PUBLIC LAW 115–90—DEC. 8, 2017 

SECOND CONTINUING APPROPRIATIONS, 

FISCAL YEAR 2018 


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131 STAT. 1280 PUBLIC LAW 115–90—DEC. 8, 2017 

Public Law 115–90 

115th Congress 

Joint Resolution 

Making further continuing appropriations for fiscal year 2018, and for other purposes. 

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, 

DIVISION 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 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) 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, 

Time periods. 

Ante, p. 1141. 

Further 

Continuing 

Appropriations 

Act, 2018. 

Dec. 8, 2017 

[H.J. Res. 123] 


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PUBLIC LAW 115–90—DEC. 8, 2017 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: 


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131 STAT. 1282 PUBLIC LAW 115–90—DEC. 8, 2017 

LEGISLATIVE HISTORY—H.J. Res. 123: 

CONGRESSIONAL RECORD, Vol. 163 (2017): 

Dec. 7, considered and passed House and Senate. 

Æ 

‘‘(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. 


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