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[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:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 163 (2017):
            Dec. 7, considered and passed House and Senate.

                                  <all>
```