[Congressional Record Volume 164, Number 24 (Wednesday, February 7, 2018)]
[Senate]
[Pages S709-S791]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1926. Mr. PORTMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 1892, 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; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _. EXTENSION OF THE MATERNAL, INFANT, AND EARLY 
                   CHILDHOOD 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 2019''.
                                 ______
                                 
  SA 1927. Mr. DAINES submitted an amendment intended to be proposed by 
him to the bill H.R. 695, of 1993 to establish a voluntary national 
criminal history background check system and criminal history review 
program for certain individuals who, related to their employment, have 
access to children, the elderly, or individuals with disabilities, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike section 8004.
                                 ______
                                 
  SA 1928. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill H.R. 695 of 1993 to establish a voluntary national 
criminal history background check system and criminal history review 
program for certain individuals who, related to their employment, have 
access to children, the elderly, or individuals with disabilities, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

               TITLE __--VESSEL INCIDENTAL DISCHARGE ACT

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Vessel Incidental 
     Discharge Act''.

     SEC. __02. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Aquatic nuisance species.--The term ``aquatic nuisance 
     species'' means a nonindigenous species (including a 
     pathogen, microbe, or virus) that threatens the diversity or 
     abundance of native species or the ecological stability of 
     waters of the United States, or commercial, agricultural, 
     aquacultural, or recreational activities dependent on such 
     waters.
       (3) Ballast water.--
       (A) In general.--The term ``ballast water'' means any water 
     and suspended matter taken on board a commercial vessel--
       (i) to control or maintain trim, draught, stability, or 
     stresses of the commercial vessel, regardless of how such 
     water and matter is carried; or
       (ii) during the cleaning, maintenance, or other operation 
     of a ballast tank or ballast water management system of the 
     commercial vessel.
       (B) Exclusions.--The term ``ballast water'' does not 
     include any substance that is added to water described in 
     subparagraph (A) that is directly related to the operation of 
     a properly functioning ballast water management system.
       (4) Ballast water discharge standard.--The term ``ballast 
     water discharge standard'' means--
       (A) the numerical ballast water discharge standard set 
     forth in section 151.2030 of title 33, Code of Federal 
     Regulations, or section 151.1511 of such title (as in effect 
     on the date of the enactment of this Act); or
       (B) if the standard described in subparagraph (A) has been 
     revised under section __06, such revised standard.
       (5) Ballast water management system.--The term ``ballast 
     water management system'' means any system, including all 
     ballast water treatment equipment and all associated control 
     and monitoring equipment, that processes ballast water--
       (A) to kill, render nonviable, or remove organisms; or
       (B) to avoid the uptake or discharge of organisms.

[[Page S710]]

       (6) Best available technology economically achievable.--The 
     term ``best available technology economically achievable'' 
     has the meaning given that term in sections 301(b)(2)(A) and 
     304(b)(2)(B) of the Federal Water Pollution Control Act (33 
     U.S.C. 1311(b)(2)(A) and 1314(b)(2)(B)) as such term applies 
     to a mobile point source.
       (7) Biocide.--The term ``biocide'' means a substance or 
     organism that is introduced into or produced by a ballast 
     water management system to kill or eliminate aquatic nuisance 
     species as part of the process used to comply with a ballast 
     water discharge standard.
       (8) Captain of the port zone.--The term ``Captain of the 
     Port Zone'' means a Captain of the Port Zone established by 
     the Secretary pursuant to sections 92, 93, and 633 of title 
     14, United States Code.
       (9) Commercial vessel.--
       (A) In general.--The term ``commercial vessel'' means--
       (i) a vessel (as defined in section 3 of title 1, United 
     States Code) that is engaged in commercial service (as 
     defined in section 2101(5) of title 46, United States Code); 
     or
       (ii) a vessel that is within the scope of the General 
     Permit or Small Vessel General Permit on the day before the 
     date of enactment of this Act.
       (B) Exclusion.--The term ``commercial vessel'' does not 
     include--
       (i) a recreational vessel; or
       (ii) a vessel of the armed forces (as defined in section 
     312 of the Federal Water Pollution Control Act (33 U.S.C. 
     1322)).
       (10) Discharge incidental to the normal operation of a 
     commercial vessel.--
       (A) In general.--The term ``discharge incidental to the 
     normal operation of a commercial vessel'' means--
       (i) a discharge into navigable waters of the United States 
     from a commercial vessel of--

       (I)(aa) graywater, bilge water, cooling water, oil water 
     separator effluent, anti-fouling hull coating leachate, 
     boiler or economizer blowdown, byproducts from cathodic 
     protection, controllable pitch propeller and thruster 
     hydraulic fluid, distillation and reverse osmosis brine, 
     elevator pit effluent, firemain system effluent, freshwater 
     layup effluent, gas turbine wash water, motor gasoline and 
     compensating effluent, refrigeration and air condensate 
     effluent, seawater piping biofouling prevention substances, 
     boat engine wet exhaust, sonar dome effluent, exhaust gas 
     scrubber wash water, or stern tube packing gland effluent; or
       (bb) any other pollutant associated with the operation of a 
     marine propulsion system, shipboard maneuvering system, 
     habitability system, or installed major equipment, or from a 
     protective, preservative, or absorptive application to the 
     hull of a commercial vessel;
       (II) deck runoff, deck washdown, above the waterline hull 
     cleaning effluent, aqueous film forming foam effluent, chain 
     locker effluent, non-oily machinery wastewater, underwater 
     ship husbandry effluent, welldeck effluent, or fish hold and 
     fish hold cleaning effluent; or
       (III) any effluent from a properly functioning marine 
     engine; or

       (ii) a discharge of a pollutant into navigable waters of 
     the United States in connection with the testing, 
     maintenance, or repair of a system, equipment, or engine 
     described in subclause (I)(bb) or (III) of clause (i) 
     whenever the commercial vessel is waterborne.
       (B) Exclusions.--The term ``discharge incidental to the 
     normal operation of a commercial vessel'' does not include--
       (i) any discharge into navigable waters of the United 
     States from a commercial vessel of--

       (I) ballast water;
       (II) rubbish, trash, garbage, incinerator ash, or other 
     such material discharged overboard;
       (III) oil or a hazardous substance (as such terms are 
     defined in section 311 of the Federal Water Pollution Control 
     Act (33 U.S.C. 1321)); or
       (IV) sewage (as defined in section 312(a)(6) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1322(a)(6))); or

       (ii) any emission of an air pollutant resulting from the 
     operation onboard a commercial vessel of a commercial vessel 
     propulsion system, motor driven equipment, or incinerator;
       (iii) any discharge into navigable waters of the United 
     States from a commercial vessel when the commercial vessel is 
     operating in a capacity other than as a means of 
     transportation on water; or
       (iv) any discharge that results from an activity other than 
     the normal operation of a commercial vessel.
       (11) Empty ballast tank.--The term ``empty ballast tank'' 
     means a tank--
       (A) intended to hold ballast water that has been drained to 
     the limit of the functional or operational capabilities of 
     such tank, such as loss of suction, and otherwise recorded as 
     empty on a vessel log; and
       (B) that contains unpumpable residual ballast water and 
     sediments.
       (12) Exchange.--The term ``exchange'' means, with respect 
     to ballast water, to replace the water in a ballast water 
     tank using one of the following methods:
       (A) Flow-through exchange, in which ballast water is 
     flushed out by pumping in mid-ocean water at the bottom of 
     the tank and continuously overflowing the tank from the top 
     until 3 full volumes of water has been changed to minimize 
     the number of original organisms remaining in the tank.
       (B) Empty and refill exchange, in which ballast water taken 
     on in ports, estuarine waters, or territorial waters is 
     pumped out until the pump loses suction, after which the 
     ballast tank is refilled with mid-ocean water.
       (13) General permit.--The term ``General Permit'' means the 
     ``Final National Pollutant Discharge Elimination System 
     (NPDES) General Permit for Discharges Incidental to the 
     Normal Operation of a Vessel'' noticed in the Federal 
     Register on April 12, 2013 (78 Fed. Reg. 21938).
       (14) Great lakes states.--The term ``Great Lakes States'' 
     means Illinois, Indiana, Michigan, Minnesota, New York, Ohio, 
     Pennsylvania, and Wisconsin.
       (15) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given that term in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5304(e)).
       (16) Major conversion.--The term ``major conversion'' has 
     the meaning given that term in section 2101(14a) of title 46, 
     United States Code.
       (17) Marine pollution control device.--The term ``marine 
     pollution control device'' means any equipment for 
     installation or use on board a commercial vessel that is--
       (A) designed to receive, retain, treat, control, or 
     discharge a discharge incidental to the normal operation of a 
     commercial vessel; and
       (B) determined by the Secretary, in consultation with the 
     Administrator, to be the most effective equipment or 
     management practice to reduce the environmental impact of the 
     discharge consistent with the considerations set forth in 
     section __08(a)(2).
       (18) Mid-ocean water.--The term ``mid-ocean water'' means 
     water greater than 200 nautical miles from any shore.
       (19) Navigable waters of the united states.--The term 
     ``navigable waters of the United States'' has the meaning 
     given that term in section 2101(17a) of title 46, United 
     States Code.
       (20) Operating in a capacity other than as a means of 
     transportation on water.--The term ``operating in a capacity 
     other than as a means of transportation on water'' includes--
       (A) when in use as an energy or mining facility;
       (B) when in use as a storage facility or seafood processing 
     facility;
       (C) when secured to a storage facility or seafood 
     processing facility; and
       (D) when secured to the bed of the ocean, contiguous zone, 
     or waters of the United States for the purpose of mineral or 
     oil exploration or development.
       (21) Organism.--The term ``organism'' means any organism 
     and includes pathogens, microbes, viruses, bacteria, and 
     fungi.
       (22) Owner or operator.--The term ``owner or operator'' 
     means a person owning, operating, or chartering by demise a 
     commercial vessel.
       (23) Pacific coast region.--The term ``Pacific Coast 
     Region'' means Federal and State waters adjacent to Alaska, 
     Washington, Oregon, or California extending from shore and 
     including the entire exclusive economic zone (as defined in 
     section 1001(8) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2701(8))) adjacent to each such State.
       (24) Pollutant.--The term ``pollutant'' has the meaning 
     given that term in section 502(6) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1362(6)).
       (25) Port or place of destination.--The term ``port or 
     place of destination'' means any port or place to which a 
     vessel is bound to anchor or moor.
       (26) Recreational vessel.--The term ``recreational vessel'' 
     has the meaning given that term in section 502 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1362).
       (27) Render nonviable.--The term ``render nonviable'' 
     means, with respect to organisms in ballast water, the action 
     of a ballast water management system that leaves such 
     organisms permanently incapable of reproduction following 
     treatment.
       (28) Saltwater flush.--The term ``saltwater flush''--
       (A) means--
       (i) the addition of as much mid-ocean water into each empty 
     ballast tank of a commercial vessel as is safe for such 
     vessel and crew and the mixing of the flushwater with 
     residual water and sediment through the motion of such 
     vessel; and
       (ii) the discharge of the mixed water, such that the 
     resultant residual water remaining in the tank has the 
     highest salinity possible, and is at least 30 parts per 
     thousand; and
       (B) may require more than one fill-mix-empty sequence, 
     particularly if only small amounts of water can be safely 
     taken onboard the commercial vessel at one time.
       (29) Secretary.--Except as otherwise specified, the term 
     ``Secretary'' means the Secretary of the department in which 
     the Coast Guard is operating.
       (30) Small vessel general permit.--The term ``Small Vessel 
     General Permit'' means the ``Final National Pollutant 
     Discharge Elimination System (NPDES) General Permit for 
     Discharges Incidental to the Normal Operation of a Small 
     Vessel'' noticed in the Federal Register on September 10, 
     2014 (79 Fed. Reg. 53702)

     SEC. __03. TREATMENT OF EXISTING BALLAST WATER REGULATIONS.

       (a) Effect on Existing Regulations.--Any regulation issued 
     pursuant to the Nonindigenous Aquatic Nuisance Prevention and 
     Control Act of 1990 (16 U.S.C. 4701 et seq.) that is in 
     effect on the day before the date of the enactment of this 
     Act, and that relates

[[Page S711]]

     to a matter subject to regulation under this title, shall 
     remain in full force and effect unless or until superseded by 
     a new regulation issued under this title relating to such 
     matter.
       (b) Application of Other Regulations.--
       (1) In general.--The regulations issued pursuant to the 
     Nonindigenous Aquatic Nuisance Prevention and Control Act of 
     1990 (16 U.S.C. 4701 et seq.) relating to sanctions for 
     violating a regulation under that Act shall apply to 
     violations of a regulation issued under this title.
       (2) Penalties.--The penalties for violations described in 
     paragraph (1) shall increase consistent with inflation.

     SEC. __04. BALLAST WATER DISCHARGE REQUIREMENTS.

