Joint resolution making further continuing appropriations for fiscal year 2018, and for other purposes
PL 115-90 (H.J.Res.123), enacted 12/08/2017

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 pur-
poses. 
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 Appro-
priations Act, 2018’’. 
DIVISION B—CHILDREN’S HEALTH IN-
SURANCE PROGRAM (CHIP) ALLOCA-
TION 
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 redistrib-
uted 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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131 STAT. 1281 
PUBLIC LAW 115–90—DEC. 8, 2017 
with respect to any amounts available for redis-
tribution under paragraph (1) for fiscal year 2018, 
the Secretary shall redistribute under such para-
graph 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 short-
fall 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 subpara-
graph (A) for such period, including after applica-
tion 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 para-
graph (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 ref-
erence 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. 
‘‘(D) RULE OF CONSTRUCTION.—Nothing in this para-
graph 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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