[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1370 Enrolled Bill (ENR)]
H.R.1370
One Hundred Fifteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and seventeen
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.
``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)).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.