Public Law 115 – 120 – An act making further continuing appropriations for the fiscal year ending September 30, 2018, and for other purposes

[115th Congress Public Law 120]
[From the U.S. Government Publishing Office]

PLAW 115publ120

[[Page 27]]

FOURTH CONTINUING APPROPRIATIONS
FOR FISCAL YEAR 2018, FEDERAL REGISTER PRINTING SAVINGS, HEALTHY KIDS,
HEALTH-RELATED TAXES, AND
BUDGETARY EFFECTS

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Public Law 115-120
115th Congress

An Act

Making further continuing appropriations for the fiscal year ending
September 30, 2018, and for other purposes. <<NOTE: Jan. 22,
2018 – [H.R. 195]>>

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

DIVISION <<NOTE: Federal Register Printing Savings Act of 2017.>> A–
FEDERAL REGISTER PRINTING SAVINGS ACT OF 2017
SECTION 1. <<NOTE: 44 USC 101 note.>> SHORT TITLE.

This division may be cited as the “Federal Register Printing
Savings Act of 2017”.
SEC. 2. RESTRICTIONS ON DISTRIBUTION OF FREE PRINTED COPIES OF
FEDERAL REGISTER TO MEMBERS OF CONGRESS AND
FEDERAL EMPLOYEES.

(a) Restrictions.–Section 1506 of title 44, United States Code, is
amended–
(1) by striking “The Administrative Committee” and
inserting “(a) Composition; Duties.–The Administrative
Committee”;
(2) in subsection (a)(4), by striking “the number of
copies” and inserting “subject to subsection (b), the number
of copies”; and
(3) by adding at the end the following new subsection:

“(b) <<NOTE: Regulations.>> Restrictions on Distribution of Free
Printed Copies to Members of Congress and Officers and Employees of the
United States.–
“(1) Prohibiting subscription to printed copies without
request.–Under the regulations prescribed to carry out
subsection (a)(4), the Director of the Government Publishing
Office may not provide a printed copy of the Federal Register
without charge to any Member of Congress or any other office of
the United States during a year unless–
“(A) the Member or office requests a printed copy
of a specific issue of the Federal Register; or
“(B) during that year or during the previous year,
the Member or office requested a subscription to printed
copies of the Federal Register for that year, as
described in paragraph (2).
“(2) Administration of subscriptions.–The regulations
prescribed to carry out subsection (a)(4) shall include–

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“(A) <<NOTE: Notifications.>> provisions regarding
notifications to offices of Members of Congress and
other offices of the United States of the restrictions
of paragraph (1);
“(B) provisions describing the process by which
Members and other offices may request a specific issue
of the Federal Register for purposes of paragraph
(1)(A); and
“(C) <<NOTE: Time period.>> provisions describing
the process by which Members and other offices may
request a subscription to the Federal Register for
purposes of paragraph (1)(B), except that such
regulations shall limit the period for such a
subscription to not longer than 1 year.”.

(b) <<NOTE: 44 USC 1506 note.>> Effective Date.–The amendment made
by subsection (a) shall take effect January 1, 2018.

DIVISION <<NOTE: Extension of Continuing Appropriations Act, 2018.>>
B–EXTENSION OF CONTINUING APPROPRIATIONS ACT, 2018

Sec. 2001. The Continuing Appropriations Act, 2018 (division D of
Public Law 115-56) is amended–
(1) by striking the date specified in section
106(3) <<NOTE: 131 Stat. 1141.>> and inserting “February 8,
2018”; and
(2) by adding after section 147 <<NOTE: 131 Stat. 2045.>>
the following:

