In the House of Representatives, U. S., 

December 21, 2017. 

Resolved, That the House agree to the amendment of the 

Senate to the bill (H.R. 1370) entitled ‘‘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.’’, with the following 

HOUSE AMENDMENT TO SENATE AMENDMENT: 

In lieu of the matter proposed to be inserted by the 

amendment of the Senate, insert the following: 

1 DIVISION A—FURTHER ADDITIONAL 

2 CONTINUING APPROPRIATIONS ACT, 2018 

3 SEC. 1001. The Continuing Appropriations Act, 2018 

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

5 (1) by striking the date specified in section 

6 106(3) and inserting ‘‘January 19, 2018’’; and 

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

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

9 made available by section 111 for ‘Department of Home10 land Security—Coast Guard—Retired Pay’ may be obli11 gated to carry out Retired Pay Reform, as authorized by 

12 part 1 of subtitle D of title VI of the National Defense Au-
2 

•HR 1370 EAH 

1 thorization Act for Fiscal Year 2016 (Public Law 114–92, 

2 as amended), and the matter under such heading in divi3 sion F of the Consolidated Appropriations Act, 2017 (Pub4 lic Law 115–31; 131 Stat. 409) shall be applied during the 

5 period covered by this Act by inserting ‘payment of continu6 ation pay under section 356 of title 37, United States Code,’ 

7 after ‘payment for career status bonuses,’. 

8 ‘‘SEC. 144. In addition to amounts provided by section 

9 101, amounts are provided for ‘Department of Health and 

10 Human Services—Indian Health Service—Indian Health 

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

12 amounts are provided for ‘Department of Health and 

13 Human Services—Indian Health Service—Indian Health 

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

15 additional amount for costs of staffing and operating newly 

16 constructed facilities; and such amounts may be appor17 tioned up to the rate for operations necessary to staff and 

18 operate newly constructed facilities. 

19 ‘‘SEC. 145. Amounts made available by section 101 for 

20 ‘Department of Health and Human Services—Administra21 tion for Children and Families—Refugee and Entrant As22 sistance’ may be apportioned up to the rate for operations 

23 necessary to maintain program operations for carrying out 

24 section 235 of the William Wilberforce Trafficking Victims 

25 Protection Reauthorization Act of 2008 (8 U.S.C. 1232) 
3 

•HR 1370 EAH 

1 and section 462 of the Homeland Security Act of 2002 (6 

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

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

4 provided for the purposes described in the third paragraph 

5 under the heading ‘Department of Health and Human 

6 Services—Office of the Secretary—Public Health and So7 cial Services Emergency Fund’ at a rate for operations of 

8 $112,000,000; and such amounts may be apportioned up 

9 to the rate for operations necessary to prepare for or re10 spond to an influenza pandemic. 

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

12 Balanced Budget and Emergency Deficit Control Act of 

13 1985 and the timetable in section 254(a) of such Act, the 

14 final sequestration report for fiscal year 2018 pursuant to 

15 section 254(f)(1) of such Act and any order for fiscal year 

16 2018 pursuant to section 254(f)(5) of such Act shall be 

17 issued, for the Congressional Budget Office, 10 days after 

18 the date specified in section 106(3), and for the Office of 

19 Management and Budget, 15 days after the date specified 

20 in section 106(3).’’. 

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

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

23 Law 110–261; 122 Stat. 2474), the amendments made by 

24 such section shall not take effect until the date specified in 
4 

•HR 1370 EAH 

1 section 106(3) of the Continuing Appropriations Act, 2018 

2 (division D of Public Law 115–56), as amended. 

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

4 enactment of this Act and ending on the date specified in 

5 section 106(3) of the Continuing Appropriations Act, 2018 

6 (division D of Public Law 115–56), as amended, any Act 

7 amending the dates specified in section 403(b) of the FISA 

8 Amendments Act of 2008 (Public Law 110–261; 122 Stat. 

9 2474) is enacted, this section shall be repealed. 

