[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1892 Enrolled Bill (ENR)]
H.R.1892
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To amend title 4, United States Code, to provide for the flying of the
flag at half-staff in the event of the death of a first responder in the
line of duty.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bipartisan Budget Act of 2018''.
DIVISION A--HONORING HOMETOWN HEROES ACT
SECTION 10101. SHORT TITLE.
This division may be cited as the ``Honoring Hometown Heroes Act''.
SEC. 10102. PERMITTING THE FLAG TO BE FLOWN AT HALF-STAFF IN THE EVENT
OF THE DEATH OF A FIRST RESPONDER SERVING IN THE LINE OF DUTY.
(a) Amendment.--The sixth sentence of section 7(m) of title 4,
United States Code, is amended--
(1) by striking ``or'' after ``possession of the United
States'' and inserting a comma;
(2) by inserting ``or the death of a first responder working in
any State, territory, or possession who dies while serving in the
line of duty,'' after ``while serving on active duty,'';
(3) by striking ``and'' after ``former officials of the
District of Columbia'' and inserting a comma; and
(4) by inserting before the period the following: ``, and first
responders working in the District of Columbia''.
(b) First Responder Defined.--Such subsection is further amended--
(1) in paragraph (2), by striking ``, United States Code; and''
and inserting a semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) the term `first responder' means a `public safety
officer' as defined in section 1204 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10284).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to deaths of first responders occurring on or after
the date of the enactment of this Act.
DIVISION B--SUPPLEMENTAL APPROPRIATIONS, TAX RELIEF, AND MEDICAID
CHANGES RELATING TO CERTAIN DISASTERS AND FURTHER EXTENSION OF
CONTINUING APPROPRIATIONS
Subdivision 1--Further Additional Supplemental Appropriations for
Disaster Relief Requirements Act, 2018
The following sums in this subdivision 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
DEPARTMENT OF AGRICULTURE
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Office of the Secretary
For an additional amount for the ``Office of the Secretary'',
$2,360,000,000, which shall remain available until December 31, 2019,
for necessary expenses related to crops, trees, bushes, and vine losses
related to the consequences of Hurricanes Harvey, Irma, Maria, and
other hurricanes and wildfires occurring in calendar year 2017 under
such terms and conditions as determined by the Secretary: Provided,
That the Secretary may provide assistance for such losses in the form
of block grants to eligible states and territories: Provided further,
That the total amount of payments received under this heading and
applicable policies of crop insurance under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.) or the Noninsured Crop Disaster Assistance
Program (NAP) under section 196 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7333) shall not exceed 85 percent of
the loss as determined by the Secretary: Provided further, That the
total amount of payments received under this heading for producers who
did not obtain a policy or plan of insurance for an insurable commodity
for the 2017 crop year, or 2018 crop year as applicable, under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the crop
incurring the losses or did not file the required paperwork and pay the
service fee by the applicable State filing deadline for a noninsurable
commodity for the 2017 crop year, or 2018 crop year as applicable,
under NAP for the crop incurring the losses shall not exceed 65 percent
of the loss as determined by the Secretary: Provided further, That
producers receiving payments under this heading, as determined by the
Secretary, shall be required to purchase crop insurance where crop
insurance is available for the next two available crop years, and
producers receiving payments under this heading shall be required to
purchase coverage under NAP where crop insurance is not available in
the next two available crop years, as determined by the Secretary:
Provided further, That, not later than 90 days after the end of fiscal
year 2018, the Secretary shall submit a report to the Congress
specifying the type, amount, and method of such assistance by state and
territory and the status of the amounts obligated and plans for further
expenditure and include improvements that can be made to Federal Crop
Insurance policies, either administratively or legislatively, to
increase participation, particularly among underserved producers, in
higher levels of coverage in future years for crops qualifying for
assistance under this heading: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Office of Inspector General
For an additional amount for ``Office of Inspector General'',
$2,500,000, to remain available until expended, for oversight and audit
of programs, grants, and activities funded by this subdivision and
administered by the Department of Agriculture: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Agricultural Research Service
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$22,000,000, to remain available until expended, for necessary expenses
related to the consequences of Hurricanes Harvey, Irma, and Maria:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Farm Service Agency
emergency conservation program
For an additional amount for the ``Emergency Conservation
Program'', for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria and of wildfires occurring in
calendar year 2017, and other natural disasters, $400,000,000, to
remain available until expended: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood Prevention
Operations'', for necessary expenses for the Emergency Watershed
Protection Program related to the consequences of Hurricanes Harvey,
Irma, and Maria and of wildfires occurring in calendar year 2017, and
other natural disasters, $541,000,000, to remain available until
expended: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
RURAL DEVELOPMENT PROGRAMS
Rural Housing Service
rural housing insurance fund program account
For an additional amount for ``Rural Housing Insurance Fund Program
Account'', $18,672,000, to remain available until September 30, 2019,
for the cost of direct loans, including the cost of modifying loans as
defined in section 502 of the Congressional Budget Act of 1974, for the
rehabilitation of section 515 rental housing (42 U.S.C. 1485) in areas
impacted by Hurricanes Harvey, Irma, and Maria where owners were not
required to carry national flood insurance: Provided, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Rural Utilities Service
rural water and waste disposal program account
For an additional amount for the ``Rural Water and Waste Disposal
Program Account'', $165,475,000, to remain available until expended,
for grants to repair drinking water systems and sewer and solid waste
disposal systems impacted by Hurricanes Harvey, Irma, and Maria:
Provided, That not to exceed $2,000,000 of the amount appropriated
under this heading shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(22) of the
Consolidated Farm and Rural Development Act: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
DOMESTIC FOOD PROGRAMS
Food and Nutrition Service
special supplemental nutrition program for women, infants, and children
(wic)
For an additional amount for the ``Special Supplemental Nutrition
Program for Women, Infants, and Children'', $14,000,000, to remain
available until September 30, 2019, for infrastructure grants to the
Commonwealth of Puerto Rico and the U.S. Virgin Islands to assist in
the repair and restoration of buildings, equipment, technology, and
other infrastructure damaged as a consequence of Hurricanes Irma and
Maria: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
commodity assistance program
For an additional amount for ``Commodity Assistance Program'' for
the emergency food assistance program as authorized by section 27(a) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section
204(a)(1) of the Emergency Food Assistance Act of 1983 (7 U.S.C.
7508(a)(1)), $24,000,000, to remain available until September 30, 2019,
for necessary expenses of those jurisdictions that received a major
disaster or emergency declaration pursuant to section 401 or 501,
respectively, of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170, 5191) related to the consequences of
Hurricanes Harvey, Irma, and Maria or due to wildfires in 2017:
Provided, That notwithstanding any other provisions of the Emergency
Food Assistance Act of 1983, the Secretary of Agriculture may provide
resources to Puerto Rico, the Virgin Islands of the United States, and
affected States, as determined by the Secretary, to assist affected
families and individuals without regard to sections 204 and 214 of such
Act (7 U.S.C. 7508, 7515) by allocating additional foods and funds for
administrative expenses from resources specifically appropriated,
transferred, or reprogrammed: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
buildings and facilities
(including transfer of funds)
For an additional amount for ``Buildings and Facilities'',
$7,600,000, to remain available until expended, for necessary expenses
related to the consequences of Hurricanes Harvey, Irma, and Maria:
Provided, That such amount may be transferred to ``Department of Health
and Human Services--Food and Drug Administration--Salaries and
Expenses'' for costs related to repair of facilities, for replacement
of equipment, and for other increases in facility-related costs:
Provided further, That obligations incurred for the purposes provided
herein prior to the date of enactment of this subdivision may be
charged to funds appropriated by this paragraph: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISION--THIS TITLE
Sec. 20101. (a) Section 1501(b) of the Agricultural Act of 2014 (7
U.S.C. 9081(b)) is amended--
(1) in paragraph (1), in the matter before subparagraph (A), by
inserting ``sold livestock for a reduced sale price, or both''
after ``normal mortality,'';
(2) in paragraph (2), by striking ``applicable livestock on the
day before the date of death of the livestock, as determined by the
Secretary.'' and inserting the following:
``affected livestock, as determined by the Secretary, on, as
applicable--
``(A) the day before the date of death of the livestock; or
``(B) the day before the date of the event that caused the
harm to the livestock that resulted in a reduced sale price.'';
and
(3) by adding at the end the following new paragraph:
``(4) A payment made under paragraph (1) to an eligible
producer on a farm that sold livestock for a reduced sale price
shall--
``(A) be made if the sale occurs within a reasonable period
following the event, as determined by the Secretary; and
``(B) be reduced by the amount that the producer received
for the sale.''.
(b) Section 1501(d)(1) of the Agricultural Act of 2014 (7 U.S.C.
9081(d)(1)) is amended by striking ``not more than $20,000,000 of''.
(c) Section 1501(e)(4)(C) of the Agricultural Act of 2014 (7 U.S.C.
9081(e)(4)(C)) is amended by striking ``500 acres'' and inserting
``1,000 acres''.
(d) Section 1501 of the Agricultural Act of 2014 (7 U.S.C. 9081) is
amended--
(1) in subsection (e)(4)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C), as amended by
subsection (c), as subparagraph (B); and
(2) in subsection (f)(2), by striking ``subsection (e)'' and
inserting ``subsections (b) and (e)''.
(e) Section 1501 of the Agricultural Act of 2014 (7 U.S.C. 9081),
as amended by this section, shall apply with respect to losses
described in such section 1501 incurred on or after January 1, 2017.
(f) The amounts provided by subsections (a) through (e) for fiscal
year 2018 are designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
TITLE II
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
(including transfers of funds)
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount for
``Economic Development Assistance Programs'' for necessary expenses
related to flood mitigation, disaster relief, long-term recovery, and
restoration of infrastructure in areas that received a major disaster
designation as a result of Hurricanes Harvey, Irma, and Maria, and of
wildfires and other natural disasters occurring in calendar year 2017
under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.), $600,000,000, to remain available until
expended: Provided, That the amount provided under this heading is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That within
the amount appropriated, up to 2 percent of funds may be transferred to
the ``Salaries and Expenses'' account for administration and oversight
activities: Provided further, That within the amount appropriated,
$1,000,000 shall be transferred to the ``Office of Inspector General''
account for carrying out investigations and audits related to the
funding provided under this heading.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, $120,904,000, to remain available
until September 30, 2019, as follows:
(1) $12,904,000 for repair and replacement of observing assets,
Federal real property, and equipment;
(2) $18,000,000 for marine debris assessment and removal;
(3) $40,000,000 for mapping, charting, and geodesy services;
and
(4) $50,000,000 to improve weather forecasting, hurricane
intensity forecasting and flood forecasting and mitigation
capabilities, including data assimilation from ocean observing
platforms and satellites:
Provided, That the amount provided under this heading is designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That the National Oceanic and
Atmospheric Administration shall submit a spending plan to the
Committees on Appropriations of the House of Representatives and the
Senate within 45 days after the date of enactment of this subdivision.
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, $79,232,000, to remain available
until September 30, 2020, as follows:
(1) $29,232,000 for repair and replacement of Federal real
property and observing assets; and
(2) $50,000,000 for improvements to operational and research
weather supercomputing infrastructure and for improvement of
satellite ground services used in hurricane intensity and track
prediction:
Provided, That the amount provided under this heading is designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That the National Oceanic and
Atmospheric Administration shall submit a spending plan to the
Committees on Appropriations of the House of Representatives and the
Senate within 45 days after the date of enactment of this subdivision.
fisheries disaster assistance
For an additional amount for ``Fisheries Disaster Assistance'' for
necessary expenses associated with the mitigation of fishery disasters,
$200,000,000, to remain available until expended: Provided, That funds
shall be used for mitigating the effects of commercial fishery failures
and fishery resource disasters declared by the Secretary of Commerce in
calendar year 2017, as well those declared by the Secretary to be a
direct result of Hurricanes Harvey, Irma, or Maria: Provided further,
That the amount provided under this heading is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
DEPARTMENT OF JUSTICE
United States Marshals Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $2,500,000: Provided, That the amount provided under
this heading is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $21,200,000: Provided, That the amount provided under
this heading is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $11,500,000: Provided, That the amount provided under
this heading is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Federal Prison System
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $16,000,000: Provided, That the amount provided under
this heading is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
buildings and facilities
For an additional amount for ``Buildings and Facilities'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $34,000,000, to remain available until expended:
Provided, That the amount provided under this heading is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
SCIENCE
National Aeronautics and Space Administration
construction and environmental compliance and restoration
For an additional amount for ``Construction and Environmental
Compliance and Restoration'' for repairs at National Aeronautics and
Space Administration facilities damaged by hurricanes during 2017,
$81,300,000, to remain available until expended: Provided, That the
amount provided under this heading is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
National Science Foundation
research and related activities
For an additional amount for ``Research and Related Activities''
for necessary expenses to repair National Science Foundation radio
observatory facilities damaged by hurricanes that occurred during 2017,
$16,300,000, to remain available until expended: Provided, That the
amount provided under this heading is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That the National Science Foundation shall submit a
spending plan to the Committees on Appropriations of the House of
Representatives and the Senate within 45 days after the date of
enactment of this subdivision.
RELATED AGENCIES
Legal Services Corporation
payment to the legal services corporation
For an additional amount for ``Payment to the Legal Services
Corporation'' to carry out the purposes of the Legal Services
Corporation Act by providing for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria and of the calendar
year 2017 wildfires, $15,000,000: Provided, That the amount made
available under this heading shall be used only to provide the mobile
resources, technology, and disaster coordinators necessary to provide
storm-related services to the Legal Services Corporation client
population and only in the areas significantly affected by Hurricanes
Harvey, Irma, and Maria and by the calendar year 2017 wildfires:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That none of the funds appropriated in this
subdivision to the Legal Services Corporation shall be expended for any
purpose prohibited or limited by, or contrary to any of the provisions
of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105-119,
and all funds appropriated in this subdivision to the Legal Services
Corporation shall be subject to the same terms and conditions set forth
in such sections, except that all references in sections 502 and 503 to
1997 and 1998 shall be deemed to refer instead to 2017 and 2018,
respectively, and except that sections 501 and 503 of Public Law 104-
134 (referenced by Public Law 105-119) shall not apply to the amount
made available under this heading: Provided further, That, for the
purposes of this subdivision, the Legal Services Corporation shall be
considered an agency of the United States Government.
GENERAL PROVISION--THIS TITLE
Sec. 20201. (a) In recognition of the consistency of the Mid-
Barataria Sediment Diversion, Mid-Breton Sound Sediment Diversion, and
Calcasieu Ship Channel Salinity Control Measures projects, as selected
by the 2017 Louisiana Comprehensive Master Plan for a Sustainable
Coast, with the findings and policy declarations in section 2(6) of the
Marine Mammal Protection Act (16 U.S.C. 1361 et seq., as amended)
regarding maintaining the health and stability of the marine ecosystem,
within 120 days of the enactment of this section, the Secretary of
Commerce shall issue a waiver pursuant to section 101(a)(3)(A) and this
section to section 101(a) and section 102(a) of the Act, for such
projects that will remain in effect for the duration of the
construction, operations and maintenance of the projects. No
rulemaking, permit, determination, or other condition or limitation
shall be required when issuing a waiver pursuant to this section.
(b) Upon issuance of a waiver pursuant to this section, the State
of Louisiana shall, in consultation with the Secretary of Commerce:
(1) To the extent practicable and consistent with the purposes
of the projects, minimize impacts on marine mammal species and
population stocks; and
(2) Monitor and evaluate the impacts of the projects on such
species and population stocks.
TITLE III
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$20,110,000, for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria: Provided, That such amount is
designated by the Congress as being for 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, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$267,796,000, for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria: Provided, That such amount is
designated by the Congress as being for 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, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $17,920,000, for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria: Provided, That
such amount is designated by the Congress as being for 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'', $20,916,000, for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria: Provided, That
such amount is designated by the Congress as being for 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'', $2,650,000, for necessary expenses related to the consequences
of Hurricanes Harvey, Irma, and Maria: Provided, That such amount is
designated by the Congress as being for 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, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $12,500,000, for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria: Provided, That
such amount is designated by the Congress as being for 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, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $2,922,000, for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria: Provided, That
such amount is designated by the Congress as being for 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 Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $5,770,000, for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria: Provided, That
such amount is designated by the Congress as being for 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, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $55,471,000, for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
PROCUREMENT
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy''
$18,000,000, to remain available until September 30, 2020, for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'' for
the Navy Working Capital Fund, $9,486,000, for necessary expenses
related to the consequences of Hurricanes Harvey, Irma, and Maria:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for operation and maintenance for
``Defense Health Program'', $704,000, for necessary expenses related to
the consequences of Hurricanes Harvey, Irma, and Maria: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
TITLE IV
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
investigations
For an additional amount for ``Investigations'' for necessary
expenses related to the completion, or initiation and completion, of
flood and storm damage reduction, including shore protection, studies
which are currently authorized or which are authorized after the date
of enactment of this subdivision, to reduce risk from future floods and
hurricanes, at full Federal expense, $135,000,000, to remain available
until expended: Provided, That of such amount, not less than
$75,000,000 is available for such studies in States and insular areas
that were impacted by Hurricanes Harvey, Irma, and Maria: Provided
further, That funds made available under this heading shall be for
high-priority studies of projects in States and insular areas with more
than one flood-related major disaster declared pursuant to the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) in calendar years 2014, 2015, 2016, or 2017: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That the Assistant Secretary of the Army for Civil Works shall
provide a monthly report to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of these funds, including new studies selected to be
initiated using funds provided under this heading, beginning not later
than 60 days after the enactment of this subdivision.
construction
For an additional amount for ``Construction'' for necessary
expenses to address emergency situations at Corps of Engineers
projects, and to construct, and rehabilitate and repair damages caused
by natural disasters, to Corps of Engineers projects, $15,055,000,000,
to remain available until expended: Provided, That of such amount,
$15,000,000,000 is available to construct flood and storm damage
reduction, including shore protection, projects which are currently
authorized or which are authorized after the date of enactment of this
subdivision, and flood and storm damage reduction, including shore
protection, projects which have signed Chief's Reports as of the date
of enactment of this subdivision or which are studied using funds
provided under the heading ``Investigations'' if the Secretary
determines such projects to be technically feasible, economically
justified, and environmentally acceptable, in States and insular areas
with more than one flood-related major disaster declared pursuant to
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) in calendar years 2014, 2015, 2016, or 2017:
Provided further, That of the amounts in the preceding proviso, not
less than $10,425,000,000 shall be available for such projects within
States and insular areas that were impacted by Hurricanes Harvey, Irma,
and Maria: Provided further, That all repair, rehabilitation, study,
design, and construction of Corps of Engineers projects in Puerto Rico
and the United States Virgin Islands, using funds provided under this
heading, shall be conducted at full Federal expense: Provided further,
That for projects receiving funding under this heading, the provisions
of section 902 of the Water Resources Development Act of 1986 shall not
apply to these funds: Provided further, That the completion of ongoing
construction projects receiving funds provided under this heading shall
be at full Federal expense with respect to such funds: Provided
further, That using funds provided under this heading, the non-Federal
cash contribution for projects eligible for funding pursuant to the
first proviso shall be financed in accordance with the provisions of
section 103(k) of Public Law 99-662 over a period of 30 years from the
date of completion of the project or separable element: Provided
further, That up to $50,000,000 of the funds made available under this
heading shall be used for continuing authorities projects to reduce the
risk of flooding and storm damage: Provided further, That any projects
using funds appropriated under this heading shall be initiated only
after non-Federal interests have entered into binding agreements with
the Secretary requiring, where applicable, the non-Federal interests to
pay 100 percent of the operation, maintenance, repair, replacement, and
rehabilitation costs of the project and to hold and save the United
States free from damages due to the construction or operation and
maintenance of the project, except for damages due to the fault or
negligence of the United States or its contractors: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That the Assistant Secretary of the Army for Civil Works shall
provide a monthly report to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of these funds, beginning not later than 60 days after the
enactment of this subdivision.
mississippi river and tributaries
For an additional amount for ``Mississippi River and Tributaries''
for necessary expenses to address emergency situations at Corps of
Engineers projects, and to construct, and rehabilitate and repair
damages to Corps of Engineers projects, caused by natural disasters,
$770,000,000, to remain available until expended: Provided, That of
such amount, $400,000,000 is available to construct flood and storm
damage reduction projects which are currently authorized or which are
authorized after the date of enactment of this subdivision: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That the Assistant Secretary of the Army for Civil Works shall
provide a monthly report to the Committees on Appropriations of the
House of Representatives and the Senate detailing the allocation and
obligation of these funds, beginning not later than 60 days after the
enactment of this subdivision.
operation and maintenance
For an additional amount for ``Operation and Maintenance'' for
necessary expenses to dredge Federal navigation projects in response
to, and repair damages to Corps of Engineers Federal projects caused
by, natural disasters, $608,000,000, to remain available until
expended, of which such sums as are necessary to cover the Federal
share of eligible operation and maintenance costs for coastal harbors
and channels, and for inland harbors shall be derived from the Harbor
Maintenance Trust Fund: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided further, That the Assistant Secretary of the
Army for Civil Works shall provide a monthly report to the Committees
on Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of these funds, beginning not
later than 60 days after the enactment of this subdivision.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), for necessary expenses to prepare for flood,
hurricane and other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters, as
authorized by law, $810,000,000, to remain available until expended:
Provided, That funding utilized for authorized shore protection
projects shall restore such projects to the full project profile at
full Federal expense: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That the Assistant Secretary of
the Army for Civil Works shall provide a monthly report to the
Committees on Appropriations of the House of Representatives and the
Senate detailing the allocation and obligation of these funds,
beginning not later than 60 days after the enactment of this
subdivision.
expenses
For an additional amount for ``Expenses'' for necessary expenses to
administer and oversee the obligation and expenditure of amounts
provided in this title for the Corps of Engineers, $20,000,000, to
remain available until expended: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That the
Assistant Secretary of the Army for Civil Works shall provide a monthly
report to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and obligation
of these funds, beginning not later than 60 days after enactment of
this subdivision.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Electricity Delivery and Energy Reliability
For an additional amount for ``Electricity Delivery and Energy
Reliability'', $13,000,000, to remain available until expended, for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, including technical assistance related to electric
grids: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Strategic Petroleum Reserve
For an additional amount for ``Strategic Petroleum Reserve'',
$8,716,000, to remain available until expended, for necessary expenses
related to damages caused by Hurricanes Harvey, Irma, and Maria:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 20401. In fiscal year 2018, and each fiscal year thereafter,
the Chief of Engineers of the U.S. Army Corps of Engineers shall
transmit to the Congress, after reasonable opportunity for comment, but
without change, by the Assistant Secretary of the Army for Civil Works,
a monthly report, the first of which shall be transmitted to Congress
not later than 2 days after the date of enactment of this subdivision
and monthly thereafter, which includes detailed estimates of damages to
each Corps of Engineers project, caused by natural disasters or
otherwise.
Sec. 20402. From the unobligated balances of amounts made
available to the U.S. Army Corps of Engineers, $518,900,000 under the
heading ``Corps of Engineers--Civil, Flood Control and Coastal
Emergencies'' and $210,000,000 under the heading ``Corps of Engineers--
Civil, Operations and Maintenance'' in title X of the Disaster Relief
Appropriations Act, 2013 (Public Law 113-2; 127 Stat. 25) shall be
transferred to ``Corps of Engineers--Civil, Construction'', to remain
available until expended, to rehabilitate, repair and construct Corps
of Engineers projects: Provided, That those projects may only include
construction expenses, including cost sharing, as described under the
heading ``Corps of Engineers--Civil, Construction'' in title X of that
Act or other construction expenses related to the consequences of
Hurricane Sandy: Provided further, That amounts transferred pursuant
to this section that were previously designated by the Congress as an
emergency requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act are 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: Provided further, That the
Assistant Secretary of the Army for Civil Works shall provide a monthly
report to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and obligation
of these funds, beginning not later than 60 days after the enactment of
this subdivision.
TITLE V
INDEPENDENT AGENCIES
General Services Administration
real property activities
federal buildings fund
For an additional amount to be deposited in the ``Federal Buildings
Fund'', $126,951,000, to remain available until expended, for necessary
expenses related to the consequences of Hurricanes Harvey, Maria, and
Irma for repair and alteration of buildings under the custody and
control of the Administrator of General Services, and real property
management and related activities not otherwise provided for:
Provided, That funds may be used to reimburse the ``Federal Buildings
Fund'' for obligations incurred for this purpose prior to enactment of
this subdivision: Provided further, That not more than $15,000,000
shall be available for tenant improvements in damaged U.S. courthouses:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Small Business Administration
office of inspector general
For an additional amount for the ``Office of Inspector General'',
$7,000,000, to remain available until expended: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
disaster loans program account
(including transfer of funds)
For an additional amount for the ``Disaster Loans Program Account''
for the cost of direct loans authorized by section 7(b) of the Small
Business Act, $1,652,000,000, to remain available until expended:
Provided, That up to $618,000,000 may be transferred to and merged with
``Salaries and Expenses'' for administrative expenses to carry out the
disaster loan program authorized by section 7(b) of the Small Business
Act: Provided further, That none of the funds provided under this
heading may be used for indirect administrative expenses: Provided
further, That the amount provided under this heading is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of Inspector General
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $25,000,000, to remain available until September 30,
2020, for audits and investigations of activities funded by this title:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $104,494,000, to remain available until September 30,
2019: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That not more than $39,400,000 may be used to carry
out U.S. Customs and Border Protection activities in fiscal year 2018
in Puerto Rico and the United States Virgin Islands, in addition to any
other amounts available for such purposes.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, including for the reconstruction of
facilities affected, $45,000,000, to remain available until September
30, 2022: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That funds are provided to carry out U.S. Customs and
Border Protection activities in Puerto Rico and the United States
Virgin Islands, in addition to any other amounts available for such
purposes.
U.S. Immigration and Customs Enforcement
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $30,905,000, to remain available until September 30,
2019: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, $33,052,000, to remain available
until September 30, 2022: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Transportation Security Administration
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $10,322,000, to remain available until September 30,
2019: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Coast Guard
operating expenses
For an additional amount for ``Operating Expenses'' for necessary
expenses related to the consequences of Hurricanes Harvey, Irma, and
Maria, $112,136,000, to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
environmental compliance and restoration
For an additional amount for ``Environmental Compliance and
Restoration'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, $4,038,000, to remain available
until September 30, 2022: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
acquisition, construction, and improvements
For an additional amount for Acquisition, Construction, and
Improvements'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, Maria, and Matthew, $718,919,000, to remain
available until September 30, 2022: Provided, That, not later than 60
days after enactment of this subdivision, the Secretary of Homeland
Security, or her designee, shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a
detailed expenditure plan for funds appropriated under this heading:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Federal Emergency Management Agency
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $58,800,000, to remain available until September 30,
2019: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, $1,200,000, to remain available
until September 30, 2020: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
disaster relief fund
For an additional amount for ``Disaster Relief Fund'' for major
disasters declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $23,500,000,000,
to remain available until expended: Provided, That the Administrator
of the Federal Emergency Management Agency shall publish on the
Agency's website not later than 5 days after an award of a public
assistance grant under section 406 or 428 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172 or 5189f)
that is in excess of $1,000,000, the specifics of each such grant
award: Provided further, That for any mission assignment or mission
assignment task order to another Federal department or agency regarding
a major disaster in excess of $1,000,000, not later than 5 days after
the issuance of such mission assignment or mission assignment task
order, the Administrator shall publish on the Agency's website the
following: the name of the impacted State, the disaster declaration for
such State, the assigned agency, the assistance requested, a
description of the disaster, the total cost estimate, and the amount
obligated: Provided further, That not later than 10 days after the
last day of each month until a mission assignment or mission assignment
task order described in the preceding proviso is completed and closed
out, the Administrator shall update any changes to the total cost
estimate and the amount obligated: Provided further, That for a
disaster declaration related to Hurricanes Harvey, Irma, or Maria, the
Administrator shall submit to the Committees on Appropriations of the
House of Representatives and the Senate, not later than 5 days after
the first day of each month beginning after the date of enactment of
this subdivision, and shall publish on the Agency's website, not later
than 10 days after the first day of each such month, an estimate or
actual amount, if available, for the current fiscal year of the cost of
the following categories of spending: public assistance, individual
assistance, operations, mitigation, administrative, and any other
relevant category (including emergency measures and disaster
resources): Provided, further, That not later than 10 days after the
first day of each month, the Administrator shall publish on the
Agency's website the report (referred to as the Disaster Relief Monthly
Report) as required by Public Law 114-4: Provided further, That of the
amounts provided under this heading for the Disaster Relief Fund, up to
$150,000,000 shall be transferred to the Disaster Assistance Direct
Loan Program Account for the cost to lend a territory or possession of
the United States that portion of assistance for which the territory or
possession is responsible under the cost-sharing provisions of the
major disaster declaration for Hurricanes Irma or Maria, as authorized
under section 319 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5162): Provided further, That of
the amount provided under this paragraph for transfer, up to $1,000,000
may be transferred to the Disaster Assistance Direct Loan Program
Account for administrative expenses to carry out the Advance of Non-
Federal Share program, as authorized by section 319 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162):
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
Federal Law Enforcement Training Centers
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $5,374,000, to remain available until September 30,
2019: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, $5,000,000, to remain available
until September 30, 2022: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 20601. The Administrator of the Federal Emergency Management
Agency may provide assistance, pursuant to section 428 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), for critical services as defined in section 406 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act for the
duration of the recovery for incidents DR-4336-PR, DR-4339-PR, DR-4340-
USVI, and DR-4335-USVI to--
(1) replace or restore the function of a facility or system to
industry standards without regard to the pre-disaster condition of
the facility or system; and
(2) replace or restore components of the facility or system not
damaged by the disaster where necessary to fully effectuate the
replacement or restoration of disaster-damaged components to
restore the function of the facility or system to industry
standards.
Sec. 20602. Notwithstanding section 404 or 420 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c
and 8187), for fiscal years 2017 and 2018, the President shall provide
hazard mitigation assistance in accordance with such section 404 in any
area in which assistance was provided under such section 420.
Sec. 20603. The third proviso of the second paragraph in title I
of Public Law 115-72 under the heading ``Federal Emergency Management
Agency--Disaster Relief Fund'' shall be amended by striking ``180
days'' and inserting ``365 days'': Provided, That amounts repurposed
pursuant to this section that were previously designated by the
Congress as an emergency requirement pursuant to the Balanced Budget
and Emergency Deficit Control Act are 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.
Sec. 20604. (a) Definition of Private Nonprofit Facility.--Section
102(11)(B) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122(11)(B)) is amended to read as follows:
``(A) In general.--The term `private nonprofit facility'
means private nonprofit educational (without regard to the
religious character of the facility), utility, irrigation,
emergency, medical, rehabilitational, and temporary or
permanent custodial care facilities (including those for the
aged and disabled) and facilities on Indian reservations, as
defined by the President.
``(B) Additional facilities.--In addition to the facilities
described in subparagraph (A), the term `private nonprofit
facility' includes any private nonprofit facility that provides
essential social services to the general public (including
museums, zoos, performing arts facilities, community arts
centers, community centers, libraries, homeless shelters,
senior citizen centers, rehabilitation facilities, shelter
workshops, broadcasting facilities, houses of worship, and
facilities that provide health and safety services of a
governmental nature), as defined by the President. No house of
worship may be excluded from this definition because leadership
or membership in the organization operating the house of
worship is limited to persons who share a religious faith or
practice.''.
(b) Repair, Restoration, and Replacement of Damaged Facilities.--
Section 406(a)(3) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(a)(3)) is amended by adding at
the end the following:
``(C) Religious facilities.--A church, synagogue, mosque,
temple, or other house of worship, educational facility, or any
other private nonprofit facility, shall be eligible for
contributions under paragraph (1)(B), without regard to the
religious character of the facility or the primary religious
use of the facility. No house of worship, educational facility,
or any other private nonprofit facility may be excluded from
receiving contributions under paragraph (1)(B) because
leadership or membership in the organization operating the
house of worship is limited to persons who share a religious
faith or practice.''.
(c) Applicability.--This section and the amendments made by this
section shall apply--
(1) to the provision of assistance in response to a major
disaster or emergency declared on or after August 23, 2017; or
(2) with respect to--
(A) any application for assistance that, as of the date of
enactment of this Act, is pending before Federal Emergency
Management Agency; and
(B) any application for assistance that has been denied,
where a challenge to that denial is not yet finally resolved as
of the date of enactment of this Act.
Sec. 20605. (a) The Federal share of assistance, including direct
Federal assistance, provided under section 407 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5173),
with respect to a major disaster declared pursuant to such Act for
damages resulting from a wildfire in calendar year 2017, shall be 90
percent of the eligible costs under such section.
(b) The Federal share provided by subsection (a) shall apply to
assistance provided before, on, or after the date of enactment of this
Act.
federal cost-share adjustments for repair, restoration, and replacement
of damaged facilities
Sec. 20606. Section 406(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5172(b)) is amended by
inserting after paragraph (2) the following:
``(3) Increased federal share.--
``(A) Incentive measures.--The President may provide
incentives to a State or Tribal government to invest in
measures that increase readiness for, and resilience from, a
major disaster by recognizing such investments through a
sliding scale that increases the minimum Federal share to 85
percent. Such measures may include--
``(i) the adoption of a mitigation plan approved under
section 322;
``(ii) investments in disaster relief, insurance, and
emergency management programs;
``(iii) encouraging the adoption and enforcement of the
latest published editions of relevant consensus-based
codes, specifications, and standards that incorporate the
latest hazard-resistant designs and establish minimum
acceptable criteria for the design, construction, and
maintenance of residential structures and facilities that
may be eligible for assistance under this Act for the
purpose of protecting the health, safety, and general
welfare of the buildings' users against disasters;
``(iv) facilitating participation in the community
rating system; and
``(v) funding mitigation projects or granting tax
incentives for projects that reduce risk.
``(B) Comprehensive guidance.--Not later than 1 year after
the date of enactment of this paragraph, the President, acting
through the Administrator, shall issue comprehensive guidance
to State and Tribal governments regarding the measures and
investments, weighted appropriately based on actuarial
assessments of eligible actions, that will be recognized for
the purpose of increasing the Federal share under this section.
Guidance shall ensure that the agency's review of eligible
measures and investments does not unduly delay determining the
appropriate Federal cost share.
``(C) Report.--One year after the issuance of the guidance
required by subparagraph (B), the Administrator shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report regarding the
analysis of the Federal cost shares paid under this section.
``(D) Savings clause.--Nothing in this paragraph prevents
the President from increasing the Federal cost share above 85
percent.''.
Sec. 20607. Division F of the Consolidated Appropriations Act,
2017, is amended by inserting the following at the end of Title V:
``Sec. 545. (a) Premium Pay Authority.--During calendar year 2017,
any premium pay that is funded, either directly or through
reimbursement, by the `Federal Emergency Management Agency--Disaster
Relief Fund' shall be exempted from the aggregate of basic pay and
premium pay calculated under section 5547(a) of title 5, United States
Code, and any other provision of law limiting the aggregate amount of
premium pay payable on a biweekly or calendar year basis.
``(b) Overtime Authority.--During calendar year 2017, any overtime
that is funded, either directly or through reimbursement, by the
`Federal Emergency Management Agency--Disaster Relief Fund' shall be
exempted from any annual limit on the amount of overtime payable in a
calendar or fiscal year.
``(c) Applicability of Aggregate Limitation on Pay.--In determining
whether an employee's pay exceeds the applicable annual rate of basic
pay payable under section 5307 of title 5, United States Code, the head
of an Executive agency shall not include pay exempted under this
section.
``(d) Limitation of Pay Authority.--Pay exempted from otherwise
applicable limits under subsection (a) shall not cause the aggregate
pay earned for the calendar year in which the exempted pay is earned to
exceed the rate of basic pay payable for a position at level II of the
Executive Schedule under section 5313 of title 5, United States Code.
``(e) Effective Date.--This section shall take effect as if enacted
on December 31, 2016.''.
TITLE VII
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
construction
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricanes Harvey, Irma, and
Maria, $210,629,000, to remain available until expended: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
National Park Service
historic preservation fund
For an additional amount for the ``Historic Preservation Fund'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $50,000,000, to remain available until September 30,
2019, including costs to States and territories necessary to complete
compliance activities required by section 306108 of title 54, United
States Code (formerly section 106 of the National Historic Preservation
Act) and costs needed to administer the program: Provided, That grants
shall only be available for areas that have received a major disaster
declaration pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided further,
That individual grants shall not be subject to a non-Federal matching
requirement: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
construction
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricanes Harvey, Irma, and
Maria, $207,600,000, to remain available until expended: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, and in those areas impacted by a
major disaster declared pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) with
respect to wildfires in 2017, $42,246,000, to remain available until
expended: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Departmental Offices
Insular Affairs
assistance to territories
For an additional amount for ``Technical Assistance'' for financial
management expenses related to the consequences of Hurricanes Irma and
Maria, $3,000,000, to remain available until expended: Provided, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Office of Inspector General
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $2,500,000, to remain available until expended:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Environmental Protection Agency
hazardous substance superfund
For an additional amount for ``Hazardous Substance Superfund'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $6,200,000, to remain available until expended:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
leaking underground storage tank trust fund program
For an additional amount for ``Leaking Underground Storage Tank
Fund'' for necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $7,000,000, to remain available until
expended: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
state and tribal assistance grants
For an additional amount for ``State and Tribal Assistance Grants''
for necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria for the hazardous waste financial assistance
grants program and for other solid waste management activities,
$50,000,000, to remain available until expended: Provided, That none
of these funds allocated within Region 2 shall be subject to cost share
requirements under section 3011(b) of the Solid Waste Disposal Act:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Administrative Provision--Environmental Protection Agency
Of amounts previously appropriated for capitalization grants for
the State Revolving Funds under title VI of the Federal Water Pollution
Control Act or under section 1452 of the Safe Drinking Water Act to a
State or territory included as part of a disaster declaration related
to Hurricanes Irma and Maria, all existing grant funds that are
available but not drawn down shall not be subject to the matching or
cost share requirements of sections 602(b)(2), 602(b)(3) of the Federal
Water Pollution Control Act nor the matching requirements of section
1452(e) of the Safe Drinking Water Act and shall be awarded to such
state or territory: Provided, That, notwithstanding the requirements
of section 603(d) of the Federal Water Pollution Control Act or section
1452(f) of the Safe Drinking Water Act, the state or territory shall
utilize the full amount of such funds, excluding existing loans, to
provide additional subsidization to eligible recipients in the form of
forgiveness of principal, negative interest loans or grants or any
combination of these: Provided further, That such funds may be used
for eligible projects whose purpose is to repair damage incurred as a
result of Hurricanes Irma and Maria, reduce flood damage risk and
vulnerability or to enhance resiliency to rapid hydrologic change or a
natural disaster at treatment works as defined by section 212 of the
Federal Water Pollution Control Act or a public drinking water system
under section 1452 of the Safe Drinking Water Act: Provided further,
That any project involving the repair or replacement of a lead service
line shall replace the entire lead service line, not just a portion.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
state and private forestry
For an additional amount for ``State and Private Forestry'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $7,500,000, to remain available until expended:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
national forest system
For an additional amount for ``National Forest System'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $20,652,000, to remain available until expended:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, and the 2017 fire season,
$91,600,000, to remain available until expended: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
GENERAL PROVISION--THIS TITLE
Sec. 20701. Agencies receiving funds appropriated by this title
shall each provide a monthly report to the Committees on Appropriations
of the House of Representatives and the Senate detailing the allocation
and obligation of these funds by account, beginning not later than 90
days after enactment of this Act.
TITLE VIII
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including transfers of funds)
For an additional amount for ``Training and Employment Services'',
$100,000,000, for the dislocated workers assistance national reserve
for necessary expenses directly related to the consequences of
Hurricanes Harvey, Maria, and Irma and those jurisdictions that
received a major disaster declaration pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) due to wildfires in 2017, which shall be available from the
date of enactment of this subdivision through September 30, 2019:
Provided, That the Secretary of Labor may transfer up to $2,500,000 of
such funds to any other Department of Labor account for reconstruction
and recovery needs, including worker protection activities: Provided
further, That these sums may be used to replace grant funds previously
obligated to the impacted areas: Provided further, That of the amount
provided, up to $500,000, to remain available until expended, shall be
transferred to ``Office of Inspector General''for oversight of
activities responding to such hurricanes and wildfires: Provided
further, That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
job corps
For an additional amount for ``Job Corps'' for construction,
rehabilitation and acquisition for Job Corps Centers in Puerto Rico,
$30,900,000, which shall be available upon the date of enactment of
this subdivision and remain available for obligation through June 30,
2021: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
General Provisions--Department of Labor
deferral of interest payments for virgin islands
Sec. 20801. Notwithstanding any other provision of law, the
interest payment of the Virgin Islands that was due under section
1202(b)(1) of the Social Security Act on September 29, 2017, shall not
be due until September 28, 2018, and no interest shall accrue on such
amount through September 28, 2018: Provided, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
flexibility in use of funds under wioa
Sec. 20802. (a) In General.--Notwithstanding section 133(b)(4) of
the Workforce Innovation and Opportunity Act, in States, as defined by
section 3(56) of such Act, affected by Hurricanes Harvey, Irma, and
Maria, a local board, as defined by section 3(33) of such Act, in a
local area, as defined by section 3(32) of such Act, affected by such
Hurricanes may transfer, if such transfer is approved by the Governor,
up to 100 percent of the funds allocated to the local area for Program
Years 2016 and 2017 for Youth Workforce Investment activities under
paragraphs (2) or (3) of section 128(b) of such Act, for Adult
employment and training activities under paragraphs (2)(A) or (3) of
section 133(b) of such Act, or for Dislocated Worker employment and
training activities under paragraph (2)(B) of section 133(b) of such
Act among--
(1) adult employment and training activities;
(2) dislocated worker employment and training activities; and
(3) youth workforce investment activities.
(b) The Virgin Islands.--Except for the funds reserved to carry out
required statewide activities under sections 127(b) and 134(a)(2) of
the Workforce Innovation and Opportunity Act, the Governor of the
Virgin Islands may authorize the transfer of up to 100 percent of the
remaining funds provided to the Virgin Islands for Program Years 2016
and 2017 for Youth Workforce Investment activities under section
127(b)(1)(B) of such Act, for Adult employment and training activities
under section 132(b)(1)(A) of such Act, or for Dislocated Worker
employment and training activities under section 133(b)(2)(A) of such
Act among--
(1) adult employment and training activities;
(2) dislocated worker employment and training activities; and
(3) youth workforce investment activities.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
(including transfer of funds)
For an additional amount for ``CDC-Wide Activities and Program
Support'', $200,000,000, to remain available until September 30, 2020,
for response, recovery, preparation, mitigation, and other expenses
directly related to the consequences of Hurricanes Harvey, Irma, and
Maria: Provided, That obligations incurred for the purposes provided
herein prior to the date of enactment of this subdivision may be
charged to funds appropriated by this paragraph: Provided further,
That of the amount provided, not less than $6,000,000 shall be
transferred to the ``Buildings and Facilities'' account for the
purposes provided herein: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
National Institutes of Health
office of the director
For an additional amount for fiscal year 2018 for ``Office of the
Director'', $50,000,000, to remain available until September 30, 2020,
for response, recovery, and other expenses directly related to the
consequences of Hurricanes Harvey, Irma, and Maria: Provided, That
obligations incurred for these purposes prior to the date of enactment
of this subdivision may be charged to funds appropriated by this
paragraph: Provided further, That funds appropriated by this paragraph
may be used for construction grants or contracts under section 404I of
the Public Health Service Act without regard to section 404I(c)(2):
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Administration for Children and Families
children and families services programs
For an additional amount for ``Children and Families Services
Programs'', $650,000,000, to remain available until September 30, 2021,
for Head Start programs, for necessary expenses directly related to the
consequences of Hurricanes Harvey, Irma, and Maria, including making
payments under the Head Start Act: Provided, That none of the funds
appropriated in this paragraph shall be included in the calculation of
the ``base grant'' in subsequent fiscal years, as such term is defined
in sections 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head Start
Act: Provided further, That funds appropriated in this paragraph are
not subject to the allocation requirements of section 640(a) of the
Head Start Act: Provided further, That funds appropriated in this
paragraph shall not be available for costs that are reimbursed by the
Federal Emergency Management Agency, under a contract for insurance, or
by self-insurance: Provided further, That up to $12,500,000 shall be
available for Federal administrative expenses: Provided further, That
obligations incurred for the purposes provided herein prior to the date
of enactment of this subdivision may be charged to funds appropriated
under this heading: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Office of the Secretary
public health and social services emergency fund
(including transfers of funds)
For an additional amount for the ``Public Health and Social
Services Emergency Fund'', $162,000,000, to remain available until
September 30, 2020, for response, recovery, preparation, mitigation and
other expenses directly related to the consequences of Hurricanes
Harvey, Irma, and Maria, including activities authorized under section
319(a) of the Public Health Service Act (referred to in this
subdivision as the ``PHS Act''): Provided, That of the amount
provided, $60,000,000 shall be transferred to ``Health Resources and
Services Administration--Primary Health Care'', for expenses related to
the consequences of Hurricanes Harvey, Irma, and Maria for disaster
response and recovery, for the Health Centers Program under section 330
of the PHS Act: Provided further, That not less than $50,000,000, of
amounts transferred under the preceding proviso, shall be available for
alteration, renovation, construction, equipment, and other capital
improvement costs as necessary to meet the needs of areas affected by
Hurricanes Harvey, Irma, and Maria: Provided further, That the time
limitation in section 330(e)(3) of the PHS Act shall not apply to funds
made available under the preceding proviso: Provided further, That of
the amount provided, not less than $20,000,000 shall be transferred to
``Substance Abuse and Mental Health Services Administration--Health
Surveillance and Program Support'' for grants, contracts, and
cooperative agreements for behavioral health treatment, crisis
counseling, and other related helplines, and for other similar programs
to provide support to individuals impacted by Hurricanes Harvey, Irma,
and Maria: Provided further, That of the amount provided, up to
$2,000,000, to remain available until expended, shall be transferred to
``Office of the Secretary--Office of Inspector General'' for oversight
of activities responding to such hurricanes: Provided further, That
obligations incurred for the purposes provided herein prior to the date
of enactment of this subdivision may be charged to funds appropriated
under this heading: Provided further, That funds appropriated in this
paragraph shall not be available for costs that are reimbursed by the
Federal Emergency Management Agency, under a contract for insurance, or
by self-insurance: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
General Provision--Department of Health and Human Services
direct hire authority for certain emergency response positions
Sec. 20803. (a) In General.--As the Secretary of Health and Human
Services determines necessary to respond to a critical hiring need for
emergency response positions, after providing public notice and without
regard to the provisions of sections 3309 through 3319 of title 5,
United States Code, the Secretary may appoint candidates directly to
the following positions, consistent with subsection (b), to perform
critical work directly relating to the consequences of Hurricanes
Harvey, Irma, and Maria:
(1) Intermittent disaster-response personnel in the National
Disaster Medical System, under section 2812 of the Public Health
Service Act (42 U.S.C. 300hh-11).
(2) Term or temporary related positions in the Centers for
Disease Control and Prevention and the Office of the Assistant
Secretary for Preparedness and Response.
(b) Expiration.--The authority under subsection (a) shall expire
270 days after the date of enactment of this section.
DEPARTMENT OF EDUCATION
Hurricane Education Recovery
(including transfer of funds)
For an additional amount for ``Hurricane Education Recovery'' for
necessary expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, or wildfires in 2017 for which a major disaster or
emergency has been declared under sections 401 or 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170
and 5190) (referred to under this heading as ``covered disaster or
emergency''), $2,700,000,000, to remain available through September 30,
2022, for assisting in meeting the educational needs of individuals
affected by a covered disaster or emergency: Provided, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further, That--
(1) such funds shall be used--
(A) to make awards to eligible entities for immediate aid
to restart school operations, in accordance with paragraph (2);
(B) for temporary emergency impact aid for displaced
students, in accordance with paragraph (2);
(C) for emergency assistance to institutions of higher
education and students attending institutions of higher
education in an area directly affected by a covered disaster or
emergency in accordance with paragraph (3);
(D) for payments to institutions of higher education to
help defray the unexpected expenses associated with enrolling
displaced students from institutions of higher education
directly affected by a covered disaster or emergency, in
accordance with paragraph (4); and
(E) to provide assistance to local educational agencies
serving homeless children and youth in accordance with
paragraph (5);
(2) immediate aid to restart school operations and temporary
emergency impact aid for displaced students described in
subparagraphs (A) and (B) of paragraph (1) shall be provided under
the statutory terms and conditions that applied to assistance under
sections 102 and 107 of title IV of division B of Public Law 109-
148, respectively, except that such sections shall be applied so
that--
(A) each reference to a major disaster declared in
accordance with section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170) shall be
to a major disaster or emergency declared by the President in
accordance with section 401 or 501, respectively, of such Act;
(B) each reference to Hurricane Katrina or Hurricane Rita
shall be a reference to a covered disaster or emergency;
(C) each reference to August 22, 2005 shall be to the date
that is one week prior to the date that the major disaster or
emergency was declared for the area;
(D) each reference to the States of Louisiana, Mississippi,
Alabama, and Texas shall be to the States or territories
affected by a covered disaster or emergency, and each reference
to the State educational agencies of Louisiana, Mississippi,
Alabama, or Texas shall be a reference to the State educational
agencies that serve the states or territories affected by a
covered disaster or emergency;
(E) each reference to the 2005-2006 school year shall be to
the 2017-2018 school year;
(F) the references in section 102(h)(1) of title IV of
division B of Public Law 109-148 to the number of non-public
and public elementary schools and secondary schools in the
State shall be to the number of students in non-public and
public elementary schools and secondary schools in the State,
and the reference in such section to the National Center for
Data Statistics Common Core of Data for the 2003-2004 school
year shall be to the most recent and appropriate data set for
the 2016-2017 school year;
(G) in determining the amount of immediate aid provided to
restart school operations as described in section 102(b) of
title IV of division B of Public Law 109-148, the Secretary
shall consider the number of students enrolled, during the
2016-2017 school year, in elementary schools and secondary
schools that were closed as a result of a covered disaster or
emergency;
(H) in determining the amount of emergency impact aid that
a State educational agency is eligible to receive under
paragraph (1)(B), the Secretary shall, subject to section
107(d)(1)(B) of such title, provide--
(i) $9,000 for each displaced student who is an English
learner, as that term is defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801);
(ii) $10,000 for each displaced student who is a child
with a disability (regardless of whether the child is an
English learner); and
(iii) $8,500 for each displaced student who is not a
child with a disability or an English learner;
(I) with respect to the emergency impact aid provided under
paragraph (1)(B), the Secretary may modify the State
educational agency and local educational agency application
timelines in section 107(c) of such title; and
(J) each reference to a public elementary school may
include, as determined by the local educational agency, a
publicly-funded preschool program that enrolls children below
the age of kindergarten entry and is part of an elementary
school;
(3) $100,000,000 of the funds made available under this heading
shall be for programs authorized under subpart 3 of Part A, part C
of title IV and part B of title VII of the Higher Education Act of
1965 (20 U.S.C. 1087-51 et seq., 1138 et seq.) for institutions
located in an area affected by a covered disaster or emergency, and
students enrolled in such institutions, except that--
(A) any requirements relating to matching, Federal share,
reservation of funds, or maintenance of effort under such parts
that would otherwise be applicable to that assistance shall not
apply;
(B) such assistance may be used for student financial
assistance;
(C) such assistance may also be used for faculty and staff
salaries, equipment, student supplies and instruments, or any
purpose authorized under the Higher Education Act of 1965, by
institutions of higher education that are located in areas
affected by a covered disaster or emergency; and
(D) the Secretary shall prioritize, to the extent possible,
students who are homeless or at risk of becoming homeless as a
result of displacement, and institutions that have sustained
extensive damage, by a covered disaster or emergency;
(4) up to $75,000,000 of the funds made available under this
heading shall be for payments to institutions of higher education
to help defray the unexpected expenses associated with enrolling
displaced students from institutions of higher education at which
operations have been disrupted by a covered disaster or emergency,
in accordance with criteria established by the Secretary and made
publicly available;
(5) $25,000,000 of the funds made available under this heading
shall be available to provide assistance to local educational
agencies serving homeless children and youths displaced by a
covered disaster or emergency, consistent with section 723 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431-11435) and
with section 106 of title IV of division B of Public Law 109-148,
except that funds shall be disbursed based on demonstrated need and
the number of homeless children and youth enrolled as a result of
displacement by a covered disaster or emergency;
(6) section 437 of the General Education Provisions Act (20
U.S.C. 1232) and section 553 of title 5, United States Code, shall
not apply to activities under this heading;
(7) $4,000,000 of the funds made available under this heading,
to remain available until expended, shall be transferred to the
Office of the Inspector General of the Department of Education for
oversight of activities supported with funds appropriated under
this heading, and up to $3,000,000 of the funds made available
under this heading shall be for program administration;
(8) up to $35,000,000 of the funds made available under this
heading shall be to carry out activities authorized under section
4631(b) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7281(b)): Provided, That obligations incurred for the
purposes provided herein prior to the date of enactment of this
subdivision may be charged to funds appropriated under this
paragraph;
(9) the Secretary may waive, modify, or provide extensions for
certain requirements of the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.) for affected individuals, affected students, and
affected institutions in covered disaster or emergency areas in the
same manner as the Secretary was authorized to waive, modify, or
provide extensions for certain requirements of such Act under
provisions of subtitle B of title IV of division B of Public Law
109-148 for affected individuals, affected students, and affected
institutions in areas affected by Hurricane Katrina and Hurricane
Rita, except that the cost associated with any action taken by the
Secretary under this paragraph is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985; and
(10) if any provision under this heading or application of such
provision to any person or circumstance is held to be
unconstitutional, the remainder of the provisions under this
heading and the application of such provisions to any person or
circumstance shall not be affected thereby.
General Provision--Department of Education
Sec. 20804. (a) Notwithstanding any other provision of law, the
Secretary of Education is hereby authorized to forgive any outstanding
balance owed to the Department of Education under the HBCU Hurricane
Supplemental Loan program established pursuant to section 2601 of
Public Law 109-234, as modified by section 307 of title III of division
F of the Consolidated Appropriations Act, 2012 (Public Law 112-74), as
carried forward by the Continuing Appropriations Resolution, 2013
(Public Law 112-175).
(b) There are authorized to be appropriated, and there are hereby
appropriated, such sums as may be necessary to carry out subsection
(a): Provided, That such amount is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balance Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
Sec. 20805. Funds appropriated to the Department of Health and
Human Services by this title may be transferred to, and merged with,
other appropriation accounts under the headings ``Centers for Disease
Control and Prevention'' and ``Public Health and Social Services
Emergency Fund'' for the purposes specified in this title following
consultation with the Office of Management and Budget: Provided, That
the Committees on Appropriations in the House of Representatives and
the Senate shall be notified 10 days in advance of any such transfer:
Provided further, That, upon a determination that all or part of the
funds transferred from an appropriation are not necessary, such amounts
may be transferred back to that appropriation: Provided further, That
none of the funds made available by this title may be transferred
pursuant to the authority in section 205 of division H of Public Law
115-31 or section 241(a) of the PHS Act.
Sec. 20806. Not later than 30 days after enactment of this
subdivision, the Secretary of Health and Human Services shall provide a
detailed spend plan of anticipated uses of funds made available in this
title, including estimated personnel and administrative costs, to the
Committees on Appropriations: Provided, That such plans shall be
updated and submitted to the Committees on Appropriations every 60 days
until all funds are expended or expire.
Sec. 20807. Unless otherwise provided for by this title, the
additional amounts appropriated by this title to appropriations
accounts shall be available under the authorities and conditions
applicable to such appropriations accounts for fiscal year 2018.
TITLE IX
LEGISLATIVE BRANCH
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$14,000,000, to remain available until expended, for audits and
investigations relating to Hurricanes Harvey, Irma, and Maria and the
2017 wildfires: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
TITLE X
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $201,636,000, to remain available until September 30,
2022, for necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria: Provided, That none of the funds made
available to the Navy and Marine Corps for recovery efforts related to
Hurricanes Harvey, Irma, and Maria in this subdivision shall be
available for obligation until the Committees on Appropriations of the
House of Representatives and the Senate receive form 1391 for each
specific request: Provided further, That, not later than 60 days after
enactment of this subdivision, the Secretary of the Navy, or his
designee, shall submit to the Committees on Appropriations of House of
Representatives and the Senate a detailed expenditure plan for funds
provided under this heading: Provided further, 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 being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'', $519,345,000, to remain available until September 30, 2022,
for necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria: Provided, That none of the funds made
available to the Army National Guard for recovery efforts related to
Hurricanes Harvey, Irma, and Maria in this subdivision shall be
available for obligation until the Committees on Appropriations of the
House of Representatives and the Senate receive form 1391 for each
specific request: Provided further, That, not later than 60 days after
enactment of this subdivision, the Director of the Army National Guard,
or his designee, shall submit to the Committees on Appropriations of
the House of Representatives and the Senate a detailed expenditure plan
for funds provided under this heading: Provided further, 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 being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical services
For an additional amount for ``Medical Services'', $11,075,000, to
remain available until September 30, 2019, for necessary expenses
related to the consequences of Hurricanes Harvey, Irma, and Maria:
Provided, That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
medical support and compliance
For an additional amount for ``Medical Support and Compliance'',
$3,209,000, to remain available until September 30, 2019, for necessary
expenses related to the consequences of Hurricanes Harvey, Irma, and
Maria: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
medical facilities
For an additional amount for ``Medical Facilities'', $75,108,000,
to remain available until September 30, 2022, for necessary expenses
related to the consequences of Hurricanes Harvey, Irma, and Maria:
Provided, That none of these funds shall be available for obligation
until the Secretary of Veterans Affairs submits to the Committees on
Appropriations of the House of Representatives and the Senate a
detailed expenditure plan for funds provided under this heading:
Provided further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Departmental Administration
construction, minor projects
For an additional amount for ``Construction, Minor Projects'',
$4,088,000, to remain available until September 30, 2022, for necessary
expenses related to the consequences of Hurricanes Harvey, Irma, and
Maria: Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISION--THIS TITLE
Sec. 21001. Notwithstanding section 18236(b) of title 10, United
States Code, the Secretary of Defense shall contribute to Puerto Rico,
100 percent of the total cost of construction (including the cost of
architectural, engineering and design services) for the acquisition,
construction, expansion, rehabilitation, or conversion of the Arroyo
readiness center under paragraph (5) of section 18233(a) of title 10,
United States Code.
TITLE XI
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
operations
(airport and airway trust fund)
For an additional amount for ``Operations'', $35,000,000, to be
derived from the Airport and Airway Trust Fund and to remain available
until expended, for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, and other hurricanes occurring in
calendar year 2017: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
facilities and equipment
(airport and airway trust fund)
For an additional amount for ``Facilities and Equipment'',
$79,589,000, to be derived from the Airport and Airway Trust Fund and
to remain available until expended, for necessary expenses related to
the consequences of Hurricanes Harvey, Irma, and Maria, and other
hurricanes occurring in calendar year 2017: Provided, That such amount
is designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Federal Highway Administration
federal-aid highways
emergency relief program
For an additional amount for the ``Emergency Relief Program'' as
authorized under section 125 of title 23, United States Code,
$1,374,000,000, to remain available until expended: Provided, That
notwithstanding section 125(d)(4) of title 23, United States Code, no
limitation on the total obligations for projects under section 125 of
such title shall apply to the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands for fiscal year 2018
and fiscal year 2019: Provided further, That notwithstanding
subsection (e) of section 120 of title 23, United States Code, for this
fiscal year and hereafter, the Federal share for Emergency Relief funds
made available under section 125 of such title to respond to damage
caused by Hurricanes Irma and Maria, shall be 100 percent for Puerto
Rico: Provided further, That such amount is designated by the Congress
as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Federal Transit Administration
public transportation emergency relief program
For an additional amount for the ``Public Transportation Emergency
Relief Program'' as authorized under section 5324 of title 49, United
States Code, $330,000,000 to remain available until expended, for
transit systems affected by Hurricanes Harvey, Irma, and Maria with
major disaster declarations in 2017: Provided, That not more than
three-quarters of one percent of the funds for public transportation
emergency relief shall be available for administrative expenses and
ongoing program management oversight as authorized under sections 5334
and 5338(f)(2) of such title and shall be in addition to any other
appropriations for such purpose: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Maritime Administration
operations and training
For an additional amount for ``Operations and Training'',
$10,000,000, to remain available until expended, for necessary
expenses, including for dredging, related to damage to Maritime
Administration facilities resulting from Hurricane Harvey: Provided,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
General Provision--Department of Transportation
Sec. 21101. Notwithstanding 49 U.S.C. 5302, for fiscal years 2018,
2019, and 2020 the Secretary of Transportation shall treat an area as
an ``urbanized area'' for purposes of 49 U.S.C. 5307 and 5336(a) until
the next decennial census following the enactment of this Act if the
area was defined and designated as an ``urbanized'' area by the
Secretary of Commerce in the 2000 decennial census and the population
of such area fell below 50,000 after the 2000 decennial census as a
result of a major disaster: Provided, That an area treated as an
``urbanized area'' for purposes of this section shall be assigned the
population and square miles of the urbanized area designated by the
Secretary of Commerce in the 2000 decennial census: Provided further,
That the term ``major disaster'' has the meaning given such term in
section 102(2) of the Disaster Relief Act of 1974 (42 U.S.C. 5122(2)).
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development fund
(including transfers of funds)
For an additional amount for ``Community Development Fund'',
$28,000,000,000, to remain available until expended, for necessary
expenses for activities authorized under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to
disaster relief, long-term recovery, restoration of infrastructure and
housing, economic revitalization, and mitigation in the most impacted
and distressed areas resulting from a major declared disaster that
occurred in 2017 (except as otherwise provided under this heading)
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.): Provided, That funds shall be
awarded directly to the State, unit of general local government, or
Indian tribe (as such term is defined in section 102 of the Housing and
Community Development Act of 1974) at the discretion of the Secretary:
Provided further, That of the amounts made available under this
heading, up to $16,000,000,000 shall be allocated to meet unmet needs
for grantees that have received or will receive allocations under this
heading for major declared disasters that occurred in 2017 or under the
same heading of Division B of Public Law 115-56, except that, of the
amounts made available under this proviso, no less than $11,000,000,000
shall be allocated to the States and units of local government affected
by Hurricane Maria, and of such amounts allocated to such grantees
affected by Hurricane Maria, $2,000,000,000 shall be used to provide
enhanced or improved electrical power systems: Provided further, That
to the extent amounts under the previous proviso are insufficient to
meet all unmet needs, the allocation amounts related to infrastructure
shall be reduced proportionally based on the total infrastructure needs
of all grantees: Provided further, That of the amounts made available
under this heading, no less than $12,000,000,000 shall be allocated for
mitigation activities to all grantees of funding provided under this
heading, section 420 of division L of Public Law 114-113, section 145
of division C of Public Law 114-223, section 192 of division C of
Public Law 114-223 (as added by section 101(3) of division A of Public
Law 114-254), section 421 of division K of Public Law 115-31, and the
same heading in division B of Public Law 115-56, and that such
mitigation activities shall be subject to the same terms and conditions
under this subdivision, as determined by the Secretary: Provided
further, That all such grantees shall receive an allocation of funds
under the preceding proviso in the same proportion that the amount of
funds each grantee received or will receive under the second proviso of
this heading or the headings and sections specified in the previous
proviso bears to the amount of all funds provided to all grantees
specified in the previous proviso: Provided further, That of the
amounts made available under the second and fourth provisos of this
heading, the Secretary shall allocate to all such grantees an aggregate
amount not less than 33 percent of each such amounts of funds provided
under this heading within 60 days after the enactment of this
subdivision based on the best available data (especially with respect
to data for all such grantees affected by Hurricanes Harvey, Irma, and
Maria), and shall allocate no less than 100 percent of the funds
provided under this heading by no later than December 1, 2018:
Provided further, That the Secretary shall not prohibit the use of
funds made available under this heading and the same heading in
division B of Public Law 115-56 for non-federal share as authorized by
section 105(a)(9) of the Housing and Community Development Act of 1974
(42 U.S.C. 5305(a)(9)): Provided further, That of the amounts made
available under this heading, grantees may establish grant programs to
assist small businesses for working capital purposes to aid in
recovery: Provided further, That as a condition of making any grant,
the Secretary shall certify in advance that such grantee has in place
proficient financial controls and procurement processes and has
established adequate procedures to prevent any duplication of benefits
as defined by section 312 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5155), to ensure timely expenditure
of funds, to maintain comprehensive websites regarding all disaster
recovery activities assisted with these funds, and to detect and
prevent waste, fraud, and abuse of funds: Provided further, That with
respect to any such duplication of benefits, the Secretary and any
grantee under this section shall not take into consideration or reduce
the amount provided to any applicant for assistance from the grantee
where such applicant applied for and was approved, but declined
assistance related to such major declared disasters that occurred in
2014, 2015, 2016, and 2017 from the Small Business Administration under
section 7(b) of the Small Business Act (15 U.S.C. 636(b)): Provided
further, That the Secretary shall require grantees to maintain on a
public website information containing common reporting criteria
established by the Department that permits individuals and entities
awaiting assistance and the general public to see how all grant funds
are used, including copies of all relevant procurement documents,
grantee administrative contracts and details of ongoing procurement
processes, as determined by the Secretary: Provided further, That
prior to the obligation of funds a grantee shall submit a plan to the
Secretary for approval detailing the proposed use of all funds,
including criteria for eligibility and how the use of these funds will
address long-term recovery and restoration of infrastructure and
housing, economic revitalization, and mitigation in the most impacted
and distressed areas: Provided further, That such funds may not be
used for activities reimbursable by, or for which funds are made
available by, the Federal Emergency Management Agency or the Army Corps
of Engineers: Provided further, That funds allocated under this
heading shall not be considered relevant to the non-disaster formula
allocations made pursuant to section 106 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5306): Provided further, That a
State, unit of general local government, or Indian tribe may use up to
5 percent of its allocation for administrative costs: Provided
further, That the sixth proviso under this heading in the Supplemental
Appropriations for Disaster Relief Requirements Act, 2017 (division B
of Public Law 115-56) is amended by striking ``State or subdivision
thereof'' and inserting ``State, unit of general local government, or
Indian tribe (as such term is defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302))'': Provided
further, That in administering the funds under this heading, the
Secretary of Housing and Urban Development may waive, or specify
alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the
obligation by the Secretary or the use by the recipient of these funds
(except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), if the Secretary finds that good
cause exists for the waiver or alternative requirement and such waiver
or alternative requirement would not be inconsistent with the overall
purpose of title I of the Housing and Community Development Act of
1974: Provided further, That, notwithstanding the preceding proviso,
recipients of funds provided under this heading that use such funds to
supplement Federal assistance provided under section 402, 403, 404,
406, 407, 408(c)(4), or 502 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) may adopt,
without review or public comment, any environmental review, approval,
or permit performed by a Federal agency, and such adoption shall
satisfy the responsibilities of the recipient with respect to such
environmental review, approval or permit: Provided further, That,
notwithstanding section 104(g)(2) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5304(g)(2)), the Secretary may, upon
receipt of a request for release of funds and certification,
immediately approve the release of funds for an activity or project
assisted under this heading if the recipient has adopted an
environmental review, approval or permit under the preceding proviso or
the activity or project is categorically excluded from review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.):
Provided further, That the Secretary shall publish via notice in the
Federal Register any waiver, or alternative requirement, to any statute
or regulation that the Secretary administers pursuant to title I of the
Housing and Community Development Act of 1974 no later than 5 days
before the effective date of such waiver or alternative requirement:
Provided further, That the eighth proviso under this heading in the
Supplemental Appropriations for Disaster Relief Requirements Act, 2017
(division B of Public Law 115-56) is amended by inserting
``408(c)(4),'' after ``407,'': Provided further, That of the amounts
made available under this heading, up to $15,000,000 shall be made
available for capacity building and technical assistance, including
assistance on contracting and procurement processes, to support States,
units of general local government, or Indian tribes (and their
subrecipients) that receive allocations pursuant to this heading,
received disaster recovery allocations under the same heading in Public
Law 115-56, or may receive similar allocations for disaster recovery in
future appropriations Acts: Provided further, That of the amounts made
available under this heading, up to $10,000,000 shall be transferred,
in aggregate, to ``Department of Housing and Urban Development--Program
Office Salaries and Expenses--Community Planning and Development'' for
necessary costs, including information technology costs, of
administering and overseeing the obligation and expenditure of amounts
under this heading: Provided further, That the amount specified in the
preceding proviso shall be combined with funds appropriated under the
same heading and for the same purpose in Public Law 115-56 and the
aggregate of such amounts shall be available for any of the purposes
specified under this heading or the same heading in Public Law 115-56
without limitation: Provided further, That, of the funds made
available under this heading, $10,000,000 shall be transferred to the
Office of the Inspector General for necessary costs of overseeing and
auditing funds made available under this heading: Provided further,
That such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That amounts repurposed pursuant to this section that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act are
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.