       (a) In General.--
       (1) Requirements.--Except as provided in paragraph (7), and 
     subject to sections 151.2035 and 151.2036 of title 33, Code 
     of Federal Regulations (as in effect on the date of the 
     enactment of this Act), an owner or operator may discharge 
     ballast water into navigable waters of the United States from 
     a commercial vessel covered under subsection (b) only if the 
     owner or operator discharges the ballast water in accordance 
     with requirements established by this title or the Secretary.
       (2) Commercial vessels entering the great lakes system.--If 
     a commercial vessel enters the Great Lakes through the mouth 
     of the Saint Lawrence River, the owner or operator shall--
       (A) comply with the applicable requirements of--
       (i) paragraph (1);
       (ii) subpart C of part 151 of title 33, Code of Federal 
     Regulations (or similar successor regulations); and
       (iii) section 401.30 of such title (or similar successor 
     regulations); and
       (B) after operating--
       (i) outside the exclusive economic zone of the United 
     States or Canada, conduct a complete ballast water exchange 
     in an area that is 200 nautical miles or more from any shore 
     before the owner or operator may discharge ballast water 
     while operating in the Saint Lawrence River or the Great 
     Lakes, subject to any requirements the Secretary determines 
     necessary with regard to such exchange or any ballast water 
     management system that is to be used in conjunction with such 
     exchange, to ensure that any discharge of ballast water 
     complies with the requirements under paragraph (1); or
       (ii) exclusively within the territorial waters or exclusive 
     economic zone of the United States or Canada, conduct a 
     complete ballast water exchange outside the Saint Lawrence 
     River and the Great Lakes in an area that is 50 nautical 
     miles or more from any shore before the owner or operator may 
     discharge ballast water while operating in the Saint Lawrence 
     River or the Great Lakes, subject to any requirements the 
     Secretary determines necessary with regard to such exchange 
     or any ballast water management system that is to be used in 
     conjunction with such exchange, to ensure that any discharge 
     of ballast water complies with the requirements under 
     paragraph (1), unless traveling 50 nautical miles or more 
     from shore would compromise commercial vessel safety or is 
     otherwise prohibited by any domestic or international 
     regulation.
       (3) Commercial vessels operating within the pacific coast 
     region.--
       (A) In general.--Except as provided in subparagraph (C) and 
     paragraph (6), the owner or operator of a commercial vessel 
     described in subparagraph (B) shall conduct a complete 
     ballast water exchange in waters more than 50 nautical miles 
     from shore.
       (B) Commercial vessel described.--A commercial vessel 
     described in this subparagraph is a commercial vessel--
       (i) operating between 2 ports or places of destination 
     within the Pacific Coast Region; or
       (ii) operating between a port or place of destination 
     within the Pacific Coast Region and a port or place of 
     destination on the Pacific Coast of Canada or Mexico north of 
     20 degrees north latitude, inclusive of the Gulf of 
     California.
       (C) Exemptions.--Subparagraph (A) shall not apply to the 
     following:
       (i) A commercial vessel voyaging between or to a port or 
     place of destination in the State of Washington, if the 
     ballast water to be discharged from such vessel originated 
     solely from waters located between the parallel 43 degrees, 
     32 minutes north latitude, including the internal waters of 
     the Columbia River, and the internal waters of Canada south 
     of parallel 50 degrees north latitude, including the waters 
     of the Strait of Georgia and the Strait of Juan de Fuca.
       (ii) A commercial vessel voyaging between ports or places 
     of destination in the States of Washington and Oregon if the 
     ballast water to be discharged from such vessel originated 
     solely from waters located between the parallel 40 degrees 
     north latitude and the parallel 50 degrees north latitude.
       (iii) A commercial vessel voyaging between ports or places 
     of destination in the State of California within the San 
     Francisco Bay area east of the Golden Gate Bridge, including 
     the Port of Stockton and the Port of Sacramento, if any 
     ballast water to be discharged from such vessel originated 
     solely from ports or places within such area.
       (iv) A commercial vessel voyaging between the Port of Los 
     Angeles, the Port of Long Beach, and the El Segundo offshore 
     marine oil terminal if any ballast water to be discharged 
     from such vessel originated solely from the Port of Los 
     Angeles, the Port of Long Beach, or the El Segundo offshore 
     marine oil terminal.
       (v) A commercial vessel voyaging between a port or place in 
     the State of Alaska within a single Captain of the Port Zone.
       (4) Empty ballast tanks.--
       (A) Requirements.--Except as provided in subparagraph (B) 
     and paragraph (6), the owner or operator of a commercial 
     vessel with empty ballast tanks shall conduct a saltwater 
     flush--
       (i) at least 200 nautical miles from any shore for voyages 
     originating outside the United States or Canadian exclusive 
     economic zone; or
       (ii) at least 50 nautical miles from any shore for voyages 
     within the Pacific Coast Region.
       (B) Exception.--The requirements of subparagraph (A) shall 
     not apply--
       (i) if a ballast tank's unpumpable residual waters and 
     sediments were subject to a saltwater flush, ballast water 
     exchange, or treatment through a ballast water management 
     system; or
       (ii) unless otherwise required under this title, if the 
     ballast tank's unpumpable residual waters and sediments were 
     sourced within the same port or place of destination, or 
     Captain of the Port Zone.
       (5) Low salinity ballast water.--
       (A) In general.--Except as provided in subparagraph (B) and 
     paragraph (6), owners or operators of commercial vessels that 
     transport ballast water sourced from waters with a measured 
     salinity of less than 18 parts per thousand, except as 
     provided by a public or commercial source under subsection 
     (b)(2)(C), and voyage to a Pacific Coast Region port or place 
     of destination that has a measured salinity of less than 18 
     parts per thousand shall conduct a complete ballast water 
     exchange--
       (i) more than 50 nautical miles from shore if the ballast 
     water was sourced from a Pacific Coast Region port or place 
     of destination; or
       (ii) more than 200 nautical miles from shore if the ballast 
     water was not sourced from a Pacific Coast Region port or 
     place of destination.
       (B) Exception.--The requirements of subparagraph (A) shall 
     not apply to a commercial vessel that has a ballast water 
     management system approved for treating freshwater at 
     concentrations prescribed in section __06(a)(1)(A) or that 
     retains all of its ballast water.
       (6) Exempted vessels.--
       (A) In general.--The requirements of paragraphs (3), (4), 
     and (5) shall not apply to a commercial vessel if--
       (i) complying with such requirements would compromise the 
     safety of the commercial vessel;
       (ii) design limitations of the commercial vessel prevent 
     ballast water exchange or saltwater flush from being 
     conducted;
       (iii) the commercial vessel is certified by the Secretary 
     as having no residual ballast water or sediments on board or 
     retains all its ballast water while in waters subject to such 
     requirements; or
       (iv) empty ballast tanks on the commercial vessel are 
     sealed and certified by the Secretary so there is no 
     discharge or uptake and subsequent discharge of ballast 
     waters subject to such requirements.
       (B) Additional exemptions.--The requirements of paragraphs 
     (3) and (4) shall not apply to a commercial vessel if the 
     commercial vessel uses a method of ballast water management 
     approved by the Coast Guard under section __05 of this title 
     or subpart 162.060 of title 46, Code of Federal Regulations 
     (or similar successor regulations).
       (7) Safety exemption.--Notwithstanding paragraphs (1) 
     through (6), an owner or operator of a commercial vessel may 
     discharge ballast water into navigable waters of the United 
     States from a commercial vessel if--
       (A) the ballast water is discharged solely to ensure the 
     safety of life at sea;
       (B) the ballast water is discharged accidentally as the 
     result of damage to the commercial vessel or its equipment 
     and--
       (i) all reasonable precautions to prevent or minimize the 
     discharge have been taken; and
       (ii) the owner or operator did not willfully or recklessly 
     cause such damage; or
       (C) the ballast water is discharged solely for the purpose 
     of avoiding or minimizing a discharge from the commercial 
     vessel of a pollutant that would violate a Federal or State 
     law.
       (8) Logbook requirements.--Section 11301(b) of title 46, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(13) when a commercial vessel does not carry out ballast 
     water management requirements as applicable and pursuant to 
     regulations promulgated and issued by the Secretary, 
     including when such a vessel fails to carry out ballast water 
     management requirements due to an allowed safety exemption, a 
     statement about the failure to comply and the circumstances 
     under which the failure occurred, made immediately after when 
     practicable to do so.''.
       (9) Limitation of requirements.--In establishing 
     requirements under this subsection, the Secretary may not 
     require the installation of a ballast water management system 
     on a commercial vessel that--
       (A) carries all of its ballast water in sealed tanks that--
       (i) are not subject to discharge;

[[Page S712]]

       (ii) have been certified by the Secretary; and
       (iii) have been noted in the commercial vessel logbook; or
       (B) discharges ballast water solely into a reception 
     facility described in subsection (d).
       (b) Applicability.--
       (1) Covered vessels.--Except as provided in paragraphs (2) 
     and (3), subsection (a) shall apply to any commercial vessel 
     that is designed, constructed, or adapted to carry ballast 
     water while such commercial vessel is operating in navigable 
     waters of the United States.
       (2) Exempted vessels.--Subsection (a) shall not apply to a 
     commercial vessel--
       (A) that continuously takes on and discharges ballast water 
     in a flow-through system, if such system does not introduce 
     aquatic nuisance species into navigable waters of the United 
     States, as determined by the Secretary;
       (B) in the National Defense Reserve Fleet that is scheduled 
     for disposal, if the vessel does not have ballast water 
     management systems or the ballast water management systems of 
     the vessel are inoperable;
       (C) that discharges ballast water consisting solely of 
     water taken aboard from a public or commercial source that, 
     at the time the water is taken aboard, meets the applicable 
     regulations or permit requirements for such source under the 
     Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (D) in an alternative compliance program established 
     pursuant to subsection (c);
       (E) that carries all of its permanent ballast water in 
     sealed tanks that are not subject to discharge; or
       (F) uses other liquid or material as ballast and does not 
     discharge ballast overboard.
       (3) Vessels operating exclusively within the great lakes 
     and saint lawrence river.--
       (A) In general.--A commercial vessel that operates 
     exclusively within the Great Lakes and Saint Lawrence River 
     shall be subject to subsection (a).
       (B) Transition.--Notwithstanding subparagraph (A), a 
     commercial vessel that operates exclusively within the Great 
     Lakes and Saint Lawrence River that is not required to comply 
     with the ballast water discharge standard on the day before 
     the date of enactment of this Act shall transition into 
     compliance with subsection (a) under the special rules 
     established in subparagraph (C) of this subsection:
       (C) Special rules.--The Secretary shall require a class of 
     commercial vessels described in subparagraph (B) of this 
     subsection to comply with subsection (a) only if the 
     Secretary--
       (i) approves a ballast water management system for such 
     class of commercial vessels under section __05 of this title 
     or subpart 162.060 of title 46, Code of Federal Regulations 
     (or similar successor regulation);
       (ii) determines that such ballast water management system 
     meets the operationally practicable criteria described in 
     section __06 with respect to such class of commercial vessels 
     complying with the ballast water discharge standard;
       (iii) determines that requiring such class of commercial 
     vessels to comply with the ballast water discharge standard 
     is operationally practicable for such class of commercial 
     vessels; and
       (iv) in coordination with the Administrator, conducts a 
     probabilistic assessment of the benefits to the environment 
     and the costs to industry of compliance with subsection (a) 
     by such class of commercial vessels and determines that such 
     benefits exceed such costs.
       (D) Reconsideration.--If the Secretary determines under 
     subparagraph (C)(iv) that such benefits do not exceed such 
     costs, the Secretary, in coordination with the Administrator, 
     shall reconsider the determination of the Secretary under 
     that subparagraph--
       (i) if a petition is received from a Governor of a Great 
     Lakes State that--

       (I) includes new data or science not considered during such 
     determination; and
       (II) is submitted not less than 1 year after the date of 
     such determination; or

       (ii) not later than 5 years after the date of such 
     determination.
       (E) Compliance deadline.--A class of commercial vessels 
     that is required by the Secretary to comply with subsection 
     (a) under the special rules established by subparagraph (C) 
     of this subsection shall comply with the ballast water 
     discharge standard--
       (i) after completion of the first scheduled vessel dry 
     docking that commences on or after the date that is 3 years 
     after the date that the Secretary requires compliance under 
     subparagraph (C), for a vessel built on or before the date 
     that is 3 years after date the Secretary terminates such 
     exemption; or
       (ii) upon entry into the navigable waters of the United 
     States for a vessel that is built after the date that is 3 
     years after the date the Secretary requires compliance under 
     subparagraph (C) for such class of vessels.
       (F) Report.--Not less than 60 days after a determination by 
     the Secretary under subparagraph (C)(iv), the Secretary shall 
     provide a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives describing how the costs were considered in 
     the assessment required by that subparagraph.
       (c) Reception Facilities; Transfer Standards.--The 
     Secretary, in coordination with the Administrator, may 
     promulgate standards for the arrangements necessary on a 
     vessel to transfer ballast water to a facility.

     SEC. __05. APPROVAL OF BALLAST WATER MANAGEMENT SYSTEMS.

       (a) Ballast Water Management Systems That Render Organisms 
     Nonviable.--Notwithstanding chapter 5 of title 5, United 
     States Code, part 151 of title 33, Code of Federal 
     Regulations (or similar successor regulations), and part 162 
     of title 46, Code of Federal Regulations (or similar 
     successor regulations), a ballast water management system 
     that renders nonviable organisms in ballast water at the 
     concentrations prescribed in the ballast water discharge 
     standard shall be approved by the Secretary, if--
       (1) such system--
       (A) undergoes type approval testing at an independent 
     laboratory designated by the Secretary under such 
     regulations; and
       (B) meets the requirements of subpart 162.060 of title 46, 
     Code of Federal Regulations (or similar successor 
     regulations), other than the requirements related to staining 
     methods or measuring the concentration of living organisms; 
     and
       (2) such laboratory uses a testing method described in a 
     final policy letter published under subsection (c)(3).
       (b) Prohibition on Biocides.--The Secretary shall not 
     approve a ballast water management system under subsection 
     (a) or subpart 162.060 of title 46, Code of Federal 
     Regulations (or similar successor regulations), if such 
     system--
       (1) uses a biocide or generates a biocide that is a 
     pesticide, as defined in section 2 of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136), 
     unless the biocide is registered under that Act or the 
     Administrator has approved the use of the biocide in such 
     ballast water management system; or
       (2) uses or generates a biocide the discharge of which 
     causes or contributes to a violation of a water quality 
     standard under section 303 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1313).
       (c) Approval Testing Methods.--
       (1) Draft policy.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the Administrator, shall publish a draft policy letter, 
     based on the best available science, describing type approval 
     testing methods and protocols for ballast water management 
     systems that may be used in addition to the methods 
     established in subpart 162.060 of title 46, Code of Federal 
     Regulations (or similar successor regulations)--
       (A) to measure the concentration of organisms in ballast 
     water that are capable of reproduction;
       (B) to certify the performance of each ballast water 
     management system under this section; and
       (C) to certify laboratories to evaluate such treatment 
     technologies.
       (2) Public comment.--The Secretary shall provide for a 
     period of not more than 60 days for the public to comment on 
     the draft policy letter published under paragraph (1).
       (3) Final policy.--
       (A) In general.--Not later than 150 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the Administrator, shall publish a final policy letter 
     describing type approval testing methods for ballast water 
     management systems capable of measuring the concentration of 
     organisms in ballast water that are capable of reproduction 
     based on the best available science that may be used in 
     addition to the methods established in subpart 162.060 of 
     title 46, Code of Federal Regulations (or similar successor 
     regulations).
       (B) Revisions.--The Secretary shall revise the final policy 
     letter published under subparagraph (A) as additional testing 
     methods are determined by the Secretary, in coordination with 
     the Administrator, to be capable of measuring the 
     concentration of organisms in ballast water that are capable 
     of reproduction.
       (C) Considerations.--In developing a policy letter under 
     this paragraph, the Secretary, in coordination with the 
     Administrator--
       (i) shall consider a testing method that uses organism grow 
     out and most probable number statistical analysis to 
     determine the concentration of organisms in ballast water 
     that are capable of reproduction; and
       (ii) shall not consider a testing method that relies on a 
     staining method that measures the concentration of organisms 
     greater than or equal to 10 micrometers and organisms less 
     than or equal to 50 micrometers.

     SEC. __06. REVIEW AND RAISING OF BALLAST WATER DISCHARGE 
                   STANDARD.

       (a) Stringency Reviews.--
       (1) Six-year review.--
       (A) In general.--Not later than January 1, 2024, and 
     subject to petitions for review under paragraph (3), the 
     Secretary, in concurrence with the Administrator, shall 
     complete a review to determine whether, based on the 
     application of the best available technology economically 
     achievable and operationally practicable, the ballast water 
     discharge standard can be revised such that ballast water 
     discharged in the normal operation of a vessel contains--
       (i) less than 1 organism that is living or has not been 
     rendered nonviable per 10 cubic meters that is 50 or more 
     micrometers in minimum dimension;
       (ii) less than 1 organism that is living or has not been 
     rendered nonviable per 10 milliliters that is less than 50 
     micrometers in

[[Page S713]]

     minimum dimension and more than 10 micrometers in minimum 
     dimension;
       (iii) concentrations of indicator microbes that are less 
     than--

       (I) 1 colony-forming unit of toxicogenic Vibrio cholera 
     (serotypes O1 and O139) per 100 milliliters or less than 1 
     colony-forming unit of that microbe per gram of wet weight of 
     zoological samples;
       (II) 126 colony-forming units of escherichia coli per 100 
     milliliters; and
       (III) 33 colony-forming units of intestinal enterococci per 
     100 milliliters; and

       (iv) concentrations of such additional indicator microbes 
     and of viruses as may be specified in regulations issued by 
     the Secretary, in consultation with the Administrator and 
     such other Federal agencies as the Secretary and the 
     Administrator consider appropriate.
       (B) Alternative revised standard.--If the Secretary, in 
     concurrence with the Administrator, finds--
       (i) that the ballast water discharge standard cannot be 
     revised to reflect the level of stringency set forth in 
     subparagraph (A), the Secretary, in concurrence with the 
     Administrator, shall determine whether the application of the 
     best available technology economically achievable and 
     operationally practicable would result in a reduction of the 
     risk of introduction or establishment of aquatic nuisance 
     species such that the ballast water discharge standard can be 
     revised to be more stringent than the standard set forth in 
     section 151.2030 or 151.1511 of title 33, Code of Federal 
     Regulations, as in effect on the date of the enactment of 
     this Act; or
       (ii) that the application of best available technology 
     economically achievable and operationally practicable would 
     result in a reduction of the risk of introduction or 
     establishment of aquatic nuisance species such that the 
     ballast water discharge standard can be revised to be more 
     stringent than the standard under subparagraph (A) with 
     respect to a class of vessels, the Secretary, in concurrence 
     with the Administrator, shall determine which revisions to 
     the ballast water discharge standard shall be made for that 
     class of vessels to incorporate such more stringent standard.
       (C) Operationally practicable.--In determining operational 
     practicability under this subsection, the Secretary, in 
     concurrence with the Administrator, shall consider--
       (i) whether a ballast water management system is--

       (I) effective and reliable in the shipboard environment;
       (II) compatible with the design and operation of a 
     commercial vessel by class, type, and size;
       (III) commercially available; and
       (IV) safe;

