, for payment of cost sharing for projects funded 

15 by Government grants, for absorption of contract over16 runs, or for certain charitable contributions, not to include 

17 employee participation in community service and/or devel18 opment. 

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

20 the funds available to the department during fiscal year 

21 2018, not more than 6,000 staff years of technical effort 

22 (staff years) may be funded for defense FFRDCs: Pro23 vided, That, of the specific amount referred to previously 

24 in this subsection, not more than 1,180 staff years may 

25 be funded for the defense studies and analysis FFRDCs: 


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1 Provided further, That this subsection shall not apply to 

2 staff years funded in the National Intelligence Program 

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

4 (e) The Secretary of Defense shall, with the submis5 sion of the department’s fiscal year 2019 budget request, 

6 submit a report presenting the specific amounts of staff 

7 years of technical effort to be allocated for each defense 

8 FFRDC during that fiscal year and the associated budget 

9 estimates. 

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

11 the total amount appropriated in this Act for FFRDCs 

12 is hereby reduced by $210,000,000. 

13 SEC. 8024. None of the funds appropriated or made 

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

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

17 Defense which were not melted and rolled in the United 

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

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

21 or American Iron and Steel Institute (AISI) specifications 

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

23 That the Secretary of the military department responsible 

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


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1 on Appropriations of the House of Representatives and the 

2 Senate that adequate domestic supplies are not available 

3 to meet Department of Defense requirements on a timely 

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

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

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

9 SEC. 8025. For the purposes of this Act, the term 

10 ‘‘congressional defense committees’’ means the Armed 

11 Services Committee of the House of Representatives, the 

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

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

15 Committee on Appropriations of the House of Representa16 tives. 

17 SEC. 8026. During the current fiscal year, the De18 partment of Defense may acquire the modification, depot 

19 maintenance and repair of aircraft, vehicles and vessels 

20 as well as the production of components and other De21 fense-related articles, through competition between De22 partment of Defense depot maintenance activities and pri23 vate firms: Provided, That the Senior Acquisition Execu24 tive of the military department or Defense Agency con25 cerned, with power of delegation, shall certify that successVerDate Sep 11 2014 00:00 Dec 14, 2017 Jkt 079200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\HJ124.IH HJ124

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1 ful bids include comparable estimates of all direct and in2 direct costs for both public and private bids: Provided fur3 ther, That Office of Management and Budget Circular A– 

4 76 shall not apply to competitions conducted under this 

5 section. 

6 SEC. 8027. (a)(1) If the Secretary of Defense, after 

7 consultation with the United States Trade Representative, 

8 determines that a foreign country which is party to an 

9 agreement described in paragraph (2) has violated the 

10 terms of the agreement by discriminating against certain 

11 types of products produced in the United States that are 

12 covered by the agreement, the Secretary of Defense shall 

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

15 in that foreign country. 

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

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

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

21 in that country. 

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

24 purchases from foreign entities in fiscal year 2018. Such 

25 report shall separately indicate the dollar value of items 


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1 for which the Buy American Act was waived pursuant to 

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

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

4 international agreement to which the United States is a 

5 party. 

6 (c) For purposes of this section, the term Buy Amer7 ican Act means chapter 83 of title 41, United States Code. 

8 SEC. 8028. During the current fiscal year, amounts 

9 contained in the Department of Defense Overseas Military 

10 Facility Investment Recovery Account established by sec11 tion 2921(c)(1) of the National Defense Authorization Act 

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

13 be available until expended for the payments specified by 

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

15 SEC. 8029. (a) Notwithstanding any other provision 

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

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

18 tribes located in the States of Nevada, Idaho, North Da19 kota, South Dakota, Montana, Oregon, Minnesota, and 

20 Washington relocatable military housing units located at 

21 Grand Forks Air Force Base, Malmstrom Air Force Base, 

22 Mountain Home Air Force Base, Ellsworth Air Force 

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

24 needs of the Air Force. 


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

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

4 that are submitted to the Secretary by the Operation 

5 Walking Shield Program on behalf of Indian tribes located 

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

8 such conveyance shall be subject to the condition that the 

9 housing units shall be removed within a reasonable period 

10 of time, as determined by the Secretary. 

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

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

15 (b). 

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

17 recognized Indian tribe included on the current list pub18 lished by the Secretary of the Interior under section 104 

19 of the Federally Recognized Indian Tribe Act of 1994 

20 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a– 

21 1). 

22 SEC. 8030. During the current fiscal year, appropria23 tions which are available to the Department of Defense 

24 for operation and maintenance may be used to purchase 


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1 items having an investment item unit cost of not more 

2 than $250,000. 

3 SEC. 8031. None of the funds made available by this 

4 Act may be used to— 

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

6 Senior Reserve Officers’ Training Corps program in 

7 accordance with Department of Defense Instruction 

8 Number 1215.08, dated June 26, 2006; or 

9 (2) close, downgrade from host to extension 

10 center, or place on probation a Senior Reserve Offi11 cers’ Training Corps program in accordance with the 

12 information paper of the Department of the Army 

13 titled ‘‘Army Senior Reserve Officers’ Training 

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

15 dated January 27, 2014. 

16 SEC. 8032. The Secretary of Defense shall issue reg17 ulations to prohibit the sale of any tobacco or tobacco18 related products in military resale outlets in the United 

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

20 most competitive price in the local community: Provided, 

21 That such regulations shall direct that the prices of to22 bacco or tobacco-related products in overseas military re23 tail outlets shall be within the range of prices established 

24 for military retail system stores located in the United 

25 States. 


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1 SEC. 8033. (a) During the current fiscal year, none 

2 of the appropriations or funds available to the Department 

3 of Defense Working Capital Funds shall be used for the 

4 purchase of an investment item for the purpose of acquir5 ing a new inventory item for sale or anticipated sale dur6 ing the current fiscal year or a subsequent fiscal year to 

7 customers of the Department of Defense Working Capital 

8 Funds if such an item would not have been chargeable 

9 to the Department of Defense Business Operations Fund 

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

11 investment item would be chargeable during the current 

12 fiscal year to appropriations made to the Department of 

13 Defense for procurement. 

14 (b) The fiscal year 2019 budget request for the De15 partment of Defense as well as all justification material 

16 and other documentation supporting the fiscal year 2019 

17 Department of Defense budget shall be prepared and sub18 mitted to the Congress on the basis that any equipment 

19 which was classified as an end item and funded in a pro20 curement appropriation contained in this Act shall be 

21 budgeted for in a proposed fiscal year 2019 procurement 

22 appropriation and not in the supply management business 

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

24 Defense Working Capital Funds. 


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1 SEC. 8034. None of the funds appropriated by this 

2 Act for programs of the Central Intelligence Agency shall 

3 remain available for obligation beyond the current fiscal 

4 year, except for funds appropriated for the Reserve for 

5 Contingencies, which shall remain available until Sep6 tember 30, 2019: Provided, That funds appropriated, 

7 transferred, or otherwise credited to the Central Intel8 ligence Agency Central Services Working Capital Fund 

9 during this or any prior or subsequent fiscal year shall 

10 remain available until expended: Provided further, That 

11 any funds appropriated or transferred to the Central Intel12 ligence Agency for advanced research and development ac13 quisition, for agent operations, and for covert action pro14 grams authorized by the President under section 503 of 

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

16 remain available until September 30, 2019. 

17 SEC. 8035. Notwithstanding any other provision of 

18 law, funds made available in this Act and hereafter for 

19 the Defense Intelligence Agency may be used for the de20 sign, development, and deployment of General Defense In21 telligence Program intelligence communications and intel22 ligence information systems for the Services, the Unified 

23 and Specified Commands, and the component commands. 

24 SEC. 8036. Of the funds appropriated to the Depart25 ment of Defense under the heading ‘‘Operation and MainVerDate Sep 11 2014 00:00 Dec 14, 2017 Jkt 079200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\HJ124.IH HJ124

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1 tenance, Defense-Wide’’, not less than $12,000,000 shall 

2 be made available only for the mitigation of environmental 

3 impacts, including training and technical assistance to 

4 tribes, related administrative support, the gathering of in5 formation, documenting of environmental damage, and de6 veloping a system for prioritization of mitigation and cost 

7 to complete estimates for mitigation, on Indian lands re8 sulting from Department of Defense activities. 

9 SEC. 8037. (a) None of the funds appropriated in this 

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

11 Defense unless the entity, in expending the funds, com12 plies with the Buy American Act. For purposes of this 

13 subsection, the term Buy American Act means chapter 83 

14 of title 41, United States Code. 

15 (b) If the Secretary of Defense determines that a per16 son has been convicted of intentionally affixing a label 

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

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

19 in America, the Secretary shall determine, in accordance 

20 with section 2410f of title 10, United States Code, wheth21 er the person should be debarred from contracting with 

22 the Department of Defense. 

23 (c) In the case of any equipment or products pur24 chased with appropriations provided under this Act, it is 

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1 ment of Defense, in expending the appropriation, purchase 

2 only American-made equipment and products, provided 

3 that American-made equipment and products are cost4 competitive, quality competitive, and available in a timely 

5 fashion. 

6 SEC. 8038. (a) Except as provided in subsections (b) 

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

8 be used— 

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

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

11 Armed Forces or civilian employee of the depart12 ment who is transferred or reassigned from a head13 quarters activity if the member or employee’s place 

14 of duty remains at the location of that headquarters. 

15 (b) The Secretary of Defense or Secretary of a mili16 tary department may waive the limitations in subsection 

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

18 and certifies to the Committees on Appropriations of the 

19 House of Representatives and the Senate that the grant20 ing of the waiver will reduce the personnel requirements 

21 or the financial requirements of the department. 

22 (c) This section does not apply to— 

23 (1) field operating agencies funded within the 

24 National Intelligence Program; 


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1 (2) an Army field operating agency established 

2 to eliminate, mitigate, or counter the effects of im3 provised explosive devices, and, as determined by the 

4 Secretary of the Army, other similar threats; 

5 (3) an Army field operating agency established 

6 to improve the effectiveness and efficiencies of bio7 metric activities and to integrate common biometric 

8 technologies throughout the Department of Defense; 

9 or 

10 (4) an Air Force field operating agency estab11 lished to administer the Air Force Mortuary Affairs 

12 Program and Mortuary Operations for the Depart13 ment of Defense and authorized Federal entities. 

14 SEC. 8039. (a) None of the funds appropriated by 

15 this Act shall be available to convert to contractor per16 formance an activity or function of the Department of De17 fense that, on or after the date of the enactment of this 

18 Act, is performed by Department of Defense civilian em19 ployees unless— 

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

21 public-private competition that includes a most effi22 cient and cost effective organization plan developed 

23 by such activity or function; 

24 (2) the Competitive Sourcing Official deter25 mines that, over all performance periods stated in 


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1 the solicitation of offers for performance of the ac2 tivity or function, the cost of performance of the ac3 tivity or function by a contractor would be less costly 

4 to the Department of Defense by an amount that 

5 equals or exceeds the lesser of— 

6 (A) 10 percent of the most efficient organi7 zation’s personnel-related costs for performance 

8 of that activity or function by Federal employ9 ees; or 

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

11 (3) the contractor does not receive an advan12 tage for a proposal that would reduce costs for the 

13 Department of Defense by— 

14 (A) not making an employer-sponsored 

15 health insurance plan available to the workers 

16 who are to be employed in the performance of 

17 that activity or function under the contract; or 

18 (B) offering to such workers an employer19 sponsored health benefits plan that requires the 

20 employer to contribute less towards the pre21 mium or subscription share than the amount 

22 that is paid by the Department of Defense for 

23 health benefits for civilian employees under 

24 chapter 89 of title 5, United States Code. 


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

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

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

4 notwithstanding any administrative regulation, require5 ment, or policy to the contrary shall have full authority 

6 to enter into a contract for the performance of any com7 mercial or industrial type function of the Department of 

8 Defense that— 

9 (A) is included on the procurement list estab10 lished pursuant to section 2 of the Javits-Wagner11 O’Day Act (section 8503 of title 41, United States 

12 Code); 

13 (B) is planned to be converted to performance 

14 by a qualified nonprofit agency for the blind or by 

15 a qualified nonprofit agency for other severely handi16 capped individuals in accordance with that Act; or 

17 (C) is planned to be converted to performance 

18 by a qualified firm under at least 51 percent owner19 ship by an Indian tribe, as defined in section 4(e) 

20 of the Indian Self-Determination and Education As21 sistance Act (25 U.S.C. 450b(e)), or a Native Ha22 waiian Organization, as defined in section 8(a)(15) 

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


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

2 or contracts for depot maintenance as provided in sections 

3 2469 and 2474 of title 10, United States Code. 

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

5 Department of Defense under the authority provided by 

6 this section shall be credited toward any competitive or 

7 outsourcing goal, target, or measurement that may be es8 tablished by statute, regulation, or policy and is deemed 

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

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

11 States Code, for the competition or outsourcing of com12 mercial activities. 

13 (RESCISSIONS)

14 SEC. 8040. Of the funds appropriated in Department 

15 of Defense Appropriations Acts, the following funds are 

16 hereby rescinded from the following accounts and pro17 grams in the specified amounts: Provided, That no 

18 amounts may be rescinded from amounts that were des19 ignated by the Congress for Overseas Contingency Oper20 ations/Global War on Terrorism or as an emergency re21 quirement pursuant to the Concurrent Resolution on the 

22 Budget or the Balanced Budget and Emergency Deficit 

23 Control Act of 1985, as amended: 

24 ‘‘Aircraft Procurement, Navy’’, 2016/2018, 

25 $274,000,000; 


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1 ‘‘Aircraft Procurement, Air Force’’, 2016/2018, 

2 $82,700,000; 

3 ‘‘Missile Procurement, Army’’, 2017/2019, 

4 $19,319,000; 

5 ‘‘Procurement of Weapons and Tracked Combat 

6 Vehicles, Army’’, 2017/2019, $9,764,000; 

7 ‘‘Other Procurement, Army’’, 2017/2019, 

8 $10,000,000; 

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

10 $105,600,000; 

11 ‘‘Weapons Procurement, Navy’’, 2017/2019, 

12 $54,122,000; 

13 ‘‘Shipbuilding and Conversion, Navy’’, 2017/ 

14 2021, $45,116,000; 

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

16 $63,293,000; 

17 ‘‘Missile Procurement, Air Force’’, 2017/2019, 

18 $31,639,000; 

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

20 $15,000,000; 

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

22 $105,000,000; 

23 ‘‘Research, Development, Test and Evaluation, 

24 Navy’’, 2017/2018, $34,128,000; 


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1 ‘‘Research, Development, Test and Evaluation, 

2 Air Force’’, 2017/2018, $41,700,000. 

3 SEC. 8041. None of the funds available in this Act 

4 may be used to reduce the authorized positions for mili5 tary technicians (dual status) of the Army National 

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

7 Reserve for the purpose of applying any administratively 

8 imposed civilian personnel ceiling, freeze, or reduction on 

9 military technicians (dual status), unless such reductions 

10 are a direct result of a reduction in military force struc11 ture. 

12 SEC. 8042. None of the funds appropriated or other13 wise made available in this Act may be obligated or ex14 pended for assistance to the Democratic People’s Republic 

15 of Korea unless specifically appropriated for that purpose. 

16 SEC. 8043. Funds appropriated in this Act for oper17 ation and maintenance of the Military Departments, Com18 batant Commands and Defense Agencies shall be available 

19 for reimbursement of pay, allowances and other expenses 

20 which would otherwise be incurred against appropriations 

21 for the National Guard and Reserve when members of the 

22 National Guard and Reserve provide intelligence or coun23 terintelligence support to Combatant Commands, Defense 

24 Agencies and Joint Intelligence Activities, including the 

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1 ligence Program and the Military Intelligence Program: 

2 Provided, That nothing in this section authorizes deviation 

3 from established Reserve and National Guard personnel 

4 and training procedures. 

5 SEC. 8044. (a) None of the funds available to the 

6 Department of Defense for any fiscal year for drug inter7 diction or counter-drug activities may be transferred to 

8 any other department or agency of the United States ex9 cept as specifically provided in an appropriations law. 

10 (b) None of the funds available to the Central Intel11 ligence Agency for any fiscal year for drug interdiction or 

12 counter-drug activities may be transferred to any other de13 partment or agency of the United States except as specifi14 cally provided in an appropriations law. 

15 SEC. 8045. None of the funds appropriated by this 

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

17 bearings other than those produced by a domestic source 

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

19 the military department responsible for such procurement 

20 may waive this restriction on a case-by-case basis by certi21 fying in writing to the Committees on Appropriations of 

22 the House of Representatives and the Senate, that ade23 quate domestic supplies are not available to meet Depart24 ment of Defense requirements on a timely basis and that 

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1 pability for national security purposes: Provided further, 

2 That this restriction shall not apply to the purchase of 

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

4 United States Code, except that the restriction shall apply 

5 to ball or roller bearings purchased as end items. 

6 SEC. 8046. None of the funds made available by this 

7 Act for Evolved Expendable Launch Vehicle service com8 petitive procurements may be used unless the competitive 

9 procurements are open for award to all certified providers 

10 of Evolved Expendable Launch Vehicle-class systems: Pro11 vided, That the award shall be made to the provider that 

12 offers the best value to the government. 

13 SEC. 8047. In addition to the amounts appropriated 

14 or otherwise made available elsewhere in this Act, 

15 $44,000,000 is hereby appropriated to the Department of 

16 Defense: Provided, That upon the determination of the 

17 Secretary of Defense that it shall serve the national inter18 est, the Secretary shall make grants in the amounts speci19 fied as follows: $20,000,000 to the United Service Organi20 zations and $24,000,000 to the Red Cross. 

21 SEC. 8048. None of the funds in this Act may be 

22 used to purchase any supercomputer which is not manu23 factured in the United States, unless the Secretary of De24 fense certifies to the congressional defense committees 

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


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1 capability for national security purposes that is not avail2 able from United States manufacturers. 

3 SEC. 8049. Notwithstanding any other provision in 

4 this Act, the Small Business Innovation Research program 

5 and the Small Business Technology Transfer program set6 asides shall be taken proportionally from all programs, 

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

8 extramural budget. 

9 SEC. 8050. None of the funds available to the De10 partment of Defense under this Act shall be obligated or 

11 expended to pay a contractor under a contract with the 

12 Department of Defense for costs of any amount paid by 

13 the contractor to an employee when— 

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

15 excess of the normal salary paid by the contractor 

16 to the employee; and 

17 (2) such bonus is part of restructuring costs as18 sociated with a business combination. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 8051. During the current fiscal year, no more 

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

22 under the heading ‘‘Operation and Maintenance, Defense23 Wide’’ may be transferred to appropriations available for 

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

25 be available for the same time period as the appropriations 


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1 to which transferred, to be used in support of such per2 sonnel in connection with support and services for eligible 

3 organizations and activities outside the Department of De4 fense pursuant to section 2012 of title 10, United States 

5 Code. 

6 SEC. 8052. During the current fiscal year, in the case 

7 of an appropriation account of the Department of Defense 

8 for which the period of availability for obligation has ex9 pired or which has closed under the provisions of section 

10 1552 of title 31, United States Code, and which has a 

11 negative unliquidated or unexpended balance, an obliga12 tion or an adjustment of an obligation may be charged 

13 to any current appropriation account for the same purpose 

14 as the expired or closed account if— 

15 (1) the obligation would have been properly 

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

17 closed account before the end of the period of avail18 ability or closing of that account; 

19 (2) the obligation is not otherwise properly 

20 chargeable to any current appropriation account of 

21 the Department of Defense; and 

22 (3) in the case of an expired account, the obli23 gation is not chargeable to a current appropriation 

24 of the Department of Defense under the provisions 

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1 thorization Act for Fiscal Year 1991, Public Law 

2 101–510, as amended (31 U.S.C. 1551 note): Pro3 vided, That in the case of an expired account, if sub4 sequent review or investigation discloses that there 

5 was not in fact a negative unliquidated or unex6 pended balance in the account, any charge to a cur7 rent account under the authority of this section shall 

8 be reversed and recorded against the expired ac9 count: Provided further, That the total amount 

10 charged to a current appropriation under this sec11 tion may not exceed an amount equal to 1 percent 

12 of the total appropriation for that account. 

13 SEC. 8053. (a) Notwithstanding any other provision 

14 of law, the Chief of the National Guard Bureau may per15 mit the use of equipment of the National Guard Distance 

16 Learning Project by any person or entity on a space-avail17 able, reimbursable basis. The Chief of the National Guard 

18 Bureau shall establish the amount of reimbursement for 

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

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

21 credited to funds available for the National Guard Dis22 tance Learning Project and be available to defray the costs 

23 associated with the use of equipment of the project under 

24 that subsection. Such funds shall be available for such 

25 purposes without fiscal year limitation. 


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1 SEC. 8054. None of the funds available to the De2 partment of Defense may be obligated to modify command 

3 and control relationships to give Fleet Forces Command 

4 operational and administrative control of United States 

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

6 the command and control relationships which existed on 

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

8 modification has been proposed to the House and Senate 

9 Appropriations Committees: Provided further, That the 

10 proposed modification may be implemented 30 days after 

11 the notification unless an objection is received from either 

12 the House or Senate Appropriations Committees: Provided 

13 further, That any proposed modification shall not preclude 

14 the ability of the commander of United States Pacific 

15 Command to meet operational requirements. 

16 (INCLUDING TRANSFER OF FUNDS)

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

18 under the heading ‘‘Operation and Maintenance, Defense19 Wide’’, $25,000,000 (increased by $10,000,000) shall be 

20 for continued implementation and expansion of the Sexual 

21 Assault Special Victims’ Counsel Program: Provided, That 

22 the funds are made available for transfer to the Depart23 ment of the Army, the Department of the Navy, and the 

24 Department of the Air Force: Provided further, That funds 

25 transferred shall be merged with and available for the 


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1 same purposes and for the same time period as the appro2 priations to which the funds are transferred: Provided fur3 ther, That this transfer authority is in addition to any 

4 other transfer authority provided in this Act. 

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

6 IV of this Act may be used to procure end-items for deliv7 ery to military forces for operational training, operational 

8 use or inventory requirements: Provided, That this restric9 tion does not apply to end-items used in development, 

10 prototyping, and test activities preceding and leading to 

11 acceptance for operational use: Provided further, That this 

12 restriction does not apply to programs funded within the 

13 National Intelligence Program: Provided further, That the 

14 Secretary of Defense may waive this restriction on a case15 by-case basis by certifying in writing to the Committees 

16 on Appropriations of the House of Representatives and the 

17 Senate that it is in the national security interest to do 

18 so. 

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

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

21 each limitation on the procurement of defense items from 

22 foreign sources provided in law if the Secretary determines 

23 that the application of the limitation with respect to that 

24 country would invalidate cooperative programs entered 

25 into between the Department of Defense and the foreign 


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1 country, or would invalidate reciprocal trade agreements 

2 for the procurement of defense items entered into under 

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

4 country does not discriminate against the same or similar 

5 defense items produced in the United States for that coun6 try. 

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

8 (1) contracts and subcontracts entered into on 

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

10 (2) options for the procurement of items that 

11 are exercised after such date under contracts that 

12 are entered into before such date if the option prices 

13 are adjusted for any reason other than the applica14 tion of a waiver granted under subsection (a). 

15 (c) Subsection (a) does not apply to a limitation re16 garding construction of public vessels, ball and roller bear17 ings, food, and clothing or textile materials as defined by 

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

19 Schedule of the United States and products classified 

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

21 6505, 7019, 7218 through 7229, 7304.41 through 

22 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 

23 8211, 8215, and 9404. 

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1 fense Appropriations Acts may be obligated or expended 

2 for the purpose of performing repairs or maintenance to 

3 military family housing units of the Department of De4 fense, including areas in such military family housing 

5 units that may be used for the purpose of conducting offi6 cial Department of Defense business. 

7 SEC. 8059. Notwithstanding any other provision of 

8 law, funds appropriated in this Act under the heading 

9 ‘‘Research, Development, Test and Evaluation, Defense10 Wide’’ for any new start advanced concept technology 

11 demonstration project or joint capability demonstration 

12 project may only be obligated 45 days after a report, in13 cluding a description of the project, the planned acquisi14 tion and transition strategy and its estimated annual and 

15 total cost, has been provided in writing to the congres16 sional defense committees: Provided, That the Secretary 

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

18 basis by certifying to the congressional defense committees 

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

20 SEC. 8060. The Secretary of Defense shall continue 

21 to provide a classified quarterly report to the House and 

22 Senate Appropriations Committees, Subcommittees on 

23 Defense on certain matters as directed in the classified 

24 annex accompanying this Act. 


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1 SEC. 8061. Notwithstanding section 12310(b) of title 

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

3 the National Guard serving on full-time National Guard 

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

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

7 SEC. 8062. None of the funds provided in this Act 

8 may be used to transfer to any nongovernmental entity 

9 ammunition held by the Department of Defense that has 

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

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

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

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

16 to demonstrate to the satisfaction of the Department of 

17 Defense that armor piercing projectiles are either: 

18 (1) rendered incapable of reuse by the demili19 tarization process; or 

20 (2) used to manufacture ammunition pursuant 

21 to a contract with the Department of Defense or the 

22 manufacture of ammunition for export pursuant to 

23 a License for Permanent Export of Unclassified 

24 Military Articles issued by the Department of State. 


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1 SEC. 8063. Notwithstanding any other provision of 

2 law, the Chief of the National Guard Bureau, or his des3 ignee, may waive payment of all or part of the consider4 ation that otherwise would be required under section 2667 

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

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

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

8 United States Code, or any other youth, social, or fra9 ternal nonprofit organization as may be approved by the 

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

11 a case-by-case basis. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8064. Of the amounts appropriated in this Act 

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

15 $66,881,780 shall remain available until expended: Pro16 vided, That, notwithstanding any other provision of law, 

17 the Secretary of Defense is authorized to transfer such 

18 funds to other activities of the Federal Government: Pro19 vided further, That the Secretary of Defense is authorized 

20 to enter into and carry out contracts for the acquisition 

21 of real property, construction, personal services, and oper22 ations related to projects carrying out the purposes of this 

23 section: Provided further, That contracts entered into 

24 under the authority of this section may provide for such 

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1 essary: Provided further, That projects authorized by this 

2 section shall comply with applicable Federal, State, and 

3 local law to the maximum extent consistent with the na4 tional security, as determined by the Secretary of Defense. 

5 SEC. 8065. (a) None of the funds appropriated in this 

6 or any other Act may be used to take any action to mod7 ify— 

8 (1) the appropriations account structure for the 

9 National Intelligence Program budget, including 

10 through the creation of a new appropriation or new 

11 appropriation account; 

12 (2) how the National Intelligence Program 

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

14 R–1, and O–1 documents supporting the Depart15 ment of Defense budget request; 

16 (3) the process by which the National Intel17 ligence Program appropriations are apportioned to 

18 the executing agencies; or 

19 (4) the process by which the National Intel20 ligence Program appropriations are allotted, obli21 gated and disbursed. 