General Provisions--Department of Housing and Urban Development
Sec. 21102. Any funds made available under the heading ``Community
Development Fund'' under this subdivision that remain available, after
the other funds under such heading have been allocated for necessary
expenses for activities authorized under such heading, shall be used
for additional mitigation activities in the most impacted and
distressed areas resulting from a major declared disaster that occurred
in 2014, 2015, 2016 or 2017: Provided, That such remaining funds shall
be awarded to grantees of funding provided for disaster relief under
the heading ``Community Development Fund'' in this subdivision, section
420 of division L of Public Law 114-113, section 145 of division C of
Public Law 114-223, section 192 of division C of Public Law 114-223 (as
added by section 101(3) of division A of Public Law 114-254), section
421 of division K of Public Law 115-31, and the same heading in
division B of Public Law 115-56 subject to the same terms and
conditions under this subdivision and such Acts respectively: Provided
further, That each such grantee shall receive an allocation from such
remaining funds in the same proportion that the amount of funds such
grantee received under this subdivision and under the Acts specified in
the previous proviso bears to the amount of all funds provided to all
grantees specified in the previous proviso.
Sec. 21103. 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 located in
the most impacted and distressed areas in which a major Presidentially
declared disaster occurred during 2017 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, or to facilitate leasing up to a
public housing agency's 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.
TITLE XII
GENERAL PROVISIONS--THIS SUBDIVISION
Sec. 21201. Each amount appropriated or made available by this
subdivision is in addition to amounts otherwise appropriated for the
fiscal year involved.
Sec. 21202. No part of any appropriation contained in this
subdivision shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 21203. Unless otherwise provided for by this subdivision, the
additional amounts appropriated by this subdivision to appropriations
accounts shall be available under the authorities and conditions
applicable to such appropriations accounts for fiscal year 2018.
Sec. 21204. Each amount designated in this subdivision by the
Congress as being for 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 (or rescinded or transferred, if
applicable) only if the President subsequently so designates all such
amounts and transmits such designations to the Congress.
Sec. 21205. For purposes of this subdivision, the consequences or
impacts of any hurricane shall include damages caused by the storm at
any time during the entirety of its duration as a cyclone, as defined
by the National Hurricane Center.
Sec. 21206. Any amount appropriated by this subdivision,
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 and subsequently so designated by the President,
and transferred pursuant to transfer authorities provided by this
subdivision shall retain such designation.
Sec. 21207. The terms and conditions applicable to the funds
provided in this subdivision, including those provided by this title,
shall also apply to the funds made available in division B of Public
Law 115-56 and in division A of Public Law 115-72.
Sec. 21208. (a) Section 305 of division A of the Additional
Supplemental Appropriations for Disaster Relief Requirements Act, 2017
(Public Law 115-72) is amended--
(1) in subsection (a)--
(A) by striking ``(1) Not later than December 31, 2017,''
and inserting ``Not later than March 31, 2018,''; and
(B) by striking paragraph (2); and
(2) in subsection (b), by striking ``receiving funds under this
division'' and inserting ``expending more than $10,000,000 of funds
provided by this division and division B of Public Law 115-56 in
any one fiscal year''.
(b) Section 305 of division A of the Additional Supplemental
Appropriations for Disaster Relief Requirements Act, 2017 (Public Law
115-72), as amended by this section, shall apply to funds appropriated
by this division as if they had been appropriated by that division.
(c) In order to proactively prepare for oversight of future
disaster relief funding, not later than one year after the date of
enactment of this Act, the Director of the Office of Management and
Budget shall issue standard guidance for Federal agencies to use in
designing internal control plans for disaster relief funding. This
guidance shall leverage existing internal control review processes and
shall include, at a minimum, the following elements:
(1) Robust criteria for identifying and documenting incremental
risks and mitigating controls related to the funding.
(2) Guidance for documenting the linkage between the
incremental risks related to disaster funding and efforts to
address known internal control risks.
Sec. 21209. Any agency or department provided funding in excess of
$3,000,000,000 by this subdivision, including the Federal Emergency
Management Agency, the Department of Housing and Urban Development, and
the Corps of Engineers, is directed to provide a report to the
Committees on Appropriations of the House of Representatives and the
Senate regarding its efforts to provide adequate resources and
technical assistance for small, low-income communities affected by
natural disasters.
Sec. 21210. (a) Not later than 180 days after the date of enactment
of this subdivision and in coordination with the Administrator of the
Federal Emergency Management Agency, with support and contributions
from the Secretary of the Treasury, the Secretary of Energy, and other
Federal agencies having responsibilities defined under the National
Disaster Recovery Framework, the Governor of the Commonwealth of Puerto
Rico shall submit to Congress a report describing the Commonwealth's
12- and 24-month economic and disaster recovery plan that--
(1) defines the priorities, goals, and expected outcomes of the
recovery effort for the Commonwealth, based on damage assessments
prepared pursuant to Federal law, if applicable, including--
(A) housing;
(B) economic issues, including workforce development and
industry expansion and cultivation;
(C) health and social services;
(D) natural and cultural resources;
(E) governance and civic institutions;
(F) electric power systems and grid restoration;
(G) environmental issues, including solid waste facilities;
and
(H) other infrastructure systems, including repair,
restoration, replacement, and improvement of public
infrastructure such water and wastewater treatment facilities,
communications networks, and transportation infrastructure;
(2) is consistent with--
(A) the Commonwealth's fiscal capacity to provide long-term
operation and maintenance of rebuilt or replaced assets;
(B) alternative procedures and associated programmatic
guidance adopted by the Administrator of the Federal Emergency
Management Agency pursuant to section 428 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5189f); and
(C) actions as may be necessary to mitigate vulnerabilities
to future extreme weather events and natural disasters and
increase community resilience, including encouraging the
adoption and enforcement of the latest published editions of
relevant consensus-based codes, specifications, and standards
that incorporate the latest hazard-resistant designs and
establish minimum acceptable criteria for the design,
construction, and maintenance of residential structures and
facilities for the purpose of protecting the health, safety,
and general welfare of the buildings' users against disasters;
(3) promotes transparency and accountability through
appropriate public notification, outreach, and hearings;
(4) identifies performance metrics for assessing and reporting
on the progress toward achieving the Commonwealth's recovery goals,
as identified under paragraph (1);
(5) is developed in coordination with the Oversight Board
established under PROMESA; and
(6) is certified by that Oversight Board to be consistent with
the purpose set forth in section 101(a) of PROMESA (48 U.S.C.
2121(a)).
(b) At the end of every 30-day period before the submission of the
report described in subsection (a), the Governor of the Commonwealth of
Puerto Rico, in coordination with the Administrator of the Federal
Emergency Management Agency, shall provide to Congress interim status
updates on progress developing such report.
(c) At the end of every 180-day period after the submission of the
report described in subsection (a), the Governor of the Commonwealth of
Puerto Rico, in coordination with the Administrator of the Federal
Emergency Management Agency, shall make public a report on progress
achieving the goals set forth in such report.
(d) During the development, and after the submission, of the report
required in subsection (a), the Oversight Board may provide to Congress
reports on the status of coordination with the Governor of Puerto Rico.
(e) Amounts made available by this subdivision to a covered
territory for response to or recovery from Hurricane Irma or Hurricane
Maria in an aggregate amount greater than $10,000,000 may be reviewed
by the Oversight Board under the Oversight Board's authority under
204(b)(2) of PROMESA (48 U.S.C. 2144(b)(2)).
(f) When developing a Fiscal Plan while the recovery plan required
under subsection (a) is in development and in effect, the Oversight
Board shall use and incorporate, to the greatest extent feasible,
damage assessments prepared pursuant to Federal law.
(g) For purposes of this section, the terms ``covered territory''
and ``Oversight Board'' have the meaning given those term in section 5
of PROMESA (48 U.S.C. 2104).
This subdivision may be cited as the ``Further Additional
Supplemental Appropriations for Disaster Relief Requirements Act,
2018''.
SUBDIVISION 2--TAX RELIEF AND MEDICAID CHANGES RELATING TO CERTAIN
DISASTERS
TITLE I--CALIFORNIA FIRES
SEC. 20101. DEFINITIONS.
For purposes of this title--
(1) California wildfire disaster zone.--The term ``California
wildfire disaster zone'' means that portion of the California
wildfire disaster area determined by the President to warrant
individual or individual and public assistance from the Federal
Government under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act by reason of wildfires in California.
(2) California wildfire disaster area.--The term ``California
wildfire disaster area'' means an area with respect to which
between January 1, 2017 through January 18, 2018 a major disaster
has been declared by the President under section 401 of such Act by
reason of wildfires in California.
SEC. 20102. SPECIAL DISASTER-RELATED RULES FOR USE OF RETIREMENT FUNDS.
(a) Tax-Favored Withdrawals From Retirement Plans.--
(1) In general.--Section 72(t) of the Internal Revenue Code of
1986 shall not apply to any qualified wildfire distribution.
(2) Aggregate dollar limitation.--
(A) In general.--For purposes of this subsection, the
aggregate amount of distributions received by an individual
which may be treated as qualified wildfire distributions for
any taxable year shall not exceed the excess (if any) of--
(i) $100,000, over
(ii) the aggregate amounts treated as qualified
wildfire distributions received by such individual for all
prior taxable years.
(B) Treatment of plan distributions.--If a distribution to
an individual would (without regard to subparagraph (A)) be a
qualified wildfire distribution, a plan shall not be treated as
violating any requirement of the Internal Revenue Code of 1986
merely because the plan treats such distribution as a qualified
wildfire distribution, unless the aggregate amount of such
distributions from all plans maintained by the employer (and
any member of any controlled group which includes the employer)
to such individual exceeds $100,000.
(C) Controlled group.--For purposes of subparagraph (B),
the term ``controlled group'' means any group treated as a
single employer under subsection (b), (c), (m), or (o) of
section 414 of the Internal Revenue Code of 1986.
(3) Amount distributed may be repaid.--
(A) In general.--Any individual who receives a qualified
wildfire distribution may, at any time during the 3-year period
beginning on the day after the date on which such distribution
was received, make one or more contributions in an aggregate
amount not to exceed the amount of such distribution to an
eligible retirement plan of which such individual is a
beneficiary and to which a rollover contribution of such
distribution could be made under section 402(c), 403(a)(4),
403(b)(8), 408(d)(3), or 457(e)(16), of the Internal Revenue
Code of 1986, as the case may be.
(B) Treatment of repayments of distributions from eligible
retirement plans other than iras.--For purposes of the Internal
Revenue Code of 1986, if a contribution is made pursuant to
subparagraph (A) with respect to a qualified wildfire
distribution from an eligible retirement plan other than an
individual retirement plan, then the taxpayer shall, to the
extent of the amount of the contribution, be treated as having
received the qualified wildfire distribution in an eligible
rollover distribution (as defined in section 402(c)(4) of such
Code) and as having transferred the amount to the eligible
retirement plan in a direct trustee to trustee transfer within
60 days of the distribution.
(C) Treatment of repayments for distributions from iras.--
For purposes of the Internal Revenue Code of 1986, if a
contribution is made pursuant to subparagraph (A) with respect
to a qualified wildfire distribution from an individual
retirement plan (as defined by section 7701(a)(37) of such
Code), then, to the extent of the amount of the contribution,
the qualified wildfire distribution shall be treated as a
distribution described in section 408(d)(3) of such Code and as
having been transferred to the eligible retirement plan in a
direct trustee to trustee transfer within 60 days of the
distribution.
(4) Definitions.--For purposes of this subsection--
(A) Qualified wildfire distribution.--Except as provided in
paragraph (2), the term ``qualified wildfire distribution''
means any distribution from an eligible retirement plan made on
or after October 8, 2017, and before January 1, 2019, to an
individual whose principal place of abode during any portion of
the period from October 8, 2017, to December 31, 2017, is
located in the California wildfire disaster area and who has
sustained an economic loss by reason of the wildfires to which
the declaration of such area relates.
(B) Eligible retirement plan.--The term ``eligible
retirement plan'' shall have the meaning given such term by
section 402(c)(8)(B) of the Internal Revenue Code of 1986.
(5) Income inclusion spread over 3-year period.--
(A) In general.--In the case of any qualified wildfire
distribution, unless the taxpayer elects not to have this
paragraph apply for any taxable year, any amount required to be
included in gross income for such taxable year shall be so
included ratably over the 3-taxable-year period beginning with
such taxable year.
(B) Special rule.--For purposes of subparagraph (A), rules
similar to the rules of subparagraph (E) of section 408A(d)(3)
of the Internal Revenue Code of 1986 shall apply.
(6) Special rules.--
(A) Exemption of distributions from trustee to trustee
transfer and withholding rules.--For purposes of sections
401(a)(31), 402(f), and 3405 of the Internal Revenue Code of
1986, qualified wildfire distributions shall not be treated as
eligible rollover distributions.
(B) Qualified wildfire distributions treated as meeting
plan distribution requirements.--For purposes the Internal
Revenue Code of 1986, a qualified wildfire distribution shall
be treated as meeting the requirements of sections
401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A)
of such Code.
(b) Recontributions of Withdrawals for Home Purchases.--
(1) Recontributions.--
(A) In general.--Any individual who received a qualified
distribution may, during the period beginning on October 8,
2017, and ending on June 30, 2018, make one or more
contributions in an aggregate amount not to exceed the amount
of such qualified distribution to an eligible retirement plan
(as defined in section 402(c)(8)(B) of the Internal Revenue
Code of 1986) of which such individual is a beneficiary and to
which a rollover contribution of such distribution could be
made under section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3),
of such Code, as the case may be.
(B) Treatment of repayments.--Rules similar to the rules of
subparagraphs (B) and (C) of subsection (a)(3) shall apply for
purposes of this subsection.
(2) Qualified distribution.--For purposes of this subsection,
the term ``qualified distribution'' means any distribution--
(A) described in section 401(k)(2)(B)(i)(IV),
403(b)(7)(A)(ii) (but only to the extent such distribution
relates to financial hardship), 403(b)(11)(B), or 72(t)(2)(F),
of the Internal Revenue Code of 1986,
(B) received after March 31, 2017, and before January 15,
2018, and
(C) which was to be used to purchase or construct a
principal residence in the California wildfire disaster area
but which was not so purchased or constructed on account of the
wildfires to which the declaration of such area relates.
(c) Loans From Qualified Plans.--
(1) Increase in limit on loans not treated as distributions.--
In the case of any loan from a qualified employer plan (as defined
under section 72(p)(4) of the Internal Revenue Code of 1986) to a
qualified individual made during the period beginning on the date
of the enactment of this Act and ending on December 31, 2018--
(A) clause (i) of section 72(p)(2)(A) of such Code shall be
applied by substituting ``$100,000'' for ``$50,000'', and
(B) clause (ii) of such section shall be applied by
substituting ``the present value of the nonforfeitable accrued
benefit of the employee under the plan'' for ``one-half of the
present value of the nonforfeitable accrued benefit of the
employee under the plan''.
(2) Delay of repayment.--In the case of a qualified individual
with an outstanding loan on or after October 8, 2017, from a
qualified employer plan (as defined in section 72(p)(4) of the
Internal Revenue Code of 1986)--
(A) if the due date pursuant to subparagraph (B) or (C) of
section 72(p)(2) of such Code for any repayment with respect to
such loan occurs during the period beginning on October 8,
2017, and ending on December 31, 2018, such due date shall be
delayed for 1 year,
(B) any subsequent repayments with respect to any such loan
shall be appropriately adjusted to reflect the delay in the due
date under paragraph (1) and any interest accruing during such
delay, and
(C) in determining the 5-year period and the term of a loan
under subparagraph (B) or (C) of section 72(p)(2) of such Code,
the period described in subparagraph (A) shall be disregarded.
(3) Qualified individual.--For purposes of this subsection, the
term ``qualified individual'' means any individual whose principal
place of abode during any portion of the period from October 8,
2017, to December 31, 2017, is located in the California wildfire
disaster area and who has sustained an economic loss by reason of
wildfires to which the declaration of such area relates.
(d) Provisions Relating to Plan Amendments.--
(1) In general.--If this subsection applies to any amendment to
any plan or annuity contract, such plan or contract shall be
treated as being operated in accordance with the terms of the plan
during the period described in paragraph (2)(B)(i).
(2) Amendments to which subsection applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is made--
(i) pursuant to any provision of this section, or
pursuant to any regulation issued by the Secretary or the
Secretary of Labor under any provision of this section, and
(ii) on or before the last day of the first plan year
beginning on or after January 1, 2019, or such later date
as the Secretary may prescribe.
In the case of a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986), clause (ii) shall
be applied by substituting the date which is 2 years after the
date otherwise applied under clause (ii).
(B) Conditions.--This subsection shall not apply to any
amendment unless--
(i) during the period--
(I) beginning on the date that this section or the
regulation described in subparagraph (A)(i) takes
effect (or in the case of a plan or contract amendment
not required by this section or such regulation, the
effective date specified by the plan), and
(II) ending on the date described in subparagraph
(A)(ii) (or, if earlier, the date the plan or contract
amendment is adopted),
the plan or contract is operated as if such plan or contract
amendment were in effect, and
(ii) such plan or contract amendment applies
retroactively for such period.
SEC. 20103. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED BY
CALIFORNIA WILDFIRES.
(a) In General.--For purposes of section 38 of the Internal Revenue
Code of 1986, in the case of an eligible employer, the California
wildfire employee retention credit shall be treated as a credit listed
in subsection (b) of such section. For purposes of this subsection, the
California wildfire employee retention credit for any taxable year is
an amount equal to 40 percent of the qualified wages with respect to
each eligible employee of such employer for such taxable year. For
purposes of the preceding sentence, the amount of qualified wages which
may be taken into account with respect to any individual shall not
exceed $6,000.
(b) Definitions.--For purposes of this section--
(1) Eligible employer.--The term ``eligible employer'' means
any employer--
(A) which conducted an active trade or business on October
8, 2017, in the California wildfire disaster zone, and
(B) with respect to whom the trade or business described in
subparagraph (A) is inoperable on any day after October 8,
2017, and before January 1, 2018, as a result of damage
sustained by reason of the wildfires to which such declaration
of such area relates.
(2) Eligible employee.--The term ``eligible employee'' means
with respect to an eligible employer an employee whose principal
place of employment on October 8, 2017, with such eligible employer
was in the California wildfire disaster zone.
(3) Qualified wages.--The term ``qualified wages'' means wages
(as defined in section 51(c)(1) of the Internal Revenue Code of
1986, but without regard to section 3306(b)(2)(B) of such Code)
paid or incurred by an eligible employer with respect to an
eligible employee on any day after October 8, 2017, and before
January 1, 2018, which occurs during the period--
(A) beginning on the date on which the trade or business
described in paragraph (1) first became inoperable at the
principal place of employment of the employee immediately
before the wildfires to which the declaration of the California
wildfire disaster area relates, and
(B) ending on the date on which such trade or business has
resumed significant operations at such principal place of
employment.
Such term shall include wages paid without regard to whether the
employee performs no services, performs services at a different
place of employment than such principal place of employment, or
performs services at such principal place of employment before
significant operations have resumed.
(c) Certain Rules To Apply.--For purposes of this section, rules
similar to the rules of sections 51(i)(1), 52, and 280C(a) of the
Internal Revenue Code of 1986, shall apply.
(d) Employee Not Taken Into Account More Than Once.--An employee
shall not be treated as an eligible employee for purposes of this
section for any period with respect to any employer if such employer is
allowed a credit under section 51 of the Internal Revenue Code of 1986
with respect to such employee for such period.
SEC. 20104. ADDITIONAL DISASTER-RELATED TAX RELIEF PROVISIONS.
(a) Temporary Suspension of Limitations on Charitable
Contributions.--
(1) In general.--Except as otherwise provided in paragraph (2),
subsection (b) of section 170 of the Internal Revenue Code of 1986
shall not apply to qualified contributions and such contributions
shall not be taken into account for purposes of applying
subsections (b) and (d) of such section to other contributions.
(2) Treatment of excess contributions.--For purposes of section
170 of the Internal Revenue Code of 1986--
(A) Individuals.--In the case of an individual--
(i) Limitation.--Any qualified contribution shall be
allowed only to the extent that the aggregate of such
contributions does not exceed the excess of the taxpayer's
contribution base (as defined in subparagraph (H) of
section 170(b)(1) of such Code) over the amount of all
other charitable contributions allowed under section
170(b)(1) of such Code.
(ii) Carryover.--If the aggregate amount of qualified
contributions made in the contribution year (within the
meaning of section 170(d)(1) of such Code) exceeds the
limitation of clause (i), such excess shall be added to the
excess described in the portion of subparagraph (A) of such
section which precedes clause (i) thereof for purposes of
applying such section.
(B) Corporations.--In the case of a corporation--
(i) Limitation.--Any qualified contribution shall be
allowed only to the extent that the aggregate of such
contributions does not exceed the excess of the taxpayer's
taxable income (as determined under paragraph (2) of
section 170(b) of such Code) over the amount of all other
charitable contributions allowed under such paragraph.
(ii) Carryover.--Rules similar to the rules of
subparagraph (A)(ii) shall apply for purposes of this
subparagraph.
(3) Exception to overall limitation on itemized deductions.--So
much of any deduction allowed under section 170 of the Internal
Revenue Code of 1986 as does not exceed the qualified contributions
paid during the taxable year shall not be treated as an itemized
deduction for purposes of section 68 of such Code.
(4) Qualified contributions.--
(A) In general.--For purposes of this subsection, the term
``qualified contribution'' means any charitable contribution
(as defined in section 170(c) of the Internal Revenue Code of
1986) if--
(i) such contribution--
(I) is paid during the period beginning on October
8, 2017, and ending on December 31, 2018, in cash to an
organization described in section 170(b)(1)(A) of such
Code, and
(II) is made for relief efforts in the California
wildfire disaster area,
(ii) the taxpayer obtains from such organization
contemporaneous written acknowledgment (within the meaning
of section 170(f)(8) of such Code) that such contribution
was used (or is to be used) for relief efforts described in
clause (i)(II), and
(iii) the taxpayer has elected the application of this
subsection with respect to such contribution.
(B) Exception.--Such term shall not include a contribution
by a donor if the contribution is--
(i) to an organization described in section 509(a)(3)
of the Internal Revenue Code of 1986, or
(ii) for the establishment of a new, or maintenance of
an existing, donor advised fund (as defined in section
4966(d)(2) of such Code).
(C) Application of election to partnerships and s
corporations.--In the case of a partnership or S corporation,
the election under subparagraph (A)(iii) shall be made
separately by each partner or shareholder.
(b) Special Rules for Qualified Disaster-Related Personal Casualty
Losses.--
(1) In general.--If an individual has a net disaster loss for
any taxable year--
(A) the amount determined under section 165(h)(2)(A)(ii) of
the Internal Revenue Code of 1986 shall be equal to the sum
of--
(i) such net disaster loss, and
(ii) so much of the excess referred to in the matter
preceding clause (i) of section 165(h)(2)(A) of such Code
(reduced by the amount in clause (i) of this subparagraph)
as exceeds 10 percent of the adjusted gross income of the
individual,
(B) section 165(h)(1) of such Code shall be applied by
substituting ``$500'' for ``$500 ($100 for taxable years
beginning after December 31, 2009)'',
(C) the standard deduction determined under section 63(c)
of such Code shall be increased by the net disaster loss, and
(D) section 56(b)(1)(E) of such Code shall not apply to so
much of the standard deduction as is attributable to the
increase under subparagraph (C) of this paragraph.
(2) Net disaster loss.--For purposes of this subsection, the
term ``net disaster loss'' means the excess of qualified disaster-
related personal casualty losses over personal casualty gains (as
defined in section 165(h)(3)(A) of the Internal Revenue Code of
1986).
(3) Qualified disaster-related personal casualty losses.--For
purposes of this subsection, the term ``qualified disaster-related
personal casualty losses'' means losses described in section
165(c)(3) of the Internal Revenue Code of 1986 which arise in the
California wildfire disaster area on or after October 8, 2017, and
which are attributable to the wildfires to which the declaration of
such area relates.
(c) Special Rule for Determining Earned Income.--
(1) In general.--In the case of a qualified individual, if the
earned income of the taxpayer for the taxable year which includes
any portion of the period from October 8, 2017, to December 31,
2017, is less than the earned income of the taxpayer for the
preceding taxable year, the credits allowed under sections 24(d)
and 32 of the Internal Revenue Code of 1986 may, at the election of
the taxpayer, be determined by substituting--
(A) such earned income for the preceding taxable year, for
(B) such earned income for the taxable year which includes
any portion of the period from October 8, 2017, to December 31,
2017.
(2) Qualified individual.--For purposes of this subsection, the
term ``qualified individual'' means any individual whose principal
place of abode during any portion of the period from October 8,
2017, to December 31, 2017, was located--
(A) in the California wildfire disaster zone, or
(B) in the California wildfire disaster area (but outside
the California wildfire disaster zone) and such individual was
displaced from such principal place of abode by reason of the
wildfires to which the declaration of such area relates.
(3) Earned income.--For purposes of this subsection, the term
``earned income'' has the meaning given such term under section
32(c) of the Internal Revenue Code of 1986.
(4) Special rules.--
(A) Application to joint returns.--For purposes of
paragraph (1), in the case of a joint return for a taxable year
which includes any portion of the period from October 8, 2017,
to December 31, 2017--
(i) such paragraph shall apply if either spouse is a
qualified individual, and
(ii) the earned income of the taxpayer for the
preceding taxable year shall be the sum of the earned
income of each spouse for such preceding taxable year.
(B) Uniform application of election.--Any election made
under paragraph (1) shall apply with respect to both sections
24(d) and 32, of the Internal Revenue Code of 1986.
(C) Errors treated as mathematical error.--For purposes of
section 6213 of the Internal Revenue Code of 1986, an incorrect
use on a return of earned income pursuant to paragraph (1)
shall be treated as a mathematical or clerical error.
(D) No effect on determination of gross income, etc.--
Except as otherwise provided in this subsection, the Internal
Revenue Code of 1986 shall be applied without regard to any
substitution under paragraph (1).
TITLE II--TAX RELIEF FOR HURRICANES HARVEY, IRMA, AND MARIA
SEC. 20201. TAX RELIEF FOR HURRICANES HARVEY, IRMA, AND MARIA.
(a) Modification of Hurricanes Harvey and Irma Disaster Areas.--
Subsections (a)(2) and (b)(2) of section 501 of the Disaster Tax Relief
and Airport and Airway Extension Act of 2017 (Public Law 115-63; 131
Stat. 1173) are both amended by striking ``September 21, 2017'' and
inserting ``October 17, 2017''.
(b) Employee Retention Credit.--Subsections (a)(3), (b)(3), and
(c)(3) of section 503 of the Disaster Tax Relief and Airport and Airway
Extension Act of 2017 (Public Law 115-63; 131 Stat. 1181) are each
amended by striking ``sections 51(i)(1) and 52'' and inserting
``sections 51(i)(1), 52, and 280C(a)''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of title V of the Disaster Tax
Relief and Airport and Airway Extension Act of 2017 to which such
amendments relate.
TITLE III--HURRICANE MARIA RELIEF FOR PUERTO RICO AND THE VIRGIN
ISLANDS MEDICAID PROGRAMS
SEC. 20301. HURRICANE MARIA RELIEF FOR PUERTO RICO AND THE VIRGIN
ISLANDS MEDICAID PROGRAMS.
(a) Increased Caps.--Section 1108(g)(5) of the Social Security Act
(42 U.S.C. 1308(g)(5)) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B)'' and
inserting ``subparagraphs (B), (C), (D), and (E)''; and
(2) by adding at the end the following new subparagraphs:
``(C) Subject to subparagraphs (D) and (E), for the period
beginning January 1, 2018, and ending September 30, 2019--
``(i) the amount of the increase otherwise provided under
subparagraphs (A) and (B) for Puerto Rico shall be further
increased by $3,600,000,000; and
``(ii) the amount of the increase otherwise provided under
subparagraph (A) for the Virgin Islands shall be further
increased by $106,931,000.
``(D) For the period described in subparagraph (C), the amount
of the increase otherwise provided under subparagraph (A)--
``(i) for Puerto Rico shall be further increased by
$1,200,000,000 if the Secretary certifies that Puerto Rico has
taken reasonable and appropriate steps during such period, in
accordance with a timeline established by the Secretary, to--
``(I) implement methods, satisfactory to the Secretary,
for the collection and reporting of reliable data to the
Transformed Medicaid Statistical Information System (T-
MSIS) (or a successor system); and
``(II) demonstrate progress in establishing a State
medicaid fraud control unit described in section 1903(q);
and
``(ii) for the Virgin Islands shall be further increased by
$35,644,000 if the Secretary certifies that the Virgin Islands
has taken reasonable and appropriate steps during such period,
in accordance with a timeline established by the Secretary, to
meet the conditions for certification specified in subclauses
(I) and (II) of clause (i).
``(E) Notwithstanding any other provision of title XIX, during
the period in which the additional funds provided under
subparagraphs (C) and (D) are available for Puerto Rico and the
Virgin Islands, respectively, with respect to payments from such
additional funds for amounts expended by Puerto Rico and the Virgin
Islands under such title, the Secretary shall increase the Federal
medical assistance percentage or other rate that would otherwise
apply to such payments to 100 percent.''.
(b) Disregard of Certain Expenditures From Spending Cap.--Section
1108(g)(4) of the Social Security Act (42 U.S.C. 1308(g)(4)) is
amended--
(1) by inserting ``for a calendar quarter of such fiscal
year,'' after ``section 1903(a)(3)''; and
(2) by striking ``of such fiscal year for a calendar quarter of
such fiscal year,'' and inserting ``of such fiscal year, and with
respect to fiscal years beginning with fiscal year 2018, if the
Virgin Islands qualifies for a payment under section 1903(a)(6) for
a calendar quarter (beginning on or after January 1, 2018) of such
fiscal year,''.
(c) Report to Congress.--Not later than July 1, 2018, the Secretary
of Health and Human Services shall submit a report to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Finance of the Senate that--
(1) describes the steps taken by Puerto Rico and the Virgin
Islands to meet the conditions for certification specified in
clauses (i) and (ii), respectively, of section 1108(g)(5)(D) of the
Social Security Act (42 U.S.C. 1308(g)(5)(D)) (as amended by
subsection (a) of this section); and
(2) specifies timelines for each such territory to, as a
condition of eligibility for any additional increases in the
amounts determined for Puerto Rico or the Virgin Islands,
respectively, under subsection (g) of section 1108 of such Act (42
U.S.C. 1308) for purposes of payments under title XIX of such Act
for fiscal year 2019, complete--
(A) implementation of methods, satisfactory to the
Secretary, for the collection and reporting of reliable data to
the Transformed Medicaid Statistical Information System (T-
MSIS) (or a successor system); and
(B) the establishment of a State medicaid fraud control
unit described in section 1903(q) of the Social Security Act
(42 U.S.C. 1396d(q)).
TITLE IV--BUDGETARY EFFECTS
SEC. 20401. EMERGENCY DESIGNATION.
This subdivision is designated as an emergency requirement pursuant
to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C.
933(g)).
SEC. 20402. DESIGNATION IN SENATE.
In the Senate, this subdivision is designated as an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal year
2018.
Subdivision 3--Further Extension of Continuing Appropriations Act, 2018
Sec. 20101. The Continuing Appropriations Act, 2018 (division D of
Public Law 115-56) is further amended by--
(1) striking the date specified in section 106(3) and inserting
``March 23, 2018''; and
(2) inserting after section 155 the following new sections:
``Sec. 156. In addition to amounts provided by section 101,
amounts are provided for `Department of Commerce--Bureau of the
Census--Periodic Census and Programs' at a rate for operations of
$182,000,000 for an additional amount for the 2020 Decennial Census
Program; and such amounts may be apportioned up to the rate for
operations necessary to maintain the schedule and deliver the required
data according to statutory deadlines in the 2020 Decennial Census
Program.
``Sec. 157. Notwithstanding section 101, the matter preceding the
first proviso and the first proviso under the heading `Power Marketing
Administrations--Operation and Maintenance, Southeastern Power
Administration' in division D of Public Law 115-31 shall be applied by
substituting `$6,379,000' for `$1,000,000' each place it appears.
``Sec. 158. As authorized by section 404 of the Bipartisan Budget
Act of 2015 (Public Law 114-74; 42 U.S.C. 6239 note), the Secretary of
Energy shall draw down and sell not to exceed $350,000,000 of crude oil
from the Strategic Petroleum Reserve in fiscal year 2018: Provided,
That the proceeds from such drawdown and sale shall be deposited into
the `Energy Security and Infrastructure Modernization Fund' (in this
section referred to as the `Fund') during fiscal year 2018: Provided
further, That in addition to amounts otherwise made available by
section 101, any amounts deposited in the Fund shall be made available
and shall remain available until expended at a rate for operations of
$350,000,000, for necessary expenses in carrying out the Life Extension
II project for the Strategic Petroleum Reserve.
``Sec. 159. Amounts made available by section 101 for `The
Judiciary--Courts of Appeals, District Courts, and Other Judicial
Services--Fees of Jurors and Commissioners' may be apportioned up to
the rate for operations necessary to accommodate increased juror usage.
``Sec. 160. Section 144 of the Continuing Appropriations Act, 2018
(division D of Public Law 115-56), as amended by the Further Additional
Continuing Appropriations Act, 2018 (division A of Public Law 115-96),
is amended by (1) striking `$11,761,000' and inserting `$22,247,000',
and (2) striking `$1,104,000' and inserting `$1,987,000'.
``Sec. 161. Section 458(a)(4) of the Higher Education Act of 1965
(20 U.S.C. 1087h(a)(4)) shall be applied by substituting `2018' for
`2017'.
``Sec. 162. For the purpose of carrying out section 435(a)(2) of
the Higher Education Act of 1965 (HEA) (20 U.S.C. 1085(a)(2)), during
the period covered by this Act the Secretary of Education may waive the
requirement under section 435(a)(5)(A)(ii) of the HEA (20 U.S.C.
1085(a)(5)(A)(ii)) for an institution of higher education that offers
an associate degree, is a public institution, and is located in an
economically distressed county, defined as a county that ranks in the
lowest 5 percent of all counties in the United States based on a
national index of county economic status: Provided, That this section
shall apply to an institution of higher education that otherwise would
be ineligible to participate in a program under part A of title IV of
the HEA on or after the date of enactment of this Act due to the
application of section 435(a)(2) of the HEA.
``Sec. 163. Notwithstanding any other provision of law, funds made
available by this Act for military construction, land acquisition, and
family housing projects and activities may be obligated and expended to
carry out planning and design and military construction projects
authorized by law: Provided, That funds and authority provided by this
section may be used notwithstanding sections 102 and 104: Provided
further, That such funds may be used only for projects identified by
the Department of the Air Force in its January 29, 2018, letter sent to
the Committees on Appropriations of both Houses of Congress detailing
urgently needed fiscal year 2018 construction requirements.
``Sec. 164. (a) Section 116(h)(3)(D) of title 49, United States
Code, is amended--
``(1) in clause (i), by striking `During the 2-year period
beginning on the date of enactment of this section, the'; inserting
`The'; and inserting the following after the first sentence: `Any
such funds or limitation of obligations or portions thereof
transferred to the Bureau may be transferred back to and merged
with the original account.'; and
``(2) in clause (ii) by striking `During the 2-year period
beginning on the date of enactment of this section, the'; inserting
`The'; and inserting the following after the first sentence: `Any
such funds or limitation of obligations or portions thereof
transferred to the Bureau may be transferred back to and merged
with the original account.'.
``(b) Section 503(l)(4) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 823(l)(4)) is amended--
``(1) in the heading by striking `Safety and operations
account' and inserting `National Surface Transportation and
Innovative Finance Bureau account'; and
``(2) in subparagraph (A) by striking `Safety and Operations
account of the Federal Railroad Administration' and inserting
`National Surface Transportation and Innovative Finance Bureau
account'.
``Sec. 165. Section 24(o) of the United States Housing Act of 1937
(42 U.S.C. 1437v) shall be applied by substituting the date specified
in section 106(3) for `September 30, 2017'.''.
This subdivision may be cited as the ``Further Extension of
Continuing Appropriations Act, 2018''.
DIVISION C--BUDGETARY AND OTHER MATTERS
SEC. 30001. TABLE OF CONTENTS.
The table of contents for this division is as follows:
DIVISION C--BUDGETARY AND OTHER MATTERS
Sec. 30001. Table of contents.
TITLE I--BUDGET ENFORCEMENT
Sec. 30101. Amendments to the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 30102. Balances on the PAYGO Scorecards.
Sec. 30103. Authority for fiscal year 2019 budget resolution in the
Senate.
Sec. 30104. Authority for fiscal year 2019 budget resolution in the
House of Representatives.
Sec. 30105. Exercise of rulemaking powers.
TITLE II--OFFSETS
Sec. 30201. Customs user fees.
Sec. 30202. Aviation security service fees.
Sec. 30203. Extension of certain immigration fees.
Sec. 30204. Strategic Petroleum Reserve drawdown.
Sec. 30205. Elimination of surplus funds of Federal reserve banks.
Sec. 30206. Reemployment services and eligibility assessments.
TITLE III--TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT
Sec. 30301. Temporary extension of public debt limit.
TITLE IV--JOINT SELECT COMMITTEES
Subtitle A--Joint Select Committee on Solvency of Multiemployer Pension
Plans
Sec. 30421. Definitions.
Sec. 30422. Establishment of Joint Select Committee.
Sec. 30423. Funding.
Sec. 30424. Consideration of joint committee bill in the Senate.
Subtitle B--Joint Select Committee on Budget and Appropriations Process
Reform
Sec. 30441. Definitions.
Sec. 30442. Establishment of Joint Select Committee.
Sec. 30443. Funding.
Sec. 30444. Consideration of joint committee bill in the Senate.
TITLE I--BUDGET ENFORCEMENT
SEC. 30101. AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY DEFICIT
CONTROL ACT OF 1985.
(a) Revised Discretionary Spending Limits.--Section 251(c) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(c)) is amended by striking paragraphs (5) and (6) and inserting the
following:
``(5) for fiscal year 2018--
``(A) for the revised security category, $629,000,000,000
in new budget authority; and
``(B) for the revised nonsecurity category $579,000,000,000
in new budget authority;
``(6) for fiscal year 2019--
``(A) for the revised security category, $647,000,000,000
in new budget authority; and
``(B) for the revised nonsecurity category,
$597,000,000,000 in new budget authority;''.
(b) Direct Spending Adjustments for Fiscal Years 2018 and 2019.--
Section 251A of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 901a), is amended--
(1) in paragraph (5)(B), in the matter preceding clause (i), by
striking ``and (11)'' and inserting ``, (11), and (12)''; and
(2) by adding at the end the following:
``(12) Implementing direct spending reductions for fiscal years
2018 and 2019.--(A) OMB shall make the calculations necessary to
implement the direct spending reductions calculated pursuant to
paragraphs (3) and (4) without regard to the amendment made to
section 251(c) revising the discretionary spending limits for
fiscal years 2018 and 2019 by the Bipartisan Budget Act of 2018.
``(B) Paragraph (5)(B) shall not be implemented for fiscal
years 2018 and 2019.''.
(c) Extension of Direct Spending Reductions Through Fiscal Year
2027.--Section 251A(6) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901a(6)) is amended--
(1) in subparagraph (B), in the matter preceding clause (i), by
striking ``for fiscal year 2022, for fiscal year 2023, for fiscal
year 2024, and for fiscal year 2025'' and inserting ``for each of
fiscal years 2022 through 2027''; and
(2) in subparagraph (C), in the matter preceding clause (i), by
striking ``fiscal year 2025'' and inserting ``fiscal year 2027''.
SEC. 30102. BALANCES ON THE PAYGO SCORECARDS.
Effective on the date of enactment of this Act, the balances on the
PAYGO scorecards established pursuant to paragraphs (4) and (5) of
section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C.
933(d)) shall be zero.
SEC. 30103. AUTHORITY FOR FISCAL YEAR 2019 BUDGET RESOLUTION IN THE
SENATE.
(a) Fiscal Year 2019.--For purposes of enforcing the Congressional
Budget Act of 1974 (2 U.S.C. 621 et seq.) after April 15, 2018, and
enforcing budgetary points of order in prior concurrent resolutions on
the budget, the allocations, aggregates, and levels provided for in
subsection (b) shall apply in the Senate in the same manner as for a
concurrent resolution on the budget for fiscal year 2019 with
appropriate budgetary levels for fiscal years 2020 through 2028.
(b) Committee Allocations, Aggregates, and Levels.--After April 15,
2018, but not later than May 15, 2018, the Chairman of the Committee on
the Budget of the Senate shall file--
(1) for the Committee on Appropriations, committee allocations
for fiscal year 2019 consistent with discretionary spending limits
set forth in section 251(c)(6) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended by this Act, for the
purposes of enforcing section 302 of the Congressional Budget Act
of 1974 (2 U.S.C. 633);
(2) for all committees other than the Committee on
Appropriations, committee allocations for fiscal years 2019, 2019
through 2023, and 2019 through 2028 consistent with the most recent
baseline of the Congressional Budget Office, as adjusted for the
budgetary effects of any provision of law enacted during the period
beginning on the date such baseline is issued and ending on the
date of submission of such statement, for the purposes of enforcing
section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633);
(3) aggregate spending levels for fiscal year 2019 in
accordance with the allocations established under paragraphs (1)
and (2), for the purpose of enforcing section 311 of the
Congressional Budget Act of 1974 (2 U.S.C. 642);
(4) aggregate revenue levels for fiscal years 2019, 2019
through 2023, and 2019 through 2028 consistent with the most recent
baseline of the Congressional Budget Office, as adjusted for the
budgetary effects of any provision of law enacted during the period
beginning on the date such baseline is issued and ending on the
date of submission of such statement, for the purpose of enforcing
section 311 of the Congressional Budget Act of 1974 (2 U.S.C. 642);
and
(5) levels of Social Security revenues and outlays for fiscal
years 2019, 2019 through 2023, and 2019 through 2028 consistent
with the most recent baseline of the Congressional Budget Office,
as adjusted for the budgetary effects of any provision of law
enacted during the period beginning on the date such baseline is
issued and ending on the date of submission of such statement, for
the purpose of enforcing sections 302 and 311 of the Congressional
Budget Act of 1974 (2 U.S.C. 633 and 642).
(c) Additional Matter.--The filing referred to in subsection (b)
may also include for fiscal year 2019 the deficit-neutral reserve funds
contained in title III of H. Con. Res. 71 (115th Congress) updated by
one fiscal year.
(d) Expiration.--This section shall expire if a concurrent
resolution on the budget for fiscal year 2019 is agreed to by the
Senate and the House of Representatives pursuant to section 301 of the
Congressional Budget Act of 1974 (2 U.S.C. 632).
SEC. 30104. AUTHORITY FOR FISCAL YEAR 2019 BUDGET RESOLUTION IN THE
HOUSE OF REPRESENTATIVES.
(a) Fiscal Year 2019.--If a concurrent resolution on the budget for
fiscal year 2019 has not been adopted by April 15, 2018, for the
purpose of enforcing the Congressional Budget Act of 1974, the
allocations, aggregates, and levels provided for in subsection (b)
shall apply in the House of Representatives after April 15, 2018, in
the same manner as for a concurrent resolution on the budget for fiscal
year 2019 with appropriate budgetary levels for fiscal year 2019 and
for fiscal years 2020 through 2028.
(b) Committee Allocations, Aggregates, and Levels.--In the House of
Representatives, the Chair of the Committee on the Budget shall submit
a statement for publication in the Congressional Record after April 15,
2018, but not later than May 15, 2018, containing--
(1) for the Committee on Appropriations, committee allocations
for fiscal year 2019 for discretionary budget authority at the
total level set forth in section 251(c)(6) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended by this Act,
and the outlays flowing therefrom, and committee allocations for
fiscal year 2019 for current law mandatory budget authority and
outlays, for the purpose of enforcing section 302 of the
Congressional Budget Act of 1974;
(2) for all committees other than the Committee on
Appropriations, committee allocations for fiscal year 2019 and for
the period of fiscal years 2019 through 2028 at the levels included
in the most recent baseline of the Congressional Budget Office, as
adjusted for the budgetary effects of any provision of law enacted
during the period beginning on the date such baseline is issued and
ending on the date of submission of such statement, for the purpose
of enforcing section 302 of the Congressional Budget Act of 1974;
and
(3) aggregate spending levels for fiscal year 2019 and
aggregate revenue levels for fiscal year 2019 and for the period of
fiscal years 2019 through 2028, at the levels included in the most
recent baseline of the Congressional Budget Office, as adjusted for
the budgetary effects of any provision of law enacted during the
period beginning on the date such baseline is issued and ending on
the date of submission of such statement, for the purpose of
enforcing section 311 of the Congressional Budget Act of 1974.
(c) Additional Matter.--The statement referred to in subsection (b)
may also include for fiscal year 2019, the matter contained in the
provisions referred to in subsection (f)(1).
(d) Fiscal Year 2019 Allocation to the Committee on
Appropriations.--If the statement referred to in subsection (b) is not
filed by May 15, 2018, then the matter referred to in subsection (b)(1)
shall be submitted by the Chair of the Committee on the Budget for
publication in the Congressional Record on the next day that the House
of Representatives is in session.
(e) Adjustments.--The chair of the Committee on the Budget of the
House of Representatives may adjust the levels included in the
statement referred to in subsection (b) to reflect the budgetary
effects of any legislation enacted during the 115th Congress that
reduces the deficit or as otherwise necessary.
(f) Application.--Upon submission of the statement referred to in
subsection (b)--
(1) all references in sections 5101 through 5112, sections 5201
through 5205, section 5301, and section 5401 of House Concurrent
Resolution 71 (115th Congress) to a fiscal year shall be considered
for all purposes in the House to be references to the succeeding
fiscal year; and
(2) all references in the provisions referred to in paragraph
(1) to allocations, aggregates, or other appropriate levels in
``this concurrent resolution'', ``the most recently agreed to
concurrent resolution on the budget'', or ``this resolution'' shall
be considered for all purposes in the House to be references to the
allocations, aggregates, or other appropriate levels contained in
the statement referred to in subsection (b), as adjusted.
(g) Expiration.--Subsections (a) through (f) shall no longer apply
if a concurrent resolution on the budget for fiscal year 2019 is agreed
to by the Senate and House of Representatives.
SEC. 30105. EXERCISE OF RULEMAKING POWERS.
Sections 30103 and 30104 are enacted by the Congress--
(1) as an exercise of the rulemaking power of the Senate and
the House of Representatives, respectively, and as such they shall
be considered as part of the rules of each House, respectively, or
of that House to which they specifically apply, and such rules
shall supersede other rules only to the extent that they are
inconsistent therewith; and
(2) with full recognition of the constitutional right of either
House to change such rules (so far as relating to such House) at
any time, in the same manner, and to the same extent as in the case
of any other rule of such House.
TITLE II--OFFSETS
SEC. 30201. CUSTOMS USER FEES.
(a) In General.--Section 13031(j)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
(1) in subparagraph (A), by striking ``January 14, 2026'' and
inserting ``February 24, 2027''; and
(2) in subparagraph (B)(i), by striking ``September 30, 2025''
and inserting ``September 30, 2027''.
(b) Rate for Merchandise Processing Fees.--Section 503 of the
United States-Korea Free Trade Agreement Implementation Act (Public Law
112-41; 19 U.S.C. 3805 note) is amended by striking ``January 14,
2026'' and inserting ``February 24, 2027''.
SEC. 30202. AVIATION SECURITY SERVICE FEES.
Paragraph (4) of section 44940(i) of title 49, United States Code,
is amended by adding at the end the following new subparagraphs:
``(M) $1,640,000,000 for fiscal year 2026.
``(N) $1,680,000,000 for fiscal year 2027.''.
SEC. 30203. EXTENSION OF CERTAIN IMMIGRATION FEES.
(a) Visa Waiver Program.--Section 217(h)(3)(B)(iii) of the
Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B)(iii)) is
amended by striking ``September 30, 2020'' and inserting ``September
30, 2027''.
(b) L-1 and H-1b Visas.--Section 411 of the Air Transportation
Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended
by striking ``September 30, 2025'' each place it appears and inserting
``September 30, 2027''.
SEC. 30204. STRATEGIC PETROLEUM RESERVE DRAWDOWN.
(a) Drawdown and Sale.--
(1) In general.--Notwithstanding section 161 of the Energy
Policy and Conservation Act (42 U.S.C. 6241), except as provided in
subsection (b), the Secretary of Energy shall draw down and sell
from the Strategic Petroleum Reserve--
(A) 30,000,000 barrels of crude oil during the period of
fiscal years 2022 through 2025;
(B) 35,000,000 barrels of crude oil during fiscal year
2026; and
(C) 35,000,000 barrels of crude oil during fiscal year
2027.
(2) Deposit of amounts received from sale.--Amounts received
from a sale under paragraph (1) shall be deposited in the general
fund of the Treasury during the fiscal year in which the sale
occurs.
(b) Emergency Protection.--The Secretary of Energy may not draw
down and sell crude oil under this section in quantities that would
limit the authority to sell petroleum products under subsection (h) of
section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241)
in the full quantity authorized by that subsection.
(c) Strategic Petroleum Drawdown Conditions and Limitations.--
(1) Conditions.--Section 161(h)(1) of the Energy Policy and
Conservation Act (42 U.S.C. 6241(h)(1)) is amended in subparagraph
(B) by striking ``shortage; and'' and all that follows through
``Secretary of'' in subparagraph (C) and inserting the following:
``shortage;
``(C) the Secretary has found that action taken under this
subsection will not impair the ability of the United States to
carry out obligations of the United States under the
international energy program; and
``(D) the Secretary of''.
(2) Limitations.--Section 161(h)(2) of the Energy Policy and
Conservation Act (42 U.S.C. 6241(h)(2)) is amended by striking
``450,000,000'' each place it appears and inserting
``350,000,000''.
SEC. 30205. ELIMINATION OF SURPLUS FUNDS OF FEDERAL RESERVE BANKS.
Section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C.
289(a)(3)(A)) is amended by striking ``$10,000,000,000'' and inserting
``$7,500,000,000''.
SEC. 30206. REEMPLOYMENT SERVICES AND ELIGIBILITY ASSESSMENTS.
(a) In General.--Title III of the Social Security Act (42 U.S.C.
501 et seq.) is amended by adding at the end the following:
``SEC. 306. GRANTS TO STATES FOR REEMPLOYMENT SERVICES AND
ELIGIBILITY ASSESSMENTS.
``(a) In General.--The Secretary of Labor (in this section referred
to as the `Secretary') shall award grants under this section for a
fiscal year to eligible States to conduct a program of reemployment
services and eligibility assessments for individuals referred to
reemployment services as described in section 303(j) for weeks in such
fiscal year for which such individuals receive unemployment
compensation.
``(b) Purposes.--The purposes of this section are to accomplish the
following goals:
``(1) To improve employment outcomes of individuals that
receive unemployment compensation and to reduce the average
duration of receipt of such compensation through employment.
``(2) To strengthen program integrity and reduce improper
payments of unemployment compensation by States through the
detection and prevention of such payments to individuals who are
not eligible for such compensation.
``(3) To promote alignment with the broader vision of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.)
of increased program integration and service delivery for job
seekers, including claimants for unemployment compensation.
``(4) To establish reemployment services and eligibility
assessments as an entry point for individuals receiving
unemployment compensation into other workforce system partner
programs.
``(c) Evidence-based Standards.--
``(1) In general.--In carrying out a State program of
reemployment services and eligibility assessments using grant funds
awarded to the State under this section, a State shall use such
funds only for interventions demonstrated to reduce the number of
weeks for which program participants receive unemployment
compensation by improving employment outcomes for program
participants.
``(2) Expanding evidence-based interventions.--In addition to
the requirement imposed by paragraph (1), a State shall--
``(A) for fiscal years 2023 and 2024, use no less than 25
percent of the grant funds awarded to the State under this
section for interventions with a high or moderate causal
evidence rating that show a demonstrated capacity to improve
employment and earnings outcomes for program participants;
``(B) for fiscal years 2025 and 2026, use no less than 40
percent of such grant funds for interventions described in
subparagraph (A); and
``(C) for fiscal years beginning after fiscal year 2026,
use no less than 50 percent of such grant funds for
interventions described in subparagraph (A).
``(d) Evaluations.--
``(1) Required evaluations.--Any intervention without a high or
moderate causal evidence rating used by a State in carrying out a
State program of reemployment services and eligibility assessments
under this section shall be under evaluation at the time of use.
``(2) Funding limitation.--A State shall use not more than 10
percent of grant funds awarded to the State under this section to
conduct or cause to be conducted evaluations of interventions used
in carrying out a program under this section (including evaluations
conducted pursuant to paragraph (1)).
``(e) State Plan.--
``(1) In general.--As a condition of eligibility to receive a
grant under this section for a fiscal year, a State shall submit to
the Secretary, at such time and in such manner as the Secretary may
require, a State plan that outlines how the State intends to
conduct a program of reemployment services and eligibility
assessments under this section, including--
``(A) assurances that, and a description of how, the
program will provide--
``(i) proper notification to participating individuals
of the program's eligibility conditions, requirements, and
benefits, including the issuance of warnings and simple,
clear notifications to ensure that participating
individuals are fully aware of the consequences of failing
to adhere to such requirements, including policies related
to non-attendance or non-fulfillment of work search
requirements; and
``(ii) reasonable scheduling accommodations to maximize
participation for eligible individuals;
``(B) assurances that, and a description of how, the
program will conform with the purposes outlined in subsection
(b) and satisfy the requirement to use evidence-based standards
under subsection (c), including--
``(i) a description of the evidence-based interventions
the State plans to use to speed reemployment;
``(ii) an explanation of how such interventions are
appropriate to the population served; and
``(iii) if applicable, a description of the evaluation
structure the State plans to use for interventions without
at least a moderate or high causal evidence rating, which
may include national evaluations conducted by the
Department of Labor or by other entities; and
``(C) a description of any reemployment activities and
evaluations conducted in the prior fiscal year, and any data
collected on--
``(i) characteristics of program participants;
``(ii) the number of weeks for which program
participants receive unemployment compensation; and
``(iii) employment and other outcomes for program
participants consistent with State performance
accountability measures provided by the State unemployment
compensation program and in section 116(b) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3141(b)).
``(2) Approval.--The Secretary shall approve any State plan,
that is timely submitted to the Secretary, in such manner as the
Secretary may require, that satisfies the conditions described in
paragraph (1).
``(3) Disapproval and revision.--If the Secretary determines
that a State plan submitted pursuant to this subsection fails to
satisfy the conditions described in paragraph (1), the Secretary
shall--
``(A) disapprove such plan;
``(B) provide to the State, not later than 30 days after
the date of receipt of the State plan, a written notice of such
disapproval that includes a description of any portion of the
plan that was not approved and the reason for the disapproval
of each such portion; and
``(C) provide the State with an opportunity to correct any
such failure and submit a revised State plan.
``(f) Allocation of Funds.--
``(1) Base funding.--
``(A) In general.--For each fiscal year after fiscal year
2020, the Secretary shall allocate a percentage equal to the
base funding percentage for such fiscal year of the funds made
available for grants under this section among the States
awarded such a grant for such fiscal year using a formula
prescribed by the Secretary based on the rate of insured
unemployment (as defined in section 203(e)(1) of the Federal-
State Extended Unemployment Compensation Act of 1970 (26 U.S.C.
3304 note)) in the State for a period to be determined by the
Secretary. In developing such formula with respect to a State,
the Secretary shall consider the importance of avoiding sharp
reductions in grant funding to a State over time.
``(B) Base funding percentage.--For purposes of
subparagraph (A), the term `base funding percentage' means--
``(i) for fiscal years 2021 through 2026, 89 percent;
and
``(ii) for fiscal years after 2026, 84 percent.
``(2) Reservation for outcome payments.--
``(A) In general.--Of the amounts made available for grants
under this section for each fiscal year after 2020, the
Secretary shall reserve a percentage equal to the outcome
reservation percentage for such fiscal year for outcome
payments to increase the amount otherwise awarded to a State
under paragraph (1). Such outcome payments shall be paid to
States conducting reemployment services and eligibility
assessments under this section that, during the previous fiscal
year, met or exceeded the outcome goals provided in subsection
(b)(1) related to reducing the average duration of receipt of
unemployment compensation by improving employment outcomes.
``(B) Outcome reservation percentage.--For purposes of
subparagraph (A), the term `outcome reservation percentage'
means--
``(i) for fiscal years 2021 through 2026, 10 percent;
and
``(ii) for fiscal years after 2026, 15 percent.
``(3) Reservation for research and technical assistance.--Of
the amounts made available for grants under this section for each
fiscal year after 2020, the Secretary may reserve not more than 1
percent to conduct research and provide technical assistance to
States.
``(4) Consultation and public comment.--Not later than
September 30, 2019, the Secretary shall--
``(A) consult with the States and seek public comment in
developing the allocation formula under paragraph (1) and the
criteria for carrying out the reservations under paragraph (2);
and
``(B) make publicly available the allocation formula and
criteria developed pursuant to subclause (A).
``(g) Notification to Congress.--Not later than 90 days prior to
making any changes to the allocation formula or the criteria developed
pursuant to subsection (f)(5)(A), the Secretary shall submit to
Congress, including to the Committee on Ways and Means and the
Committee on Appropriations of the House of Representatives and the
Committee on Finance and the Committee on Appropriations of the Senate,
a notification of any such change.
``(h) Supplement Not Supplant.--Funds made available to carry out
this section shall be used to supplement the level of Federal, State,
and local public funds that, in the absence of such availability, would
be expended to provide reemployment services and eligibility
assessments to individuals receiving unemployment compensation, and in
no case to supplant such Federal, State, or local public funds.
``(i) Definitions.--In this section:
``(1) Causal evidence rating.--The terms `high causal evidence
rating' and `moderate causal evidence rating' shall have the
meaning given such terms by the Secretary of Labor.
``(2) Eligible state.--The term `eligible State' means a State
that has in effect a State plan approved by the Secretary in
accordance with subsection (e).
``(3) Intervention.--The term `intervention' means a service
delivery strategy for the provision of State reemployment services
and eligibility assessment activities under this section.
``(4) State.--The term `State' has the meaning given the term
in section 205 of the Federal-State Extended Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note).
``(5) Unemployment compensation.--The term unemployment
compensation means `regular compensation', `extended compensation',
and `additional compensation' (as such terms are defined by section
205 of the Federal-State Extended Unemployment Compensation Act of
1970 (26 U.S.C. 3304 note)).''.
(b) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary of Labor shall submit to Congress a report to
describe promising interventions used by States to provide reemployment
assistance.
(c) Adjustment to Discretionary Spending Limits.--Section 251(b)(2)
of the Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(b)(2)) is amended by adding at the end the following:
``(E) Reemployment services and eligibility assessments.--
``(i) In general.--If a bill or joint resolution making
appropriations for a fiscal year is enacted that specifies
an amount for grants to States under section 306 of the
Social Security Act, then the adjustment for that fiscal
year shall be the additional new budget authority provided
in that Act for such grants for that fiscal year, but shall
not exceed--
``(I) for fiscal year 2018, $0;
``(II) for fiscal year 2019, $33,000,000;
``(III) for fiscal year 2020, $58,000,000; and
``(IV) for fiscal year 2021, $83,000,000.
``(ii) Definition.--As used in this subparagraph, the
term `additional new budget authority' means the amount
provided for a fiscal year, in excess of $117,000,000, in
an appropriation Act and specified to pay for grants to
States under section 306 of the Social Security Act.''.
(d) Other Budgetary Adjustments.--Section 314 of the Congressional
Budget Act of 1974 (2 U.S.C. 645) is amended by adding at the end the
following:
``(g) Adjustment for Reemployment Services and Eligibility
Assessments.--
``(1) In general.--
``(A) Adjustments.--If the Committee on Appropriations of
either House reports an appropriation measure for any of fiscal
years 2022 through 2027 that provides budget authority for
grants under section 306 of the Social Security Act, or if a
conference committee submits a conference report thereon, the
chairman of the Committee on the Budget of the House of
Representatives or the Senate shall make the adjustments
referred to in subparagraph (B) to reflect the additional new
budget authority provided for such grants in that measure or
conference report and the outlays resulting therefrom,
consistent with subparagraph (D).
``(B) Types of adjustments.--The adjustments referred to in
this subparagraph consist of adjustments to--
``(i) the discretionary spending limits for that fiscal
year as set forth in the most recently adopted concurrent
resolution on the budget;
``(ii) the allocations to the Committees on
Appropriations of the Senate and the House of
Representatives for that fiscal year under section 302(a);
and
``(iii) the appropriate budget aggregates for that
fiscal year in the most recently adopted concurrent
resolution on the budget.
``(C) Enforcement.--The adjusted discretionary spending
limits, allocations, and aggregates under this paragraph shall
be considered the appropriate limits, allocations, and
aggregates for purposes of congressional enforcement of this
Act and concurrent budget resolutions under this Act.
``(D) Limitation.--No adjustment may be made under this
subsection in excess of--
``(i) for fiscal year 2022, $133,000,000;
``(ii) for fiscal year 2023, $258,000,000;
``(iii) for fiscal year 2024, $433,000,000;
``(iv) for fiscal year 2025, $533,000,000;
``(v) for fiscal year 2026, $608,000,000; and
``(vi) for fiscal year 2027, $633,000,000.
``(E) Definition.--As used in this subsection, the term
`additional new budget authority' means the amount provided for a
fiscal year, in excess of $117,000,000, in an appropriation measure
or conference report (as the case may be) and specified to pay for
grants to States under section 306 of the Social Security Act.
``(2) Report on 302(b) level.--Following any adjustment made
under paragraph (1), the Committees on Appropriations of the Senate
and the House of Representatives may report appropriately revised
suballocations pursuant to section 302(b) to carry out this
subsection.''.
TITLE III--TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT
SEC. 30301. TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT.
(a) In General.--Section 3101(b) of title 31, United States Code,
shall not apply for the period beginning on the date of the enactment
of this Act and ending on March 1, 2019.
(b) Special Rule Relating to Obligations Issued During Extension
Period.--Effective on March 2, 2019, the limitation in effect under
section 3101(b) of title 31, United States Code, shall be increased to
the extent that--
(1) the face amount of obligations issued under chapter 31 of
such title and the face amount of obligations whose principal and
interest are guaranteed by the United States Government (except
guaranteed obligations held by the Secretary of the Treasury)
outstanding on March 2, 2019, exceeds
(2) the face amount of such obligations outstanding on the date
of the enactment of this Act.
(c) Restoring Congressional Authority Over the National Debt.--
(1) Extension limited to necessary obligations.--An obligation
shall not be taken into account under subsection (b)(1) unless the
issuance of such obligation was necessary to fund a commitment
incurred pursuant to law by the Federal Government that required
payment before March 2, 2019.
(2) Prohibition on creation of cash reserve during extension
period.--The Secretary of the Treasury shall not issue obligations
during the period specified in subsection (a) for the purpose of
increasing the cash balance above normal operating balances in
anticipation of the expiration of such period.
TITLE IV--JOINT SELECT COMMITTEES
Subtitle A--Joint Select Committee on Solvency of Multiemployer Pension
Plans
SEC. 30421. DEFINITIONS.
In this subtitle--
(1) the term ``joint committee'' means the Joint Select
Committee on Solvency of Multiemployer Pension Plans established
under section 30422(a); and
(2) the term ``joint committee bill'' means a bill consisting
of the proposed legislative language of the joint committee
recommended in accordance with section 30422(b)(2)(B)(ii) and
introduced under section 30424(a).
SEC. 30422. ESTABLISHMENT OF JOINT SELECT COMMITTEE.
(a) Establishment of Joint Select Committee.--There is established
a joint select committee of Congress to be known as the ``Joint Select
Committee on Solvency of Multiemployer Pension Plans''.
(b) Implementation.--
(1) Goal.--The goal of the joint committee is to improve the
solvency of multiemployer pension plans and the Pension Benefit
Guaranty Corporation.
(2) Duties.--
(A) In general.--The joint committee shall provide
recommendations and legislative language that will
significantly improve the solvency of multiemployer pension
plans and the Pension Benefit Guaranty Corporation.
(B) Report, recommendations, and legislative language.--
(i) In general.--Not later than November 30, 2018, the
joint committee shall vote on--
(I) a report that contains a detailed statement of
the findings, conclusions, and recommendations of the
joint committee; and
(II) proposed legislative language to carry out the
recommendations described in subclause (I).
(ii) Approval of report and legislative language.--
(I) In general.--The report of the joint committee
and the proposed legislative language described in
clause (i) shall only be approved upon receiving the
votes of--
(aa) a majority of joint committee members
appointed by the Speaker of the House of
Representatives and the Majority Leader of the
Senate; and
(bb) a majority of joint committee members
appointed by the Minority Leader of the House of
Representatives and the Minority Leader of the
Senate.
(II) Availability.--The text of any report and
proposed legislative language shall be publicly
available in electronic form at least 24 hours prior to
its consideration.
(iii) Additional views.--A member of the joint
committee who gives notice of an intention to file
supplemental, minority, or additional views at the time of
the final joint committee vote on the approval of the
report and legislative language under clause (ii) shall be
entitled to 2 calendar days after the day of such notice in
which to file such views in writing with the co-chairs.
Such views shall then be included in the joint committee
report and printed in the same volume, or part thereof, and
their inclusion shall be noted on the cover of the report.
