[United States Statutes at Large, Volume 131, 115th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


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. <>

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.

[[Page 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 <>
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

[[Page 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 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 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 <>  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'';

[[Page 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 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 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) <>  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

[[Page 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) <>  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

[[Page 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.