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

11 Continuing Appropriations Act, 2018’’. 

12 DIVISION B—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 DEPARTMENT OF DEFENSE 

20 OPERATION AND MAINTENANCE 

21 OPERATION AND MAINTENANCE, NAVY

22 For an additional amount for ‘‘Operation and Mainte23 nance, Navy’’ for necessary costs to repair damage to the 

24 U.S.S. John S. McCain and the U.S.S. Fitzgerald, 

25 $673,500,000: Provided, That such amount is designated by 
5 

•HR 1370 EAH 

1 the Congress as an emergency requirement pursuant to sec2 tion 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

3 Deficit Control Act of 1985. 

4 OPERATION AND MAINTENANCE, AIR FORCE

5 For an additional amount for ‘‘Operation and Mainte6 nance, Air Force’’ for necessary costs to detect, defeat, and 

7 defend against the use of ballistic missiles, $18,750,000: 

8 Provided, That such amount is designated by the Congress 

9 as an emergency requirement pursuant to section 

10 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985. 

12 OPERATION AND MAINTENANCE, DEFENSE-WIDE

13 For an additional amount for ‘‘Operation and Mainte14 nance, Defense-Wide’’ for necessary costs to detect, defeat, 

15 and defend against the use of ballistic missiles, $23,735,000: 

16 Provided, That such amount is designated by the Congress 

17 as an emergency requirement pursuant to section 

18 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 

20 PROCUREMENT 

21 MISSILE PROCUREMENT, ARMY

22 For an additional amount for ‘‘Missile Procurement, 

23 Army’’ for necessary costs to detect, defeat, and defend 

24 against the use of ballistic missiles, $884,000,000, to remain 

25 available until September 30, 2020: Provided, That such 
6 

•HR 1370 EAH 

1 amount is designated by the Congress as an emergency re2 quirement pursuant to section 251(b)(2)(A)(i) of the Bal3 anced Budget and Emergency Deficit Control Act of 1985. 

4 MISSILE PROCUREMENT, AIR FORCE

5 For an additional amount for ‘‘Missile Procurement, 

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

7 against the use of ballistic missiles, $12,000,000 to remain 

8 available until September 30, 2020: Provided, That such 

9 amount is designated by the Congress as an emergency re10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 

12 OTHER PROCUREMENT, AIR FORCE

13 For an additional amount for ‘‘Other Procurement, 

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

15 against the use of ballistic missiles, $288,055,000 to remain 

16 available until September 30, 2020: Provided, That such 

17 amount is designated by the Congress as an emergency re18 quirement pursuant to section 251(b)(2)(A)(i) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985. 

20 PROCUREMENT, DEFENSE-WIDE

21 For an additional amount for ‘‘Procurement, Defense22 Wide’’ for necessary costs to detect, defeat, and defend 

23 against the use of ballistic missiles, $1,239,140,000 to re24 main available until September 30, 2020: Provided, That 

25 such amount is designated by the Congress as an emergency 
7 

•HR 1370 EAH 

1 requirement pursuant to section 251(b)(2)(A)(i) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 

3 RESEARCH, DEVELOPMENT, TEST AND 

4 EVALUATION 

5 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

6 For an additional amount for ‘‘Research, Develop7 ment, Test and Evaluation, Army’’ for necessary costs to 

8 detect, defeat, and defend against the use of ballistic mis9 siles, $20,700,000 to remain available until September 30, 

10 2019: Provided, That such amount is designated by the 

11 Congress as an emergency requirement pursuant to section 

12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

15 For an additional amount for ‘‘Research, Develop16 ment, Test and Evaluation, Navy’’ for necessary costs to 

17 detect, defeat, and defend against the use of ballistic mis18 siles, $60,000,000 to remain available until September 30, 

19 2019: Provided, That such amount is designated by the 

20 Congress as an emergency requirement pursuant to section 

21 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985. 
8 

•HR 1370 EAH 

1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

2 FORCE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Air Force’’ for necessary costs 

5 to detect, defeat, and defend against the use of ballistic mis6 siles, $255,744,000 to remain available until September 30, 