22 (b) Nothing in section (a) shall be construed to pro23 hibit the merger of programs or changes to the National 

24 Intelligence Program budget at or below the Expenditure 


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1 Center level, provided such change is otherwise in accord2 ance with paragraphs (a)(1)–(3). 

3 (c) The Director of National Intelligence and the Sec4 retary of Defense may jointly, only for the purposes of 

5 achieving auditable financial statements and improving 

6 fiscal reporting, study and develop detailed proposals for 

7 alternative financial management processes. Such study 

8 shall include a comprehensive counterintelligence risk as9 sessment to ensure that none of the alternative processes 

10 will adversely affect counterintelligence. 

11 (d) Upon development of the detailed proposals de12 fined under subsection (c), the Director of National Intel13 ligence and the Secretary of Defense shall— 

14 (1) provide the proposed alternatives to all af15 fected agencies; 

16 (2) receive certification from all affected agen17 cies attesting that the proposed alternatives will help 

18 achieve auditability, improve fiscal reporting, and 

19 will not adversely affect counterintelligence; and 

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

21 necessary certifications under paragraph (2), present 

22 the proposed alternatives and certifications to the 

23 congressional defense and intelligence committees. 

24 SEC. 8066. In addition to amounts provided else25 where in this Act, $5,000,000 (increased by $5,000,000) 


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1 is hereby appropriated to the Department of Defense, to 

2 remain available for obligation until expended: Provided, 

3 That notwithstanding any other provision of law, that 

4 upon the determination of the Secretary of Defense that 

5 it shall serve the national interest, these funds shall be 

6 available only for a grant to the Fisher House Foundation, 

7 Inc., only for the construction and furnishing of additional 

8 Fisher Houses to meet the needs of military family mem9 bers when confronted with the illness or hospitalization of 

10 an eligible military beneficiary. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 8067. Of the amounts appropriated in this Act 

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

14 ‘‘Research, Development, Test and Evaluation, Defense15 Wide’’, $705,800,000 shall be for the Israeli Cooperative 

16 Programs: Provided, That of this amount, $92,000,000 

17 shall be for the Secretary of Defense to provide to the Gov18 ernment of Israel for the procurement of the Iron Dome 

19 defense system to counter short-range rocket threats, sub20 ject to the U.S.-Israel Iron Dome Procurement Agree21 ment, as amended; $221,500,000 shall be for the Short 

22 Range Ballistic Missile Defense (SRBMD) program, in23 cluding cruise missile defense research and development 

24 under the SRBMD program, of which $120,000,000 shall 

25 be for co-production activities of SRBMD missiles in the 


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1 United States and in Israel to meet Israel’s defense re2 quirements consistent with each nation’s laws, regulations, 

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

4 agreement for SRBMD, as amended; $205,000,000 shall 

5 be for an upper-tier component to the Israeli Missile De6 fense Architecture, of which $120,000,000 shall be for co7 production activities of Arrow 3 Upper Tier missiles in 

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

9 requirements consistent with each nation’s laws, regula10 tions, and procedures, subject to the U.S.-Israeli co-pro11 duction agreement for Arrow 3 Upper Tier, as amended; 

12 $105,000,000 shall be for testing of the upper-tier compo13 nent to the Israeli Missile Defense Architecture in the 

14 United States; and $82,300,000 shall be for the Arrow 

15 System Improvement Program including development of 

16 a long range, ground and airborne, detection suite: Pro17 vided further, That the transfer authority provided under 

18 this provision is in addition to any other transfer authority 

19 contained in this Act. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8068. Of the amounts appropriated in this Act 

22 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

23 $117,542,000 shall be available until September 30, 2018, 

24 to fund prior year shipbuilding cost increases: Provided, 

25 That upon enactment of this Act, the Secretary of the 


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1 Navy shall transfer funds to the following appropriations 

2 in the amounts specified: Provided further, That the 

3 amounts transferred shall be merged with and be available 

4 for the same purposes as the appropriations to which 

5 transferred to: 

6 (1) Under the heading ‘‘Shipbuilding and Con7 version, Navy’’, 2012/2018: Carrier Replacement 

8 Program $20,000,000; 

9 (2) Under the heading ‘‘Shipbuilding and Con10 version, Navy’’, 2008/2018: DDG–51 Destroyer 

11 $19,436,000; 

12 (3) Under the heading ‘‘Shipbuilding and Con13 version, Navy’’, 2012/2018: Littoral Combat Ship 

14 $6,394,000; 

15 (4) Under the heading ‘‘Shipbuilding and Con16 version, Navy’’, 2012/2018: LHA Replacement 

17 $14,200,000; 

18 (5) Under the heading ‘‘Shipbuilding and Con19 version, Navy’’, 2013/2018: DDG–51 Destroyer 

20 $31,941,000; 

21 (6) Under the heading ‘‘Shipbuilding and Con22 version, Navy’’, 2014/2018: Litoral Combat Ship 

23 $20,471,000; and 

24 (7) Under the heading ‘‘Shipbuilding and Con25 version, Navy’’, 2015/2018: LCAC $5,100,000. 


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1 SEC. 8069. Funds appropriated by this Act, or made 

2 available by the transfer of funds in this Act, for intel3 ligence activities are deemed to be specifically authorized 

4 by the Congress for purposes of section 504 of the Na5 tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 

6 year 2018 until the enactment of the Intelligence Author7 ization Act for Fiscal Year 2018. 

8 SEC. 8070. None of the funds provided in this Act 

9 shall be available for obligation or expenditure through a 

10 reprogramming of funds that creates or initiates a new 

11 program, project, or activity unless such program, project, 

12 or activity must be undertaken immediately in the interest 

13 of national security and only after written prior notifica14 tion to the congressional defense committees. 

15 SEC. 8071. The budget of the President for fiscal 

16 year 2018 submitted to the Congress pursuant to section 

17 1105 of title 31, United States Code, shall include sepa18 rate budget justification documents for costs of United 

19 States Armed Forces’ participation in contingency oper20 ations for the Military Personnel accounts, the Operation 

21 and Maintenance accounts, the Procurement accounts, 

22 and the Research, Development, Test and Evaluation ac23 counts: Provided, That these documents shall include a de24 scription of the funding requested for each contingency op25 eration, for each military service, to include all Active and 


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1 Reserve components, and for each appropriations account: 

2 Provided further, That these documents shall include esti3 mated costs for each element of expense or object class, 

4 a reconciliation of increases and decreases for each contin5 gency operation, and programmatic data including, but 

6 not limited to, troop strength for each Active and Reserve 

7 component, and estimates of the major weapons systems 

8 deployed in support of each contingency: Provided further, 

9 That these documents shall include budget exhibits OP– 

10 5 and OP–32 (as defined in the Department of Defense 

11 Financial Management Regulation) for all contingency op12 erations for the budget year and the two preceding fiscal 

13 years. 

14 SEC. 8072. None of the funds in this Act may be 

15 used for research, development, test, evaluation, procure16 ment or deployment of nuclear armed interceptors of a 

17 missile defense system. 

18 SEC. 8073. Notwithstanding any other provision of 

19 this Act, to reflect savings due to favorable foreign ex20 change rates, the total amount appropriated in this Act 

21 is hereby reduced by $289,000,000. 

22 SEC. 8074. None of the funds appropriated or made 

23 available in this Act shall be used to reduce or disestablish 

24 the operation of the 53rd Weather Reconnaissance Squad25 ron of the Air Force Reserve, if such action would reduce 


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1 the WC–130 Weather Reconnaissance mission below the 

2 levels funded in this Act: Provided, That the Air Force 

3 shall allow the 53rd Weather Reconnaissance Squadron to 

4 perform other missions in support of national defense re5 quirements during the non-hurricane season. 

6 SEC. 8075. None of the funds provided in this Act 

7 shall be available for integration of foreign intelligence in8 formation unless the information has been lawfully col9 lected and processed during the conduct of authorized for10 eign intelligence activities: Provided, That information 

11 pertaining to United States persons shall only be handled 

12 in accordance with protections provided in the Fourth 

13 Amendment of the United States Constitution as imple14 mented through Executive Order No. 12333. 

15 SEC. 8076. (a) None of the funds appropriated by 

16 this Act may be used to transfer research and develop17 ment, acquisition, or other program authority relating to 

18 current tactical unmanned aerial vehicles (TUAVs) from 

19 the Army. 

20 (b) The Army shall retain responsibility for and oper21 ational control of the MQ–1C Gray Eagle Unmanned Aer22 ial Vehicle (UAV) in order to support the Secretary of De23 fense in matters relating to the employment of unmanned 

24 aerial vehicles. 


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1 SEC. 8077. None of the funds appropriated by this 

2 Act for programs of the Office of the Director of National 

3 Intelligence shall remain available for obligation beyond 

4 the current fiscal year, except for funds appropriated for 

5 research and technology, which shall remain available until 

6 September 30, 2019. 

7 SEC. 8078. For purposes of section 1553(b) of title 

8 31, United States Code, any subdivision of appropriations 

9 made in this Act under the heading ‘‘Shipbuilding and 

10 Conversion, Navy’’ shall be considered to be for the same 

11 purpose as any subdivision under the heading ‘‘Ship12 building and Conversion, Navy’’ appropriations in any 

13 prior fiscal year, and the 1 percent limitation shall apply 

14 to the total amount of the appropriation. 

15 SEC. 8079. (a) Not later than 60 days after the date 

16 of enactment of this Act, the Director of National Intel17 ligence shall submit a report to the congressional intel18 ligence committees to establish the baseline for application 

19 of reprogramming and transfer authorities for fiscal year 

20 2018: Provided, That the report shall include— 

21 (1) a table for each appropriation with a sepa22 rate column to display the President’s budget re23 quest, adjustments made by Congress, adjustments 

24 due to enacted rescissions, if appropriate, and the 

25 fiscal year enacted level; 


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1 (2) a delineation in the table for each appro2 priation by Expenditure Center and project; and 

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

5 (b) None of the funds provided for the National Intel6 ligence Program in this Act shall be available for re7 programming or transfer until the report identified in sub8 section (a) is submitted to the congressional intelligence 

9 committees, unless the Director of National Intelligence 

10 certifies in writing to the congressional intelligence com11 mittees that such reprogramming or transfer is necessary 

12 as an emergency requirement. 

13 SEC. 8080. None of the funds made available by this 

14 Act may be used to eliminate, restructure, or realign Army 

15 Contracting Command—New Jersey or make dispropor16 tionate personnel reductions at any Army Contracting 

17 Command—New Jersey sites without 30-day prior notifi18 cation to the congressional defense committees. 

19 (RESCISSION)

20 SEC. 8081. Of the unobligated balances available to 

21 the Department of Defense, the following funds are per22 manently rescinded from the following accounts and pro23 grams in the specified amounts to reflect excess cash bal24 ances in the Department of Defense Acquisition Work25 force Development Fund: 


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1 From ‘‘Department of Defense Acquisition 

2 Workforce Development Fund, Defense’’, 

3 $10,000,000. 

4 SEC. 8082. None of the funds made available by this 

5 Act for excess defense articles, assistance under section 

6 333 of title 10, United States Code, or peacekeeping oper7 ations for the countries designated annually to be in viola8 tion of the standards of the Child Soldiers Prevention Act 

9 of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) may 

10 be used to support any military training or operation that 

11 includes child soldiers, as defined by the Child Soldiers 

12 Prevention Act of 2008, unless such assistance is other13 wise permitted under section 404 of the Child Soldiers 

14 Prevention Act of 2008. 

15 SEC. 8083. (a) None of the funds provided for the 

16 National Intelligence Program in this or any prior appro17 priations Act shall be available for obligation or expendi18 ture through a reprogramming or transfer of funds in ac19 cordance with section 102A(d) of the National Security 

20 Act of 1947 (50 U.S.C. 3024(d)) that— 

21 (1) creates a new start effort; 

22 (2) terminates a program with appropriated 

23 funding of $10,000,000 or more; 

24 (3) transfers funding into or out of the Na25 tional Intelligence Program; or 


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1 (4) transfers funding between appropriations, 

2 unless the congressional intelligence committees are 

3 notified 30 days in advance of such reprogramming 

4 of funds; this notification period may be reduced for 

5 urgent national security requirements. 

6 (b) None of the funds provided for the National Intel7 ligence Program in this or any prior appropriations Act 

8 shall be available for obligation or expenditure through a 

9 reprogramming or transfer of funds in accordance with 

10 section 102A(d) of the National Security Act of 1947 (50 

11 U.S.C. 3024(d)) that results in a cumulative increase or 

12 decrease of the levels specified in the classified annex ac13 companying the Act unless the congressional intelligence 

14 committees are notified 30 days in advance of such re15 programming of funds; this notification period may be re16 duced for urgent national security requirements. 

17 SEC. 8084. The Director of National Intelligence 

18 shall submit to Congress each year, at or about the time 

19 that the President’s budget is submitted to Congress that 

20 year under section 1105(a) of title 31, United States 

21 Code, a future-years intelligence program (including asso22 ciated annexes) reflecting the estimated expenditures and 

23 proposed appropriations included in that budget. Any such 

24 future-years intelligence program shall cover the fiscal 


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1 year with respect to which the budget is submitted and 

2 at least the four succeeding fiscal years. 

3 SEC. 8085. For the purposes of this Act, the term 

4 ‘‘congressional intelligence committees’’ means the Perma5 nent Select Committee on Intelligence of the House of 

6 Representatives, the Select Committee on Intelligence of 

7 the Senate, the Subcommittee on Defense of the Com8 mittee on Appropriations of the House of Representatives, 

9 and the Subcommittee on Defense of the Committee on 

10 Appropriations of the Senate. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 8086. During the current fiscal year, not to ex13 ceed $11,000,000 from each of the appropriations made 

14 in title II of this Act for ‘‘Operation and Maintenance, 

15 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper16 ation and Maintenance, Air Force’’ may be transferred by 

17 the military department concerned to its central fund es18 tablished for Fisher Houses and Suites pursuant to sec19 tion 2493(d) of title 10, United States Code. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8087. Not to exceed $500,000,000 appropriated 

22 by this Act for operation and maintenance may be avail23 able for the purpose of making remittances and transfer 

24 to the Defense Acquisition Workforce Development Fund 


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1 in accordance with section 1705 of title 10, United States 

2 Code. 

3 SEC. 8088. (a) Any agency receiving funds made 

4 available in this Act, shall, subject to subsections (b) and 

5 (c), post on the public website of that agency any report 

6 required to be submitted by the Congress in this or any 

7 other Act, upon the determination by the head of the agen8 cy that it shall serve the national interest. 

9 (b) Subsection (a) shall not apply to a report if— 

10 (1) the public posting of the report com11 promises national security; or 

12 (2) the report contains proprietary information. 

13 (c) The head of the agency posting such report shall 

14 do so only after such report has been made available to 

15 the requesting Committee or Committees of Congress for 

16 no less than 45 days. 

17 SEC. 8089. (a) None of the funds appropriated or 

18 otherwise made available by this Act may be expended for 

19 any Federal contract for an amount in excess of 

20 $1,000,000, unless the contractor agrees not to— 

21 (1) enter into any agreement with any of its 

22 employees or independent contractors that requires, 

23 as a condition of employment, that the employee or 

24 independent contractor agree to resolve through ar25 bitration any claim under title VII of the Civil 


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1 Rights Act of 1964 or any tort related to or arising 

2 out of sexual assault or harassment, including as3 sault and battery, intentional infliction of emotional 

4 distress, false imprisonment, or negligent hiring, su5 pervision, or retention; or 

6 (2) take any action to enforce any provision of 

7 an existing agreement with an employee or inde8 pendent contractor that mandates that the employee 

9 or independent contractor resolve through arbitra10 tion any claim under title VII of the Civil Rights Act 

11 of 1964 or any tort related to or arising out of sex12 ual assault or harassment, including assault and 

13 battery, intentional infliction of emotional distress, 

14 false imprisonment, or negligent hiring, supervision, 

15 or retention. 

16 (b) None of the funds appropriated or otherwise 

17 made available by this Act may be expended for any Fed18 eral contract unless the contractor certifies that it requires 

19 each covered subcontractor to agree not to enter into, and 

20 not to take any action to enforce any provision of, any 

21 agreement as described in paragraphs (1) and (2) of sub22 section (a), with respect to any employee or independent 

23 contractor performing work related to such subcontract. 

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1 tractor’’ is an entity that has a subcontract in excess of 

2 $1,000,000 on a contract subject to subsection (a). 

3 (c) The prohibitions in this section do not apply with 

4 respect to a contractor’s or subcontractor’s agreements 

5 with employees or independent contractors that may not 

6 be enforced in a court of the United States. 

7 (d) The Secretary of Defense may waive the applica8 tion of subsection (a) or (b) to a particular contractor or 

9 subcontractor for the purposes of a particular contract or 

10 subcontract if the Secretary or the Deputy Secretary per11 sonally determines that the waiver is necessary to avoid 

12 harm to national security interests of the United States, 

13 and that the term of the contract or subcontract is not 

14 longer than necessary to avoid such harm. The determina15 tion shall set forth with specificity the grounds for the 

16 waiver and for the contract or subcontract term selected, 

17 and shall state any alternatives considered in lieu of a 

18 waiver and the reasons each such alternative would not 

19 avoid harm to national security interests of the United 

20 States. The Secretary of Defense shall transmit to Con21 gress, and simultaneously make public, any determination 

22 under this subsection not less than 15 business days be23 fore the contract or subcontract addressed in the deter24 mination may be awarded. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8090. From within the funds appropriated for 

3 operation and maintenance for the Defense Health Pro4 gram in this Act, up to $115,519,000, shall be available 

5 for transfer to the Joint Department of Defense-Depart6 ment of Veterans Affairs Medical Facility Demonstration 

7 Fund in accordance with the provisions of section 1704 

8 of the National Defense Authorization Act for Fiscal Year 

9 2010, Public Law 111–84: Provided, That for purposes 

10 of section 1704(b), the facility operations funded are oper11 ations of the integrated Captain James A. Lovell Federal 

12 Health Care Center, consisting of the North Chicago Vet13 erans Affairs Medical Center, the Navy Ambulatory Care 

14 Center, and supporting facilities designated as a combined 

15 Federal medical facility as described by section 706 of 

16 Public Law 110–417: Provided further, That additional 

17 funds may be transferred from funds appropriated for op18 eration and maintenance for the Defense Health Program 

19 to the Joint Department of Defense-Department of Vet20 erans Affairs Medical Facility Demonstration Fund upon 

21 written notification by the Secretary of Defense to the 

22 Committees on Appropriations of the House of Represent23 atives and the Senate. 

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1 partment of Defense or a component thereof in contraven2 tion of the provisions of section 130h of title 10, United 

3 States Code. 

4 SEC. 8092. Appropriations available to the Depart5 ment of Defense may be used for the purchase of heavy 

6 and light armored vehicles for the physical security of per7 sonnel or for force protection purposes up to a limit of 

8 $450,000 per vehicle, notwithstanding price or other limi9 tations applicable to the purchase of passenger carrying 

10 vehicles. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 8093. Upon a determination by the Director of 

13 National Intelligence that such action is necessary and in 

14 the national interest, the Director may, with the approval 

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

16 exceed $1,500,000,000 of the funds made available in this 

17 Act for the National Intelligence Program: Provided, That 

18 such authority to transfer may not be used unless for 

19 higher priority items, based on unforeseen intelligence re20 quirements, than those for which originally appropriated 

21 and in no case where the item for which funds are re22 quested has been denied by the Congress: Provided further, 

23 That a request for multiple reprogrammings of funds 

24 using authority provided in this section shall be made 

25 prior to June 30, 2017. 


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1 SEC. 8094. None of the funds appropriated or other2 wise made available in this or any other Act may be used 

3 to transfer, release, or assist in the transfer or release to 

4 or within the United States, its territories, or possessions 

5 Khalid Sheikh Mohammed or any other detainee who— 

6 (1) is not a United States citizen or a member 

7 of the Armed Forces of the United States; and 

8 (2) is or was held on or after June 24, 2009, 

9 at United States Naval Station, Guanta ́namo Bay, 

10 Cuba, by the Department of Defense. 

11 SEC. 8095. (a) None of the funds appropriated or 

12 otherwise made available in this or any other Act may be 

13 used to construct, acquire, or modify any facility in the 

14 United States, its territories, or possessions to house any 

15 individual described in subsection (c) for the purposes of 

16 detention or imprisonment in the custody or under the ef17 fective control of the Department of Defense. 

18 (b) The prohibition in subsection (a) shall not apply 

19 to any modification of facilities at United States Naval 

20 Station, Guanta ́namo Bay, Cuba. 

21 (c) An individual described in this subsection is any 

22 individual who, as of June 24, 2009, is located at United 

23 States Naval Station, Guanta ́namo Bay, Cuba, and who— 


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1 (1) is not a citizen of the United States or a 

2 member of the Armed Forces of the United States; 

3 and 

4 (2) is— 

5 (A) in the custody or under the effective 

6 control of the Department of Defense; or 

7 (B) otherwise under detention at United 

8 States Naval Station, Guanta ́namo Bay, Cuba. 

9 SEC. 8096. None of the funds appropriated or other10 wise made available in this Act may be used to transfer 

11 any individual detained at United States Naval Station 

12 Guanta ́namo Bay, Cuba, to the custody or control of the 

13 individual’s country of origin, any other foreign country, 

14 or any other foreign entity except in accordance with sec15 tion 1034 of the National Defense Authorization Act for 

16 Fiscal Year 2016 (Public Law 114–92) and section 1034 

17 of the National Defense Authorization Act for Fiscal Year 

18 2017 (Public Law 114–328). 

19 SEC. 8097. None of the funds made available by this 

20 Act may be used in contravention of the War Powers Res21 olution (50 U.S.C. 1541 et seq.). 

22 SEC. 8098. (a) None of the funds appropriated or 

23 otherwise made available by this or any other Act may 

24 be used by the Secretary of Defense, or any other official 

25 or officer of the Department of Defense, to enter into a 


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1 contract, memorandum of understanding, or cooperative 

2 agreement with, or make a grant to, or provide a loan 

3 or loan guarantee to Rosoboronexport or any subsidiary 

4 of Rosoboronexport. 

5 (b) The Secretary of Defense may waive the limita6 tion in subsection (a) if the Secretary, in consultation with 

7 the Secretary of State and the Director of National Intel8 ligence, determines that it is in the vital national security 

9 interest of the United States to do so, and certifies in writ10 ing to the congressional defense committees that, to the 

11 best of the Secretary’s knowledge: 

12 (1) Rosoboronexport has ceased the transfer of 

13 lethal military equipment to, and the maintenance of 

14 existing lethal military equipment for, the Govern15 ment of the Syrian Arab Republic; 

16 (2) The armed forces of the Russian Federation 

17 have withdrawn from Crimea, other than armed 

18 forces present on military bases subject to agree19 ments in force between the Government of the Rus20 sian Federation and the Government of Ukraine; 

21 and 

22 (3) Agents of the Russian Federation have 

23 ceased taking active measures to destabilize the con24 trol of the Government of Ukraine over eastern 

25 Ukraine. 


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1 (c) The Inspector General of the Department of De2 fense shall conduct a review of any action involving 

3 Rosoboronexport with respect to a waiver issued by the 

4 Secretary of Defense pursuant to subsection (b), and not 

5 later than 90 days after the date on which such a waiver 

6 is issued by the Secretary of Defense, the Inspector Gen7 eral shall submit to the congressional defense committees 

8 a report containing the results of the review conducted 

9 with respect to such waiver. 

10 SEC. 8099. None of the funds made available in this 

11 Act may be used for the purchase or manufacture of a 

12 flag of the United States unless such flags are treated as 

13 covered items under section 2533a(b) of title 10, United 

14 States Code. 

15 SEC. 8100. (a) Of the funds appropriated in this Act 

16 for the Department of Defense, amounts may be made 

17 available, under such regulations as the Secretary of De18 fense may prescribe, to local military commanders ap19 pointed by the Secretary, or by an officer or employee des20 ignated by the Secretary, to provide at their discretion ex 

21 gratia payments in amounts consistent with subsection (d) 

22 of this section for damage, personal injury, or death that 

23 is incident to combat operations of the Armed Forces in 

24 a foreign country. 


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1 (b) An ex gratia payment under this section may be 

2 provided only if— 

3 (1) the prospective foreign civilian recipient is 

4 determined by the local military commander to be 

5 friendly to the United States; 

6 (2) a claim for damages would not be compen7 sable under chapter 163 of title 10, United States 

8 Code (commonly known as the ‘‘Foreign Claims 

9 Act’’); and 

10 (3) the property damage, personal injury, or 

11 death was not caused by action by an enemy. 

12 (c) NATURE OF PAYMENTS.—Any payments provided 

13 under a program under subsection (a) shall not be consid14 ered an admission or acknowledgement of any legal obliga15 tion to compensate for any damage, personal injury, or 

16 death. 

17 (d) AMOUNT OF PAYMENTS.—If the Secretary of De18 fense determines a program under subsection (a) to be ap19 propriate in a particular setting, the amounts of pay20 ments, if any, to be provided to civilians determined to 

21 have suffered harm incident to combat operations of the 

22 Armed Forces under the program should be determined 

23 pursuant to regulations prescribed by the Secretary and 

24 based on an assessment, which should include such factors 


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1 as cultural appropriateness and prevailing economic condi2 tions. 

3 (e) LEGAL ADVICE.—Local military commanders 

4 shall receive legal advice before making ex gratia pay5 ments under this subsection. The legal advisor, under reg6 ulations of the Department of Defense, shall advise on 

7 whether an ex gratia payment is proper under this section 

8 and applicable Department of Defense regulations. 

9 (f) WRITTEN RECORD.—A written record of any ex 

10 gratia payment offered or denied shall be kept by the local 

11 commander and on a timely basis submitted to the appro12 priate office in the Department of Defense as determined 

13 by the Secretary of Defense. 

14 (g) REPORT.—The Secretary of Defense shall report 

15 to the congressional defense committees on an annual 

16 basis the efficacy of the ex gratia payment program in17 cluding the number of types of cases considered, amounts 

18 offered, the response from ex gratia payment recipients, 

19 and any recommended modifications to the program. 

20 SEC. 8101. None of the funds available in this Act 

21 to the Department of Defense, other than appropriations 

22 made for necessary or routine refurbishments, upgrades 

23 or maintenance activities, shall be used to reduce or to 

24 prepare to reduce the number of deployed and non-de25 ployed strategic delivery vehicles and launchers below the 


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1 levels set forth in the report submitted to Congress in ac2 cordance with section 1042 of the National Defense Au3 thorization Act for Fiscal Year 2012. 