       (ii) whether testing protocols can be practicably 
     implemented that can assure accurate measurement of 
     compliance with the ballast water discharge standard as 
     proposed to be revised; and
       (iii) other criteria that the Secretary, in concurrence 
     with Administrator, considers appropriate.
       (2) Ten-year reviews.--Not later than January 1, 2034, not 
     less frequently than every 10 years thereafter, and subject 
     to petitions for review under paragraph (3), the Secretary, 
     in concurrence with the Administrator, shall conduct a review 
     to determine whether the application of the best available 
     technology economically achievable and operationally 
     practicable as described in paragraph (1)(C) results in a 
     reduction in the risk of the introduction or establishment of 
     aquatic nuisance species such that the ballast water 
     discharge standard can be revised to be more stringent.
       (3) State petitions for review.--
       (A) In general.--The Governor of a State may submit a 
     petition requesting the Secretary to conduct a review under 
     paragraph (1) or (2) if there is new information that could 
     reasonably indicate the ballast water discharge standard 
     could be made more stringent to reduce the risk of the 
     introduction or establishment of aquatic nuisance species.
       (B) Timing.--A Governor may not submit a petition under 
     subparagraph (A) during the 1-year period following the date 
     of completion of a review under paragraph (1) or (2).
       (C) Required information.--A petition submitted to the 
     Secretary under subparagraph (A) shall include--
       (i) a proposed ballast water discharge standard that would 
     result in a reduction in the risk of the introduction or 
     establishment of aquatic nuisance species;
       (ii) information regarding any ballast water management 
     systems that may achieve the proposed ballast water discharge 
     standard;
       (iii) the scientific and technical information on which the 
     petition is based, including a description of the risk 
     reduction that would result from the proposed ballast water 
     discharge standard included under clause (i); and
       (iv) any additional information the Secretary considers 
     appropriate.
       (D) Public availability.--Upon receiving a petition under 
     subparagraph (A), the Secretary shall make publicly available 
     a copy of the petition, including the information included 
     under subparagraph (C).
       (E) Treatment of more than one petition as a single 
     petition.--The Secretary may treat more than one petition 
     submitted under subparagraph (A) as a single such petition.
       (F) Authority to review.--After receiving a petition that 
     meets the requirements of this paragraph, the Secretary, in 
     concurrence with the Administrator, may conduct a review 
     under paragraph (1) or (2) as the Secretary, in concurrence 
     with the Administrator, determines appropriate.
       (4) Issuance of revised ballast water discharge standard.--
     The Secretary shall issue a rule to revise the ballast water 
     discharge standard if the Secretary, in concurrence with the 
     Administrator, determines on the basis of the review under 
     paragraph (1) or (2) that--
       (A) a ballast water management system that is capable of 
     achieving the ballast water discharge standard as proposed to 
     be revised is the best available technology economically 
     achievable and operationally practicable; and
       (B) testing protocols can be practicably implemented that 
     can assure accurate measurement of compliance with the 
     ballast water discharge standard as proposed to be revised.
       (5) Requirement.--Any revised ballast water discharge 
     standard issued in the rule under paragraph (4) shall be more 
     stringent than the ballast water discharge standard it 
     replaces.
       (6) Standard not revised.--If the Secretary, in concurrence 
     with the Administrator, determines that the requirements of 
     this subsection have not been satisfied, the Secretary shall 
     publish a description of how such determination was made.
       (b) Revised Ballast Water Discharge Standard Effective Date 
     and Compliance Deadline.--
       (1) In general.--If the Secretary issues a rule to revise 
     the ballast water discharge standard under subsection (a), 
     the Secretary shall include in such rule--
       (A) an effective date for the revised ballast discharge 
     standard that is 3 years after the date on which such rule is 
     published in the Federal Register; and
       (B) for the owner or operator of a commercial vessel that 
     is constructed or completes a major conversion on or after 
     the date that is 3 years after the date on which such rule is 
     published in the Federal Register, a deadline to comply with 
     the revised ballast water discharge standard that is the 
     first day on which such commercial vessel operates in 
     navigable waters of the United States.
       (2) Vessel specific compliance deadlines.--The Secretary 
     may establish a deadline for compliance by a commercial 
     vessel (or a class, type, or size of commercial vessel) with 
     a revised ballast water discharge standard that is different 
     than the general deadline established under paragraph (1).
       (3) Extensions.--The Secretary shall establish a process 
     for an owner or operator to submit an application to the 
     Secretary for an extension of a compliance deadline 
     established under paragraphs (1) and (2).
       (4) Application for extension.--An owner or operator shall 
     submit an application for an extension under paragraph (3) 
     not less than 90 days prior to the applicable compliance 
     deadline established under paragraph (1) or (2).
       (5) Factors.--In reviewing an application under this 
     subsection, the Secretary shall consider, with respect to the 
     ability of an owner or operator to meet a compliance 
     deadline--
       (A) whether the ballast water management system to be 
     installed, if applicable, is available in sufficient 
     quantities to meet the compliance deadline;
       (B) whether there is sufficient shipyard or other 
     installation facility capacity;
       (C) whether there is sufficient availability of engineering 
     and design resources;
       (D) commercial vessel characteristics, such as engine room 
     size, layout, or a lack of installed piping;
       (E) electric power generating capacity aboard the 
     commercial vessel;
       (F) the safety of the commercial vessel and crew; and
       (G) any other factor that the Secretary determines 
     appropriate.
       (6) Consideration of extensions.--
       (A) Determinations.--The Secretary shall approve or deny an 
     application for an extension of a compliance deadline 
     submitted by an owner or operator under this subsection.
       (B) Deadline.--The Secretary shall--
       (i) acknowledge receipt of an application for an extension 
     submitted under paragraph (4) not later than 30 days after 
     the date of receipt of the application; and
       (ii) to the extent practicable, approve or deny such an 
     application not later than 90 days after the date of receipt 
     of the application.
       (C) Failure to review.--If the Secretary does not approve 
     or deny an application described in subparagraph (A) on or 
     before the last day of the 90-day period beginning on the 
     date of submission of the petition, the petition shall be 
     conditionally approved.
       (7) Period of extensions.--An extension granted to an owner 
     or operator under paragraph (3)--
       (A) may be granted for an initial period of not more than 
     18 months;
       (B) may be renewed for additional periods of not more than 
     18 months each; and
       (C) may not be in effect for a total of more than 5 years.
       (8) Period of use of installed ballast water management 
     system.--
       (A) In general.--Subject to subparagraph (B), an owner or 
     operator shall be considered to be in compliance with the 
     ballast water discharge standard if--
       (i) the ballast water management system installed on the 
     commercial vessel complies

[[Page S714]]

     with the ballast water discharge standard in effect at the 
     time of installation, notwithstanding any revisions to the 
     ballast water discharge standard occurring after the 
     installation;
       (ii) the ballast water management system is maintained in 
     proper working condition, as determined by the Secretary;
       (iii) the ballast water management system is maintained and 
     used in accordance with the manufacturer's specifications; 
     and
       (iv) the ballast water management system continues to meet 
     the ballast water discharge standard applicable to the 
     commercial vessel at the time of installation, as determined 
     by the Secretary.
       (B) Limitation.--Subparagraph (A) shall cease to apply with 
     respect to a commercial vessel after--
       (i) the expiration of the service life of the ballast water 
     management system of the commercial vessel, as determined by 
     the Secretary;
       (ii) the expiration of the service life of the commercial 
     vessel, as determined by the Secretary; or
       (iii) the completion of a major conversion of the 
     commercial vessel.

     SEC. __07. NATIONAL BALLAST INFORMATION CLEARINGHOUSE.

       Subsection (f) of section 1102 of the Nonindigenous Aquatic 
     Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
     4712(f)) is amended to read as follows:
       ``(f) National Ballast Information Clearinghouse.--
       ``(1) In general.--The Secretary shall develop and 
     maintain, in consultation and cooperation with the Task Force 
     and the Smithsonian Institution (acting through the 
     Smithsonian Environmental Research Center), a National 
     Ballast Information Clearinghouse of national data 
     concerning--
       ``(A) ballasting practices;
       ``(B) compliance with the guidelines issued pursuant to 
     section 1101(c); and
       ``(C) any other information obtained by the Task Force 
     pursuant to subsection (b).
       ``(2) Ballast water reporting requirements.--
       ``(A) In general.--The owner or operator of a commercial 
     vessel subject to this title shall submit the current ballast 
     water management report form approved by the Office of 
     Management and Budget (OMB 1625-0069 or a subsequent form) to 
     the National Ballast Information Clearinghouse not later than 
     6 hours after the arrival of such vessel at a United States 
     port or place, unless such vessel is operating exclusively on 
     a voyage between ports or places within a single Captain of 
     the Port Zone.
       ``(B) Multiple discharges within a single port.--The owner 
     or operator of a commercial vessel subject to this title may 
     submit a single report under subparagraph (A) for multiple 
     ballast water discharges within a single port during the same 
     voyage.
       ``(C) Advanced report to states.--A State may require the 
     owner or operator of a commercial vessel subject to this 
     title to submit directly to the State a ballast water 
     management report form--
       ``(i) not later than 24 hours prior to arrival at a United 
     States port or place of destination if the voyage of such 
     vessel is anticipated to exceed 24 hours; or
       ``(ii) before departing the port or place of departure if 
     the voyage of such vessel is not anticipated to exceed 24 
     hours.
       ``(3) Commercial vessel reporting data.--
       ``(A) Dissemination to states.--Upon receiving submission 
     of a ballast water management report required under paragraph 
     (2), the National Ballast Information Clearinghouse shall--
       ``(i) in the case of forms submitted electronically, 
     immediately disseminate the report to interested States; or
       ``(ii) in the case of forms submitted by means other than 
     electronically, disseminate the report to interested States 
     as soon as practicable.
       ``(B) Availability to the public.--Not later than 30 days 
     after the date of the receipt of a ballast water management 
     report required under paragraph (2), the National Ballast 
     Information Clearinghouse shall make the data in such report 
     fully and readily available to the public in searchable and 
     fully retrievable electronic formats.
       ``(4) Report.--In consultation and cooperation with the 
     Task Force and the Smithsonian Institution (acting through 
     the Smithsonian Environmental Research Center), the Secretary 
     shall prepare and submit to the Task Force and the 
     appropriate committees of Congress and make available to the 
     public, on a biennial basis not later than 180 days from the 
     end of each odd numbered calendar year, a report that 
     synthesizes and analyzes the data referred to in paragraph 
     (1) for the previous 2 years to evaluate nationwide status 
     and trends relating to--
       ``(A) ballast water delivery and management; and
       ``(B) invasions of aquatic nuisance species resulting from 
     ballast water.
       ``(5) Working group.--Not later than 1 year after the date 
     of the enactment of the Vessel Incidental Discharge Act, the 
     Secretary shall establish a working group that includes 
     members from the National Ballast Information Clearinghouse 
     and States with ballast water management programs to 
     establish a process for compiling and readily sharing Federal 
     and State commercial vessel reporting and enforcement data 
     regarding compliance with this Act.
       ``(6) Appropriate committees of congress defined.--In this 
     subsection, the term `appropriate committees of Congress' 
     means the Committee on Commerce, Science, and Transportation 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives.''.

     SEC. __08. REQUIREMENTS FOR DISCHARGES INCIDENTAL TO THE 
                   NORMAL OPERATION OF A COMMERCIAL VESSEL.

       (a) Management of Incidental Discharge for Commercial 
     Vessels.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary, in concurrence with 
     the Administrator and in consultation with the States, shall 
     publish a final rule in the Federal Register that establishes 
     best management practices for discharges incidental to the 
     normal operation of a commercial vessel for commercial 
     vessels that--
       (A) are greater than or equal to 79 feet in length;
       (B) are not fishing vessels, including fish processing 
     vessels and fish tender vessels (as such terms are defined in 
     section 2101 of title 46, United States Code); and
       (C) are not subject to the best management practices 
     required under section __09.
       (2) Elements.--The best management practices established 
     under paragraph (1) shall--
       (A) mitigate the adverse impacts on the marine environment 
     from discharges incidental to the normal operation of a 
     commercial vessel and aquatic invasive species;
       (B) use marine pollution control devices when appropriate;
       (C) be economically achievable and operationally 
     practicable; and
       (D) not compromise the safety of a commercial vessel.
       (3) Implementation.--The Secretary shall implement the best 
     management practices established by final rule under 
     paragraph (1) not later than 60 days after the date on which 
     the final rule is published in the Federal Register as 
     required under such paragraph.
       (b) Transition.--
       (1) In general.--Except as provided in section __09(c) and 
     notwithstanding the expiration date for the General Permit, 
     any practice, limitation, or concentration applicable to any 
     discharge incidental to the normal operation of a commercial 
     vessel that is required by the General Permit on the date of 
     the enactment of this Act, and any reporting requirement 
     required by the General Permit on such date of enactment, 
     shall remain in effect until the implementation date under 
     subsection (a)(3).
       (2) Part 6 conditions.--Except as provided in section 
     __09(c) and notwithstanding paragraph (1) and any other 
     provision of law, the terms and conditions of Part 6 of the 
     General Permit (relating to specific requirements for 
     individual States or Indian country lands) shall expire on 
     the implementation date under subsection (a)(3).
       (c) Application to Certain Vessels.--
       (1) Application of federal water pollution control act.--No 
     permit shall be required under section 402 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1342) or prohibition 
     enforced under any other provision of law for, nor shall any 
     best management practice regarding a discharge incidental to 
     the normal operation of a commercial vessel under this title 
     apply to, a discharge incidental to the normal operation of a 
     commercial vessel if the commercial vessel--
       (A) is less than 79 feet in length; or
       (B) is a fishing vessel, including a fish processing vessel 
     or fish tender vessel (as such terms are defined in section 
     2101 of title 46, United States Code).
       (2) Application of general permit and small vessel general 
     permit.--The terms and conditions of the General Permit and 
     the Small Vessel General Permit shall cease to apply to 
     vessels described in subparagraphs (A) and (B) of paragraph 
     (1) on and after the date of the enactment of this Act.
       (d) Review and Revision.--The Secretary, in concurrence 
     with the Administrator and in consultation with the States, 
     shall--
       (1) review the practices and standards established under 
     subsection (a) not less frequently than once every 10 years; 
     and
       (2) revise such practices consistent with the elements 
     described in paragraph (2) of such subsection.
       (e) State Petition for Revision of Best Management 
     Practices.--
       (1) In general.--The Governor of a State may submit a 
     petition to the Secretary requesting that the Secretary, in 
     concurrence with the Administrator, revise a best management 
     practice established under subsection (a) if there is new 
     information that could reasonably indicate that--
       (A) revising the best management practice would--
       (i) mitigate the adverse impacts on the marine environment 
     from discharges incidental to the normal operation of a 
     commercial vessel or from aquatic invasive species; and
       (ii) reduce the adverse effects on navigable waters of the 
     United States of discharges incidental to the normal 
     operation of a commercial vessel; and
       (B) the revised best management practice would be 
     economically achievable and operationally practicable.
       (2) Required information.--A petition submitted to the 
     Secretary under paragraph (1) shall include--
       (A) the scientific and technical information on which the 
     petition is based; and
       (B) any additional information the Secretary and 
     Administrator consider appropriate.

[[Page S715]]

       (3) Public availability.--Upon receiving a petition under 
     paragraph (1), the Secretary shall make publicly available a 
     copy of the petition, including the information included 
     under paragraph (2).
       (4) Treatment of more than one petition as a single 
     petition.--The Secretary may treat more than one petition 
     submitted under paragraph (1) as a single petition.
       (5) Revision of best management practices.--If, after 
     reviewing a petition submitted by a Governor under paragraph 
     (1), the Secretary, in concurrence with the Administrator, 
     determines that revising a best management practice would 
     mitigate the adverse impacts on the marine environment from 
     discharges incidental to the normal operation of a commercial 
     vessel or from aquatic invasive species, the Secretary, in 
     concurrence with the Administrator and in consultation with 
     the States, shall revise such practice consistent with the 
     elements described in subsection (a)(2).
       (f) Repeal of No Permit Requirement.--Public Law 110-299 
     (33 U.S.C. 1342 note) is amended by striking section 2.

     SEC. __09. BEST MANAGEMENT PRACTICES FOR GREAT LAKES VESSELS.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, in concurrence with the 
     Administrator, shall publish a final rule in the Federal 
     Register that establishes best management practices for--
       (1) ballast water for commercial vessels operating in 
     navigable waters of the United States within the Great Lakes 
     and Saint Lawrence River; and
       (2) discharges incidental to the normal operation of a 
     commercial vessel in navigable waters of the United States 
     for commercial vessels operating in the Great Lakes and Saint 
     Lawrence River that--
       (A) are greater than or equal to 79 feet in length; and
       (B) are not fishing vessels, including fish processing 
     vessels and fish tender vessels (as such terms are defined in 
     section 2101 of title 46, United States Code).
       (b) Elements.--The Secretary, in concurrence with the 
     Administrator and in consultation with the Governors of the 
     Great Lakes States and the owners or operators of commercial 
     vessels described in subsection (a), shall ensure that the 
     best management practices established under subsection (a)--
       (1) mitigate the adverse impacts on the marine environment 
     from discharges incidental to the normal operation of a 
     commercial vessel and aquatic invasive species;
       (2) use marine pollution control devices when appropriate;
       (3) are economically achievable and operationally 
     practicable;
       (4) do not compromise the safety of a commercial vessel; 
     and
       (5) to the extent possible, apply consistently to all 
     navigable waters of the United States within the Great Lakes 
     and Saint Lawrence River.
       (c) Transition.--
       (1) In general.--Notwithstanding the expiration date for 
     the General Permit and to the extent to which they do not 
     conflict with section __04(b), the following best management 
     practices applicable to commercial vessels described in 
     subsection (a) shall remain in effect until the date on which 
     the best management practices described in such subsection 
     are implemented under subsection (g)(1):
       (A) Best management practices required by Part 2 of the 
     General Permit.
       (B) Such other practices as required by the Secretary.
       (2) Part 6 best management practices.--Notwithstanding the 
     expiration date for the General Permit and to the extent to 
     which they do not conflict with section __04(b), the best 
     management practices described by the sections in Part 6 of 
     the General Permit applicable to the Great Lakes States that 
     are applicable to commercial vessels described in subsection 
     (a) shall expire on the date on which the best management 
     practices described in subsection (a) are implemented under 
     subsection (g)(1).
       (d) Outreach.--The Secretary shall solicit recommendations 
     and information from the Great Lakes States, Indian Tribes, 
     owners and operators of vessels described in subsection (a), 
     and other persons that the Secretary considers appropriate in 
     developing best management practices under subsection (a).
       (e) Review and Revision of Best Practices.--Not less 
     frequently than once every 5 years, the Secretary, in 
     coordination with the Administrator, shall review the best 
     management practices established under subsection (a) and 
     revise such practices by rule published in the Federal 
     Register consistent with subsections (b) and (d).
       (f) Revised Practices by State Petition.--
       (1) In general.--The Governor of a Great Lakes State may 
     petition the Secretary to revise the best management 
     practices established under subsection (a), including by 
     employing additional best management practices, consistent 
     with the elements described in subsection (b), to address new 
     and emerging aquatic nuisance species or pollution threats, 
     implement more effective practices, or update guidelines to 
     harmonize requirements on owners and operators of commercial 
     vessels described in subsection (a).
       (2) Determination.--
       (A) In general.--Not later than 180 days after receiving a 
     petition under paragraph (1), the Secretary, in coordination 
     with the Administrator, shall determine which, if any, best 
     management practices included in such petition shall be 
     required of commercial vessels described in subsection (a).
       (B) Consultation.--The Secretary shall consult with the 
     Governors of other Great Lakes States and owners or operators 
     of commercial vessels that would be subject to best 
     management practices pursuant to paragraph (1) before making 
     a determination under subparagraph (A).
       (3) Treatment of petition.--The Secretary may treat more 
     than one petition submitted under paragraph (1) as a single 
     petition.
       (4) Public availability.--The Secretary shall make publicly 
     available a petition and any supporting documentation 
     submitted under paragraph (1) for not less than 60 days prior 
     to approving or disapproving such petition.
       (g) Implementation.--
       (1) In general.--The Secretary shall implement the best 
     management practices established by final rule under 
     subsection (a) not later than 60 days after the date on which 
     the final rule is published in the Federal Register as 
     required by such subsection.
       (2) Implementation of practices by state petition.--Not 
     later than 90 days after making a determination under 
     subsection (f)(2), the Secretary shall, by rule published in 
     the Federal Register, require commercial vessels that would 
     be subject to the revised best management practices described 
     in such subsection to implement such practices.
       (h) Emergency Best Management Practices.--The Secretary, in 
     concurrence with the Administrator, may establish emergency 
     best management practices if the Secretary, in concurrence 
     with the Administrator, determines that such emergency best 
     management practices are necessary to reduce the risk of 
     introduction or establishment of aquatic nuisance species.
       (i) Public Availability.--The Secretary shall make publicly 
     available any determination made under this section.