7 2019: Provided, That such amount is designated by the 

8 Congress as an emergency requirement pursuant to section 

9 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 DEFENSE-WIDE

13 For an additional amount for ‘‘Research, Develop14 ment, Test and Evaluation, Defense-Wide’’ for necessary 

15 costs to detect, defeat, and defend against the use of ballistic 

16 missiles, $1,010,220,000 to remain available until Sep17 tember 30, 2019: Provided, That such amount is designated 

18 by the Congress as an emergency requirement pursuant to 

19 section 251(b)(2)(A)(i) of the Balanced Budget and Emer20 gency Deficit Control Act of 1985. 
9 

•HR 1370 EAH 

1 TITLE II—MISSILE CONSTRUCTION 

2 ENHANCEMENTS 

3 DEPARTMENT OF DEFENSE 

4 MILITARY CONSTRUCTION, DEFENSE-WIDE 

5 For an additional amount for ‘‘Military Construction, 

6 Defense-Wide’’, $200,000,000, to remain available until 

7 September 30, 2022, to carry out construction of a missile 

8 field in Alaska: Provided, That such funds may be obligated 

9 or expended for planning and design and military construc10 tion projects not otherwise authorized by law: Provided fur11 ther, That such amount is designated by the Congress as 

12 an emergency requirement pursuant to section 

13 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 TITLE III—GENERAL PROVISIONS 

16 SEC. 2001. Notwithstanding any other provision of 

17 law, funds made available in this division are in addition 

18 to amounts appropriated or otherwise made available for 

19 the Department of Defense for fiscal year 2018. 

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

21 division shall be allocated to programs, projects, and activi22 ties in accordance with the detailed congressional budget 

23 justifications submitted by the Department of Defense to ac24 company the Fiscal Year 2018 Budget Amendments re25 quested by the President on November 6, 2017: Provided, 
10 

•HR 1370 EAH 

1 That changes to the allocation of such funds shall be subject 

2 to the reprogramming requirements set forth in the annual 

3 appropriations Act. 

4 (b) Funds made available in this division may be obli5 gated and expended notwithstanding sections 102 and 104 

6 of division D of Public Law 115–56. 

7 SEC. 2003. Each amount designated in this division 

8 by the Congress as an emergency requirement pursuant to 

9 section 251(b)(2)(A)(i) of the Balanced Budget and Emer10 gency Deficit Control Act of 1985 shall be available only 

11 if the President subsequently so designates all such amounts 

12 and transmits such designations to the Congress. 

13 This division may be cited as the ‘‘Department of De14 fense Missile Defeat and Defense Enhancements Appropria15 tions Act, 2018’’. 
11 

•HR 1370 EAH 

1 DIVISION C—HEALTH 

2 PROVISIONS 

3 TITLE I—PUBLIC HEALTH 

4 EXTENDERS 

5 SEC. 3101. EXTENSION FOR COMMUNITY HEALTH CENTERS, 

6 THE NATIONAL HEALTH SERVICE CORPS, AND 

7 TEACHING HEALTH CENTERS THAT OPERATE 

8 GME PROGRAMS. 

9 (a) COMMUNITY HEALTH CENTERS FUNDING.—Sec10 tion 10503(b)(1) of the Patient Protection and Affordable 

11 Care Act (42 U.S.C. 254b–2(b)(1)) is amended— 

12 (1) in subparagraph (D), by striking ‘‘and’’ at 

13 the end; and 

14 (2) by inserting after subparagraph (E) the fol15 lowing: 

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

17 and second quarters of fiscal year 2018; and’’. 

18 (b) NATIONAL HEALTH SERVICE CORPS.—Section 

19 10503(b)(2) of the Patient Protection and Affordable Care 

20 Act (42 U.S.C. 254b–2(b)(2)) is amended— 

21 (1) in subparagraph (D), by striking ‘‘and’’ at 

22 the end; 

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

24 at the end and inserting ‘‘; and’’; and 
12 

•HR 1370 EAH 

1 (3) by inserting after subparagraph (E) the fol2 lowing: 

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

4 second quarters of fiscal year 2018.’’. 