4 SEC. 8102. The Secretary of Defense shall post grant 

5 awards on a public Website in a searchable format. 

6 SEC. 8103. None of the funds made available by this 

7 Act may be used to fund the performance of a flight dem8 onstration team at a location outside of the United States: 

9 Provided, That this prohibition applies only if a perform10 ance of a flight demonstration team at a location within 

11 the United States was canceled during the current fiscal 

12 year due to insufficient funding. 

13 SEC. 8104. None of the funds made available by this 

14 Act may be used by the National Security Agency to— 

15 (1) conduct an acquisition pursuant to section 

16 702 of the Foreign Intelligence Surveillance Act of 

17 1978 for the purpose of targeting a United States 

18 person; or 

19 (2) acquire, monitor, or store the contents (as 

20 such term is defined in section 2510(8) of title 18, 

21 United States Code) of any electronic communica22 tion of a United States person from a provider of 

23 electronic communication services to the public pur24 suant to section 501 of the Foreign Intelligence Sur25 veillance Act of 1978. 


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1 SEC. 8105. None of the funds made available by this 

2 Act may be obligated or expended to implement the Arms 

3 Trade Treaty until the Senate approves a resolution of 

4 ratification for the Treaty. 

5 SEC. 8106. None of the funds made available in this 

6 or any other Act may be used to pay the salary of any 

7 officer or employee of any agency funded by this Act who 

8 approves or implements the transfer of administrative re9 sponsibilities or budgetary resources of any program, 

10 project, or activity financed by this Act to the jurisdiction 

11 of another Federal agency not financed by this Act unless 

12 explicity provided for in a Defense Appropriations Act: 

13 Provided, That this limitation shall not apply to transfers 

14 of funds expressly provided for in Defense Appropriations 

15 Acts, or provisions of Acts providing supplemental appro16 priations for the Department of Defense. 

17 SEC. 8107. None of the funds made available in this 

18 Act may be obligated for activities authorized under sec19 tion 1208 of the Ronald W. Reagan National Defense Au20 thorization Act for Fiscal Year 2005 (Public Law 112– 

21 81; 125 Stat. 1621) to initiate support for, or expand sup22 port to, foreign forces, irregular forces, groups, or individ23 uals unless the congressional defense committees are noti24 fied in accordance with the direction contained in the clas25 sified annex accompanying this Act, not less than 15 days 


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1 before initiating such support: Provided, That none of the 

2 funds made available in this Act may be used under sec3 tion 1208 for any activity that is not in support of an 

4 ongoing military operation being conducted by United 

5 States Special Operations Forces to combat terrorism: 

6 Provided further, That the Secretary of Defense may waive 

7 the prohibitions in this section if the Secretary determines 

8 that such waiver is required by extraordinary cir9 cumstances and, by not later than 72 hours after making 

10 such waiver, notifies the congressional defense committees 

11 of such waiver. 

12 SEC. 8108. None of the funds made available by this 

13 Act may be used with respect to Iraq in contravention of 

14 the War Powers Resolution (50 U.S.C. 1541 et seq.), in15 cluding for the introduction of United States armed forces 

16 into hostilities in Iraq, into situations in Iraq where immi17 nent involvement in hostilities is clearly indicated by the 

18 circumstances, or into Iraqi territory, airspace, or waters 

19 while equipped for combat, in contravention of the con20 gressional consultation and reporting requirements of sec21 tions 3 and 4 of such Resolution (50 U.S.C. 1542 and 

22 1543). 

23 SEC. 8109. None of the funds provided in this Act 

24 for the T–AO Fleet Oiler or the Towing, Salvage, and Res25 cue Ship programs shall be used to award a new contract 


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1 that provides for the acquisition of the following compo2 nents unless those components are manufactured in the 

3 United States: Auxiliary equipment (including pumps) for 

4 shipboard services; propulsion equipment (including en5 gines, reduction gears, and propellers); shipboard cranes; 

6 and spreaders for shipboard cranes. 

7 SEC. 8110. The amount appropriated in title II of 

8 this Act for ‘‘Operation and Maintenance, Army’’ is here9 by reduced by $75,000,000 to reflect excess cash balances 

10 in Department of Defense Working Capital Funds. 

11 SEC. 8111. Notwithstanding any other provision of 

12 this Act, to reflect savings due to lower than anticipated 

13 fuel costs, the total amount appropriated in title II of this 

14 Act is hereby reduced by $1,007,267,000. 

15 SEC. 8112. None of the funds made available by this 

16 Act may be used for Government Travel Charge Card ex17 penses by military or civilian personnel of the Department 

18 of Defense for gaming, or for entertainment that includes 

19 topless or nude entertainers or participants, as prohibited 

20 by Department of Defense FMR, Volume 9, Chapter 3 

21 and Department of Defense Instruction 1015.10 (enclo22 sure 3, 14a and 14b). 

23 SEC. 8113. None of the funds made available by this 

24 Act may be used to propose, plan for, or execute a new 


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1 or additional Base Realignment and Closure (BRAC) 

2 round. 

3 SEC. 8114. Of the amounts appropriated in this Act 

4 for ‘‘Operation and Maintenance, Navy’’, $289,255,000, 

5 to remain available until expended, may be used for any 

6 purposes related to the National Defense Reserve Fleet 

7 established under section 11 of the Merchant Ship Sales 

8 Act of 1946 (50 U.S.C. 4405): Provided, That such 

9 amounts are available for reimbursements to the Ready 

10 Reserve Force, Maritime Administration account of the 

11 United States Department of Transportation for pro12 grams, projects, activities, and expenses related to the Na13 tional Defense Reserve Fleet. 

14 SEC. 8115. None of the funds made available by this 

15 Act for the Joint Surveillance Target Attack Radar Sys16 tem recapitalization program may be obligated or ex17 pended for pre-milestone B activities after March 31, 

18 2018, except for source selection and other activities nec19 essary to enter the engineering and manufacturing devel20 opment phase. 

21 SEC. 8116. None of the funds made available by this 

22 Act may be used to carry out the closure or realignment 

23 of the United States Naval Station, Guanta ́namo Bay, 

24 Cuba. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8117. Additional readiness funds made available 

3 in title II of this Act for ‘‘Operation and Maintenance, 

4 Army’’, ‘‘Operation and Maintenance, Navy’’, ‘‘Operation 

5 and Maintenance, Marine Corps’’, and ‘‘Operation and 

6 Maintenance, Air Force’’ may be transferred to and 

7 merged with any appropriation of the Department of De8 fense for activities related to the Zika virus in order to 

9 provide health support for the full range of military oper10 ations and sustain the health of the members of the Armed 

11 Forces, civilian employees of the Department of Defense, 

12 and their families, to include: research and development, 

13 disease surveillance, vaccine development, rapid detection, 

14 vector controls and surveillance, training, and outbreak re15 sponse: Provided, That the authority provided in this sec16 tion is subject to the same terms and conditions as the 

17 authority provided in section 8005 of this Act. 

18 SEC. 8118. (a) None of the funds made available in 

19 this Act may be used to maintain or establish a computer 

20 network unless such network is designed to block access 

21 to pornography websites. 

22 (b) Nothing in subsection (a) shall limit the use of 

23 funds necessary for any Federal, State, tribal, or local law 

24 enforcement agency or any other entity carrying out crimi25 nal investigations, prosecution, or adjudication activities, 


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1 or for any activity necessary for the national defense, in2 cluding intelligence activities. 

3 SEC. 8119. Notwithstanding any other provision of 

4 law, any transfer of funds appropriated or otherwise made 

5 available by this Act to the Global Engagement Center 

6 pursuant to section 1287 of the National Defense Author7 ization Act for Fiscal Year 2017 (Public Law 114–328) 

8 shall be made in accordance with section 8005 or 9002 

9 of this Act, as applicable. 

10 SEC. 8120. No amounts credited or otherwise made 

11 available in this or any other Act to the Department of 

12 Defense Acquisition Workforce Development Fund may be 

13 transferred to: 

14 (1) the Rapid Prototyping Fund established 

15 under section 804(d) of the National Defense Au16 thorization Act for Fiscal Year 2016 (10 U.S.C. 

17 2302 note); or 

18 (2) credited to a military-department specific 

19 fund established under section 804(d)(2) of the Na20 tional Defense Authorization Act for Fiscal Year 

21 2016 (as amended by section 897 of the National 

22 Defense Authorization Act for Fiscal Year 2017). 

23 (INCLUDING TRANSFER FUND)

24 SEC. 8121. In addition to amounts provided else25 where in this Act for military personnel pay, including acVerDate Sep 11 2014 00:00 Dec 14, 2017 Jkt 079200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\HJ124.IH HJ124

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1 tive duty, reserve and National Guard personnel, 

2 $206,400,000 is hereby appropriated to the Department 

3 of Defense and made available for transfer only to military 

4 personnel accounts: Provided, That the transfer authority 

5 provided under this heading is in addition to any other 

6 transfer authority provided elsewhere in this Act. 

7 SEC. 8122. In addition to amounts provided else8 where in this Act, there is appropriated $235,000,000, for 

9 an additional amount for ‘‘Operation and Maintenance, 

10 Defense-Wide’’, to remain available until expended: Pro11 vided, That such funds shall only be available to the Sec12 retary of Defense, acting through the Office of Economic 

13 Adjustment of the Department of Defense, or for transfer 

14 to the Secretary of Education, notwithstanding any other 

15 provision of law, to make grants, conclude cooperative 

16 agreements, or supplement other Federal funds to con17 struct, renovate, repair, or expand elementary and sec18 ondary public schools on military installations in order to 

19 address capacity or facility condition deficiencies at such 

20 schools: Provided further, That in making such funds 

21 available, the Office of Economic Adjustment or the Sec22 retary of Education shall give priority consideration to 

23 those military installations with schools having the most 

24 serious capacity or facility condition deficiencies as deter25 mined by the Secretary of Defense: Provided further, That 


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1 as a condition of receiving funds under this section a local 

2 educational agency or State shall provide a matching share 

3 as described in the notice titled ‘‘Department of Defense 

4 Program for Construction, Renovation, Repair or Expan5 sion of Public Schools Located on Military Installations’’ 

6 published by the Department of Defense in the Federal 

7 Register on September 9, 2011 (76 Fed. Reg. 55883 et 

8 seq.): Provided further, That these provisions apply to 

9 funds provided under this section, and to funds previously 

10 provided by Congress to construct, renovate, repair, or ex11 pand elementary and secondary public schools on military 

12 installations in order to address capacity or facility condi13 tion deficiencies at such schools to the extent such funds 

14 remain unobligated on the date of enactment of this sec15 tion. 

16 SEC. 8123. None of the funds made available by this 

17 Act may be used to carry out the changes to the Joint 

18 Travel Regulations of the Department of Defense de19 scribed in the memorandum of the Per Diem Travel and 

20 Transportation Allowance Committee titled ‘‘UTD/CTD 

21 for MAP 118–13/CAP 118–13 - Flat Rate Per Diem for 

22 Long Term TDY’’ and dated October 1, 2014. 

23 SEC. 8124. In carrying out the program described in 

24 the memorandum on the subject of ‘‘Policy for Assisted 

25 Reproductive Services for the Benefit of Seriously or SeVerDate Sep 11 2014 00:00 Dec 14, 2017 Jkt 079200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\HJ124.IH HJ124

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1 verely Ill/Injured (Category II or III) Active Duty Service 

2 Members’’ issued by the Assistant Secretary of Defense 

3 for Health Affairs on April 3, 2012, and the guidance 

4 issued to implement such memorandum, the Secretary of 

5 Defense shall apply such policy and guidance, except 

6 that— 

7 (1) the limitation on periods regarding embryo 

8 cryopreservation and storage set forth in part III(G) 

9 and in part IV(H) of such memorandum shall not 

10 apply; and 

11 (2) the term ‘‘assisted reproductive technology’’ 

12 shall include embryo cryopreservation and storage 

13 without limitation on the duration of such 

14 cryopreservation and storage. 

15 TITLE IX 

16 OVERSEAS CONTINGENCY OPERATIONS/GLOBAL 

17 WAR ON TERRORISM 

18 MILITARY PERSONNEL 

19 MILITARY PERSONNEL, ARMY

20 For an additional amount for ‘‘Military Personnel, 

21 Army’’, $2,635,317,000: Provided, That such amount is 

22 designated by the Congress for Overseas Contingency Op23 erations/Global War on Terrorism pursuant to section 

24 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 


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1 MILITARY PERSONNEL, NAVY

2 For an additional amount for ‘‘Military Personnel, 

3 Navy’’, $377,857,000: Provided, That such amount is des4 ignated by the Congress for Overseas Contingency Oper5 ations/Global War on Terrorism pursuant to section 

6 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 MILITARY PERSONNEL, MARINE CORPS

9 For an additional amount for ‘‘Military Personnel, 

10 Marine Corps’’, $103,800,000: Provided, That such 

11 amount is designated by the Congress for Overseas Con12 tingency Operations/Global War on Terrorism pursuant to 

13 section 251(b)(2)(A)(ii) of the Balanced Budget and 

14 Emergency Deficit Control Act of 1985. 

15 MILITARY PERSONNEL, AIR FORCE

16 For an additional amount for ‘‘Military Personnel, 

17 Air Force’’, $912,779,000: Provided, That such amount 

18 is designated by the Congress for Overseas Contingency 

19 Operations/Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 RESERVE PERSONNEL, ARMY

23 For an additional amount for ‘‘Reserve Personnel, 

24 Army’’, $24,942,000: Provided, That such amount is des25 ignated by the Congress for Overseas Contingency OperVerDate Sep 11 2014 00:00 Dec 14, 2017 Jkt 079200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\HJ124.IH HJ124

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1 ations/Global War on Terrorism pursuant to section 

2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985. 

4 RESERVE PERSONNEL, NAVY

5 For an additional amount for ‘‘Reserve Personnel, 

6 Navy’’, $9,091,000: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 RESERVE PERSONNEL, MARINE CORPS

12 For an additional amount for ‘‘Reserve Personnel, 

13 Marine Corps’’, $2,328,000: Provided, That such amount 

14 is designated by the Congress for Overseas Contingency 

15 Operations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 RESERVE PERSONNEL, AIR FORCE

19 For an additional amount for ‘‘Reserve Personnel, 

20 Air Force’’, $20,569,000: Provided, That such amount is 

21 designated by the Congress for Overseas Contingency Op22 erations/Global War on Terrorism pursuant to section 

23 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 


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1 NATIONAL GUARD PERSONNEL, ARMY

2 For an additional amount for ‘‘National Guard Per3 sonnel, Army’’, $184,589,000: Provided, That such 

4 amount is designated by the Congress for Overseas Con5 tingency Operations/Global War on Terrorism pursuant to 

6 section 251(b)(2)(A)(ii) of the Balanced Budget and 

7 Emergency Deficit Control Act of 1985. 

8 NATIONAL GUARD PERSONNEL, AIR FORCE

9 For an additional amount for ‘‘National Guard Per10 sonnel, Air Force’’, $5,004,000: Provided, That such 

11 amount is designated by the Congress for Overseas Con12 tingency Operations/Global War on Terrorism pursuant to 

13 section 251(b)(2)(A)(ii) of the Balanced Budget and 

14 Emergency Deficit Control Act of 1985. 

15 MILITARY PERSONNEL, NATIONAL DEFENSE

16 RESTORATION FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 In addition to amounts provided elsewhere in this 

19 Act, there is appropriated $1,000,000,000, for the ‘‘Mili20 tary Personnel, National Defense Restoration Fund’’: Pro21 vided, That such funds provided under this heading shall 

22 only be available for programs, projects and activities nec23 essary to implement the 2018 National Defense Strategy: 

24 Provided further, That such funds shall not be available 

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1 mitted, and the congressional defense committees have ap2 proved, the proposed allocation plan for the use of such 

3 funds to implement such strategy: Provided further, That 

4 such allocation plan shall include a detailed justification 

5 for the use of such funds and a description of how such 

6 investments are necessary to implement the strategy: Pro7 vided further, That the Secretary of Defense may transfer 

8 these funds only to military personnel accounts: Provided 

9 further, That the funds transferred shall be merged with 

10 and shall be available for the same purposes and for the 

11 same time period, as the appropriation to which trans12 ferred: Provided further, That none of the funds made 

13 available under this heading may be transferred to any 

14 program, project, or activity specifically limited or denied 

15 by this Act: Provided further, That the transfer authority 

16 provided under this heading is in addition to any other 

17 transfer authority available to the Department of Defense: 

18 Provided further, That such amount is designated by the 

19 Congress for Overseas Contingency Operations/Global 

20 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

21 the Balanced Budget and Emergency Deficit Control Act 

22 of 1985. 


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1 OPERATION AND MAINTENANCE 

2 OPERATION AND MAINTENANCE, ARMY

3 For an additional amount for ‘‘Operation and Main4 tenance, Army’’, $16,126,403,000: Provided, That such 

5 amount is designated by the Congress for Overseas Con6 tingency Operations/Global War on Terrorism pursuant to 

7 section 251(b)(2)(A)(ii) of the Balanced Budget and 

8 Emergency Deficit Control Act of 1985. 

9 OPERATION AND MAINTENANCE, NAVY

10 For an additional amount for ‘‘Operation and Main11 tenance, Navy’’, $5,875,015,000, of which up to 

12 $161,885,000 may be transferred to the Coast Guard 

13 ‘‘Operating Expenses’’ account: Provided, That such 

14 amount is designated by the Congress for Overseas Con15 tingency Operations/Global War on Terrorism pursuant to 

16 section 251(b)(2)(A)(ii) of the Balanced Budget and 

17 Emergency Deficit Control Act of 1985. 

18 OPERATION AND MAINTENANCE, MARINE CORPS

19 For an additional amount for ‘‘Operation and Main20 tenance, Marine Corps’’, $1,116,640,000: Provided, That 

21 such amount is designated by the Congress for Overseas 

22 Contingency Operations/Global War on Terrorism pursu23 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

24 and Emergency Deficit Control Act of 1985. 


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1 OPERATION AND MAINTENANCE, AIR FORCE

2 For an additional amount for ‘‘Operation and Main3 tenance, Air Force’’, $10,266,295,000: Provided, That 

4 such amount is designated by the Congress for Overseas 

5 Contingency Operations/Global War on Terrorism pursu6 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

7 and Emergency Deficit Control Act of 1985. 

8 OPERATION AND MAINTENANCE, DEFENSE-WIDE

9 For an additional amount for ‘‘Operation and Main10 tenance, Defense-Wide’’, $6,944,201,000: Provided, That 

11 of the funds provided under this heading, not to exceed 

12 $900,000,000, to remain available until September 30, 

13 2019, shall be for payments to reimburse key cooperating 

14 nations for logistical, military, and other support, includ15 ing access, provided to United States military and stability 

16 operations in Afghanistan and to counter the Islamic 

17 State of Iraq and the Levant: Provided further, That such 

18 reimbursement payments may be made in such amounts 

19 as the Secretary of Defense, with the concurrence of the 

20 Secretary of State, and in consultation with the Director 

21 of the Office of Management and Budget, may determine, 

22 based on documentation determined by the Secretary of 

23 Defense to adequately account for the support provided, 

24 and such determination is final and conclusive upon the 

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1 lowing notification to the appropriate congressional com2 mittees: Provided further, That funds provided under this 

3 heading may be used for the purpose of providing special4 ized training and procuring supplies and specialized equip5 ment and providing such supplies and loaning such equip6 ment on a non-reimbursable basis to coalition forces sup7 porting United States military and stability operations in 

8 Afghanistan and to counter the Islamic State of Iraq and 

9 the Levant, and 15 days following notification to the ap10 propriate congressional committees: Provided further, 

11 That funds provided under this heading may be used to 

12 support the Government of Jordan, in such amounts as 

13 the Secretary of Defense may determine, to enhance the 

14 ability of the armed forces of Jordan to increase or sustain 

15 security along its borders, upon 15 days prior written noti16 fication to the congressional defense committees outlining 

17 the amounts intended to be provided and the nature of 

18 the expenses incurred: Provided further, That of the funds 

19 provided under this heading, not to exceed $750,000,000, 

20 to remain available until September 30, 2019, shall be 

21 available to provide support and assistance to foreign secu22 rity forces or other groups or individuals to conduct, sup23 port, or facilitate counterterrorism, crisis response, or 

24 other Department of Defense security cooperation pro25 grams: Provided further, That such amount is designated 


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1 by the Congress for Overseas Contingency Operations/ 

2 Global War on Terrorism pursuant to section 

3 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985. 

5 OPERATION AND MAINTENANCE, ARMY RESERVE

6 For an additional amount for ‘‘Operation and Main7 tenance, Army Reserve’’, $24,699,000: Provided, That 

8 such amount is designated by the Congress for Overseas 

9 Contingency Operations/Global War on Terrorism pursu10 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

11 and Emergency Deficit Control Act of 1985. 

12 OPERATION AND MAINTENANCE, NAVY RESERVE

13 For an additional amount for ‘‘Operation and Main14 tenance, Navy Reserve’’, $23,980,000: Provided, That 

15 such amount is designated by the Congress for Overseas 

16 Contingency Operations/Global War on Terrorism pursu17 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

18 and Emergency Deficit Control Act of 1985. 

19 OPERATION AND MAINTENANCE, MARINE CORPS

20 RESERVE

21 For an additional amount for ‘‘Operation and Main22 tenance, Marine Corps Reserve’’, $3,367,000: Provided, 

23 That such amount is designated by the Congress for Over24 seas Contingency Operations/Global War on Terrorism 


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1 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

2 Budget and Emergency Deficit Control Act of 1985. 

3 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

4 For an additional amount for ‘‘Operation and Main5 tenance, Air Force Reserve’’, $58,523,000: Provided, That 

6 such amount is designated by the Congress for Overseas 

7 Contingency Operations/Global War on Terrorism pursu8 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

9 and Emergency Deficit Control Act of 1985. 

10 OPERATION AND MAINTENANCE, ARMY NATIONAL

11 GUARD

12 For an additional amount for ‘‘Operation and Main13 tenance, Army National Guard’’, $108,111,000: Provided, 

14 That such amount is designated by the Congress for Over15 seas Contingency Operations/Global War on Terrorism 

16 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

17 Budget and Emergency Deficit Control Act of 1985. 

18 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

19 For an additional amount for ‘‘Operation and Main20 tenance, Air National Guard’’, $15,400,000: Provided, 

21 That such amount is designated by the Congress for Over22 seas Contingency Operations/Global War on Terrorism 

23 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

24 Budget and Emergency Deficit Control Act of 1985. 


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1 OPERATION AND MAINTENANCE, NATIONAL DEFENSE

2 RESTORATION FUND

3 (INCLUDING TRANSFER OF FUNDS)

4 In addition to amounts provided elsewhere in this 

5 Act, there is appropriated $2,000,000,000, for the ‘‘Oper6 ation and Maintenance, National Defense Restoration 

7 Fund’’: Provided, That such funds provided under this 

8 heading shall only be available for programs, projects and 

9 activities necessary to implement the 2018 National De10 fense Strategy: Provided further, That such funds shall not 

11 be available for transfer until 30 days after the Secretary 

12 has submitted, and the congressional defense committees 

13 have approved, the proposed allocation plan for the use 

14 of such funds to implement such strategy: Provided fur15 ther, That such allocation plan shall include a detailed jus16 tification for the use of such funds and a description of 

17 how such investments are necessary to implement the 

18 strategy: Provided further, That the Secretary of Defense 

19 may transfer these funds only to operation and mainte20 nance accounts: Provided further, That the funds trans21 ferred shall be merged with and shall be available for the 

22 same purposes and for the same time period, as the appro23 priation to which transferred: Provided further, That none 

24 of the funds made available under this heading may be 

25 transferred to any program, project, or activity specifically 


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1 limited or denied by this Act: Provided further, That the 

2 transfer authority provided under this heading is in addi3 tion to any other transfer authority available to the De4 partment of Defense: Provided further, That such amount 

5 is designated by the Congress for Overseas Contingency 

6 Operations/Global War on Terrorism pursuant to section 

7 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985. 