     SEC. __10. JUDICIAL REVIEW.

       (a) In General.--A person may file a petition for review of 
     a final rule or a final agency action issued under this title 
     in the United States Court of Appeals for the District of 
     Columbia Circuit.
       (b) Deadline.--
       (1) In general.--A petition shall be filed under this 
     section not later than 120 days after the date on which the 
     final rule to be reviewed is published in the Federal 
     Register or the final agency action is issued, as the case 
     may be.
       (2) Exception.--Notwithstanding paragraph (1), a petition 
     that is based solely on grounds that arise after the deadline 
     to file a petition under paragraph (1) has passed may be 
     filed not later than 120 days after the date on which such 
     grounds first arise.

     SEC. __11. STATE ENFORCEMENT.

       (a) State Authorities.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the Governors of the States, shall develop and publish 
     Federal and State inspection, data management, and 
     enforcement procedures for the enforcement of standards and 
     requirements under this title by States.
       (2) Procedures.--Procedures developed and published under 
     paragraph (1)--
       (A) may be periodically updated;
       (B) shall describe the conditions and procedures under 
     which the Secretary may suspend the agreement described in 
     paragraph (3); and
       (C) shall have a mechanism for the Secretary to provide to 
     the Governor of a State, if requested by the Governor, access 
     to Automated Identification System arrival data for inbound 
     vessels to specific ports or places of destination in the 
     State.
       (3) State enforcement.--The Secretary shall enter into an 
     agreement with the Governor of a State to authorize the State 
     to inspect vessels to enforce the provisions of this title in 
     accordance with the procedures developed under paragraph (1).
       (b) Fees.--
       (1) In general.--Subject to paragraphs (2), (3), and (4), a 
     State that assesses a permit fee, inspection fee, or other 
     fee related to the regulation of ballast water or a discharge 
     incidental to the normal operation of a commercial vessel 
     before the date of the enactment of this Act may assess a fee 
     to cover the costs of program administration, inspection, and 
     enforcement activities by the State.
       (2) Maximum fee.--Except as provided in paragraph (3), a 
     State may assess a fee under this subsection of not more than 
     $1,000 per qualifying voyage to the owner or operator of a 
     commercial vessel arriving at a port or place of destination 
     in the State.
       (3) Commercial vessels engaged in coastwise trade.--A State 
     may not assess more than $5,000 in fees per vessel each year 
     to the owner or operator of a commercial vessel registered 
     under the laws of the United States and lawfully engaged in 
     the coastwise trade.
       (4) Adjustment for inflation.--A State may adjust a fee 
     authorized by this subsection every 5 years to reflect the 
     percentage by which the Consumer Price Index for all urban 
     consumers published by the Department of Labor for the month 
     of October immediately preceding the date of adjustment 
     exceeds the Consumer Price Index for all urban consumers 
     published by the Department of Labor for the month of October 
     that immediately precedes the date that is 5 years before the 
     date of adjustment.

[[Page S716]]

       (5) Qualifying voyage.--In this subsection, the term 
     ``qualifying voyage'' means a vessel arrival at a port or 
     place of destination in a State by a commercial vessel that 
     has operated outside of that State and excludes movement 
     entirely within a single port or place of destination.
       (c) Effect on State Authority.--Except as provided in 
     subsection (a) and as necessary to implement an agreement 
     entered into under such subsection, no State or political 
     subdivision thereof may adopt or enforce any statute, 
     regulation, or other requirement of the State or political 
     subdivision with respect to--
       (1) a discharge into navigable waters of the United States 
     from a commercial vessel of ballast water; or
       (2) a discharge into navigable waters of the United States 
     incidental to the normal operation of a commercial vessel.
       (d) Preservation of Authority.--Nothing in this title may 
     be construed as affecting the authority of a State or 
     political subdivision thereof to adopt or enforce any 
     statute, regulation, or other requirement with respect to any 
     water or other substance discharged or emitted from a vessel 
     in preparation for transport of the vessel by land from one 
     body of water to another body of water.

     SEC. __12. EFFECT ON OTHER LAWS.

       (a) Application of Federal Water Pollution Control Act.--
       (1) In general.--Except as provided in sections __08(b) and 
     __09(c) of this title, or in section 159.309 of title 33, 
     Code of Federal Regulations (or similar successor 
     regulations), on and after the date of the enactment of this 
     Act, section 402 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1342) shall not apply to a discharge into 
     navigable waters of the United States of ballast water from a 
     commercial vessel or a discharge incidental to the normal 
     operation of a commercial vessel.
       (2) Oil and hazardous substance liability; marine 
     sanitation devices.--Nothing in this title may be construed 
     as affecting the application to a commercial vessel of 
     section 311 or 312 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1321; 1322).
       (b) Established Regimes.--Notwithstanding any other 
     provision of this title, nothing in this title may be 
     construed as affecting the authority of the Federal 
     Government under--
       (1) the Act to Prevent Pollution from Ships (33 U.S.C. 1901 
     et seq.) with respect to the regulation by the Federal 
     Government of any discharge or emission that, on or after the 
     date of the enactment of this Act, is covered under--
       (A) the Protocol of 1978 Relating to the International 
     Convention for the Prevention of Pollution from Ships, 1973, 
     with annexes and protocols, done at London February 17, 1978; 
     or
       (B) title XIV of division B of the Consolidated 
     Appropriations Act, 2001 (33 U.S.C. 1901 note);
       (2) title X of the Coast Guard Authorization Act of 2010 
     (33 U.S.C. 3801 et seq.) with respect to the regulation by 
     the Federal Government of any anti-fouling system that, on or 
     after the date of the enactment of this Act, is covered under 
     the International Convention on the Control of Harmful Anti-
     fouling Systems on Ships, 2001, done at London October 5, 
     2001; and
       (3) section 312 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1322).
       (c) International Law.--Any action taken under this title 
     shall be taken in accordance with international law.
       (d) Conforming Amendment.--Section 1205 of the 
     Nonindigenous Aquatic Nuisance Prevention and Control Act of 
     1990 (16 U.S.C. 4725) is amended by adding at the end the 
     following: ``Ballast water and discharges incidental to the 
     normal operation of a commercial vessel, as such terms are 
     defined in the Vessel Incidental Discharge Act, shall be 
     regulated pursuant to such Act.''.

     SEC. __13. QUAGGA MUSSEL.

       The Secretary of the Interior shall prescribe by regulation 
     that the quagga mussel (Dreissena rostriformis bugensis) is a 
     species that is injurious under section 42 of title 18, 
     United States Code.

     SEC. __14. COASTAL AQUATIC INVASIVE SPECIES MITIGATION GRANT 
                   PROGRAM AND MITIGATION FUND.

       (a) Coastal Aquatic Invasive Species Mitigation Grant 
     Program.--
       (1) Definitions.--In this subsection:
       (A) Coastal zone.--The term ``coastal zone'' has the 
     meaning given the term in section 304 of the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1453).
       (B) Eligible entity.--The term ``eligible entity'' means a 
     State government, local government, Indian Tribe, 
     nongovernmental organization, or academic institution.
       (C) Exclusive economic zone.--The term ``Exclusive Economic 
     Zone'' means the Exclusive Economic Zone of the United 
     States, as established by Presidential Proclamation 5030 of 
     March 10, 1983 (16 U.S.C. 1453 note).
       (D) Foundation.--The term ``Foundation'' means the National 
     Fish and Wildlife Foundation established by section 2(a) of 
     the National Fish and Wildlife Foundation Establishment Act 
     (16 U.S.C. 3701(a)).
       (E) Program.--The term ``Program'' means the Coastal 
     Aquatic Invasive Species Mitigation Grant Program established 
     under paragraph (2).
       (2) Establishment.--The Secretary of Commerce and the 
     Foundation shall establish the Coastal Aquatic Invasive 
     Species Mitigation Grant Program to award grants to eligible 
     entities, as described in this subsection.
       (3) Purposes.--The purposes of the Program are--
       (A) to improve the understanding, prevention, and 
     mitigation of, and response to, aquatic invasive species in 
     the coastal zone and the Exclusive Economic Zone;
       (B) to support the prevention and mitigation of impacts 
     from aquatic invasive species in the coastal zone of the 
     United States; and
       (C) to support the restoration of marine, estuarine, 
     Pacific Island habitats, and the Great Lakes environments in 
     the coastal zone and the Exclusive Economic Zone that are 
     impacted by aquatic invasive species.
       (4) Use of grants.--
       (A) In general.--A grant awarded under the Program shall be 
     used for an activity to carry out the purposes of the 
     Program, including an activity--
       (i) to develop and implement procedures and programs to 
     prevent, control, mitigate, or progressively eradicate 
     aquatic invasive species in the coastal zone or the Exclusive 
     Economic Zone, particularly in areas with high numbers of 
     established aquatic invasive species;
       (ii) to restore habitat impacted by an aquatic invasive 
     species;
       (iii) to develop new shipboard and land-based ballast water 
     treatment system technologies and performance standards to 
     prevent the introduction of aquatic invasive species;
       (iv) to develop mitigation measures to protect natural and 
     cultural living resources, including shellfish, from the 
     impacts of aquatic invasive species; or
       (v) to develop mitigation measures to protect 
     infrastructure, such as hydroelectric infrastructure, from 
     aquatic invasive species.
       (B) Prohibition on funding litigation.--A grant awarded 
     under the Program may not be used to fund litigation in any 
     matter.
       (5) Administration.--Not later than 90 days after the date 
     of enactment of this Act, the Foundation, in consultation 
     with the Secretary of Commerce, shall establish the 
     following:
       (A) Application and review procedures for awarding grants 
     under the Program.
       (B) Approval procedures for awarding grants under the 
     Program. Such procedures shall require consultation with the 
     Secretary of the Interior and the Administrator.
       (C) Performance accountability and monitoring measures for 
     activities funded by a grant awarded under the Program.
       (D) Procedures and methods to ensure accurate accounting 
     and appropriate administration of grants awarded under the 
     Program, including standards of record keeping.
       (6) Matching requirement.--Each eligible entity awarded a 
     grant under the Program to carry out an activity shall 
     provide matching funds to carry out such activity, in cash or 
     through in-kind contributions from sources other than the 
     Federal Government, in an amount equal to 50 percent of the 
     cost of such activity.
       (7) Funding.--The Secretary of Commerce and the Foundation 
     shall use the amounts available in the Coastal Aquatic 
     Invasive Species Mitigation Fund established under subsection 
     (b), to award grants under the Program.
       (b) Coastal Aquatic Invasive Species Mitigation Fund.--
       (1) Creation of fund.--There is established in the Treasury 
     of the United States a trust fund to be known as the 
     ``Coastal Aquatic Invasive Species Mitigation Fund'' 
     (referred to in this section as the ``Fund''), consisting of 
     such amounts as may be appropriated or credited to the Fund 
     as provided in this section or section 9602 of the Internal 
     Revenue Code of 1986.
       (2) Transfers to fund.--
       (A) Appropriation.--There is authorized to be appropriated 
     from the Treasury to the Fund each fiscal year an amount 
     equal to the penalties assessed under section __03(b) of this 
     title in the prior fiscal year.
       (B) Authorization of further appropriations.--There is 
     authorized to be appropriated to the Fund, in addition to the 
     amounts transferred to the Fund under paragraph (1), 
     $5,000,000 for each fiscal year.
       (3) Expenditures from fund.--Amounts in the Fund shall be 
     available without further appropriation to the Secretary of 
     Commerce and the National Fish and Wildlife Foundation 
     established by section 2(a) of the National Fish and Wildlife 
     Foundation Establishment Act to award grants under the 
     Coastal Aquatic Invasive Species Mitigation Grant Program 
     established under subsection (a)(2).

     SEC. __15. RULES OF CONSTRUCTION.

       (a) International Standards.--Nothing in this title may be 
     construed to impose any design, equipment, or operation 
     standard on a commercial vessel not documented under the laws 
     of the United States and engaged in innocent passage unless 
     the standard implements a generally accepted international 
     rule, as determined by the Secretary.
       (b) Other Authorities.--Nothing in this title may construed 
     as affecting the authority of the Secretary of Commerce or 
     the Secretary of the Interior to administer lands or waters 
     under the administrative control of the Secretary of Commerce 
     or the Secretary of the Interior.
                                 ______
                                 
  SA 1929. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill H.R. 1892, to amend title

[[Page S717]]

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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

               TITLE __--VESSEL INCIDENTAL DISCHARGE ACT

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Vessel Incidental 
     Discharge Act''.

