PUBLIC LAW 115–96—DEC. 22, 2017 

THIRD CONTINUING APPROPRIATIONS 

FOR FISCAL YEAR 2018, MISSILE DEFENSE, 

HEALTH PROVISIONS, OTHER MATTERS, 

AND BUDGETARY EFFECTS 


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131 STAT. 2044 PUBLIC LAW 115–96—DEC. 22, 2017 

Public Law 115–96 

115th Congress 

An Act 

To amend the Homeland Security Act of 2002 to require the Secretary of Homeland 

Security to issue Department of Homeland Security-wide guidance and develop 

training programs as part of the Department of Homeland Security Blue Campaign, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

DIVISION A—FURTHER ADDITIONAL CONTINUING 

APPROPRIATIONS ACT, 2018 

SECTION 1001. The Continuing Appropriations Act, 2018 (division 

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

(1) by striking the date specified in section 106(3) and 

inserting ‘‘January 19, 2018’’; and 

(2) by adding after section 142 the following: 

‘‘SEC. 143. Notwithstanding section 104, amounts made available by section 111 for ‘Department of Homeland Security—Coast 

Guard—Retired Pay’ may be obligated to carry out Retired Pay 

Reform, as authorized by part 1 of subtitle D of title VI of the 

National Defense Authorization Act for Fiscal Year 2016 (Public 

Law 114–92, as amended), and the matter under such heading 

in division F of the Consolidated Appropriations Act, 2017 (Public 

Law 115–31; 131 Stat. 409) shall be applied during the period 

covered by this Act by inserting ‘payment of continuation pay under 

section 356 of title 37, United States Code,’ after ‘payment for 

career status bonuses,’. 

‘‘SEC. 144. In addition to amounts provided by section 101, 

amounts are provided for ‘Department of Health and Human Services—Indian Health Service—Indian Health Services’ at a rate for 

operations of $11,761,000 and amounts are provided for ‘Department of Health and Human Services—Indian Health Service— 

Indian Health Facilities’ at a rate for operations of $1,104,000, 

for an additional amount for costs of staffing and operating newly 

constructed facilities; and such amounts may be apportioned up 

to the rate for operations necessary to staff and operate newly 

constructed facilities. 

‘‘SEC. 145. Amounts made available by section 101 for ‘Department of Health and Human Services—Administration for Children 

and Families—Refugee and Entrant Assistance’ may be apportioned 

up to the rate for operations necessary to maintain program operations for carrying out section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 

1232) and section 462 of the Homeland Security Act of 2002 (6 

U.S.C. 279) at the level provided in fiscal year 2017. 

Applicability. 

Ante, pp. 1141, 

1280. 

Expiration date. 

Further 

Additional 

Continuing 

Appropriations 

Act, 2018. 

Dec. 22, 2017 

[H.R. 1370] 


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PUBLIC LAW 115–96—DEC. 22, 2017 131 STAT. 2045 

‘‘SEC. 146. Notwithstanding section 101, amounts are provided 

for the purposes described in the third paragraph under the heading 

‘Department of Health and Human Services—Office of the Secretary—Public Health and Social Services Emergency Fund’ at a 

rate for operations of $112,000,000; and such amounts may be 

apportioned up to the rate for operations necessary to prepare 

for or respond to an influenza pandemic. 

‘‘SEC. 147. Notwithstanding section 251(a)(1) of the Balanced 

Budget and Emergency Deficit Control Act of 1985 and the timetable in section 254(a) of such Act, the final sequestration report 

for fiscal year 2018 pursuant to section 254(f)(1) of such Act and 

any order for fiscal year 2018 pursuant to section 254(f)(5) of 

such Act shall be issued, for the Congressional Budget Office, 10 

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

of Management and Budget, 15 days after the date specified in 

section 106(3).’’. 

SEC. 1002. (a) Notwithstanding the dates specified in section 

403(b) of the FISA Amendments Act of 2008 (Public Law 110– 

261; 122 Stat. 2474), the amendments made by such section shall 

not take effect until the date specified in section 106(3) of the 

Continuing Appropriations Act, 2018 (division D of Public Law 

115–56), as amended. 

