[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 125 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. J. RES. 125
Making an extension of continuing appropriations for fiscal year 2018,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 16, 2018
Mr. Frelinghuysen submitted the following joint resolution; which was
referred to the Committee on Appropriations, and in addition to the
Committees on Ways and Means, and the Budget, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
JOINT RESOLUTION
Making an extension of continuing appropriations for fiscal year 2018,
and for other purposes.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled,
DIVISION 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) and
inserting ``February 16, 2018''; and
(2) by adding after section 147 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 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. 2002. The Further Additional Continuing Appropriations Act,
2018 (division A of Public Law 115-96) is amended by striking section
1002.
This division may be cited as the ``Extension of Continuing
Appropriations Act, 2018''.
DIVISION 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; and
(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) 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
(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) 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) 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) 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) 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)--
(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) 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. 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) 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) 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 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) 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.
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) 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) 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) 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, 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. 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
(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) 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 is amended by striking ``December 31, 2017'' and inserting
``December 31, 2019''.
(b) 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 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 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
(3) by adding at the end the following new paragraph:
``(3) beginning after December 31, 2019.''.
(c) 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.
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