In the absence of timely notice, the joint committee report
may be printed and transmitted immediately without such
views.
(iv) Transmission of report and legislative language.--
If the report and legislative language are approved by the
joint committee pursuant to clause (ii), the joint
committee shall submit the joint committee report and
legislative language described in clause (i) to the
President, the Vice President, the Speaker of the House of
Representatives, and the majority and minority leaders of
each House of Congress not later than 15 calendar days
after such approval.
(v) Report and legislative language to be made
public.--Upon the approval of the joint committee report
and legislative language pursuant to clause (ii), the joint
committee shall promptly make the full report and
legislative language, and a record of any vote, available
to the public.
(3) Membership.--
(A) In general.--The joint committee shall be composed of
16 members appointed pursuant to subparagraph (B).
(B) Appointment.--Members of the joint committee shall be
appointed as follows:
(i) The Speaker of the House of Representatives shall
appoint 4 members from among Members of the House of
Representatives.
(ii) The Minority Leader of the House of
Representatives shall appoint 4 members from among Members
of the House of Representatives.
(iii) The Majority Leader of the Senate shall appoint 4
members from among Members of the Senate.
(iv) The Minority Leader of the Senate shall appoint 4
members from among Members of the Senate.
(C) Co-chairs.--Two of the appointed members of the joint
committee will serve as co-chairs. The Speaker of the House of
Representatives and the Majority Leader of the Senate shall
jointly appoint one co-chair, and the Minority Leader of the
House of Representatives and the Minority Leader of the Senate
shall jointly appoint the second co-chair. The co-chairs shall
be appointed not later than 14 calendar days after the date of
enactment of this Act.
(D) Date.--Members of the joint committee shall be
appointed not later than 14 calendar days after the date of
enactment of this Act.
(E) Period of appointment.--Members shall be appointed for
the life of the joint committee. Any vacancy in the joint
committee shall not affect its powers, but shall be filled not
later than 14 calendar days after the date on which the vacancy
occurs, in the same manner as the original appointment was
made. If a member of the joint committee ceases to be a Member
of the House of Representatives or the Senate, as the case may
be, the member is no longer a member of the joint committee and
a vacancy shall exist.
(4) Administration.--
(A) General authority.--For purposes of enabling the joint
committee to exercise its powers, functions, and duties under
this subtitle, and consistent with the Standing Rules of the
Senate, there is authorized from the date of enactment of this
Act through February 28, 2019, $500,000 to be allocated--
(i) in total during the period October 1, 2017 through
September 30, 2018; and
(ii) any remaining amounts shall be carried forward for
the period October 1, 2018 through February 28, 2019.
(B) Expenses.--Expenses of the joint committee shall be
paid from the contingent fund of the Senate upon vouchers
approved by the co-chairs, subject to the rules and regulations
of the Senate.
(C) Quorum.--Nine members of the joint committee shall
constitute a quorum for purposes of voting and meeting, and 5
members of the joint committee shall constitute a quorum for
holding hearings.
(D) Voting.--No proxy voting shall be allowed on behalf of
the members of the joint committee.
(E) Meetings.--
(i) Initial meeting.--Not later than 30 calendar days
after the date of enactment of this Act, the joint
committee shall hold its first meeting.
(ii) Agenda.--The co-chairs of the joint committee
shall provide an agenda to the joint committee members not
less than 48 hours in advance of any meeting.
(F) Hearings.--
(i) In general.--The joint committee may, for the
purpose of carrying out this section, hold such hearings,
sit and act at such times and places, require attendance of
witnesses and production of books, papers, and documents,
take such testimony, receive such evidence, and administer
such oaths as the joint committee considers advisable.
(ii) Hearing procedures and responsibilities of co-
chairs.--
(I) Announcement.--The co-chairs of the joint
committee shall make a public announcement of the date,
place, time, and subject matter of any hearing to be
conducted, not less than 7 days in advance of such
hearing, unless the co-chairs determine that there is
good cause to begin such hearing at an earlier date.
(II) Equal representation of witnesses.--Each co-
chair shall be entitled to select an equal number of
witnesses for each hearing held by the joint committee.
(III) Written statement.--A witness appearing
before the joint committee shall file a written
statement of proposed testimony at least 2 calendar
days before the appearance of the witness, unless the
requirement is waived by the co-chairs, following their
determination that there is good cause for failure to
comply with such requirement.
(G) Minimum number of public meetings and hearings.--The
joint committee shall hold--
(i) not less than a total of 5 public meetings or
public hearings; and
(ii) not less than 3 public hearings, which may include
field hearings.
(H) Technical assistance.--Upon written request of the co-
chairs, a Federal agency, including legislative branch
agencies, shall provide technical assistance to the joint
committee in order for the joint committee to carry out its
duties.
(I) Staffing.--
(i) Details.--Employees of the legislative branch may
be detailed to the joint committee on a nonreimbursable
basis, consistent with the rules and regulations of the
Senate.
(ii) Staff director.--The co-chairs, acting jointly,
may designate one such employee as staff director of the
joint committee.
(c) Ethical Standards.--Members on the joint committee who serve in
the House of Representatives shall be governed by the ethics rules and
requirements of the House. Members of the Senate who serve on the joint
committee shall comply with the ethics rules of the Senate.
(d) Termination.--The joint committee shall terminate on December
31, 2018 or 30 days after submission of its report and legislative
recommendations pursuant to this section whichever occurs first.
SEC. 30423. FUNDING.
(a) Special Reserve.--To enable the joint committee to exercise its
powers, functions, and duties under this subtitle, within the funds in
the account for ``Expenses of Inquiries and Investigations'' of the
Senate, not more than $500,000 shall be allocated from the special
reserve established in S. Res. 62, agreed to February 28, 2017 (115th
Congress), for use by the joint committee.
(b) Expiration.--None of the funds made available by this section
may be available for obligation by the joint committee after January 2,
2019.
(c) Availability Requirements.--For purposes of the joint
committee, section 20(b) of S. Res. 62, agreed to February 28, 2017
(115th Congress), shall not apply.
SEC. 30424. CONSIDERATION OF JOINT COMMITTEE BILL IN THE SENATE.
(a) Introduction.--Upon receipt of proposed legislative language
approved in accordance with section 30422(b)(2)(B)(ii), the language
shall be introduced in the Senate (by request) on the next day on which
the Senate is in session by the Majority Leader of the Senate or by a
Member of the Senate designated by the Majority Leader of the Senate.
(b) Committee Consideration.--A joint committee bill introduced in
the Senate under subsection (a) shall be jointly referred to the
Committee on Finance and the Committee on Health, Education, Labor, and
Pensions, which committees shall report the bill without any revision
and with a favorable recommendation, an unfavorable recommendation, or
without recommendation, no later than 7 session days after introduction
of the bill. If either committee fails to report the bill within that
period, that committee shall be automatically discharged from
consideration of the bill, and the bill shall be placed on the
appropriate calendar.
(c) Motion to Proceed to Consideration.--
(1) In general.--Notwithstanding rule XXII of the Standing
Rules of the Senate, it is in order, not later than 2 days of
session after the date on which a joint committee bill is reported
or discharged from the Committee on Finance and the Committee on
Health, Education, Labor, and Pensions, for the Majority Leader of
the Senate or the Majority Leader's designee to move to proceed to
the consideration of the joint committee bill. It shall also be in
order for any Member of the Senate to move to proceed to the
consideration of the joint committee bill at any time after the
conclusion of such 2-day period.
(2) Consideration of motion.--Consideration of the motion to
proceed to the consideration of the joint committee bill and all
debatable motions and appeals in connection therewith shall not
exceed 10 hours, which shall be divided equally between the
Majority and Minority Leaders or their designees. A motion to
further limit debate is in order, shall require an affirmative vote
of three-fifths of Members duly chosen and sworn, and is not
debatable.
(3) Vote threshold.--The motion to proceed to the consideration
of the joint committee bill shall only be agreed to upon an
affirmative vote of three-fifths of Members duly chosen and sworn.
(4) Limitations.--The motion is not subject to a motion to
postpone. All points of order against the motion to proceed to the
joint committee bill are waived. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall not be in
order.
(5) Deadline.--Not later than the last day of the 115th
Congress, the Senate shall vote on a motion to proceed to the joint
committee bill.
(6) Companion measures.--For purposes of this subsection, the
term ``joint committee bill'' includes a bill of the House of
Representatives that is a companion measure to the joint committee
bill introduced in the Senate.
(d) Rules of Senate.--This section is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate, and
as such is deemed a part of the rules of the Senate, but applicable
only with respect to the procedure to be followed in the Senate in
the case of a joint committee bill, and supersede other rules only
to the extent that they are inconsistent with such rules; and
(2) with full recognition of the constitutional right of the
Senate to change the rules (so far as relating to the procedure of
the Senate) at any time, in the same manner, and to the same extent
as in the case of any other rule of the Senate.
Subtitle B--Joint Select Committee on Budget and Appropriations Process
Reform
SEC. 30441. DEFINITIONS.
In this subtitle--
(1) the term ``joint committee'' means the Joint Select
Committee on Budget and Appropriations Process Reform established
under section 30442(a); and
(2) the term ``joint committee bill'' means a bill consisting
of the proposed legislative language of the joint committee
recommended in accordance with section 30442(b)(2)(B)(ii) and
introduced under section 30444(a).
SEC. 30442. ESTABLISHMENT OF JOINT SELECT COMMITTEE.
(a) Establishment of Joint Select Committee.--There is established
a joint select committee of Congress to be known as the ``Joint Select
Committee on Budget and Appropriations Process Reform''.
(b) Implementation.--
(1) Goal.--The goal of the joint committee is to reform the
budget and appropriations process.
(2) Duties.--
(A) In general.--The joint committee shall provide
recommendations and legislative language that will
significantly reform the budget and appropriations process.
(B) Report, recommendations, and legislative language.--
(i) In general.--Not later than November 30, 2018, the
joint committee shall vote on--
(I) a report that contains a detailed statement of
the findings, conclusions, and recommendations of the
joint committee; and
(II) proposed legislative language to carry out the
recommendations described in subclause (I).
(ii) Approval of report and legislative language.--
(I) In general.--The report of the joint committee
and the proposed legislative language described in
clause (i) shall only be approved upon receiving the
votes of--
(aa) a majority of joint committee members
appointed by the Speaker of the House of
Representatives and the Majority Leader of the
Senate; and
(bb) a majority of joint committee members
appointed by the Minority Leader of the House of
Representatives and the Minority Leader of the
Senate.
(II) Availability.--The text of any report and
proposed legislative language shall be publicly
available in electronic form at least 24 hours prior to
its consideration.
(iii) Additional views.--A member of the joint
committee who gives notice of an intention to file
supplemental, minority, or additional views at the time of
the final joint committee vote on the approval of the
report and legislative language under clause (ii) shall be
entitled to 2 calendar days after the day of such notice in
which to file such views in writing with the co-chairs.
Such views shall then be included in the joint committee
report and printed in the same volume, or part thereof, and
their inclusion shall be noted on the cover of the report.
In the absence of timely notice, the joint committee report
may be printed and transmitted immediately without such
views.
(iv) Transmission of report and legislative language.--
If the report and legislative language are approved by the
joint committee pursuant to clause (ii), the joint
committee shall submit the joint committee report and
legislative language described in clause (i) to the
President, the Vice President, the Speaker of the House of
Representatives, and the majority and minority leaders of
each House of Congress not later than 15 calendar days
after such approval.
(v) Report and legislative language to be made
public.--Upon the approval of the joint committee report
and legislative language pursuant to clause (ii), the joint
committee shall promptly make the full report and
legislative language, and a record of any vote, available
to the public.
(3) Membership.--
(A) In general.--The joint committee shall be composed of
16 members appointed pursuant to subparagraph (B).
(B) Appointment.--Members of the joint committee shall be
appointed as follows:
(i) The Speaker of the House of Representatives shall
appoint 4 members from among Members of the House of
Representatives.
(ii) The Minority Leader of the House of
Representatives shall appoint 4 members from among Members
of the House of Representatives.
(iii) The Majority Leader of the Senate shall appoint 4
members from among Members of the Senate.
(iv) The Minority Leader of the Senate shall appoint 4
members from among Members of the Senate.
(C) Co-chairs.--Two of the appointed members of the joint
committee will serve as co-chairs. The Speaker of the House of
Representatives and the Majority Leader of the Senate shall
jointly appoint one co-chair, and the Minority Leader of the
House of Representatives and the Minority Leader of the Senate
shall jointly appoint the second co-chair. The co-chairs shall
be appointed not later than 14 calendar days after the date of
enactment of this Act.
(D) Date.--Members of the joint committee shall be
appointed not later than 14 calendar days after the date of
enactment of this Act.
(E) Period of appointment.--Members shall be appointed for
the life of the joint committee. Any vacancy in the joint
committee shall not affect its powers, but shall be filled not
later than 14 calendar days after the date on which the vacancy
occurs, in the same manner as the original appointment was
made. If a member of the joint committee ceases to be a Member
of the House of Representatives or the Senate, as the case may
be, the member is no longer a member of the joint committee and
a vacancy shall exist.
(4) Administration.--
(A) General authority.--For purposes of enabling the joint
committee to exercise its powers, functions, and duties under
this subtitle, and consistent with the Standing Rules of the
Senate, there is authorized from the date of enactment of this
Act through February 28, 2019, $500,000 to be allocated--
(i) in total during the period October 1, 2017 through
September 30, 2018; and
(ii) any remaining amounts shall be carried forward for
the period October 1, 2018 through February 28, 2019.
(B) Expenses.--Expenses of the joint committee shall be
paid from the contingent fund of the Senate upon vouchers
approved by the co-chairs, subject to the rules and regulations
of the Senate.
(C) Quorum.--Nine members of the joint committee shall
constitute a quorum for purposes of voting and meeting, and 5
members of the joint committee shall constitute a quorum for
holding hearings.
(D) Voting.--No proxy voting shall be allowed on behalf of
the members of the joint committee.
(E) Meetings.--
(i) Initial meeting.--Not later than 30 calendar days
after the date of enactment of this Act, the joint
committee shall hold its first meeting.
(ii) Agenda.--The co-chairs of the joint committee
shall provide an agenda to the joint committee members not
less than 48 hours in advance of any meeting.
(F) Hearings.--
(i) In general.--The joint committee may, for the
purpose of carrying out this section, hold such hearings,
sit and act at such times and places, require attendance of
witnesses and production of books, papers, and documents,
take such testimony, receive such evidence, and administer
such oaths as the joint committee considers advisable.
(ii) Hearing procedures and responsibilities of co-
chairs.--
(I) Announcement.--The co-chairs of the joint
committee shall make a public announcement of the date,
place, time, and subject matter of any hearing to be
conducted, not less than 7 days in advance of such
hearing, unless the co-chairs determine that there is
good cause to begin such hearing at an earlier date.
(II) Equal representation of witnesses.--Each co-
chair shall be entitled to select an equal number of
witnesses for each hearing held by the joint committee.
(III) Written statement.--A witness appearing
before the joint committee shall file a written
statement of proposed testimony at least 2 calendar
days before the appearance of the witness, unless the
requirement is waived by the co-chairs, following their
determination that there is good cause for failure to
comply with such requirement.
(G) Minimum number of public meetings and hearings.--The
joint committee shall hold--
(i) not less than a total of 5 public meetings or
public hearings; and
(ii) not less than 3 public hearings, which may include
field hearings.
(H) Technical assistance.--Upon written request of the co-
chairs, a Federal agency, including legislative branch
agencies, shall provide technical assistance to the joint
committee in order for the joint committee to carry out its
duties.
(I) Staffing.--
(i) Details.--Employees of the legislative branch may
be detailed to the joint committee on a nonreimbursable
basis, consistent with the rules and regulations of the
Senate.
(ii) Staff director.--The co-chairs, acting jointly,
may designate one such employee as staff director of the
joint committee.
(c) Ethical Standards.--Members on the joint committee who serve in
the House of Representatives shall be governed by the ethics rules and
requirements of the House. Members of the Senate who serve on the joint
committee shall comply with the ethics rules of the Senate.
(d) Termination.--The joint committee shall terminate on December
31, 2018 or 30 days after submission of its report and legislative
recommendations pursuant to this section whichever occurs first.
SEC. 30443. FUNDING.
(a) Special Reserve.--To enable the joint committee to exercise its
powers, functions, and duties under this subtitle, within the funds in
the account for ``Expenses of Inquiries and Investigations'' of the
Senate, not more than $500,000 shall be allocated from the special
reserve established in S. Res. 62, agreed to February 28, 2017 (115th
Congress), for use by the joint committee.
(b) Expiration.--None of the funds made available by this section
may be available for obligation by the joint committee after January 2,
2019.
(c) Availability Requirements.--For purposes of the joint
committee, section 20(b) of S. Res. 62, agreed to February 28, 2017
(115th Congress), shall not apply.
SEC. 30444. CONSIDERATION OF JOINT COMMITTEE BILL IN THE SENATE.
(a) Introduction.--Upon receipt of proposed legislative language
approved in accordance with section 30442(b)(2)(B)(ii), the language
shall be introduced in the Senate (by request) on the next day on which
the Senate is in session by the Majority Leader of the Senate or by a
Member of the Senate designated by the Majority Leader of the Senate.
(b) Committee Consideration.--A joint committee bill introduced in
the Senate under subsection (a) shall be referred to the Committee on
the Budget, which shall report the bill without any revision and with a
favorable recommendation, an unfavorable recommendation, or without
recommendation, no later than 7 session days after introduction of the
bill. If the Committee on the Budget fails to report the bill within
that period, the committee shall be automatically discharged from
consideration of the bill, and the bill shall be placed on the
appropriate calendar.
(c) Motion to Proceed to Consideration.--
(1) In general.--Notwithstanding rule XXII of the Standing
Rules of the Senate, it is in order, not later than 2 days of
session after the date on which a joint committee bill is reported
or discharged from the Committee on the Budget, for the Majority
Leader of the Senate or the Majority Leader's designee to move to
proceed to the consideration of the joint committee bill. It shall
also be in order for any Member of the Senate to move to proceed to
the consideration of the joint committee bill at any time after the
conclusion of such 2-day period.
(2) Consideration of motion.--Consideration of the motion to
proceed to the consideration of the joint committee bill and all
debatable motions and appeals in connection therewith shall not
exceed 10 hours, which shall be divided equally between the
Majority and Minority Leaders or their designees. A motion to
further limit debate is in order, shall require an affirmative vote
of three-fifths of Members duly chosen and sworn, and is not
debatable.
(3) Vote threshold.--The motion to proceed to the consideration
of the joint committee bill shall only be agreed to upon an
affirmative vote of three-fifths of Members duly chosen and sworn.
(4) Limitations.--The motion is not subject to a motion to
postpone. All points of order against the motion to proceed to the
joint committee bill are waived. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall not be in
order.
(5) Deadline.--Not later than the last day of the 115th
Congress, the Senate shall vote on a motion to proceed to the joint
committee bill.
(d) Rules of Senate.--This section is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate, and
as such is deemed a part of the rules of the Senate, but applicable
only with respect to the procedure to be followed in the Senate in
the case of a joint committee bill, and supersede other rules only
to the extent that they are inconsistent with such rules; and
(2) with full recognition of the constitutional right of the
Senate to change the rules (so far as relating to the procedure of
the Senate) at any time, in the same manner, and to the same extent
as in the case of any other rule of the Senate.
DIVISION D--REVENUE MEASURES
SECTION 40001. TABLE OF CONTENTS.
The table of contents for this division is as follows:
DIVISION D--REVENUE MEASURES
Sec. 40001. Table of contents.
TITLE I--EXTENSION OF EXPIRING PROVISIONS
Sec. 40101. Amendment of Internal Revenue Code of 1986.
Subtitle A--Tax Relief for Families and Individuals
Sec. 40201. Extension of exclusion from gross income of discharge of
qualified principal residence indebtedness.
Sec. 40202. Extension of mortgage insurance premiums treated as
qualified residence interest.
Sec. 40203. Extension of above-the-line deduction for qualified tuition
and related expenses.
Subtitle B--Incentives for Growth, Jobs, Investment, and Innovation
Sec. 40301. Extension of Indian employment tax credit.
Sec. 40302. Extension of railroad track maintenance credit.
Sec. 40303. Extension of mine rescue team training credit.
Sec. 40304. Extension of classification of certain race horses as 3-year
property.
Sec. 40305. Extension of 7-year recovery period for motorsports
entertainment complexes.
Sec. 40306. Extension of accelerated depreciation for business property
on an Indian reservation.
Sec. 40307. Extension of election to expense mine safety equipment.
Sec. 40308. Extension of special expensing rules for certain
productions.
Sec. 40309. Extension of deduction allowable with respect to income
attributable to domestic production activities in Puerto Rico.
Sec. 40310. Extension of special rule relating to qualified timber gain.
Sec. 40311. Extension of empowerment zone tax incentives.
Sec. 40312. Extension of American Samoa economic development credit.
Subtitle C--Incentives for Energy Production and Conservation
Sec. 40401. Extension of credit for nonbusiness energy property.
Sec. 40402. Extension and modification of credit for residential energy
property.
Sec. 40403. Extension of credit for new qualified fuel cell motor
vehicles.
Sec. 40404. Extension of credit for alternative fuel vehicle refueling
property.
Sec. 40405. Extension of credit for 2-wheeled plug-in electric vehicles.
Sec. 40406. Extension of second generation biofuel producer credit.
Sec. 40407. Extension of biodiesel and renewable diesel incentives.
Sec. 40408. Extension of production credit for Indian coal facilities.
Sec. 40409. Extension of credits with respect to facilities producing
energy from certain renewable resources.
Sec. 40410. Extension of credit for energy-efficient new homes.
Sec. 40411. Extension and phaseout of energy credit.
Sec. 40412. Extension of special allowance for second generation biofuel
plant property.
Sec. 40413. Extension of energy efficient commercial buildings
deduction.
Sec. 40414. Extension of special rule for sales or dispositions to
implement FERC or State electric restructuring policy for
qualified electric utilities.
Sec. 40415. Extension of excise tax credits relating to alternative
fuels.
Sec. 40416. Extension of Oil Spill Liability Trust Fund financing rate.
Subtitle D--Modifications of Energy Incentives
Sec. 40501. Modifications of credit for production from advanced nuclear
power facilities.
TITLE II--MISCELLANEOUS PROVISIONS
Sec. 41101. Amendment of Internal Revenue Code of 1986.
Sec. 41102. Modifications to rum cover over.
Sec. 41103. Extension of waiver of limitations with respect to excluding
from gross income amounts received by wrongfully incarcerated
individuals.
Sec. 41104. Individuals held harmless on improper levy on retirement
plans.
Sec. 41105. Modification of user fee requirements for installment
agreements.
Sec. 41106. Form 1040SR for seniors.
Sec. 41107. Attorneys fees relating to awards to whistleblowers.
Sec. 41108. Clarification of whistleblower awards.
Sec. 41109. Clarification regarding excise tax based on investment
income of private colleges and universities.
Sec. 41110. Exception from private foundation excess business holding
tax for independently-operated philanthropic business
holdings.
Sec. 41111. Rule of construction for Craft Beverage Modernization and
Tax Reform.
Sec. 41112. Simplification of rules regarding records, statements, and
returns.
Sec. 41113. Modification of rules governing hardship distributions.
Sec. 41114. Modification of rules relating to hardship withdrawals from
cash or deferred arrangements.
Sec. 41115. Opportunity Zones rule for Puerto Rico.
Sec. 41116. Tax home of certain citizens or residents of the United
States living abroad.
Sec. 41117. Treatment of foreign persons for returns relating to
payments made in settlement of payment card and third party
network transactions.
Sec. 41118. Repeal of shift in time of payment of corporate estimated
taxes.
Sec. 41119. Enhancement of carbon dioxide sequestration credit.
TITLE I--EXTENSION OF EXPIRING PROVISIONS
SEC. 40101. AMENDMENT OF INTERNAL REVENUE CODE OF 1986.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Internal Revenue Code of
1986.
Subtitle A--Tax Relief for Families and Individuals
SEC. 40201. EXTENSION OF EXCLUSION FROM GROSS INCOME OF DISCHARGE OF
QUALIFIED PRINCIPAL RESIDENCE INDEBTEDNESS.
(a) In General.--Section 108(a)(1)(E) is amended by striking
``January 1, 2017'' each place it appears and inserting ``January 1,
2018''.
(b) Effective Date.--The amendments made by this section shall
apply to discharges of indebtedness after December 31, 2016.
SEC. 40202. EXTENSION OF MORTGAGE INSURANCE PREMIUMS TREATED AS
QUALIFIED RESIDENCE INTEREST.
(a) In General.--Subclause (I) of section 163(h)(3)(E)(iv) is
amended by striking ``December 31, 2016'' and inserting ``December 31,
2017''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or accrued after December 31, 2016.
SEC. 40203. EXTENSION OF ABOVE-THE-LINE DEDUCTION FOR QUALIFIED TUITION
AND RELATED EXPENSES.
(a) In General.--Section 222(e) is amended by striking ``December
31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2016.
Subtitle B--Incentives for Growth, Jobs, Investment, and Innovation
SEC. 40301. EXTENSION OF INDIAN EMPLOYMENT TAX CREDIT.
(a) In General.--Section 45A(f) is amended by striking ``December
31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2016.
SEC. 40302. EXTENSION OF RAILROAD TRACK MAINTENANCE CREDIT.
(a) In General.--Section 45G(f) is amended by striking ``January 1,
2017'' and inserting ``January 1, 2018''.
(b) Effective Date.--
(1) In general.--The amendment made by this section shall apply
to expenditures paid or incurred in taxable years beginning after
December 31, 2016.
(2) Safe harbor assignments.--Assignments, including related
expenditures paid or incurred, under paragraph (2) of section
45G(b) of the Internal Revenue Code of 1986 for taxable years
ending after January 1, 2017, and before January 1, 2018, shall be
treated as effective as of the close of such taxable year if made
pursuant to a written agreement entered into no later than 90 days
following the date of the enactment of this Act.
SEC. 40303. EXTENSION OF MINE RESCUE TEAM TRAINING CREDIT.
(a) In General.--Section 45N(e) is amended by striking ``December
31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2016.
SEC. 40304. EXTENSION OF CLASSIFICATION OF CERTAIN RACE HORSES AS 3-
YEAR PROPERTY.
(a) In General.--Section 168(e)(3)(A)(i) is amended--
(1) by striking ``January 1, 2017'' in subclause (I) and
inserting ``January 1, 2018'', and
(2) by striking ``December 31, 2016'' in subclause (II) and
inserting ``December 31, 2017''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2016.
SEC. 40305. EXTENSION OF 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS
ENTERTAINMENT COMPLEXES.
(a) In General.--Section 168(i)(15)(D) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2016.
SEC. 40306. EXTENSION OF ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY
ON AN INDIAN RESERVATION.
(a) In General.--Section 168(j)(9) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2016.
SEC. 40307. EXTENSION OF ELECTION TO EXPENSE MINE SAFETY EQUIPMENT.
(a) In General.--Section 179E(g) is amended by striking ``December
31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2016.
SEC. 40308. EXTENSION OF SPECIAL EXPENSING RULES FOR CERTAIN
PRODUCTIONS.
(a) In General.--Section 181(g) is amended by striking ``December
31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section shall apply
to productions commencing after December 31, 2016.
SEC. 40309. EXTENSION OF DEDUCTION ALLOWABLE WITH RESPECT TO INCOME
ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES IN PUERTO RICO.
For purposes of applying section 199(d)(8)(C) of the Internal
Revenue Code of 1986 with respect to taxable years beginning during
2017, such section shall be applied--
(1) by substituting ``first 12 taxable years'' for ``first 11
taxable years'', and
(2) by substituting ``January 1, 2018'' for ``January 1,
2017''.
SEC. 40310. EXTENSION OF SPECIAL RULE RELATING TO QUALIFIED TIMBER
GAIN.
For purposes of applying section 1201(b) of the Internal Revenue
Code of 1986 with respect to taxable years beginning during 2017, such
section shall be applied by substituting ``2016 or 2017'' for ``2016''.
SEC. 40311. EXTENSION OF EMPOWERMENT ZONE TAX INCENTIVES.
(a) In General.--
(1) Extension.--Section 1391(d)(1)(A)(i) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(2) Treatment of certain termination dates specified in
nominations.--In the case of a designation of an empowerment zone
the nomination for which included a termination date which is
contemporaneous with the date specified in subparagraph (A)(i) of
section 1391(d)(1) of the Internal Revenue Code of 1986 (as in
effect before the enactment of this Act), subparagraph (B) of such
section shall not apply with respect to such designation if, after
the date of the enactment of this section, the entity which made
such nomination amends the nomination to provide for a new
termination date in such manner as the Secretary of the Treasury
(or the Secretary's designee) may provide.
(b) Effective Date.--The amendment made by subsection (a)(1) shall
apply to taxable years beginning after December 31, 2016.
SEC. 40312. EXTENSION OF AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.
(a) In General.--Section 119 of division A of the Tax Relief and
Health Care Act of 2006 is amended--
(1) in subsection (d)--
(A) by striking ``January 1, 2017'' each place it appears
and inserting ``January 1, 2018'',
(B) by striking ``first 11 taxable years'' in paragraph (1)
and inserting ``first 12 taxable years'', and
(C) by striking ``first 5 taxable years'' in paragraph (2)
and inserting ``first 6 taxable years'', and
(2) in subsection (e), by adding at the end the following:
``References in this subsection to section 199 of the Internal
Revenue Code of 1986 shall be treated as references to such section
as in effect before its repeal.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.
Subtitle C--Incentives for Energy Production and Conservation
SEC. 40401. EXTENSION OF CREDIT FOR NONBUSINESS ENERGY PROPERTY.
(a) In General.--Section 25C(g)(2) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2016.
SEC. 40402. EXTENSION AND MODIFICATION OF CREDIT FOR RESIDENTIAL ENERGY
PROPERTY.
(a) In General.--Section 25D(h) is amended by striking ``December
31, 2016'' and all that follows and inserting ``December 31, 2021.''.
(b) Phaseout.--
(1) In general.--Section 25D(a) is amended by striking ``the
sum of--'' and all that follows and inserting ``the sum of the
applicable percentages of--
``(1) the qualified solar electric property expenditures,
``(2) the qualified solar water heating property expenditures,
``(3) the qualified fuel cell property expenditures,
``(4) the qualified small wind energy property expenditures,
and
``(5) the qualified geothermal heat pump property expenditures,
made by the taxpayer during such year.''.
(2) Conforming amendment.--Section 25D(g) is amended by
striking ``paragraphs (1) and (2) of''.
(c) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2016.
SEC. 40403. EXTENSION OF CREDIT FOR NEW QUALIFIED FUEL CELL MOTOR
VEHICLES.
(a) In General.--Section 30B(k)(1) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section shall apply
to property purchased after December 31, 2016.
SEC. 40404. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLE REFUELING
PROPERTY.
(a) In General.--Section 30C(g) is amended by striking ``December
31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2016.
SEC. 40405. EXTENSION OF CREDIT FOR 2-WHEELED PLUG-IN ELECTRIC
VEHICLES.
(a) In General.--Section 30D(g)(3)(E)(ii) is amended by striking
``January 1, 2017'' and inserting ``January 1, 2018''.
(b) Effective Date.--The amendment made by this section shall apply
to vehicles acquired after December 31, 2016.
SEC. 40406. EXTENSION OF SECOND GENERATION BIOFUEL PRODUCER CREDIT.
(a) In General.--Section 40(b)(6)(J)(i) is amended by striking
``January 1, 2017'' and inserting ``January 1, 2018''.
(b) Effective Date.--The amendment made by this section shall apply
to qualified second generation biofuel production after December 31,
2016.
SEC. 40407. EXTENSION OF BIODIESEL AND RENEWABLE DIESEL INCENTIVES.
(a) Income Tax Credit.--
(1) In general.--Subsection (g) of section 40A is amended by
striking ``December 31, 2016'' and inserting ``December 31, 2017''.
(2) Effective date.--The amendment made by this subsection
shall apply to fuel sold or used after December 31, 2016.
(b) Excise Tax Incentives.--
(1) In general.--Section 6426(c)(6) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(2) Payments.--Section 6427(e)(6)(B) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(3) Effective date.--The amendments made by this subsection
shall apply to fuel sold or used after December 31, 2016.
(4) Special rule for 2017.--Notwithstanding any other provision
of law, in the case of any biodiesel mixture credit properly
determined under section 6426(c) of the Internal Revenue Code of
1986 for the period beginning on January 1, 2017, and ending on
December 31, 2017, such credit shall be allowed, and any refund or
payment attributable to such credit (including any payment under
section 6427(e) of such Code) shall be made, only in such manner as
the Secretary of the Treasury (or the Secretary's delegate) shall
provide. Such Secretary shall issue guidance within 30 days after
the date of the enactment of this Act providing for a one-time
submission of claims covering periods described in the preceding
sentence. Such guidance shall provide for a 180-day period for the
submission of such claims (in such manner as prescribed by such
Secretary) to begin not later than 30 days after such guidance is
issued. Such claims shall be paid by such Secretary not later than
60 days after receipt. If such Secretary has not paid pursuant to a
claim filed under this subsection within 60 days after the date of
the filing of such claim, the claim shall be paid with interest
from such date determined by using the overpayment rate and method
under section 6621 of such Code.
SEC. 40408. EXTENSION OF PRODUCTION CREDIT FOR INDIAN COAL FACILITIES.
(a) In General.--Section 45(e)(10)(A) is amended by striking ``11-
year period'' each place it appears and inserting ``12-year period''.
(b) Effective Date.--The amendment made by this section shall apply
to coal produced after December 31, 2016.
SEC. 40409. EXTENSION OF CREDITS WITH RESPECT TO FACILITIES PRODUCING
ENERGY FROM CERTAIN RENEWABLE RESOURCES.
(a) In General.--The following provisions of section 45(d) are each
amended by striking ``January 1, 2017'' each place it appears and
inserting ``January 1, 2018'':
(1) Paragraph (2)(A).
(2) Paragraph (3)(A).
(3) Paragraph (4)(B).
(4) Paragraph (6).
(5) Paragraph (7).
(6) Paragraph (9).
(7) Paragraph (11)(B).
(b) Extension of Election To Treat Qualified Facilities as Energy
Property.--Section 48(a)(5)(C)(ii) is amended by striking ``January 1,
2017'' and inserting ``January 1, 2018''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2017.
SEC. 40410. EXTENSION OF CREDIT FOR ENERGY-EFFICIENT NEW HOMES.
(a) In General.--Section 45L(g) is amended by striking ``December
31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section shall apply
to homes acquired after December 31, 2016.
SEC. 40411. EXTENSION AND PHASEOUT OF ENERGY CREDIT.
(a) Extension of Solar and Thermal Energy Property.--Section
48(a)(3)(A) is amended--
(1) by striking ``periods ending before January 1, 2017'' in
clause (ii) and inserting ``property the construction of which
begins before January 1, 2022'', and
(2) by striking ``periods ending before January 1, 2017'' in
clause (vii) and inserting ``property the construction of which
begins before January 1, 2022''.
(b) Phaseout of 30-Percent Credit Rate for Fiber-optic Solar,
Qualified Fuel Cell, and Qualified Small Wind Energy Property.--
(1) In general.--Section 48(a) is amended by adding at the end
the following new paragraph:
``(7) Phaseout for fiber-optic solar, qualified fuel cell, and
qualified small wind energy property.--
``(A) In general.--Subject to subparagraph (B), in the case
of any qualified fuel cell property, qualified small wind
property, or energy property described in paragraph (3)(A)(ii),
the energy percentage determined under paragraph (2) shall be
equal to--
``(i) in the case of any property the construction of
which begins after December 31, 2019, and before January 1,
2021, 26 percent, and
``(ii) in the case of any property the construction of
which begins after December 31, 2020, and before January 1,
2022, 22 percent.
``(B) Placed in service deadline.--In the case of any
energy property described in subparagraph (A) which is not
placed in service before January 1, 2024, the energy percentage
determined under paragraph (2) shall be equal to 0 percent.''.
(2) Conforming amendment.--Section 48(a)(2)(A) is amended by
striking ``paragraph (6)'' and inserting ``paragraphs (6) and
(7)''.
(3) Clarification relating to phaseout for wind facilities.--
Section 48(a)(5)(E) is amended by inserting ``which is treated as
energy property by reason of this paragraph'' after ``using wind to
produce electricity''.
(c) Extension of Qualified Fuel Cell Property.--Section 48(c)(1)(D)
is amended by striking ``for any period after December 31, 2016'' and
inserting ``the construction of which does not begin before January 1,
2022''.
(d) Extension of Qualified Microturbine Property.--Section
48(c)(2)(D) is amended by striking ``for any period after December 31,
2016'' and inserting ``the construction of which does not begin before
January 1, 2022''.
(e) Extension of Combined Heat and Power System Property.--Section
48(c)(3)(A)(iv) is amended by striking ``which is placed in service
before January 1, 2017'' and inserting ``the construction of which
begins before January 1, 2022''.
(f) Extension of Qualified Small Wind Energy Property.--Section
48(c)(4)(C) is amended by striking ``for any period after December 31,
2016'' and inserting ``the construction of which does not begin before
January 1, 2022''.
(g) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
periods after December 31, 2016, under rules similar to the rules
of section 48(m) of the Internal Revenue Code of 1986 (as in effect
on the day before the date of the enactment of the Revenue
Reconciliation Act of 1990).
(2) Extension of combined heat and power system property.--The
amendment made by subsection (e) shall apply to property placed in
service after December 31, 2016.
(3) Phaseouts and terminations.--The amendments made by
subsection (b) shall take effect on the date of the enactment of
this Act.
SEC. 40412. EXTENSION OF SPECIAL ALLOWANCE FOR SECOND GENERATION
BIOFUEL PLANT PROPERTY.
(a) In General.--Section 168(l)(2)(D) is amended by striking
``January 1, 2017'' and inserting ``January 1, 2018''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2016.
SEC. 40413. EXTENSION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS
DEDUCTION.
(a) In General.--Section 179D(h) is amended by striking ``December
31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2016.
SEC. 40414. EXTENSION OF SPECIAL RULE FOR SALES OR DISPOSITIONS TO
IMPLEMENT FERC OR STATE ELECTRIC RESTRUCTURING POLICY FOR QUALIFIED
ELECTRIC UTILITIES.
(a) In General.--Section 451(k)(3), as amended by section 13221 of
Public Law 115-97, is amended by striking ``January 1, 2017'' and
inserting ``January 1, 2018''.
(b) Effective Date.--The amendment made by this section shall apply
to dispositions after December 31, 2016.
SEC. 40415. EXTENSION OF EXCISE TAX CREDITS RELATING TO ALTERNATIVE
FUELS.
(a) Extension of Alternative Fuels Excise Tax Credits.--
(1) In general.--Sections 6426(d)(5) and 6426(e)(3) are each
amended by striking ``December 31, 2016'' and inserting ``December
31, 2017''.
(2) Outlay payments for alternative fuels.--Section
6427(e)(6)(C) is amended by striking ``December 31, 2016'' and
inserting ``December 31, 2017''.
(3) Effective date.--The amendments made by this subsection
shall apply to fuel sold or used after December 31, 2016.
(b) Special Rule for 2017.--Notwithstanding any other provision of
law, in the case of any alternative fuel credit properly determined
under section 6426(d) of the Internal Revenue Code of 1986 for the
period beginning on January 1, 2017, and ending on December 31, 2017,
such credit shall be allowed, and any refund or payment attributable to
such credit (including any payment under section 6427(e) of such Code)
shall be made, only in such manner as the Secretary of the Treasury (or
the Secretary's delegate) shall provide. Such Secretary shall issue
guidance within 30 days after the date of the enactment of this Act
providing for a one-time submission of claims covering periods
described in the preceding sentence. Such guidance shall provide for a
180-day period for the submission of such claims (in such manner as
prescribed by such Secretary) to begin not later than 30 days after
such guidance is issued. Such claims shall be paid by such Secretary
not later than 60 days after receipt. If such Secretary has not paid
pursuant to a claim filed under this subsection within 60 days after
the date of the filing of such claim, the claim shall be paid with
interest from such date determined by using the overpayment rate and
method under section 6621 of such Code.
SEC. 40416. EXTENSION OF OIL SPILL LIABILITY TRUST FUND FINANCING RATE.
(a) In General.--Section 4611(f)(2) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2018''.
(b) Effective Date.--The amendment made by this section shall apply
on and after the first day of the first calendar month beginning after
the date of the enactment of this Act.
Subtitle D--Modifications of Energy Incentives
SEC. 40501. MODIFICATIONS OF CREDIT FOR PRODUCTION FROM ADVANCED
NUCLEAR POWER FACILITIES.
(a) Treatment of Unutilized Limitation Amounts.--Section 45J(b) is
amended--
(1) by inserting ``or any amendment to'' after ``enactment of''
in paragraph (4), and
(2) by adding at the end the following new paragraph:
``(5) Allocation of unutilized limitation.--
``(A) In general.--Any unutilized national megawatt
capacity limitation shall be allocated by the Secretary under
paragraph (3) as rapidly as is practicable after December 31,
2020--
``(i) first to facilities placed in service on or
before such date to the extent that such facilities did not
receive an allocation equal to their full nameplate
capacity, and
``(ii) then to facilities placed in service after such
date in the order in which such facilities are placed in
service.
``(B) Unutilized national megawatt capacity limitation.--
The term `unutilized national megawatt capacity limitation'
means the excess (if any) of--
``(i) 6,000 megawatts, over
``(ii) the aggregate amount of national megawatt
capacity limitation allocated by the Secretary before
January 1, 2021, reduced by any amount of such limitation
which was allocated to a facility which was not placed in
service before such date.
``(C) Coordination with other provisions.--In the case of
any unutilized national megawatt capacity limitation allocated
by the Secretary pursuant to this paragraph--
``(i) such allocation shall be treated for purposes of
this section in the same manner as an allocation of
national megawatt capacity limitation, and
``(ii) subsection (d)(1)(B) shall not apply to any
facility which receives such allocation.''.
(b) Transfer of Credit by Certain Public Entities.--
(1) In general.--Section 45J is amended--
(A) by redesignating subsection (e) as subsection (f), and
(B) by inserting after subsection (d) the following new
subsection:
``(e) Transfer of Credit by Certain Public Entities.--
``(1) In general.--If, with respect to a credit under
subsection (a) for any taxable year--
``(A) a qualified public entity would be the taxpayer (but
for this paragraph), and
``(B) such entity elects the application of this paragraph
for such taxable year with respect to all (or any portion
specified in such election) of such credit,
the eligible project partner specified in such election, and not
the qualified public entity, shall be treated as the taxpayer for
purposes of this title with respect to such credit (or such portion
thereof).
``(2) Definitions.--For purposes of this subsection--
``(A) Qualified public entity.--The term `qualified public
entity' means--
``(i) a Federal, State, or local government entity, or
any political subdivision, agency, or instrumentality
thereof,
``(ii) a mutual or cooperative electric company
described in section 501(c)(12) or 1381(a)(2), or
``(iii) a not-for-profit electric utility which had or
has received a loan or loan guarantee under the Rural
Electrification Act of 1936.
``(B) Eligible project partner.--The term `eligible project
partner' means any person who--
``(i) is responsible for, or participates in, the
design or construction of the advanced nuclear power
facility to which the credit under subsection (a) relates,
``(ii) participates in the provision of the nuclear
steam supply system to such facility,
``(iii) participates in the provision of nuclear fuel
to such facility,
``(iv) is a financial institution providing financing
for the construction or operation of such facility, or
``(v) has an ownership interest in such facility.
``(3) Special rules.--
``(A) Application to partnerships.--In the case of a credit
under subsection (a) which is determined at the partnership
level--
``(i) for purposes of paragraph (1)(A), a qualified
public entity shall be treated as the taxpayer with respect
to such entity's distributive share of such credit, and
``(ii) the term `eligible project partner' shall
include any partner of the partnership.
``(B) Taxable year in which credit taken into account.--In
the case of any credit (or portion thereof) with respect to
which an election is made under paragraph (1), such credit
shall be taken into account in the first taxable year of the
eligible project partner ending with, or after, the qualified
public entity's taxable year with respect to which the credit
was determined.
``(C) Treatment of transfer under private use rules.--For
purposes of section 141(b)(1), any benefit derived by an
eligible project partner in connection with an election under
this subsection shall not be taken into account as a private
business use.''.
(2) Special rule for proceeds of transfers for mutual or
cooperative electric companies.--Section 501(c)(12) is amended by
adding at the end the following new subparagraph:
``(I) In the case of a mutual or cooperative electric
company described in this paragraph or an organization
described in section 1381(a)(2), income received or accrued in
connection with an election under section 45J(e)(1) shall be
treated as an amount collected from members for the sole
purpose of meeting losses and expenses.''.
(c) Effective Dates.--
(1) Treatment of unutilized limitation amounts.--The amendment
made by subsection (a) shall take effect on the date of the
enactment of this Act.
(2) Transfer of credit by certain public entities.--The
amendments made by subsection (b) shall apply to taxable years
beginning after the date of the enactment of this Act.
TITLE II--MISCELLANEOUS PROVISIONS
SEC. 41101. AMENDMENT OF INTERNAL REVENUE CODE OF 1986.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Internal Revenue Code of
1986.
SEC. 41102. MODIFICATIONS TO RUM COVER OVER.
(a) Extension.--
(1) In general.--Section 7652(f)(1) is amended by striking
``January 1, 2017'' and inserting ``January 1, 2022''.
(2) Effective date.--The amendment made by this subsection
shall apply to distilled spirits brought into the United States
after December 31, 2016.
(b) Determination of Taxes on Rum.--
(1) In general.--Section 7652(e) is amended by adding at the
end the following new paragraph:
``(5) Determination of amount of taxes collected.--For purposes
of this subsection, the amount of taxes collected under section
5001(a)(1) shall be determined without regard to section
5001(c).''.
(2) Effective date.--The amendment made by this subsection
shall apply to distilled spirits brought into the United States
after December 31, 2017.
SEC. 41103. EXTENSION OF WAIVER OF LIMITATIONS WITH RESPECT TO
EXCLUDING FROM GROSS INCOME AMOUNTS RECEIVED BY WRONGFULLY INCARCERATED
INDIVIDUALS.
(a) In General.--Section 304(d) of the Protecting Americans from
Tax Hikes Act of 2015 (26 U.S.C. 139F note) is amended by striking ``1-
year'' and inserting ``3-year''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 41104. INDIVIDUALS HELD HARMLESS ON IMPROPER LEVY ON RETIREMENT
PLANS.
(a) In General.--Section 6343 is amended by adding at the end the
following new subsection:
``(f) Individuals Held Harmless on Wrongful Levy, etc. on
Retirement Plan.--
``(1) In general.--If the Secretary determines that an
individual's account or benefit under an eligible retirement plan
(as defined in section 402(c)(8)(B)) has been levied upon in a case
to which subsection (b) or (d)(2)(A) applies and property or an
amount of money is returned to the individual--
``(A) the individual may contribute such property or an
amount equal to the sum of--
``(i) the amount of money so returned by the Secretary,
and
``(ii) interest paid under subsection (c) on such
amount of money,
into such eligible retirement plan if such contribution is
permitted by the plan, or into an individual retirement plan
(other than an endowment contract) to which a rollover
contribution of a distribution from such eligible retirement
plan is permitted, but only if such contribution is made not
later than the due date (not including extensions) for filing
the return of tax for the taxable year in which such property
or amount of money is returned, and
``(B) the Secretary shall, at the time such property or
amount of money is returned, notify such individual that a
contribution described in subparagraph (A) may be made.
``(2) Treatment as rollover.--The distribution on account of
the levy and any contribution under paragraph (1) with respect to
the return of such distribution shall be treated for purposes of
this title as if such distribution and contribution were described
in section 402(c), 402A(c)(3), 403(a)(4), 403(b)(8), 408(d)(3),
408A(d)(3), or 457(e)(16), whichever is applicable; except that--
``(A) the contribution shall be treated as having been made
for the taxable year in which the distribution on account of
the levy occurred, and the interest paid under subsection (c)
shall be treated as earnings within the plan after the
contribution and shall not be included in gross income, and
``(B) such contribution shall not be taken into account
under section 408(d)(3)(B).
``(3) Refund, etc., of income tax on levy.--
``(A) In general.--If any amount is includible in gross
income for a taxable year by reason of a distribution on
account of a levy referred to in paragraph (1) and any portion
of such amount is treated as a rollover contribution under
paragraph (2), any tax imposed by chapter 1 on such portion
shall not be assessed, and if assessed shall be abated, and if
collected shall be credited or refunded as an overpayment made
on the due date for filing the return of tax for such taxable
year.
``(B) Exception.--Subparagraph (A) shall not apply to a
rollover contribution under this subsection which is made from
an eligible retirement plan which is not a Roth IRA or a
designated Roth account (within the meaning of section 402A) to
a Roth IRA or a designated Roth account under an eligible
retirement plan.
``(4) Interest.--Notwithstanding subsection (d), interest shall
be allowed under subsection (c) in a case in which the Secretary
makes a determination described in subsection (d)(2)(A) with
respect to a levy upon an individual retirement plan.
``(5) Treatment of inherited accounts.--For purposes of
paragraph (1)(A), section 408(d)(3)(C) shall be disregarded in
determining whether an individual retirement plan is a plan to
which a rollover contribution of a distribution from the plan
levied upon is permitted.''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid under subsections (b), (c), and (d)(2)(A) of section
6343 of the Internal Revenue Code of 1986 in taxable years beginning
after December 31, 2017.
SEC. 41105. MODIFICATION OF USER FEE REQUIREMENTS FOR INSTALLMENT
AGREEMENTS.
(a) In General.--Section 6159 is amended by redesignating
subsection (f) as subsection (g) and by inserting after subsection (e)
the following new subsection:
``(f) Installment Agreement Fees.--
``(1) Limitation on fee amount.--The amount of any fee imposed
on an installment agreement under this section may not exceed the
amount of such fee as in effect on the date of the enactment of
this subsection.
``(2) Waiver or reimbursement.--In the case of any taxpayer
with an adjusted gross income, as determined for the most recent
year for which such information is available, which does not exceed
250 percent of the applicable poverty level (as determined by the
Secretary)--
``(A) if the taxpayer has agreed to make payments under the
installment agreement by electronic payment through a debit
instrument, no fee shall be imposed on an installment agreement
under this section, and
``(B) if the taxpayer is unable to make payments under the
installment agreement by electronic payment through a debit
instrument, the Secretary shall, upon completion of the
installment agreement, pay the taxpayer an amount equal to any
such fees imposed.''.
(b) Effective Date.--The amendments made by this section shall
apply to agreements entered into on or after the date which is 60 days
after the date of the enactment of this Act.
SEC. 41106. FORM 1040SR FOR SENIORS.
(a) In General.--The Secretary of the Treasury (or the Secretary's
delegate) shall make available a form, to be known as ``Form 1040SR'',
for use by individuals to file the return of tax imposed by chapter 1
of the Internal Revenue Code of 1986. Such form shall be as similar as
practicable to Form 1040EZ, except that--
(1) the form shall be available only to individuals who have
attained age 65 as of the close of the taxable year,
(2) the form may be used even if income for the taxable year
includes--
(A) social security benefits (as defined in section 86(d)
of the Internal Revenue Code of 1986),
(B) distributions from qualified retirement plans (as
defined in section 4974(c) of such Code), annuities or other
such deferred payment arrangements,
(C) interest and dividends, or
(D) capital gains and losses taken into account in
determining adjusted net capital gain (as defined in section
1(h)(3) of such Code), and
(3) the form shall be available without regard to the amount of
any item of taxable income or the total amount of taxable income
for the taxable year.
(b) Effective Date.--The form required by subsection (a) shall be
made available for taxable years beginning after the date of the
enactment of this Act.
SEC. 41107. ATTORNEYS FEES RELATING TO AWARDS TO WHISTLEBLOWERS.
(a) In General.--Paragraph (21) of section 62(a) is amended to read
as follows:
``(21) Attorneys' fees relating to awards to whistleblowers.--
``(A) In general.--Any deduction allowable under this
chapter for attorney fees and court costs paid by, or on behalf
of, the taxpayer in connection with any award under--
``(i) section 7623(b), or
``(ii) in the case of taxable years beginning after
December 31, 2017, any action brought under--
``(I) section 21F of the Securities Exchange Act of
1934 (15 U.S.C. 78u-6),
``(II) a State false claims act, including a State
false claims act with qui tam provisions, or
``(III) section 23 of the Commodity Exchange Act (7
U.S.C. 26).
``(B) May not exceed award.--Subparagraph (A) shall not
apply to any deduction in excess of the amount includible in
the taxpayer's gross income for the taxable year on account of
such award.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2017.
SEC. 41108. CLARIFICATION OF WHISTLEBLOWER AWARDS.
(a) Definition of Proceeds.--
(1) In general.--Section 7623 is amended by adding at the end
the following new subsection:
``(c) Proceeds.--For purposes of this section, the term `proceeds'
includes--
``(1) penalties, interest, additions to tax, and additional
amounts provided under the internal revenue laws, and
``(2) any proceeds arising from laws for which the Internal
Revenue Service is authorized to administer, enforce, or
investigate, including--
``(A) criminal fines and civil forfeitures, and
``(B) violations of reporting requirements.''.
(2) Conforming amendments.--Paragraphs (1) and (2)(A) of
section 7623(b) are each amended by striking ``collected proceeds
(including penalties, interest, additions to tax, and additional
amounts) resulting from the action'' and inserting ``proceeds
collected as a result of the action''.
(b) Amount of Proceeds Determined Without Regard to Availability.--
Paragraphs (1) and (2)(A) of section 7623(b) are each amended by
inserting ``(determined without regard to whether such proceeds are
available to the Secretary)'' after ``in response to such action''.
(c) Disputed Amount Threshold.--Section 7623(b)(5)(B) is amended by
striking ``tax, penalties, interest, additions to tax, and additional
amounts'' and inserting ``proceeds''.
(d) Effective Date.--The amendments made by this section shall
apply to information provided before, on, or after the date of the
enactment of this Act with respect to which a final determination for
an award has not been made before such date of enactment.
SEC. 41109. CLARIFICATION REGARDING EXCISE TAX BASED ON INVESTMENT
INCOME OF PRIVATE COLLEGES AND UNIVERSITIES.
(a) In General.--Subsection (b)(1) of section 4968, as added by
section 13701(a) of Public Law 115-97, is amended--
(1) by inserting ``tuition-paying'' after ``500'' in
subparagraph (A), and
(2) by inserting ``tuition-paying'' after ``50 percent of the''
in subparagraph (B).
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2017.
SEC. 41110. EXCEPTION FROM PRIVATE FOUNDATION EXCESS BUSINESS HOLDING
TAX FOR INDEPENDENTLY-OPERATED PHILANTHROPIC BUSINESS HOLDINGS.
(a) In General.--Section 4943 is amended by adding at the end the
following new subsection:
``(g) Exception for Certain Holdings Limited to Independently-
operated Philanthropic Business.--
``(1) In general.--Subsection (a) shall not apply with respect
to the holdings of a private foundation in any business enterprise
which meets the requirements of paragraphs (2), (3), and (4) for
the taxable year.
``(2) Ownership.--The requirements of this paragraph are met
if--
``(A) 100 percent of the voting stock in the business
enterprise is held by the private foundation at all times
during the taxable year, and
``(B) all the private foundation's ownership interests in
the business enterprise were acquired by means other than by
purchase.
``(3) All profits to charity.--
``(A) In general.--The requirements of this paragraph are
met if the business enterprise, not later than 120 days after
the close of the taxable year, distributes an amount equal to
its net operating income for such taxable year to the private
foundation.
``(B) Net operating income.--For purposes of this
paragraph, the net operating income of any business enterprise
for any taxable year is an amount equal to the gross income of
the business enterprise for the taxable year, reduced by the
sum of--
``(i) the deductions allowed by chapter 1 for the
taxable year which are directly connected with the
production of such income,
``(ii) the tax imposed by chapter 1 on the business
enterprise for the taxable year, and
``(iii) an amount for a reasonable reserve for working
capital and other business needs of the business
enterprise.
``(4) Independent operation.--The requirements of this
paragraph are met if, at all times during the taxable year--
``(A) no substantial contributor (as defined in section
4958(c)(3)(C)) to the private foundation or family member (as
determined under section 4958(f)(4)) of such a contributor is a
director, officer, trustee, manager, employee, or contractor of
the business enterprise (or an individual having powers or
responsibilities similar to any of the foregoing),
``(B) at least a majority of the board of directors of the
private foundation are persons who are not--
``(i) directors or officers of the business enterprise,
or
``(ii) family members (as so determined) of a
substantial contributor (as so defined) to the private
foundation, and
``(C) there is no loan outstanding from the business
enterprise to a substantial contributor (as so defined) to the
private foundation or to any family member of such a
contributor (as so determined).
``(5) Certain deemed private foundations excluded.--This
subsection shall not apply to--
``(A) any fund or organization treated as a private
foundation for purposes of this section by reason of subsection
(e) or (f),
``(B) any trust described in section 4947(a)(1) (relating
to charitable trusts), and
``(C) any trust described in section 4947(a)(2) (relating
to split-interest trusts).''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2017.
SEC. 41111. RULE OF CONSTRUCTION FOR CRAFT BEVERAGE MODERNIZATION AND
TAX REFORM.
(a) In General.--Subpart A of part IX of subtitle C of title I of
Public Law 115-97 is amended by adding at the end the following new
section:
``SEC. 13809. RULE OF CONSTRUCTION.
``Nothing in this subpart, the amendments made by this subpart, or
any regulation promulgated under this subpart or the amendments made by
this subpart, shall be construed to preempt, supersede, or otherwise
limit or restrict any State, local, or tribal law that prohibits or
regulates the production or sale of distilled spirits, wine, or malt
beverages.''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in Public Law 115-97.
SEC. 41112. SIMPLIFICATION OF RULES REGARDING RECORDS, STATEMENTS, AND
RETURNS.
(a) In General.--Subsection (a) of section 5555 is amended by
adding at the end the following: ``For calendar quarters beginning
after the date of the enactment of this sentence, and before January 1,
2020, the Secretary shall permit a person to employ a unified system
for any records, statements, and returns required to be kept, rendered,
or made under this section for any beer produced in the brewery for
which the tax imposed by section 5051 has been determined, including
any beer which has been removed for consumption on the premises of the
brewery.''.
(b) Effective Date.--The amendment made by this section shall apply
to calendar quarters beginning after the date of the enactment of this
Act.
SEC. 41113. MODIFICATION OF RULES GOVERNING HARDSHIP DISTRIBUTIONS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of the Treasury shall modify
Treasury Regulation section 1.401(k)-1(d)(3)(iv)(E) to--
(1) delete the 6-month prohibition on contributions imposed by
paragraph (2) thereof, and
(2) make any other modifications necessary to carry out the
purposes of section 401(k)(2)(B)(i)(IV) of the Internal Revenue
Code of 1986.
(b) Effective Date.--The revised regulations under this section
shall apply to plan years beginning after December 31, 2018.
SEC. 41114. MODIFICATION OF RULES RELATING TO HARDSHIP WITHDRAWALS FROM
CASH OR DEFERRED ARRANGEMENTS.
(a) In General.--Section 401(k) is amended by adding at the end the
following:
``(14) Special rules relating to hardship withdrawals.--For
purposes of paragraph (2)(B)(i)(IV)--
``(A) Amounts which may be withdrawn.--The following
amounts may be distributed upon hardship of the employee:
``(i) Contributions to a profit-sharing or stock bonus
plan to which section 402(e)(3) applies.
``(ii) Qualified nonelective contributions (as defined
in subsection (m)(4)(C)).
``(iii) Qualified matching contributions described in
paragraph (3)(D)(ii)(I).
``(iv) Earnings on any contributions described in
clause (i), (ii), or (iii).
``(B) No requirement to take available loan.--A
distribution shall not be treated as failing to be made upon
the hardship of an employee solely because the employee does
not take any available loan under the plan.''.
(b) Conforming Amendment.--Section 401(k)(2)(B)(i)(IV) is amended
to read as follows:
``(IV) subject to the provisions of paragraph (14),
upon hardship of the employee, or''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2018.
SEC. 41115. OPPORTUNITY ZONES RULE FOR PUERTO RICO.
(a) In General.--Subsection (b) of section 1400Z-1 is amended by
adding at the end the following new paragraph:
``(3) Special rule for puerto rico.--Each population census
tract in Puerto Rico that is a low- income community shall be
deemed to be certified and designated as a qualified opportunity
zone, effective on the date of the enactment of Public Law 115-
97.''.
(b) Conforming Amendment.--Section 1400Z-1(d)(1) is amended by
inserting ``and subsection (b)(3)'' after ``paragraph (2)''.
SEC. 41116. TAX HOME OF CERTAIN CITIZENS OR RESIDENTS OF THE UNITED
STATES LIVING ABROAD.
(a) In General.--Paragraph (3) of section 911(d) is amended by
inserting before the period at the end of the second sentence the
following: ``, unless such individual is serving in an area designated
by the President of the United States by Executive order as a combat
zone for purposes of section 112 in support of the Armed Forces of the
United States''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2017.
SEC. 41117. TREATMENT OF FOREIGN PERSONS FOR RETURNS RELATING TO
PAYMENTS MADE IN SETTLEMENT OF PAYMENT CARD AND THIRD PARTY NETWORK
TRANSACTIONS.
(a) In General.--Section 6050W(d)(1)(B) is amended by adding at the
end the following: ``Notwithstanding the preceding sentence, a person
with only a foreign address shall not be treated as a participating
payee with respect to any payment settlement entity solely because such
person receives payments from such payment settlement entity in
dollars.''.
(b) Effective Date.--The amendment made by this section shall apply
to returns for calendar years beginning after December 31, 2017.
SEC. 41118. REPEAL OF SHIFT IN TIME OF PAYMENT OF CORPORATE ESTIMATED
TAXES.
The Trade Preferences Extension Act of 2015 is amended by striking
section 803 (relating to time for payment of corporate estimated
taxes).
SEC. 41119. ENHANCEMENT OF CARBON DIOXIDE SEQUESTRATION CREDIT.
(a) In General.--Section 45Q is amended to read as follows:
``SEC. 45Q. CREDIT FOR CARBON OXIDE SEQUESTRATION.
``(a) General Rule.--For purposes of section 38, the carbon oxide
sequestration credit for any taxable year is an amount equal to the sum
of--
``(1) $20 per metric ton of qualified carbon oxide which is--
``(A) captured by the taxpayer using carbon capture
equipment which is originally placed in service at a qualified
facility before the date of the enactment of the Bipartisan
Budget Act of 2018, and
``(B) disposed of by the taxpayer in secure geological
storage and not used by the taxpayer as described in paragraph
(2)(B),
``(2) $10 per metric ton of qualified carbon oxide which is--
``(A) captured by the taxpayer using carbon capture
equipment which is originally placed in service at a qualified
facility before the date of the enactment of the Bipartisan
Budget Act of 2018, and
``(B)(i) used by the taxpayer as a tertiary injectant in a
qualified enhanced oil or natural gas recovery project and
disposed of by the taxpayer in secure geological storage, or
``(ii) utilized by the taxpayer in a manner described in
subsection (f)(5),
``(3) the applicable dollar amount (as determined under
subsection (b)(1)) per metric ton of qualified carbon oxide which
is--
``(A) captured by the taxpayer using carbon capture
equipment which is originally placed in service at a qualified
facility on or after the date of the enactment of the
Bipartisan Budget Act of 2018, during the 12-year period
beginning on the date the equipment was originally placed in
service, and
``(B) disposed of by the taxpayer in secure geological
storage and not used by the taxpayer as described in paragraph
(4)(B), and
``(4) the applicable dollar amount (as determined under
subsection (b)(1)) per metric ton of qualified carbon oxide which
is--
``(A) captured by the taxpayer using carbon capture
equipment which is originally placed in service at a qualified
facility on or after the date of the enactment of the
Bipartisan Budget Act of 2018, during the 12-year period
beginning on the date the equipment was originally placed in
service, and
``(B)(i) used by the taxpayer as a tertiary injectant in a
qualified enhanced oil or natural gas recovery project and
disposed of by the taxpayer in secure geological storage, or
``(ii) utilized by the taxpayer in a manner described in
subsection (f)(5).
``(b) Applicable Dollar Amount; Additional Equipment; Election.--
``(1) Applicable dollar amount.--
``(A) In general.--The applicable dollar amount shall be an
amount equal to--
``(i) for any taxable year beginning in a calendar year
after 2016 and before 2027--
``(I) for purposes of paragraph (3) of subsection
(a), the dollar amount established by linear
interpolation between $22.66 and $50 for each calendar
year during such period, and
``(II) for purposes of paragraph (4) of such
subsection, the dollar amount established by linear
interpolation between $12.83 and $35 for each calendar
year during such period, and
``(ii) for any taxable year beginning in a calendar
year after 2026--
``(I) for purposes of paragraph (3) of subsection
(a), an amount equal to the product of $50 and the
inflation adjustment factor for such calendar year
determined under section 43(b)(3)(B) for such calendar
year, determined by substituting `2025' for `1990', and
``(II) for purposes of paragraph (4) of such
subsection, an amount equal to the product of $35 and
the inflation adjustment factor for such calendar year
determined under section 43(b)(3)(B) for such calendar
year, determined by substituting `2025' for `1990'.
``(B) Rounding.--The applicable dollar amount determined
under subparagraph (A) shall be rounded to the nearest cent.
``(2) Installation of additional carbon capture equipment on
existing qualified facility.--In the case of a qualified facility
placed in service before the date of the enactment of the
Bipartisan Budget Act of 2018, for which additional carbon capture
equipment is placed in service on or after the date of the
enactment of such Act, the amount of qualified carbon oxide which
is captured by the taxpayer shall be equal to--
``(A) for purposes of paragraphs (1)(A) and (2)(A) of
subsection (a), the lesser of--
``(i) the total amount of qualified carbon oxide
captured at such facility for the taxable year, or
``(ii) the total amount of the carbon dioxide capture
capacity of the carbon capture equipment in service at such
facility on the day before the date of the enactment of the
Bipartisan Budget Act of 2018, and
``(B) for purposes of paragraphs (3)(A) and (4)(A) of such
subsection, an amount (not less than zero) equal to the excess
of--
``(i) the amount described in clause (i) of
subparagraph (A), over
``(ii) the amount described in clause (ii) of such
subparagraph.
``(3) Election.--For purposes of determining the carbon oxide
sequestration credit under this section, a taxpayer may elect to
have the dollar amounts applicable under paragraph (1) or (2) of
subsection (a) apply in lieu of the dollar amounts applicable under
paragraph (3) or (4) of such subsection for each metric ton of
qualified carbon oxide which is captured by the taxpayer using
carbon capture equipment which is originally placed in service at a
qualified facility on or after the date of the enactment of the
Bipartisan Budget Act of 2018.
