[Congressional Record Volume 164, Number 25 (Thursday, February 8, 2018)]
[House]
[Pages H1002-H1071]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 0440
HONORING HOMETOWN HEROES ACT
General Leave
Mr. FRELINGHUYSEN. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days to revise and extend their remarks
and include extraneous material on the further discussion of H.R. 1892.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. FRELINGHUYSEN. Mr. Speaker, pursuant to House Resolution 734, I
call up 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, with the Senate
amendment to the House amendment to the Senate amendment thereto, and
ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendment to the House amendment to the Senate amendment.
Senate amendment to House amendment to Senate amendment:
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
[[Page H1003]]
hurricanes and wildfires occurring in calendar year 2017
under such terms and conditions as determined by the
Secretary: Provided, That the Secretary may provide
assistance for such losses in the form of block grants to
eligible states and territories: Provided further, That the
total amount of payments received under this heading and
applicable policies of crop insurance under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) or the Noninsured Crop
Disaster Assistance Program (NAP) under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333) shall not exceed 85 percent of the loss as
determined by the Secretary: Provided further, That the
total amount of payments received under this heading for
producers who did not obtain a policy or plan of insurance
for an insurable commodity for the 2017 crop year, or 2018
crop year as applicable, under the Federal Crop Insurance Act
(7 U.S.C. 1501 et seq.) for the crop incurring the losses or
did not file the required paperwork and pay the service fee
by the applicable State filing deadline for a noninsurable
commodity for the 2017 crop year, or 2018 crop year as
applicable, under NAP for the crop incurring the losses shall
not exceed 65 percent of the loss as determined by the
Secretary: Provided further, That producers receiving
payments under this heading, as determined by the Secretary,
shall be required to purchase crop insurance where crop
insurance is available for the next two available crop years,
and producers receiving payments under this heading shall be
required to purchase coverage under NAP where crop insurance
is not available in the next two available crop years, as
determined by the Secretary: Provided further, That, not
later than 90 days after the end of fiscal year 2018, the
Secretary shall submit a report to the Congress specifying
the type, amount, and method of such assistance by state and
territory and the status of the amounts obligated and plans
for further expenditure and include improvements that can be
made to Federal Crop Insurance policies, either
administratively or legislatively, to increase participation,
particularly among underserved producers, in higher levels of
coverage in future years for crops qualifying for assistance
under this heading: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Office of Inspector General
For an additional amount for ``Office of Inspector
General'', $2,500,000, to remain available until expended,
for oversight and audit of programs, grants, and activities
funded by this subdivision and administered by the Department
of Agriculture: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Agricultural Research Service
buildings and facilities
For an additional amount for ``Buildings and Facilities'',
$22,000,000, to remain available until expended, for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Farm Service Agency
emergency conservation program
For an additional amount for the ``Emergency Conservation
Program'', for necessary expenses related to the consequences
of Hurricanes Harvey, Irma, and Maria and of wildfires
occurring in calendar year 2017, and other natural disasters,
$400,000,000, to remain available until expended: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood
Prevention Operations'', for necessary expenses for the
Emergency Watershed Protection Program related to the
consequences of Hurricanes Harvey, Irma, and Maria and of
wildfires occurring in calendar year 2017, and other natural
disasters, $541,000,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
RURAL DEVELOPMENT PROGRAMS
Rural Housing Service
rural housing insurance fund program account
For an additional amount for ``Rural Housing Insurance Fund
Program Account'', $18,672,000, to remain available until
September 30, 2019, for the cost of direct loans, including
the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, for the rehabilitation of
section 515 rental housing (42 U.S.C. 1485) in areas impacted
by Hurricanes Harvey, Irma, and Maria where owners were not
required to carry national flood insurance: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Rural Utilities Service
rural water and waste disposal program account
For an additional amount for the ``Rural Water and Waste
Disposal Program Account'', $165,475,000, to remain available
until expended, for grants to repair drinking water systems
and sewer and solid waste disposal systems impacted by
Hurricanes Harvey, Irma, and Maria: Provided, That not to
exceed $2,000,000 of the amount appropriated under this
heading shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(22) of the
Consolidated Farm and Rural Development Act: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
DOMESTIC FOOD PROGRAMS
Food and Nutrition Service
special supplemental nutrition program for women, infants, and children
(wic)
For an additional amount for the ``Special Supplemental
Nutrition Program for Women, Infants, and Children'',
$14,000,000, to remain available until September 30, 2019,
for infrastructure grants to the Commonwealth of Puerto Rico
and the U.S. Virgin Islands to assist in the repair and
restoration of buildings, equipment, technology, and other
infrastructure damaged as a consequence of Hurricanes Irma
and Maria: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
commodity assistance program
For an additional amount for ``Commodity Assistance
Program'' for the emergency food assistance program as
authorized by section 27(a) of the Food and Nutrition Act of
2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the
Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)),
$24,000,000, to remain available until September 30, 2019,
for necessary expenses of those jurisdictions that received a
major disaster or emergency declaration pursuant to section
401 or 501, respectively, of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191)
related to the consequences of Hurricanes Harvey, Irma, and
Maria or due to wildfires in 2017: Provided, That
notwithstanding any other provisions of the Emergency Food
Assistance Act of 1983, the Secretary of Agriculture may
provide resources to Puerto Rico, the Virgin Islands of the
United States, and affected States, as determined by the
Secretary, to assist affected families and individuals
without regard to sections 204 and 214 of such Act (7 U.S.C.
7508, 7515) by allocating additional foods and funds for
administrative expenses from resources specifically
appropriated, transferred, or reprogrammed: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
buildings and facilities
(including transfer of funds)
For an additional amount for ``Buildings and Facilities'',
$7,600,000, to remain available until expended, for necessary
expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria: Provided, That such amount may be
transferred to ``Department of Health and Human Services--
Food and Drug Administration--Salaries and Expenses'' for
costs related to repair of facilities, for replacement of
equipment, and for other increases in facility-related costs:
Provided further, That obligations incurred for the purposes
provided herein prior to the date of enactment of this
subdivision may be charged to funds appropriated by this
paragraph: Provided further, That such amount is designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
GENERAL PROVISION--THIS TITLE
Sec. 20101. (a) Section 1501(b) of the Agricultural Act of
2014 (7 U.S.C. 9081(b)) is amended--
(1) in paragraph (1), in the matter before subparagraph
(A), by inserting ``sold livestock for a reduced sale price,
or both'' after ``normal mortality,'';
(2) in paragraph (2), by striking ``applicable livestock on
the day before the date of death of the livestock, as
determined by the Secretary.'' and inserting the following:
``affected livestock, as determined by the Secretary, on, as
applicable--
``(A) the day before the date of death of the livestock; or
``(B) the day before the date of the event that caused the
harm to the livestock that resulted in a reduced sale
price.''; and
(3) by adding at the end the following new paragraph:
``(4) A payment made under paragraph (1) to an eligible
producer on a farm that sold livestock for a reduced sale
price shall--
``(A) be made if the sale occurs within a reasonable period
following the event, as determined by the Secretary; and
``(B) be reduced by the amount that the producer received
for the sale.''.
(b) Section 1501(d)(1) of the Agricultural Act of 2014 (7
U.S.C. 9081(d)(1)) is amended by striking ``not more than
$20,000,000 of''.
(c) Section 1501(e)(4)(C) of the Agricultural Act of 2014
(7 U.S.C. 9081(e)(4)(C)) is amended by striking ``500 acres''
and inserting ``1,000 acres''.
(d) Section 1501 of the Agricultural Act of 2014 (7 U.S.C.
9081) is amended--
(1) in subsection (e)(4)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C), as amended by
subsection (c), as subparagraph (B); and
[[Page H1004]]
(2) in subsection (f)(2), by striking ``subsection (e)''
and inserting ``subsections (b) and (e)''.
(e) Section 1501 of the Agricultural Act of 2014 (7 U.S.C.
9081), as amended by this section, shall apply with respect
to losses described in such section 1501 incurred on or after
January 1, 2017.
(f) The amounts provided by subsections (a) through (e) for
fiscal year 2018 are designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
TITLE II
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
(including transfers of funds)
Pursuant to section 703 of the Public Works and Economic
Development Act (42 U.S.C. 3233), for an additional amount
for ``Economic Development Assistance Programs'' for
necessary expenses related to flood mitigation, disaster
relief, long-term recovery, and restoration of infrastructure
in areas that received a major disaster designation as a
result of Hurricanes Harvey, Irma, and Maria, and of
wildfires and other natural disasters occurring in calendar
year 2017 under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$600,000,000, to remain available until expended: Provided,
That the amount provided under this heading is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further,
That within the amount appropriated, up to 2 percent of funds
may be transferred to the ``Salaries and Expenses'' account
for administration and oversight activities: Provided
further, That within the amount appropriated, $1,000,000
shall be transferred to the ``Office of Inspector General''
account for carrying out investigations and audits related to
the funding provided under this heading.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'' for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria,
$120,904,000, to remain available until September 30, 2019,
as follows:
(1) $12,904,000 for repair and replacement of observing
assets, Federal real property, and equipment;
(2) $18,000,000 for marine debris assessment and removal;
(3) $40,000,000 for mapping, charting, and geodesy
services; and
(4) $50,000,000 to improve weather forecasting, hurricane
intensity forecasting and flood forecasting and mitigation
capabilities, including data assimilation from ocean
observing platforms and satellites:
Provided, That the amount provided under this heading is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That the National Oceanic and Atmospheric
Administration shall submit a spending plan to the Committees
on Appropriations of the House of Representatives and the
Senate within 45 days after the date of enactment of this
subdivision.
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'' for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria,
$79,232,000, to remain available until September 30, 2020, as
follows:
(1) $29,232,000 for repair and replacement of Federal real
property and observing assets; and
(2) $50,000,000 for improvements to operational and
research weather supercomputing infrastructure and for
improvement of satellite ground services used in hurricane
intensity and track prediction:
Provided, That the amount provided under this heading is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That the National Oceanic and Atmospheric
Administration shall submit a spending plan to the Committees
on Appropriations of the House of Representatives and the
Senate within 45 days after the date of enactment of this
subdivision.
fisheries disaster assistance
For an additional amount for ``Fisheries Disaster
Assistance'' for necessary expenses associated with the
mitigation of fishery disasters, $200,000,000, to remain
available until expended: Provided, That funds shall be used
for mitigating the effects of commercial fishery failures and
fishery resource disasters declared by the Secretary of
Commerce in calendar year 2017, as well those declared by the
Secretary to be a direct result of Hurricanes Harvey, Irma,
or Maria: Provided further, That the amount provided under
this heading is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
DEPARTMENT OF JUSTICE
United States Marshals Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $2,500,000: Provided, That the
amount provided under this heading is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $21,200,000: Provided, That the
amount provided under this heading is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $11,500,000: Provided, That the
amount provided under this heading is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Federal Prison System
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $16,000,000: Provided, That the
amount provided under this heading is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
buildings and facilities
For an additional amount for ``Buildings and Facilities''
for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, $34,000,000, to remain
available until expended: Provided, That the amount provided
under this heading is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
SCIENCE
National Aeronautics and Space Administration
construction and environmental compliance and restoration
For an additional amount for ``Construction and
Environmental Compliance and Restoration'' for repairs at
National Aeronautics and Space Administration facilities
damaged by hurricanes during 2017, $81,300,000, to remain
available until expended: Provided, That the amount provided
under this heading is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
National Science Foundation
research and related activities
For an additional amount for ``Research and Related
Activities'' for necessary expenses to repair National
Science Foundation radio observatory facilities damaged by
hurricanes that occurred during 2017, $16,300,000, to remain
available until expended: Provided, That the amount provided
under this heading is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That the National Science Foundation
shall submit a spending plan to the Committees on
Appropriations of the House of Representatives and the Senate
within 45 days after the date of enactment of this
subdivision.
RELATED AGENCIES
Legal Services Corporation
payment to the legal services corporation
For an additional amount for ``Payment to the Legal
Services Corporation'' to carry out the purposes of the Legal
Services Corporation Act by providing for necessary expenses
related to the consequences of Hurricanes Harvey, Irma, and
Maria and of the calendar year 2017 wildfires, $15,000,000:
Provided, That the amount made available under this heading
shall be used only to provide the mobile resources,
technology, and disaster coordinators necessary to provide
storm-related services to the Legal Services Corporation
client population and only in the areas significantly
affected by Hurricanes Harvey, Irma, and Maria and by the
calendar year 2017 wildfires: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That none of the funds appropriated
in this subdivision to the Legal Services Corporation shall
be expended for any purpose prohibited or limited by, or
contrary to any of the provisions of, sections 501, 502, 503,
504, 505, and 506 of Public Law 105-119, and all funds
appropriated in this subdivision to the Legal Services
Corporation shall be subject to the same terms and conditions
set forth in such sections, except that all references in
sections 502 and 503 to 1997 and 1998 shall be deemed to
refer instead to 2017 and 2018, respectively, and except that
sections 501 and 503 of Public Law 104-134 (referenced by
Public Law 105-119) shall not apply to the amount made
available under this heading: Provided further, That, for
the purposes of this subdivision, the Legal Services
Corporation shall be considered an agency of the United
States Government.
GENERAL PROVISION--THIS TITLE
Sec. 20201. (a) In recognition of the consistency of the
Mid-Barataria Sediment Diversion,
[[Page H1005]]
Mid-Breton Sound Sediment Diversion, and Calcasieu Ship
Channel Salinity Control Measures projects, as selected by
the 2017 Louisiana Comprehensive Master Plan for a
Sustainable Coast, with the findings and policy declarations
in section 2(6) of the Marine Mammal Protection Act (16
U.S.C. 1361 et seq., as amended) regarding maintaining the
health and stability of the marine ecosystem, within 120 days
of the enactment of this section, the Secretary of Commerce
shall issue a waiver pursuant to section 101(a)(3)(A) and
this section to section 101(a) and section 102(a) of the Act,
for such projects that will remain in effect for the duration
of the construction, operations and maintenance of the
projects. No rulemaking, permit, determination, or other
condition or limitation shall be required when issuing a
waiver pursuant to this section.
(b) Upon issuance of a waiver pursuant to this section, the
State of Louisiana shall, in consultation with the Secretary
of Commerce:
(1) To the extent practicable and consistent with the
purposes of the projects, minimize impacts on marine mammal
species and population stocks; and
(2) Monitor and evaluate the impacts of the projects on
such species and population stocks.
TITLE III
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $20,110,000, for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $267,796,000, for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $17,920,000, for necessary expenses related
to the consequences of Hurricanes Harvey, Irma, and Maria:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $20,916,000, for necessary expenses related to
the consequences of Hurricanes Harvey, Irma, and Maria:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $2,650,000, for necessary expenses related to
the consequences of Hurricanes Harvey, Irma, and Maria:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $12,500,000, for necessary expenses related
to the consequences of Hurricanes Harvey, Irma, and Maria:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $2,922,000, for necessary expenses related to
the consequences of Hurricanes Harvey, Irma, and Maria:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $5,770,000, for necessary expenses
related to the consequences of Hurricanes Harvey, Irma, and
Maria: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $55,471,000, for necessary expenses
related to the consequences of Hurricanes Harvey, Irma, and
Maria: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
PROCUREMENT
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy''
$18,000,000, to remain available until September 30, 2020,
for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'' for the Navy Working Capital Fund, $9,486,000, for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for operation and maintenance for
``Defense Health Program'', $704,000, for necessary expenses
related to the consequences of Hurricanes Harvey, Irma, and
Maria: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
TITLE IV
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
investigations
For an additional amount for ``Investigations'' for
necessary expenses related to the completion, or initiation
and completion, of flood and storm damage reduction,
including shore protection, studies which are currently
authorized or which are authorized after the date of
enactment of this subdivision, to reduce risk from future
floods and hurricanes, at full Federal expense, $135,000,000,
to remain available until expended: Provided, That of such
amount, not less than $75,000,000 is available for such
studies in States and insular areas that were impacted by
Hurricanes Harvey, Irma, and Maria: Provided further, That
funds made available under this heading shall be for high-
priority studies of projects in States and insular areas with
more than one flood-related major disaster declared pursuant
to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) in calendar years
2014, 2015, 2016, or 2017: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That the Assistant Secretary of the
Army for Civil Works shall provide a monthly report to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the allocation and obligation of
these funds, including new studies selected to be initiated
using funds provided under this heading, beginning not later
than 60 days after the enactment of this subdivision.
construction
For an additional amount for ``Construction'' for necessary
expenses to address emergency situations at Corps of
Engineers projects, and to construct, and rehabilitate and
repair damages caused by natural disasters, to Corps of
Engineers projects, $15,055,000,000, to remain available
until expended: Provided, That of such amount,
$15,000,000,000 is available to construct flood and storm
damage reduction, including shore protection, projects which
are currently authorized or which are authorized after the
date of enactment of this subdivision, and flood and storm
damage reduction, including shore protection, projects which
have signed Chief's Reports as of the date of enactment of
this subdivision or which are studied using funds provided
under the heading ``Investigations'' if the Secretary
determines such projects to be technically feasible,
economically justified, and environmentally acceptable, in
States and insular areas with more than one flood-related
major disaster declared pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) in calendar years 2014, 2015, 2016, or 2017:
Provided further, That of the amounts in the preceding
proviso, not less than $10,425,000,000 shall be available for
such projects within States and insular areas that were
impacted by Hurricanes Harvey, Irma, and Maria: Provided
further, That all repair, rehabilitation, study, design, and
construction of Corps of Engineers projects in Puerto Rico
and the United States Virgin Islands, using funds provided
under this heading, shall be conducted at full Federal
expense: Provided further, That for projects receiving
funding under this heading, the provisions of section 902 of
the Water Resources Development Act of 1986 shall not apply
to these funds: Provided further, That the completion of
ongoing construction projects receiving funds provided under
this heading shall be at full Federal expense with respect to
such funds: Provided further, That using funds provided
under this heading, the non-Federal cash contribution for
projects eligible for funding pursuant to the first proviso
shall be financed in accordance with the provisions of
section 103(k) of Public Law 99-662 over a period of 30 years
from the date of completion of the project or separable
element: Provided further, That up to $50,000,000 of the
funds made available under this heading shall be used for
continuing authorities projects to reduce the risk of
flooding and storm damage: Provided further, That any
projects using funds appropriated under this heading shall be
initiated only after non-Federal interests have entered into
binding agreements with the Secretary requiring, where
applicable, the non-Federal interests to pay 100 percent of
the operation, maintenance, repair, replacement, and
rehabilitation costs of the
[[Page H1006]]
project and to hold and save the United States free from
damages due to the construction or operation and maintenance
of the project, except for damages due to the fault or
negligence of the United States or its contractors: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That the Assistant
Secretary of the Army for Civil Works shall provide a monthly
report to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and
obligation of these funds, beginning not later than 60 days
after the enactment of this subdivision.
mississippi river and tributaries
For an additional amount for ``Mississippi River and
Tributaries'' for necessary expenses to address emergency
situations at Corps of Engineers projects, and to construct,
and rehabilitate and repair damages to Corps of Engineers
projects, caused by natural disasters, $770,000,000, to
remain available until expended: Provided, That of such
amount, $400,000,000 is available to construct flood and
storm damage reduction projects which are currently
authorized or which are authorized after the date of
enactment of this subdivision: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That the Assistant Secretary of the
Army for Civil Works shall provide a monthly report to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the allocation and obligation of
these funds, beginning not later than 60 days after the
enactment of this subdivision.
operation and maintenance
For an additional amount for ``Operation and Maintenance''
for necessary expenses to dredge Federal navigation projects
in response to, and repair damages to Corps of Engineers
Federal projects caused by, natural disasters, $608,000,000,
to remain available until expended, of which such sums as are
necessary to cover the Federal share of eligible operation
and maintenance costs for coastal harbors and channels, and
for inland harbors shall be derived from the Harbor
Maintenance Trust Fund: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That the Assistant Secretary of the Army
for Civil Works shall provide a monthly report to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the allocation and obligation of
these funds, beginning not later than 60 days after the
enactment of this subdivision.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of
August 18, 1941 (33 U.S.C. 701n), for necessary expenses to
prepare for flood, hurricane and other natural disasters and
support emergency operations, repairs, and other activities
in response to such disasters, as authorized by law,
$810,000,000, to remain available until expended: Provided,
That funding utilized for authorized shore protection
projects shall restore such projects to the full project
profile at full Federal expense: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That the Assistant Secretary of the
Army for Civil Works shall provide a monthly report to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the allocation and obligation of
these funds, beginning not later than 60 days after the
enactment of this subdivision.
expenses
For an additional amount for ``Expenses'' for necessary
expenses to administer and oversee the obligation and
expenditure of amounts provided in this title for the Corps
of Engineers, $20,000,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That the
Assistant Secretary of the Army for Civil Works shall provide
a monthly report to the Committees on Appropriations of the
House of Representatives and the Senate detailing the
allocation and obligation of these funds, beginning not later
than 60 days after enactment of this subdivision.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Electricity Delivery and Energy Reliability
For an additional amount for ``Electricity Delivery and
Energy Reliability'', $13,000,000, to remain available until
expended, for necessary expenses related to the consequences
of Hurricanes Harvey, Irma, and Maria, including technical
assistance related to electric grids: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Strategic Petroleum Reserve
For an additional amount for ``Strategic Petroleum
Reserve'', $8,716,000, to remain available until expended,
for necessary expenses related to damages caused by
Hurricanes Harvey, Irma, and Maria: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 20401. In fiscal year 2018, and each fiscal year
thereafter, the Chief of Engineers of the U.S. Army Corps of
Engineers shall transmit to the Congress, after reasonable
opportunity for comment, but without change, by the Assistant
Secretary of the Army for Civil Works, a monthly report, the
first of which shall be transmitted to Congress not later
than 2 days after the date of enactment of this subdivision
and monthly thereafter, which includes detailed estimates of
damages to each Corps of Engineers project, caused by natural
disasters or otherwise.
Sec. 20402. From the unobligated balances of amounts made
available to the U.S. Army Corps of Engineers, $518,900,000
under the heading ``Corps of Engineers--Civil, Flood Control
and Coastal Emergencies'' and $210,000,000 under the heading
``Corps of Engineers--Civil, Operations and Maintenance'' in
title X of the Disaster Relief Appropriations Act, 2013
(Public Law 113-2; 127 Stat. 25) shall be transferred to
``Corps of Engineers--Civil, Construction'', to remain
available until expended, to rehabilitate, repair and
construct Corps of Engineers projects: Provided, That those
projects may only include construction expenses, including
cost sharing, as described under the heading ``Corps of
Engineers--Civil, Construction'' in title X of that Act or
other construction expenses related to the consequences of
Hurricane Sandy: Provided further, That amounts transferred
pursuant to this section that were previously designated by
the Congress as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act are
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further,
That the Assistant Secretary of the Army for Civil Works
shall provide a monthly report to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of these funds,
beginning not later than 60 days after the enactment of this
subdivision.
TITLE V
INDEPENDENT AGENCIES
General Services Administration
real property activities
federal buildings fund
For an additional amount to be deposited in the ``Federal
Buildings Fund'', $126,951,000, to remain available until
expended, for necessary expenses related to the consequences
of Hurricanes Harvey, Maria, and Irma for repair and
alteration of buildings under the custody and control of the
Administrator of General Services, and real property
management and related activities not otherwise provided for:
Provided, That funds may be used to reimburse the ``Federal
Buildings Fund'' for obligations incurred for this purpose
prior to enactment of this subdivision: Provided further,
That not more than $15,000,000 shall be available for tenant
improvements in damaged U.S. courthouses: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Small Business Administration
office of inspector general
For an additional amount for the ``Office of Inspector
General'', $7,000,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
disaster loans program account
(including transfer of funds)
For an additional amount for the ``Disaster Loans Program
Account'' for the cost of direct loans authorized by section
7(b) of the Small Business Act, $1,652,000,000, to remain
available until expended: Provided, That up to $618,000,000
may be transferred to and merged with ``Salaries and
Expenses'' for administrative expenses to carry out the
disaster loan program authorized by section 7(b) of the Small
Business Act: Provided further, That none of the funds
provided under this heading may be used for indirect
administrative expenses: Provided further, That the amount
provided under this heading is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of Inspector General
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $25,000,000, to remain available
until September 30, 2020, for audits and investigations of
activities funded by this title: Provided, That such amount
is designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $104,494,000, to remain available
[[Page H1007]]
until September 30, 2019: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That not more than $39,400,000 may be used
to carry out U.S. Customs and Border Protection activities in
fiscal year 2018 in Puerto Rico and the United States Virgin
Islands, in addition to any other amounts available for such
purposes.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction,
and Improvements'' for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria, including
for the reconstruction of facilities affected, $45,000,000,
to remain available until September 30, 2022: Provided, That
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That funds are provided to carry out
U.S. Customs and Border Protection activities in Puerto Rico
and the United States Virgin Islands, in addition to any
other amounts available for such purposes.
U.S. Immigration and Customs Enforcement
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $30,905,000, to remain available
until September 30, 2019: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction,
and Improvements'' for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria,
$33,052,000, to remain available until September 30, 2022:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Transportation Security Administration
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $10,322,000, to remain available
until September 30, 2019: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Coast Guard
operating expenses
For an additional amount for ``Operating Expenses'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $112,136,000, to remain available
until September 30, 2019: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
environmental compliance and restoration
For an additional amount for ``Environmental Compliance and
Restoration'' for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria,
$4,038,000, to remain available until September 30, 2022:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
acquisition, construction, and improvements
For an additional amount for Acquisition, Construction, and
Improvements'' for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, Maria, and Matthew,
$718,919,000, to remain available until September 30, 2022:
Provided, That, not later than 60 days after enactment of
this subdivision, the Secretary of Homeland Security, or her
designee, shall submit to the Committees on Appropriations of
the House of Representatives and the Senate a detailed
expenditure plan for funds appropriated under this heading:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Federal Emergency Management Agency
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $58,800,000, to remain available
until September 30, 2019: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction,
and Improvements'' for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria,
$1,200,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
disaster relief fund
For an additional amount for ``Disaster Relief Fund'' for
major disasters declared pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), $23,500,000,000, to remain available until
expended: Provided, That the Administrator of the Federal
Emergency Management Agency shall publish on the Agency's
website not later than 5 days after an award of a public
assistance grant under section 406 or 428 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172 or 5189f) that is in excess of $1,000,000, the
specifics of each such grant award: Provided further, That
for any mission assignment or mission assignment task order
to another Federal department or agency regarding a major
disaster in excess of $1,000,000, not later than 5 days after
the issuance of such mission assignment or mission assignment
task order, the Administrator shall publish on the Agency's
website the following: the name of the impacted State, the
disaster declaration for such State, the assigned agency, the
assistance requested, a description of the disaster, the
total cost estimate, and the amount obligated: Provided
further, That not later than 10 days after the last day of
each month until a mission assignment or mission assignment
task order described in the preceding proviso is completed
and closed out, the Administrator shall update any changes to
the total cost estimate and the amount obligated: Provided
further, That for a disaster declaration related to
Hurricanes Harvey, Irma, or Maria, the Administrator shall
submit to the Committees on Appropriations of the House of
Representatives and the Senate, not later than 5 days after
the first day of each month beginning after the date of
enactment of this subdivision, and shall publish on the
Agency's website, not later than 10 days after the first day
of each such month, an estimate or actual amount, if
available, for the current fiscal year of the cost of the
following categories of spending: public assistance,
individual assistance, operations, mitigation,
administrative, and any other relevant category (including
emergency measures and disaster resources): Provided,
further, That not later than 10 days after the first day of
each month, the Administrator shall publish on the Agency's
website the report (referred to as the Disaster Relief
Monthly Report) as required by Public Law 114-4: Provided
further, That of the amounts provided under this heading for
the Disaster Relief Fund, up to $150,000,000 shall be
transferred to the Disaster Assistance Direct Loan Program
Account for the cost to lend a territory or possession of the
United States that portion of assistance for which the
territory or possession is responsible under the cost-sharing
provisions of the major disaster declaration for Hurricanes
Irma or Maria, as authorized under section 319 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5162): Provided further, That of the amount provided
under this paragraph for transfer, up to $1,000,000 may be
transferred to the Disaster Assistance Direct Loan Program
Account for administrative expenses to carry out the Advance
of Non-Federal Share program, as authorized by section 319 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5162): Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
Federal Law Enforcement Training Centers
operations and support
For an additional amount for ``Operations and Support'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $5,374,000, to remain available
until September 30, 2019: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
procurement, construction, and improvements
For an additional amount for ``Procurement, Construction,
and Improvements'' for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria,
$5,000,000, to remain available until September 30, 2022:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 20601. The Administrator of the Federal Emergency
Management Agency may provide assistance, pursuant to section
428 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), for critical
services as defined in section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act for the duration
of the recovery for incidents DR-4336-PR, DR-4339-PR, DR-
4340-USVI, and DR-4335-USVI to--
(1) replace or restore the function of a facility or system
to industry standards without regard to the pre-disaster
condition of the facility or system; and
(2) replace or restore components of the facility or system
not damaged by the disaster where necessary to fully
effectuate the replacement or restoration of disaster-damaged
components to restore the function of the facility or system
to industry standards.
Sec. 20602. Notwithstanding section 404 or 420 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170c and 8187), for fiscal years 2017 and
2018, the President shall provide hazard mitigation
assistance
[[Page H1008]]
in accordance with such section 404 in any area in which
assistance was provided under such section 420.
Sec. 20603. The third proviso of the second paragraph in
title I of Public Law 115-72 under the heading ``Federal
Emergency Management Agency--Disaster Relief Fund'' shall be
amended by striking ``180 days'' and inserting ``365 days'':
Provided, That amounts repurposed pursuant to this section
that were previously designated by the Congress as an
emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act are designated by the Congress
as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 20604. (a) Definition of Private Nonprofit Facility.--
Section 102(11)(B) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122(11)(B)) is
amended to read as follows:
``(A) In general.--The term `private nonprofit facility'
means private nonprofit educational (without regard to the
religious character of the facility), utility, irrigation,
emergency, medical, rehabilitational, and temporary or
permanent custodial care facilities (including those for the
aged and disabled) and facilities on Indian reservations, as
defined by the President.
``(B) Additional facilities.--In addition to the facilities
described in subparagraph (A), the term `private nonprofit
facility' includes any private nonprofit facility that
provides essential social services to the general public
(including museums, zoos, performing arts facilities,
community arts centers, community centers, libraries,
homeless shelters, senior citizen centers, rehabilitation
facilities, shelter workshops, broadcasting facilities,
houses of worship, and facilities that provide health and
safety services of a governmental nature), as defined by the
President. No house of worship may be excluded from this
definition because leadership or membership in the
organization operating the house of worship is limited to
persons who share a religious faith or practice.''.
(b) Repair, Restoration, and Replacement of Damaged
Facilities.--Section 406(a)(3) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172(a)(3)) is amended by adding at the end the following:
``(C) Religious facilities.--A church, synagogue, mosque,
temple, or other house of worship, educational facility, or
any other private nonprofit facility, shall be eligible for
contributions under paragraph (1)(B), without regard to the
religious character of the facility or the primary religious
use of the facility. No house of worship, educational
facility, or any other private nonprofit facility may be
excluded from receiving contributions under paragraph (1)(B)
because leadership or membership in the organization
operating the house of worship is limited to persons who
share a religious faith or practice.''.
(c) Applicability.--This section and the amendments made by
this section shall apply--
(1) to the provision of assistance in response to a major
disaster or emergency declared on or after August 23, 2017;
or
(2) with respect to--
(A) any application for assistance that, as of the date of
enactment of this Act, is pending before Federal Emergency
Management Agency; and
(B) any application for assistance that has been denied,
where a challenge to that denial is not yet finally resolved
as of the date of enactment of this Act.
Sec. 20605. (a) The Federal share of assistance, including
direct Federal assistance, provided under section 407 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5173), with respect to a major disaster
declared pursuant to such Act for damages resulting from a
wildfire in calendar year 2017, shall be 90 percent of the
eligible costs under such section.
(b) The Federal share provided by subsection (a) shall
apply to assistance provided before, on, or after the date of
enactment of this Act.
federal cost-share adjustments for repair, restoration, and replacement
of damaged facilities
Sec. 20606. Section 406(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5172(b)) is amended by inserting after paragraph (2) the
following:
``(3) Increased federal share.--
``(A) Incentive measures.--The President may provide
incentives to a State or Tribal government to invest in
measures that increase readiness for, and resilience from, a
major disaster by recognizing such investments through a
sliding scale that increases the minimum Federal share to 85
percent. Such measures may include--
``(i) the adoption of a mitigation plan approved under
section 322;
``(ii) investments in disaster relief, insurance, and
emergency management programs;
``(iii) encouraging the adoption and enforcement of the
latest published editions of relevant consensus-based codes,
specifications, and standards that incorporate the latest
hazard-resistant designs and establish minimum acceptable
criteria for the design, construction, and maintenance of
residential structures and facilities that may be eligible
for assistance under this Act for the purpose of protecting
the health, safety, and general welfare of the buildings'
users against disasters;
``(iv) facilitating participation in the community rating
system; and
``(v) funding mitigation projects or granting tax
incentives for projects that reduce risk.
``(B) Comprehensive guidance.--Not later than 1 year after
the date of enactment of this paragraph, the President,
acting through the Administrator, shall issue comprehensive
guidance to State and Tribal governments regarding the
measures and investments, weighted appropriately based on
actuarial assessments of eligible actions, that will be
recognized for the purpose of increasing the Federal share
under this section. Guidance shall ensure that the agency's
review of eligible measures and investments does not unduly
delay determining the appropriate Federal cost share.
``(C) Report.--One year after the issuance of the guidance
required by subparagraph (B), the Administrator shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report
regarding the analysis of the Federal cost shares paid under
this section.
``(D) Savings clause.--Nothing in this paragraph prevents
the President from increasing the Federal cost share above 85
percent.''.
Sec. 20607. Division F of the Consolidated Appropriations
Act, 2017, is amended by inserting the following at the end
of Title V:
``Sec. 545. (a) Premium Pay Authority.--During calendar
year 2017, any premium pay that is funded, either directly or
through reimbursement, by the `Federal Emergency Management
Agency--Disaster Relief Fund' shall be exempted from the
aggregate of basic pay and premium pay calculated under
section 5547(a) of title 5, United States Code, and any other
provision of law limiting the aggregate amount of premium pay
payable on a biweekly or calendar year basis.
``(b) Overtime Authority.--During calendar year 2017, any
overtime that is funded, either directly or through
reimbursement, by the `Federal Emergency Management Agency--
Disaster Relief Fund' shall be exempted from any annual limit
on the amount of overtime payable in a calendar or fiscal
year.
``(c) Applicability of Aggregate Limitation on Pay.--In
determining whether an employee's pay exceeds the applicable
annual rate of basic pay payable under section 5307 of title
5, United States Code, the head of an Executive agency shall
not include pay exempted under this section.
``(d) Limitation of Pay Authority.--Pay exempted from
otherwise applicable limits under subsection (a) shall not
cause the aggregate pay earned for the calendar year in which
the exempted pay is earned to exceed the rate of basic pay
payable for a position at level II of the Executive Schedule
under section 5313 of title 5, United States Code.
``(e) Effective Date.--This section shall take effect as if
enacted on December 31, 2016.''.
TITLE VII
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
construction
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $210,629,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
National Park Service
historic preservation fund
For an additional amount for the ``Historic Preservation
Fund'' for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, $50,000,000, to remain
available until September 30, 2019, including costs to States
and territories necessary to complete compliance activities
required by section 306108 of title 54, United States Code
(formerly section 106 of the National Historic Preservation
Act) and costs needed to administer the program: Provided,
That grants shall only be available for areas that have
received a major disaster declaration pursuant to the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.): Provided further, That individual
grants shall not be subject to a non-Federal matching
requirement: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
construction
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, $207,600,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'' for necessary expenses related to the consequences
of Hurricanes Harvey, Irma, and Maria, and in those areas
impacted by a major disaster declared pursuant to the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) with respect to wildfires in 2017,
$42,246,000, to remain available until expended: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Departmental Offices
Insular Affairs
assistance to territories
For an additional amount for ``Technical Assistance'' for
financial management expenses related to the consequences of
Hurricanes Irma
[[Page H1009]]
and Maria, $3,000,000, to remain available until expended:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Office of Inspector General
salaries and expenses
For an additional amount for ``Salaries and Expenses'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $2,500,000, to remain available
until expended: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Environmental Protection Agency
hazardous substance superfund
For an additional amount for ``Hazardous Substance
Superfund'' for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria,
$6,200,000, to remain available until expended: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
leaking underground storage tank trust fund program
For an additional amount for ``Leaking Underground Storage
Tank Fund'' for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria,
$7,000,000, to remain available until expended: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
state and tribal assistance grants
For an additional amount for ``State and Tribal Assistance
Grants'' for necessary expenses related to the consequences
of Hurricanes Harvey, Irma, and Maria for the hazardous waste
financial assistance grants program and for other solid waste
management activities, $50,000,000, to remain available until
expended: Provided, That none of these funds allocated
within Region 2 shall be subject to cost share requirements
under section 3011(b) of the Solid Waste Disposal Act:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Administrative Provision--Environmental Protection Agency
Of amounts previously appropriated for capitalization
grants for the State Revolving Funds under title VI of the
Federal Water Pollution Control Act or under section 1452 of
the Safe Drinking Water Act to a State or territory included
as part of a disaster declaration related to Hurricanes Irma
and Maria, all existing grant funds that are available but
not drawn down shall not be subject to the matching or cost
share requirements of sections 602(b)(2), 602(b)(3) of the
Federal Water Pollution Control Act nor the matching
requirements of section 1452(e) of the Safe Drinking Water
Act and shall be awarded to such state or territory:
Provided, That, notwithstanding the requirements of section
603(d) of the Federal Water Pollution Control Act or section
1452(f) of the Safe Drinking Water Act, the state or
territory shall utilize the full amount of such funds,
excluding existing loans, to provide additional subsidization
to eligible recipients in the form of forgiveness of
principal, negative interest loans or grants or any
combination of these: Provided further, That such funds may
be used for eligible projects whose purpose is to repair
damage incurred as a result of Hurricanes Irma and Maria,
reduce flood damage risk and vulnerability or to enhance
resiliency to rapid hydrologic change or a natural disaster
at treatment works as defined by section 212 of the Federal
Water Pollution Control Act or a public drinking water system
under section 1452 of the Safe Drinking Water Act: Provided
further, That any project involving the repair or replacement
of a lead service line shall replace the entire lead service
line, not just a portion.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
state and private forestry
For an additional amount for ``State and Private Forestry''
for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria, $7,500,000, to remain
available until expended: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
national forest system
For an additional amount for ``National Forest System'' for
necessary expenses related to the consequences of Hurricanes
Harvey, Irma, and Maria, $20,652,000, to remain available
until expended: Provided, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'' for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria, and the
2017 fire season, $91,600,000, to remain available until
expended: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
GENERAL PROVISION--THIS TITLE
Sec. 20701. Agencies receiving funds appropriated by this
title shall each provide a monthly report to the Committees
on Appropriations of the House of Representatives and the
Senate detailing the allocation and obligation of these funds
by account, beginning not later than 90 days after enactment
of this Act.
TITLE VIII
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
(including transfers of funds)
For an additional amount for ``Training and Employment
Services'', $100,000,000, for the dislocated workers
assistance national reserve for necessary expenses directly
related to the consequences of Hurricanes Harvey, Maria, and
Irma and those jurisdictions that received a major disaster
declaration pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
due to wildfires in 2017, which shall be available from the
date of enactment of this subdivision through September 30,
2019: Provided, That the Secretary of Labor may transfer up
to $2,500,000 of such funds to any other Department of Labor
account for reconstruction and recovery needs, including
worker protection activities: Provided further, That these
sums may be used to replace grant funds previously obligated
to the impacted areas: Provided further, That of the amount
provided, up to $500,000, to remain available until expended,
shall be transferred to ``Office of Inspector General''for
oversight of activities responding to such hurricanes and
wildfires: Provided further, That such amount is designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
job corps
For an additional amount for ``Job Corps'' for
construction, rehabilitation and acquisition for Job Corps
Centers in Puerto Rico, $30,900,000, which shall be available
upon the date of enactment of this subdivision and remain
available for obligation through June 30, 2021: Provided,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
General Provisions--Department of Labor
deferral of interest payments for virgin islands
Sec. 20801. Notwithstanding any other provision of law,
the interest payment of the Virgin Islands that was due under
section 1202(b)(1) of the Social Security Act on September
29, 2017, shall not be due until September 28, 2018, and no
interest shall accrue on such amount through September 28,
2018: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
flexibility in use of funds under wioa
Sec. 20802. (a) In General.--Notwithstanding section
133(b)(4) of the Workforce Innovation and Opportunity Act, in
States, as defined by section 3(56) of such Act, affected by
Hurricanes Harvey, Irma, and Maria, a local board, as defined
by section 3(33) of such Act, in a local area, as defined by
section 3(32) of such Act, affected by such Hurricanes may
transfer, if such transfer is approved by the Governor, up to
100 percent of the funds allocated to the local area for
Program Years 2016 and 2017 for Youth Workforce Investment
activities under paragraphs (2) or (3) of section 128(b) of
such Act, for Adult employment and training activities under
paragraphs (2)(A) or (3) of section 133(b) of such Act, or
for Dislocated Worker employment and training activities
under paragraph (2)(B) of section 133(b) of such Act among--
(1) adult employment and training activities;
(2) dislocated worker employment and training activities;
and
(3) youth workforce investment activities.
(b) The Virgin Islands.--Except for the funds reserved to
carry out required statewide activities under sections 127(b)
and 134(a)(2) of the Workforce Innovation and Opportunity
Act, the Governor of the Virgin Islands may authorize the
transfer of up to 100 percent of the remaining funds provided
to the Virgin Islands for Program Years 2016 and 2017 for
Youth Workforce Investment activities under section
127(b)(1)(B) of such Act, for Adult employment and training
activities under section 132(b)(1)(A) of such Act, or for
Dislocated Worker employment and training activities under
section 133(b)(2)(A) of such Act among--
(1) adult employment and training activities;
(2) dislocated worker employment and training activities;
and
(3) youth workforce investment activities.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
(including transfer of funds)
For an additional amount for ``CDC-Wide Activities and
Program Support'', $200,000,000, to remain available until
September 30, 2020, for response, recovery, preparation,
mitigation, and other expenses directly related to the
consequences of Hurricanes Harvey, Irma, and Maria:
Provided, That obligations incurred for the purposes provided
herein prior to the date of enactment of this subdivision may
be charged to funds appropriated by this paragraph: Provided
further, That of the amount provided, not less than
$6,000,000 shall be transferred to the ``Buildings and
Facilities'' account for the purposes provided herein:
Provided further, That
[[Page H1010]]
such amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
National Institutes of Health
office of the director
For an additional amount for fiscal year 2018 for ``Office
of the Director'', $50,000,000, to remain available until
September 30, 2020, for response, recovery, and other
expenses directly related to the consequences of Hurricanes
Harvey, Irma, and Maria: Provided, That obligations incurred
for these purposes prior to the date of enactment of this
subdivision may be charged to funds appropriated by this
paragraph: Provided further, That funds appropriated by this
paragraph may be used for construction grants or contracts
under section 404I of the Public Health Service Act without
regard to section 404I(c)(2): Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Administration for Children and Families
children and families services programs
For an additional amount for ``Children and Families
Services Programs'', $650,000,000, to remain available until
September 30, 2021, for Head Start programs, for necessary
expenses directly related to the consequences of Hurricanes
Harvey, Irma, and Maria, including making payments under the
Head Start Act: Provided, That none of the funds
appropriated in this paragraph shall be included in the
calculation of the ``base grant'' in subsequent fiscal years,
as such term is defined in sections 640(a)(7)(A),
641A(h)(1)(B), or 645(d)(3) of the Head Start Act: Provided
further, That funds appropriated in this paragraph are not
subject to the allocation requirements of section 640(a) of
the Head Start Act: Provided further, That funds
appropriated in this paragraph shall not be available for
costs that are reimbursed by the Federal Emergency Management
Agency, under a contract for insurance, or by self-insurance:
Provided further, That up to $12,500,000 shall be available
for Federal administrative expenses: Provided further, That
obligations incurred for the purposes provided herein prior
to the date of enactment of this subdivision may be charged
to funds appropriated under this heading: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Office of the Secretary
public health and social services emergency fund
(including transfers of funds)
For an additional amount for the ``Public Health and Social
Services Emergency Fund'', $162,000,000, to remain available
until September 30, 2020, for response, recovery,
preparation, mitigation and other expenses directly related
to the consequences of Hurricanes Harvey, Irma, and Maria,
including activities authorized under section 319(a) of the
Public Health Service Act (referred to in this subdivision as
the ``PHS Act''): Provided, That of the amount provided,
$60,000,000 shall be transferred to ``Health Resources and
Services Administration--Primary Health Care'', for expenses
related to the consequences of Hurricanes Harvey, Irma, and
Maria for disaster response and recovery, for the Health
Centers Program under section 330 of the PHS Act: Provided
further, That not less than $50,000,000, of amounts
transferred under the preceding proviso, shall be available
for alteration, renovation, construction, equipment, and
other capital improvement costs as necessary to meet the
needs of areas affected by Hurricanes Harvey, Irma, and
Maria: Provided further, That the time limitation in section
330(e)(3) of the PHS Act shall not apply to funds made
available under the preceding proviso: Provided further,
That of the amount provided, not less than $20,000,000 shall
be transferred to ``Substance Abuse and Mental Health
Services Administration--Health Surveillance and Program
Support'' for grants, contracts, and cooperative agreements
for behavioral health treatment, crisis counseling, and other
related helplines, and for other similar programs to provide
support to individuals impacted by Hurricanes Harvey, Irma,
and Maria: Provided further, That of the amount provided, up
to $2,000,000, to remain available until expended, shall be
transferred to ``Office of the Secretary--Office of Inspector
General'' for oversight of activities responding to such
hurricanes: Provided further, That obligations incurred for
the purposes provided herein prior to the date of enactment
of this subdivision may be charged to funds appropriated
under this heading: Provided further, That funds
appropriated in this paragraph shall not be available for
costs that are reimbursed by the Federal Emergency Management
Agency, under a contract for insurance, or by self-insurance:
Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
General Provision--Department of Health and Human Services
direct hire authority for certain emergency response positions
Sec. 20803. (a) In General.--As the Secretary of Health and
Human Services determines necessary to respond to a critical
hiring need for emergency response positions, after providing
public notice and without regard to the provisions of
sections 3309 through 3319 of title 5, United States Code,
the Secretary may appoint candidates directly to the
following positions, consistent with subsection (b), to
perform critical work directly relating to the consequences
of Hurricanes Harvey, Irma, and Maria:
(1) Intermittent disaster-response personnel in the
National Disaster Medical System, under section 2812 of the
Public Health Service Act (42 U.S.C. 300hh-11).
(2) Term or temporary related positions in the Centers for
Disease Control and Prevention and the Office of the
Assistant Secretary for Preparedness and Response.
(b) Expiration.--The authority under subsection (a) shall
expire 270 days after the date of enactment of this section.
DEPARTMENT OF EDUCATION
Hurricane Education Recovery
(including transfer of funds)
For an additional amount for ``Hurricane Education
Recovery'' for necessary expenses related to the consequences
of Hurricanes Harvey, Irma, and Maria, or wildfires in 2017
for which a major disaster or emergency has been declared
under sections 401 or 501 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5190)
(referred to under this heading as ``covered disaster or
emergency''), $2,700,000,000, to remain available through
September 30, 2022, for assisting in meeting the educational
needs of individuals affected by a covered disaster or
emergency: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That--
(1) such funds shall be used--
(A) to make awards to eligible entities for immediate aid
to restart school operations, in accordance with paragraph
(2);
(B) for temporary emergency impact aid for displaced
students, in accordance with paragraph (2);
(C) for emergency assistance to institutions of higher
education and students attending institutions of higher
education in an area directly affected by a covered disaster
or emergency in accordance with paragraph (3);
(D) for payments to institutions of higher education to
help defray the unexpected expenses associated with enrolling
displaced students from institutions of higher education
directly affected by a covered disaster or emergency, in
accordance with paragraph (4); and
(E) to provide assistance to local educational agencies
serving homeless children and youth in accordance with
paragraph (5);
(2) immediate aid to restart school operations and
temporary emergency impact aid for displaced students
described in subparagraphs (A) and (B) of paragraph (1) shall
be provided under the statutory terms and conditions that
applied to assistance under sections 102 and 107 of title IV
of division B of Public Law 109-148, respectively, except
that such sections shall be applied so that--
(A) each reference to a major disaster declared in
accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)
shall be to a major disaster or emergency declared by the
President in accordance with section 401 or 501,
respectively, of such Act;
(B) each reference to Hurricane Katrina or Hurricane Rita
shall be a reference to a covered disaster or emergency;
(C) each reference to August 22, 2005 shall be to the date
that is one week prior to the date that the major disaster or
emergency was declared for the area;
(D) each reference to the States of Louisiana, Mississippi,
Alabama, and Texas shall be to the States or territories
affected by a covered disaster or emergency, and each
reference to the State educational agencies of Louisiana,
Mississippi, Alabama, or Texas shall be a reference to the
State educational agencies that serve the states or
territories affected by a covered disaster or emergency;
(E) each reference to the 2005-2006 school year shall be to
the 2017-2018 school year;
(F) the references in section 102(h)(1) of title IV of
division B of Public Law 109-148 to the number of non-public
and public elementary schools and secondary schools in the
State shall be to the number of students in non-public and
public elementary schools and secondary schools in the State,
and the reference in such section to the National Center for
Data Statistics Common Core of Data for the 2003-2004 school
year shall be to the most recent and appropriate data set for
the 2016-2017 school year;
(G) in determining the amount of immediate aid provided to
restart school operations as described in section 102(b) of
title IV of division B of Public Law 109-148, the Secretary
shall consider the number of students enrolled, during the
2016-2017 school year, in elementary schools and secondary
schools that were closed as a result of a covered disaster or
emergency;
(H) in determining the amount of emergency impact aid that
a State educational agency is eligible to receive under
paragraph (1)(B), the Secretary shall, subject to section
107(d)(1)(B) of such title, provide--
(i) $9,000 for each displaced student who is an English
learner, as that term is defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801);
(ii) $10,000 for each displaced student who is a child with
a disability (regardless of whether the child is an English
learner); and
(iii) $8,500 for each displaced student who is not a child
with a disability or an English learner;
(I) with respect to the emergency impact aid provided under
paragraph (1)(B), the Secretary may modify the State
educational agency and local educational agency application
timelines in section 107(c) of such title; and
(J) each reference to a public elementary school may
include, as determined by the local educational agency, a
publicly-funded preschool
[[Page H1011]]
program that enrolls children below the age of kindergarten
entry and is part of an elementary school;
(3) $100,000,000 of the funds made available under this
heading shall be for programs authorized under subpart 3 of
Part A, part C of title IV and part B of title VII of the
Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq., 1138
et seq.) for institutions located in an area affected by a
covered disaster or emergency, and students enrolled in such
institutions, except that--
(A) any requirements relating to matching, Federal share,
reservation of funds, or maintenance of effort under such
parts that would otherwise be applicable to that assistance
shall not apply;
(B) such assistance may be used for student financial
assistance;
(C) such assistance may also be used for faculty and staff
salaries, equipment, student supplies and instruments, or any
purpose authorized under the Higher Education Act of 1965, by
institutions of higher education that are located in areas
affected by a covered disaster or emergency; and
(D) the Secretary shall prioritize, to the extent possible,
students who are homeless or at risk of becoming homeless as
a result of displacement, and institutions that have
sustained extensive damage, by a covered disaster or
emergency;
(4) up to $75,000,000 of the funds made available under
this heading shall be for payments to institutions of higher
education to help defray the unexpected expenses associated
with enrolling displaced students from institutions of higher
education at which operations have been disrupted by a
covered disaster or emergency, in accordance with criteria
established by the Secretary and made publicly available;
(5) $25,000,000 of the funds made available under this
heading shall be available to provide assistance to local
educational agencies serving homeless children and youths
displaced by a covered disaster or emergency, consistent with
section 723 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11431-11435) and with section 106 of title IV of
division B of Public Law 109-148, except that funds shall be
disbursed based on demonstrated need and the number of
homeless children and youth enrolled as a result of
displacement by a covered disaster or emergency;
(6) section 437 of the General Education Provisions Act (20
U.S.C. 1232) and section 553 of title 5, United States Code,
shall not apply to activities under this heading;
(7) $4,000,000 of the funds made available under this
heading, to remain available until expended, shall be
transferred to the Office of the Inspector General of the
Department of Education for oversight of activities supported
with funds appropriated under this heading, and up to
$3,000,000 of the funds made available under this heading
shall be for program administration;
(8) up to $35,000,000 of the funds made available under
this heading shall be to carry out activities authorized
under section 4631(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7281(b)): Provided, That
obligations incurred for the purposes provided herein prior
to the date of enactment of this subdivision may be charged
to funds appropriated under this paragraph;
(9) the Secretary may waive, modify, or provide extensions
for certain requirements of the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.) for affected individuals, affected
students, and affected institutions in covered disaster or
emergency areas in the same manner as the Secretary was
authorized to waive, modify, or provide extensions for
certain requirements of such Act under provisions of subtitle
B of title IV of division B of Public Law 109-148 for
affected individuals, affected students, and affected
institutions in areas affected by Hurricane Katrina and
Hurricane Rita, except that the cost associated with any
action taken by the Secretary under this paragraph is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985;
and
(10) if any provision under this heading or application of
such provision to any person or circumstance is held to be
unconstitutional, the remainder of the provisions under this
heading and the application of such provisions to any person
or circumstance shall not be affected thereby.