(b) If during the period beginning on the date of the enactment 

of this Act and ending on the date specified in section 106(3) 

of the Continuing Appropriations Act, 2018 (division D of Public 

Law 115–56), as amended, any Act amending the dates specified 

in section 403(b) of the FISA Amendments Act of 2008 (Public 

Law 110–261; 122 Stat. 2474) is enacted, this section shall be 

repealed. 

This division may be cited as the ‘‘Further Additional Continuing Appropriations Act, 2018’’. 

DIVISION B—MISSILE DEFENSE 

The following sums are appropriated, out of any money in 

the Treasury not otherwise appropriated, for the fiscal year ending 

September 30, 2018, and for other purposes, namely: 

TITLE I—MISSILE DEFEAT AND DEFENSE ENHANCEMENTS 

DEPARTMENT OF DEFENSE 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance, 

Navy’’ for necessary costs to repair damage to the U.S.S. John 

S. McCain and the U.S.S. Fitzgerald, $673,500,000: Provided, That 

such amount is designated by the Congress as an emergency 

requirement pursuant to section 251(b)(2)(A)(i) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance, 

Air Force’’ for necessary costs to detect, defeat, and defend against 

Department of 

Defense Missile 

Defeat and 

Defense 

Enhancements 

Appropriations 

Act, 2018. 

Time period. 

Effective date. 

50 USC 1881 

note. 

Reports. 

Time periods. 


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131 STAT. 2046 PUBLIC LAW 115–96—DEC. 22, 2017 

the use of ballistic missiles, $18,750,000: Provided, That such 

amount is designated by the Congress as an emergency requirement 

pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, 

Defense-Wide’’ for necessary costs to detect, defeat, and defend 

against the use of ballistic missiles, $23,735,000: Provided, That 

such amount is designated by the Congress as an emergency 

requirement pursuant to section 251(b)(2)(A)(i) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

PROCUREMENT 

MISSILE PROCUREMENT, ARMY

For an additional amount for ‘‘Missile Procurement, Army’’ 

for necessary costs to detect, defeat, and defend against the use 

of ballistic missiles, $884,000,000, to remain available until September 30, 2020: Provided, That such amount is designated by 

the Congress as an emergency requirement pursuant to section 

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

MISSILE PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Missile Procurement, Air Force’’ 

for necessary costs to detect, defeat, and defend against the use 

of ballistic missiles, $12,000,000 to remain available until September 30, 2020: Provided, That such amount is designated by 

the Congress as an emergency requirement pursuant to section 

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’ 

for necessary costs to detect, defeat, and defend against the use 

of ballistic missiles, $288,055,000 to remain available until September 30, 2020: Provided, That such amount is designated by 

the Congress as an emergency requirement pursuant to section 

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’ for 

necessary costs to detect, defeat, and defend against the use of 

ballistic missiles, $1,239,140,000 to remain available until September 30, 2020: Provided, That such amount is designated by 

the Congress as an emergency requirement pursuant to section 

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 


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PUBLIC LAW 115–96—DEC. 22, 2017 131 STAT. 2047 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For an additional amount for ‘‘Research, Development, Test 

and Evaluation, Army’’ for necessary costs to detect, defeat, and 

defend against the use of ballistic missiles, $20,700,000 to remain 

available until September 30, 2019: Provided, That such amount 

is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For an additional amount for ‘‘Research, Development, Test 

and Evaluation, Navy’’ for necessary costs to detect, defeat, and 

defend against the use of ballistic missiles, $60,000,000 to remain 

available until September 30, 2019: Provided, That such amount 

is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test 

and Evaluation, Air Force’’ for necessary costs to detect, defeat, 

and defend against the use of ballistic missiles, $255,744,000 to 

remain available until September 30, 2019: Provided, That such 

amount is designated by the Congress as an emergency requirement 

pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test 

and Evaluation, Defense-Wide’’ for necessary costs to detect, defeat, 

and defend against the use of ballistic missiles, $1,010,220,000 

to remain available until September 30, 2019: Provided, That such 

amount is designated by the Congress as an emergency requirement 

pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

TITLE II—MISSILE CONSTRUCTION ENHANCEMENTS 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, DEFENSE-WIDE 

For an additional amount for ‘‘Military Construction, DefenseWide’’, $200,000,000, to remain available until September 30, 2022, 

to carry out construction of a missile field in Alaska: Provided, 

That such funds may be obligated or expended for planning and 

design and military construction projects not otherwise authorized 

by law: Provided further, That such amount is designated by the 

Congress as an emergency requirement pursuant to section 

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 


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131 STAT. 2048 PUBLIC LAW 115–96—DEC. 22, 2017 

TITLE III—GENERAL PROVISIONS 

SEC. 2001. Notwithstanding any other provision of law, funds 

made available in this division are in addition to amounts appropriated or otherwise made available for the Department of Defense 

for fiscal year 2018. 