5 (c) TEACHING HEALTH CENTERS THAT OPERATE

6 GRADUATE MEDICAL EDUCATION PROGRAMS.—Subsection 

7 (g) of section 340H of the Public Health Service Act (42 

8 U.S.C. 256h) is amended— 

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

10 following: 

11 ‘‘(1) IN GENERAL.—To carry out’’; 

12 (2) by striking ‘‘and $15,000,000 for the first 

13 quarter of fiscal year 2018’’ and inserting ‘‘and 

14 $30,000,000 for the period of the first and second 

15 quarters of fiscal year 2018, to remain available until 

16 expended’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the 

19 amount made available to carry out this section for 

20 any fiscal year, the Secretary may not use more than 

21 5 percent of such amount for the expenses of admin22 istering this section.’’. 

23 (d) APPLICATION.—Amounts appropriated pursuant 

24 to this section are subject to the requirements contained in 

25 Public Law 115–31 for funds for programs authorized 
13 

•HR 1370 EAH 

1 under sections 330 through 340 of the Public Health Service 

2 Act (42 U.S.C. 254b–256). 

3 (e) CONFORMING AMENDMENTS.—Section 3014(h) of 

4 title 18, United States Code, is amended— 

5 (1) in paragraph (1), by striking ‘‘section 

6 10503(b)(1)(E) of the Patient Protection and Afford7 able Care Act (42 U.S.C. 254b-2(b)(1)(E)), as amend8 ed by section 221 of the Medicare Access and CHIP 

9 Reauthorization Act of 2015’’ and inserting ‘‘sub10 paragraphs (E) and (F) of section 10503(b)(1) of the 

11 Patient Protection and Affordable Care Act (42 

12 U.S.C. 254b-2(b)(1))’’; and 

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

14 3101(d) of the CHIP and Public Health Funding Ex15 tension Act’’ after ‘‘section 221(c) of the Medicare Ac16 cess and CHIP Reauthorization Act of 2015’’. 

17 SEC. 3102. EXTENSION FOR SPECIAL DIABETES PROGRAMS. 

18 (a) SPECIAL DIABETES PROGRAM FOR TYPE I DIABE19 TES.—Section 330B(b)(2) of the Public Health Service Act 

20 (42 U.S.C. 254c–2(b)(2)) is amended— 

21 (1) in subparagraph (B), by striking ‘‘and’’ at 

22 the end; 

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

24 at the end and inserting ‘‘; and’’; and 
14 

•HR 1370 EAH 

1 (3) by inserting after subparagraph (C) the fol2 lowing: 

3 ‘‘(D) $37,500,000 for the period of the first 

4 and second quarters of fiscal year 2018, to re5 main available until expended.’’. 

6 (b) SPECIAL DIABETES PROGRAM FOR INDIANS.—Sub7 paragraph (D) of section 330C(c)(2) of the Public Health 

8 Service Act (42 U.S.C. 254c–3(c)(2)) is amended by insert9 ing ‘‘and $37,500,000 for the second quarter of fiscal year 

10 2018’’ before the period at the end. 

11 SEC. 3103. PREVENTION AND PUBLIC HEALTH FUND. 

12 Section 4002(b) of the Patient Protection and Afford13 able Care Act (42 U.S.C. 300u–11(b)) is amended— 

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

15 years 2018 and 2019’’ and inserting ‘‘fiscal year 

16 2018’’; 

17 (2) by redesignating paragraphs (4) through (8) 

18 as paragraphs (5) through (9); 

19 (3) by inserting after paragraph (3) the fol20 lowing new paragraph: 

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

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

23 striking ‘‘$1,000,000,000’’ and inserting 

24 ‘‘$800,000,000’’; and 
15 

•HR 1370 EAH 

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

2 striking ‘‘$1,500,000,000’’ and inserting 

3 ‘‘$1,250,000,000’’. 