General Provision--Department of Education
Sec. 20804. (a) Notwithstanding any other provision of law,
the Secretary of Education is hereby authorized to forgive
any outstanding balance owed to the Department of Education
under the HBCU Hurricane Supplemental Loan program
established pursuant to section 2601 of Public Law 109-234,
as modified by section 307 of title III of division F of the
Consolidated Appropriations Act, 2012 (Public Law 112-74), as
carried forward by the Continuing Appropriations Resolution,
2013 (Public Law 112-175).
(b) There are authorized to be appropriated, and there are
hereby appropriated, such sums as may be necessary to carry
out subsection (a): Provided, That such amount is designated
by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balance Budget and Emergency
Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
(including transfer of funds)
Sec. 20805. Funds appropriated to the Department of Health
and Human Services by this title may be transferred to, and
merged with, other appropriation accounts under the headings
``Centers for Disease Control and Prevention'' and ``Public
Health and Social Services Emergency Fund'' for the purposes
specified in this title following consultation with the
Office of Management and Budget: Provided, That the
Committees on Appropriations in the House of Representatives
and the Senate shall be notified 10 days in advance of any
such transfer: Provided further, That, upon a determination
that all or part of the funds transferred from an
appropriation are not necessary, such amounts may be
transferred back to that appropriation: Provided further,
That none of the funds made available by this title may be
transferred pursuant to the authority in section 205 of
division H of Public Law 115-31 or section 241(a) of the PHS
Act.
Sec. 20806. Not later than 30 days after enactment of this
subdivision, the Secretary of Health and Human Services shall
provide a detailed spend plan of anticipated uses of funds
made available in this title, including estimated personnel
and administrative costs, to the Committees on
Appropriations: Provided, That such plans shall be updated
and submitted to the Committees on Appropriations every 60
days until all funds are expended or expire.
Sec. 20807. Unless otherwise provided for by this title,
the additional amounts appropriated by this title to
appropriations accounts shall be available under the
authorities and conditions applicable to such appropriations
accounts for fiscal year 2018.
TITLE IX
LEGISLATIVE BRANCH
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$14,000,000, to remain available until expended, for audits
and investigations relating to Hurricanes Harvey, Irma, and
Maria and the 2017 wildfires: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
TITLE X
DEPARTMENT OF DEFENSE
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $201,636,000, to remain available until
September 30, 2022, for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria:
Provided, That none of the funds made available to the Navy
and Marine Corps for recovery efforts related to Hurricanes
Harvey, Irma, and Maria in this subdivision shall be
available for obligation until the Committees on
Appropriations of the House of Representatives and the Senate
receive form 1391 for each specific request: Provided
further, That, not later than 60 days after enactment of this
subdivision, the Secretary of the Navy, or his designee,
shall submit to the Committees on Appropriations of House of
Representatives and the Senate a detailed expenditure plan
for funds provided under this heading: Provided further,
That such funds may be obligated or expended for planning and
design and military construction projects not otherwise
authorized by law: Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army
National Guard'', $519,345,000, to remain available until
September 30, 2022, for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria:
Provided, That none of the funds made available to the Army
National Guard for recovery efforts related to Hurricanes
Harvey, Irma, and Maria in this subdivision shall be
available for obligation until the Committees on
Appropriations of the House of Representatives and the Senate
receive form 1391 for each specific request: Provided
further, That, not later than 60 days after enactment of this
subdivision, the Director of the Army National Guard, or his
designee, shall submit to the Committees on Appropriations of
the House of Representatives and the Senate a detailed
expenditure plan for funds provided under this heading:
Provided further, That such funds may be obligated or
expended for planning and design and military construction
projects not otherwise authorized by law: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical services
For an additional amount for ``Medical Services'',
$11,075,000, to remain available until September 30, 2019,
for necessary expenses related to the consequences of
Hurricanes Harvey, Irma, and Maria: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
medical support and compliance
For an additional amount for ``Medical Support and
Compliance'', $3,209,000, to remain available until September
30, 2019, for necessary expenses related to the consequences
of Hurricanes Harvey, Irma, and Maria: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
medical facilities
For an additional amount for ``Medical Facilities'',
$75,108,000, to remain available until
[[Page H1012]]
September 30, 2022, for necessary expenses related to the
consequences of Hurricanes Harvey, Irma, and Maria:
Provided, That none of these funds shall be available for
obligation until the Secretary of Veterans Affairs submits to
the Committees on Appropriations of the House of
Representatives and the Senate a detailed expenditure plan
for funds provided under this heading: Provided further,
That such amount is designated by the Congress as being for
an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
Departmental Administration
construction, minor projects
For an additional amount for ``Construction, Minor
Projects'', $4,088,000, to remain available until September
30, 2022, for necessary expenses related to the consequences
of Hurricanes Harvey, Irma, and Maria: Provided, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
GENERAL PROVISION--THIS TITLE
Sec. 21001. Notwithstanding section 18236(b) of title 10,
United States Code, the Secretary of Defense shall contribute
to Puerto Rico, 100 percent of the total cost of construction
(including the cost of architectural, engineering and design
services) for the acquisition, construction, expansion,
rehabilitation, or conversion of the Arroyo readiness center
under paragraph (5) of section 18233(a) of title 10, United
States Code.
TITLE XI
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
operations
(airport and airway trust fund)
For an additional amount for ``Operations'', $35,000,000,
to be derived from the Airport and Airway Trust Fund and to
remain available until expended, for necessary expenses
related to the consequences of Hurricanes Harvey, Irma, and
Maria, and other hurricanes occurring in calendar year 2017:
Provided, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
facilities and equipment
(airport and airway trust fund)
For an additional amount for ``Facilities and Equipment'',
$79,589,000, to be derived from the Airport and Airway Trust
Fund and to remain available until expended, for necessary
expenses related to the consequences of Hurricanes Harvey,
Irma, and Maria, and other hurricanes occurring in calendar
year 2017: Provided, That such amount is designated by the
Congress as being for an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Federal Highway Administration
federal-aid highways
emergency relief program
For an additional amount for the ``Emergency Relief
Program'' as authorized under section 125 of title 23, United
States Code, $1,374,000,000, to remain available until
expended: Provided, That notwithstanding section 125(d)(4)
of title 23, United States Code, no limitation on the total
obligations for projects under section 125 of such title
shall apply to the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands for fiscal
year 2018 and fiscal year 2019: Provided further, That
notwithstanding subsection (e) of section 120 of title 23,
United States Code, for this fiscal year and hereafter, the
Federal share for Emergency Relief funds made available under
section 125 of such title to respond to damage caused by
Hurricanes Irma and Maria, shall be 100 percent for Puerto
Rico: Provided further, That such amount is designated by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Federal Transit Administration
public transportation emergency relief program
For an additional amount for the ``Public Transportation
Emergency Relief Program'' as authorized under section 5324
of title 49, United States Code, $330,000,000 to remain
available until expended, for transit systems affected by
Hurricanes Harvey, Irma, and Maria with major disaster
declarations in 2017: Provided, That not more than three-
quarters of one percent of the funds for public
transportation emergency relief shall be available for
administrative expenses and ongoing program management
oversight as authorized under sections 5334 and 5338(f)(2) of
such title and shall be in addition to any other
appropriations for such purpose: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985.
Maritime Administration
operations and training
For an additional amount for ``Operations and Training'',
$10,000,000, to remain available until expended, for
necessary expenses, including for dredging, related to damage
to Maritime Administration facilities resulting from
Hurricane Harvey: Provided, That such amount is designated
by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
General Provision--Department of Transportation
Sec. 21101. Notwithstanding 49 U.S.C. 5302, for fiscal
years 2018, 2019, and 2020 the Secretary of Transportation
shall treat an area as an ``urbanized area'' for purposes of
49 U.S.C. 5307 and 5336(a) until the next decennial census
following the enactment of this Act if the area was defined
and designated as an ``urbanized'' area by the Secretary of
Commerce in the 2000 decennial census and the population of
such area fell below 50,000 after the 2000 decennial census
as a result of a major disaster: Provided, That an area
treated as an ``urbanized area'' for purposes of this section
shall be assigned the population and square miles of the
urbanized area designated by the Secretary of Commerce in the
2000 decennial census: Provided further, That the term
``major disaster'' has the meaning given such term in section
102(2) of the Disaster Relief Act of 1974 (42 U.S.C.
5122(2)).
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development fund
(including transfers of funds)
For an additional amount for ``Community Development
Fund'', $28,000,000,000, to remain available until expended,
for necessary expenses for activities authorized under title
I of the Housing and Community Development Act of 1974 (42
U.S.C. 5301 et seq.) related to disaster relief, long-term
recovery, restoration of infrastructure and housing, economic
revitalization, and mitigation in the most impacted and
distressed areas resulting from a major declared disaster
that occurred in 2017 (except as otherwise provided under
this heading) pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.):
Provided, That funds shall be awarded directly to the State,
unit of general local government, or Indian tribe (as such
term is defined in section 102 of the Housing and Community
Development Act of 1974) at the discretion of the Secretary:
Provided further, That of the amounts made available under
this heading, up to $16,000,000,000 shall be allocated to
meet unmet needs for grantees that have received or will
receive allocations under this heading for major declared
disasters that occurred in 2017 or under the same heading of
Division B of Public Law 115-56, except that, of the amounts
made available under this proviso, no less than
$11,000,000,000 shall be allocated to the States and units of
local government affected by Hurricane Maria, and of such
amounts allocated to such grantees affected by Hurricane
Maria, $2,000,000,000 shall be used to provide enhanced or
improved electrical power systems: Provided further, That to
the extent amounts under the previous proviso are
insufficient to meet all unmet needs, the allocation amounts
related to infrastructure shall be reduced proportionally
based on the total infrastructure needs of all grantees:
Provided further, That of the amounts made available under
this heading, no less than $12,000,000,000 shall be allocated
for mitigation activities to all grantees of funding provided
under this heading, section 420 of division L of Public Law
114-113, section 145 of division C of Public Law 114-223,
section 192 of division C of Public Law 114-223 (as added by
section 101(3) of division A of Public Law 114-254), section
421 of division K of Public Law 115-31, and the same heading
in division B of Public Law 115-56, and that such mitigation
activities shall be subject to the same terms and conditions
under this subdivision, as determined by the Secretary:
Provided further, That all such grantees shall receive an
allocation of funds under the preceding proviso in the same
proportion that the amount of funds each grantee received or
will receive under the second proviso of this heading or the
headings and sections specified in the previous proviso bears
to the amount of all funds provided to all grantees specified
in the previous proviso: Provided further, That of the
amounts made available under the second and fourth provisos
of this heading, the Secretary shall allocate to all such
grantees an aggregate amount not less than 33 percent of each
such amounts of funds provided under this heading within 60
days after the enactment of this subdivision based on the
best available data (especially with respect to data for all
such grantees affected by Hurricanes Harvey, Irma, and
Maria), and shall allocate no less than 100 percent of the
funds provided under this heading by no later than December
1, 2018: Provided further, That the Secretary shall not
prohibit the use of funds made available under this heading
and the same heading in division B of Public Law 115-56 for
non-federal share as authorized by section 105(a)(9) of the
Housing and Community Development Act of 1974 (42 U.S.C.
5305(a)(9)): Provided further, That of the amounts made
available under this heading, grantees may establish grant
programs to assist small businesses for working capital
purposes to aid in recovery: Provided further, That as a
condition of making any grant, the Secretary shall certify in
advance that such grantee has in place proficient financial
controls and procurement processes and has established
adequate procedures to prevent any duplication of benefits as
defined by section 312 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5155), to
ensure timely expenditure of funds, to maintain comprehensive
websites regarding all disaster recovery activities assisted
with these funds, and to detect and prevent waste, fraud, and
abuse of funds: Provided further, That with respect to any
such duplication of benefits, the Secretary and any grantee
under this section shall not take into consideration or
reduce the amount provided to any applicant for assistance
from the grantee where such applicant applied for and was
approved, but declined assistance related to such major
declared disasters that occurred in 2014, 2015, 2016, and
2017 from the Small Business Administration under section
7(b) of the Small
[[Page H1013]]
Business Act (15 U.S.C. 636(b)): Provided further, That the
Secretary shall require grantees to maintain on a public
website information containing common reporting criteria
established by the Department that permits individuals and
entities awaiting assistance and the general public to see
how all grant funds are used, including copies of all
relevant procurement documents, grantee administrative
contracts and details of ongoing procurement processes, as
determined by the Secretary: Provided further, That prior to
the obligation of funds a grantee shall submit a plan to the
Secretary for approval detailing the proposed use of all
funds, including criteria for eligibility and how the use of
these funds will address long-term recovery and restoration
of infrastructure and housing, economic revitalization, and
mitigation in the most impacted and distressed areas:
Provided further, That such funds may not be used for
activities reimbursable by, or for which funds are made
available by, the Federal Emergency Management Agency or the
Army Corps of Engineers: Provided further, That funds
allocated under this heading shall not be considered relevant
to the non-disaster formula allocations made pursuant to
section 106 of the Housing and Community Development Act of
1974 (42 U.S.C. 5306): Provided further, That a State, unit
of general local government, or Indian tribe may use up to 5
percent of its allocation for administrative costs: Provided
further, That the sixth proviso under this heading in the
Supplemental Appropriations for Disaster Relief Requirements
Act, 2017 (division B of Public Law 115-56) is amended by
striking ``State or subdivision thereof'' and inserting
``State, unit of general local government, or Indian tribe
(as such term is defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302))'':
Provided further, That in administering the funds under this
heading, the Secretary of Housing and Urban Development may
waive, or specify alternative requirements for, any provision
of any statute or regulation that the Secretary administers
in connection with the obligation by the Secretary or the use
by the recipient of these funds (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment), if the Secretary finds that good cause
exists for the waiver or alternative requirement and such
waiver or alternative requirement would not be inconsistent
with the overall purpose of title I of the Housing and
Community Development Act of 1974: Provided further, That,
notwithstanding the preceding proviso, recipients of funds
provided under this heading that use such funds to supplement
Federal assistance provided under section 402, 403, 404, 406,
407, 408(c)(4), or 502 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
may adopt, without review or public comment, any
environmental review, approval, or permit performed by a
Federal agency, and such adoption shall satisfy the
responsibilities of the recipient with respect to such
environmental review, approval or permit: Provided further,
That, notwithstanding section 104(g)(2) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5304(g)(2)), the
Secretary may, upon receipt of a request for release of funds
and certification, immediately approve the release of funds
for an activity or project assisted under this heading if the
recipient has adopted an environmental review, approval or
permit under the preceding proviso or the activity or project
is categorically excluded from review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.):
Provided further, That the Secretary shall publish via notice
in the Federal Register any waiver, or alternative
requirement, to any statute or regulation that the Secretary
administers pursuant to title I of the Housing and Community
Development Act of 1974 no later than 5 days before the
effective date of such waiver or alternative requirement:
Provided further, That the eighth proviso under this heading
in the Supplemental Appropriations for Disaster Relief
Requirements Act, 2017 (division B of Public Law 115-56) is
amended by inserting ``408(c)(4),'' after ``407,'': Provided
further, That of the amounts made available under this
heading, up to $15,000,000 shall be made available for
capacity building and technical assistance, including
assistance on contracting and procurement processes, to
support States, units of general local government, or Indian
tribes (and their subrecipients) that receive allocations
pursuant to this heading, received disaster recovery
allocations under the same heading in Public Law 115-56, or
may receive similar allocations for disaster recovery in
future appropriations Acts: Provided further, That of the
amounts made available under this heading, up to $10,000,000
shall be transferred, in aggregate, to ``Department of
Housing and Urban Development--Program Office Salaries and
Expenses--Community Planning and Development'' for necessary
costs, including information technology costs, of
administering and overseeing the obligation and expenditure
of amounts under this heading: Provided further, That the
amount specified in the preceding proviso shall be combined
with funds appropriated under the same heading and for the
same purpose in Public Law 115-56 and the aggregate of such
amounts shall be available for any of the purposes specified
under this heading or the same heading in Public Law 115-56
without limitation: Provided further, That, of the funds
made available under this heading, $10,000,000 shall be
transferred to the Office of the Inspector General for
necessary costs of overseeing and auditing funds made
available under this heading: Provided further, That such
amount is designated by the Congress as being for an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That amounts repurposed pursuant to
this section that were previously designated by the Congress
as an emergency requirement pursuant to the Balanced Budget
and Emergency Deficit Control Act are designated by the
Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
General Provisions--Department of Housing and Urban Development
Sec. 21102. Any funds made available under the heading
``Community Development Fund'' under this subdivision that
remain available, after the other funds under such heading
have been allocated for necessary expenses for activities
authorized under such heading, shall be used for additional
mitigation activities in the most impacted and distressed
areas resulting from a major declared disaster that occurred
in 2014, 2015, 2016 or 2017: Provided, That such remaining
funds shall be awarded to grantees of funding provided for
disaster relief under the heading ``Community Development
Fund'' in this subdivision, section 420 of division L of
Public Law 114-113, section 145 of division C of Public Law
114-223, section 192 of division C of Public Law 114-223 (as
added by section 101(3) of division A of Public Law 114-254),
section 421 of division K of Public Law 115-31, and the same
heading in division B of Public Law 115-56 subject to the
same terms and conditions under this subdivision and such
Acts respectively: Provided further, That each such grantee
shall receive an allocation from such remaining funds in the
same proportion that the amount of funds such grantee
received under this subdivision and under the Acts specified
in the previous proviso bears to the amount of all funds
provided to all grantees specified in the previous proviso.
Sec. 21103. For 2018, the Secretary of Housing and Urban
Development may make temporary adjustments to the section 8
housing choice voucher annual renewal funding allocations and
administrative fee eligibility determinations for public
housing agencies located in the most impacted and distressed
areas in which a major Presidentially declared disaster
occurred during 2017 under title IV of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170
et seq.), to avoid significant adverse funding impacts that
would otherwise result from the disaster, or to facilitate
leasing up to a public housing agency's authorized level of
units under contract (but not to exceed such level), upon
request by and in consultation with a public housing agency
and supported by documentation as required by the Secretary
that demonstrates the need for the adjustment.
TITLE XII
GENERAL PROVISIONS--THIS SUBDIVISION
Sec. 21201. Each amount appropriated or made available by
this subdivision is in addition to amounts otherwise
appropriated for the fiscal year involved.
Sec. 21202. No part of any appropriation contained in this
subdivision shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
Sec. 21203. Unless otherwise provided for by this
subdivision, the additional amounts appropriated by this
subdivision to appropriations accounts shall be available
under the authorities and conditions applicable to such
appropriations accounts for fiscal year 2018.
Sec. 21204. Each amount designated in this subdivision by
the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 shall be available (or
rescinded or transferred, if applicable) only if the
President subsequently so designates all such amounts and
transmits such designations to the Congress.
Sec. 21205. For purposes of this subdivision, the
consequences or impacts of any hurricane shall include
damages caused by the storm at any time during the entirety
of its duration as a cyclone, as defined by the National
Hurricane Center.
Sec. 21206. Any amount appropriated by this subdivision,
designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985 and subsequently so
designated by the President, and transferred pursuant to
transfer authorities provided by this subdivision shall
retain such designation.
Sec. 21207. The terms and conditions applicable to the
funds provided in this subdivision, including those provided
by this title, shall also apply to the funds made available
in division B of Public Law 115-56 and in division A of
Public Law 115-72.
Sec. 21208. (a) Section 305 of division A of the Additional
Supplemental Appropriations for Disaster Relief Requirements
Act, 2017 (Public Law 115-72) is amended--
(1) in subsection (a)--
(A) by striking ``(1) Not later than December 31, 2017,''
and inserting ``Not later than March 31, 2018,''; and
(B) by striking paragraph (2); and
(2) in subsection (b), by striking ``receiving funds under
this division'' and inserting ``expending more than
$10,000,000 of funds provided by this division and division B
of Public Law 115-56 in any one fiscal year''.
(b) Section 305 of division A of the Additional
Supplemental Appropriations for Disaster Relief Requirements
Act, 2017 (Public Law 115-72), as amended by this section,
shall apply to funds appropriated by this division as if they
had been appropriated by that division.
(c) In order to proactively prepare for oversight of future
disaster relief funding, not later than one year after the
date of enactment of this Act, the Director of the Office of
Management and Budget shall issue standard guidance for
Federal agencies to use in designing internal control plans
for disaster relief funding. This
[[Page H1014]]
guidance shall leverage existing internal control review
processes and shall include, at a minimum, the following
elements:
(1) Robust criteria for identifying and documenting
incremental risks and mitigating controls related to the
funding.
(2) Guidance for documenting the linkage between the
incremental risks related to disaster funding and efforts to
address known internal control risks.
Sec. 21209. Any agency or department provided funding in
excess of $3,000,000,000 by this subdivision, including the
Federal Emergency Management Agency, the Department of
Housing and Urban Development, and the Corps of Engineers, is
directed to provide a report to the Committees on
Appropriations of the House of Representatives and the Senate
regarding its efforts to provide adequate resources and
technical assistance for small, low-income communities
affected by natural disasters.
Sec. 21210. (a) Not later than 180 days after the date of
enactment of this subdivision and in coordination with the
Administrator of the Federal Emergency Management Agency,
with support and contributions from the Secretary of the
Treasury, the Secretary of Energy, and other Federal agencies
having responsibilities defined under the National Disaster
Recovery Framework, the Governor of the Commonwealth of
Puerto Rico shall submit to Congress a report describing the
Commonwealth's 12- and 24-month economic and disaster
recovery plan that--
(1) defines the priorities, goals, and expected outcomes of
the recovery effort for the Commonwealth, based on damage
assessments prepared pursuant to Federal law, if applicable,
including--
(A) housing;
(B) economic issues, including workforce development and
industry expansion and cultivation;
(C) health and social services;
(D) natural and cultural resources;
(E) governance and civic institutions;
(F) electric power systems and grid restoration;
(G) environmental issues, including solid waste facilities;
and
(H) other infrastructure systems, including repair,
restoration, replacement, and improvement of public
infrastructure such water and wastewater treatment
facilities, communications networks, and transportation
infrastructure;
(2) is consistent with--
(A) the Commonwealth's fiscal capacity to provide long-term
operation and maintenance of rebuilt or replaced assets;
(B) alternative procedures and associated programmatic
guidance adopted by the Administrator of the Federal
Emergency Management Agency pursuant to section 428 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5189f); and
(C) actions as may be necessary to mitigate vulnerabilities
to future extreme weather events and natural disasters and
increase community resilience, including encouraging the
adoption and enforcement of the latest published editions of
relevant consensus-based codes, specifications, and standards
that incorporate the latest hazard-resistant designs and
establish minimum acceptable criteria for the design,
construction, and maintenance of residential structures and
facilities for the purpose of protecting the health, safety,
and general welfare of the buildings' users against
disasters;
(3) promotes transparency and accountability through
appropriate public notification, outreach, and hearings;
(4) identifies performance metrics for assessing and
reporting on the progress toward achieving the Commonwealth's
recovery goals, as identified under paragraph (1);
(5) is developed in coordination with the Oversight Board
established under PROMESA; and
(6) is certified by that Oversight Board to be consistent
with the purpose set forth in section 101(a) of PROMESA (48
U.S.C. 2121(a)).
(b) At the end of every 30-day period before the submission
of the report described in subsection (a), the Governor of
the Commonwealth of Puerto Rico, in coordination with the
Administrator of the Federal Emergency Management Agency,
shall provide to Congress interim status updates on progress
developing such report.
(c) At the end of every 180-day period after the submission
of the report described in subsection (a), the Governor of
the Commonwealth of Puerto Rico, in coordination with the
Administrator of the Federal Emergency Management Agency,
shall make public a report on progress achieving the goals
set forth in such report.
(d) During the development, and after the submission, of
the report required in subsection (a), the Oversight Board
may provide to Congress reports on the status of coordination
with the Governor of Puerto Rico.
(e) Amounts made available by this subdivision to a covered
territory for response to or recovery from Hurricane Irma or
Hurricane Maria in an aggregate amount greater than
$10,000,000 may be reviewed by the Oversight Board under the
Oversight Board's authority under 204(b)(2) of PROMESA (48
U.S.C. 2144(b)(2)).
(f) When developing a Fiscal Plan while the recovery plan
required under subsection (a) is in development and in
effect, the Oversight Board shall use and incorporate, to the
greatest extent feasible, damage assessments prepared
pursuant to Federal law.
(g) For purposes of this section, the terms ``covered
territory'' and ``Oversight Board'' have the meaning given
those term in section 5 of PROMESA (48 U.S.C. 2104).
This subdivision may be cited as the ``Further Additional
Supplemental Appropriations for Disaster Relief Requirements
Act, 2018''.
SUBDIVISION 2--TAX RELIEF AND MEDICAID CHANGES RELATING TO CERTAIN
DISASTERS
TITLE I--CALIFORNIA FIRES
SEC. 20101. DEFINITIONS.
For purposes of this title--
(1) California wildfire disaster zone.--The term
``California wildfire disaster zone'' means that portion of
the California wildfire disaster area determined by the
President to warrant individual or individual and public
assistance from the Federal Government under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act by
reason of wildfires in California.
(2) California wildfire disaster area.--The term
``California wildfire disaster area'' means an area with
respect to which between January 1, 2017 through January 18,
2018 a major disaster has been declared by the President
under section 401 of such Act by reason of wildfires in
California.
SEC. 20102. SPECIAL DISASTER-RELATED RULES FOR USE OF
RETIREMENT FUNDS.
(a) Tax-Favored Withdrawals From Retirement Plans.--
(1) In general.--Section 72(t) of the Internal Revenue Code
of 1986 shall not apply to any qualified wildfire
distribution.
(2) Aggregate dollar limitation.--
(A) In general.--For purposes of this subsection, the
aggregate amount of distributions received by an individual
which may be treated as qualified wildfire distributions for
any taxable year shall not exceed the excess (if any) of--
(i) $100,000, over
(ii) the aggregate amounts treated as qualified wildfire
distributions received by such individual for all prior
taxable years.
(B) Treatment of plan distributions.--If a distribution to
an individual would (without regard to subparagraph (A)) be a
qualified wildfire distribution, a plan shall not be treated
as violating any requirement of the Internal Revenue Code of
1986 merely because the plan treats such distribution as a
qualified wildfire distribution, unless the aggregate amount
of such distributions from all plans maintained by the
employer (and any member of any controlled group which
includes the employer) to such individual exceeds $100,000.
(C) Controlled group.--For purposes of subparagraph (B),
the term ``controlled group'' means any group treated as a
single employer under subsection (b), (c), (m), or (o) of
section 414 of the Internal Revenue Code of 1986.
(3) Amount distributed may be repaid.--
(A) In general.--Any individual who receives a qualified
wildfire distribution may, at any time during the 3-year
period beginning on the day after the date on which such
distribution was received, make one or more contributions in
an aggregate amount not to exceed the amount of such
distribution to an eligible retirement plan of which such
individual is a beneficiary and to which a rollover
contribution of such distribution could be made under section
402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), of
the Internal Revenue Code of 1986, as the case may be.
(B) Treatment of repayments of distributions from eligible
retirement plans other than iras.--For purposes of the
Internal Revenue Code of 1986, if a contribution is made
pursuant to subparagraph (A) with respect to a qualified
wildfire distribution from an eligible retirement plan other
than an individual retirement plan, then the taxpayer shall,
to the extent of the amount of the contribution, be treated
as having received the qualified wildfire distribution in an
eligible rollover distribution (as defined in section
402(c)(4) of such Code) and as having transferred the amount
to the eligible retirement plan in a direct trustee to
trustee transfer within 60 days of the distribution.
(C) Treatment of repayments for distributions from iras.--
For purposes of the Internal Revenue Code of 1986, if a
contribution is made pursuant to subparagraph (A) with
respect to a qualified wildfire distribution from an
individual retirement plan (as defined by section 7701(a)(37)
of such Code), then, to the extent of the amount of the
contribution, the qualified wildfire distribution shall be
treated as a distribution described in section 408(d)(3) of
such Code and as having been transferred to the eligible
retirement plan in a direct trustee to trustee transfer
within 60 days of the distribution.
(4) Definitions.--For purposes of this subsection--
(A) Qualified wildfire distribution.--Except as provided in
paragraph (2), the term ``qualified wildfire distribution''
means any distribution from an eligible retirement plan made
on or after October 8, 2017, and before January 1, 2019, to
an individual whose principal place of abode during any
portion of the period from October 8, 2017, to December 31,
2017, is located in the California wildfire disaster area and
who has sustained an economic loss by reason of the wildfires
to which the declaration of such area relates.
(B) Eligible retirement plan.--The term ``eligible
retirement plan'' shall have the meaning given such term by
section 402(c)(8)(B) of the Internal Revenue Code of 1986.
(5) Income inclusion spread over 3-year period.--
(A) In general.--In the case of any qualified wildfire
distribution, unless the taxpayer elects not to have this
paragraph apply for any taxable year, any amount required to
be included in gross income for such taxable year shall be so
included ratably over the 3-taxable-year period beginning
with such taxable year.
(B) Special rule.--For purposes of subparagraph (A), rules
similar to the rules of subparagraph (E) of section
408A(d)(3) of the Internal Revenue Code of 1986 shall apply.
(6) Special rules.--
(A) Exemption of distributions from trustee to trustee
transfer and withholding rules.--For purposes of sections
[[Page H1015]]
401(a)(31), 402(f), and 3405 of the Internal Revenue Code of
1986, qualified wildfire distributions shall not be treated
as eligible rollover distributions.
(B) Qualified wildfire distributions treated as meeting
plan distribution requirements.--For purposes the Internal
Revenue Code of 1986, a qualified wildfire distribution shall
be treated as meeting the requirements of sections
401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and
457(d)(1)(A) of such Code.
(b) Recontributions of Withdrawals for Home Purchases.--
(1) Recontributions.--
(A) In general.--Any individual who received a qualified
distribution may, during the period beginning on October 8,
2017, and ending on June 30, 2018, make one or more
contributions in an aggregate amount not to exceed the amount
of such qualified distribution to an eligible retirement plan
(as defined in section 402(c)(8)(B) of the Internal Revenue
Code of 1986) of which such individual is a beneficiary and
to which a rollover contribution of such distribution could
be made under section 402(c), 403(a)(4), 403(b)(8), or
408(d)(3), of such Code, as the case may be.
(B) Treatment of repayments.--Rules similar to the rules of
subparagraphs (B) and (C) of subsection (a)(3) shall apply
for purposes of this subsection.
(2) Qualified distribution.--For purposes of this
subsection, the term ``qualified distribution'' means any
distribution--
(A) described in section 401(k)(2)(B)(i)(IV),
403(b)(7)(A)(ii) (but only to the extent such distribution
relates to financial hardship), 403(b)(11)(B), or
72(t)(2)(F), of the Internal Revenue Code of 1986,
(B) received after March 31, 2017, and before January 15,
2018, and
(C) which was to be used to purchase or construct a
principal residence in the California wildfire disaster area
but which was not so purchased or constructed on account of
the wildfires to which the declaration of such area relates.
(c) Loans From Qualified Plans.--
(1) Increase in limit on loans not treated as
distributions.--In the case of any loan from a qualified
employer plan (as defined under section 72(p)(4) of the
Internal Revenue Code of 1986) to a qualified individual made
during the period beginning on the date of the enactment of
this Act and ending on December 31, 2018--
(A) clause (i) of section 72(p)(2)(A) of such Code shall be
applied by substituting ``$100,000'' for ``$50,000'', and
(B) clause (ii) of such section shall be applied by
substituting ``the present value of the nonforfeitable
accrued benefit of the employee under the plan'' for ``one-
half of the present value of the nonforfeitable accrued
benefit of the employee under the plan''.
(2) Delay of repayment.--In the case of a qualified
individual with an outstanding loan on or after October 8,
2017, from a qualified employer plan (as defined in section
72(p)(4) of the Internal Revenue Code of 1986)--
(A) if the due date pursuant to subparagraph (B) or (C) of
section 72(p)(2) of such Code for any repayment with respect
to such loan occurs during the period beginning on October 8,
2017, and ending on December 31, 2018, such due date shall be
delayed for 1 year,
(B) any subsequent repayments with respect to any such loan
shall be appropriately adjusted to reflect the delay in the
due date under paragraph (1) and any interest accruing during
such delay, and
(C) in determining the 5-year period and the term of a loan
under subparagraph (B) or (C) of section 72(p)(2) of such
Code, the period described in subparagraph (A) shall be
disregarded.
(3) Qualified individual.--For purposes of this subsection,
the term ``qualified individual'' means any individual whose
principal place of abode during any portion of the period
from October 8, 2017, to December 31, 2017, is located in the
California wildfire disaster area and who has sustained an
economic loss by reason of wildfires to which the declaration
of such area relates.
(d) Provisions Relating to Plan Amendments.--
(1) In general.--If this subsection applies to any
amendment to any plan or annuity contract, such plan or
contract shall be treated as being operated in accordance
with the terms of the plan during the period described in
paragraph (2)(B)(i).
(2) Amendments to which subsection applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is made--
(i) pursuant to any provision of this section, or pursuant
to any regulation issued by the Secretary or the Secretary of
Labor under any provision of this section, and
(ii) on or before the last day of the first plan year
beginning on or after January 1, 2019, or such later date as
the Secretary may prescribe.
In the case of a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986), clause (ii)
shall be applied by substituting the date which is 2 years
after the date otherwise applied under clause (ii).
(B) Conditions.--This subsection shall not apply to any
amendment unless--
(i) during the period--
(I) beginning on the date that this section or the
regulation described in subparagraph (A)(i) takes effect (or
in the case of a plan or contract amendment not required by
this section or such regulation, the effective date specified
by the plan), and
(II) ending on the date described in subparagraph (A)(ii)
(or, if earlier, the date the plan or contract amendment is
adopted),
the plan or contract is operated as if such plan or contract
amendment were in effect, and
(ii) such plan or contract amendment applies retroactively
for such period.
SEC. 20103. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED
BY CALIFORNIA WILDFIRES.
(a) In General.--For purposes of section 38 of the Internal
Revenue Code of 1986, in the case of an eligible employer,
the California wildfire employee retention credit shall be
treated as a credit listed in subsection (b) of such section.
For purposes of this subsection, the California wildfire
employee retention credit for any taxable year is an amount
equal to 40 percent of the qualified wages with respect to
each eligible employee of such employer for such taxable
year. For purposes of the preceding sentence, the amount of
qualified wages which may be taken into account with respect
to any individual shall not exceed $6,000.
(b) Definitions.--For purposes of this section--
(1) Eligible employer.--The term ``eligible employer''
means any employer--
(A) which conducted an active trade or business on October
8, 2017, in the California wildfire disaster zone, and
(B) with respect to whom the trade or business described in
subparagraph (A) is inoperable on any day after October 8,
2017, and before January 1, 2018, as a result of damage
sustained by reason of the wildfires to which such
declaration of such area relates.
(2) Eligible employee.--The term ``eligible employee''
means with respect to an eligible employer an employee whose
principal place of employment on October 8, 2017, with such
eligible employer was in the California wildfire disaster
zone.
(3) Qualified wages.--The term ``qualified wages'' means
wages (as defined in section 51(c)(1) of the Internal Revenue
Code of 1986, but without regard to section 3306(b)(2)(B) of
such Code) paid or incurred by an eligible employer with
respect to an eligible employee on any day after October 8,
2017, and before January 1, 2018, which occurs during the
period--
(A) beginning on the date on which the trade or business
described in paragraph (1) first became inoperable at the
principal place of employment of the employee immediately
before the wildfires to which the declaration of the
California wildfire disaster area relates, and
(B) ending on the date on which such trade or business has
resumed significant operations at such principal place of
employment.
Such term shall include wages paid without regard to whether
the employee performs no services, performs services at a
different place of employment than such principal place of
employment, or performs services at such principal place of
employment before significant operations have resumed.
(c) Certain Rules To Apply.--For purposes of this section,
rules similar to the rules of sections 51(i)(1), 52, and
280C(a) of the Internal Revenue Code of 1986, shall apply.
(d) Employee Not Taken Into Account More Than Once.--An
employee shall not be treated as an eligible employee for
purposes of this section for any period with respect to any
employer if such employer is allowed a credit under section
51 of the Internal Revenue Code of 1986 with respect to such
employee for such period.
SEC. 20104. ADDITIONAL DISASTER-RELATED TAX RELIEF
PROVISIONS.
(a) Temporary Suspension of Limitations on Charitable
Contributions.--
(1) In general.--Except as otherwise provided in paragraph
(2), subsection (b) of section 170 of the Internal Revenue
Code of 1986 shall not apply to qualified contributions and
such contributions shall not be taken into account for
purposes of applying subsections (b) and (d) of such section
to other contributions.
(2) Treatment of excess contributions.--For purposes of
section 170 of the Internal Revenue Code of 1986--
(A) Individuals.--In the case of an individual--
(i) Limitation.--Any qualified contribution shall be
allowed only to the extent that the aggregate of such
contributions does not exceed the excess of the taxpayer's
contribution base (as defined in subparagraph (H) of section
170(b)(1) of such Code) over the amount of all other
charitable contributions allowed under section 170(b)(1) of
such Code.
(ii) Carryover.--If the aggregate amount of qualified
contributions made in the contribution year (within the
meaning of section 170(d)(1) of such Code) exceeds the
limitation of clause (i), such excess shall be added to the
excess described in the portion of subparagraph (A) of such
section which precedes clause (i) thereof for purposes of
applying such section.
(B) Corporations.--In the case of a corporation--
(i) Limitation.--Any qualified contribution shall be
allowed only to the extent that the aggregate of such
contributions does not exceed the excess of the taxpayer's
taxable income (as determined under paragraph (2) of section
170(b) of such Code) over the amount of all other charitable
contributions allowed under such paragraph.
(ii) Carryover.--Rules similar to the rules of subparagraph
(A)(ii) shall apply for purposes of this subparagraph.
(3) Exception to overall limitation on itemized
deductions.--So much of any deduction allowed under section
170 of the Internal Revenue Code of 1986 as does not exceed
the qualified contributions paid during the taxable year
shall not be treated as an itemized deduction for purposes of
section 68 of such Code.
(4) Qualified contributions.--
(A) In general.--For purposes of this subsection, the term
``qualified contribution'' means any charitable contribution
(as defined in section 170(c) of the Internal Revenue Code of
1986) if--
[[Page H1016]]
(i) such contribution--
(I) is paid during the period beginning on October 8, 2017,
and ending on December 31, 2018, in cash to an organization
described in section 170(b)(1)(A) of such Code, and
(II) is made for relief efforts in the California wildfire
disaster area,
(ii) the taxpayer obtains from such organization
contemporaneous written acknowledgment (within the meaning of
section 170(f)(8) of such Code) that such contribution was
used (or is to be used) for relief efforts described in
clause (i)(II), and
(iii) the taxpayer has elected the application of this
subsection with respect to such contribution.
(B) Exception.--Such term shall not include a contribution
by a donor if the contribution is--
(i) to an organization described in section 509(a)(3) of
the Internal Revenue Code of 1986, or
(ii) for the establishment of a new, or maintenance of an
existing, donor advised fund (as defined in section
4966(d)(2) of such Code).
(C) Application of election to partnerships and s
corporations.--In the case of a partnership or S corporation,
the election under subparagraph (A)(iii) shall be made
separately by each partner or shareholder.
(b) Special Rules for Qualified Disaster-Related Personal
Casualty Losses.--
(1) In general.--If an individual has a net disaster loss
for any taxable year--
(A) the amount determined under section 165(h)(2)(A)(ii) of
the Internal Revenue Code of 1986 shall be equal to the sum
of--
(i) such net disaster loss, and
(ii) so much of the excess referred to in the matter
preceding clause (i) of section 165(h)(2)(A) of such Code
(reduced by the amount in clause (i) of this subparagraph) as
exceeds 10 percent of the adjusted gross income of the
individual,
(B) section 165(h)(1) of such Code shall be applied by
substituting ``$500'' for ``$500 ($100 for taxable years
beginning after December 31, 2009)'',
(C) the standard deduction determined under section 63(c)
of such Code shall be increased by the net disaster loss, and
(D) section 56(b)(1)(E) of such Code shall not apply to so
much of the standard deduction as is attributable to the
increase under subparagraph (C) of this paragraph.
(2) Net disaster loss.--For purposes of this subsection,
the term ``net disaster loss'' means the excess of qualified
disaster-related personal casualty losses over personal
casualty gains (as defined in section 165(h)(3)(A) of the
Internal Revenue Code of 1986).
(3) Qualified disaster-related personal casualty losses.--
For purposes of this subsection, the term ``qualified
disaster-related personal casualty losses'' means losses
described in section 165(c)(3) of the Internal Revenue Code
of 1986 which arise in the California wildfire disaster area
on or after October 8, 2017, and which are attributable to
the wildfires to which the declaration of such area relates.
(c) Special Rule for Determining Earned Income.--
(1) In general.--In the case of a qualified individual, if
the earned income of the taxpayer for the taxable year which
includes any portion of the period from October 8, 2017, to
December 31, 2017, is less than the earned income of the
taxpayer for the preceding taxable year, the credits allowed
under sections 24(d) and 32 of the Internal Revenue Code of
1986 may, at the election of the taxpayer, be determined by
substituting--
(A) such earned income for the preceding taxable year, for
(B) such earned income for the taxable year which includes
any portion of the period from October 8, 2017, to December
31, 2017.
(2) Qualified individual.--For purposes of this subsection,
the term ``qualified individual'' means any individual whose
principal place of abode during any portion of the period
from October 8, 2017, to December 31, 2017, was located--
(A) in the California wildfire disaster zone, or
(B) in the California wildfire disaster area (but outside
the California wildfire disaster zone) and such individual
was displaced from such principal place of abode by reason of
the wildfires to which the declaration of such area relates.
(3) Earned income.--For purposes of this subsection, the
term ``earned income'' has the meaning given such term under
section 32(c) of the Internal Revenue Code of 1986.
(4) Special rules.--
(A) Application to joint returns.--For purposes of
paragraph (1), in the case of a joint return for a taxable
year which includes any portion of the period from October 8,
2017, to December 31, 2017--
(i) such paragraph shall apply if either spouse is a
qualified individual, and
(ii) the earned income of the taxpayer for the preceding
taxable year shall be the sum of the earned income of each
spouse for such preceding taxable year.
(B) Uniform application of election.--Any election made
under paragraph (1) shall apply with respect to both sections
24(d) and 32, of the Internal Revenue Code of 1986.
(C) Errors treated as mathematical error.--For purposes of
section 6213 of the Internal Revenue Code of 1986, an
incorrect use on a return of earned income pursuant to
paragraph (1) shall be treated as a mathematical or clerical
error.
(D) No effect on determination of gross income, etc.--
Except as otherwise provided in this subsection, the Internal
Revenue Code of 1986 shall be applied without regard to any
substitution under paragraph (1).
TITLE II--TAX RELIEF FOR HURRICANES HARVEY, IRMA, AND MARIA
SEC. 20201. TAX RELIEF FOR HURRICANES HARVEY, IRMA, AND
MARIA.
(a) Modification of Hurricanes Harvey and Irma Disaster
Areas.--Subsections (a)(2) and (b)(2) of section 501 of the
Disaster Tax Relief and Airport and Airway Extension Act of
2017 (Public Law 115-63; 131 Stat. 1173) are both amended by
striking ``September 21, 2017'' and inserting ``October 17,
2017''.
(b) Employee Retention Credit.--Subsections (a)(3), (b)(3),
and (c)(3) of section 503 of the Disaster Tax Relief and
Airport and Airway Extension Act of 2017 (Public Law 115-63;
131 Stat. 1181) are each amended by striking ``sections
51(i)(1) and 52'' and inserting ``sections 51(i)(1), 52, and
280C(a)''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in the provisions of title V
of the Disaster Tax Relief and Airport and Airway Extension
Act of 2017 to which such amendments relate.
TITLE III--HURRICANE MARIA RELIEF FOR PUERTO RICO AND THE VIRGIN
ISLANDS MEDICAID PROGRAMS
SEC. 20301. HURRICANE MARIA RELIEF FOR PUERTO RICO AND THE
VIRGIN ISLANDS MEDICAID PROGRAMS.
(a) Increased Caps.--Section 1108(g)(5) of the Social
Security Act (42 U.S.C. 1308(g)(5)) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B)''
and inserting ``subparagraphs (B), (C), (D), and (E)''; and
(2) by adding at the end the following new subparagraphs:
``(C) Subject to subparagraphs (D) and (E), for the period
beginning January 1, 2018, and ending September 30, 2019--
``(i) the amount of the increase otherwise provided under
subparagraphs (A) and (B) for Puerto Rico shall be further
increased by $3,600,000,000; and
``(ii) the amount of the increase otherwise provided under
subparagraph (A) for the Virgin Islands shall be further
increased by $106,931,000.
``(D) For the period described in subparagraph (C), the
amount of the increase otherwise provided under subparagraph
(A)--
``(i) for Puerto Rico shall be further increased by
$1,200,000,000 if the Secretary certifies that Puerto Rico
has taken reasonable and appropriate steps during such
period, in accordance with a timeline established by the
Secretary, to--
``(I) implement methods, satisfactory to the Secretary, for
the collection and reporting of reliable data to the
Transformed Medicaid Statistical Information System (T-MSIS)
(or a successor system); and
``(II) demonstrate progress in establishing a State
medicaid fraud control unit described in section 1903(q); and
``(ii) for the Virgin Islands shall be further increased by
$35,644,000 if the Secretary certifies that the Virgin
Islands has taken reasonable and appropriate steps during
such period, in accordance with a timeline established by the
Secretary, to meet the conditions for certification specified
in subclauses (I) and (II) of clause (i).
``(E) Notwithstanding any other provision of title XIX,
during the period in which the additional funds provided
under subparagraphs (C) and (D) are available for Puerto Rico
and the Virgin Islands, respectively, with respect to
payments from such additional funds for amounts expended by
Puerto Rico and the Virgin Islands under such title, the
Secretary shall increase the Federal medical assistance
percentage or other rate that would otherwise apply to such
payments to 100 percent.''.
(b) Disregard of Certain Expenditures From Spending Cap.--
Section 1108(g)(4) of the Social Security Act (42 U.S.C.
1308(g)(4)) is amended--
(1) by inserting ``for a calendar quarter of such fiscal
year,'' after ``section 1903(a)(3)''; and
(2) by striking ``of such fiscal year for a calendar
quarter of such fiscal year,'' and inserting ``of such fiscal
year, and with respect to fiscal years beginning with fiscal
year 2018, if the Virgin Islands qualifies for a payment
under section 1903(a)(6) for a calendar quarter (beginning on
or after January 1, 2018) of such fiscal year,''.
(c) Report to Congress.--Not later than July 1, 2018, the
Secretary of Health and Human Services shall submit a report
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Finance of the Senate
that--
(1) describes the steps taken by Puerto Rico and the Virgin
Islands to meet the conditions for certification specified in
clauses (i) and (ii ), respectively, of section 1108(g)(5)(D)
of the Social Security Act (42 U.S.C. 1308(g)(5)(D)) (as
amended by subsection (a) of this section); and
(2) specifies timelines for each such territory to, as a
condition of eligibility for any additional increases in the
amounts determined for Puerto Rico or the Virgin Islands,
respectively, under subsection (g) of section 1108 of such
Act (42 U.S.C. 1308) for purposes of payments under title XIX
of such Act for fiscal year 2019, complete--
(A) implementation of methods, satisfactory to the
Secretary, for the collection and reporting of reliable data
to the Transformed Medicaid Statistical Information System
(T-MSIS) (or a successor system); and
(B) the establishment of a State medicaid fraud control
unit described in section 1903(q) of the Social Security Act
(42 U.S.C. 1396d(q)).
TITLE IV--BUDGETARY EFFECTS
SEC. 20401. EMERGENCY DESIGNATION.
This subdivision is designated as an emergency requirement
pursuant to section 4(g) of the Statutory Pay-As-You-Go Act
of 2010 (2 U.S.C. 933(g)).
SEC. 20402. DESIGNATION IN SENATE.
In the Senate, this subdivision is designated as an
emergency requirement pursuant to section 4112(a) of H. Con.
Res. 71 (115th Congress),
[[Page H1017]]
the concurrent resolution on the budget for fiscal year 2018.
Subdivision 3--Further Extension of Continuing Appropriations Act, 2018
Sec. 20101. The Continuing Appropriations Act, 2018
(division D of Public Law 115-56) is further amended by--
(1) striking the date specified in section 106(3) and
inserting ``March 23, 2018''; and
(2) inserting after section 155 the following new sections:
``Sec. 156. In addition to amounts provided by section
101, amounts are provided for `Department of Commerce--Bureau
of the Census--Periodic Census and Programs' at a rate for
operations of $182,000,000 for an additional amount for the
2020 Decennial Census Program; and such amounts may be
apportioned up to the rate for operations necessary to
maintain the schedule and deliver the required data according
to statutory deadlines in the 2020 Decennial Census Program.
``Sec. 157. Notwithstanding section 101, the matter
preceding the first proviso and the first proviso under the
heading `Power Marketing Administrations--Operation and
Maintenance, Southeastern Power Administration' in division D
of Public Law 115-31 shall be applied by substituting
`$6,379,000' for `$1,000,000' each place it appears.
``Sec. 158. As authorized by section 404 of the Bipartisan
Budget Act of 2015 (Public Law 114-74; 42 U.S.C. 6239 note),
the Secretary of Energy shall draw down and sell not to
exceed $350,000,000 of crude oil from the Strategic Petroleum
Reserve in fiscal year 2018: Provided, That the proceeds
from such drawdown and sale shall be deposited into the
`Energy Security and Infrastructure Modernization Fund' (in
this section referred to as the `Fund') during fiscal year
2018: Provided further, That in addition to amounts
otherwise made available by section 101, any amounts
deposited in the Fund shall be made available and shall
remain available until expended at a rate for operations of
$350,000,000, for necessary expenses in carrying out the Life
Extension II project for the Strategic Petroleum Reserve.
``Sec. 159. Amounts made available by section 101 for `The
Judiciary--Courts of Appeals, District Courts, and Other
Judicial Services--Fees of Jurors and Commissioners' may be
apportioned up to the rate for operations necessary to
accommodate increased juror usage.
``Sec. 160. Section 144 of the Continuing Appropriations
Act, 2018 (division D of Public Law 115-56), as amended by
the Further Additional Continuing Appropriations Act, 2018
(division A of Public Law 115-96), is amended by (1) striking
`$11,761,000' and inserting `$22,247,000', and (2) striking
`$1,104,000' and inserting `$1,987,000'.
``Sec. 161. Section 458(a)(4) of the Higher Education Act
of 1965 (20 U.S.C. 1087h(a)(4)) shall be applied by
substituting `2018' for `2017'.
``Sec. 162. For the purpose of carrying out section
435(a)(2) of the Higher Education Act of 1965 (HEA) (20
U.S.C. 1085(a)(2)), during the period covered by this Act the
Secretary of Education may waive the requirement under
section 435(a)(5)(A)(ii) of the HEA (20 U.S.C.
1085(a)(5)(A)(ii)) for an institution of higher education
that offers an associate degree, is a public institution, and
is located in an economically distressed county, defined as a
county that ranks in the lowest 5 percent of all counties in
the United States based on a national index of county
economic status: Provided, That this section shall apply to
an institution of higher education that otherwise would be
ineligible to participate in a program under part A of title
IV of the HEA on or after the date of enactment of this Act
due to the application of section 435(a)(2) of the HEA.
``Sec. 163. Notwithstanding any other provision of law,
funds made available by this Act for military construction,
land acquisition, and family housing projects and activities
may be obligated and expended to carry out planning and
design and military construction projects authorized by law:
Provided, That funds and authority provided by this section
may be used notwithstanding sections 102 and 104: Provided
further, That such funds may be used only for projects
identified by the Department of the Air Force in its January
29, 2018, letter sent to the Committees on Appropriations of
both Houses of Congress detailing urgently needed fiscal year
2018 construction requirements.
``Sec. 164. (a) Section 116(h)(3)(D) of title 49, United
States Code, is amended--
``(1) in clause (i), by striking `During the 2-year period
beginning on the date of enactment of this section, the';
inserting `The'; and inserting the following after the first
sentence: `Any such funds or limitation of obligations or
portions thereof transferred to the Bureau may be transferred
back to and merged with the original account.'; and
``(2) in clause (ii) by striking `During the 2-year period
beginning on the date of enactment of this section, the';
inserting `The'; and inserting the following after the first
sentence: `Any such funds or limitation of obligations or
portions thereof transferred to the Bureau may be transferred
back to and merged with the original account.'.
``(b) Section 503(l)(4) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 823(l)(4)) is
amended--
``(1) in the heading by striking `Safety and operations
account' and inserting `National Surface Transportation and
Innovative Finance Bureau account'; and
``(2) in subparagraph (A) by striking `Safety and
Operations account of the Federal Railroad Administration'
and inserting `National Surface Transportation and Innovative
Finance Bureau account'.
``Sec. 165. Section 24(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437v) shall be applied by substituting
the date specified in section 106(3) for `September 30,
2017'.''.
This subdivision may be cited as the ``Further Extension of
Continuing Appropriations Act, 2018''.
DIVISION C--BUDGETARY AND OTHER MATTERS
SEC. 30001. TABLE OF CONTENTS.
The table of contents for this division is as follows:
DIVISION C--BUDGETARY AND OTHER MATTERS
Sec. 30001. Table of contents.
TITLE I--BUDGET ENFORCEMENT
Sec. 30101. Amendments to the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 30102. Balances on the PAYGO Scorecards.
Sec. 30103. Authority for fiscal year 2019 budget resolution in the
Senate.
Sec. 30104. Authority for fiscal year 2019 budget resolution in the
House of Representatives.
Sec. 30105. Exercise of rulemaking powers.
TITLE II--OFFSETS
Sec. 30201. Customs user fees.
Sec. 30202. Aviation security service fees.
Sec. 30203. Extension of certain immigration fees.
Sec. 30204. Strategic Petroleum Reserve drawdown.
Sec. 30205. Elimination of surplus funds of Federal reserve banks.
Sec. 30206. Reemployment services and eligibility assessments.
TITLE III--TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT
Sec. 30301. Temporary extension of public debt limit.