     SEC. __02. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Aquatic nuisance species.--The term ``aquatic nuisance 
     species'' means a nonindigenous species (including a 
     pathogen, microbe, or virus) that threatens the diversity or 
     abundance of native species or the ecological stability of 
     waters of the United States, or commercial, agricultural, 
     aquacultural, or recreational activities dependent on such 
     waters.
       (3) Ballast water.--
       (A) In general.--The term ``ballast water'' means any water 
     and suspended matter taken on board a commercial vessel--
       (i) to control or maintain trim, draught, stability, or 
     stresses of the commercial vessel, regardless of how such 
     water and matter is carried; or
       (ii) during the cleaning, maintenance, or other operation 
     of a ballast tank or ballast water management system of the 
     commercial vessel.
       (B) Exclusions.--The term ``ballast water'' does not 
     include any substance that is added to water described in 
     subparagraph (A) that is directly related to the operation of 
     a properly functioning ballast water management system.
       (4) Ballast water discharge standard.--The term ``ballast 
     water discharge standard'' means--
       (A) the numerical ballast water discharge standard set 
     forth in section 151.2030 of title 33, Code of Federal 
     Regulations, or section 151.1511 of such title (as in effect 
     on the date of the enactment of this Act); or
       (B) if the standard described in subparagraph (A) has been 
     revised under section __06, such revised standard.
       (5) Ballast water management system.--The term ``ballast 
     water management system'' means any system, including all 
     ballast water treatment equipment and all associated control 
     and monitoring equipment, that processes ballast water--
       (A) to kill, render nonviable, or remove organisms; or
       (B) to avoid the uptake or discharge of organisms.
       (6) Best available technology economically achievable.--The 
     term ``best available technology economically achievable'' 
     has the meaning given that term in sections 301(b)(2)(A) and 
     304(b)(2)(B) of the Federal Water Pollution Control Act (33 
     U.S.C. 1311(b)(2)(A) and 1314(b)(2)(B)) as such term applies 
     to a mobile point source.
       (7) Biocide.--The term ``biocide'' means a substance or 
     organism that is introduced into or produced by a ballast 
     water management system to kill or eliminate aquatic nuisance 
     species as part of the process used to comply with a ballast 
     water discharge standard.
       (8) Captain of the port zone.--The term ``Captain of the 
     Port Zone'' means a Captain of the Port Zone established by 
     the Secretary pursuant to sections 92, 93, and 633 of title 
     14, United States Code.
       (9) Commercial vessel.--
       (A) In general.--The term ``commercial vessel'' means--
       (i) a vessel (as defined in section 3 of title 1, United 
     States Code) that is engaged in commercial service (as 
     defined in section 2101(5) of title 46, United States Code); 
     or
       (ii) a vessel that is within the scope of the General 
     Permit or Small Vessel General Permit on the day before the 
     date of enactment of this Act.
       (B) Exclusion.--The term ``commercial vessel'' does not 
     include--
       (i) a recreational vessel; or
       (ii) a vessel of the armed forces (as defined in section 
     312 of the Federal Water Pollution Control Act (33 U.S.C. 
     1322)).
       (10) Discharge incidental to the normal operation of a 
     commercial vessel.--
       (A) In general.--The term ``discharge incidental to the 
     normal operation of a commercial vessel'' means--
       (i) a discharge into navigable waters of the United States 
     from a commercial vessel of--

       (I)(aa) graywater, bilge water, cooling water, oil water 
     separator effluent, anti-fouling hull coating leachate, 
     boiler or economizer blowdown, byproducts from cathodic 
     protection, controllable pitch propeller and thruster 
     hydraulic fluid, distillation and reverse osmosis brine, 
     elevator pit effluent, firemain system effluent, freshwater 
     layup effluent, gas turbine wash water, motor gasoline and 
     compensating effluent, refrigeration and air condensate 
     effluent, seawater piping biofouling prevention substances, 
     boat engine wet exhaust, sonar dome effluent, exhaust gas 
     scrubber wash water, or stern tube packing gland effluent; or
       (bb) any other pollutant associated with the operation of a 
     marine propulsion system, shipboard maneuvering system, 
     habitability system, or installed major equipment, or from a 
     protective, preservative, or absorptive application to the 
     hull of a commercial vessel;
       (II) deck runoff, deck washdown, above the waterline hull 
     cleaning effluent, aqueous film forming foam effluent, chain 
     locker effluent, non-oily machinery wastewater, underwater 
     ship husbandry effluent, welldeck effluent, or fish hold and 
     fish hold cleaning effluent; or
       (III) any effluent from a properly functioning marine 
     engine; or

       (ii) a discharge of a pollutant into navigable waters of 
     the United States in connection with the testing, 
     maintenance, or repair of a system, equipment, or engine 
     described in subclause (I)(bb) or (III) of clause (i) 
     whenever the commercial vessel is waterborne.
       (B) Exclusions.--The term ``discharge incidental to the 
     normal operation of a commercial vessel'' does not include--
       (i) any discharge into navigable waters of the United 
     States from a commercial vessel of--

       (I) ballast water;
       (II) rubbish, trash, garbage, incinerator ash, or other 
     such material discharged overboard;
       (III) oil or a hazardous substance (as such terms are 
     defined in section 311 of the Federal Water Pollution Control 
     Act (33 U.S.C. 1321)); or
       (IV) sewage (as defined in section 312(a)(6) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1322(a)(6))); or

       (ii) any emission of an air pollutant resulting from the 
     operation onboard a commercial vessel of a commercial vessel 
     propulsion system, motor driven equipment, or incinerator;
       (iii) any discharge into navigable waters of the United 
     States from a commercial vessel when the commercial vessel is 
     operating in a capacity other than as a means of 
     transportation on water; or
       (iv) any discharge that results from an activity other than 
     the normal operation of a commercial vessel.
       (11) Empty ballast tank.--The term ``empty ballast tank'' 
     means a tank--
       (A) intended to hold ballast water that has been drained to 
     the limit of the functional or operational capabilities of 
     such tank, such as loss of suction, and otherwise recorded as 
     empty on a vessel log; and
       (B) that contains unpumpable residual ballast water and 
     sediments.
       (12) Exchange.--The term ``exchange'' means, with respect 
     to ballast water, to replace the water in a ballast water 
     tank using one of the following methods:
       (A) Flow-through exchange, in which ballast water is 
     flushed out by pumping in mid-ocean water at the bottom of 
     the tank and continuously overflowing the tank from the top 
     until 3 full volumes of water has been changed to minimize 
     the number of original organisms remaining in the tank.
       (B) Empty and refill exchange, in which ballast water taken 
     on in ports, estuarine waters, or territorial waters is 
     pumped out until the pump loses suction, after which the 
     ballast tank is refilled with mid-ocean water.
       (13) General permit.--The term ``General Permit'' means the 
     ``Final National Pollutant Discharge Elimination System 
     (NPDES) General Permit for Discharges Incidental to the 
     Normal Operation of a Vessel'' noticed in the Federal 
     Register on April 12, 2013 (78 Fed. Reg. 21938).
       (14) Great lakes states.--The term ``Great Lakes States'' 
     means Illinois, Indiana, Michigan, Minnesota, New York, Ohio, 
     Pennsylvania, and Wisconsin.
       (15) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given that term in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5304(e)).
       (16) Major conversion.--The term ``major conversion'' has 
     the meaning given that term in section 2101(14a) of title 46, 
     United States Code.
       (17) Marine pollution control device.--The term ``marine 
     pollution control device'' means any equipment for 
     installation or use on board a commercial vessel that is--
       (A) designed to receive, retain, treat, control, or 
     discharge a discharge incidental to the normal operation of a 
     commercial vessel; and
       (B) determined by the Secretary, in consultation with the 
     Administrator, to be the most effective equipment or 
     management practice to reduce the environmental impact of the 
     discharge consistent with the considerations set forth in 
     section __08(a)(2).
       (18) Mid-ocean water.--The term ``mid-ocean water'' means 
     water greater than 200 nautical miles from any shore.
       (19) Navigable waters of the united states.--The term 
     ``navigable waters of the United States'' has the meaning 
     given that term in section 2101(17a) of title 46, United 
     States Code.
       (20) Operating in a capacity other than as a means of 
     transportation on water.--The term ``operating in a capacity 
     other than as a means of transportation on water'' includes--
       (A) when in use as an energy or mining facility;
       (B) when in use as a storage facility or seafood processing 
     facility;
       (C) when secured to a storage facility or seafood 
     processing facility; and
       (D) when secured to the bed of the ocean, contiguous zone, 
     or waters of the United States for the purpose of mineral or 
     oil exploration or development.

[[Page S718]]

       (21) Organism.--The term ``organism'' means any organism 
     and includes pathogens, microbes, viruses, bacteria, and 
     fungi.
       (22) Owner or operator.--The term ``owner or operator'' 
     means a person owning, operating, or chartering by demise a 
     commercial vessel.
       (23) Pacific coast region.--The term ``Pacific Coast 
     Region'' means Federal and State waters adjacent to Alaska, 
     Washington, Oregon, or California extending from shore and 
     including the entire exclusive economic zone (as defined in 
     section 1001(8) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2701(8))) adjacent to each such State.
       (24) Pollutant.--The term ``pollutant'' has the meaning 
     given that term in section 502(6) of the Federal Water 
     Pollution Control Act (33 U.S.C. 1362(6)).
       (25) Port or place of destination.--The term ``port or 
     place of destination'' means any port or place to which a 
     vessel is bound to anchor or moor.
       (26) Recreational vessel.--The term ``recreational vessel'' 
     has the meaning given that term in section 502 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1362).
       (27) Render nonviable.--The term ``render nonviable'' 
     means, with respect to organisms in ballast water, the action 
     of a ballast water management system that leaves such 
     organisms permanently incapable of reproduction following 
     treatment.
       (28) Saltwater flush.--The term ``saltwater flush''--
       (A) means--
       (i) the addition of as much mid-ocean water into each empty 
     ballast tank of a commercial vessel as is safe for such 
     vessel and crew and the mixing of the flushwater with 
     residual water and sediment through the motion of such 
     vessel; and
       (ii) the discharge of the mixed water, such that the 
     resultant residual water remaining in the tank has the 
     highest salinity possible, and is at least 30 parts per 
     thousand; and
       (B) may require more than one fill-mix-empty sequence, 
     particularly if only small amounts of water can be safely 
     taken onboard the commercial vessel at one time.
       (29) Secretary.--Except as otherwise specified, the term 
     ``Secretary'' means the Secretary of the department in which 
     the Coast Guard is operating.
       (30) Small vessel general permit.--The term ``Small Vessel 
     General Permit'' means the ``Final National Pollutant 
     Discharge Elimination System (NPDES) General Permit for 
     Discharges Incidental to the Normal Operation of a Small 
     Vessel'' noticed in the Federal Register on September 10, 
     2014 (79 Fed. Reg. 53702)

     SEC. __03. TREATMENT OF EXISTING BALLAST WATER REGULATIONS.

       (a) Effect on Existing Regulations.--Any regulation issued 
     pursuant to the Nonindigenous Aquatic Nuisance Prevention and 
     Control Act of 1990 (16 U.S.C. 4701 et seq.) that is in 
     effect on the day before the date of the enactment of this 
     Act, and that relates to a matter subject to regulation under 
     this title, shall remain in full force and effect unless or 
     until superseded by a new regulation issued under this title 
     relating to such matter.
       (b) Application of Other Regulations.--
       (1) In general.--The regulations issued pursuant to the 
     Nonindigenous Aquatic Nuisance Prevention and Control Act of 
     1990 (16 U.S.C. 4701 et seq.) relating to sanctions for 
     violating a regulation under that Act shall apply to 
     violations of a regulation issued under this title.
       (2) Penalties.--The penalties for violations described in 
     paragraph (1) shall increase consistent with inflation.

     SEC. __04. BALLAST WATER DISCHARGE REQUIREMENTS.

       (a) In General.--
       (1) Requirements.--Except as provided in paragraph (7), and 
     subject to sections 151.2035 and 151.2036 of title 33, Code 
     of Federal Regulations (as in effect on the date of the 
     enactment of this Act), an owner or operator may discharge 
     ballast water into navigable waters of the United States from 
     a commercial vessel covered under subsection (b) only if the 
     owner or operator discharges the ballast water in accordance 
     with requirements established by this title or the Secretary.
       (2) Commercial vessels entering the great lakes system.--If 
     a commercial vessel enters the Great Lakes through the mouth 
     of the Saint Lawrence River, the owner or operator shall--
       (A) comply with the applicable requirements of--
       (i) paragraph (1);
       (ii) subpart C of part 151 of title 33, Code of Federal 
     Regulations (or similar successor regulations); and
       (iii) section 401.30 of such title (or similar successor 
     regulations); and
       (B) after operating--
       (i) outside the exclusive economic zone of the United 
     States or Canada, conduct a complete ballast water exchange 
     in an area that is 200 nautical miles or more from any shore 
     before the owner or operator may discharge ballast water 
     while operating in the Saint Lawrence River or the Great 
     Lakes, subject to any requirements the Secretary determines 
     necessary with regard to such exchange or any ballast water 
     management system that is to be used in conjunction with such 
     exchange, to ensure that any discharge of ballast water 
     complies with the requirements under paragraph (1); or
       (ii) exclusively within the territorial waters or exclusive 
     economic zone of the United States or Canada, conduct a 
     complete ballast water exchange outside the Saint Lawrence 
     River and the Great Lakes in an area that is 50 nautical 
     miles or more from any shore before the owner or operator may 
     discharge ballast water while operating in the Saint Lawrence 
     River or the Great Lakes, subject to any requirements the 
     Secretary determines necessary with regard to such exchange 
     or any ballast water management system that is to be used in 
     conjunction with such exchange, to ensure that any discharge 
     of ballast water complies with the requirements under 
     paragraph (1), unless traveling 50 nautical miles or more 
     from shore would compromise commercial vessel safety or is 
     otherwise prohibited by any domestic or international 
     regulation.
       (3) Commercial vessels operating within the pacific coast 
     region.--
       (A) In general.--Except as provided in subparagraph (C) and 
     paragraph (6), the owner or operator of a commercial vessel 
     described in subparagraph (B) shall conduct a complete 
     ballast water exchange in waters more than 50 nautical miles 
     from shore.
       (B) Commercial vessel described.--A commercial vessel 
     described in this subparagraph is a commercial vessel--
       (i) operating between 2 ports or places of destination 
     within the Pacific Coast Region; or
       (ii) operating between a port or place of destination 
     within the Pacific Coast Region and a port or place of 
     destination on the Pacific Coast of Canada or Mexico north of 
     20 degrees north latitude, inclusive of the Gulf of 
     California.
       (C) Exemptions.--Subparagraph (A) shall not apply to the 
     following:
       (i) A commercial vessel voyaging between or to a port or 
     place of destination in the State of Washington, if the 
     ballast water to be discharged from such vessel originated 
     solely from waters located between the parallel 43 degrees, 
     32 minutes north latitude, including the internal waters of 
     the Columbia River, and the internal waters of Canada south 
     of parallel 50 degrees north latitude, including the waters 
     of the Strait of Georgia and the Strait of Juan de Fuca.
       (ii) A commercial vessel voyaging between ports or places 
     of destination in the States of Washington and Oregon if the 
     ballast water to be discharged from such vessel originated 
     solely from waters located between the parallel 40 degrees 
     north latitude and the parallel 50 degrees north latitude.
       (iii) A commercial vessel voyaging between ports or places 
     of destination in the State of California within the San 
     Francisco Bay area east of the Golden Gate Bridge, including 
     the Port of Stockton and the Port of Sacramento, if any 
     ballast water to be discharged from such vessel originated 
     solely from ports or places within such area.
       (iv) A commercial vessel voyaging between the Port of Los 
     Angeles, the Port of Long Beach, and the El Segundo offshore 
     marine oil terminal if any ballast water to be discharged 
     from such vessel originated solely from the Port of Los 
     Angeles, the Port of Long Beach, or the El Segundo offshore 
     marine oil terminal.
       (v) A commercial vessel voyaging between a port or place in 
     the State of Alaska within a single Captain of the Port Zone.
       (4) Empty ballast tanks.--
       (A) Requirements.--Except as provided in subparagraph (B) 
     and paragraph (6), the owner or operator of a commercial 
     vessel with empty ballast tanks shall conduct a saltwater 
     flush--
       (i) at least 200 nautical miles from any shore for voyages 
     originating outside the United States or Canadian exclusive 
     economic zone; or
       (ii) at least 50 nautical miles from any shore for voyages 
     within the Pacific Coast Region.
       (B) Exception.--The requirements of subparagraph (A) shall 
     not apply--
       (i) if a ballast tank's unpumpable residual waters and 
     sediments were subject to a saltwater flush, ballast water 
     exchange, or treatment through a ballast water management 
     system; or
       (ii) unless otherwise required under this title, if the 
     ballast tank's unpumpable residual waters and sediments were 
     sourced within the same port or place of destination, or 
     Captain of the Port Zone.
       (5) Low salinity ballast water.--
       (A) In general.--Except as provided in subparagraph (B) and 
     paragraph (6), owners or operators of commercial vessels that 
     transport ballast water sourced from waters with a measured 
     salinity of less than 18 parts per thousand, except as 
     provided by a public or commercial source under subsection 
     (b)(2)(C), and voyage to a Pacific Coast Region port or place 
     of destination that has a measured salinity of less than 18 
     parts per thousand shall conduct a complete ballast water 
     exchange--
       (i) more than 50 nautical miles from shore if the ballast 
     water was sourced from a Pacific Coast Region port or place 
     of destination; or
       (ii) more than 200 nautical miles from shore if the ballast 
     water was not sourced from a Pacific Coast Region port or 
     place of destination.
       (B) Exception.--The requirements of subparagraph (A) shall 
     not apply to a commercial vessel that has a ballast water 
     management system approved for treating freshwater at 
     concentrations prescribed in section __06(a)(1)(A) or that 
     retains all of its ballast water.
       (6) Exempted vessels.--

[[Page S719]]