SEC. 2002. (a) Funds made available in title I of this division 

shall be allocated to programs, projects, and activities in accordance 

with the detailed congressional budget justifications submitted by 

the Department of Defense to accompany the Fiscal Year 2018 

Budget Amendments requested by the President on November 6, 

2017: Provided, That changes to the allocation of such funds shall 

be subject to the reprogramming requirements set forth in the 

annual appropriations Act. 

(b) Funds made available in this division may be obligated 

and expended notwithstanding sections 102 and 104 of division 

D of Public Law 115–56. 

SEC. 2003. Each amount designated in this division by the 

Congress as an emergency requirement pursuant to section 

251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available only if the President subsequently 

so designates all such amounts and transmits such designations 

to the Congress. 

This division may be cited as the ‘‘Department of Defense 

Missile Defeat and Defense Enhancements Appropriations Act, 

2018’’. 

DIVISION C—HEALTH PROVISIONS 

TITLE I—PUBLIC HEALTH EXTENDERS 

SEC. 3101. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE 

NATIONAL HEALTH SERVICE CORPS, AND TEACHING 

HEALTH CENTERS THAT OPERATE GME PROGRAMS. 

(a) COMMUNITY HEALTH CENTERS FUNDING.—Section 

10503(b)(1) of the Patient Protection and Affordable Care Act (42 

U.S.C. 254b–2(b)(1)) is amended— 

(1) in subparagraph (D), by striking ‘‘and’’ at the end; 

and 

(2) by inserting after subparagraph (E) the following: 

‘‘(F) $550,000,000 for the period of the first and second 

quarters of fiscal year 2018; and’’. 

(b) NATIONAL HEALTH SERVICE CORPS.—Section 10503(b)(2) of 

the Patient Protection and Affordable Care Act (42 U.S.C. 254b– 

2(b)(2)) is amended— 

(1) in subparagraph (D), by striking ‘‘and’’ at the end; 

(2) in subparagraph (E), by striking the period at the 

end and inserting ‘‘; and’’; and 

(3) by inserting after subparagraph (E) the following: 

‘‘(F) $65,000,000 for period of the first and second 

quarters of fiscal year 2018.’’. 

(c) TEACHING HEALTH CENTERS THAT OPERATE GRADUATE MEDICAL EDUCATION PROGRAMS.—Subsection (g) of section 340H of the 

Public Health Service Act (42 U.S.C. 256h) is amended— 

(1) by striking ‘‘To carry out’’ and inserting the following: 

‘‘(1) IN GENERAL.—To carry out’’; 

CHIP and Public 

Health Funding 

Extension Act. 

President. 

Designations. 


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PUBLIC LAW 115–96—DEC. 22, 2017 131 STAT. 2049 

(2) by striking ‘‘and $15,000,000 for the first quarter of fiscal year 2018’’ and inserting ‘‘and $30,000,000 for the period 

of the first and second quarters of fiscal year 2018, to remain 

available until expended’’; and 

(3) by adding at the end the following: 

‘‘(2) ADMINISTRATIVE EXPENSES.—Of the amount made 

available to carry out this section for any fiscal year, the 

Secretary may not use more than 5 percent of such amount 

for the expenses of administering this section.’’. 

(d) APPLICATION.—Amounts appropriated pursuant to this section are subject to the requirements contained in Public Law 115– 

31 for funds for programs authorized under sections 330 through 

340 of the Public Health Service Act (42 U.S.C. 254b–256). 

(e) CONFORMING AMENDMENTS.—Section 3014(h) of title 18, 

United States Code, is amended— 

(1) in paragraph (1), by striking ‘‘section 10503(b)(1)(E) 

of the Patient Protection and Affordable Care Act (42 U.S.C. 