“Sec. 148. Funds appropriated by the Department of Defense Missile
Defeat and Defense Enhancements Appropriations Act, 2018 (division B of
Public Law 115-96) may be obligated and expended notwithstanding section
504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
“Sec. 149. Amounts made available by section 101 for `Department
of Agriculture–Food and Nutrition Service–Child Nutrition Programs’ to
carry out section 749(g) of the Agriculture Appropriations Act of 2010
(Public Law 111-80) may be apportioned up to the rate for operations
necessary to ensure that the program can be fully operational by May
2018.
“Sec. 150. Amounts made available by section 101 for `National
Aeronautics and Space Administration–Exploration’ may be apportioned up
to the rate for operations necessary to maintain the planned launch
capability schedules for the Space Launch System launch vehicle,
Exploration Ground Systems, and Orion Multi-Purpose Crew Vehicle
programs.
“Sec. 151. Amounts made available by section 101 for `Department
of Energy–Energy Programs–Office of the Inspector General’ may be
apportioned up to the rate for operations necessary to sustain staffing
levels achieved on June 30, 2017.
“Sec. 152. Amounts made available by section 101 for `Small
Business Administration–Business Loans Program Account’ may be
apportioned up to the rate for operations necessary to accommodate
increased demand for commitments for general business loans authorized
under section 7(a) of the Small Business Act (15 U.S.C. 636(a)).
“Sec. 153. For 2018, the Secretary of Housing and Urban
Development may make temporary adjustments to the Section 8 housing
choice voucher annual renewal funding allocations and administrative fee
eligibility determinations for public housing agencies in an area for
which the President declared a disaster in 2017 or 2018 under title IV
of the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170 et seq.), to avoid significant adverse funding impacts
that would otherwise

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result from the disaster and that would otherwise prevent a public
housing agency from leasing up to its authorized level of units under
contract (but not to exceed such level), upon request by and in
consultation with a public housing agency and supported by documentation
as required by the Secretary that demonstrates the need for the
adjustment.
“Sec. 154. (a) <<NOTE: Furloughs.>> Employees furloughed as a
result of any lapse in appropriations which begins on or about January
20, 2018, shall be compensated at their standard rate of compensation,
for the period of such lapse in appropriations, as soon as practicable
after such lapse in appropriations ends.

“(b) <<NOTE: Definition.>> For purposes of this section,
`employee’ means:
“(1) a federal employee;
“(2) an employee of the District of Columbia Courts;
“(3) an employee of the Public Defender Service for the
District of Columbia; or
“(4) a District of Columbia Government employee.

“(c) All obligations incurred in anticipation of the appropriations
made and authority granted by this division for the purposes of
maintaining the essential level of activity to protect life and property
and bringing about orderly termination of Government functions, and for
purposes as otherwise authorized by law, are hereby ratified and
approved if otherwise in accord with the provisions of this division.
“Sec. 155. (a) If a State (or another Federal grantee) used State
funds (or the grantee’s non-Federal funds) to continue carrying out a
Federal program or furloughed State employees (or the grantee’s
employees) whose compensation is advanced or reimbursed in whole or in
part by the Federal Government–
“(1) such furloughed employees shall be compensated at
their standard rate of compensation for such period;
“(2) <<NOTE: Reimbursement.>> the State (or such other
grantee) shall be reimbursed for expenses that would have been
paid by the Federal Government during such period had
appropriations been available, including the cost of
compensating such furloughed employees, together with interest
thereon calculated under section 6503(d) of title 31, United
States Code; and
“(3) the State (or such other grantee) may use funds
available to the State (or the grantee) under such Federal
program to reimburse such State (or the grantee), together with
interest thereon calculated under section 6503(d) of title 31,
United States Code.

“(b) <<NOTE: Definition.>> For purposes of this section, the term
`State’ and the term `grantee’ shall have the meaning as such term is
defined under the applicable Federal program under subsection (a). In
addition, `to continue carrying out a Federal program’ means the
continued performance by a State or other Federal grantee, during the
period of a lapse in appropriations, of a Federal program that the State
or such other grantee had been carrying out prior to the period of the
lapse in appropriations.

“(c) <<NOTE: Applicability.>> The authority under this section
applies with respect to any period in fiscal year 2018 (not limited to
periods beginning or ending after the date of the enactment of this
division) during which there occurs a lapse in appropriations with
respect to any department or agency of the Federal Government which, but
for such lapse in appropriations, would have paid, or made reimbursement
relating to, any of the expenses referred to in this section

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with respect to the program involved. Payments and reimbursements under
this authority shall be made only to the extent and in amounts provided
in advance in appropriations Acts.”.

Sec. 2002. The Further Additional Continuing Appropriations Act,
2018 (division A of Public Law 115-96) is amended by striking section
1002. <<NOTE: 50 USC 1881 note. Time period.>>

Sec. 2003. For the purposes of division D of Public Law 115-56, the
time covered by such division shall be considered to include the period
which began on or about January 20, 2018, during which there occurred a
lapse in appropriations.
This division may be cited as the “Extension of Continuing
Appropriations Act, 2018”.