       (A) In general.--The requirements of paragraphs (3), (4), 
     and (5) shall not apply to a commercial vessel if--
       (i) complying with such requirements would compromise the 
     safety of the commercial vessel;
       (ii) design limitations of the commercial vessel prevent 
     ballast water exchange or saltwater flush from being 
     conducted;
       (iii) the commercial vessel is certified by the Secretary 
     as having no residual ballast water or sediments on board or 
     retains all its ballast water while in waters subject to such 
     requirements; or
       (iv) empty ballast tanks on the commercial vessel are 
     sealed and certified by the Secretary so there is no 
     discharge or uptake and subsequent discharge of ballast 
     waters subject to such requirements.
       (B) Additional exemptions.--The requirements of paragraphs 
     (3) and (4) shall not apply to a commercial vessel if the 
     commercial vessel uses a method of ballast water management 
     approved by the Coast Guard under section __05 of this title 
     or subpart 162.060 of title 46, Code of Federal Regulations 
     (or similar successor regulations).
       (7) Safety exemption.--Notwithstanding paragraphs (1) 
     through (6), an owner or operator of a commercial vessel may 
     discharge ballast water into navigable waters of the United 
     States from a commercial vessel if--
       (A) the ballast water is discharged solely to ensure the 
     safety of life at sea;
       (B) the ballast water is discharged accidentally as the 
     result of damage to the commercial vessel or its equipment 
     and--
       (i) all reasonable precautions to prevent or minimize the 
     discharge have been taken; and
       (ii) the owner or operator did not willfully or recklessly 
     cause such damage; or
       (C) the ballast water is discharged solely for the purpose 
     of avoiding or minimizing a discharge from the commercial 
     vessel of a pollutant that would violate a Federal or State 
     law.
       (8) Logbook requirements.--Section 11301(b) of title 46, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(13) when a commercial vessel does not carry out ballast 
     water management requirements as applicable and pursuant to 
     regulations promulgated and issued by the Secretary, 
     including when such a vessel fails to carry out ballast water 
     management requirements due to an allowed safety exemption, a 
     statement about the failure to comply and the circumstances 
     under which the failure occurred, made immediately after when 
     practicable to do so.''.
       (9) Limitation of requirements.--In establishing 
     requirements under this subsection, the Secretary may not 
     require the installation of a ballast water management system 
     on a commercial vessel that--
       (A) carries all of its ballast water in sealed tanks that--
       (i) are not subject to discharge;
       (ii) have been certified by the Secretary; and
       (iii) have been noted in the commercial vessel logbook; or
       (B) discharges ballast water solely into a reception 
     facility described in subsection (d).
       (b) Applicability.--
       (1) Covered vessels.--Except as provided in paragraphs (2) 
     and (3), subsection (a) shall apply to any commercial vessel 
     that is designed, constructed, or adapted to carry ballast 
     water while such commercial vessel is operating in navigable 
     waters of the United States.
       (2) Exempted vessels.--Subsection (a) shall not apply to a 
     commercial vessel--
       (A) that continuously takes on and discharges ballast water 
     in a flow-through system, if such system does not introduce 
     aquatic nuisance species into navigable waters of the United 
     States, as determined by the Secretary;
       (B) in the National Defense Reserve Fleet that is scheduled 
     for disposal, if the vessel does not have ballast water 
     management systems or the ballast water management systems of 
     the vessel are inoperable;
       (C) that discharges ballast water consisting solely of 
     water taken aboard from a public or commercial source that, 
     at the time the water is taken aboard, meets the applicable 
     regulations or permit requirements for such source under the 
     Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (D) in an alternative compliance program established 
     pursuant to subsection (c);
       (E) that carries all of its permanent ballast water in 
     sealed tanks that are not subject to discharge; or
       (F) uses other liquid or material as ballast and does not 
     discharge ballast overboard.
       (3) Vessels operating exclusively within the great lakes 
     and saint lawrence river.--
       (A) In general.--A commercial vessel that operates 
     exclusively within the Great Lakes and Saint Lawrence River 
     shall be subject to subsection (a).
       (B) Transition.--Notwithstanding subparagraph (A), a 
     commercial vessel that operates exclusively within the Great 
     Lakes and Saint Lawrence River that is not required to comply 
     with the ballast water discharge standard on the day before 
     the date of enactment of this Act shall transition into 
     compliance with subsection (a) under the special rules 
     established in subparagraph (C) of this subsection:
       (C) Special rules.--The Secretary shall require a class of 
     commercial vessels described in subparagraph (B) of this 
     subsection to comply with subsection (a) only if the 
     Secretary--
       (i) approves a ballast water management system for such 
     class of commercial vessels under section __05 of this title 
     or subpart 162.060 of title 46, Code of Federal Regulations 
     (or similar successor regulation);
       (ii) determines that such ballast water management system 
     meets the operationally practicable criteria described in 
     section __06 with respect to such class of commercial vessels 
     complying with the ballast water discharge standard;
       (iii) determines that requiring such class of commercial 
     vessels to comply with the ballast water discharge standard 
     is operationally practicable for such class of commercial 
     vessels; and
       (iv) in coordination with the Administrator, conducts a 
     probabilistic assessment of the benefits to the environment 
     and the costs to industry of compliance with subsection (a) 
     by such class of commercial vessels and determines that such 
     benefits exceed such costs.
       (D) Reconsideration.--If the Secretary determines under 
     subparagraph (C)(iv) that such benefits do not exceed such 
     costs, the Secretary, in coordination with the Administrator, 
     shall reconsider the determination of the Secretary under 
     that subparagraph--
       (i) if a petition is received from a Governor of a Great 
     Lakes State that--

       (I) includes new data or science not considered during such 
     determination; and
       (II) is submitted not less than 1 year after the date of 
     such determination; or

       (ii) not later than 5 years after the date of such 
     determination.
       (E) Compliance deadline.--A class of commercial vessels 
     that is required by the Secretary to comply with subsection 
     (a) under the special rules established by subparagraph (C) 
     of this subsection shall comply with the ballast water 
     discharge standard--
       (i) after completion of the first scheduled vessel dry 
     docking that commences on or after the date that is 3 years 
     after the date that the Secretary requires compliance under 
     subparagraph (C), for a vessel built on or before the date 
     that is 3 years after date the Secretary terminates such 
     exemption; or
       (ii) upon entry into the navigable waters of the United 
     States for a vessel that is built after the date that is 3 
     years after the date the Secretary requires compliance under 
     subparagraph (C) for such class of vessels.
       (F) Report.--Not less than 60 days after a determination by 
     the Secretary under subparagraph (C)(iv), the Secretary shall 
     provide a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives describing how the costs were considered in 
     the assessment required by that subparagraph.
       (c) Reception Facilities; Transfer Standards.--The 
     Secretary, in coordination with the Administrator, may 
     promulgate standards for the arrangements necessary on a 
     vessel to transfer ballast water to a facility.

     SEC. __05. APPROVAL OF BALLAST WATER MANAGEMENT SYSTEMS.

       (a) Ballast Water Management Systems That Render Organisms 
     Nonviable.--Notwithstanding chapter 5 of title 5, United 
     States Code, part 151 of title 33, Code of Federal 
     Regulations (or similar successor regulations), and part 162 
     of title 46, Code of Federal Regulations (or similar 
     successor regulations), a ballast water management system 
     that renders nonviable organisms in ballast water at the 
     concentrations prescribed in the ballast water discharge 
     standard shall be approved by the Secretary, if--
       (1) such system--
       (A) undergoes type approval testing at an independent 
     laboratory designated by the Secretary under such 
     regulations; and
       (B) meets the requirements of subpart 162.060 of title 46, 
     Code of Federal Regulations (or similar successor 
     regulations), other than the requirements related to staining 
     methods or measuring the concentration of living organisms; 
     and
       (2) such laboratory uses a testing method described in a 
     final policy letter published under subsection (c)(3).
       (b) Prohibition on Biocides.--The Secretary shall not 
     approve a ballast water management system under subsection 
     (a) or subpart 162.060 of title 46, Code of Federal 
     Regulations (or similar successor regulations), if such 
     system--
       (1) uses a biocide or generates a biocide that is a 
     pesticide, as defined in section 2 of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136), 
     unless the biocide is registered under that Act or the 
     Administrator has approved the use of the biocide in such 
     ballast water management system; or
       (2) uses or generates a biocide the discharge of which 
     causes or contributes to a violation of a water quality 
     standard under section 303 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1313).
       (c) Approval Testing Methods.--
       (1) Draft policy.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the Administrator, shall publish a draft policy letter, 
     based on the best available science, describing type approval 
     testing methods and protocols for ballast water management 
     systems that may be used in addition to the methods 
     established in subpart 162.060 of title 46, Code of Federal 
     Regulations (or similar successor regulations)--

[[Page S720]]

       (A) to measure the concentration of organisms in ballast 
     water that are capable of reproduction;
       (B) to certify the performance of each ballast water 
     management system under this section; and
       (C) to certify laboratories to evaluate such treatment 
     technologies.
       (2) Public comment.--The Secretary shall provide for a 
     period of not more than 60 days for the public to comment on 
     the draft policy letter published under paragraph (1).
       (3) Final policy.--
       (A) In general.--Not later than 150 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the Administrator, shall publish a final policy letter 
     describing type approval testing methods for ballast water 
     management systems capable of measuring the concentration of 
     organisms in ballast water that are capable of reproduction 
     based on the best available science that may be used in 
     addition to the methods established in subpart 162.060 of 
     title 46, Code of Federal Regulations (or similar successor 
     regulations).
       (B) Revisions.--The Secretary shall revise the final policy 
     letter published under subparagraph (A) as additional testing 
     methods are determined by the Secretary, in coordination with 
     the Administrator, to be capable of measuring the 
     concentration of organisms in ballast water that are capable 
     of reproduction.
       (C) Considerations.--In developing a policy letter under 
     this paragraph, the Secretary, in coordination with the 
     Administrator--
       (i) shall consider a testing method that uses organism grow 
     out and most probable number statistical analysis to 
     determine the concentration of organisms in ballast water 
     that are capable of reproduction; and
       (ii) shall not consider a testing method that relies on a 
     staining method that measures the concentration of organisms 
     greater than or equal to 10 micrometers and organisms less 
     than or equal to 50 micrometers.

     SEC. __06. REVIEW AND RAISING OF BALLAST WATER DISCHARGE 
                   STANDARD.

       (a) Stringency Reviews.--
       (1) Six-year review.--
       (A) In general.--Not later than January 1, 2024, and 
     subject to petitions for review under paragraph (3), the 
     Secretary, in concurrence with the Administrator, shall 
     complete a review to determine whether, based on the 
     application of the best available technology economically 
     achievable and operationally practicable, the ballast water 
     discharge standard can be revised such that ballast water 
     discharged in the normal operation of a vessel contains--
       (i) less than 1 organism that is living or has not been 
     rendered nonviable per 10 cubic meters that is 50 or more 
     micrometers in minimum dimension;
       (ii) less than 1 organism that is living or has not been 
     rendered nonviable per 10 milliliters that is less than 50 
     micrometers in minimum dimension and more than 10 micrometers 
     in minimum dimension;
       (iii) concentrations of indicator microbes that are less 
     than--

       (I) 1 colony-forming unit of toxicogenic Vibrio cholera 
     (serotypes O1 and O139) per 100 milliliters or less than 1 
     colony-forming unit of that microbe per gram of wet weight of 
     zoological samples;
       (II) 126 colony-forming units of escherichia coli per 100 
     milliliters; and
       (III) 33 colony-forming units of intestinal enterococci per 
     100 milliliters; and

       (iv) concentrations of such additional indicator microbes 
     and of viruses as may be specified in regulations issued by 
     the Secretary, in consultation with the Administrator and 
     such other Federal agencies as the Secretary and the 
     Administrator consider appropriate.
       (B) Alternative revised standard.--If the Secretary, in 
     concurrence with the Administrator, finds--
       (i) that the ballast water discharge standard cannot be 
     revised to reflect the level of stringency set forth in 
     subparagraph (A), the Secretary, in concurrence with the 
     Administrator, shall determine whether the application of the 
     best available technology economically achievable and 
     operationally practicable would result in a reduction of the 
     risk of introduction or establishment of aquatic nuisance 
     species such that the ballast water discharge standard can be 
     revised to be more stringent than the standard set forth in 
     section 151.2030 or 151.1511 of title 33, Code of Federal 
     Regulations, as in effect on the date of the enactment of 
     this Act; or
       (ii) that the application of best available technology 
     economically achievable and operationally practicable would 
     result in a reduction of the risk of introduction or 
     establishment of aquatic nuisance species such that the 
     ballast water discharge standard can be revised to be more 
     stringent than the standard under subparagraph (A) with 
     respect to a class of vessels, the Secretary, in concurrence 
     with the Administrator, shall determine which revisions to 
     the ballast water discharge standard shall be made for that 
     class of vessels to incorporate such more stringent standard.
       (C) Operationally practicable.--In determining operational 
     practicability under this subsection, the Secretary, in 
     concurrence with the Administrator, shall consider--
       (i) whether a ballast water management system is--

       (I) effective and reliable in the shipboard environment;
       (II) compatible with the design and operation of a 
     commercial vessel by class, type, and size;
       (III) commercially available; and
       (IV) safe;

       (ii) whether testing protocols can be practicably 
     implemented that can assure accurate measurement of 
     compliance with the ballast water discharge standard as 
     proposed to be revised; and
       (iii) other criteria that the Secretary, in concurrence 
     with Administrator, considers appropriate.
       (2) Ten-year reviews.--Not later than January 1, 2034, not 
     less frequently than every 10 years thereafter, and subject 
     to petitions for review under paragraph (3), the Secretary, 
     in concurrence with the Administrator, shall conduct a review 
     to determine whether the application of the best available 
     technology economically achievable and operationally 
     practicable as described in paragraph (1)(C) results in a 
     reduction in the risk of the introduction or establishment of 
     aquatic nuisance species such that the ballast water 
     discharge standard can be revised to be more stringent.
       (3) State petitions for review.--
       (A) In general.--The Governor of a State may submit a 
     petition requesting the Secretary to conduct a review under 
     paragraph (1) or (2) if there is new information that could 
     reasonably indicate the ballast water discharge standard 
     could be made more stringent to reduce the risk of the 
     introduction or establishment of aquatic nuisance species.
       (B) Timing.--A Governor may not submit a petition under 
     subparagraph (A) during the 1-year period following the date 
     of completion of a review under paragraph (1) or (2).
       (C) Required information.--A petition submitted to the 
     Secretary under subparagraph (A) shall include--
       (i) a proposed ballast water discharge standard that would 
     result in a reduction in the risk of the introduction or 
     establishment of aquatic nuisance species;
       (ii) information regarding any ballast water management 
     systems that may achieve the proposed ballast water discharge 
     standard;
       (iii) the scientific and technical information on which the 
     petition is based, including a description of the risk 
     reduction that would result from the proposed ballast water 
     discharge standard included under clause (i); and
       (iv) any additional information the Secretary considers 
     appropriate.
       (D) Public availability.--Upon receiving a petition under 
     subparagraph (A), the Secretary shall make publicly available 
     a copy of the petition, including the information included 
     under subparagraph (C).
       (E) Treatment of more than one petition as a single 
     petition.--The Secretary may treat more than one petition 
     submitted under subparagraph (A) as a single such petition.
       (F) Authority to review.--After receiving a petition that 
     meets the requirements of this paragraph, the Secretary, in 
     concurrence with the Administrator, may conduct a review 
     under paragraph (1) or (2) as the Secretary, in concurrence 
     with the Administrator, determines appropriate.
       (4) Issuance of revised ballast water discharge standard.--
     The Secretary shall issue a rule to revise the ballast water 
     discharge standard if the Secretary, in concurrence with the 
     Administrator, determines on the basis of the review under 
     paragraph (1) or (2) that--
       (A) a ballast water management system that is capable of 
     achieving the ballast water discharge standard as proposed to 
     be revised is the best available technology economically 
     achievable and operationally practicable; and
       (B) testing protocols can be practicably implemented that 
     can assure accurate measurement of compliance with the 
     ballast water discharge standard as proposed to be revised.
       (5) Requirement.--Any revised ballast water discharge 
     standard issued in the rule under paragraph (4) shall be more 
     stringent than the ballast water discharge standard it 
     replaces.
       (6) Standard not revised.--If the Secretary, in concurrence 
     with the Administrator, determines that the requirements of 
     this subsection have not been satisfied, the Secretary shall 
     publish a description of how such determination was made.
       (b) Revised Ballast Water Discharge Standard Effective Date 
     and Compliance Deadline.--
       (1) In general.--If the Secretary issues a rule to revise 
     the ballast water discharge standard under subsection (a), 
     the Secretary shall include in such rule--
       (A) an effective date for the revised ballast discharge 
     standard that is 3 years after the date on which such rule is 
     published in the Federal Register; and
       (B) for the owner or operator of a commercial vessel that 
     is constructed or completes a major conversion on or after 
     the date that is 3 years after the date on which such rule is 
     published in the Federal Register, a deadline to comply with 
     the revised ballast water discharge standard that is the 
     first day on which such commercial vessel operates in 
     navigable waters of the United States.
       (2) Vessel specific compliance deadlines.--The Secretary 
     may establish a deadline for compliance by a commercial 
     vessel (or a class, type, or size of commercial vessel) with 
     a revised ballast water discharge standard that is different 
     than the general deadline established under paragraph (1).