9 AFGHANISTAN SECURITY FORCES FUND

10 For the ‘‘Afghanistan Security Forces Fund’’, 

11 $4,937,515,000 (reduced by $12,000,000), to remain 

12 available until September 30, 2019: Provided, That such 

13 funds shall be available to the Secretary of Defense, not14 withstanding any other provision of law, for the purpose 

15 of allowing the Commander, Combined Security Transi16 tion Command—Afghanistan, or the Secretary’s designee, 

17 to provide assistance, with the concurrence of the Sec18 retary of State, to the security forces of Afghanistan, in19 cluding the provision of equipment, supplies, services, 

20 training, facility and infrastructure repair, renovation, 

21 construction, and funding: Provided further, That the Sec22 retary of Defense may obligate and expend funds made 

23 available to the Department of Defense in this title for 

24 additional costs associated with existing projects pre25 viously funded with amounts provided under the heading 


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1 ‘‘Afghanistan Infrastructure Fund’’ in prior Acts: Pro2 vided further, That such costs shall be limited to contract 

3 changes resulting from inflation, market fluctuation, rate 

4 adjustments, and other necessary contract actions to com5 plete existing projects, and associated supervision and ad6 ministration costs and costs for design during construc7 tion: Provided further, That the Secretary may not use 

8 more than $50,000,000 under the authority provided in 

9 this section: Provided further, That the Secretary shall no10 tify in advance such contract changes and adjustments in 

11 annual reports to the congressional defense committees: 

12 Provided further, That the authority to provide assistance 

13 under this heading is in addition to any other authority 

14 to provide assistance to foreign nations: Provided further, 

15 That contributions of funds for the purposes provided 

16 herein from any person, foreign government, or inter17 national organization may be credited to this Fund, to re18 main available until expended, and used for such purposes: 

19 Provided further, That the Secretary of Defense shall no20 tify the congressional defense committees in writing upon 

21 the receipt and upon the obligation of any contribution, 

22 delineating the sources and amounts of the funds received 

23 and the specific use of such contributions: Provided fur24 ther, That the Secretary of Defense shall, not fewer than 

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1 count, notify the congressional defense committees in writ2 ing of the details of any such obligation: Provided further, 

3 That the Secretary of Defense shall notify the congres4 sional defense committees of any proposed new projects 

5 or transfer of funds between budget sub-activity groups 

6 in excess of $20,000,000: Provided further, That the 

7 United States may accept equipment procured using funds 

8 provided under this heading in this or prior Acts that was 

9 transferred to the security forces of Afghanistan and re10 turned by such forces to the United States: Provided fur11 ther, That equipment procured using funds provided under 

12 this heading in this or prior Acts, and not yet transferred 

13 to the security forces of Afghanistan or transferred to the 

14 security forces of Afghanistan and returned by such forces 

15 to the United States, may be treated as stocks of the De16 partment of Defense upon written notification to the con17 gressional defense committees: Provided further, That of 

18 the funds provided under this heading, not less than 

19 $10,000,000 shall be for recruitment and retention of 

20 women in the Afghanistan National Security Forces, and 

21 the recruitment and training of female security personnel: 

22 Provided further, That such amount is designated by the 

23 Congress for Overseas Contingency Operations/Global 

24 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 


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1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 COUNTER-ISIL TRAIN AND EQUIP FUND

4 For the ‘‘Counter-Islamic State of Iraq and the Le5 vant Train and Equip Fund’’, $1,769,000,000, to remain 

6 available until September 30, 2019: Provided, That such 

7 funds shall be available to the Secretary of Defense in co8 ordination with the Secretary of State, to provide assist9 ance, including training; equipment; logistics support, sup10 plies, and services; stipends; infrastructure repair and ren11 ovation; and sustainment, to foreign security forces, irreg12 ular forces, groups, or individuals participating, or pre13 paring to participate in activities to counter the Islamic 

14 State of Iraq and the Levant, and their affiliated or asso15 ciated groups: Provided further, That these funds may be 

16 used in such amounts as the Secretary of Defense may 

17 determine to enhance the border security of nations adja18 cent to conflict areas including Jordan, Lebanon, Egypt, 

19 and Tunisia resulting from actions of the Islamic State 

20 of Iraq and the Levant: Provided further, That amounts 

21 made available under this heading shall be available to 

22 provide assistance only for activities in a country des23 ignated by the Secretary of Defense, in coordination with 

24 the Secretary of State, as having a security mission to 

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1 lowing written notification to the congressional defense 

2 committees of such designation: Provided further, That the 

3 Secretary of Defense shall ensure that prior to providing 

4 assistance to elements of any forces or individuals, such 

5 elements or individuals are appropriately vetted, including 

6 at a minimum, assessing such elements for associations 

7 with terrorist groups or groups associated with the Gov8 ernment of Iran; and receiving commitments from such 

9 elements to promote respect for human rights and the rule 

10 of law: Provided further, That the Secretary of Defense 

11 shall, not fewer than 15 days prior to obligating from this 

12 appropriation account, notify the congressional defense 

13 committees in writing of the details of any such obligation: 

14 Provided further, That the Secretary of Defense may ac15 cept and retain contributions, including assistance in-kind, 

16 from foreign governments, including the Government of 

17 Iraq and other entities, to carry out assistance authorized 

18 under this heading: Provided further, That contributions 

19 of funds for the purposes provided herein from any foreign 

20 government or other entity may be credited to this Fund, 

21 to remain available until expended, and used for such pur22 poses: Provided further, That the Secretary of Defense 

23 may waive a provision of law relating to the acquisition 

24 of items and support services or sections 40 and 40A of 

25 the Arms Export Control Act (22 U.S.C. 2780 and 2785) 


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1 if the Secretary determines that such provision of law 

2 would prohibit, restrict, delay or otherwise limit the provi3 sion of such assistance and a notice of and justification 

4 for such waiver is submitted to the congressional defense 

5 committees, the Committees on Appropriations and For6 eign Relations of the Senate and the Committees on Ap7 propriations and Foreign Affairs of the House of Rep8 resentatives: Provided further, That the United States may 

9 accept equipment procured using funds provided under 

10 this heading, or under the heading, ‘‘Iraq Train and Equip 

11 Fund’’ in prior Acts, that was transferred to security 

12 forces, irregular forces, or groups participating, or pre13 paring to participate in activities to counter the Islamic 

14 State of Iraq and the Levant and returned by such forces 

15 or groups to the United States, may be treated as stocks 

16 of the Department of Defense upon written notification 

17 to the congressional defense committees: Provided further, 

18 That equipment procured using funds provided under this 

19 heading, or under the heading, ‘‘Iraq Train and Equip 

20 Fund’’ in prior Acts, and not yet transferred to security 

21 forces, irregular forces, or groups participating, or pre22 paring to participate in activities to counter the Islamic 

23 State of Iraq and the Levant may be treated as stocks 

24 of the Department of Defense when determined by the 

25 Secretary to no longer be required for transfer to such 


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1 forces or groups and upon written notification to the con2 gressional defense committees: Provided further, That the 

3 Secretary of Defense shall provide quarterly reports to the 

4 congressional defense committees on the use of funds pro5 vided under this heading, including, but not limited to, 

6 the number of individuals trained, the nature and scope 

7 of support and sustainment provided to each group or in8 dividual, the area of operations for each group, and the 

9 contributions of other countries, groups, or individuals: 

10 Provided further, That such amount is designated by the 

11 Congress for Overseas Contingency Operations/ Global 

12 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

13 the Balanced Budget and Emergency Deficit Control Act 

14 of 1985. 

15 PROCUREMENT 

16 AIRCRAFT PROCUREMENT, ARMY

17 For an additional amount for ‘‘Aircraft Procurement, 

18 Army’’, $424,686,000, to remain available until Sep19 tember 30, 2020: Provided, That such amount is des20 ignated by the Congress for Overseas Contingency Oper21 ations/Global War on Terrorism pursuant to section 

22 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985. 


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1 MISSILE PROCUREMENT, ARMY

2 For an additional amount for ‘‘Missile Procurement, 

3 Army’’, $557,583,000, to remain available until Sep4 tember 30, 2020: Provided, That such amount is des5 ignated by the Congress for Overseas Contingency Oper6 ations/Global War on Terrorism pursuant to section 

7 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985. 

9 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

10 VEHICLES, ARMY

11 For an additional amount for ‘‘Procurement of Weap12 ons and Tracked Combat Vehicles, Army’’, 

13 $1,191,139,000, to remain available until September 30, 

14 2020: Provided, That such amount is designated by the 

15 Congress for Overseas Contingency Operations/Global 

16 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

17 the Balanced Budget and Emergency Deficit Control Act 

18 of 1985. 

19 PROCUREMENT OF AMMUNITION, ARMY

20 For an additional amount for ‘‘Procurement of Am21 munition, Army’’, $193,436,000, to remain available until 

22 September 30, 2020: Provided, That such amount is des23 ignated by the Congress for Overseas Contingency Oper24 ations/Global War on Terrorism pursuant to section 


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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 OTHER PROCUREMENT, ARMY

4 For an additional amount for ‘‘Other Procurement, 

5 Army’’, $405,575,000, to remain available until Sep6 tember 30, 2020: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 AIRCRAFT PROCUREMENT, NAVY

12 For an additional amount for ‘‘Aircraft Procurement, 

13 Navy’’, $157,300,000, to remain available until September 

14 30, 2020: Provided, That such amount is designated by 

15 the Congress for Overseas Contingency Operations/Global 

16 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

17 the Balanced Budget and Emergency Deficit Control Act 

18 of 1985. 

19 WEAPONS PROCUREMENT, NAVY

20 For an additional amount for ‘‘Weapons Procure21 ment, Navy’’, $130,994,000, to remain available until 

22 September 30, 2020: Provided, That such amount is des23 ignated by the Congress for Overseas Contingency Oper24 ations/Global War on Terrorism pursuant to section 


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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

4 CORPS

5 For an additional amount for ‘‘Procurement of Am6 munition, Navy and Marine Corps’’, $223,843,000, to re7 main available until September 30, 2020: Provided, That 

8 such amount is designated by the Congress for Overseas 

9 Contingency Operations/Global War on Terrorism pursu10 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

11 and Emergency Deficit Control Act of 1985. 

12 OTHER PROCUREMENT, NAVY

13 For an additional amount for ‘‘Other Procurement, 

14 Navy’’, $207,984,000, to remain available until September 

15 30, 2020: Provided, That such amount is designated by 

16 the Congress for Overseas Contingency Operations/Global 

17 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

18 the Balanced Budget and Emergency Deficit Control Act 

19 of 1985. 

20 PROCUREMENT, MARINE CORPS

21 For an additional amount for ‘‘Procurement, Marine 

22 Corps’’, $64,071,000, to remain available until September 

23 30, 2020: Provided, That such amount is designated by 

24 the Congress for Overseas Contingency Operations/Global 

25 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 


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1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 AIRCRAFT PROCUREMENT, AIR FORCE

4 For an additional amount for ‘‘Aircraft Procurement, 

5 Air Force’’, $510,836,000, to remain available until Sep6 tember 30, 2020: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 MISSILE PROCUREMENT, AIR FORCE

12 For an additional amount for ‘‘Missile Procurement, 

13 Air Force’’, $381,700,000, to remain available until Sep14 tember 30, 2020: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 SPACE PROCUREMENT, AIR FORCE

20 For an additional amount for ‘‘Space Procurement, 

21 Air Force’’, $2,256,000, to remain available until Sep22 tember 30, 2020: Provided, That such amount is des23 ignated by the Congress for Overseas Contingency Oper24 ations/Global War on Terrorism pursuant to section 


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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 PROCUREMENT OF AMMUNITION, AIR FORCE

4 For an additional amount for ‘‘Procurement of Am5 munition, Air Force’’, $501,509,000, to remain available 

6 until September 30, 2020: Provided, That such amount 

7 is designated by the Congress for Overseas Contingency 

8 Operations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 OTHER PROCUREMENT, AIR FORCE

12 For an additional amount for ‘‘Other Procurement, 

13 Air Force’’, $3,998,887,000, to remain available until 

14 September 30, 2020: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 PROCUREMENT, DEFENSE-WIDE

20 For an additional amount for ‘‘Procurement, De21 fense-Wide’’, $510,741,000, to remain available until Sep22 tember 30, 2020: Provided, That such amount is des23 ignated by the Congress for Overseas Contingency Oper24 ations/Global War on Terrorism pursuant to section 


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1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT

4 For procurement of rotary-wing aircraft; combat, tac5 tical and support vehicles; other weapons; and other pro6 curement items for the reserve components of the Armed 

7 Forces, $1,000,000,000, to remain available for obligation 

8 until September 30, 2020: Provided, That the Chiefs of 

9 National Guard and Reserve components shall, not later 

10 than 30 days after enactment of this Act, individually sub11 mit to the congressional defense committees the mod12 ernization priority assessment for their respective Na13 tional Guard or Reserve component: Provided further, 

14 That none of the funds made available by this paragraph 

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

16 procure or modify missiles, munitions, or ammunition: 

17 Provided further, That such amount is designated by the 

18 Congress for Overseas Contingency Operations/Global 

19 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

20 the Balanced Budget and Emergency Deficit Control Act 

21 of 1985. 


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1 PROCUREMENT, NATIONAL DEFENSE RESTORATION

2 FUND

3 (INCLUDING TRANSFER OF FUNDS)

4 In addition to amounts provided elsewhere in this 

5 Act, there is appropriated $6,000,000,000, for the ‘‘Pro6 curement, National Defense Restoration Fund’’: Provided, 

7 That such funds provided under this heading shall only 

8 be available for programs, projects and activities necessary 

9 to implement the 2018 National Defense Strategy: Pro10 vided further, That such funds shall not be available for 

11 transfer until 30 days after the Secretary has submitted, 

12 and the congressional defense committees have approved, 

13 the proposed allocation plan for the use of such funds to 

14 implement such strategy: Provided further, That such allo15 cation plan shall include a detailed justification for the use 

16 of such funds and a description of how such investments 

17 are necessary to implement the strategy: Provided further, 

18 That the Secretary of Defense may transfer these funds 

19 only to procurement accounts: Provided further, That the 

20 funds transferred shall be merged with and shall be avail21 able for the same purposes and for the same time period, 

22 as the appropriation to which transferred: Provided fur23 ther, That none of the funds made available under this 

24 heading may be transferred to any program, project, or 

25 activity specifically limited or denied by this Act: Provided 


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1 further, That the transfer authority provided under this 

2 heading is in addition to any other transfer authority 

3 available to the Department of Defense: Provided further, 

4 That such amount is designated by the Congress for Over5 seas Contingency Operations/Global War on Terrorism 

6 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

7 Budget and Emergency Deficit Control Act of 1985. 

8 RESEARCH, DEVELOPMENT, TEST AND 

9 EVALUATION 

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 ARMY

12 For an additional amount for ‘‘Research, Develop13 ment, Test and Evaluation, Army’’, $119,368,000 (in14 creased by $6,000,000), to remain available until Sep15 tember 30, 2019: Provided, That such amount is des16 ignated by the Congress for Overseas Contingency Oper17 ations/Global War on Terrorism pursuant to section 

18 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 

20 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

21 NAVY

22 For an additional amount for ‘‘Research, Develop23 ment, Test and Evaluation, Navy’’, $124,865,000, to re24 main available until September 30, 2019: Provided, That 

25 such amount is designated by the Congress for Overseas 


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1 Contingency Operations/Global War on Terrorism pursu2 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

3 and Emergency Deficit Control Act of 1985. 

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

5 AIR FORCE

6 For an additional amount for ‘‘Research, Develop7 ment, Test and Evaluation, Air Force’’, $144,508,000, to 

8 remain available until September 30, 2019: Provided, 

9 That such amount is designated by the Congress for Over10 seas Contingency Operations/Global War on Terrorism 

11 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

12 Budget and Emergency Deficit Control Act of 1985. 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 DEFENSE-WIDE

15 For an additional amount for ‘‘Research, Develop16 ment, Test and Evaluation, Defense-Wide’’, 

17 $226,096,000, to remain available until September 30, 

18 2019: Provided, That such amount is designated by the 

19 Congress for Overseas Contingency Operations/Global 

20 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

21 the Balanced Budget and Emergency Deficit Control Act 

22 of 1985. 


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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 NATIONAL DEFENSE RESTORATION FUND

3 (INCLUDING TRANSFER OF FUNDS)

4 In addition to amounts provided elsewhere in this 

5 Act, there is appropriated $1,000,000,000, for the ‘‘Re6 search, Development, Test and Evaluation, National De7 fense Restoration Fund’’: Provided, That such funds pro8 vided under this heading shall only be available for pro9 grams, projects and activities necessary to implement the 

10 2018 National Defense Strategy: Provided further, That 

11 such funds shall not be available for transfer until 30 days 

12 after the Secretary has submitted, and the congressional 

13 defense committees have approved, the proposed allocation 

14 plan for the use of such funds to implement such strategy: 

15 Provided further, That such allocation plan shall include 

16 a detailed justification for the use of such funds and a 

17 description of how such investments are necessary to im18 plement the strategy: Provided further, That the Secretary 

19 of Defense may transfer these funds only to research, de20 velopment, test and evaluation accounts: Provided further, 

21 That the funds transferred shall be merged with and shall 

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

23 period, as the appropriation to which transferred: Pro24 vided further, That none of the funds made available under 

25 this heading may be transferred to any program, project, 


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1 or activity specifically limited or denied by this Act: Pro2 vided further, That the transfer authority provided under 

3 this heading is in addition to any other transfer authority 

4 available to the Department of Defense: Provided further, 

5 That such amount is designated by the Congress for Over6 seas Contingency Operations/Global War on Terrorism 

7 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

8 Budget and Emergency Deficit Control Act of 1985. 

9 REVOLVING AND MANAGEMENT FUNDS 

10 DEFENSE WORKING CAPITAL FUNDS

11 For an additional amount for ‘‘Defense Working 

12 Capital Funds’’, $148,956,000: Provided, That such 

13 amount is designated by the Congress for Overseas Con14 tingency Operations/Global War on Terrorism pursuant to 

15 section 251(b)(2)(A)(ii) of the Balanced Budget and 

16 Emergency Deficit Control Act of 1985. 

17 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

18 DEFENSE HEALTH PROGRAM

19 For an additional amount for ‘‘Defense Health Pro20 gram’’, $395,805,000, which shall be for operation and 

21 maintenance: Provided, That such amount is designated 

22 by the Congress for Overseas Contingency Operations/ 

23 Global War on Terrorism pursuant to section 

24 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

25 Deficit Control Act of 1985. 


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1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

2 DEFENSE

3 For an additional amount for ‘‘Drug Interdiction and 

4 Counter-Drug Activities, Defense’’, $196,300,000: Pro5 vided, That such amount is designated by the Congress 

6 for Overseas Contingency Operations/Global War on Ter7 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal8 anced Budget and Emergency Deficit Control Act of 1985. 

9 JOINT IMPROVISED-THREAT DEFEAT FUND

10 (INCLUDING TRANSFER OF FUNDS)

11 For the ‘‘Joint Improvised-Threat Defeat Fund’’, 

12 $483,058,000, to remain available until September 30, 

13 2020: Provided, That such funds shall be available to the 

14 Secretary of Defense, notwithstanding any other provision 

15 of law, for the purpose of allowing the Director of the 

16 Joint Improvised-Threat Defeat Organization to inves17 tigate, develop and provide equipment, supplies, services, 

18 training, facilities, personnel and funds to assist United 

19 States forces in the defeat of improvised explosive devices: 

20 Provided further, That the Secretary of Defense may 

21 transfer funds provided herein to appropriations for mili22 tary personnel; operation and maintenance; procurement; 

23 research, development, test and evaluation; and defense 

24 working capital funds to accomplish the purpose provided 

25 herein: Provided further, That this transfer authority is 


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1 in addition to any other transfer authority available to the 

2 Department of Defense: Provided further, That the Sec3 retary of Defense shall, not fewer than 5 days prior to 

4 making transfers from this appropriation, notify the con5 gressional defense committees in writing of the details of 

6 any such transfer: Provided further, That such amount is 

7 designated by the Congress for Overseas Contingency Op8 erations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 OFFICE OF THE INSPECTOR GENERAL

12 For an additional amount for the ‘‘Office of the In13 spector General’’, $24,692,000: Provided, That such 

14 amount is designated by the Congress for Overseas Con15 tingency Operations/Global War on Terrorism pursuant to 

16 section 251(b)(2)(A)(ii) of the Balanced Budget and 

17 Emergency Deficit Control Act of 1985. 

18 GENERAL PROVISIONS—THIS TITLE 

19 SEC. 9001. Notwithstanding any other provision of 

20 law, funds made available in this title are in addition to 

21 amounts appropriated or otherwise made available for the 

22 Department of Defense for fiscal year 2018. 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 9002. Upon the determination of the Secretary 

25 of Defense that such action is necessary in the national 


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1 interest, the Secretary may, with the approval of the Of2 fice of Management and Budget, transfer up to 

3 $2,500,000,000 between the appropriations or funds made 

4 available to the Department of Defense in this title: Pro5 vided, That the Secretary shall notify the Congress 

6 promptly of each transfer made pursuant to the authority 

7 in this section: Provided further, That the authority pro8 vided in this section is in addition to any other transfer 

9 authority available to the Department of Defense and is 

10 subject to the same terms and conditions as the authority 

11 provided in section 8005 of this Act. 

12 SEC. 9003. Supervision and administration costs and 

13 costs for design during construction associated with a con14 struction project funded with appropriations available for 

15 operation and maintenance or the ‘‘Afghanistan Security 

16 Forces Fund’’ provided in this Act and executed in direct 

17 support of overseas contingency operations in Afghani18 stan, may be obligated at the time a construction contract 

19 is awarded: Provided, That, for the purpose of this section, 

20 supervision and administration costs and costs for design 

21 during construction include all in-house Government costs. 

22 SEC. 9004. From funds made available in this title, 

23 the Secretary of Defense may purchase for use by military 

24 and civilian employees of the Department of Defense in 


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1 the United States Central Command area of responsi2 bility: 

3 (1) passenger motor vehicles up to a limit of 

4 $75,000 per vehicle; and 

5 (2) heavy and light armored vehicles for the 

6 physical security of personnel or for force protection 

7 purposes up to a limit of $450,000 per vehicle, not8 withstanding price or other limitations applicable to 

9 the purchase of passenger carrying vehicles. 

10 SEC. 9005. Not to exceed $5,000,000 of the amounts 

11 appropriated by this title under the heading ‘‘Operation 

12 and Maintenance, Army’’ may be used, notwithstanding 

13 any other provision of law, to fund the Commanders’ 

14 Emergency Response Program (CERP), for the purpose 

15 of enabling military commanders in Afghanistan to re16 spond to urgent, small-scale, humanitarian relief and re17 construction requirements within their areas of responsi18 bility: Provided, That each project (including any ancillary 

19 or related elements in connection with such project) exe20 cuted under this authority shall not exceed $2,000,000: 

21 Provided further, That not later than 45 days after the 

22 end of each 6 months of the fiscal year, the Secretary of 

23 Defense shall submit to the congressional defense commit24 tees a report regarding the source of funds and the alloca25 tion and use of funds during that 6-month period that 


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1 were made available pursuant to the authority provided 

2 in this section or under any other provision of law for the 

3 purposes described herein: Provided further, That, not 

4 later than 30 days after the end of each fiscal year quar5 ter, the Army shall submit to the congressional defense 

6 committees quarterly commitment, obligation, and expend7 iture data for the CERP in Afghanistan: Provided further, 

8 That, not less than 15 days before making funds available 

9 pursuant to the authority provided in this section or under 

10 any other provision of law for the purposes described here11 in for a project with a total anticipated cost for completion 

12 of $500,000 or more, the Secretary shall submit to the 

13 congressional defense committees a written notice con14 taining each of the following: 

15 (1) The location, nature and purpose of the 

16 proposed project, including how the project is in17 tended to advance the military campaign plan for 

18 the country in which it is to be carried out. 

19 (2) The budget, implementation timeline with 

20 milestones, and completion date for the proposed 

21 project, including any other CERP funding that has 

22 been or is anticipated to be contributed to the com23 pletion of the project. 

24 (3) A plan for the sustainment of the proposed 

25 project, including the agreement with either the host 


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1 nation, a non-Department of Defense agency of the 

2 United States Government or a third-party contrib3 utor to finance the sustainment of the activities and 

4 maintenance of any equipment or facilities to be pro5 vided through the proposed project. 

6 SEC. 9006. Funds available to the Department of De7 fense for operation and maintenance may be used, not8 withstanding any other provision of law, to provide sup9 plies, services, transportation, including airlift and sealift, 

10 and other logistical support to allied forces participating 

11 in a combined operation with the armed forces of the 

12 United States and coalition forces supporting military and 

13 stability operations in Afghanistan and to counter the Is14 lamic State of Iraq and the Levant: Provided, That the 

15 Secretary of Defense shall provide quarterly reports to the 

16 congressional defense committees regarding support pro17 vided under this section. 

18 SEC. 9007. None of the funds appropriated or other19 wise made available by this or any other Act shall be obli20 gated or expended by the United States Government for 

21 a purpose as follows: 

22 (1) To establish any military installation or 

23 base for the purpose of providing for the permanent 

24 stationing of United States Armed Forces in Iraq. 


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1 (2) To exercise United States control over any 

2 oil resource of Iraq. 

3 (3) To establish any military installation or 

4 base for the purpose of providing for the permanent 

5 stationing of United States Armed Forces in Af6 ghanistan. 

7 SEC. 9008. None of the funds made available in this 

8 Act may be used in contravention of the following laws 

9 enacted or regulations promulgated to implement the 

10 United Nations Convention Against Torture and Other 

11 Cruel, Inhuman or Degrading Treatment or Punishment 

12 (done at New York on December 10, 1984): 

13 (1) Section 2340A of title 18, United States 

14 Code. 

15 (2) Section 2242 of the Foreign Affairs Reform 

16 and Restructuring Act of 1998 (division G of Public 

17 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

18 note) and regulations prescribed thereto, including 

19 regulations under part 208 of title 8, Code of Fed20 eral Regulations, and part 95 of title 22, Code of 

21 Federal Regulations. 

22 (3) Sections 1002 and 1003 of the Department 

23 of Defense, Emergency Supplemental Appropriations 

24 to Address Hurricanes in the Gulf of Mexico, and 


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1 Pandemic Influenza Act, 2006 (Public Law 109– 

2 148). 

3 SEC. 9009. None of the funds provided for the ‘‘Af4 ghanistan Security Forces Fund’’ (ASFF) may be obli5 gated prior to the approval of a financial and activity plan 

6 by the Afghanistan Resources Oversight Council (AROC) 

7 of the Department of Defense: Provided, That the AROC 

8 must approve the requirement and acquisition plan for any 

9 service requirements in excess of $50,000,000 annually 

10 and any non-standard equipment requirements in excess 

11 of $100,000,000 using ASFF: Provided further, That the 

12 Department of Defense must certify to the congressional 

13 defense committees that the AROC has convened and ap14 proved a process for ensuring compliance with the require15 ments in the preceding proviso and accompanying report 

16 language for the ASFF. 

17 SEC. 9010. Funds made available in this title to the 

18 Department of Defense for operation and maintenance 

19 may be used to purchase items having an investment unit 

20 cost of not more than $250,000: Provided, That, upon de21 termination by the Secretary of Defense that such action 

22 is necessary to meet the operational requirements of a 

23 Commander of a Combatant Command engaged in contin24 gency operations overseas, such funds may be used to purVerDate Sep 11 2014 00:00 Dec 14, 2017 Jkt 079200 PO 00000 Frm 00159 Fmt 6652 Sfmt 6201 E:\BILLS\HJ124.IH HJ124

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1 chase items having an investment item unit cost of not 

2 more than $500,000. 

3 SEC. 9011. Up to $500,000,000 of funds appro4 priated by this Act for the Defense Security Cooperation 

5 Agency in ‘‘Operation and Maintenance, Defense-Wide’’ 

6 may be used to provide assistance to the Government of 

7 Jordan to support the armed forces of Jordan and to en8 hance security along its borders. 

9 SEC. 9012. None of the funds made available by this 

10 Act under the heading ‘‘Counter-ISIL Train and Equip 

11 Fund’’ may be used to procure or transfer man-portable 

12 air defense systems. 

13 SEC. 9013. For the ‘‘Ukraine Security Assistance Ini14 tiative’’, $150,000,000 is hereby appropriated, to remain 

15 available until September 30, 2018: Provided, That such 

16 funds shall be available to the Secretary of Defense, in 

17 coordination with the Secretary of State, to provide assist18 ance, including training; equipment; lethal weapons of a 

19 defensive nature; logistics support, supplies and services; 

20 sustainment; and intelligence support to the military and 

21 national security forces of Ukraine, and for replacement 

22 of any weapons or defensive articles provided to the Gov23 ernment of Ukraine from the inventory of the United 

24 States: Provided further, That the Secretary of Defense 

25 shall, not less than 15 days prior to obligating funds proVerDate Sep 11 2014 00:00 Dec 14, 2017 Jkt 079200 PO 00000 Frm 00160 Fmt 6652 Sfmt 6201 E:\BILLS\HJ124.IH HJ124

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1 vided under this heading, notify the congressional defense 

2 committees in writing of the details of any such obligation: 

3 Provided further, That the United States may accept 

4 equipment procured using funds provided under this head5 ing in this or prior Acts that was transferred to the secu6 rity forces of Ukraine and returned by such forces to the 

7 United States: Provided further, That equipment procured 

8 using funds provided under this heading in this or prior 

9 Acts, and not yet transferred to the military or National 

10 Security Forces of Ukraine or returned by such forces to 

11 the United States, may be treated as stocks of the Depart12 ment of Defense upon written notification to the congres13 sional defense committees: Provided further, That amounts 

14 made available by this section are designated by the Con15 gress for Overseas Contingency Operations/Global War on 

16 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985. 