DIVISION <<NOTE: Helping Ensure Access for Little Ones, Toddlers, and
Hopeful Youth by Keeping Insurance Delivery Stable Act. 42 USC 1305
note.>> C–HEALTHY KIDS ACT
SEC. 3001. SHORT TITLE.

This division may be cited as the “Helping Ensure Access for Little
Ones, Toddlers, and Hopeful Youth by Keeping Insurance Delivery Stable
Act” or the “HEALTHY KIDS Act”.
SEC. 3002. SIX-YEAR FUNDING EXTENSION OF THE CHILDREN’S HEALTH
INSURANCE PROGRAM.

(a) Funding.–
(1) In general.–Section 2104(a) of the Social Security Act
(42 U.S.C. 1397dd(a)), as amended by section 3201(a) of the CHIP
and Public Health Funding Extension Act (division C of Public
Law 115-96), is amended–
(A) in paragraph (20)(B), by striking “; and” and
inserting a semicolon;
(B) by striking paragraph (21) and inserting the
following new paragraphs:
“(21) for fiscal year 2018, $21,500,000,000;
“(22) for fiscal year 2019, $22,600,000,000;
“(23) for fiscal year 2020, $23,700,000,000;
“(24) for fiscal year 2021, $24,800,000,000;
“(25) for fiscal year 2022, $25,900,000,000; and
“(26) <<NOTE: Time periods.>> for fiscal year 2023, for
purposes of making two semi-annual allotments–
“(A) $2,850,000,000 for the period beginning on
October 1, 2022, and ending on March 31, 2023; and
“(B) $2,850,000,000 for the period beginning on
April 1, 2023, and ending on September 30, 2023.”.
(2) Prevention of duplicate appropriations for fiscal year
2018.–Notwithstanding any other provision of law, insofar as
funds have been appropriated under subsection (a)(21) of section
2104 of the Social Security Act (42 U.S.C. 1397dd), as such
subsection is in effect on the day before the date of the
enactment of this Act, to provide allotments to States under the
State Children’s Health Insurance Program established under
title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.)
(whether implemented under title XIX, XXI, or both, of the
Social Security Act) for fiscal year 2018–
(A) any amounts that are so appropriated that are
not so allotted and obligated before the date of the
enactment of this Act, are rescinded; and

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(B) any amount provided for CHIP allotments to a
State under this section (and the amendments made by
this section) for such fiscal year shall be reduced by
the amount of such appropriations so allotted and
obligated before such date.

(b) Allotments.–
(1) In general.–Section 2104(m) of the Social Security Act
(42 U.S.C. 1397dd(m)), as amended by section 3201(b) of the CHIP
and Public Health Funding Extension Act (division C of Public
Law 115-96), is amended–
(A) in paragraph (2)(B)–
(i) in the matter preceding clause (i), by
striking “(19)” and inserting “(25)”;
(ii) in clause (i), by striking “and 2017”
and inserting “, 2017, and 2023”; and
(iii) in clause (ii)–
(I) in the matter preceding
subclause (I), by striking “and
paragraph (10)”; and
(II) in subclause (I), by inserting
“(or, in the case of fiscal year 2018,
under paragraph (4))” after “clause
(i)”;
(B) in paragraph (5), by striking “2018” and
inserting “2023”;
(C) in paragraph (7)–
(i) in subparagraph (A), by striking “2017”
and inserting “2023”;
(ii) <<NOTE: Deadline.>> in subparagraph (B),
in the matter preceding clause (i), by inserting
“(or, in the case of fiscal year 2018, by not
later than the date that is 60 days after the date
of the enactment of the HEALTHY KIDS Act)” after
“before the August 31 preceding the beginning of
the fiscal year”; and
(iii) in the matter following subparagraph
(B), by striking “or fiscal year 2016” and
inserting “fiscal year 2016, fiscal year 2018,
fiscal year 2020, or fiscal year 2022”;
(D) in paragraph (9), by striking “2018” and
inserting “2023”; and
(E) by amending paragraph (10) to read as follows:
“(10) <<NOTE: Time period. Allotment.>> For fiscal year
2023.–
“(A) First half.–Subject to paragraphs (5) and
(7), from the amount made available under subparagraph
(A) of paragraph (26) of subsection (a) for the semi-
annual period described in such subparagraph, increased
by the amount of the appropriation for such period under
section 3002(b)(2) of the HEALTHY KIDS Act, 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 the first half ratio (described in
subparagraph (D)) of the amount described in
subparagraph (C).
“(B) Second half.–Subject to paragraphs (5) and
(7), from the amount made available under subparagraph
(B) of paragraph (26) 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)