[[Page S721]]

       (3) Extensions.--The Secretary shall establish a process 
     for an owner or operator to submit an application to the 
     Secretary for an extension of a compliance deadline 
     established under paragraphs (1) and (2).
       (4) Application for extension.--An owner or operator shall 
     submit an application for an extension under paragraph (3) 
     not less than 90 days prior to the applicable compliance 
     deadline established under paragraph (1) or (2).
       (5) Factors.--In reviewing an application under this 
     subsection, the Secretary shall consider, with respect to the 
     ability of an owner or operator to meet a compliance 
     deadline--
       (A) whether the ballast water management system to be 
     installed, if applicable, is available in sufficient 
     quantities to meet the compliance deadline;
       (B) whether there is sufficient shipyard or other 
     installation facility capacity;
       (C) whether there is sufficient availability of engineering 
     and design resources;
       (D) commercial vessel characteristics, such as engine room 
     size, layout, or a lack of installed piping;
       (E) electric power generating capacity aboard the 
     commercial vessel;
       (F) the safety of the commercial vessel and crew; and
       (G) any other factor that the Secretary determines 
     appropriate.
       (6) Consideration of extensions.--
       (A) Determinations.--The Secretary shall approve or deny an 
     application for an extension of a compliance deadline 
     submitted by an owner or operator under this subsection.
       (B) Deadline.--The Secretary shall--
       (i) acknowledge receipt of an application for an extension 
     submitted under paragraph (4) not later than 30 days after 
     the date of receipt of the application; and
       (ii) to the extent practicable, approve or deny such an 
     application not later than 90 days after the date of receipt 
     of the application.
       (C) Failure to review.--If the Secretary does not approve 
     or deny an application described in subparagraph (A) on or 
     before the last day of the 90-day period beginning on the 
     date of submission of the petition, the petition shall be 
     conditionally approved.
       (7) Period of extensions.--An extension granted to an owner 
     or operator under paragraph (3)--
       (A) may be granted for an initial period of not more than 
     18 months;
       (B) may be renewed for additional periods of not more than 
     18 months each; and
       (C) may not be in effect for a total of more than 5 years.
       (8) Period of use of installed ballast water management 
     system.--
       (A) In general.--Subject to subparagraph (B), an owner or 
     operator shall be considered to be in compliance with the 
     ballast water discharge standard if--
       (i) the ballast water management system installed on the 
     commercial vessel complies with the ballast water discharge 
     standard in effect at the time of installation, 
     notwithstanding any revisions to the ballast water discharge 
     standard occurring after the installation;
       (ii) the ballast water management system is maintained in 
     proper working condition, as determined by the Secretary;
       (iii) the ballast water management system is maintained and 
     used in accordance with the manufacturer's specifications; 
     and
       (iv) the ballast water management system continues to meet 
     the ballast water discharge standard applicable to the 
     commercial vessel at the time of installation, as determined 
     by the Secretary.
       (B) Limitation.--Subparagraph (A) shall cease to apply with 
     respect to a commercial vessel after--
       (i) the expiration of the service life of the ballast water 
     management system of the commercial vessel, as determined by 
     the Secretary;
       (ii) the expiration of the service life of the commercial 
     vessel, as determined by the Secretary; or
       (iii) the completion of a major conversion of the 
     commercial vessel.

     SEC. __07. NATIONAL BALLAST INFORMATION CLEARINGHOUSE.

       Subsection (f) of section 1102 of the Nonindigenous Aquatic 
     Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
     4712(f)) is amended to read as follows:
       ``(f) National Ballast Information Clearinghouse.--
       ``(1) In general.--The Secretary shall develop and 
     maintain, in consultation and cooperation with the Task Force 
     and the Smithsonian Institution (acting through the 
     Smithsonian Environmental Research Center), a National 
     Ballast Information Clearinghouse of national data 
     concerning--
       ``(A) ballasting practices;
       ``(B) compliance with the guidelines issued pursuant to 
     section 1101(c); and
       ``(C) any other information obtained by the Task Force 
     pursuant to subsection (b).
       ``(2) Ballast water reporting requirements.--
       ``(A) In general.--The owner or operator of a commercial 
     vessel subject to this title shall submit the current ballast 
     water management report form approved by the Office of 
     Management and Budget (OMB 1625-0069 or a subsequent form) to 
     the National Ballast Information Clearinghouse not later than 
     6 hours after the arrival of such vessel at a United States 
     port or place, unless such vessel is operating exclusively on 
     a voyage between ports or places within a single Captain of 
     the Port Zone.
       ``(B) Multiple discharges within a single port.--The owner 
     or operator of a commercial vessel subject to this title may 
     submit a single report under subparagraph (A) for multiple 
     ballast water discharges within a single port during the same 
     voyage.
       ``(C) Advanced report to states.--A State may require the 
     owner or operator of a commercial vessel subject to this 
     title to submit directly to the State a ballast water 
     management report form--
       ``(i) not later than 24 hours prior to arrival at a United 
     States port or place of destination if the voyage of such 
     vessel is anticipated to exceed 24 hours; or
       ``(ii) before departing the port or place of departure if 
     the voyage of such vessel is not anticipated to exceed 24 
     hours.
       ``(3) Commercial vessel reporting data.--
       ``(A) Dissemination to states.--Upon receiving submission 
     of a ballast water management report required under paragraph 
     (2), the National Ballast Information Clearinghouse shall--
       ``(i) in the case of forms submitted electronically, 
     immediately disseminate the report to interested States; or
       ``(ii) in the case of forms submitted by means other than 
     electronically, disseminate the report to interested States 
     as soon as practicable.
       ``(B) Availability to the public.--Not later than 30 days 
     after the date of the receipt of a ballast water management 
     report required under paragraph (2), the National Ballast 
     Information Clearinghouse shall make the data in such report 
     fully and readily available to the public in searchable and 
     fully retrievable electronic formats.
       ``(4) Report.--In consultation and cooperation with the 
     Task Force and the Smithsonian Institution (acting through 
     the Smithsonian Environmental Research Center), the Secretary 
     shall prepare and submit to the Task Force and the 
     appropriate committees of Congress and make available to the 
     public, on a biennial basis not later than 180 days from the 
     end of each odd numbered calendar year, a report that 
     synthesizes and analyzes the data referred to in paragraph 
     (1) for the previous 2 years to evaluate nationwide status 
     and trends relating to--
       ``(A) ballast water delivery and management; and
       ``(B) invasions of aquatic nuisance species resulting from 
     ballast water.
       ``(5) Working group.--Not later than 1 year after the date 
     of the enactment of the Vessel Incidental Discharge Act, the 
     Secretary shall establish a working group that includes 
     members from the National Ballast Information Clearinghouse 
     and States with ballast water management programs to 
     establish a process for compiling and readily sharing Federal 
     and State commercial vessel reporting and enforcement data 
     regarding compliance with this Act.
       ``(6) Appropriate committees of congress defined.--In this 
     subsection, the term `appropriate committees of Congress' 
     means the Committee on Commerce, Science, and Transportation 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives.''.

     SEC. __08. REQUIREMENTS FOR DISCHARGES INCIDENTAL TO THE 
                   NORMAL OPERATION OF A COMMERCIAL VESSEL.

       (a) Management of Incidental Discharge for Commercial 
     Vessels.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Secretary, in concurrence with 
     the Administrator and in consultation with the States, shall 
     publish a final rule in the Federal Register that establishes 
     best management practices for discharges incidental to the 
     normal operation of a commercial vessel for commercial 
     vessels that--
       (A) are greater than or equal to 79 feet in length;
       (B) are not fishing vessels, including fish processing 
     vessels and fish tender vessels (as such terms are defined in 
     section 2101 of title 46, United States Code); and
       (C) are not subject to the best management practices 
     required under section __09.
       (2) Elements.--The best management practices established 
     under paragraph (1) shall--
       (A) mitigate the adverse impacts on the marine environment 
     from discharges incidental to the normal operation of a 
     commercial vessel and aquatic invasive species;
       (B) use marine pollution control devices when appropriate;
       (C) be economically achievable and operationally 
     practicable; and
       (D) not compromise the safety of a commercial vessel.
       (3) Implementation.--The Secretary shall implement the best 
     management practices established by final rule under 
     paragraph (1) not later than 60 days after the date on which 
     the final rule is published in the Federal Register as 
     required under such paragraph.
       (b) Transition.--
       (1) In general.--Except as provided in section __09(c) and 
     notwithstanding the expiration date for the General Permit, 
     any practice, limitation, or concentration applicable to any 
     discharge incidental to the normal operation of a commercial 
     vessel that is required by the General Permit on the date of 
     the enactment of this Act, and any reporting requirement 
     required by the General Permit on such date of enactment, 
     shall remain in effect until the implementation date under 
     subsection (a)(3).
       (2) Part 6 conditions.--Except as provided in section 
     __09(c) and notwithstanding

[[Page S722]]

     paragraph (1) and any other provision of law, the terms and 
     conditions of Part 6 of the General Permit (relating to 
     specific requirements for individual States or Indian country 
     lands) shall expire on the implementation date under 
     subsection (a)(3).
       (c) Application to Certain Vessels.--
       (1) Application of federal water pollution control act.--No 
     permit shall be required under section 402 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1342) or prohibition 
     enforced under any other provision of law for, nor shall any 
     best management practice regarding a discharge incidental to 
     the normal operation of a commercial vessel under this title 
     apply to, a discharge incidental to the normal operation of a 
     commercial vessel if the commercial vessel--
       (A) is less than 79 feet in length; or
       (B) is a fishing vessel, including a fish processing vessel 
     or fish tender vessel (as such terms are defined in section 
     2101 of title 46, United States Code).
       (2) Application of general permit and small vessel general 
     permit.--The terms and conditions of the General Permit and 
     the Small Vessel General Permit shall cease to apply to 
     vessels described in subparagraphs (A) and (B) of paragraph 
     (1) on and after the date of the enactment of this Act.
       (d) Review and Revision.--The Secretary, in concurrence 
     with the Administrator and in consultation with the States, 
     shall--
       (1) review the practices and standards established under 
     subsection (a) not less frequently than once every 10 years; 
     and
       (2) revise such practices consistent with the elements 
     described in paragraph (2) of such subsection.
       (e) State Petition for Revision of Best Management 
     Practices.--
       (1) In general.--The Governor of a State may submit a 
     petition to the Secretary requesting that the Secretary, in 
     concurrence with the Administrator, revise a best management 
     practice established under subsection (a) if there is new 
     information that could reasonably indicate that--
       (A) revising the best management practice would--
       (i) mitigate the adverse impacts on the marine environment 
     from discharges incidental to the normal operation of a 
     commercial vessel or from aquatic invasive species; and
       (ii) reduce the adverse effects on navigable waters of the 
     United States of discharges incidental to the normal 
     operation of a commercial vessel; and
       (B) the revised best management practice would be 
     economically achievable and operationally practicable.
       (2) Required information.--A petition submitted to the 
     Secretary under paragraph (1) shall include--
       (A) the scientific and technical information on which the 
     petition is based; and
       (B) any additional information the Secretary and 
     Administrator consider appropriate.
       (3) Public availability.--Upon receiving a petition under 
     paragraph (1), the Secretary shall make publicly available a 
     copy of the petition, including the information included 
     under paragraph (2).
       (4) Treatment of more than one petition as a single 
     petition.--The Secretary may treat more than one petition 
     submitted under paragraph (1) as a single petition.
       (5) Revision of best management practices.--If, after 
     reviewing a petition submitted by a Governor under paragraph 
     (1), the Secretary, in concurrence with the Administrator, 
     determines that revising a best management practice would 
     mitigate the adverse impacts on the marine environment from 
     discharges incidental to the normal operation of a commercial 
     vessel or from aquatic invasive species, the Secretary, in 
     concurrence with the Administrator and in consultation with 
     the States, shall revise such practice consistent with the 
     elements described in subsection (a)(2).
       (f) Repeal of No Permit Requirement.--Public Law 110-299 
     (33 U.S.C. 1342 note) is amended by striking section 2.

     SEC. __09. BEST MANAGEMENT PRACTICES FOR GREAT LAKES VESSELS.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary, in concurrence with the 
     Administrator, shall publish a final rule in the Federal 
     Register that establishes best management practices for--
       (1) ballast water for commercial vessels operating in 
     navigable waters of the United States within the Great Lakes 
     and Saint Lawrence River; and
       (2) discharges incidental to the normal operation of a 
     commercial vessel in navigable waters of the United States 
     for commercial vessels operating in the Great Lakes and Saint 
     Lawrence River that--
       (A) are greater than or equal to 79 feet in length; and
       (B) are not fishing vessels, including fish processing 
     vessels and fish tender vessels (as such terms are defined in 
     section 2101 of title 46, United States Code).
       (b) Elements.--The Secretary, in concurrence with the 
     Administrator and in consultation with the Governors of the 
     Great Lakes States and the owners or operators of commercial 
     vessels described in subsection (a), shall ensure that the 
     best management practices established under subsection (a)--
       (1) mitigate the adverse impacts on the marine environment 
     from discharges incidental to the normal operation of a 
     commercial vessel and aquatic invasive species;
       (2) use marine pollution control devices when appropriate;
       (3) are economically achievable and operationally 
     practicable;
       (4) do not compromise the safety of a commercial vessel; 
     and
       (5) to the extent possible, apply consistently to all 
     navigable waters of the United States within the Great Lakes 
     and Saint Lawrence River.
       (c) Transition.--
       (1) In general.--Notwithstanding the expiration date for 
     the General Permit and to the extent to which they do not 
     conflict with section __04(b), the following best management 
     practices applicable to commercial vessels described in 
     subsection (a) shall remain in effect until the date on which 
     the best management practices described in such subsection 
     are implemented under subsection (g)(1):
       (A) Best management practices required by Part 2 of the 
     General Permit.
       (B) Such other practices as required by the Secretary.
       (2) Part 6 best management practices.--Notwithstanding the 
     expiration date for the General Permit and to the extent to 
     which they do not conflict with section __04(b), the best 
     management practices described by the sections in Part 6 of 
     the General Permit applicable to the Great Lakes States that 
     are applicable to commercial vessels described in subsection 
     (a) shall expire on the date on which the best management 
     practices described in subsection (a) are implemented under 
     subsection (g)(1).
       (d) Outreach.--The Secretary shall solicit recommendations 
     and information from the Great Lakes States, Indian Tribes, 
     owners and operators of vessels described in subsection (a), 
     and other persons that the Secretary considers appropriate in 
     developing best management practices under subsection (a).
       (e) Review and Revision of Best Practices.--Not less 
     frequently than once every 5 years, the Secretary, in 
     coordination with the Administrator, shall review the best 
     management practices established under subsection (a) and 
     revise such practices by rule published in the Federal 
     Register consistent with subsections (b) and (d).
       (f) Revised Practices by State Petition.--
       (1) In general.--The Governor of a Great Lakes State may 
     petition the Secretary to revise the best management 
     practices established under subsection (a), including by 
     employing additional best management practices, consistent 
     with the elements described in subsection (b), to address new 
     and emerging aquatic nuisance species or pollution threats, 
     implement more effective practices, or update guidelines to 
     harmonize requirements on owners and operators of commercial 
     vessels described in subsection (a).
       (2) Determination.--
       (A) In general.--Not later than 180 days after receiving a 
     petition under paragraph (1), the Secretary, in coordination 
     with the Administrator, shall determine which, if any, best 
     management practices included in such petition shall be 
     required of commercial vessels described in subsection (a).
       (B) Consultation.--The Secretary shall consult with the 
     Governors of other Great Lakes States and owners or operators 
     of commercial vessels that would be subject to best 
     management practices pursuant to paragraph (1) before making 
     a determination under subparagraph (A).
       (3) Treatment of petition.--The Secretary may treat more 
     than one petition submitted under paragraph (1) as a single 
     petition.
       (4) Public availability.--The Secretary shall make publicly 
     available a petition and any supporting documentation 
     submitted under paragraph (1) for not less than 60 days prior 
     to approving or disapproving such petition.
       (g) Implementation.--
       (1) In general.--The Secretary shall implement the best 
     management practices established by final rule under 
     subsection (a) not later than 60 days after the date on which 
     the final rule is published in the Federal Register as 
     required by such subsection.
       (2) Implementation of practices by state petition.--Not 
     later than 90 days after making a determination under 
     subsection (f)(2), the Secretary shall, by rule published in 
     the Federal Register, require commercial vessels that would 
     be subject to the revised best management practices described 
     in such subsection to implement such practices.
       (h) Emergency Best Management Practices.--The Secretary, in 
     concurrence with the Administrator, may establish emergency 
     best management practices if the Secretary, in concurrence 
     with the Administrator, determines that such emergency best 
     management practices are necessary to reduce the risk of 
     introduction or establishment of aquatic nuisance species.
       (i) Public Availability.--The Secretary shall make publicly 
     available any determination made under this section.

     SEC. __10. JUDICIAL REVIEW.

       (a) In General.--A person may file a petition for review of 
     a final rule or a final agency action issued under this title 
     in the United States Court of Appeals for the District of 
     Columbia Circuit.
       (b) Deadline.--
       (1) In general.--A petition shall be filed under this 
     section not later than 120 days after the date on which the 
     final rule to be reviewed is published in the Federal 
     Register or the final agency action is issued, as the case 
     may be.
       (2) Exception.--Notwithstanding paragraph (1), a petition 
     that is based solely on grounds that arise after the deadline 
     to file

[[Page S723]]

     a petition under paragraph (1) has passed may be filed not 
     later than 120 days after the date on which such grounds 
     first arise.

     SEC. __11. STATE ENFORCEMENT.