18 SEC. 9014. Funds appropriated in this title shall be 

19 available for replacement of funds for items provided to 

20 the Government of Ukraine from the inventory of the 

21 United States to the extent specifically provided for in sec22 tion 9013 of this Act. 

23 SEC. 9015. None of the funds made available by this 

24 Act under section 9013 for ‘‘Assistance and Sustainment 

25 to the Military and National Security Forces of Ukraine’’ 


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1 may be used to procure or transfer man-portable air de2 fense systems. 

3 SEC. 9016. (a) None of the funds appropriated or 

4 otherwise made available by this Act under the heading 

5 ‘‘Operation and Maintenance, Defense-Wide’’ for pay6 ments under section 1233 of Public Law 110–181 for re7 imbursement to the Government of Pakistan may be made 

8 available unless the Secretary of Defense, in coordination 

9 with the Secretary of State, certifies to the congressional 

10 defense committees that the Government of Pakistan is— 

11 (1) cooperating with the United States in 

12 counterterrorism efforts against the Haqqani Net13 work, the Quetta Shura Taliban, Lashkar e-Tayyiba, 

14 Jaish-e-Mohammed, Al Qaeda, and other domestic 

15 and foreign terrorist organizations, including taking 

16 steps to end support for such groups and prevent 

17 them from basing and operating in Pakistan and 

18 carrying out cross border attacks into neighboring 

19 countries; 

20 (2) not supporting terrorist activities against 

21 United States or coalition forces in Afghanistan, and 

22 Pakistan’s military and intelligence agencies are not 

23 intervening extra-judicially into political and judicial 

24 processes in Pakistan; 


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1 (3) dismantling improvised explosive device 

2 (IED) networks and interdicting precursor chemicals 

3 used in the manufacture of IEDs; 

4 (4) preventing the proliferation of nuclear-re5 lated material and expertise; 

6 (5) implementing policies to protect judicial 

7 independence and due process of law; 

8 (6) issuing visas in a timely manner for United 

9 States visitors engaged in counterterrorism efforts 

10 and assistance programs in Pakistan; and 

11 (7) providing humanitarian organizations access 

12 to detainees, internally displaced persons, and other 

13 Pakistani civilians affected by the conflict. 

14 (b) The Secretary of Defense, in coordination with 

15 the Secretary of State, may waive the restriction in sub16 section (a) on a case-by-case basis by certifying in writing 

17 to the congressional defense committees that it is in the 

18 national security interest to do so: Provided, That if the 

19 Secretary of Defense, in coordination with the Secretary 

20 of State, exercises such waiver authority, the Secretaries 

21 shall report to the congressional defense committees on 

22 both the justification for the waiver and on the require23 ments of this section that the Government of Pakistan was 

24 not able to meet: Provided further, That such report may 

25 be submitted in classified form if necessary. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 9017. In addition to amounts otherwise made 

3 available in this Act, $500,000,000 is hereby appropriated 

4 to the Department of Defense and made available for 

5 transfer only to the operation and maintenance, military 

6 personnel, and procurement accounts, to improve the intel7 ligence, surveillance, and reconnaissance capabilities of the 

8 Department of Defense: Provided, That the transfer au9 thority provided in this section is in addition to any other 

10 transfer authority provided elsewhere in this Act: Provided 

11 further, That not later than 30 days prior to exercising 

12 the transfer authority provided in this section, the Sec13 retary of Defense shall submit a report to the congres14 sional defense committees on the proposed uses of these 

15 funds: Provided further, That the funds provided in this 

16 section may not be transferred to any program, project, 

17 or activity specifically limited or denied by this Act: Pro18 vided further, That amounts made available by this section 

19 are designated by the Congress for Overseas Contingency 

20 Operations/Global War on Terrorism pursuant to section 

21 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985: Provided further, That the 

23 authority to provide funding under this section shall termi24 nate on September 30, 2018. 


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1 SEC. 9018. None of the funds made available by this 

2 Act may be used with respect to Syria in contravention 

3 of the War Powers Resolution (50 U.S.C. 1541 et seq.), 

4 including for the introduction of United States armed or 

5 military forces into hostilities in Syria, into situations in 

6 Syria where imminent involvement in hostilities is clearly 

7 indicated by the circumstances, or into Syrian territory, 

8 airspace, or waters while equipped for combat, in con9 travention of the congressional consultation and reporting 

10 requirements of sections 3 and 4 of that law (50 U.S.C. 

11 1542 and 1543). 

12 (RESCISSIONS)

13 SEC. 9019. Of the funds appropriated in Department 

14 of Defense Appropriations Acts, the following funds are 

15 hereby rescinded from the following accounts and pro16 grams in the specified amounts: Provided, That such 

17 amounts are designated by the Congress for Overseas 

18 Contingency Operations/Global War on Terrorism pursu19 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

20 and Emergency Deficit Control Act of 1985: 

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

22 $25,100,000; 

23 ‘‘Afghanistan Security Forces Fund’’, 2017/ 

24 2018, $100,000,000; and 


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1 ‘‘Counter-ISIL Train and Equip Fund’’, 2017/ 

2 2018, $112,513,000. 

3 ‘‘Operation and Maintenance, Defense-Wide, 

4 DSCA Coalition Support Fund’’, 2017/2018, 

5 $350,000,000. 

6 SEC. 9020. Each amount designated in this Act by 

7 the Congress for Overseas Contingency Operations/Global 

8 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

9 the Balanced Budget and Emergency Deficit Control Act 

10 of 1985 shall be available only if the President subse11 quently so designates all such amounts and transmits such 

12 designations to the Congress. 

13 SEC. 9021. (a) Not later than 30 days after the date 

14 of the enactment of this Act, the President shall submit 

15 to Congress a report on the United States strategy to de16 feat Al-Qaeda, the Taliban, the Islamic State of Iraq and 

17 Syria (ISIS), and their associated forces and co-belliger18 ents. 

19 (b) The report required under subsection (a) shall in20 clude the following: 

21 (1) An analysis of the adequacy of the existing 

22 legal framework to accomplish the strategy described 

23 in subsection (a), particularly with respect to the 

24 Authorization for Use of Military Force (Public Law 

25 107–40; 50 U.S.C. 1541 note) and the AuthorizaVerDate Sep 11 2014 00:00 Dec 14, 2017 Jkt 079200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\HJ124.IH HJ124

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1 tion for Use of Military Force Against Iraq Resolu2 tion of 2002 (Public Law 107–243; 50 U.S.C. 1541 

3 note). 

4 (2) An analysis of the budgetary resources nec5 essary to accomplish the strategy described in sub6 section (a). 

7 (c) Not later than 30 days after the date on which 

8 the President submits to the appropriate congressional 

9 committees the report required by subsection (a), the Sec10 retary of State and the Secretary of Defense shall testify 

11 at any hearing held by any of the appropriate congres12 sional committees on the report and to which the Sec13 retary is invited. 

14 (d) In this section, the term ‘‘appropriate congres15 sional committees’’ means— 

16 (1) the Committee on Foreign Relations and 

17 the Committee on Armed Services of the Senate; and 

18 (2) the Committee on Foreign Affairs and the 

19 Committee on Armed Services of the House of Rep20 resentatives. 

21 SEC. 9022. (a) In addition to amounts provided else22 where in this Act, there is hereby appropriated 

23 $1,184,112,000, for the following accounts and programs 

24 in the specified amounts for costs associated with Oper25 ation Freedom’s Sentinel: 


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1 (1) ‘‘Military Personnel, Army’’, $48,377,000; 

2 (2) ‘‘Military Personnel, Marine Corps’’, 

3 $179,000; 

4 (3) ‘‘Military Personnel, Air Force’’, 

5 $1,340,000; 

6 (4) ‘‘Operation and Maintenance, Army’’, 

7 $872,491,000; 

8 (5) ‘‘Operation and Maintenance, Navy’’, 

9 $76,274,000; 

10 (6) ‘‘Operation and Maintenance, Marine 

11 Corps’’, $24,734,000; 

12 (7) ‘‘Operation and Maintenance, Defense13 Wide’’, $81,164,000; 

14 (8) ‘‘Procurement of Ammunition, Navy and 

15 Marine Corps’’, $10,853,000, to remain available 

16 until September 30, 2020; 

17 (9) ‘‘Other Procurement, Navy’’, $31,500,000, 

18 to remain available until September 30, 2020; and 

19 (10) ‘‘Research, Development, Test and Evalua20 tion, Navy’’, $37,200,000, to remain available until 

21 September 30, 2019. 

22 (b) Amounts provided pursuant to this section are 

23 hereby designated by the Congress for Overseas Contin24 gency Operations/Global War on Terrorism pursuant to 


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1 section 251(b)(2)(A)(ii) of the Balanced Budget and 

2 Emergency Deficit Control Act of 1985. 

3 TITLE X—ADDITIONAL GENERAL PROVISIONS 

4 REFERENCES TO ACT

5 SEC. 10001. Except as expressly provided otherwise, 

6 any reference to ‘‘this Act’’ contained in this subdivision 

7 shall be treated as referring only to the provisions of this 

8 subdivision. 

9 REFERENCES TO REPORT

10 SEC. 10002. Any reference to a ‘‘report accom11 panying this Act’’ contained in this subdivision shall be 

12 treated as a reference to House Report 115–219. The ef13 fect of such Report shall be limited to this subdivision and 

14 shall apply for purposes of determining the allocation of 

15 funds provided by, and the implementation of, this sub16 division. 

17 SPENDING REDUCTION ACCOUNT

18 SEC. 10003. $0. 

19 SEC. 10004. None of the funds appropriated or other20 wise made available under the heading ‘‘Afghanistan Secu21 rity Forces Fund’’ may be used to procure uniforms for 

22 the Afghan National Army. 

23 SEC. 10005. None of the funds made available in this 

24 Act may be used for the closure of a biosafety level 4 lab25 oratory. 


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1 SEC. 10006. None of the funds made available by this 

2 Act may be used to provide arms, training, or other assist3 ance to the Azov Battalion. 

4 SEC. 10007. None of the finds made available by this 

5 Act may be used to purchase heavy water from Iran. 

6 SEC. 10008. None of the funds appropriated by this 

7 Act may be used to plan for, begin, continue, complete, 

8 process, or approve a public-private competition under the 

9 Office of Management and Budget Circular A-76. 

10 This subdivision may be cited as the ‘‘Department 

11 of Defense Appropriations Act, 2018’’. 

12 Subdivision 2—Missile Defense 

13 The following sums are appropriated, out of any 

14 money in the Treasury not otherwise appropriated, for the 

15 fiscal year ending September 30, 2018, and for other pur16 poses, namely: 

17 TITLE I—MISSILE DEFEAT AND DEFENSE 

18 ENHANCEMENTS 

19 CHAPTER 1 

20 DEPARTMENT OF DEFENSE 

21 OPERATION AND MAINTENANCE 

22 OPERATION AND MAINTENANCE, NAVY

23 For an additional amount for ‘‘Operation and Main24 tenance, Navy’’ for necessary costs to repair damage to 

25 the U.S.S. John S. McCain and the U.S.S. Fitzgerald, 


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1 $673,500,000: Provided, That such amount is designated 

2 by the Congress as an emergency requirement pursuant 

3 to section 251(b)(2)(A)(i) of the Balanced Budget and 

4 Emergency Deficit Control Act of 1985. 

5 OPERATION AND MAINTENANCE, AIR FORCE

6 For an additional amount for ‘‘Operation and Main7 tenance, Air Force’’ for necessary costs to detect, defeat, 

8 and defend against the use of ballistic missiles, 

9 $18,750,000: Provided, That such amount is designated 

10 by the Congress as an emergency requirement pursuant 

11 to section 251(b)(2)(A)(i) of the Balanced Budget and 

12 Emergency Deficit Control Act of 1985. 

13 OPERATION AND MAINTENANCE, DEFENSE-WIDE

14 For an additional amount for ‘‘Operation and Main15 tenance, Defense-Wide’’ for necessary costs to detect, de16 feat, and defend against the use of ballistic missiles, 

17 $23,735,000: Provided, That such amount is designated 

18 by the Congress as an emergency requirement pursuant 

19 to section 251(b)(2)(A)(i) of the Balanced Budget and 

20 Emergency Deficit Control Act of 1985. 

21 PROCUREMENT 

22 MISSILE PROCUREMENT, ARMY

23 For an additional amount for ‘‘Missile Procurement, 

24 Army’’ for necessary costs to detect, defeat, and defend 

25 against the use of ballistic missiles, $884,000,000, to reVerDate Sep 11 2014 00:00 Dec 14, 2017 Jkt 079200 PO 00000 Frm 00171 Fmt 6652 Sfmt 6201 E:\BILLS\HJ124.IH HJ124

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1 main available until September 30, 2020: Provided, That 

2 such amount is designated by the Congress as an emer3 gency requirement pursuant to section 251(b)(2)(A)(i) of 

4 the Balanced Budget and Emergency Deficit Control Act 

5 of 1985. 

6 MISSILE PROCUREMENT, AIR FORCE

7 For an additional amount for ‘‘Missile Procurement, 

8 Air Force’’ for necessary costs to detect, defeat, and de9 fend against the use of ballistic missiles, $12,000,000 to 

10 remain available until September 30, 2020: Provided, 

11 That such amount is designated by the Congress as an 

12 emergency requirement pursuant to section 

13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 OTHER PROCUREMENT, AIR FORCE

16 For an additional amount for ‘‘Other Procurement, 

17 Air Force’’ for necessary costs to detect, defeat, and de18 fend against the use of ballistic missiles, $288,055,000 to 

19 remain available until September 30, 2020: Provided, 

20 That such amount is designated by the Congress as an 

21 emergency requirement pursuant to section 

22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985. 


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1 PROCUREMENT, DEFENSE-WIDE

2 For an additional amount for ‘‘Procurement, De3 fense-Wide’’ for necessary costs to detect, defeat, and de4 fend against the use of ballistic missiles, $1,239,140,000 

5 to remain available until September 30, 2020: Provided, 

6 That such amount is designated by the Congress as an 

7 emergency requirement pursuant to section 

8 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

9 Deficit Control Act of 1985. 

10 RESEARCH, DEVELOPMENT, TEST AND 

11 EVALUATION 

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

13 ARMY

14 For an additional amount for ‘‘Research, Develop15 ment, Test and Evaluation, Army’’ for necessary costs to 

16 detect, defeat, and defend against the use of ballistic mis17 siles, $20,700,000 to remain available until September 30, 

18 2019: Provided, That such amount is designated by the 

19 Congress as an emergency requirement pursuant to sec20 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer21 gency Deficit Control Act of 1985. 

22 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

23 NAVY

24 For an additional amount for ‘‘Research, Develop25 ment, Test and Evaluation, Navy’’ for necessary costs to 


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1 detect, defeat, and defend against the use of ballistic mis2 siles, $60,000,000 to remain available until September 30, 

3 2019: Provided, That such amount is designated by the 

4 Congress as an emergency requirement pursuant to sec5 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer6 gency Deficit Control Act of 1985. 

7 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

8 AIR FORCE

9 For an additional amount for ‘‘Research, Develop10 ment, Test and Evaluation, Air Force’’ for necessary costs 

11 to detect, defeat, and defend against the use of ballistic 

12 missiles, $255,744,000 to remain available until Sep13 tember 30, 2019: Provided, That such amount is des14 ignated by the Congress as an emergency requirement 

15 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg16 et and Emergency Deficit Control Act of 1985. 

17 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

18 DEFENSE-WIDE

19 For an additional amount for ‘‘Research, Develop20 ment, Test and Evaluation, Defense-Wide’’ for necessary 

21 costs to detect, defeat, and defend against the use of bal22 listic missiles, $1,010,220,000 to remain available until 

23 September 30, 2019: Provided, That such amount is des24 ignated by the Congress as an emergency requirement 


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1 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg2 et and Emergency Deficit Control Act of 1985. 

3 CHAPTER 2 

4 DEPARTMENT OF DEFENSE 

5 MILITARY CONSTRUCTION, DEFENSE-WIDE 

6 For an additional amount for ‘‘Military Construction, 

7 Defense-Wide’’, $200,000,000, to remain available until 

8 September 30, 2022, to carry out construction of a missile 

9 field in Alaska: Provided, That such funds may be obli10 gated or expended for planning and design and military 

11 construction projects not otherwise authorized by law: 

12 Provided further, That such amount is designated by the 

13 Congress as an emergency requirement pursuant to sec14 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer15 gency Deficit Control Act of 1985. 

16 TITLE II—GENERAL PROVISIONS 

17 SEC. 201. Notwithstanding any other provision of 

18 law, funds made available in this subdivision are in addi19 tion to amounts appropriated or otherwise made available 

20 for the Department of Defense for fiscal year 2018. 

21 SEC. 202. (a) Funds made available in chapter 1 of 

22 title I of this subdivision shall be allocated to programs, 

23 projects, and activities in accordance with the detailed 

24 congressional budget justifications submitted by the De25 partment of Defense to accompany the Fiscal Year 2018 


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1 Budget Amendments requested by the President on No2 vember 6, 2017: Provided, That changes to the allocation 

3 of such funds shall be subject to the reprogramming re4 quirements set forth in the annual appropriations Act. 

5 (b) Funds made available in this chapter may be obli6 gated and expended notwithstanding sections 102 and 104 

7 of division D of Public Law 115-56. 

8 SEC. 203. Each amount designated in this subdivi9 sion by the Congress as an emergency requirement pursu10 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

11 Emergency Deficit Control Act of 1985 shall be available 

12 only if the President subsequently so designates all such 

13 amounts and transmits such designations to the Congress. 

14 This subdivision may be cited as the ‘‘Department 

15 of Defense Missile Defeat and Defense Enhancements Ap16 propriations Act, 2018’’. 

17 DIVISION C—CHAMPIONING 

18 HEALTHY KIDS ACT 

19 SEC. 21001. SHORT TITLE. 

20 This division may be cited as the ‘‘Continuing Com21 munity Health And Medical Professional Programs to Im22 prove Our Nation, Increase National Gains, and Help En23 sure Access for Little Ones, Toddlers, and Hopeful Youth 

24 by Keeping Insurance Delivery Stable Act of 2017’’ or the 

25 ‘‘CHAMPIONING HEALTHY KIDS Act’’. 


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1 SUBDIVISION 1—CHAMPION ACT 

2 SEC. 21101. SHORT TITLE. 

3 This subdivision may be cited as the ‘‘Community 

4 Health And Medical Professionals Improve Our Nation 

5 Act of 2017’’ or the ‘‘CHAMPION Act’’. 

6 TITLE I—EXTENSION OF PUBLIC 

7 HEALTH PROGRAMS 

8 SEC. 21111. EXTENSION FOR COMMUNITY HEALTH CEN9 TERS, THE NATIONAL HEALTH SERVICE 

10 CORPS, AND TEACHING HEALTH CENTERS 

11 THAT OPERATE GME PROGRAMS. 

12 (a) COMMUNITY HEALTH CENTERS FUNDING.—Sec13 tion 10503(b)(1)(E) of the Patient Protection and Afford14 able Care Act (42 U.S.C. 254b–2(b)(1)(E)) is amended 

15 by striking ‘‘2017’’ and inserting ‘‘2019’’. 

16 (b) OTHER COMMUNITY HEALTH CENTERS PROVI17 SIONS.—Section 330 of the Public Health Service Act (42 

18 U.S.C. 254b) is amended— 

19 (1) in subsection (b)(1)(A)(ii), by striking 

20 ‘‘abuse’’ and inserting ‘‘use disorder’’; 

21 (2) in subsection (b)(2)(A), by striking ‘‘abuse’’ 

22 and inserting ‘‘use disorder’’; 

23 (3) in subsection (c)— 

24 (A) in paragraph (1), by striking subpara25 graphs (B) through (D); 


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1 (B) by striking ‘‘(1) IN GENERAL’’ and all 

2 that follows through ‘‘The Secretary’’ and in3 serting the following: 

4 ‘‘(1) CENTERS.—The Secretary’’; and 

5 (C) in paragraph (1), as amended, by re6 designating clauses (i) through (v) as subpara7 graphs (A) through (E) and moving the margin 

8 of each of such redesignated subparagraph 2 

9 ems to the left; 

10 (4) by striking subsection (d) and inserting the 

11 following: 

12 ‘‘(d) IMPROVING QUALITY OF CARE.— 

13 ‘‘(1) SUPPLEMENTAL AWARDS.—The Secretary 

14 may award supplemental grant funds to health cen15 ters funded under this section to implement evi16 dence-based models for increasing access to high17 quality primary care services, which may include 

18 models related to— 

19 ‘‘(A) improving the delivery of care for in20 dividuals with multiple chronic conditions; 

21 ‘‘(B) workforce configuration; 

22 ‘‘(C) reducing the cost of care; 

23 ‘‘(D) enhancing care coordination; 


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1 ‘‘(E) expanding the use of telehealth and 

2 technology-enabled collaborative learning and 

3 capacity building models; 

4 ‘‘(F) care integration, including integration 

5 of behavioral health, mental health, or sub6 stance use disorder services; and 

7 ‘‘(G) addressing emerging public health or 

8 substance use disorder issues to meet the health 

9 needs of the population served by the health 

10 center. 

11 ‘‘(2) SUSTAINABILITY.—In making supple12 mental awards under this subsection, the Secretary 

13 may consider whether the health center involved has 

14 submitted a plan for continuing the activities funded 

15 under this subsection after supplemental funding is 

16 expended. 

17 ‘‘(3) SPECIAL CONSIDERATION.—The Secretary 

18 may give special consideration to applications for 

19 supplemental funding under this subsection that 

20 seek to address significant barriers to access to care 

21 in areas with a greater shortage of health care pro22 viders and health services relative to the national av23 erage.’’; 

24 (5) in subsection (e)(1)— 

25 (A) in subparagraph (B)— 


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1 (i) by striking ‘‘2 years’’ and inserting 

2 ‘‘1 year’’; and 

3 (ii) by adding at the end the fol4 lowing: ‘‘The Secretary shall not make a 

5 grant under this paragraph unless the ap6 plicant provides assurances to the Sec7 retary that within 120 days of receiving 

8 grant funding for the operation of the 

9 health center, the applicant will submit, for 

10 approval by the Secretary, an implementa11 tion plan to meet the requirements of sub12 section (k)(3). The Secretary may extend 

13 such 120-day period for achieving compli14 ance upon a demonstration of good cause 

15 by the health center.’’; and 

16 (B) in subparagraph (C)— 

17 (i) in the subparagraph heading, by 

18 striking ‘‘AND PLANS’’; 

19 (ii) by striking ‘‘or plan (as described 

20 in subparagraphs (B) and (C) of sub21 section (c)(1))’’; 

22 (iii) by striking ‘‘or plan, including 

23 the purchase’’ and inserting the following: 

24 ‘‘including— 

25 ‘‘(i) the purchase’’; 


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1 (iv) by inserting ‘‘, which may include 

2 data and information systems’’ after ‘‘of 

3 equipment’’; 

4 (v) by striking the period at the end 

5 and inserting a semicolon; and 

6 (vi) by adding at the end the fol7 lowing: 

8 ‘‘(ii) the provision of training and 

9 technical assistance; and 

10 ‘‘(iii) other activities that— 

11 ‘‘(I) reduce costs associated with 

12 the provision of health services; 

13 ‘‘(II) improve access to, and 

14 availability of, health services provided 

15 to individuals served by the centers; 

16 ‘‘(III) enhance the quality and 

17 coordination of health services; or 

18 ‘‘(IV) improve the health status 

19 of communities.’’; 

20 (6) in subsection (e)(5)(B)— 

21 (A) in the heading of subparagraph (B), by 

22 striking ‘‘AND PLANS’’; and 

23 (B) by striking ‘‘and subparagraphs (B) 

24 and (C) of subsection (c)(1) to a health center 


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1 or to a network or plan’’ and inserting ‘‘to a 

2 health center or to a network’’; 

3 (7) in subsection (e), by adding at the end the 

4 following: 

5 ‘‘(6) NEW ACCESS POINTS AND EXPANDED

6 SERVICES.— 

7 ‘‘(A) APPROVAL OF NEW ACCESS

8 POINTS.— 

9 ‘‘(i) IN GENERAL.—The Secretary 

10 may approve applications for grants under 

11 subparagraph (A) or (B) of paragraph (1) 

12 to establish new delivery sites. 

13 ‘‘(ii) SPECIAL CONSIDERATION.—In 

14 carrying out clause (i), the Secretary may 

15 give special consideration to applicants 

16 that have demonstrated the new delivery 

17 site will be located within a sparsely popu18 lated area, or an area which has a level of 

19 unmet need that is higher relative to other 

20 applicants. 

21 ‘‘(iii) CONSIDERATION OF APPLICA22 TIONS.—In carrying out clause (i), the 

23 Secretary shall approve applications for 

24 grants in such a manner that the ratio of 

25 the medically underserved populations in 


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1 rural areas which may be expected to use 

2 the services provided by the applicants in3 volved to the medically underserved popu4 lations in urban areas which may be ex5 pected to use the services provided by the 

6 applicants is not less than two to three or 

7 greater than three to two. 

8 ‘‘(iv) SERVICE AREA OVERLAP.—If in 

9 carrying out clause (i) the applicant pro10 poses to serve an area that is currently 

11 served by another health center funded 

12 under this section, the Secretary may con13 sider whether the award of funding to an 

14 additional health center in the area can be 

15 justified based on the unmet need for addi16 tional services within the catchment area. 

17 ‘‘(B) APPROVAL OF EXPANDED SERVICE

18 APPLICATIONS.— 

19 ‘‘(i) IN GENERAL.—The Secretary 

20 may approve applications for grants under 

21 subparagraph (A) or (B) of paragraph (1) 

22 to expand the capacity of the applicant to 

23 provide required primary health services 

24 described in subsection (b)(1) or additional 


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1 health services described in subsection 

2 (b)(2). 

3 ‘‘(ii) PRIORITY EXPANSION

4 PROJECTS.—In carrying out clause (i), the 

5 Secretary may give special consideration to 

6 expanded service applications that seek to 

7 address emerging public health or behav8 ioral health, mental health, or substance 

9 abuse issues through increasing the avail10 ability of additional health services de11 scribed in subsection (b)(2) in an area in 

12 which there are significant barriers to ac13 cessing care. 