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for such semi-annual period in an amount equal to the
amount made available under such subparagraph,
multiplied by the ratio of–
“(i) the amount of the allotment to such
State under subparagraph (A); to
“(ii) the total of the amount of all of the
allotments made available under such subparagraph.
“(C) Full year amount based on rebased amount.–The
amount described in this subparagraph for a State is
equal to the Federal payments to the State that are
attributable to (and countable towards) the total amount
of allotments available under this section to the State
in fiscal year 2022 (including payments made to the
State under subsection (n) for fiscal year 2022 as well
as amounts redistributed to the State in fiscal year
2022), multiplied by the allotment increase factor under
paragraph (6) for fiscal year 2023.
“(D) First half ratio.–The first half ratio
described in this subparagraph is the ratio of–
“(i) the sum of–
“(I) the amount made available
under subsection (a)(26)(A); and
“(II) the amount of the
appropriation for such period under
section 3002(b)(2) of the HEALTHY KIDS
Act; to
“(ii) the sum of–
“(I) the amount described in clause
(i); and
“(II) the amount made available
under subsection (a)(26)(B).”.
(2) <<NOTE: Time periods.>> One-time appropriation for
fiscal year 2023.–There is appropriated to the Secretary of
Health and Human Services, out of any money in the Treasury not
otherwise appropriated, $20,200,000,000 to accompany the
allotment made for the period beginning on October 1, 2022, and
ending on March 31, 2023, under paragraph (26)(A) of section
2104(a) of the Social Security Act (42 U.S.C. 1397dd(a)) (as
added by subsection (a)), to remain available until expended.
Such amount shall be used to provide allotments to States under
paragraph (10) of section 2104(m) of such Act (as added by
paragraph (1)) for the first 6 months of fiscal year 2023 in the
same manner as allotments are provided under subsection
(a)(26)(A) of such section 2104 and subject to the same terms
and conditions as apply to the allotments provided from such
subsection (a)(26)(A).

(c) Extension of the Child Enrollment Contingency Fund.–Section
2104(n) of the Social Security Act (42 U.S.C. 1397dd(n)) is amended–
(1) in paragraph (2)–
(A) in subparagraph (A)(ii)–
(i) by striking “2010, 2011, 2012, 2013,
2014, and 2016” and inserting “2010 through
2014, 2016, and 2018 through 2022”; and
(ii) by striking “fiscal year 2015 and fiscal
year 2017” and inserting “fiscal years 2015,
2017, and 2023”; and
(B) in subparagraph (B)–

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(i) by striking “2010, 2011, 2012, 2013,
2014, and 2016” and inserting “2010 through
2014, 2016, and 2018 through 2022”; and
(ii) by striking “fiscal year 2015 and fiscal
year 2017” and inserting “fiscal years 2015,
2017, and 2023”; and
(2) in paragraph (3)(A), in the matter preceding clause (i),
by striking “or a semi-annual allotment period for fiscal year
2015 or 2017” and inserting “or in any of fiscal years 2018
through 2022 (or a semi-annual allotment period for fiscal year
2015, 2017, or 2023)”.

(d) Extension of Qualifying States Option.–
(1) In general.–Section 2105(g)(4) of the Social Security
Act (42 U.S.C. 1397ee(g)(4)) is amended–
(A) in the heading, by striking “through 2017” and
inserting “through 2023”; and
(B) in subparagraph (A), by striking “2017” and
inserting “2023”.
(2) Technical amendments.–Section 2104(f)(2)(B)(ii) of the
Social Security Act (42 U.S.C. 1397dd(f)(2)(B)(ii)), as amended
by section 3201(c) of the CHIP and Public Health Funding
Extension Act (division C of Public Law 115-96), is amended–
(A) in subclause (I), by striking “for the month
(as defined in subclause (II))” and inserting “(as
defined in subclause (II)) for the month”;
(B) in subclause (II), by inserting “, as in effect
on the day before the date of the enactment of the
HEALTHY KIDS Act,” after “section 2105(g)(4)(A)”; and
(C) in subclause (VI)–
(i) by inserting “, as in effect on the day
before the date of the enactment of the HEALTHY
KIDS Act” after “, section 2105(g)(4)”; and
(ii) by inserting “, as so in effect” after
“under section 2105(g)(4)”.