``(c) Qualified Carbon Oxide.--For purposes of this section--
``(1) In general.--The term `qualified carbon oxide' means--
``(A) any carbon dioxide which--
``(i) is captured from an industrial source by carbon
capture equipment which is originally placed in service
before the date of the enactment of the Bipartisan Budget
Act of 2018,
``(ii) would otherwise be released into the atmosphere
as industrial emission of greenhouse gas or lead to such
release, and
``(iii) is measured at the source of capture and
verified at the point of disposal, injection, or
utilization,
``(B) any carbon dioxide or other carbon oxide which--
``(i) is captured from an industrial source by carbon
capture equipment which is originally placed in service on
or after the date of the enactment of the Bipartisan Budget
Act of 2018,
``(ii) would otherwise be released into the atmosphere
as industrial emission of greenhouse gas or lead to such
release, and
``(iii) is measured at the source of capture and
verified at the point of disposal, injection, or
utilization, or
``(C) in the case of a direct air capture facility, any
carbon dioxide which--
``(i) is captured directly from the ambient air, and
``(ii) is measured at the source of capture and
verified at the point of disposal, injection, or
utilization.
``(2) Recycled carbon oxide.--The term `qualified carbon oxide'
includes the initial deposit of captured carbon oxide used as a
tertiary injectant. Such term does not include carbon oxide that is
recaptured, recycled, and re-injected as part of the enhanced oil
and natural gas recovery process.
``(d) Qualified Facility.--For purposes of this section, the term
`qualified facility' means any industrial facility or direct air
capture facility--
``(1) the construction of which begins before January 1, 2024,
and--
``(A) construction of carbon capture equipment begins
before such date, or
``(B) the original planning and design for such facility
includes installation of carbon capture equipment, and
``(2) which captures--
``(A) in the case of a facility which emits not more than
500,000 metric tons of carbon oxide into the atmosphere during
the taxable year, not less than 25,000 metric tons of qualified
carbon oxide during the taxable year which is utilized in a
manner described in subsection (f)(5),
``(B) in the case of an electricity generating facility
which is not described in subparagraph (A), not less than
500,000 metric tons of qualified carbon oxide during the
taxable year, or
``(C) in the case of a direct air capture facility or any
facility not described in subparagraph (A) or (B), not less
than 100,000 metric tons of qualified carbon oxide during the
taxable year.
``(e) Definitions.--For purposes of this section--
``(1) Direct air capture facility.--
``(A) In general.--Subject to subparagraph (B), the term
`direct air capture facility' means any facility which uses
carbon capture equipment to capture carbon dioxide directly
from the ambient air.
``(B) Exception.--The term `direct air capture facility'
shall not include any facility which captures carbon dioxide--
``(i) which is deliberately released from naturally
occurring subsurface springs, or
``(ii) using natural photosynthesis.
``(2) Qualified enhanced oil or natural gas recovery project.--
The term `qualified enhanced oil or natural gas recovery project'
has the meaning given the term `qualified enhanced oil recovery
project' by section 43(c)(2), by substituting `crude oil or natural
gas' for `crude oil' in subparagraph (A)(i) thereof.
``(3) Tertiary injectant.--The term `tertiary injectant' has
the same meaning as when used within section 193(b)(1).
``(f) Special Rules.--
``(1) Only qualified carbon oxide captured and disposed of or
used within the united states taken into account.--The credit under
this section shall apply only with respect to qualified carbon
oxide the capture and disposal, use, or utilization of which is
within--
``(A) the United States (within the meaning of section
638(1)), or
``(B) a possession of the United States (within the meaning
of section 638(2)).
``(2) Secure geological storage.--The Secretary, in
consultation with the Administrator of the Environmental Protection
Agency, the Secretary of Energy, and the Secretary of the Interior,
shall establish regulations for determining adequate security
measures for the geological storage of qualified carbon oxide under
subsection (a) such that the qualified carbon oxide does not escape
into the atmosphere. Such term shall include storage at deep saline
formations, oil and gas reservoirs, and unminable coal seams under
such conditions as the Secretary may determine under such
regulations.
``(3) Credit attributable to taxpayer.--
``(A) In general.--Except as provided in subparagraph (B)
or in any regulations prescribed by the Secretary, any credit
under this section shall be attributable to--
``(i) in the case of qualified carbon oxide captured
using carbon capture equipment which is originally placed
in service at a qualified facility before the date of the
enactment of the Bipartisan Budget Act of 2018, the person
that captures and physically or contractually ensures the
disposal, utilization, or use as a tertiary injectant of
such qualified carbon oxide, and
``(ii) in the case of qualified carbon oxide captured
using carbon capture equipment which is originally placed
in service at a qualified facility on or after the date of
the enactment of the Bipartisan Budget Act of 2018, the
person that owns the carbon capture equipment and
physically or contractually ensures the capture and
disposal, utilization, or use as a tertiary injectant of
such qualified carbon oxide.
``(B) Election.--If the person described in subparagraph
(A) makes an election under this subparagraph in such time and
manner as the Secretary may prescribe by regulations, the
credit under this section--
``(i) shall be allowable to the person that disposes of
the qualified carbon oxide, utilizes the qualified carbon
oxide, or uses the qualified carbon oxide as a tertiary
injectant, and
``(ii) shall not be allowable to the person described
in subparagraph (A).
``(4) Recapture.--The Secretary shall, by regulations, provide
for recapturing the benefit of any credit allowable under
subsection (a) with respect to any qualified carbon oxide which
ceases to be captured, disposed of, or used as a tertiary injectant
in a manner consistent with the requirements of this section.
``(5) Utilization of qualified carbon oxide.--
``(A) In general.--For purposes of this section,
utilization of qualified carbon oxide means--
``(i) the fixation of such qualified carbon oxide
through photosynthesis or chemosynthesis, such as through
the growing of algae or bacteria,
``(ii) the chemical conversion of such qualified carbon
oxide to a material or chemical compound in which such
qualified carbon oxide is securely stored, or
``(iii) the use of such qualified carbon oxide for any
other purpose for which a commercial market exists (with
the exception of use as a tertiary injectant in a qualified
enhanced oil or natural gas recovery project), as
determined by the Secretary.
``(B) Measurement.--
``(i) In general.--For purposes of determining the
amount of qualified carbon oxide utilized by the taxpayer
under paragraph (2)(B)(ii) or (4)(B)(ii) of subsection (a),
such amount shall be equal to the metric tons of qualified
carbon oxide which the taxpayer demonstrates, based upon an
analysis of lifecycle greenhouse gas emissions and subject
to such requirements as the Secretary, in consultation with
the Secretary of Energy and the Administrator of the
Environmental Protection Agency, determines appropriate,
were--
``(I) captured and permanently isolated from the
atmosphere, or
``(II) displaced from being emitted into the
atmosphere,
through use of a process described in subparagraph (A).
``(ii) Lifecycle greenhouse gas emissions.--For
purposes of clause (i), the term `lifecycle greenhouse gas
emissions' has the same meaning given such term under
subparagraph (H) of section 211(o)(1) of the Clean Air Act
(42 U.S.C. 7545(o)(1)), as in effect on the date of the
enactment of the Bipartisan Budget Act of 2018, except that
`product' shall be substituted for `fuel' each place it
appears in such subparagraph.
``(6) Election for applicable facilities.--
``(A) In general.--For purposes of this section, in the
case of an applicable facility, for any taxable year in which
such facility captures not less than 500,000 metric tons of
qualified carbon oxide during the taxable year, the person
described in paragraph (3)(A)(ii) may elect to have such
facility, and any carbon capture equipment placed in service at
such facility, deemed as having been placed in service on the
date of the enactment of the Bipartisan Budget Act of 2018.
``(B) Applicable facility.--For purposes of this paragraph,
the term `applicable facility' means a qualified facility--
``(i) which was placed in service before the date of
the enactment of the Bipartisan Budget Act of 2018, and
``(ii) for which no taxpayer claimed a credit under
this section in regards to such facility for any taxable
year ending before the date of the enactment of such Act.
``(7) Inflation adjustment.--In the case of any taxable year
beginning in a calendar year after 2009, there shall be substituted
for each dollar amount contained in paragraphs (1) and (2) of
subsection (a) an amount equal to the product of--
``(A) such dollar amount, multiplied by
``(B) the inflation adjustment factor for such calendar
year determined under section 43(b)(3)(B) for such calendar
year, determined by substituting `2008' for `1990'.
``(g) Application of Section for Certain Carbon Capture
Equipment.--In the case of any carbon capture equipment placed in
service before the date of the enactment of the Bipartisan Budget Act
of 2018, the credit under this section shall apply with respect to
qualified carbon oxide captured using such equipment before the end of
the calendar year in which the Secretary, in consultation with the
Administrator of the Environmental Protection Agency, certifies that,
during the period beginning after October 3, 2008, a total of
75,000,000 metric tons of qualified carbon oxide have been taken into
account in accordance with--
``(1) subsection (a) of this section, as in effect on the day
before the date of the enactment of the Bipartisan Budget Act of
2018, and
``(2) paragraphs (1) and (2) of subsection (a) of this section.
``(h) Regulations.--The Secretary may prescribe such regulations
and other guidance as may be necessary or appropriate to carry out this
section, including regulations or other guidance to--
``(1) ensure proper allocation under subsection (a) for
qualified carbon oxide captured by a taxpayer during the taxable
year ending after the date of the enactment of the Bipartisan
Budget Act of 2018, and
``(2) determine whether a facility satisfies the requirements
under subsection (d)(1) during such taxable year.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2017.
DIVISION E--HEALTH AND HUMAN SERVICES EXTENDERS
SEC. 50100. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Advancing
Chronic Care, Extenders, and Social Services (ACCESS) Act''
(b) Table of Contents.--The table of contents for this division is
as follows:
DIVISION E--HEALTH AND HUMAN SERVICES EXTENDERS
Sec. 50100. Short title; table of contents.
TITLE I--CHIP
Sec. 50101. Funding extension of the Children's Health Insurance Program
through fiscal year 2027.
Sec. 50102. Extension of pediatric quality measures program.
Sec. 50103. Extension of outreach and enrollment program.
TITLE II--MEDICARE EXTENDERS
Sec. 50201. Extension of work GPCI floor.
Sec. 50202. Repeal of Medicare payment cap for therapy services;
limitation to ensure appropriate therapy.
Sec. 50203. Medicare ambulance services.
Sec. 50204. Extension of increased inpatient hospital payment adjustment
for certain low-volume hospitals.
Sec. 50205. Extension of the Medicare-dependent hospital (MDH) program.
Sec. 50206. Extension of funding for quality measure endorsement, input,
and selection; reporting requirements.
Sec. 50207. Extension of funding outreach and assistance for low-income
programs; State health insurance assistance program reporting
requirements.
Sec. 50208. Extension of home health rural add-on.
TITLE III--CREATING HIGH-QUALITY RESULTS AND OUTCOMES NECESSARY TO
IMPROVE CHRONIC (CHRONIC) CARE
Subtitle A--Receiving High Quality Care in the Home
Sec. 50301. Extending the Independence at Home Demonstration Program.
Sec. 50302. Expanding access to home dialysis therapy.
Subtitle B--Advancing Team-Based Care
Sec. 50311. Providing continued access to Medicare Advantage special
needs plans for vulnerable populations.
Subtitle C--Expanding Innovation and Technology
Sec. 50321. Adapting benefits to meet the needs of chronically ill
Medicare Advantage enrollees.
Sec. 50322. Expanding supplemental benefits to meet the needs of
chronically ill Medicare Advantage enrollees.
Sec. 50323. Increasing convenience for Medicare Advantage enrollees
through telehealth.
Sec. 50324. Providing accountable care organizations the ability to
expand the use of telehealth.
Sec. 50325. Expanding the use of telehealth for individuals with stroke.
Subtitle D--Identifying the Chronically Ill Population
Sec. 50331. Providing flexibility for beneficiaries to be part of an
accountable care organization.
Subtitle E--Empowering Individuals and Caregivers in Care Delivery
Sec. 50341. Eliminating barriers to care coordination under accountable
care organizations.
Sec. 50342. GAO study and report on longitudinal comprehensive care
planning services under Medicare part B.
Subtitle F--Other Policies to Improve Care for the Chronically Ill
Sec. 50351. GAO study and report on improving medication
synchronization.
Sec. 50352. GAO study and report on impact of obesity drugs on patient
health and spending.
Sec. 50353. HHS study and report on long-term risk factors for chronic
conditions among Medicare beneficiaries.
Sec. 50354. Providing prescription drug plans with parts A and B claims
data to promote the appropriate use of medications and improve
health outcomes.
TITLE IV--PART B IMPROVEMENT ACT AND OTHER PART B ENHANCEMENTS
Subtitle A--Medicare Part B Improvement Act
Sec. 50401. Home infusion therapy services temporary transitional
payment.
Sec. 50402. Orthotist's and prosthetist's clinical notes as part of the
patient's medical record.
Sec. 50403. Independent accreditation for dialysis facilities and
assurance of high quality surveys.
Sec. 50404. Modernizing the application of the Stark rule under
Medicare.
Subtitle B--Additional Medicare Provisions
Sec. 50411. Making permanent the removal of the rental cap for durable
medical equipment under Medicare with respect to speech
generating devices.
Sec. 50412. Increased civil and criminal penalties and increased
sentences for Federal health care program fraud and abuse.
Sec. 50413. Reducing the volume of future EHR-related significant
hardship requests.
Sec. 50414. Strengthening rules in case of competition for diabetic
testing strips.
TITLE V--OTHER HEALTH EXTENDERS
Sec. 50501. Extension for family-to-family health information centers.
Sec. 50502. Extension for sexual risk avoidance education.
Sec. 50503. Extension for personal responsibility education.
TITLE VI--CHILD AND FAMILY SERVICES AND SUPPORTS EXTENDERS
Subtitle A--Continuing the Maternal, Infant, and Early Childhood Home
Visiting Program
Sec. 50601. Continuing evidence-based home visiting program.
Sec. 50602. Continuing to demonstrate results to help families.
Sec. 50603. Reviewing statewide needs to target resources.
Sec. 50604. Improving the likelihood of success in high-risk
communities.
Sec. 50605. Option to fund evidence-based home visiting on a pay for
outcome basis.
Sec. 50606. Data exchange standards for improved interoperability.
Sec. 50607. Allocation of funds.
Subtitle B--Extension of Health Professions Workforce Demonstration
Projects
Sec. 50611. Extension of health workforce demonstration projects for
low-income individuals.
TITLE VII--FAMILY FIRST PREVENTION SERVICES ACT
Subtitle A--Investing in Prevention and Supporting Families
Sec. 50701. Short title.
Sec. 50702. Purpose.
PART I--Prevention Activities Under Title IV-E
Sec. 50711. Foster care prevention services and programs.
Sec. 50712. Foster care maintenance payments for children with parents
in a licensed residential family-based treatment facility for
substance abuse.
Sec. 50713. Title IV-E payments for evidence-based kinship navigator
programs.
PART II--Enhanced Support Under Title IV-B
Sec. 50721. Elimination of time limit for family reunification services
while in foster care and permitting time-limited family
reunification services when a child returns home from foster
care.
Sec. 50722. Reducing bureaucracy and unnecessary delays when placing
children in homes across State lines.
Sec. 50723. Enhancements to grants to improve well-being of families
affected by substance abuse.
PART III--Miscellaneous
Sec. 50731. Reviewing and improving licensing standards for placement in
a relative foster family home.
Sec. 50732. Development of a statewide plan to prevent child abuse and
neglect fatalities.
Sec. 50733. Modernizing the title and purpose of title IV-E.
Sec. 50734. Effective dates.
PART IV--Ensuring the Necessity of a Placement That Is Not in a Foster
Family Home
Sec. 50741. Limitation on Federal financial participation for placements
that are not in foster family homes.
Sec. 50742. Assessment and documentation of the need for placement in a
qualified residential treatment program.
Sec. 50743. Protocols to prevent inappropriate diagnoses.
Sec. 50744. Additional data and reports regarding children placed in a
setting that is not a foster family home.
Sec. 50745. Criminal records checks and checks of child abuse and
neglect registries for adults working in child-care
institutions and other group care settings.
Sec. 50746. Effective dates; application to waivers.
PART V--Continuing Support for Child and Family Services
Sec. 50751. Supporting and retaining foster families for children.
Sec. 50752. Extension of child and family services programs.
Sec. 50753. Improvements to the John H. Chafee foster care independence
program and related provisions.
PART VI--Continuing Incentives to States to Promote Adoption and Legal
Guardianship
Sec. 50761. Reauthorizing adoption and legal guardianship incentive
programs.
PART VII--Technical Corrections
Sec. 50771. Technical corrections to data exchange standards to improve
program coordination.
Sec. 50772. Technical corrections to State requirement to address the
developmental needs of young children.
PART VIII--Ensuring States Reinvest Savings Resulting From Increase in
Adoption Assistance
Sec. 50781. Delay of adoption assistance phase-in.
Sec. 50782. GAO study and report on State reinvestment of savings
resulting from increase in adoption assistance.
TITLE VIII--SUPPORTING SOCIAL IMPACT PARTNERSHIPS TO PAY FOR RESULTS
Sec. 50801. Short title.
Sec. 50802. Social impact partnerships to pay for results.
TITLE IX--PUBLIC HEALTH PROGRAMS
Sec. 50901. Extension for community health centers, the National Health
Service Corps, and teaching health centers that operate GME
programs.
Sec. 50902. Extension for special diabetes programs.
TITLE X--MISCELLANEOUS HEALTH CARE POLICIES
Sec. 51001. Home health payment reform.
Sec. 51002. Information to satisfy documentation of Medicare eligibility
for home health services.
Sec. 51003. Technical amendments to Public Law 114-10.
Sec. 51004. Expanded access to Medicare intensive cardiac rehabilitation
programs.
Sec. 51005. Extension of blended site neutral payment rate for certain
long-term care hospital discharges; temporary adjustment to
site neutral payment rates.
Sec. 51006. Recognition of attending physician assistants as attending
physicians to serve hospice patients.
Sec. 51007. Extension of enforcement instruction on supervision
requirements for outpatient therapeutic services in critical
access and small rural hospitals through 2017.
Sec. 51008. Allowing physician assistants, nurse practitioners, and
clinical nurse specialists to supervise cardiac, intensive
cardiac, and pulmonary rehabilitation programs.
Sec. 51009. Transitional payment rules for certain radiation therapy
services under the physician fee schedule.
TITLE XI--PROTECTING SENIORS' ACCESS TO MEDICARE ACT
Sec. 52001. Repeal of the Independent Payment Advisory Board.
TITLE XII--OFFSETS
Sec. 53101. Modifying reductions in Medicaid DSH allotments.
Sec. 53102. Third party liability in Medicaid and CHIP.
Sec. 53103. Treatment of lottery winnings and other lump-sum income for
purposes of income eligibility under Medicaid.
Sec. 53104. Rebate obligation with respect to line extension drugs.
Sec. 53105. Medicaid Improvement Fund.
Sec. 53106. Physician fee schedule update.
Sec. 53107. Payment for outpatient physical therapy services and
outpatient occupational therapy services furnished by a
therapy assistant.
Sec. 53108. Reduction for non-emergency ESRD ambulance transports.
Sec. 53109. Hospital transfer policy for early discharges to hospice
care.
Sec. 53110. Medicare payment update for home health services.
Sec. 53111. Medicare payment update for skilled nursing facilities.
Sec. 53112. Preventing the artificial inflation of star ratings after
the consolidation of Medicare Advantage plans offered by the
same organization.
Sec. 53113. Sunsetting exclusion of biosimilars from Medicare part D
coverage gap discount program.
Sec. 53114. Adjustments to Medicare part B and part D premium subsidies
for higher income individuals.
Sec. 53115. Medicare Improvement Fund.
Sec. 53116. Closing the Donut Hole for Seniors.
Sec. 53117. Modernizing child support enforcement fees.
Sec. 53118. Increasing efficiency of prison data reporting.
Sec. 53119. Prevention and Public Health Fund.
TITLE I--CHIP
SEC. 50101. FUNDING EXTENSION OF THE CHILDREN'S HEALTH INSURANCE
PROGRAM THROUGH FISCAL YEAR 2027.
(a) In General.--Section 2104(a) of the Social Security Act (42
U.S.C. 1397dd(a)), as amended by section 3002(a) of the HEALTHY KIDS
Act (division C of Public Law 115-120), is amended--
(1) in paragraph (25), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (26), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(27) for each of fiscal years 2024 through 2026, such sums as
are necessary to fund allotments to States under subsections (c)
and (m); and
``(28) for fiscal year 2027, for purposes of making two semi-
annual allotments--
``(A) $7,650,000,000 for the period beginning on October 1,
2026, and ending on March 31, 2027; and
``(B) $7,650,000,000 for the period beginning on April 1,
2027, and ending on September 30, 2027.''.
(b) Allotments.--
(1) In general.--Section 2104(m) of the Social Security Act (42
U.S.C. 1397dd(m)), as amended by section 3002(b) of the HEALTHY
KIDS Act (division C of Public Law 115-120), is amended--
(A) in paragraph (2)(B)--
(i) in the matter preceding clause (i), by striking
``(25)'' and inserting ``(27)'';
(ii) in clause (i), by striking ``and 2023'' and
inserting ``, 2023, and 2027''; and
(iii) in clause (ii)(I), by striking ``(or, in the case
of fiscal year 2018, under paragraph (4))'' and inserting
``(or, in the case of fiscal year 2018 or 2024, under
paragraph (4) or (10), respectively)'';
(B) in paragraph (5)--
(i) by striking ``or (10)'' and inserting ``(10), or
(11)''; and
(ii) by striking ``or 2023,'' and inserting ``2023, or
2027,'';
(C) in paragraph (7)--
(i) in subparagraph (A), by striking ``2023'' and
inserting ``2027,''; and
(ii) in the matter following subparagraph (B), by
striking ``or fiscal year 2022'' and inserting ``fiscal
year 2022, fiscal year 2024, or fiscal year 2026'';
(D) in paragraph (9)--
(i) by striking ``or (10)'' and inserting ``(10), or
(11)''; and
(ii) by striking ``or 2023,'' and inserting ``2023, or
2027,''; and
(E) by adding at the end the following:
``(11) For fiscal year 2027.--
``(A) First half.--Subject to paragraphs (5) and (7), from
the amount made available under subparagraph (A) of paragraph
(28) of subsection (a) for the semi-annual period described in
such subparagraph, increased by the amount of the appropriation
for such period under section 50101(b)(2) of the Advancing
Chronic Care, Extenders, and Social Services 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
(28) 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 2026 (including
payments made to the State under subsection (n) for fiscal year
2026 as well as amounts redistributed to the State in fiscal
year 2026), multiplied by the allotment increase factor under
paragraph (6) for fiscal year 2027.
``(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)(28)(A); and
``(II) the amount of the appropriation for such
period under section 50101(b)(2) of the Advancing
Chronic Care, Extenders, and Social Services Act; to
``(ii) the sum of--
``(I) the amount described in clause (i); and
``(II) the amount made available under subsection
(a)(28)(B).''.
(2) One-time appropriation for fiscal year 2027.--There is
appropriated to the Secretary of Health and Human Services, out of
any money in the Treasury not otherwise appropriated, such sums as
are necessary to fund allotments to States under subsections (c)
and (m) of section 2104 of the Social Security Act (42 U.S.C.
1397dd) for fiscal year 2027, taking into account the full year
amounts calculated for States under paragraph (11)(C) of subsection
(m) of such section (as added by paragraph (1)) and the amounts
appropriated under subparagraphs (A) and (B) of subsection (a)(28)
of such section (as added by subsection (a)). Such amount shall
accompany the allotment made for the period beginning on October 1,
2026, and ending on March 31, 2027, under paragraph (28)(A) of
section 2104(a) of such Act (42 U.S.C. 1397dd(a)), to remain
available until expended. Such amount shall be used to provide
allotments to States under paragraph (11) of section 2104(m) of
such Act for the first 6 months of fiscal year 2027 in the same
manner as allotments are provided under subsection (a)(28)(A) of
such section 2104 and subject to the same terms and conditions as
apply to the allotments provided from such subsection (a)(28)(A).
(c) Extension of the Child Enrollment Contingency Fund.--Section
2104(n) of the Social Security Act (42 U.S.C. 1397dd(n)), as amended by
section 3002(c) of the HEALTHY KIDS Act (division C of Public Law 115-
120), is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)(ii)--
(i) by striking ``and 2018 through 2022'' and inserting
``2018 through 2022, and 2024 through 2026''; and
(ii) by striking ``and 2023'' and inserting ``2023, and
2027''; and
(B) in subparagraph (B)--
(i) by striking ``and 2018 through 2022'' and inserting
``2018 through 2022, and 2024 through 2026''; and
(ii) by striking ``and 2023'' and inserting ``2023, and
2027''; and
(2) in paragraph (3)(A), in the matter preceding clause (i)--
(A) by striking ``or in any of fiscal years 2018 through
2022'' and inserting ``fiscal years 2018 through 2022, or
fiscal years 2024 through 2026''; and
(B) by striking ``or 2023'' and inserting ``2023, or
2027''.
(d) Extension of Qualifying States Option.--Section 2105(g)(4) of
the Social Security Act (42 U.S.C. 1397ee(g)(4)), as amended by section
3002(d) of the HEALTHY KIDS Act (division C of Public Law 115-120), is
amended--
(1) in the paragraph heading, by striking ``through 2023'' and
inserting ``through 2027''; and
(2) in subparagraph (A), by striking ``2023'' and inserting
``2027''.
(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)),
as amended by section 3002(e) of the HEALTHY KIDS Act (division C of
Public Law 115-120), is amended by striking ``2023'' and inserting
``2027''.
(f) Assurance of Eligibility Standard for Children and Families.--
(1) In general.--Section 2105(d)(3) of the Social Security Act
(42 U.S.C. 1397ee(d)(3)), as amended by section 3002(f)(1) of the
HEALTHY KIDS Act (division C of Public Law 115-120), is amended--
(A) in the paragraph heading, by striking ``through
september 30, 2023'' and inserting ``through september 30,
2027''; and
(B) in subparagraph (A), in the matter preceding clause
(i), by striking ``2023'' each place it appears and inserting
``2027''.
(2) Conforming amendments.--Section 1902(gg)(2) of the Social
Security Act (42 U.S.C. 1396a(gg)(2)), as amended by section
3002(f)(2) of the HEALTHY KIDS Act (division C of Public Law 115-
120), is amended--
(A) in the paragraph heading, by striking ``through
september 30, 2023'' and inserting ``through september 30,
2027''; and
(B) by striking ``2023,'' each place it appears and
inserting ``2027''.
SEC. 50102. EXTENSION OF PEDIATRIC QUALITY MEASURES PROGRAM.
(a) In General.--Section 1139A(i)(1) of the Social Security Act (42
U.S.C. 1320b-9a(i)(1)), as amended by section 3003(b) of the HEALTHY
KIDS Act (division C of Public Law 115-120), is amended--
(1) in subparagraph (B), by striking ``; and'' and inserting a
semicolon;
(2) in subparagraph (C), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) for the period of fiscal years 2024 through 2027,
$60,000,000 for the purpose of carrying out this section (other
than subsections (e), (f), and (g)).''.
(b) Making Reporting Mandatory.--Section 1139A of the Social
Security Act (42 U.S.C. 1320b-9a) is amended--
(1) in subsection (a)--
(A) in the heading for paragraph (4), by inserting ``and
mandatory reporting'' after ``reporting'';
(B) in paragraph (4)--
(i) by striking ``Not later than'' and inserting the
following:
``(A) Voluntary reporting.--Not later than''; and
(ii) by adding at the end the following:
``(B) Mandatory reporting.--Beginning with the annual State
report on fiscal year 2024 required under subsection (c)(1),
the Secretary shall require States to use the initial core
measurement set and any updates or changes to that set to
report information regarding the quality of pediatric health
care under titles XIX and XXI using the standardized format for
reporting information and procedures developed under
subparagraph (A).''; and
(C) in paragraph (6)(B), by inserting ``and, beginning with
the report required on January 1, 2025, and for each annual
report thereafter, the status of mandatory reporting by States
under titles XIX and XXI, utilizing the initial core quality
measurement set and any updates or changes to that set'' before
the semicolon; and
(2) in subsection (c)(1)(A), by inserting ``and, beginning with
the annual report on fiscal year 2024, all of the core measures
described in subsection (a) and any updates or changes to those
measures'' before the semicolon.
SEC. 50103. EXTENSION OF OUTREACH AND ENROLLMENT PROGRAM.
(a) In General.--Section 2113 of the Social Security Act (42 U.S.C.
1397mm), as amended by section 3004(a) of the HEALTHY KIDS Act
(division C of Public Law 115-120), is amended--
(1) in subsection (a)(1), by striking ``2023'' and inserting
``2027''; and
(2) in subsection (g)--
(A) by striking ``and $120,000,000'' and inserting ``,
$120,000,000''; and
(B) by inserting ``, and $48,000,000 for the period of
fiscal years 2024 through 2027'' after ``2023''.
(b) Additional Reserved Funds.--Section 2113(a) of the Social
Security Act (42 U.S.C. 1397mm(a)) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) Ten percent set aside for evaluating and providing
technical assistance to grantees.--For the period of fiscal years
2024 through 2027, an amount equal to 10 percent of such amounts
shall be used by the Secretary for the purpose of evaluating and
providing technical assistance to eligible entities awarded grants
under this section.''.
(c) Use of Reserved Funds for National Enrollment and Retention
Strategies.--Section 2113(h) of the Social Security Act (42 U.S.C.
1397mm(h)) is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) the development of materials and toolkits and the
provision of technical assistance to States regarding enrollment
and retention strategies for eligible children under this title and
title XIX; and''.
TITLE II--MEDICARE EXTENDERS
SEC. 50201. EXTENSION OF WORK GPCI FLOOR.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)(E)) is amended by striking ``January 1, 2018'' and inserting
``January 1, 2020''.
SEC. 50202. REPEAL OF MEDICARE PAYMENT CAP FOR THERAPY SERVICES;
LIMITATION TO ENSURE APPROPRIATE THERAPY.
Section 1833(g) of the Social Security Act (42 U.S.C. 1395l(g)) is
amended--
(1) in paragraph (1)--
(A) by striking ``Subject to paragraphs (4) and (5)'' and
inserting ``(A) Subject to paragraphs (4) and (5)'';
(B) in the subparagraph (A), as inserted and designated by
subparagraph (A) of this paragraph, by adding at the end the
following new sentence: ``The preceding sentence shall not
apply to expenses incurred with respect to services furnished
after December 31, 2017.''; and
(C) by adding at the end the following new subparagraph:
``(B) With respect to services furnished during 2018 or a
subsequent year, in the case of physical therapy services of the type
described in section 1861(p), speech-language pathology services of the
type described in such section through the application of section
1861(ll)(2), and physical therapy services and speech-language
pathology services of such type which are furnished by a physician or
as incident to physicians' services, with respect to expenses incurred
in any calendar year, any amount that is more than the amount specified
in paragraph (2) for the year shall not be considered as incurred
expenses for purposes of subsections (a) and (b) unless the applicable
requirements of paragraph (7) are met.'';
(2) in paragraph (3)--
(A) by striking ``Subject to paragraphs (4) and (5)'' and
inserting ``(A) Subject to paragraphs (4) and (5)'';
(B) in the subparagraph (A), as inserted and designated by
subparagraph (A) of this paragraph, by adding at the end the
following new sentence: ``The preceding sentence shall not
apply to expenses incurred with respect to services furnished
after December 31, 2017.''; and
(C) by adding at the end the following new subparagraph:.
``(B) With respect to services furnished during 2018 or a
subsequent year, in the case of occupational therapy services (of the
type that are described in section 1861(p) through the operation of
section 1861(g) and of such type which are furnished by a physician or
as incident to physicians' services), with respect to expenses incurred
in any calendar year, any amount that is more than the amount specified
in paragraph (2) for the year shall not be considered as incurred
expenses for purposes of subsections (a) and (b) unless the applicable
requirements of paragraph (7) are met.'';
(3) in paragraph (5)--
(A) by redesignating subparagraph (D) as paragraph (8) and
moving such paragraph to immediately follow paragraph (7), as
added by paragraph (4) of this section; and
(B) in subparagraph (E)(iv), by inserting ``, except as
such process is applied under paragraph (7)(B)'' before the
period at the end; and
(4) by adding at the end the following new paragraph:
``(7) For purposes of paragraphs (1)(B) and (3)(B), with respect to
services described in such paragraphs, the requirements described in
this paragraph are as follows:
``(A) Inclusion of appropriate modifier.--The claim for such
services contains an appropriate modifier (such as the KX modifier
described in paragraph (5)(B)) indicating that such services are
medically necessary as justified by appropriate documentation in
the medical record involved.
``(B) Targeted medical review for certain services above
threshold.--
``(i) In general.--In the case where expenses that would be
incurred for such services would exceed the threshold described
in clause (ii) for the year, such services shall be subject to
the process for medical review implemented under paragraph
(5)(E).
``(ii) Threshold.--The threshold under this clause for--
``(I) a year before 2028, is $3,000;
``(II) 2028, is the amount specified in subclause (I)
increased by the percentage increase in the MEI (as defined
in section 1842(i)(3)) for 2028; and
``(III) a subsequent year, is the amount specified in
this clause for the preceding year increased by the
percentage increase in the MEI (as defined in section
1842(i)(3)) for such subsequent year;
except that if an increase under subclause (II) or (III) for a
year is not a multiple of $10, it shall be rounded to the
nearest multiple of $10.
``(iii) Application.--The threshold under clause (ii) shall
be applied separately--
``(I) for physical therapy services and speech-language
pathology services; and
``(II) for occupational therapy services.
``(iv) Funding.--For purposes of carrying out this
subparagraph, the Secretary shall provide for the transfer,
from the Federal Supplementary Medical Insurance Trust Fund
under section 1841 to the Centers for Medicare & Medicaid
Services Program Management Account, of $5,000,000 for each
fiscal year beginning with fiscal year 2018, to remain
available until expended. Such funds may not be used by a
contractor under section 1893(h) for medical reviews under this
subparagraph.''.
SEC. 50203. MEDICARE AMBULANCE SERVICES.
(a) Extension of Certain Ground Ambulance Add-on Payments.--
(1) Ground ambulance.--Section 1834(l)(13)(A) of the Social
Security Act (42 U.S.C. 1395m(l)(13)(A)) is amended by striking
``2018'' and inserting ``2023'' each place it appears.
(2) Super rural ambulance.--Section 1834(l)(12)(A) of the
Social Security Act (42 U.S.C. 1395m(l)(12)(A)) is amended, in the
first sentence, by striking ``2018'' and inserting ``2023''.
(b) Requiring Ground Ambulance Providers of Services and Suppliers
to Submit Cost and Other Information.--Section 1834(l) of the Social
Security Act (42 U.S.C. 1395m(l)) is amended by adding at the end the
following new paragraph:
``(17) Submission of cost and other information.--
``(A) Development of data collection system.--The Secretary
shall develop a data collection system (which may include use
of a cost survey) to collect cost, revenue, utilization, and
other information determined appropriate by the Secretary with
respect to providers of services (in this paragraph referred to
as `providers') and suppliers of ground ambulance services.
Such system shall be designed to collect information--
``(i) needed to evaluate the extent to which reported
costs relate to payment rates under this subsection;
``(ii) on the utilization of capital equipment and
ambulance capacity, including information consistent with
the type of information described in section 1121(a); and
``(iii) on different types of ground ambulance services
furnished in different geographic locations, including
rural areas and low population density areas described in
paragraph (12).
``(B) Specification of data collection system.--
``(i) In general.--The Secretary shall--
``(I) not later than December 31, 2019, specify the
data collection system under subparagraph (A); and
``(II) identify the providers and suppliers of
ground ambulance services that would be required to
submit information under such data collection system,
including the representative sample described in clause
(ii).
``(ii) Determination of representative sample.--
``(I) In general.--Not later than December 31,
2019, with respect to the data collection for the first
year under such system, and for each subsequent year
through 2024, the Secretary shall determine a
representative sample to submit information under the
data collection system.
``(II) Requirements.--The sample under subclause
(I) shall be representative of the different types of
providers and suppliers of ground ambulance services
(such as those providers and suppliers that are part of
an emergency service or part of a government
organization) and the geographic locations in which
ground ambulance services are furnished (such as urban,
rural, and low population density areas).
``(III) Limitation.--The Secretary shall not
include an individual provider or supplier of ground
ambulance services in the sample under subclause (I) in
2 consecutive years, to the extent practicable.
``(C) Reporting of cost information.--For each year, a
provider or supplier of ground ambulance services identified by
the Secretary under subparagraph (B)(i)(II) as being required
to submit information under the data collection system with
respect to a period for the year shall submit to the Secretary
information specified under the system. Such information shall
be submitted in a form and manner, and at a time, specified by
the Secretary for purposes of this subparagraph.
``(D) Payment reduction for failure to report.--
``(i) In general.--Beginning January 1, 2022, subject
to clause (ii), a 10 percent reduction to payments under
this subsection shall be made for the applicable period (as
defined in clause (ii)) to a provider or supplier of ground
ambulance services that--
``(I) is required to submit information under the
data collection system with respect to a period under
subparagraph (C); and
``(II) does not sufficiently submit such
information, as determined by the Secretary.
``(ii) Applicable period defined.--For purposes of
clause (i), the term `applicable period' means, with
respect to a provider or supplier of ground ambulance
services, a year specified by the Secretary not more than 2
years after the end of the period with respect to which the
Secretary has made a determination under clause (i)(II)
that the provider or supplier of ground ambulance services
failed to sufficiently submit information under the data
collection system.
``(iii) Hardship exemption.--The Secretary may exempt a
provider or supplier from the payment reduction under
clause (i) with respect to an applicable period in the
event of significant hardship, such as a natural disaster,
bankruptcy, or other similar situation that the Secretary
determines interfered with the ability of the provider or
supplier of ground ambulance services to submit such
information in a timely manner for the specified period.
``(iv) Informal review.--The Secretary shall establish
a process under which a provider or supplier of ground
ambulance services may seek an informal review of a
determination that the provider or supplier is subject to
the payment reduction under clause (i).
``(E) Ongoing data collection.--
``(i) Revision of data collection system.--The
Secretary may, as the Secretary determines appropriate and,
if available, taking into consideration the report (or
reports) under subparagraph (F), revise the data collection
system under subparagraph (A).
``(ii) Subsequent data collection.--In order to
continue to evaluate the extent to which reported costs
relate to payment rates under this subsection and for other
purposes the Secretary deems appropriate, the Secretary
shall require providers and suppliers of ground ambulance
services to submit information for years after 2024 as the
Secretary determines appropriate, but in no case less often
than once every 3 years.
``(F) Ground ambulance data collection system study.--
``(i) In general.--Not later than March 15, 2023, and
as determined necessary by the Medicare Payment Advisory
Commission thereafter, such Commission shall assess, and
submit to Congress a report on, information submitted by
providers and suppliers of ground ambulance services
through the data collection system under subparagraph (A),
the adequacy of payments for ground ambulance services
under this subsection, and geographic variations in the
cost of furnishing such services.
``(ii) Contents.--A report under clause (i) shall
contain the following:
``(I) An analysis of information submitted through
the data collection system.
``(II) An analysis of any burden on providers and
suppliers of ground ambulance services associated with
the data collection system.
``(III) A recommendation as to whether information
should continue to be submitted through such data
collection system or if such system should be revised
under subparagraph (E)(i).
``(IV) Other information determined appropriate by
the Commission.
``(G) Public availability.--The Secretary shall post
information on the results of the data collection under this
paragraph on the Internet website of the Centers for Medicare &
Medicaid Services, as determined appropriate by the Secretary.
``(H) Implementation.--The Secretary shall implement this
paragraph through notice and comment rulemaking.
``(I) Administration.--Chapter 35 of title 44, United
States Code, shall not apply to the collection of information
required under this subsection.
``(J) Limitations on review.--There shall be no
administrative or judicial review under section 1869, section
1878, or otherwise of the data collection system or
identification of respondents under this paragraph.
``(K) Funding for implementation.--For purposes of carrying
out subparagraph (A), the Secretary shall provide for the
transfer, from the Federal Supplementary Medical Insurance
Trust Fund under section 1841, of $15,000,000 to the Centers
for Medicare & Medicaid Services Program Management Account for
fiscal year 2018. Amounts transferred under this subparagraph
shall remain available until expended.''.
SEC. 50204. EXTENSION OF INCREASED INPATIENT HOSPITAL PAYMENT
ADJUSTMENT FOR CERTAIN LOW-VOLUME HOSPITALS.
(a) In General.--Section 1886(d)(12) of the Social Security Act (42
U.S.C. 1395ww(d)(12)) is amended--
(1) in subparagraph (B), in the matter preceding clause (i), by
striking ``fiscal year 2018'' and inserting ``fiscal year 2023'';
(2) in subparagraph (C)--
(A) in clause (i)--
(i) by striking ``through 2017'' the first place it
appears and inserting ``through 2022''; and
(ii) by striking `` and has less than 800 discharges''
and all that follows through the period at the end and
inserting the following ``and has--
``(I) with respect to each of fiscal years 2005
through 2010, less than 800 discharges during the
fiscal year;
``(II) with respect to each of fiscal years 2011
through 2018, less than 1,600 discharges of individuals
entitled to, or enrolled for, benefits under part A
during the fiscal year or portion of fiscal year;
``(III) with respect to each of fiscal years 2019
through 2022, less than 3,800 discharges during the
fiscal year; and
``(IV) with respect to fiscal year 2023 and each
subsequent fiscal year, less than 800 discharges during
the fiscal year.''; and
(B) in clause (ii)--
(i) by striking ``subparagraph (B)'' and inserting
``subparagraphs (B) and (D)''; and
(ii) by inserting ``(except as provided in clause
(i)(II) and subparagraph (D)(i))'' after ``regardless'';
and
(3) in subparagraph (D)--
(A) by striking ``through 2017'' and inserting ``through
2022'';
(B) by striking ``hospitals with 200 or fewer'' and
inserting the following: ``hospitals--
``(i) with respect to each of fiscal years 2011 through
2018, with 200 or fewer'';
(C) by striking the period at the end and inserting ``or
portion of fiscal year; and''; and
(D) by adding at the end the following new clause:
``(ii) with respect to each of fiscal years 2019
through 2022, with 500 or fewer discharges in the fiscal
year to 0 percent for low-volume hospitals with greater
than 3,800 discharges in the fiscal year.''.
(b) MedPAC Report on Extension of Increased Inpatient Hospital
Payment Adjustment for Certain Low-volume Hospitals.--
(1) In general.--Not later than March 15, 2022, the Medicare
Payment Advisory Commission shall submit to Congress a report on
the extension of the increased inpatient hospital payment
adjustment for certain low-volume hospitals under section
1886(d)(12) of the Social Security Act (42 U.S.C. 1395ww(d)(12))
under the provisions of, and amendments made by, this section.
(2) Contents.--The report under paragraph (1) shall include an
evaluation of the effects of such extension on the following:
(A) Beneficiary utilization of inpatient hospital services
under title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.).
(B) The financial status of hospitals with a low volume of
Medicare or total inpatient admissions.
(C) Program spending under such title XVIII.
(D) Other matters relevant to evaluating the effects of
such extension.
SEC. 50205. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH) PROGRAM.
(a) In General.--Section 1886(d)(5)(G) of the Social Security Act
(42 U.S.C. 1395ww(d)(5)(G)) is amended--
(1) in clause (i), by striking ``October 1, 2017'' and
inserting ``October 1, 2022'';
(2) in clause (ii)(II), by striking ``October 1, 2017'' and
inserting ``October 1, 2022''; and
(3) in clause (iv), by striking subclause (I) and inserting the
following new subclause:
``(I) that is located in--
``(aa) a rural area; or
``(bb) a State with no rural area (as defined in paragraph
(2)(D)) and satisfies any of the criteria in subclause (I),
(II), or (III) of paragraph (8)(E)(ii),''; and
(4) by inserting after subclause (IV) the following new flush
sentences:
``Subclause (I)(bb) shall apply for purposes of payment under clause
(ii) only for discharges of a hospital occurring on or after the
effective date of a determination of medicare-dependent small rural
hospital status made by the Secretary with respect to the hospital
after the date of the enactment of this sentence. For purposes of
applying subclause (II) of paragraph (8)(E)(ii) under subclause
(I)(bb), such subclause (II) shall be applied by inserting `as of
January 1, 2018,' after `such State' each place it appears.''.
(b) Conforming Amendments.--
(1) Extension of target amount.--Section 1886(b)(3)(D) of the
Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is amended--
(A) in the matter preceding clause (i), by striking
``October 1, 2017'' and inserting ``October 1, 2022''; and
(B) in clause (iv), by striking ``through fiscal year
2017'' and inserting ``through fiscal year 2022''.
(2) Permitting hospitals to decline reclassification.--Section
13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42
U.S.C. 1395ww note) is amended by striking ``through fiscal year
2017'' and inserting ``through fiscal year 2022''.
(c) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States (in
this subsection referred to as the ``Comptroller General'') shall
conduct a study on the medicare-dependent, small rural hospital
program under section 1886(d) of the Social Security Act (42 U.S.C.
1395x(d)). Such study shall include an analysis of the following:
(A) The payor mix of medicare-dependent, small rural
hospitals (as defined in paragraph (5)(G)(iv) of such section
1886(d)), how such mix will trend in future years (based on
current trends and projections), and whether or not the
requirement under subclause (IV) of such paragraph should be
revised.
(B) The characteristics of medicare-dependent, small rural
hospitals that meet the requirement of such subclause (IV)
through the application of paragraph (a)(iii)(A) or (a)(iii)(B)
of section 412.108 of title 42, Code of Federal Regulations,
including Medicare inpatient and outpatient utilization, payor
mix, and financial status (including Medicare and total
margins), and whether or not Medicare payments for such
hospitals should be revised.
(C) Such other items related to medicare-dependent, small
rural hospitals as the Comptroller General determines
appropriate.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General shall submit to
Congress a report containing the results of the study conducted
under paragraph (1), together with recommendations for such
legislation and administrative action as the Comptroller General
determines appropriate.
SEC. 50206. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT,
INPUT, AND SELECTION; REPORTING REQUIREMENTS.
(a) Extension of Funding.--Section 1890(d)(2) of the Social
Security Act (42 U.S.C. 1395aaa(d)(2)) is amended--
(1) in the first sentence--
(A) by striking ``2014 and'' and inserting ``2014,''; and
(B) by inserting the following before the period: ``, and
$7,500,000 for each of fiscal years 2018 and 2019''; and
(2) by adding at the end the following new sentence: ``Amounts
transferred for each of fiscal years 2018 and 2019 shall be in
addition to any unobligated funds transferred for a preceding
fiscal year that are available under the preceding sentence.''
(b) Annual Report by Secretary to Congress.--Section 1890 of the
Social Security Act (42 U.S.C. 1395aaa) is amended by adding at the end
the following new subsection:
``(e) Annual Report by Secretary to Congress.--By not later than
March 1 of each year (beginning with 2019), the Secretary shall submit
to Congress a report containing the following:
``(1) A comprehensive plan that identifies the quality
measurement needs of programs and initiatives of the Secretary and
provides a strategy for using the entity with a contract under
subsection (a) and any other entity the Secretary has contracted
with or may contract with to perform work associated with section
1890A to help meet those needs, specifically with respect to the
programs under this title and title XIX. In years after the first
plan under this paragraph is submitted, the requirements of this
paragraph may be met by providing an update to the plan.
``(2) The amount of funding provided under subsection (d) for
purposes of carrying out this section and section 1890A that has
been obligated by the Secretary, the amount of funding provided
that has been expended, and the amount of funding provided that
remains unobligated.
``(3) With respect to the activities described under this
section or section 1890A, a description of how the funds described
in paragraph (2) have been obligated or expended, including how
much of that funding has been obligated or expended for work
performed by the Secretary, the entity with a contract under
subsection (a), and any other entity the Secretary has contracted
with to perform work.
``(4) A description of the activities for which the funds
described in paragraph (2) were used, including task orders and
activities assigned to the entity with a contract under subsection
(a), activities performed by the Secretary, and task orders and
activities assigned to any other entity the Secretary has
contracted with to perform work related to carrying out section
1890A.
``(5) The amount of funding described in paragraph (2) that has
been obligated or expended for each of the activities described in
paragraph (4).
``(6) Estimates for, and descriptions of, obligations and
expenditures that the Secretary anticipates will be needed in the
succeeding two year period to carry out each of the quality
measurement activities required under this section and section
1890A, including any obligations that will require funds to be
expended in a future year.''.
(c) Revisions to Annual Report From Consensus-based Entity to
Congress and the Secretary.--
(1) In general.--Section 1890(b)(5)(A) of the Social Security
Act (42 U.S.C. 1395aaa(b)(5)(A)) is amended--
(A) by redesignating clauses (i) through (vi) as subclauses
(I) through (VI), respectively, and moving the margins
accordingly;
(B) in the matter preceding subclause (I), as redesignated
by subparagraph (A), by striking ``containing a description
of--'' and inserting ``containing the following:
``(i) A description of--''; and
(C) by adding at the end the following new clauses:
``(ii) An itemization of financial information for the
fiscal year ending September 30 of the preceding year,
including--
``(I) annual revenues of the entity (including any
government funding, private sector contributions,
grants, membership revenues, and investment revenue);
``(II) annual expenses of the entity (including
grants paid, benefits paid, salaries or other
compensation, fundraising expenses, and overhead
costs); and
``(III) a breakdown of the amount awarded per
contracted task order and the specific projects funded
in each task order assigned to the entity.
``(iii) Any updates or modifications of internal
policies and procedures of the entity as they relate to the
duties of the entity under this section, including--
``(I) specifically identifying any modifications to
the disclosure of interests and conflicts of interests
for committees, work groups, task forces, and advisory
panels of the entity; and
``(II) information on external stakeholder
participation in the duties of the entity under this
section (including complete rosters for all committees,
work groups, task forces, and advisory panels funded
through government contracts, descriptions of relevant
interests and any conflicts of interest for members of
all committees, work groups, task forces, and advisory
panels, and the total percentage by health care sector
of all convened committees, work groups, task forces,
and advisory panels.''.
(2) Effective date.--The amendments made by this subsection
shall apply to reports submitted for years beginning with 2019.
(d) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States shall
conduct a study on health care quality measurement efforts funded
under sections 1890 and 1890A of the Social Security Act (42 U.S.C.
1395aaa; 1395aaa-1). Such study shall include an examination of the
following:
(A) The extent to which the Secretary of Health and Human
Services (in this subsection referred to as the ``Secretary'')
has set and prioritized objectives to be achieved for each of
the quality measurement activities required under such sections
1890 and 1890A.
(B) The efforts that the Secretary has undertaken to meet
quality measurement objectives associated with such sections
1890 and 1890A, including division of responsibilities for
those efforts within the Department of Health and Human
Services and through contracts with a consensus-based entity
under subsection (a) of such section 1890 (in this subsection
referred to as the ``consensus-based entity'') and other
entities, and the extent of any overlap among the work
performed by the Secretary, the consensus-based entity, the
Measure Applications Partnership (MAP) convened by such entity
to provide input to the Secretary on the selection of quality
and efficiency measures, and any other entities the Secretary
has contracted with to perform work related to carrying out
such sections 1890 and 1890A.
(C) The total amount of funding provided to the Secretary
for purposes of carrying out such sections 1890 and 1890A, the
amount of such funding that has been obligated or expended by
the Secretary, and the amount of such funding that remains
unobligated.
(D) How the funds described in subparagraph (C) have been
allocated, including how much of the funding has been allocated
for work performed by the Secretary, the consensus-based
entity, and any other entity the Secretary has contracted with
to perform work related to carrying out such sections 1890 and
1890A, respectively, and descriptions of such work.
(E) The extent to which the Secretary has developed a
comprehensive and long-term plan to ensure that it can achieve
quality measurement objectives related to carrying out such
sections 1890 and 1890A in a timely manner and with efficient
use of available resources, including the roles of the
consensus-based entity, the Measure Applications Partnership
(MAP), and any other entity the Secretary has contracted with
to perform work related to such sections 1890 and 1890A in
helping the Secretary achieve those objectives.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report containing the results of the
study conducted under paragraph (1), together with recommendations
for such legislation and administrative action as the Comptroller
General determines appropriate.
SEC. 50207. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME
PROGRAMS; STATE HEALTH INSURANCE ASSISTANCE PROGRAM REPORTING
REQUIREMENTS.
(a) Funding Extensions.--
(1) Additional funding for state health insurance programs.--
Subsection (a)(1)(B) of section 119 of the Medicare Improvements
for Patients and Providers Act of 2008 (42 U.S.C. 1395b-3 note), as
amended by section 3306 of the Patient Protection and Affordable
Care Act (Public Law 111-148), section 610 of the American Taxpayer
Relief Act of 2012 (Public Law 112-240), section 1110 of the
Pathway for SGR Reform Act of 2013 (Public Law 113-67), section 110
of the Protecting Access to Medicare Act of 2014 (Public Law 113-
93), and section 208 of the Medicare Access and CHIP
Reauthorization Act of 2015 (Public Law 114-10) is amended--
(A) in clause (vi), by striking ``and'' at the end;
(B) in clause (vii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clauses:
``(viii) for fiscal year 2018, of $13,000,000; and
``(ix) for fiscal year 2019, of $13,000,000.''.
(2) Additional funding for area agencies on aging.--Subsection
(b)(1)(B) of such section 119, as so amended, is amended--
(A) in clause (vi), by striking ``and'' at the end;
(B) in clause (vii), by striking the period at the end and
inserting ``; and''; and
(C) by inserting after clause (vii) the following new
clauses:
``(viii) for fiscal year 2018, of $7,500,000; and
``(ix) for fiscal year 2019, of $7,500,000.''.
(3) Additional funding for aging and disability resource
centers.--Subsection (c)(1)(B) of such section 119, as so amended,
is amended--
(A) in clause (vi), by striking ``and'' at the end;
(B) in clause (vii), by striking the period at the end and
inserting ``; and''; and
(C) by inserting after clause (vii) the following new
clauses:
``(viii) for fiscal year 2018, of $5,000,000; and
``(ix) for fiscal year 2019, of $5,000,000.''.
(4) Additional funding for contract with the national center
for benefits and outreach enrollment.--Subsection (d)(2) of such
section 119, as so amended, is amended--
(A) in clause (vi), by striking ``and'' at the end;
(B) in clause (vii), by striking the period at the end and
inserting ``; and''; and
(C) by inserting after clause (vii) the following new
clauses:
``(viii) for fiscal year 2018, of $12,000,000; and
``(ix) for fiscal year 2019, of $12,000,000.''.
(b) State Health Insurance Assistance Program Reporting
Requirements.--Beginning not later than April 1, 2019, and biennially
thereafter, the Agency for Community Living shall electronically post
on its website the following information, with respect to grants to
States for State health insurance assistance programs, (such
information to be presented by State and by entity receiving funds from
the State to carry out such a program funded by such grant):
(1) The amount of Federal funding provided to each such State
for such program for the period involved and the amount of Federal
funding provided by each such State for such program to each such
entity for the period involved.
(2) Information as the Secretary may specify, with respect to
such programs carried out through such grants, consistent with the
terms and conditions for receipt of such grants.
SEC. 50208. EXTENSION OF HOME HEALTH RURAL ADD-ON.
(a) Extension.--
(1) In general.--Section 421 of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173; 117
Stat. 2283; 42 U.S.C. 1395fff note), as amended by section 5201(b)
of the Deficit Reduction Act of 2005 (Public Law 109-171; 120 Stat.
46), section 3131(c) of the Patient Protection and Affordable Care
Act (Public Law 111-148; 124 Stat. 428), and section 210 of the
Medicare Access and CHIP Reauthorization Act of 2015 (Public Law
114-10; 129 Stat. 151) is amended--
(A) in subsection (a), by striking ``January 1, 2018'' and
inserting ``January 1, 2019'' each place it appears;
(B) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(C) in each of subsections (c) and (d), as so redesignated,
by striking ``subsection (a)'' and inserting ``subsection (a)
or (b)''; and
(D) by inserting after subsection (a) the following new
subsection:
``(b) Subsequent Temporary Increase.--
``(1) In general.--The Secretary shall increase the payment
amount otherwise made under such section 1895 for home health
services furnished in a county (or equivalent area) in a rural area
(as defined in such section 1886(d)(2)(D)) that, as determined by
the Secretary--
``(A) is in the highest quartile of all counties (or
equivalent areas) based on the number of Medicare home health
episodes furnished per 100 individuals who are entitled to, or
enrolled for, benefits under part A of title XVIII of the
Social Security Act or enrolled for benefits under part B of
such title (but not enrolled in a plan under part C of such
title)--
``(i) in the case of episodes and visits ending during
2019, by 1.5 percent; and
``(ii) in the case of episodes and visits ending during
2020, by 0.5 percent;
``(B) has a population density of 6 individuals or fewer
per square mile of land area and is not described in
subparagraph (A)--
``(i) in the case of episodes and visits ending during
2019, by 4 percent;
``(ii) in the case of episodes and visits ending during
2020, by 3 percent;
``(iii) in the case of episodes and visits ending
during 2021, by 2 percent; and
``(iv) in the case of episodes and visits ending during
2022, by 1 percent; and
``(C) is not described in either subparagraph (A) or (B)--
``(i) in the case of episodes and visits ending during
2019, by 3 percent;
``(ii) in the case of episodes and visits ending during
2020, by 2 percent; and
``(iii) in the case of episodes and visits ending
during 2021, by 1 percent.
``(2) Rules for determinations.--
``(A) No switching.--For purposes of this subsection, the
determination by the Secretary as to which subparagraph of
paragraph (1) applies to a county (or equivalent area) shall be
made a single time and shall apply for the duration of the
period to which this subsection applies.
``(B) Utilization.--In determining which counties (or
equivalent areas) are in the highest quartile under paragraph
(1)(A), the following rules shall apply:
``(i) The Secretary shall use data from 2015.
``(ii) The Secretary shall exclude data from the
territories (and the territories shall not be described in
such paragraph).
``(iii) The Secretary may exclude data from counties
(or equivalent areas) in rural areas with a low volume of
home health episodes (and if data is so excluded with
respect to a county (or equivalent area), such county (or
equivalent area) shall not be described in such paragraph).
``(C) Population density.--In determining population
density under paragraph (1)(B), the Secretary shall use data
from the 2010 decennial Census.
``(3) Limitations on review.--There shall be no administrative
or judicial review under section 1869, section 1878, or otherwise
of determinations under paragraph (1).''.
(2) Requirement to submit county data on claim form.--Section
1895(c) of the Social Security Act (42 U.S.C. 1395fff(c)) is
amended--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) in the case of home health services furnished on or after
January 1, 2019, the claim contains the code for the county (or
equivalent area) in which the home health service was furnished.''.
(b) HHS OIG Analysis.--Not later than January 1, 2023, the
Inspector General of the Department of Health and Human Services shall
submit to Congress--
(1) an analysis of the home health claims and utilization of
home health services by county (or equivalent area) under the
Medicare program; and
(2) recommendations the Inspector General determines
appropriate based on such analysis.
TITLE III--CREATING HIGH-QUALITY RESULTS AND OUTCOMES NECESSARY TO
IMPROVE CHRONIC (CHRONIC) CARE
Subtitle A--Receiving High Quality Care in the Home
SEC. 50301. EXTENDING THE INDEPENDENCE AT HOME DEMONSTRATION PROGRAM.
(a) In General.--Section 1866E of the Social Security Act (42
U.S.C. 1395cc-5) is amended--
(1) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``An agreement'' and inserting
``Agreements''; and
(ii) by striking ``5-year'' and inserting ``7-year'';
and
(B) in paragraph (5)--
(i) by striking ``10,000'' and inserting ``15,000'';
and
(ii) by adding at the end the following new sentence:
``An applicable beneficiary that participates in the
demonstration program by reason of the increase from 10,000
to 15,000 in the preceding sentence pursuant to the
amendment made by section 50301(a)(1)(B)(i) of the
Advancing Chronic Care, Extenders, and Social Services Act
shall be considered in the spending target estimates under
paragraph (1) of subsection (c) and the incentive payment
calculations under paragraph (2) of such subsection for the
sixth and seventh years of such program.'';
(2) in subsection (g), in the first sentence, by inserting ``,
including, to the extent practicable, with respect to the use of
electronic health information systems, as described in subsection
(b)(1)(A)(vi)'' after ``under the demonstration program''; and
(3) in subsection (i)(1)(A), by striking ``will not receive an
incentive payment for the second of 2'' and inserting ``did not
achieve savings for the third of 3''.
(b) Effective Date.--The amendment made by subsection (a)(3) shall
take effect as if included in the enactment of Public Law 111-148.
SEC. 50302. EXPANDING ACCESS TO HOME DIALYSIS THERAPY.
(a) In General.--Section 1881(b)(3) of the Social Security Act (42
U.S.C. 1395rr(b)(3)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively;
(2) in clause (ii), as redesignated by paragraph (1), by
striking ``on a comprehensive'' and insert ``subject to
subparagraph (B), on a comprehensive'';
(3) by striking ``With respect to'' and inserting ``(A) With
respect to''; and
(4) by adding at the end the following new subparagraph:
``(B)(i) For purposes of subparagraph (A)(ii), subject to clause
(ii), an individual determined to have end stage renal disease
receiving home dialysis may choose to receive monthly end stage renal
disease-related clinical assessments furnished on or after January 1,
2019, via telehealth.
``(ii) Clause (i) shall apply to an individual only if the
individual receives a face-to-face clinical assessment, without the use
of telehealth--
``(I) in the case of the initial 3 months of home dialysis of
such individual, at least monthly; and
``(II) after such initial 3 months, at least once every 3
consecutive months.''.
(b) Originating Site Requirements.--
(1) In general.--Section 1834(m) of the Social Security Act (42
U.S.C. 1395m(m)) is amended--
(A) in paragraph (4)(C)(ii), by adding at the end the
following new subclauses:
``(IX) A renal dialysis facility, but only for
purposes of section 1881(b)(3)(B).
``(X) The home of an individual, but only for
purposes of section 1881(b)(3)(B).''; and
(B) by adding at the end the following new paragraph:
``(5) Treatment of home dialysis monthly esrd-related visit.--
The geographic requirements described in paragraph (4)(C)(i) shall
not apply with respect to telehealth services furnished on or after
January 1, 2019, for purposes of section 1881(b)(3)(B), at an
originating site described in subclause (VI), (IX), or (X) of
paragraph (4)(C)(ii).''.
(2) No facility fee if originating site for home dialysis
therapy is the home.--Section 1834(m)(2)(B) of the Social Security
(42 U.S.C. 1395m(m)(2)(B)) is amended--
(A) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), and indenting appropriately;
(B) in subclause (II), as redesignated by subparagraph (A),
by striking ``clause (i) or this clause'' and inserting
``subclause (I) or this subclause'';
(C) by striking ``site.--With respect to'' and inserting
``site.--
``(i) In general.--Subject to clause (ii), with respect
to''; and
(D) by adding at the end the following new clause:
``(ii) No facility fee if originating site for home
dialysis therapy is the home.--No facility fee shall be
paid under this subparagraph to an originating site
described in paragraph (4)(C)(ii)(X).''.
(c) Clarification Regarding Telehealth Provided to Beneficiaries.--
Section 1128A(i)(6) of the Social Security Act (42 U.S.C. 1320a-
7a(i)(6)) is amended--
(1) in subparagraph (H), by striking ``or'' at the end;
(2) in subparagraph (I), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(J) the provision of telehealth technologies (as defined
by the Secretary) on or after January 1, 2019, by a provider of
services or a renal dialysis facility (as such terms are
defined for purposes of title XVIII) to an individual with end
stage renal disease who is receiving home dialysis for which
payment is being made under part B of such title, if--
``(i) the telehealth technologies are not offered as
part of any advertisement or solicitation;
``(ii) the telehealth technologies are provided for the
purpose of furnishing telehealth services related to the
individual's end stage renal disease; and
``(iii) the provision of the telehealth technologies
meets any other requirements set forth in regulations
promulgated by the Secretary.''.
(d) Conforming Amendment.--Section 1881(b)(1) of the Social
Security Act (42 U.S.C. 1395rr(b)(1)) is amended by striking
``paragraph (3)(A)'' and inserting ``paragraph (3)(A)(i)''.
Subtitle B--Advancing Team-Based Care
SEC. 50311. PROVIDING CONTINUED ACCESS TO MEDICARE ADVANTAGE SPECIAL
NEEDS PLANS FOR VULNERABLE POPULATIONS.
(a) Extension.--Section 1859(f)(1) of the Social Security Act (42
U.S.C. 1395w-28(f)(1)) is amended by striking ``and for periods before
January 1, 2019''.
(b) Increased Integration of Dual SNPs.--
(1) In general.--Section 1859(f) of the Social Security Act (42
U.S.C. 1395w-28(f)) is amended--
(A) in paragraph (3), by adding at the end the following
new subparagraph:
``(F) The plan meets the requirements applicable under
paragraph (8).''; and
(B) by adding at the end the following new paragraph:
``(8) Increased integration of dual snps.--
``(A) Designated contact.--The Secretary, acting through
the Federal Coordinated Health Care Office established under
section 2602 of Public Law 111-148, shall serve as a dedicated
point of contact for States to address misalignments that arise
with the integration of specialized MA plans for special needs
individuals described in subsection (b)(6)(B)(ii) under this
paragraph and, consistent with such role, shall establish--
``(i) a uniform process for disseminating to State
Medicaid agencies information under this title impacting
contracts between such agencies and such plans under this
subsection; and
``(ii) basic resources for States interested in
exploring such plans as a platform for integration, such as
a model contract or other tools to achieve those goals.
``(B) Unified grievances and appeals process.--
``(i) In general.--Not later than April 1, 2020, the
Secretary shall establish procedures, to the extent
feasible as determined by the Secretary, unifying
grievances and appeals procedures under sections 1852(f),
1852(g), 1902(a)(3), 1902(a)(5), and 1932(b)(4) for items
and services provided by specialized MA plans for special
needs individuals described in subsection (b)(6)(B)(ii)
under this title and title XIX. With respect to items and
services described in the preceding sentence, procedures
established under this clause shall apply in place of
otherwise applicable grievances and appeals procedures. The
Secretary shall solicit comment in developing such
procedures from States, plans, beneficiaries and their
representatives, and other relevant stakeholders.
``(ii) Procedures.--The procedures established under
clause (i) shall be included in the plan contract under
paragraph (3)(D) and shall--
``(I) adopt the provisions for the enrollee that
are most protective for the enrollee and, to the extent
feasible as determined by the Secretary, are compatible
with unified timeframes and consolidated access to
external review under an integrated process;
``(II) take into account differences in State plans
under title XIX to the extent necessary;
``(III) be easily navigable by an enrollee; and
``(IV) include the elements described in clause
(iii), as applicable.
``(iii) Elements described.--Both unified appeals and
unified grievance procedures shall include, as applicable,
the following elements described in this clause:
``(I) Single written notification of all applicable
grievances and appeal rights under this title and title
XIX. For purposes of this subparagraph, the Secretary
may waive the requirements under section 1852(g)(1)(B)
when the specialized MA plan covers items or services
under this part or under title XIX.
``(II) Single pathways for resolution of any
grievance or appeal related to a particular item or
service provided by specialized MA plans for special
needs individuals described in subsection (b)(6)(B)(ii)
under this title and title XIX.
``(III) Notices written in plain language and
available in a language and format that is accessible
to the enrollee, including in non-English languages
that are prevalent in the service area of the
specialized MA plan.
``(IV) Unified timeframes for grievances and
appeals processes, such as an individual's filing of a
grievance or appeal, a plan's acknowledgment and
resolution of a grievance or appeal, and notification
of decisions with respect to a grievance or appeal.