TITLE IV--JOINT SELECT COMMITTEES
Subtitle A--Joint Select Committee on Solvency of Multiemployer Pension
Plans
Sec. 30421. Definitions.
Sec. 30422. Establishment of Joint Select Committee.
Sec. 30423. Funding.
Sec. 30424. Consideration of joint committee bill in the Senate.
Subtitle B--Joint Select Committee on Budget and Appropriations Process
Reform
Sec. 30441. Definitions.
Sec. 30442. Establishment of Joint Select Committee.
Sec. 30443. Funding.
Sec. 30444. Consideration of joint committee bill in the Senate.
TITLE I--BUDGET ENFORCEMENT
SEC. 30101. AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY
DEFICIT CONTROL ACT OF 1985.
(a) Revised Discretionary Spending Limits.--Section 251(c)
of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 901(c)) is amended by striking paragraphs (5)
and (6) and inserting the following:
``(5) for fiscal year 2018--
``(A) for the revised security category, $629,000,000,000
in new budget authority; and
``(B) for the revised nonsecurity category $579,000,000,000
in new budget authority;
``(6) for fiscal year 2019--
``(A) for the revised security category, $647,000,000,000
in new budget authority; and
``(B) for the revised nonsecurity category,
$597,000,000,000 in new budget authority;''.
(b) Direct Spending Adjustments for Fiscal Years 2018 and
2019.--Section 251A of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901a), is amended--
(1) in paragraph (5)(B), in the matter preceding clause
(i), by striking ``and (11)'' and inserting ``, (11), and
(12)''; and
(2) by adding at the end the following:
``(12) Implementing direct spending reductions for fiscal
years 2018 and 2019.--(A) OMB shall make the calculations
necessary to implement the direct spending reductions
calculated pursuant to paragraphs (3) and (4) without regard
to the amendment made to section 251(c) revising the
discretionary spending limits for fiscal years 2018 and 2019
by the Bipartisan Budget Act of 2018.
``(B) Paragraph (5)(B) shall not be implemented for fiscal
years 2018 and 2019.''.
(c) Extension of Direct Spending Reductions Through Fiscal
Year 2027.--Section 251A(6) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is
amended--
(1) in subparagraph (B), in the matter preceding clause
(i), by striking ``for fiscal year 2022, for fiscal year
2023, for fiscal year 2024, and for fiscal year 2025'' and
inserting ``for each of fiscal years 2022 through 2027''; and
(2) in subparagraph (C), in the matter preceding clause
(i), by striking ``fiscal year 2025'' and inserting ``fiscal
year 2027''.
SEC. 30102. BALANCES ON THE PAYGO SCORECARDS.
Effective on the date of enactment of this Act, the
balances on the PAYGO scorecards established pursuant to
paragraphs (4) and (5) of section 4(d) of the Statutory Pay-
As-You-Go Act of 2010 (2 U.S.C. 933(d)) shall be zero.
SEC. 30103. AUTHORITY FOR FISCAL YEAR 2019 BUDGET RESOLUTION
IN THE SENATE.
(a) Fiscal Year 2019.--For purposes of enforcing the
Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) after
April 15, 2018, and enforcing budgetary points of order in
prior concurrent resolutions on the budget, the allocations,
aggregates, and levels provided for in subsection (b) shall
apply in the Senate in the same manner as for a concurrent
resolution on the budget for fiscal year 2019 with
appropriate budgetary levels for fiscal years 2020 through
2028.
(b) Committee Allocations, Aggregates, and Levels.--After
April 15, 2018, but not later
[[Page H1018]]
than May 15, 2018, the Chairman of the Committee on the
Budget of the Senate shall file--
(1) for the Committee on Appropriations, committee
allocations for fiscal year 2019 consistent with
discretionary spending limits set forth in section 251(c)(6)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended by this Act, for the purposes of enforcing
section 302 of the Congressional Budget Act of 1974 (2 U.S.C.
633);
(2) for all committees other than the Committee on
Appropriations, committee allocations for fiscal years 2019,
2019 through 2023, and 2019 through 2028 consistent with the
most recent baseline of the Congressional Budget Office, as
adjusted for the budgetary effects of any provision of law
enacted during the period beginning on the date such baseline
is issued and ending on the date of submission of such
statement, for the purposes of enforcing section 302 of the
Congressional Budget Act of 1974 (2 U.S.C. 633);
(3) aggregate spending levels for fiscal year 2019 in
accordance with the allocations established under paragraphs
(1) and (2), for the purpose of enforcing section 311 of the
Congressional Budget Act of 1974 (2 U.S.C. 642);
(4) aggregate revenue levels for fiscal years 2019, 2019
through 2023, and 2019 through 2028 consistent with the most
recent baseline of the Congressional Budget Office, as
adjusted for the budgetary effects of any provision of law
enacted during the period beginning on the date such baseline
is issued and ending on the date of submission of such
statement, for the purpose of enforcing section 311 of the
Congressional Budget Act of 1974 (2 U.S.C. 642); and
(5) levels of Social Security revenues and outlays for
fiscal years 2019, 2019 through 2023, and 2019 through 2028
consistent with the most recent baseline of the Congressional
Budget Office, as adjusted for the budgetary effects of any
provision of law enacted during the period beginning on the
date such baseline is issued and ending on the date of
submission of such statement, for the purpose of enforcing
sections 302 and 311 of the Congressional Budget Act of 1974
(2 U.S.C. 633 and 642).
(c) Additional Matter.--The filing referred to in
subsection (b) may also include for fiscal year 2019 the
deficit-neutral reserve funds contained in title III of H.
Con. Res. 71 (115th Congress) updated by one fiscal year.
(d) Expiration.--This section shall expire if a concurrent
resolution on the budget for fiscal year 2019 is agreed to by
the Senate and the House of Representatives pursuant to
section 301 of the Congressional Budget Act of 1974 (2 U.S.C.
632).
SEC. 30104. AUTHORITY FOR FISCAL YEAR 2019 BUDGET RESOLUTION
IN THE HOUSE OF REPRESENTATIVES.
(a) Fiscal Year 2019.--If a concurrent resolution on the
budget for fiscal year 2019 has not been adopted by April 15,
2018, for the purpose of enforcing the Congressional Budget
Act of 1974, the allocations, aggregates, and levels provided
for in subsection (b) shall apply in the House of
Representatives after April 15, 2018, in the same manner as
for a concurrent resolution on the budget for fiscal year
2019 with appropriate budgetary levels for fiscal year 2019
and for fiscal years 2020 through 2028.
(b) Committee Allocations, Aggregates, and Levels.--In the
House of Representatives, the Chair of the Committee on the
Budget shall submit a statement for publication in the
Congressional Record after April 15, 2018, but not later than
May 15, 2018, containing--
(1) for the Committee on Appropriations, committee
allocations for fiscal year 2019 for discretionary budget
authority at the total level set forth in section 251(c)(6)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as amended by this Act, and the outlays flowing
therefrom, and committee allocations for fiscal year 2019 for
current law mandatory budget authority and outlays, for the
purpose of enforcing section 302 of the Congressional Budget
Act of 1974;
(2) for all committees other than the Committee on
Appropriations, committee allocations for fiscal year 2019
and for the period of fiscal years 2019 through 2028 at the
levels included in the most recent baseline of the
Congressional Budget Office, as adjusted for the budgetary
effects of any provision of law enacted during the period
beginning on the date such baseline is issued and ending on
the date of submission of such statement, for the purpose of
enforcing section 302 of the Congressional Budget Act of
1974; and
(3) aggregate spending levels for fiscal year 2019 and
aggregate revenue levels for fiscal year 2019 and for the
period of fiscal years 2019 through 2028, at the levels
included in the most recent baseline of the Congressional
Budget Office, as adjusted for the budgetary effects of any
provision of law enacted during the period beginning on the
date such baseline is issued and ending on the date of
submission of such statement, for the purpose of enforcing
section 311 of the Congressional Budget Act of 1974.
(c) Additional Matter.--The statement referred to in
subsection (b) may also include for fiscal year 2019, the
matter contained in the provisions referred to in subsection
(f)(1).
(d) Fiscal Year 2019 Allocation to the Committee on
Appropriations.--If the statement referred to in subsection
(b) is not filed by May 15, 2018, then the matter referred to
in subsection (b)(1) shall be submitted by the Chair of the
Committee on the Budget for publication in the Congressional
Record on the next day that the House of Representatives is
in session.
(e) Adjustments.--The chair of the Committee on the Budget
of the House of Representatives may adjust the levels
included in the statement referred to in subsection (b) to
reflect the budgetary effects of any legislation enacted
during the 115th Congress that reduces the deficit or as
otherwise necessary.
(f) Application.--Upon submission of the statement referred
to in subsection (b)--
(1) all references in sections 5101 through 5112, sections
5201 through 5205, section 5301, and section 5401 of House
Concurrent Resolution 71 (115th Congress) to a fiscal year
shall be considered for all purposes in the House to be
references to the succeeding fiscal year; and
(2) all references in the provisions referred to in
paragraph (1) to allocations, aggregates, or other
appropriate levels in ``this concurrent resolution'', ``the
most recently agreed to concurrent resolution on the
budget'', or ``this resolution'' shall be considered for all
purposes in the House to be references to the allocations,
aggregates, or other appropriate levels contained in the
statement referred to in subsection (b), as adjusted.
(g) Expiration.--Subsections (a) through (f) shall no
longer apply if a concurrent resolution on the budget for
fiscal year 2019 is agreed to by the Senate and House of
Representatives.
SEC. 30105. EXERCISE OF RULEMAKING POWERS.
Sections 30103 and 30104 are enacted by the Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
they shall be considered as part of the rules of each House,
respectively, or of that House to which they specifically
apply, and such rules shall supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same
extent as in the case of any other rule of such House.
TITLE II--OFFSETS
SEC. 30201. CUSTOMS USER FEES.
(a) In General.--Section 13031(j)(3) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(j)(3)) is amended--
(1) in subparagraph (A), by striking ``January 14, 2026''
and inserting ``February 24, 2027''; and
(2) in subparagraph (B)(i), by striking ``September 30,
2025'' and inserting ``September 30, 2027''.
(b) Rate for Merchandise Processing Fees.--Section 503 of
the United States-Korea Free Trade Agreement Implementation
Act (Public Law 112-41; 19 U.S.C. 3805 note) is amended by
striking ``January 14, 2026'' and inserting ``February 24,
2027''.
SEC. 30202. AVIATION SECURITY SERVICE FEES.
Paragraph (4) of section 44940(i) of title 49, United
States Code, is amended by adding at the end the following
new subparagraphs:
``(M) $1,640,000,000 for fiscal year 2026.
``(N) $1,680,000,000 for fiscal year 2027.''.
SEC. 30203. EXTENSION OF CERTAIN IMMIGRATION FEES.
(a) Visa Waiver Program.--Section 217(h)(3)(B)(iii) of the
Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B)(iii))
is amended by striking ``September 30, 2020'' and inserting
``September 30, 2027''.
(b) L-1 and H-1b Visas.--Section 411 of the Air
Transportation Safety and System Stabilization Act (49 U.S.C.
40101 note) is amended by striking ``September 30, 2025''
each place it appears and inserting ``September 30, 2027''.
SEC. 30204. STRATEGIC PETROLEUM RESERVE DRAWDOWN.
(a) Drawdown and Sale.--
(1) In general.--Notwithstanding section 161 of the Energy
Policy and Conservation Act (42 U.S.C. 6241), except as
provided in subsection (b), the Secretary of Energy shall
draw down and sell from the Strategic Petroleum Reserve--
(A) 30,000,000 barrels of crude oil during the period of
fiscal years 2022 through 2025;
(B) 35,000,000 barrels of crude oil during fiscal year
2026; and
(C) 35,000,000 barrels of crude oil during fiscal year
2027.
(2) Deposit of amounts received from sale.--Amounts
received from a sale under paragraph (1) shall be deposited
in the general fund of the Treasury during the fiscal year in
which the sale occurs.
(b) Emergency Protection.--The Secretary of Energy may not
draw down and sell crude oil under this section in quantities
that would limit the authority to sell petroleum products
under subsection (h) of section 161 of the Energy Policy and
Conservation Act (42 U.S.C. 6241) in the full quantity
authorized by that subsection.
(c) Strategic Petroleum Drawdown Conditions and
Limitations.--
(1) Conditions.--Section 161(h)(1) of the Energy Policy and
Conservation Act (42 U.S.C. 6241(h)(1)) is amended in
subparagraph (B) by striking ``shortage; and'' and all that
follows through ``Secretary of'' in subparagraph (C) and
inserting the following: ``shortage;
``(C) the Secretary has found that action taken under this
subsection will not impair the ability of the United States
to carry out obligations of the United States under the
international energy program; and
``(D) the Secretary of''.
(2) Limitations.--Section 161(h)(2) of the Energy Policy
and Conservation Act (42 U.S.C. 6241(h)(2)) is amended by
striking ``450,000,000'' each place it appears and inserting
``350,000,000''.
SEC. 30205. ELIMINATION OF SURPLUS FUNDS OF FEDERAL RESERVE
BANKS.
Section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C.
289(a)(3)(A)) is amended by striking ``$10,000,000,000'' and
inserting ``$7,500,000,000''.
SEC. 30206. REEMPLOYMENT SERVICES AND ELIGIBILITY
ASSESSMENTS.
(a) In General.--Title III of the Social Security Act (42
U.S.C. 501 et seq.) is amended by adding at the end the
following:
``SEC. 306. GRANTS TO STATES FOR REEMPLOYMENT SERVICES AND
ELIGIBILITY ASSESSMENTS.
``(a) In General.--The Secretary of Labor (in this section
referred to as the `Secretary') shall
[[Page H1019]]
award grants under this section for a fiscal year to eligible
States to conduct a program of reemployment services and
eligibility assessments for individuals referred to
reemployment services as described in section 303(j) for
weeks in such fiscal year for which such individuals receive
unemployment compensation.
``(b) Purposes.--The purposes of this section are to
accomplish the following goals:
``(1) To improve employment outcomes of individuals that
receive unemployment compensation and to reduce the average
duration of receipt of such compensation through employment.
``(2) To strengthen program integrity and reduce improper
payments of unemployment compensation by States through the
detection and prevention of such payments to individuals who
are not eligible for such compensation.
``(3) To promote alignment with the broader vision of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.) of increased program integration and service delivery
for job seekers, including claimants for unemployment
compensation.
``(4) To establish reemployment services and eligibility
assessments as an entry point for individuals receiving
unemployment compensation into other workforce system partner
programs.
``(c) Evidence-based Standards.--
``(1) In general.--In carrying out a State program of
reemployment services and eligibility assessments using grant
funds awarded to the State under this section, a State shall
use such funds only for interventions demonstrated to reduce
the number of weeks for which program participants receive
unemployment compensation by improving employment outcomes
for program participants.
``(2) Expanding evidence-based interventions.--In addition
to the requirement imposed by paragraph (1), a State shall--
``(A) for fiscal years 2023 and 2024, use no less than 25
percent of the grant funds awarded to the State under this
section for interventions with a high or moderate causal
evidence rating that show a demonstrated capacity to improve
employment and earnings outcomes for program participants;
``(B) for fiscal years 2025 and 2026, use no less than 40
percent of such grant funds for interventions described in
subparagraph (A); and
``(C) for fiscal years beginning after fiscal year 2026,
use no less than 50 percent of such grant funds for
interventions described in subparagraph (A).
``(d) Evaluations.--
``(1) Required evaluations.--Any intervention without a
high or moderate causal evidence rating used by a State in
carrying out a State program of reemployment services and
eligibility assessments under this section shall be under
evaluation at the time of use.
``(2) Funding limitation.--A State shall use not more than
10 percent of grant funds awarded to the State under this
section to conduct or cause to be conducted evaluations of
interventions used in carrying out a program under this
section (including evaluations conducted pursuant to
paragraph (1)).
``(e) State Plan.--
``(1) In general.--As a condition of eligibility to receive
a grant under this section for a fiscal year, a State shall
submit to the Secretary, at such time and in such manner as
the Secretary may require, a State plan that outlines how the
State intends to conduct a program of reemployment services
and eligibility assessments under this section, including--
``(A) assurances that, and a description of how, the
program will provide--
``(i) proper notification to participating individuals of
the program's eligibility conditions, requirements, and
benefits, including the issuance of warnings and simple,
clear notifications to ensure that participating individuals
are fully aware of the consequences of failing to adhere to
such requirements, including policies related to non-
attendance or non-fulfillment of work search requirements;
and
``(ii) reasonable scheduling accommodations to maximize
participation for eligible individuals;
``(B) assurances that, and a description of how, the
program will conform with the purposes outlined in subsection
(b) and satisfy the requirement to use evidence-based
standards under subsection (c), including--
``(i) a description of the evidence-based interventions the
State plans to use to speed reemployment;
``(ii) an explanation of how such interventions are
appropriate to the population served; and
``(iii) if applicable, a description of the evaluation
structure the State plans to use for interventions without at
least a moderate or high causal evidence rating, which may
include national evaluations conducted by the Department of
Labor or by other entities; and
``(C) a description of any reemployment activities and
evaluations conducted in the prior fiscal year, and any data
collected on--
``(i) characteristics of program participants;
``(ii) the number of weeks for which program participants
receive unemployment compensation; and
``(iii) employment and other outcomes for program
participants consistent with State performance accountability
measures provided by the State unemployment compensation
program and in section 116(b) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3141(b)).
``(2) Approval.--The Secretary shall approve any State
plan, that is timely submitted to the Secretary, in such
manner as the Secretary may require, that satisfies the
conditions described in paragraph (1).
``(3) Disapproval and revision.--If the Secretary
determines that a State plan submitted pursuant to this
subsection fails to satisfy the conditions described in
paragraph (1), the Secretary shall--
``(A) disapprove such plan;
``(B) provide to the State, not later than 30 days after
the date of receipt of the State plan, a written notice of
such disapproval that includes a description of any portion
of the plan that was not approved and the reason for the
disapproval of each such portion; and
``(C) provide the State with an opportunity to correct any
such failure and submit a revised State plan.
``(f) Allocation of Funds.--
``(1) Base funding.--
``(A) In general.--For each fiscal year after fiscal year
2020, the Secretary shall allocate a percentage equal to the
base funding percentage for such fiscal year of the funds
made available for grants under this section among the States
awarded such a grant for such fiscal year using a formula
prescribed by the Secretary based on the rate of insured
unemployment (as defined in section 203(e)(1) of the Federal-
State Extended Unemployment Compensation Act of 1970 (26
U.S.C. 3304 note)) in the State for a period to be determined
by the Secretary. In developing such formula with respect to
a State, the Secretary shall consider the importance of
avoiding sharp reductions in grant funding to a State over
time.
``(B) Base funding percentage.--For purposes of
subparagraph (A), the term `base funding percentage' means--
``(i) for fiscal years 2021 through 2026, 89 percent; and
``(ii) for fiscal years after 2026, 84 percent.
``(2) Reservation for outcome payments.--
``(A) In general.--Of the amounts made available for grants
under this section for each fiscal year after 2020, the
Secretary shall reserve a percentage equal to the outcome
reservation percentage for such fiscal year for outcome
payments to increase the amount otherwise awarded to a State
under paragraph (1). Such outcome payments shall be paid to
States conducting reemployment services and eligibility
assessments under this section that, during the previous
fiscal year, met or exceeded the outcome goals provided in
subsection (b)(1) related to reducing the average duration of
receipt of unemployment compensation by improving employment
outcomes.
``(B) Outcome reservation percentage.--For purposes of
subparagraph (A), the term `outcome reservation percentage'
means--
``(i) for fiscal years 2021 through 2026, 10 percent; and
``(ii) for fiscal years after 2026, 15 percent.
``(3) Reservation for research and technical assistance.--
Of the amounts made available for grants under this section
for each fiscal year after 2020, the Secretary may reserve
not more than 1 percent to conduct research and provide
technical assistance to States.
``(4) Consultation and public comment.--Not later than
September 30, 2019, the Secretary shall--
``(A) consult with the States and seek public comment in
developing the allocation formula under paragraph (1) and the
criteria for carrying out the reservations under paragraph
(2); and
``(B) make publicly available the allocation formula and
criteria developed pursuant to subclause (A).
``(g) Notification to Congress.--Not later than 90 days
prior to making any changes to the allocation formula or the
criteria developed pursuant to subsection (f)(5)(A), the
Secretary shall submit to Congress, including to the
Committee on Ways and Means and the Committee on
Appropriations of the House of Representatives and the
Committee on Finance and the Committee on Appropriations of
the Senate, a notification of any such change.
``(h) Supplement Not Supplant.--Funds made available to
carry out this section shall be used to supplement the level
of Federal, State, and local public funds that, in the
absence of such availability, would be expended to provide
reemployment services and eligibility assessments to
individuals receiving unemployment compensation, and in no
case to supplant such Federal, State, or local public funds.
``(i) Definitions.--In this section:
``(1) Causal evidence rating.--The terms `high causal
evidence rating' and `moderate causal evidence rating' shall
have the meaning given such terms by the Secretary of Labor.
``(2) Eligible state.--The term `eligible State' means a
State that has in effect a State plan approved by the
Secretary in accordance with subsection (e).
``(3) Intervention.--The term `intervention' means a
service delivery strategy for the provision of State
reemployment services and eligibility assessment activities
under this section.
``(4) State.--The term `State' has the meaning given the
term in section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).
``(5) Unemployment compensation.--The term unemployment
compensation means `regular compensation', `extended
compensation', and `additional compensation' (as such terms
are defined by section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304
note)).''.
(b) Report.--Not later than 3 years after the date of
enactment of this Act, the Secretary of Labor shall submit to
Congress a report to describe promising interventions used by
States to provide reemployment assistance.
(c) Adjustment to Discretionary Spending Limits.--Section
251(b)(2) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended by adding
at the end the following:
``(E) Reemployment services and eligibility assessments.--
``(i) In general.--If a bill or joint resolution making
appropriations for a fiscal year is enacted that specifies an
amount for grants to States under section 306 of the Social
Security Act, then the adjustment for that fiscal year
[[Page H1020]]
shall be the additional new budget authority provided in that
Act for such grants for that fiscal year, but shall not
exceed--
``(I) for fiscal year 2018, $0;
``(II) for fiscal year 2019, $33,000,000;
``(III) for fiscal year 2020, $58,000,000; and
``(IV) for fiscal year 2021, $83,000,000.
``(ii) Definition.--As used in this subparagraph, the term
`additional new budget authority' means the amount provided
for a fiscal year, in excess of $117,000,000, in an
appropriation Act and specified to pay for grants to States
under section 306 of the Social Security Act.''.
(d) Other Budgetary Adjustments.--Section 314 of the
Congressional Budget Act of 1974 (2 U.S.C. 645) is amended by
adding at the end the following:
``(g) Adjustment for Reemployment Services and Eligibility
Assessments.--
``(1) In general.--
``(A) Adjustments.--If the Committee on Appropriations of
either House reports an appropriation measure for any of
fiscal years 2022 through 2027 that provides budget authority
for grants under section 306 of the Social Security Act, or
if a conference committee submits a conference report
thereon, the chairman of the Committee on the Budget of the
House of Representatives or the Senate shall make the
adjustments referred to in subparagraph (B) to reflect the
additional new budget authority provided for such grants in
that measure or conference report and the outlays resulting
therefrom, consistent with subparagraph (D).
``(B) Types of adjustments.--The adjustments referred to in
this subparagraph consist of adjustments to--
``(i) the discretionary spending limits for that fiscal
year as set forth in the most recently adopted concurrent
resolution on the budget;
``(ii) the allocations to the Committees on Appropriations
of the Senate and the House of Representatives for that
fiscal year under section 302(a); and
``(iii) the appropriate budget aggregates for that fiscal
year in the most recently adopted concurrent resolution on
the budget.
``(C) Enforcement.--The adjusted discretionary spending
limits, allocations, and aggregates under this paragraph
shall be considered the appropriate limits, allocations, and
aggregates for purposes of congressional enforcement of this
Act and concurrent budget resolutions under this Act.
``(D) Limitation.--No adjustment may be made under this
subsection in excess of--
``(i) for fiscal year 2022, $133,000,000;
``(ii) for fiscal year 2023, $258,000,000;
``(iii) for fiscal year 2024, $433,000,000;
``(iv) for fiscal year 2025, $533,000,000;
``(v) for fiscal year 2026, $608,000,000; and
``(vi) for fiscal year 2027, $633,000,000.
``(E) Definition.--As used in this subsection, the term
`additional new budget authority' means the amount provided
for a fiscal year, in excess of $117,000,000, in an
appropriation measure or conference report (as the case may
be) and specified to pay for grants to States under section
306 of the Social Security Act.
``(2) Report on 302(b) level.--Following any adjustment
made under paragraph (1), the Committees on Appropriations of
the Senate and the House of Representatives may report
appropriately revised suballocations pursuant to section
302(b) to carry out this subsection.''.
TITLE III--TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT
SEC. 30301. TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT.
(a) In General.--Section 3101(b) of title 31, United States
Code, shall not apply for the period beginning on the date of
the enactment of this Act and ending on March 1, 2019.
(b) Special Rule Relating to Obligations Issued During
Extension Period.--Effective on March 2, 2019, the limitation
in effect under section 3101(b) of title 31, United States
Code, shall be increased to the extent that--
(1) the face amount of obligations issued under chapter 31
of such title and the face amount of obligations whose
principal and interest are guaranteed by the United States
Government (except guaranteed obligations held by the
Secretary of the Treasury) outstanding on March 2, 2019,
exceeds
(2) the face amount of such obligations outstanding on the
date of the enactment of this Act.
(c) Restoring Congressional Authority Over the National
Debt.--
(1) Extension limited to necessary obligations.--An
obligation shall not be taken into account under subsection
(b)(1) unless the issuance of such obligation was necessary
to fund a commitment incurred pursuant to law by the Federal
Government that required payment before March 2, 2019.
(2) Prohibition on creation of cash reserve during
extension period.--The Secretary of the Treasury shall not
issue obligations during the period specified in subsection
(a) for the purpose of increasing the cash balance above
normal operating balances in anticipation of the expiration
of such period.
TITLE IV--JOINT SELECT COMMITTEES
Subtitle A--Joint Select Committee on Solvency of Multiemployer Pension
Plans
SEC. 30421. DEFINITIONS.
In this subtitle--
(1) the term ``joint committee'' means the Joint Select
Committee on Solvency of Multiemployer Pension Plans
established under section 30422(a); and
(2) the term ``joint committee bill'' means a bill
consisting of the proposed legislative language of the joint
committee recommended in accordance with section
30422(b)(2)(B)(ii) and introduced under section 30424(a).
SEC. 30422. ESTABLISHMENT OF JOINT SELECT COMMITTEE.
(a) Establishment of Joint Select Committee.--There is
established a joint select committee of Congress to be known
as the ``Joint Select Committee on Solvency of Multiemployer
Pension Plans''.
(b) Implementation.--
(1) Goal.--The goal of the joint committee is to improve
the solvency of multiemployer pension plans and the Pension
Benefit Guaranty Corporation.
(2) Duties.--
(A) In general.--The joint committee shall provide
recommendations and legislative language that will
significantly improve the solvency of multiemployer pension
plans and the Pension Benefit Guaranty Corporation.
(B) Report, recommendations, and legislative language.--
(i) In general.--Not later than November 30, 2018, the
joint committee shall vote on--
(I) a report that contains a detailed statement of the
findings, conclusions, and recommendations of the joint
committee; and
(II) proposed legislative language to carry out the
recommendations described in subclause (I).
(ii) Approval of report and legislative language.--
(I) In general.--The report of the joint committee and the
proposed legislative language described in clause (i) shall
only be approved upon receiving the votes of--
(aa) a majority of joint committee members appointed by the
Speaker of the House of Representatives and the Majority
Leader of the Senate; and
(bb) a majority of joint committee members appointed by the
Minority Leader of the House of Representatives and the
Minority Leader of the Senate.
(II) Availability.--The text of any report and proposed
legislative language shall be publicly available in
electronic form at least 24 hours prior to its consideration.
(iii) Additional views.--A member of the joint committee
who gives notice of an intention to file supplemental,
minority, or additional views at the time of the final joint
committee vote on the approval of the report and legislative
language under clause (ii) shall be entitled to 2 calendar
days after the day of such notice in which to file such views
in writing with the co-chairs. Such views shall then be
included in the joint committee report and printed in the
same volume, or part thereof, and their inclusion shall be
noted on the cover of the report. In the absence of timely
notice, the joint committee report may be printed and
transmitted immediately without such views.
(iv) Transmission of report and legislative language.--If
the report and legislative language are approved by the joint
committee pursuant to clause (ii), the joint committee shall
submit the joint committee report and legislative language
described in clause (i) to the President, the Vice President,
the Speaker of the House of Representatives, and the majority
and minority leaders of each House of Congress not later than
15 calendar days after such approval.
(v) Report and legislative language to be made public.--
Upon the approval of the joint committee report and
legislative language pursuant to clause (ii), the joint
committee shall promptly make the full report and legislative
language, and a record of any vote, available to the public.
(3) Membership.--
(A) In general.--The joint committee shall be composed of
16 members appointed pursuant to subparagraph (B).
(B) Appointment.--Members of the joint committee shall be
appointed as follows:
(i) The Speaker of the House of Representatives shall
appoint 4 members from among Members of the House of
Representatives.
(ii) The Minority Leader of the House of Representatives
shall appoint 4 members from among Members of the House of
Representatives.
(iii) The Majority Leader of the Senate shall appoint 4
members from among Members of the Senate.
(iv) The Minority Leader of the Senate shall appoint 4
members from among Members of the Senate.
(C) Co-chairs.--Two of the appointed members of the joint
committee will serve as co-chairs. The Speaker of the House
of Representatives and the Majority Leader of the Senate
shall jointly appoint one co-chair, and the Minority Leader
of the House of Representatives and the Minority Leader of
the Senate shall jointly appoint the second co-chair. The co-
chairs shall be appointed not later than 14 calendar days
after the date of enactment of this Act.
(D) Date.--Members of the joint committee shall be
appointed not later than 14 calendar days after the date of
enactment of this Act.
(E) Period of appointment.--Members shall be appointed for
the life of the joint committee. Any vacancy in the joint
committee shall not affect its powers, but shall be filled
not later than 14 calendar days after the date on which the
vacancy occurs, in the same manner as the original
appointment was made. If a member of the joint committee
ceases to be a Member of the House of Representatives or the
Senate, as the case may be, the member is no longer a member
of the joint committee and a vacancy shall exist.
(4) Administration.--
(A) 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.
[[Page H1021]]
(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. 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.
[[Page H1022]]
(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. 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.
[[Page H1023]]
Sec. 40307. Extension of election to expense mine safety equipment.
Sec. 40308. Extension of special expensing rules for certain
productions.
Sec. 40309. Extension of deduction allowable with respect to income
attributable to domestic production activities in Puerto
Rico.
Sec. 40310. Extension of special rule relating to qualified timber
gain.
Sec. 40311. Extension of empowerment zone tax incentives.
Sec. 40312. Extension of American Samoa economic development credit.
Subtitle C--Incentives for Energy Production and Conservation
Sec. 40401. Extension of credit for nonbusiness energy property.
Sec. 40402. Extension and modification of credit for residential energy
property.
Sec. 40403. Extension of credit for new qualified fuel cell motor
vehicles.
Sec. 40404. Extension of credit for alternative fuel vehicle refueling
property.
Sec. 40405. Extension of credit for 2-wheeled plug-in electric
vehicles.
Sec. 40406. Extension of second generation biofuel producer credit.
Sec. 40407. Extension of biodiesel and renewable diesel incentives.
Sec. 40408. Extension of production credit for Indian coal facilities.
Sec. 40409. Extension of credits with respect to facilities producing
energy from certain renewable resources.
Sec. 40410. Extension of credit for energy-efficient new homes.
Sec. 40411. Extension and phaseout of energy credit.
Sec. 40412. Extension of special allowance for second generation
biofuel plant property.
Sec. 40413. Extension of energy efficient commercial buildings
deduction.
Sec. 40414. Extension of special rule for sales or dispositions to
implement FERC or State electric restructuring policy for
qualified electric utilities.
Sec. 40415. Extension of excise tax credits relating to alternative
fuels.
Sec. 40416. Extension of Oil Spill Liability Trust Fund financing rate.
Subtitle D--Modifications of Energy Incentives
Sec. 40501. Modifications of credit for production from advanced
nuclear power facilities.
TITLE II--MISCELLANEOUS PROVISIONS
Sec. 41101. Amendment of Internal Revenue Code of 1986.
Sec. 41102. Modifications to rum cover over.
Sec. 41103. Extension of waiver of limitations with respect to
excluding from gross income amounts received by
wrongfully incarcerated individuals.
Sec. 41104. Individuals held harmless on improper levy on retirement
plans.
Sec. 41105. Modification of user fee requirements for installment
agreements.
Sec. 41106. Form 1040SR for seniors.
Sec. 41107. Attorneys fees relating to awards to whistleblowers.
Sec. 41108. Clarification of whistleblower awards.
Sec. 41109. Clarification regarding excise tax based on investment
income of private colleges and universities.
Sec. 41110. Exception from private foundation excess business holding
tax for independently-operated philanthropic business
holdings.
Sec. 41111. Rule of construction for Craft Beverage Modernization and
Tax Reform.
Sec. 41112. Simplification of rules regarding records, statements, and
returns.
Sec. 41113. Modification of rules governing hardship distributions.
Sec. 41114. Modification of rules relating to hardship withdrawals from
cash or deferred arrangements.
Sec. 41115. Opportunity Zones rule for Puerto Rico.
Sec. 41116. Tax home of certain citizens or residents of the United
States living abroad.
Sec. 41117. Treatment of foreign persons for returns relating to
payments made in settlement of payment card and third
party network transactions.
Sec. 41118. Repeal of shift in time of payment of corporate estimated
taxes.
Sec. 41119. Enhancement of carbon dioxide sequestration credit.
TITLE I--EXTENSION OF EXPIRING PROVISIONS
SEC. 40101. AMENDMENT OF INTERNAL REVENUE CODE OF 1986.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
Subtitle A--Tax Relief for Families and Individuals
SEC. 40201. EXTENSION OF EXCLUSION FROM GROSS INCOME OF
DISCHARGE OF QUALIFIED PRINCIPAL RESIDENCE
INDEBTEDNESS.
(a) In General.--Section 108(a)(1)(E) is amended by
striking ``January 1, 2017'' each place it appears and
inserting ``January 1, 2018''.
(b) Effective Date.--The amendments made by this section
shall apply to discharges of indebtedness after December 31,
2016.
SEC. 40202. EXTENSION OF MORTGAGE INSURANCE PREMIUMS TREATED
AS QUALIFIED RESIDENCE INTEREST.
(a) In General.--Subclause (I) of section 163(h)(3)(E)(iv)
is amended by striking ``December 31, 2016'' and inserting
``December 31, 2017''.
(b) Effective Date.--The amendment made by this section
shall apply to amounts paid or accrued after December 31,
2016.
SEC. 40203. EXTENSION OF ABOVE-THE-LINE DEDUCTION FOR
QUALIFIED TUITION AND RELATED EXPENSES.
(a) In General.--Section 222(e) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2016.
Subtitle B--Incentives for Growth, Jobs, Investment, and Innovation
SEC. 40301. EXTENSION OF INDIAN EMPLOYMENT TAX CREDIT.
(a) In General.--Section 45A(f) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2016.
SEC. 40302. EXTENSION OF RAILROAD TRACK MAINTENANCE CREDIT.
(a) In General.--Section 45G(f) is amended by striking
``January 1, 2017'' and inserting ``January 1, 2018''.
(b) Effective Date.--
(1) In general.--The amendment made by this section shall
apply to expenditures paid or incurred in taxable years
beginning after December 31, 2016.
(2) Safe harbor assignments.--Assignments, including
related expenditures paid or incurred, under paragraph (2) of
section 45G(b) of the Internal Revenue Code of 1986 for
taxable years ending after January 1, 2017, and before
January 1, 2018, shall be treated as effective as of the
close of such taxable year if made pursuant to a written
agreement entered into no later than 90 days following the
date of the enactment of this Act.
SEC. 40303. EXTENSION OF MINE RESCUE TEAM TRAINING CREDIT.
(a) In General.--Section 45N(e) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2016.
SEC. 40304. EXTENSION OF CLASSIFICATION OF CERTAIN RACE
HORSES AS 3-YEAR PROPERTY.
(a) In General.--Section 168(e)(3)(A)(i) is amended--
(1) by striking ``January 1, 2017'' in subclause (I) and
inserting ``January 1, 2018'', and
(2) by striking ``December 31, 2016'' in subclause (II) and
inserting ``December 31, 2017''.
(b) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2016.
SEC. 40305. EXTENSION OF 7-YEAR RECOVERY PERIOD FOR
MOTORSPORTS ENTERTAINMENT COMPLEXES.
(a) In General.--Section 168(i)(15)(D) is amended by
striking ``December 31, 2016'' and inserting ``December 31,
2017''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2016.
SEC. 40306. EXTENSION OF ACCELERATED DEPRECIATION FOR
BUSINESS PROPERTY ON AN INDIAN RESERVATION.
(a) In General.--Section 168(j)(9) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2016.
SEC. 40307. EXTENSION OF ELECTION TO EXPENSE MINE SAFETY
EQUIPMENT.
(a) In General.--Section 179E(g) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2016.
SEC. 40308. EXTENSION OF SPECIAL EXPENSING RULES FOR CERTAIN
PRODUCTIONS.
(a) In General.--Section 181(g) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section
shall apply to productions commencing after December 31,
2016.
SEC. 40309. EXTENSION OF DEDUCTION ALLOWABLE WITH RESPECT TO
INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION
ACTIVITIES IN PUERTO RICO.
For purposes of applying section 199(d)(8)(C) of the
Internal Revenue Code of 1986 with respect to taxable years
beginning during 2017, such section shall be applied--
(1) by substituting ``first 12 taxable years'' for ``first
11 taxable years'', and
(2) by substituting ``January 1, 2018'' for ``January 1,
2017''.
SEC. 40310. EXTENSION OF SPECIAL RULE RELATING TO QUALIFIED
TIMBER GAIN.
For purposes of applying section 1201(b) of the Internal
Revenue Code of 1986 with respect to taxable years beginning
during 2017, such section shall be applied by substituting
``2016 or 2017'' for ``2016''.
SEC. 40311. EXTENSION OF EMPOWERMENT ZONE TAX INCENTIVES.
(a) In General.--
(1) Extension.--Section 1391(d)(1)(A)(i) is amended by
striking ``December 31, 2016'' and inserting ``December 31,
2017''.
(2) Treatment of certain termination dates specified in
nominations.--In the case of a designation of an empowerment
zone the nomination for which included a termination
[[Page H1024]]
date which is contemporaneous with the date specified in
subparagraph (A)(i) of section 1391(d)(1) of the Internal
Revenue Code of 1986 (as in effect before the enactment of
this Act), subparagraph (B) of such section shall not apply
with respect to such designation if, after the date of the
enactment of this section, the entity which made such
nomination amends the nomination to provide for a new
termination date in such manner as the Secretary of the
Treasury (or the Secretary's designee) may provide.
(b) Effective Date.--The amendment made by subsection
(a)(1) shall apply to taxable years beginning after December
31, 2016.
SEC. 40312. EXTENSION OF AMERICAN SAMOA ECONOMIC DEVELOPMENT
CREDIT.
(a) In General.--Section 119 of division A of the Tax
Relief and Health Care Act of 2006 is amended--
(1) in subsection (d)--
(A) by striking ``January 1, 2017'' each place it appears
and inserting ``January 1, 2018'',
(B) by striking ``first 11 taxable years'' in paragraph (1)
and inserting ``first 12 taxable years'', and
(C) by striking ``first 5 taxable years'' in paragraph (2)
and inserting ``first 6 taxable years'', and
(2) in subsection (e), by adding at the end the following:
``References in this subsection to section 199 of the
Internal Revenue Code of 1986 shall be treated as references
to such section as in effect before its repeal.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2016.
Subtitle C--Incentives for Energy Production and Conservation
SEC. 40401. EXTENSION OF CREDIT FOR NONBUSINESS ENERGY
PROPERTY.
(a) In General.--Section 25C(g)(2) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2016.
SEC. 40402. EXTENSION AND MODIFICATION OF CREDIT FOR
RESIDENTIAL ENERGY PROPERTY.
(a) In General.--Section 25D(h) is amended by striking
``December 31, 2016'' and all that follows and inserting
``December 31, 2021.''.
(b) Phaseout.--
(1) In general.--Section 25D(a) is amended by striking
``the sum of--'' and all that follows and inserting ``the sum
of the applicable percentages of--
``(1) the qualified solar electric property expenditures,
``(2) the qualified solar water heating property
expenditures,
``(3) the qualified fuel cell property expenditures,
``(4) the qualified small wind energy property
expenditures, and
``(5) the qualified geothermal heat pump property
expenditures,
made by the taxpayer during such year.''.
(2) Conforming amendment.--Section 25D(g) is amended by
striking ``paragraphs (1) and (2) of''.
(c) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2016.
SEC. 40403. EXTENSION OF CREDIT FOR NEW QUALIFIED FUEL CELL
MOTOR VEHICLES.
(a) In General.--Section 30B(k)(1) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section
shall apply to property purchased after December 31, 2016.
SEC. 40404. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLE
REFUELING PROPERTY.
(a) In General.--Section 30C(g) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2016.
SEC. 40405. EXTENSION OF CREDIT FOR 2-WHEELED PLUG-IN
ELECTRIC VEHICLES.
(a) In General.--Section 30D(g)(3)(E)(ii) is amended by
striking ``January 1, 2017'' and inserting ``January 1,
2018''.
(b) Effective Date.--The amendment made by this section
shall apply to vehicles acquired after December 31, 2016.
SEC. 40406. EXTENSION OF SECOND GENERATION BIOFUEL PRODUCER
CREDIT.
(a) In General.--Section 40(b)(6)(J)(i) is amended by
striking ``January 1, 2017'' and inserting ``January 1,
2018''.
(b) Effective Date.--The amendment made by this section
shall apply to qualified second generation biofuel production
after December 31, 2016.
SEC. 40407. EXTENSION OF BIODIESEL AND RENEWABLE DIESEL
INCENTIVES.
(a) Income Tax Credit.--
(1) In general.--Subsection (g) of section 40A is amended
by striking ``December 31, 2016'' and inserting ``December
31, 2017''.
(2) Effective date.--The amendment made by this subsection
shall apply to fuel sold or used after December 31, 2016.
(b) Excise Tax Incentives.--
(1) In general.--Section 6426(c)(6) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(2) Payments.--Section 6427(e)(6)(B) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(3) Effective date.--The amendments made by this subsection
shall apply to fuel sold or used after December 31, 2016.
(4) Special rule for 2017.--Notwithstanding any other
provision of law, in the case of any biodiesel mixture credit
properly determined under section 6426(c) of the Internal
Revenue Code of 1986 for the period beginning on January 1,
2017, and ending on December 31, 2017, such credit shall be
allowed, and any refund or payment attributable to such
credit (including any payment under section 6427(e) of such
Code) shall be made, only in such manner as the Secretary of
the Treasury (or the Secretary's delegate) shall provide.
Such Secretary shall issue guidance within 30 days after the
date of the enactment of this Act providing for a one-time
submission of claims covering periods described in the
preceding sentence. Such guidance shall provide for a 180-day
period for the submission of such claims (in such manner as
prescribed by such Secretary) to begin not later than 30 days
after such guidance is issued. Such claims shall be paid by
such Secretary not later than 60 days after receipt. If such
Secretary has not paid pursuant to a claim filed under this
subsection within 60 days after the date of the filing of
such claim, the claim shall be paid with interest from such
date determined by using the overpayment rate and method
under section 6621 of such Code.
SEC. 40408. EXTENSION OF PRODUCTION CREDIT FOR INDIAN COAL
FACILITIES.
(a) In General.--Section 45(e)(10)(A) is amended by
striking ``11-year period'' each place it appears and
inserting ``12-year period''.
(b) Effective Date.--The amendment made by this section
shall apply to coal produced after December 31, 2016.
SEC. 40409. EXTENSION OF CREDITS WITH RESPECT TO FACILITIES
PRODUCING ENERGY FROM CERTAIN RENEWABLE
RESOURCES.
(a) In General.--The following provisions of section 45(d)
are each amended by striking ``January 1, 2017'' each place
it appears and inserting ``January 1, 2018'':
(1) Paragraph (2)(A).
(2) Paragraph (3)(A).
(3) Paragraph (4)(B).
(4) Paragraph (6).
(5) Paragraph (7).
(6) Paragraph (9).
(7) Paragraph (11)(B).
(b) Extension of Election To Treat Qualified Facilities as
Energy Property.--Section 48(a)(5)(C)(ii) is amended by
striking ``January 1, 2017'' and inserting ``January 1,
2018''.
(c) Effective Date.--The amendments made by this section
shall take effect on January 1, 2017.
SEC. 40410. EXTENSION OF CREDIT FOR ENERGY-EFFICIENT NEW
HOMES.
(a) In General.--Section 45L(g) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section
shall apply to homes acquired after December 31, 2016.
SEC. 40411. EXTENSION AND PHASEOUT OF ENERGY CREDIT.
(a) Extension of Solar and Thermal Energy Property.--
Section 48(a)(3)(A) is amended--
(1) by striking ``periods ending before January 1, 2017''
in clause (ii) and inserting ``property the construction of
which begins before January 1, 2022'', and
(2) by striking ``periods ending before January 1, 2017''
in clause (vii) and inserting ``property the construction of
which begins before January 1, 2022''.
(b) Phaseout of 30-Percent Credit Rate for Fiber-optic
Solar, Qualified Fuel Cell, and Qualified Small Wind Energy
Property.--
(1) In general.--Section 48(a) is amended by adding at the
end the following new paragraph:
``(7) Phaseout for fiber-optic solar, qualified fuel cell,
and qualified small wind energy property.--
``(A) In general.--Subject to subparagraph (B), in the case
of any qualified fuel cell property, qualified small wind
property, or energy property described in paragraph
(3)(A)(ii), the energy percentage determined under paragraph
(2) shall be equal to--
``(i) in the case of any property the construction of which
begins after December 31, 2019, and before January 1, 2021,
26 percent, and
``(ii) in the case of any property the construction of
which begins after December 31, 2020, and before January 1,
2022, 22 percent.
``(B) Placed in service deadline.--In the case of any
energy property described in subparagraph (A) which is not
placed in service before January 1, 2024, the energy
percentage determined under paragraph (2) shall be equal to 0
percent.''.
(2) Conforming amendment.--Section 48(a)(2)(A) is amended
by striking ``paragraph (6)'' and inserting ``paragraphs (6)
and (7)''.
(3) Clarification relating to phaseout for wind
facilities.--Section 48(a)(5)(E) is amended by inserting
``which is treated as energy property by reason of this
paragraph'' after ``using wind to produce electricity''.
(c) Extension of Qualified Fuel Cell Property.--Section
48(c)(1)(D) is amended by striking ``for any period after
December 31, 2016'' and inserting ``the construction of which
does not begin before January 1, 2022''.
(d) Extension of Qualified Microturbine Property.--Section
48(c)(2)(D) is amended by striking ``for any period after
December 31, 2016'' and inserting ``the construction of which
does not begin before January 1, 2022''.
(e) Extension of Combined Heat and Power System Property.--
Section 48(c)(3)(A)(iv) is amended by striking ``which is
placed in service before January 1, 2017'' and inserting
``the construction of which begins before January 1, 2022''.
(f) Extension of Qualified Small Wind Energy Property.--
Section 48(c)(4)(C) is amended by striking ``for any period
after December 31, 2016'' and inserting ``the construction of
which does not begin before January 1, 2022''.
[[Page H1025]]
(g) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
to periods after December 31, 2016, under rules similar to
the rules of section 48(m) of the Internal Revenue Code of
1986 (as in effect on the day before the date of the
enactment of the Revenue Reconciliation Act of 1990).
(2) Extension of combined heat and power system property.--
The amendment made by subsection (e) shall apply to property
placed in service after December 31, 2016.
(3) Phaseouts and terminations.--The amendments made by
subsection (b) shall take effect on the date of the enactment
of this Act.
SEC. 40412. EXTENSION OF SPECIAL ALLOWANCE FOR SECOND
GENERATION BIOFUEL PLANT PROPERTY.
(a) In General.--Section 168(l)(2)(D) is amended by
striking ``January 1, 2017'' and inserting ``January 1,
2018''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2016.
SEC. 40413. EXTENSION OF ENERGY EFFICIENT COMMERCIAL
BUILDINGS DEDUCTION.
(a) In General.--Section 179D(h) is amended by striking
``December 31, 2016'' and inserting ``December 31, 2017''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2016.
SEC. 40414. EXTENSION OF SPECIAL RULE FOR SALES OR
DISPOSITIONS TO IMPLEMENT FERC OR STATE
ELECTRIC RESTRUCTURING POLICY FOR QUALIFIED
ELECTRIC UTILITIES.
(a) In General.--Section 451(k)(3), as amended by section
13221 of Public Law 115-97, is amended by striking ``January
1, 2017'' and inserting ``January 1, 2018''.
(b) Effective Date.--The amendment made by this section
shall apply to dispositions after December 31, 2016.
SEC. 40415. EXTENSION OF EXCISE TAX CREDITS RELATING TO
ALTERNATIVE FUELS.
(a) Extension of Alternative Fuels Excise Tax Credits.--
(1) In general.--Sections 6426(d)(5) and 6426(e)(3) are
each amended by striking ``December 31, 2016'' and inserting
``December 31, 2017''.
(2) Outlay payments for alternative fuels.--Section
6427(e)(6)(C) is amended by striking ``December 31, 2016''
and inserting ``December 31, 2017''.
(3) Effective date.--The amendments made by this subsection
shall apply to fuel sold or used after December 31, 2016.
(b) Special Rule for 2017.--Notwithstanding any other
provision of law, in the case of any alternative fuel credit
properly determined under section 6426(d) of the Internal
Revenue Code of 1986 for the period beginning on January 1,
2017, and ending on December 31, 2017, such credit shall be
allowed, and any refund or payment attributable to such
credit (including any payment under section 6427(e) of such
Code) shall be made, only in such manner as the Secretary of
the Treasury (or the Secretary's delegate) shall provide.
Such Secretary shall issue guidance within 30 days after the
date of the enactment of this Act providing for a one-time
submission of claims covering periods described in the
preceding sentence. Such guidance shall provide for a 180-day
period for the submission of such claims (in such manner as
prescribed by such Secretary) to begin not later than 30 days
after such guidance is issued. Such claims shall be paid by
such Secretary not later than 60 days after receipt. If such
Secretary has not paid pursuant to a claim filed under this
subsection within 60 days after the date of the filing of
such claim, the claim shall be paid with interest from such
date determined by using the overpayment rate and method
under section 6621 of such Code.
SEC. 40416. EXTENSION OF OIL SPILL LIABILITY TRUST FUND
FINANCING RATE.
(a) In General.--Section 4611(f)(2) is amended by striking
``December 31, 2017'' and inserting ``December 31, 2018''.
(b) Effective Date.--The amendment made by this section
shall apply on and after the first day of the first calendar
month beginning after the date of the enactment of this Act.
Subtitle D--Modifications of Energy Incentives
SEC. 40501. MODIFICATIONS OF CREDIT FOR PRODUCTION FROM
ADVANCED NUCLEAR POWER FACILITIES.
(a) Treatment of Unutilized Limitation Amounts.--Section
45J(b) is amended--
(1) by inserting ``or any amendment to'' after ``enactment
of'' in paragraph (4), and
(2) by adding at the end the following new paragraph:
``(5) Allocation of unutilized limitation.--
``(A) In general.--Any unutilized national megawatt
capacity limitation shall be allocated by the Secretary under
paragraph (3) as rapidly as is practicable after December 31,
2020--
``(i) first to facilities placed in service on or before
such date to the extent that such facilities did not receive
an allocation equal to their full nameplate capacity, and
``(ii) then to facilities placed in service after such date
in the order in which such facilities are placed in service.
``(B) Unutilized national megawatt capacity limitation.--
The term `unutilized national megawatt capacity limitation'
means the excess (if any) of--
``(i) 6,000 megawatts, over
``(ii) the aggregate amount of national megawatt capacity
limitation allocated by the Secretary before January 1, 2021,
reduced by any amount of such limitation which was allocated
to a facility which was not placed in service before such
date.
``(C) Coordination with other provisions.--In the case of
any unutilized national megawatt capacity limitation
allocated by the Secretary pursuant to this paragraph--
``(i) such allocation shall be treated for purposes of this
section in the same manner as an allocation of national
megawatt capacity limitation, and
``(ii) subsection (d)(1)(B) shall not apply to any facility
which receives such allocation.''.
(b) Transfer of Credit by Certain Public Entities.--
(1) In general.--Section 45J is amended--
(A) by redesignating subsection (e) as subsection (f), and
(B) by inserting after subsection (d) the following new
subsection:
``(e) Transfer of Credit by Certain Public Entities.--
``(1) In general.--If, with respect to a credit under
subsection (a) for any taxable year--
``(A) a qualified public entity would be the taxpayer (but
for this paragraph), and
``(B) such entity elects the application of this paragraph
for such taxable year with respect to all (or any portion
specified in such election) of such credit,
the eligible project partner specified in such election, and
not the qualified public entity, shall be treated as the
taxpayer for purposes of this title with respect to such
credit (or such portion thereof).
``(2) Definitions.--For purposes of this subsection--
``(A) Qualified public entity.--The term `qualified public
entity' means--
``(i) a Federal, State, or local government entity, or any
political subdivision, agency, or instrumentality thereof,
``(ii) a mutual or cooperative electric company described
in section 501(c)(12) or 1381(a)(2), or
``(iii) a not-for-profit electric utility which had or has
received a loan or loan guarantee under the Rural
Electrification Act of 1936.