4 TITLE II—CHILDREN’S HEALTH 

5 INSURANCE PROGRAM (CHIP) 

6 SEC. 3201. FUNDING EXTENSION OF THE CHILDREN’S 

7 HEALTH INSURANCE PROGRAM. 

8 (a) APPROPRIATION; TOTAL ALLOTMENT.—Section 

9 2104(a) of the Social Security Act (42 U.S.C. 1397dd(a)) 

10 is amended— 

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

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

13 the end and inserting ‘‘; and’’; and 

14 (3) by adding at the end the following new para15 graph: 

16 ‘‘(21) for fiscal year 2018, for purposes of mak17 ing 1 semi-annual allotment— 

18 ‘‘(A) $2,850,000,000 for the period begin19 ning on October 1, 2017, and ending on March 

20 31, 2018.’’. 

21 (b) ALLOTMENTS.— 

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

23 Security Act (42 U.S.C. 1397dd(m)) is amended— 
16 

•HR 1370 EAH 

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

2 preceding subclause (I), by inserting ‘‘and para3 graph (10)’’ after ‘‘clauses (iii) and (iv)’’; 

4 (B) in paragraph (5)— 

5 (i) by striking ‘‘or (4)’’ and inserting 

6 ‘‘(4), or (10)’’; and 

7 (ii) by striking ‘‘or 2017’’ and insert8 ing ‘‘, 2017, or 2018’’; 

9 (C) in paragraph (9)— 

10 (i) in the heading, by striking ‘‘FISCAL

11 YEARS 2015 AND 2017’’ and inserting ‘‘CER12 TAIN FISCAL YEARS’’; 

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

14 ‘‘, (4), or (10)’’; and 

15 (iii) by striking ‘‘or fiscal year 2017’’ 

16 and inserting ‘‘, 2017, or 2018’’; and 

17 (D) by adding at the end the following new 

18 paragraph: 

19 ‘‘(10) FOR FISCAL YEAR 2018.— 

20 ‘‘(A) FIRST HALF.— 

21 ‘‘(i) IN GENERAL.—Subject to para22 graphs (5) and (7), from the amount made 

23 available under subparagraph (A) of para24 graph (21) of subsection (a) for the semi-an25 nual period described in such subpara-
17 

•HR 1370 EAH 

1 graph, the Secretary shall compute a State 

2 allotment for each State (including the Dis3 trict of Columbia and each commonwealth 

4 and territory) for such semi-annual period 

in an amount equal to 1 5 ⁄2 of the amount de6 scribed in clause (ii) for the State. 

7 ‘‘(ii) FULL YEAR AMOUNT BASED ON

8 GROWTH FACTOR UPDATED AMOUNT.—The 

9 amount described in this clause for a State 

10 is equal to the sum of— 

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

12 allotments made to the State under 

13 paragraph (4) for fiscal year 2017; 

14 and 

15 ‘‘(II) the amount of any payments 

16 made to the State under subsection (n) 

17 for fiscal year 2017, 

18 multiplied by the allotment increase factor 

19 under paragraph (6) for fiscal year 2018.’’. 

20 (2) CONFORMING AMENDMENTS.—Section 

21 2104(m)(2) of such Act (42 U.S.C. 1397dd(m)(2)) is 

22 amended— 

23 (A) in the paragraph heading, by striking 

24 ‘‘2010 THROUGH 2016’’ and inserting ‘‘BEGINNING

25 WITH FISCAL YEAR 2010’’; and 
18 

•HR 1370 EAH 

1 (B) by striking ‘‘the allotment increase fac2 tor under paragraph (5)’’ each place it appears 

3 and inserting ‘‘the allotment increase factor 

4 under paragraph (6)’’. 

5 (3) APPLICATION OF REGULAR EXPENDITURE

6 RULES.—Amounts allotted to a State under section 

7 2104(m)(10)(A) of the Social Security Act (42 U.S.C. 