254b-2(b)(1)(E)), as amended by section 221 of the Medicare 

Access and CHIP Reauthorization Act of 2015’’ and inserting 

‘‘subparagraphs (E) and (F) of section 10503(b)(1) of the Patient 

Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1))’’; 

and 

(2) in paragraph (4), by inserting ‘‘and section 3101(d) 

of the CHIP and Public Health Funding Extension Act’’ after 

‘‘section 221(c) of the Medicare Access and CHIP Reauthorization Act of 2015’’. 

SEC. 3102. EXTENSION FOR SPECIAL DIABETES PROGRAMS. 

(a) SPECIAL DIABETES PROGRAM FOR TYPE I DIABETES.—Section 

330B(b)(2) of the Public Health Service Act (42 U.S.C. 254c–2(b)(2)) 

is amended— 

(1) in subparagraph (B), by striking ‘‘and’’ at the end; 

(2) in subparagraph (C), by striking the period at the 

end and inserting ‘‘; and’’; and 

(3) by inserting after subparagraph (C) the following: ‘‘(D) $37,500,000 for the period of the first and second 

quarters of fiscal year 2018, to remain available until 

expended.’’. 

(b) SPECIAL DIABETES PROGRAM FOR INDIANS.—Subparagraph 

(D) of section 330C(c)(2) of the Public Health Service Act (42 U.S.C. 

254c–3(c)(2)) is amended by inserting ‘‘and $37,500,000 for the 

second quarter of fiscal year 2018’’ before the period at the end. 

SEC. 3103. PREVENTION AND PUBLIC HEALTH FUND. 

Section 4002(b) of the Patient Protection and Affordable Care 

Act (42 U.S.C. 300u–11(b)) is amended— 

(1) in paragraph (3), by striking ‘‘each of fiscal years 2018 

and 2019’’ and inserting ‘‘fiscal year 2018’’; 

(2) by redesignating paragraphs (4) through (8) as paragraphs (5) through (9); 

(3) by inserting after paragraph (3) the following new paragraph: 

‘‘(4) for fiscal year 2019, $800,000,000;’’; 

(4) in paragraph (5), as so redesignated, by striking 

‘‘$1,000,000,000’’ and inserting ‘‘$800,000,000’’; and 

(5) in paragraph (6), as so redesignated, by striking 

‘‘$1,500,000,000’’ and inserting ‘‘$1,250,000,000’’. 


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131 STAT. 2050 PUBLIC LAW 115–96—DEC. 22, 2017 

TITLE II—CHILDREN’S HEALTH 

INSURANCE PROGRAM (CHIP) 

SEC. 3201. FUNDING EXTENSION OF THE CHILDREN’S HEALTH INSURANCE PROGRAM. 

(a) APPROPRIATION; TOTAL ALLOTMENT.—Section 2104(a) of the 

Social Security Act (42 U.S.C. 1397dd(a)) is amended— 

(1) in paragraph (19), by striking ‘‘and’’; 

(2) in paragraph (20), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(21) for fiscal year 2018, for purposes of making 1 semiannual allotment— 

‘‘(A) $2,850,000,000 for the period beginning on October 

1, 2017, and ending on March 31, 2018.’’. 

(b) ALLOTMENTS.— 

(1) IN GENERAL.—Section 2104(m) of the Social Security 

Act (42 U.S.C. 1397dd(m)) is amended— 

(A) in paragraph (2)(B)(ii), in the matter preceding 

subclause (I), by inserting ‘‘and paragraph (10)’’ after 

‘‘clauses (iii) and (iv)’’; 

(B) in paragraph (5)— 

(i) by striking ‘‘or (4)’’ and inserting ‘‘(4), or (10)’’; 

and 

(ii) by striking ‘‘or 2017’’ and inserting ‘‘, 2017, 

or 2018’’; 

(C) in paragraph (9)— 

(i) in the heading, by striking ‘‘FISCAL YEARS 2015 

AND 2017’’ and inserting ‘‘CERTAIN FISCAL YEARS’’; 

(ii) by striking ‘‘or (4)’’ and inserting ‘‘, (4), or 

(10)’’; and 

(iii) by striking ‘‘or fiscal year 2017’’ and inserting 

‘‘, 2017, or 2018’’; and 

(D) by adding at the end the following new paragraph: 

‘‘(10) FOR FISCAL YEAR 2018.— 

‘‘(A) FIRST HALF.— 

‘‘(i) IN GENERAL.—Subject to paragraphs (5) and 

(7), from the amount made available under subparagraph (A) of paragraph (21) of subsection (a) for the 

semi-annual period described in such subparagraph, 

the Secretary shall compute a State allotment for each 

State (including the District of Columbia and each 

commonwealth and territory) for such semi-annual 

period in an amount equal to 1⁄2 of the amount 

described in clause (ii) for the State. 