``(V) Requirements for how the plan must process,
track, and resolve grievances and appeals, to ensure
beneficiaries are notified on a timely basis of
decisions that are made throughout the grievance or
appeals process and are able to easily determine the
status of a grievance or appeal.
``(iv) Continuation of benefits pending appeal.--The
unified procedures under clause (i) shall, with respect to
all benefits under parts A and B and title XIX subject to
appeal under such procedures, incorporate provisions under
current law and implementing regulations that provide
continuation of benefits pending appeal under this title
and title XIX.
``(C) Requirement for unified grievances and appeals.--For
2021 and subsequent years, the contract of a specialized MA
plan for special needs individuals described in subsection
(b)(6)(B)(ii) with a State Medicaid agency under paragraph
(3)(D) shall require the use of unified grievances and appeals
procedures as described in subparagraph (B).
``(D) Requirements for integration.--
``(i) In general.--For 2021 and subsequent years, a
specialized MA plan for special needs individuals described
in subsection (b)(6)(B)(ii) shall meet one or more of the
following requirements, to the extent permitted under State
law, for integration of benefits under this title and title
XIX:
``(I) The specialized MA plan must meet the
requirements of contracting with the State Medicaid
agency described in paragraph (3)(D) in addition to
coordinating long-term services and supports or
behavioral health services, or both, by meeting an
additional minimum set of requirements determined by
the Secretary through the Federal Coordinated Health
Care Office established under section 2602 of the
Patient Protection and Affordable Care Act based on
input from stakeholders, such as notifying the State in
a timely manner of hospitalizations, emergency room
visits, and hospital or nursing home discharges of
enrollees, assigning one primary care provider for each
enrollee, or sharing data that would benefit the
coordination of items and services under this title and
the State plan under title XIX. Such minimum set of
requirements must be included in the contract of the
specialized MA plan with the State Medicaid agency
under such paragraph.
``(II) The specialized MA plan must meet the
requirements of a fully integrated plan described in
section 1853(a)(1)(B)(iv)(II) (other than the
requirement that the plan have similar average levels
of frailty, as determined by the Secretary, as the PACE
program), or enter into a capitated contract with the
State Medicaid agency to provide long-term services and
supports or behavioral health services, or both.
``(III) In the case of a specialized MA plan that
is offered by a parent organization that is also the
parent organization of a Medicaid managed care
organization providing long term services and supports
or behavioral services under a contract under section
1903(m), the parent organization must assume clinical
and financial responsibility for benefits provided
under this title and title XIX with respect to any
individual who is enrolled in both the specialized MA
plan and the Medicaid managed care organization.
``(ii) Suspension of enrollment for failure to meet
requirements during initial period.--During the period of
plan years 2021 through 2025, if the Secretary determines
that a specialized MA plan for special needs individuals
described in subsection (b)(6)(B)(ii) has failed to comply
with clause (i), the Secretary may provide for the
application against the Medicare Advantage organization
offering the plan of the remedy described in section
1857(g)(2)(B) in the same manner as the Secretary may apply
such remedy, and in accordance with the same procedures as
would apply, in the case of an MA organization determined
by the Secretary to have engaged in conduct described in
section 1857(g)(1). If the Secretary applies such remedy to
a Medicare Advantage organization under the preceding
sentence, the organization shall submit to the Secretary
(at a time, and in a form and manner, specified by the
Secretary) information describing how the plan will come
into compliance with clause (i).
``(E) Study and report to congress.--
``(i) In general.--Not later than March 15, 2022, and,
subject to clause (iii), biennially thereafter through
2032, the Medicare Payment Advisory Commission established
under section 1805, in consultation with the Medicaid and
CHIP Payment and Access Commission established under
section 1900, shall conduct (and submit to the Secretary
and the Committees on Ways and Means and Energy and
Commerce of the House of Representatives and the Committee
on Finance of the Senate a report on) a study to determine
how specialized MA plans for special needs individuals
described in subsection (b)(6)(B)(ii) perform among each
other based on data from Healthcare Effectiveness Data and
Information Set (HEDIS) quality measures, reported on the
plan level, as required under section 1852(e)(3) (or such
other measures or data sources that are available and
appropriate, such as encounter data and Consumer Assessment
of Healthcare Providers and Systems data, as specified by
such Commissions as enabling an accurate evaluation under
this subparagraph). Such study shall include, as feasible,
the following comparison groups of specialized MA plans for
special needs individuals described in subsection
(b)(6)(B)(ii):
``(I) A comparison group of such plans that are
described in subparagraph (D)(i)(I).
``(II) A comparison group of such plans that are
described in subparagraph (D)(i)(II).
``(III) A comparison group of such plans operating
within the Financial Alignment Initiative demonstration
for the period for which such plan is so operating and
the demonstration is in effect, and, in the case that
an integration option that is not with respect to
specialized MA plans for special needs individuals is
established after the conclusion of the demonstration
involved.
``(IV) A comparison group of such plans that are
described in subparagraph (D)(i)(III).
``(V) A comparison group of MA plans, as feasible,
not described in a previous subclause of this clause,
with respect to the performance of such plans for
enrollees who are special needs individuals described
in subsection (b)(6)(B)(ii).
``(ii) Additional reports.--Beginning with 2033 and
every five years thereafter, the Medicare Payment Advisory
Commission, in consultation with the Medicaid and CHIP
Payment and Access Commission, shall conduct a study
described in clause (i).''.
(2) Conforming amendment to responsibilities of federal
coordinated health care office.--Section 2602(d) of Public Law 111-
148 (42 U.S.C. 1315b(d)) is amended by adding at the end the
following new paragraphs:
``(6) To act as a designated contact for States under
subsection (f)(8)(A) of section 1859 of the Social Security Act (42
U.S.C. 1395w-28) with respect to the integration of specialized MA
plans for special needs individuals described in subsection
(b)(6)(B)(ii) of such section.
``(7) To be responsible, subject to the final approval of the
Secretary, for developing regulations and guidance related to the
implementation of a unified grievance and appeals process as
described in subparagraphs (B) and (C) of section 1859(f)(8) of the
Social Security Act (42 U.S.C. 1395w-28(f)(8)).
``(8) To be responsible, subject to the final approval of the
Secretary, for developing regulations and guidance related to the
integration or alignment of policy and oversight under the Medicare
program under title XVIII of such Act and the Medicaid program
under title XIX of such Act regarding specialized MA plans for
special needs individuals described in subsection (b)(6)(B)(ii) of
such section 1859.''.
(c) Improvements to Severe or Disabling Chronic Condition SNPs.--
(1) Care management requirements.--Section 1859(f)(5) of the
Social Security Act (42 U.S.C. 1395w-28(f)(5)) is amended--
(A) by striking ``all snps.--The requirements'' and
inserting ``all snps.--
``(A) In general.--Subject to subparagraph (B), the
requirements'';
(B) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately; and
(C) in clause (ii), as redesignated by subparagraph (B), by
redesignating clauses (i) through (iii) as subclauses (I)
through (III), respectively, and indenting appropriately; and
(D) by adding at the end the following new subparagraph:
``(B) Improvements to care management requirements for
severe or disabling chronic condition snps.--For 2020 and
subsequent years, in the case of a specialized MA plan for
special needs individuals described in subsection
(b)(6)(B)(iii), the requirements described in this paragraph
include the following:
``(i) The interdisciplinary team under subparagraph
(A)(ii)(III) includes a team of providers with demonstrated
expertise, including training in an applicable specialty,
in treating individuals similar to the targeted population
of the plan.
``(ii) Requirements developed by the Secretary to
provide face-to-face encounters with individuals enrolled
in the plan not less frequently than on an annual basis.
``(iii) As part of the model of care under clause (i)
of subparagraph (A), the results of the initial assessment
and annual reassessment under clause (ii)(I) of such
subparagraph of each individual enrolled in the plan are
addressed in the individual's individualized care plan
under clause (ii)(II) of such subparagraph.
``(iv) As part of the annual evaluation and approval of
such model of care, the Secretary shall take into account
whether the plan fulfilled the previous year's goals (as
required under the model of care).
``(v) The Secretary shall establish a minimum benchmark
for each element of the model of care of a plan. The
Secretary shall only approve a plan's model of care under
this paragraph if each element of the model of care meets
the minimum benchmark applicable under the preceding
sentence.''.
(2) Revisions to the definition of a severe or disabling
chronic conditions specialized needs individual.--
(A) In general.--Section 1859(b)(6)(B)(iii) of the Social
Security Act (42 U.S.C. 1395w-28(b)(6)(B)(iii)) is amended--
(i) by striking ``who have'' and inserting ``who--
``(I) before January 1, 2022, have'';
(ii) in subclause (I), as added by clause (i), by
striking the period at the end and inserting ``; and''; and
(iii) by adding at the end the following new subclause:
``(II) on or after January 1, 2022, have one or
more comorbid and medically complex chronic conditions
that is life threatening or significantly limits
overall health or function, have a high risk of
hospitalization or other adverse health outcomes, and
require intensive care coordination and that is listed
under subsection (f)(9)(A).''.
(B) Panel of clinical advisors.--Section 1859(f) of the
Social Security Act (42 U.S.C. 1395w-28(f)), as amended by
subsection (b), is amended by adding at the end the following
new paragraph:
``(9) List of conditions for clarification of the definition of
a severe or disabling chronic conditions specialized needs
individual.--
``(A) In general.--Not later than December 31, 2020, and
every 5 years thereafter, subject to subparagraphs (B) and (C),
the Secretary shall convene a panel of clinical advisors to
establish and update a list of conditions that meet each of the
following criteria:
``(i) Conditions that meet the definition of a severe
or disabling chronic condition under subsection
(b)(6)(B)(iii) on or after January 1, 2022.
``(ii) Conditions that require prescription drugs,
providers, and models of care that are unique to the
specific population of enrollees in a specialized MA plan
for special needs individuals described in such subsection
on or after such date and--
``(I) as a result of access to, and enrollment in,
such a specialized MA plan for special needs
individuals, individuals with such condition would have
a reasonable expectation of slowing or halting the
progression of the disease, improving health outcomes
and decreasing overall costs for individuals diagnosed
with such condition compared to available options of
care other than through such a specialized MA plan for
special needs individuals; or
``(II) have a low prevalence in the general
population of beneficiaries under this title or a
disproportionally high per-beneficiary cost under this
title.
``(B) Inclusion of certain conditions.--The conditions
listed under subparagraph (A) shall include HIV/AIDS, end stage
renal disease, and chronic and disabling mental illness.
``(C) Requirement.--In establishing and updating the list
under subparagraph (A), the panel shall take into account the
availability of varied benefits, cost-sharing, and supplemental
benefits under the model described in paragraph (2) of section
1859(h), including the expansion under paragraph (1) of such
section.''.
(d) Quality Measurement at the Plan Level for SNPs and
Determination of Feasability of Quality Measurement at the Plan Level
for All MA Plans.--Section 1853(o) of the Social Security Act (42
U.S.C. 1395w-23(o)) is amended by adding at the end the following new
paragraphs:
``(6) Quality measurement at the plan level for snps.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may require reporting of data under section 1852(e)
for, and apply under this subsection, quality measures at the
plan level for specialized MA plans for special needs
individuals instead of at the contract level.
``(B) Considerations.--Prior to applying quality
measurement at the plan level under this paragraph, the
Secretary shall--
``(i) take into consideration the minimum number of
enrollees in a specialized MA plan for special needs
individuals in order to determine if a statistically
significant or valid measurement of quality at the plan
level is possible under this paragraph;
``(ii) take into consideration the impact of such
application on plans that serve a disproportionate number
of individuals dually eligible for benefits under this
title and under title XIX;
``(iii) if quality measures are reported at the plan
level, ensure that MA plans are not required to provide
duplicative information; and
``(iv) ensure that such reporting does not interfere
with the collection of encounter data submitted by MA
organizations or the administration of any changes to the
program under this part as a result of the collection of
such data.
``(C) Application.--If the Secretary applies quality
measurement at the plan level under this paragraph--
``(i) such quality measurement may include Medicare
Health Outcomes Survey (HOS), Healthcare Effectiveness Data
and Information Set (HEDIS), Consumer Assessment of
Healthcare Providers and Systems (CAHPS) measures and
quality measures under part D; and
``(ii) the Secretary shall consider applying
administrative actions, such as remedies described in
section 1857(g)(2), at the plan level.
``(7) Determination of feasibility of quality measurement at
the plan level for all ma plans.--
``(A) Determination of feasibility.--The Secretary shall
determine the feasibility of requiring reporting of data under
section 1852(e) for, and applying under this subsection,
quality measures at the plan level for all MA plans under this
part.
``(B) Consideration of change.--After making a
determination under subparagraph (A), the Secretary shall
consider requiring such reporting and applying such quality
measures at the plan level as described in such subparagraph''.
(e) GAO Study and Report on State-Level Integration Between Dual
SNPs and Medicaid.--
(1) Study.--The Comptroller General of the United States (in
this subsection referred to as the ``Comptroller General'') shall
conduct a study on State-level integration between specialized MA
plans for special needs individuals described in subsection (b)(6)
(B)(ii) of section 1859 of the Social Security Act (42 U.S.C.
1395w-28) and the Medicaid program under title XIX of such Act (42
U.S.C. 1396 et seq.). Such study shall include an analysis of the
following:
(A) The characteristics of States in which the State agency
responsible for administering the State plan under such title
XIX has a contract with such a specialized MA plan and that
delivers long-term services and supports under the State plan
under such title XIX through a managed care program, including
the requirements under such State plan with respect to long-
term services and supports.
(B) The types of such specialized MA plans, which may
include the following:
(i) A plan described in section 1853(a)(1)(B)(iv)(II)
of such Act (42 U.S.C. 1395w-23(a)(1)(B)(iv)(II)).
(ii) A plan that meets the requirements described in
subsection (f)(3)(D) of such section 1859.
(iii) A plan described in clause (ii) that also meets
additional requirements established by the State.
(C) The characteristics of individuals enrolled in such
specialized MA plans.
(D) As practicable, the following with respect to State
programs for the delivery of long-term services and supports
under such title XIX through a managed care program:
(i) Which populations of individuals are eligible to
receive such services and supports.
(ii) Whether all such services and supports are
provided on a capitated basis or if any of such services
and supports are carved out and provided through fee-for
service.
(E) As practicable, how the availability and variation of
integration arrangements of such specialized MA plans offered
in States affects spending, service delivery options, access to
community-based care, and utilization of care.
(F) The efforts of State Medicaid programs to transition
dually-eligible beneficiaries receiving long-term services and
supports (LTSS) from institutional settings to home and
community-based settings and related financial impacts of such
transitions.
(G) Barriers and opportunities for making further progress
on dual integration, as well as recommendations for legislation
or administrative action to expedite or refine pathways toward
fully integrated care.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General shall submit to
Congress a report containing the results of the study conducted
under paragraph (1), together with recommendations for such
legislation and administrative action as the Comptroller General
determines appropriate.
Subtitle C--Expanding Innovation and Technology
SEC. 50321. ADAPTING BENEFITS TO MEET THE NEEDS OF CHRONICALLY ILL
MEDICARE ADVANTAGE ENROLLEES.
Section 1859 of the Social Security Act (42 U.S.C. 1395w-28) is
amended by adding at the end the following new subsection:
``(h) National Testing of Medicare Advantage Value-Based Insurance
Design Model.--
``(1) In general.--In implementing the Medicare Advantage
Value-Based Insurance Design model that is being tested under
section 1115A(b), the Secretary shall revise the testing of the
model under such section to cover, effective not later than January
1, 2020, all States.
``(2) Termination and modification provision not applicable
until january 1, 2022.--The provisions of section 1115A(b)(3)(B)
shall apply to the Medicare Advantage Value-Based Insurance Design
model, including such model as revised under paragraph (1),
beginning January 1, 2022, but shall not apply to such model, as so
revised, prior to such date.
``(3) Funding.--The Secretary shall allocate funds made
available under section 1115A(f)(1) to design, implement, and
evaluate the Medicare Advantage Value-Based Insurance Design model,
as revised under paragraph (1).''.
SEC. 50322. EXPANDING SUPPLEMENTAL BENEFITS TO MEET THE NEEDS OF
CHRONICALLY ILL MEDICARE ADVANTAGE ENROLLEES.
(a) In General.--Section 1852(a)(3) of the Social Security Act (42
U.S.C. 1395w-22(a)(3)) is amended--
(1) in subparagraph (A), by striking ``Each'' and inserting
``Subject to subparagraph (D), each''; and
(2) by adding at the end the following new subparagraph:
``(D) Expanding supplemental benefits to meet the needs of
chronically ill enrollees.--
``(i) In general.--For plan year 2020 and subsequent
plan years, in addition to any supplemental health care
benefits otherwise provided under this paragraph, an MA
plan, including a specialized MA plan for special needs
individuals (as defined in section 1859(b)(6)), may provide
supplemental benefits described in clause (ii) to a
chronically ill enrollee (as defined in clause (iii)).
``(ii) Supplemental benefits described.--
``(I) In general.--Supplemental benefits described
in this clause are supplemental benefits that, with
respect to a chronically ill enrollee, have a
reasonable expectation of improving or maintaining the
health or overall function of the chronically ill
enrollee and may not be limited to being primarily
health related benefits.
``(II) Authority to waive uniformity
requirements.--The Secretary may, only with respect to
supplemental benefits provided to a chronically ill
enrollee under this subparagraph, waive the uniformity
requirements under this part, as determined appropriate
by the Secretary.
``(iii) Chronically ill enrollee defined.--In this
subparagraph, the term `chronically ill enrollee' means an
enrollee in an MA plan that the Secretary determines--
``(I) has one or more comorbid and medically
complex chronic conditions that is life threatening or
significantly limits the overall health or function of
the enrollee;
``(II) has a high risk of hospitalization or other
adverse health outcomes; and
``(III) requires intensive care coordination.''.
(b) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States (in
this subsection referred to as the ``Comptroller General'') shall
conduct a study on supplemental benefits provided to enrollees in
Medicare Advantage plans under part C of title XVIII of the Social
Security Act, including specialized MA plans for special needs
individuals (as defined in section 1859(b)(6) of such Act (42
U.S.C. 1395w-28(b)(6))). To the extend data are available, such
study shall include an analysis of the following:
(A) The type of supplemental benefits provided to such
enrollees, the total number of enrollees receiving each
supplemental benefit, and whether the supplemental benefit is
covered by the standard benchmark cost of the benefit or with
an additional premium.
(B) The frequency in which supplemental benefits are
utilized by such enrollees.
(C) The impact supplemental benefits have on--
(i) indicators of the quality of care received by such
enrollees, including overall health and function of the
enrollees;
(ii) the utilization of items and services for which
benefits are available under the original Medicare fee-for-
service program option under parts A and B of such title
XVIII by such enrollees; and
(iii) the amount of the bids submitted by Medicare
Advantage Organizations for Medicare Advantage plans under
such part C.
(2) Consultation.--In conducting the study under paragraph (1),
the Comptroller General shall, as necessary, consult with the
Centers for Medicare & Medicaid Services and Medicare Advantage
organizations offering Medicare Advantage plans.
(3) Report.--Not later than 5 years after the date of the
enactment of this Act, the Comptroller General shall submit to
Congress a report containing the results of the study conducted
under paragraph (1), together with recommendations for such
legislation and administrative action as the Comptroller General
determines appropriate.
SEC. 50323. INCREASING CONVENIENCE FOR MEDICARE ADVANTAGE ENROLLEES
THROUGH TELEHEALTH.
(a) In General.--Section 1852 of the Social Security Act (42 U.S.C.
1395w-22) is amended--
(1) in subsection (a)(1)(B)(i), by inserting ``, subject to
subsection (m),'' after ``means''; and
(2) by adding at the end the following new subsection:
``(m) Provision of Additional Telehealth Benefits.--
``(1) MA plan option.--For plan year 2020 and subsequent plan
years, subject to the requirements of paragraph (3), an MA plan may
provide additional telehealth benefits (as defined in paragraph
(2)) to individuals enrolled under this part.
``(2) Additional telehealth benefits defined.--
``(A) In general.--For purposes of this subsection and
section 1854:
``(i) Definition.--The term `additional telehealth
benefits' means services--
``(I) for which benefits are available under part
B, including services for which payment is not made
under section 1834(m) due to the conditions for payment
under such section; and
``(II) that are identified for such year as
clinically appropriate to furnish using electronic
information and telecommunications technology when a
physician (as defined in section 1861(r)) or
practitioner (described in section 1842(b)(18)(C))
providing the service is not at the same location as
the plan enrollee.
``(ii) Exclusion of capital and infrastructure costs
and investments.--The term `additional telehealth benefits'
does not include capital and infrastructure costs and
investments relating to such benefits.
``(B) Public comment.--Not later than November 30, 2018,
the Secretary shall solicit comments on--
``(i) what types of items and services (including those
provided through supplemental health care benefits, such as
remote patient monitoring, secure messaging, store and
forward technologies, and other non-face-to-face
communication) should be considered to be additional
telehealth benefits; and
``(ii) the requirements for the provision or furnishing
of such benefits (such as training and coordination
requirements).
``(3) Requirements for additional telehealth benefits.--The
Secretary shall specify requirements for the provision or
furnishing of additional telehealth benefits, including with
respect to the following:
``(A) Physician or practitioner qualifications (other than
licensure) and other requirements such as specific training.
``(B) Factors necessary for the coordination of such
benefits with other items and services including those
furnished in-person.
``(C) Such other areas as determined by the Secretary.
``(4) Enrollee choice.--If an MA plan provides a service as an
additional telehealth benefit (as defined in paragraph (2))--
``(A) the MA plan shall also provide access to such benefit
through an in-person visit (and not only as an additional
telehealth benefit); and
``(B) an individual enrollee shall have discretion as to
whether to receive such service through the in-person visit or
as an additional telehealth benefit.
``(5) Treatment under ma.--For purposes of this subsection and
section 1854, if a plan provides additional telehealth benefits,
such additional telehealth benefits shall be treated as if they
were benefits under the original Medicare fee-for-service program
option.
``(6) Construction.--Nothing in this subsection shall be
construed as affecting the requirement under subsection (a)(1) that
MA plans provide enrollees with items and services (other than
hospice care) for which benefits are available under parts A and B,
including benefits available under section 1834(m).''.
(b) Clarification Regarding Inclusion in Bid Amount.--Section
1854(a)(6)(A)(ii)(I) of the Social Security Act (42 U.S.C. 1395w-
24(a)(6)(A)(ii)(I)) is amended by inserting ``, including, for plan
year 2020 and subsequent plan years, the provision of additional
telehealth benefits as described in section 1852(m)'' before the
semicolon at the end.
SEC. 50324. PROVIDING ACCOUNTABLE CARE ORGANIZATIONS THE ABILITY TO
EXPAND THE USE OF TELEHEALTH.
(a) In General.--Section 1899 of the Social Security Act (42 U.S.C.
1395jjj) is amended by adding at the end the following new subsection:
``(l) Providing ACOs the Ability To Expand the Use of Telehealth
Services.--
``(1) In general.--In the case of telehealth services for which
payment would otherwise be made under this title furnished on or
after January 1, 2020, for purposes of this subsection only, the
following shall apply with respect to such services furnished by a
physician or practitioner participating in an applicable ACO (as
defined in paragraph (2)) to a Medicare fee-for-service beneficiary
assigned to the applicable ACO:
``(A) Inclusion of home as originating site.--Subject to
paragraph (3), the home of a beneficiary shall be treated as an
originating site described in section 1834(m)(4)(C)(ii).
``(B) No application of geographic limitation.--The
geographic limitation under section 1834(m)(4)(C)(i) shall not
apply with respect to an originating site described in section
1834(m)(4)(C)(ii) (including the home of a beneficiary under
subparagraph (A)), subject to State licensing requirements.
``(2) Definitions.--In this subsection:
``(A) Applicable aco.--The term `applicable ACO' means an
ACO participating in a model tested or expanded under section
1115A or under this section--
``(i) that operates under a two-sided model--
``(I) described in section 425.600(a) of title 42,
Code of Federal Regulations; or
``(II) tested or expanded under section 1115A; and
``(ii) for which Medicare fee-for-service beneficiaries
are assigned to the ACO using a prospective assignment
method, as determined appropriate by the Secretary.
``(B) Home.--The term `home' means, with respect to a
Medicare fee-for-service beneficiary, the place of residence
used as the home of the beneficiary.
``(3) Telehealth services received in the home.--In the case of
telehealth services described in paragraph (1) where the home of a
Medicare fee-for-service beneficiary is the originating site, the
following shall apply:
``(A) No facility fee.--There shall be no facility fee paid
to the originating site under section 1834(m)(2)(B).
``(B) Exclusion of certain services.--No payment may be
made for such services that are inappropriate to furnish in the
home setting such as services that are typically furnished in
inpatient settings such as a hospital.''.
(b) Study and Report.--
(1) Study.--
(A) In general.--The Secretary of Health and Human Services
(in this subsection referred to as the ``Secretary'') shall
conduct a study on the implementation of section 1899(l) of the
Social Security Act, as added by subsection (a). Such study
shall include an analysis of the utilization of, and
expenditures for, telehealth services under such section.
(B) Collection of data.--The Secretary may collect such
data as the Secretary determines necessary to carry out the
study under this paragraph.
(2) Report.--Not later than January 1, 2026, the Secretary
shall submit to Congress a report containing the results of the
study conducted under paragraph (1), together with recommendations
for such legislation and administrative action as the Secretary
determines appropriate.
SEC. 50325. EXPANDING THE USE OF TELEHEALTH FOR INDIVIDUALS WITH
STROKE.
Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)), as
amended by section 50302(b)(1), is amended--
(1) in paragraph (4)(C)(i), in the matter preceding subclause
(I), by striking ``The term'' and inserting ``Except as provided in
paragraph (6), the term''; and
(2) by adding at the end the following new paragraph:
``(6) Treatment of stroke telehealth services.--
``(A) Non-application of originating site requirements.--
The requirements described in paragraph (4)(C) shall not apply
with respect to telehealth services furnished on or after
January 1, 2019, for purposes of diagnosis, evaluation, or
treatment of symptoms of an acute stroke, as determined by the
Secretary.
``(B) Inclusion of certain sites.--With respect to
telehealth services described in subparagraph (A), the term
`originating site' shall include any hospital (as defined in
section 1861(e)) or critical access hospital (as defined in
section 1861(mm)(1)), any mobile stroke unit (as defined by the
Secretary), or any other site determined appropriate by the
Secretary, at which the eligible telehealth individual is
located at the time the service is furnished via a
telecommunications system.
``(C) No originating site facility fee for new sites.--No
facility fee shall be paid under paragraph (2)(B) to an
originating site with respect to a telehealth service described
in subparagraph (A) if the originating site does not otherwise
meet the requirements for an originating site under paragraph
(4)(C).''.
Subtitle D--Identifying the Chronically Ill Population
SEC. 50331. PROVIDING FLEXIBILITY FOR BENEFICIARIES TO BE PART OF AN
ACCOUNTABLE CARE ORGANIZATION.
Section 1899(c) of the Social Security Act (42 U.S.C. 1395jjj(c))
is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively, and indenting appropriately;
(2) by striking ``ACOs.--The Secretary'' and inserting
``ACOs.--
``(1) In general.--Subject to paragraph (2), the Secretary'';
and
(3) by adding at the end the following new paragraph:
``(2) Providing flexibility.--
``(A) Choice of prospective assignment.--For each agreement
period (effective for agreements entered into or renewed on or
after January 1, 2020), in the case where an ACO established
under the program is in a Track that provides for the
retrospective assignment of Medicare fee-for-service
beneficiaries to the ACO, the Secretary shall permit the ACO to
choose to have Medicare fee-for-service beneficiaries assigned
prospectively, rather than retrospectively, to the ACO for an
agreement period.
``(B) Assignment based on voluntary identification by
medicare fee-for-service beneficiaries.--
``(i) In general.--For performance year 2018 and each
subsequent performance year, if a system is available for
electronic designation, the Secretary shall permit a
Medicare fee-for-service beneficiary to voluntarily
identify an ACO professional as the primary care provider
of the beneficiary for purposes of assigning such
beneficiary to an ACO, as determined by the Secretary.
``(ii) Notification process.--The Secretary shall
establish a process under which a Medicare fee-for-service
beneficiary is--
``(I) notified of their ability to make an
identification described in clause (i); and
``(II) informed of the process by which they may
make and change such identification.
``(iii) Superseding claims-based assignment.--A
voluntary identification by a Medicare fee-for-service
beneficiary under this subparagraph shall supersede any
claims-based assignment otherwise determined by the
Secretary.''.
Subtitle E--Empowering Individuals and Caregivers in Care Delivery
SEC. 50341. ELIMINATING BARRIERS TO CARE COORDINATION UNDER ACCOUNTABLE
CARE ORGANIZATIONS.
(a) In General.--Section 1899 of the Social Security Act (42 U.S.C.
1395jjj), as amended by section 50324(a), is amended--
(1) in subsection (b)(2), by adding at the end the following
new subparagraph:
``(I) An ACO that seeks to operate an ACO Beneficiary
Incentive Program pursuant to subsection (m) shall apply to the
Secretary at such time, in such manner, and with such
information as the Secretary may require.'';
(2) by adding at the end the following new subsection:
``(m) Authority To Provide Incentive Payments to Beneficiaries With
Respect to Qualifying Primary Care Services.--
``(1) Program.--
``(A) In general.--In order to encourage Medicare fee-for-
service beneficiaries to obtain medically necessary primary
care services, an ACO participating under this section under a
payment model described in clause (i) or (ii) of paragraph
(2)(B) may apply to establish an ACO Beneficiary Incentive
Program to provide incentive payments to such beneficiaries who
are furnished qualifying services in accordance with this
subsection. The Secretary shall permit such an ACO to establish
such a program at the Secretary's discretion and subject to
such requirements, including program integrity requirements, as
the Secretary determines necessary.
``(B) Implementation.--The Secretary shall implement this
subsection on a date determined appropriate by the Secretary.
Such date shall be no earlier than January 1, 2019, and no
later than January 1, 2020.
``(2) Conduct of program.--
``(A) Duration.--Subject to subparagraph (H), an ACO
Beneficiary Incentive Program established under this subsection
shall be conducted for such period (of not less than 1 year) as
the Secretary may approve.
``(B) Scope.--An ACO Beneficiary Incentive Program
established under this subsection shall provide incentive
payments to all of the following Medicare fee-for-service
beneficiaries who are furnished qualifying services by the ACO:
``(i) With respect to the Track 2 and Track 3 payment
models described in section 425.600(a) of title 42, Code of
Federal Regulations (or in any successor regulation),
Medicare fee-for-service beneficiaries who are
preliminarily prospectively or prospectively assigned (or
otherwise assigned, as determined by the Secretary) to the
ACO.
``(ii) With respect to any future payment models
involving two-sided risk, Medicare fee-for-service
beneficiaries who are assigned to the ACO, as determined by
the Secretary.
``(C) Qualifying service.--For purposes of this subsection,
a qualifying service is a primary care service, as defined in
section 425.20 of title 42, Code of Federal Regulations (or in
any successor regulation), with respect to which coinsurance
applies under part B, furnished through an ACO by--
``(i) an ACO professional described in subsection
(h)(1)(A) who has a primary care specialty designation
included in the definition of primary care physician under
section 425.20 of title 42, Code of Federal Regulations (or
any successor regulation);
``(ii) an ACO professional described in subsection
(h)(1)(B); or
``(iii) a Federally qualified health center or rural
health clinic (as such terms are defined in section
1861(aa)).
``(D) Incentive payments.--An incentive payment made by an
ACO pursuant to an ACO Beneficiary Incentive Program
established under this subsection shall be--
``(i) in an amount up to $20, with such maximum amount
updated annually by the percentage increase in the consumer
price index for all urban consumers (United States city
average) for the 12-month period ending with June of the
previous year;
``(ii) in the same amount for each Medicare fee-for-
service beneficiary described in clause (i) or (ii) of
subparagraph (B) without regard to enrollment of such a
beneficiary in a medicare supplemental policy (described in
section 1882(g)(1)), in a State Medicaid plan under title
XIX or a waiver of such a plan, or in any other health
insurance policy or health benefit plan;
``(iii) made for each qualifying service furnished to
such a beneficiary described in clause (i) or (ii) of
subparagraph (B) during a period specified by the
Secretary; and
``(iv) made no later than 30 days after a qualifying
service is furnished to such a beneficiary described in
clause (i) or (ii) of subparagraph (B).
``(E) No separate payments from the secretary.--The
Secretary shall not make any separate payment to an ACO for the
costs, including incentive payments, of carrying out an ACO
Beneficiary Incentive Program established under this
subsection. Nothing in this subparagraph shall be construed as
prohibiting an ACO from using shared savings received under
this section to carry out an ACO Beneficiary Incentive Program.
``(F) No application to shared savings calculation.--
Incentive payments made by an ACO under this subsection shall
be disregarded for purposes of calculating benchmarks,
estimated average per capita Medicare expenditures, and shared
savings under this section.
``(G) Reporting requirements.--An ACO conducting an ACO
Beneficiary Incentive Program under this subsection shall, at
such times and in such format as the Secretary may require,
report to the Secretary such information and retain such
documentation as the Secretary may require, including the
amount and frequency of incentive payments made and the number
of Medicare fee-for-service beneficiaries receiving such
payments.
``(H) Termination.--The Secretary may terminate an ACO
Beneficiary Incentive Program established under this subsection
at any time for reasons determined appropriate by the
Secretary.
``(3) Exclusion of incentive payments.--Any payment made under
an ACO Beneficiary Incentive Program established under this
subsection shall not be considered income or resources or otherwise
taken into account for purposes of--
``(A) determining eligibility for benefits or assistance
(or the amount or extent of benefits or assistance) under any
Federal program or under any State or local program financed in
whole or in part with Federal funds; or
``(B) any Federal or State laws relating to taxation.'';
(3) in subsection (e), by inserting ``, including an ACO
Beneficiary Incentive Program under subsections (b)(2)(I) and (m)''
after ``the program''; and
(4) in subsection (g)(6), by inserting ``or of an ACO
Beneficiary Incentive Program under subsections (b)(2)(I) and (m)''
after ``under subsection (d)(4)''.
(b) Amendment to Section 1128B.--Section 1128B(b)(3) of the Social
Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended--
(1) by striking ``and'' at the end of subparagraph (I);
(2) by striking the period at the end of subparagraph (J) and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(K) an incentive payment made to a Medicare fee-for-
service beneficiary by an ACO under an ACO Beneficiary
Incentive Program established under subsection (m) of section
1899, if the payment is made in accordance with the
requirements of such subsection and meets such other conditions
as the Secretary may establish.''.
(c) Evaluation and Report.--
(1) Evaluation.--The Secretary of Health and Human Services (in
this subsection referred to as the ``Secretary'') shall conduct an
evaluation of the ACO Beneficiary Incentive Program established
under subsections (b)(2)(I) and (m) of section 1899 of the Social
Security Act (42 U.S.C. 1395jjj), as added by subsection (a). The
evaluation shall include an analysis of the impact of the
implementation of the Program on expenditures and beneficiary
health outcomes under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.).
(2) Report.--Not later than October 1, 2023, the Secretary
shall submit to Congress a report containing the results of the
evaluation under paragraph (1), together with recommendations for
such legislation and administrative action as the Secretary
determines appropriate.
SEC. 50342. GAO STUDY AND REPORT ON LONGITUDINAL COMPREHENSIVE CARE
PLANNING SERVICES UNDER MEDICARE PART B.
(a) Study.--The Comptroller General shall conduct a study on the
establishment under part B of the Medicare program under title XVIII of
the Social Security Act of a payment code for a visit for longitudinal
comprehensive care planning services. Such study shall include an
analysis of the following to the extent such information is available:
(1) The frequency with which services similar to longitudinal
comprehensive care planning services are furnished to Medicare
beneficiaries, which providers of services and suppliers are
furnishing those services, whether Medicare reimbursement is being
received for those services, and, if so, through which codes those
services are being reimbursed.
(2) Whether, and the extent to which, longitudinal
comprehensive care planning services would overlap, and could
therefore result in duplicative payment, with services covered
under the hospice benefit as well as the chronic care management
code, evaluation and management codes, or other codes that already
exist under part B of the Medicare program.
(3) Any barriers to hospitals, skilled nursing facilities,
hospice programs, home health agencies, and other applicable
providers working with a Medicare beneficiary to engage in the care
planning process and complete the necessary documentation to
support the treatment and care plan of the beneficiary and provide
such documentation to other providers and the beneficiary or the
beneficiary's representative.
(4) Any barriers to providers, other than the provider
furnishing longitudinal comprehensive care planning services,
accessing the care plan and associated documentation for use
related to the care of the Medicare beneficiary.
(5) Potential options for ensuring that applicable providers
are notified of a patient's existing longitudinal care plan and
that applicable providers consider that plan in making their
treatment decisions, and what the challenges might be in
implementing such options.
(6) Stakeholder's views on the need for the development of
quality metrics with respect to longitudinal comprehensive care
planning services, such as measures related to--
(A) the process of eliciting input from the Medicare
beneficiary or from a legally authorized representative and
documenting in the medical record the patient-directed care
plan;
(B) the effectiveness and patient-centeredness of the care
plan in organizing delivery of services consistent with the
plan;
(C) the availability of the care plan and associated
documentation to other providers that care for the beneficiary;
and
(D) the extent to which the beneficiary received services
and support that is free from discrimination based on advanced
age, disability status, or advanced illness.
(7) Stakeholder's views on how such quality metrics would
provide information on--
(A) the goals, values, and preferences of the beneficiary;
(B) the documentation of the care plan;
(C) services furnished to the beneficiary; and
(D) outcomes of treatment.
(8) Stakeholder's views on--
(A) the type of training and education needed for
applicable providers, individuals, and caregivers in order to
facilitate longitudinal comprehensive care planning services;
(B) the types of providers of services and suppliers that
should be included in the interdisciplinary team of an
applicable provider; and
(C) the characteristics of Medicare beneficiaries that
would be most appropriate to receive longitudinal comprehensive
care planning services, such as individuals with advanced
disease and individuals who need assistance with multiple
activities of daily living.
(9) Stakeholder's views on the frequency with which
longitudinal comprehensive care planning services should be
furnished.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report containing the results of the study conducted under subsection
(a), together with recommendations for such legislation and
administrative action as the Comptroller General determines
appropriate.
(c) Definitions.--In this section:
(1) Applicable provider.--The term ``applicable provider''
means a hospice program (as defined in subsection (dd)(2) of
section 1861 of the Social Security Act (42 U.S.C. 1395ww)) or
other provider of services (as defined in subsection (u) of such
section) or supplier (as defined in subsection (d) of such section)
that--
(A) furnishes longitudinal comprehensive care planning
services through an interdisciplinary team; and
(B) meets such other requirements as the Secretary may
determine to be appropriate.
(2) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(3) Interdisciplinary team.--The term ``interdisciplinary
team'' means a group that--
(A) includes the personnel described in subsection
(dd)(2)(B)(i) of such section 1861;
(B) may include a chaplain, minister, or other clergy; and
(C) may include other direct care personnel.
(4) Longitudinal comprehensive care planning services.--The
term ``longitudinal comprehensive care planning services'' means a
voluntary shared decisionmaking process that is furnished by an
applicable provider through an interdisciplinary team and includes
a conversation with Medicare beneficiaries who have received a
diagnosis of a serious or life-threatening illness. The purpose of
such services is to discuss a longitudinal care plan that addresses
the progression of the disease, treatment options, the goals,
values, and preferences of the beneficiary, and the availability of
other resources and social supports that may reduce the
beneficiary's health risks and promote self-management and shared
decisionmaking.
(5) Secretary.--The term ``Secretary'' means the Secretary of
Health and Human Services.
Subtitle F--Other Policies to Improve Care for the Chronically Ill
SEC. 50351. GAO STUDY AND REPORT ON IMPROVING MEDICATION
SYNCHRONIZATION.
(a) Study.--The Comptroller General of the United States (in this
section referred to as the ``Comptroller General'') shall conduct a
study on the extent to which Medicare prescription drug plans (MA-PD
plans and stand alone prescription drug plans) under part D of title
XVIII of the Social Security Act and private payors use programs that
synchronize pharmacy dispensing so that individuals may receive
multiple prescriptions on the same day to facilitate comprehensive
counseling and promote medication adherence. The study shall include a
analysis of the following:
(1) The extent to which pharmacies have adopted such programs.
(2) The common characteristics of such programs, including how
pharmacies structure counseling sessions under such programs and
the types of payment and other arrangements that Medicare
prescription drug plans and private payors employ under such
programs to support the efforts of pharmacies.
(3) How such programs compare for Medicare prescription drug
plans and private payors.
(4) What is known about how such programs affect patient
medication adherence and overall patient health outcomes, including
if adherence and outcomes vary by patient subpopulations, such as
disease state and socioeconomic status.
(5) What is known about overall patient satisfaction with such
programs and satisfaction with such programs, including within
patient subpopulations, such as disease state and socioeconomic
status.
(6) The extent to which laws and regulations of the Medicare
program support such programs.
(7) Barriers to the use of medication synchronization programs
by Medicare prescription drug plans.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report containing the results of the study under subsection (a),
together with recommendations for such legislation and administrative
action as the Comptroller General determines appropriate.
SEC. 50352. GAO STUDY AND REPORT ON IMPACT OF OBESITY DRUGS ON PATIENT
HEALTH AND SPENDING.
(a) Study.--The Comptroller General of the United States (in this
section referred to as the ``Comptroller General'') shall, to the
extent data are available, conduct a study on the use of prescription
drugs to manage the weight of obese patients and the impact of coverage
of such drugs on patient health and on health care spending. Such study
shall examine the use and impact of these obesity drugs in the non-
Medicare population and for Medicare beneficiaries who have such drugs
covered through an MA-PD plan (as defined in section 1860D-1(a)(3)(C)
of the Social Security Act (42 U.S.C. 1395w-101(a)(3)(C))) as a
supplemental health care benefit. The study shall include an analysis
of the following:
(1) The prevalence of obesity in the Medicare and non-Medicare
population.
(2) The utilization of obesity drugs.
(3) The distribution of Body Mass Index by individuals taking
obesity drugs, to the extent practicable.
(4) What is known about the use of obesity drugs in conjunction
with the receipt of other items or services, such as behavioral
counseling, and how these compare to items and services received by
obese individuals who do not take obesity drugs.
(5) Physician considerations and attitudes related to
prescribing obesity drugs.
(6) The extent to which coverage policies cease or limit
coverage for individuals who fail to receive clinical benefit.
(7) What is known about the extent to which individuals who
take obesity drugs adhere to the prescribed regimen.
(8) What is known about the extent to which individuals who
take obesity drugs maintain weight loss over time.
(9) What is known about the subsequent impact such drugs have
on medical services that are directly related to obesity, including
with respect to subpopulations determined based on the extent of
obesity.
(10) What is known about the spending associated with the care
of individuals who take obesity drugs, compared to the spending
associated with the care of individuals who do not take such drugs.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report containing the results of the study under subsection (a),
together with recommendations for such legislation and administrative
action as the Comptroller General determines appropriate.
SEC. 50353. HHS STUDY AND REPORT ON LONG-TERM RISK FACTORS FOR CHRONIC
CONDITIONS AMONG MEDICARE BENEFICIARIES.
(a) Study.--The Secretary of Health and Human Services (in this
section referred to as the ``Secretary'') shall conduct a study on
long-term cost drivers to the Medicare program, including obesity,
tobacco use, mental health conditions, and other factors that may
contribute to the deterioration of health conditions among individuals
with chronic conditions in the Medicare population. The study shall
include an analysis of any barriers to collecting and analyzing such
information and how to remove any such barriers (including through
legislation and administrative actions).
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
containing the results of the study under subsection (a), together with
recommendations for such legislation and administrative action as the
Secretary determines appropriate. The Secretary shall also post such
report on the Internet website of the Department of Health and Human
Services.
SEC. 50354. PROVIDING PRESCRIPTION DRUG PLANS WITH PARTS A AND B CLAIMS
DATA TO PROMOTE THE APPROPRIATE USE OF MEDICATIONS AND IMPROVE HEALTH
OUTCOMES.
Section 1860D-4(c) of the Social Security Act (42 U.S.C. 1395w-
104(c)) is amended by adding at the end the following new paragraph:
``(6) Providing prescription drug plans with parts a and b
claims data to promote the appropriate use of medications and
improve health outcomes.--
``(A) Process.--Subject to subparagraph (B), the Secretary
shall establish a process under which a PDP sponsor of a
prescription drug plan may submit a request for the Secretary
to provide the sponsor, on a periodic basis and in an
electronic format, beginning in plan year 2020, data described
in subparagraph (D) with respect to enrollees in such plan.
Such data shall be provided without regard to whether such
enrollees are described in clause (ii) of paragraph (2)(A).
``(B) Purposes.--A PDP sponsor may use the data provided to
the sponsor pursuant to subparagraph (A) for any of the
following purposes:
``(i) To optimize therapeutic outcomes through improved
medication use, as such phrase is used in clause (i) of
paragraph (2)(A).
``(ii) To improving care coordination so as to prevent
adverse health outcomes, such as preventable emergency
department visits and hospital readmissions.
``(iii) For any other purpose determined appropriate by
the Secretary.
``(C) Limitations on data use.--A PDP sponsor shall not use
data provided to the sponsor pursuant to subparagraph (A) for
any of the following purposes:
``(i) To inform coverage determinations under this
part.
``(ii) To conduct retroactive reviews of medically
accepted indications determinations.
``(iii) To facilitate enrollment changes to a different
prescription drug plan or an MA-PD plan offered by the same
parent organization.
``(iv) To inform marketing of benefits.
``(v) For any other purpose that the Secretary
determines is necessary to include in order to protect the
identity of individuals entitled to, or enrolled for,
benefits under this title and to protect the security of
personal health information.
``(D) Data described.--The data described in this clause
are standardized extracts (as determined by the Secretary) of
claims data under parts A and B for items and services
furnished under such parts for time periods specified by the
Secretary. Such data shall include data as current as
practicable.''.
TITLE IV--PART B IMPROVEMENT ACT AND OTHER PART B ENHANCEMENTS
Subtitle A--Medicare Part B Improvement Act
SEC. 50401. HOME INFUSION THERAPY SERVICES TEMPORARY TRANSITIONAL
PAYMENT.
(a) In General.--Section 1834(u) of the Social Security Act (42
U.S.C. 1395m(u)) is amended, by adding at the end the following new
paragraph:
``(7) Home infusion therapy services temporary transitional
payment.--
``(A) Temporary transitional payment.--
``(i) In general.--The Secretary shall, in accordance
with the payment methodology described in subparagraph (B)
and subject to the provisions of this paragraph, provide a
home infusion therapy services temporary transitional
payment under this part to an eligible home infusion
supplier (as defined in subparagraph (F)) for items and
services described in subparagraphs (A) and (B) of section
1861(iii)(2)) furnished during the period specified in
clause (ii) by such supplier in coordination with the
furnishing of transitional home infusion drugs (as defined
in clause (iii)).
``(ii) Period specified.--For purposes of clause (i),
the period specified in this clause is the period beginning
on January 1, 2019, and ending on the day before the date
of the implementation of the payment system under paragraph
(1)(A).
``(iii) Transitional home infusion drug defined.--For
purposes of this paragraph, the term `transitional home
infusion drug' has the meaning given to the term `home
infusion drug' under section 1861(iii)(3)(C)), except that
clause (ii) of such section shall not apply if a drug
described in such clause is identified in clauses (i),
(ii), (iii) or (iv) of subparagraph (C) as of the date of
the enactment of this paragraph.
``(B) Payment methodology.--For purposes of this paragraph,
the Secretary shall establish a payment methodology, with
respect to items and services described in subparagraph (A)(i).
Under such payment methodology the Secretary shall--
``(i) create the three payment categories described in
clauses (i), (ii), and (iii) of subparagraph (C);
``(ii) assign drugs to such categories, in accordance
with such clauses;
``(iii) assign appropriate Healthcare Common Procedure
Coding System (HCPCS) codes to each payment category; and
``(iv) establish a single payment amount for each such
payment category, in accordance with subparagraph (D), for
each infusion drug administration calendar day in the
individual's home for drugs assigned to such category.
``(C) Payment categories.--
``(i) Payment category 1.--The Secretary shall create a
payment category 1 and assign to such category drugs which
are covered under the Local Coverage Determination on
External Infusion Pumps (LCD number L33794) and billed with
the following HCPCS codes (as identified as of January 1,
2018, and as subsequently modified by the Secretary):
J0133, J0285, J0287, J0288, J0289, J0895, J1170, J1250,
J1265, J1325, J1455, J1457, J1570, J2175, J2260, J2270,
J2274, J2278, J3010, or J3285.
``(ii) Payment category 2.--The Secretary shall create
a payment category 2 and assign to such category drugs
which are covered under such local coverage determination
and billed with the following HCPCS codes (as identified as
of January 1, 2018, and as subsequently modified by the
Secretary): J1555 JB, J1559 JB, J1561 JB, J1562 JB, J1569
JB, or J1575 JB.
``(iii) Payment category 3.--The Secretary shall create
a payment category 3 and assign to such category drugs
which are covered under such local coverage determination
and billed with the following HCPCS codes (as identified as
of January 1, 2018, and as subsequently modified by the
Secretary): J9000, J9039, J9040, J9065, J9100, J9190,
J9200, J9360, or J9370.
``(iv) Infusion drugs not otherwise included.--With
respect to drugs that are not included in payment category
1, 2, or 3 under clause (i), (ii), or (iii), respectively,
the Secretary shall assign to the most appropriate of such
categories, as determined by the Secretary, drugs which
are--
``(I) covered under such local coverage
determination and billed under HCPCS codes J7799 or
J7999 (as identified as of July 1, 2017, and as
subsequently modified by the Secretary); or
``(II) billed under any code that is implemented
after the date of the enactment of this paragraph and
included in such local coverage determination or
included in subregulatory guidance as a home infusion
drug described in subparagraph (A)(i).
``(D) Payment amounts.--
``(i) In general.--Under the payment methodology, the
Secretary shall pay eligible home infusion suppliers, with
respect to items and services described in subparagraph
(A)(i) furnished during the period described in
subparagraph (A)(ii) by such supplier to an individual, at
amounts equal to the amounts determined under the physician
fee schedule established under section 1848 for services
furnished during the year for codes and units of such codes
described in clauses (ii), (iii), and (iv) with respect to
drugs included in the payment category under subparagraph
(C) specified in the respective clause, determined without
application of the geographic adjustment under subsection
(e) of such section.
``(ii) Payment amount for category 1.--For purposes of
clause (i), the codes and units described in this clause,
with respect to drugs included in payment category 1
described in subparagraph (C)(i), are one unit of HCPCS
code 96365 plus three units of HCPCS code 96366 (as
identified as of January 1, 2018, and as subsequently
modified by the Secretary).
``(iii) Payment amount for category 2.--For purposes of
clause (i), the codes and units described in this clause,
with respect to drugs included in payment category 2
described in subparagraph (C)(i), are one unit of HCPCS
code 96369 plus three units of HCPCS code 96370 (as
identified as of January 1, 2018, and as subsequently
modified by the Secretary).
``(iv) Payment amount for category 3.--For purposes of
clause (i), the codes and units described in this clause,
with respect to drugs included in payment category 3
described in subparagraph (C)(i), are one unit of HCPCS
code 96413 plus three units of HCPCS code 96415 (as
identified as of January 1, 2018, and as subsequently
modified by the Secretary).
``(E) Clarifications.--
``(i) Infusion drug administration day.--For purposes
of this subsection, with respect to the furnishing of
transitional home infusion drugs or home infusion drugs to
an individual by an eligible home infusion supplier or a
qualified home infusion therapy supplier, a reference to
payment to such supplier for an infusion drug
administration calendar day in the individual's home shall
refer to payment only for the date on which professional
services (as described in section 1861(iii)(2)(A)) were
furnished to administer such drugs to such individual. For
purposes of the previous sentence, an infusion drug
administration calendar day shall include all such drugs
administered to such individual on such day.
``(ii) Treatment of multiple drugs administered on same
infusion drug administration day.--In the case that an
eligible home infusion supplier, with respect to an
infusion drug administration calendar day in an
individual's home, furnishes to such individual
transitional home infusion drugs which are not all assigned
to the same payment category under subparagraph (C),
payment to such supplier for such infusion drug
administration calendar day in the individual's home shall
be a single payment equal to the amount of payment under
this paragraph for the drug, among all such drugs so
furnished to such individual during such calendar day, for
which the highest payment would be made under this
paragraph.
``(F) Eligible home infusion suppliers.--In this paragraph,
the term `eligible home infusion supplier' means a supplier
that is enrolled under this part as a pharmacy that provides
external infusion pumps and external infusion pump supplies and
that maintains all pharmacy licensure requirements in the State
in which the applicable infusion drugs are administered.
``(G) Implementation.--Notwithstanding any other provision
of law, the Secretary may implement this paragraph by program
instruction or otherwise.''.
(b) Conforming Amendments.--(1) Section 1842(b)(6)(I) of the Social
Security Act (42 U.S.C. 1395u(b)(6)(I)) is amended by inserting ``or,
in the case of items and services described in clause (i) of section
1834(u)(7)(A) furnished to an individual during the period described in
clause (ii) of such section, payment shall be made to the eligible home
infusion therapy supplier'' after ``payment shall be made to the
qualified home infusion therapy supplier''.
(2) Section 5012(d) of the 21st Century Cures Act is amended by
inserting the following before the period at the end: ``, except that
the amendments made by paragraphs (1) and (2) of subsection (c) shall
apply to items and services furnished on or after January 1, 2019''.
SEC. 50402. ORTHOTIST'S AND PROSTHETIST'S CLINICAL NOTES AS PART OF THE
PATIENT'S MEDICAL RECORD.
Section 1834(h) of the Social Security Act (42 U.S.C. 1395m(h)) is
amended by adding at the end the following new paragraph:
``(5) Documentation created by orthotists and prosthetists.--
For purposes of determining the reasonableness and medical
necessity of orthotics and prosthetics, documentation created by an
orthotist or prosthetist shall be considered part of the
individual's medical record to support documentation created by
eligible professionals described in section 1848(k)(3)(B).''.
SEC. 50403. INDEPENDENT ACCREDITATION FOR DIALYSIS FACILITIES AND
ASSURANCE OF HIGH QUALITY SURVEYS.
(a) Accreditation and Surveys.--
(1) In general.--Section 1865 of the Social Security Act (42
U.S.C. 1395bb) is amended--
(A) in subsection (a)--
(i) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``or the conditions and
requirements under section 1881(b)''; and
(ii) in paragraph (4), by inserting ``(including a
renal dialysis facility)'' after ``facility''; and
(B) by adding at the end the following new subsection:
``(e) With respect to an accreditation body that has received
approval from the Secretary under subsection (a)(3)(A) for
accreditation of provider entities that are required to meet the
conditions and requirements under section 1881(b), in addition to
review and oversight authorities otherwise applicable under this title,
the Secretary shall (as the Secretary determines appropriate) conduct,
with respect to such accreditation body and provider entities, any or
all of the following as frequently as is otherwise required to be
conducted under this title with respect to other accreditation bodies
or other provider entities:
``(1) Validation surveys referred to in subsection (d).
``(2) Accreditation program reviews (as defined in section
488.8(c) of title 42 of the Code of Federal Regulations, or a
successor regulation).
``(3) Performance reviews (as defined in section 488.8(a) of
title 42 of the Code of Federal Regulations, or a successor
regulation).''.
(2) Timing for acceptance of requests from accreditation
organizations.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Health and Human Services shall begin
accepting requests from national accreditation bodies for a finding
described in section 1865(a)(3)(A) of the Social Security Act (42
U.S.C. 1395bb(a)(3)(A)) for purposes of accrediting provider
entities that are required to meet the conditions and requirements
under section 1881(b) of such Act (42 U.S.C. 1395rr(b)).
(b) Requirement for Timing of Surveys of New Dialysis Facilities.--
Section 1881(b)(1) of the Social Security Act (42 U.S.C. 1395rr(b)(1))
is amended by adding at the end the following new sentence: ``Beginning
180 days after the date of the enactment of this sentence, an initial
survey of a provider of services or a renal dialysis facility to
determine if the conditions and requirements under this paragraph are
met shall be initiated not later than 90 days after such date on which
both the provider enrollment form (without regard to whether such form
is submitted prior to or after such date of enactment) has been
determined by the Secretary to be complete and the provider's
enrollment status indicates approval is pending the results of such
survey.''.
SEC. 50404. MODERNIZING THE APPLICATION OF THE STARK RULE UNDER
MEDICARE.
(a) Clarification of the Writing Requirement and Signature
Requirement for Arrangements Pursuant to the Stark Rule.--
(1) Writing requirement.--Section 1877(h)(1) of the Social
Security Act (42 U.S.C. 1395nn(h)(1)) is amended by adding at the
end the following new subparagraph:
``(D) Written requirement clarified.--In the case of any
requirement pursuant to this section for a compensation arrangement
to be in writing, such requirement shall be satisfied by such means
as determined by the Secretary, including by a collection of
documents, including contemporaneous documents evidencing the
course of conduct between the parties involved.''.
(2) Signature requirement.--Section 1877(h)(1) of the Social
Security Act (42 U.S.C. 1395nn(h)(1)), as amended by paragraph (1),
is further amended by adding at the end the following new
subparagraph:
``(E) Special rule for signature requirements.--In the case
of any requirement pursuant to this section for a compensation
arrangement to be in writing and signed by the parties, such
signature requirement shall be met if--
``(i) not later than 90 consecutive calendar days
immediately following the date on which the compensation
arrangement became noncompliant, the parties obtain the
required signatures; and
``(ii) the compensation arrangement otherwise complies
with all criteria of the applicable exception.''.
(b) Indefinite Holdover for Lease Arrangements and Personal
Services Arrangements Pursuant to the Stark Rule.--Section 1877(e) of
the Social Security Act (42 U.S.C. 1395nn(e)) is amended--
(1) in paragraph (1), by adding at the end the following new
subparagraph:
``(C) Holdover lease arrangements.--In the case of a
holdover lease arrangement for the lease of office space or
equipment, which immediately follows a lease arrangement
described in subparagraph (A) for the use of such office space
or subparagraph (B) for the use of such equipment and that
expired after a term of at least 1 year, payments made by the
lessee to the lessor pursuant to such holdover lease
arrangement, if--
``(i) the lease arrangement met the conditions of
subparagraph (A) for the lease of office space or
subparagraph (B) for the use of equipment when the
arrangement expired;
``(ii) the holdover lease arrangement is on the same
terms and conditions as the immediately preceding
arrangement; and
``(iii) the holdover arrangement continues to satisfy
the conditions of subparagraph (A) for the lease of office
space or subparagraph (B) for the use of equipment.''; and
(2) in paragraph (3), by adding at the end the following new
subparagraph:
``(C) Holdover personal service arrangement.--In the case
of a holdover personal service arrangement, which immediately
follows an arrangement described in subparagraph (A) that
expired after a term of at least 1 year, remuneration from an
entity pursuant to such holdover personal service arrangement,
if--
``(i) the personal service arrangement met the
conditions of subparagraph (A) when the arrangement
expired;
``(ii) the holdover personal service arrangement is on
the same terms and conditions as the immediately preceding
arrangement; and
``(iii) the holdover arrangement continues to satisfy
the conditions of subparagraph (A).''.
Subtitle B--Additional Medicare Provisions
SEC. 50411. MAKING PERMANENT THE REMOVAL OF THE RENTAL CAP FOR DURABLE
MEDICAL EQUIPMENT UNDER MEDICARE WITH RESPECT TO SPEECH GENERATING
DEVICES.
Section 1834(a)(2)(A)(iv) of the Social Security Act (42 U.S.C.
1395m(a)(2)(A)(iv)) is amended by striking ``and before October 1,
2018,''.
SEC. 50412. INCREASED CIVIL AND CRIMINAL PENALTIES AND INCREASED
SENTENCES FOR FEDERAL HEALTH CARE PROGRAM FRAUD AND ABUSE.
(a) Increased Civil Money Penalties and Criminal Fines.--
(1) Increased civil money penalties.--Section 1128A of the
Social Security Act (42 U.S.C. 1320a-7a) is amended--
(A) in subsection (a), in the matter following paragraph
(10)--
(i) by striking ``$10,000'' and inserting ``$20,000''
each place it appears;
(ii) by striking ``$15,000'' and inserting ``$30,000'';
and
(iii) by striking ``$50,000'' and inserting
``$100,000'' each place it appears; and
(B) in subsection (b)--
(i) in paragraph (1), in the flush text following
subparagraph (B), by striking ``$2,000'' and inserting
``$5,000'';
(ii) in paragraph (2), by striking ``$2,000'' and
inserting ``$5,000''; and
(iii) in paragraph (3)(A)(i), by striking ``$5,000''
and inserting ``$10,000''.
(2) Increased criminal fines.--Section 1128B of such Act (42
U.S.C. 1320a-7b) is amended--
(A) in subsection (a), in the matter following paragraph
(6)--
(i) by striking ``$25,000'' and inserting ``$100,000'';
and
(ii) by striking ``$10,000'' and inserting ``$20,000'';
(B) in subsection (b)--
(i) in paragraph (1), in the flush text following
subparagraph (B), by striking ``$25,000'' and inserting
``$100,000''; and
(ii) in paragraph (2), in the flush text following
subparagraph (B), by striking ``$25,000'' and inserting
``$100,000'';
(C) in subsection (c), by striking ``$25,000'' and
inserting ``$100,000'';
(D) in subsection (d), in the flush text following
paragraph (2), by striking ``$25,000'' and inserting
``$100,000''; and
(E) in subsection (e), by striking ``$2,000'' and inserting
``$4,000''.
(b) Increased Sentences for Felonies Involving Federal Health Care
Program Fraud and Abuse.--
(1) False statements and representations.--Section 1128B(a) of
the Social Security Act (42 U.S.C. 1320a-7b(a)) is amended, in the
matter following paragraph (6), by striking ``not more than five
years or both, or (ii)'' and inserting ``not more than 10 years or
both, or (ii)''.
(2) Antikickback.--Section 1128B(b) of such Act (42 U.S.C.
1320a-7b(b)) is amended--
(A) in paragraph (1), in the flush text following
subparagraph (B), by striking ``not more than five years'' and
inserting ``not more than 10 years''; and
(B) in paragraph (2), in the flush text following
subparagraph (B), by striking ``not more than five years'' and
inserting ``not more than 10 years''.
(3) False statement or representation with respect to
conditions or operations of facilities.--Section 1128B(c) of such
Act (42 U.S.C. 1320a-7b(c)) is amended by striking ``not more than
five years'' and inserting ``not more than 10 years''.
(4) Excess charges.--Section 1128B(d) of such Act (42 U.S.C.
1320a-7b(d)) is amended, in the flush text following paragraph (2),
by striking ``not more than five years'' and inserting ``not more
than 10 years''.
(c) Effective Date.--The amendments made by this section shall
apply to acts committed after the date of the enactment of this Act.
SEC. 50413. REDUCING THE VOLUME OF FUTURE EHR-RELATED SIGNIFICANT
HARDSHIP REQUESTS.
Section 1848(o)(2)(A) of the Social Security Act (42 U.S.C. 1395w-
4(o)(2)(A)) and section 1886(n)(3)(A) of such Act (42 U.S.C.
1395ww(n)(3)(A)) are each amended in the last sentence by striking ``by
requiring'' and all that follows through ``this paragraph''.
SEC. 50414. STRENGTHENING RULES IN CASE OF COMPETITION FOR DIABETIC
TESTING STRIPS.
(a) Special Rule in Case of Competition for Diabetic Testing
Strips.--
(1) In general.--Paragraph (10) of section 1847(b) of the
Social Security Act (42 U.S.C. 1395w-3(b)) is amended--
(A) in subparagraph (A), by striking the second sentence
and inserting the following new sentence: ``With respect to
bids to furnish such types of products on or after January 1,
2019, the volume for such types of products shall be determined
by the Secretary through the use of multiple sources of data
(from mail order and non-mail order Medicare markets),
including market-based data measuring sales of diabetic testing
strip products that are not exclusively sold by a single
retailer from such markets.''; and
(B) by adding at the end the following new subparagraphs:
``(C) Demonstration of ability to furnish types of diabetic
testing strip products.--With respect to bids to furnish
diabetic testing strip products on or after January 1, 2019, an
entity shall attest to the Secretary that the entity has the
ability to obtain an inventory of the types and quantities of
diabetic testing strip products that will allow the entity to
furnish such products in a manner consistent with its bid and--
``(i) demonstrate to the Secretary, through letters of
intent with manufacturers, wholesalers, or other suppliers,
or other evidence as the Secretary may specify, such
ability; or
``(ii) demonstrate to the Secretary that it made a good
faith attempt to obtain such a letter of intent or such
other evidence.
``(D) Use of unlisted types in calculation of percentage.--
With respect to bids to furnish diabetic testing strip products
on or after January 1, 2019, in determining under subparagraph
(A) whether a bid submitted by an entity under such
subparagraph covers 50 percent (or such higher percentage as
the Secretary may specify) of all types of diabetic testing
strip products, the Secretary may not attribute a percentage to
types of diabetic testing strip products that the Secretary
does not identify by brand, model, and market share volume.
``(E) Adherence to demonstration.--
``(i) In general.--In the case of an entity that is
furnishing diabetic testing strip products on or after
January 1, 2019, under a contract entered into under the
competition conducted pursuant to paragraph (1), the
Secretary shall establish a process to monitor, on an
ongoing basis, the extent to which such entity continues to
cover the product types included in the entity's bid.
``(ii) Termination.--If the Secretary determines that
an entity described in clause (i) fails to maintain in
inventory, or otherwise maintain ready access to (through
requirements, contracts, or otherwise) a type of product
included in the entity's bid, the Secretary may terminate
such contract unless the Secretary finds that the failure
of the entity to maintain inventory of, or ready access to,
the product is the result of the discontinuation of the
product by the product manufacturer, a market-wide shortage
of the product, or the introduction of a newer model or
version of the product in the market involved.''.
(b) Codifying and Expanding Anti-switching Rule.--Section 1847(b)
of the Social Security Act (42 U.S.C. 1395w-3(b)), as amended by
subsection (a)(1), is further amended--
(1) by redesignating paragraph (11) as paragraph (12); and
(2) by inserting after paragraph (10) the following new
paragraph:
``(11) Additional special rules in case of competition for
diabetic testing strips.--
``(A) In general.--With respect to an entity that is
furnishing diabetic testing strip products to individuals under
a contract entered into under the competitive acquisition
program established under this section, the entity shall
furnish to each individual a brand of such products that is
compatible with the home blood glucose monitor selected by the
individual.
``(B) Prohibition on influencing and incentivizing.--An
entity described in subparagraph (A) may not attempt to
influence or incentivize an individual to switch the brand of
glucose monitor or diabetic testing strip product selected by
the individual, including by--
``(i) persuading, pressuring, or advising the
individual to switch; or
``(ii) furnishing information about alternative brands
to the individual where the individual has not requested
such information.