14 ‘‘(iii) CONSIDERATION OF APPLICA15 TIONS.—In carrying out clause (i), the 

16 Secretary shall approve applications for 

17 grants in such a manner that the ratio of 

18 the medically underserved populations in 

19 rural areas which may be expected to use 

20 the services provided by the applicants in21 volved to the medically underserved popu22 lations in urban areas which may be ex23 pected to use the services provided by such 

24 applicants is not less than two to three or 

25 greater than three to two.’’; 


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1 (8) in subsection (h)— 

2 (A) in paragraph (1), by striking ‘‘and 

3 children and youth at risk of homelessness’’ and 

4 inserting ‘‘, children and youth at risk of home5 lessness, homeless veterans, and veterans at 

6 risk of homelessness’’; and 

7 (B) in paragraph (5)— 

8 (i) by striking subparagraph (B); 

9 (ii) by redesignating subparagraph 

10 (C) as subparagraph (B); and 

11 (iii) in subparagraph (B) (as so redes12 ignated)— 

13 (I) in the subparagraph heading, 

14 by striking ‘‘ABUSE’’ and inserting 

15 ‘‘USE DISORDER’’; and 

16 (II) by striking ‘‘abuse’’ and in17 serting ‘‘use disorder’’; 

18 (9) in subsection (k)— 

19 (A) in paragraph (2)— 

20 (i) in the paragraph heading, by in21 serting ‘‘UNMET’’ before ‘‘NEED’’; 

22 (ii) in the matter preceding subpara23 graph (A), by inserting ‘‘or subsection 

24 (e)(6)’’ after ‘‘subsection (e)(1)’’; 


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1 (iii) in subparagraph (A), by inserting 

2 ‘‘unmet’’ before ‘‘need for health services’’; 

3 (iv) in subparagraph (B), by striking 

4 ‘‘and’’ at the end; 

5 (v) in subparagraph (C), by striking 

6 the period at the end and inserting ‘‘; 

7 and’’; and 

8 (vi) by adding after subparagraph (C) 

9 the following: 

10 ‘‘(D) in the case of an application for a 

11 grant pursuant to subsection (e)(6), a dem12 onstration that the applicant has consulted with 

13 appropriate State and local government agen14 cies, and health care providers regarding the 

15 need for the health services to be provided at 

16 the proposed delivery site.’’; 

17 (B) in paragraph (3)— 

18 (i) in the matter preceding subpara19 graph (A), by inserting ‘‘or subsection 

20 (e)(6)’’ after ‘‘subsection (e)(1)(B)’’; 

21 (ii) in subparagraph (B), by striking 

22 ‘‘in the catchment area of the center’’ and 

23 inserting ‘‘, including other health care 

24 providers that provide care within the 

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1 cialty providers in the catchment area of 

2 the center, to provide access to services not 

3 available through the health center and to 

4 reduce the non-urgent use of hospital 

5 emergency departments’’; 

6 (iii) in subparagraph (H)(ii), by in7 serting ‘‘who shall be directly employed by 

8 the center’’ after ‘‘approves the selection of 

9 a director for the center’’; 

10 (iv) in subparagraph (L), by striking 

11 ‘‘and’’ at the end; 

12 (v) in subparagraph (M), by striking 

13 the period and inserting ‘‘; and’’; and 

14 (vi) by inserting after subparagraph 

15 (M), the following: 

16 ‘‘(N) the center has written policies and 

17 procedures in place to ensure the appropriate 

18 use of Federal funds in compliance with appli19 cable Federal statutes, regulations, and the 

20 terms and conditions of the Federal award.’’; 

21 and 

22 (C) by striking paragraph (4); 

23 (10) in subsection (l), by adding at the end the 

24 following: ‘‘Funds expended to carry out activities 

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1 ties under subsection (m) shall not exceed 3 percent 

2 of the amount appropriated for this section for the 

3 fiscal year involved.’’; 

4 (11) in subsection (q)(4), by adding at the end 

5 the following: ‘‘A waiver provided by the Secretary 

6 under this paragraph may not remain in effect for 

7 more than 1 year and may not be extended after 

8 such period. An entity may not receive more than 

9 one waiver under this paragraph in consecutive 

10 years.’’; 

11 (12) in subsection (r)(3)— 

12 (A) by striking ‘‘appropriate committees of 

13 Congress a report concerning the distribution of 

14 funds under this section’’ and inserting the fol15 lowing: ‘‘Committee on Health, Education, 

16 Labor, and Pensions of the Senate, and the 

17 Committee on Energy and Commerce of the 

18 House of Representatives, a report including, at 

19 a minimum— 

20 ‘‘(A) the distribution of funds for carrying 

21 out this section’’; 

22 (B) by striking ‘‘populations. Such report 

23 shall include an assessment’’ and inserting the 

24 following: ‘‘populations; 

25 ‘‘(B) an assessment’’; 


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1 (C) by striking ‘‘and the rationale for any 

2 substantial changes in the distribution of 

3 funds.’’ and inserting a semicolon; and 

4 (D) by adding at the end the following: 

5 ‘‘(C) the distribution of awards and fund6 ing for new or expanded services in each of 

7 rural areas and urban areas; 

8 ‘‘(D) the distribution of awards and fund9 ing for establishing new access points, and the 

10 number of new access points created; 

11 ‘‘(E) the amount of unexpended funding 

12 for loan guarantees and loan guarantee author13 ity under title XVI; 

14 ‘‘(F) the rationale for any substantial 

15 changes in the distribution of funds; 

16 ‘‘(G) the rate of closures for health centers 

17 and access points; 

18 ‘‘(H) the number and reason for any 

19 grants awarded pursuant to subsection 

20 (e)(1)(B); and 

21 ‘‘(I) the number and reason for any waiv22 ers provided pursuant to subsection (q)(4).’’; 

23 (13) in subsection (r), by adding at the end the 

24 following new paragraph: 


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1 ‘‘(5) FUNDING FOR PARTICIPATION OF HEALTH

2 CENTERS IN ALL OF US RESEARCH PROGRAM.—In 

3 addition to any amounts made available pursuant to 

4 paragraph (1) of this subsection, section 402A of 

5 this Act, or section 10503 of the Patient Protection 

6 and Affordable Care Act, there is authorized to be 

7 appropriated, and there is appropriated, out of any 

8 monies in the Treasury not otherwise appropriated, 

9 to the Secretary $25,000,000 for fiscal year 2018 to 

10 support the participation of health centers in the All 

11 of Us Research Program under the Precision Medi12 cine Initiative under section 498E of this Act.’’; and 

13 (14) by striking subsection (s). 

14 (c) NATIONAL HEALTH SERVICE CORPS.—Section 

15 10503(b)(2)(E) of the Patient Protection and Affordable 

16 Care Act (42 U.S.C. 254b–2(b)(2)(E)) is amended by 

17 striking ‘‘2017’’ and inserting ‘‘2019’’. 

18 (d) TEACHING HEALTH CENTERS THAT OPERATE

19 GRADUATE MEDICAL EDUCATION PROGRAMS.— 

20 (1) PAYMENTS.—Subsection (a) of section 

21 340H of the Public Health Service Act (42 U.S.C. 

22 256h) is amended to read as follows: 

23 ‘‘(a) PAYMENTS.— 

24 ‘‘(1) IN GENERAL.—Subject to subsection 

25 (h)(2), the Secretary shall make payments under 


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1 this section for direct expenses and indirect expenses 

2 to qualified teaching health centers that are listed as 

3 sponsoring institutions by the relevant accrediting 

4 body for, as appropriate— 

5 ‘‘(A) maintenance of existing approved 

6 graduate medical residency training programs; 

7 ‘‘(B) expansion of existing approved grad8 uate medical residency training programs; and 

9 ‘‘(C) establishment of new approved grad10 uate medical residency training programs. 

11 ‘‘(2) PRIORITY.—In making payments pursuant 

12 to paragraph (1)(C), the Secretary shall give priority 

13 to qualified teaching health centers that— 

14 ‘‘(A) serve a health professional shortage 

15 area with a designation in effect under section 

16 332 or a medically underserved community (as 

17 defined in section 799B); or 

18 ‘‘(B) are located in a rural area (as de19 fined in section 1886(d)(2)(D) of the Social Se20 curity Act).’’. 

21 (2) FUNDING.—Subsection (g) of section 340H 

22 of the Public Health Service Act (42 U.S.C. 256h) 

23 is amended— 

24 (A) by striking ‘‘To carry out’’ and insert25 ing the following: 


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1 ‘‘(1) IN GENERAL.—To carry out’’; 

2 (B) by striking ‘‘and $15,000,000 for the 

3 first quarter of fiscal year 2018’’ and inserting 

4 ‘‘and $126,500,000 for each of fiscal years 

5 2018 and 2019, to remain available until ex6 pended’’; and 

7 (C) by adding at the end the following: 

8 ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the 

9 amount made available to carry out this section for 

10 any fiscal year, the Secretary may not use more 

11 than 5 percent of such amount for the expenses of 

12 administering this section.’’. 

13 (3) ANNUAL REPORTING.—Subsection (h)(1) of 

14 section 340H of the Public Health Service Act (42 

15 U.S.C. 256h) is amended— 

16 (A) by redesignating subparagraph (D) as 

17 subparagraph (H); and 

18 (B) by inserting after subparagraph (C) 

19 the following: 

20 ‘‘(D) The number of patients treated by 

21 residents described in paragraph (4). 

22 ‘‘(E) The number of visits by patients 

23 treated by residents described in paragraph (4). 

24 ‘‘(F) Of the number of residents described 

25 in paragraph (4) who completed their residency 


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1 training at the end of such residency academic 

2 year, the number and percentage of such resi3 dents entering primary care practice (meaning 

4 any of the areas of practice listed in the defini5 tion of a primary care residency program in 

6 section 749A). 

7 ‘‘(G) Of the number of residents described 

8 in paragraph (4) who completed their residency 

9 training at the end of such residency academic 

10 year, the number and percentage of such resi11 dents who entered practice at a health care fa12 cility— 

13 ‘‘(i) primarily serving a health profes14 sional shortage area with a designation in 

15 effect under section 332 or a medically un16 derserved community (as defined in section 

17 799B); or 

18 ‘‘(ii) located in a rural area (as de19 fined in section 1886(d)(2)(D) of the So20 cial Security Act).’’. 

21 (4) REPORT ON TRAINING COSTS.—Not later 

22 than March 31, 2019, the Secretary of Health and 

23 Human Services shall submit to the Congress a re24 port on the direct graduate expenses of approved 

25 graduate medical residency training programs, and 


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1 the indirect expenses associated with the additional 

2 costs of teaching residents, of qualified teaching 

3 health centers (as such terms are used or defined in 

4 section 340H of the Public Health Service Act (42 

5 U.S.C. 256h)). 

6 (5) DEFINITION.—Subsection (j) of section 

7 340H of the Public Health Service Act (42 U.S.C. 

8 256h) is amended— 

9 (A) by redesignating paragraphs (2) and 

10 (3) as paragraphs (3) and (4), respectively; and 

11 (B) by inserting after paragraph (1) the 

12 following: 

13 ‘‘(2) NEW APPROVED GRADUATE MEDICAL

14 RESIDENCY TRAINING PROGRAM.—The term ‘new 

15 approved graduate medical residency training pro16 gram’ means an approved graduate medical resi17 dency training program for which the sponsoring 

18 qualified teaching health center has not received a 

19 payment under this section for a previous fiscal year 

20 (other than pursuant to subsection (a)(1)(C)).’’. 

21 (6) TECHNICAL CORRECTION.—Subsection (f) 

22 of section 340H (42 U.S.C. 256h) is amended by 

23 striking ‘‘hospital’’ each place it appears and insert24 ing ‘‘teaching health center’’. 


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1 (7) PAYMENTS FOR PREVIOUS FISCAL YEARS.— 

2 The provisions of section 340H of the Public Health 

3 Service Act (42 U.S.C. 256h), as in effect on the 

4 day before the date of enactment of this Act, shall 

5 continue to apply with respect to payments under 

6 such section for fiscal years before fiscal year 2018. 

7 (e) APPLICATION.—Amounts appropriated pursuant 

8 to this section for fiscal year 2018 or 2019 are subject 

9 to the requirements contained in Public Law 115–31 for 

10 funds for programs authorized under sections 330 through 

11 340 of the Public Health Service Act (42 U.S.C. 254b– 

12 256). 

13 (f) CONFORMING AMENDMENTS.—Section 3014(h) of 

14 title 18, United States Code, is amended— 

15 (1) in paragraph (1), by striking ‘‘, as amended 

16 by section 221 of the Medicare Access and CHIP 

17 Reauthorization Act of 2015,’’; and 

18 (2) in paragraph (4), by inserting ‘‘and section 

19 21111(e) of the Community Health And Medical 

20 Professionals Improve Our Nation Act of 2017’’ 

21 after ‘‘section 221(c) of the Medicare Access and 

22 CHIP Reauthorization Act of 2015’’. 


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1 SEC. 21112. EXTENSION FOR SPECIAL DIABETES PRO2 GRAMS. 

3 (a) SPECIAL DIABETES PROGRAM FOR TYPE I DIA4 BETES.—Section 330B(b)(2)(C) of the Public Health 

5 Service Act (42 U.S.C. 254c–2(b)(2)(C)) is amended by 

6 striking ‘‘2017’’ and inserting ‘‘2019’’. 

7 (b) SPECIAL DIABETES PROGRAM FOR INDIANS.— 

8 Subparagraph (D) of section 330C(c)(2) of the Public 

9 Health Service Act (42 U.S.C. 254c–3(c)(2)) is amended 

10 to read as follows: 

11 ‘‘(D) $150,000,000 for each of fiscal years 

12 2018 and 2019.’’. 

13 SEC. 21113. EXTENSION FOR FAMILY-TO-FAMILY HEALTH 

14 INFORMATION CENTERS. 

15 Section 501(c) of the Social Security Act (42 U.S.C. 

16 701(c)) is amended— 

17 (1) in paragraph (1)(A)— 

18 (A) in clause (v), by striking ‘‘and’’ at the 

19 end; 

20 (B) in clause (vi), by striking the period at 

21 the end and inserting ‘‘; and’’; and 

22 (C) by adding at the end the following new 

23 clause: 

24 ‘‘(vii) $6,000,000 for each of fiscal years 2018 

25 and 2019.’’; 


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1 (2) in paragraph (3)(C), by inserting before the 

2 period the following: ‘‘, and with respect to fiscal 

3 years 2018 and 2019, such centers shall also be de4 veloped in all territories and at least one such center 

5 shall be developed for Indian tribes’’; and 

6 (3) by amending paragraph (5) to read as fol7 lows: 

8 ‘‘(5) For purposes of this subsection— 

9 ‘‘(A) the term ‘Indian tribe’ has the meaning 

10 given such term in section 4 of the Indian Health 

11 Care Improvement Act (25 U.S.C. 1603); 

12 ‘‘(B) the term ‘State’ means each of the 50 

13 States and the District of Columbia; and 

14 ‘‘(C) the term ‘territory’ means Puerto Rico, 

15 Guam, American Samoa, the Virgin Islands, and the 

16 Northern Mariana Islands.’’. 

17 SEC. 21114. YOUTH EMPOWERMENT PROGRAM; PERSONAL 

18 RESPONSIBILITY EDUCATION. 

19 (a) YOUTH EMPOWERMENT PROGRAM.— 

20 (1) IN GENERAL.—Section 510 of the Social 

21 Security Act (42 U.S.C. 710) is amended to read as 

22 follows: 

23 ‘‘SEC. 510. YOUTH EMPOWERMENT PROGRAM. 

24 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) ALLOTMENTS TO STATES.—For the pur2 pose described in subsection (b), the Secretary shall, 

3 for each of fiscal years 2018 and 2019, allot to each 

4 State which has transmitted an application for the 

5 fiscal year under section 505(a) an amount equal to 

6 the product of— 

7 ‘‘(A) the amount appropriated pursuant to 

8 subsection (e)(1) for the fiscal year, minus the 

9 amount reserved under subsection (e)(2) for the 

10 fiscal year; and 

11 ‘‘(B) the proportion that the number of 

12 low-income children in the State bears to the 

13 total of such numbers of children for all the 

14 States. 

15 ‘‘(2) OTHER ALLOTMENTS.— 

16 ‘‘(A) OTHER ENTITIES.—For the purpose 

17 described in subsection (b), the Secretary shall, 

18 for each of fiscal years 2018 and 2019, for any 

19 State which has not transmitted an application 

20 for the fiscal year under section 505(a), allot to 

21 one or more entities in the State the amount 

22 that would have been allotted to the State 

23 under paragraph (1) if the State had submitted 

24 such an application. 


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1 ‘‘(B) PROCESS.—The Secretary shall select 

2 the recipients of allotments under subparagraph 

3 (A) by means of a competitive grant process 

4 under which— 

5 ‘‘(i) not later than 30 days after the 

6 deadline for the State involved to submit 

7 an application for the fiscal year under 

8 section 505(a), the Secretary publishes a 

9 notice soliciting grant applications; and 

10 ‘‘(ii) not later than 120 days after 

11 such deadline, all such applications must 

12 be submitted. 

13 ‘‘(b) PURPOSE.— 

14 ‘‘(1) IN GENERAL.—Except for research under 

15 paragraph (5) and information collection and report16 ing under paragraph (6), the purpose of an allot17 ment under subsection (a) to a State (or to another 

18 entity in the State pursuant to subsection (a)(2)) is 

19 to enable the State or other entity to implement edu20 cation exclusively on sexual risk avoidance (meaning 

21 voluntarily refraining from sexual activity). 

22 ‘‘(2) REQUIRED COMPONENTS.—Education on 

23 sexual risk avoidance pursuant to an allotment 

24 under this section shall— 


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1 ‘‘(A) ensure that the unambiguous and pri2 mary emphasis and context for each topic de3 scribed in paragraph (3) is a message to youth 

4 that normalizes the optimal health behavior of 

5 avoiding nonmarital sexual activity; 

6 ‘‘(B) be medically accurate and complete; 

7 ‘‘(C) be age-appropriate; and 

8 ‘‘(D) be based on adolescent learning and 

9 developmental theories for the age group receiv10 ing the education. 

11 ‘‘(3) TOPICS.—Education on sexual risk avoid12 ance pursuant to an allotment under this section 

13 shall address each of the following topics: 

14 ‘‘(A) The holistic individual and societal 

15 benefits associated with personal responsibility, 

16 self-regulation, goal setting, healthy decision17 making, and a focus on the future. 

18 ‘‘(B) The advantage of refraining from 

19 nonmarital sexual activity in order to improve 

20 the future prospects and physical and emotional 

21 health of youth. 

22 ‘‘(C) The increased likelihood of avoiding 

23 poverty when youth attain self-sufficiency and 

24 emotional maturity before engaging in sexual 

25 activity. 


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1 ‘‘(D) The foundational components of 

2 healthy relationships and their impact on the 

3 formation of healthy marriages and safe and 

4 stable families. 

5 ‘‘(E) How other youth risk behaviors, such 

6 as drug and alcohol usage, increase the risk for 

7 teen sex. 

8 ‘‘(F) How to resist and avoid, and receive 

9 help regarding, sexual coercion and dating vio10 lence, recognizing that even with consent teen 

11 sex remains a youth risk behavior. 

12 ‘‘(4) CONTRACEPTION.—Education on sexual 

13 risk avoidance pursuant to an allotment under this 

14 section shall ensure that— 

15 ‘‘(A) any information provided on contra16 ception is medically accurate and ensures that 

17 students understand that contraception offers 

18 physical risk reduction, but not risk elimination; 

19 and 

20 ‘‘(B) the education does not include dem21 onstrations, simulations, or distribution of con22 traceptive devices. 

23 ‘‘(5) RESEARCH.— 

24 ‘‘(A) IN GENERAL.—A State or other enti25 ty receiving an allotment pursuant to subsection 


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1 (a) may use up to 20 percent of such allotment 

2 to build the evidence base for sexual risk avoid3 ance education by conducting or supporting re4 search. 

5 ‘‘(B) REQUIREMENTS.—Any research con6 ducted or supported pursuant to subparagraph 

7 (A) shall be— 

8 ‘‘(i) rigorous; 

9 ‘‘(ii) evidence-based; and 

10 ‘‘(iii) designed and conducted by inde11 pendent researchers who have experience 

12 in conducting and publishing research in 

13 peer-reviewed outlets. 

14 ‘‘(6) INFORMATION COLLECTION AND REPORT15 ING.—A State or other entity receiving an allotment 

16 pursuant to subsection (a) shall, as specified by the 

17 Secretary— 

18 ‘‘(A) collect information on the programs 

19 and activities funded through the allotment; 

20 and 

21 ‘‘(B) submit reports to the Secretary on 

22 the data from such programs and activities. 

23 ‘‘(c) NATIONAL EVALUATION.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall— 


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1 ‘‘(A) in consultation with appropriate State 

2 and local agencies, conduct one or more rig3 orous evaluations of the education funded 

4 through this section and associated data; and 

5 ‘‘(B) submit a report to the Congress on 

6 the results of such evaluations, together with a 

7 summary of the information collected pursuant 

8 to subsection (b)(6). 

9 ‘‘(2) CONSULTATION.—In conducting the eval10 uations required by paragraph (1), including the es11 tablishment of evaluation methodologies, the Sec12 retary shall consult with relevant stakeholders. 

13 ‘‘(d) APPLICABILITY OF CERTAIN PROVISIONS.— 

14 ‘‘(1) Sections 503, 507, and 508 apply to allot15 ments under subsection (a) to the same extent and 

16 in the same manner as such sections apply to allot17 ments under section 502(c). 

18 ‘‘(2) Sections 505 and 506 apply to allotments 

19 under subsection (a) to the extent determined by the 

20 Secretary to be appropriate. 

21 ‘‘(e) FUNDING.— 

22 ‘‘(1) IN GENERAL.—To carry out this section, 

23 there is appropriated, out of any money in the 

24 Treasury not otherwise appropriated, $75,000,000 

25 for each of fiscal years 2018 and 2019. 


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1 ‘‘(2) RESERVATION.—The Secretary shall re2 serve, for each of fiscal years 2018 and 2019, not 

3 more than 20 percent of the amount appropriated 

4 pursuant to paragraph (1) for administering the 

5 program under this section, including the conducting 

6 of national evaluations and the provision of technical 

7 assistance to the recipients of allotments.’’. 

8 (2) EFFECTIVE DATE.—The amendment made 

9 by this subsection takes effect on October 1, 2017. 

10 (b) PERSONAL RESPONSIBILITY EDUCATION.— 

11 (1) IN GENERAL.—Section 513 of the Social 

12 Security Act (42 U.S.C. 713) is amended— 

13 (A) in subsection (a)(1)(A), by striking 

14 ‘‘2017’’ and inserting ‘‘2019’’; and 

15 (B) in subsection (a)(4)— 

16 (i) in subparagraph (A), by striking 

17 ‘‘2017’’ each place it appears and inserting 

18 ‘‘2019’’; and 

19 (ii) in subparagraph (B)— 

20 (I) in the subparagraph heading, 

21 by striking ‘‘3-YEAR GRANTS’’ and in22 serting ‘‘COMPETITIVE PREP

23 GRANTS’’; and 

24 (II) in clause (i), by striking ‘‘so25 licit applications to award 3-year 


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1 grants in each of fiscal years 2012 

2 through 2017’’ and inserting ‘‘con3 tinue through fiscal year 2019 grants 

4 awarded for any of fiscal years 2015 

5 through 2017’’; 

6 (C) in subsection (c)(1), by inserting after 

7 ‘‘youth with HIV/AIDS,’’ the following: ‘‘vic8 tims of human trafficking,’’; and 

9 (D) in subsection (f), by striking ‘‘2017’’ 

10 and inserting ‘‘2019’’. 

11 (2) EFFECTIVE DATE.—The amendments made 

12 by this subsection take effect on October 1, 2017. 

13 TITLE II—OFFSETS 

14 SEC. 21201. PROVIDING FOR QUALIFIED HEALTH PLAN 

15 GRACE PERIOD REQUIREMENTS FOR ISSUER 

16 RECEIPT OF ADVANCE PAYMENTS OF COST17 SHARING REDUCTIONS AND PREMIUM TAX 

18 CREDITS THAT ARE MORE CONSISTENT WITH 

19 STATE LAW GRACE PERIOD REQUIREMENTS. 

20 (a) IN GENERAL.—Section 1412(c) of the Patient 

21 Protection and Affordable Care Act (42 U.S.C. 18082(c)) 

22 is amended— 

23 (1) in paragraph (2)— 

24 (A) in subparagraph (B)(iv)(II), by strik25 ing ‘‘a 3-month grace period’’ and inserting ‘‘a 


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1 grace period specified in subparagraph (C)’’; 

2 and 

3 (B) by adding at the end the following new 

4 subparagraphs: 

5 ‘‘(C) GRACE PERIOD SPECIFIED.—For pur6 poses of subparagraph (B)(iv)(II), the grace pe7 riod specified in this subparagraph is— 

8 ‘‘(i) for plan years beginning before 

9 January 1, 2018, a 3-month grace period; 

10 and 

11 ‘‘(ii) for plan years beginning on or 

12 after January 1, 2018— 

13 ‘‘(I) in the case of an Exchange 

14 operating in a State that has a State 

15 law grace period in place, such State 

16 law grace period; and 

17 ‘‘(II) in the case of an Exchange 

18 operating in a State that does not 

19 have a State law grace period in 

20 place, a 1-month grace period. 

21 ‘‘(D) STATE LAW GRACE PERIOD.—For 

22 purposes of subparagraph (C), the term ‘State 

23 law grace period’ means, with respect to a 

24 State, a grace period for nonpayment of pre25 miums before discontinuing coverage that is apVerDate Sep 11 2014 00:00 Dec 14, 2017 Jkt 079200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 E:\BILLS\HJ124.IH HJ124

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1 plicable under the State law to health insurance 

2 coverage offered in the individual market of the 

3 State.’’; and 

4 (2) in paragraph (3), by adding at the end the 

5 following new sentence: ‘‘The requirements of para6 graph (2)(B)(iv) apply to an issuer of a qualified 

7 health plan receiving an advanced payment under 

8 this paragraph in the same manner and to the same 

9 extent that such requirements apply to an issuer of 

10 a qualified health plan receiving an advanced pay11 ment under paragraph (2)(A).’’. 

12 (b) REPORT ON ALIGNING GRACE PERIODS FOR

13 MEDICAID, MEDICARE, AND EXCHANGE PLANS.—Not 

14 later than 2 years after the date of full implementation 

15 of subsection (a), the Comptroller General of the United 

16 States shall submit to Congress a report on— 

17 (1) the effects on consumers of aligning grace 

18 periods applied under the Medicaid program under 

19 title XIX of the Social Security Act, under the Medi20 care program under parts C and D of title XVIII of 

21 such Act, and under qualified health plans offered 

22 on an Exchange established under title I of the Pa23 tient Protection and Affordable Care Act, including 

24 the extent to which such an alignment of grace peri25 ods may help to avoid enrollment status confusion 


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1 for individuals under such Medicaid program, Medi2 care program, and qualified health plans; and 

3 (2) the extent to which such an alignment of 

4 grace periods may reduce fraud, waste, and abuse 

5 under the Medicaid program. 