``(B) Eligible project partner.--The term `eligible project
partner' means any person who--
``(i) is responsible for, or participates in, the design or
construction of the advanced nuclear power facility to which
the credit under subsection (a) relates,
``(ii) participates in the provision of the nuclear steam
supply system to such facility,
``(iii) participates in the provision of nuclear fuel to
such facility,
``(iv) is a financial institution providing financing for
the construction or operation of such facility, or
``(v) has an ownership interest in such facility.
``(3) Special rules.--
``(A) Application to partnerships.--In the case of a credit
under subsection (a) which is determined at the partnership
level--
``(i) for purposes of paragraph (1)(A), a qualified public
entity shall be treated as the taxpayer with respect to such
entity's distributive share of such credit, and
``(ii) the term `eligible project partner' shall include
any partner of the partnership.
``(B) Taxable year in which credit taken into account.--In
the case of any credit (or portion thereof) with respect to
which an election is made under paragraph (1), such credit
shall be taken into account in the first taxable year of the
eligible project partner ending with, or after, the qualified
public entity's taxable year with respect to which the credit
was determined.
``(C) Treatment of transfer under private use rules.--For
purposes of section 141(b)(1), any benefit derived by an
eligible project partner in connection with an election under
this subsection shall not be taken into account as a private
business use.''.
(2) Special rule for proceeds of transfers for mutual or
cooperative electric companies.--Section 501(c)(12) is
amended by adding at the end the following new subparagraph:
``(I) In the case of a mutual or cooperative electric
company described in this paragraph or an organization
described in section 1381(a)(2), income received or accrued
in connection with an election under section 45J(e)(1) shall
be treated as an amount collected from members for the sole
purpose of meeting losses and expenses.''.
(c) Effective Dates.--
(1) Treatment of unutilized limitation amounts.--The
amendment made by subsection (a) shall take effect on the
date of the enactment of this Act.
(2) Transfer of credit by certain public entities.--The
amendments made by subsection (b) shall apply to taxable
years beginning after the date of the enactment of this Act.
TITLE II--MISCELLANEOUS PROVISIONS
SEC. 41101. AMENDMENT OF INTERNAL REVENUE CODE OF 1986.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Internal Revenue Code of 1986.
SEC. 41102. MODIFICATIONS TO RUM COVER OVER.
(a) Extension.--
(1) In general.--Section 7652(f)(1) is amended by striking
``January 1, 2017'' and inserting ``January 1, 2022''.
(2) Effective date.--The amendment made by this subsection
shall apply to distilled spirits brought into the United
States after December 31, 2016.
(b) Determination of Taxes on Rum.--
(1) In general.--Section 7652(e) is amended by adding at
the end the following new paragraph:
``(5) Determination of amount of taxes collected.--For
purposes of this subsection,
[[Page H1026]]
the amount of taxes collected under section 5001(a)(1) shall
be determined without regard to section 5001(c).''.
(2) Effective date.--The amendment made by this subsection
shall apply to distilled spirits brought into the United
States after December 31, 2017.
SEC. 41103. EXTENSION OF WAIVER OF LIMITATIONS WITH RESPECT
TO EXCLUDING FROM GROSS INCOME AMOUNTS RECEIVED
BY WRONGFULLY INCARCERATED INDIVIDUALS.
(a) In General.--Section 304(d) of the Protecting Americans
from Tax Hikes Act of 2015 (26 U.S.C. 139F note) is amended
by striking ``1-year'' and inserting ``3-year''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.
SEC. 41104. INDIVIDUALS HELD HARMLESS ON IMPROPER LEVY ON
RETIREMENT PLANS.
(a) In General.--Section 6343 is amended by adding at the
end the following new subsection:
``(f) Individuals Held Harmless on Wrongful Levy, etc. on
Retirement Plan.--
``(1) In general.--If the Secretary determines that an
individual's account or benefit under an eligible retirement
plan (as defined in section 402(c)(8)(B)) has been levied
upon in a case to which subsection (b) or (d)(2)(A) applies
and property or an amount of money is returned to the
individual--
``(A) the individual may contribute such property or an
amount equal to the sum of--
``(i) the amount of money so returned by the Secretary, and
``(ii) interest paid under subsection (c) on such amount of
money,
into such eligible retirement plan if such contribution is
permitted by the plan, or into an individual retirement plan
(other than an endowment contract) to which a rollover
contribution of a distribution from such eligible retirement
plan is permitted, but only if such contribution is made not
later than the due date (not including extensions) for filing
the return of tax for the taxable year in which such property
or amount of money is returned, and
``(B) the Secretary shall, at the time such property or
amount of money is returned, notify such individual that a
contribution described in subparagraph (A) may be made.
``(2) Treatment as rollover.--The distribution on account
of the levy and any contribution under paragraph (1) with
respect to the return of such distribution shall be treated
for purposes of this title as if such distribution and
contribution were described in section 402(c), 402A(c)(3),
403(a)(4), 403(b)(8), 408(d)(3), 408A(d)(3), or 457(e)(16),
whichever is applicable; except that--
``(A) the contribution shall be treated as having been made
for the taxable year in which the distribution on account of
the levy occurred, and the interest paid under subsection (c)
shall be treated as earnings within the plan after the
contribution and shall not be included in gross income, and
``(B) such contribution shall not be taken into account
under section 408(d)(3)(B).
``(3) Refund, etc., of income tax on levy.--
``(A) In general.--If any amount is includible in gross
income for a taxable year by reason of a distribution on
account of a levy referred to in paragraph (1) and any
portion of such amount is treated as a rollover contribution
under paragraph (2), any tax imposed by chapter 1 on such
portion shall not be assessed, and if assessed shall be
abated, and if collected shall be credited or refunded as an
overpayment made on the due date for filing the return of tax
for such taxable year.
``(B) Exception.--Subparagraph (A) shall not apply to a
rollover contribution under this subsection which is made
from an eligible retirement plan which is not a Roth IRA or a
designated Roth account (within the meaning of section 402A)
to a Roth IRA or a designated Roth account under an eligible
retirement plan.
``(4) Interest.--Notwithstanding subsection (d), interest
shall be allowed under subsection (c) in a case in which the
Secretary makes a determination described in subsection
(d)(2)(A) with respect to a levy upon an individual
retirement plan.
``(5) Treatment of inherited accounts.--For purposes of
paragraph (1)(A), section 408(d)(3)(C) shall be disregarded
in determining whether an individual retirement plan is a
plan to which a rollover contribution of a distribution from
the plan levied upon is permitted.''.
(b) Effective Date.--The amendment made by this section
shall apply to amounts paid under subsections (b), (c), and
(d)(2)(A) of section 6343 of the Internal Revenue Code of
1986 in taxable years beginning after December 31, 2017.
SEC. 41105. MODIFICATION OF USER FEE REQUIREMENTS FOR
INSTALLMENT AGREEMENTS.
(a) In General.--Section 6159 is amended by redesignating
subsection (f) as subsection (g) and by inserting after
subsection (e) the following new subsection:
``(f) Installment Agreement Fees.--
``(1) Limitation on fee amount.--The amount of any fee
imposed on an installment agreement under this section may
not exceed the amount of such fee as in effect on the date of
the enactment of this subsection.
``(2) Waiver or reimbursement.--In the case of any taxpayer
with an adjusted gross income, as determined for the most
recent year for which such information is available, which
does not exceed 250 percent of the applicable poverty level
(as determined by the Secretary)--
``(A) if the taxpayer has agreed to make payments under the
installment agreement by electronic payment through a debit
instrument, no fee shall be imposed on an installment
agreement under this section, and
``(B) if the taxpayer is unable to make payments under the
installment agreement by electronic payment through a debit
instrument, the Secretary shall, upon completion of the
installment agreement, pay the taxpayer an amount equal to
any such fees imposed.''.
(b) Effective Date.--The amendments made by this section
shall apply to agreements entered into on or after the date
which is 60 days after the date of the enactment of this Act.
SEC. 41106. FORM 1040SR FOR SENIORS.
(a) In General.--The Secretary of the Treasury (or the
Secretary's delegate) shall make available a form, to be
known as ``Form 1040SR'', for use by individuals to file the
return of tax imposed by chapter 1 of the Internal Revenue
Code of 1986. Such form shall be as similar as practicable to
Form 1040EZ, except that--
(1) the form shall be available only to individuals who
have attained age 65 as of the close of the taxable year,
(2) the form may be used even if income for the taxable
year includes--
(A) social security benefits (as defined in section 86(d)
of the Internal Revenue Code of 1986),
(B) distributions from qualified retirement plans (as
defined in section 4974(c) of such Code), annuities or other
such deferred payment arrangements,
(C) interest and dividends, or
(D) capital gains and losses taken into account in
determining adjusted net capital gain (as defined in section
1(h)(3) of such Code), and
(3) the form shall be available without regard to the
amount of any item of taxable income or the total amount of
taxable income for the taxable year.
(b) Effective Date.--The form required by subsection (a)
shall be made available for taxable years beginning after the
date of the enactment of this Act.
SEC. 41107. ATTORNEYS FEES RELATING TO AWARDS TO
WHISTLEBLOWERS.
(a) In General.--Paragraph (21) of section 62(a) is amended
to read as follows:
``(21) Attorneys' fees relating to awards to
whistleblowers.--
``(A) In general.--Any deduction allowable under this
chapter for attorney fees and court costs paid by, or on
behalf of, the taxpayer in connection with any award under--
``(i) section 7623(b), or
``(ii) in the case of taxable years beginning after
December 31, 2017, any action brought under--
``(I) section 21F of the Securities Exchange Act of 1934
(15 U.S.C. 78u-6),
``(II) a State 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.
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.--
[[Page H1027]]
``(1) In general.--Subsection (a) shall not apply with
respect to the holdings of a private foundation in any
business enterprise which meets the requirements of
paragraphs (2), (3), and (4) for the taxable year.
``(2) Ownership.--The requirements of this paragraph are
met if--
``(A) 100 percent of the voting stock in the business
enterprise is held by the private foundation at all times
during the taxable year, and
``(B) all the private foundation's ownership interests in
the business enterprise were acquired by means other than by
purchase.
``(3) All profits to charity.--
``(A) In general.--The requirements of this paragraph are
met if the business enterprise, not later than 120 days after
the close of the taxable year, distributes an amount equal to
its net operating income for such taxable year to the private
foundation.
``(B) Net operating income.--For purposes of this
paragraph, the net operating income of any business
enterprise for any taxable year is an amount equal to the
gross income of the business enterprise for the taxable year,
reduced by the sum of--
``(i) the deductions allowed by chapter 1 for the taxable
year which are directly connected with the production of such
income,
``(ii) the tax imposed by chapter 1 on the business
enterprise for the taxable year, and
``(iii) an amount for a reasonable reserve for working
capital and other business needs of the business enterprise.
``(4) Independent operation.--The requirements of this
paragraph are met if, at all times during the taxable year--
``(A) no substantial contributor (as defined in section
4958(c)(3)(C)) to the private foundation or family member (as
determined under section 4958(f)(4)) of such a contributor is
a director, officer, trustee, manager, employee, or
contractor of the business enterprise (or an individual
having powers or responsibilities similar to any of the
foregoing),
``(B) at least a majority of the board of directors of the
private foundation are persons who are not--
``(i) directors or officers of the business enterprise, or
``(ii) family members (as so determined) of a substantial
contributor (as so defined) to the private foundation, and
``(C) there is no loan outstanding from the business
enterprise to a substantial contributor (as so defined) to
the private foundation or to any family member of such a
contributor (as so determined).
``(5) Certain deemed private foundations excluded.--This
subsection shall not apply to--
``(A) any fund or organization treated as a private
foundation for purposes of this section by reason of
subsection (e) or (f),
``(B) any trust described in section 4947(a)(1) (relating
to charitable trusts), and
``(C) any trust described in section 4947(a)(2) (relating
to split-interest trusts).''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2017.
SEC. 41111. RULE OF CONSTRUCTION FOR CRAFT BEVERAGE
MODERNIZATION AND TAX REFORM.
(a) In General.--Subpart A of part IX of subtitle C of
title I of Public Law 115-97 is amended by adding at the end
the following new section:
``SEC. 13809. RULE OF CONSTRUCTION.
``Nothing in this subpart, the amendments made by this
subpart, or any regulation promulgated under this subpart or
the amendments made by this subpart, shall be construed to
preempt, supersede, or otherwise limit or restrict any State,
local, or tribal law that prohibits or regulates the
production or sale of distilled spirits, wine, or malt
beverages.''.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in Public Law 115-97.
SEC. 41112. SIMPLIFICATION OF RULES REGARDING RECORDS,
STATEMENTS, AND RETURNS.
(a) In General.--Subsection (a) of section 5555 is amended
by adding at the end the following: ``For calendar quarters
beginning after the date of the enactment of this sentence,
and before January 1, 2020, the Secretary shall permit a
person to employ a unified system for any records,
statements, and returns required to be kept, rendered, or
made under this section for any beer produced in the brewery
for which the tax imposed by section 5051 has been
determined, including any beer which has been removed for
consumption on the premises of the brewery.''.
(b) Effective Date.--The amendment made by this section
shall apply to calendar quarters beginning after the date of
the enactment of this Act.
SEC. 41113. MODIFICATION OF RULES GOVERNING HARDSHIP
DISTRIBUTIONS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of the Treasury
shall modify Treasury Regulation section 1.401(k)-
1(d)(3)(iv)(E) to--
(1) delete the 6-month prohibition on contributions imposed
by paragraph (2) thereof, and
(2) make any other modifications necessary to carry out the
purposes of section 401(k)(2)(B)(i)(IV) of the Internal
Revenue Code of 1986.
(b) Effective Date.--The revised regulations under this
section shall apply to plan years beginning after December
31, 2018.
SEC. 41114. MODIFICATION OF RULES RELATING TO HARDSHIP
WITHDRAWALS FROM CASH OR DEFERRED ARRANGEMENTS.
(a) In General.--Section 401(k) is amended by adding at the
end the following:
``(14) Special rules relating to hardship withdrawals.--For
purposes of paragraph (2)(B)(i)(IV)--
``(A) Amounts which may be withdrawn.--The following
amounts may be distributed upon hardship of the employee:
``(i) Contributions to a profit-sharing or stock bonus plan
to which section 402(e)(3) applies.
``(ii) Qualified nonelective contributions (as defined in
subsection (m)(4)(C)).
``(iii) Qualified matching contributions described in
paragraph (3)(D)(ii)(I).
``(iv) Earnings on any contributions described in clause
(i), (ii), or (iii).
``(B) No requirement to take available loan.--A
distribution shall not be treated as failing to be made upon
the hardship of an employee solely because the employee does
not take any available loan under the plan.''.
(b) Conforming Amendment.--Section 401(k)(2)(B)(i)(IV) is
amended to read as follows:
``(IV) subject to the provisions of paragraph (14), upon
hardship of the employee, or''.
(c) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2018.
SEC. 41115. OPPORTUNITY ZONES RULE FOR PUERTO RICO.
(a) In General.--Subsection (b) of section 1400Z-1 is
amended by adding at the end the following new paragraph:
``(3) Special rule for puerto rico.--Each population census
tract in Puerto Rico that is a low- income community shall be
deemed to be certified and designated as a qualified
opportunity zone, effective on the date of the enactment of
Public Law 115-97.''.
(b) Conforming Amendment.--Section 1400Z-1(d)(1) is amended
by inserting ``and subsection (b)(3)'' after ``paragraph
(2)''.
SEC. 41116. TAX HOME OF CERTAIN CITIZENS OR RESIDENTS OF THE
UNITED STATES LIVING ABROAD.
(a) In General.--Paragraph (3) of section 911(d) is amended
by inserting before the period at the end of the second
sentence the following: ``, unless such individual is serving
in an area designated by the President of the United States
by Executive order as a combat zone for purposes of section
112 in support of the Armed Forces of the United States''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2017.
SEC. 41117. TREATMENT OF FOREIGN PERSONS FOR RETURNS RELATING
TO PAYMENTS MADE IN SETTLEMENT OF PAYMENT CARD
AND THIRD PARTY NETWORK TRANSACTIONS.
(a) In General.--Section 6050W(d)(1)(B) is amended by
adding at the end the following: ``Notwithstanding the
preceding sentence, a person with only a foreign address
shall not be treated as a participating payee with respect to
any payment settlement entity solely because such person
receives payments from such payment settlement entity in
dollars.''.
(b) Effective Date.--The amendment made by this section
shall apply to returns for calendar years beginning after
December 31, 2017.
SEC. 41118. REPEAL OF SHIFT IN TIME OF PAYMENT OF CORPORATE
ESTIMATED TAXES.
The Trade Preferences Extension Act of 2015 is amended by
striking section 803 (relating to time for payment of
corporate estimated taxes).
SEC. 41119. ENHANCEMENT OF CARBON DIOXIDE SEQUESTRATION
CREDIT.
(a) In General.--Section 45Q is amended to read as follows:
``SEC. 45Q. CREDIT FOR CARBON OXIDE SEQUESTRATION.
``(a) General Rule.--For purposes of section 38, the carbon
oxide sequestration credit for any taxable year is an amount
equal to the sum of--
``(1) $20 per metric ton of qualified carbon oxide which
is--
``(A) captured by the taxpayer using carbon capture
equipment which is originally placed in service at a
qualified facility before the date of the enactment of the
Bipartisan Budget Act of 2018, and
``(B) disposed of by the taxpayer in secure geological
storage and not used by the taxpayer as described in
paragraph (2)(B),
``(2) $10 per metric ton of qualified carbon oxide which
is--
``(A) captured by the taxpayer using carbon capture
equipment which is originally placed in service at a
qualified facility before the date of the enactment of the
Bipartisan Budget Act of 2018, and
``(B)(i) used by the taxpayer as a tertiary injectant in a
qualified enhanced oil or natural gas recovery project and
disposed of by the taxpayer in secure geological storage, or
``(ii) utilized by the taxpayer in a manner described in
subsection (f)(5),
``(3) the applicable dollar amount (as determined under
subsection (b)(1)) per metric ton of qualified carbon oxide
which is--
``(A) captured by the taxpayer using carbon capture
equipment which is originally placed in service at a
qualified facility on or after the date of the enactment of
the Bipartisan Budget Act of 2018, during the 12-year period
beginning on the date the equipment was originally placed in
service, and
``(B) disposed of by the taxpayer in secure geological
storage and not used by the taxpayer as described in
paragraph (4)(B), and
``(4) the applicable dollar amount (as determined under
subsection (b)(1)) per metric ton of qualified carbon oxide
which is--
``(A) captured by the taxpayer using carbon capture
equipment which is originally placed in service at a
qualified facility on or after the date of the enactment of
the Bipartisan Budget Act of 2018, during the 12-year period
beginning on the date the equipment was originally placed in
service, and
``(B)(i) used by the taxpayer as a tertiary injectant in a
qualified enhanced oil or natural gas recovery project and
disposed of by the taxpayer in secure geological storage, or
[[Page H1028]]
``(ii) utilized by the taxpayer in a manner described in
subsection (f)(5).
``(b) Applicable Dollar Amount; Additional Equipment;
Election.--
``(1) Applicable dollar amount.--
``(A) In general.--The applicable dollar amount shall be an
amount equal to--
``(i) for any taxable year beginning in a calendar year
after 2016 and before 2027--
``(I) for purposes of paragraph (3) of subsection (a), the
dollar amount established by linear interpolation between
$22.66 and $50 for each calendar year during such period, and
``(II) for purposes of paragraph (4) of such subsection,
the dollar amount established by linear interpolation between
$12.83 and $35 for each calendar year during such period, and
``(ii) for any taxable year beginning in a calendar year
after 2026--
``(I) for purposes of paragraph (3) of subsection (a), an
amount equal to the product of $50 and the inflation
adjustment factor for such calendar year determined under
section 43(b)(3)(B) for such calendar year, determined by
substituting `2025' for `1990', and
``(II) for purposes of paragraph (4) of such subsection, an
amount equal to the product of $35 and the inflation
adjustment factor for such calendar year determined under
section 43(b)(3)(B) for such calendar year, determined by
substituting `2025' for `1990'.
``(B) Rounding.--The applicable dollar amount determined
under subparagraph (A) shall be rounded to the nearest cent.
``(2) Installation of additional carbon capture equipment
on existing qualified facility.--In the case of a qualified
facility placed in service before the date of the enactment
of the Bipartisan Budget Act of 2018, for which additional
carbon capture equipment is placed in service on or after the
date of the enactment of such Act, the amount of qualified
carbon oxide which is captured by the taxpayer shall be equal
to--
``(A) for purposes of paragraphs (1)(A) and (2)(A) of
subsection (a), the lesser of--
``(i) the total amount of qualified carbon oxide captured
at such facility for the taxable year, or
``(ii) the total amount of the carbon dioxide capture
capacity of the carbon capture equipment in service at such
facility on the day before the date of the enactment of the
Bipartisan Budget Act of 2018, and
``(B) for purposes of paragraphs (3)(A) and (4)(A) of such
subsection, an amount (not less than zero) equal to the
excess of--
``(i) the amount described in clause (i) of subparagraph
(A), over
``(ii) the amount described in clause (ii) of such
subparagraph.
``(3) Election.--For purposes of determining the carbon
oxide sequestration credit under this section, a taxpayer may
elect to have the dollar amounts applicable under paragraph
(1) or (2) of subsection (a) apply in lieu of the dollar
amounts applicable under paragraph (3) or (4) of such
subsection for each metric ton of qualified carbon oxide
which is captured by the taxpayer using carbon capture
equipment which is originally placed in service at a
qualified facility on or after the date of the enactment of
the Bipartisan Budget Act of 2018.
``(c) Qualified Carbon Oxide.--For purposes of this
section--
``(1) In general.--The term `qualified carbon oxide'
means--
``(A) any carbon dioxide which--
``(i) is captured from an industrial source by carbon
capture equipment which is originally placed in service
before the date of the enactment of the Bipartisan Budget Act
of 2018,
``(ii) would otherwise be released into the atmosphere as
industrial emission of greenhouse gas or lead to such
release, and
``(iii) is measured at the source of capture and verified
at the point of disposal, injection, or utilization,
``(B) any carbon dioxide or other carbon oxide which--
``(i) is captured from an industrial source by carbon
capture equipment which is originally placed in service on or
after the date of the enactment of the Bipartisan Budget Act
of 2018,
``(ii) would otherwise be released into the atmosphere as
industrial emission of greenhouse gas or lead to such
release, and
``(iii) is measured at the source of capture and verified
at the point of disposal, injection, or utilization, or
``(C) in the case of a direct air capture facility, any
carbon dioxide which--
``(i) is captured directly from the ambient air, and
``(ii) is measured at the source of capture and verified at
the point of disposal, injection, or utilization.
``(2) Recycled carbon oxide.--The term `qualified carbon
oxide' includes the initial deposit of captured carbon oxide
used as a tertiary injectant. Such term does not include
carbon oxide that is recaptured, recycled, and re-injected as
part of the enhanced oil and natural gas recovery process.
``(d) Qualified Facility.--For purposes of this section,
the term `qualified facility' means any industrial facility
or direct air capture facility--
``(1) the construction of which begins before January 1,
2024, and--
``(A) construction of carbon capture equipment begins
before such date, or
``(B) the original planning and design for such facility
includes installation of carbon capture equipment, and
``(2) which captures--
``(A) in the case of a facility which emits not more than
500,000 metric tons of carbon oxide into the atmosphere
during the taxable year, not less than 25,000 metric tons of
qualified carbon oxide during the taxable year which is
utilized in a manner described in subsection (f)(5),
``(B) in the case of an electricity generating facility
which is not described in subparagraph (A), not less than
500,000 metric tons of qualified carbon oxide during the
taxable year, or
``(C) in the case of a direct air capture facility or any
facility not described in subparagraph (A) or (B), not less
than 100,000 metric tons of qualified carbon oxide during the
taxable year.
``(e) Definitions.--For purposes of this section--
``(1) Direct air capture facility.--
``(A) In general.--Subject to subparagraph (B), the term
`direct air capture facility' means any facility which uses
carbon capture equipment to capture carbon dioxide directly
from the ambient air.
``(B) Exception.--The term `direct air capture facility'
shall not include any facility which captures carbon
dioxide--
``(i) which is deliberately released from naturally
occurring subsurface springs, or
``(ii) using natural photosynthesis.
``(2) Qualified enhanced oil or natural gas recovery
project.--The term `qualified enhanced oil or natural gas
recovery project' has the meaning given the term `qualified
enhanced oil recovery project' by section 43(c)(2), by
substituting `crude oil or natural gas' for `crude oil' in
subparagraph (A)(i) thereof.
``(3) Tertiary injectant.--The term `tertiary injectant'
has the same meaning as when used within section 193(b)(1).
``(f) Special Rules.--
``(1) Only qualified carbon oxide captured and disposed of
or used within the united states taken into account.--The
credit under this section shall apply only with respect to
qualified carbon oxide the capture and disposal, use, or
utilization of which is within--
``(A) the United States (within the meaning of section
638(1)), or
``(B) a possession of the United States (within the meaning
of section 638(2)).
``(2) Secure geological storage.--The Secretary, in
consultation with the Administrator of the Environmental
Protection Agency, the Secretary of Energy, and the Secretary
of the Interior, shall establish regulations for determining
adequate security measures for the geological storage of
qualified carbon oxide under subsection (a) such that the
qualified carbon oxide does not escape into the atmosphere.
Such term shall include storage at deep saline formations,
oil and gas reservoirs, and unminable coal seams under such
conditions as the Secretary may determine under such
regulations.
``(3) Credit attributable to taxpayer.--
``(A) In general.--Except as provided in subparagraph (B)
or in any regulations prescribed by the Secretary, any credit
under this section shall be attributable to--
``(i) in the case of qualified carbon oxide captured using
carbon capture equipment which is originally placed in
service at a qualified facility before the date of the
enactment of the Bipartisan Budget Act of 2018, the person
that captures and physically or contractually ensures the
disposal, utilization, or use as a tertiary injectant of such
qualified carbon oxide, and
``(ii) in the case of qualified carbon oxide captured using
carbon capture equipment which is originally placed in
service at a qualified facility on or after the date of the
enactment of the Bipartisan Budget Act of 2018, the person
that owns the carbon capture equipment and physically or
contractually ensures the capture and disposal, utilization,
or use as a tertiary injectant of such qualified carbon
oxide.
``(B) Election.--If the person described in subparagraph
(A) makes an election under this subparagraph in such time
and manner as the Secretary may prescribe by regulations, the
credit under this section--
``(i) shall be allowable to the person that disposes of the
qualified carbon oxide, utilizes the qualified carbon oxide,
or uses the qualified carbon oxide as a tertiary injectant,
and
``(ii) shall not be allowable to the person described in
subparagraph (A).
``(4) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any qualified carbon
oxide which ceases to be captured, disposed of, or used as a
tertiary injectant in a manner consistent with the
requirements of this section.
``(5) Utilization of qualified carbon oxide.--
``(A) In general.--For purposes of this section,
utilization of qualified carbon oxide means--
``(i) the fixation of such qualified carbon oxide through
photosynthesis or chemosynthesis, such as through the growing
of algae or bacteria,
``(ii) the chemical conversion of such qualified carbon
oxide to a material or chemical compound in which such
qualified carbon oxide is securely stored, or
``(iii) the use of such qualified carbon oxide for any
other purpose for which a commercial market exists (with the
exception of use as a tertiary injectant in a qualified
enhanced oil or natural gas recovery project), as determined
by the Secretary.
``(B) Measurement.--
``(i) In general.--For purposes of determining the amount
of qualified carbon oxide utilized by the taxpayer under
paragraph (2)(B)(ii) or (4)(B)(ii) of subsection (a), such
amount shall be equal to the metric tons of qualified carbon
oxide which the taxpayer demonstrates, based upon an analysis
of lifecycle greenhouse gas emissions and subject to such
requirements as the Secretary, in consultation with the
Secretary of Energy and the Administrator of the
Environmental Protection Agency, determines appropriate,
were--
``(I) captured and permanently isolated from the
atmosphere, or
``(II) displaced from being emitted into the atmosphere,
through use of a process described in subparagraph (A).
[[Page H1029]]
``(ii) Lifecycle greenhouse gas emissions.--For purposes of
clause (i), the term `lifecycle greenhouse gas emissions' has
the same meaning given such term under subparagraph (H) of
section 211(o)(1) of the Clean Air Act (42 U.S.C.
7545(o)(1)), as in effect on the date of the enactment of the
Bipartisan Budget Act of 2018, except that `product' shall be
substituted for `fuel' each place it appears in such
subparagraph.
``(6) Election for applicable facilities.--
``(A) In general.--For purposes of this section, in the
case of an applicable facility, for any taxable year in which
such facility captures not less than 500,000 metric tons of
qualified carbon oxide during the taxable year, the person
described in paragraph (3)(A)(ii) may elect to have such
facility, and any carbon capture equipment placed in service
at such facility, deemed as having been placed in service on
the date of the enactment of the Bipartisan Budget Act of
2018.
``(B) Applicable facility.--For purposes of this paragraph,
the term `applicable facility' means a qualified facility--
``(i) which was placed in service before the date of the
enactment of the Bipartisan Budget Act of 2018, and
``(ii) for which no taxpayer claimed a credit under this
section in regards to such facility for any taxable year
ending before the date of the enactment of such Act.
``(7) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2009, there shall be
substituted for each dollar amount contained in paragraphs
(1) and (2) of subsection (a) an amount equal to the product
of--
``(A) such dollar amount, multiplied by
``(B) the inflation adjustment factor for such calendar
year determined under section 43(b)(3)(B) for such calendar
year, determined by substituting `2008' for `1990'.
``(g) Application of Section for Certain Carbon Capture
Equipment.--In the case of any carbon capture equipment
placed in service before the date of the enactment of the
Bipartisan Budget Act of 2018, the credit under this section
shall apply with respect to qualified carbon oxide captured
using such equipment before the end of the calendar year in
which the Secretary, in consultation with the Administrator
of the Environmental Protection Agency, certifies that,
during the period beginning after October 3, 2008, a total of
75,000,000 metric tons of qualified carbon oxide have been
taken into account in accordance with--
``(1) subsection (a) of this section, as in effect on the
day before the date of the enactment of the Bipartisan Budget
Act of 2018, and
``(2) paragraphs (1) and (2) of subsection (a) of this
section.
``(h) Regulations.--The Secretary may prescribe such
regulations and other guidance as may be necessary or
appropriate to carry out this section, including regulations
or other guidance to--
``(1) ensure proper allocation under subsection (a) for
qualified carbon oxide captured by a taxpayer during the
taxable year ending after the date of the enactment of the
Bipartisan Budget Act of 2018, and
``(2) determine whether a facility satisfies the
requirements under subsection (d)(1) during such taxable
year.''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2017.
DIVISION E--HEALTH AND HUMAN SERVICES EXTENDERS
SEC. 50100. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Advancing Chronic Care, Extenders, and Social Services
(ACCESS) Act''
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION E--HEALTH AND HUMAN SERVICES EXTENDERS
Sec. 50100. Short title; table of contents.
TITLE I--CHIP
Sec. 50101. Funding extension of the Children's Health Insurance
Program through fiscal year 2027.
Sec. 50102. Extension of pediatric quality measures program.
Sec. 50103. Extension of outreach and enrollment program.
TITLE II--MEDICARE EXTENDERS
Sec. 50201. Extension of work GPCI floor.
Sec. 50202. Repeal of Medicare payment cap for therapy services;
limitation to ensure appropriate therapy.
Sec. 50203. Medicare ambulance services.
Sec. 50204. Extension of increased inpatient hospital payment
adjustment for certain low-volume hospitals.
Sec. 50205. Extension of the Medicare-dependent hospital (MDH) program.
Sec. 50206. Extension of funding for quality measure endorsement,
input, and selection; reporting requirements.
Sec. 50207. Extension of funding outreach and assistance for low-income
programs; State health insurance assistance program
reporting requirements.
Sec. 50208. Extension of home health rural add-on.
TITLE III--CREATING HIGH-QUALITY RESULTS AND OUTCOMES NECESSARY TO
IMPROVE CHRONIC (CHRONIC) CARE
Subtitle A--Receiving High Quality Care in the Home
Sec. 50301. Extending the Independence at Home Demonstration Program.
Sec. 50302. Expanding access to home dialysis therapy.
Subtitle B--Advancing Team-Based Care
Sec. 50311. Providing continued access to Medicare Advantage special
needs plans for vulnerable populations.
Subtitle C--Expanding Innovation and Technology
Sec. 50321. Adapting benefits to meet the needs of chronically ill
Medicare Advantage enrollees.
Sec. 50322. Expanding supplemental benefits to meet the needs of
chronically ill Medicare Advantage enrollees.
Sec. 50323. Increasing convenience for Medicare Advantage enrollees
through telehealth.
Sec. 50324. Providing accountable care organizations the ability to
expand the use of telehealth.
Sec. 50325. Expanding the use of telehealth for individuals with
stroke.
Subtitle D--Identifying the Chronically Ill Population
Sec. 50331. Providing flexibility for beneficiaries to be part of an
accountable care organization.
Subtitle E--Empowering Individuals and Caregivers in Care Delivery
Sec. 50341. Eliminating barriers to care coordination under accountable
care organizations.
Sec. 50342. GAO study and report on longitudinal comprehensive care
planning services under Medicare part B.
Subtitle F--Other Policies to Improve Care for the Chronically Ill
Sec. 50351. GAO study and report on improving medication
synchronization.
Sec. 50352. GAO study and report on impact of obesity drugs on patient
health and spending.
Sec. 50353. HHS study and report on long-term risk factors for chronic
conditions among Medicare beneficiaries.
Sec. 50354. Providing prescription drug plans with parts A and B claims
data to promote the appropriate use of medications and
improve health outcomes.
TITLE IV--PART B IMPROVEMENT ACT AND OTHER PART B ENHANCEMENTS
Subtitle A--Medicare Part B Improvement Act
Sec. 50401. Home infusion therapy services temporary transitional
payment.
Sec. 50402. Orthotist's and prosthetist's clinical notes as part of the
patient's medical record.
Sec. 50403. Independent accreditation for dialysis facilities and
assurance of high quality surveys.
Sec. 50404. Modernizing the application of the Stark rule under
Medicare.
Subtitle B--Additional Medicare Provisions
Sec. 50411. Making permanent the removal of the rental cap for durable
medical equipment under Medicare with respect to speech
generating devices.
Sec. 50412. Increased civil and criminal penalties and increased
sentences for Federal health care program fraud and
abuse.
Sec. 50413. Reducing the volume of future EHR-related significant
hardship requests.
Sec. 50414. Strengthening rules in case of competition for diabetic
testing strips.
TITLE V--OTHER HEALTH EXTENDERS
Sec. 50501. Extension for family-to-family health information centers.
Sec. 50502. Extension for sexual risk avoidance education.
Sec. 50503. Extension for personal responsibility education.
TITLE VI--CHILD AND FAMILY SERVICES AND SUPPORTS EXTENDERS
Subtitle A--Continuing the Maternal, Infant, and Early Childhood Home
Visiting Program
Sec. 50601. Continuing evidence-based home visiting program.
Sec. 50602. Continuing to demonstrate results to help families.
Sec. 50603. Reviewing statewide needs to target resources.
Sec. 50604. Improving the likelihood of success in high-risk
communities.
Sec. 50605. Option to fund evidence-based home visiting on a pay for
outcome basis.
Sec. 50606. Data exchange standards for improved interoperability.
Sec. 50607. Allocation of funds.
Subtitle B--Extension of Health Professions Workforce Demonstration
Projects
Sec. 50611. Extension of health workforce demonstration projects for
low-income individuals.
TITLE VII--FAMILY FIRST PREVENTION SERVICES ACT
Subtitle A--Investing in Prevention and Supporting Families
Sec. 50701. Short title.
Sec. 50702. Purpose.
PART I--Prevention Activities Under Title IV-E
Sec. 50711. Foster care prevention services and programs.
Sec. 50712. Foster care maintenance payments for children with parents
in a licensed residential family-based treatment facility
for substance abuse.
Sec. 50713. Title IV-E payments for evidence-based kinship navigator
programs.
[[Page H1030]]
PART II--Enhanced Support Under Title IV-B
Sec. 50721. Elimination of time limit for family reunification services
while in foster care and permitting time-limited family
reunification services when a child returns home from
foster care.
Sec. 50722. Reducing bureaucracy and unnecessary delays when placing
children in homes across State lines.
Sec. 50723. Enhancements to grants to improve well-being of families
affected by substance abuse.
PART III--Miscellaneous
Sec. 50731. Reviewing and improving licensing standards for placement
in a relative foster family home.
Sec. 50732. Development of a statewide plan to prevent child abuse and
neglect fatalities.
Sec. 50733. Modernizing the title and purpose of title IV-E.
Sec. 50734. Effective dates.
PART IV--Ensuring the Necessity of a Placement That Is Not in a Foster
Family Home
Sec. 50741. Limitation on Federal financial participation for
placements that are not in foster family homes.
Sec. 50742. Assessment and documentation of the need for placement in a
qualified residential treatment program.
Sec. 50743. Protocols to prevent inappropriate diagnoses.
Sec. 50744. Additional data and reports regarding children placed in a
setting that is not a foster family home.
Sec. 50745. Criminal records checks and checks of child abuse and
neglect registries for adults working in child-care
institutions and other group care settings.
Sec. 50746. Effective dates; application to waivers.
PART V--Continuing Support for Child and Family Services
Sec. 50751. Supporting and retaining foster families for children.
Sec. 50752. Extension of child and family services programs.
Sec. 50753. Improvements to the John H. Chafee foster care independence
program and related provisions.
PART VI--Continuing Incentives to States to Promote Adoption and Legal
Guardianship
Sec. 50761. Reauthorizing adoption and legal guardianship incentive
programs.
PART VII--Technical Corrections
Sec. 50771. Technical corrections to data exchange standards to improve
program coordination.
Sec. 50772. Technical corrections to State requirement to address the
developmental needs of young children.
PART VIII--Ensuring States Reinvest Savings Resulting From Increase in
Adoption Assistance
Sec. 50781. Delay of adoption assistance phase-in.
Sec. 50782. GAO study and report on State reinvestment of savings
resulting from increase in adoption assistance.
TITLE VIII--SUPPORTING SOCIAL IMPACT PARTNERSHIPS TO PAY FOR RESULTS
Sec. 50801. Short title.
Sec. 50802. Social impact partnerships to pay for results.
TITLE IX--PUBLIC HEALTH PROGRAMS
Sec. 50901. Extension for community health centers, the National Health
Service Corps, and teaching health centers that operate
GME programs.
Sec. 50902. Extension for special diabetes programs.
TITLE X--MISCELLANEOUS HEALTH CARE POLICIES
Sec. 51001. Home health payment reform.
Sec. 51002. Information to satisfy documentation of Medicare
eligibility for home health services.
Sec. 51003. Technical amendments to Public Law 114-10.
Sec. 51004. Expanded access to Medicare intensive cardiac
rehabilitation programs.
Sec. 51005. Extension of blended site neutral payment rate for certain
long-term care hospital discharges; temporary adjustment
to site neutral payment rates.
Sec. 51006. Recognition of attending physician assistants as attending
physicians to serve hospice patients.
Sec. 51007. Extension of enforcement instruction on supervision
requirements for outpatient therapeutic services in
critical access and small rural hospitals through 2017.
Sec. 51008. Allowing physician assistants, nurse practitioners, and
clinical nurse specialists to supervise cardiac,
intensive cardiac, and pulmonary rehabilitation programs.
Sec. 51009. Transitional payment rules for certain radiation therapy
services under the physician fee schedule.
TITLE XI--PROTECTING SENIORS' ACCESS TO MEDICARE ACT
Sec. 52001. Repeal of the Independent Payment Advisory Board.
TITLE XII--OFFSETS
Sec. 53101. Modifying reductions in Medicaid DSH allotments.
Sec. 53102. Third party liability in Medicaid and CHIP.
Sec. 53103. Treatment of lottery winnings and other lump-sum income for
purposes of income eligibility under Medicaid.
Sec. 53104. Rebate obligation with respect to line extension drugs.
Sec. 53105. Medicaid Improvement Fund.
Sec. 53106. Physician fee schedule update.
Sec. 53107. Payment for outpatient physical therapy services and
outpatient occupational therapy services furnished by a
therapy assistant.
Sec. 53108. Reduction for non-emergency ESRD ambulance transports.
Sec. 53109. Hospital transfer policy for early discharges to hospice
care.
Sec. 53110. Medicare payment update for home health services.
Sec. 53111. Medicare payment update for skilled nursing facilities.
Sec. 53112. Preventing the artificial inflation of star ratings after
the consolidation of Medicare Advantage plans offered by
the same organization.
Sec. 53113. Sunsetting exclusion of biosimilars from Medicare part D
coverage gap discount program.
Sec. 53114. Adjustments to Medicare part B and part D premium subsidies
for higher income individuals.
Sec. 53115. Medicare Improvement Fund.
Sec. 53116. Closing the Donut Hole for Seniors.
Sec. 53117. Modernizing child support enforcement fees.
Sec. 53118. Increasing efficiency of prison data reporting.
Sec. 53119. Prevention and Public Health Fund.
TITLE I--CHIP
SEC. 50101. FUNDING EXTENSION OF THE CHILDREN'S HEALTH
INSURANCE PROGRAM THROUGH FISCAL YEAR 2027.
(a) In General.--Section 2104(a) of the Social Security Act
(42 U.S.C. 1397dd(a)), as amended by section 3002(a) of the
HEALTHY KIDS Act (division C of Public Law 115-120), is
amended--
(1) in paragraph (25), by striking ``; and'' and inserting
a semicolon;
(2) in paragraph (26), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(27) for each of fiscal years 2024 through 2026, such
sums as are necessary to fund allotments to States under
subsections (c) and (m); and
``(28) for fiscal year 2027, for purposes of making two
semi-annual allotments--
``(A) $7,650,000,000 for the period beginning on October 1,
2026, and ending on March 31, 2027; and
``(B) $7,650,000,000 for the period beginning on April 1,
2027, and ending on September 30, 2027.''.
(b) Allotments.--
(1) In general.--Section 2104(m) of the Social Security Act
(42 U.S.C. 1397dd(m)), as amended by section 3002(b) of the
HEALTHY KIDS Act (division C of Public Law 115-120), is
amended--
(A) in paragraph (2)(B)--
(i) in the matter preceding clause (i), by striking
``(25)'' and inserting ``(27)'';
(ii) in clause (i), by striking ``and 2023'' and inserting
``, 2023, and 2027''; and
(iii) in clause (ii)(I), by striking ``(or, in the case of
fiscal year 2018, under paragraph (4))'' and inserting ``(or,
in the case of fiscal year 2018 or 2024, under paragraph (4)
or (10), respectively)'';
(B) in paragraph (5)--
(i) by striking ``or (10)'' and inserting ``(10), or
(11)''; and
(ii) by striking ``or 2023,'' and inserting ``2023, or
2027,'';
(C) in paragraph (7)--
(i) in subparagraph (A), by striking ``2023'' and inserting
``2027,''; and
(ii) in the matter following subparagraph (B), by striking
``or fiscal year 2022'' and inserting ``fiscal year 2022,
fiscal year 2024, or fiscal year 2026'';
(D) in paragraph (9)--
(i) by striking ``or (10)'' and inserting ``(10), or
(11)''; and
(ii) by striking ``or 2023,'' and inserting ``2023, or
2027,''; and
(E) by adding at the end the following:
``(11) For fiscal year 2027.--
``(A) First half.--Subject to paragraphs (5) and (7), from
the amount made available under subparagraph (A) of paragraph
(28) of subsection (a) for the semi-annual period described
in such subparagraph, increased by the amount of the
appropriation for such period under section 50101(b)(2) of
the Advancing Chronic Care, Extenders, and Social Services
Act, the Secretary shall compute a State allotment for each
State (including the District of Columbia and each
commonwealth and territory) for such semi-annual period in an
amount equal to the first half ratio (described in
subparagraph (D)) of the amount described in subparagraph
(C).
``(B) Second half.--Subject to paragraphs (5) and (7), from
the amount made available under subparagraph (B) of paragraph
(28) of subsection (a) for the semi-annual period described
in such subparagraph, the Secretary shall compute a State
allotment for each State (including the District of Columbia
and each commonwealth and territory) for such semi-annual
period in an amount equal to the amount made available under
such subparagraph, multiplied by the ratio of--
``(i) the amount of the allotment to such State under
subparagraph (A); to
``(ii) the total of the amount of all of the allotments
made available under such subparagraph.
``(C) Full year amount based on rebased amount.--The amount
described in this subparagraph for a State is equal to the
Federal payments to the State that are attributable to (and
countable towards) the total amount of allotments available
under this section to the
[[Page H1031]]
State in fiscal year 2026 (including payments made to the
State under subsection (n) for fiscal year 2026 as well as
amounts redistributed to the State in fiscal year 2026),
multiplied by the allotment increase factor under paragraph
(6) for fiscal year 2027.
``(D) First half ratio.--The first half ratio described in
this subparagraph is the ratio of--
``(i) the sum of--
``(I) the amount made available under subsection
(a)(28)(A); and
``(II) the amount of the appropriation for such period
under section 50101(b)(2) of the Advancing Chronic Care,
Extenders, and Social Services Act; to
``(ii) the sum of--
``(I) the amount described in clause (i); and
``(II) the amount made available under subsection
(a)(28)(B).''.
(2) One-time appropriation for fiscal year 2027.--There is
appropriated to the Secretary of Health and Human Services,
out of any money in the Treasury not otherwise appropriated,
such sums as are necessary to fund allotments to States under
subsections (c) and (m) of section 2104 of the Social
Security Act (42 U.S.C. 1397dd) for fiscal year 2027, taking
into account the full year amounts calculated for States
under paragraph (11)(C) of subsection (m) of such section (as
added by paragraph (1)) and the amounts appropriated under
subparagraphs (A) and (B) of subsection (a)(28) of such
section (as added by subsection (a)). Such amount shall
accompany the allotment made for the period beginning on
October 1, 2026, and ending on March 31, 2027, under
paragraph (28)(A) of section 2104(a) of such Act (42 U.S.C.
1397dd(a)), to remain available until expended. Such amount
shall be used to provide allotments to States under paragraph
(11) of section 2104(m) of such Act for the first 6 months of
fiscal year 2027 in the same manner as allotments are
provided under subsection (a)(28)(A) of such section 2104 and
subject to the same terms and conditions as apply to the
allotments provided from such subsection (a)(28)(A).
(c) Extension of the Child Enrollment Contingency Fund.--
Section 2104(n) of the Social Security Act (42 U.S.C.
1397dd(n)), as amended by section 3002(c) of the HEALTHY KIDS
Act (division C of Public Law 115-120), is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)(ii)--
(i) by striking ``and 2018 through 2022'' and inserting
``2018 through 2022, and 2024 through 2026''; and
(ii) by striking ``and 2023'' and inserting ``2023, and
2027''; and
(B) in subparagraph (B)--
(i) by striking ``and 2018 through 2022'' and inserting
``2018 through 2022, and 2024 through 2026''; and
(ii) by striking ``and 2023'' and inserting ``2023, and
2027''; and
(2) in paragraph (3)(A), in the matter preceding clause
(i)--
(A) by striking ``or in any of fiscal years 2018 through
2022'' and inserting ``fiscal years 2018 through 2022, or
fiscal years 2024 through 2026''; and
(B) by striking ``or 2023'' and inserting ``2023, or
2027''.
(d) Extension of Qualifying States Option.--Section
2105(g)(4) of the Social Security Act (42 U.S.C.
1397ee(g)(4)), as amended by section 3002(d) of the HEALTHY
KIDS Act (division C of Public Law 115-120), is amended--
(1) in the paragraph heading, by striking ``through 2023''
and inserting ``through 2027''; and
(2) in subparagraph (A), by striking ``2023'' and inserting
``2027''.
(e) Extension of Express Lane Eligibility Option.--Section
1902(e)(13)(I) of the Social Security Act (42 U.S.C.
1396a(e)(13)(I)), as amended by section 3002(e) of the
HEALTHY KIDS Act (division C of Public Law 115-120), is
amended by striking ``2023'' and inserting ``2027''.
(f) Assurance of Eligibility Standard for Children and
Families.--
(1) In general.--Section 2105(d)(3) of the Social Security
Act (42 U.S.C. 1397ee(d)(3)), as amended by section
3002(f)(1) of the HEALTHY KIDS Act (division C of Public Law
115-120), is amended--
(A) in the paragraph heading, by striking ``through
september 30, 2023'' and inserting ``through september 30,
2027''; and
(B) in subparagraph (A), in the matter preceding clause
(i), by striking ``2023'' each place it appears and inserting
``2027''.
(2) Conforming amendments.--Section 1902(gg)(2) of the
Social Security Act (42 U.S.C. 1396a(gg)(2)), as amended by
section 3002(f)(2) of the HEALTHY KIDS Act (division C of
Public Law 115-120), is amended--
(A) in the paragraph heading, by striking ``through
september 30, 2023'' and inserting ``through september 30,
2027''; and
(B) by striking ``2023,'' each place it appears and
inserting ``2027''.
SEC. 50102. EXTENSION OF PEDIATRIC QUALITY MEASURES PROGRAM.
(a) In General.--Section 1139A(i)(1) of the Social Security
Act (42 U.S.C. 1320b-9a(i)(1)), as amended by section 3003(b)
of the HEALTHY KIDS Act (division C of Public Law 115-120),
is amended--
(1) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) for the period of fiscal years 2024 through 2027,
$60,000,000 for the purpose of carrying out this section
(other than subsections (e), (f), and (g)).''.
(b) Making Reporting Mandatory.--Section 1139A of the
Social Security Act (42 U.S.C. 1320b-9a) is amended--
(1) in subsection (a)--
(A) in the heading for paragraph (4), by inserting ``and
mandatory reporting'' after ``reporting'';
(B) in paragraph (4)--
(i) by striking ``Not later than'' and inserting the
following:
``(A) Voluntary reporting.--Not later than''; and
(ii) by adding at the end the following:
``(B) Mandatory reporting.--Beginning with the annual State
report on fiscal year 2024 required under subsection (c)(1),
the Secretary shall require States to use the initial core
measurement set and any updates or changes to that set to
report information regarding the quality of pediatric health
care under titles XIX and XXI using the standardized format
for reporting information and procedures developed under
subparagraph (A).''; and
(C) in paragraph (6)(B), by inserting ``and, beginning with
the report required on January 1, 2025, and for each annual
report thereafter, the status of mandatory reporting by
States under titles XIX and XXI, utilizing the initial core
quality measurement set and any updates or changes to that
set'' before the semicolon; and
(2) in subsection (c)(1)(A), by inserting ``and, beginning
with the annual report on fiscal year 2024, all of the core
measures described in subsection (a) and any updates or
changes to those measures'' before the semicolon.
SEC. 50103. EXTENSION OF OUTREACH AND ENROLLMENT PROGRAM.
(a) In General.--Section 2113 of the Social Security Act
(42 U.S.C. 1397mm), as amended by section 3004(a) of the
HEALTHY KIDS Act (division C of Public Law 115-120), is
amended--
(1) in subsection (a)(1), by striking ``2023'' and
inserting ``2027''; and
(2) in subsection (g)--
(A) by striking ``and $120,000,000'' and inserting ``,
$120,000,000''; and
(B) by inserting ``, and $48,000,000 for the period of
fiscal years 2024 through 2027'' after ``2023''.
(b) Additional Reserved Funds.--Section 2113(a) of the
Social Security Act (42 U.S.C. 1397mm(a)) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) Ten percent set aside for evaluating and providing
technical assistance to grantees.--For the period of fiscal
years 2024 through 2027, an amount equal to 10 percent of
such amounts shall be used by the Secretary for the purpose
of evaluating and providing technical assistance to eligible
entities awarded grants under this section.''.
(c) Use of Reserved Funds for National Enrollment and
Retention Strategies.--Section 2113(h) of the Social Security
Act (42 U.S.C. 1397mm(h)) is amended--
(1) in paragraph (5), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) the development of materials and toolkits and the
provision of technical assistance to States regarding
enrollment and retention strategies for eligible children
under this title and title XIX; and''.
TITLE II--MEDICARE EXTENDERS
SEC. 50201. EXTENSION OF WORK GPCI FLOOR.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C.
1395w-4(e)(1)(E)) is amended by striking ``January 1, 2018''
and inserting ``January 1, 2020''.
SEC. 50202. REPEAL OF MEDICARE PAYMENT CAP FOR THERAPY
SERVICES; LIMITATION TO ENSURE APPROPRIATE
THERAPY.
Section 1833(g) of the Social Security Act (42 U.S.C.
1395l(g)) is amended--
(1) in paragraph (1)--
(A) by striking ``Subject to paragraphs (4) and (5)'' and
inserting ``(A) Subject to paragraphs (4) and (5)'';
(B) in the subparagraph (A), as inserted and designated by
subparagraph (A) of this paragraph, by adding at the end the
following new sentence: ``The preceding sentence shall not
apply to expenses incurred with respect to services furnished
after December 31, 2017.''; and
(C) by adding at the end the following new subparagraph:
``(B) With respect to services furnished during 2018 or a
subsequent year, in the case of physical therapy services of
the type described in section 1861(p), speech-language
pathology services of the type described in such section
through the application of section 1861(ll)(2), and physical
therapy services and speech-language pathology services of
such type which are furnished by a physician or as incident
to physicians' services, with respect to expenses incurred in
any calendar year, any amount that is more than the amount
specified in paragraph (2) for the year shall not be
considered as incurred expenses for purposes of subsections
(a) and (b) unless the applicable requirements of paragraph
(7) are met.'';
(2) in paragraph (3)--
(A) by striking ``Subject to paragraphs (4) and (5)'' and
inserting ``(A) Subject to paragraphs (4) and (5)'';
(B) in the subparagraph (A), as inserted and designated by
subparagraph (A) of this paragraph, by adding at the end the
following new sentence: ``The preceding sentence shall not
apply to expenses incurred with respect to services furnished
after December 31, 2017.''; and
(C) by adding at the end the following new subparagraph:.