8 1397dd(m)(10)(A)) (as added by paragraph (1)) shall 

9 be subject to the same requirements of title XXI of 

10 such Act and applicable regulations of the Secretary 

11 of Health and Human Services as apply to other al12 lotments made to States for a fiscal year under sec13 tion 2104 of such Act. 

14 (c) EXTENSION OF CHIP ALLOCATION REDISTRIBU15 TION SPECIAL RULE FOR CERTAIN SHORTFALL STATES.— 

16 (1) IN GENERAL.—Section 2104(f)(2)(B)(ii) of 

17 the Social Security Act (42 U.S.C. 1397dd(f)(2)(B)), 

18 as amended by section 201 of Public Law 115–90, is 

19 amended— 

20 (A) in the clause heading, by striking 

21 ‘‘FIRST QUARTER’’ and inserting ‘‘FIRST HALF’’; 

22 (B) by redesignating subclause (III) as sub23 clause (VI); and 

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

25 inserting the following: 
19 

•HR 1370 EAH 

1 ‘‘(I) IN GENERAL.—For each 

2 month beginning during the period be3 ginning on October 1, 2017, and end4 ing March 31, 2018, subject to the suc5 ceeding subclauses of this clause, the 

6 Secretary shall redistribute any 

7 amounts available for redistribution 

8 under paragraph (1) for fiscal year 

9 2018, to each State that is an emer10 gency shortfall State for the month (as 

11 defined in subclause (II)) such amount 

12 as the Secretary determines will elimi13 nate the estimated shortfall described 

14 in subclause (II) for such State for the 

15 month (as may be adjusted under sub16 paragraph (C)) before the Secretary 

17 may redistribute such amounts to any 

18 shortfall State that is not an emer19 gency shortfall State. In the case of 

20 any amounts redistributed under this 

21 subclause to a State that is not an 

22 emergency shortfall State, such 

23 amounts shall be determined in accord24 ance with clause (i). 
20 

•HR 1370 EAH 

1 ‘‘(II) EMERGENCY SHORTFALL

2 STATE DEFINED.—For purposes of this 

3 clause, the term ‘emergency shortfall 

4 State’ means, with respect to a month 

5 beginning during the period beginning 

6 October 1, 2017, and ending March 31, 

7 2018, a shortfall State for which the 

8 Secretary estimates, in accordance 

9 with subparagraph (A) (unless other10 wise specified in this subclause) and on 

11 a monthly basis using the most recent 

12 data available to the Secretary as of 

13 such month, that the projected expendi14 tures under the State child health plan 

15 and under section 2105(g) (calculated 

16 as if the reference under section 

17 2105(g)(4)(A) to ‘2017’ were a ref18 erence to ‘2018’ and insofar as the al19 lotments are available to the State 

20 under this subsection or subsection (e) 

21 or (m)) for such month will exceed the 

22 sum of the amounts described in 

23 clauses (i) through (iii) of subpara24 graph (A) for such month, including 

25 after application of any amount redis-
21 

•HR 1370 EAH 

1 tributed under paragraph (1) for a 

2 previous month for fiscal year 2018 in 

3 accordance with this clause, to such 

4 State. A shortfall State may be an 

5 emergency shortfall State under the 

6 previous sentence without regard to 

7 whether any amounts were redistrib8 uted to such State under paragraph (1) 

9 for a previous month in fiscal year 

10 2018. 

11 ‘‘(III) FUNDS REDISTRIBUTED IN

12 THE ORDER IN WHICH STATES REAL13 IZE FUNDING SHORTFALLS.—The Sec14 retary shall redistribute the amounts 

15 available for redistribution under 

16 paragraph (1) to emergency shortfall 

17 States described in subclause (II) in 

18 the order in which such States realize 

19 monthly funding shortfalls under this 

20 title for fiscal year 2018. The Secretary 

21 shall only make redistributions under 

22 this clause to the extent that such 

23 amounts are available for such redis24 tributions. 
22 

•HR 1370 EAH 

1 ‘‘(IV) PRORATION RULE.—If the 

2 amounts available for redistribution 

3 under paragraph (1) for a month dur4 ing the period described in subclause 

5 (I) are less than the total amounts of 

6 the estimated shortfalls determined for 

7 the month for emergency shortfall 

8 States described in subclause (II), the 

9 amount computed under subclause (I) 

10 for each emergency shortfall State shall 

11 be reduced proportionally. 

