[115th Congress Public Law 90]
[From the U.S. Government Publishing Office]
[[Page 1279]]
SECOND CONTINUING APPROPRIATIONS,
FISCAL YEAR 2018
[[Page 131 STAT. 1280]]
Public Law 115-90
115th Congress
Joint Resolution
Making further continuing appropriations for fiscal year 2018, and for
other purposes. <<NOTE: Dec. 8, 2017 - [H.J. Res. 123]>>
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
DIVISION <<NOTE: Further Continuing Appropriations Act, 2018.>> A--
FURTHER CONTINUING APPROPRIATIONS ACT, 2018
SEC. 101. FURTHER CONTINUING APPROPRIATIONS.
The Continuing Appropriations Act, 2018 (division D of Public Law
115-56) is amended by striking the date specified in section 106(3)
and <<NOTE: Ante, p. 1141.>> inserting ``December 22, 2017''.
This division may be cited as the ``Further Continuing
Appropriations Act, 2018''.
DIVISION B--CHILDREN'S HEALTH INSURANCE PROGRAM (CHIP) ALLOCATION
REDISTRIBUTION SPECIAL RULE
SEC. 201. CHIP ALLOCATION REDISTRIBUTION SPECIAL RULE FOR CERTAIN
SHORTFALL STATES DURING FIRST QUARTER OF FISCAL YEAR 2018.
Section 2104(f)(2) of the Social Security Act (42 U.S.C.
1397dd(f)(2)) is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) Determination of redistributed amounts if
insufficient amounts available.--
``(i) Proration rule.--Subject to clause (ii),
if the amounts available for redistribution under
paragraph (1) for a fiscal year are less than the
total amounts of the estimated shortfalls
determined for the year under subparagraph (A),
the amount to be redistributed under such
paragraph for each shortfall State shall be
reduced proportionally.
``(ii) <<NOTE: Time periods.>> Special rule
for first quarter of fiscal year 2018.--
``(I) In general.--For the period
beginning on October 1, 2017, and ending
December 31, 2017,
[[Page 131 STAT. 1281]]
with respect to any amounts available
for redistribution under paragraph (1)
for fiscal year 2018, the Secretary
shall redistribute under such paragraph
such amounts to each emergency shortfall
State (as defined in subclause (II)) in
such amount as is equal to the amount of
the shortfall described in subclause
(II) for such State and period (as may
be adjusted under subparagraph (C))
before the Secretary may redistribute
such amounts to any shortfall State that
is not an emergency shortfall State. In
the case of any amounts redistributed
under this subclause to a State that is
not an emergency shortfall State, such
amounts shall be determined in
accordance with clause (i).
``(II) Emergency shortfall state
defined.--For purposes of this clause,
the term `emergency shortfall State'
means, with respect to the period
beginning October 1, 2017, and ending
December 31, 2017, a shortfall State for
which the Secretary estimates, in
accordance with subparagraph (A) (unless
otherwise specified in this subclause),
that the projected expenditures under
the State child health plan and under
section 2105(g) (calculated as if the
reference under section 2105(g)(4)(A) to
`2017' were a reference to `2018' and
insofar as the allotments are available
to the State under this subsection or
subsection (e) or (m)) for such period
will exceed the sum of the amounts
described in clauses (i) through (iii)
of subparagraph (A) for such period,
including after application of any
amount redistributed under paragraph (1)
before such date of enactment to such
State. A shortfall State may be an
emergency shortfall State under the
previous sentence without regard to
whether any amounts were redistributed
before such date of enactment to such
State under paragraph (1) for fiscal
year 2018.
``(III) Application of qualifying
state option.--During the period
described in subclause (I), section
2105(g)(4) shall apply to a qualifying
State (as defined in section 2105(g)(2))
as if under section 2105(g)(4)--
``(aa) the reference to
`2017' were a reference to
`2018'; and
``(bb) the reference to
`under subsections (e) and (m)
of such section' were a
reference to `under subsections
(e), (f), and (m) of such
section'.''; and
(2) by adding at the end the following new subparagraph:
[[Page 131 STAT. 1282]]
``(D) Rule of construction.--Nothing in this
paragraph may be construed as preventing a commonwealth
or territory described in subsection (c)(3) from being
treated as a shortfall State or an emergency shortfall
State.''.
Approved December 8, 2017.
LEGISLATIVE HISTORY--H.J. Res. 123:
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CONGRESSIONAL RECORD, Vol. 163 (2017):
Dec. 7, considered and passed House and Senate.
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