[[Page H1032]]
``(B) With respect to services furnished during 2018 or a
subsequent year, in the case of occupational therapy services
(of the type that are described in section 1861(p) through
the operation of section 1861(g) and of such type which are
furnished by a physician or as incident to physicians'
services), with respect to expenses incurred in any calendar
year, any amount that is more than the amount specified in
paragraph (2) for the year shall not be considered as
incurred expenses for purposes of subsections (a) and (b)
unless the applicable requirements of paragraph (7) are
met.'';
(3) in paragraph (5)--
(A) by redesignating subparagraph (D) as paragraph (8) and
moving such paragraph to immediately follow paragraph (7), as
added by paragraph (4) of this section; and
(B) in subparagraph (E)(iv), by inserting ``, except as
such process is applied under paragraph (7)(B)'' before the
period at the end; and
(4) by adding at the end the following new paragraph:
``(7) For purposes of paragraphs (1)(B) and (3)(B), with
respect to services described in such paragraphs, the
requirements described in this paragraph are as follows:
``(A) Inclusion of appropriate modifier.--The claim for
such services contains an appropriate modifier (such as the
KX modifier described in paragraph (5)(B)) indicating that
such services are medically necessary as justified by
appropriate documentation in the medical record involved.
``(B) Targeted medical review for certain services above
threshold.--
``(i) In general.--In the case where expenses that would be
incurred for such services would exceed the threshold
described in clause (ii) for the year, such services shall be
subject to the process for medical review implemented under
paragraph (5)(E).
``(ii) Threshold.--The threshold under this clause for--
``(I) a year before 2028, is $3,000;
``(II) 2028, is the amount specified in subclause (I)
increased by the percentage increase in the MEI (as defined
in section 1842(i)(3)) for 2028; and
``(III) a subsequent year, is the amount specified in this
clause for the preceding year increased by the percentage
increase in the MEI (as defined in section 1842(i)(3)) for
such subsequent year;
except that if an increase under subclause (II) or (III) for
a year is not a multiple of $10, it shall be rounded to the
nearest multiple of $10.
``(iii) Application.--The threshold under clause (ii) shall
be applied separately--
``(I) for physical therapy services and speech-language
pathology services; and
``(II) for occupational therapy services.
``(iv) Funding.--For purposes of carrying out this
subparagraph, the Secretary shall provide for the transfer,
from the Federal Supplementary Medical Insurance Trust Fund
under section 1841 to the Centers for Medicare & Medicaid
Services Program Management Account, of $5,000,000 for each
fiscal year beginning with fiscal year 2018, to remain
available until expended. Such funds may not be used by a
contractor under section 1893(h) for medical reviews under
this subparagraph.''.
SEC. 50203. MEDICARE AMBULANCE SERVICES.
(a) Extension of Certain Ground Ambulance Add-on
Payments.--
(1) Ground ambulance.--Section 1834(l)(13)(A) of the Social
Security Act (42 U.S.C. 1395m(l)(13)(A)) is amended by
striking ``2018'' and inserting ``2023'' each place it
appears.
(2) Super rural ambulance.--Section 1834(l)(12)(A) of the
Social Security Act (42 U.S.C. 1395m(l)(12)(A)) is amended,
in the first sentence, by striking ``2018'' and inserting
``2023''.
(b) Requiring Ground Ambulance Providers of Services and
Suppliers to Submit Cost and Other Information.--Section
1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is
amended by adding at the end the following new paragraph:
``(17) Submission of cost and other information.--
``(A) Development of data collection system.--The Secretary
shall develop a data collection system (which may include use
of a cost survey) to collect cost, revenue, utilization, and
other information determined appropriate by the Secretary
with respect to providers of services (in this paragraph
referred to as `providers') and suppliers of ground ambulance
services. Such system shall be designed to collect
information--
``(i) needed to evaluate the extent to which reported costs
relate to payment rates under this subsection;
``(ii) on the utilization of capital equipment and
ambulance capacity, including information consistent with the
type of information described in section 1121(a); and
``(iii) on different types of ground ambulance services
furnished in different geographic locations, including rural
areas and low population density areas described in paragraph
(12).
``(B) Specification of data collection system.--
``(i) In general.--The Secretary shall--
``(I) not later than December 31, 2019, specify the data
collection system under subparagraph (A); and
``(II) identify the providers and suppliers of ground
ambulance services that would be required to submit
information under such data collection system, including the
representative sample described in clause (ii).
``(ii) Determination of representative sample.--
``(I) In general.--Not later than December 31, 2019, with
respect to the data collection for the first year under such
system, and for each subsequent year through 2024, the
Secretary shall determine a representative sample to submit
information under the data collection system.
``(II) Requirements.--The sample under subclause (I) shall
be representative of the different types of providers and
suppliers of ground ambulance services (such as those
providers and suppliers that are part of an emergency service
or part of a government organization) and the geographic
locations in which ground ambulance services are furnished
(such as urban, rural, and low population density areas).
``(III) Limitation.--The Secretary shall not include an
individual provider or supplier of ground ambulance services
in the sample under subclause (I) in 2 consecutive years, to
the extent practicable.
``(C) Reporting of cost information.--For each year, a
provider or supplier of ground ambulance services identified
by the Secretary under subparagraph (B)(i)(II) as being
required to submit information under the data collection
system with respect to a period for the year shall submit to
the Secretary information specified under the system. Such
information shall be submitted in a form and manner, and at a
time, specified by the Secretary for purposes of this
subparagraph.
``(D) Payment reduction for failure to report.--
``(i) In general.--Beginning January 1, 2022, subject to
clause (ii), a 10 percent reduction to payments under this
subsection shall be made for the applicable period (as
defined in clause (ii)) to a provider or supplier of ground
ambulance services that--
``(I) is required to submit information under the data
collection system with respect to a period under subparagraph
(C); and
``(II) does not sufficiently submit such information, as
determined by the Secretary.
``(ii) Applicable period defined.--For purposes of clause
(i), the term `applicable period' means, with respect to a
provider or supplier of ground ambulance services, a year
specified by the Secretary not more than 2 years after the
end of the period with respect to which the Secretary has
made a determination under clause (i)(II) that the provider
or supplier of ground ambulance services failed to
sufficiently submit information under the data collection
system.
``(iii) Hardship exemption.--The Secretary may exempt a
provider or supplier from the payment reduction under clause
(i) with respect to an applicable period in the event of
significant hardship, such as a natural disaster, bankruptcy,
or other similar situation that the Secretary determines
interfered with the ability of the provider or supplier of
ground ambulance services to submit such information in a
timely manner for the specified period.
``(iv) Informal review.--The Secretary shall establish a
process under which a provider or supplier of ground
ambulance services may seek an informal review of a
determination that the provider or supplier is subject to the
payment reduction under clause (i).
``(E) Ongoing data collection.--
``(i) Revision of data collection system.--The Secretary
may, as the Secretary determines appropriate and, if
available, taking into consideration the report (or reports)
under subparagraph (F), revise the data collection system
under subparagraph (A).
``(ii) Subsequent data collection.--In order to continue to
evaluate the extent to which reported costs relate to payment
rates under this subsection and for other purposes the
Secretary deems appropriate, the Secretary shall require
providers and suppliers of ground ambulance services to
submit information for years after 2024 as the Secretary
determines appropriate, but in no case less often than once
every 3 years.
``(F) Ground ambulance data collection system study.--
``(i) In general.--Not later than March 15, 2023, and as
determined necessary by the Medicare Payment Advisory
Commission thereafter, such Commission shall assess, and
submit to Congress a report on, information submitted by
providers and suppliers of ground ambulance services through
the data collection system under subparagraph (A), the
adequacy of payments for ground ambulance services under this
subsection, and geographic variations in the cost of
furnishing such services.
``(ii) Contents.--A report under clause (i) shall contain
the following:
``(I) An analysis of information submitted through the data
collection system.
``(II) An analysis of any burden on providers and suppliers
of ground ambulance services associated with the data
collection system.
``(III) A recommendation as to whether information should
continue to be submitted through such data collection system
or if such system should be revised under subparagraph
(E)(i).
``(IV) Other information determined appropriate by the
Commission.
``(G) Public availability.--The Secretary shall post
information on the results of the data collection under this
paragraph on the Internet website of the Centers for Medicare
& Medicaid Services, as determined appropriate by the
Secretary.
``(H) Implementation.--The Secretary shall implement this
paragraph through notice and comment rulemaking.
``(I) Administration.--Chapter 35 of title 44, United
States Code, shall not apply to the collection of information
required under this subsection.
``(J) Limitations on review.--There shall be no
administrative or judicial review under section 1869, section
1878, or otherwise of the data collection system or
identification of respondents under this paragraph.
``(K) Funding for implementation.--For purposes of carrying
out subparagraph (A), the Secretary shall provide for the
transfer, from the Federal Supplementary Medical Insurance
Trust Fund under section 1841, of $15,000,000 to
[[Page H1033]]
the Centers for Medicare & Medicaid Services Program
Management Account for fiscal year 2018. Amounts transferred
under this subparagraph shall remain available until
expended.''.
SEC. 50204. EXTENSION OF INCREASED INPATIENT HOSPITAL PAYMENT
ADJUSTMENT FOR CERTAIN LOW-VOLUME HOSPITALS.
(a) In General.--Section 1886(d)(12) of the Social Security
Act (42 U.S.C. 1395ww(d)(12)) is amended--
(1) in subparagraph (B), in the matter preceding clause
(i), by striking ``fiscal year 2018'' and inserting ``fiscal
year 2023'';
(2) in subparagraph (C)--
(A) in clause (i)--
(i) by striking ``through 2017'' the first place it appears
and inserting ``through 2022''; and
(ii) by striking `` and has less than 800 discharges'' and
all that follows through the period at the end and inserting
the following ``and has--
``(I) with respect to each of fiscal years 2005 through
2010, less than 800 discharges during the fiscal year;
``(II) with respect to each of fiscal years 2011 through
2018, less than 1,600 discharges of individuals entitled to,
or enrolled for, benefits under part A during the fiscal year
or portion of fiscal year;
``(III) with respect to each of fiscal years 2019 through
2022, less than 3,800 discharges during the fiscal year; and
``(IV) with respect to fiscal year 2023 and each subsequent
fiscal year, less than 800 discharges during the fiscal
year.''; and
(B) in clause (ii)--
(i) by striking ``subparagraph (B)'' and inserting
``subparagraphs (B) and (D)''; and
(ii) by inserting ``(except as provided in clause (i)(II)
and subparagraph (D)(i))'' after ``regardless''; and
(3) in subparagraph (D)--
(A) by striking ``through 2017'' and inserting ``through
2022'';
(B) by striking ``hospitals with 200 or fewer'' and
inserting the following: ``hospitals--
``(i) with respect to each of fiscal years 2011 through
2018, with 200 or fewer'';
(C) by striking the period at the end and inserting ``or
portion of fiscal year; and''; and
(D) by adding at the end the following new clause:
``(ii) with respect to each of fiscal years 2019 through
2022, with 500 or fewer discharges in the fiscal year to 0
percent for low-volume hospitals with greater than 3,800
discharges in the fiscal year.''.
(b) MedPAC Report on Extension of Increased Inpatient
Hospital Payment Adjustment for Certain Low-volume
Hospitals.--
(1) In general.--Not later than March 15, 2022, the
Medicare Payment Advisory Commission shall submit to Congress
a report on the extension of the increased inpatient hospital
payment adjustment for certain low-volume hospitals under
section 1886(d)(12) of the Social Security Act (42 U.S.C.
1395ww(d)(12)) under the provisions of, and amendments made
by, this section.
(2) Contents.--The report under paragraph (1) shall include
an evaluation of the effects of such extension on the
following:
(A) Beneficiary utilization of inpatient hospital services
under title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.).
(B) The financial status of hospitals with a low volume of
Medicare or total inpatient admissions.
(C) Program spending under such title XVIII.
(D) Other matters relevant to evaluating the effects of
such extension.
SEC. 50205. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL
(MDH) PROGRAM.
(a) In General.--Section 1886(d)(5)(G) of the Social
Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended--
(1) in clause (i), by striking ``October 1, 2017'' and
inserting ``October 1, 2022'';
(2) in clause (ii)(II), by striking ``October 1, 2017'' and
inserting ``October 1, 2022''; and
(3) in clause (iv), by striking subclause (I) and inserting
the following new subclause:
``(I) that is located in--
``(aa) a rural area; or
``(bb) a State with no rural area (as defined in paragraph
(2)(D)) and satisfies any of the criteria in subclause (I),
(II), or (III) of paragraph (8)(E)(ii),''; and
(4) by inserting after subclause (IV) the following new
flush sentences:
``Subclause (I)(bb) shall apply for purposes of payment under
clause (ii) only for discharges of a hospital occurring on or
after the effective date of a determination of medicare-
dependent small rural hospital status made by the Secretary
with respect to the hospital after the date of the enactment
of this sentence. For purposes of applying subclause (II) of
paragraph (8)(E)(ii) under subclause (I)(bb), such subclause
(II) shall be applied by inserting `as of January 1, 2018,'
after `such State' each place it appears.''.
(b) Conforming Amendments.--
(1) Extension of target amount.--Section 1886(b)(3)(D) of
the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is
amended--
(A) in the matter preceding clause (i), by striking
``October 1, 2017'' and inserting ``October 1, 2022''; and
(B) in clause (iv), by striking ``through fiscal year
2017'' and inserting ``through fiscal year 2022''.
(2) Permitting hospitals to decline reclassification.--
Section 13501(e)(2) of the Omnibus Budget Reconciliation Act
of 1993 (42 U.S.C. 1395ww note) is amended by striking
``through fiscal year 2017'' and inserting ``through fiscal
year 2022''.
(c) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
(in this subsection referred to as the ``Comptroller
General'') shall conduct a study on the medicare-dependent,
small rural hospital program under section 1886(d) of the
Social Security Act (42 U.S.C. 1395x(d)). Such study shall
include an analysis of the following:
(A) The payor mix of medicare-dependent, small rural
hospitals (as defined in paragraph (5)(G)(iv) of such section
1886(d)), how such mix will trend in future years (based on
current trends and projections), and whether or not the
requirement under subclause (IV) of such paragraph should be
revised.
(B) The characteristics of medicare-dependent, small rural
hospitals that meet the requirement of such subclause (IV)
through the application of paragraph (a)(iii)(A) or
(a)(iii)(B) of section 412.108 of title 42, Code of Federal
Regulations, including Medicare inpatient and outpatient
utilization, payor mix, and financial status (including
Medicare and total margins), and whether or not Medicare
payments for such hospitals should be revised.
(C) Such other items related to medicare-dependent, small
rural hospitals as the Comptroller General determines
appropriate.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report containing the results of the study
conducted under paragraph (1), together with recommendations
for such legislation and administrative action as the
Comptroller General determines appropriate.
SEC. 50206. EXTENSION OF FUNDING FOR QUALITY MEASURE
ENDORSEMENT, INPUT, AND SELECTION; REPORTING
REQUIREMENTS.
(a) Extension of Funding.--Section 1890(d)(2) of the Social
Security Act (42 U.S.C. 1395aaa(d)(2)) is amended--
(1) in the first sentence--
(A) by striking ``2014 and'' and inserting ``2014,''; and
(B) by inserting the following before the period: ``, and
$7,500,000 for each of fiscal years 2018 and 2019''; and
(2) by adding at the end the following new sentence:
``Amounts transferred for each of fiscal years 2018 and 2019
shall be in addition to any unobligated funds transferred for
a preceding fiscal year that are available under the
preceding sentence.''
(b) Annual Report by Secretary to Congress.--Section 1890
of the Social Security Act (42 U.S.C. 1395aaa) is amended by
adding at the end the following new subsection:
``(e) Annual Report by Secretary to Congress.--By not later
than March 1 of each year (beginning with 2019), the
Secretary shall submit to Congress a report containing the
following:
``(1) A comprehensive plan that identifies the quality
measurement needs of programs and initiatives of the
Secretary and provides a strategy for using the entity with a
contract under subsection (a) and any other entity the
Secretary has contracted with or may contract with to perform
work associated with section 1890A to help meet those needs,
specifically with respect to the programs under this title
and title XIX. In years after the first plan under this
paragraph is submitted, the requirements of this paragraph
may be met by providing an update to the plan.
``(2) The amount of funding provided under subsection (d)
for purposes of carrying out this section and section 1890A
that has been obligated by the Secretary, the amount of
funding provided that has been expended, and the amount of
funding provided that remains unobligated.
``(3) With respect to the activities described under this
section or section 1890A, a description of how the funds
described in paragraph (2) have been obligated or expended,
including how much of that funding has been obligated or
expended for work performed by the Secretary, the entity with
a contract under subsection (a), and any other entity the
Secretary has contracted with to perform work.
``(4) A description of the activities for which the funds
described in paragraph (2) were used, including task orders
and activities assigned to the entity with a contract under
subsection (a), activities performed by the Secretary, and
task orders and activities assigned to any other entity the
Secretary has contracted with to perform work related to
carrying out section 1890A.
``(5) The amount of funding described in paragraph (2) that
has been obligated or expended for each of the activities
described in paragraph (4).
``(6) Estimates for, and descriptions of, obligations and
expenditures that the Secretary anticipates will be needed in
the succeeding two year period to carry out each of the
quality measurement activities required under this section
and section 1890A, including any obligations that will
require funds to be expended in a future year.''.
(c) Revisions to Annual Report From Consensus-based Entity
to Congress and the Secretary.--
(1) In general.--Section 1890(b)(5)(A) of the Social
Security Act (42 U.S.C. 1395aaa(b)(5)(A)) is amended--
(A) by redesignating clauses (i) through (vi) as subclauses
(I) through (VI), respectively, and moving the margins
accordingly;
(B) in the matter preceding subclause (I), as redesignated
by subparagraph (A), by striking ``containing a description
of--'' and inserting ``containing the following:
``(i) A description of--''; and
(C) by adding at the end the following new clauses:
``(ii) An itemization of financial information for the
fiscal year ending September 30 of the preceding year,
including--
[[Page H1034]]
``(I) annual revenues of the entity (including any
government funding, private sector contributions, grants,
membership revenues, and investment revenue);
``(II) annual expenses of the entity (including grants
paid, benefits paid, salaries or other compensation,
fundraising expenses, and overhead costs); and
``(III) a breakdown of the amount awarded per contracted
task order and the specific projects funded in each task
order assigned to the entity.
``(iii) Any updates or modifications of internal policies
and procedures of the entity as they relate to the duties of
the entity under this section, including--
``(I) specifically identifying any modifications to the
disclosure of interests and conflicts of interests for
committees, work groups, task forces, and advisory panels of
the entity; and
``(II) information on external stakeholder participation in
the duties of the entity under this section (including
complete rosters for all committees, work groups, task
forces, and advisory panels funded through government
contracts, descriptions of relevant interests and any
conflicts of interest for members of all committees, work
groups, task forces, and advisory panels, and the total
percentage by health care sector of all convened committees,
work groups, task forces, and advisory panels.''.
(2) Effective date.--The amendments made by this subsection
shall apply to reports submitted for years beginning with
2019.
(d) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
shall conduct a study on health care quality measurement
efforts funded under sections 1890 and 1890A of the Social
Security Act (42 U.S.C. 1395aaa; 1395aaa-1). Such study shall
include an examination of the following:
(A) The extent to which the Secretary of Health and Human
Services (in this subsection referred to as the
``Secretary'') has set and prioritized objectives to be
achieved for each of the quality measurement activities
required under such sections 1890 and 1890A.
(B) The efforts that the Secretary has undertaken to meet
quality measurement objectives associated with such sections
1890 and 1890A, including division of responsibilities for
those efforts within the Department of Health and Human
Services and through contracts with a consensus-based entity
under subsection (a) of such section 1890 (in this subsection
referred to as the ``consensus-based entity'') and other
entities, and the extent of any overlap among the work
performed by the Secretary, the consensus-based entity, the
Measure Applications Partnership (MAP) convened by such
entity to provide input to the Secretary on the selection of
quality and efficiency measures, and any other entities the
Secretary has contracted with to perform work related to
carrying out such sections 1890 and 1890A.
(C) The total amount of funding provided to the Secretary
for purposes of carrying out such sections 1890 and 1890A,
the amount of such funding that has been obligated or
expended by the Secretary, and the amount of such funding
that remains unobligated.
(D) How the funds described in subparagraph (C) have been
allocated, including how much of the funding has been
allocated for work performed by the Secretary, the consensus-
based entity, and any other entity the Secretary has
contracted with to perform work related to carrying out such
sections 1890 and 1890A, respectively, and descriptions of
such work.
(E) The extent to which the Secretary has developed a
comprehensive and long-term plan to ensure that it can
achieve quality measurement objectives related to carrying
out such sections 1890 and 1890A in a timely manner and with
efficient use of available resources, including the roles of
the consensus-based entity, the Measure Applications
Partnership (MAP), and any other entity the Secretary has
contracted with to perform work related to such sections 1890
and 1890A in helping the Secretary achieve those objectives.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report containing the
results of the study conducted under paragraph (1), together
with recommendations for such legislation and administrative
action as the Comptroller General determines appropriate.
SEC. 50207. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR
LOW-INCOME PROGRAMS; STATE HEALTH INSURANCE
ASSISTANCE PROGRAM REPORTING REQUIREMENTS.
(a) Funding Extensions.--
(1) Additional funding for state health insurance
programs.--Subsection (a)(1)(B) of section 119 of the
Medicare Improvements for Patients and Providers Act of 2008
(42 U.S.C. 1395b-3 note), as amended by section 3306 of the
Patient Protection and Affordable Care Act (Public Law 111-
148), section 610 of the American Taxpayer Relief Act of 2012
(Public Law 112-240), section 1110 of the Pathway for SGR
Reform Act of 2013 (Public Law 113-67), section 110 of the
Protecting Access to Medicare Act of 2014 (Public Law 113-
93), and section 208 of the Medicare Access and CHIP
Reauthorization Act of 2015 (Public Law 114-10) is amended--
(A) in clause (vi), by striking ``and'' at the end;
(B) in clause (vii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clauses:
``(viii) for fiscal year 2018, of $13,000,000; and
``(ix) for fiscal year 2019, of $13,000,000.''.
(2) Additional funding for area agencies on aging.--
Subsection (b)(1)(B) of such section 119, as so amended, is
amended--
(A) in clause (vi), by striking ``and'' at the end;
(B) in clause (vii), by striking the period at the end and
inserting ``; and''; and
(C) by inserting after clause (vii) the following new
clauses:
``(viii) for fiscal year 2018, of $7,500,000; and
``(ix) for fiscal year 2019, of $7,500,000.''.
(3) Additional funding for aging and disability resource
centers.--Subsection (c)(1)(B) of such section 119, as so
amended, is amended--
(A) in clause (vi), by striking ``and'' at the end;
(B) in clause (vii), by striking the period at the end and
inserting ``; and''; and
(C) by inserting after clause (vii) the following new
clauses:
``(viii) for fiscal year 2018, of $5,000,000; and
``(ix) for fiscal year 2019, of $5,000,000.''.
(4) Additional funding for contract with the national
center for benefits and outreach enrollment.--Subsection
(d)(2) of such section 119, as so amended, is amended--
(A) in clause (vi), by striking ``and'' at the end;
(B) in clause (vii), by striking the period at the end and
inserting ``; and''; and
(C) by inserting after clause (vii) the following new
clauses:
``(viii) for fiscal year 2018, of $12,000,000; and
``(ix) for fiscal year 2019, of $12,000,000.''.
(b) State Health Insurance Assistance Program Reporting
Requirements.--Beginning not later than April 1, 2019, and
biennially thereafter, the Agency for Community Living shall
electronically post on its website the following information,
with respect to grants to States for State health insurance
assistance programs, (such information to be presented by
State and by entity receiving funds from the State to carry
out such a program funded by such grant):
(1) The amount of Federal funding provided to each such
State for such program for the period involved and the amount
of Federal funding provided by each such State for such
program to each such entity for the period involved.
(2) Information as the Secretary may specify, with respect
to such programs carried out through such grants, consistent
with the terms and conditions for receipt of such grants.
SEC. 50208. EXTENSION OF HOME HEALTH RURAL ADD-ON.
(a) Extension.--
(1) In general.--Section 421 of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law
108-173; 117 Stat. 2283; 42 U.S.C. 1395fff note), as amended
by section 5201(b) of the Deficit Reduction Act of 2005
(Public Law 109-171; 120 Stat. 46), section 3131(c) of the
Patient Protection and Affordable Care Act (Public Law 111-
148; 124 Stat. 428), and section 210 of the Medicare Access
and CHIP Reauthorization Act of 2015 (Public Law 114-10; 129
Stat. 151) is amended--
(A) in subsection (a), by striking ``January 1, 2018'' and
inserting ``January 1, 2019'' each place it appears;
(B) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(C) in each of subsections (c) and (d), as so redesignated,
by striking ``subsection (a)'' and inserting ``subsection (a)
or (b)''; and
(D) by inserting after subsection (a) the following new
subsection:
``(b) Subsequent Temporary Increase.--
``(1) In general.--The Secretary shall increase the payment
amount otherwise made under such section 1895 for home health
services furnished in a county (or equivalent area) in a
rural area (as defined in such section 1886(d)(2)(D)) that,
as determined by the Secretary--
``(A) is in the highest quartile of all counties (or
equivalent areas) based on the number of Medicare home health
episodes furnished per 100 individuals who are entitled to,
or enrolled for, benefits under part A of title XVIII of the
Social Security Act or enrolled for benefits under part B of
such title (but not enrolled in a plan under part C of such
title)--
``(i) in the case of episodes and visits ending during
2019, by 1.5 percent; and
``(ii) in the case of episodes and visits ending during
2020, by 0.5 percent;
``(B) has a population density of 6 individuals or fewer
per square mile of land area and is not described in
subparagraph (A)--
``(i) in the case of episodes and visits ending during
2019, by 4 percent;
``(ii) in the case of episodes and visits ending during
2020, by 3 percent;
``(iii) in the case of episodes and visits ending during
2021, by 2 percent; and
``(iv) in the case of episodes and visits ending during
2022, by 1 percent; and
``(C) is not described in either subparagraph (A) or (B)--
``(i) in the case of episodes and visits ending during
2019, by 3 percent;
``(ii) in the case of episodes and visits ending during
2020, by 2 percent; and
``(iii) in the case of episodes and visits ending during
2021, by 1 percent.
``(2) Rules for determinations.--
``(A) No switching.--For purposes of this subsection, the
determination by the Secretary as to which subparagraph of
paragraph (1) applies to a county (or equivalent area) shall
be made a single time and shall apply for the duration of the
period to which this subsection applies.
``(B) Utilization.--In determining which counties (or
equivalent areas) are in the highest quartile under paragraph
(1)(A), the following rules shall apply:
``(i) The Secretary shall use data from 2015.
``(ii) The Secretary shall exclude data from the
territories (and the territories shall not be described in
such paragraph).
``(iii) The Secretary may exclude data from counties (or
equivalent areas) in rural areas with a low volume of home
health episodes (and
[[Page H1035]]
if data is so excluded with respect to a county (or
equivalent area), such county (or equivalent area) shall not
be described in such paragraph).
``(C) Population density.--In determining population
density under paragraph (1)(B), the Secretary shall use data
from the 2010 decennial Census.
``(3) Limitations on review.--There shall be no
administrative or judicial review under section 1869, section
1878, or otherwise of determinations under paragraph (1).''.
(2) Requirement to submit county data on claim form.--
Section 1895(c) of the Social Security Act (42 U.S.C.
1395fff(c)) is amended--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) in the case of home health services furnished on or
after January 1, 2019, the claim contains the code for the
county (or equivalent area) in which the home health service
was furnished.''.
(b) HHS OIG Analysis.--Not later than January 1, 2023, the
Inspector General of the Department of Health and Human
Services shall submit to Congress--
(1) an analysis of the home health claims and utilization
of home health services by county (or equivalent area) under
the Medicare program; and
(2) recommendations the Inspector General determines
appropriate based on such analysis.
TITLE III--CREATING HIGH-QUALITY RESULTS AND OUTCOMES NECESSARY TO
IMPROVE CHRONIC (CHRONIC) CARE
Subtitle A--Receiving High Quality Care in the Home
SEC. 50301. EXTENDING THE INDEPENDENCE AT HOME DEMONSTRATION
PROGRAM.
(a) In General.--Section 1866E of the Social Security Act
(42 U.S.C. 1395cc-5) is amended--
(1) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``An agreement'' and inserting
``Agreements''; and
(ii) by striking ``5-year'' and inserting ``7-year''; and
(B) in paragraph (5)--
(i) by striking ``10,000'' and inserting ``15,000''; and
(ii) by adding at the end the following new sentence: ``An
applicable beneficiary that participates in the demonstration
program by reason of the increase from 10,000 to 15,000 in
the preceding sentence pursuant to the amendment made by
section 50301(a)(1)(B)(i) of the Advancing Chronic Care,
Extenders, and Social Services Act shall be considered in the
spending target estimates under paragraph (1) of subsection
(c) and the incentive payment calculations under paragraph
(2) of such subsection for the sixth and seventh years of
such program.'';
(2) in subsection (g), in the first sentence, by inserting
``, including, to the extent practicable, with respect to the
use of electronic health information systems, as described in
subsection (b)(1)(A)(vi)'' after ``under the demonstration
program''; and
(3) in subsection (i)(1)(A), by striking ``will not receive
an incentive payment for the second of 2'' and inserting
``did not achieve savings for the third of 3''.
(b) Effective Date.--The amendment made by subsection
(a)(3) shall take effect as if included in the enactment of
Public Law 111-148.
SEC. 50302. EXPANDING ACCESS TO HOME DIALYSIS THERAPY.
(a) In General.--Section 1881(b)(3) of the Social Security
Act (42 U.S.C. 1395rr(b)(3)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) in clause (ii), as redesignated by paragraph (1), by
striking ``on a comprehensive'' and insert ``subject to
subparagraph (B), on a comprehensive'';
(3) by striking ``With respect to'' and inserting ``(A)
With respect to''; and
(4) by adding at the end the following new subparagraph:
``(B)(i) For purposes of subparagraph (A)(ii), subject to
clause (ii), an individual determined to have end stage renal
disease receiving home dialysis may choose to receive monthly
end stage renal disease-related clinical assessments
furnished on or after January 1, 2019, via telehealth.
``(ii) Clause (i) shall apply to an individual only if the
individual receives a face-to-face clinical assessment,
without the use of telehealth--
``(I) in the case of the initial 3 months of home dialysis
of such individual, at least monthly; and
``(II) after such initial 3 months, at least once every 3
consecutive months.''.
(b) Originating Site Requirements.--
(1) In general.--Section 1834(m) of the Social Security Act
(42 U.S.C. 1395m(m)) is amended--
(A) in paragraph (4)(C)(ii), by adding at the end the
following new subclauses:
``(IX) A renal dialysis facility, but only for purposes of
section 1881(b)(3)(B).
``(X) The home of an individual, but only for purposes of
section 1881(b)(3)(B).''; and
(B) by adding at the end the following new paragraph:
``(5) Treatment of home dialysis monthly esrd-related
visit.--The geographic requirements described in paragraph
(4)(C)(i) shall not apply with respect to telehealth services
furnished on or after January 1, 2019, for purposes of
section 1881(b)(3)(B), at an originating site described in
subclause (VI), (IX), or (X) of paragraph (4)(C)(ii).''.
(2) No facility fee if originating site for home dialysis
therapy is the home.--Section 1834(m)(2)(B) of the Social
Security (42 U.S.C. 1395m(m)(2)(B)) is amended--
(A) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), and indenting appropriately;
(B) in subclause (II), as redesignated by subparagraph (A),
by striking ``clause (i) or this clause'' and inserting
``subclause (I) or this subclause'';
(C) by striking ``site.--With respect to'' and inserting
``site.--
``(i) In general.--Subject to clause (ii), with respect
to''; and
(D) by adding at the end the following new clause:
``(ii) No facility fee if originating site for home
dialysis therapy is the home.--No facility fee shall be paid
under this subparagraph to an originating site described in
paragraph (4)(C)(ii)(X).''.
(c) Clarification Regarding Telehealth Provided to
Beneficiaries.--Section 1128A(i)(6) of the Social Security
Act (42 U.S.C. 1320a-7a(i)(6)) is amended--
(1) in subparagraph (H), by striking ``or'' at the end;
(2) in subparagraph (I), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(J) the provision of telehealth technologies (as defined
by the Secretary) on or after January 1, 2019, by a provider
of services or a renal dialysis facility (as such terms are
defined for purposes of title XVIII) to an individual with
end stage renal disease who is receiving home dialysis for
which payment is being made under part B of such title, if--
``(i) the telehealth technologies are not offered as part
of any advertisement or solicitation;
``(ii) the telehealth technologies are provided for the
purpose of furnishing telehealth services related to the
individual's end stage renal disease; and
``(iii) the provision of the telehealth technologies meets
any other requirements set forth in regulations promulgated
by the Secretary.''.
(d) Conforming Amendment.--Section 1881(b)(1) of the Social
Security Act (42 U.S.C. 1395rr(b)(1)) is amended by striking
``paragraph (3)(A)'' and inserting ``paragraph (3)(A)(i)''.
Subtitle B--Advancing Team-Based Care
SEC. 50311. PROVIDING CONTINUED ACCESS TO MEDICARE ADVANTAGE
SPECIAL NEEDS PLANS FOR VULNERABLE POPULATIONS.
(a) Extension.--Section 1859(f)(1) of the Social Security
Act (42 U.S.C. 1395w-28(f)(1)) is amended by striking ``and
for periods before January 1, 2019''.
(b) Increased Integration of Dual SNPs.--
(1) In general.--Section 1859(f) of the Social Security Act
(42 U.S.C. 1395w-28(f)) is amended--
(A) in paragraph (3), by adding at the end the following
new subparagraph:
``(F) The plan meets the requirements applicable under
paragraph (8).''; and
(B) by adding at the end the following new paragraph:
``(8) Increased integration of dual snps.--
``(A) Designated contact.--The Secretary, acting through
the Federal Coordinated Health Care Office established under
section 2602 of Public Law 111-148, shall serve as a
dedicated point of contact for States to address
misalignments that arise with the integration of specialized
MA plans for special needs individuals described in
subsection (b)(6)(B)(ii) under this paragraph and, consistent
with such role, shall establish--
``(i) a uniform process for disseminating to State Medicaid
agencies information under this title impacting contracts
between such agencies and such plans under this subsection;
and
``(ii) basic resources for States interested in exploring
such plans as a platform for integration, such as a model
contract or other tools to achieve those goals.
``(B) Unified grievances and appeals process.--
``(i) In general.--Not later than April 1, 2020, the
Secretary shall establish procedures, to the extent feasible
as determined by the Secretary, unifying grievances and
appeals procedures under sections 1852(f), 1852(g),
1902(a)(3), 1902(a)(5), and 1932(b)(4) for items and services
provided by specialized MA plans for special needs
individuals described in subsection (b)(6)(B)(ii) under this
title and title XIX. With respect to items and services
described in the preceding sentence, procedures established
under this clause shall apply in place of otherwise
applicable grievances and appeals procedures. The Secretary
shall solicit comment in developing such procedures from
States, plans, beneficiaries and their representatives, and
other relevant stakeholders.
``(ii) Procedures.--The procedures established under clause
(i) shall be included in the plan contract under paragraph
(3)(D) and shall--
``(I) adopt the provisions for the enrollee that are most
protective for the enrollee and, to the extent feasible as
determined by the Secretary, are compatible with unified
timeframes and consolidated access to external review under
an integrated process;
``(II) take into account differences in State plans under
title XIX to the extent necessary;
``(III) be easily navigable by an enrollee; and
``(IV) include the elements described in clause (iii), as
applicable.
``(iii) Elements described.--Both unified appeals and
unified grievance procedures shall include, as applicable,
the following elements described in this clause:
``(I) Single written notification of all applicable
grievances and appeal rights under this title and title XIX.
For purposes of this subparagraph, the Secretary may waive
the requirements under section 1852(g)(1)(B) when the
specialized MA plan covers items or services under this part
or under title XIX.
[[Page H1036]]
``(II) Single pathways for resolution of any grievance or
appeal related to a particular item or service provided by
specialized MA plans for special needs individuals described
in subsection (b)(6)(B)(ii) under this title and title XIX.
``(III) Notices written in plain language and available in
a language and format that is accessible to the enrollee,
including in non-English languages that are prevalent in the
service area of the specialized MA plan.
``(IV) Unified timeframes for grievances and appeals
processes, such as an individual's filing of a grievance or
appeal, a plan's acknowledgment and resolution of a grievance
or appeal, and notification of decisions with respect to a
grievance or appeal.
``(V) Requirements for how the plan must process, track,
and resolve grievances and appeals, to ensure beneficiaries
are notified on a timely basis of decisions that are made
throughout the grievance or appeals process and are able to
easily determine the status of a grievance or appeal.
``(iv) Continuation of benefits pending appeal.--The
unified procedures under clause (i) shall, with respect to
all benefits under parts A and B and title XIX subject to
appeal under such procedures, incorporate provisions under
current law and implementing regulations that provide
continuation of benefits pending appeal under this title and
title XIX.
``(C) Requirement for unified grievances and appeals.--For
2021 and subsequent years, the contract of a specialized MA
plan for special needs individuals described in subsection
(b)(6)(B)(ii) with a State Medicaid agency under paragraph
(3)(D) shall require the use of unified grievances and
appeals procedures as described in subparagraph (B).
``(D) Requirements for integration.--
``(i) In general.--For 2021 and subsequent years, a
specialized MA plan for special needs individuals described
in subsection (b)(6)(B)(ii) shall meet one or more of the
following requirements, to the extent permitted under State
law, for integration of benefits under this title and title
XIX:
``(I) The specialized MA plan must meet the requirements of
contracting with the State Medicaid agency described in
paragraph (3)(D) in addition to coordinating long-term
services and supports or behavioral health services, or both,
by meeting an additional minimum set of requirements
determined by the Secretary through the Federal Coordinated
Health Care Office established under section 2602 of the
Patient Protection and Affordable Care Act based on input
from stakeholders, such as notifying the State in a timely
manner of hospitalizations, emergency room visits, and
hospital or nursing home discharges of enrollees, assigning
one primary care provider for each enrollee, or sharing data
that would benefit the coordination of items and services
under this title and the State plan under title XIX. Such
minimum set of requirements must be included in the contract
of the specialized MA plan with the State Medicaid agency
under such paragraph.
``(II) The specialized MA plan must meet the requirements
of a fully integrated plan described in section
1853(a)(1)(B)(iv)(II) (other than the requirement that the
plan have similar average levels of frailty, as determined by
the Secretary, as the PACE program), or enter into a
capitated contract with the State Medicaid agency to provide
long-term services and supports or behavioral health
services, or both.
``(III) In the case of a specialized MA plan that is
offered by a parent organization that is also the parent
organization of a Medicaid managed care organization
providing long term services and supports or behavioral
services under a contract under section 1903(m), the parent
organization must assume clinical and financial
responsibility for benefits provided under this title and
title XIX with respect to any individual who is enrolled in
both the specialized MA plan and the Medicaid managed care
organization.
``(ii) Suspension of enrollment for failure to meet
requirements during initial period.--During the period of
plan years 2021 through 2025, if the Secretary determines
that a specialized MA plan for special needs individuals
described in subsection (b)(6)(B)(ii) has failed to comply
with clause (i), the Secretary may provide for the
application against the Medicare Advantage organization
offering the plan of the remedy described in section
1857(g)(2)(B) in the same manner as the Secretary may apply
such remedy, and in accordance with the same procedures as
would apply, in the case of an MA organization determined by
the Secretary to have engaged in conduct described in section
1857(g)(1). If the Secretary applies such remedy to a
Medicare Advantage organization under the preceding sentence,
the organization shall submit to the Secretary (at a time,
and in a form and manner, specified by the Secretary)
information describing how the plan will come into compliance
with clause (i).
``(E) Study and report to congress.--
``(i) In general.--Not later than March 15, 2022, and,
subject to clause (iii), biennially thereafter through 2032,
the Medicare Payment Advisory Commission established under
section 1805, in consultation with the Medicaid and CHIP
Payment and Access Commission established under section 1900,
shall conduct (and submit to the Secretary and the Committees
on Ways and Means and Energy and Commerce of the House of
Representatives and the Committee on Finance of the Senate a
report on) a study to determine how specialized MA plans for
special needs individuals described in subsection
(b)(6)(B)(ii) perform among each other based on data from
Healthcare Effectiveness Data and Information Set (HEDIS)
quality measures, reported on the plan level, as required
under section 1852(e)(3) (or such other measures or data
sources that are available and appropriate, such as encounter
data and Consumer Assessment of Healthcare Providers and
Systems data, as specified by such Commissions as enabling an
accurate evaluation under this subparagraph). Such study
shall include, as feasible, the following comparison groups
of specialized MA plans for special needs individuals
described in subsection (b)(6)(B)(ii):
``(I) A comparison group of such plans that are described
in subparagraph (D)(i)(I).
``(II) A comparison group of such plans that are described
in subparagraph (D)(i)(II).
``(III) A comparison group of such plans operating within
the Financial Alignment Initiative demonstration for the
period for which such plan is so operating and the
demonstration is in effect, and, in the case that an
integration option that is not with respect to specialized MA
plans for special needs individuals is established after the
conclusion of the demonstration involved.
``(IV) A comparison group of such plans that are described
in subparagraph (D)(i)(III).
``(V) A comparison group of MA plans, as feasible, not
described in a previous subclause of this clause, with
respect to the performance of such plans for enrollees who
are special needs individuals described in subsection
(b)(6)(B)(ii).
``(ii) Additional reports.--Beginning with 2033 and every
five years thereafter, the Medicare Payment Advisory
Commission, in consultation with the Medicaid and CHIP
Payment and Access Commission, shall conduct a study
described in clause (i).''.
(2) Conforming amendment to responsibilities of federal
coordinated health care office.--Section 2602(d) of Public
Law 111-148 (42 U.S.C. 1315b(d)) is amended by adding at the
end the following new paragraphs:
``(6) To act as a designated contact for States under
subsection (f)(8)(A) of section 1859 of the Social Security
Act (42 U.S.C. 1395w-28) with respect to the integration of
specialized MA plans for special needs individuals described
in subsection (b)(6)(B)(ii) of such section.
``(7) To be responsible, subject to the final approval of
the Secretary, for developing regulations and guidance
related to the implementation of a unified grievance and
appeals process as described in subparagraphs (B) and (C) of
section 1859(f)(8) of the Social Security Act (42 U.S.C.
1395w-28(f)(8)).
``(8) To be responsible, subject to the final approval of
the Secretary, for developing regulations and guidance
related to the integration or alignment of policy and
oversight under the Medicare program under title XVIII of
such Act and the Medicaid program under title XIX of such Act
regarding specialized MA plans for special needs individuals
described in subsection (b)(6)(B)(ii) of such section
1859.''.
(c) Improvements to Severe or Disabling Chronic Condition
SNPs.--
(1) Care management requirements.--Section 1859(f)(5) of
the Social Security Act (42 U.S.C. 1395w-28(f)(5)) is
amended--
(A) by striking ``all snps.--The requirements'' and
inserting ``all snps.--
``(A) In general.--Subject to subparagraph (B), the
requirements'';
(B) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately; and
(C) in clause (ii), as redesignated by subparagraph (B), by
redesignating clauses (i) through (iii) as subclauses (I)
through (III), respectively, and indenting appropriately; and
(D) by adding at the end the following new subparagraph:
``(B) Improvements to care management requirements for
severe or disabling chronic condition snps.--For 2020 and
subsequent years, in the case of a specialized MA plan for
special needs individuals described in subsection
(b)(6)(B)(iii), the requirements described in this paragraph
include the following:
``(i) The interdisciplinary team under subparagraph
(A)(ii)(III) includes a team of providers with demonstrated
expertise, including training in an applicable specialty, in
treating individuals similar to the targeted population of
the plan.
``(ii) Requirements developed by the Secretary to provide
face-to-face encounters with individuals enrolled in the plan
not less frequently than on an annual basis.
``(iii) As part of the model of care under clause (i) of
subparagraph (A), the results of the initial assessment and
annual reassessment under clause (ii)(I) of such subparagraph
of each individual enrolled in the plan are addressed in the
individual's individualized care plan under clause (ii)(II)
of such subparagraph.
``(iv) As part of the annual evaluation and approval of
such model of care, the Secretary shall take into account
whether the plan fulfilled the previous year's goals (as
required under the model of care).
``(v) The Secretary shall establish a minimum benchmark for
each element of the model of care of a plan. The Secretary
shall only approve a plan's model of care under this
paragraph if each element of the model of care meets the
minimum benchmark applicable under the preceding sentence.''.
(2) Revisions to the definition of a severe or disabling
chronic conditions specialized needs individual.--
(A) In general.--Section 1859(b)(6)(B)(iii) of the Social
Security Act (42 U.S.C. 1395w-28(b)(6)(B)(iii)) is amended--
(i) by striking ``who have'' and inserting ``who--
``(I) before January 1, 2022, have'';
(ii) in subclause (I), as added by clause (i), by striking
the period at the end and inserting ``; and''; and
(iii) by adding at the end the following new subclause:
``(II) on or after January 1, 2022, have one or more
comorbid and medically complex chronic conditions that is
life threatening or significantly limits overall health or
function, have a high risk of hospitalization or other
adverse health outcomes, and require intensive care
coordination and that is listed under subsection
(f)(9)(A).''.
[[Page H1037]]
(B) Panel of clinical advisors.--Section 1859(f) of the
Social Security Act (42 U.S.C. 1395w-28(f)), as amended by
subsection (b), is amended by adding at the end the following
new paragraph:
``(9) List of conditions for clarification of the
definition of a severe or disabling chronic conditions
specialized needs individual.--
``(A) In general.--Not later than December 31, 2020, and
every 5 years thereafter, subject to subparagraphs (B) and
(C), the Secretary shall convene a panel of clinical advisors
to establish and update a list of conditions that meet each
of the following criteria:
``(i) Conditions that meet the definition of a severe or
disabling chronic condition under subsection (b)(6)(B)(iii)
on or after January 1, 2022.
``(ii) Conditions that require prescription drugs,
providers, and models of care that are unique to the specific
population of enrollees in a specialized MA plan for special
needs individuals described in such subsection on or after
such date and--
``(I) as a result of access to, and enrollment in, such a
specialized MA plan for special needs individuals,
individuals with such condition would have a reasonable
expectation of slowing or halting the progression of the
disease, improving health outcomes and decreasing overall
costs for individuals diagnosed with such condition compared
to available options of care other than through such a
specialized MA plan for special needs individuals; or
``(II) have a low prevalence in the general population of
beneficiaries under this title or a disproportionally high
per-beneficiary cost under this title.
``(B) Inclusion of certain conditions.--The conditions
listed under subparagraph (A) shall include HIV/AIDS, end
stage renal disease, and chronic and disabling mental
illness.
``(C) Requirement.--In establishing and updating the list
under subparagraph (A), the panel shall take into account the
availability of varied benefits, cost-sharing, and
supplemental benefits under the model described in paragraph
(2) of section 1859(h), including the expansion under
paragraph (1) of such section.''.
(d) Quality Measurement at the Plan Level for SNPs and
Determination of Feasability of Quality Measurement at the
Plan Level for All MA Plans.--Section 1853(o) of the Social
Security Act (42 U.S.C. 1395w-23(o)) is amended by adding at
the end the following new paragraphs:
``(6) Quality measurement at the plan level for snps.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may require reporting of data under section 1852(e)
for, and apply under this subsection, quality measures at the
plan level for specialized MA plans for special needs
individuals instead of at the contract level.
``(B) Considerations.--Prior to applying quality
measurement at the plan level under this paragraph, the
Secretary shall--
``(i) take into consideration the minimum number of
enrollees in a specialized MA plan for special needs
individuals in order to determine if a statistically
significant or valid measurement of quality at the plan level
is possible under this paragraph;
``(ii) take into consideration the impact of such
application on plans that serve a disproportionate number of
individuals dually eligible for benefits under this title and
under title XIX;
``(iii) if quality measures are reported at the plan level,
ensure that MA plans are not required to provide duplicative
information; and
``(iv) ensure that such reporting does not interfere with
the collection of encounter data submitted by MA
organizations or the administration of any changes to the
program under this part as a result of the collection of such
data.
``(C) Application.--If the Secretary applies quality
measurement at the plan level under this paragraph--
``(i) such quality measurement may include Medicare Health
Outcomes Survey (HOS), Healthcare Effectiveness Data and
Information Set (HEDIS), Consumer Assessment of Healthcare
Providers and Systems (CAHPS) measures and quality measures
under part D; and
``(ii) the Secretary shall consider applying administrative
actions, such as remedies described in section 1857(g)(2), at
the plan level.
``(7) Determination of feasibility of quality measurement
at the plan level for all ma plans.--
``(A) Determination of feasibility.--The Secretary shall
determine the feasibility of requiring reporting of data
under section 1852(e) for, and applying under this
subsection, quality measures at the plan level for all MA
plans under this part.
``(B) Consideration of change.--After making a
determination under subparagraph (A), the Secretary shall
consider requiring such reporting and applying such quality
measures at the plan level as described in such
subparagraph''.
(e) GAO Study and Report on State-Level Integration Between
Dual SNPs and Medicaid.--
(1) Study.--The Comptroller General of the United States
(in this subsection referred to as the ``Comptroller
General'') shall conduct a study on State-level integration
between specialized MA plans for special needs individuals
described in subsection (b)(6) (B)(ii) of section 1859 of the
Social Security Act (42 U.S.C. 1395w-28) and the Medicaid
program under title XIX of such Act (42 U.S.C. 1396 et seq.).
Such study shall include an analysis of the following:
(A) The characteristics of States in which the State agency
responsible for administering the State plan under such title
XIX has a contract with such a specialized MA plan and that
delivers long-term services and supports under the State plan
under such title XIX through a managed care program,
including the requirements under such State plan with respect
to long-term services and supports.
(B) The types of such specialized MA plans, which may
include the following:
(i) A plan described in section 1853(a)(1)(B)(iv)(II) of
such Act (42 U.S.C. 1395w-23(a)(1)(B)(iv)(II)).
(ii) A plan that meets the requirements described in
subsection (f)(3)(D) of such section 1859.
(iii) A plan described in clause (ii) that also meets
additional requirements established by the State.
(C) The characteristics of individuals enrolled in such
specialized MA plans.
(D) As practicable, the following with respect to State
programs for the delivery of long-term services and supports
under such title XIX through a managed care program:
(i) Which populations of individuals are eligible to
receive such services and supports.
(ii) Whether all such services and supports are provided on
a capitated basis or if any of such services and supports are
carved out and provided through fee-for service.
(E) As practicable, how the availability and variation of
integration arrangements of such specialized MA plans offered
in States affects spending, service delivery options, access
to community-based care, and utilization of care.
(F) The efforts of State Medicaid programs to transition
dually-eligible beneficiaries receiving long-term services
and supports (LTSS) from institutional settings to home and
community-based settings and related financial impacts of
such transitions.
(G) Barriers and opportunities for making further progress
on dual integration, as well as recommendations for
legislation or administrative action to expedite or refine
pathways toward fully integrated care.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report containing the results of the study
conducted under paragraph (1), together with recommendations
for such legislation and administrative action as the
Comptroller General determines appropriate.
Subtitle C--Expanding Innovation and Technology
SEC. 50321. ADAPTING BENEFITS TO MEET THE NEEDS OF
CHRONICALLY ILL MEDICARE ADVANTAGE ENROLLEES.
Section 1859 of the Social Security Act (42 U.S.C. 1395w-
28) is amended by adding at the end the following new
subsection:
``(h) National Testing of Medicare Advantage Value-Based
Insurance Design Model.--
``(1) In general.--In implementing the Medicare Advantage
Value-Based Insurance Design model that is being tested under
section 1115A(b), the Secretary shall revise the testing of
the model under such section to cover, effective not later
than January 1, 2020, all States.
``(2) Termination and modification provision not applicable
until january 1, 2022.--The provisions of section
1115A(b)(3)(B) shall apply to the Medicare Advantage Value-
Based Insurance Design model, including such model as revised
under paragraph (1), beginning January 1, 2022, but shall not
apply to such model, as so revised, prior to such date.
``(3) Funding.--The Secretary shall allocate funds made
available under section 1115A(f)(1) to design, implement, and
evaluate the Medicare Advantage Value-Based Insurance Design
model, as revised under paragraph (1).''.
SEC. 50322. EXPANDING SUPPLEMENTAL BENEFITS TO MEET THE NEEDS
OF CHRONICALLY ILL MEDICARE ADVANTAGE
ENROLLEES.
(a) In General.--Section 1852(a)(3) of the Social Security
Act (42 U.S.C. 1395w-22(a)(3)) is amended--
(1) in subparagraph (A), by striking ``Each'' and inserting
``Subject to subparagraph (D), each''; and
(2) by adding at the end the following new subparagraph:
``(D) Expanding supplemental benefits to meet the needs of
chronically ill enrollees.--
``(i) In general.--For plan year 2020 and subsequent plan
years, in addition to any supplemental health care benefits
otherwise provided under this paragraph, an MA plan,
including a specialized MA plan for special needs individuals
(as defined in section 1859(b)(6)), may provide supplemental
benefits described in clause (ii) to a chronically ill
enrollee (as defined in clause (iii)).
``(ii) Supplemental benefits described.--
``(I) In general.--Supplemental benefits described in this
clause are supplemental benefits that, with respect to a
chronically ill enrollee, have a reasonable expectation of
improving or maintaining the health or overall function of
the chronically ill enrollee and may not be limited to being
primarily health related benefits.
``(II) Authority to waive uniformity requirements.--The
Secretary may, only with respect to supplemental benefits
provided to a chronically ill enrollee under this
subparagraph, waive the uniformity requirements under this
part, as determined appropriate by the Secretary.