``(C) Provision of information.--
``(i) Standardized information.--Not later than January
1, 2019, the Secretary shall develop and make available to
entities described in subparagraph (A) standardized
information that describes the rights of an individual with
respect to such an entity. The information described in the
preceding sentence shall include information regarding--
``(I) the requirements established under
subparagraphs (A) and (B);
``(II) the right of the individual to purchase
diabetic testing strip products from another mail order
supplier of such products or a retail pharmacy if the
entity is not able to furnish the brand of such product
that is compatible with the home blood glucose monitor
selected by the individual; and
``(III) the right of the individual to return
diabetic testing strip products furnished to the
individual by the entity.
``(ii) Requirement.--With respect to diabetic testing
strip products furnished on or after the date on which the
Secretary develops the standardized information under
clause (i), an entity described in subparagraph (A) may not
communicate directly to an individual until the entity has
verbally provided the individual with such standardized
information.
``(D) Order refills.--With respect to diabetic testing
strip products furnished on or after January 1, 2019, the
Secretary shall require an entity furnishing diabetic testing
strip products to an individual to contact and receive a
request from the individual for such products not more than 14
days prior to dispensing a refill of such products to the
individual.''.
(c) Implementation; Non-application of the Paperwork Reduction
Act.--
(1) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement the
provisions of, and amendments made by, this section by program
instruction or otherwise.
(2) Non-application of the paperwork reduction act.--Chapter 35
of title 44, United States Code (commonly referred to as the
``Paperwork Reduction Act of 1995''), shall not apply to this
section or the amendments made by this section.
TITLE V--OTHER HEALTH EXTENDERS
SEC. 50501. EXTENSION FOR FAMILY-TO-FAMILY HEALTH INFORMATION CENTERS.
Section 501(c) of the Social Security Act (42 U.S.C. 701(c)) is
amended--
(1) in paragraph (1)(A)--
(A) in clause (v), by striking ``and'' at the end;
(B) in clause (vi), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vii) $6,000,000 for each of fiscal years 2018 and 2019.'';
(2) in paragraph (3)(C), by inserting before the period the
following: ``, and with respect to fiscal years 2018 and 2019, such
centers shall also be developed in all territories and at least one
such center shall be developed for Indian tribes''; and
(3) by amending paragraph (5) to read as follows:
``(5) For purposes of this subsection--
``(A) the term `Indian tribe' has the meaning given such term
in section 4 of the Indian Health Care Improvement Act (25 U.S.C.
1603);
``(B) the term `State' means each of the 50 States and the
District of Columbia; and
``(C) the term `territory' means Puerto Rico, Guam, American
Samoa, the Virgin Islands, and the Northern Mariana Islands.''.
SEC. 50502. EXTENSION FOR SEXUAL RISK AVOIDANCE EDUCATION.
(a) In General.--Section 510 of the Social Security Act (42 U.S.C.
710) is amended to read as follows:
``SEC. 510. SEXUAL RISK AVOIDANCE EDUCATION.
``(a) In General.--
``(1) Allotments to states.--For the purpose described in
subsection (b), the Secretary shall, for each of fiscal years 2018
and 2019, allot to each State which has transmitted an application
for the fiscal year under section 505(a) an amount equal to the
product of--
``(A) the amount appropriated pursuant to subsection (e)(1)
for the fiscal year, minus the amount reserved under subsection
(e)(2) for the fiscal year; and
``(B) the proportion that the number of low-income children
in the State bears to the total of such numbers of children for
all the States.
``(2) Other allotments.--
``(A) Other entities.--For the purpose described in
subsection (b), the Secretary shall, for each of fiscal years
2018 and 2019, for any State which has not transmitted an
application for the fiscal year under section 505(a), allot to
one or more entities in the State the amount that would have
been allotted to the State under paragraph (1) if the State had
submitted such an application.
``(B) Process.--The Secretary shall select the recipients
of allotments under subparagraph (A) by means of a competitive
grant process under which--
``(i) not later than 30 days after the deadline for the
State involved to submit an application for the fiscal year
under section 505(a), the Secretary publishes a notice
soliciting grant applications; and
``(ii) not later than 120 days after such deadline, all
such applications must be submitted.
``(b) Purpose.--
``(1) In general.--Except for research under paragraph (5) and
information collection and reporting under paragraph (6), the
purpose of an allotment under subsection (a) to a State (or to
another entity in the State pursuant to subsection (a)(2)) is to
enable the State or other entity to implement education exclusively
on sexual risk avoidance (meaning voluntarily refraining from
sexual activity).
``(2) Required components.--Education on sexual risk avoidance
pursuant to an allotment under this section shall--
``(A) ensure that the unambiguous and primary emphasis and
context for each topic described in paragraph (3) is a message
to youth that normalizes the optimal health behavior of
avoiding nonmarital sexual activity;
``(B) be medically accurate and complete;
``(C) be age-appropriate;
``(D) be based on adolescent learning and developmental
theories for the age group receiving the education; and
``(E) be culturally appropriate, recognizing the
experiences of youth from diverse communities, backgrounds, and
experiences.
``(3) Topics.--Education on sexual risk avoidance pursuant to
an allotment under this section shall address each of the following
topics:
``(A) The holistic individual and societal benefits
associated with personal responsibility, self-regulation, goal
setting, healthy decisionmaking, and a focus on the future.
``(B) The advantage of refraining from nonmarital sexual
activity in order to improve the future prospects and physical
and emotional health of youth.
``(C) The increased likelihood of avoiding poverty when
youth attain self-sufficiency and emotional maturity before
engaging in sexual activity.
``(D) The foundational components of healthy relationships
and their impact on the formation of healthy marriages and safe
and stable families.
``(E) How other youth risk behaviors, such as drug and
alcohol usage, increase the risk for teen sex.
``(F) How to resist and avoid, and receive help regarding,
sexual coercion and dating violence, recognizing that even with
consent teen sex remains a youth risk behavior.
``(4) Contraception.--Education on sexual risk avoidance
pursuant to an allotment under this section shall ensure that--
``(A) any information provided on contraception is
medically accurate and complete and ensures that students
understand that contraception offers physical risk reduction,
but not risk elimination; and
``(B) the education does not include demonstrations,
simulations, or distribution of contraceptive devices.
``(5) Research.--
``(A) In general.--A State or other entity receiving an
allotment pursuant to subsection (a) may use up to 20 percent
of such allotment to build the evidence base for sexual risk
avoidance education by conducting or supporting research.
``(B) Requirements.--Any research conducted or supported
pursuant to subparagraph (A) shall be--
``(i) rigorous;
``(ii) evidence-based; and
``(iii) designed and conducted by independent
researchers who have experience in conducting and
publishing research in peer-reviewed outlets.
``(6) Information collection and reporting.--A State or other
entity receiving an allotment pursuant to subsection (a) shall, as
specified by the Secretary--
``(A) collect information on the programs and activities
funded through the allotment; and
``(B) submit reports to the Secretary on the data from such
programs and activities.
``(c) National Evaluation.--
``(1) In general.--The Secretary shall--
``(A) in consultation with appropriate State and local
agencies, conduct one or more rigorous evaluations of the
education funded through this section and associated data; and
``(B) submit a report to the Congress on the results of
such evaluations, together with a summary of the information
collected pursuant to subsection (b)(6).
``(2) Consultation.--In conducting the evaluations required by
paragraph (1), including the establishment of rigorous evaluation
methodologies, the Secretary shall consult with relevant
stakeholders and evaluation experts.
``(d) Applicability of Certain Provisions.--
``(1) Sections 503, 507, and 508 apply to allotments under
subsection (a) to the same extent and in the same manner as such
sections apply to allotments under section 502(c).
``(2) Sections 505 and 506 apply to allotments under subsection
(a) to the extent determined by the Secretary to be appropriate.
``(e) Definitions.--In this section:
``(1) The term `age-appropriate' means suitable (in terms of
topics, messages, and teaching methods) to the developmental and
social maturity of the particular age or age group of children or
adolescents, based on developing cognitive, emotional, and
behavioral capacity typical for the age or age group.
``(2) The term `medically accurate and complete' means verified
or supported by the weight of research conducted in compliance with
accepted scientific methods and--
``(A) published in peer-reviewed journals, where
applicable; or
``(B) comprising information that leading professional
organizations and agencies with relevant expertise in the field
recognize as accurate, objective, and complete.
``(3) The term `rigorous', with respect to research or
evaluation, means using--
``(A) established scientific methods for measuring the
impact of an intervention or program model in changing behavior
(specifically sexual activity or other sexual risk behaviors),
or reducing pregnancy, among youth; or
``(B) other evidence-based methodologies established by the
Secretary for purposes of this section.
``(4) The term `youth' refers to one or more individuals who
have attained age 10 but not age 20.
``(f) Funding.--
``(1) In general.--To carry out this section, there is
appropriated, out of any money in the Treasury not otherwise
appropriated, $75,000,000 for each of fiscal years 2018 and 2019.
``(2) Reservation.--The Secretary shall reserve, for each of
fiscal years 2018 and 2019, not more than 20 percent of the amount
appropriated pursuant to paragraph (1) for administering the
program under this section, including the conducting of national
evaluations and the provision of technical assistance to the
recipients of allotments.''.
(b) Effective Date.--The amendment made by this section shall take
effect as if enacted on October 1, 2017.
SEC. 50503. EXTENSION FOR PERSONAL RESPONSIBILITY EDUCATION.
(a) In General.--Section 513 of the Social Security Act (42 U.S.C.
713) is amended--
(1) in subsection (a)(1)(A), by striking ``2017'' and inserting
``2019''; and
(2) in subsection (a)(4)--
(A) in subparagraph (A), by striking ``2017'' each place it
appears and inserting ``2019''; and
(B) in subparagraph (B)--
(i) in the subparagraph heading, by striking ``3-year
grants'' and inserting ``Competitive prep grants''; and
(ii) in clause (i), by striking ``solicit applications
to award 3-year grants in each of fiscal years 2012 through
2017'' and inserting ``continue through fiscal year 2019
grants awarded for any of fiscal years 2015 through 2017'';
(3) in subsection (c)(1), by inserting after ``youth with HIV/
AIDS,'' the following: ``victims of human trafficking,''; and
(4) in subsection (f), by striking ``2017'' and inserting
``2019''.
(b) Effective Date.--The amendments made by this section shall take
effect as if enacted on October 1, 2017.
TITLE VI--CHILD AND FAMILY SERVICES AND SUPPORTS EXTENDERS
Subtitle A--Continuing the Maternal, Infant, and Early Childhood Home
Visiting Program
SEC. 50601. CONTINUING EVIDENCE-BASED HOME VISITING PROGRAM.
Section 511(j)(1)(H) of the Social Security Act (42 U.S.C.
711(j)(1)(H)) is amended by striking ``fiscal year 2017'' and inserting
``each of fiscal years 2017 through 2022''.
SEC. 50602. CONTINUING TO DEMONSTRATE RESULTS TO HELP FAMILIES.
(a) Require Service Delivery Models To Demonstrate Improvement in
Applicable Benchmark Areas.--Section 511 of the Social Security Act (42
U.S.C. 711) is amended in each of subsections (d)(1)(A) and (h)(4)(A)
by striking ``each of''.
(b) Demonstration of Improvements in Subsequent Years.--Section
511(d)(1) of such Act (42 U.S.C. 711(d)(1)) is amended by adding at the
end the following:
``(D) Demonstration of improvements in subsequent years.--
``(i) Continued measurement of improvement in
applicable benchmark areas.--The eligible entity, after
demonstrating improvements for eligible families as
specified in subparagraphs (A) and (B), shall continue to
track and report, not later than 30 days after the end of
fiscal year 2020 and every 3 years thereafter, information
demonstrating that the program results in improvements for
the eligible families participating in the program in at
least 4 of the areas specified in subparagraph (A) that the
service delivery model or models selected by the entity are
intended to improve.
``(ii) Corrective action plan.--If the eligible entity
fails to demonstrate improvement in at least 4 of the areas
specified in subparagraph (A), as compared to eligible
families who do not receive services under an early
childhood home visitation program, the entity shall develop
and implement a plan to improve outcomes in each of the
areas specified in subparagraph (A) that the service
delivery model or models selected by the entity are
intended to improve, subject to approval by the Secretary.
The plan shall include provisions for the Secretary to
monitor implementation of the plan and conduct continued
oversight of the program, including through submission by
the entity of regular reports to the Secretary.
``(iii) Technical assistance.--The Secretary shall
provide an eligible entity required to develop and
implement an improvement plan under clause (ii) with
technical assistance to develop and implement the plan. The
Secretary may provide the technical assistance directly or
through grants, contracts, or cooperative agreements.
``(iv) No improvement or failure to submit report.--If
the Secretary determines after a period of time specified
by the Secretary that an eligible entity implementing an
improvement plan under clause (ii) has failed to
demonstrate any improvement in at least 4 of the areas
specified in subparagraph (A), or if the Secretary
determines that an eligible entity has failed to submit the
report required by clause (i), the Secretary shall
terminate the grant made to the entity under this section
and may include any unexpended grant funds in grants made
to nonprofit organizations under subsection (h)(2)(B).''.
(c) Including Information on Applicable Benchmarks in
Application.--Section 511(e)(5) of such Act (42 U.S.C. 711(e)(5)) is
amended by inserting ``that the service delivery model or models
selected by the entity are intended to improve'' before the period at
the end.
SEC. 50603. REVIEWING STATEWIDE NEEDS TO TARGET RESOURCES.
Section 511(b)(1) of the Social Security Act (42 U.S.C. 711(b)(1))
is amended by striking ``Not later than'' and all that follows through
``section 505(a))'' and inserting ``Each State shall, as a condition of
receiving payments from an allotment for the State under section 502,
conduct a statewide needs assessment (which may be separate from but in
coordination with the statewide needs assessment required under section
505(a) and which shall be reviewed and updated by the State not later
than October 1, 2020)''.
SEC. 50604. IMPROVING THE LIKELIHOOD OF SUCCESS IN HIGH-RISK
COMMUNITIES.
Section 511(d)(4)(A) of the Social Security Act (42 U.S.C.
711(d)(4)(A)) is amended by inserting ``, taking into account the
staffing, community resource, and other requirements to operate at
least one approved model of home visiting and demonstrate improvements
for eligible families'' before the period.
SEC. 50605. OPTION TO FUND EVIDENCE-BASED HOME VISITING ON A PAY FOR
OUTCOME BASIS.
(a) In General.--Section 511(c) of the Social Security Act (42
U.S.C. 711(c)) is amended by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively, and by inserting after paragraph
(2) the following:
``(3) Authority to use grant for a pay for outcomes
initiative.--An eligible entity to which a grant is made under
paragraph (1) may use up to 25 percent of the grant for outcomes or
success payments related to a pay for outcomes initiative that will
not result in a reduction of funding for services delivered by the
entity under a childhood home visitation program under this section
while the eligible entity develops or operates such an
initiative.''.
(b) Definition of Pay for Outcomes Initiative.--Section 511(k) of
such Act (42 U.S.C. 711(k)) is amended by adding at the end the
following:
``(4) Pay for outcomes initiative.--The term `pay for outcomes
initiative' means a performance-based grant, contract, cooperative
agreement, or other agreement awarded by a public entity in which a
commitment is made to pay for improved outcomes achieved as a
result of the intervention that result in social benefit and direct
cost savings or cost avoidance to the public sector. Such an
initiative shall include--
``(A) a feasibility study that describes how the proposed
intervention is based on evidence of effectiveness;
``(B) a rigorous, third-party evaluation that uses
experimental or quasi-experimental design or other research
methodologies that allow for the strongest possible causal
inferences to determine whether the initiative has met its
proposed outcomes as a result of the intervention;
``(C) an annual, publicly available report on the progress
of the initiative; and
``(D) a requirement that payments are made to the recipient
of a grant, contract, or cooperative agreement only when agreed
upon outcomes are achieved, except that this requirement shall
not apply with respect to payments to a third party conducting
the evaluation described in subparagraph (B).''.
(c) Extended Availability of Funds.--Section 511(j)(3) of such Act
(42 U.S.C. 711(j)(3)) is amended--
(1) by striking ``(3) Availability.--Funds'' and inserting the
following:
``(3) Availability.--
``(A) In general.--Except as provided in subparagraph (B),
funds''; and
(2) by adding at the end the following:
``(B) Funds for pay for outcomes initiatives.--Funds made
available to an eligible entity under this section for a fiscal
year (or portion of a fiscal year) for a pay for outcomes
initiative shall remain available for expenditure by the
eligible entity for not more than 10 years after the funds are
so made available.''.
SEC. 50606. DATA EXCHANGE STANDARDS FOR IMPROVED INTEROPERABILITY.
(a) In General.--Section 511(h) of the Social Security Act (42
U.S.C. 711(h)) is amended by adding at the end the following:
``(5) Data exchange standards for improved interoperability.--
``(A) Designation and use of data exchange standards.--
``(i) Designation.--The head of the department or
agency responsible for administering a program funded under
this section shall, in consultation with an interagency
work group established by the Office of Management and
Budget and considering State government perspectives,
designate data exchange standards for necessary categories
of information that a State agency operating the program is
required to electronically exchange with another State
agency under applicable Federal law.
``(ii) Data exchange standards must be nonproprietary
and interoperable.--The data exchange standards designated
under clause (i) shall, to the extent practicable, be
nonproprietary and interoperable.
``(iii) Other requirements.--In designating data
exchange standards under this paragraph, the Secretary
shall, to the extent practicable, incorporate--
``(I) interoperable standards developed and
maintained by an international voluntary consensus
standards body, as defined by the Office of Management
and Budget;
``(II) interoperable standards developed and
maintained by intergovernmental partnerships, such as
the National Information Exchange Model; and
``(III) interoperable standards developed and
maintained by Federal entities with authority over
contracting and financial assistance.
``(B) Data exchange standards for federal reporting.--
``(i) Designation.--The head of the department or
agency responsible for administering a program referred to
in this section shall, in consultation with an interagency
work group established by the Office of Management and
Budget, and considering State government perspectives,
designate data exchange standards to govern Federal
reporting and exchange requirements under applicable
Federal law.
``(ii) Requirements.--The data exchange reporting
standards required by clause (i) shall, to the extent
practicable--
``(I) incorporate a widely accepted,
nonproprietary, searchable, computer-readable format;
``(II) be consistent with and implement applicable
accounting principles;
``(III) be implemented in a manner that is cost-
effective and improves program efficiency and
effectiveness; and
``(IV) be capable of being continually upgraded as
necessary.
``(iii) Incorporation of nonproprietary standards.--In
designating data exchange standards under this paragraph,
the Secretary shall, to the extent practicable, incorporate
existing nonproprietary standards, such as the eXtensible
Mark up Language.
``(iv) Rule of construction.--Nothing in this paragraph
shall be construed to require a change to existing data
exchange standards for Federal reporting about a program
referred to in this section, if the head of the department
or agency responsible for administering the program finds
the standards to be effective and efficient.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 2 years after the date of enactment of
this Act.
SEC. 50607. ALLOCATION OF FUNDS.
Section 511(j) of the Social Security Act (42 U.S.C. 711(j)) is
amended by adding at the end the following:
``(4) Allocation of funds.--To the extent that the grant amount
awarded under this section to an eligible entity is determined on
the basis of relative population or poverty considerations, the
Secretary shall make the determination using the most accurate
Federal data available for the eligible entity.''.
Subtitle B--Extension of Health Professions Workforce Demonstration
Projects
SEC. 50611. EXTENSION OF HEALTH WORKFORCE DEMONSTRATION PROJECTS FOR
LOW-INCOME INDIVIDUALS.
Section 2008(c)(1) of the Social Security Act (42 U.S.C.
1397g(c)(1)) is amended by striking ``2017'' and inserting ``2019''.
TITLE VII--FAMILY FIRST PREVENTION SERVICES ACT
Subtitle A--Investing in Prevention and Supporting Families
SEC. 50701. SHORT TITLE.
This subtitle may be cited as the ``Bipartisan Budget Act of
2018''.
SEC. 50702. PURPOSE.
The purpose of this subtitle is to enable States to use Federal
funds available under parts B and E of title IV of the Social Security
Act to provide enhanced support to children and families and prevent
foster care placements through the provision of mental health and
substance abuse prevention and treatment services, in-home parent
skill-based programs, and kinship navigator services.
PART I--PREVENTION ACTIVITIES UNDER TITLE IV-E
SEC. 50711. FOSTER CARE PREVENTION SERVICES AND PROGRAMS.
(a) State Option.--Section 471 of the Social Security Act (42
U.S.C. 671) is amended--
(1) in subsection (a)(1), by striking ``and'' and all that
follows through the semicolon and inserting ``, adoption assistance
in accordance with section 473, and, at the option of the State,
services or programs specified in subsection (e)(1) of this section
for children who are candidates for foster care or who are pregnant
or parenting foster youth and the parents or kin caregivers of the
children, in accordance with the requirements of that
subsection;''; and
(2) by adding at the end the following:
``(e) Prevention and Family Services and Programs.--
``(1) In general.--Subject to the succeeding provisions of this
subsection, the Secretary may make a payment to a State for
providing the following services or programs for a child described
in paragraph (2) and the parents or kin caregivers of the child
when the need of the child, such a parent, or such a caregiver for
the services or programs are directly related to the safety,
permanence, or well-being of the child or to preventing the child
from entering foster care:
``(A) Mental health and substance abuse prevention and
treatment services.--Mental health and substance abuse
prevention and treatment services provided by a qualified
clinician for not more than a 12-month period that begins on
any date described in paragraph (3) with respect to the child.
``(B) In-home parent skill-based programs.--In-home parent
skill-based programs for not more than a 12-month period that
begins on any date described in paragraph (3) with respect to
the child and that include parenting skills training, parent
education, and individual and family counseling.
``(2) Child described.--For purposes of paragraph (1), a child
described in this paragraph is the following:
``(A) A child who is a candidate for foster care (as
defined in section 475(13)) but can remain safely at home or in
a kinship placement with receipt of services or programs
specified in paragraph (1).
``(B) A child in foster care who is a pregnant or parenting
foster youth.
``(3) Date described.--For purposes of paragraph (1), the dates
described in this paragraph are the following:
``(A) The date on which a child is identified in a
prevention plan maintained under paragraph (4) as a child who
is a candidate for foster care (as defined in section 475(13)).
``(B) The date on which a child is identified in a
prevention plan maintained under paragraph (4) as a pregnant or
parenting foster youth in need of services or programs
specified in paragraph (1).
``(4) Requirements related to providing services and
programs.--Services and programs specified in paragraph (1) may be
provided under this subsection only if specified in advance in the
child's prevention plan described in subparagraph (A) and the
requirements in subparagraphs (B) through (E) are met:
``(A) Prevention plan.--The State maintains a written
prevention plan for the child that meets the following
requirements (as applicable):
``(i) Candidates.--In the case of a child who is a
candidate for foster care described in paragraph (2)(A),
the prevention plan shall--
``(I) identify the foster care prevention strategy
for the child so that the child may remain safely at
home, live temporarily with a kin caregiver until
reunification can be safely achieved, or live
permanently with a kin caregiver;
``(II) list the services or programs to be provided
to or on behalf of the child to ensure the success of
that prevention strategy; and
``(III) comply with such other requirements as the
Secretary shall establish.
``(ii) Pregnant or parenting foster youth.--In the case
of a child who is a pregnant or parenting foster youth
described in paragraph (2)(B), the prevention plan shall--
``(I) be included in the child's case plan required
under section 475(1);
``(II) list the services or programs to be provided
to or on behalf of the youth to ensure that the youth
is prepared (in the case of a pregnant foster youth) or
able (in the case of a parenting foster youth) to be a
parent;
``(III) describe the foster care prevention
strategy for any child born to the youth; and
``(IV) comply with such other requirements as the
Secretary shall establish.
``(B) Trauma-informed.--The services or programs to be
provided to or on behalf of a child are provided under an
organizational structure and treatment framework that involves
understanding, recognizing, and responding to the effects of
all types of trauma and in accordance with recognized
principles of a trauma-informed approach and trauma-specific
interventions to address trauma's consequences and facilitate
healing.
``(C) Only services and programs provided in accordance
with promising, supported, or well-supported practices
permitted.--
``(i) In general.--Only State expenditures for services
or programs specified in subparagraph (A) or (B) of
paragraph (1) that are provided in accordance with
practices that meet the requirements specified in clause
(ii) of this subparagraph and that meet the requirements
specified in clause (iii), (iv), or (v), respectively, for
being a promising, supported, or well-supported practice,
shall be eligible for a Federal matching payment under
section 474(a)(6)(A).
``(ii) General practice requirements.--The general
practice requirements specified in this clause are the
following:
``(I) The practice has a book, manual, or other
available writings that specify the components of the
practice protocol and describe how to administer the
practice.
``(II) There is no empirical basis suggesting that,
compared to its likely benefits, the practice
constitutes a risk of harm to those receiving it.
``(III) If multiple outcome studies have been
conducted, the overall weight of evidence supports the
benefits of the practice.
``(IV) Outcome measures are reliable and valid, and
are administrated consistently and accurately across
all those receiving the practice.
``(V) There is no case data suggesting a risk of
harm that was probably caused by the treatment and that
was severe or frequent.
``(iii) Promising practice.--A practice shall be
considered to be a `promising practice' if the practice is
superior to an appropriate comparison practice using
conventional standards of statistical significance (in
terms of demonstrated meaningful improvements in validated
measures of important child and parent outcomes, such as
mental health, substance abuse, and child safety and well-
being), as established by the results or outcomes of at
least one study that--
``(I) was rated by an independent systematic review
for the quality of the study design and execution and
determined to be well-designed and well-executed; and
``(II) utilized some form of control (such as an
untreated group, a placebo group, or a wait list
study).
``(iv) Supported practice.--A practice shall be
considered to be a `supported practice' if--
``(I) the practice is superior to an appropriate
comparison practice using conventional standards of
statistical significance (in terms of demonstrated
meaningful improvements in validated measures of
important child and parent outcomes, such as mental
health, substance abuse, and child safety and well-
being), as established by the results or outcomes of at
least one study that--
``(aa) was rated by an independent systematic
review for the quality of the study design and
execution and determined to be well-designed and
well-executed;
``(bb) was a rigorous random-controlled trial
(or, if not available, a study using a rigorous
quasi-experimental research design); and
``(cc) was carried out in a usual care or
practice setting; and
``(II) the study described in subclause (I)
established that the practice has a sustained effect
(when compared to a control group) for at least 6
months beyond the end of the treatment.
``(v) Well-supported practice.--A practice shall be
considered to be a `well-supported practice' if--
``(I) the practice is superior to an appropriate
comparison practice using conventional standards of
statistical significance (in terms of demonstrated
meaningful improvements in validated measures of
important child and parent outcomes, such as mental
health, substance abuse, and child safety and well-
being), as established by the results or outcomes of at
least two studies that--
``(aa) were rated by an independent systematic
review for the quality of the study design and
execution and determined to be well-designed and
well-executed;
``(bb) were rigorous random-controlled trials
(or, if not available, studies using a rigorous
quasi-experimental research design); and
``(cc) were carried out in a usual care or
practice setting; and
``(II) at least one of the studies described in
subclause (I) established that the practice has a
sustained effect (when compared to a control group) for
at least 1 year beyond the end of treatment.
``(D) Guidance on practices criteria and pre-approved
services and programs.--
``(i) In general.--Not later than October 1, 2018, the
Secretary shall issue guidance to States regarding the
practices criteria required for services or programs to
satisfy the requirements of subparagraph (C). The guidance
shall include a pre-approved list of services and programs
that satisfy the requirements.
``(ii) Updates.--The Secretary shall issue updates to
the guidance required by clause (i) as often as the
Secretary determines necessary.
``(E) Outcome assessment and reporting.--The State shall
collect and report to the Secretary the following information
with respect to each child for whom, or on whose behalf mental
health and substance abuse prevention and treatment services or
in-home parent skill-based programs are provided during a 12-
month period beginning on the date the child is determined by
the State to be a child described in paragraph (2):
``(i) The specific services or programs provided and
the total expenditures for each of the services or
programs.
``(ii) The duration of the services or programs
provided.
``(iii) In the case of a child described in paragraph
(2)(A), the child's placement status at the beginning, and
at the end, of the 1-year period, respectively, and whether
the child entered foster care within 2 years after being
determined a candidate for foster care.
``(5) State plan component.--
``(A) In general.--A State electing to provide services or
programs specified in paragraph (1) shall submit as part of the
State plan required by subsection (a) a prevention services and
programs plan component that meets the requirements of
subparagraph (B).
``(B) Prevention services and programs plan component.--In
order to meet the requirements of this subparagraph, a
prevention services and programs plan component, with respect
to each 5-year period for which the plan component is in
operation in the State, shall include the following:
``(i) How providing services and programs specified in
paragraph (1) is expected to improve specific outcomes for
children and families.
``(ii) How the State will monitor and oversee the
safety of children who receive services and programs
specified in paragraph (1), including through periodic risk
assessments throughout the period in which the services and
programs are provided on behalf of a child and
reexamination of the prevention plan maintained for the
child under paragraph (4) for the provision of the services
or programs if the State determines the risk of the child
entering foster care remains high despite the provision of
the services or programs.
``(iii) With respect to the services and programs
specified in subparagraphs (A) and (B) of paragraph (1),
information on the specific promising, supported, or well-
supported practices the State plans to use to provide the
services or programs, including a description of--
``(I) the services or programs and whether the
practices used are promising, supported, or well-
supported;
``(II) how the State plans to implement the
services or programs, including how implementation of
the services or programs will be continuously monitored
to ensure fidelity to the practice model and to
determine outcomes achieved and how information learned
from the monitoring will be used to refine and improve
practices;
``(III) how the State selected the services or
programs;
``(IV) the target population for the services or
programs; and
``(V) how each service or program provided will be
evaluated through a well-designed and rigorous process,
which may consist of an ongoing, cross-site evaluation
approved by the Secretary.
``(iv) A description of the consultation that the State
agencies responsible for administering the State plans
under this part and part B engage in with other State
agencies responsible for administering health programs,
including mental health and substance abuse prevention and
treatment services, and with other public and private
agencies with experience in administering child and family
services, including community-based organizations, in order
to foster a continuum of care for children described in
paragraph (2) and their parents or kin caregivers.
``(v) A description of how the State shall assess
children and their parents or kin caregivers to determine
eligibility for services or programs specified in paragraph
(1).
``(vi) A description of how the services or programs
specified in paragraph (1) that are provided for or on
behalf of a child and the parents or kin caregivers of the
child will be coordinated with other child and family
services provided to the child and the parents or kin
caregivers of the child under the State plans in effect
under subparts 1 and 2 of part B.
``(vii) Descriptions of steps the State is taking to
support and enhance a competent, skilled, and professional
child welfare workforce to deliver trauma-informed and
evidence-based services, including--
``(I) ensuring that staff is qualified to provide
services or programs that are consistent with the
promising, supported, or well-supported practice models
selected; and
``(II) developing appropriate prevention plans, and
conducting the risk assessments required under clause
(iii).
``(viii) A description of how the State will provide
training and support for caseworkers in assessing what
children and their families need, connecting to the
families served, knowing how to access and deliver the
needed trauma-informed and evidence-based services, and
overseeing and evaluating the continuing appropriateness of
the services.
``(ix) A description of how caseload size and type for
prevention caseworkers will be determined, managed, and
overseen.
``(x) An assurance that the State will report to the
Secretary such information and data as the Secretary may
require with respect to the provision of services and
programs specified in paragraph (1), including information
and data necessary to determine the performance measures
for the State under paragraph (6) and compliance with
paragraph (7).
``(C) Reimbursement for services under the prevention plan
component.--
``(i) Limitation.--Except as provided in subclause
(ii), a State may not receive a Federal payment under this
part for a given promising, supported, or well-supported
practice unless (in accordance with subparagraph
(B)(iii)(V)) the plan includes a well-designed and rigorous
evaluation strategy for that practice.
``(ii) Waiver of limitation.--The Secretary may waive
the requirement for a well-designed and rigorous evaluation
of any well-supported practice if the Secretary deems the
evidence of the effectiveness of the practice to be
compelling and the State meets the continuous quality
improvement requirements included in subparagraph
(B)(iii)(II) with regard to the practice.
``(6) Prevention services measures.--
``(A) Establishment; annual updates.--Beginning with fiscal
year 2021, and annually thereafter, the Secretary shall
establish the following prevention services measures based on
information and data reported by States that elect to provide
services and programs specified in paragraph (1):
``(i) Percentage of candidates for foster care who do
not enter foster care.--The percentage of candidates for
foster care for whom, or on whose behalf, the services or
programs are provided who do not enter foster care,
including those placed with a kin caregiver outside of
foster care, during the 12-month period in which the
services or programs are provided and through the end of
the succeeding 12-month period.
``(ii) Per-child spending.--The total amount of
expenditures made for mental health and substance abuse
prevention and treatment services or in-home parent skill-
based programs, respectively, for, or on behalf of, each
child described in paragraph (2).
``(B) Data.--The Secretary shall establish and annually
update the prevention services measures--
``(i) based on the median State values of the
information reported under each clause of subparagraph (A)
for the 3 then most recent years; and
``(ii) taking into account State differences in the
price levels of consumption goods and services using the
most recent regional price parities published by the Bureau
of Economic Analysis of the Department of Commerce or such
other data as the Secretary determines appropriate.
``(C) Publication of state prevention services measures.--
The Secretary shall annually make available to the public the
prevention services measures of each State.
``(7) Maintenance of effort for state foster care prevention
expenditures.--
``(A) In general.--If a State elects to provide services
and programs specified in paragraph (1) for a fiscal year, the
State foster care prevention expenditures for the fiscal year
shall not be less than the amount of the expenditures for
fiscal year 2014 (or, at the option of a State described in
subparagraph (E), fiscal year 2015 or fiscal year 2016
(whichever the State elects)).
``(B) State foster care prevention expenditures.--The term
`State foster care prevention expenditures' means the
following:
``(i) TANF; iv-b; ssbg.--State expenditures for foster
care prevention services and activities under the State
program funded under part A (including from amounts made
available by the Federal Government), under the State plan
developed under part B (including any such amounts), or
under the Social Services Block Grant Programs under
subtitle A of title XX (including any such amounts).
``(ii) Other state programs.--State expenditures for
foster care prevention services and activities under any
State program that is not described in clause (i) (other
than any State expenditures for foster care prevention
services and activities under the State program under this
part (including under a waiver of the program)).
``(C) State expenditures.--The term `State expenditures'
means all State or local funds that are expended by the State
or a local agency including State or local funds that are
matched or reimbursed by the Federal Government and State or
local funds that are not matched or reimbursed by the Federal
Government.
``(D) Determination of prevention services and
activities.--The Secretary shall require each State that elects
to provide services and programs specified in paragraph (1) to
report the expenditures specified in subparagraph (B) for
fiscal year 2014 and for such fiscal years thereafter as are
necessary to determine whether the State is complying with the
maintenance of effort requirement in subparagraph (A). The
Secretary shall specify the specific services and activities
under each program referred to in subparagraph (B) that are
`prevention services and activities' for purposes of the
reports.
``(E) State described.--For purposes of subparagraph (A), a
State is described in this subparagraph if the population of
children in the State in 2014 was less than 200,000 (as
determined by the United States Census Bureau).
``(8) Prohibition against use of state foster care prevention
expenditures and federal iv-e prevention funds for matching or
expenditure requirement.--A State that elects to provide services
and programs specified in paragraph (1) shall not use any State
foster care prevention expenditures for a fiscal year for the State
share of expenditures under section 474(a)(6) for a fiscal year.
``(9) Administrative costs.--Expenditures described in section
474(a)(6)(B)--
``(A) shall not be eligible for payment under subparagraph
(A), (B), or (E) of section 474(a)(3); and
``(B) shall be eligible for payment under section
474(a)(6)(B) without regard to whether the expenditures are
incurred on behalf of a child who is, or is potentially,
eligible for foster care maintenance payments under this part.
``(10) Application.--
``(A) In general.--The provision of services or programs
under this subsection to or on behalf of a child described in
paragraph (2) shall not be considered to be receipt of aid or
assistance under the State plan under this part for purposes of
eligibility for any other program established under this Act.
``(B) Candidates in kinship care.--A child described in
paragraph (2) for whom such services or programs under this
subsection are provided for more than 6 months while in the
home of a kin caregiver, and who would satisfy the AFDC
eligibility requirement of section 472(a)(3)(A)(ii)(II) but for
residing in the home of the caregiver for more than 6 months,
is deemed to satisfy that requirement for purposes of
determining whether the child is eligible for foster care
maintenance payments under section 472.''.
(b) Definition.--Section 475 of such Act (42 U.S.C. 675) is amended
by adding at the end the following:
``(13) The term `child who is a candidate for foster care'
means, a child who is identified in a prevention plan under section
471(e)(4)(A) as being at imminent risk of entering foster care
(without regard to whether the child would be eligible for foster
care maintenance payments under section 472 or is or would be
eligible for adoption assistance or kinship guardianship assistance
payments under section 473) but who can remain safely in the
child's home or in a kinship placement as long as services or
programs specified in section 471(e)(1) that are necessary to
prevent the entry of the child into foster care are provided. The
term includes a child whose adoption or guardianship arrangement is
at risk of a disruption or dissolution that would result in a
foster care placement.''.
(c) Payments Under Title IV-E.--Section 474(a) of such Act (42
U.S.C. 674(a)) is amended--
(1) in paragraph (5), by striking the period at the end and
inserting ``; plus''; and
(2) by adding at the end the following:
``(6) subject to section 471(e)--
``(A) for each quarter--
``(i) subject to clause (ii)--
``(I) beginning after September 30, 2019, and
before October 1, 2026, an amount equal to 50 percent
of the total amount expended during the quarter for the
provision of services or programs specified in
subparagraph (A) or (B) of section 471(e)(1) that are
provided in accordance with promising, supported, or
well-supported practices that meet the applicable
criteria specified for the practices in section
471(e)(4)(C); and
``(II) beginning after September 30, 2026, an
amount equal to the Federal medical assistance
percentage (which shall be as defined in section
1905(b), in the case of a State other than the District
of Columbia, or 70 percent, in the case of the District
of Columbia) of the total amount expended during the
quarter for the provision of services or programs
specified in subparagraph (A) or (B) of section
471(e)(1) that are provided in accordance with
promising, supported, or well-supported practices that
meet the applicable criteria specified for the
practices in section 471(e)(4)(C) (or, with respect to
the payments made during the quarter under a
cooperative agreement or contract entered into by the
State and an Indian tribe, tribal organization, or
tribal consortium for the administration or payment of
funds under this part, an amount equal to the Federal
medical assistance percentage that would apply under
section 479B(d) (in this paragraph referred to as the
`tribal FMAP') if the Indian tribe, tribal
organization, or tribal consortium made the payments
under a program operated under that section, unless the
tribal FMAP is less than the Federal medical assistance
percentage that applies to the State); except that
``(ii) not less than 50 percent of the total amount
expended by a State under clause (i) for a fiscal year
shall be for the provision of services or programs
specified in subparagraph (A) or (B) of section 471(e)(1)
that are provided in accordance with well-supported
practices; plus
``(B) for each quarter specified in subparagraph (A), an
amount equal to the sum of the following proportions of the
total amount expended during the quarter--
``(i) 50 percent of so much of the expenditures as are
found necessary by the Secretary for the proper and
efficient administration of the State plan for the
provision of services or programs specified in section
471(e)(1), including expenditures for activities approved
by the Secretary that promote the development of necessary
processes and procedures to establish and implement the
provision of the services and programs for individuals who
are eligible for the services and programs and expenditures
attributable to data collection and reporting; and
``(ii) 50 percent of so much of the expenditures with
respect to the provision of services and programs specified
in section 471(e)(1) as are for training of personnel
employed or preparing for employment by the State agency or
by the local agency administering the plan in the political
subdivision and of the members of the staff of State-
licensed or State-approved child welfare agencies providing
services to children described in section 471(e)(2) and
their parents or kin caregivers, including on how to
determine who are individuals eligible for the services or
programs, how to identify and provide appropriate services
and programs, and how to oversee and evaluate the ongoing
appropriateness of the services and programs.''.
(d) Technical Assistance and Best Practices, Clearinghouse, and
Data Collection and Evaluations.--Section 476 of such Act (42 U.S.C.
676) is amended by adding at the end the following:
``(d) Technical Assistance and Best Practices, Clearinghouse, Data
Collection, and Evaluations Relating to Prevention Services and
Programs.--
``(1) Technical assistance and best practices.--The Secretary
shall provide to States and, as applicable, to Indian tribes,
tribal organizations, and tribal consortia, technical assistance
regarding the provision of services and programs described in
section 471(e)(1) and shall disseminate best practices with respect
to the provision of the services and programs, including how to
plan and implement a well-designed and rigorous evaluation of a
promising, supported, or well-supported practice.
``(2) Clearinghouse of promising, supported, and well-supported
practices.--The Secretary shall, directly or through grants,
contracts, or interagency agreements, evaluate research on the
practices specified in clauses (iii), (iv), and (v), respectively,
of section 471(e)(4)(C), and programs that meet the requirements
described in section 427(a)(1), including culturally specific, or
location- or population-based adaptations of the practices, to
identify and establish a public clearinghouse of the practices that
satisfy each category described by such clauses. In addition, the
clearinghouse shall include information on the specific outcomes
associated with each practice, including whether the practice has
been shown to prevent child abuse and neglect and reduce the
likelihood of foster care placement by supporting birth families
and kinship families and improving targeted supports for pregnant
and parenting youth and their children.
``(3) Data collection and evaluations.--The Secretary, directly
or through grants, contracts, or interagency agreements, may
collect data and conduct evaluations with respect to the provision
of services and programs described in section 471(e)(1) for
purposes of assessing the extent to which the provision of the
services and programs--
``(A) reduces the likelihood of foster care placement;
``(B) increases use of kinship care arrangements; or
``(C) improves child well-being.
``(4) Reports to congress.--
``(A) In general.--The Secretary shall submit to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives periodic reports
based on the provision of services and programs described in
section 471(e)(1) and the activities carried out under this
subsection.
``(B) Public availability.--The Secretary shall make the
reports to Congress submitted under this paragraph publicly
available.
``(5) Appropriation.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are appropriated to
the Secretary $1,000,000 for fiscal year 2018 and each fiscal year
thereafter to carry out this subsection.''.
(e) Application to Programs Operated by Indian Tribal
Organizations.--
(1) In general.--Section 479B of such Act (42 U.S.C. 679c) is
amended--
(A) in subsection (c)(1)--
(i) in subparagraph (C)(i)--
(I) in subclause (II), by striking ``and'' after
the semicolon;
(II) in subclause (III), by striking the period at
the end and inserting ``; and''; and
(III) by adding at the end the following:
``(IV) at the option of the tribe, organization, or
consortium, services and programs specified in section
471(e)(1) to children described in section 471(e)(2)
and their parents or kin caregivers, in accordance with
section 471(e) and subparagraph (E).''; and
(ii) by adding at the end the following:
``(E) Prevention services and programs for children and
their parents and kin caregivers.--
``(i) In general.--In the case of a tribe,
organization, or consortium that elects to provide services
and programs specified in section 471(e)(1) to children
described in section 471(e)(2) and their parents or kin
caregivers under the plan, the Secretary shall specify the
requirements applicable to the provision of the services
and programs. The requirements shall, to the greatest
extent practicable, be consistent with the requirements
applicable to States under section 471(e) and shall permit
the provision of the services and programs in the form of
services and programs that are adapted to the culture and
context of the tribal communities served.
``(ii) Performance measures.--The Secretary shall
establish specific performance measures for each tribe,
organization, or consortium that elects to provide services
and programs specified in section 471(e)(1). The
performance measures shall, to the greatest extent
practicable, be consistent with the prevention services
measures required for States under section 471(e)(6) but
shall allow for consideration of factors unique to the
provision of the services by tribes, organizations, or
consortia.''; and
(B) in subsection (d)(1), by striking ``and (5)'' and
inserting ``(5), and (6)(A)''.
(2) Conforming amendment.--The heading for subsection (d) of
section 479B of such Act (42 U.S.C. 679c) is amended by striking
``for Foster Care Maintenance and Adoption Assistance Payments''.
(f) Application to Programs Operated by Territories.--Section
1108(a)(2) of the Social Security Act (42 U.S.C. 1308(a)(2)) is amended
by striking ``or 413(f)'' and inserting ``413(f), or 474(a)(6)''.
SEC. 50712. FOSTER CARE MAINTENANCE PAYMENTS FOR CHILDREN WITH PARENTS
IN A LICENSED RESIDENTIAL FAMILY-BASED TREATMENT FACILITY FOR SUBSTANCE
ABUSE.
(a) In General.--Section 472 of the Social Security Act (42 U.S.C.
672) is amended--
(1) in subsection (a)(2)(C), by striking ``or'' and inserting
``, with a parent residing in a licensed residential family-based
treatment facility, but only to the extent permitted under
subsection (j), or in a''; and
(2) by adding at the end the following:
``(j) Children Placed With a Parent Residing in a Licensed
Residential Family-Based Treatment Facility for Substance Abuse.--
``(1) In general.--Notwithstanding the preceding provisions of
this section, a child who is eligible for foster care maintenance
payments under this section, or who would be eligible for the
payments if the eligibility were determined without regard to
paragraphs (1)(B) and (3) of subsection (a), shall be eligible for
the payments for a period of not more than 12 months during which
the child is placed with a parent who is in a licensed residential
family-based treatment facility for substance abuse, but only if--
``(A) the recommendation for the placement is specified in
the child's case plan before the placement;
``(B) the treatment facility provides, as part of the
treatment for substance abuse, parenting skills training,
parent education, and individual and family counseling; and
``(C) the substance abuse treatment, parenting skills
training, parent education, and individual and family
counseling is provided under an organizational structure and
treatment framework that involves understanding, recognizing,
and responding to the effects of all types of trauma and in
accordance with recognized principles of a trauma-informed
approach and trauma-specific interventions to address the
consequences of trauma and facilitate healing.
``(2) Application.--With respect to children for whom foster
care maintenance payments are made under paragraph (1), only the
children who satisfy the requirements of paragraphs (1)(B) and (3)
of subsection (a) shall be considered to be children with respect
to whom foster care maintenance payments are made under this
section for purposes of subsection (h) or section 473(b)(3)(B).''.
(b) Conforming Amendment.--Section 474(a)(1) of such Act (42 U.S.C.
674(a)(1)) is amended by inserting ``subject to section 472(j),''
before ``an amount equal to the Federal'' the first place it appears.
SEC. 50713. TITLE IV-E PAYMENTS FOR EVIDENCE-BASED KINSHIP NAVIGATOR
PROGRAMS.
Section 474(a) of the Social Security Act (42 U.S.C. 674(a)), as
amended by section 50711(c), is amended--
(1) in paragraph (6), by striking the period at the end and
inserting ``; plus''; and
(2) by adding at the end the following:
``(7) an amount equal to 50 percent of the amounts expended by
the State during the quarter as the Secretary determines are for
kinship navigator programs that meet the requirements described in
section 427(a)(1) and that the Secretary determines are operated in
accordance with promising, supported, or well-supported practices
that meet the applicable criteria specified for the practices in
section 471(e)(4)(C), without regard to whether the expenditures
are incurred on behalf of children who are, or are potentially,
eligible for foster care maintenance payments under this part.''.
PART II--ENHANCED SUPPORT UNDER TITLE IV-B
SEC. 50721. ELIMINATION OF TIME LIMIT FOR FAMILY REUNIFICATION SERVICES
WHILE IN FOSTER CARE AND PERMITTING TIME-LIMITED FAMILY REUNIFICATION
SERVICES WHEN A CHILD RETURNS HOME FROM FOSTER CARE.
(a) In General.--Section 431(a)(7) of the Social Security Act (42
U.S.C. 629a(a)(7)) is amended--
(1) in the paragraph heading, by striking ``Time-limited
family'' and inserting ``Family''; and
(2) in subparagraph (A)--
(A) by striking ``time-limited family'' and inserting
``family'';
(B) by inserting ``or a child who has been returned home''
after ``child care institution''; and
(C) by striking ``, but only during the 15-month period
that begins on the date that the child, pursuant to section
475(5)(F), is considered to have entered foster care'' and
inserting ``and to ensure the strength and stability of the
reunification. In the case of a child who has been returned
home, the services and activities shall only be provided during
the 15-month period that begins on the date that the child
returns home''.
(b) Conforming Amendments.--
(1) Section 430 of such Act (42 U.S.C. 629) is amended in the
matter preceding paragraph (1), by striking ``time-limited''.
(2) Subsections (a)(4), (a)(5)(A), and (b)(1) of section 432 of
such Act (42 U.S.C. 629b) are amended by striking ``time-limited''
each place it appears.
SEC. 50722. REDUCING BUREAUCRACY AND UNNECESSARY DELAYS WHEN PLACING
CHILDREN IN HOMES ACROSS STATE LINES.
(a) State Plan Requirement.--Section 471(a)(25) of the Social
Security Act (42 U.S.C. 671(a)(25)) is amended--
(1) by striking ``provide'' and inserting ``provides''; and
(2) by inserting ``, which, in the case of a State other than
the Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, or American Samoa, not later than October 1, 2027, shall
include the use of an electronic interstate case-processing
system'' before the first semicolon.
(b) Exemption of Indian Tribes.--Section 479B(c) of such Act (42
U.S.C. 679c(c)) is amended by adding at the end the following:
``(4) Inapplicability of state plan requirement to have in
effect procedures providing for the use of an electronic interstate
case-processing system.--The requirement in section 471(a)(25) that
a State plan provide that the State shall have in effect procedures
providing for the use of an electronic interstate case-processing
system shall not apply to an Indian tribe, tribal organization, or
tribal consortium that elects to operate a program under this
part.''.
(c) Funding for the Development of an Electronic Interstate Case-
processing System to Expedite the Interstate Placement of Children in
Foster Care or Guardianship, or for Adoption.--Section 437 of such Act
(42 U.S.C. 629g) is amended by adding at the end the following:
``(g) Funding for the Development of an Electronic Interstate Case-
processing System to Expedite the Interstate Placement of Children in
Foster Care or Guardianship, or for Adoption.--
``(1) Purpose.--The purpose of this subsection is to facilitate
the development of an electronic interstate case-processing system
for the exchange of data and documents to expedite the placements
of children in foster, guardianship, or adoptive homes across State
lines.
``(2) Requirements.--A State that seeks funding under this
subsection shall submit to the Secretary the following:
``(A) A description of the goals and outcomes to be
achieved, which goals and outcomes must result in--
``(i) reducing the time it takes for a child to be
provided with a safe and appropriate permanent living
arrangement across State lines;
``(ii) improving administrative processes and reducing
costs in the foster care system; and
``(iii) the secure exchange of relevant case files and
other necessary materials in real time, and timely
communications and placement decisions regarding interstate
placements of children.
``(B) A description of the activities to be funded in whole
or in part with the funds, including the sequencing of the
activities.
``(C) A description of the strategies for integrating
programs and services for children who are placed across State
lines.
``(D) Such other information as the Secretary may require.
``(3) Funding authority.--The Secretary may provide funds to a
State that complies with paragraph (2). In providing funds under
this subsection, the Secretary shall prioritize States that are not
yet connected with the electronic interstate case-processing system
referred to in paragraph (1).
``(4) Use of funds.--A State to which funding is provided under
this subsection shall use the funding to support the State in
connecting with, or enhancing or expediting services provided
under, the electronic interstate case-processing system referred to
in paragraph (1).
``(5) Evaluations.--Not later than 1 year after the final year
in which funds are awarded under this subsection, the Secretary
shall submit to the Congress, and make available to the general
public by posting on a website, a report that contains the
following information:
``(A) How using the electronic interstate case-processing
system developed pursuant to paragraph (4) has changed the time
it takes for children to be placed across State lines.
``(B) The number of cases subject to the Interstate Compact
on the Placement of Children that were processed through the
electronic interstate case-processing system, and the number of
interstate child placement cases that were processed outside
the electronic interstate case-processing system, by each State
in each year.
``(C) The progress made by States in implementing the
electronic interstate case-processing system.
``(D) How using the electronic interstate case-processing
system has affected various metrics related to child safety and
well-being, including the time it takes for children to be
placed across State lines.
``(E) How using the electronic interstate case-processing
system has affected administrative costs and caseworker time
spent on placing children across State lines.
``(6) Data integration.--The Secretary, in consultation with
the Secretariat for the Interstate Compact on the Placement of
Children and the States, shall assess how the electronic interstate
case-processing system developed pursuant to paragraph (4) could be
used to better serve and protect children that come to the
attention of the child welfare system, by--
``(A) connecting the system with other data systems (such
as systems operated by State law enforcement and judicial
agencies, systems operated by the Federal Bureau of
Investigation for the purposes of the Innocence Lost National
Initiative, and other systems);
``(B) simplifying and improving reporting related to
paragraphs (34) and (35) of section 471(a) regarding children
or youth who have been identified as being a sex trafficking
victim or children missing from foster care; and
``(C) improving the ability of States to quickly comply
with background check requirements of section 471(a)(20),
including checks of child abuse and neglect registries as
required by section 471(a)(20)(B).''.
(d) Reservation of Funds To Improve the Interstate Placement of
Children.--Section 437(b) of such Act (42 U.S.C. 629g(b)) is amended by
adding at the end the following:
``(4) Improving the interstate placement of children.--The
Secretary shall reserve $5,000,000 of the amount made available for
fiscal year 2018 for grants under subsection (g), and the amount so
reserved shall remain available through fiscal year 2022.''.
SEC. 50723. ENHANCEMENTS TO GRANTS TO IMPROVE WELL-BEING OF FAMILIES
AFFECTED BY SUBSTANCE ABUSE.
Section 437(f) of the Social Security Act (42 U.S.C. 629g(f)) is
amended--
(1) in the subsection heading, by striking ``Increase the Well-
Being of, and To Improve the Permanency Outcomes for, Children
Affected by'' and inserting ``Implement IV-E Prevention Services,
and Improve the Well-Being of, and Improve Permanency Outcomes for,
Children and Families Affected by Heroin, Opioids, and Other'';
(2) by striking paragraph (2) and inserting the following:
``(2) Regional partnership defined.--In this subsection, the
term `regional partnership' means a collaborative agreement (which
may be established on an interstate, State, or intrastate basis)
entered into by the following:
``(A) Mandatory partners for all partnership grants.--
``(i) The State child welfare agency that is
responsible for the administration of the State plan under
this part and part E.
``(ii) The State agency responsible for administering
the substance abuse prevention and treatment block grant
provided under subpart II of part B of title XIX of the
Public Health Service Act.
``(B) Mandatory partners for partnership grants proposing
to serve children in out-of-home placements.--If the
partnership proposes to serve children in out-of-home
placements, the Juvenile Court or Administrative Office of the
Court that is most appropriate to oversee the administration of
court programs in the region to address the population of
families who come to the attention of the court due to child
abuse or neglect.
``(C) Optional partners.--At the option of the partnership,
any of the following:
``(i) An Indian tribe or tribal consortium.
``(ii) Nonprofit child welfare service providers.
``(iii) For-profit child welfare service providers.
``(iv) Community health service providers, including
substance abuse treatment providers.
``(v) Community mental health providers.
``(vi) Local law enforcement agencies.
``(vii) School personnel.
``(viii) Tribal child welfare agencies (or a consortia
of the agencies).
``(ix) Any other providers, agencies, personnel,
officials, or entities that are related to the provision of
child and family services under a State plan approved under
this subpart.
``(D) Exception for regional partnerships where the lead
applicant is an indian tribe or tribal consortia.--If an Indian
tribe or tribal consortium enters into a regional partnership
for purposes of this subsection, the Indian tribe or tribal
consortium--
``(i) may (but is not required to) include the State
child welfare agency as a partner in the collaborative
agreement;
``(ii) may not enter into a collaborative agreement
only with tribal child welfare agencies (or a consortium of
the agencies); and
``(iii) if the condition described in paragraph (2)(B)
applies, may include tribal court organizations in lieu of
other judicial partners.'';
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``2012 through 2016'' and inserting
``2017 through 2021''; and
(ii) by striking ``$500,000 and not more than
$1,000,000'' and inserting ``$250,000 and not more than
$1,000,000'';
(B) in subparagraph (B)--
(i) in the subparagraph heading, by inserting ``;
planning'' after ``approval'';
(ii) in clause (i), by striking ``clause (ii)'' and
inserting ``clauses (ii) and (iii)''; and
(iii) by adding at the end the following:
``(iii) Sufficient planning.--A grant awarded under
this subsection shall be disbursed in two phases: a
planning phase (not to exceed 2 years) and an
implementation phase. The total disbursement to a grantee
for the planning phase may not exceed $250,000, and may not
exceed the total anticipated funding for the implementation
phase.''; and
(C) by adding at the end the following:
``(D) Limitation on payment for a fiscal year.--No payment
shall be made under subparagraph (A) or (C) for a fiscal year
until the Secretary determines that the eligible partnership
has made sufficient progress in meeting the goals of the grant
and that the members of the eligible partnership are
coordinating to a reasonable degree with the other members of
the eligible partnership.'';
(4) in paragraph (4)--
(A) in subparagraph (B)--
(i) in clause (i), by inserting ``, parents, and
families'' after ``children'';
(ii) in clause (ii), by striking ``safety and
permanence for such children; and'' and inserting ``safe,
permanent caregiving relationships for the children;'';
(iii) in clause (iii), by striking ``or'' and inserting
``increase reunification rates for children who have been
placed in out-of-home care, or decrease''; and
(iv) by redesignating clause (iii) as clause (v) and
inserting after clause (ii) the following:
``(iii) improve the substance abuse treatment outcomes
for parents including retention in treatment and successful
completion of treatment;
``(iv) facilitate the implementation, delivery, and
effectiveness of prevention services and programs under
section 471(e); and'';
(B) in subparagraph (D), by striking ``where
appropriate,''; and
(C) by striking subparagraphs (E) and (F) and inserting the
following:
``(E) A description of a plan for sustaining the services
provided by or activities funded under the grant after the
conclusion of the grant period, including through the use of
prevention services and programs under section 471(e) and other
funds provided to the State for child welfare and substance
abuse prevention and treatment services.
``(F) Additional information needed by the Secretary to
determine that the proposed activities and implementation will
be consistent with research or evaluations showing which
practices and approaches are most effective.'';
(5) in paragraph (5)(A), by striking ``abuse treatment'' and
inserting ``use disorder treatment including medication assisted
treatment and in-home substance abuse disorder treatment and
recovery'';
(6) in paragraph (7)--
(A) by striking ``and'' at the end of subparagraph (C); and
(B) by redesignating subparagraph (D) as subparagraph (E)
and inserting after subparagraph (C) the following:
``(D) demonstrate a track record of successful
collaboration among child welfare, substance abuse disorder
treatment and mental health agencies; and'';
(7) in paragraph (8)--
(A) in subparagraph (A)--
(i) by striking ``establish indicators that will be''
and inserting ``review indicators that are''; and
(ii) by striking ``in using funds made available under
such grants to achieve the purpose of this subsection'' and
inserting ``and establish a set of core indicators related
to child safety, parental recovery, parenting capacity, and
family well-being. In developing the core indicators, to
the extent possible, indicators shall be made consistent
with the outcome measures described in section 471(e)(6)'';
and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by inserting
``base the performance measures on lessons learned from
prior rounds of regional partnership grants under this
subsection, and'' before ``consult''; and
(ii) by striking clauses (iii) and (iv) and inserting
the following:
``(iii) Other stakeholders or constituencies as
determined by the Secretary.'';
(8) in paragraph (9)(A), by striking clause (i) and inserting
the following:
``(i) Semiannual reports.--Not later than September 30
of each fiscal year in which a recipient of a grant under
this subsection is paid funds under the grant, and every 6
months thereafter, the grant recipient shall submit to the
Secretary a report on the services provided and activities
carried out during the reporting period, progress made in
achieving the goals of the program, the number of children,
adults, and families receiving services, and such
additional information as the Secretary determines is
necessary. The report due not later than September 30 of
the last such fiscal year shall include, at a minimum, data
on each of the performance indicators included in the
evaluation of the regional partnership.''; and
(9) in paragraph (10), by striking ``2012 through 2016'' and
inserting ``2017 through 2021''.
PART III--MISCELLANEOUS
SEC. 50731. REVIEWING AND IMPROVING LICENSING STANDARDS FOR PLACEMENT
IN A RELATIVE FOSTER FAMILY HOME.
(a) Identification of Reputable Model Licensing Standards.--Not
later than October 1, 2018, the Secretary of Health and Human Services
shall identify reputable model licensing standards with respect to the
licensing of foster family homes (as defined in section 472(c)(1) of
the Social Security Act).
(b) State Plan Requirement.--Section 471(a) of the Social Security
Act (42 U.S.C. 671(a)) is amended--
(1) in paragraph (34)(B), by striking ``and'' after the
semicolon;
(2) in paragraph (35)(B), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(36) provides that, not later than April 1, 2019, the State
shall submit to the Secretary information addressing--
``(A) whether the State licensing standards are in accord
with model standards identified by the Secretary, and if not,
the reason for the specific deviation and a description as to
why having a standard that is reasonably in accord with the
corresponding national model standards is not appropriate for
the State;
``(B) whether the State has elected to waive standards
established in 471(a)(10)(A) for relative foster family homes
(pursuant to waiver authority provided by 471(a)(10)(D)), a
description of which standards the State most commonly waives,
and if the State has not elected to waive the standards, the
reason for not waiving these standards;
``(C) if the State has elected to waive standards specified
in subparagraph (B), how caseworkers are trained to use the
waiver authority and whether the State has developed a process
or provided tools to assist caseworkers in waiving nonsafety
standards per the authority provided in 471(a)(10)(D) to
quickly place children with relatives; and
``(D) a description of the steps the State is taking to
improve caseworker training or the process, if any; and''.
SEC. 50732. DEVELOPMENT OF A STATEWIDE PLAN TO PREVENT CHILD ABUSE AND
NEGLECT FATALITIES.
Section 422(b)(19) of the Social Security Act (42 U.S.C.
622(b)(19)) is amended to read as follows:
``(19) document steps taken to track and prevent child
maltreatment deaths by including--
``(A) a description of the steps the State is taking to
compile complete and accurate information on the deaths
required by Federal law to be reported by the State agency
referred to in paragraph (1), including gathering relevant
information on the deaths from the relevant organizations in
the State including entities such as State vital statistics
department, child death review teams, law enforcement agencies,
offices of medical examiners, or coroners; and
``(B) a description of the steps the State is taking to
develop and implement a comprehensive, statewide plan to
prevent the fatalities that involves and engages relevant
public and private agency partners, including those in public
health, law enforcement, and the courts.''.
SEC. 50733. MODERNIZING THE TITLE AND PURPOSE OF TITLE IV-E.
(a) Part Heading.--The heading for part E of title IV of the Social
Security Act (42 U.S.C. 670 et seq.) is amended to read as follows:
``PART E--FEDERAL PAYMENTS FOR FOSTER CARE, PREVENTION, AND
PERMANENCY''.
(b) Purpose.--The first sentence of section 470 of such Act (42
U.S.C. 670) is amended--
(1) by striking ``1995) and'' and inserting ``1995),'';
(2) by inserting ``kinship guardianship assistance, and
prevention services or programs specified in section 471(e)(1),''
after ``needs,''; and
(3) by striking ``(commencing with the fiscal year which begins
October 1, 1980)''.
SEC. 50734. EFFECTIVE DATES.
(a) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), subject
to subsection (b), the amendments made by parts I through III of
this subtitle shall take effect on October 1, 2018.
(2) Exceptions.--The amendments made by sections 50711(d),
50731, and 50733 shall take effect on the date of enactment of this
Act.
(b) Transition Rule.--
(1) In general.--In the case of a State plan under part B or E
of title IV of the Social Security Act which the Secretary of
Health and Human Services determines requires State legislation
(other than legislation appropriating funds) in order for the plan
to meet the additional requirements imposed by the amendments made
by parts I through III of this subtitle, the State plan shall not
be regarded as failing to comply with the requirements of such part
solely on the basis of the failure of the plan to meet such
additional requirements before the first day of the first calendar
quarter beginning after the close of the first regular session of
the State legislature that begins after the date of enactment of
this Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of the
session shall be deemed to be a separate regular session of the
State legislature.
(2) Application to programs operated by indian tribal
organizations.--In the case of an Indian tribe, tribal
organization, or tribal consortium which the Secretary of Health
and Human Services determines requires time to take action
necessary to comply with the additional requirements imposed by the
amendments made by parts I through III of this subtitle (whether
the tribe, organization, or tribal consortium has a plan under
section 479B of the Social Security Act or a cooperative agreement
or contract entered into with a State), the Secretary shall provide
the tribe, organization, or tribal consortium with such additional
time as the Secretary determines is necessary for the tribe,
organization, or tribal consortium to take the action to comply
with the additional requirements before being regarded as failing
to comply with the requirements.
PART IV--ENSURING THE NECESSITY OF A PLACEMENT THAT IS NOT IN A FOSTER
FAMILY HOME
SEC. 50741. LIMITATION ON FEDERAL FINANCIAL PARTICIPATION FOR
PLACEMENTS THAT ARE NOT IN FOSTER FAMILY HOMES.
(a) Limitation on Federal Financial Participation.--
(1) In general.--Section 472 of the Social Security Act (42
U.S.C. 672), as amended by section 50712(a), is amended--
(A) in subsection (a)(2)(C), by inserting ``, but only to
the extent permitted under subsection (k)'' after
``institution''; and
(B) by adding at the end the following:
``(k) Limitation on Federal Financial Participation.--
``(1) In general.--Beginning with the third week for which
foster care maintenance payments are made under this section on
behalf of a child placed in a child-care institution, no Federal
payment shall be made to the State under section 474(a)(1) for
amounts expended for foster care maintenance payments on behalf of
the child unless--
``(A) the child is placed in a child-care institution that
is a setting specified in paragraph (2) (or is placed in a
licensed residential family-based treatment facility consistent
with subsection (j)); and
``(B) in the case of a child placed in a qualified
residential treatment program (as defined in paragraph (4)),
the requirements specified in paragraph (3) and section 475A(c)
are met.
``(2) Specified settings for placement.--The settings for
placement specified in this paragraph are the following:
``(A) A qualified residential treatment program (as defined
in paragraph (4)).
``(B) A setting specializing in providing prenatal, post-
partum, or parenting supports for youth.
``(C) In the case of a child who has attained 18 years of
age, a supervised setting in which the child is living
independently.
``(D) A setting providing high-quality residential care and
supportive services to children and youth who have been found
to be, or are at risk of becoming, sex trafficking victims, in
accordance with section 471(a)(9)(C).
``(3) Assessment to determine appropriateness of placement in a
qualified residential treatment program.--
``(A) Deadline for assessment.--In the case of a child who
is placed in a qualified residential treatment program, if the
assessment required under section 475A(c)(1) is not completed
within 30 days after the placement is made, no Federal payment
shall be made to the State under section 474(a)(1) for any
amounts expended for foster care maintenance payments on behalf
of the child during the placement.