12 ‘‘(V) UNOBLIGATED REDISTRIB13 UTED FUNDS.—The Secretary shall 

14 withhold any funds redistributed under 

15 paragraph (1) for fiscal year 2018 be16 fore January 1, 2018, but which have 

17 not been obligated for amounts ex18 pended by a State as of that date, and 

19 shall redistribute such funds in accord20 ance with the preceding subclauses of 

21 this clause.’’. 

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

23 amendments made by paragraph (1) shall be con24 strued as authorizing the Secretary of Health and 

25 Human Services to de-obligate any funds redistrib-
23 

•HR 1370 EAH 

1 uted under clause (ii) of section 2104(f)(2)(B) of the 

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

3 have been obligated for amounts expended by an 

4 emergency shortfall State described in such clause as 

5 of January 1, 2018. 

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

7 Health Funding Extension Act’’. 

8 DIVISION D—OTHER MATTERS 

9 SEC. 4001. VA CHOICE. 

10 There is appropriated, out of any funds in the Treas11 ury not otherwise appropriated, $2,100,000,000, to remain 

12 available until expended, to be deposited in the Veterans 

13 Choice Fund under section 802 of the Veterans Access, 

14 Choice, and Accountability Act of 2014 (Public Law 113– 

15 146; 38 U.S.C. 1701 note). 

16 DIVISION E—BUDGETARY 

17 EFFECTS 

18 SEC. 5001. BUDGETARY EFFECTS. 

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

20 and each succeeding division shall not be entered on either 

21 PAYGO scorecard maintained pursuant to section 4(d) of 

22 the Statutory Pay-As-You-Go Act of 2010. 

23 (b) SENATE PAYGO SCORECARDS.—The budgetary ef24 fects of division C and each succeeding division shall not 
24 

•HR 1370 EAH 

1 be entered on any PAYGO scorecard maintained for pur2 poses of section 4106 of H. Con. Res. 71 (115th Congress). 

3 (c) CLASSIFICATION OF BUDGETARY EFFECTS.—Not4 withstanding Rule 3 of the Budget Scorekeeping Guidelines 

5 set forth in the joint explanatory statement of the committee 

6 of conference accompanying Conference Report 105–217 

7 and section 250(c)(8) of the Balanced Budget and Emer8 gency Deficit Control Act of 1985, the budgetary effects of 

9 division C and each succeeding division shall not be esti10 mated— 

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

12 (2) for purposes of paragraph (4)(C) of section 

13 3 of the Statutory Pay-As-You-Go Act of 2010 as 

14 being included in an appropriation Act. 

15 SEC. 5002. BUDGETARY EFFECTS OF RECONCILIATION ACT. 

16 (a) DEFINITION OF RECONCILIATION ACT.—In this 

17 section, the term ‘‘reconciliation Act’’ means an Act enacted 

18 into law before, on, or after the date of enactment of this 

19 Act that was considered pursuant to the reconciliation in20 structions in H. Con. Res. 71 (115th Congress), the concur21 rent resolution on the budget for fiscal year 2018. 

22 (b) PAYGO SCORECARD.—The budgetary effects of the 

23 reconciliation Act shall not be entered on either PAYGO 
25 

•HR 1370 EAH 

1 scorecard maintained pursuant to section 4(d) of the Statu2 tory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)). 

Attest: 

Clerk. 
115TH CONGRESS 

1ST SESSION H.R. 1370 

HOUSE AMENDMENT TO 

SENATE AMENDMENT