``(iii) Chronically ill enrollee defined.--In this
subparagraph, the term `chronically ill enrollee' means an
enrollee in an MA plan that the Secretary determines--
``(I) has one or more comorbid and medically complex
chronic conditions that is life threatening or significantly
limits the overall health or function of the enrollee;
``(II) has a high risk of hospitalization or other adverse
health outcomes; and
[[Page H1038]]
``(III) requires intensive care coordination.''.
(b) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
(in this subsection referred to as the ``Comptroller
General'') shall conduct a study on supplemental benefits
provided to enrollees in Medicare Advantage plans under part
C of title XVIII of the Social Security Act, including
specialized MA plans for special needs individuals (as
defined in section 1859(b)(6) of such Act (42 U.S.C. 1395w-
28(b)(6))). To the extend data are available, such study
shall include an analysis of the following:
(A) The type of supplemental benefits provided to such
enrollees, the total number of enrollees receiving each
supplemental benefit, and whether the supplemental benefit is
covered by the standard benchmark cost of the benefit or with
an additional premium.
(B) The frequency in which supplemental benefits are
utilized by such enrollees.
(C) The impact supplemental benefits have on--
(i) indicators of the quality of care received by such
enrollees, including overall health and function of the
enrollees;
(ii) the utilization of items and services for which
benefits are available under the original Medicare fee-for-
service program option under parts A and B of such title
XVIII by such enrollees; and
(iii) the amount of the bids submitted by Medicare
Advantage Organizations for Medicare Advantage plans under
such part C.
(2) Consultation.--In conducting the study under paragraph
(1), the Comptroller General shall, as necessary, consult
with the Centers for Medicare & Medicaid Services and
Medicare Advantage organizations offering Medicare Advantage
plans.
(3) Report.--Not later than 5 years after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report containing the results of the study
conducted under paragraph (1), together with recommendations
for such legislation and administrative action as the
Comptroller General determines appropriate.
SEC. 50323. INCREASING CONVENIENCE FOR MEDICARE ADVANTAGE
ENROLLEES THROUGH TELEHEALTH.
(a) In General.--Section 1852 of the Social Security Act
(42 U.S.C. 1395w-22) is amended--
(1) in subsection (a)(1)(B)(i), by inserting ``, subject to
subsection (m),'' after ``means''; and
(2) by adding at the end the following new subsection:
``(m) Provision of Additional Telehealth Benefits.--
``(1) MA plan option.--For plan year 2020 and subsequent
plan years, subject to the requirements of paragraph (3), an
MA plan may provide additional telehealth benefits (as
defined in paragraph (2)) to individuals enrolled under this
part.
``(2) Additional telehealth benefits defined.--
``(A) In general.--For purposes of this subsection and
section 1854:
``(i) Definition.--The term `additional telehealth
benefits' means services--
``(I) for which benefits are available under part B,
including services for which payment is not made under
section 1834(m) due to the conditions for payment under such
section; and
``(II) that are identified for such year as clinically
appropriate to furnish using electronic information and
telecommunications technology when a physician (as defined in
section 1861(r)) or practitioner (described in section
1842(b)(18)(C)) providing the service is not at the same
location as the plan enrollee.
``(ii) Exclusion of capital and infrastructure costs and
investments.--The term `additional telehealth benefits' does
not include capital and infrastructure costs and investments
relating to such benefits.
``(B) Public comment.--Not later than November 30, 2018,
the Secretary shall solicit comments on--
``(i) what types of items and services (including those
provided through supplemental health care benefits, such as
remote patient monitoring, secure messaging, store and
forward technologies, and other non-face-to-face
communication) should be considered to be additional
telehealth benefits; and
``(ii) the requirements for the provision or furnishing of
such benefits (such as training and coordination
requirements).
``(3) Requirements for additional telehealth benefits.--The
Secretary shall specify requirements for the provision or
furnishing of additional telehealth benefits, including with
respect to the following:
``(A) Physician or practitioner qualifications (other than
licensure) and other requirements such as specific training.
``(B) Factors necessary for the coordination of such
benefits with other items and services including those
furnished in-person.
``(C) Such other areas as determined by the Secretary.
``(4) Enrollee choice.--If an MA plan provides a service as
an additional telehealth benefit (as defined in paragraph
(2))--
``(A) the MA plan shall also provide access to such benefit
through an in-person visit (and not only as an additional
telehealth benefit); and
``(B) an individual enrollee shall have discretion as to
whether to receive such service through the in-person visit
or as an additional telehealth benefit.
``(5) Treatment under ma.--For purposes of this subsection
and section 1854, if a plan provides additional telehealth
benefits, such additional telehealth benefits shall be
treated as if they were benefits under the original Medicare
fee-for-service program option.
``(6) Construction.--Nothing in this subsection shall be
construed as affecting the requirement under subsection
(a)(1) that MA plans provide enrollees with items and
services (other than hospice care) for which benefits are
available under parts A and B, including benefits available
under section 1834(m).''.
(b) Clarification Regarding Inclusion in Bid Amount.--
Section 1854(a)(6)(A)(ii)(I) of the Social Security Act (42
U.S.C. 1395w-24(a)(6)(A)(ii)(I)) is amended by inserting ``,
including, for plan year 2020 and subsequent plan years, the
provision of additional telehealth benefits as described in
section 1852(m)'' before the semicolon at the end.
SEC. 50324. PROVIDING ACCOUNTABLE CARE ORGANIZATIONS THE
ABILITY TO EXPAND THE USE OF TELEHEALTH.
(a) In General.--Section 1899 of the Social Security Act
(42 U.S.C. 1395jjj) is amended by adding at the end the
following new subsection:
``(l) Providing ACOs the Ability To Expand the Use of
Telehealth Services.--
``(1) In general.--In the case of telehealth services for
which payment would otherwise be made under this title
furnished on or after January 1, 2020, for purposes of this
subsection only, the following shall apply with respect to
such services furnished by a physician or practitioner
participating in an applicable ACO (as defined in paragraph
(2)) to a Medicare fee-for-service beneficiary assigned to
the applicable ACO:
``(A) Inclusion of home as originating site.--Subject to
paragraph (3), the home of a beneficiary shall be treated as
an originating site described in section 1834(m)(4)(C)(ii).
``(B) No application of geographic limitation.--The
geographic limitation under section 1834(m)(4)(C)(i) shall
not apply with respect to an originating site described in
section 1834(m)(4)(C)(ii) (including the home of a
beneficiary under subparagraph (A)), subject to State
licensing requirements.
``(2) Definitions.--In this subsection:
``(A) Applicable aco.--The term `applicable ACO' means an
ACO participating in a model tested or expanded under section
1115A or under this section--
``(i) that operates under a two-sided model--
``(I) described in section 425.600(a) of title 42, Code of
Federal Regulations; or
``(II) tested or expanded under section 1115A; and
``(ii) for which Medicare fee-for-service beneficiaries are
assigned to the ACO using a prospective assignment method, as
determined appropriate by the Secretary.
``(B) Home.--The term `home' means, with respect to a
Medicare fee-for-service beneficiary, the place of residence
used as the home of the beneficiary.
``(3) Telehealth services received in the home.--In the
case of telehealth services described in paragraph (1) where
the home of a Medicare fee-for-service beneficiary is the
originating site, the following shall apply:
``(A) No facility fee.--There shall be no facility fee paid
to the originating site under section 1834(m)(2)(B).
``(B) Exclusion of certain services.--No payment may be
made for such services that are inappropriate to furnish in
the home setting such as services that are typically
furnished in inpatient settings such as a hospital.''.
(b) Study and Report.--
(1) Study.--
(A) In general.--The Secretary of Health and Human Services
(in this subsection referred to as the ``Secretary'') shall
conduct a study on the implementation of section 1899(l) of
the Social Security Act, as added by subsection (a). Such
study shall include an analysis of the utilization of, and
expenditures for, telehealth services under such section.
(B) Collection of data.--The Secretary may collect such
data as the Secretary determines necessary to carry out the
study under this paragraph.
(2) Report.--Not later than January 1, 2026, the Secretary
shall submit to Congress a report containing the results of
the study conducted under paragraph (1), together with
recommendations for such legislation and administrative
action as the Secretary determines appropriate.
SEC. 50325. EXPANDING THE USE OF TELEHEALTH FOR INDIVIDUALS
WITH STROKE.
Section 1834(m) of the Social Security Act (42 U.S.C.
1395m(m)), as amended by section 50302(b)(1), is amended--
(1) in paragraph (4)(C)(i), in the matter preceding
subclause (I), by striking ``The term'' and inserting
``Except as provided in paragraph (6), the term''; and
(2) by adding at the end the following new paragraph:
``(6) Treatment of stroke telehealth services.--
``(A) Non-application of originating site requirements.--
The requirements described in paragraph (4)(C) shall not
apply with respect to telehealth services furnished on or
after January 1, 2019, for purposes of diagnosis, evaluation,
or treatment of symptoms of an acute stroke, as determined by
the Secretary.
``(B) Inclusion of certain sites.--With respect to
telehealth services described in subparagraph (A), the term
`originating site' shall include any hospital (as defined in
section 1861(e)) or critical access hospital (as defined in
section 1861(mm)(1)), any mobile stroke unit (as defined by
the Secretary), or any other site determined appropriate by
the Secretary, at which the eligible telehealth individual is
located at the time the service is furnished via a
telecommunications system.
``(C) No originating site facility fee for new sites.--No
facility fee shall be paid under paragraph (2)(B) to an
originating site with respect to a telehealth service
described in subparagraph (A) if the originating site does
not otherwise meet the requirements for an originating site
under paragraph (4)(C).''.
[[Page H1039]]
Subtitle D--Identifying the Chronically Ill Population
SEC. 50331. PROVIDING FLEXIBILITY FOR BENEFICIARIES TO BE
PART OF AN ACCOUNTABLE CARE ORGANIZATION.
Section 1899(c) of the Social Security Act (42 U.S.C.
1395jjj(c)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(2) by striking ``ACOs.--The Secretary'' and inserting
``ACOs.--
``(1) In general.--Subject to paragraph (2), the
Secretary''; and
(3) by adding at the end the following new paragraph:
``(2) Providing flexibility.--
``(A) Choice of prospective assignment.--For each agreement
period (effective for agreements entered into or renewed on
or after January 1, 2020), in the case where an ACO
established under the program is in a Track that provides for
the retrospective assignment of Medicare fee-for-service
beneficiaries to the ACO, the Secretary shall permit the ACO
to choose to have Medicare fee-for-service beneficiaries
assigned prospectively, rather than retrospectively, to the
ACO for an agreement period.
``(B) Assignment based on voluntary identification by
medicare fee-for-service beneficiaries.--
``(i) In general.--For performance year 2018 and each
subsequent performance year, if a system is available for
electronic designation, the Secretary shall permit a Medicare
fee-for-service beneficiary to voluntarily identify an ACO
professional as the primary care provider of the beneficiary
for purposes of assigning such beneficiary to an ACO, as
determined by the Secretary.
``(ii) Notification process.--The Secretary shall establish
a process under which a Medicare fee-for-service beneficiary
is--
``(I) notified of their ability to make an identification
described in clause (i); and
``(II) informed of the process by which they may make and
change such identification.
``(iii) Superseding claims-based assignment.--A voluntary
identification by a Medicare fee-for-service beneficiary
under this subparagraph shall supersede any claims-based
assignment otherwise determined by the Secretary.''.
Subtitle E--Empowering Individuals and Caregivers in Care Delivery
SEC. 50341. ELIMINATING BARRIERS TO CARE COORDINATION UNDER
ACCOUNTABLE CARE ORGANIZATIONS.
(a) In General.--Section 1899 of the Social Security Act
(42 U.S.C. 1395jjj), as amended by section 50324(a), is
amended--
(1) in subsection (b)(2), by adding at the end the
following new subparagraph:
``(I) An ACO that seeks to operate an ACO Beneficiary
Incentive Program pursuant to subsection (m) shall apply to
the Secretary at such time, in such manner, and with such
information as the Secretary may require.'';
(2) by adding at the end the following new subsection:
``(m) Authority To Provide Incentive Payments to
Beneficiaries With Respect to Qualifying Primary Care
Services.--
``(1) Program.--
``(A) In general.--In order to encourage Medicare fee-for-
service beneficiaries to obtain medically necessary primary
care services, an ACO participating under this section under
a payment model described in clause (i) or (ii) of paragraph
(2)(B) may apply to establish an ACO Beneficiary Incentive
Program to provide incentive payments to such beneficiaries
who are furnished qualifying services in accordance with this
subsection. The Secretary shall permit such an ACO to
establish such a program at the Secretary's discretion and
subject to such requirements, including program integrity
requirements, as the Secretary determines necessary.
``(B) Implementation.--The Secretary shall implement this
subsection on a date determined appropriate by the Secretary.
Such date shall be no earlier than January 1, 2019, and no
later than January 1, 2020.
``(2) Conduct of program.--
``(A) Duration.--Subject to subparagraph (H), an ACO
Beneficiary Incentive Program established under this
subsection shall be conducted for such period (of not less
than 1 year) as the Secretary may approve.
``(B) Scope.--An ACO Beneficiary Incentive Program
established under this subsection shall provide incentive
payments to all of the following Medicare fee-for-service
beneficiaries who are furnished qualifying services by the
ACO:
``(i) With respect to the Track 2 and Track 3 payment
models described in section 425.600(a) of title 42, Code of
Federal Regulations (or in any successor regulation),
Medicare fee-for-service beneficiaries who are preliminarily
prospectively or prospectively assigned (or otherwise
assigned, as determined by the Secretary) to the ACO.
``(ii) With respect to any future payment models involving
two-sided risk, Medicare fee-for-service beneficiaries who
are assigned to the ACO, as determined by the Secretary.
``(C) Qualifying service.--For purposes of this subsection,
a qualifying service is a primary care service, as defined in
section 425.20 of title 42, Code of Federal Regulations (or
in any successor regulation), with respect to which
coinsurance applies under part B, furnished through an ACO
by--
``(i) an ACO professional described in subsection (h)(1)(A)
who has a primary care specialty designation included in the
definition of primary care physician under section 425.20 of
title 42, Code of Federal Regulations (or any successor
regulation);
``(ii) an ACO professional described in subsection
(h)(1)(B); or
``(iii) a Federally qualified health center or rural health
clinic (as such terms are defined in section 1861(aa)).
``(D) Incentive payments.--An incentive payment made by an
ACO pursuant to an ACO Beneficiary Incentive Program
established under this subsection shall be--
``(i) in an amount up to $20, with such maximum amount
updated annually by the percentage increase in the consumer
price index for all urban consumers (United States city
average) for the 12-month period ending with June of the
previous year;
``(ii) in the same amount for each Medicare fee-for-service
beneficiary described in clause (i) or (ii) of subparagraph
(B) without regard to enrollment of such a beneficiary in a
medicare supplemental policy (described in section
1882(g)(1)), in a State Medicaid plan under title XIX or a
waiver of such a plan, or in any other health insurance
policy or health benefit plan;
``(iii) made for each qualifying service furnished to such
a beneficiary described in clause (i) or (ii) of subparagraph
(B) during a period specified by the Secretary; and
``(iv) made no later than 30 days after a qualifying
service is furnished to such a beneficiary described in
clause (i) or (ii) of subparagraph (B).
``(E) No separate payments from the secretary.--The
Secretary shall not make any separate payment to an ACO for
the costs, including incentive payments, of carrying out an
ACO Beneficiary Incentive Program established under this
subsection. Nothing in this subparagraph shall be construed
as prohibiting an ACO from using shared savings received
under this section to carry out an ACO Beneficiary Incentive
Program.
``(F) No application to shared savings calculation.--
Incentive payments made by an ACO under this subsection shall
be disregarded for purposes of calculating benchmarks,
estimated average per capita Medicare expenditures, and
shared savings under this section.
``(G) Reporting requirements.--An ACO conducting an ACO
Beneficiary Incentive Program under this subsection shall, at
such times and in such format as the Secretary may require,
report to the Secretary such information and retain such
documentation as the Secretary may require, including the
amount and frequency of incentive payments made and the
number of Medicare fee-for-service beneficiaries receiving
such payments.
``(H) Termination.--The Secretary may terminate an ACO
Beneficiary Incentive Program established under this
subsection at any time for reasons determined appropriate by
the Secretary.
``(3) Exclusion of incentive payments.--Any payment made
under an ACO Beneficiary Incentive Program established under
this subsection shall not be considered income or resources
or otherwise taken into account for purposes of--
``(A) determining eligibility for benefits or assistance
(or the amount or extent of benefits or assistance) under any
Federal program or under any State or local program financed
in whole or in part with Federal funds; or
``(B) any Federal or State laws relating to taxation.'';
(3) in subsection (e), by inserting ``, including an ACO
Beneficiary Incentive Program under subsections (b)(2)(I) and
(m)'' after ``the program''; and
(4) in subsection (g)(6), by inserting ``or of an ACO
Beneficiary Incentive Program under subsections (b)(2)(I) and
(m)'' after ``under subsection (d)(4)''.
(b) Amendment to Section 1128B.--Section 1128B(b)(3) of the
Social Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended--
(1) by striking ``and'' at the end of subparagraph (I);
(2) by striking the period at the end of subparagraph (J)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(K) an incentive payment made to a Medicare fee-for-
service beneficiary by an ACO under an ACO Beneficiary
Incentive Program established under subsection (m) of section
1899, if the payment is made in accordance with the
requirements of such subsection and meets such other
conditions as the Secretary may establish.''.
(c) Evaluation and Report.--
(1) Evaluation.--The Secretary of Health and Human Services
(in this subsection referred to as the ``Secretary'') shall
conduct an evaluation of the ACO Beneficiary Incentive
Program established under subsections (b)(2)(I) and (m) of
section 1899 of the Social Security Act (42 U.S.C. 1395jjj),
as added by subsection (a). The evaluation shall include an
analysis of the impact of the implementation of the Program
on expenditures and beneficiary health outcomes under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
(2) Report.--Not later than October 1, 2023, the Secretary
shall submit to Congress a report containing the results of
the evaluation under paragraph (1), together with
recommendations for such legislation and administrative
action as the Secretary determines appropriate.
SEC. 50342. GAO STUDY AND REPORT ON LONGITUDINAL
COMPREHENSIVE CARE PLANNING SERVICES UNDER
MEDICARE PART B.
(a) Study.--The Comptroller General shall conduct a study
on the establishment under part B of the Medicare program
under title XVIII of the Social Security Act of a payment
code for a visit for longitudinal comprehensive care planning
services. Such study shall include an analysis of the
following to the extent such information is available:
(1) The frequency with which services similar to
longitudinal comprehensive care planning services are
furnished to Medicare beneficiaries, which providers of
services and suppliers are
[[Page H1040]]
furnishing those services, whether Medicare reimbursement is
being received for those services, and, if so, through which
codes those services are being reimbursed.
(2) Whether, and the extent to which, longitudinal
comprehensive care planning services would overlap, and could
therefore result in duplicative payment, with services
covered under the hospice benefit as well as the chronic care
management code, evaluation and management codes, or other
codes that already exist under part B of the Medicare
program.
(3) Any barriers to hospitals, skilled nursing facilities,
hospice programs, home health agencies, and other applicable
providers working with a Medicare beneficiary to engage in
the care planning process and complete the necessary
documentation to support the treatment and care plan of the
beneficiary and provide such documentation to other providers
and the beneficiary or the beneficiary's representative.
(4) Any barriers to providers, other than the provider
furnishing longitudinal comprehensive care planning services,
accessing the care plan and associated documentation for use
related to the care of the Medicare beneficiary.
(5) Potential options for ensuring that applicable
providers are notified of a patient's existing longitudinal
care plan and that applicable providers consider that plan in
making their treatment decisions, and what the challenges
might be in implementing such options.
(6) Stakeholder's views on the need for the development of
quality metrics with respect to longitudinal comprehensive
care planning services, such as measures related to--
(A) the process of eliciting input from the Medicare
beneficiary or from a legally authorized representative and
documenting in the medical record the patient-directed care
plan;
(B) the effectiveness and patient-centeredness of the care
plan in organizing delivery of services consistent with the
plan;
(C) the availability of the care plan and associated
documentation to other providers that care for the
beneficiary; and
(D) the extent to which the beneficiary received services
and support that is free from discrimination based on
advanced age, disability status, or advanced illness.
(7) Stakeholder's views on how such quality metrics would
provide information on--
(A) the goals, values, and preferences of the beneficiary;
(B) the documentation of the care plan;
(C) services furnished to the beneficiary; and
(D) outcomes of treatment.
(8) Stakeholder's views on--
(A) the type of training and education needed for
applicable providers, individuals, and caregivers in order to
facilitate longitudinal comprehensive care planning services;
(B) the types of providers of services and suppliers that
should be included in the interdisciplinary team of an
applicable provider; and
(C) the characteristics of Medicare beneficiaries that
would be most appropriate to receive longitudinal
comprehensive care planning services, such as individuals
with advanced disease and individuals who need assistance
with multiple activities of daily living.
(9) Stakeholder's views on the frequency with which
longitudinal comprehensive care planning services should be
furnished.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report containing the results of the study
conducted under subsection (a), together with recommendations
for such legislation and administrative action as the
Comptroller General determines appropriate.
(c) Definitions.--In this section:
(1) Applicable provider.--The term ``applicable provider''
means a hospice program (as defined in subsection (dd)(2) of
section 1861 of the Social Security Act (42 U.S.C. 1395ww))
or other provider of services (as defined in subsection (u)
of such section) or supplier (as defined in subsection (d) of
such section) that--
(A) furnishes longitudinal comprehensive care planning
services through an interdisciplinary team; and
(B) meets such other requirements as the Secretary may
determine to be appropriate.
(2) Comptroller general.--The term ``Comptroller General''
means the Comptroller General of the United States.
(3) Interdisciplinary team.--The term ``interdisciplinary
team'' means a group that--
(A) includes the personnel described in subsection
(dd)(2)(B)(i) of such section 1861;
(B) may include a chaplain, minister, or other clergy; and
(C) may include other direct care personnel.
(4) Longitudinal comprehensive care planning services.--The
term ``longitudinal comprehensive care planning services''
means a voluntary shared decisionmaking process that is
furnished by an applicable provider through an
interdisciplinary team and includes a conversation with
Medicare beneficiaries who have received a diagnosis of a
serious or life-threatening illness. The purpose of such
services is to discuss a longitudinal care plan that
addresses the progression of the disease, treatment options,
the goals, values, and preferences of the beneficiary, and
the availability of other resources and social supports that
may reduce the beneficiary's health risks and promote self-
management and shared decisionmaking.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
Subtitle F--Other Policies to Improve Care for the Chronically Ill
SEC. 50351. GAO STUDY AND REPORT ON IMPROVING MEDICATION
SYNCHRONIZATION.
(a) Study.--The Comptroller General of the United States
(in this section referred to as the ``Comptroller General'')
shall conduct a study on the extent to which Medicare
prescription drug plans (MA-PD plans and stand alone
prescription drug plans) under part D of title XVIII of the
Social Security Act and private payors use programs that
synchronize pharmacy dispensing so that individuals may
receive multiple prescriptions on the same day to facilitate
comprehensive counseling and promote medication adherence.
The study shall include a analysis of the following:
(1) The extent to which pharmacies have adopted such
programs.
(2) The common characteristics of such programs, including
how pharmacies structure counseling sessions under such
programs and the types of payment and other arrangements that
Medicare prescription drug plans and private payors employ
under such programs to support the efforts of pharmacies.
(3) How such programs compare for Medicare prescription
drug plans and private payors.
(4) What is known about how such programs affect patient
medication adherence and overall patient health outcomes,
including if adherence and outcomes vary by patient
subpopulations, such as disease state and socioeconomic
status.
(5) What is known about overall patient satisfaction with
such programs and satisfaction with such programs, including
within patient subpopulations, such as disease state and
socioeconomic status.
(6) The extent to which laws and regulations of the
Medicare program support such programs.
(7) Barriers to the use of medication synchronization
programs by Medicare prescription drug plans.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report containing the results of the study
under subsection (a), together with recommendations for such
legislation and administrative action as the Comptroller
General determines appropriate.
SEC. 50352. GAO STUDY AND REPORT ON IMPACT OF OBESITY DRUGS
ON PATIENT HEALTH AND SPENDING.
(a) Study.--The Comptroller General of the United States
(in this section referred to as the ``Comptroller General'')
shall, to the extent data are available, conduct a study on
the use of prescription drugs to manage the weight of obese
patients and the impact of coverage of such drugs on patient
health and on health care spending. Such study shall examine
the use and impact of these obesity drugs in the non-Medicare
population and for Medicare beneficiaries who have such drugs
covered through an MA-PD plan (as defined in section 1860D-
1(a)(3)(C) of the Social Security Act (42 U.S.C. 1395w-
101(a)(3)(C))) as a supplemental health care benefit. The
study shall include an analysis of the following:
(1) The prevalence of obesity in the Medicare and non-
Medicare population.
(2) The utilization of obesity drugs.
(3) The distribution of Body Mass Index by individuals
taking obesity drugs, to the extent practicable.
(4) What is known about the use of obesity drugs in
conjunction with the receipt of other items or services, such
as behavioral counseling, and how these compare to items and
services received by obese individuals who do not take
obesity drugs.
(5) Physician considerations and attitudes related to
prescribing obesity drugs.
(6) The extent to which coverage policies cease or limit
coverage for individuals who fail to receive clinical
benefit.
(7) What is known about the extent to which individuals who
take obesity drugs adhere to the prescribed regimen.
(8) What is known about the extent to which individuals who
take obesity drugs maintain weight loss over time.
(9) What is known about the subsequent impact such drugs
have on medical services that are directly related to
obesity, including with respect to subpopulations determined
based on the extent of obesity.
(10) What is known about the spending associated with the
care of individuals who take obesity drugs, compared to the
spending associated with the care of individuals who do not
take such drugs.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report containing the results of the study
under subsection (a), together with recommendations for such
legislation and administrative action as the Comptroller
General determines appropriate.
SEC. 50353. HHS STUDY AND REPORT ON LONG-TERM RISK FACTORS
FOR CHRONIC CONDITIONS AMONG MEDICARE
BENEFICIARIES.
(a) Study.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall conduct
a study on long-term cost drivers to the Medicare program,
including obesity, tobacco use, mental health conditions, and
other factors that may contribute to the deterioration of
health conditions among individuals with chronic conditions
in the Medicare population. The study shall include an
analysis of any barriers to collecting and analyzing such
information and how to remove any such barriers (including
through legislation and administrative actions).
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report containing the results of the study under subsection
(a), together with recommendations for such legislation and
administrative action as the Secretary determines
appropriate. The Secretary shall also post such report on the
Internet website of the Department of Health and Human
Services.
[[Page H1041]]
SEC. 50354. PROVIDING PRESCRIPTION DRUG PLANS WITH PARTS A
AND B CLAIMS DATA TO PROMOTE THE APPROPRIATE
USE OF MEDICATIONS AND IMPROVE HEALTH OUTCOMES.
Section 1860D-4(c) of the Social Security Act (42 U.S.C.
1395w-104(c)) is amended by adding at the end the following
new paragraph:
``(6) Providing prescription drug plans with parts a and b
claims data to promote the appropriate use of medications and
improve health outcomes.--
``(A) Process.--Subject to subparagraph (B), the Secretary
shall establish a process under which a PDP sponsor of a
prescription drug plan may submit a request for the Secretary
to provide the sponsor, on a periodic basis and in an
electronic format, beginning in plan year 2020, data
described in subparagraph (D) with respect to enrollees in
such plan. Such data shall be provided without regard to
whether such enrollees are described in clause (ii) of
paragraph (2)(A).
``(B) Purposes.--A PDP sponsor may use the data provided to
the sponsor pursuant to subparagraph (A) for any of the
following purposes:
``(i) To optimize therapeutic outcomes through improved
medication use, as such phrase is used in clause (i) of
paragraph (2)(A).
``(ii) To improving care coordination so as to prevent
adverse health outcomes, such as preventable emergency
department visits and hospital readmissions.
``(iii) For any other purpose determined appropriate by the
Secretary.
``(C) Limitations on data use.--A PDP sponsor shall not use
data provided to the sponsor pursuant to subparagraph (A) for
any of the following purposes:
``(i) To inform coverage determinations under this part.
``(ii) To conduct retroactive reviews of medically accepted
indications determinations.
``(iii) To facilitate enrollment changes to a different
prescription drug plan or an MA-PD plan offered by the same
parent organization.
``(iv) To inform marketing of benefits.
``(v) For any other purpose that the Secretary determines
is necessary to include in order to protect the identity of
individuals entitled to, or enrolled for, benefits under this
title and to protect the security of personal health
information.
``(D) Data described.--The data described in this clause
are standardized extracts (as determined by the Secretary) of
claims data under parts A and B for items and services
furnished under such parts for time periods specified by the
Secretary. Such data shall include data as current as
practicable.''.
TITLE IV--PART B IMPROVEMENT ACT AND OTHER PART B ENHANCEMENTS
Subtitle A--Medicare Part B Improvement Act
SEC. 50401. HOME INFUSION THERAPY SERVICES TEMPORARY
TRANSITIONAL PAYMENT.
(a) In General.--Section 1834(u) of the Social Security Act
(42 U.S.C. 1395m(u)) is amended, by adding at the end the
following new paragraph:
``(7) Home infusion therapy services temporary transitional
payment.--
``(A) Temporary transitional payment.--
``(i) In general.--The Secretary shall, in accordance with
the payment methodology described in subparagraph (B) and
subject to the provisions of this paragraph, provide a home
infusion therapy services temporary transitional payment
under this part to an eligible home infusion supplier (as
defined in subparagraph (F)) for items and services described
in subparagraphs (A) and (B) of section 1861(iii)(2))
furnished during the period specified in clause (ii) by such
supplier in coordination with the furnishing of transitional
home infusion drugs (as defined in clause (iii)).
``(ii) Period specified.--For purposes of clause (i), the
period specified in this clause is the period beginning on
January 1, 2019, and ending on the day before the date of the
implementation of the payment system under paragraph (1)(A).
``(iii) Transitional home infusion drug defined.--For
purposes of this paragraph, the term `transitional home
infusion drug' has the meaning given to the term `home
infusion drug' under section 1861(iii)(3)(C)), except that
clause (ii) of such section shall not apply if a drug
described in such clause is identified in clauses (i), (ii),
(iii) or (iv) of subparagraph (C) as of the date of the
enactment of this paragraph.
``(B) Payment methodology.--For purposes of this paragraph,
the Secretary shall establish a payment methodology, with
respect to items and services described in subparagraph
(A)(i). Under such payment methodology the Secretary shall--
``(i) create the three payment categories described in
clauses (i), (ii), and (iii) of subparagraph (C);
``(ii) assign drugs to such categories, in accordance with
such clauses;
``(iii) assign appropriate Healthcare Common Procedure
Coding System (HCPCS) codes to each payment category; and
``(iv) establish a single payment amount for each such
payment category, in accordance with subparagraph (D), for
each infusion drug administration calendar day in the
individual's home for drugs assigned to such category.
``(C) Payment categories.--
``(i) Payment category 1.--The Secretary shall create a
payment category 1 and assign to such category drugs which
are covered under the Local Coverage Determination on
External Infusion Pumps (LCD number L33794) and billed with
the following HCPCS codes (as identified as of January 1,
2018, and as subsequently modified by the Secretary): J0133,
J0285, J0287, J0288, J0289, J0895, J1170, J1250, J1265,
J1325, J1455, J1457, J1570, J2175, J2260, J2270, J2274,
J2278, J3010, or J3285.
``(ii) Payment category 2.--The Secretary shall create a
payment category 2 and assign to such category drugs which
are covered under such local coverage determination and
billed with the following HCPCS codes (as identified as of
January 1, 2018, and as subsequently modified by the
Secretary): J1555 JB, J1559 JB, J1561 JB, J1562 JB, J1569 JB,
or J1575 JB.
``(iii) Payment category 3.--The Secretary shall create a
payment category 3 and assign to such category drugs which
are covered under such local coverage determination and
billed with the following HCPCS codes (as identified as of
January 1, 2018, and as subsequently modified by the
Secretary): J9000, J9039, J9040, J9065, J9100, J9190, J9200,
J9360, or J9370.
``(iv) Infusion drugs not otherwise included.--With respect
to drugs that are not included in payment category 1, 2, or 3
under clause (i), (ii), or (iii), respectively, the Secretary
shall assign to the most appropriate of such categories, as
determined by the Secretary, drugs which are--
``(I) covered under such local coverage determination and
billed under HCPCS codes J7799 or J7999 (as identified as of
July 1, 2017, and as subsequently modified by the Secretary);
or
``(II) billed under any code that is implemented after the
date of the enactment of this paragraph and included in such
local coverage determination or included in subregulatory
guidance as a home infusion drug described in subparagraph
(A)(i).
``(D) Payment amounts.--
``(i) In general.--Under the payment methodology, the
Secretary shall pay eligible home infusion suppliers, with
respect to items and services described in subparagraph
(A)(i) furnished during the period described in subparagraph
(A)(ii) by such supplier to an individual, at amounts equal
to the amounts determined under the physician fee schedule
established under section 1848 for services furnished during
the year for codes and units of such codes described in
clauses (ii), (iii), and (iv) with respect to drugs included
in the payment category under subparagraph (C) specified in
the respective clause, determined without application of the
geographic adjustment under subsection (e) of such section.
``(ii) Payment amount for category 1.--For purposes of
clause (i), the codes and units described in this clause,
with respect to drugs included in payment category 1
described in subparagraph (C)(i), are one unit of HCPCS code
96365 plus three units of HCPCS code 96366 (as identified as
of January 1, 2018, and as subsequently modified by the
Secretary).
``(iii) Payment amount for category 2.--For purposes of
clause (i), the codes and units described in this clause,
with respect to drugs included in payment category 2
described in subparagraph (C)(i), are one unit of HCPCS code
96369 plus three units of HCPCS code 96370 (as identified as
of January 1, 2018, and as subsequently modified by the
Secretary).
``(iv) Payment amount for category 3.--For purposes of
clause (i), the codes and units described in this clause,
with respect to drugs included in payment category 3
described in subparagraph (C)(i), are one unit of HCPCS code
96413 plus three units of HCPCS code 96415 (as identified as
of January 1, 2018, and as subsequently modified by the
Secretary).
``(E) Clarifications.--
``(i) Infusion drug administration day.--For purposes of
this subsection, with respect to the furnishing of
transitional home infusion drugs or home infusion drugs to an
individual by an eligible home infusion supplier or a
qualified home infusion therapy supplier, a reference to
payment to such supplier for an infusion drug administration
calendar day in the individual's home shall refer to payment
only for the date on which professional services (as
described in section 1861(iii)(2)(A)) were furnished to
administer such drugs to such individual. For purposes of the
previous sentence, an infusion drug administration calendar
day shall include all such drugs administered to such
individual on such day.
``(ii) Treatment of multiple drugs administered on same
infusion drug administration day.--In the case that an
eligible home infusion supplier, with respect to an infusion
drug administration calendar day in an individual's home,
furnishes to such individual transitional home infusion drugs
which are not all assigned to the same payment category under
subparagraph (C), payment to such supplier for such infusion
drug administration calendar day in the individual's home
shall be a single payment equal to the amount of payment
under this paragraph for the drug, among all such drugs so
furnished to such individual during such calendar day, for
which the highest payment would be made under this paragraph.
``(F) Eligible home infusion suppliers.--In this paragraph,
the term `eligible home infusion supplier' means a supplier
that is enrolled under this part as a pharmacy that provides
external infusion pumps and external infusion pump supplies
and that maintains all pharmacy licensure requirements in the
State in which the applicable infusion drugs are
administered.
``(G) Implementation.--Notwithstanding any other provision
of law, the Secretary may implement this paragraph by program
instruction or otherwise.''.
(b) Conforming Amendments.--(1) Section 1842(b)(6)(I) of
the Social Security Act (42 U.S.C. 1395u(b)(6)(I)) is amended
by inserting ``or, in the case of items and services
described in clause (i) of section 1834(u)(7)(A) furnished to
an individual during the period described in clause (ii) of
such section, payment shall be made to the eligible home
infusion therapy supplier'' after ``payment shall be made to
the qualified home infusion therapy supplier''.
(2) Section 5012(d) of the 21st Century Cures Act is
amended by inserting the following before
[[Page H1042]]
the period at the end: ``, except that the amendments made by
paragraphs (1) and (2) of subsection (c) shall apply to items
and services furnished on or after January 1, 2019''.
SEC. 50402. ORTHOTIST'S AND PROSTHETIST'S CLINICAL NOTES AS
PART OF THE PATIENT'S MEDICAL RECORD.
Section 1834(h) of the Social Security Act (42 U.S.C.
1395m(h)) is amended by adding at the end the following new
paragraph:
``(5) Documentation created by orthotists and
prosthetists.--For purposes of determining the reasonableness
and medical necessity of orthotics and prosthetics,
documentation created by an orthotist or prosthetist shall be
considered part of the individual's medical record to support
documentation created by eligible professionals described in
section 1848(k)(3)(B).''.
SEC. 50403. INDEPENDENT ACCREDITATION FOR DIALYSIS FACILITIES
AND ASSURANCE OF HIGH QUALITY SURVEYS.
(a) Accreditation and Surveys.--
(1) In general.--Section 1865 of the Social Security Act
(42 U.S.C. 1395bb) is amended--
(A) in subsection (a)--
(i) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``or the conditions and requirements under
section 1881(b)''; and
(ii) in paragraph (4), by inserting ``(including a renal
dialysis facility)'' after ``facility''; and
(B) by adding at the end the following new subsection:
``(e) With respect to an accreditation body that has
received approval from the Secretary under subsection
(a)(3)(A) for accreditation of provider entities that are
required to meet the conditions and requirements under
section 1881(b), in addition to review and oversight
authorities otherwise applicable under this title, the
Secretary shall (as the Secretary determines appropriate)
conduct, with respect to such accreditation body and provider
entities, any or all of the following as frequently as is
otherwise required to be conducted under this title with
respect to other accreditation bodies or other provider
entities:
``(1) Validation surveys referred to in subsection (d).
``(2) Accreditation program reviews (as defined in section
488.8(c) of title 42 of the Code of Federal Regulations, or a
successor regulation).
``(3) Performance reviews (as defined in section 488.8(a)
of title 42 of the Code of Federal Regulations, or a
successor regulation).''.
(2) Timing for acceptance of requests from accreditation
organizations.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Health and Human
Services shall begin accepting requests from national
accreditation bodies for a finding described in section
1865(a)(3)(A) of the Social Security Act (42 U.S.C.
1395bb(a)(3)(A)) for purposes of accrediting provider
entities that are required to meet the conditions and
requirements under section 1881(b) of such Act (42 U.S.C.
1395rr(b)).
(b) Requirement for Timing of Surveys of New Dialysis
Facilities.--Section 1881(b)(1) of the Social Security Act
(42 U.S.C. 1395rr(b)(1)) is amended by adding at the end the
following new sentence: ``Beginning 180 days after the date
of the enactment of this sentence, an initial survey of a
provider of services or a renal dialysis facility to
determine if the conditions and requirements under this
paragraph are met shall be initiated not later than 90 days
after such date on which both the provider enrollment form
(without regard to whether such form is submitted prior to or
after such date of enactment) has been determined by the
Secretary to be complete and the provider's enrollment status
indicates approval is pending the results of such survey.''.
SEC. 50404. MODERNIZING THE APPLICATION OF THE STARK RULE
UNDER MEDICARE.
(a) Clarification of the Writing Requirement and Signature
Requirement for Arrangements Pursuant to the Stark Rule.--
(1) Writing requirement.--Section 1877(h)(1) of the Social
Security Act (42 U.S.C. 1395nn(h)(1)) is amended by adding at
the end the following new subparagraph:
``(D) Written requirement clarified.--In the case of any
requirement pursuant to this section for a compensation
arrangement to be in writing, such requirement shall be
satisfied by such means as determined by the Secretary,
including by a collection of documents, including
contemporaneous documents evidencing the course of conduct
between the parties involved.''.
(2) Signature requirement.--Section 1877(h)(1) of the
Social Security Act (42 U.S.C. 1395nn(h)(1)), as amended by
paragraph (1), is further amended by adding at the end the
following new subparagraph:
``(E) Special rule for signature requirements.--In the case
of any requirement pursuant to this section for a
compensation arrangement to be in writing and signed by the
parties, such signature requirement shall be met if--
``(i) not later than 90 consecutive calendar days
immediately following the date on which the compensation
arrangement became noncompliant, the parties obtain the
required signatures; and
``(ii) the compensation arrangement otherwise complies with
all criteria of the applicable exception.''.
(b) Indefinite Holdover for Lease Arrangements and Personal
Services Arrangements Pursuant to the Stark Rule.--Section
1877(e) of the Social Security Act (42 U.S.C. 1395nn(e)) is
amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(C) Holdover lease arrangements.--In the case of a
holdover lease arrangement for the lease of office space or
equipment, which immediately follows a lease arrangement
described in subparagraph (A) for the use of such office
space or subparagraph (B) for the use of such equipment and
that expired after a term of at least 1 year, payments made
by the lessee to the lessor pursuant to such holdover lease
arrangement, if--
``(i) the lease arrangement met the conditions of
subparagraph (A) for the lease of office space or
subparagraph (B) for the use of equipment when the
arrangement expired;
``(ii) the holdover lease arrangement is on the same terms
and conditions as the immediately preceding arrangement; and
``(iii) the holdover arrangement continues to satisfy the
conditions of subparagraph (A) for the lease of office space
or subparagraph (B) for the use of equipment.''; and
(2) in paragraph (3), by adding at the end the following
new subparagraph:
``(C) Holdover personal service arrangement.--In the case
of a holdover personal service arrangement, which immediately
follows an arrangement described in subparagraph (A) that
expired after a term of at least 1 year, remuneration from an
entity pursuant to such holdover personal service
arrangement, if--
``(i) the personal service arrangement met the conditions
of subparagraph (A) when the arrangement expired;
``(ii) the holdover personal service arrangement is on the
same terms and conditions as the immediately preceding
arrangement; and
``(iii) the holdover arrangement continues to satisfy the
conditions of subparagraph (A).''.
Subtitle B--Additional Medicare Provisions
SEC. 50411. MAKING PERMANENT THE REMOVAL OF THE RENTAL CAP
FOR DURABLE MEDICAL EQUIPMENT UNDER MEDICARE
WITH RESPECT TO SPEECH GENERATING DEVICES.
Section 1834(a)(2)(A)(iv) of the Social Security Act (42
U.S.C. 1395m(a)(2)(A)(iv)) is amended by striking ``and
before October 1, 2018,''.
SEC. 50412. INCREASED CIVIL AND CRIMINAL PENALTIES AND
INCREASED SENTENCES FOR FEDERAL HEALTH CARE
PROGRAM FRAUD AND ABUSE.
(a) Increased Civil Money Penalties and Criminal Fines.--
(1) Increased civil money penalties.--Section 1128A of the
Social Security Act (42 U.S.C. 1320a-7a) is amended--
(A) in subsection (a), in the matter following paragraph
(10)--
(i) by striking ``$10,000'' and inserting ``$20,000'' each
place it appears;
(ii) by striking ``$15,000'' and inserting ``$30,000''; and
(iii) by striking ``$50,000'' and inserting ``$100,000''
each place it appears; and
(B) in subsection (b)--
(i) in paragraph (1), in the flush text following
subparagraph (B), by striking ``$2,000'' and inserting
``$5,000'';
(ii) in paragraph (2), by striking ``$2,000'' and inserting
``$5,000''; and
(iii) in paragraph (3)(A)(i), by striking ``$5,000'' and
inserting ``$10,000''.
(2) Increased criminal fines.--Section 1128B of such Act
(42 U.S.C. 1320a-7b) is amended--
(A) in subsection (a), in the matter following paragraph
(6)--
(i) by striking ``$25,000'' and inserting ``$100,000''; and
(ii) by striking ``$10,000'' and inserting ``$20,000'';
(B) in subsection (b)--
(i) in paragraph (1), in the flush text following
subparagraph (B), by striking ``$25,000'' and inserting
``$100,000''; and
(ii) in paragraph (2), in the flush text following
subparagraph (B), by striking ``$25,000'' and inserting
``$100,000'';
(C) in subsection (c), by striking ``$25,000'' and
inserting ``$100,000'';
(D) in subsection (d), in the flush text following
paragraph (2), by striking ``$25,000'' and inserting
``$100,000''; and
(E) in subsection (e), by striking ``$2,000'' and inserting
``$4,000''.
(b) Increased Sentences for Felonies Involving Federal
Health Care Program Fraud and Abuse.--
(1) False statements and representations.--Section 1128B(a)
of the Social Security Act (42 U.S.C. 1320a-7b(a)) is
amended, in the matter following paragraph (6), by striking
``not more than five years or both, or (ii)'' and inserting
``not more than 10 years or both, or (ii)''.
(2) Antikickback.--Section 1128B(b) of such Act (42 U.S.C.
1320a-7b(b)) is amended--
(A) in paragraph (1), in the flush text following
subparagraph (B), by striking ``not more than five years''
and inserting ``not more than 10 years''; and
(B) in paragraph (2), in the flush text following
subparagraph (B), by striking ``not more than five years''
and inserting ``not more than 10 years''.
(3) False statement or representation with respect to
conditions or operations of facilities.--Section 1128B(c) of
such Act (42 U.S.C. 1320a-7b(c)) is amended by striking ``not
more than five years'' and inserting ``not more than 10
years''.
(4) Excess charges.--Section 1128B(d) of such Act (42
U.S.C. 1320a-7b(d)) is amended, in the flush text following
paragraph (2), by striking ``not more than five years'' and
inserting ``not more than 10 years''.
(c) Effective Date.--The amendments made by this section
shall apply to acts committed after the date of the enactment
of this Act.
SEC. 50413. REDUCING THE VOLUME OF FUTURE EHR-RELATED
SIGNIFICANT HARDSHIP REQUESTS.
Section 1848(o)(2)(A) of the Social Security Act (42 U.S.C.
1395w-4(o)(2)(A)) and section 1886(n)(3)(A) of such Act (42
U.S.C. 1395ww(n)(3)(A)) are each amended in the last sentence
by striking ``by requiring'' and all that follows through
``this paragraph''.
[[Page H1043]]
SEC. 50414. STRENGTHENING RULES IN CASE OF COMPETITION FOR
DIABETIC TESTING STRIPS.
(a) Special Rule in Case of Competition for Diabetic
Testing Strips.--
(1) In general.--Paragraph (10) of section 1847(b) of the
Social Security Act (42 U.S.C. 1395w-3(b)) is amended--
(A) in subparagraph (A), by striking the second sentence
and inserting the following new sentence: ``With respect to
bids to furnish such types of products on or after January 1,
2019, the volume for such types of products shall be
determined by the Secretary through the use of multiple
sources of data (from mail order and non-mail order Medicare
markets), including market-based data measuring sales of
diabetic testing strip products that are not exclusively sold
by a single retailer from such markets.''; and
(B) by adding at the end the following new subparagraphs:
``(C) Demonstration of ability to furnish types of diabetic
testing strip products.--With respect to bids to furnish
diabetic testing strip products on or after January 1, 2019,
an entity shall attest to the Secretary that the entity has
the ability to obtain an inventory of the types and
quantities of diabetic testing strip products that will allow
the entity to furnish such products in a manner consistent
with its bid and--
``(i) demonstrate to the Secretary, through letters of
intent with manufacturers, wholesalers, or other suppliers,
or other evidence as the Secretary may specify, such ability;
or
``(ii) demonstrate to the Secretary that it made a good
faith attempt to obtain such a letter of intent or such other
evidence.
``(D) Use of unlisted types in calculation of percentage.--
With respect to bids to furnish diabetic testing strip
products on or after January 1, 2019, in determining under
subparagraph (A) whether a bid submitted by an entity under
such subparagraph covers 50 percent (or such higher
percentage as the Secretary may specify) of all types of
diabetic testing strip products, the Secretary may not
attribute a percentage to types of diabetic testing strip
products that the Secretary does not identify by brand,
model, and market share volume.
``(E) Adherence to demonstration.--
``(i) In general.--In the case of an entity that is
furnishing diabetic testing strip products on or after
January 1, 2019, under a contract entered into under the
competition conducted pursuant to paragraph (1), the
Secretary shall establish a process to monitor, on an ongoing
basis, the extent to which such entity continues to cover the
product types included in the entity's bid.
``(ii) Termination.--If the Secretary determines that an
entity described in clause (i) fails to maintain in
inventory, or otherwise maintain ready access to (through
requirements, contracts, or otherwise) a type of product
included in the entity's bid, the Secretary may terminate
such contract unless the Secretary finds that the failure of
the entity to maintain inventory of, or ready access to, the
product is the result of the discontinuation of the product
by the product manufacturer, a market-wide shortage of the
product, or the introduction of a newer model or version of
the product in the market involved.''.
(b) Codifying and Expanding Anti-switching Rule.--Section
1847(b) of the Social Security Act (42 U.S.C. 1395w-3(b)), as
amended by subsection (a)(1), is further amended--
(1) by redesignating paragraph (11) as paragraph (12); and
(2) by inserting after paragraph (10) the following new
paragraph:
``(11) Additional special rules in case of competition for
diabetic testing strips.--
``(A) In general.--With respect to an entity that is
furnishing diabetic testing strip products to individuals
under a contract entered into under the competitive
acquisition program established under this section, the
entity shall furnish to each individual a brand of such
products that is compatible with the home blood glucose
monitor selected by the individual.
``(B) Prohibition on influencing and incentivizing.--An
entity described in subparagraph (A) may not attempt to
influence or incentivize an individual to switch the brand of
glucose monitor or diabetic testing strip product selected by
the individual, including by--
``(i) persuading, pressuring, or advising the individual to
switch; or
``(ii) furnishing information about alternative brands to
the individual where the individual has not requested such
information.
``(C) Provision of information.--
``(i) Standardized information.--Not later than January 1,
2019, the Secretary shall develop and make available to
entities described in subparagraph (A) standardized
information that describes the rights of an individual with
respect to such an entity. The information described in the
preceding sentence shall include information regarding--
``(I) the requirements established under subparagraphs (A)
and (B);
``(II) the right of the individual to purchase diabetic
testing strip products from another mail order supplier of
such products or a retail pharmacy if the entity is not able
to furnish the brand of such product that is compatible with
the home blood glucose monitor selected by the individual;
and
``(III) the right of the individual to return diabetic
testing strip products furnished to the individual by the
entity.
``(ii) Requirement.--With respect to diabetic testing strip
products furnished on or after the date on which the
Secretary develops the standardized information under clause
(i), an entity described in subparagraph (A) may not
communicate directly to an individual until the entity has
verbally provided the individual with such standardized
information.
``(D) Order refills.--With respect to diabetic testing
strip products furnished on or after January 1, 2019, the
Secretary shall require an entity furnishing diabetic testing
strip products to an individual to contact and receive a
request from the individual for such products not more than
14 days prior to dispensing a refill of such products to the
individual.''.
(c) Implementation; Non-application of the Paperwork
Reduction Act.--
(1) Implementation.--Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement
the provisions of, and amendments made by, this section by
program instruction or otherwise.
(2) Non-application of the paperwork reduction act.--
Chapter 35 of title 44, United States Code (commonly referred
to as the ``Paperwork Reduction Act of 1995''), shall not
apply to this section or the amendments made by this section.
TITLE V--OTHER HEALTH EXTENDERS
SEC. 50501. EXTENSION FOR FAMILY-TO-FAMILY HEALTH INFORMATION
CENTERS.
Section 501(c) of the Social Security Act (42 U.S.C.
701(c)) is amended--
(1) in paragraph (1)(A)--
(A) in clause (v), by striking ``and'' at the end;
(B) in clause (vi), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vii) $6,000,000 for each of fiscal years 2018 and
2019.'';
(2) in paragraph (3)(C), by inserting before the period the
following: ``, and with respect to fiscal years 2018 and
2019, such centers shall also be developed in all territories
and at least one such center shall be developed for Indian
tribes''; and
(3) by amending paragraph (5) to read as follows:
``(5) For purposes of this subsection--
``(A) the term `Indian tribe' has the meaning given such
term in section 4 of the Indian Health Care Improvement Act
(25 U.S.C. 1603);
``(B) the term `State' means each of the 50 States and the
District of Columbia; and
``(C) the term `territory' means Puerto Rico, Guam,
American Samoa, the Virgin Islands, and the Northern Mariana
Islands.''.
SEC. 50502. EXTENSION FOR SEXUAL RISK AVOIDANCE EDUCATION.
(a) In General.--Section 510 of the Social Security Act (42
U.S.C. 710) is amended to read as follows:
``SEC. 510. SEXUAL RISK AVOIDANCE EDUCATION.
``(a) In General.--
``(1) Allotments to states.--For the purpose described in
subsection (b), the Secretary shall, for each of fiscal years
2018 and 2019, allot to each State which has transmitted an
application for the fiscal year under section 505(a) an
amount equal to the product of--
``(A) the amount appropriated pursuant to subsection (e)(1)
for the fiscal year, minus the amount reserved under
subsection (e)(2) for the fiscal year; and
``(B) the proportion that the number of low-income children
in the State bears to the total of such numbers of children
for all the States.
``(2) Other allotments.--
``(A) Other entities.--For the purpose described in
subsection (b), the Secretary shall, for each of fiscal years
2018 and 2019, for any State which has not transmitted an
application for the fiscal year under section 505(a), allot
to one or more entities in the State the amount that would
have been allotted to the State under paragraph (1) if the
State had submitted such an application.
``(B) Process.--The Secretary shall select the recipients
of allotments under subparagraph (A) by means of a
competitive grant process under which--
``(i) not later than 30 days after the deadline for the
State involved to submit an application for the fiscal year
under section 505(a), the Secretary publishes a notice
soliciting grant applications; and
``(ii) not later than 120 days after such deadline, all
such applications must be submitted.