       (a) State Authorities.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary, in coordination 
     with the Governors of the States, shall develop and publish 
     Federal and State inspection, data management, and 
     enforcement procedures for the enforcement of standards and 
     requirements under this title by States.
       (2) Procedures.--Procedures developed and published under 
     paragraph (1)--
       (A) may be periodically updated;
       (B) shall describe the conditions and procedures under 
     which the Secretary may suspend the agreement described in 
     paragraph (3); and
       (C) shall have a mechanism for the Secretary to provide to 
     the Governor of a State, if requested by the Governor, access 
     to Automated Identification System arrival data for inbound 
     vessels to specific ports or places of destination in the 
     State.
       (3) State enforcement.--The Secretary shall enter into an 
     agreement with the Governor of a State to authorize the State 
     to inspect vessels to enforce the provisions of this title in 
     accordance with the procedures developed under paragraph (1).
       (b) Fees.--
       (1) In general.--Subject to paragraphs (2), (3), and (4), a 
     State that assesses a permit fee, inspection fee, or other 
     fee related to the regulation of ballast water or a discharge 
     incidental to the normal operation of a commercial vessel 
     before the date of the enactment of this Act may assess a fee 
     to cover the costs of program administration, inspection, and 
     enforcement activities by the State.
       (2) Maximum fee.--Except as provided in paragraph (3), a 
     State may assess a fee under this subsection of not more than 
     $1,000 per qualifying voyage to the owner or operator of a 
     commercial vessel arriving at a port or place of destination 
     in the State.
       (3) Commercial vessels engaged in coastwise trade.--A State 
     may not assess more than $5,000 in fees per vessel each year 
     to the owner or operator of a commercial vessel registered 
     under the laws of the United States and lawfully engaged in 
     the coastwise trade.
       (4) Adjustment for inflation.--A State may adjust a fee 
     authorized by this subsection every 5 years to reflect the 
     percentage by which the Consumer Price Index for all urban 
     consumers published by the Department of Labor for the month 
     of October immediately preceding the date of adjustment 
     exceeds the Consumer Price Index for all urban consumers 
     published by the Department of Labor for the month of October 
     that immediately precedes the date that is 5 years before the 
     date of adjustment.
       (5) Qualifying voyage.--In this subsection, the term 
     ``qualifying voyage'' means a vessel arrival at a port or 
     place of destination in a State by a commercial vessel that 
     has operated outside of that State and excludes movement 
     entirely within a single port or place of destination.
       (c) Effect on State Authority.--Except as provided in 
     subsection (a) and as necessary to implement an agreement 
     entered into under such subsection, no State or political 
     subdivision thereof may adopt or enforce any statute, 
     regulation, or other requirement of the State or political 
     subdivision with respect to--
       (1) a discharge into navigable waters of the United States 
     from a commercial vessel of ballast water; or
       (2) a discharge into navigable waters of the United States 
     incidental to the normal operation of a commercial vessel.
       (d) Preservation of Authority.--Nothing in this title may 
     be construed as affecting the authority of a State or 
     political subdivision thereof to adopt or enforce any 
     statute, regulation, or other requirement with respect to any 
     water or other substance discharged or emitted from a vessel 
     in preparation for transport of the vessel by land from one 
     body of water to another body of water.

     SEC. __12. EFFECT ON OTHER LAWS.

       (a) Application of Federal Water Pollution Control Act.--
       (1) In general.--Except as provided in sections __08(b) and 
     __09(c) of this title, or in section 159.309 of title 33, 
     Code of Federal Regulations (or similar successor 
     regulations), on and after the date of the enactment of this 
     Act, section 402 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1342) shall not apply to a discharge into 
     navigable waters of the United States of ballast water from a 
     commercial vessel or a discharge incidental to the normal 
     operation of a commercial vessel.
       (2) Oil and hazardous substance liability; marine 
     sanitation devices.--Nothing in this title may be construed 
     as affecting the application to a commercial vessel of 
     section 311 or 312 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1321; 1322).
       (b) Established Regimes.--Notwithstanding any other 
     provision of this title, nothing in this title may be 
     construed as affecting the authority of the Federal 
     Government under--
       (1) the Act to Prevent Pollution from Ships (33 U.S.C. 1901 
     et seq.) with respect to the regulation by the Federal 
     Government of any discharge or emission that, on or after the 
     date of the enactment of this Act, is covered under--
       (A) the Protocol of 1978 Relating to the International 
     Convention for the Prevention of Pollution from Ships, 1973, 
     with annexes and protocols, done at London February 17, 1978; 
     or
       (B) title XIV of division B of the Consolidated 
     Appropriations Act, 2001 (33 U.S.C. 1901 note);
       (2) title X of the Coast Guard Authorization Act of 2010 
     (33 U.S.C. 3801 et seq.) with respect to the regulation by 
     the Federal Government of any anti-fouling system that, on or 
     after the date of the enactment of this Act, is covered under 
     the International Convention on the Control of Harmful Anti-
     fouling Systems on Ships, 2001, done at London October 5, 
     2001; and
       (3) section 312 of the Federal Water Pollution Control Act 
     (33 U.S.C. 1322).
       (c) International Law.--Any action taken under this title 
     shall be taken in accordance with international law.
       (d) Conforming Amendment.--Section 1205 of the 
     Nonindigenous Aquatic Nuisance Prevention and Control Act of 
     1990 (16 U.S.C. 4725) is amended by adding at the end the 
     following: ``Ballast water and discharges incidental to the 
     normal operation of a commercial vessel, as such terms are 
     defined in the Vessel Incidental Discharge Act, shall be 
     regulated pursuant to such Act.''.

     SEC. __13. QUAGGA MUSSEL.

       The Secretary of the Interior shall prescribe by regulation 
     that the quagga mussel (Dreissena rostriformis bugensis) is a 
     species that is injurious under section 42 of title 18, 
     United States Code.

     SEC. __14. COASTAL AQUATIC INVASIVE SPECIES MITIGATION GRANT 
                   PROGRAM AND MITIGATION FUND.

       (a) Coastal Aquatic Invasive Species Mitigation Grant 
     Program.--
       (1) Definitions.--In this subsection:
       (A) Coastal zone.--The term ``coastal zone'' has the 
     meaning given the term in section 304 of the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1453).
       (B) Eligible entity.--The term ``eligible entity'' means a 
     State government, local government, Indian Tribe, 
     nongovernmental organization, or academic institution.
       (C) Exclusive economic zone.--The term ``Exclusive Economic 
     Zone'' means the Exclusive Economic Zone of the United 
     States, as established by Presidential Proclamation 5030 of 
     March 10, 1983 (16 U.S.C. 1453 note).
       (D) Foundation.--The term ``Foundation'' means the National 
     Fish and Wildlife Foundation established by section 2(a) of 
     the National Fish and Wildlife Foundation Establishment Act 
     (16 U.S.C. 3701(a)).
       (E) Program.--The term ``Program'' means the Coastal 
     Aquatic Invasive Species Mitigation Grant Program established 
     under paragraph (2).
       (2) Establishment.--The Secretary of Commerce and the 
     Foundation shall establish the Coastal Aquatic Invasive 
     Species Mitigation Grant Program to award grants to eligible 
     entities, as described in this subsection.
       (3) Purposes.--The purposes of the Program are--
       (A) to improve the understanding, prevention, and 
     mitigation of, and response to, aquatic invasive species in 
     the coastal zone and the Exclusive Economic Zone;
       (B) to support the prevention and mitigation of impacts 
     from aquatic invasive species in the coastal zone of the 
     United States; and
       (C) to support the restoration of marine, estuarine, 
     Pacific Island habitats, and the Great Lakes environments in 
     the coastal zone and the Exclusive Economic Zone that are 
     impacted by aquatic invasive species.
       (4) Use of grants.--
       (A) In general.--A grant awarded under the Program shall be 
     used for an activity to carry out the purposes of the 
     Program, including an activity--
       (i) to develop and implement procedures and programs to 
     prevent, control, mitigate, or progressively eradicate 
     aquatic invasive species in the coastal zone or the Exclusive 
     Economic Zone, particularly in areas with high numbers of 
     established aquatic invasive species;
       (ii) to restore habitat impacted by an aquatic invasive 
     species;
       (iii) to develop new shipboard and land-based ballast water 
     treatment system technologies and performance standards to 
     prevent the introduction of aquatic invasive species;
       (iv) to develop mitigation measures to protect natural and 
     cultural living resources, including shellfish, from the 
     impacts of aquatic invasive species; or
       (v) to develop mitigation measures to protect 
     infrastructure, such as hydroelectric infrastructure, from 
     aquatic invasive species.
       (B) Prohibition on funding litigation.--A grant awarded 
     under the Program may not be used to fund litigation in any 
     matter.
       (5) Administration.--Not later than 90 days after the date 
     of enactment of this Act, the Foundation, in consultation 
     with the Secretary of Commerce, shall establish the 
     following:
       (A) Application and review procedures for awarding grants 
     under the Program.
       (B) Approval procedures for awarding grants under the 
     Program. Such procedures shall require consultation with the 
     Secretary of the Interior and the Administrator.
       (C) Performance accountability and monitoring measures for 
     activities funded by a grant awarded under the Program.

[[Page S724]]

       (D) Procedures and methods to ensure accurate accounting 
     and appropriate administration of grants awarded under the 
     Program, including standards of record keeping.
       (6) Matching requirement.--Each eligible entity awarded a 
     grant under the Program to carry out an activity shall 
     provide matching funds to carry out such activity, in cash or 
     through in-kind contributions from sources other than the 
     Federal Government, in an amount equal to 50 percent of the 
     cost of such activity.
       (7) Funding.--The Secretary of Commerce and the Foundation 
     shall use the amounts available in the Coastal Aquatic 
     Invasive Species Mitigation Fund established under subsection 
     (b), to award grants under the Program.
       (b) Coastal Aquatic Invasive Species Mitigation Fund.--
       (1) Creation of fund.--There is established in the Treasury 
     of the United States a trust fund to be known as the 
     ``Coastal Aquatic Invasive Species Mitigation Fund'' 
     (referred to in this section as the ``Fund''), consisting of 
     such amounts as may be appropriated or credited to the Fund 
     as provided in this section or section 9602 of the Internal 
     Revenue Code of 1986.
       (2) Transfers to fund.--
       (A) Appropriation.--There is authorized to be appropriated 
     from the Treasury to the Fund each fiscal year an amount 
     equal to the penalties assessed under section __03(b) of this 
     title in the prior fiscal year.
       (B) Authorization of further appropriations.--There is 
     authorized to be appropriated to the Fund, in addition to the 
     amounts transferred to the Fund under paragraph (1), 
     $5,000,000 for each fiscal year.
       (3) Expenditures from fund.--Amounts in the Fund shall be 
     available without further appropriation to the Secretary of 
     Commerce and the National Fish and Wildlife Foundation 
     established by section 2(a) of the National Fish and Wildlife 
     Foundation Establishment Act to award grants under the 
     Coastal Aquatic Invasive Species Mitigation Grant Program 
     established under subsection (a)(2).

     SEC. __15. RULES OF CONSTRUCTION.

       (a) International Standards.--Nothing in this title may be 
     construed to impose any design, equipment, or operation 
     standard on a commercial vessel not documented under the laws 
     of the United States and engaged in innocent passage unless 
     the standard implements a generally accepted international 
     rule, as determined by the Secretary.
       (b) Other Authorities.--Nothing in this title may construed 
     as affecting the authority of the Secretary of Commerce or 
     the Secretary of the Interior to administer lands or waters 
     under the administrative control of the Secretary of Commerce 
     or the Secretary of the Interior.
                                 ______
                                 
  SA 1930. Mr. McCONNELL proposed an amendment to the bill H.R. 1892, 
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, as follows:

       In lieu of the matter proposed to be inserted insert the 
     following:

     SECTION 1. SHORT TITLE.

       (a) Short Title.--This Act may be cited as the ``Bipartisan 
     Budget Act of 2018''.

   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

[[Page S725]]

     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.

[[Page S726]]

  


                         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

[[Page S727]]

     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

[[Page S728]]

     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,

[[Page S729]]

     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:

[[Page S730]]

       ``(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

[[Page S731]]

     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

[[Page S732]]

     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

[[Page S733]]

     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

[[Page S734]]

     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

[[Page S735]]

     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

[[Page S736]]

     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

[[Page S737]]

     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.

[[Page S738]]

       (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.

[[Page S739]]

       ``(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.

[[Page S740]]

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

[[Page S741]]

     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)).

[[Page S742]]

       ``(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

[[Page S743]]

     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) In general.--To enable the joint committee to exercise 
     its powers, functions, and duties under this subtitle, there 
     are authorized to be disbursed by the Senate the actual and 
     necessary expenses of the joint committee approved by the co-
     chairs, subject to the rules and regulations of the Senate.
       (B) Expenses.--To enable the joint committee to exercise 
     its powers, functions, and duties under this subtitle, there 
     are authorized to be appropriated for each fiscal year such 
     sums as may be necessary, to be disbursed by the Secretary of 
     the Senate on vouchers signed by the co-chairs.
       (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.
       (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.

       To enable the joint committee to exercise its powers, 
     functions, and duties under this subtitle, there are 
     authorized to be paid not more than $500,000 from the 
     appropriations account for ``Expenses of Inquiries and 
     Investigations'' of the Senate, such sums to be disbursed by 
     the Secretary of the Senate, in accordance with Senate rules 
     and procedures, upon vouchers signed by the co-chairs.

[[Page S744]]

     The funds authorized under this section shall be available 
     during the period beginning on the date of enactment of this 
     Act and ending on January 2, 2019.

     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) In general.--To enable the joint committee to exercise 
     its powers, functions, and duties under this subtitle, there 
     are authorized to be disbursed by the Senate the actual and 
     necessary expenses of the joint committee approved by the co-
     chairs, subject to the rules and regulations of the Senate.
       (B) Expenses.--To enable the joint committee to exercise 
     its powers, functions, and duties under this subtitle, there 
     are authorized to be appropriated for each fiscal year such 
     sums as may be necessary, to be disbursed by the Secretary of 
     the Senate on vouchers signed by the co-chairs.
       (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.

[[Page S745]]

       (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.
       (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.

       To enable the joint committee to exercise its powers, 
     functions, and duties under this subtitle, there are 
     authorized to be paid not more than $500,000 from the 
     appropriations account for ``Expenses of Inquiries and 
     Investigations'' of the Senate, such sums to be disbursed by 
     the Secretary of the Senate, in accordance with Senate rules 
     and procedures, upon vouchers signed by the co-chairs. The 
     funds authorized under this section shall be available during 
     the period beginning on the date of enactment of this Act and 
     ending on January 2, 2019.

     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

     SEC. 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.

[[Page S746]]

             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.

[[Page S747]]

  


     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.

[[Page S748]]

  


     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

[[Page S749]]

     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 law relating to false or fraudulent claims 
     that meets the requirements described in section 1909(b) of 
     the Social Security Act (42 U.S.C. 1396h(b)), 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.

[[Page S750]]

  


     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--

[[Page S751]]

       ``(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

[[Page S752]]

     (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.

[[Page S753]]

                    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.''.

[[Page S754]]

       (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--

[[Page S755]]

       (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.

[[Page S756]]

       ``(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.

[[Page S757]]

       (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--

[[Page S758]]

       (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).''.

[[Page S759]]

       (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

[[Page S760]]

     (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

[[Page S761]]

     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

[[Page S762]]

     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.''.

[[Page S763]]

  


   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--

[[Page S764]]

       (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

[[Page S765]]

     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)

[[Page S766]]

     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''.

[[Page S767]]

       (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).

[[Page S768]]

       ``(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

[[Page S769]]

     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

[[Page S770]]

     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

[[Page S771]]

     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

[[Page S772]]

     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;

[[Page S773]]

       ``(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'';

[[Page S774]]

       (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--

[[Page S775]]

       ``(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.--

[[Page S776]]

       ``(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);

[[Page S777]]

       ``(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

[[Page S778]]

     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

[[Page S779]]

     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

[[Page S780]]

     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

[[Page S781]]

     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

[[Page S782]]

     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

[[Page S783]]

     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)--

[[Page S784]]

       (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

[[Page S785]]

     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

[[Page S786]]

     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

[[Page S787]]

     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.--

[[Page S788]]

       (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

[[Page S789]]

     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.--

[[Page S790]]

       (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

[[Page S791]]

     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.
                                 ______
                                 
  SA 1931. Mr. McCONNELL proposed an amendment to amendment SA 1930 
proposed by Mr. McConnell to the bill H.R. 1892, 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, as 
follows:

       At the end add the following.
       ``This Act shall take effect 1 day after the date of 
     enactment.''
                                 ______
                                 
  SA 1932. Mr. McCONNELL proposed an amendment to the bill H.R. 1892, 
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; as follows:

       At the end add the following.
       ``This Act shall take effect 2 days after the date of 
     enactment.''
                                 ______
                                 
  SA 1933. Mr. McCONNELL proposed an amendment to amendment SA 1932 
proposed by Mr. McConnell to the bill H.R. 1892, 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; as 
follows:

       Strike ``2'' and insert ``3''
                                 ______
                                 
  SA 1934. Mr. McCONNELL proposed an amendment to amendment SA 1933 
proposed by Mr. McConnell to the amendment SA 1932 proposed by Mr. 
McConnell to the bill H.R. 1892, 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, as follows:

       Strike ``3 days'' and insert ``4 days''

                          ____________________