(e) Extension of Express Lane Eligibility Option.–Section
1902(e)(13)(I) of the Social Security Act (42 U.S.C. 1396a(e)(13)(I)) is
amended by striking “2017” and inserting “2023”.
(f) Assurance of Affordability Standard for Children and Families.–
(1) In general.–Section 2105(d)(3) of the Social Security
Act (42 U.S.C. 1397ee(d)(3)) is amended–
(A) in the paragraph heading, by striking “until
october 1, 2019” and inserting “through september 30,
2023”; and
(B) in subparagraph (A), in the matter preceding
clause (i)–
(i) by striking “2019” and inserting
“2023”; and
(ii) <<NOTE: Time period. Applicability.>> by
striking “The preceding sentence shall not be
construed as preventing a State during such
period” and inserting “During the period that
begins on October 1, 2019, and ends on September
30, 2023, the preceding sentence shall only apply
with respect to children in families whose income
does not exceed 300 percent of the poverty line
(as defined in section 2110(c)(5)) applicable to a
family of the size involved.

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The preceding sentences shall not be construed as
preventing a State during any such periods”.
(2) Conforming amendments.–Section 1902(gg)(2) of the
Social Security Act (42 U.S.C. 1396a(gg)(2)) is amended–
(A) in the paragraph heading, by striking “until
october 1, 2019” and inserting “through september 30,
2023”; and
(B) <<NOTE: Time period.>> by striking “September
30, 2019,” and inserting “September 30, 2023 (but
during the period that begins on October 1, 2019, and
ends on September 30, 2023, only with respect to
children in families whose income does not exceed 300
percent of the poverty line (as defined in section
2110(c)(5)) applicable to a family of the size
involved)”.

(g) CHIP Look-Alike Plans.–
(1) Blending risk pools.–Section 2107 of the Social
Security Act (42 U.S.C. 1397gg) is amended by adding at the end
the following:

“(g) Use of Blended Risk Pools.–
“(1) In general.–Nothing in this title (or any other
provision of Federal law) shall be construed as preventing a
State from considering children enrolled in a qualified CHIP
look-alike program and children enrolled in a State child health
plan under this title (or a waiver of such plan) as members of a
single risk pool.
“(2) <<NOTE: Definition.>> Qualified chip look-alike
program.–In this subsection, the term `qualified CHIP look-
alike program’ means a State program–
“(A) under which children who are under the age of
19 and are not eligible to receive medical assistance
under title XIX or child health assistance under this
title may purchase coverage through the State that
provides benefits that are at least identical to the
benefits provided under the State child health plan
under this title (or a waiver of such plan); and
“(B) that is funded exclusively through non-Federal
funds, including funds received by the State in the form
of premiums for the purchase of such coverage.”.
(2) Coverage rule.–
(A) In general.–Section 5000A(f)(1) of the Internal
Revenue Code of 1986 <<NOTE: 26 USC 5000A.>> is amended
in subparagraph (A)(iii), by inserting “or under a
qualified CHIP look-alike program (as defined in section
2107(g) of the Social Security Act)” before the comma
at the end.
(B) <<NOTE: 26 USC 5000A note.>> Effective date.–
The amendment made by subparagraph (A) shall apply with
respect to taxable years beginning after December 31,
2017.

(h) Availability of Unused Fiscal Year 2018 Redistribution
Amounts.–Any amounts that have been redistributed to States under
subsection (f) of section 2104 of the Social Security Act (42 U.S.C.
1397dd) for fiscal year 2018 that are not, or will not be, expended by
the end of that fiscal year shall be–
(1) adjusted by the Secretary before the end of fiscal year
2018 to reflect an updated estimate of shortfalls under
subsection (f)(2)(A) of such section; and
(2) available for redistribution under subsection (f) of
such section for subsequent fiscal years.

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SEC. 3003. EXTENSION OF CERTAIN PROGRAMS AND DEMONSTRATION
PROJECTS.