``(b) Purpose.--
``(1) In general.--Except for research under paragraph (5)
and information collection and reporting under paragraph (6),
the purpose of an allotment under subsection (a) to a State
(or to another entity in the State pursuant to subsection
(a)(2)) is to enable the State or other entity to implement
education exclusively on sexual risk avoidance (meaning
voluntarily refraining from sexual activity).
``(2) Required components.--Education on sexual risk
avoidance pursuant to an allotment under this section shall--
``(A) ensure that the unambiguous and primary emphasis and
context for each topic described in paragraph (3) is a
message to youth that normalizes the optimal health behavior
of avoiding nonmarital sexual activity;
``(B) be medically accurate and complete;
``(C) be age-appropriate;
``(D) be based on adolescent learning and developmental
theories for the age group receiving the education; and
``(E) be culturally appropriate, recognizing the
experiences of youth from diverse communities, backgrounds,
and experiences.
``(3) Topics.--Education on sexual risk avoidance pursuant
to an allotment under this section shall address each of the
following topics:
``(A) The holistic individual and societal benefits
associated with personal responsibility, self-regulation,
goal setting, healthy decisionmaking, and a focus on the
future.
``(B) The advantage of refraining from nonmarital sexual
activity in order to improve the future prospects and
physical and emotional health of youth.
[[Page H1044]]
``(C) The increased likelihood of avoiding poverty when
youth attain self-sufficiency and emotional maturity before
engaging in sexual activity.
``(D) The foundational components of healthy relationships
and their impact on the formation of healthy marriages and
safe and stable families.
``(E) How other youth risk behaviors, such as drug and
alcohol usage, increase the risk for teen sex.
``(F) How to resist and avoid, and receive help regarding,
sexual coercion and dating violence, recognizing that even
with consent teen sex remains a youth risk behavior.
``(4) Contraception.--Education on sexual risk avoidance
pursuant to an allotment under this section shall ensure
that--
``(A) any information provided on contraception is
medically accurate and complete and ensures that students
understand that contraception offers physical risk reduction,
but not risk elimination; and
``(B) the education does not include demonstrations,
simulations, or distribution of contraceptive devices.
``(5) Research.--
``(A) In general.--A State or other entity receiving an
allotment pursuant to subsection (a) may use up to 20 percent
of such allotment to build the evidence base for sexual risk
avoidance education by conducting or supporting research.
``(B) Requirements.--Any research conducted or supported
pursuant to subparagraph (A) shall be--
``(i) rigorous;
``(ii) evidence-based; and
``(iii) designed and conducted by independent researchers
who have experience in conducting and publishing research in
peer-reviewed outlets.
``(6) Information collection and reporting.--A State or
other entity receiving an allotment pursuant to subsection
(a) shall, as specified by the Secretary--
``(A) collect information on the programs and activities
funded through the allotment; and
``(B) submit reports to the Secretary on the data from such
programs and activities.
``(c) National Evaluation.--
``(1) In general.--The Secretary shall--
``(A) in consultation with appropriate State and local
agencies, conduct one or more rigorous evaluations of the
education funded through this section and associated data;
and
``(B) submit a report to the Congress on the results of
such evaluations, together with a summary of the information
collected pursuant to subsection (b)(6).
``(2) Consultation.--In conducting the evaluations required
by paragraph (1), including the establishment of rigorous
evaluation methodologies, the Secretary shall consult with
relevant stakeholders and evaluation experts.
``(d) Applicability of Certain Provisions.--
``(1) Sections 503, 507, and 508 apply to allotments under
subsection (a) to the same extent and in the same manner as
such sections apply to allotments under section 502(c).
``(2) Sections 505 and 506 apply to allotments under
subsection (a) to the extent determined by the Secretary to
be appropriate.
``(e) Definitions.--In this section:
``(1) The term `age-appropriate' means suitable (in terms
of topics, messages, and teaching methods) to the
developmental and social maturity of the particular age or
age group of children or adolescents, based on developing
cognitive, emotional, and behavioral capacity typical for the
age or age group.
``(2) The term `medically accurate and complete' means
verified or supported by the weight of research conducted in
compliance with accepted scientific methods and--
``(A) published in peer-reviewed journals, where
applicable; or
``(B) comprising information that leading professional
organizations and agencies with relevant expertise in the
field recognize as accurate, objective, and complete.
``(3) The term `rigorous', with respect to research or
evaluation, means using--
``(A) established scientific methods for measuring the
impact of an intervention or program model in changing
behavior (specifically sexual activity or other sexual risk
behaviors), or reducing pregnancy, among youth; or
``(B) other evidence-based methodologies established by the
Secretary for purposes of this section.
``(4) The term `youth' refers to one or more individuals
who have attained age 10 but not age 20.
``(f) Funding.--
``(1) In general.--To carry out this section, there is
appropriated, out of any money in the Treasury not otherwise
appropriated, $75,000,000 for each of fiscal years 2018 and
2019.
``(2) Reservation.--The Secretary shall reserve, for each
of fiscal years 2018 and 2019, not more than 20 percent of
the amount appropriated pursuant to paragraph (1) for
administering the program under this section, including the
conducting of national evaluations and the provision of
technical assistance to the recipients of allotments.''.
(b) Effective Date.--The amendment made by this section
shall take effect as if enacted on October 1, 2017.
SEC. 50503. EXTENSION FOR PERSONAL RESPONSIBILITY EDUCATION.
(a) In General.--Section 513 of the Social Security Act (42
U.S.C. 713) is amended--
(1) in subsection (a)(1)(A), by striking ``2017'' and
inserting ``2019''; and
(2) in subsection (a)(4)--
(A) in subparagraph (A), by striking ``2017'' each place it
appears and inserting ``2019''; and
(B) in subparagraph (B)--
(i) in the subparagraph heading, by striking ``3-year
grants'' and inserting ``Competitive prep grants''; and
(ii) in clause (i), by striking ``solicit applications to
award 3-year grants in each of fiscal years 2012 through
2017'' and inserting ``continue through fiscal year 2019
grants awarded for any of fiscal years 2015 through 2017'';
(3) in subsection (c)(1), by inserting after ``youth with
HIV/AIDS,'' the following: ``victims of human trafficking,'';
and
(4) in subsection (f), by striking ``2017'' and inserting
``2019''.
(b) Effective Date.--The amendments made by this section
shall take effect as if enacted on October 1, 2017.
TITLE VI--CHILD AND FAMILY SERVICES AND SUPPORTS EXTENDERS
Subtitle A--Continuing the Maternal, Infant, and Early Childhood Home
Visiting Program
SEC. 50601. CONTINUING EVIDENCE-BASED HOME VISITING PROGRAM.
Section 511(j)(1)(H) of the Social Security Act (42 U.S.C.
711(j)(1)(H)) is amended by striking ``fiscal year 2017'' and
inserting ``each of fiscal years 2017 through 2022''.
SEC. 50602. CONTINUING TO DEMONSTRATE RESULTS TO HELP
FAMILIES.
(a) Require Service Delivery Models To Demonstrate
Improvement in Applicable Benchmark Areas.--Section 511 of
the Social Security Act (42 U.S.C. 711) is amended in each of
subsections (d)(1)(A) and (h)(4)(A) by striking ``each of''.
(b) Demonstration of Improvements in Subsequent Years.--
Section 511(d)(1) of such Act (42 U.S.C. 711(d)(1)) is
amended by adding at the end the following:
``(D) Demonstration of improvements in subsequent years.--
``(i) Continued measurement of improvement in applicable
benchmark areas.--The eligible entity, after demonstrating
improvements for eligible families as specified in
subparagraphs (A) and (B), shall continue to track and
report, not later than 30 days after the end of fiscal year
2020 and every 3 years thereafter, information demonstrating
that the program results in improvements for the eligible
families participating in the program in at least 4 of the
areas specified in subparagraph (A) that the service delivery
model or models selected by the entity are intended to
improve.
``(ii) Corrective action plan.--If the eligible entity
fails to demonstrate improvement in at least 4 of the areas
specified in subparagraph (A), as compared to eligible
families who do not receive services under an early childhood
home visitation program, the entity shall develop and
implement a plan to improve outcomes in each of the areas
specified in subparagraph (A) that the service delivery model
or models selected by the entity are intended to improve,
subject to approval by the Secretary. The plan shall include
provisions for the Secretary to monitor implementation of the
plan and conduct continued oversight of the program,
including through submission by the entity of regular reports
to the Secretary.
``(iii) Technical assistance.--The Secretary shall provide
an eligible entity required to develop and implement an
improvement plan under clause (ii) with technical assistance
to develop and implement the plan. The Secretary may provide
the technical assistance directly or through grants,
contracts, or cooperative agreements.
``(iv) No improvement or failure to submit report.--If the
Secretary determines after a period of time specified by the
Secretary that an eligible entity implementing an improvement
plan under clause (ii) has failed to demonstrate any
improvement in at least 4 of the areas specified in
subparagraph (A), or if the Secretary determines that an
eligible entity has failed to submit the report required by
clause (i), the Secretary shall terminate the grant made to
the entity under this section and may include any unexpended
grant funds in grants made to nonprofit organizations under
subsection (h)(2)(B).''.
(c) Including Information on Applicable Benchmarks in
Application.--Section 511(e)(5) of such Act (42 U.S.C.
711(e)(5)) is amended by inserting ``that the service
delivery model or models selected by the entity are intended
to improve'' before the period at the end.
SEC. 50603. REVIEWING STATEWIDE NEEDS TO TARGET RESOURCES.
Section 511(b)(1) of the Social Security Act (42 U.S.C.
711(b)(1)) is amended by striking ``Not later than'' and all
that follows through ``section 505(a))'' and inserting ``Each
State shall, as a condition of receiving payments from an
allotment for the State under section 502, conduct a
statewide needs assessment (which may be separate from but in
coordination with the statewide needs assessment required
under section 505(a) and which shall be reviewed and updated
by the State not later than October 1, 2020)''.
SEC. 50604. IMPROVING THE LIKELIHOOD OF SUCCESS IN HIGH-RISK
COMMUNITIES.
Section 511(d)(4)(A) of the Social Security Act (42 U.S.C.
711(d)(4)(A)) is amended by inserting ``, taking into account
the staffing, community resource, and other requirements to
operate at least one approved model of home visiting and
demonstrate improvements for eligible families'' before the
period.
SEC. 50605. OPTION TO FUND EVIDENCE-BASED HOME VISITING ON A
PAY FOR OUTCOME BASIS.
(a) In General.--Section 511(c) of the Social Security Act
(42 U.S.C. 711(c)) is amended by redesignating paragraphs (3)
and (4) as paragraphs (4) and (5), respectively, and by
inserting after paragraph (2) the following:
``(3) Authority to use grant for a pay for outcomes
initiative.--An eligible entity to which a grant is made
under paragraph (1) may use up to 25 percent of the grant for
outcomes or success payments related to a pay for outcomes
initiative that will not result in a reduction of funding for
services delivered by the entity under a childhood home
visitation program
[[Page H1045]]
under this section while the eligible entity develops or
operates such an initiative.''.
(b) Definition of Pay for Outcomes Initiative.--Section
511(k) of such Act (42 U.S.C. 711(k)) is amended by adding at
the end the following:
``(4) Pay for outcomes initiative.--The term `pay for
outcomes initiative' means a performance-based grant,
contract, cooperative agreement, or other agreement awarded
by a public entity in which a commitment is made to pay for
improved outcomes achieved as a result of the intervention
that result in social benefit and direct cost savings or cost
avoidance to the public sector. Such an initiative shall
include--
``(A) a feasibility study that describes how the proposed
intervention is based on evidence of effectiveness;
``(B) a rigorous, third-party evaluation that uses
experimental or quasi-experimental design or other research
methodologies that allow for the strongest possible causal
inferences to determine whether the initiative has met its
proposed outcomes as a result of the intervention;
``(C) an annual, publicly available report on the progress
of the initiative; and
``(D) a requirement that payments are made to the recipient
of a grant, contract, or cooperative agreement only when
agreed upon outcomes are achieved, except that this
requirement shall not apply with respect to payments to a
third party conducting the evaluation described in
subparagraph (B).''.
(c) Extended Availability of Funds.--Section 511(j)(3) of
such Act (42 U.S.C. 711(j)(3)) is amended--
(1) by striking ``(3) Availability.--Funds'' and inserting
the following:
``(3) Availability.--
``(A) In general.--Except as provided in subparagraph (B),
funds''; and
(2) by adding at the end the following:
``(B) Funds for pay for outcomes initiatives.--Funds made
available to an eligible entity under this section for a
fiscal year (or portion of a fiscal year) for a pay for
outcomes initiative shall remain available for expenditure by
the eligible entity for not more than 10 years after the
funds are so made available.''.
SEC. 50606. DATA EXCHANGE STANDARDS FOR IMPROVED
INTEROPERABILITY.
(a) In General.--Section 511(h) of the Social Security Act
(42 U.S.C. 711(h)) is amended by adding at the end the
following:
``(5) Data exchange standards for improved
interoperability.--
``(A) Designation and use of data exchange standards.--
``(i) Designation.--The head of the department or agency
responsible for administering a program funded under this
section shall, in consultation with an interagency work group
established by the Office of Management and Budget and
considering State government perspectives, designate data
exchange standards for necessary categories of information
that a State agency operating the program is required to
electronically exchange with another State agency under
applicable Federal law.
``(ii) Data exchange standards must be nonproprietary and
interoperable.--The data exchange standards designated under
clause (i) shall, to the extent practicable, be
nonproprietary and interoperable.
``(iii) Other requirements.--In designating data exchange
standards under this paragraph, the Secretary shall, to the
extent practicable, incorporate--
``(I) interoperable standards developed and maintained by
an international voluntary consensus standards body, as
defined by the Office of Management and Budget;
``(II) interoperable standards developed and maintained by
intergovernmental partnerships, such as the National
Information Exchange Model; and
``(III) interoperable standards developed and maintained by
Federal entities with authority over contracting and
financial assistance.
``(B) Data exchange standards for federal reporting.--
``(i) Designation.--The head of the department or agency
responsible for administering a program referred to in this
section shall, in consultation with an interagency work group
established by the Office of Management and Budget, and
considering State government perspectives, designate data
exchange standards to govern Federal reporting and exchange
requirements under applicable Federal law.
``(ii) Requirements.--The data exchange reporting standards
required by clause (i) shall, to the extent practicable--
``(I) incorporate a widely accepted, nonproprietary,
searchable, computer-readable format;
``(II) be consistent with and implement applicable
accounting principles;
``(III) be implemented in a manner that is cost-effective
and improves program efficiency and effectiveness; and
``(IV) be capable of being continually upgraded as
necessary.
``(iii) Incorporation of nonproprietary standards.--In
designating data exchange standards under this paragraph, the
Secretary shall, to the extent practicable, incorporate
existing nonproprietary standards, such as the eXtensible
Mark up Language.
``(iv) Rule of construction.--Nothing in this paragraph
shall be construed to require a change to existing data
exchange standards for Federal reporting about a program
referred to in this section, if the head of the department or
agency responsible for administering the program finds the
standards to be effective and efficient.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is 2 years after the date
of enactment of this Act.
SEC. 50607. ALLOCATION OF FUNDS.
Section 511(j) of the Social Security Act (42 U.S.C.
711(j)) is amended by adding at the end the following:
``(4) Allocation of funds.--To the extent that the grant
amount awarded under this section to an eligible entity is
determined on the basis of relative population or poverty
considerations, the Secretary shall make the determination
using the most accurate Federal data available for the
eligible entity.''.
Subtitle B--Extension of Health Professions Workforce Demonstration
Projects
SEC. 50611. EXTENSION OF HEALTH WORKFORCE DEMONSTRATION
PROJECTS FOR LOW-INCOME INDIVIDUALS.
Section 2008(c)(1) of the Social Security Act (42 U.S.C.
1397g(c)(1)) is amended by striking ``2017'' and inserting
``2019''.
TITLE VII--FAMILY FIRST PREVENTION SERVICES ACT
Subtitle A--Investing in Prevention and Supporting Families
SEC. 50701. SHORT TITLE.
This subtitle may be cited as the ``Bipartisan Budget Act
of 2018''.
SEC. 50702. PURPOSE.
The purpose of this subtitle is to enable States to use
Federal funds available under parts B and E of title IV of
the Social Security Act to provide enhanced support to
children and families and prevent foster care placements
through the provision of mental health and substance abuse
prevention and treatment services, in-home parent skill-based
programs, and kinship navigator services.
PART I--PREVENTION ACTIVITIES UNDER TITLE IV-E
SEC. 50711. FOSTER CARE PREVENTION SERVICES AND PROGRAMS.
(a) State Option.--Section 471 of the Social Security Act
(42 U.S.C. 671) is amended--
(1) in subsection (a)(1), by striking ``and'' and all that
follows through the semicolon and inserting ``, adoption
assistance in accordance with section 473, and, at the option
of the State, services or programs specified in subsection
(e)(1) of this section for children who are candidates for
foster care or who are pregnant or parenting foster youth and
the parents or kin caregivers of the children, in accordance
with the requirements of that subsection;''; and
(2) by adding at the end the following:
``(e) Prevention and Family Services and Programs.--
``(1) In general.--Subject to the succeeding provisions of
this subsection, the Secretary may make a payment to a State
for providing the following services or programs for a child
described in paragraph (2) and the parents or kin caregivers
of the child when the need of the child, such a parent, or
such a caregiver for the services or programs are directly
related to the safety, permanence, or well-being of the child
or to preventing the child from entering foster care:
``(A) Mental health and substance abuse prevention and
treatment services.--Mental health and substance abuse
prevention and treatment services provided by a qualified
clinician for not more than a 12-month period that begins on
any date described in paragraph (3) with respect to the
child.
``(B) In-home parent skill-based programs.--In-home parent
skill-based programs for not more than a 12-month period that
begins on any date described in paragraph (3) with respect to
the child and that include parenting skills training, parent
education, and individual and family counseling.
``(2) Child described.--For purposes of paragraph (1), a
child described in this paragraph is the following:
``(A) A child who is a candidate for foster care (as
defined in section 475(13)) but can remain safely at home or
in a kinship placement with receipt of services or programs
specified in paragraph (1).
``(B) A child in foster care who is a pregnant or parenting
foster youth.
``(3) Date described.--For purposes of paragraph (1), the
dates described in this paragraph are the following:
``(A) The date on which a child is identified in a
prevention plan maintained under paragraph (4) as a child who
is a candidate for foster care (as defined in section
475(13)).
``(B) The date on which a child is identified in a
prevention plan maintained under paragraph (4) as a pregnant
or parenting foster youth in need of services or programs
specified in paragraph (1).
``(4) Requirements related to providing services and
programs.--Services and programs specified in paragraph (1)
may be provided under this subsection only if specified in
advance in the child's prevention plan described in
subparagraph (A) and the requirements in subparagraphs (B)
through (E) are met:
``(A) Prevention plan.--The State maintains a written
prevention plan for the child that meets the following
requirements (as applicable):
``(i) Candidates.--In the case of a child who is a
candidate for foster care described in paragraph (2)(A), the
prevention plan shall--
``(I) identify the foster care prevention strategy for the
child so that the child may remain safely at home, live
temporarily with a kin caregiver until reunification can be
safely achieved, or live permanently with a kin caregiver;
``(II) list the services or programs to be provided to or
on behalf of the child to ensure the success of that
prevention strategy; and
``(III) comply with such other requirements as the
Secretary shall establish.
``(ii) Pregnant or parenting foster youth.--In the case of
a child who is a pregnant or parenting foster youth described
in paragraph (2)(B), the prevention plan shall--
``(I) be included in the child's case plan required under
section 475(1);
``(II) list the services or programs to be provided to or
on behalf of the youth to ensure that
[[Page H1046]]
the youth is prepared (in the case of a pregnant foster
youth) or able (in the case of a parenting foster youth) to
be a parent;
``(III) describe the foster care prevention strategy for
any child born to the youth; and
``(IV) comply with such other requirements as the Secretary
shall establish.
``(B) Trauma-informed.--The services or programs to be
provided to or on behalf of a child are provided under an
organizational structure and treatment framework that
involves understanding, recognizing, and responding to the
effects of all types of trauma and in accordance with
recognized principles of a trauma-informed approach and
trauma-specific interventions to address trauma's
consequences and facilitate healing.
``(C) Only services and programs provided in accordance
with promising, supported, or well-supported practices
permitted.--
``(i) In general.--Only State expenditures for services or
programs specified in subparagraph (A) or (B) of paragraph
(1) that are provided in accordance with practices that meet
the requirements specified in clause (ii) of this
subparagraph and that meet the requirements specified in
clause (iii), (iv), or (v), respectively, for being a
promising, supported, or well-supported practice, shall be
eligible for a Federal matching payment under section
474(a)(6)(A).
``(ii) General practice requirements.--The general practice
requirements specified in this clause are the following:
``(I) The practice has a book, manual, or other available
writings that specify the components of the practice protocol
and describe how to administer the practice.
``(II) There is no empirical basis suggesting that,
compared to its likely benefits, the practice constitutes a
risk of harm to those receiving it.
``(III) If multiple outcome studies have been conducted,
the overall weight of evidence supports the benefits of the
practice.
``(IV) Outcome measures are reliable and valid, and are
administrated consistently and accurately across all those
receiving the practice.
``(V) There is no case data suggesting a risk of harm that
was probably caused by the treatment and that was severe or
frequent.
``(iii) Promising practice.--A practice shall be considered
to be a `promising practice' if the practice is superior to
an appropriate comparison practice using conventional
standards of statistical significance (in terms of
demonstrated meaningful improvements in validated measures of
important child and parent outcomes, such as mental health,
substance abuse, and child safety and well-being), as
established by the results or outcomes of at least one study
that--
``(I) was rated by an independent systematic review for the
quality of the study design and execution and determined to
be well-designed and well-executed; and
``(II) utilized some form of control (such as an untreated
group, a placebo group, or a wait list study).
``(iv) Supported practice.--A practice shall be considered
to be a `supported practice' if--
``(I) the practice is superior to an appropriate comparison
practice using conventional standards of statistical
significance (in terms of demonstrated meaningful
improvements in validated measures of important child and
parent outcomes, such as mental health, substance abuse, and
child safety and well-being), as established by the results
or outcomes of at least one study that--
``(aa) was rated by an independent systematic review for
the quality of the study design and execution and determined
to be well-designed and well-executed;
``(bb) was a rigorous random-controlled trial (or, if not
available, a study using a rigorous quasi-experimental
research design); and
``(cc) was carried out in a usual care or practice setting;
and
``(II) the study described in subclause (I) established
that the practice has a sustained effect (when compared to a
control group) for at least 6 months beyond the end of the
treatment.
``(v) Well-supported practice.--A practice shall be
considered to be a `well-supported practice' if--
``(I) the practice is superior to an appropriate comparison
practice using conventional standards of statistical
significance (in terms of demonstrated meaningful
improvements in validated measures of important child and
parent outcomes, such as mental health, substance abuse, and
child safety and well-being), as established by the results
or outcomes of at least two studies that--
``(aa) were rated by an independent systematic review for
the quality of the study design and execution and determined
to be well-designed and well-executed;
``(bb) were rigorous random-controlled trials (or, if not
available, studies using a rigorous quasi-experimental
research design); and
``(cc) were carried out in a usual care or practice
setting; and
``(II) at least one of the studies described in subclause
(I) established that the practice has a sustained effect
(when compared to a control group) for at least 1 year beyond
the end of treatment.
``(D) Guidance on practices criteria and pre-approved
services and programs.--
``(i) In general.--Not later than October 1, 2018, the
Secretary shall issue guidance to States regarding the
practices criteria required for services or programs to
satisfy the requirements of subparagraph (C). The guidance
shall include a pre-approved list of services and programs
that satisfy the requirements.
``(ii) Updates.--The Secretary shall issue updates to the
guidance required by clause (i) as often as the Secretary
determines necessary.
``(E) Outcome assessment and reporting.--The State shall
collect and report to the Secretary the following information
with respect to each child for whom, or on whose behalf
mental health and substance abuse prevention and treatment
services or in-home parent skill-based programs are provided
during a 12-month period beginning on the date the child is
determined by the State to be a child described in paragraph
(2):
``(i) The specific services or programs provided and the
total expenditures for each of the services or programs.
``(ii) The duration of the services or programs provided.
``(iii) In the case of a child described in paragraph
(2)(A), the child's placement status at the beginning, and at
the end, of the 1-year period, respectively, and whether the
child entered foster care within 2 years after being
determined a candidate for foster care.
``(5) State plan component.--
``(A) In general.--A State electing to provide services or
programs specified in paragraph (1) shall submit as part of
the State plan required by subsection (a) a prevention
services and programs plan component that meets the
requirements of subparagraph (B).
``(B) Prevention services and programs plan component.--In
order to meet the requirements of this subparagraph, a
prevention services and programs plan component, with respect
to each 5-year period for which the plan component is in
operation in the State, shall include the following:
``(i) How providing services and programs specified in
paragraph (1) is expected to improve specific outcomes for
children and families.
``(ii) How the State will monitor and oversee the safety of
children who receive services and programs specified in
paragraph (1), including through periodic risk assessments
throughout the period in which the services and programs are
provided on behalf of a child and reexamination of the
prevention plan maintained for the child under paragraph (4)
for the provision of the services or programs if the State
determines the risk of the child entering foster care remains
high despite the provision of the services or programs.
``(iii) With respect to the services and programs specified
in subparagraphs (A) and (B) of paragraph (1), information on
the specific promising, supported, or well-supported
practices the State plans to use to provide the services or
programs, including a description of--
``(I) the services or programs and whether the practices
used are promising, supported, or well-supported;
``(II) how the State plans to implement the services or
programs, including how implementation of the services or
programs will be continuously monitored to ensure fidelity to
the practice model and to determine outcomes achieved and how
information learned from the monitoring will be used to
refine and improve practices;
``(III) how the State selected the services or programs;
``(IV) the target population for the services or programs;
and
``(V) how each service or program provided will be
evaluated through a well-designed and rigorous process, which
may consist of an ongoing, cross-site evaluation approved by
the Secretary.
``(iv) A description of the consultation that the State
agencies responsible for administering the State plans under
this part and part B engage in with other State agencies
responsible for administering health programs, including
mental health and substance abuse prevention and treatment
services, and with other public and private agencies with
experience in administering child and family services,
including community-based organizations, in order to foster a
continuum of care for children described in paragraph (2) and
their parents or kin caregivers.
``(v) A description of how the State shall assess children
and their parents or kin caregivers to determine eligibility
for services or programs specified in paragraph (1).
``(vi) A description of how the services or programs
specified in paragraph (1) that are provided for or on behalf
of a child and the parents or kin caregivers of the child
will be coordinated with other child and family services
provided to the child and the parents or kin caregivers of
the child under the State plans in effect under subparts 1
and 2 of part B.
``(vii) Descriptions of steps the State is taking to
support and enhance a competent, skilled, and professional
child welfare workforce to deliver trauma-informed and
evidence-based services, including--
``(I) ensuring that staff is qualified to provide services
or programs that are consistent with the promising,
supported, or well-supported practice models selected; and
``(II) developing appropriate prevention plans, and
conducting the risk assessments required under clause (iii).
``(viii) A description of how the State will provide
training and support for caseworkers in assessing what
children and their families need, connecting to the families
served, knowing how to access and deliver the needed trauma-
informed and evidence-based services, and overseeing and
evaluating the continuing appropriateness of the services.
``(ix) A description of how caseload size and type for
prevention caseworkers will be determined, managed, and
overseen.
``(x) An assurance that the State will report to the
Secretary such information and data as the Secretary may
require with respect to the provision of services and
programs specified in paragraph (1), including information
and data necessary to determine the performance measures for
the State under paragraph (6) and compliance with paragraph
(7).
``(C) Reimbursement for services under the prevention plan
component.--
``(i) Limitation.--Except as provided in subclause (ii), a
State may not receive a Federal
[[Page H1047]]
payment under this part for a given promising, supported, or
well-supported practice unless (in accordance with
subparagraph (B)(iii)(V)) the plan includes a well-designed
and rigorous evaluation strategy for that practice.
``(ii) Waiver of limitation.--The Secretary may waive the
requirement for a well-designed and rigorous evaluation of
any well-supported practice if the Secretary deems the
evidence of the effectiveness of the practice to be
compelling and the State meets the continuous quality
improvement requirements included in subparagraph
(B)(iii)(II) with regard to the practice.
``(6) Prevention services measures.--
``(A) Establishment; annual updates.--Beginning with fiscal
year 2021, and annually thereafter, the Secretary shall
establish the following prevention services measures based on
information and data reported by States that elect to provide
services and programs specified in paragraph (1):
``(i) Percentage of candidates for foster care who do not
enter foster care.--The percentage of candidates for foster
care for whom, or on whose behalf, the services or programs
are provided who do not enter foster care, including those
placed with a kin caregiver outside of foster care, during
the 12-month period in which the services or programs are
provided and through the end of the succeeding 12-month
period.
``(ii) Per-child spending.--The total amount of
expenditures made for mental health and substance abuse
prevention and treatment services or in-home parent skill-
based programs, respectively, for, or on behalf of, each
child described in paragraph (2).
``(B) Data.--The Secretary shall establish and annually
update the prevention services measures--
``(i) based on the median State values of the information
reported under each clause of subparagraph (A) for the 3 then
most recent years; and
``(ii) taking into account State differences in the price
levels of consumption goods and services using the most
recent regional price parities published by the Bureau of
Economic Analysis of the Department of Commerce or such other
data as the Secretary determines appropriate.
``(C) Publication of state prevention services measures.--
The Secretary shall annually make available to the public the
prevention services measures of each State.
``(7) Maintenance of effort for state foster care
prevention expenditures.--
``(A) In general.--If a State elects to provide services
and programs specified in paragraph (1) for a fiscal year,
the State foster care prevention expenditures for the fiscal
year shall not be less than the amount of the expenditures
for fiscal year 2014 (or, at the option of a State described
in subparagraph (E), fiscal year 2015 or fiscal year 2016
(whichever the State elects)).
``(B) State foster care prevention expenditures.--The term
`State foster care prevention expenditures' means the
following:
``(i) TANF; iv-b; ssbg.--State expenditures for foster care
prevention services and activities under the State program
funded under part A (including from amounts made available by
the Federal Government), under the State plan developed under
part B (including any such amounts), or under the Social
Services Block Grant Programs under subtitle A of title XX
(including any such amounts).
``(ii) Other state programs.--State expenditures for foster
care prevention services and activities under any State
program that is not described in clause (i) (other than any
State expenditures for foster care prevention services and
activities under the State program under this part (including
under a waiver of the program)).
``(C) State expenditures.--The term `State expenditures'
means all State or local funds that are expended by the State
or a local agency including State or local funds that are
matched or reimbursed by the Federal Government and State or
local funds that are not matched or reimbursed by the Federal
Government.
``(D) Determination of prevention services and
activities.--The Secretary shall require each State that
elects to provide services and programs specified in
paragraph (1) to report the expenditures specified in
subparagraph (B) for fiscal year 2014 and for such fiscal
years thereafter as are necessary to determine whether the
State is complying with the maintenance of effort requirement
in subparagraph (A). The Secretary shall specify the specific
services and activities under each program referred to in
subparagraph (B) that are `prevention services and
activities' for purposes of the reports.
``(E) State described.--For purposes of subparagraph (A), a
State is described in this subparagraph if the population of
children in the State in 2014 was less than 200,000 (as
determined by the United States Census Bureau).
``(8) Prohibition against use of state foster care
prevention expenditures and federal iv-e prevention funds for
matching or expenditure requirement.--A State that elects to
provide services and programs specified in paragraph (1)
shall not use any State foster care prevention expenditures
for a fiscal year for the State share of expenditures under
section 474(a)(6) for a fiscal year.
``(9) Administrative costs.--Expenditures described in
section 474(a)(6)(B)--
``(A) shall not be eligible for payment under subparagraph
(A), (B), or (E) of section 474(a)(3); and
``(B) shall be eligible for payment under section
474(a)(6)(B) without regard to whether the expenditures are
incurred on behalf of a child who is, or is potentially,
eligible for foster care maintenance payments under this
part.
``(10) Application.--
``(A) In general.--The provision of services or programs
under this subsection to or on behalf of a child described in
paragraph (2) shall not be considered to be receipt of aid or
assistance under the State plan under this part for purposes
of eligibility for any other program established under this
Act.
``(B) Candidates in kinship care.--A child described in
paragraph (2) for whom such services or programs under this
subsection are provided for more than 6 months while in the
home of a kin caregiver, and who would satisfy the AFDC
eligibility requirement of section 472(a)(3)(A)(ii)(II) but
for residing in the home of the caregiver for more than 6
months, is deemed to satisfy that requirement for purposes of
determining whether the child is eligible for foster care
maintenance payments under section 472.''.
(b) Definition.--Section 475 of such Act (42 U.S.C. 675) is
amended by adding at the end the following:
``(13) The term `child who is a candidate for foster care'
means, a child who is identified in a prevention plan under
section 471(e)(4)(A) as being at imminent risk of entering
foster care (without regard to whether the child would be
eligible for foster care maintenance payments under section
472 or is or would be eligible for adoption assistance or
kinship guardianship assistance payments under section 473)
but who can remain safely in the child's home or in a kinship
placement as long as services or programs specified in
section 471(e)(1) that are necessary to prevent the entry of
the child into foster care are provided. The term includes a
child whose adoption or guardianship arrangement is at risk
of a disruption or dissolution that would result in a foster
care placement.''.
(c) Payments Under Title IV-E.--Section 474(a) of such Act
(42 U.S.C. 674(a)) is amended--
(1) in paragraph (5), by striking the period at the end and
inserting ``; plus''; and
(2) by adding at the end the following:
``(6) subject to section 471(e)--
``(A) for each quarter--
``(i) subject to clause (ii)--
``(I) beginning after September 30, 2019, and before
October 1, 2026, an amount equal to 50 percent of the total
amount expended during the quarter for the provision of
services or programs specified in subparagraph (A) or (B) of
section 471(e)(1) that are provided in accordance with
promising, supported, or well-supported practices that meet
the applicable criteria specified for the practices in
section 471(e)(4)(C); and
``(II) beginning after September 30, 2026, an amount equal
to the Federal medical assistance percentage (which shall be
as defined in section 1905(b), in the case of a State other
than the District of Columbia, or 70 percent, in the case of
the District of Columbia) of the total amount expended during
the quarter for the provision of services or programs
specified in subparagraph (A) or (B) of section 471(e)(1)
that are provided in accordance with promising, supported, or
well-supported practices that meet the applicable criteria
specified for the practices in section 471(e)(4)(C) (or, with
respect to the payments made during the quarter under a
cooperative agreement or contract entered into by the State
and an Indian tribe, tribal organization, or tribal
consortium for the administration or payment of funds under
this part, an amount equal to the Federal medical assistance
percentage that would apply under section 479B(d) (in this
paragraph referred to as the `tribal FMAP') if the Indian
tribe, tribal organization, or tribal consortium made the
payments under a program operated under that section, unless
the tribal FMAP is less than the Federal medical assistance
percentage that applies to the State); except that
``(ii) not less than 50 percent of the total amount
expended by a State under clause (i) for a fiscal year shall
be for the provision of services or programs specified in
subparagraph (A) or (B) of section 471(e)(1) that are
provided in accordance with well-supported practices; plus
``(B) for each quarter specified in subparagraph (A), an
amount equal to the sum of the following proportions of the
total amount expended during the quarter--
``(i) 50 percent of so much of the expenditures as are
found necessary by the Secretary for the proper and efficient
administration of the State plan for the provision of
services or programs specified in section 471(e)(1),
including expenditures for activities approved by the
Secretary that promote the development of necessary processes
and procedures to establish and implement the provision of
the services and programs for individuals who are eligible
for the services and programs and expenditures attributable
to data collection and reporting; and
``(ii) 50 percent of so much of the expenditures with
respect to the provision of services and programs specified
in section 471(e)(1) as are for training of personnel
employed or preparing for employment by the State agency or
by the local agency administering the plan in the political
subdivision and of the members of the staff of State-licensed
or State-approved child welfare agencies providing services
to children described in section 471(e)(2) and their parents
or kin caregivers, including on how to determine who are
individuals eligible for the services or programs, how to
identify and provide appropriate services and programs, and
how to oversee and evaluate the ongoing appropriateness of
the services and programs.''.
(d) Technical Assistance and Best Practices, Clearinghouse,
and Data Collection and Evaluations.--Section 476 of such Act
(42 U.S.C. 676) is amended by adding at the end the
following:
``(d) Technical Assistance and Best Practices,
Clearinghouse, Data Collection, and Evaluations Relating to
Prevention Services and Programs.--
``(1) Technical assistance and best practices.--The
Secretary shall provide to States and, as applicable, to
Indian tribes, tribal organizations, and tribal consortia,
technical assistance regarding the provision of services and
[[Page H1048]]
programs described in section 471(e)(1) and shall disseminate
best practices with respect to the provision of the services
and programs, including how to plan and implement a well-
designed and rigorous evaluation of a promising, supported,
or well-supported practice.
``(2) Clearinghouse of promising, supported, and well-
supported practices.--The Secretary shall, directly or
through grants, contracts, or interagency agreements,
evaluate research on the practices specified in clauses
(iii), (iv), and (v), respectively, of section 471(e)(4)(C),
and programs that meet the requirements described in section
427(a)(1), including culturally specific, or location- or
population-based adaptations of the practices, to identify
and establish a public clearinghouse of the practices that
satisfy each category described by such clauses. In addition,
the clearinghouse shall include information on the specific
outcomes associated with each practice, including whether the
practice has been shown to prevent child abuse and neglect
and reduce the likelihood of foster care placement by
supporting birth families and kinship families and improving
targeted supports for pregnant and parenting youth and their
children.
``(3) Data collection and evaluations.--The Secretary,
directly or through grants, contracts, or interagency
agreements, may collect data and conduct evaluations with
respect to the provision of services and programs described
in section 471(e)(1) for purposes of assessing the extent to
which the provision of the services and programs--
``(A) reduces the likelihood of foster care placement;
``(B) increases use of kinship care arrangements; or
``(C) improves child well-being.
``(4) Reports to congress.--
``(A) In general.--The Secretary shall submit to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives periodic reports
based on the provision of services and programs described in
section 471(e)(1) and the activities carried out under this
subsection.
``(B) Public availability.--The Secretary shall make the
reports to Congress submitted under this paragraph publicly
available.
``(5) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated to the Secretary $1,000,000 for fiscal year 2018
and each fiscal year thereafter to carry out this
subsection.''.
(e) Application to Programs Operated by Indian Tribal
Organizations.--
(1) In general.--Section 479B of such Act (42 U.S.C. 679c)
is amended--
(A) in subsection (c)(1)--
(i) in subparagraph (C)(i)--
(I) in subclause (II), by striking ``and'' after the
semicolon;
(II) in subclause (III), by striking the period at the end
and inserting ``; and''; and
(III) by adding at the end the following:
``(IV) at the option of the tribe, organization, or
consortium, services and programs specified in section
471(e)(1) to children described in section 471(e)(2) and
their parents or kin caregivers, in accordance with section
471(e) and subparagraph (E).''; and
(ii) by adding at the end the following:
``(E) Prevention services and programs for children and
their parents and kin caregivers.--
``(i) In general.--In the case of a tribe, organization, or
consortium that elects to provide services and programs
specified in section 471(e)(1) to children described in
section 471(e)(2) and their parents or kin caregivers under
the plan, the Secretary shall specify the requirements
applicable to the provision of the services and programs. The
requirements shall, to the greatest extent practicable, be
consistent with the requirements applicable to States under
section 471(e) and shall permit the provision of the services
and programs in the form of services and programs that are
adapted to the culture and context of the tribal communities
served.
``(ii) Performance measures.--The Secretary shall establish
specific performance measures for each tribe, organization,
or consortium that elects to provide services and programs
specified in section 471(e)(1). The performance measures
shall, to the greatest extent practicable, be consistent with
the prevention services measures required for States under
section 471(e)(6) but shall allow for consideration of
factors unique to the provision of the services by tribes,
organizations, or consortia.''; and
(B) in subsection (d)(1), by striking ``and (5)'' and
inserting ``(5), and (6)(A)''.
(2) Conforming amendment.--The heading for subsection (d)
of section 479B of such Act (42 U.S.C. 679c) is amended by
striking ``for Foster Care Maintenance and Adoption
Assistance Payments''.
(f) Application to Programs Operated by Territories.--
Section 1108(a)(2) of the Social Security Act (42 U.S.C.
1308(a)(2)) is amended by striking ``or 413(f)'' and
inserting ``413(f), or 474(a)(6)''.
SEC. 50712. FOSTER CARE MAINTENANCE PAYMENTS FOR CHILDREN
WITH PARENTS IN A LICENSED RESIDENTIAL FAMILY-
BASED TREATMENT FACILITY FOR SUBSTANCE ABUSE.
(a) In General.--Section 472 of the Social Security Act (42
U.S.C. 672) is amended--
(1) in subsection (a)(2)(C), by striking ``or'' and
inserting ``, with a parent residing in a licensed
residential family-based treatment facility, but only to the
extent permitted under subsection (j), or in a''; and
(2) by adding at the end the following:
``(j) Children Placed With a Parent Residing in a Licensed
Residential Family-Based Treatment Facility for Substance
Abuse.--
``(1) In general.--Notwithstanding the preceding provisions
of this section, a child who is eligible for foster care
maintenance payments under this section, or who would be
eligible for the payments if the eligibility were determined
without regard to paragraphs (1)(B) and (3) of subsection
(a), shall be eligible for the payments for a period of not
more than 12 months during which the child is placed with a
parent who is in a licensed residential family-based
treatment facility for substance abuse, but only if--
``(A) the recommendation for the placement is specified in
the child's case plan before the placement;
``(B) the treatment facility provides, as part of the
treatment for substance abuse, parenting skills training,
parent education, and individual and family counseling; and
``(C) the substance abuse treatment, parenting skills
training, parent education, and individual and family
counseling is provided under an organizational structure and
treatment framework that involves understanding, recognizing,
and responding to the effects of all types of trauma and in
accordance with recognized principles of a trauma-informed
approach and trauma-specific interventions to address the
consequences of trauma and facilitate healing.
``(2) Application.--With respect to children for whom
foster care maintenance payments are made under paragraph
(1), only the children who satisfy the requirements of
paragraphs (1)(B) and (3) of subsection (a) shall be
considered to be children with respect to whom foster care
maintenance payments are made under this section for purposes
of subsection (h) or section 473(b)(3)(B).''.
(b) Conforming Amendment.--Section 474(a)(1) of such Act
(42 U.S.C. 674(a)(1)) is amended by inserting ``subject to
section 472(j),'' before ``an amount equal to the Federal''
the first place it appears.
SEC. 50713. TITLE IV-E PAYMENTS FOR EVIDENCE-BASED KINSHIP
NAVIGATOR PROGRAMS.
Section 474(a) of the Social Security Act (42 U.S.C.
674(a)), as amended by section 50711(c), is amended--
(1) in paragraph (6), by striking the period at the end and
inserting ``; plus''; and
(2) by adding at the end the following:
``(7) an amount equal to 50 percent of the amounts expended
by the State during the quarter as the Secretary determines
are for kinship navigator programs that meet the requirements
described in section 427(a)(1) and that the Secretary
determines are operated in accordance with promising,
supported, or well-supported practices that meet the
applicable criteria specified for the practices in section
471(e)(4)(C), without regard to whether the expenditures are
incurred on behalf of children who are, or are potentially,
eligible for foster care maintenance payments under this
part.''.
PART II--ENHANCED SUPPORT UNDER TITLE IV-B
SEC. 50721. ELIMINATION OF TIME LIMIT FOR FAMILY
REUNIFICATION SERVICES WHILE IN FOSTER CARE AND
PERMITTING TIME-LIMITED FAMILY REUNIFICATION
SERVICES WHEN A CHILD RETURNS HOME FROM FOSTER
CARE.
(a) In General.--Section 431(a)(7) of the Social Security
Act (42 U.S.C. 629a(a)(7)) is amended--
(1) in the paragraph heading, by striking ``Time-limited
family'' and inserting ``Family''; and
(2) in subparagraph (A)--
(A) by striking ``time-limited family'' and inserting
``family'';
(B) by inserting ``or a child who has been returned home''
after ``child care institution''; and
(C) by striking ``, but only during the 15-month period
that begins on the date that the child, pursuant to section
475(5)(F), is considered to have entered foster care'' and
inserting ``and to ensure the strength and stability of the
reunification. In the case of a child who has been returned
home, the services and activities shall only be provided
during the 15-month period that begins on the date that the
child returns home''.
(b) Conforming Amendments.--
(1) Section 430 of such Act (42 U.S.C. 629) is amended in
the matter preceding paragraph (1), by striking ``time-
limited''.
(2) Subsections (a)(4), (a)(5)(A), and (b)(1) of section
432 of such Act (42 U.S.C. 629b) are amended by striking
``time-limited'' each place it appears.
SEC. 50722. REDUCING BUREAUCRACY AND UNNECESSARY DELAYS WHEN
PLACING CHILDREN IN HOMES ACROSS STATE LINES.
(a) State Plan Requirement.--Section 471(a)(25) of the
Social Security Act (42 U.S.C. 671(a)(25)) is amended--
(1) by striking ``provide'' and inserting ``provides''; and
(2) by inserting ``, which, in the case of a State other
than the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, or American Samoa, not later than
October 1, 2027, shall include the use of an electronic
interstate case-processing system'' before the first
semicolon.
(b) Exemption of Indian Tribes.--Section 479B(c) of such
Act (42 U.S.C. 679c(c)) is amended by adding at the end the
following:
``(4) Inapplicability of state plan requirement to have in
effect procedures providing for the use of an electronic
interstate case-processing system.--.The requirement in
section 471(a)(25) that a State plan provide that the State
shall have in effect procedures providing for the use of an
electronic interstate
[[Page H1049]]
case-processing system shall not apply to an Indian tribe,
tribal organization, or tribal consortium that elects to
operate a program under this part.''.
(c) Funding for the Development of an Electronic Interstate
Case-processing System to Expedite the Interstate Placement
of Children in Foster Care or Guardianship, or for
Adoption.--Section 437 of such Act (42 U.S.C. 629g) is
amended by adding at the end the following:
``(g) Funding for the Development of an Electronic
Interstate Case-processing System to Expedite the Interstate
Placement of Children in Foster Care or Guardianship, or for
Adoption.--
``(1) Purpose.--The purpose of this subsection is to
facilitate the development of an electronic interstate case-
processing system for the exchange of data and documents to
expedite the placements of children in foster, guardianship,
or adoptive homes across State lines.
``(2) Requirements.--A State that seeks funding under this
subsection shall submit to the Secretary the following:
``(A) A description of the goals and outcomes to be
achieved, which goals and outcomes must result in--
``(i) reducing the time it takes for a child to be provided
with a safe and appropriate permanent living arrangement
across State lines;
``(ii) improving administrative processes and reducing
costs in the foster care system; and
``(iii) the secure exchange of relevant case files and
other necessary materials in real time, and timely
communications and placement decisions regarding interstate
placements of children.
``(B) A description of the activities to be funded in whole
or in part with the funds, including the sequencing of the
activities.
``(C) A description of the strategies for integrating
programs and services for children who are placed across
State lines.
``(D) Such other information as the Secretary may require.
``(3) Funding authority.--The Secretary may provide funds
to a State that complies with paragraph (2). In providing
funds under this subsection, the Secretary shall prioritize
States that are not yet connected with the electronic
interstate case-processing system referred to in paragraph
(1).
``(4) Use of funds.--A State to which funding is provided
under this subsection shall use the funding to support the
State in connecting with, or enhancing or expediting services
provided under, the electronic interstate case-processing
system referred to in paragraph (1).
``(5) Evaluations.--Not later than 1 year after the final
year in which funds are awarded under this subsection, the
Secretary shall submit to the Congress, and make available to
the general public by posting on a website, a report that
contains the following information:
``(A) How using the electronic interstate case-processing
system developed pursuant to paragraph (4) has changed the
time it takes for children to be placed across State lines.
``(B) The number of cases subject to the Interstate Compact
on the Placement of Children that were processed through the
electronic interstate case-processing system, and the number
of interstate child placement cases that were processed
outside the electronic interstate case-processing system, by
each State in each year.
``(C) The progress made by States in implementing the
electronic interstate case-processing system.
``(D) How using the electronic interstate case-processing
system has affected various metrics related to child safety
and well-being, including the time it takes for children to
be placed across State lines.
``(E) How using the electronic interstate case-processing
system has affected administrative costs and caseworker time
spent on placing children across State lines.
``(6) Data integration.--The Secretary, in consultation
with the Secretariat for the Interstate Compact on the
Placement of Children and the States, shall assess how the
electronic interstate case-processing system developed
pursuant to paragraph (4) could be used to better serve and
protect children that come to the attention of the child
welfare system, by--
``(A) connecting the system with other data systems (such
as systems operated by State law enforcement and judicial
agencies, systems operated by the Federal Bureau of
Investigation for the purposes of the Innocence Lost National
Initiative, and other systems);
``(B) simplifying and improving reporting related to
paragraphs (34) and (35) of section 471(a) regarding children
or youth who have been identified as being a sex trafficking
victim or children missing from foster care; and
``(C) improving the ability of States to quickly comply
with background check requirements of section 471(a)(20),
including checks of child abuse and neglect registries as
required by section 471(a)(20)(B).''.
(d) Reservation of Funds To Improve the Interstate
Placement of Children.--Section 437(b) of such Act (42 U.S.C.
629g(b)) is amended by adding at the end the following:
``(4) Improving the interstate placement of children.--The
Secretary shall reserve $5,000,000 of the amount made
available for fiscal year 2018 for grants under subsection
(g), and the amount so reserved shall remain available
through fiscal year 2022.''.
SEC. 50723. ENHANCEMENTS TO GRANTS TO IMPROVE WELL-BEING OF
FAMILIES AFFECTED BY SUBSTANCE ABUSE.
Section 437(f) of the Social Security Act (42 U.S.C.
629g(f)) is amended--
(1) in the subsection heading, by striking ``Increase the
Well-Being of, and To Improve the Permanency Outcomes for,
Children Affected by'' and inserting ``Implement IV-E
Prevention Services, and Improve the Well-Being of, and
Improve Permanency Outcomes for, Children and Families
Affected by Heroin, Opioids, and Other'';
(2) by striking paragraph (2) and inserting the following:
``(2) Regional partnership defined.--In this subsection,
the term `regional partnership' means a collaborative
agreement (which may be established on an interstate, State,
or intrastate basis) entered into by the following:
``(A) Mandatory partners for all partnership grants.--
``(i) The State child welfare agency that is responsible
for the administration of the State plan under this part and
part E.
``(ii) The State agency responsible for administering the
substance abuse prevention and treatment block grant provided
under subpart II of part B of title XIX of the Public Health
Service Act.
``(B) Mandatory partners for partnership grants proposing
to serve children in out-of-home placements.--If the
partnership proposes to serve children in out-of-home
placements, the Juvenile Court or Administrative Office of
the Court that is most appropriate to oversee the
administration of court programs in the region to address the
population of families who come to the attention of the court
due to child abuse or neglect.
``(C) Optional partners.--At the option of the partnership,
any of the following:
``(i) An Indian tribe or tribal consortium.
``(ii) Nonprofit child welfare service providers.
``(iii) For-profit child welfare service providers.
``(iv) Community health service providers, including
substance abuse treatment providers.
``(v) Community mental health providers.
``(vi) Local law enforcement agencies.
``(vii) School personnel.
``(viii) Tribal child welfare agencies (or a consortia of
the agencies).
``(ix) Any other providers, agencies, personnel, officials,
or entities that are related to the provision of child and
family services under a State plan approved under this
subpart.
``(D) Exception for regional partnerships where the lead
applicant is an indian tribe or tribal consortia.--If an
Indian tribe or tribal consortium enters into a regional
partnership for purposes of this subsection, the Indian tribe
or tribal consortium--
``(i) may (but is not required to) include the State child
welfare agency as a partner in the collaborative agreement;
``(ii) may not enter into a collaborative agreement only
with tribal child welfare agencies (or a consortium of the
agencies); and
``(iii) if the condition described in paragraph (2)(B)
applies, may include tribal court organizations in lieu of
other judicial partners.'';
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``2012 through 2016'' and inserting ``2017
through 2021''; and
(ii) by striking ``$500,000 and not more than $1,000,000''
and inserting ``$250,000 and not more than $1,000,000'';
(B) in subparagraph (B)--
(i) in the subparagraph heading, by inserting ``;
planning'' after ``approval'';
(ii) in clause (i), by striking ``clause (ii)'' and
inserting ``clauses (ii) and (iii)''; and
(iii) by adding at the end the following:
``(iii) Sufficient planning.--A grant awarded under this
subsection shall be disbursed in two phases: a planning phase
(not to exceed 2 years) and an implementation phase. The
total disbursement to a grantee for the planning phase may
not exceed $250,000, and may not exceed the total anticipated
funding for the implementation phase.''; and
(C) by adding at the end the following:
``(D) Limitation on payment for a fiscal year.--No payment
shall be made under subparagraph (A) or (C) for a fiscal year
until the Secretary determines that the eligible partnership
has made sufficient progress in meeting the goals of the
grant and that the members of the eligible partnership are
coordinating to a reasonable degree with the other members of
the eligible partnership.'';
(4) in paragraph (4)--
(A) in subparagraph (B)--
(i) in clause (i), by inserting ``, parents, and families''
after ``children'';
(ii) in clause (ii), by striking ``safety and permanence
for such children; and'' and inserting ``safe, permanent
caregiving relationships for the children;'';
(iii) in clause (iii), by striking ``or'' and inserting
``increase reunification rates for children who have been
placed in out-of-home care, or decrease''; and
(iv) by redesignating clause (iii) as clause (v) and
inserting after clause (ii) the following:
``(iii) improve the substance abuse treatment outcomes for
parents including retention in treatment and successful
completion of treatment;
``(iv) facilitate the implementation, delivery, and
effectiveness of prevention services and programs under
section 471(e); and'';
(B) in subparagraph (D), by striking ``where
appropriate,''; and
(C) by striking subparagraphs (E) and (F) and inserting the
following:
``(E) A description of a plan for sustaining the services
provided by or activities funded under the grant after the
conclusion of the grant period, including through the use of
prevention services and programs under section 471(e) and
other funds provided to the State for child welfare and
substance abuse prevention and treatment services.