6 SEC. 21202. PREVENTION AND PUBLIC HEALTH FUND. 

7 Section 4002(b) of the Patient Protection and Af8 fordable Care Act (42 U.S.C. 300u–11(b)) is amended by 

9 striking paragraphs (3) through (8) and inserting the fol10 lowing new paragraphs: 

11 ‘‘(3) for fiscal year 2018, $900,000,000; 

12 ‘‘(4) for fiscal year 2019, $500,000,000; 

13 ‘‘(5) for fiscal year 2020, $500,000,000; 

14 ‘‘(6) for fiscal year 2021, $500,000,000; 

15 ‘‘(7) for fiscal year 2022, $500,000,000; 

16 ‘‘(8) for fiscal year 2023, $500,000,000; 

17 ‘‘(9) for fiscal year 2024, $500,000,000; 

18 ‘‘(10) for fiscal year 2025, $750,000,000; 

19 ‘‘(11) for fiscal year 2026, $1,000,000,000; and 

20 ‘‘(12) for fiscal year 2027 and each fiscal year 

21 thereafter, $2,000,000,000.’’. 


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1 SUBDIVISION 2—HEALTHY KIDS 

2 ACT 

3 SEC. 22001. SHORT TITLE. 

4 This subdivision may be cited as the ‘‘Helping Ensure 

5 Access for Little Ones, Toddlers, and Hopeful Youth by 

6 Keeping Insurance Delivery Stable Act of 2017’’ or the 

7 ‘‘HEALTHY KIDS Act’’. 

8 TITLE I—CHIP EXTENSION AND 

9 OTHER MEDICAID AND CHIP 

10 PROVISIONS 

11 SEC. 22101. FIVE-YEAR FUNDING EXTENSION OF THE CHIL12 DREN’S HEALTH INSURANCE PROGRAM. 

13 (a) APPROPRIATION; TOTAL ALLOTMENT.—Section 

14 2104(a) of the Social Security Act (42 U.S.C. 1397dd(a)) 

15 is amended— 

16 (1) in paragraph (19), by striking ‘‘and’’; 

17 (2) in paragraph (20), by striking the period at 

18 the end and inserting a semicolon; and 

19 (3) by adding at the end the following new 

20 paragraphs: 

21 ‘‘(21) for fiscal year 2018, $21,500,000,000; 

22 ‘‘(22) for fiscal year 2019, $22,600,000,000; 

23 ‘‘(23) for fiscal year 2020, $23,700,000,000; 

24 ‘‘(24) for fiscal year 2021, $24,800,000,000; 

25 and 


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1 ‘‘(25) for fiscal year 2022, for purposes of mak2 ing two semi-annual allotments— 

3 ‘‘(A) $2,850,000,000 for the period begin4 ning on October 1, 2021, and ending on March 

5 31, 2022; and 

6 ‘‘(B) $2,850,000,000 for the period begin7 ning on April 1, 2022, and ending on Sep8 tember 30, 2022.’’. 

9 (b) ALLOTMENTS.— 

10 (1) IN GENERAL.—Section 2104(m) of the So11 cial Security Act (42 U.S.C. 1397dd(m)) is amend12 ed— 

13 (A) in paragraph (2)— 

14 (i) in the heading, by striking 

15 ‘‘THROUGH 2016’’ and inserting 

16 ‘‘THROUGH 2022’’; and 

17 (ii) in subparagraph (B)— 

18 (I) in the matter preceding clause 

19 (i), by striking ‘‘(19)’’ and inserting 

20 ‘‘(24)’’; 

21 (II) in clause (ii), in the matter 

22 preceding subclause (I), by inserting 

23 ‘‘(other than fiscal year 2022)’’ after 

24 ‘‘even-numbered fiscal year’’; and 


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1 (III) in clause (ii)(I), by inserting 

2 ‘‘(or, in the case of fiscal year 2018, 

3 under paragraph (4))’’ after ‘‘clause 

4 (i)’’; 

5 (B) in paragraph (5)— 

6 (i) by striking ‘‘or (4)’’ and inserting 

7 ‘‘(4), or (10)’’; and 

8 (ii) by striking ‘‘or 2017’’ and insert9 ing ‘‘, 2017, or 2022’’; 

10 (C) in paragraph (7)— 

11 (i) in subparagraph (A), by striking 

12 ‘‘2017’’ and inserting ‘‘2022’’; 

13 (ii) in subparagraph (B), in the mat14 ter preceding clause (i), by inserting ‘‘(or, 

15 in the case of fiscal year 2018, by not later 

16 than the date that is 60 days after the 

17 date of the enactment of the HEALTHY 

18 KIDS Act)’’ after ‘‘before the August 31 

19 preceding the beginning of the fiscal year’’; 

20 and 

21 (iii) in the matter following subpara22 graph (B), by striking ‘‘or fiscal year 

23 2016’’ and inserting ‘‘fiscal year 2016, fis24 cal year 2018, fiscal year 2020, or fiscal 

25 year 2022’’; 


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1 (D) in paragraph (9)— 

2 (i) in the heading, by striking ‘‘FISCAL

3 YEARS 2015 AND 2017’’ and inserting 

4 ‘‘CERTAIN FISCAL YEARS’’; 

5 (ii) by striking ‘‘or (4)’’ and inserting 

6 ‘‘, (4), or (10)’’; and 

7 (iii) by striking ‘‘or fiscal year 2017’’ 

8 and inserting ‘‘, 2017, or 2022’’; and 

9 (E) by adding at the end the following new 

10 paragraph: 

11 ‘‘(10) FOR FISCAL YEAR 2022.— 

12 ‘‘(A) FIRST HALF.—Subject to paragraphs 

13 (5) and (7), from the amount made available 

14 under subparagraph (A) of paragraph (25) of 

15 subsection (a) for the semi-annual period de16 scribed in such subparagraph, increased by the 

17 amount of the appropriation for such period 

18 under section 22101(b)(3) of the HEALTHY 

19 KIDS Act, the Secretary shall compute a State 

20 allotment for each State (including the District 

21 of Columbia and each commonwealth and terri22 tory) for such semi-annual period in an amount 

23 equal to the first half ratio (described in sub24 paragraph (D)) of the amount described in sub25 paragraph (C). 


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1 ‘‘(B) SECOND HALF.—Subject to para2 graphs (5) and (7), from the amount made 

3 available under subparagraph (B) of paragraph 

4 (25) of subsection (a) for the semi-annual pe5 riod described in such subparagraph, the Sec6 retary shall compute a State allotment for each 

7 State (including the District of Columbia and 

8 each commonwealth and territory) for such 

9 semi-annual period in an amount equal to the 

10 amount made available under such subpara11 graph, multiplied by the ratio of— 

12 ‘‘(i) the amount of the allotment to 

13 such State under subparagraph (A); to 

14 ‘‘(ii) the total of the amount of all of 

15 the allotments made available under such 

16 subparagraph. 

17 ‘‘(C) FULL YEAR AMOUNT BASED ON

18 GROWTH FACTOR UPDATED AMOUNT.—The 

19 amount described in this subparagraph for a 

20 State is equal to the sum of— 

21 ‘‘(i) the amount of the State allotment 

22 for fiscal year 2021 determined under 

23 paragraph (2)(B)(i); and 


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1 ‘‘(ii) the amount of any payments 

2 made to the State under subsection (n) for 

3 fiscal year 2021, 

4 multiplied by the allotment increase factor 

5 under paragraph (6) for fiscal year 2022. 

6 ‘‘(D) FIRST HALF RATIO.—The first half 

7 ratio described in this subparagraph is the ratio 

8 of— 

9 ‘‘(i) the sum of— 

10 ‘‘(I) the amount made available 

11 under subsection (a)(25)(A); and 

12 ‘‘(II) the amount of the appro13 priation for such period under section 

14 22101(b)(3) of the HEALTHY KIDS 

15 Act; to 

16 ‘‘(ii) the sum of— 

17 ‘‘(I) the amount described in 

18 clause (i); and 

19 ‘‘(II) the amount made available 

20 under subsection (a)(25)(B).’’. 

21 (2) TECHNICAL AMENDMENTS.—Section 2104 

22 of such Act (42 U.S.C. 1397dd) is amended— 

23 (A) in subsection (f)(2)(B)(ii), as amended 

24 by section 201 of Public Law 115-90— 

25 (i) in subclause (II)— 


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1 (I) by inserting ‘‘, as in effect be2 fore the date of enactment of the 

3 HEALTHY KIDS Act,’’ after ‘‘sec4 tion 2105(g)(4)(A)’’; and 

5 (II) by striking ‘‘such date of en6 actment’’ each place it appears and 

7 inserting ‘‘the date of enactment of 

8 Public Law 115–90’’ each such place; 

9 and 

10 (ii) in subclause (III), by inserting ‘‘, 

11 as in effect before the date of enactment of 

12 the HEALTHY KIDS Act’’ after ‘‘under 

13 section 2105(g)(4)’’; and 

14 (B) in subsection (m)(2)(A), by striking 

15 ‘‘the allotment increase factor under paragraph 

16 (5)’’ each place it appears and inserting ‘‘the 

17 allotment increase factor under paragraph (6)’’. 

18 (3) ONE-TIME APPROPRIATION FOR FISCAL

19 YEAR 2022.—There is appropriated to the Secretary 

20 of Health and Human Services, out of any money in 

21 the Treasury not otherwise appropriated, 

22 $20,200,000,000 to accompany the allotment made 

23 for the period beginning on October 1, 2021, and 

24 ending on March 31, 2022, under paragraph 

25 (25)(A) of section 2104(a) of the Social Security Act 


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1 (42 U.S.C. 1397dd(a)) (as added by subsection 

2 (a)(3)), to remain available until expended. Such 

3 amount shall be used to provide allotments to States 

4 under paragraph (10) of section 2104(m) of such 

5 Act (as added by subsection (b)(1)(E)) for the first 

6 6 months of fiscal year 2022 in the same manner as 

7 allotments are provided under subsection (a)(25)(A) 

8 of such section 2104 and subject to the same terms 

9 and conditions as apply to the allotments provided 

10 from such subsection (a)(25)(A). 

11 (c) EXTENSION OF THE CHILD ENROLLMENT CON12 TINGENCY FUND.—Section 2104(n) of the Social Security 

13 Act (42 U.S.C. 1397dd(n)) is amended— 

14 (1) in paragraph (2)— 

15 (A) in subparagraph (A)(ii)— 

16 (i) by striking ‘‘2010, 2011, 2012, 

17 2013, 2014, and 2016’’ and inserting 

18 ‘‘2010 through 2014, 2016, and 2018 

19 through 2021’’; and 

20 (ii) by striking ‘‘fiscal year 2015 and 

21 fiscal year 2017’’ and inserting ‘‘fiscal 

22 years 2015, 2017, and 2022’’; and 

23 (B) in subparagraph (B)— 

24 (i) by striking ‘‘2010, 2011, 2012, 

25 2013, 2014, and 2016’’ and inserting 


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1 ‘‘2010 through 2014, 2016, and 2018 

2 through 2021’’; and 

3 (ii) by striking ‘‘fiscal year 2015 and 

4 fiscal year 2017’’ and inserting ‘‘fiscal 

5 years 2015, 2017, and 2022’’; and 

6 (2) in paragraph (3)(A), in the matter pre7 ceding clause (i), by striking ‘‘or a semi-annual allot8 ment period for fiscal year 2015 or 2017’’ and in9 serting ‘‘or in any of fiscal years 2018 through 2021 

10 (or a semi-annual allotment period for fiscal year 

11 2015, 2017, or 2022)’’. 

12 (d) EXTENSION OF QUALIFYING STATES OPTION.— 

13 Section 2105(g)(4) of the Social Security Act (42 U.S.C. 

14 1397ee(g)(4)) is amended— 

15 (1) in the heading, by striking ‘‘THROUGH

16 2017’’ and inserting ‘‘THROUGH 2022’’; and 

17 (2) in subparagraph (A), by striking ‘‘2017’’ 

18 and inserting ‘‘2022’’. 

19 (e) EXTENSION OF EXPRESS LANE ELIGIBILITY OP20 TION.—Section 1902(e)(13)(I) of the Social Security Act 

21 (42 U.S.C. 1396a(e)(13)(I)) is amended by striking 

22 ‘‘2017’’ and inserting ‘‘2022’’. 

23 (f) ASSURANCE OF AFFORDABILITY STANDARD FOR

24 CHILDREN AND FAMILIES.— 


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1 (1) IN GENERAL.—Section 2105(d)(3) of the 

2 Social Security Act (42 U.S.C. 1397ee(d)(3)) is 

3 amended— 

4 (A) in the paragraph heading, by striking 

5 ‘‘UNTIL OCTOBER 1, 2019’’ and inserting 

6 ‘‘THROUGH SEPTEMBER 30, 2022’’; and 

7 (B) in subparagraph (A), in the matter 

8 preceding clause (i)— 

9 (i) by striking ‘‘2019’’ and inserting 

10 ‘‘2022’’; and 

11 (ii) by striking ‘‘The preceding sen12 tence shall not be construed as preventing 

13 a State during such period’’ and inserting 

14 ‘‘During the period that begins on October 

15 1, 2019, and ends on September 30, 2022, 

16 the preceding sentence shall only apply 

17 with respect to children in families whose 

18 income does not exceed 300 percent of the 

19 poverty line (as defined in section 

20 2110(c)(5)) applicable to a family of the 

21 size involved. The preceding sentences shall 

22 not be construed as preventing a State 

23 during any such periods’’. 


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1 (2) CONFORMING AMENDMENTS.—Section 

2 1902(gg)(2) of the Social Security Act (42 U.S.C. 

3 1396a(gg)(2)) is amended— 

4 (A) in the paragraph heading, by striking 

5 ‘‘UNTIL OCTOBER 1, 2019’’ and inserting 

6 ‘‘THROUGH SEPTEMBER 30, 2022’’; and 

7 (B) by striking ‘‘September 30, 2019,’’ 

8 and inserting ‘‘September 30, 2022 (but during 

9 the period that begins on October 1, 2019, and 

10 ends on September 30, 2022, only with respect 

11 to children in families whose income does not 

12 exceed 300 percent of the poverty line (as de13 fined in section 2110(c)(5)) applicable to a fam14 ily of the size involved)’’. 

15 (g) CHIP LOOK-ALIKE PLANS.— 

16 (1) BLENDING RISK POOLS.—Section 2107 of 

17 the Social Security Act (42 U.S.C. 1397gg) is 

18 amended by adding at the end the following: 

19 ‘‘(g) USE OF BLENDED RISK POOLS.— 

20 ‘‘(1) IN GENERAL.—Nothing in this title (or 

21 any other provision of Federal law) shall be con22 strued as preventing a State from considering chil23 dren enrolled in a qualified CHIP look-alike pro24 gram and children enrolled in a State child health 


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1 plan under this title (or a waiver of such plan) as 

2 members of a single risk pool. 

3 ‘‘(2) QUALIFIED CHIP LOOK-ALIKE PROGRAM.— 

4 In this subsection, the term ‘qualified CHIP look5 alike program’ means a State program— 

6 ‘‘(A) under which children who are under 

7 the age of 19 and are not eligible to receive 

8 medical assistance under title XIX or child 

9 health assistance under this title may purchase 

10 coverage through the State that provides bene11 fits that are at least identical to the benefits 

12 provided under the State child health plan 

13 under this title (or a waiver of such plan); and 

14 ‘‘(B) that is funded exclusively through 

15 non-Federal funds, including funds received by 

16 the State in the form of premiums for the pur17 chase of such coverage.’’. 

18 (2) COVERAGE RULE.— 

19 (A) IN GENERAL.—Section 5000A(f)(1) of 

20 the Internal Revenue Code of 1986 is amended 

21 in subparagraph (A)(iii), by inserting ‘‘or under 

22 a qualified CHIP look-alike program (as de23 fined in section 2107(g) of the Social Security 

24 Act)’’ before the comma at the end. 


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1 (B) EFFECTIVE DATE.—The amendment 

2 made by subparagraph (A) shall apply with re3 spect to taxable years beginning after December 

4 31, 2017. 

5 SEC. 22102. EXTENSION OF CERTAIN PROGRAMS AND DEM6 ONSTRATION PROJECTS. 

7 (a) CHILDHOOD OBESITY DEMONSTRATION

8 PROJECT.—Section 1139A(e)(8) of the Social Security 

9 Act (42 U.S.C. 1320b–9a(e)(8)) is amended— 

10 (1) by striking ‘‘and $10,000,000’’ and insert11 ing ‘‘, $10,000,000’’; and 

12 (2) by inserting after ‘‘2017’’ the following: ‘‘, 

13 and $25,000,000 for the period of fiscal years 2018 

14 through 2022’’. 

15 (b) PEDIATRIC QUALITY MEASURES PROGRAM.— 

16 Section 1139A(i) of the Social Security Act (42 U.S.C. 

17 1320b–9a(i)) is amended— 

18 (1) by striking ‘‘Out of any’’ and inserting the 

19 following: 

20 ‘‘(1) IN GENERAL.—Out of any’’; 

21 (2) by striking ‘‘there is appropriated for each’’ 

22 and inserting ‘‘there is appropriated— 

23 ‘‘(A) for each’’; 

24 (3) by striking ‘‘, and there is appropriated for 

25 the period’’ and inserting ‘‘; 


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1 ‘‘(B) for the period’’; 

2 (4) by striking ‘‘. Funds appropriated under 

3 this subsection shall remain available until ex4 pended.’’ and inserting ‘‘; and’’; and 

5 (5) by adding at the end the following: 

6 ‘‘(C) for the period of fiscal years 2018 

7 through 2022, $75,000,000 for the purpose of 

8 carrying out this section (other than sub9 sections (e), (f), and (g)). 

10 ‘‘(2) AVAILABILITY.—Funds appropriated 

11 under this subsection shall remain available until ex12 pended.’’. 

13 SEC. 22103. EXTENSION OF OUTREACH AND ENROLLMENT 

14 PROGRAM. 

15 (a) IN GENERAL.—Section 2113 of the Social Secu16 rity Act (42 U.S.C. 1397mm) is amended— 

17 (1) in subsection (a)(1), by striking ‘‘2017’’ and 

18 inserting ‘‘2022’’; and 

19 (2) in subsection (g)— 

20 (A) by striking ‘‘and $40,000,000’’ and in21 serting ‘‘, $40,000,000’’; and 

22 (B) by inserting after ‘‘2017’’ the fol23 lowing: ‘‘, and $100,000,000 for the period of 

24 fiscal years 2018 through 2022’’. 


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1 (b) MAKING ORGANIZATIONS THAT USE PARENT

2 MENTORS ELIGIBLE TO RECEIVE GRANTS.—Section 

3 2113(f) of the Social Security Act (42 U.S.C. 1397mm(f)) 

4 is amended— 

5 (1) in paragraph (1)(E), by striking ‘‘or com6 munity-based doula programs’’ and inserting ‘‘, com7 munity-based doula programs, or parent mentors’’; 

8 and 

9 (2) by adding at the end the following new 

10 paragraph: 

11 ‘‘(5) PARENT MENTOR.—The term ‘parent 

12 mentor’ means an individual who— 

13 ‘‘(A) is a parent or guardian of at least 

14 one child who is an eligible child under this title 

15 or title XIX; and 

16 ‘‘(B) is trained to assist families with chil17 dren who have no health insurance coverage 

18 with respect to improving the social deter19 minants of the health of such children, includ20 ing by providing— 

21 ‘‘(i) education about health insurance 

22 coverage, including, with respect to obtain23 ing such coverage, eligibility criteria and 

24 application and renewal processes; 


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1 ‘‘(ii) assistance with completing and 

2 submitting applications for health insur3 ance coverage; 

4 ‘‘(iii) a liaison between families and 

5 representatives of State plans under title 

6 XIX or State child health plans under this 

7 title; 

8 ‘‘(iv) guidance on identifying medical 

9 and dental homes and community phar10 macies for children; and 

11 ‘‘(v) assistance and referrals to suc12 cessfully address social determinants of 

13 children’s health, including poverty, food 

14 insufficiency, and housing.’’. 

15 (c) EXCLUSION FROM MODIFIED ADJUSTED GROSS

16 INCOME.—Section 1902(e) of the Social Security Act (42 

17 U.S.C. 1396a(e)) is amended— 

18 (1) in the first paragraph (14), relating to in19 come determined using modified adjusted gross in20 come, by adding at the end the following new sub21 paragraph: 

22 ‘‘(J) EXCLUSION OF PARENT MENTOR

23 COMPENSATION FROM INCOME DETERMINA24 TION.—Any nominal amount received by an in25 dividual as compensation, including a stipend, 


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1 for participation as a parent mentor (as defined 

2 in paragraph (5) of section 2113(f)) in an activ3 ity or program funded through a grant under 

4 such section shall be disregarded for purposes 

5 of determining the income eligibility of such in6 dividual for medical assistance under the State 

7 plan or any waiver of such plan.’’; and 

8 (2) by striking ‘‘(14) EXCLUSION’’ and insert9 ing ‘‘(15) EXCLUSION’’. 

10 SEC. 22104. EXTENSION AND REDUCTION OF ADDITIONAL 

11 FEDERAL FINANCIAL PARTICIPATION FOR 

12 CHIP. 

13 Section 2105(b) of the Social Security Act (42 U.S.C. 

14 1397ee(b)) is amended in the second sentence by inserting 

15 ‘‘and during the period that begins on October 1, 2019, 

16 and ends on September 30, 2020, the enhanced FMAP 

17 determined for a State for a fiscal year (or for any portion 

18 of a fiscal year occurring during such period) shall be in19 creased by 11.5 percentage points’’ after ‘‘23 percentage 

20 points,’’. 

21 SEC. 22105. MODIFYING REDUCTIONS IN MEDICAID DSH AL22 LOTMENTS. 

23 Section 1923(f)(7)(A) of the Social Security Act (42 

24 U.S.C. 1396r–4(f)(7)(A)) is amended— 


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1 (1) in clause (i), in the matter preceding sub2 clause (I), by striking ‘‘2018’’ and inserting ‘‘2020’’; 

3 and 

4 (2) in clause (ii), by striking subclauses (I) 

5 through (VIII) and inserting the following: 

6 ‘‘(I) $4,000,000,000 for fiscal 

7 year 2020; and 

8 ‘‘(II) $8,000,000,000 for each of 

9 fiscal years 2021 through 2025.’’. 

10 SEC. 22106. PUERTO RICO AND THE VIRGIN ISLANDS MED11 ICAID PAYMENTS. 

12 (a) INCREASED CAP.—Section 1108(g) of the Social 

13 Security Act (42 U.S.C. 1308(g)) is amended— 

14 (1) in paragraph (2)— 

15 (A) in subparagraph (A), by inserting ‘‘(or, 

16 with respect to fiscal years 2018 and 2019, in17 creased by such percentage increase plus one 

18 percentage point)’’ after ‘‘beginning of the fis19 cal year’’; and 

20 (B) in subparagraph (B), by inserting 

21 ‘‘(or, with respect to fiscal years 2018 and 

22 2019, increased by such percentage increase 

23 plus one percentage point)’’ after ‘‘percentage 

24 increase referred to in subparagraph (A)’’; 

25 (2) in paragraph (5)— 


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1 (A) in subparagraph (A), by striking ‘‘sub2 paragraph (B)’’ and inserting ‘‘subparagraphs 

3 (B), (C), (D), (E), and (F)’’; and 

4 (B) by adding at the end the following new 

5 subparagraphs: 

6 ‘‘(C) The amount of the increase otherwise pro7 vided under subparagraph (A) for Puerto Rico shall 

8 be further increased by $880,000,000. 

9 ‘‘(D)(i) For the period beginning October 1, 

10 2017, and ending December 31, 2019, the amount 

11 of the increase otherwise provided under subpara12 graph (A) for Puerto Rico shall be further increased 

13 by $120,000,000 if the Financial Oversight and 

14 Management Board for Puerto Rico established 

15 under section 101 of the Puerto Rico Oversight, 

16 Management, and Economic Stability Act (48 

17 U.S.C. 2121) certifies by a majority vote that Puer18 to Rico has taken reasonable and appropriate steps 

19 during such period to— 

20 ‘‘(I) reduce fraud, waste, and abuse under 

21 the program under title XIX; 

22 ‘‘(II) implement strategies to reduce un23 necessary, inefficient, or excessive spending 

24 under title XIX; 


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1 ‘‘(III) improve the use and availability of 

2 Medicaid data for program operation and over3 sight; and 

4 ‘‘(IV) improve the quality of care and pa5 tient experience for individuals enrolled under 

6 the program under title XIX. 

7 ‘‘(ii) As a condition of any additional increase 

8 pursuant to clause (i), not later than October 1, 

9 2018, Puerto Rico shall submit to the Financial 

10 Oversight and Management Board for Puerto Rico 

11 a report regarding steps taken to achieve each of the 

12 goals described in subclauses (I) through (IV) of 

13 clause (i). 

14 ‘‘(E) Payments under section 1903(a)(8) for a 

15 quarter of a fiscal year shall not be taken into ac16 count in applying subsection (f) (as increased in ac17 cordance with this paragraph and paragraphs (1), 

18 (2), (3), and (4)) to Puerto Rico or the Virgin Is19 lands for such fiscal year. 

20 ‘‘(F)(i) For the period beginning October 1, 

21 2017, and ending December 31, 2019, the amount 

22 of the increase otherwise provided under subpara23 graph (A) for the Virgin Islands shall be further in24 creased by an amount equal to the per capita equiv25 alent of the total amount of the increase provided 


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1 for Puerto Rico under subparagraphs (C) and (D) 

2 for such period. 

3 ‘‘(ii) For purposes of clause (i), the term ‘per 

4 capita equivalent’ means the ratio of— 

5 ‘‘(I) the population of the Virgin Islands, 

6 as determined by the most recent census esti7 mate released by the Bureau of the Census be8 fore September 4, 2017; to 

9 ‘‘(II) the population of Puerto Rico, as so 

10 determined.’’. 

11 (b) FEDERAL MATCH FOR MEDICAL PERSONNEL

12 AND FRAUD REDUCTION.—Section 1903(a) of the Social 

13 Security Act (42 U.S.C. 1396b(a)) is amended— 

14 (1) in paragraph (2)(A), by inserting ‘‘subject 

15 to paragraph (8),’’ before ‘‘an amount’’; 

16 (2) in paragraph (6)— 

17 (A) in subparagraph (B), by inserting 

18 ‘‘subject to paragraph (8),’’ before ‘‘75 per cen19 tum’’; and 

20 (B) by striking at the end ‘‘plus’’; 

21 (3) in paragraph (7), by striking at the end the 

22 period and inserting ‘‘; plus’’ ; and 

23 (4) by adding at the end the following new 

24 paragraph: 


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1 ‘‘(8) for quarters during the period beginning 

2 January 1, 2018, and ending December 31, 2019, 

3 paragraphs (2)(A) and (6) shall apply with respect 

4 to Puerto Rico and the Virgin Islands as if— 

5 ‘‘(A) the reference to ‘75 per centum’ in 

6 paragraph (2)(A) were a reference to ‘90 per 

7 centum’; and 

8 ‘‘(B) the reference to ‘75 per centum’ in 

9 paragraph (6)(B) were a reference to ‘90 per 

10 centum’.’’. 

