[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1370 Engrossed Amendment House (EAH)]
<DOC>
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:
DIVISION A--FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2018
Sec. 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.
``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 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.
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.
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'';
(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''.
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.''.
(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
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
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)).
Attest:
Clerk.
115th CONGRESS
1st Session
H.R. 1370
_______________________________________________________________________
HOUSE AMENDMENT TO SENATE AMENDMENT