``(B) Deadline for transition out of placement.--If the
assessment required under section 475A(c)(1) determines that
the placement of a child in a qualified residential treatment
program is not appropriate, a court disapproves such a
placement under section 475A(c)(2), or a child who has been in
an approved placement in a qualified residential treatment
program is going to return home or be placed with a fit and
willing relative, a legal guardian, or an adoptive parent, or
in a foster family home, Federal payments shall be made to the
State under section 474(a)(1) for amounts expended for foster
care maintenance payments on behalf of the child while the
child remains in the qualified residential treatment program
only during the period necessary for the child to transition
home or to such a placement. In no event shall a State receive
Federal payments under section 474(a)(1) for amounts expended
for foster care maintenance payments on behalf of a child who
remains placed in a qualified residential treatment program
after the end of the 30-day period that begins on the date a
determination is made that the placement is no longer the
recommended or approved placement for the child.
``(4) Qualified residential treatment program.--For purposes of
this part, the term `qualified residential treatment program' means
a program that--
``(A) has a trauma-informed treatment model that is
designed to address the needs, including clinical needs as
appropriate, of children with serious emotional or behavioral
disorders or disturbances and, with respect to a child, is able
to implement the treatment identified for the child by the
assessment of the child required under section 475A(c);
``(B) subject to paragraphs (5) and (6), has registered or
licensed nursing staff and other licensed clinical staff who--
``(i) provide care within the scope of their practice
as defined by State law;
``(ii) are on-site according to the treatment model
referred to in subparagraph (A); and
``(iii) are available 24 hours a day and 7 days a week;
``(C) to extent appropriate, and in accordance with the
child's best interests, facilitates participation of family
members in the child's treatment program;
``(D) facilitates outreach to the family members of the
child, including siblings, documents how the outreach is made
(including contact information), and maintains contact
information for any known biological family and fictive kin of
the child;
``(E) documents how family members are integrated into the
treatment process for the child, including post-discharge, and
how sibling connections are maintained;
``(F) provides discharge planning and family-based
aftercare support for at least 6 months post-discharge; and
``(G) is licensed in accordance with section 471(a)(10) and
is accredited by any of the following independent, not-for-
profit organizations:
``(i) The Commission on Accreditation of Rehabilitation
Facilities (CARF).
``(ii) The Joint Commission on Accreditation of
Healthcare Organizations (JCAHO).
``(iii) The Council on Accreditation (COA).
``(iv) Any other independent, not-for-profit
accrediting organization approved by the Secretary.
``(5) Administrative costs.--The prohibition in paragraph (1)
on Federal payments under section 474(a)(1) shall not be construed
as prohibiting Federal payments for administrative expenditures
incurred on behalf of a child placed in a child-care institution
and for which payment is available under section 474(a)(3).
``(6) Rule of construction.--The requirements in paragraph
(4)(B) shall not be construed as requiring a qualified residential
treatment program to acquire nursing and behavioral health staff
solely through means of a direct employer to employee
relationship.''.
(2) Conforming amendment.--Section 474(a)(1) of the Social
Security Act (42 U.S.C. 674(a)(1)), as amended by section 50712(b),
is amended by striking ``section 472(j)'' and inserting
``subsections (j) and (k) of section 472''.
(b) Definition of Foster Family Home, Child-Care Institution.--
Section 472(c) of such Act (42 U.S.C. 672(c)(1)) is amended to read as
follows:
``(c) Definitions.--For purposes of this part:
``(1) Foster family home.--
``(A) In general.--The term `foster family home' means the
home of an individual or family--
``(i) that is licensed or approved by the State in
which it is situated as a foster family home that meets the
standards established for the licensing or approval; and
``(ii) in which a child in foster care has been placed
in the care of an individual, who resides with the child
and who has been licensed or approved by the State to be a
foster parent--
``(I) that the State deems capable of adhering to
the reasonable and prudent parent standard;
``(II) that provides 24-hour substitute care for
children placed away from their parents or other
caretakers; and
``(III) that provides the care for not more than
six children in foster care.
``(B) State flexibility.--The number of foster children
that may be cared for in a home under subparagraph (A) may
exceed the numerical limitation in subparagraph (A)(ii)(III),
at the option of the State, for any of the following reasons:
``(i) To allow a parenting youth in foster care to
remain with the child of the parenting youth.
``(ii) To allow siblings to remain together.
``(iii) To allow a child with an established meaningful
relationship with the family to remain with the family.
``(iv) To allow a family with special training or
skills to provide care to a child who has a severe
disability.
``(C) Rule of construction.--Subparagraph (A) shall not be
construed as prohibiting a foster parent from renting the home
in which the parent cares for a foster child placed in the
parent's care.
``(2) Child-care institution.--
``(A) In general.--The term `child-care institution' means
a private child-care institution, or a public child-care
institution which accommodates no more than 25 children, which
is licensed by the State in which it is situated or has been
approved by the agency of the State responsible for licensing
or approval of institutions of this type as meeting the
standards established for the licensing.
``(B) Supervised settings.--In the case of a child who has
attained 18 years of age, the term shall include a supervised
setting in which the individual is living independently, in
accordance with such conditions as the Secretary shall
establish in regulations.
``(C) Exclusions.--The term shall not include detention
facilities, forestry camps, training schools, or any other
facility operated primarily for the detention of children who
are determined to be delinquent.''.
(c) Training for State Judges, Attorneys, and Other Legal Personnel
in Child Welfare Cases.--Section 438(b)(1) of such Act (42 U.S.C.
629h(b)(1)) is amended in the matter preceding subparagraph (A) by
inserting ``shall provide for the training of judges, attorneys, and
other legal personnel in child welfare cases on Federal child welfare
policies and payment limitations with respect to children in foster
care who are placed in settings that are not a foster family home,''
after ``with respect to the child,''.
(d) Assurance of Nonimpact on Juvenile Justice System.--
(1) State plan requirement.--Section 471(a) of such Act (42
U.S.C. 671(a)), as amended by section 50731, is further amended by
adding at the end the following:
``(37) includes a certification that, in response to the
limitation imposed under section 472(k) with respect to foster care
maintenance payments made on behalf of any child who is placed in a
setting that is not a foster family home, the State will not enact
or advance policies or practices that would result in a significant
increase in the population of youth in the State's juvenile justice
system.''.
(2) GAO study and report.--The Comptroller General of the
United States shall evaluate the impact, if any, on State juvenile
justice systems of the limitation imposed under section 472(k) of
the Social Security Act (as added by section 50741(a)(1)) on foster
care maintenance payments made on behalf of any child who is placed
in a setting that is not a foster family home, in accordance with
the amendments made by subsections (a) and (b) of this section. In
particular, the Comptroller General shall evaluate the extent to
which children in foster care who also are subject to the juvenile
justice system of the State are placed in a facility under the
jurisdiction of the juvenile justice system and whether the lack of
available congregate care placements under the jurisdiction of the
child welfare systems is a contributing factor to that result. Not
later than December 31, 2025, the Comptroller General shall submit
to Congress a report on the results of the evaluation.
SEC. 50742. ASSESSMENT AND DOCUMENTATION OF THE NEED FOR PLACEMENT IN A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
Section 475A of the Social Security Act (42 U.S.C. 675a) is amended
by adding at the end the following:
``(c) Assessment, Documentation, and Judicial Determination
Requirements for Placement in a Qualified Residential Treatment
Program.--In the case of any child who is placed in a qualified
residential treatment program (as defined in section 472(k)(4)), the
following requirements shall apply for purposes of approving the case
plan for the child and the case system review procedure for the child:
``(1)(A) Within 30 days of the start of each placement in such
a setting, a qualified individual (as defined in subparagraph (D))
shall--
``(i) assess the strengths and needs of the child using an
age-appropriate, evidence-based, validated, functional
assessment tool approved by the Secretary;
``(ii) determine whether the needs of the child can be met
with family members or through placement in a foster family
home or, if not, which setting from among the settings
specified in section 472(k)(2) would provide the most effective
and appropriate level of care for the child in the least
restrictive environment and be consistent with the short- and
long-term goals for the child, as specified in the permanency
plan for the child; and
``(iii) develop a list of child-specific short- and long-
term mental and behavioral health goals.
``(B)(i) The State shall assemble a family and permanency team
for the child in accordance with the requirements of clauses (ii)
and (iii). The qualified individual conducting the assessment
required under subparagraph (A) shall work in conjunction with the
family of, and permanency team for, the child while conducting and
making the assessment.
``(ii) The family and permanency team shall consist of all
appropriate biological family members, relative, and fictive kin of
the child, as well as, as appropriate, professionals who are a
resource to the family of the child, such as teachers, medical or
mental health providers who have treated the child, or clergy. In
the case of a child who has attained age 14, the family and
permanency team shall include the members of the permanency
planning team for the child that are selected by the child in
accordance with section 475(5)(C)(iv).
``(iii) The State shall document in the child's case plan--
``(I) the reasonable and good faith effort of the State to
identify and include all the individuals described in clause
(ii) on the child's family and permanency team;
``(II) all contact information for members of the family
and permanency team, as well as contact information for other
family members and fictive kin who are not part of the family
and permanency team;
``(III) evidence that meetings of the family and permanency
team, including meetings relating to the assessment required
under subparagraph (A), are held at a time and place convenient
for family;
``(IV) if reunification is the goal, evidence demonstrating
that the parent from whom the child was removed provided input
on the members of the family and permanency team;
``(V) evidence that the assessment required under
subparagraph (A) is determined in conjunction with the family
and permanency team;
``(VI) the placement preferences of the family and
permanency team relative to the assessment that recognizes
children should be placed with their siblings unless there is a
finding by the court that such placement is contrary to their
best interest; and
``(VII) if the placement preferences of the family and
permanency team and child are not the placement setting
recommended by the qualified individual conducting the
assessment under subparagraph (A), the reasons why the
preferences of the team and of the child were not recommended.
``(C) In the case of a child who the qualified individual
conducting the assessment under subparagraph (A) determines should
not be placed in a foster family home, the qualified individual
shall specify in writing the reasons why the needs of the child
cannot be met by the family of the child or in a foster family
home. A shortage or lack of foster family homes shall not be an
acceptable reason for determining that the needs of the child
cannot be met in a foster family home. The qualified individual
also shall specify in writing why the recommended placement in a
qualified residential treatment program is the setting that will
provide the child with the most effective and appropriate level of
care in the least restrictive environment and how that placement is
consistent with the short- and long-term goals for the child, as
specified in the permanency plan for the child.
``(D)(i) Subject to clause (ii), in this subsection, the term
`qualified individual' means a trained professional or licensed
clinician who is not an employee of the State agency and who is not
connected to, or affiliated with, any placement setting in which
children are placed by the State.
``(ii) The Secretary may approve a request of a State to waive
any requirement in clause (i) upon a submission by the State, in
accordance with criteria established by the Secretary, that
certifies that the trained professionals or licensed clinicians
with responsibility for performing the assessments described in
subparagraph (A) shall maintain objectivity with respect to
determining the most effective and appropriate placement for a
child.
``(2) Within 60 days of the start of each placement in a
qualified residential treatment program, a family or juvenile court
or another court (including a tribal court) of competent
jurisdiction, or an administrative body appointed or approved by
the court, independently, shall--
``(A) consider the assessment, determination, and
documentation made by the qualified individual conducting the
assessment under paragraph (1);
``(B) determine whether the needs of the child can be met
through placement in a foster family home or, if not, whether
placement of the child in a qualified residential treatment
program provides the most effective and appropriate level of
care for the child in the least restrictive environment and
whether that placement is consistent with the short- and long-
term goals for the child, as specified in the permanency plan
for the child; and
``(C) approve or disapprove the placement.
``(3) The written documentation made under paragraph (1)(C) and
documentation of the determination and approval or disapproval of
the placement in a qualified residential treatment program by a
court or administrative body under paragraph (2) shall be included
in and made part of the case plan for the child.
``(4) As long as a child remains placed in a qualified
residential treatment program, the State agency shall submit
evidence at each status review and each permanency hearing held
with respect to the child--
``(A) demonstrating that ongoing assessment of the
strengths and needs of the child continues to support the
determination that the needs of the child cannot be met through
placement in a foster family home, that the placement in a
qualified residential treatment program provides the most
effective and appropriate level of care for the child in the
least restrictive environment, and that the placement is
consistent with the short- and long-term goals for the child,
as specified in the permanency plan for the child;
``(B) documenting the specific treatment or service needs
that will be met for the child in the placement and the length
of time the child is expected to need the treatment or
services; and
``(C) documenting the efforts made by the State agency to
prepare the child to return home or to be placed with a fit and
willing relative, a legal guardian, or an adoptive parent, or
in a foster family home.
``(5) In the case of any child who is placed in a qualified
residential treatment program for more than 12 consecutive months
or 18 nonconsecutive months (or, in the case of a child who has not
attained age 13, for more than 6 consecutive or nonconsecutive
months), the State agency shall submit to the Secretary--
``(A) the most recent versions of the evidence and
documentation specified in paragraph (4); and
``(B) the signed approval of the head of the State agency
for the continued placement of the child in that setting.''.
SEC. 50743. PROTOCOLS TO PREVENT INAPPROPRIATE DIAGNOSES.
(a) State Plan Requirement.--Section 422(b)(15)(A) of the Social
Security Act (42 U.S.C. 622(b)(15)(A)) is amended--
(1) in clause (vi), by striking ``and'' after the semicolon;
(2) by redesignating clause (vii) as clause (viii); and
(3) by inserting after clause (vi) the following:
``(vii) the procedures and protocols the State has
established to ensure that children in foster care
placements are not inappropriately diagnosed with mental
illness, other emotional or behavioral disorders, medically
fragile conditions, or developmental disabilities, and
placed in settings that are not foster family homes as a
result of the inappropriate diagnoses; and''.
(b) Evaluation.--Section 476 of such Act (42 U.S.C. 676), as
amended by section 50711(d), is further amended by adding at the end
the following:
``(e) Evaluation of State Procedures and Protocols To Prevent
Inappropriate Diagnoses of Mental Illness or Other Conditions.--The
Secretary shall conduct an evaluation of the procedures and protocols
established by States in accordance with the requirements of section
422(b)(15)(A)(vii). The evaluation shall analyze the extent to which
States comply with and enforce the procedures and protocols and the
effectiveness of various State procedures and protocols and shall
identify best practices. Not later than January 1, 2020, the Secretary
shall submit a report on the results of the evaluation to Congress.''.
SEC. 50744. ADDITIONAL DATA AND REPORTS REGARDING CHILDREN PLACED IN A
SETTING THAT IS NOT A FOSTER FAMILY HOME.
Section 479A(a)(7)(A) of the Social Security Act (42 U.S.C.
679b(a)(7)(A)) is amended by striking clauses (i) through (vi) and
inserting the following:
``(i) with respect to each such placement--
``(I) the type of the placement setting, including
whether the placement is shelter care, a group home and
if so, the range of the child population in the home, a
residential treatment facility, a hospital or
institution providing medical, rehabilitative, or
psychiatric care, a setting specializing in providing
prenatal, post-partum, or parenting supports, or some
other kind of child-care institution and if so, what
kind;
``(II) the number of children in the placement
setting and the age, race, ethnicity, and gender of
each of the children;
``(III) for each child in the placement setting,
the length of the placement of the child in the
setting, whether the placement of the child in the
setting is the first placement of the child and if not,
the number and type of previous placements of the
child, and whether the child has special needs or
another diagnosed mental or physical illness or
condition; and
``(IV) the extent of any specialized education,
treatment, counseling, or other services provided in
the setting; and
``(ii) separately, the number and ages of children in
the placements who have a permanency plan of another
planned permanent living arrangement; and''.
SEC. 50745. CRIMINAL RECORDS CHECKS AND CHECKS OF CHILD ABUSE AND
NEGLECT REGISTRIES FOR ADULTS WORKING IN CHILD-CARE INSTITUTIONS AND
OTHER GROUP CARE SETTINGS.
(a) State Plan Requirement.--Section 471(a)(20) of the Social
Security Act (42 U.S.C. 671(a)(20)) is amended--
(1) in subparagraph (A)(ii), by striking ``and'' after the
semicolon;
(2) in subparagraph (B)(iii), by striking ``and''after the
semicolon;
(3) in subparagraph (C), by adding ``and'' after the semicolon;
and
(4) by inserting after subparagraph (C), the following new
subparagraph:
``(D) provides procedures for any child-care institution,
including a group home, residential treatment center, shelter,
or other congregate care setting, to conduct criminal records
checks, including fingerprint-based checks of national crime
information databases (as defined in section 534(f)(3)(A) of
title 28, United States Code), and checks described in
subparagraph (B) of this paragraph, on any adult working in a
child-care institution, including a group home, residential
treatment center, shelter, or other congregate care setting,
unless the State reports to the Secretary the alternative
criminal records checks and child abuse registry checks the
State conducts on any adult working in a child-care
institution, including a group home, residential treatment
center, shelter, or other congregate care setting, and why the
checks specified in this subparagraph are not appropriate for
the State;''.
(b) Technical Amendments.--Subparagraphs (A) and (C) of section
471(a)(20) of the Social Security Act (42 U.S.C. 671(a)(20)) are each
amended by striking ``section 534(e)(3)(A)'' and inserting ``section
534(f)(3)(A)''.
SEC. 50746. EFFECTIVE DATES; APPLICATION TO WAIVERS.
(a) Effective Dates.--
(1) In general.--Subject to paragraph (2) and subsections (b),
(c), and (d), the amendments made by this part shall take effect as
if enacted on January 1, 2018.
(2) Transition rule.--In the case of a State plan under part B
or E of title IV of the Social Security Act which the Secretary of
Health and Human Services determines requires State legislation
(other than legislation appropriating funds) in order for the plan
to meet the additional requirements imposed by the amendments made
by this part, the State plan shall not be regarded as failing to
comply with the requirements of part B or E of title IV of such Act
solely on the basis of the failure of the plan to meet the
additional requirements before the first day of the first calendar
quarter beginning after the close of the first regular session of
the State legislature that begins after the date of enactment of
this Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of the
session shall be deemed to be a separate regular session of the
State legislature.
(b) Limitation on Federal Financial Participation for Placements
That Are Not in Foster Family Homes and Related Provisions.--
(1) In general.--The amendments made by sections 50741(a),
50741(b), 50741(d), and 50742 shall take effect on October 1, 2019.
(2) State option to delay effective date for not more than 2
years.--If a State requests a delay in the effective date, the
Secretary of Health and Human Services shall delay the effective
date provided for in paragraph (1) with respect to the State for
the amount of time requested by the State, not to exceed 2 years.
If the effective date is so delayed for a period with respect to a
State under the preceding sentence, then--
(A) notwithstanding section 50734, the date that the
amendments made by section 50711(c) take effect with respect to
the State shall be delayed for the period; and
(B) in applying section 474(a)(6) of the Social Security
Act with respect to the State, ``on or after the date this
paragraph takes effect with respect to the State'' is deemed to
be substituted for ``after September 30, 2019'' in subparagraph
(A)(i)(I) of such section.
(c) Criminal Records Checks and Checks of Child Abuse and Neglect
Registries for Adults Working in Child-care Institutions and Other
Group Care Settings.--Subject to subsection (a)(2), the amendments made
by section 50745 shall take effect on October 1, 2018.
(d) Application to States With Waivers.--In the case of a State
that, on the date of enactment of this Act, has in effect a waiver
approved under section 1130 of the Social Security Act (42 U.S.C.
1320a-9), the amendments made by this part shall not apply with respect
to the State before the expiration (determined without regard to any
extensions) of the waiver to the extent the amendments are inconsistent
with the terms of the waiver.
PART V--CONTINUING SUPPORT FOR CHILD AND FAMILY SERVICES
SEC. 50751. SUPPORTING AND RETAINING FOSTER FAMILIES FOR CHILDREN.
(a) Supporting and Retaining Foster Parents as a Family Support
Service.--Section 431(a)(2)(B) of the Social Security Act (42 U.S.C.
631(a)(2)(B)) is amended by redesignating clauses (iii) through (vi) as
clauses (iv) through (vii), respectively, and inserting after clause
(ii) the following:
``(iii) To support and retain foster families so they
can provide quality family-based settings for children in
foster care.''.
(b) Support for Foster Family Homes.--Section 436 of such Act (42
U.S.C. 629f) is amended by adding at the end the following:
``(c) Support for Foster Family Homes.--Out of any money in the
Treasury of the United States not otherwise appropriated, there are
appropriated to the Secretary for fiscal year 2018, $8,000,000 for the
Secretary to make competitive grants to States, Indian tribes, or
tribal consortia to support the recruitment and retention of high-
quality foster families to increase their capacity to place more
children in family settings, focused on States, Indian tribes, or
tribal consortia with the highest percentage of children in non-family
settings. The amount appropriated under this subparagraph shall remain
available through fiscal year 2022.''.
SEC. 50752. EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS.
(a) Extension of Stephanie Tubbs Jones Child Welfare Services
Program.--Section 425 of the Social Security Act (42 U.S.C. 625) is
amended by striking ``2012 through 2016'' and inserting ``2017 through
2021''.
(b) Extension of Promoting Safe and Stable Families Program
Authorizations.--
(1) In general.--Section 436(a) of such Act (42 U.S.C. 629f(a))
is amended by striking all that follows ``$345,000,000'' and
inserting ``for each of fiscal years 2017 through 2021.''.
(2) Discretionary grants.--Section 437(a) of such Act (42
U.S.C. 629g(a)) is amended by striking ``2012 through 2016'' and
inserting ``2017 through 2021''.
(c) Extension of Funding Reservations for Monthly Caseworker Visits
and Regional Partnership Grants.--Section 436(b) of such Act (42 U.S.C.
629f(b)) is amended--
(1) in paragraph (4)(A), by striking ``2012 through 2016'' and
inserting ``2017 through 2021''; and
(2) in paragraph (5), by striking ``2012 through 2016'' and
inserting ``2017 through 2021''.
(d) Reauthorization of Funding for State Courts.--
(1) Extension of program.--Section 438(c)(1) of such Act (42
U.S.C. 629h(c)(1)) is amended by striking ``2012 through 2016'' and
inserting ``2017 through 2021''.
(2) Extension of federal share.--Section 438(d) of such Act (42
U.S.C. 629h(d)) is amended by striking ``2012 through 2016'' and
inserting ``2017 through 2021''.
(e) Repeal of Expired Provisions.--Section 438(e) of such Act (42
U.S.C. 629h(e)) is repealed.
SEC. 50753. IMPROVEMENTS TO THE JOHN H. CHAFEE FOSTER CARE INDEPENDENCE
PROGRAM AND RELATED PROVISIONS.
(a) Authority To Serve Former Foster Youth Up To Age 23.--Section
477 of the Social Security Act (42 U.S.C. 677) is amended--
(1) in subsection (a)(5), by inserting ``(or 23 years of age,
in the case of a State with a certification under subsection
(b)(3)(A)(ii) to provide assistance and services to youths who have
aged out of foster care and have not attained such age, in
accordance with such subsection)'' after ``21 years of age'';
(2) in subsection (b)(3)(A)--
(A) by inserting ``(i)'' before ``A certification'';
(B) by striking ``children who have left foster care'' and
all that follows through the period and inserting ``youths who
have aged out of foster care and have not attained 21 years of
age.''; and
(C) by adding at the end the following:
``(ii) If the State has elected under section 475(8)(B) to
extend eligibility for foster care to all children who have not
attained 21 years of age, or if the Secretary determines that
the State agency responsible for administering the State plans
under this part and part B uses State funds or any other funds
not provided under this part to provide services and assistance
for youths who have aged out of foster care that are comparable
to the services and assistance the youths would receive if the
State had made such an election, the certification required
under clause (i) may provide that the State will provide
assistance and services to youths who have aged out of foster
care and have not attained 23 years of age.''; and
(3) in subsection (b)(3)(B), by striking ``children who have
left foster care'' and all that follows through the period and
inserting ``youths who have aged out of foster care and have not
attained 21 years of age (or 23 years of age, in the case of a
State with a certification under subparagraph (A)(i) to provide
assistance and services to youths who have aged out of foster care
and have not attained such age, in accordance with subparagraph
(A)(ii)).''.
(b) Authority To Redistribute Unspent Funds.--Section 477(d) of
such Act (42 U.S.C. 677(d)) is amended--
(1) in paragraph (4), by inserting ``or does not expend
allocated funds within the time period specified under section
477(d)(3)'' after ``provided by the Secretary''; and
(2) by adding at the end the following:
``(5) Redistribution of unexpended amounts.--
``(A) Availability of amounts.--To the extent that amounts
paid to States under this section in a fiscal year remain
unexpended by the States at the end of the succeeding fiscal
year, the Secretary may make the amounts available for
redistribution in the second succeeding fiscal year among the
States that apply for additional funds under this section for
that second succeeding fiscal year.
``(B) Redistribution.--
``(i) In general.--The Secretary shall redistribute the
amounts made available under subparagraph (A) for a fiscal
year among eligible applicant States. In this subparagraph,
the term `eligible applicant State' means a State that has
applied for additional funds for the fiscal year under
subparagraph (A) if the Secretary determines that the State
will use the funds for the purpose for which originally
allotted under this section.
``(ii) Amount to be redistributed.--The amount to be
redistributed to each eligible applicant State shall be the
amount so made available multiplied by the State foster
care ratio, (as defined in subsection (c)(4), except that,
in such subsection, `all eligible applicant States (as
defined in subsection (d)(5)(B)(i))' shall be substituted
for `all States').
``(iii) Treatment of redistributed amount.--Any amount
made available to a State under this paragraph shall be
regarded as part of the allotment of the State under this
section for the fiscal year in which the redistribution is
made.
``(C) Tribes.--For purposes of this paragraph, the term
`State' includes an Indian tribe, tribal organization, or
tribal consortium that receives an allotment under this
section.''.
(c) Expanding and Clarifying the Use of Education and Training
Vouchers.--
(1) In general.--Section 477(i)(3) of such Act (42 U.S.C.
677(i)(3)) is amended--
(A) by striking ``on the date'' and all that follows
through ``23'' and inserting ``to remain eligible until they
attain 26''; and
(B) by inserting ``, but in no event may a youth
participate in the program for more than 5 years (whether or
not consecutive)'' before the period.
(2) Conforming amendment.--Section 477(i)(1) of such Act (42
U.S.C. 677(i)(1)) is amended by inserting ``who have attained 14
years of age'' before the period.
(d) Other Improvements.--Section 477 of such Act (42 U.S.C. 677),
as amended by subsections (a), (b), and (c), is amended--
(1) in the section heading, by striking ``independence
program'' and inserting ``program for successful transition to
adulthood'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``identify children who are likely to
remain in foster care until 18 years of age and to help
these children make the transition to self-sufficiency by
providing services'' and inserting ``support all youth who
have experienced foster care at age 14 or older in their
transition to adulthood through transitional services'';
(ii) by inserting ``and post-secondary education''
after ``high school diploma''; and
(iii) by striking ``training in daily living skills,
training in budgeting and financial management skills'' and
inserting ``training and opportunities to practice daily
living skills (such as financial literacy training and
driving instruction)'';
(B) in paragraph (2), by striking ``who are likely to
remain in foster care until 18 years of age receive the
education, training, and services necessary to obtain
employment'' and inserting ``who have experienced foster care
at age 14 or older achieve meaningful, permanent connections
with a caring adult'';
(C) in paragraph (3), by striking ``who are likely to
remain in foster care until 18 years of age prepare for and
enter postsecondary training and education institutions'' and
inserting ``who have experienced foster care at age 14 or older
engage in age or developmentally appropriate activities,
positive youth development, and experiential learning that
reflects what their peers in intact families experience''; and
(D) by striking paragraph (4) and redesignating paragraphs
(5) through (8) as paragraphs (4) through (7);
(3) in subsection (b)--
(A) in paragraph (2)(D), by striking ``adolescents'' and
inserting ``youth''; and
(B) in paragraph (3)--
(i) in subparagraph (D)--
(I) by inserting ``including training on youth
development'' after ``to provide training''; and
(II) by striking ``adolescents preparing for
independent living'' and all that follows through the
period and inserting ``youth preparing for a successful
transition to adulthood and making a permanent
connection with a caring adult.'';
(ii) in subparagraph (H), by striking ``adolescents''
each place it appears and inserting ``youth''; and
(iii) in subparagraph (K)--
(I) by striking ``an adolescent'' and inserting ``a
youth''; and
(II) by striking ``the adolescent'' each place it
appears and inserting ``the youth''; and
(4) in subsection (f), by striking paragraph (2) and inserting
the following:
``(2) Report to congress.--Not later than October 1, 2019, the
Secretary shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate
a report on the National Youth in Transition Database and any other
databases in which States report outcome measures relating to
children in foster care and children who have aged out of foster
care or left foster care for kinship guardianship or adoption. The
report shall include the following:
``(A) A description of the reasons for entry into foster
care and of the foster care experiences, such as length of
stay, number of placement settings, case goal, and discharge
reason of 17-year-olds who are surveyed by the National Youth
in Transition Database and an analysis of the comparison of
that description with the reasons for entry and foster care
experiences of children of other ages who exit from foster care
before attaining age 17.
``(B) A description of the characteristics of the
individuals who report poor outcomes at ages 19 and 21 to the
National Youth in Transition Database.
``(C) Benchmarks for determining what constitutes a poor
outcome for youth who remain in or have exited from foster care
and plans the executive branch will take to incorporate these
benchmarks in efforts to evaluate child welfare agency
performance in providing services to children transitioning
from foster care.
``(D) An analysis of the association between types of
placement, number of overall placements, time spent in foster
care, and other factors, and outcomes at ages 19 and 21.
``(E) An analysis of the differences in outcomes for
children in and formerly in foster care at age 19 and 21 among
States.''.
(e) Clarifying Documentation Provided to Foster Youth Leaving
Foster Care.--Section 475(5)(I) of such Act (42 U.S.C. 675(5)(I)) is
amended by inserting after ``REAL ID Act of 2005'' the following: ``,
and any official documentation necessary to prove that the child was
previously in foster care''.
PART VI--CONTINUING INCENTIVES TO STATES TO PROMOTE ADOPTION AND LEGAL
GUARDIANSHIP
SEC. 50761. REAUTHORIZING ADOPTION AND LEGAL GUARDIANSHIP INCENTIVE
PROGRAMS.
(a) In General.--Section 473A of the Social Security Act (42 U.S.C.
673b) is amended--
(1) in subsection (b)(4), by striking ``2013 through 2015'' and
inserting ``2016 through 2020'';
(2) in subsection (h)(1)(D), by striking ``2016'' and inserting
``2021''; and
(3) in subsection (h)(2), by striking ``2016'' and inserting
``2021''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if enacted on October 1, 2017.
PART VII--TECHNICAL CORRECTIONS
SEC. 50771. TECHNICAL CORRECTIONS TO DATA EXCHANGE STANDARDS TO IMPROVE
PROGRAM COORDINATION.
(a) In General.--Section 440 of the Social Security Act (42 U.S.C.
629m) is amended to read as follows:
``SEC. 440. DATA EXCHANGE STANDARDS FOR IMPROVED INTEROPERABILITY.
``(a) Designation.--The Secretary shall, in consultation with an
interagency work group established by the Office of Management and
Budget and considering State government perspectives, by rule,
designate data exchange standards to govern, under this part and part
E--
``(1) necessary categories of information that State agencies
operating programs under State plans approved under this part are
required under applicable Federal law to electronically exchange
with another State agency; and
``(2) Federal reporting and data exchange required under
applicable Federal law.
``(b) Requirements.--The data exchange standards required by
paragraph (1) shall, to the extent practicable--
``(1) incorporate a widely accepted, non-proprietary,
searchable, computer-readable format, such as the Extensible Markup
Language;
``(2) contain interoperable standards developed and maintained
by intergovernmental partnerships, such as the National Information
Exchange Model;
``(3) incorporate interoperable standards developed and
maintained by Federal entities with authority over contracting and
financial assistance;
``(4) be consistent with and implement applicable accounting
principles;
``(5) be implemented in a manner that is cost-effective and
improves program efficiency and effectiveness; and
``(6) be capable of being continually upgraded as necessary.
``(c) Rule of Construction.--Nothing in this subsection shall be
construed to require a change to existing data exchange standards found
to be effective and efficient.''.
(b) Effective Date.--Not later than the date that is 24 months
after the date of the enactment of this section, the Secretary of
Health and Human Services shall issue a proposed rule that--
(1) identifies federally required data exchanges, include
specification and timing of exchanges to be standardized, and
address the factors used in determining whether and when to
standardize data exchanges; and
(2) specifies State implementation options and describes future
milestones.
SEC. 50772. TECHNICAL CORRECTIONS TO STATE REQUIREMENT TO ADDRESS THE
DEVELOPMENTAL NEEDS OF YOUNG CHILDREN.
Section 422(b)(18) of the Social Security Act (42 U.S.C.
622(b)(18)) is amended by striking ``such children'' and inserting
``all vulnerable children under 5 years of age''.
PART VIII--ENSURING STATES REINVEST SAVINGS RESULTING FROM INCREASE IN
ADOPTION ASSISTANCE
SEC. 50781. DELAY OF ADOPTION ASSISTANCE PHASE-IN.
(a) In General.--The table in section 473(e)(1)(B) of the Social
Security Act (42 U.S.C. 673(e)(1)(B)) is amended by striking the last 2
rows and inserting the following:
----------------------------------------------------------------------------------------------------------------
``2017 through 2023.......................... 2
2024......................................... 2 (or, in the case of a child for whom an adoption assistance
agreement is entered into under this section on or after July 1,
2024, any age)
2025 or thereafter........................... any age.''.
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by this section shall take
effect as if enacted on January 1, 2018.
SEC. 50782. GAO STUDY AND REPORT ON STATE REINVESTMENT OF SAVINGS
RESULTING FROM INCREASE IN ADOPTION ASSISTANCE.
(a) Study.--The Comptroller General of the United States shall
study the extent to which States are complying with the requirements of
section 473(a)(8) of the Social Security Act (42 U.S.C. 673(a)(8))
relating to the effects of phasing out the AFDC income eligibility
requirements for adoption assistance payments under section 473 of the
Social Security Act, as enacted by section 402 of the Fostering
Connections to Success and Increasing Adoptions Act of 2008 (Public Law
110-351; 122 Stat. 3975) and amended by section 206 of the Preventing
Sex Trafficking and Strengthening Families Act (Public Law 113-183; 128
Stat. 1919). In particular, the Comptroller General shall analyze the
extent to which States are complying with the following requirements
under section 473(a)(8)(D) of the Social Security Act:
(1) The requirement to spend an amount equal to the amount of
the savings (if any) in State expenditures under part E of title IV
of the Social Security Act resulting from phasing out the AFDC
income eligibility requirements for adoption assistance payments
under section 473 of such Act to provide to children of families
any service that may be provided under part B or E of title IV of
such Act.
(2) The requirement that a State shall spend not less than 30
percent of the amount of any savings described in paragraph (1) on
post-adoption services, post-guardianship services, and services to
support and sustain positive permanent outcomes for children who
otherwise might enter into foster care under the responsibility of
the State, with at least \2/3\ of the spending by the State to
comply with the 30 percent requirement being spent on post-adoption
and post-guardianship services.
(b) Report.--The Comptroller General of the United States shall
submit to the Committee on Finance of the Senate, the Committee on Ways
and Means of the House of Representatives, and the Secretary of Health
and Human Services a report that contains the results of the study
required by subsection (a), including recommendations to ensure
compliance with laws referred to in subsection (a).
TITLE VIII--SUPPORTING SOCIAL IMPACT PARTNERSHIPS TO PAY FOR RESULTS
SEC. 50801. SHORT TITLE.
This subtitle may be cited as the ``Social Impact Partnerships to
Pay for Results Act''.
SEC. 50802. SOCIAL IMPACT PARTNERSHIPS TO PAY FOR RESULTS.
Title XX of the Social Security Act (42 U.S.C. 1397 et seq.) is
amended--
(1) in the title heading, by striking ``TO STATES'' and
inserting ``AND PROGRAMS''; and
(2) by adding at the end the following:
``Subtitle C--Social Impact Demonstration Projects
``purposes
``Sec. 2051. The purposes of this subtitle are the following:
``(1) To improve the lives of families and individuals in need
in the United States by funding social programs that achieve real
results.
``(2) To redirect funds away from programs that, based on
objective data, are ineffective, and into programs that achieve
demonstrable, measurable results.
``(3) To ensure Federal funds are used effectively on social
services to produce positive outcomes for both service recipients
and taxpayers.
``(4) To establish the use of social impact partnerships to
address some of our Nation's most pressing problems.
``(5) To facilitate the creation of public-private partnerships
that bundle philanthropic or other private resources with existing
public spending to scale up effective social interventions already
being implemented by private organizations, nonprofits, charitable
organizations, and State and local governments across the country.
``(6) To bring pay-for-performance to the social sector,
allowing the United States to improve the impact and effectiveness
of vital social services programs while redirecting inefficient or
duplicative spending.
``(7) To incorporate outcomes measurement and randomized
controlled trials or other rigorous methodologies for assessing
program impact.
``social impact partnership application
``Sec. 2052. (a) Notice.--Not later than 1 year after the date of
the enactment of this subtitle, the Secretary of the Treasury, in
consultation with the Federal Interagency Council on Social Impact
Partnerships, shall publish in the Federal Register a request for
proposals from States or local governments for social impact
partnership projects in accordance with this section.
``(b) Required Outcomes for Social Impact Partnership Project.--To
qualify as a social impact partnership project under this subtitle, a
project must produce one or more measurable, clearly defined outcomes
that result in social benefit and Federal, State, or local savings
through any of the following:
``(1) Increasing work and earnings by individuals in the United
States who are unemployed for more than 6 consecutive months.
``(2) Increasing employment and earnings of individuals who
have attained 16 years of age but not 25 years of age.
``(3) Increasing employment among individuals receiving Federal
disability benefits.
``(4) Reducing the dependence of low-income families on Federal
means-tested benefits.
``(5) Improving rates of high school graduation.
``(6) Reducing teen and unplanned pregnancies.
``(7) Improving birth outcomes and early childhood health and
development among low-income families and individuals.
``(8) Reducing rates of asthma, diabetes, or other preventable
diseases among low-income families and individuals to reduce the
utilization of emergency and other high-cost care.
``(9) Increasing the proportion of children living in two-
parent families.
``(10) Reducing incidences and adverse consequences of child
abuse and neglect.
``(11) Reducing the number of youth in foster care by
increasing adoptions, permanent guardianship arrangements,
reunifications, or placements with a fit and willing relative, or
by avoiding placing children in foster care by ensuring they can be
cared for safely in their own homes.
``(12) Reducing the number of children and youth in foster care
residing in group homes, child care institutions, agency-operated
foster homes, or other non-family foster homes, unless it is
determined that it is in the interest of the child's long-term
health, safety, or psychological well-being to not be placed in a
family foster home.
``(13) Reducing the number of children returning to foster
care.
``(14) Reducing recidivism among juvenile offenders,
individuals released from prison, or other high-risk populations.
``(15) Reducing the rate of homelessness among our most
vulnerable populations.
``(16) Improving the health and well-being of those with
mental, emotional, and behavioral health needs.
``(17) Improving the educational outcomes of special-needs or
low-income children.
``(18) Improving the employment and well-being of returning
United States military members.
``(19) Increasing the financial stability of low-income
families.
``(20) Increasing the independence and employability of
individuals who are physically or mentally disabled.
``(21) Other measurable outcomes defined by the State or local
government that result in positive social outcomes and Federal
savings.
``(c) Application Required.--The notice described in subsection (a)
shall require a State or local government to submit an application for
the social impact partnership project that addresses the following:
``(1) The outcome goals of the project.
``(2) A description of each intervention in the project and
anticipated outcomes of the intervention.
``(3) Rigorous evidence demonstrating that the intervention can
be expected to produce the desired outcomes.
``(4) The target population that will be served by the project.
``(5) The expected social benefits to participants who receive
the intervention and others who may be impacted.
``(6) Projected Federal, State, and local government costs and
other costs to conduct the project.
``(7) Projected Federal, State, and local government savings
and other savings, including an estimate of the savings to the
Federal Government, on a program-by-program basis and in the
aggregate, if the project is implemented and the outcomes are
achieved as a result of the intervention.
``(8) If savings resulting from the successful completion of
the project are estimated to accrue to the State or local
government, the likelihood of the State or local government to
realize those savings.
``(9) A plan for delivering the intervention through a social
impact partnership model.
``(10) A description of the expertise of each service provider
that will administer the intervention, including a summary of the
experience of the service provider in delivering the proposed
intervention or a similar intervention, or demonstrating that the
service provider has the expertise necessary to deliver the
proposed intervention.
``(11) An explanation of the experience of the State or local
government, the intermediary, or the service provider in raising
private and philanthropic capital to fund social service
investments.
``(12) The detailed roles and responsibilities of each entity
involved in the project, including any State or local government
entity, intermediary, service provider, independent evaluator,
investor, or other stakeholder.
``(13) A summary of the experience of the service provider in
delivering the proposed intervention or a similar intervention, or
a summary demonstrating the service provider has the expertise
necessary to deliver the proposed intervention.
``(14) A summary of the unmet need in the area where the
intervention will be delivered or among the target population who
will receive the intervention.
``(15) The proposed payment terms, the methodology used to
calculate outcome payments, the payment schedule, and performance
thresholds.
``(16) The project budget.
``(17) The project timeline.
``(18) The criteria used to determine the eligibility of an
individual for the project, including how selected populations will
be identified, how they will be referred to the project, and how
they will be enrolled in the project.
``(19) The evaluation design.
``(20) The metrics that will be used in the evaluation to
determine whether the outcomes have been achieved as a result of
the intervention and how the metrics will be measured.
``(21) An explanation of how the metrics used in the evaluation
to determine whether the outcomes achieved as a result of the
intervention are independent, objective indicators of impact and
are not subject to manipulation by the service provider,
intermediary, or investor.
``(22) A summary explaining the independence of the evaluator
from the other entities involved in the project and the evaluator's
experience in conducting rigorous evaluations of program
effectiveness including, where available, well-implemented
randomized controlled trials on the intervention or similar
interventions.
``(23) The capacity of the service provider to deliver the
intervention to the number of participants the State or local
government proposes to serve in the project.
``(24) A description of whether and how the State or local
government and service providers plan to sustain the intervention,
if it is timely and appropriate to do so, to ensure that successful
interventions continue to operate after the period of the social
impact partnership.
``(d) Project Intermediary Information Required.--The application
described in subsection (c) shall also contain the following
information about any intermediary for the social impact partnership
project (whether an intermediary is a service provider or other
entity):
``(1) Experience and capacity for providing or facilitating the
provision of the type of intervention proposed.
``(2) The mission and goals.
``(3) Information on whether the intermediary is already
working with service providers that provide this intervention or an
explanation of the capacity of the intermediary to begin working
with service providers to provide the intervention.
``(4) Experience working in a collaborative environment across
government and nongovernmental entities.
``(5) Previous experience collaborating with public or private
entities to implement evidence-based programs.
``(6) Ability to raise or provide funding to cover operating
costs (if applicable to the project).
``(7) Capacity and infrastructure to track outcomes and measure
results, including--
``(A) capacity to track and analyze program performance and
assess program impact; and
``(B) experience with performance-based awards or
performance-based contracting and achieving project milestones
and targets.
``(8) Role in delivering the intervention.
``(9) How the intermediary would monitor program success,
including a description of the interim benchmarks and outcome
measures.
``(e) Feasibility Studies Funded Through Other Sources.--The notice
described in subsection (a) shall permit a State or local government to
submit an application for social impact partnership funding that
contains information from a feasibility study developed for purposes
other than applying for funding under this subtitle.
``awarding social impact partnership agreements
``Sec. 2053. (a) Timeline in Awarding Agreement.--Not later than 6
months after receiving an application in accordance with section 2052,
the Secretary, in consultation with the Federal Interagency Council on
Social Impact Partnerships, shall determine whether to enter into an
agreement for a social impact partnership project with a State or local
government.
``(b) Considerations in Awarding Agreement.--In determining whether
to enter into an agreement for a social impact partnership project (the
application for which was submitted under section 2052) the Secretary,
in consultation with the Federal Interagency Council on Social Impact
Partnerships and the head of any Federal agency administering a similar
intervention or serving a population similar to that served by the
project, shall consider each of the following:
``(1) The recommendations made by the Commission on Social
Impact Partnerships.
``(2) The value to the Federal Government of the outcomes
expected to be achieved if the outcomes specified in the agreement
are achieved as a result of the intervention.
``(3) The likelihood, based on evidence provided in the
application and other evidence, that the State or local government
in collaboration with the intermediary and the service providers
will achieve the outcomes.
``(4) The savings to the Federal Government if the outcomes
specified in the agreement are achieved as a result of the
intervention.
``(5) The savings to the State and local governments if the
outcomes specified in the agreement are achieved as a result of the
intervention.
``(6) The expected quality of the evaluation that would be
conducted with respect to the agreement.
``(7) The capacity and commitment of the State or local
government to sustain the intervention, if appropriate and timely
and if the intervention is successful, beyond the period of the
social impact partnership.
``(c) Agreement Authority.--
``(1) Agreement requirements.--In accordance with this section,
the Secretary, in consultation with the Federal Interagency Council
on Social Impact Partnerships and the head of any Federal agency
administering a similar intervention or serving a population
similar to that served by the project, may enter into an agreement
for a social impact partnership project with a State or local
government if the Secretary, in consultation with the Federal
Interagency Council on Social Impact Partnerships, determines that
each of the following requirements are met:
``(A) The State or local government agrees to achieve one
or more outcomes as a result of the intervention, as specified
in the agreement and validated by independent evaluation, in
order to receive payment.
``(B) The Federal payment to the State or local government
for each specified outcome achieved as a result of the
intervention is less than or equal to the value of the outcome
to the Federal Government over a period not to exceed 10 years,
as determined by the Secretary, in consultation with the State
or local government.
``(C) The duration of the project does not exceed 10 years.
``(D) The State or local government has demonstrated,
through the application submitted under section 2052, that,
based on prior rigorous experimental evaluations or rigorous
quasi-experimental studies, the intervention can be expected to
achieve each outcome specified in the agreement.
``(E) The State, local government, intermediary, or service
provider has experience raising private or philanthropic
capital to fund social service investments (if applicable to
the project).
``(F) The State or local government has shown that each
service provider has experience delivering the intervention, a
similar intervention, or has otherwise demonstrated the
expertise necessary to deliver the intervention.
``(2) Payment.--The Secretary shall pay the State or local
government only if the independent evaluator described in section
2055 determines that the social impact partnership project has met
the requirements specified in the agreement and achieved an outcome
as a result of the intervention, as specified in the agreement and
validated by independent evaluation.
``(d) Notice of Agreement Award.--Not later than 30 days after
entering into an agreement under this section the Secretary shall
publish a notice in the Federal Register that includes, with regard to
the agreement, the following:
``(1) The outcome goals of the social impact partnership
project.
``(2) A description of each intervention in the project.
``(3) The target population that will be served by the project.
``(4) The expected social benefits to participants who receive
the intervention and others who may be impacted.
``(5) The detailed roles, responsibilities, and purposes of
each Federal, State, or local government entity, intermediary,
service provider, independent evaluator, investor, or other
stakeholder.
``(6) The payment terms, the methodology used to calculate
outcome payments, the payment schedule, and performance thresholds.
``(7) The project budget.
``(8) The project timeline.
``(9) The project eligibility criteria.
``(10) The evaluation design.
``(11) The metrics that will be used in the evaluation to
determine whether the outcomes have been achieved as a result of
each intervention and how these metrics will be measured.
``(12) The estimate of the savings to the Federal, State, and
local government, on a program-by-program basis and in the
aggregate, if the agreement is entered into and implemented and the
outcomes are achieved as a result of each intervention.
``(e) Authority to Transfer Administration of Agreement.--The
Secretary may transfer to the head of another Federal agency the
authority to administer (including making payments under) an agreement
entered into under subsection (c), and any funds necessary to do so.
``(f) Requirement on Funding Used to Benefit Children.--Not less
than 50 percent of all Federal payments made to carry out agreements
under this section shall be used for initiatives that directly benefit
children.
``feasibility study funding
``Sec. 2054. (a) Requests for Funding for Feasibility Studies.--
The Secretary shall reserve a portion of the amount made available to
carry out this subtitle to assist States or local governments in
developing feasibility studies to apply for social impact partnership
funding under section 2052. To be eligible to receive funding to assist
with completing a feasibility study, a State or local government shall
submit an application for feasibility study funding addressing the
following:
``(1) A description of the outcome goals of the social impact
partnership project.
``(2) A description of the intervention, including anticipated
program design, target population, an estimate regarding the number
of individuals to be served, and setting for the intervention.
``(3) Evidence to support the likelihood that the intervention
will produce the desired outcomes.
``(4) A description of the potential metrics to be used.
``(5) The expected social benefits to participants who receive
the intervention and others who may be impacted.
``(6) Estimated costs to conduct the project.
``(7) Estimates of Federal, State, and local government savings
and other savings if the project is implemented and the outcomes
are achieved as a result of each intervention.
``(8) An estimated timeline for implementation and completion
of the project, which shall not exceed 10 years.
``(9) With respect to a project for which the State or local
government selects an intermediary to operate the project, any
partnerships needed to successfully execute the project and the
ability of the intermediary to foster the partnerships.
``(10) The expected resources needed to complete the
feasibility study for the State or local government to apply for
social impact partnership funding under section 2052.
``(b) Federal Selection of Applications for Feasibility Study.--Not
later than 6 months after receiving an application for feasibility
study funding under subsection (a), the Secretary, in consultation with
the Federal Interagency Council on Social Impact Partnerships and the
head of any Federal agency administering a similar intervention or
serving a population similar to that served by the project, shall
select State or local government feasibility study proposals for
funding based on the following:
``(1) The recommendations made by the Commission on Social
Impact Partnerships.
``(2) The likelihood that the proposal will achieve the desired
outcomes.
``(3) The value of the outcomes expected to be achieved as a
result of each intervention.
``(4) The potential savings to the Federal Government if the
social impact partnership project is successful.
``(5) The potential savings to the State and local governments
if the project is successful.
``(c) Public Disclosure.--Not later than 30 days after selecting a
State or local government for feasibility study funding under this
section, the Secretary shall cause to be published on the website of
the Federal Interagency Council on Social Impact Partnerships
information explaining why a State or local government was granted
feasibility study funding.
``(d) Funding Restriction.--
``(1) Feasibility study restriction.--The Secretary may not
provide feasibility study funding under this section for more than
50 percent of the estimated total cost of the feasibility study
reported in the State or local government application submitted
under subsection (a).
``(2) Aggregate restriction.--Of the total amount made
available to carry out this subtitle, the Secretary may not use
more than $10,000,000 to provide feasibility study funding to
States or local governments under this section.
``(3) No guarantee of funding.--The Secretary shall have the
option to award no funding under this section.
``(e) Submission of Feasibility Study Required.--Not later than 9
months after the receipt of feasibility study funding under this
section, a State or local government receiving the funding shall
complete the feasibility study and submit the study to the Federal
Interagency Council on Social Impact Partnerships.
``(f) Delegation of Authority.--The Secretary may transfer to the
head of another Federal agency the authorities provided in this section
and any funds necessary to exercise the authorities.
``evaluations
``Sec. 2055. (a) Authority to Enter Into Agreements.--For each
State or local government awarded a social impact partnership project
approved by the Secretary under this subtitle, the head of the relevant
agency, as recommended by the Federal Interagency Council on Social
Impact Partnerships and determined by the Secretary, shall enter into
an agreement with the State or local government to pay for all or part
of the independent evaluation to determine whether the State or local
government project has achieved a specific outcome as a result of the
intervention in order for the State or local government to receive
outcome payments under this subtitle.
``(b) Evaluator Qualifications.--The head of the relevant agency
may not enter into an agreement with a State or local government unless
the head determines that the evaluator is independent of the other
parties to the agreement and has demonstrated substantial experience in
conducting rigorous evaluations of program effectiveness including,
where available and appropriate, well-implemented randomized controlled
trials on the intervention or similar interventions.
``(c) Methodologies to Be Used.--The evaluation used to determine
whether a State or local government will receive outcome payments under
this subtitle shall use experimental designs using random assignment or
other reliable, evidence-based research methodologies, as certified by
the Federal Interagency Council on Social Impact Partnerships, that
allow for the strongest possible causal inferences when random
assignment is not feasible.
``(d) Progress Report.--
``(1) Submission of report.--The independent evaluator shall--
``(A) not later than 2 years after a project has been
approved by the Secretary and biannually thereafter until the
project is concluded, submit to the head of the relevant agency
and the Federal Interagency Council on Social Impact
Partnerships a written report summarizing the progress that has
been made in achieving each outcome specified in the agreement;
and
``(B) before the scheduled time of the first outcome
payment and before the scheduled time of each subsequent
payment, submit to the head of the relevant agency and the
Federal Interagency Council on Social Impact Partnerships a
written report that includes the results of the evaluation
conducted to determine whether an outcome payment should be
made along with information on the unique factors that
contributed to achieving or failing to achieve the outcome, the
challenges faced in attempting to achieve the outcome, and
information on the improved future delivery of this or similar
interventions.
``(2) Submission to the secretary and congress.--Not later than
30 days after receipt of the written report pursuant to paragraph
(1)(B), the Federal Interagency Council on Social Impact
Partnerships shall submit the report to the Secretary and each
committee of jurisdiction in the House of Representatives and the
Senate.
``(e) Final Report.--
``(1) Submission of report.--Within 6 months after the social
impact partnership project is completed, the independent evaluator
shall--
``(A) evaluate the effects of the activities undertaken
pursuant to the agreement with regard to each outcome specified
in the agreement; and
``(B) submit to the head of the relevant agency and the
Federal Interagency Council on Social Impact Partnerships a
written report that includes the results of the evaluation and
the conclusion of the evaluator as to whether the State or
local government has fulfilled each obligation of the
agreement, along with information on the unique factors that
contributed to the success or failure of the project, the
challenges faced in attempting to achieve the outcome, and
information on the improved future delivery of this or similar
interventions.
``(2) Submission to the secretary and congress.--Not later than
30 days after receipt of the written report pursuant to paragraph
(1)(B), the Federal Interagency Council on Social Impact
Partnerships shall submit the report to the Secretary and each
committee of jurisdiction in the House of Representatives and the
Senate.
``(f) Limitation on Cost of Evaluations.--Of the amount made
available under this subtitle for social impact partnership projects,
the Secretary may not obligate more than 15 percent to evaluate the
implementation and outcomes of the projects.
``(g) Delegation of Authority.--The Secretary may transfer to the
head of another Federal agency the authorities provided in this section
and any funds necessary to exercise the authorities.
``federal interagency council on social impact partnerships
``Sec. 2056. (a) Establishment.--There is established the Federal
Interagency Council on Social Impact Partnerships (in this section
referred to as the `Council') to--
``(1) coordinate with the Secretary on the efforts of social
impact partnership projects funded under this subtitle;
``(2) advise and assist the Secretary in the development and
implementation of the projects;
``(3) advise the Secretary on specific programmatic and policy
matter related to the projects;
``(4) provide subject-matter expertise to the Secretary with
regard to the projects;
``(5) certify to the Secretary that each State or local
government that has entered into an agreement with the Secretary
for a social impact partnership project under this subtitle and
each evaluator selected by the head of the relevant agency under
section 2055 has access to Federal administrative data to assist
the State or local government and the evaluator in evaluating the
performance and outcomes of the project;
``(6) address issues that will influence the future of social
impact partnership projects in the United States;
``(7) provide guidance to the executive branch on the future of
social impact partnership projects in the United States;
``(8) prior to approval by the Secretary, certify that each
State and local government application for a social impact
partnership contains rigorous, independent data and reliable,
evidence-based research methodologies to support the conclusion
that the project will yield savings to the State or local
government or the Federal Government if the project outcomes are
achieved;
``(9) certify to the Secretary, in the case of each approved
social impact partnership that is expected to yield savings to the
Federal Government, that the project will yield a projected savings
to the Federal Government if the project outcomes are achieved, and
coordinate with the relevant Federal agency to produce an after-
action accounting once the project is complete to determine the
actual Federal savings realized, and the extent to which actual
savings aligned with projected savings; and
``(10) provide periodic reports to the Secretary and make
available reports periodically to Congress and the public on the
implementation of this subtitle.
``(b) Composition of Council.--The Council shall have 11 members,
as follows:
``(1) Chair.--The Chair of the Council shall be the Director of
the Office of Management and Budget.
``(2) Other members.--The head of each of the following
entities shall designate one officer or employee of the entity to
be a Council member:
``(A) The Department of Labor.
``(B) The Department of Health and Human Services.
``(C) The Social Security Administration.
``(D) The Department of Agriculture.
``(E) The Department of Justice.
``(F) The Department of Housing and Urban Development.
``(G) The Department of Education.
``(H) The Department of Veterans Affairs.
``(I) The Department of the Treasury.
``(J) The Corporation for National and Community Service.
``commission on social impact partnerships
``Sec. 2057. (a) Establishment.--There is established the
Commission on Social Impact Partnerships (in this section referred to
as the `Commission').
``(b) Duties.--The duties of the Commission shall be to--
``(1) assist the Secretary and the Federal Interagency Council
on Social Impact Partnerships in reviewing applications for funding
under this subtitle;
``(2) make recommendations to the Secretary and the Federal
Interagency Council on Social Impact Partnerships regarding the
funding of social impact partnership agreements and feasibility
studies; and
``(3) provide other assistance and information as requested by
the Secretary or the Federal Interagency Council on Social Impact
Partnerships.
``(c) Composition.--The Commission shall be composed of nine
members, of whom--
``(1) one shall be appointed by the President, who will serve
as the Chair of the Commission;
``(2) one shall be appointed by the Majority Leader of the
Senate;
``(3) one shall be appointed by the Minority Leader of the
Senate;
``(4) one shall be appointed by the Speaker of the House of
Representatives;
``(5) one shall be appointed by the Minority Leader of the
House of Representatives;
``(6) one shall be appointed by the Chairman of the Committee
on Finance of the Senate;
``(7) one shall be appointed by the ranking member of the
Committee on Finance of the Senate;
``(8) one member shall be appointed by the Chairman of the
Committee on Ways and Means of the House of Representatives; and
``(9) one shall be appointed by the ranking member of the
Committee on Ways and Means of the House of Representatives.
``(d) Qualifications of Commission Members.--The members of the
Commission shall--
``(1) be experienced in finance, economics, pay for
performance, or program evaluation;
``(2) have relevant professional or personal experience in a
field related to one or more of the outcomes listed in this
subtitle; or
``(3) be qualified to review applications for social impact
partnership projects to determine whether the proposed metrics and
evaluation methodologies are appropriately rigorous and reliant
upon independent data and evidence-based research.
``(e) Timing of Appointments.--The appointments of the members of
the Commission shall be made not later than 120 days after the date of
the enactment of this subtitle, or, in the event of a vacancy, not
later than 90 days after the date the vacancy arises. If a member of
Congress fails to appoint a member by that date, the President may
select a member of the President's choice on behalf of the member of
Congress. Notwithstanding the preceding sentence, if not all
appointments have been made to the Commission as of that date, the
Commission may operate with no fewer than five members until all
appointments have been made.
``(f) Term of Appointments.--
``(1) In general.--The members appointed under subsection (c)
shall serve as follows:
``(A) Three members shall serve for 2 years.
``(B) Three members shall serve for 3 years.
``(C) Three members (one of which shall be Chair of the
Commission appointed by the President) shall serve for 4 years.
``(2) Assignment of terms.--The Commission shall designate the
term length that each member appointed under subsection (c) shall
serve by unanimous agreement. In the event that unanimous agreement
cannot be reached, term lengths shall be assigned to the members by
a random process.
``(g) Vacancies.--Subject to subsection (e), in the event of a
vacancy in the Commission, whether due to the resignation of a member,
the expiration of a member's term, or any other reason, the vacancy
shall be filled in the manner in which the original appointment was
made and shall not affect the powers of the Commission.
``(h) Appointment Power.--Members of the Commission appointed under
subsection (c) shall not be subject to confirmation by the Senate.
``limitation on use of funds
``Sec. 2058. Of the amounts made available to carry out this
subtitle, the Secretary may not use more than $2,000,000 in any fiscal
year to support the review, approval, and oversight of social impact
partnership projects, including activities conducted by--
``(1) the Federal Interagency Council on Social Impact
Partnerships; and
``(2) any other agency consulted by the Secretary before
approving a social impact partnership project or a feasibility
study under section 2054.
``no federal funding for credit enhancements
``Sec. 2059. No amount made available to carry out this subtitle
may be used to provide any insurance, guarantee, or other credit
enhancement to a State or local government under which a Federal
payment would be made to a State or local government as the result of a
State or local government failing to achieve an outcome specified in an
agreement.
``availability of funds
``Sec. 2060. Amounts made available to carry out this subtitle
shall remain available until 10 years after the date of the enactment
of this subtitle.
``website
``Sec. 2061. The Federal Interagency Council on Social Impact
Partnerships shall establish and maintain a public website that shall
display the following:
``(1) A copy of, or method of accessing, each notice published
regarding a social impact partnership project pursuant to this
subtitle.
``(2) A copy of each feasibility study funded under this
subtitle.
``(3) For each State or local government that has entered into
an agreement with the Secretary for a social impact partnership
project, the website shall contain the following information:
``(A) The outcome goals of the project.
``(B) A description of each intervention in the project.
``(C) The target population that will be served by the
project.
``(D) The expected social benefits to participants who
receive the intervention and others who may be impacted.
``(E) The detailed roles, responsibilities, and purposes of
each Federal, State, or local government entity, intermediary,
service provider, independent evaluator, investor, or other
stakeholder.
``(F) The payment terms, methodology used to calculate
outcome payments, the payment schedule, and performance
thresholds.
``(G) The project budget.
``(H) The project timeline.
``(I) The project eligibility criteria.
``(J) The evaluation design.
``(K) The metrics used to determine whether the proposed
outcomes have been achieved and how these metrics are measured.
``(4) A copy of the progress reports and the final reports
relating to each social impact partnership project.
``(5) An estimate of the savings to the Federal, State, and
local government, on a program-by-program basis and in the
aggregate, resulting from the successful completion of the social
impact partnership project.
``regulations
``Sec. 2062. The Secretary, in consultation with the Federal
Interagency Council on Social Impact Partnerships, may issue
regulations as necessary to carry out this subtitle.
``definitions
``Sec. 2063. In this subtitle:
``(1) Agency.--The term `agency' has the meaning given that
term in section 551 of title 5, United States Code.
``(2) Intervention.--The term `intervention' means a specific
service delivered to achieve an impact through a social impact
partnership project.
``(3) Secretary.--The term `Secretary' means the Secretary of
the Treasury.
``(4) Social impact partnership project.--The term `social
impact partnership project' means a project that finances social
services using a social impact partnership model.
``(5) Social impact partnership model.--The term `social impact
partnership model' means a method of financing social services in
which--
``(A) Federal funds are awarded to a State or local
government only if a State or local government achieves certain
outcomes agreed on by the State or local government and the
Secretary; and
``(B) the State or local government coordinates with
service providers, investors (if applicable to the project),
and (if necessary) an intermediary to identify--
``(i) an intervention expected to produce the outcome;
``(ii) a service provider to deliver the intervention
to the target population; and
``(iii) investors to fund the delivery of the
intervention.
``(6) State.--The term `State' means each State of the United
States, the District of Columbia, each commonwealth, territory or
possession of the United States, and each federally recognized
Indian tribe.
``funding
``Sec. 2064. Out of any money in the Treasury of the United States
not otherwise appropriated, there is hereby appropriated $100,000,000
for fiscal year 2018 to carry out this subtitle.''.
TITLE IX--PUBLIC HEALTH PROGRAMS
SEC. 50901. 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)(F) of
the Patient Protection and Affordable Care Act (42 U.S.C. 254b-
2(b)(1)(F)), as amended by section 3101 of Public Law 115-96, is
amended to read as follows:
``(F) $3,800,000,000 for fiscal year 2018 and
$4,000,000,000 for fiscal year 2019.''.
(b) Other Community Health Centers Provisions.--Section 330 of the
Public Health Service Act (42 U.S.C. 254b) is amended--
(1) in subsection (b)(1)(A)(ii), by striking ``abuse'' and
inserting ``use disorder'';
(2) in subsection (b)(2)(A), by striking ``abuse'' and
inserting ``use disorder'';
(3) in subsection (c)--
(A) in paragraph (1), by striking subparagraphs (B) through
(D);
(B) by striking ``(1) In general'' and all that follows
through ``The Secretary'' and inserting the following:
``(1) Centers.--The Secretary''; and
(C) in paragraph (1), as amended, by redesignating clauses
(i) through (v) as subparagraphs (A) through (E) and moving the
margin of each of such redesignated subparagraph 2 ems to the
left;
(4) by striking subsection (d) and inserting the following:
``(d) Improving Quality of Care.--
``(1) Supplemental awards.--The Secretary may award
supplemental grant funds to health centers funded under this
section to implement evidence-based models for increasing access to
high-quality primary care services, which may include models
related to--
``(A) improving the delivery of care for individuals with
multiple chronic conditions;
``(B) workforce configuration;
``(C) reducing the cost of care;
``(D) enhancing care coordination;
``(E) expanding the use of telehealth and technology-
enabled collaborative learning and capacity building models;
``(F) care integration, including integration of behavioral
health, mental health, or substance use disorder services; and
``(G) addressing emerging public health or substance use
disorder issues to meet the health needs of the population
served by the health center.
``(2) Sustainability.--In making supplemental awards under this
subsection, the Secretary may consider whether the health center
involved has submitted a plan for continuing the activities funded
under this subsection after supplemental funding is expended.
``(3) Special consideration.--The Secretary may give special
consideration to applications for supplemental funding under this
subsection that seek to address significant barriers to access to
care in areas with a greater shortage of health care providers and
health services relative to the national average.'';
(5) in subsection (e)(1)--
(A) in subparagraph (B)--
(i) by striking ``2 years'' and inserting ``1 year'';
and
(ii) by adding at the end the following: ``The
Secretary shall not make a grant under this paragraph
unless the applicant provides assurances to the Secretary
that within 120 days of receiving grant funding for the
operation of the health center, the applicant will submit,
for approval by the Secretary, an implementation plan to
meet the requirements of subsection (k)(3). The Secretary
may extend such 120-day period for achieving compliance
upon a demonstration of good cause by the health center.'';
and
(B) in subparagraph (C)--
(i) in the subparagraph heading, by striking ``and
plans'';
(ii) by striking ``or plan (as described in
subparagraphs (B) and (C) of subsection (c)(1))'';
(iii) by striking ``or plan, including the purchase''
and inserting the following: ``including--
``(i) the purchase'';
(iv) by inserting ``, which may include data and
information systems'' after ``of equipment'';
(v) by striking the period at the end and inserting a
semicolon; and
(vi) by adding at the end the following:
``(ii) the provision of training and technical
assistance; and
``(iii) other activities that--
``(I) reduce costs associated with the provision of
health services;
``(II) improve access to, and availability of,
health services provided to individuals served by the
centers;
``(III) enhance the quality and coordination of
health services; or
``(IV) improve the health status of communities.'';
(6) in subsection (e)(5)(B)--
(A) in the heading of subparagraph (B), by striking ``and
plans''; and
(B) by striking ``and subparagraphs (B) and (C) of
subsection (c)(1) to a health center or to a network or plan''
and inserting ``to a health center or to a network'';
(7) in subsection (e), by adding at the end the following:
``(6) New access points and expanded services.--
``(A) Approval of new access points.--
``(i) In general.--The Secretary may approve
applications for grants under subparagraph (A) or (B) of
paragraph (1) to establish new delivery sites.
