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(This measure has not been amended since it was passed by the House on December 7, 2017. The summary of that version is repeated here.)
DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2018
Further Continuing Appropriations Act, 2018
(Sec. 101) This division amends the Continuing Appropriations Act, 2018 to extend the expiration date of the FY2018 Continuing Resolution (CR) from December 8, 2017, to December 22, 2017. The division provides continuing appropriations for federal agencies through the earlier of December 22, 2017, or the enactment of the applicable appropriations legislation. It prevents a government shutdown that would otherwise occur when the existing CR expires because none of the 12 FY2018 regular appropriations bills that fund the federal government have been enacted.
DIVISION B--CHILDREN'S HEALTH INSURANCE PROGRAM (CHIP) ALLOCATION REDISTRIBUTION SPECIAL RULE
(Sec. 201) This division amends title XXI (Children's Health Insurance Program [CHIP]) of the Social Security Act to establish a special rule, with respect to the first quarter of FY2018, for the redistribution of unused CHIP allotments to state child health plans experiencing emergency shortfalls. Specifically, the Centers for Medicare & Medicaid Services (CMS) must redistribute unused allotments to each such state in an amount equal to the state's emergency shortfall before the CMS may redistribute the allotments to any state that is experiencing a nonemergency shortfall.
the third day of January, two thousand and seventeen
Making further continuing appropriations for fiscal year 2018, and for other purposes.
The Continuing Appropriations Act, 2018 (division D of Public Law 115–56) is amended by striking the date specified in section 106(3) and inserting “December 22, 2017”.
This division may be cited as the “Further Continuing Appropriations Act, 2018”.
SEC. 201. CHIP ALLOCATION REDISTRIBUTION SPECIAL RULE FOR CERTAIN SHORTFALL STATES DURING FIRST QUARTER OF FISCAL YEAR 2018.
Section 2104(f)(2) of the Social Security Act (42 U.S.C. 1397dd(f)(2)) is amended—
(1) by amending subparagraph (B) to read as follows:
“(i) PRORATION RULE.—Subject to clause (ii), if the amounts available for redistribution under paragraph (1) for a fiscal year are less than the total amounts of the estimated shortfalls determined for the year under subparagraph (A), the amount to be redistributed under such paragraph for each shortfall State shall be reduced proportionally.
“(I) IN GENERAL.—For the period beginning on October 1, 2017, and ending December 31, 2017, with respect to any amounts available for redistribution under paragraph (1) for fiscal year 2018, the Secretary shall redistribute under such paragraph such amounts to each emergency shortfall State (as defined in subclause (II)) in such amount as is equal to the amount of the shortfall described in subclause (II) for such State and period (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 the period beginning October 1, 2017, and ending December 31, 2017, a shortfall State for which the Secretary estimates, in accordance with subparagraph (A) (unless otherwise specified in this subclause), 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 period will exceed the sum of the amounts described in clauses (i) through (iii) of subparagraph (A) for such period, including after application of any amount redistributed under paragraph (1) before such date of enactment to such State. A shortfall State may be an emergency shortfall State under the previous sentence without regard to whether any amounts were redistributed before such date of enactment to such State under paragraph (1) for fiscal year 2018.
“(III) APPLICATION OF QUALIFYING STATE OPTION.—During the period described in subclause (I), section 2105(g)(4) shall apply to a qualifying State (as defined in section 2105(g)(2)) as if under section 2105(g)(4)—
“(aa) the reference to ‘2017’ were a reference to ‘2018’; and
“(bb) the reference to ‘under subsections (e) and (m) of such section’ were a reference to ‘under subsections (e), (f), and (m) of such section’.”; and
(2) by adding at the end the following new subparagraph:
“(D) RULE OF CONSTRUCTION.—Nothing in this paragraph may be construed as preventing a commonwealth or territory described in subsection (c)(3) from being treated as a shortfall State or an emergency shortfall State.”.