Text: H.R.1370 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-96 (12/22/2017)

 
[115th Congress Public Law 96]
[From the U.S. Government Publishing Office]



[[Page 2043]]

                    THIRD CONTINUING APPROPRIATIONS 
FOR FISCAL YEAR 2018, MISSILE DEFENSE, HEALTH PROVISIONS, OTHER MATTERS, 

                          AND BUDGETARY EFFECTS

[[Page 131 STAT. 2044]]

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. <<NOTE: Dec. 22, 
                         2017 -  [H.R. 1370]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

   DIVISION <<NOTE: Further Additional Continuing Appropriations Act, 
2018.>>  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) <<NOTE: Ante, pp. 1141, 1280. Expiration date.>>  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 <<NOTE: Applicability.>>  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.

[[Page 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 <<NOTE: Reports. Time periods.>>  
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) <<NOTE: Effective date. 50 USC 1881 note.>>  
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) <<NOTE: Time period.>>  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 <<NOTE: Department of Defense Missile Defeat and Defense 
Enhancements Appropriations Act, 2018.>>  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

[[Page 131 STAT. 2046]]

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.

[[Page 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, Defense-
Wide'', $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.

[[Page 131 STAT. 2048]]

                      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 <<NOTE: President. Designations.>>  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 <<NOTE: CHIP and Public Health Funding Extension Act.>>  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'';

[[Page 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''.

[[Page 131 STAT. 2050]]

          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 semi-
        annual 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.''.

[[Page 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) <<NOTE: 42 USC 1397dd note.>>  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) <<NOTE: Time 
                                period. Determination.>>  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

[[Page 131 STAT. 2052]]

                                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) <<NOTE: 42 USC 1397dd note.>>  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 <<NOTE: 42 USC 201 note.>>  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

[[Page 131 STAT. 2053]]

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-You-Go 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.

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.

                                  <all>