``(ii) Special consideration.--In carrying out clause
(i), the Secretary may give special consideration to
applicants that have demonstrated the new delivery site
will be located within a sparsely populated area, or an
area which has a level of unmet need that is higher
relative to other applicants.
``(iii) Consideration of applications.--In carrying out
clause (i), the Secretary shall approve applications for
grants in such a manner that the ratio of the medically
underserved populations in rural areas which may be
expected to use the services provided by the applicants
involved to the medically underserved populations in urban
areas which may be expected to use the services provided by
the applicants is not less than two to three or greater
than three to two.
``(iv) Service area overlap.--If in carrying out clause
(i) the applicant proposes to serve an area that is
currently served by another health center funded under this
section, the Secretary may consider whether the award of
funding to an additional health center in the area can be
justified based on the unmet need for additional services
within the catchment area.
``(B) Approval of expanded service applications.--
``(i) In general.--The Secretary may approve
applications for grants under subparagraph (A) or (B) of
paragraph (1) to expand the capacity of the applicant to
provide required primary health services described in
subsection (b)(1) or additional health services described
in subsection (b)(2).
``(ii) Priority expansion projects.--In carrying out
clause (i), the Secretary may give special consideration to
expanded service applications that seek to address emerging
public health or behavioral health, mental health, or
substance abuse issues through increasing the availability
of additional health services described in subsection
(b)(2) in an area in which there are significant barriers
to accessing care.
``(iii) Consideration of applications.--In carrying out
clause (i), the Secretary shall approve applications for
grants in such a manner that the ratio of the medically
underserved populations in rural areas which may be
expected to use the services provided by the applicants
involved to the medically underserved populations in urban
areas which may be expected to use the services provided by
such applicants is not less than two to three or greater
than three to two.'';
(8) in subsection (h)--
(A) in paragraph (1), by striking ``and children and youth
at risk of homelessness'' and inserting ``, children and youth
at risk of homelessness, homeless veterans, and veterans at
risk of homelessness''; and
(B) in paragraph (5)--
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C) as subparagraph
(B); and
(iii) in subparagraph (B) (as so redesignated)--
(I) in the subparagraph heading, by striking
``abuse'' and inserting ``use disorder''; and
(II) by striking ``abuse'' and inserting ``use
disorder'';
(9) in subsection (k)--
(A) in paragraph (2)--
(i) in the paragraph heading, by inserting ``unmet''
before ``need'';
(ii) in the matter preceding subparagraph (A), by
inserting ``or subsection (e)(6)'' after ``subsection
(e)(1)'';
(iii) in subparagraph (A), by inserting ``unmet''
before ``need for health services'';
(iv) in subparagraph (B), by striking ``and'' at the
end;
(v) in subparagraph (C), by striking the period at the
end and inserting ``; and''; and
(vi) by adding after subparagraph (C) the following:
``(D) in the case of an application for a grant pursuant to
subsection (e)(6), a demonstration that the applicant has
consulted with appropriate State and local government agencies,
and health care providers regarding the need for the health
services to be provided at the proposed delivery site.'';
(B) in paragraph (3)--
(i) in the matter preceding subparagraph (A), by
inserting ``or subsection (e)(6)'' after ``subsection
(e)(1)(B)'';
(ii) in subparagraph (B), by striking ``in the
catchment area of the center'' and inserting ``, including
other health care providers that provide care within the
catchment area, local hospitals, and specialty providers in
the catchment area of the center, to provide access to
services not available through the health center and to
reduce the non-urgent use of hospital emergency
departments'';
(iii) in subparagraph (H)(ii), by inserting ``who shall
be directly employed by the center'' after ``approves the
selection of a director for the center'';
(iv) in subparagraph (L), by striking ``and'' at the
end;
(v) in subparagraph (M), by striking the period and
inserting ``; and''; and
(vi) by inserting after subparagraph (M), the
following:
``(N) the center has written policies and procedures in
place to ensure the appropriate use of Federal funds in
compliance with applicable Federal statutes, regulations, and
the terms and conditions of the Federal award.''; and
(C) by striking paragraph (4);
(10) in subsection (l), by adding at the end the following:
``Funds expended to carry out activities under this subsection and
operational support activities under subsection (m) shall not
exceed 3 percent of the amount appropriated for this section for
the fiscal year involved.'';
(11) in subsection (q)(4), by adding at the end the following:
``A waiver provided by the Secretary under this paragraph may not
remain in effect for more than 1 year and may not be extended after
such period. An entity may not receive more than one waiver under
this paragraph in consecutive years.'';
(12) in subsection (r)(3)--
(A) by striking ``appropriate committees of Congress a
report concerning the distribution of funds under this
section'' and inserting the following: ``Committee on Health,
Education, Labor, and Pensions of the Senate, and the Committee
on Energy and Commerce of the House of Representatives, a
report including, at a minimum--
``(A) the distribution of funds for carrying out this
section'';
(B) by striking ``populations. Such report shall include an
assessment'' and inserting the following: ``populations;
``(B) an assessment'';
(C) by striking ``and the rationale for any substantial
changes in the distribution of funds.'' and inserting a
semicolon; and
(D) by adding at the end the following:
``(C) the distribution of awards and funding for new or
expanded services in each of rural areas and urban areas;
``(D) the distribution of awards and funding for
establishing new access points, and the number of new access
points created;
``(E) the amount of unexpended funding for loan guarantees
and loan guarantee authority under title XVI;
``(F) the rationale for any substantial changes in the
distribution of funds;
``(G) the rate of closures for health centers and access
points;
``(H) the number and reason for any grants awarded pursuant
to subsection (e)(1)(B); and
``(I) the number and reason for any waivers provided
pursuant to subsection (q)(4).'';
(13) in subsection (r), by adding at the end the following new
paragraph:
``(5) Funding for participation of health centers in all of us
research program.--In addition to any amounts made available
pursuant to paragraph (1) of this subsection, section 402A of this
Act, or section 10503 of the Patient Protection and Affordable Care
Act, there is authorized to be appropriated, and there is
appropriated, out of any monies in the Treasury not otherwise
appropriated, to the Secretary $25,000,000 for fiscal year 2018 to
support the participation of health centers in the All of Us
Research Program under the Precision Medicine Initiative under
section 498E of this Act.''; and
(14) by striking subsection (s).
(c) National Health Service Corps.--Section 10503(b)(2)(F) of the
Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)(F)),
as amended by section 3101 of Public Law 115-96, is amended to read as
follows:
``(F) $310,000,000 for each of fiscal years 2018 and
2019.''.
(d) Teaching Health Centers That Operate Graduate Medical Education
Programs.--
(1) Payments.--Subsection (a) of section 340H of the Public
Health Service Act (42 U.S.C. 256h) is amended to read as follows:
``(a) Payments.--
``(1) In general.--Subject to subsection (h)(2), the Secretary
shall make payments under this section for direct expenses and
indirect expenses to qualified teaching health centers that are
listed as sponsoring institutions by the relevant accrediting body
for, as appropriate--
``(A) maintenance of filled positions at existing approved
graduate medical residency training programs;
``(B) expansion of existing approved graduate medical
residency training programs; and
``(C) establishment of new approved graduate medical
residency training programs.
``(2) Per resident amount.--In making payments under paragraph
(1), the Secretary shall consider the cost of training residents at
teaching health centers and the implications of the per resident
amount on approved graduate medical residency training programs at
teaching health centers.
``(3) Priority.--In making payments under paragraph (1)(C), the
Secretary shall give priority to qualified teaching health centers
that--
``(A) serve a health professional shortage area with a
designation in effect under section 332 or a medically
underserved community (as defined in section 799B); or
``(B) are located in a rural area (as defined in section
1886(d)(2)(D) of the Social Security Act).''.
(2) Funding.--Paragraph (1) of section 340H(g) of the Public
Health Service Act (42 U.S.C. 256h(g)), as amended by section 3101
of Public Law 115-96, is amended by striking ``and $30,000,000 for
the period of the first and second quarters of fiscal year 2018,''
and inserting ``and $126,500,000 for each of fiscal years 2018 and
2019,''.
(3) Annual reporting.--Subsection (h)(1) of section 340H of the
Public Health Service Act (42 U.S.C. 256h) is amended--
(A) by redesignating subparagraph (D) as subparagraph (H);
and
(B) by inserting after subparagraph (C) the following:
``(D) The number of patients treated by residents described
in paragraph (4).
``(E) The number of visits by patients treated by residents
described in paragraph (4).
``(F) Of the number of residents described in paragraph (4)
who completed their residency training at the end of such
residency academic year, the number and percentage of such
residents entering primary care practice (meaning any of the
areas of practice listed in the definition of a primary care
residency program in section 749A).
``(G) Of the number of residents described in paragraph (4)
who completed their residency training at the end of such
residency academic year, the number and percentage of such
residents who entered practice at a health care facility--
``(i) primarily serving a health professional shortage
area with a designation in effect under section 332 or a
medically underserved community (as defined in section
799B); or
``(ii) located in a rural area (as defined in section
1886(d)(2)(D) of the Social Security Act).''.
(4) Report on training costs.--Not later than March 31, 2019,
the Secretary of Health and Human Services shall submit to the
Congress a report on the direct graduate expenses of approved
graduate medical residency training programs, and the indirect
expenses associated with the additional costs of teaching
residents, of qualified teaching health centers (as such terms are
used or defined in section 340H of the Public Health Service Act
(42 U.S.C. 256h)).
(5) Definition.--Subsection (j) of section 340H of the Public
Health Service Act (42 U.S.C. 256h) is amended--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) New approved graduate medical residency training
program.--The term `new approved graduate medical residency
training program' means an approved graduate medical residency
training program for which the sponsoring qualified teaching health
center has not received a payment under this section for a previous
fiscal year (other than pursuant to subsection (a)(1)(C)).''.
(6) Technical correction.--Subsection (f) of section 340H (42
U.S.C. 256h) is amended by striking ``hospital'' each place it
appears and inserting ``teaching health center''.
(7) Payments for previous fiscal years.--The provisions of
section 340H of the Public Health Service Act (42 U.S.C. 256h), as
in effect on the day before the date of enactment of Public Law
115-96, shall continue to apply with respect to payments under such
section for fiscal years before fiscal year 2018.
(e) Application.--Amounts appropriated pursuant to this section for
fiscal year 2018 or 2019 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).
(f) Conforming Amendments.--Paragraph (4) of section 3014(h) of
title 18, United States Code, as amended by section 3101 of Public Law
115-96, is amended by striking ``and section 3101(d) of the CHIP and
Public Health Funding Extension Act'' and inserting ``and section
50901(e) of the Advancing Chronic Care, Extenders, and Social Services
Act''.
SEC. 50902. EXTENSION FOR SPECIAL DIABETES PROGRAMS.
(a) Special Diabetes Program for Type I Diabetes.--Section
330B(b)(2)(D) of the Public Health Service Act (42 U.S.C. 254c-
2(b)(2)(D)), as amended by section 3102 of Public Law 115-96, is
amended to read as follows:
``(D) $150,000,000 for each of fiscal years 2018 and 2019,
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)), as amended by section 3102 of Public Law 115-96, is amended
to read as follows:
``(D) $150,000,000 for each of fiscal years 2018 and 2019,
to remain available until expended.''.
TITLE X--MISCELLANEOUS HEALTH CARE POLICIES
SEC. 51001. HOME HEALTH PAYMENT REFORM.
(a) Budget Neutral Transition to a 30-day Unit of Payment for Home
Health Services.--Section 1895(b) of the Social Security Act (42 U.S.C.
1395fff(b)) is amended--
(1) in paragraph (2)--
(A) by striking ``payment.--In defining'' and inserting
``payment.--
``(A) In general.--In defining''; and
(B) by adding at the end the following new subparagraph:
``(B) 30-day unit of service.--For purposes of implementing
the prospective payment system with respect to home health
units of service furnished during a year beginning with 2020,
the Secretary shall apply a 30-day unit of service as the unit
of service applied under this paragraph.'';
(2) in paragraph (3)--
(A) in subparagraph (A), by adding at the end the following
new clause:
``(iv) Budget neutrality for 2020.--With respect to
payments for home health units of service furnished that
end during the 12-month period beginning January 1, 2020,
the Secretary shall calculate a standard prospective
payment amount (or amounts) for 30-day units of service (as
described in paragraph (2)(B)) for the prospective payment
system under this subsection. Such standard prospective
payment amount (or amounts) shall be calculated in a manner
such that the estimated aggregate amount of expenditures
under the system during such period with application of
paragraph (2)(B) is equal to the estimated aggregate amount
of expenditures that otherwise would have been made under
the system during such period if paragraph (2)(B) had not
been enacted. The previous sentence shall be applied before
(and not affect the application of) paragraph (3)(B). In
calculating such amount (or amounts), the Secretary shall
make assumptions about behavior changes that could occur as
a result of the implementation of paragraph (2)(B) and the
case-mix adjustment factors established under paragraph
(4)(B) and shall provide a description of such assumptions
in the notice and comment rulemaking used to implement this
clause.''; and
(B) by adding at the end the following new subparagraph:
``(D) Behavior assumptions and adjustments.--
``(i) In general.--The Secretary shall annually
determine the impact of differences between assumed
behavior changes (as described in paragraph (3)(A)(iv)) and
actual behavior changes on estimated aggregate expenditures
under this subsection with respect to years beginning with
2020 and ending with 2026.
``(ii) Permanent adjustments.--The Secretary shall, at
a time and in a manner determined appropriate, through
notice and comment rulemaking, provide for one or more
permanent increases or decreases to the standard
prospective payment amount (or amounts) for applicable
years, on a prospective basis, to offset for such increases
or decreases in estimated aggregate expenditures (as
determined under clause (i)).
``(iii) Temporary adjustments for retrospective
behavior.--The Secretary shall, at a time and in a manner
determined appropriate, through notice and comment
rulemaking, provide for one or more temporary increases or
decreases to the payment amount for a unit of home health
services (as determined under paragraph (4)) for applicable
years, on a prospective basis, to offset for such increases
or decreases in estimated aggregate expenditures (as
determined under clause (i)). Such a temporary increase or
decrease shall apply only with respect to the year for
which such temporary increase or decrease is made, and the
Secretary shall not take into account such a temporary
increase or decrease in computing such amount under this
subsection for a subsequent year.''; and
(3) in paragraph (4)(B)--
(A) by striking ``Factors.--The Secretary'' and inserting
``Factors.--
``(i) In general.--The Secretary''; and
(B) by adding at the end the following new clause:
``(ii) Treatment of therapy thresholds.--For 2020 and
subsequent years, the Secretary shall eliminate the use of
therapy thresholds (established by the Secretary) in case
mix adjustment factors established under clause (i) for
calculating payments under the prospective payment system
under this subsection.''.
(b) Technical Expert Panel.--
(1) In general.--During the period beginning on January 1,
2018, and ending on December 31, 2018, the Secretary of Health and
Human Services shall hold at least one session of a technical
expert panel, the participants of which shall include home health
providers, patient representatives, and other relevant
stakeholders. The technical expert panel shall identify and
prioritize recommendations with respect to the prospective payment
system for home health services under section 1895(b) of the Social
Security Act (42 U.S.C. 1395fff(b)), on the following:
(A) The Home Health Groupings Model, as described in the
proposed rule ``Medicare and Medicaid Programs; CY 2018 Home
Health Prospective Payment System Rate Update and Proposed CY
2019 Case-Mix Adjustment Methodology Refinements; Home Health
Value-Based Purchasing Model; and Home Health Quality Reporting
Requirements'' (82 Fed. Reg. 35294 through 35332 (July 28,
2017)).
(B) Alternative case-mix models to the Home Health
Groupings Model that were submitted during 2017 as comments in
response to proposed rule making, including patient-focused
factors that consider the risks of hospitalization and
readmission to a hospital, improvement or maintenance of
functionality of individuals to increase the capacity for self-
care, quality of care, and resource utilization.
(2) Inapplicability of faca.--The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
technical expert panel under paragraph (1).
(3) Report.--Not later than April 1, 2019, the Secretary of
Health and Human Services shall submit to the Committee on Ways and
Means and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Finance of the Senate a report
on the recommendations of such panel described in such paragraph.
(4) Notice and comment rulemaking.--Not later than December 31,
2019, the Secretary of Health and Human Services shall pursue
notice and comment rulemaking on a case-mix system with respect to
the prospective payment system for home health services under
section 1895(b) of the Social Security Act (42 U.S.C. 1395fff(b)).
(c) Reports.--
(1) Interim report.--Not later than March 15, 2022, the
Medicare Payment Advisory Commission shall submit to Congress an
interim report on the application of a 30-day unit of service as
the unit of service applied under section 1895(b)(2) of the Social
Security Act (42 U.S.C. 1395fff(b)(2)), as amended by subsection
(a), including an analysis of the level of payments provided to
home health agencies as compared to the cost of delivering home
health services, and any unintended consequences, including with
respect to behavioral changes and quality.
(2) Final report.--Not later than March 15, 2026, such
Commission shall submit to Congress a final report on such
application and any such consequences.
SEC. 51002. INFORMATION TO SATISFY DOCUMENTATION OF MEDICARE
ELIGIBILITY FOR HOME HEALTH SERVICES.
(a) Part A.--Section 1814(a) of the Social Security Act (42 U.S.C.
1395f(a)) is amended by inserting before ``For purposes of paragraph
(2)(C),'' the following new sentence: ``For purposes of documentation
for physician certification and recertification made under paragraph
(2) on or after January 1, 2019, and made with respect to home health
services furnished by a home health agency, in addition to using
documentation in the medical record of the physician who so certifies
or the medical record of the acute or post-acute care facility (in the
case that home health services were furnished to an individual who was
directly admitted to the home health agency from such a facility), the
Secretary may use documentation in the medical record of the home
health agency as supporting material, as appropriate to the case
involved.''.
(b) Part B.--Section 1835(a) of the Social Security Act (42 U.S.C.
1395n(a)) is amended by inserting before ``For purposes of paragraph
(2)(A),'' the following new sentence: ``For purposes of documentation
for physician certification and recertification made under paragraph
(2) on or after January 1, 2019, and made with respect to home health
services furnished by a home health agency, in addition to using
documentation in the medical record of the physician who so certifies
or the medical record of the acute or post-acute care facility (in the
case that home health services were furnished to an individual who was
directly admitted to the home health agency from such a facility), the
Secretary may use documentation in the medical record of the home
health agency as supporting material, as appropriate to the case
involved.''.
SEC. 51003. TECHNICAL AMENDMENTS TO PUBLIC LAW 114-10.
(a) MIPS Transition.--Section 1848 of the Social Security Act (42
U.S.C. 1395w-4) is amended--
(1) in subsection (q)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``items and
services'' and inserting ``covered professional services
(as defined in subsection (k)(3)(A))''; and
(ii) in subparagraph (C)(iv)--
(I) by amending subclause (I) to read as follows:
``(I) The minimum number (as determined by the
Secretary) of--
``(aa) for performance periods beginning before
January 1, 2018, individuals enrolled under this
part who are treated by the eligible professional
for the performance period involved; and
``(bb) for performance periods beginning on or
after January 1, 2018, individuals enrolled under
this part who are furnished covered professional
services (as defined in subsection (k)(3)(A)) by
the eligible professional for the performance
period involved.'';
(II) in subclause (II), by striking ``items and
services'' and inserting ``covered professional
services (as defined in subsection (k)(3)(A))''; and
(III) by amending subclause (III) to read as
follows:
``(III) The minimum amount (as determined by the
Secretary) of--
``(aa) for performance periods beginning before
January 1, 2018, allowed charges billed by such
professional under this part for such performance
period; and
``(bb) for performance periods beginning on or
after January 1, 2018, allowed charges for covered
professional services (as defined in subsection
(k)(3)(A)) billed by such professional for such
performance period.'';
(B) in paragraph (5)(D)--
(i) in clause (i)(I), by inserting ``subject to clause
(iii),'' after ``clauses (i) and (ii) of paragraph
(2)(A),''; and
(ii) by adding at the end the following new clause:
``(iii) Transition years.--For each of the second,
third, fourth, and fifth years for which the MIPS applies
to payments, the performance score for the performance
category described in paragraph (2)(A)(ii) shall not take
into account the improvement of the professional
involved.'';
(C) in paragraph (5)(E)--
(i) in clause (i)(I)(bb)--
(I) in the heading by striking ``First 2 years''
and inserting ``First 5 years''; and
(II) by striking ``the first and second years'' and
inserting ``each of the first through fifth years'';
(ii) in clause (i)(II)(bb)--
(I) in the heading, by striking ``2 years'' and
inserting ``5 years''; and
(II) by striking the second sentence and inserting
the following new sentences: ``For each of the second,
third, fourth, and fifth years for which the MIPS
applies to payments, not less than 10 percent and not
more than 30 percent of such score shall be based on
performance with respect to the category described in
clause (ii) of paragraph (2)(A). Nothing in the
previous sentence shall be construed, with respect to a
performance period for a year described in the previous
sentence, as preventing the Secretary from basing 30
percent of such score for such year with respect to the
category described in such clause (ii), if the
Secretary determines, based on information posted under
subsection (r)(2)(I) that sufficient resource use
measures are ready for adoption for use under the
performance category under paragraph (2)(A)(ii) for
such performance period.'';
(D) in paragraph (6)(D)--
(i) in clause (i), in the second sentence, by striking
``Such performance threshold'' and inserting ``Subject to
clauses (iii) and (iv), such performance threshold'';
(ii) in clause (ii)--
(I) in the first sentence, by inserting
``(beginning with 2019 and ending with 2024)'' after
``for each year of the MIPS''; and
(II) in the second sentence, by inserting ``subject
to clause (iii),'' after ``For each such year,'';
(iii) in clause (iii)--
(I) in the heading, by striking ``2'' and inserting
``5''; and
(II) in the first sentence, by striking ``two
years'' and inserting ``five years''; and
(iv) by adding at the end the following new clause:
``(iv) Additional special rule for third, fourth and
fifth years of mips.--For purposes of determining MIPS
adjustment factors under subparagraph (A), in addition to
the requirements specified in clause (iii), the Secretary
shall increase the performance threshold with respect to
each of the third, fourth, and fifth years to which the
MIPS applies to ensure a gradual and incremental transition
to the performance threshold described in clause (i) (as
estimated by the Secretary) with respect to the sixth year
to which the MIPS applies.'';
(E) in paragraph (6)(E)--
(i) by striking ``In the case of items and services''
and inserting ``In the case of covered professional
services (as defined in subsection (k)(3)(A))''; and
(ii) by striking ``under this part with respect to such
items and services'' and inserting ``under this part with
respect to such covered professional services''; and
(F) in paragraph (7), in the first sentence, by striking
``items and services'' and inserting ``covered professional
services (as defined in subsection (k)(3)(A))'';
(2) in subsection (r)(2), by adding at the end the following
new subparagraph:
``(I) Information.--The Secretary shall, not later than
December 31st of each year (beginning with 2018), post on the
Internet website of the Centers for Medicare & Medicaid
Services information on resource use measures in use under
subsection (q), resource use measures under development and the
time-frame for such development, potential future resource use
measure topics, a description of stakeholder engagement, and
the percent of expenditures under part A and this part that are
covered by resource use measures.''; and
(3) in subsection (s)(5)(B), by striking ``section
1833(z)(2)(C)'' and inserting ``section 1833(z)(3)(D)''.
(b) Physician-focused Payment Model Technical Advisory Committee
Provision of Initial Proposal Feedback.--Section 1868(c)(2)(C) of the
Social Security Act (42 U.S.C. 1395ee(c)(2)(C)) is amended to read as
follows:
``(C) Committee review of models submitted.--The Committee,
on a periodic basis--
``(i) shall review models submitted under subparagraph
(B);
``(ii) may provide individuals and stakeholder entities
who submitted such models with--
``(I) initial feedback on such models regarding the
extent to which such models meet the criteria described
in subparagraph (A); and
``(II) an explanation of the basis for the feedback
provided under subclause (I); and
``(iii) shall prepare comments and recommendations
regarding whether such models meet the criteria described
in subparagraph (A) and submit such comments and
recommendations to the Secretary.''.
SEC. 51004. EXPANDED ACCESS TO MEDICARE INTENSIVE CARDIAC
REHABILITATION PROGRAMS.
Section 1861(eee)(4)(B) of the Social Security Act (42 U.S.C.
1395x(eee)(4)(B)) is amended--
(1) in clause (v), by striking ``or'' at the end;
(2) in clause (vi), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new clauses:
``(vii) stable, chronic heart failure (defined as patients
with left ventricular ejection fraction of 35 percent or less
and New York Heart Association (NYHA) class II to IV symptoms
despite being on optimal heart failure therapy for at least 6
weeks); or
``(viii) any additional condition for which the Secretary
has determined that a cardiac rehabilitation program shall be
covered, unless the Secretary determines, using the same
process used to determine that the condition is covered for a
cardiac rehabilitation program, that such coverage is not
supported by the clinical evidence.''.
SEC. 51005. EXTENSION OF BLENDED SITE NEUTRAL PAYMENT RATE FOR CERTAIN
LONG-TERM CARE HOSPITAL DISCHARGES; TEMPORARY ADJUSTMENT TO SITE
NEUTRAL PAYMENT RATES.
(a) Extension.--Section 1886(m)(6)(B)(i) of the Social Security Act
(42 U.S.C. 1395ww(m)(6)(B)(i)) is amended--
(1) in subclause (I), by striking ``fiscal year 2016 or fiscal
year 2017'' and inserting ``fiscal years 2016 through 2019''; and
(2) in subclause (II), by striking ``2018'' and inserting
``2020''.
(b) Temporary Adjustment to Site Neutral Payment Rates.--Section
1886(m)(6)(B) of the Social Security Act (42 U.S.C. 1395ww(m)(6)(B)) is
amended--
(1) in clause (ii), in the matter preceding subclause (I), by
striking ``In this paragraph'' and inserting ``Subject to clause
(iv), in this paragraph''; and
(2) by adding at the end the following new clause:
``(iv) Adjustment.--For each of fiscal years 2018
through 2026, the amount that would otherwise apply under
clause (ii)(I) for the year (determined without regard to
this clause) shall be reduced by 4.6 percent.''.
SEC. 51006. RECOGNITION OF ATTENDING PHYSICIAN ASSISTANTS AS ATTENDING
PHYSICIANS TO SERVE HOSPICE PATIENTS.
(a) Recognition of Attending Physician Assistants as Attending
Physicians To Serve Hospice Patients.--
(1) In general.--Section 1861(dd)(3)(B) of the Social Security
Act (42 U.S.C. 1395x(dd)(3)(B)) is amended--
(A) by striking ``or nurse'' and inserting ``, the nurse'';
and
(B) by inserting ``, or the physician assistant (as defined
in such subsection)'' after ``subsection (aa)(5))''.
(2) Clarification of hospice role of physician assistants.--
Section 1814(a)(7)(A)(i)(I) of the Social Security Act (42 U.S.C.
1395f(a)(7)(A)(i)(I)) is amended by inserting ``or a physician
assistant'' after ``a nurse practitioner''.
(b) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2019.
SEC. 51007. EXTENSION OF ENFORCEMENT INSTRUCTION ON SUPERVISION
REQUIREMENTS FOR OUTPATIENT THERAPEUTIC SERVICES IN CRITICAL ACCESS AND
SMALL RURAL HOSPITALS THROUGH 2017.
Section 1 of Public Law 113-198, as amended by section 1 of Public
Law 114-112 and section 16004(a) of the 21st Century Cures Act (Public
Law 114-255), is amended--
(1) in the section heading, by striking ``2016'' and inserting
``2017''; and
(2) by striking ``and 2016'' and inserting ``2016, and 2017''.
SEC. 51008. ALLOWING PHYSICIAN ASSISTANTS, NURSE PRACTITIONERS, AND
CLINICAL NURSE SPECIALISTS TO SUPERVISE CARDIAC, INTENSIVE CARDIAC, AND
PULMONARY REHABILITATION PROGRAMS.
(a) Cardiac and Intensive Cardiac Rehabilitation Programs.--Section
1861(eee) of the Social Security Act (42 U.S.C. 1395x(eee)) is
amended--
(1) in paragraph (1)--
(A) by striking ``physician-supervised''; and
(B) by inserting ``under the supervision of a physician (as
defined in subsection (r)(1)) or a physician assistant, nurse
practitioner, or clinical nurse specialist (as those terms are
defined in subsection (aa)(5))'' before the period at the end;
(2) in paragraph (2)--
(A) in subparagraph (A)(iii), by striking the period at the
end and inserting a semicolon; and
(B) in subparagraph (B), by striking ``a physician'' and
inserting ``a physician (as defined in subsection (r)(1)) or a
physician assistant, nurse practitioner, or clinical nurse
specialist (as those terms are defined in subsection
(aa)(5))''; and
(3) in paragraph (4)(A), in the matter preceding clause (i)--
(A) by striking ``physician-supervised''; and
(B) by inserting ``under the supervision of a physician (as
defined in subsection (r)(1)) or a physician assistant, nurse
practitioner, or clinical nurse specialist (as those terms are
defined in subsection (aa)(5))'' after ``paragraph (3)''.
(b) Pulmonary Rehabilitation Programs.--Section 1861(fff)(1) of the
Social Security Act (42 U.S.C. 1395x(fff)(1)) is amended--
(1) by striking ``physician-supervised''; and
(2) by inserting ``under the supervision of a physician (as
defined in subsection (r)(1)) or a physician assistant, nurse
practitioner, or clinical nurse specialist (as those terms are
defined in subsection (aa)(5))'' before the period at the end.
(c) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2024.
SEC. 51009. TRANSITIONAL PAYMENT RULES FOR CERTAIN RADIATION THERAPY
SERVICES UNDER THE PHYSICIAN FEE SCHEDULE.
Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is
amended--
(1) in subsection (b)(11), by striking ``2017 and 2018'' and
inserting ``2017, 2018, and 2019''; and
(2) in subsection (c)(2)(K)(iv), by striking ``2017 and 2018''
and inserting ``2017, 2018, and 2019''.
TITLE XI--PROTECTING SENIORS' ACCESS TO MEDICARE ACT
SEC. 52001. REPEAL OF THE INDEPENDENT PAYMENT ADVISORY BOARD.
(a) Repeal.--Section 1899A of the Social Security Act (42 U.S.C.
1395kkk) is repealed.
(b) Conforming Amendments.--
(1) Lobbying cooling-off period.--Paragraph (3) of section
207(c) of title 18, United States Code, is repealed.
(2) GAO study and report.--Section 3403(b) of the Patient
Protection and Affordable Care Act (42 U.S.C. 1395kkk-1) is
repealed.
(3) MedPAC review and comment.--Section 1805(b) of the Social
Security Act (42 U.S.C. 1395b-6(b)) is amended--
(A) by striking paragraph (4);
(B) by redesignating paragraphs (5) through (8) as
paragraphs (4) through (7), respectively; and
(C) by redesignating the paragraph (9) that was
redesignated by section 3403(c)(1) of the Patient Protection
and Affordable Care Act (Public Law 111-148) as paragraph (8).
(4) Name change.--Section 10320(b) of the Patient Protection
and Affordable Care Act (Public Law 111-148) is repealed.
(5) Rule of construction.--Section 10320(c) of the Patient
Protection and Affordable Care Act (Public Law 111-148) is
repealed.
TITLE XII--OFFSETS
SEC. 53101. MODIFYING REDUCTIONS IN MEDICAID DSH ALLOTMENTS.
Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r-
4(f)(7)(A)) is amended--
(1) in clause (i), in the matter preceding subclause (I), by
striking ``2018'' and inserting ``2020''; and
(2) in clause (ii), by striking subclauses (I) through (VIII)
and inserting the following:
``(I) $4,000,000,000 for fiscal year 2020; and
``(II) $8,000,000,000 for each of fiscal years 2021
through 2025.''.
SEC. 53102. THIRD PARTY LIABILITY IN MEDICAID AND CHIP.
(a) Modification of Third Party Liability Rules Related to Special
Treatment of Certain Types of Care and Payments.--
(1) In general.--Section 1902(a)(25)(E) of the Social Security
Act (42 U.S.C. 1396a(a)(25)(E)) is amended, in the matter preceding
clause (i), by striking ``prenatal or''.
(2) Effective date.--The amendment made by paragraph (1) shall
take effect on the date of enactment of this Act.
(b) Delay in Effective Date and Repeal of Certain Bipartisan Budget
Act of 2013 Amendments.--
(1) Repeal.--Effective as of September 30, 2017, subsection (b)
of section 202 of the Bipartisan Budget Act of 2013 (Public Law
113-67; 127 Stat. 1177; 42 U.S.C. 1396a note) (including any
amendments made by such subsection) is repealed and the provisions
amended by such subsection shall be applied and administered as if
such amendments had never been enacted.
(2) Delay in effective date.--Subsection (c) of section 202 of
the Bipartisan Budget Act of 2013 (Public Law 113-67; 127 Stat.
1177; 42 U.S.C. 1396a note) is amended to read as follows:
``(c) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2019.''.
(3) Effective date; treatment.--The repeal and amendment made
by this subsection shall take effect as if enacted on September 30,
2017, and shall apply with respect to any open claims, including
claims pending, generated, or filed, after such date. The
amendments made by subsections (a) and (b) of section 202 of the
Bipartisan Budget Act of 2013 (Public Law 113-67; 127 Stat. 1177;
42 U.S.C. 1396a note) that took effect on October 1, 2017, are null
and void and section 1902(a)(25) of the Social Security Act (42
U.S.C. 1396a(a)(25)) shall be applied and administered as if such
amendments had not taken effect on such date.
(c) GAO Study and Report.--Not later than 18 months after the date
of enactment of this Act, the Comptroller General of the United States
shall submit a report to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Finance of the Senate on
the impacts of the amendments made by subsections (a)(1) and (b)(2),
including--
(1) the impact, or potential effect, of such amendments on
access to prenatal and preventive pediatric care (including early
and periodic screening, diagnostic, and treatment services) covered
under State plans under such title (or waivers of such plans);
(2) the impact, or potential effect, of such amendments on
access to services covered under such plans or waivers for
individuals on whose behalf child support enforcement is being
carried out by a State agency under part D of title IV of such Act;
and
(3) the impact, or potential effect, on providers of services
under such plans or waivers of delays in payment or related issues
that result from such amendments.
(d) Application to CHIP.--
(1) In general.--Section 2107(e)(1) of the Social Security Act
(42 U.S.C. 1397gg(e)(1)) is amended--
(A) by redesignating subparagraphs (B) through (R) as
subparagraphs (C) through (S), respectively; and
(B) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Section 1902(a)(25) (relating to third party
liability).''.
(2) Mandatory reporting.--Section 1902(a)(25)(I)(i) of the
Social Security Act (42 U.S.C. 1396a(a)(25)(I)(i)) is amended--
(A) by striking ``medical assistance under the State plan''
and inserting ``medical assistance under a State plan (or under
a waiver of the plan)'';
(B) by striking ``(and, at State option, child'' and
inserting ``and child''; and
(C) by striking ``title XXI)'' and inserting ``title XXI''.
SEC. 53103. TREATMENT OF LOTTERY WINNINGS AND OTHER LUMP-SUM INCOME FOR
PURPOSES OF INCOME ELIGIBILITY UNDER MEDICAID.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)(17), by striking ``(e)(14), (e)(14)'' and
inserting ``(e)(14), (e)(15)''; and
(2) in subsection (e)(14), by adding at the end the following
new subparagraph:
``(K) Treatment of certain lottery winnings and income
received as a lump sum.--
``(i) In general.--In the case of an individual who is
the recipient of qualified lottery winnings (pursuant to
lotteries occurring on or after January 1, 2018) or
qualified lump sum income (received on or after such date)
and whose eligibility for medical assistance is determined
based on the application of modified adjusted gross income
under subparagraph (A), a State shall, in determining such
eligibility, include such winnings or income (as
applicable) as income received--
``(I) in the month in which such winnings or income
(as applicable) is received if the amount of such
winnings or income is less than $80,000;
``(II) over a period of 2 months if the amount of
such winnings or income (as applicable) is greater than
or equal to $80,000 but less than $90,000;
``(III) over a period of 3 months if the amount of
such winnings or income (as applicable) is greater than
or equal to $90,000 but less than $100,000; and
``(IV) over a period of 3 months plus 1 additional
month for each increment of $10,000 of such winnings or
income (as applicable) received, not to exceed a period
of 120 months (for winnings or income of $1,260,000 or
more), if the amount of such winnings or income is
greater than or equal to $100,000.
``(ii) Counting in equal installments.--For purposes of
subclauses (II), (III), and (IV) of clause (i), winnings or
income to which such subclause applies shall be counted in
equal monthly installments over the period of months
specified under such subclause.
``(iii) Hardship exemption.--An individual whose
income, by application of clause (i), exceeds the
applicable eligibility threshold established by the State,
shall continue to be eligible for medical assistance to the
extent that the State determines, under procedures
established by the State (in accordance with standards
specified by the Secretary), that the denial of eligibility
of the individual would cause an undue medical or financial
hardship as determined on the basis of criteria established
by the Secretary.
``(iv) Notifications and assistance required in case of
loss of eligibility.--A State shall, with respect to an
individual who loses eligibility for medical assistance
under the State plan (or a waiver of such plan) by reason
of clause (i)--
``(I) before the date on which the individual loses
such eligibility, inform the individual--
``(aa) of the individual's opportunity to
enroll in a qualified health plan offered through
an Exchange established under title I of the
Patient Protection and Affordable Care Act during
the special enrollment period specified in section
9801(f)(3) of the Internal Revenue Code of 1986
(relating to loss of Medicaid or CHIP coverage);
and
``(bb) of the date on which the individual
would no longer be considered ineligible by reason
of clause (i) to receive medical assistance under
the State plan or under any waiver of such plan and
be eligible to reapply to receive such medical
assistance; and
``(II) provide technical assistance to the
individual seeking to enroll in such a qualified health
plan.
``(v) Qualified lottery winnings defined.--In this
subparagraph, the term `qualified lottery winnings' means
winnings from a sweepstakes, lottery, or pool described in
paragraph (3) of section 4402 of the Internal Revenue Code
of 1986 or a lottery operated by a multistate or
multijurisdictional lottery association, including amounts
awarded as a lump sum payment.
``(vi) Qualified lump sum income defined.--In this
subparagraph, the term `qualified lump sum income' means
income that is received as a lump sum from monetary
winnings from gambling (as defined by the Secretary and
including gambling activities described in section
1955(b)(4) of title 18, United States Code).''.
(b) Rules of Construction.--
(1) Interception of lottery winnings allowed.--Nothing in the
amendment made by subsection (a)(2) shall be construed as
preventing a State from intercepting the State lottery winnings
awarded to an individual in the State to recover amounts paid by
the State under the State Medicaid plan under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) for medical assistance
furnished to the individual.
(2) Applicability limited to eligibility of recipient of
lottery winnings or lump sum income.--Nothing in the amendment made
by subsection (a)(2) shall be construed, with respect to a
determination of household income for purposes of a determination
of eligibility for medical assistance under the State plan under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (or a
waiver of such plan) made by applying modified adjusted gross
income under subparagraph (A) of section 1902(e)(14) of such Act
(42 U.S.C. 1396a(e)(14)), as limiting the eligibility for such
medical assistance of any individual that is a member of the
household other than the individual who received qualified lottery
winnings or qualified lump-sum income (as defined in subparagraph
(K) of such section 1902(e)(14), as added by subsection (a)(2) of
this section).
SEC. 53104. REBATE OBLIGATION WITH RESPECT TO LINE EXTENSION DRUGS.
(a) In General.--Section 1927(c)(2)(C) of the Social Security Act
(42 U.S.C. 1396r-8(c)(2)(C)) is amended by striking ``(C) treatment of
new formulations.--In the case'' and all that follows through the
period at the end of the first sentence and inserting the following:
``(C) Treatment of new formulations.--
``(i) In general.--In the case of a drug that is a line
extension of a single source drug or an innovator multiple
source drug that is an oral solid dosage form, the rebate
obligation for a rebate period with respect to such drug
under this subsection shall be the greater of the amount
described in clause (ii) for such drug or the amount
described in clause (iii) for such drug.
``(ii) Amount 1.--For purposes of clause (i), the
amount described in this clause with respect to a drug
described in clause (i) and rebate period is the amount
computed under paragraph (1) for such drug, increased by
the amount computed under subparagraph (A) and, as
applicable, subparagraph (B) for such drug and rebate
period.
``(iii) Amount 2.--For purposes of clause (i), the
amount described in this clause with respect to a drug
described in clause (i) and rebate period is the amount
computed under paragraph (1) for such drug, increased by
the product of--
``(I) the average manufacturer price for the rebate
period of the line extension of a single source drug or
an innovator multiple source drug that is an oral solid
dosage form;
``(II) the highest additional rebate (calculated as
a percentage of average manufacturer price) under this
paragraph for the rebate period for any strength of the
original single source drug or innovator multiple
source drug; and
``(III) the total number of units of each dosage
form and strength of the line extension product paid
for under the State plan in the rebate period (as
reported by the State).''.
(b) Effective Date.--The amendments made subsection (a) shall apply
with respect to rebate periods beginning on or after October 1, 2018.
SEC. 53105. MEDICAID IMPROVEMENT FUND.
Section 1941(b) of the Social Security Act (42 U.S.C. 1396w-1(b))
is amended--
(1) in paragraph (1), by striking ``$5,000,000'' and inserting
``$0''; and
(2) in paragraph (3)(A), by striking ``$980,000,000'' and
inserting ``$0''.
SEC. 53106. PHYSICIAN FEE SCHEDULE UPDATE.
Section 1848(d)(18) of the Social Security Act (42 U.S.C. 1395w-
4(d)(18)) is amended by striking ``paragraph (1)(C)'' and all that
follows and inserting the following: ``paragraph (1)(C)--
``(A) for 2016 and each subsequent year through 2018 shall
be 0.5 percent; and
``(B) for 2019 shall be 0.25 percent.''.
SEC. 53107. PAYMENT FOR OUTPATIENT PHYSICAL THERAPY SERVICES AND
OUTPATIENT OCCUPATIONAL THERAPY SERVICES FURNISHED BY A THERAPY
ASSISTANT.
Section 1834 of the Social Security Act (42 U.S.C. 1395m) is
amended by adding at the end the following new subsection:
``(v) Payment for Outpatient Physical Therapy Services and
Outpatient Occupational Therapy Services Furnished by a Therapy
Assistant.--
``(1) In general.--In the case of an outpatient physical
therapy service or outpatient occupational therapy service
furnished on or after January 1, 2022, for which payment is made
under section 1848 or subsection (k), that is furnished in whole or
in part by a therapy assistant (as defined by the Secretary), the
amount of payment for such service shall be an amount equal to 85
percent of the amount of payment otherwise applicable for the
service under this part. Nothing in the preceding sentence shall be
construed to change applicable requirements with respect to such
services.
``(2) Use of modifier.--
``(A) Establishment.--Not later than January 1, 2019, the
Secretary shall establish a modifier to indicate (in a form and
manner specified by the Secretary), in the case of an
outpatient physical therapy service or outpatient occupational
therapy service furnished in whole or in part by a therapy
assistant (as so defined), that the service was furnished by a
therapy assistant.
``(B) Required use.--Each request for payment, or bill
submitted, for an outpatient physical therapy service or
outpatient occupational therapy service furnished in whole or
in part by a therapy assistant (as so defined) on or after
January 1, 2020, shall include the modifier established under
subparagraph (A) for each such service.
``(3) Implementation.--The Secretary shall implement this
subsection through notice and comment rulemaking.''.
SEC. 53108. REDUCTION FOR NON-EMERGENCY ESRD AMBULANCE TRANSPORTS.
Section 1834(l)(15) of the Social Security Act (42. U.S.C.
1395m(l)(15)) is amended by striking ``on or after October 1, 2013''
and inserting ``during the period beginning on October 1, 2013, and
ending on September 30, 2018, and by 23 percent for such services
furnished on or after October 1, 2018''.
SEC. 53109. HOSPITAL TRANSFER POLICY FOR EARLY DISCHARGES TO HOSPICE
CARE.
(a) In General.--Section 1886(d)(5)(J) of the Social Security Act
(42 U.S.C. 1395ww(d)(5)(J)) is amended--
(1) in clause (ii)--
(A) in subclause (III), by striking ``or'' at the end;
(B) by redesignating subclause (IV) as subclause (V); and
(C) by inserting after subclause (III) the following new
subclause:
``(IV) for discharges occurring on or after October 1, 2018, is
provided hospice care by a hospice program; or''; and
(2) in clause (iv)--
(A) by inserting after the first sentence the following new
sentence: ``The Secretary shall include in the proposed rule
published for fiscal year 2019, a description of the effect of
clause (ii)(IV).''; and
(B) in subclause (I), by striking ``and (III)'' and
inserting ``(III), and, in the case of proposed and final rules
for fiscal year 2019 and subsequent fiscal years, (IV)''.
(b) MedPAC Evaluation and Report.--
(1) Evaluation.--The Medicare Payment Advisory Commission (in
this subsection referred to as the ``Commission'') shall conduct an
evaluation of the effects of the amendments made by subsection (a),
including the effects on--
(A) the numbers of discharges of patients from an inpatient
hospital setting to a hospice program;
(B) the lengths of stays of patients in an inpatient
hospital setting who are discharged to a hospice program;
(C) spending under the Medicare program under title XVIII
of the Social Security Act; and
(D) other areas determined appropriate by the Commission.
(2) Consideration.--In conducting the evaluation under
paragraph (1), the Commission shall consider factors such as
whether the timely access to hospice care by patients admitted to a
hospital has been affected through changes to hospital policies or
behaviors made as a result of such amendments.
(3) Preliminary results.--Not later than March 15, 2020, the
Commission shall provide Congress with preliminary results on the
evaluation being conducted under paragraph (1).
(4) Report.--Not later than March 15, 2021, the Commission
shall submit to Congress a report on the evaluation conducted under
paragraph (1).
SEC. 53110. MEDICARE PAYMENT UPDATE FOR HOME HEALTH SERVICES.
Section 1895(b)(3)(B) of the Social Security Act (42 U.S.C.
1395fff(b)(3)(B)) is amended--
(1) in clause (iii), in the last sentence, by inserting before
the period at the end the following: ``and for 2020 shall be 1.5
percent''; and
(2) in clause (vi), by inserting ``and 2020'' after ``except
2018''.
SEC. 53111. MEDICARE PAYMENT UPDATE FOR SKILLED NURSING FACILITIES.
Section 1888(e)(5)(B) of the Social Security Act (42 U.S.C.
1395yy(e)(5)(B)) is amended--
(1) in clause (i), by striking ``and (iii)'' and inserting ``,
(iii), and (iv)'';
(2) in clause (ii), by striking ``clause (iii)'' and inserting
``clauses (iii) and (iv)''; and
(3) by adding at the end the following new clause:
``(iv) Special rule for fiscal year 2019.--For fiscal
year 2019 (or other similar annual period specified in
clause (i)), the skilled nursing facility market basket
percentage, after application of clause (ii), is equal to
2.4 percent.''.
SEC. 53112. PREVENTING THE ARTIFICIAL INFLATION OF STAR RATINGS AFTER
THE CONSOLIDATION OF MEDICARE ADVANTAGE PLANS OFFERED BY THE SAME
ORGANIZATION.
Section 1853(o)(4) of the Social Security Act (42 U.S.C. 1395w-
23(o)(4)) is amended by adding at the end the following new
subparagraph:
``(D) Special rule to prevent the artificial inflation of
star ratings after the consolidation of medicare advantage
plans offered by a single organization.--
``(i) In general.--If--
``(I) a Medicare Advantage organization has entered
into more than one contract with the Secretary with
respect to the offering of Medicare Advantage plans;
and
``(II) on or after January 1, 2019, the Secretary
approves a request from the organization to consolidate
the plans under one or more contract (in this
subparagraph referred to as a `closed contract') with
the plans offered under a separate contract (in this
subparagraph referred to as the `continuing contract');
with respect to the continuing contract, the Secretary
shall adjust the quality rating under the 5-star rating
system and any quality increase under this subsection and
rebate amounts under section 1854 to reflect an enrollment-
weighted average of scores or ratings for the continuing
and closed contracts, as determined appropriate by the
Secretary.
``(ii) Application.--An adjustment under clause (i)
shall apply for any year for which the quality rating of
the continuing contract is based primarily on a measurement
period that is prior to the first year in which a closed
contract is no longer offered.''.
SEC. 53113. SUNSETTING EXCLUSION OF BIOSIMILARS FROM MEDICARE PART D
COVERAGE GAP DISCOUNT PROGRAM.
Section 1860D-14A(g)(2)(A) of the Social Security Act (42 U.S.C.
1395w-114a(g)(2)(A)) is amended by inserting ``, with respect to a plan
year before 2019,'' after ``other than''.
SEC. 53114. ADJUSTMENTS TO MEDICARE PART B AND PART D PREMIUM SUBSIDIES
FOR HIGHER INCOME INDIVIDUALS.
(a) In General.--Section 1839(i)(3)(C)(i) of the Social Security
Act (42 U.S.C. 1395r(i)(3)(C)(i)) is amended--
(1) in subclause (II), in the matter preceding the table, by
striking ``years beginning with''; and
(2) by adding at the end the following new subclause:
``(III) Subject to paragraph (5), for years
beginning with 2019:
``If the modified adjusted gross income is:....... The applicable
percentage is:
More than $85,000 but not more than $107,000...... 35 percent
More than $107,000 but not more than $133,500..... 50 percent
More than $133,500 but not more than $160,000..... 65 percent
More than $160,000 but less than $500,000......... 80 percent
At least $500,000................................. 85 percent.''.
''. (b) Joint Returns.--Section 1839(i)(3)(C)(ii) of the Social
Security Act (42 U.S.C. 1395r(i)(3)(C)(ii)) is amended by inserting
before the period the following: ``except, with respect to the dollar
amounts applied in the last row of the table under subclause (III) of
such clause (and the second dollar amount specified in the second to
last row of such table), clause (i) shall be applied by substituting
dollar amounts which are 150 percent of such dollar amounts for the
calendar year''.
(c) Inflation Adjustment.--Section 1839(i)(5) of the Social
Security Act (42 U.S.C. 1395r(i)(5)) is amended--
(1) in subparagraph (A), by striking ``In the case'' and
inserting ``Subject to subparagraph (C), in the case'';
(2) in subparagraph (B), by striking ``subparagraph (A)'' and
inserting ``subparagraph (A) or (C)''; and
(3) by adding at the end the following new subparagraph:
``(C) Treatment of adjustments for certain higher income
individuals.--
``(i) In general.--Subparagraph (A) shall not apply
with respect to each dollar amount in paragraph (3) of
$500,000.
``(ii) Adjustment beginning 2028.--In the case of any
calendar year beginning after 2027, each dollar amount in
paragraph (3) of $500,000 shall be increased by an amount
equal to--
``(I) such dollar amount, multiplied by
``(II) the percentage (if any) by which the average
of the Consumer Price Index for all urban consumers
(United States city average) for the 12-month period
ending with August of the preceding calendar year
exceeds such average for the 12-month period ending
with August 2026.''.
SEC. 53115. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$220,000,000'' and inserting
``$0''.
SEC. 53116. CLOSING THE DONUT HOLE FOR SENIORS.
(a) Closing Donut Hole Sooner.--Section 1860D-2(b)(2)(D) of the
Social Security Act (42 U.S.C. 1395w-102(b)(2)(D))--
(1) in clause (i), by amending subclause (I) to read as
follows:
``(I) equal to the difference between--
``(aa) the applicable gap percentage (specified
in clause (ii) for the year); and
``(bb) the discount percentage specified in
section 1860D-14A(g)(4)(A) for such applicable
drugs (or, in the case of a year after 2018, 50
percent); or''; and
(2) in clause (ii)--
(A) in subclause (IV), by adding ``and'' at the end;
(B) by striking subclause (V); and
(C) in subclause (VI)--
(i) by striking ``2020'' and inserting ``2019''; and
(ii) by redesignating such subclause as subclause (V).
(b) Lowering Discounted Price.--Section 1860D-14A(g)(4)(A) of the
Social Security Act (42 U.S.C. 1395w-114a(g)(4)(A)) is amended by
inserting ``(or, with respect to a plan year after plan year 2018, 30
percent)'' after ``50 percent''.
SEC. 53117. MODERNIZING CHILD SUPPORT ENFORCEMENT FEES.
(a) In General.--Section 454(6)(B)(ii) of the Social Security Act
(42 U.S.C. 654(6)(B)(ii)) is amended--
(1) by striking ``$25'' and inserting ``$35''; and
(2) by striking ``$500'' each place it appears and inserting
``$550''.
(b) Effective Date.--
(1) In general.--The amendments made by subsection (a) shall
take effect on the 1st day of the 1st fiscal year that begins on or
after the date of the enactment of this Act, and shall apply to
payments under part D of title IV of the Social Security Act (42
U.S.C. 651 et seq.) for calendar quarters beginning on or after
such 1st day.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part D of
title IV of the Social Security Act (42 U.S.C. 651 et seq.) to meet
the requirements imposed by the amendment made by subsection (a),
the plan shall not be regarded as failing to meet such requirements
before the 1st day of the 1st calendar quarter beginning after the
first regular session of the State legislature that begins after
the date of the enactment of this Act. For purposes of the
preceding sentence, if the State has a 2-year legislative session,
each year of the session is deemed to be a separate regular session
of the State legislature.
SEC. 53118. INCREASING EFFICIENCY OF PRISON DATA REPORTING.
(a) In General.--Section 1611(e)(1)(I)(i)(II) of the Social
Security Act (42 U.S.C. 1382(e)(1)(I)(i)(II)) is amended by striking
``30 days'' each place it appears and inserting ``15 days''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to any payment made by the Commissioner of Social
Security pursuant to section 1611(e)(1)(I)(i)(II) of the Social
Security Act (42 U.S.C. 1382(e)(1)(I)(i)(II)) (as amended by such
subsection) on or after the date that is 6 months after the date of
enactment of this Act.
SEC. 53119. PREVENTION AND PUBLIC HEALTH FUND.
Section 4002(b) of the Patient Protection and Affordable Care Act
(42 U.S.C. 300u-11(b)), as amended by section 3103 of Public Law 115-
96, is amended by striking paragraphs (4) through (9) and inserting the
following:
``(4) for fiscal year 2019, $900,000,000;
``(5) for each of fiscal years 2020 and 2021, $950,000,000;
``(6) for each of fiscal years 2022 and 2023, $1,000,000,000;
``(7) for each of fiscal years 2024 and 2025, $1,300,000,000;
``(8) for each of fiscal years 2026 and 2027, $1,800,000,000;
and
``(9) for fiscal year 2028 and each fiscal year thereafter,
$2,000,000,000.''.
DIVISION F--IMPROVEMENTS TO AGRICULTURE PROGRAMS
Sec. 60101. (a) Treatment of Seed Cotton.--
(1) Designation of seed cotton as a covered commodity.--Section
1111(6) of the Agricultural Act of 2014 (7 U.S.C. 9011(6)) is
amended--
(A) by striking ``The term'' and inserting the following:
``(A) In general.--The term''; and
(B) by adding at the end the following:
``(B) Inclusion.--Effective beginning with the 2018 crop
year, the term `covered commodity' includes seed cotton.''.
(2) Reference price for seed cotton.--Section 1111(18) of the
Agricultural Act of 2014 (7 U.S.C. 9011(18)) is amended by adding
at the end the following:
``(O) For seed cotton, $0.367 per pound.''.
(3) Definition of seed cotton.--Section 1111 of the
Agricultural Act of 2014 (7 U.S.C. 9011) is amended--
(A) by redesignating paragraphs (20) through (24) as
paragraphs (21) through (25), respectively; and
(B) by inserting after paragraph (19) the following:
``(20) Seed cotton.--The term `seed cotton' means unginned
upland cotton that includes both lint and seed.''.
(4) Payment yield.--Section 1113 of the Agricultural Act of
2014 (7 U.S.C. 9013) is amended by adding at the end the following:
``(e) Payment Yield for Seed Cotton.--
``(1) Payment yield.--Subject to paragraph (2), the payment
yield for seed cotton for a farm shall be equal to 2.4 times the
payment yield for upland cotton for the farm established under
section 1104(e)(3) of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8714(e)(3)) (as in effect on September 30, 2013).
``(2) Update.--At the sole discretion of the owner of a farm
with a yield for upland cotton described in paragraph (1), the
owner of the farm shall have a 1-time opportunity to update the
payment yield for upland cotton for the farm, as provided in
subsection (d), for the purpose of calculating the payment yield
for seed cotton under paragraph (1).''.
(5) Payment acres.--Section 1114(b) of the Agricultural Act of
2014 (7 U.S.C. 9014(b)) is amended by adding at the end the
following:
``(4) Seed cotton.--
``(A) In general.--Not later than 90 days after the date of
enactment of this paragraph, the Secretary shall require the
owner of a farm to allocate all generic base acres on the farm
under subparagraph (B) or (C), or both.
``(B) No recent history of covered commodities.--In the
case of a farm on which no covered commodities (including seed
cotton) were planted or were prevented from being planted at
any time during the 2009 through 2016 crop years, the owner of
such farm shall allocate generic base acres on the farm to
unassigned crop base for which no payments may be made under
section 1116 or 1117.
``(C) Recent history of covered commodities.--In the case
of a farm not described in subparagraph (B), the owner of such
farm shall allocate generic base acres on the farm--
``(i) subject to subparagraph (D), to seed cotton base
acres in a quantity equal to the greater of--
``(I) 80 percent of the generic base acres on the
farm; or
``(II) the average number of seed cotton acres
planted or prevented from being planted on the farm
during the 2009 through 2012 crop years (not to exceed
the total generic base acres on the farm); or
``(ii) to base acres for covered commodities (including
seed cotton), by applying subparagraphs (B), (D), (E), and
(F) of section 1112(a)(3).
``(D) Treatment of residual generic base acres.--In the
case of a farm on which generic base acres are allocated under
subparagraph (C)(i), the residual generic base acres shall be
allocated to unassigned crop base for which no payments may be
made under section 1116 or 1117.
``(E) Effect of failure to allocate.--In the case of a farm
not described in subparagraph (B) for which the owner of the
farm fails to make an election under subparagraph (C), the
owner of the farm shall be deemed to have elected to allocate
all generic base acres in accordance with subparagraph
(C)(i).''.
(6) Recordkeeping regarding unassigned crop base.--Section 1114
of the Agricultural Act of 2014 (7 U.S.C. 9014) is amended by
adding at the end the following:
``(f) Unassigned Crop Base.--The Secretary shall maintain
information on generic base acres on a farm allocated as unassigned
crop base under subsection (b)(4).''.
(7) Special election period for price loss coverage or
agriculture risk coverage.--Section 1115 of the Agricultural Act of
2014 (7 U.S.C. 9015) is amended--
(A) in subsection (a), by striking ``For'' and inserting
``Except as provided in subsection (g), for''; and
(B) by adding at the end the following:
``(g) Special Election.--
``(1) In general.--In the case of acres allocated to seed
cotton on a farm, all of the producers on the farm shall be given
the opportunity to make a new 1-time election under subsection (a)
to reflect the designation of seed cotton as a covered commodity
for that crop year under section 1111(6)(B).
``(2) Effect of failure to make unanimous election.--If all the
producers on a farm fail to make a unanimous election under
paragraph (1), the producers on the farm shall be deemed to have
elected price loss coverage under section 1116 for acres allocated
on the farm to seed cotton.''.
(8) Effective price.--Section 1116 of the Agricultural Act of
2014 (7 U.S.C. 9016) is amended by adding at the end the following:
``(h) Effective Price for Seed Cotton.--
``(1) In general.--The effective price for seed cotton under
subsection (b) shall be equal to the marketing year average price
for seed cotton, as calculated under paragraph (2).
``(2) Calculation.--The marketing year average price for seed
cotton for a crop year shall be equal to the quotient obtained by
dividing--
``(A) the sum obtained by adding--
``(i) the product obtained by multiplying--
``(I) the upland cotton lint marketing year average
price; and
``(II) the total United States upland cotton lint
production, measured in pounds; and
``(ii) the product obtained by multiplying--
``(I) the cottonseed marketing year average price;
and
``(II) the total United States cottonseed
production, measured in pounds; by
``(B) the sum obtained by adding--
``(i) the total United States upland cotton lint
production, measured in pounds; and
``(ii) the total United States cottonseed production,
measured in pounds.''.
(9) Deemed loan rate for seed cotton.--Section 1202 of the
Agricultural Act of 2014 (7 U.S.C. 9032) is amended by adding at
the end the following:
``(c) Seed Cotton.--
``(1) In general.--For purposes of section 1116(b)(2) and
paragraphs (1)(B)(ii) and (2)(A)(ii)(II) of section 1117(b), the
loan rate for seed cotton shall be deemed to be equal to $0.25 per
pound.
``(2) Effect.--Nothing in this subsection authorizes any
nonrecourse marketing assistance loan under this subtitle for seed
cotton.''.
(10) Limitation on stacked income protection plan for producers
of upland cotton.--Section 508B of the Federal Crop Insurance Act
(7 U.S.C. 1508b) is amended by adding at the end the following:
``(f) Limitation.--Effective beginning with the 2019 crop year, a
farm shall not be eligible for the Stacked Income Protection Plan for
upland cotton for a crop year for which the farm is enrolled in
coverage for seed cotton under--
``(1) price loss coverage under section 1116 of the
Agricultural Act of 2014 (7 U.S.C. 9016); or
``(2) agriculture risk coverage under section 1117 of that Act
(7 U.S.C. 9017).''.
(11) Technical correction.--Section 1114(b)(2) of the
Agricultural Act of 2014 (7 U.S.C. 9014(b)(2)) is amended by
striking ``paragraphs (1)(B) and (2)(B)'' and inserting
``paragraphs (1) and (2)''.
(12) Administration.--The Secretary of Agriculture shall carry
out the amendments made by this subsection in accordance with
section 1601 of the Agricultural Act of 2014 (7 U.S.C. 9091).
(13) Application.--Except as provided in paragraph (10), the
amendments made by this subsection shall apply beginning with the
2018 crop year.
(b) Margin Protection Program for Dairy Producers.--
(1) Monthly calculation of actual dairy production margin.--
(A) Definitions.--Section 1401 of the Agricultural Act of
2014 (7 U.S.C. 9051) is amended--
(i) by striking paragraph (4); and
(ii) by redesignating paragraphs (5) through (11) as
paragraphs (4) through (10), respectively.
(B) Calculation of actual dairy production margin.--Section
1402(b)(1) of the Agricultural Act of 2014 (7 U.S.C.
9052(b)(1)) is amended by striking ``consecutive 2-month
period'' each place it appears and inserting ``month''.
(C) Margin protection payments.--Section 1406 of the
Agricultural Act of 2014 (7 U.S.C. 9056) is amended--
(i) by striking ``consecutive 2-month period'' each
place it appears and inserting ``month''; and
(ii) in subsection (c)(2)(B), by striking ``6'' and
inserting ``12''.
(2) Participation of dairy operations in margin protection
program.--Section 1404 of the Agricultural Act of 2014 (7 U.S.C.
9054) is amended--
(A) in subsection (b)--
(i) in paragraph (1), by inserting ``, including the
establishment of a date each calendar year by which a dairy
operation shall register for the calendar year'' before the
period at the end;
(ii) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(iii) by inserting after paragraph (1) the following:
``(2) Extension of election period for 2018 calendar year.--The
Secretary shall extend the election period for the 2018 calendar
year by not less than 90 days after the date of enactment of the
Bipartisan Budget Act of 2018 or such additional period as the
Secretary determines is necessary for dairy operations to make new
elections to participate for that calendar year, including dairy
operations that elected to so participate before that date of
enactment.''; and
(B) in subsection (c), by adding at the end the following:
``(4) Exemption.--A limited resource, beginning, veteran, or
socially disadvantaged farmer, as defined by the Secretary, shall
be exempt from the administrative fee under this subsection.''.
(3) Production history of participating dairy operations.--
Section 1405(a) of the Agricultural Act of 2014 (7 U.S.C. 9055(a))
is amended by adding at the end the following:
``(3) Continued applicability of base production history.--A
production history established for a dairy operation under
paragraph (1) shall be the base production history for the dairy
operation in subsequent years (as adjusted under paragraph (2)).''.
(4) Premiums for margin protection program.--Section 1407 of
the Agricultural Act of 2014 (7 U.S.C. 9057) is amended--
(A) in subsection (b)--
(i) by striking the subsection heading and inserting
the following: ``Tier I: Premium Per Hundredweight for
First 5,000,000 Pounds of Production.--'';
(ii) in paragraph (1), by striking ``4,000,000'' and
inserting ``5,000,000''; and
(iii) in paragraph (2)--
(I) by striking ``$0.010'' and inserting ``None'';
(II) by striking ``$0.025'' and inserting ``None'';
(III) by striking ``$0.040'' and inserting
``$0.009'';
(IV) by striking ``$0.055'' and inserting
``$0.016'';
(V) by striking ``$0.090'' and inserting
``$0.040'';
(VI) by striking ``$0.217'' and inserting
``$0.063'';
(VII) by striking ``$0.300'' and inserting
``$0.087''; and
(VIII) by striking ``$0.475'' and inserting
``$0.142''; and
(B) in subsection (c)--
(i) by striking the subsection heading and inserting
the following: ``Tier II: Premium Per Hundredweight for
Production in Excess of 5,000,000 Pounds.--''; and
(ii) in paragraph (1), by striking ``4,000,000'' and
inserting ``5,000,000''.
(5) Application.--The amendments made by this subsection shall
apply beginning with the 2018 calendar year.
(c) Limitation on Crop Insurance Livestock-Related Expenditures.--
(1) In general.--Section 523(b) of the Federal Crop Insurance
Act (7 U.S.C. 1523(b)) is amended by striking paragraph (10).
(2) Conforming amendments.--Section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516) is amended in subsections (a)(2)(C)
and (b)(1)(D) by striking ``subsections (a)(3)(E)(ii) and (b)(10)
of section 523'' each place it appears and inserting ``subsection
(a)(3)(E)(ii) of that section''.
Sec. 60102. (a) Section 1240B of the Food Security Act of 1985 (16
U.S.C. 3839aa-2) is amended by striking subsection (a) and inserting
the following:
``(a) Establishment.--During each of the 2002 through 2019 fiscal
years, the Secretary shall provide payments to producers that enter
into contracts with the Secretary under the program.''.
(b) Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841)
is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``2018'' and inserting ``2018 (and fiscal year 2019 in the case
of the program specified in paragraph (5))''; and
(B) in paragraph (5)(E), by striking ``fiscal year 2018''
and inserting ``each of fiscal years 2018 through 2019''; and
(2) in subsection (b), by striking ``2018'' and inserting
``2018 (and fiscal year 2019 in the case of the program specified
in subsection (a)(5))''.
This division may be cited as the ``Improvements to Agriculture
Programs Act of 2018''.
DIVISION G--BUDGETARY EFFECTS
SEC. 70101. BUDGETARY EFFECTS.
(a) In General.--The budgetary effects of division A, subdivision 2
of division B, and 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 A,
subdivision 2 of division B, and 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 A,
subdivision 2 of division B, and 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.