11 TITLE II—OFFSETS 

12 SEC. 22201. MEDICAID THIRD PARTY LIABILITY PROVI13 SIONS. 

14 (a) MEDICAID THIRD PARTY LIABILITY.— 

15 (1) DELAY OF BIPARTISAN BUDGET ACT OF

16 2013 THIRD PARTY LIABILITY PROVISIONS.— 

17 (A) IN GENERAL.—Section 202(c) of the 

18 Bipartisan Budget Act of 2013 (Public Law 

19 113–67; 127 Stat. 1177; 42 U.S.C. 1396a 

20 note), as amended by section 211 of the Pro21 tecting Access to Medicare Act of 2014 (Public 

22 Law 113–93; 128 Stat. 1047; 42 U.S.C. 1396a 

23 note) and section 220 of the Medicare Access 

24 and CHIP Reauthorization Act of 2015 (Public 


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1 Law 114–10), is amended by striking ‘‘2017’’ 

2 and inserting ‘‘2019’’. 

3 (B) EFFECTIVE DATE; TREATMENT.—The 

4 amendment made by subparagraph (A) shall 

5 take effect on September 30, 2017, and shall 

6 apply with respect to any open claims, including 

7 claims generated or filed, after such date. 

8 (2) CLARIFICATION OF DEFINITIONS APPLICA9 BLE TO THIRD PARTY LIABILITY.— 

10 (A) IN GENERAL.—Section 1902 of the So11 cial Security Act (42 U.S.C. 1396a) is amended 

12 by adding at the end the following new sub13 section: 

14 ‘‘(nn) RESPONSIBLE THIRD PARTY AND HEALTH IN15 SURER DEFINITIONS.—For purposes of subsection (a)(25) 

16 and section 1903(d)(2)(B): 

17 ‘‘(1) RESPONSIBLE THIRD PARTY.—The term 

18 ‘responsible third party’ means a health insurer, a 

19 pharmacy benefit manager to the extent the phar20 macy benefit manager provides information under 

21 this title for the purpose of coordinating benefits, an 

22 accountable care organization under section 1899, or 

23 any other party that is, by statute, contract, or 

24 agreement, legally responsible for payment of a 

25 claim for a health care item or service. Such term 


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1 does not include a party if payment by such party 

2 has been made or can reasonably be expected to be 

3 made under a workmen’s compensation law or plan 

4 of the United States or a State, or under an auto5 mobile or liability insurance policy or plan (including 

6 a self-insured plan), or under no fault insurance. 

7 ‘‘(2) HEALTH INSURER.—The term ‘health in8 surer’ means a group health plan, as defined in sec9 tion 607(1) of the Employee Retirement Income Se10 curity Act of 1974, a self-insured plan, a fully-in11 sured plan, a service benefit plan, a medicaid man12 aged care plan under section 1903(m) or 1932, and 

13 any other health plan determined appropriate by the 

14 Secretary.’’. 

15 (B) CONFORMING AMENDMENTS.—Section 

16 1902(a)(25) of the Social Security Act (42 

17 U.S.C. 1396a(a)(25)) is amended— 

18 (i) in subparagraph (A), in the matter 

19 preceding clause (i), by striking ‘‘third par20 ties’’ and all that follows through ‘‘item or 

21 service)’’ and inserting ‘‘responsible third 

22 parties’’; 

23 (ii) in subparagraph (G), by striking 

24 ‘‘health insurer’’ and all that follows 


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1 through ‘‘item or service)’’ and inserting 

2 ‘‘responsible third party’’; 

3 (iii) in subparagraph (I), in the mat4 ter preceding clause (i), by striking ‘‘health 

5 insurers’’ and all that follows through 

6 ‘‘item or service’’ and inserting ‘‘respon7 sible third parties’’; and 

8 (iv) by inserting ‘‘responsible’’ before 

9 ‘‘third’’ each place it appears in subpara10 graphs (A)(i), (A)(ii), (C), (D), and (H). 

11 (3) REMOVAL OF SPECIAL TREATMENT OF CER12 TAIN TYPES OF CARE AND PAYMENTS UNDER MED13 ICAID THIRD PARTY LIABILITY RULES.—Section 

14 1902(a)(25) of the Social Security Act (42 U.S.C. 

15 1396a(a)(25)), as amended by section 202(c) of the 

16 Bipartisan Budget Act of 2013 (after application of 

17 paragraph (1)), is amended— 

18 (A) in subparagraph (E)— 

19 (i) in the matter preceding clause (i), 

20 by striking ‘‘prenatal or preventive’’ and 

21 all that follows through ‘‘State plan’’ and 

22 inserting ‘‘items and services provided 

23 under the program required under the 

24 State plan pursuant to paragraph (62)’’; 

25 and 


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1 (ii) in clause (i)— 

2 (I) by striking ‘‘such service’’ 

3 and inserting ‘‘such items and serv4 ices’’; and 

5 (II) by striking each place it ap6 pears ‘‘such services’’ and inserting 

7 ‘‘such items and services’’ each such 

8 place; and 

9 (B) by striking subparagraph (F). 

10 (4) CLARIFICATION OF ROLE OF HEALTH IN11 SURERS WITH RESPECT TO THIRD PARTY LIABIL12 ITY.— 

13 (A) IN GENERAL.—Section 1902(a)(25) of 

14 the Social Security Act (42 U.S.C. 

15 1396a(a)(25)), as amended by paragraph (3), is 

16 further amended by inserting after subpara17 graph (E) the following new subparagraph: 

18 ‘‘(F) that— 

19 ‘‘(i) in the case of a State that pro20 vides medical assistance under this title 

21 through a contract with a health insurer, 

22 such contract shall specify any responsi23 bility of such health insurer (or other enti24 ty) with respect to recovery of payment 

25 from responsible third parties pursuant to 


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1 the delegation or transfer by the State to 

2 such insurer (or other entity) of a right de3 scribed in subparagraph (I)(ii); and 

4 ‘‘(ii) in the case of a State that under 

5 a contract described in clause (i) delegates 

6 or transfers to a health insurer (or other 

7 entity) a right described in such clause, the 

8 State shall provide assurances to the Sec9 retary that the State laws referred to in 

10 subparagraph (I), with respect to each re11 sponsibility of such health insurer (or other 

12 entity) specified under such clause, confer 

13 to such health insurer (or other entity) the 

14 authority of the State with respect to the 

15 requirements specified in clauses (i) 

16 through (iv) of such subparagraph (I);’’. 

17 (B) TREATMENT OF COLLECTED

18 AMOUNTS.—Section 1903(d)(2)(B) of the Social 

19 Security Act (42 U.S.C. 1396b(d)(2)(B)) is 

20 amended by adding at the end the following: 

21 ‘‘For purposes of this subparagraph, reimburse22 ments made by a responsible third party to 

23 health insurers (as defined in section 1902(nn)) 

24 pursuant to section 1902(a)(25)(F)(ii) shall be 


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1 treated in the same manner as reimbursements 

2 made to a State under the previous sentence.’’. 

3 (5) INCREASING STATE FLEXIBILITY WITH RE4 SPECT TO THIRD PARTY LIABILITY.—Section 

5 1902(a)(25)(I) of the Social Security Act (42 U.S.C. 

6 1396a(a)(25)(I)) is amended— 

7 (A) in clause (i), by striking ‘‘medical as8 sistance under the State plan’’ and inserting 

9 ‘‘medical assistance under a State plan (or 

10 under a waiver of the plan)’’; 

11 (B) by striking clause (ii) and inserting the 

12 following new clause: 

13 ‘‘(ii) accept— 

14 ‘‘(I) any State’s right of recovery 

15 and the assignment to any State of 

16 any right of an individual or other en17 tity to payment from the party for an 

18 item or service for which payment has 

19 been made under the respective 

20 State’s plan (or under a waiver of the 

21 plan); and 

22 ‘‘(II) as a valid authorization of 

23 the responsible third party for the fur24 nishing of an item or service to an in25 dividual eligible to receive medical asVerDate Sep 11 2014 00:00 Dec 14, 2017 Jkt 079200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6201 E:\BILLS\HJ124.IH HJ124

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1 sistance under this title, an authoriza2 tion made on behalf of such individual 

3 under the State plan (or under a 

4 waiver of such plan) for the fur5 nishing of such item or service to such 

6 individual;’’; 

7 (C) in clause (iii)— 

8 (i) by striking ‘‘respond to’’ and in9 serting ‘‘not later than 60 days after re10 ceiving’’; and 

11 (ii) by striking ‘‘; and’’ at the end and 

12 inserting ‘‘, respond to such inquiry; and’’; 

13 and 

14 (D) in clause (iv), by inserting ‘‘a failure 

15 to obtain a prior authorization,’’ after ‘‘claim 

16 form,’’. 

17 (6) STATE INCENTIVE TO PURSUE THIRD

18 PARTY LIABILITY FOR NEWLY ELIGIBLES.—Section 

19 1903(d)(2)(B) of the Social Security Act (42 U.S.C. 

20 1396b(d)(2)(B)), as amended by paragraph (4)(B), 

21 is further amended by adding at the end the fol22 lowing: ‘‘In the case of expenditures for medical as23 sistance provided during 2017 and subsequent years 

24 for individuals described in subclause (VIII) of sec25 tion 1902(a)(10)(A)(i), in determining the amount, 


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1 if any, of overpayment under this subparagraph with 

2 respect to such medical assistance, the Secretary 

3 shall apply the Federal medical assistance percent4 age for the State under section 1905(b), notwith5 standing the application of section 1905(y).’’. 

6 (b) COMPLIANCE WITH THIRD PARTY INSURANCE

7 REPORTING.—Section 1905 of the Social Security Act (42 

8 U.S.C. 1396d) is amended by adding at the end the fol9 lowing new subsection: 

10 ‘‘(ee) Notwithstanding subsection (b), for any year 

11 beginning after 2019, if a State fails to comply with the 

12 requirements of section 1902(a)(25) with respect to each 

13 calendar quarter in such year, the Secretary may reduce 

14 the Federal medical assistance percentage by 0.1 percent15 age point for calendar quarters in each subsequent year 

16 in which the State fails to so comply.’’. 

17 (c) APPLICATION TO CHIP.— 

18 (1) IN GENERAL.—Section 2107(e)(1) of the 

19 Social Security Act (42 U.S.C. 1397gg(e)(1)) is 

20 amended— 

21 (A) by redesignating subparagraphs (B) 

22 through (R) as subparagraphs (C) through (S), 

23 respectively; and 

24 (B) by inserting after subparagraph (A) 

25 the following new subparagraph: 


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1 ‘‘(B) Section 1902(a)(25) (relating to third 

2 party liability).’’. 

3 (2) MANDATORY REPORTING.—Section 

4 1902(a)(25)(I)(i) of the Social Security Act (42 

5 U.S.C. 1396a(a)(25)(I)(i)), as amended by sub6 section (a)(5), is further amended— 

7 (A) by striking ‘‘(and, at State option, 

8 child’’ and inserting ‘‘and child’’; and 

9 (B) by striking ‘‘title XXI)’’ and inserting 

10 ‘‘title XXI’’. 

11 (d) TRAINING ON THIRD PARTY LIABILITY.—Section 

12 1936 of the Social Security Act (42 U.S.C. 1396u–6) is 

13 amended— 

14 (1) in subsection (b)(4), by striking ‘‘and qual15 ity of care’’ and inserting ‘‘, quality of care, and the 

16 liability of responsible third parties (as defined in 

17 section 1902(nn))’’; and 

18 (2) by adding at the end the following new sub19 section: 

20 ‘‘(f) THIRD PARTY LIABILITY TRAINING.—With re21 spect to education or training activities carried out pursu22 ant to subsection (b)(4) with respect to the liability of re23 sponsible third parties (as defined in section 1902(nn) for 

24 payment for items and services furnished under State 


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1 plans (or under waivers of such plans)) under this title, 

2 the Secretary shall— 

3 ‘‘(1) publish (and update on an annual basis) 

4 on the public Internet website of the Centers for 

5 Medicare & Medicaid Services a dedicated Internet 

6 page containing best practices to be used in assess7 ing such liability; 

8 ‘‘(2) monitor efforts to assess such liability and 

9 analyze the challenges posed by that assessment; 

10 ‘‘(3) distribute to State agencies administering 

11 the State plan under this title information related to 

12 such efforts and challenges; and 

13 ‘‘(4) provide guidance to such State agencies 

14 with respect to State oversight of efforts under a 

15 medicaid managed care plan under section 1903(m) 

16 or 1932 to assess such liability.’’. 

17 (e) DEVELOPMENT OF MODEL UNIFORM FIELDS

18 FOR STATES TO REPORT THIRD PARTY INFORMATION.— 

19 Not later than January 1, 2019, the Secretary of Health 

20 and Human Services shall, in consultation with the States, 

21 develop and make available to the States a model uniform 

22 reporting set of reporting fields and accompanying guid23 ance documentation that States shall use for purposes 

24 of— 


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1 (1) reporting information to the Secretary with2 in the Transformed Medicaid Statistical Information 

3 System (T–MSIS) (or a successor system); and 

4 (2) collecting information that identifies respon5 sible third parties (as defined in subsection (nn) of 

6 section 1902 of the Social Security Act (42 U.S.C. 

7 1396a), as added by subsection (a)(2)(A)) and other 

8 relevant information for ascertaining the legal re9 sponsibility of such third parties to pay for care and 

10 services available under the State plan (or under a 

11 waiver of the plan) under title XIX of the Social Se12 curity Act (42 U.S.C. 1396 et seq.) or under the 

13 State child health plan under title XXI of such Act 

14 (42 U.S.C. 1397 et seq.). 

15 (f) EFFECTIVE DATE.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), this section and the amendments made by 

18 this section (other than as specified in the preceding 

19 provisions of this section) shall take effect on Octo20 ber 1, 2019, and shall apply to medical assistance or 

21 child health assistance provided on or after such 

22 date. 

23 (2) EXCEPTION IF STATE LEGISLATION RE24 QUIRED.—In the case of a State plan for medical as25 sistance under title XIX of the Social Security Act 


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1 (42 U.S.C. 1396 et seq.), or a State child health 

2 plan for child health assistance under title XXI of 

3 such Act (42 U.S.C. 1397aa et seq.), that the Sec4 retary of Health and Human Services determines re5 quires State legislation (other than legislation appro6 priating funds) in order for the plan to meet the ad7 ditional requirement imposed by the amendments 

8 made under this section, such plan shall not be re9 garded as failing to comply with the requirements of 

10 such title solely on the basis of its failure to meet 

11 this additional requirement before the first day of 

12 the first calendar quarter beginning after the close 

13 of the first regular session of the State legislature 

14 that begins after the date of the enactment of this 

15 Act. For purposes of the previous sentence, in the 

16 case of a State that has a 2-year legislative session, 

17 each year of such session shall be deemed to be a 

18 separate regular session of the State legislature. 

19 SEC. 22202. TREATMENT OF LOTTERY WINNINGS AND 

20 OTHER LUMP-SUM INCOME FOR PURPOSES 

21 OF INCOME ELIGIBILITY UNDER MEDICAID. 

22 (a) IN GENERAL.—Section 1902 of the Social Secu23 rity Act (42 U.S.C. 1396a) is amended— 

24 (1) in subsection (a)(17), by striking ‘‘(e)(14), 

25 (e)(14)’’ and inserting ‘‘(e)(14), (e)(15)’’; and 


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1 (2) in subsection (e)(14), as amended by section 

2 303(c), by adding at the end the following new sub3 paragraph: 

4 ‘‘(K) TREATMENT OF CERTAIN LOTTERY

5 WINNINGS AND INCOME RECEIVED AS A LUMP

6 SUM.— 

7 ‘‘(i) IN GENERAL.—In the case of an 

8 individual who is the recipient of qualified 

9 lottery winnings (pursuant to lotteries oc10 curring on or after January 1, 2018) or 

11 qualified lump sum income (received on or 

12 after such date) and whose eligibility for 

13 medical assistance is determined based on 

14 the application of modified adjusted gross 

15 income under subparagraph (A), a State 

16 shall, in determining such eligibility, in17 clude such winnings or income (as applica18 ble) as income received— 

19 ‘‘(I) in the month in which such 

20 winnings or income (as applicable) is 

21 received if the amount of such 

22 winnings or income is less than 

23 $80,000; 

24 ‘‘(II) over a period of 2 months 

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1 come (as applicable) is greater than or 

2 equal to $80,000 but less than 

3 $90,000; 

4 ‘‘(III) over a period of 3 months 

5 if the amount of such winnings or in6 come (as applicable) is greater than or 

7 equal to $90,000 but less than 

8 $100,000; and 

9 ‘‘(IV) over a period of 3 months 

10 plus 1 additional month for each in11 crement of $10,000 of such winnings 

12 or income (as applicable) received, not 

13 to exceed a period of 120 months (for 

14 winnings or income of $1,260,000 or 

15 more), if the amount of such winnings 

16 or income is greater than or equal to 

17 $100,000. 

18 ‘‘(ii) COUNTING IN EQUAL INSTALL19 MENTS.—For purposes of subclauses (II), 

20 (III), and (IV) of clause (i), winnings or 

21 income to which such subclause applies 

22 shall be counted in equal monthly install23 ments over the period of months specified 

24 under such subclause. 


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1 ‘‘(iii) HARDSHIP EXEMPTION.—An in2 dividual whose income, by application of 

3 clause (i), exceeds the applicable eligibility 

4 threshold established by the State, shall 

5 continue to be eligible for medical assist6 ance to the extent that the State deter7 mines, under procedures established by the 

8 State (in accordance with standards speci9 fied by the Secretary), that the denial of 

10 eligibility of the individual would cause an 

11 undue medical or financial hardship as de12 termined on the basis of criteria estab13 lished by the Secretary. 

14 ‘‘(iv) NOTIFICATIONS AND ASSIST15 ANCE REQUIRED IN CASE OF LOSS OF ELI16 GIBILITY.—A State shall, with respect to 

17 an individual who loses eligibility for med18 ical assistance under the State plan (or a 

19 waiver of such plan) by reason of clause 

20 (i)— 

21 ‘‘(I) before the date on which the 

22 individual loses such eligibility, inform 

23 the individual— 

24 ‘‘(aa) of the individual’s op25 portunity to enroll in a qualified 


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1 health plan offered through an 

2 Exchange established under title 

3 I of the Patient Protection and 

4 Affordable Care Act during the 

5 special enrollment period speci6 fied in section 9801(f)(3) of the 

7 Internal Revenue Code of 1986 

8 (relating to loss of Medicaid or 

9 CHIP coverage); and 

10 ‘‘(bb) of the date on which 

11 the individual would no longer be 

12 considered ineligible by reason of 

13 clause (i) to receive medical as14 sistance under the State plan or 

15 under any waiver of such plan 

16 and be eligible to reapply to re17 ceive such medical assistance; 

18 and 

19 ‘‘(II) provide technical assistance 

20 to the individual seeking to enroll in 

21 such a qualified health plan. 

22 ‘‘(v) QUALIFIED LOTTERY WINNINGS

23 DEFINED.—In this subparagraph, the term 

24 ‘qualified lottery winnings’ means winnings 

25 from a sweepstakes, lottery, or pool deVerDate Sep 11 2014 00:00 Dec 14, 2017 Jkt 079200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6201 E:\BILLS\HJ124.IH HJ124

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1 scribed in paragraph (3) of section 4402 of 

2 the Internal Revenue Code of 1986 or a 

3 lottery operated by a multistate or multi4 jurisdictional lottery association, including 

5 amounts awarded as a lump sum payment. 

6 ‘‘(vi) QUALIFIED LUMP SUM INCOME

7 DEFINED.—In this subparagraph, the term 

8 ‘qualified lump sum income’ means income 

9 that is received as a lump sum from one 

10 of the following sources: 

11 ‘‘(I) Monetary winnings from 

12 gambling (as defined by the Secretary 

13 and including gambling activities de14 scribed in section 1955(b)(4) of title 

15 18, United States Code). 

16 ‘‘(II) Damages received, whether 

17 by suit or agreement and whether as 

18 lump sums or as periodic payments 

19 (other than monthly payments), on 

20 account of causes of action other than 

21 causes of action arising from personal 

22 physical injuries or physical sickness. 

23 ‘‘(III) Income received as liquid 

24 assets from the estate (as defined in 


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1 section 1917(b)(4)) of a deceased in2 dividual.’’. 

3 (b) RULES OF CONSTRUCTION.— 

4 (1) INTERCEPTION OF LOTTERY WINNINGS AL5 LOWED.—Nothing in the amendment made by sub6 section (a)(2) shall be construed as preventing a 

7 State from intercepting the State lottery winnings 

8 awarded to an individual in the State to recover 

9 amounts paid by the State under the State Medicaid 

10 plan under title XIX of the Social Security Act (42 

11 U.S.C. 1396 et seq.) for medical assistance fur12 nished to the individual. 

13 (2) APPLICABILITY LIMITED TO ELIGIBILITY OF

14 RECIPIENT OF LOTTERY WINNINGS OR LUMP SUM

15 INCOME.—Nothing in the amendment made by sub16 section (a)(2) shall be construed, with respect to a 

17 determination of household income for purposes of a 

18 determination of eligibility for medical assistance 

19 under the State plan under title XIX of the Social 

20 Security Act (42 U.S.C. 1396 et seq.) (or a waiver 

21 of such plan) made by applying modified adjusted 

22 gross income under subparagraph (A) of section 

23 1902(e)(14) of such Act (42 U.S.C. 1396a(e)(14)), 

24 as limiting the eligibility for such medical assistance 

25 of any individual that is a member of the household 


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1 other than the individual who received qualified lot2 tery winnings or qualified lump-sum income (as de3 fined in subparagraph (K) of such section 

4 1902(e)(14), as added by subsection (a)(2) of this 

5 section). 

6 SEC. 22203. ADJUSTMENTS TO MEDICARE PART B AND 

7 PART D PREMIUM SUBSIDIES FOR HIGHER 

8 INCOME INDIVIDUALS. 

9 (a) IN GENERAL.—Section 1839(i)(3)(C)(i)(II) of the 

10 Social Security Act (42 U.S.C. 1395r(i)(3)(C)(i)(II)) is 

11 amended, in the table, by striking the last row and insert12 ing the following new rows: 

‘‘More than $160,000 but less than $500,000 .............. 80 percent

At least $500,000 ........................................................... 100 percent.’’. 

13 (b) JOINT RETURNS.—Section 1839(i)(3)(C)(ii) of 

14 the Social Security Act (42 U.S.C. 1395r(i)(3)(C)(ii)) is 

15 amended by inserting before the period the following: ‘‘ex16 cept, with respect to the dollar amounts applied in the last 

17 row of the table under subclause (II) of such clause (and 

18 the second dollar amount specified in the second to last 

19 row of such table), clause (i) shall be applied by sub20 stituting dollar amounts which are 175 percent of such 

21 dollar amounts for the calendar year’’. 

22 (c) INFLATION ADJUSTMENT.—Section 1839(i) of 

23 the Social Security Act (42 U.S.C. 1395r(i)) is amended— 

24 (1) in paragraph (5)— 


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1 (A) in subparagraph (A), by striking ‘‘In 

2 the case’’ and inserting ‘‘Subject to subpara3 graph (C), in the case’’; 

4 (B) in subparagraph (B), by striking ‘‘sub5 paragraph (A)’’ and inserting ‘‘subparagraph 

6 (A) or (C)’’; and 

7 (C) by adding at the end the following new 

8 subparagraph: 

9 ‘‘(C) TREATMENT OF ADJUSTMENTS FOR

10 CERTAIN HIGHER INCOME INDIVIDUALS.— 

11 ‘‘(i) IN GENERAL.—Subparagraph (A) 

12 shall not apply with respect to each dollar 

13 amount in paragraph (3) of $500,000. 

14 ‘‘(ii) ADJUSTMENT BEGINNING 2027.— 

15 In the case of any calendar year beginning 

16 after 2026, each dollar amount in para17 graph (3) of $500,000 shall be increased 

18 by an amount equal to— 

19 ‘‘(I) such dollar amount, multi20 plied by 

21 ‘‘(II) the percentage (if any) by 

22 which the average of the Consumer 

23 Price Index for all urban consumers 

24 (United States city average) for the 

25 12-month period ending with August 


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1 of the preceding calendar year exceeds 

2 such average for the 12-month period 

3 ending with August 2025.’’; and 

4 (2) in paragraph (6)(B), by inserting ‘‘(other 

5 than $500,000)’’ after ‘‘the dollar amounts’’. 

6 DIVISION D—OTHER MATTERS 

7 TITLE I—VA CHOICE 

8 SEC. 31001. VA CHOICE. 

9 There is appropriated, out of any funds in the Treas10 ury not otherwise appropriated, $2,100,000,000, to re11 main available until expended, to be deposited in the Vet12 erans Choice Fund under section 802 of the Veterans Ac13 cess, Choice, and Accountability Act of 2014 (Public Law 

14 113–146; 38 U.S.C. 1701 note). 

15 TITLE II—BUDGETARY EFFECTS 

16 SEC. 31101. BUDGETARY EFFECTS. 

17 (a) IN GENERAL.—The budgetary effects of this divi18 sion and division C shall not be entered on either PAYGO 

19 scorecard maintained pursuant to section 4(d) of the Stat20 utory Pay-As-You-Go Act of 2010. 

21 (b) SENATE PAYGO SCORECARDS.—The budgetary 

22 effects of this division and division C shall not be entered 

23 on any PAYGO scorecard maintained for purposes of sec24 tion 4106 of H. Con. Res. 71 (115th Congress). 


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1 (c) CLASSIFICATION OF BUDGETARY EFFECTS.— 

2 Notwithstanding Rule 3 of the Budget Scorekeeping 

3 Guidelines set forth in the joint explanatory statement of 

4 the committee of conference accompanying Conference Re5 port 105–217 and section 250(c)(8) of the Balanced 

6 Budget and Emergency Deficit Control Act of 1985, the 

7 budgetary effects of this division and division C shall not 

8 be estimated— 

9 (1) for purposes of section 251 of such Act; and 

10 (2) for purposes of paragraph (4)(C) of section 

11 3 of the Statutory Pay-As-You-Go Act of 2010 as 

12 being included in an appropriation Act. 

Æ 


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