‘‘(ii) FULL YEAR AMOUNT BASED ON GROWTH FACTOR

UPDATED AMOUNT.—The amount described in this 

clause for a State is equal to the sum of— 

‘‘(I) the sum of the 2 semi-annual allotments 

made to the State under paragraph (4) for fiscal 

year 2017; and 

‘‘(II) the amount of any payments made to 

the State under subsection (n) for fiscal year 2017, 

multiplied by the allotment increase factor under paragraph (6) for fiscal year 2018.’’. 


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PUBLIC LAW 115–96—DEC. 22, 2017 131 STAT. 2051 

(2) CONFORMING AMENDMENTS.—Section 2104(m)(2) of such 

Act (42 U.S.C. 1397dd(m)(2)) is amended— 

(A) in the paragraph heading, by striking ‘‘2010

THROUGH 2016’’ and inserting ‘‘BEGINNING WITH FISCAL YEAR

2010’’; and 

(B) by striking ‘‘the allotment increase factor under 

paragraph (5)’’ each place it appears and inserting ‘‘the 

allotment increase factor under paragraph (6)’’. 

(3) APPLICATION OF REGULAR EXPENDITURE RULES.— Amounts allotted to a State under section 2104(m)(10)(A) of 

the Social Security Act (42 U.S.C. 1397dd(m)(10)(A)) (as added 

by paragraph (1)) shall be subject to the same requirements 

of title XXI of such Act and applicable regulations of the Secretary of Health and Human Services as apply to other allotments made to States for a fiscal year under section 2104 

of such Act. 

(c) EXTENSION OF CHIP ALLOCATION REDISTRIBUTION SPECIAL

RULE FOR CERTAIN SHORTFALL STATES.— 

(1) IN GENERAL.—Section 2104(f)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1397dd(f)(2)(B)), as amended by section 

201 of Public Law 115–90, is amended— 

(A) in the clause heading, by striking ‘‘FIRST QUARTER’’ 

and inserting ‘‘FIRST HALF’’; 

(B) by redesignating subclause (III) as subclause (VI); 

and 

(C) by striking subclauses (I) and (II) and inserting 

the following: 

‘‘(I) IN GENERAL.—For each month beginning 

during the period beginning on October 1, 2017, 

and ending March 31, 2018, subject to the succeeding subclauses of this clause, the Secretary 

shall redistribute any amounts available for redistribution under paragraph (1) for fiscal year 2018, 

to each State that is an emergency shortfall State 

for the month (as defined in subclause (II)) such 

amount as the Secretary determines will eliminate 

the estimated shortfall described in subclause (II) 

for such State for the month (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 a month 

beginning during the period beginning October 1, 

2017, and ending March 31, 2018, a shortfall State 

for which the Secretary estimates, in accordance 

with subparagraph (A) (unless otherwise specified 

in this subclause) and on a monthly basis using 

the most recent data available to the Secretary 

as of such month, that the projected expenditures 

under the State child health plan and under section 2105(g) (calculated as if the reference under 

Time period. 

Determination. 

42 USC 1397dd 

note. 


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131 STAT. 2052 PUBLIC LAW 115–96—DEC. 22, 2017 

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 month will exceed the sum 

of the amounts described in clauses (i) through 

(iii) of subparagraph (A) for such month, including 

after application of any amount redistributed 

under paragraph (1) for a previous month for fiscal 

year 2018 in accordance with this clause, to such 

State. A shortfall State may be an emergency 

shortfall State under the previous sentence without regard to whether any amounts were redistributed to such State under paragraph (1) for a previous month in fiscal year 2018. 