(a) Childhood Obesity Demonstration Project.–Section 1139A(e)(8) of
the Social Security Act (42 U.S.C. 1320b-9a(e)(8)) is amended–
(1) by striking “and $10,000,000” and inserting “,
$10,000,000”; and
(2) by inserting after “2017” the following: “, and
$30,000,000 for the period of fiscal years 2018 through 2023”.

(b) Pediatric Quality Measures Program.–Section 1139A(i) of the
Social Security Act (42 U.S.C. 1320b-9a(i)) is amended–
(1) by striking “Out of any” and inserting the following:
“(1) In general.–Out of any”;
(2) by striking “there is appropriated for each” and
inserting “there is appropriated–
“(A) for each”;
(3) by striking “, and there is appropriated for the
period” and inserting “;
“(B) for the period”;
(4) by striking “. Funds appropriated under this subsection
shall remain available until expended.” and inserting “;
and”; and
(5) by adding at the end the following:
“(C) <<NOTE: Time period.>> for the period of
fiscal years 2018 through 2023, $90,000,000 for the
purpose of carrying out this section (other than
subsections (e), (f), and (g)).
“(2) Availability.–Funds appropriated under this
subsection shall remain available until expended.”.
SEC. 3004. EXTENSION OF OUTREACH AND ENROLLMENT PROGRAM.

(a) In General.–Section 2113 of the Social Security Act (42 U.S.C.
1397mm) is amended–
(1) in subsection (a)(1), by striking “2017” and inserting
“2023”; and
(2) in subsection (g)–
(A) by striking “and $40,000,000” and inserting
“, $40,000,000”; and
(B) <<NOTE: Time period.>> by inserting after
“2017” the following: “, and $120,000,000 for the
period of fiscal years 2018 through 2023”.

(b) Making Organizations That Use Parent Mentors Eligible To Receive
Grants.–Section 2113(f) of the Social Security Act (42 U.S.C.
1397mm(f)) is amended–
(1) in paragraph (1)(E), by striking “or community-based
doula programs” and inserting “, community-based doula
programs, or parent mentors”; and
(2) by adding at the end the following new paragraph:
“(5) <<NOTE: Definition.>> Parent mentor.–The term
`parent mentor’ means an individual who–
“(A) is a parent or guardian of at least one child
who is an eligible child under this title or title XIX;
and
“(B) is trained to assist families with children
who have no health insurance coverage with respect to
improving the social determinants of the health of such
children, including by providing–
“(i) education about health insurance
coverage, including, with respect to obtaining
such coverage,

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eligibility criteria and application and renewal
processes;
“(ii) assistance with completing and
submitting applications for health insurance
coverage;
“(iii) a liaison between families and
representatives of State plans under title XIX or
State child health plans under this title;
“(iv) guidance on identifying medical and
dental homes and community pharmacies for
children; and
“(v) assistance and referrals to successfully
address social determinants of children’s health,
including poverty, food insufficiency, and
housing.”.

(c) Exclusion From Modified Adjusted Gross Income.–Section 1902(e)
of the Social Security Act (42 U.S.C. 1396a(e)) is amended–
(1) in the first paragraph (14), relating to income
determined using modified adjusted gross income, by adding at
the end the following new subparagraph:
“(J) Exclusion of parent mentor compensation from
income determination.–Any nominal amount received by an
individual as compensation, including a stipend, for
participation as a parent mentor (as defined in
paragraph (5) of section 2113(f)) in an activity or
program funded through a grant under such section shall
be disregarded for purposes of determining the income
eligibility of such individual for medical assistance
under the State plan or any waiver of such plan.”; and
(2) by striking “(14) Exclusion” and inserting “(15)
Exclusion”.
SEC. 3005. <<NOTE: Time period.>> EXTENSION AND REDUCTION OF
ADDITIONAL FEDERAL FINANCIAL
PARTICIPATION FOR CHIP.

Section 2105(b) of the Social Security Act (42 U.S.C. 1397ee(b)) is
amended in the second sentence by inserting “and during the period that
begins on October 1, 2019, and ends on September 30, 2020, the enhanced
FMAP determined for a State for a fiscal year (or for any portion of a
fiscal year occurring during such period) shall be increased by 11.5
percentage points” after “23 percentage points,”.
SEC. 3006. MEDICAID IMPROVEMENT FUND.

Section 1941 of the Social Security Act (42 U.S.C. 1396w-1) is
amended–
(1) in subsection (a), in the first sentence, by inserting
before the period at the end the following: “, and, in
accordance with subsection (b)(3), for the purposes of
subparagraph (B) of such subsection”; and
(2) in subsection (b)–
(A) in paragraph (2)–
(i) in the first sentence, by inserting
“pursuant to paragraph (1)” after “in the
Fund”;
(ii) by inserting after the first sentence the
following sentence: “Amounts in the Fund pursuant
to paragraph (3) shall be available in advance of
appropriations but only if the total amount
obligated from the Fund does not exceed the amount
available to the Fund under such paragraph (3).”;
and

[[Page 132 STAT. 38]]

(iii) in the last sentence, by striking
“sentence” and inserting “sentences”; and
(B) by adding at the end the following new
paragraph:
“(3) Additional funding for state activities relating to
mechanized claims systems.–
“(A) In general.–In addition to the amount made
available under paragraph (1), there shall be available
to the Fund, for expenditures from the Fund in
accordance with subparagraph (B), for fiscal year 2023
and thereafter, $980,000,000, to remain available until
expended.
“(B) <<NOTE: Effective date.>> Purposes.–The
Secretary shall use amounts made available to the Fund
under subparagraph (A) to pay to each State which has a
plan approved under this title, for each quarter
beginning during or after fiscal year 2023 an amount
equal to–
“(i) 100 percent minus the percent specified
in clause (i) of section 1903(a)(3)(A) of so much
of the sums expended by the State during such
quarter as are attributable to the activities
described in such clause;
“(ii) 100 percent minus the Federal medical
assistance percentage applied under clause (iii)
of such section of so much of the sums expended
during such quarter (as found necessary by the
Secretary under such clause) by the State as are
attributable to the activities described in such
clause; and
“(iii) 100 percent minus the percent
specified in section 1903(a)(3)(B) of so much of
the sums expended by the State during such quarter
as are attributable to the activities described in
such section.”.

DIVISION D–SUSPENSION OF CERTAIN HEALTH-RELATED TAXES

SEC. 4001. EXTENSION OF MORATORIUM ON MEDICAL DEVICE EXCISE TAX.

(a) In General.–Section 4191(c) of the Internal Revenue Code of
1986 <<NOTE: 26 USC 4191.>> is amended by striking “December 31,
2017” and inserting “December 31, 2019”.

(b) <<NOTE: 26 USC 4191 note.>> Effective Date.–The amendment made
by this section shall apply to sales after December 31, 2017.
SEC. 4002. DELAY IN IMPLEMENTATION OF EXCISE TAX ON HIGH COST
EMPLOYER-SPONSORED HEALTH COVERAGE.

Section 9001(c) of the Patient Protection and Affordable Care Act is
amended <<NOTE: 26 USC 4980I note.>> by striking “December 31, 2019”
and inserting “December 31, 2021”.
SEC. 4003. SUSPENSION OF ANNUAL FEE ON HEALTH INSURANCE PROVIDERS.

(b) In General.–Section 9010(j) of the Patient Protection and
Affordable Care Act is <<NOTE: 26 USC 4001 note prec.>> amended–
(1) by striking “and” at the end of paragraph (1),
(2) by striking the period at the end of paragraph (2) and
inserting “, and ending before January 1, 2019, and”, and

[[Page 132 STAT. 39]]

(3) by adding at the end the following new paragraph:
“(3) beginning after December 31, 2019.”.

(c) <<NOTE: 26 USC 4001 note prec.>> Effective Date.–The
amendments made by this section shall apply to calendar years beginning
after December 31, 2018.

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.

Approved January 22, 2018.

LEGISLATIVE HISTORY–H.R. 195:
—————————————————————————

HOUSE REPORTS: No. 115-128, Pt. 1 (Comm. on Oversight and Government
Reform).
SENATE REPORTS: No. 115-184 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD:
Vol. 163 (2017):
May 17, considered and passed House.
Dec. 21, considered and passed
Senate, amended.
Vol. 164 (2018):
Jan. 18, House concurred in Senate
amendment with an amendment.
Senate considered concurring in
House amendment.
Jan. 19-21, Senate further
considered concurring in House
amendment.
Jan. 22, Senate concurred in House
amendment with an amendment.
House concurred in Senate
amendment.

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