‘‘(III) FUNDS REDISTRIBUTED IN THE ORDER IN

WHICH STATES REALIZE FUNDING SHORTFALLS.—The 

Secretary shall redistribute the amounts available 

for redistribution under paragraph (1) to emergency shortfall States described in subclause (II) 

in the order in which such States realize monthly 

funding shortfalls under this title for fiscal year 

2018. The Secretary shall only make redistributions under this clause to the extent that such 

amounts are available for such redistributions. 

‘‘(IV) PRORATION RULE.—If the amounts available for redistribution under paragraph (1) for a 

month during the period described in subclause 

(I) are less than the total amounts of the estimated 

shortfalls determined for the month for emergency 

shortfall States described in subclause (II), the 

amount computed under subclause (I) for each 

emergency shortfall State shall be reduced proportionally. 

‘‘(V) UNOBLIGATED REDISTRIBUTED FUNDS.— 

The Secretary shall withhold any funds redistributed under paragraph (1) for fiscal year 2018 

before January 1, 2018, but which have not been 

obligated for amounts expended by a State as of 

that date, and shall redistribute such funds in 

accordance with the preceding subclauses of this 

clause.’’. 

(2) RULE OF CONSTRUCTION.—Nothing in the amendments 

made by paragraph (1) shall be construed as authorizing the 

Secretary of Health and Human Services to de-obligate any 

funds redistributed under clause (ii) of section 2104(f)(2)(B) 

of the Social Security Act (42 U.S.C. 1397dd(f)(2)(B)) that have 

been obligated for amounts expended by an emergency shortfall 

State described in such clause as of January 1, 2018. 

This division may be cited as the ‘‘CHIP and Public Health 

Funding Extension Act’’. 

DIVISION D—OTHER MATTERS 

SEC. 4001. VA CHOICE. 

There is appropriated, out of any funds in the Treasury not otherwise appropriated, $2,100,000,000, to remain available until 

42 USC 201 note. 

42 USC 1397dd 

note. 


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PUBLIC LAW 115–96—DEC. 22, 2017 131 STAT. 2053 

LEGISLATIVE HISTORY—H.R. 1370: 

HOUSE REPORTS: No. 115–143, Pt. 1 (Comm. on Homeland Security). 

CONGRESSIONAL RECORD, Vol. 163 (2017): 

May 23, considered and passed House. 

Nov. 6, considered and passed Senate, amended. 

Dec. 21, House concurred in Senate amendment with an amendment. Senate 

concurred in House amendment. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2017): 

Dec. 22, Presidential remarks. 

Æ 

expended, to be deposited in the Veterans Choice Fund under 

section 802 of the Veterans Access, Choice, and Accountability 

Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 note). 

DIVISION E—BUDGETARY EFFECTS 

SEC. 5001. BUDGETARY EFFECTS. 

(a) IN GENERAL.—The budgetary effects of division C and each 

succeeding division shall not be entered on either PAYGO scorecard 

maintained pursuant to section 4(d) of the Statutory Pay-As-YouGo Act of 2010. 

(b) SENATE PAYGO SCORECARDS.—The budgetary effects of 

division C and each succeeding division shall not be entered on 

any PAYGO scorecard maintained for purposes of section 4106 

of H. Con. Res. 71 (115th Congress). 

(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding 

Rule 3 of the Budget Scorekeeping Guidelines set forth in the 

joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the 

Balanced Budget and Emergency Deficit Control Act of 1985, the 

budgetary effects of division C and each succeeding division shall 

not be estimated— 

(1) for purposes of section 251 of such Act; and 

(2) for purposes of paragraph (4)(C) of section 3 of the 

Statutory Pay-As-You-Go Act of 2010 as being included in an 

appropriation Act. 

SEC. 5002. BUDGETARY EFFECTS OF RECONCILIATION ACT. 

(a) DEFINITION OF RECONCILIATION ACT.—In this section, the 

term ‘‘reconciliation Act’’ means an Act enacted into law before, 

on, or after the date of enactment of this Act that was considered 

pursuant to the reconciliation instructions in H. Con. Res. 71 (115th 

Congress), the concurrent resolution on the budget for fiscal year 

2018. 

(b) PAYGO SCORECARD.—The budgetary effects of the reconciliation Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go 

Act of 2010 (2 U.S.C. 933(d)). 

Approved December 22, 2017. 


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