``(F) Additional information needed by the Secretary to
determine that the proposed activities and implementation
will be consistent with research or evaluations showing which
practices and approaches are most effective.'';
(5) in paragraph (5)(A), by striking ``abuse treatment''
and inserting ``use disorder treatment including medication
assisted treatment
[[Page H1050]]
and in-home substance abuse disorder treatment and
recovery'';
(6) in paragraph (7)--
(A) by striking ``and'' at the end of subparagraph (C); and
(B) by redesignating subparagraph (D) as subparagraph (E)
and inserting after subparagraph (C) the following:
``(D) demonstrate a track record of successful
collaboration among child welfare, substance abuse disorder
treatment and mental health agencies; and'';
(7) in paragraph (8)--
(A) in subparagraph (A)--
(i) by striking ``establish indicators that will be'' and
inserting ``review indicators that are''; and
(ii) by striking ``in using funds made available under such
grants to achieve the purpose of this subsection'' and
inserting ``and establish a set of core indicators related to
child safety, parental recovery, parenting capacity, and
family well-being. In developing the core indicators, to the
extent possible, indicators shall be made consistent with the
outcome measures described in section 471(e)(6)''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by inserting ``base
the performance measures on lessons learned from prior rounds
of regional partnership grants under this subsection, and''
before ``consult''; and
(ii) by striking clauses (iii) and (iv) and inserting the
following:
``(iii) Other stakeholders or constituencies as determined
by the Secretary.'';
(8) in paragraph (9)(A), by striking clause (i) and
inserting the following:
``(i) Semiannual reports.--Not later than September 30 of
each fiscal year in which a recipient of a grant under this
subsection is paid funds under the grant, and every 6 months
thereafter, the grant recipient shall submit to the Secretary
a report on the services provided and activities carried out
during the reporting period, progress made in achieving the
goals of the program, the number of children, adults, and
families receiving services, and such additional information
as the Secretary determines is necessary. The report due not
later than September 30 of the last such fiscal year shall
include, at a minimum, data on each of the performance
indicators included in the evaluation of the regional
partnership.''; and
(9) in paragraph (10), by striking ``2012 through 2016''
and inserting ``2017 through 2021''.
PART III--MISCELLANEOUS
SEC. 50731. REVIEWING AND IMPROVING LICENSING STANDARDS FOR
PLACEMENT IN A RELATIVE FOSTER FAMILY HOME.
(a) Identification of Reputable Model Licensing
Standards.--Not later than October 1, 2018, the Secretary of
Health and Human Services shall identify reputable model
licensing standards with respect to the licensing of foster
family homes (as defined in section 472(c)(1) of the Social
Security Act).
(b) State Plan Requirement.--Section 471(a) of the Social
Security Act (42 U.S.C. 671(a)) is amended--
(1) in paragraph (34)(B), by striking ``and'' after the
semicolon;
(2) in paragraph (35)(B), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(36) provides that, not later than April 1, 2019, the
State shall submit to the Secretary information addressing--
``(A) whether the State licensing standards are in accord
with model standards identified by the Secretary, and if not,
the reason for the specific deviation and a description as to
why having a standard that is reasonably in accord with the
corresponding national model standards is not appropriate for
the State;
``(B) whether the State has elected to waive standards
established in 471(a)(10)(A) for relative foster family homes
(pursuant to waiver authority provided by 471(a)(10)(D)), a
description of which standards the State most commonly
waives, and if the State has not elected to waive the
standards, the reason for not waiving these standards;
``(C) if the State has elected to waive standards specified
in subparagraph (B), how caseworkers are trained to use the
waiver authority and whether the State has developed a
process or provided tools to assist caseworkers in waiving
nonsafety standards per the authority provided in
471(a)(10)(D) to quickly place children with relatives; and
``(D) a description of the steps the State is taking to
improve caseworker training or the process, if any; and''.
SEC. 50732. DEVELOPMENT OF A STATEWIDE PLAN TO PREVENT CHILD
ABUSE AND NEGLECT FATALITIES.
Section 422(b)(19) of the Social Security Act (42 U.S.C.
622(b)(19)) is amended to read as follows:
``(19) document steps taken to track and prevent child
maltreatment deaths by including--
``(A) a description of the steps the State is taking to
compile complete and accurate information on the deaths
required by Federal law to be reported by the State agency
referred to in paragraph (1), including gathering relevant
information on the deaths from the relevant organizations in
the State including entities such as State vital statistics
department, child death review teams, law enforcement
agencies, offices of medical examiners, or coroners; and
``(B) a description of the steps the State is taking to
develop and implement a comprehensive, statewide plan to
prevent the fatalities that involves and engages relevant
public and private agency partners, including those in public
health, law enforcement, and the courts.''.
SEC. 50733. MODERNIZING THE TITLE AND PURPOSE OF TITLE IV-E.
(a) Part Heading.--The heading for part E of title IV of
the Social Security Act (42 U.S.C. 670 et seq.) is amended to
read as follows:
``PART E--FEDERAL PAYMENTS FOR FOSTER CARE, PREVENTION, AND
PERMANENCY''.
(b) Purpose.--The first sentence of section 470 of such Act
(42 U.S.C. 670) is amended--
(1) by striking ``1995) and'' and inserting ``1995),'';
(2) by inserting ``kinship guardianship assistance, and
prevention services or programs specified in section
471(e)(1),'' after ``needs,''; and
(3) by striking ``(commencing with the fiscal year which
begins October 1, 1980)''.
SEC. 50734. EFFECTIVE DATES.
(a) Effective Dates.--
(1) In general.--Except as provided in paragraph (2),
subject to subsection (b), the amendments made by parts I
through III of this subtitle shall take effect on October 1,
2018.
(2) Exceptions.--The amendments made by sections 50711(d),
50731, and 50733 shall take effect on the date of enactment
of this Act.
(b) Transition Rule.--
(1) In general.--In the case of a State plan under part B
or E of title IV of the Social Security Act which the
Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating
funds) in order for the plan to meet the additional
requirements imposed by the amendments made by parts I
through III of this subtitle, the State plan shall not be
regarded as failing to comply with the requirements of such
part solely on the basis of the failure of the plan to meet
such additional requirements before the first day of the
first calendar quarter beginning after the close of the first
regular session of the State legislature that begins after
the date of enactment of this Act. For purposes of the
previous sentence, in the case of a State that has a 2-year
legislative session, each year of the session shall be deemed
to be a separate regular session of the State legislature.
(2) Application to programs operated by indian tribal
organizations.--In the case of an Indian tribe, tribal
organization, or tribal consortium which the Secretary of
Health and Human Services determines requires time to take
action necessary to comply with the additional requirements
imposed by the amendments made by parts I through III of this
subtitle (whether the tribe, organization, or tribal
consortium has a plan under section 479B of the Social
Security Act or a cooperative agreement or contract entered
into with a State), the Secretary shall provide the tribe,
organization, or tribal consortium with such additional time
as the Secretary determines is necessary for the tribe,
organization, or tribal consortium to take the action to
comply with the additional requirements before being regarded
as failing to comply with the requirements.
PART IV--ENSURING THE NECESSITY OF A PLACEMENT THAT IS NOT IN A FOSTER
FAMILY HOME
SEC. 50741. LIMITATION ON FEDERAL FINANCIAL PARTICIPATION FOR
PLACEMENTS THAT ARE NOT IN FOSTER FAMILY HOMES.
(a) Limitation on Federal Financial Participation.--
(1) In general.--Section 472 of the Social Security Act (42
U.S.C. 672), as amended by section 50712(a), is amended--
(A) in subsection (a)(2)(C), by inserting ``, but only to
the extent permitted under subsection (k)'' after
``institution''; and
(B) by adding at the end the following:
``(k) Limitation on Federal Financial Participation.--
``(1) In general.--Beginning with the third week for which
foster care maintenance payments are made under this section
on behalf of a child placed in a child-care institution, no
Federal payment shall be made to the State under section
474(a)(1) for amounts expended for foster care maintenance
payments on behalf of the child unless--
``(A) the child is placed in a child-care institution that
is a setting specified in paragraph (2) (or is placed in a
licensed residential family-based treatment facility
consistent with subsection (j)); and
``(B) in the case of a child placed in a qualified
residential treatment program (as defined in paragraph (4)),
the requirements specified in paragraph (3) and section
475A(c) are met.
``(2) Specified settings for placement.--The settings for
placement specified in this paragraph are the following:
``(A) A qualified residential treatment program (as defined
in paragraph (4)).
``(B) A setting specializing in providing prenatal, post-
partum, or parenting supports for youth.
``(C) In the case of a child who has attained 18 years of
age, a supervised setting in which the child is living
independently.
``(D) A setting providing high-quality residential care and
supportive services to children and youth who have been found
to be, or are at risk of becoming, sex trafficking victims,
in accordance with section 471(a)(9)(C).
``(3) Assessment to determine appropriateness of placement
in a qualified residential treatment program.--
``(A) Deadline for assessment.--In the case of a child who
is placed in a qualified residential treatment program, if
the assessment required under section 475A(c)(1) is not
completed within 30 days after the placement is made, no
Federal payment shall be made to the State under section
474(a)(1) for any amounts expended for foster care
maintenance payments on behalf of the child during the
placement.
``(B) Deadline for transition out of placement.--If the
assessment required under section 475A(c)(1) determines that
the placement of a child in a qualified residential treatment
program is not appropriate, a court disapproves
[[Page H1051]]
such a placement under section 475A(c)(2), or a child who has
been in an approved placement in a qualified residential
treatment program is going to return home or be placed with a
fit and willing relative, a legal guardian, or an adoptive
parent, or in a foster family home, Federal payments shall be
made to the State under section 474(a)(1) for amounts
expended for foster care maintenance payments on behalf of
the child while the child remains in the qualified
residential treatment program only during the period
necessary for the child to transition home or to such a
placement. In no event shall a State receive Federal payments
under section 474(a)(1) for amounts expended for foster care
maintenance payments on behalf of a child who remains placed
in a qualified residential treatment program after the end of
the 30-day period that begins on the date a determination is
made that the placement is no longer the recommended or
approved placement for the child.
``(4) Qualified residential treatment program.--For
purposes of this part, the term `qualified residential
treatment program' means a program that--
``(A) has a trauma-informed treatment model that is
designed to address the needs, including clinical needs as
appropriate, of children with serious emotional or behavioral
disorders or disturbances and, with respect to a child, is
able to implement the treatment identified for the child by
the assessment of the child required under section 475A(c);
``(B) subject to paragraphs (5) and (6), has registered or
licensed nursing staff and other licensed clinical staff
who--
``(i) provide care within the scope of their practice as
defined by State law;
``(ii) are on-site according to the treatment model
referred to in subparagraph (A); and
``(iii) are available 24 hours a day and 7 days a week;
``(C) to extent appropriate, and in accordance with the
child's best interests, facilitates participation of family
members in the child's treatment program;
``(D) facilitates outreach to the family members of the
child, including siblings, documents how the outreach is made
(including contact information), and maintains contact
information for any known biological family and fictive kin
of the child;
``(E) documents how family members are integrated into the
treatment process for the child, including post-discharge,
and how sibling connections are maintained;
``(F) provides discharge planning and family-based
aftercare support for at least 6 months post-discharge; and
``(G) is licensed in accordance with section 471(a)(10) and
is accredited by any of the following independent, not-for-
profit organizations:
``(i) The Commission on Accreditation of Rehabilitation
Facilities (CARF).
``(ii) The Joint Commission on Accreditation of Healthcare
Organizations (JCAHO).
``(iii) The Council on Accreditation (COA).
``(iv) Any other independent, not-for-profit accrediting
organization approved by the Secretary.
``(5) Administrative costs.--The prohibition in paragraph
(1) on Federal payments under section 474(a)(1) shall not be
construed as prohibiting Federal payments for administrative
expenditures incurred on behalf of a child placed in a child-
care institution and for which payment is available under
section 474(a)(3).
``(6) Rule of construction.--The requirements in paragraph
(4)(B) shall not be construed as requiring a qualified
residential treatment program to acquire nursing and
behavioral health staff solely through means of a direct
employer to employee relationship.''.
(2) Conforming amendment.--Section 474(a)(1) of the Social
Security Act (42 U.S.C. 674(a)(1)), as amended by section
50712(b), is amended by striking ``section 472(j)'' and
inserting ``subsections (j) and (k) of section 472''.
(b) Definition of Foster Family Home, Child-Care
Institution.--Section 472(c) of such Act (42 U.S.C.
672(c)(1)) is amended to read as follows:
``(c) Definitions.--For purposes of this part:
``(1) Foster family home.--
``(A) In general.--The term `foster family home' means the
home of an individual or family--
``(i) that is licensed or approved by the State in which it
is situated as a foster family home that meets the standards
established for the licensing or approval; and
``(ii) in which a child in foster care has been placed in
the care of an individual, who resides with the child and who
has been licensed or approved by the State to be a foster
parent--
``(I) that the State deems capable of adhering to the
reasonable and prudent parent standard;
``(II) that provides 24-hour substitute care for children
placed away from their parents or other caretakers; and
``(III) that provides the care for not more than six
children in foster care.
``(B) State flexibility.--The number of foster children
that may be cared for in a home under subparagraph (A) may
exceed the numerical limitation in subparagraph (A)(ii)(III),
at the option of the State, for any of the following reasons:
``(i) To allow a parenting youth in foster care to remain
with the child of the parenting youth.
``(ii) To allow siblings to remain together.
``(iii) To allow a child with an established meaningful
relationship with the family to remain with the family.
``(iv) To allow a family with special training or skills to
provide care to a child who has a severe disability.
``(C) Rule of construction.--Subparagraph (A) shall not be
construed as prohibiting a foster parent from renting the
home in which the parent cares for a foster child placed in
the parent's care.
``(2) Child-care institution.--
``(A) In general.--The term `child-care institution' means
a private child-care institution, or a public child-care
institution which accommodates no more than 25 children,
which is licensed by the State in which it is situated or has
been approved by the agency of the State responsible for
licensing or approval of institutions of this type as meeting
the standards established for the licensing.
``(B) Supervised settings.--In the case of a child who has
attained 18 years of age, the term shall include a supervised
setting in which the individual is living independently, in
accordance with such conditions as the Secretary shall
establish in regulations.
``(C) Exclusions.--The term shall not include detention
facilities, forestry camps, training schools, or any other
facility operated primarily for the detention of children who
are determined to be delinquent.''.
(c) Training for State Judges, Attorneys, and Other Legal
Personnel in Child Welfare Cases.--Section 438(b)(1) of such
Act (42 U.S.C. 629h(b)(1)) is amended in the matter preceding
subparagraph (A) by inserting ``shall provide for the
training of judges, attorneys, and other legal personnel in
child welfare cases on Federal child welfare policies and
payment limitations with respect to children in foster care
who are placed in settings that are not a foster family
home,'' after ``with respect to the child,''.
(d) Assurance of Nonimpact on Juvenile Justice System.--
(1) State plan requirement.--Section 471(a) of such Act (42
U.S.C. 671(a)), as amended by section 50731, is further
amended by adding at the end the following:
``(37) includes a certification that, in response to the
limitation imposed under section 472(k) with respect to
foster care maintenance payments made on behalf of any child
who is placed in a setting that is not a foster family home,
the State will not enact or advance policies or practices
that would result in a significant increase in the population
of youth in the State's juvenile justice system.''.
(2) GAO study and report.--The Comptroller General of the
United States shall evaluate the impact, if any, on State
juvenile justice systems of the limitation imposed under
section 472(k) of the Social Security Act (as added by
section 50741(a)(1)) on foster care maintenance payments made
on behalf of any child who is placed in a setting that is not
a foster family home, in accordance with the amendments made
by subsections (a) and (b) of this section. In particular,
the Comptroller General shall evaluate the extent to which
children in foster care who also are subject to the juvenile
justice system of the State are placed in a facility under
the jurisdiction of the juvenile justice system and whether
the lack of available congregate care placements under the
jurisdiction of the child welfare systems is a contributing
factor to that result. Not later than December 31, 2025, the
Comptroller General shall submit to Congress a report on the
results of the evaluation.
SEC. 50742. ASSESSMENT AND DOCUMENTATION OF THE NEED FOR
PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM.
Section 475A of the Social Security Act (42 U.S.C. 675a) is
amended by adding at the end the following:
``(c) Assessment, Documentation, and Judicial Determination
Requirements for Placement in a Qualified Residential
Treatment Program.--In the case of any child who is placed in
a qualified residential treatment program (as defined in
section 472(k)(4)), the following requirements shall apply
for purposes of approving the case plan for the child and the
case system review procedure for the child:
``(1)(A) Within 30 days of the start of each placement in
such a setting, a qualified individual (as defined in
subparagraph (D)) shall--
``(i) assess the strengths and needs of the child using an
age-appropriate, evidence-based, validated, functional
assessment tool approved by the Secretary;
``(ii) determine whether the needs of the child can be met
with family members or through placement in a foster family
home or, if not, which setting from among the settings
specified in section 472(k)(2) would provide the most
effective and appropriate level of care for the child in the
least restrictive environment and be consistent with the
short- and long-term goals for the child, as specified in the
permanency plan for the child; and
``(iii) develop a list of child-specific short- and long-
term mental and behavioral health goals.
``(B)(i) The State shall assemble a family and permanency
team for the child in accordance with the requirements of
clauses (ii) and (iii). The qualified individual conducting
the assessment required under subparagraph (A) shall work in
conjunction with the family of, and permanency team for, the
child while conducting and making the assessment.
``(ii) The family and permanency team shall consist of all
appropriate biological family members, relative, and fictive
kin of the child, as well as, as appropriate, professionals
who are a resource to the family of the child, such as
teachers, medical or mental health providers who have treated
the child, or clergy. In the case of a child who has attained
age 14, the family and permanency team shall include the
members of the permanency planning team for the child that
are selected by the child in accordance with section
475(5)(C)(iv).
``(iii) The State shall document in the child's case plan--
``(I) the reasonable and good faith effort of the State to
identify and include all the individuals described in clause
(ii) on the child's family and permanency team;
``(II) all contact information for members of the family
and permanency team, as well as
[[Page H1052]]
contact information for other family members and fictive kin
who are not part of the family and permanency team;
``(III) evidence that meetings of the family and permanency
team, including meetings relating to the assessment required
under subparagraph (A), are held at a time and place
convenient for family;
``(IV) if reunification is the goal, evidence demonstrating
that the parent from whom the child was removed provided
input on the members of the family and permanency team;
``(V) evidence that the assessment required under
subparagraph (A) is determined in conjunction with the family
and permanency team;
``(VI) the placement preferences of the family and
permanency team relative to the assessment that recognizes
children should be placed with their siblings unless there is
a finding by the court that such placement is contrary to
their best interest; and
``(VII) if the placement preferences of the family and
permanency team and child are not the placement setting
recommended by the qualified individual conducting the
assessment under subparagraph (A), the reasons why the
preferences of the team and of the child were not
recommended.
``(C) In the case of a child who the qualified individual
conducting the assessment under subparagraph (A) determines
should not be placed in a foster family home, the qualified
individual shall specify in writing the reasons why the needs
of the child cannot be met by the family of the child or in a
foster family home. A shortage or lack of foster family homes
shall not be an acceptable reason for determining that the
needs of the child cannot be met in a foster family home. The
qualified individual also shall specify in writing why the
recommended placement in a qualified residential treatment
program is the setting that will provide the child with the
most effective and appropriate level of care in the least
restrictive environment and how that placement is consistent
with the short- and long-term goals for the child, as
specified in the permanency plan for the child.
``(D)(i) Subject to clause (ii), in this subsection, the
term `qualified individual' means a trained professional or
licensed clinician who is not an employee of the State agency
and who is not connected to, or affiliated with, any
placement setting in which children are placed by the State.
``(ii) The Secretary may approve a request of a State to
waive any requirement in clause (i) upon a submission by the
State, in accordance with criteria established by the
Secretary, that certifies that the trained professionals or
licensed clinicians with responsibility for performing the
assessments described in subparagraph (A) shall maintain
objectivity with respect to determining the most effective
and appropriate placement for a child.
``(2) Within 60 days of the start of each placement in a
qualified residential treatment program, a family or juvenile
court or another court (including a tribal court) of
competent jurisdiction, or an administrative body appointed
or approved by the court, independently, shall--
``(A) consider the assessment, determination, and
documentation made by the qualified individual conducting the
assessment under paragraph (1);
``(B) determine whether the needs of the child can be met
through placement in a foster family home or, if not, whether
placement of the child in a qualified residential treatment
program provides the most effective and appropriate level of
care for the child in the least restrictive environment and
whether that placement is consistent with the short- and
long-term goals for the child, as specified in the permanency
plan for the child; and
``(C) approve or disapprove the placement.
``(3) The written documentation made under paragraph (1)(C)
and documentation of the determination and approval or
disapproval of the placement in a qualified residential
treatment program by a court or administrative body under
paragraph (2) shall be included in and made part of the case
plan for the child.
``(4) As long as a child remains placed in a qualified
residential treatment program, the State agency shall submit
evidence at each status review and each permanency hearing
held with respect to the child--
``(A) demonstrating that ongoing assessment of the
strengths and needs of the child continues to support the
determination that the needs of the child cannot be met
through placement in a foster family home, that the placement
in a qualified residential treatment program provides the
most effective and appropriate level of care for the child in
the least restrictive environment, and that the placement is
consistent with the short- and long-term goals for the child,
as specified in the permanency plan for the child;
``(B) documenting the specific treatment or service needs
that will be met for the child in the placement and the
length of time the child is expected to need the treatment or
services; and
``(C) documenting the efforts made by the State agency to
prepare the child to return home or to be placed with a fit
and willing relative, a legal guardian, or an adoptive
parent, or in a foster family home.
``(5) In the case of any child who is placed in a qualified
residential treatment program for more than 12 consecutive
months or 18 nonconsecutive months (or, in the case of a
child who has not attained age 13, for more than 6
consecutive or nonconsecutive months), the State agency shall
submit to the Secretary--
``(A) the most recent versions of the evidence and
documentation specified in paragraph (4); and
``(B) the signed approval of the head of the State agency
for the continued placement of the child in that setting.''.
SEC. 50743. PROTOCOLS TO PREVENT INAPPROPRIATE DIAGNOSES.
(a) State Plan Requirement.--Section 422(b)(15)(A) of the
Social Security Act (42 U.S.C. 622(b)(15)(A)) is amended--
(1) in clause (vi), by striking ``and'' after the
semicolon;
(2) by redesignating clause (vii) as clause (viii); and
(3) by inserting after clause (vi) the following:
``(vii) the procedures and protocols the State has
established to ensure that children in foster care placements
are not inappropriately diagnosed with mental illness, other
emotional or behavioral disorders, medically fragile
conditions, or developmental disabilities, and placed in
settings that are not foster family homes as a result of the
inappropriate diagnoses; and''.
(b) Evaluation.--Section 476 of such Act (42 U.S.C. 676),
as amended by section 50711(d), is further amended by adding
at the end the following:
``(e) Evaluation of State Procedures and Protocols To
Prevent Inappropriate Diagnoses of Mental Illness or Other
Conditions.--The Secretary shall conduct an evaluation of the
procedures and protocols established by States in accordance
with the requirements of section 422(b)(15)(A)(vii). The
evaluation shall analyze the extent to which States comply
with and enforce the procedures and protocols and the
effectiveness of various State procedures and protocols and
shall identify best practices. Not later than January 1,
2020, the Secretary shall submit a report on the results of
the evaluation to Congress.''.
SEC. 50744. ADDITIONAL DATA AND REPORTS REGARDING CHILDREN
PLACED IN A SETTING THAT IS NOT A FOSTER FAMILY
HOME.
Section 479A(a)(7)(A) of the Social Security Act (42 U.S.C.
679b(a)(7)(A)) is amended by striking clauses (i) through
(vi) and inserting the following:
``(i) with respect to each such placement--
``(I) the type of the placement setting, including whether
the placement is shelter care, a group home and if so, the
range of the child population in the home, a residential
treatment facility, a hospital or institution providing
medical, rehabilitative, or psychiatric care, a setting
specializing in providing prenatal, post-partum, or parenting
supports, or some other kind of child-care institution and if
so, what kind;
``(II) the number of children in the placement setting and
the age, race, ethnicity, and gender of each of the children;
``(III) for each child in the placement setting, the length
of the placement of the child in the setting, whether the
placement of the child in the setting is the first placement
of the child and if not, the number and type of previous
placements of the child, and whether the child has special
needs or another diagnosed mental or physical illness or
condition; and
``(IV) the extent of any specialized education, treatment,
counseling, or other services provided in the setting; and
``(ii) separately, the number and ages of children in the
placements who have a permanency plan of another planned
permanent living arrangement; and''.
SEC. 50745. CRIMINAL RECORDS CHECKS AND CHECKS OF CHILD ABUSE
AND NEGLECT REGISTRIES FOR ADULTS WORKING IN
CHILD-CARE INSTITUTIONS AND OTHER GROUP CARE
SETTINGS.
(a) State Plan Requirement.--Section 471(a)(20) of the
Social Security Act (42 U.S.C. 671(a)(20)) is amended--
(1) in subparagraph (A)(ii), by striking ``and'' after the
semicolon;
(2) in subparagraph (B)(iii), by striking ``and''after the
semicolon;
(3) in subparagraph (C), by adding ``and'' after the
semicolon; and
(4) by inserting after subparagraph (C), the following new
subparagraph:
``(D) provides procedures for any child-care institution,
including a group home, residential treatment center,
shelter, or other congregate care setting, to conduct
criminal records checks, including fingerprint-based checks
of national crime information databases (as defined in
section 534(f)(3)(A) of title 28, United States Code), and
checks described in subparagraph (B) of this paragraph, on
any adult working in a child-care institution, including a
group home, residential treatment center, shelter, or other
congregate care setting, unless the State reports to the
Secretary the alternative criminal records checks and child
abuse registry checks the State conducts on any adult working
in a child-care institution, including a group home,
residential treatment center, shelter, or other congregate
care setting, and why the checks specified in this
subparagraph are not appropriate for the State;''.
(b) Technical Amendments.--Subparagraphs (A) and (C) of
section 471(a)(20) of the Social Security Act (42 U.S.C.
671(a)(20)) are each amended by striking ``section
534(e)(3)(A)'' and inserting ``section 534(f)(3)(A)''.
SEC. 50746. EFFECTIVE DATES; APPLICATION TO WAIVERS.
(a) Effective Dates.--
(1) In general.--Subject to paragraph (2) and subsections
(b), (c), and (d), the amendments made by this part shall
take effect as if enacted on January 1, 2018.
(2) Transition rule.--In the case of a State plan under
part B or E of title IV of the Social Security Act which the
Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating
funds) in order for the plan to meet the additional
requirements imposed by the amendments made by this part, the
State plan shall not be regarded as failing to comply with
the requirements of part B or E of title IV of such Act
solely on the basis of the failure of the plan to meet the
additional requirements before the first day of the first
calendar quarter beginning after the close of the first
regular session of the State legislature that begins after
the date of enactment
[[Page H1053]]
of this Act. For purposes of the previous sentence, in the
case of a State that has a 2-year legislative session, each
year of the session shall be deemed to be a separate regular
session of the State legislature.
(b) Limitation on Federal Financial Participation for
Placements That Are Not in Foster Family Homes and Related
Provisions.--
(1) In general.--The amendments made by sections 50741(a),
50741(b), 50741(d), and 50742 shall take effect on October 1,
2019.
(2) State option to delay effective date for not more than
2 years.--If a State requests a delay in the effective date,
the Secretary of Health and Human Services shall delay the
effective date provided for in paragraph (1) with respect to
the State for the amount of time requested by the State, not
to exceed 2 years. If the effective date is so delayed for a
period with respect to a State under the preceding sentence,
then--
(A) notwithstanding section 50734, the date that the
amendments made by section 50711(c) take effect with respect
to the State shall be delayed for the period; and
(B) in applying section 474(a)(6) of the Social Security
Act with respect to the State, ``on or after the date this
paragraph takes effect with respect to the State'' is deemed
to be substituted for ``after September 30, 2019'' in
subparagraph (A)(i)(I) of such section.
(c) Criminal Records Checks and Checks of Child Abuse and
Neglect Registries for Adults Working in Child-care
Institutions and Other Group Care Settings.--Subject to
subsection (a)(2), the amendments made by section 50745 shall
take effect on October 1, 2018.
(d) Application to States With Waivers.--In the case of a
State that, on the date of enactment of this Act, has in
effect a waiver approved under section 1130 of the Social
Security Act (42 U.S.C. 1320a-9), the amendments made by this
part shall not apply with respect to the State before the
expiration (determined without regard to any extensions) of
the waiver to the extent the amendments are inconsistent with
the terms of the waiver.
PART V--CONTINUING SUPPORT FOR CHILD AND FAMILY SERVICES
SEC. 50751. SUPPORTING AND RETAINING FOSTER FAMILIES FOR
CHILDREN.
(a) Supporting and Retaining Foster Parents as a Family
Support Service.--Section 431(a)(2)(B) of the Social Security
Act (42 U.S.C. 631(a)(2)(B)) is amended by redesignating
clauses (iii) through (vi) as clauses (iv) through (vii),
respectively, and inserting after clause (ii) the following:
``(iii) To support and retain foster families so they can
provide quality family-based settings for children in foster
care.''.
(b) Support for Foster Family Homes.--Section 436 of such
Act (42 U.S.C. 629f) is amended by adding at the end the
following:
``(c) Support for Foster Family Homes.--Out of any money in
the Treasury of the United States not otherwise appropriated,
there are appropriated to the Secretary for fiscal year 2018,
$8,000,000 for the Secretary to make competitive grants to
States, Indian tribes, or tribal consortia to support the
recruitment and retention of high-quality foster families to
increase their capacity to place more children in family
settings, focused on States, Indian tribes, or tribal
consortia with the highest percentage of children in non-
family settings. The amount appropriated under this
subparagraph shall remain available through fiscal year
2022.''.
SEC. 50752. EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS.
(a) Extension of Stephanie Tubbs Jones Child Welfare
Services Program.--Section 425 of the Social Security Act (42
U.S.C. 625) is amended by striking ``2012 through 2016'' and
inserting ``2017 through 2021''.
(b) Extension of Promoting Safe and Stable Families Program
Authorizations.--
(1) In general.--Section 436(a) of such Act (42 U.S.C.
629f(a)) is amended by striking all that follows
``$345,000,000'' and inserting ``for each of fiscal years
2017 through 2021.''.
(2) Discretionary grants.--Section 437(a) of such Act (42
U.S.C. 629g(a)) is amended by striking ``2012 through 2016''
and inserting ``2017 through 2021''.
(c) Extension of Funding Reservations for Monthly
Caseworker Visits and Regional Partnership Grants.--Section
436(b) of such Act (42 U.S.C. 629f(b)) is amended--
(1) in paragraph (4)(A), by striking ``2012 through 2016''
and inserting ``2017 through 2021''; and
(2) in paragraph (5), by striking ``2012 through 2016'' and
inserting ``2017 through 2021''.
(d) Reauthorization of Funding for State Courts.--
(1) Extension of program.--Section 438(c)(1) of such Act
(42 U.S.C. 629h(c)(1)) is amended by striking ``2012 through
2016'' and inserting ``2017 through 2021''.
(2) Extension of federal share.--Section 438(d) of such Act
(42 U.S.C. 629h(d)) is amended by striking ``2012 through
2016'' and inserting ``2017 through 2021''.
(e) Repeal of Expired Provisions.--Section 438(e) of such
Act (42 U.S.C. 629h(e)) is repealed.
SEC. 50753. IMPROVEMENTS TO THE JOHN H. CHAFEE FOSTER CARE
INDEPENDENCE PROGRAM AND RELATED PROVISIONS.
(a) Authority To Serve Former Foster Youth Up To Age 23.--
Section 477 of the Social Security Act (42 U.S.C. 677) is
amended--
(1) in subsection (a)(5), by inserting ``(or 23 years of
age, in the case of a State with a certification under
subsection (b)(3)(A)(ii) to provide assistance and services
to youths who have aged out of foster care and have not
attained such age, in accordance with such subsection)''
after ``21 years of age'';
(2) in subsection (b)(3)(A)--
(A) by inserting ``(i)'' before ``A certification'';
(B) by striking ``children who have left foster care'' and
all that follows through the period and inserting ``youths
who have aged out of foster care and have not attained 21
years of age.''; and
(C) by adding at the end the following:
``(ii) If the State has elected under section 475(8)(B) to
extend eligibility for foster care to all children who have
not attained 21 years of age, or if the Secretary determines
that the State agency responsible for administering the State
plans under this part and part B uses State funds or any
other funds not provided under this part to provide services
and assistance for youths who have aged out of foster care
that are comparable to the services and assistance the youths
would receive if the State had made such an election, the
certification required under clause (i) may provide that the
State will provide assistance and services to youths who have
aged out of foster care and have not attained 23 years of
age.''; and
(3) in subsection (b)(3)(B), by striking ``children who
have left foster care'' and all that follows through the
period and inserting ``youths who have aged out of foster
care and have not attained 21 years of age (or 23 years of
age, in the case of a State with a certification under
subparagraph (A)(i) to provide assistance and services to
youths who have aged out of foster care and have not attained
such age, in accordance with subparagraph (A)(ii)).''.
(b) Authority To Redistribute Unspent Funds.--Section
477(d) of such Act (42 U.S.C. 677(d)) is amended--
(1) in paragraph (4), by inserting ``or does not expend
allocated funds within the time period specified under
section 477(d)(3)'' after ``provided by the Secretary''; and
(2) by adding at the end the following:
``(5) Redistribution of unexpended amounts.--
``(A) Availability of amounts.--To the extent that amounts
paid to States under this section in a fiscal year remain
unexpended by the States at the end of the succeeding fiscal
year, the Secretary may make the amounts available for
redistribution in the second succeeding fiscal year among the
States that apply for additional funds under this section for
that second succeeding fiscal year.
``(B) Redistribution.--
``(i) In general.--The Secretary shall redistribute the
amounts made available under subparagraph (A) for a fiscal
year among eligible applicant States. In this subparagraph,
the term `eligible applicant State' means a State that has
applied for additional funds for the fiscal year under
subparagraph (A) if the Secretary determines that the State
will use the funds for the purpose for which originally
allotted under this section.
``(ii) Amount to be redistributed.--The amount to be
redistributed to each eligible applicant State shall be the
amount so made available multiplied by the State foster care
ratio, (as defined in subsection (c)(4), except that, in such
subsection, `all eligible applicant States (as defined in
subsection (d)(5)(B)(i))' shall be substituted for `all
States').
``(iii) Treatment of redistributed amount.--Any amount made
available to a State under this paragraph shall be regarded
as part of the allotment of the State under this section for
the fiscal year in which the redistribution is made.
``(C) Tribes.--For purposes of this paragraph, the term
`State' includes an Indian tribe, tribal organization, or
tribal consortium that receives an allotment under this
section.''.
(c) Expanding and Clarifying the Use of Education and
Training Vouchers.--
(1) In general.--Section 477(i)(3) of such Act (42 U.S.C.
677(i)(3)) is amended--
(A) by striking ``on the date'' and all that follows
through ``23'' and inserting ``to remain eligible until they
attain 26''; and
(B) by inserting ``, but in no event may a youth
participate in the program for more than 5 years (whether or
not consecutive)'' before the period.
(2) Conforming amendment.--Section 477(i)(1) of such Act
(42 U.S.C. 677(i)(1)) is amended by inserting ``who have
attained 14 years of age'' before the period.
(d) Other Improvements.--Section 477 of such Act (42 U.S.C.
677), as amended by subsections (a), (b), and (c), is
amended--
(1) in the section heading, by striking ``independence
program'' and inserting ``program for successful transition
to adulthood'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``identify children who are likely to
remain in foster care until 18 years of age and to help these
children make the transition to self-sufficiency by providing
services'' and inserting ``support all youth who have
experienced foster care at age 14 or older in their
transition to adulthood through transitional services'';
(ii) by inserting ``and post-secondary education'' after
``high school diploma''; and
(iii) by striking ``training in daily living skills,
training in budgeting and financial management skills'' and
inserting ``training and opportunities to practice daily
living skills (such as financial literacy training and
driving instruction)'';
(B) in paragraph (2), by striking ``who are likely to
remain in foster care until 18 years of age receive the
education, training, and services necessary to obtain
employment'' and inserting ``who have experienced foster care
at age 14 or older achieve meaningful, permanent connections
with a caring adult'';
(C) in paragraph (3), by striking ``who are likely to
remain in foster care until 18 years of age prepare for and
enter postsecondary training and education institutions'' and
inserting
[[Page H1054]]
``who have experienced foster care at age 14 or older engage
in age or developmentally appropriate activities, positive
youth development, and experiential learning that reflects
what their peers in intact families experience''; and
(D) by striking paragraph (4) and redesignating paragraphs
(5) through (8) as paragraphs (4) through (7);
(3) in subsection (b)--
(A) in paragraph (2)(D), by striking ``adolescents'' and
inserting ``youth''; and
(B) in paragraph (3)--
(i) in subparagraph (D)--
(I) by inserting ``including training on youth
development'' after ``to provide training''; and
(II) by striking ``adolescents preparing for independent
living'' and all that follows through the period and
inserting ``youth preparing for a successful transition to
adulthood and making a permanent connection with a caring
adult.'';
(ii) in subparagraph (H), by striking ``adolescents'' each
place it appears and inserting ``youth''; and
(iii) in subparagraph (K)--
(I) by striking ``an adolescent'' and inserting ``a
youth''; and
(II) by striking ``the adolescent'' each place it appears
and inserting ``the youth''; and
(4) in subsection (f), by striking paragraph (2) and
inserting the following:
``(2) Report to congress.--Not later than October 1, 2019,
the Secretary shall submit to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance
of the Senate a report on the National Youth in Transition
Database and any other databases in which States report
outcome measures relating to children in foster care and
children who have aged out of foster care or left foster care
for kinship guardianship or adoption. The report shall
include the following:
``(A) A description of the reasons for entry into foster
care and of the foster care experiences, such as length of
stay, number of placement settings, case goal, and discharge
reason of 17-year-olds who are surveyed by the National Youth
in Transition Database and an analysis of the comparison of
that description with the reasons for entry and foster care
experiences of children of other ages who exit from foster
care before attaining age 17.
``(B) A description of the characteristics of the
individuals who report poor outcomes at ages 19 and 21 to the
National Youth in Transition Database.
``(C) Benchmarks for determining what constitutes a poor
outcome for youth who remain in or have exited from foster
care and plans the executive branch will take to incorporate
these benchmarks in efforts to evaluate child welfare agency
performance in providing services to children transitioning
from foster care.
``(D) An analysis of the association between types of
placement, number of overall placements, time spent in foster
care, and other factors, and outcomes at ages 19 and 21.
``(E) An analysis of the differences in outcomes for
children in and formerly in foster care at age 19 and 21
among States.''.
(e) Clarifying Documentation Provided to Foster Youth
Leaving Foster Care.--Section 475(5)(I) of such Act (42
U.S.C. 675(5)(I)) is amended by inserting after ``REAL ID Act
of 2005'' the following: ``, and any official documentation
necessary to prove that the child was previously in foster
care''.
PART VI--CONTINUING INCENTIVES TO STATES TO PROMOTE ADOPTION AND LEGAL
GUARDIANSHIP
SEC. 50761. REAUTHORIZING ADOPTION AND LEGAL GUARDIANSHIP
INCENTIVE PROGRAMS.
(a) In General.--Section 473A of the Social Security Act
(42 U.S.C. 673b) is amended--
(1) in subsection (b)(4), by striking ``2013 through 2015''
and inserting ``2016 through 2020'';
(2) in subsection (h)(1)(D), by striking ``2016'' and
inserting ``2021''; and
(3) in subsection (h)(2), by striking ``2016'' and
inserting ``2021''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if enacted on October 1, 2017.
PART VII--TECHNICAL CORRECTIONS
SEC. 50771. TECHNICAL CORRECTIONS TO DATA EXCHANGE STANDARDS
TO IMPROVE PROGRAM COORDINATION.
(a) In General.--Section 440 of the Social Security Act (42
U.S.C. 629m) is amended to read as follows:
``SEC. 440. DATA EXCHANGE STANDARDS FOR IMPROVED
INTEROPERABILITY.
``(a) Designation.--The Secretary shall, in consultation
with an interagency work group established by the Office of
Management and Budget and considering State government
perspectives, by rule, designate data exchange standards to
govern, under this part and part E--
``(1) necessary categories of information that State
agencies operating programs under State plans approved under
this part are required under applicable Federal law to
electronically exchange with another State agency; and
``(2) Federal reporting and data exchange required under
applicable Federal law.
``(b) Requirements.--The data exchange standards required
by paragraph (1) shall, to the extent practicable--
``(1) incorporate a widely accepted, non-proprietary,
searchable, computer-readable format, such as the Extensible
Markup Language;
``(2) contain interoperable standards developed and
maintained by intergovernmental partnerships, such as the
National Information Exchange Model;
``(3) incorporate interoperable standards developed and
maintained by Federal entities with authority over
contracting and financial assistance;
``(4) be consistent with and implement applicable
accounting principles;
``(5) be implemented in a manner that is cost-effective and
improves program efficiency and effectiveness; and
``(6) be capable of being continually upgraded as
necessary.
``(c) Rule of Construction.--Nothing in this subsection
shall be construed to require a change to existing data
exchange standards found to be effective and efficient.''.
(b) Effective Date.--Not later than the date that is 24
months after the date of the enactment of this section, the
Secretary of Health and Human Services shall issue a proposed
rule that--
(1) identifies federally required data exchanges, include
specification and timing of exchanges to be standardized, and
address the factors used in determining whether and when to
standardize data exchanges; and
(2) specifies State implementation options and describes
future milestones.
SEC. 50772. TECHNICAL CORRECTIONS TO STATE REQUIREMENT TO
ADDRESS THE DEVELOPMENTAL NEEDS OF YOUNG
CHILDREN.
Section 422(b)(18) of the Social Security Act (42 U.S.C.
622(b)(18)) is amended by striking ``such children'' and
inserting ``all vulnerable children under 5 years of age''.
PART VIII--ENSURING STATES REINVEST SAVINGS RESULTING FROM INCREASE IN
ADOPTION ASSISTANCE
SEC. 50781. DELAY OF ADOPTION ASSISTANCE PHASE-IN.
(a) In General.--The table in section 473(e)(1)(B) of the
Social Security Act (42 U.S.C. 673(e)(1)(B)) is amended by
striking the last 2 rows and inserting the following:
----------------------------------------------------------------------------------------------------------------
``2017 through 2023.......................... 2
2024......................................... 2 (or, in the case of a child for whom an adoption assistance
agreement is entered into under this section on or after July 1,
2024, any age)
2025 or thereafter........................... any age.''.
----------------------------------------------------------------------------------------------------------------
(b) Effective Date.--The amendment made by this section
shall take effect as if enacted on January 1, 2018.
SEC. 50782. GAO STUDY AND REPORT ON STATE REINVESTMENT OF
SAVINGS RESULTING FROM INCREASE IN ADOPTION
ASSISTANCE.
(a) Study.--The Comptroller General of the United States
shall study the extent to which States are complying with the
requirements of section 473(a)(8) of the Social Security Act
(42 U.S.C. 673(a)(8)) relating to the effects of phasing out
the AFDC income eligibility requirements for adoption
assistance payments under section 473 of the Social Security
Act, as enacted by section 402 of the Fostering Connections
to Success and Increasing Adoptions Act of 2008 (Public Law
110-351; 122 Stat. 3975) and amended by section 206 of the
Preventing Sex Trafficking and Strengthening Families Act
(Public Law 113-183; 128 Stat. 1919). In particular, the
Comptroller General shall analyze the extent to which States
are complying with the following requirements under section
473(a)(8)(D) of the Social Security Act:
(1) The requirement to spend an amount equal to the amount
of the savings (if any) in State expenditures under part E of
title IV of the Social Security Act resulting from phasing
out the AFDC income eligibility requirements for adoption
assistance payments under section 473 of such Act to provide
to children of families any service that may be provided
under part B or E of title IV of such Act.
(2) The requirement that a State shall spend not less than
30 percent of the amount of any savings described in
paragraph (1) on post-adoption services, post-guardianship
services, and services to support and sustain positive
permanent outcomes for children who otherwise might enter
into foster care under the responsibility of the State, with
at least \2/3\ of the spending by the State to comply with
the 30 percent requirement being spent on post-adoption and
post-guardianship services.
(b) Report.--The Comptroller General of the United States
shall submit to the Committee on Finance of the Senate, the
Committee on Ways and Means of the House of Representatives,
and the Secretary of Health and Human Services a report that
contains the results of the study required by subsection (a),
including recommendations to ensure compliance with laws
referred to in subsection (a).
TITLE VIII--SUPPORTING SOCIAL IMPACT PARTNERSHIPS TO PAY FOR RESULTS
SEC. 50801. SHORT TITLE.
This subtitle may be cited as the ``Social Impact
Partnerships to Pay for Results Act''.
SEC. 50802. SOCIAL IMPACT PARTNERSHIPS TO PAY FOR RESULTS.
Title XX of the Social Security Act (42 U.S.C. 1397 et
seq.) is amended--
(1) in the title heading, by striking ``TO STATES'' and
inserting ``AND PROGRAMS''; and
(2) by adding at the end the following:
[[Page H1055]]
``Subtitle C--Social Impact Demonstration Projects
``purposes
``Sec. 2051. The purposes of this subtitle are the
following:
``(1) To improve the lives of families and individuals in
need in the United States by funding social programs that
achieve real results.
``(2) To redirect funds away from programs that, based on
objective data, are ineffective, and into programs that
achieve demonstrable, measurable results.
``(3) To ensure Federal funds are used effectively on
social services to produce positive outcomes for both service
recipients and taxpayers.
``(4) To establish the use of social impact partnerships to
address some of our Nation's most pressing problems.
``(5) To facilitate the creation of public-private
partnerships that bundle philanthropic or other private
resources with existing public spending to scale up effective
social interventions already being implemented by private
organizations, nonprofits, charitable organizations, and
State and local governments across the country.
``(6) To bring pay-for-performance to the social sector,
allowing the United States to improve the impact and
effectiveness of vital social services programs while
redirecting inefficient or duplicative spending.
``(7) To incorporate outcomes measurement and randomized
controlled trials or other rigorous methodologies for
assessing program impact.
``social impact partnership application
``Sec. 2052. (a) Notice.--Not later than 1 year after the
date of the enactment of this subtitle, the Secretary of the
Treasury, in consultation with the Federal Interagency
Council on Social Impact Partnerships, shall publish in the
Federal Register a request for proposals from States or local
governments for social impact partnership projects in
accordance with this section.
``(b) Required Outcomes for Social Impact Partnership
Project.--To qualify as a social impact partnership project
under this subtitle, a project must produce one or more
measurable, clearly defined outcomes that result in social
benefit and Federal, State, or local savings through any of
the following:
``(1) Increasing work and earnings by individuals in the
United States who are unemployed for more than 6 consecutive
months.
``(2) Increasing employment and earnings of individuals who
have attained 16 years of age but not 25 years of age.
``(3) Increasing employment among individuals receiving
Federal disability benefits.
``(4) Reducing the dependence of low-income families on
Federal means-tested benefits.
``(5) Improving rates of high school graduation.
``(6) Reducing teen and unplanned pregnancies.
``(7) Improving birth outcomes and early childhood health
and development among low-income families and individuals.
``(8) Reducing rates of asthma, diabetes, or other
preventable diseases among low-income families and
individuals to reduce the utilization of emergency and other
high-cost care.
``(9) Increasing the proportion of children living in two-
parent families.
``(10) Reducing incidences and adverse consequences of
child abuse and neglect.
``(11) Reducing the number of youth in foster care by
increasing adoptions, permanent guardianship arrangements,
reunifications, or placements with a fit and willing
relative, or by avoiding placing children in foster care by
ensuring they can be cared for safely in their own homes.
``(12) Reducing the number of children and youth in foster
care residing in group homes, child care institutions,
agency-operated foster homes, or other non-family foster
homes, unless it is determined that it is in the interest of
the child's long-term health, safety, or psychological well-
being to not be placed in a family foster home.
``(13) Reducing the number of children returning to foster
care.
``(14) Reducing recidivism among juvenile offenders,
individuals released from prison, or other high-risk
populations.
``(15) Reducing the rate of homelessness among our most
vulnerable populations.
``(16) Improving the health and well-being of those with
mental, emotional, and behavioral health needs.
``(17) Improving the educational outcomes of special-needs
or low-income children.
``(18) Improving the employment and well-being of returning
United States military members.
``(19) Increasing the financial stability of low-income
families.
``(20) Increasing the independence and employability of
individuals who are physically or mentally disabled.
``(21) Other measurable outcomes defined by the State or
local government that result in positive social outcomes and
Federal savings.
``(c) Application Required.--The notice described in
subsection (a) shall require a State or local government to
submit an application for the social impact partnership
project that addresses the following:
``(1) The outcome goals of the project.
``(2) A description of each intervention in the project and
anticipated outcomes of the intervention.
``(3) Rigorous evidence demonstrating that the intervention
can be expected to produce the desired outcomes.
``(4) The target population that will be served by the
project.
``(5) The expected social benefits to participants who
receive the intervention and others who may be impacted.
``(6) Projected Federal, State, and local government costs
and other costs to conduct the project.
``(7) Projected Federal, State, and local government
savings and other savings, including an estimate of the
savings to the Federal Government, on a program-by-program
basis and in the aggregate, if the project is implemented and
the outcomes are achieved as a result of the intervention.
``(8) If savings resulting from the successful completion
of the project are estimated to accrue to the State or local
government, the likelihood of the State or local government
to realize those savings.
``(9) A plan for delivering the intervention through a
social impact partnership model.
``(10) A description of the expertise of each service
provider that will administer the intervention, including a
summary of the experience of the service provider in
delivering the proposed intervention or a similar
intervention, or demonstrating that the service provider has
the expertise necessary to deliver the proposed intervention.
``(11) An explanation of the experience of the State or
local government, the intermediary, or the service provider
in raising private and philanthropic capital to fund social
service investments.
``(12) The detailed roles and responsibilities of each
entity involved in the project, including any State or local
government entity, intermediary, service provider,
independent evaluator, investor, or other stakeholder.
``(13) A summary of the experience of the service provider
in delivering the proposed intervention or a similar
intervention, or a summary demonstrating the service provider
has the expertise necessary to deliver the proposed
intervention.
``(14) A summary of the unmet need in the area where the
intervention will be delivered or among the target population
who will receive the intervention.
``(15) The proposed payment terms, the methodology used to
calculate outcome payments, the payment schedule, and
performance thresholds.
``(16) The project budget.
``(17) The project timeline.
``(18) The criteria used to determine the eligibility of an
individual for the project, including how selected
populations will be identified, how they will be referred to
the project, and how they will be enrolled in the project.
``(19) The evaluation design.
``(20) The metrics that will be used in the evaluation to
determine whether the outcomes have been achieved as a result
of the intervention and how the metrics will be measured.
``(21) An explanation of how the metrics used in the
evaluation to determine whether the outcomes achieved as a
result of the intervention are independent, objective
indicators of impact and are not subject to manipulation by
the service provider, intermediary, or investor.
``(22) A summary explaining the independence of the
evaluator from the other entities involved in the project and
the evaluator's experience in conducting rigorous evaluations
of program effectiveness including, where available, well-
implemented randomized controlled trials on the intervention
or similar interventions.
``(23) The capacity of the service provider to deliver the
intervention to the number of participants the State or local
government proposes to serve in the project.
``(24) A description of whether and how the State or local
government and service providers plan to sustain the
intervention, if it is timely and appropriate to do so, to
ensure that successful interventions continue to operate
after the period of the social impact partnership.
``(d) Project Intermediary Information Required.--The
application described in subsection (c) shall also contain
the following information about any intermediary for the
social impact partnership project (whether an intermediary is
a service provider or other entity):
``(1) Experience and capacity for providing or facilitating
the provision of the type of intervention proposed.
``(2) The mission and goals.
``(3) Information on whether the intermediary is already
working with service providers that provide this intervention
or an explanation of the capacity of the intermediary to
begin working with service providers to provide the
intervention.
``(4) Experience working in a collaborative environment
across government and nongovernmental entities.
``(5) Previous experience collaborating with public or
private entities to implement evidence-based programs.
``(6) Ability to raise or provide funding to cover
operating costs (if applicable to the project).
``(7) Capacity and infrastructure to track outcomes and
measure results, including--
``(A) capacity to track and analyze program performance and
assess program impact; and
``(B) experience with performance-based awards or
performance-based contracting and achieving project
milestones and targets.
``(8) Role in delivering the intervention.
``(9) How the intermediary would monitor program success,
including a description of the interim benchmarks and outcome
measures.
``(e) Feasibility Studies Funded Through Other Sources.--
The notice described in subsection (a) shall permit a State
or local government to submit an application for social
impact partnership funding that contains information from a
feasibility study developed for purposes other than applying
for funding under this subtitle.
``awarding social impact partnership agreements
``Sec. 2053. (a) Timeline in Awarding Agreement.--Not
later than 6 months after receiving
[[Page H1056]]
an application in accordance with section 2052, the
Secretary, in consultation with the Federal Interagency
Council on Social Impact Partnerships, shall determine
whether to enter into an agreement for a social impact
partnership project with a State or local government.
``(b) Considerations in Awarding Agreement.--In determining
whether to enter into an agreement for a social impact
partnership project (the application for which was submitted
under section 2052) the Secretary, in consultation with the
Federal Interagency Council on Social Impact Partnerships and
the head of any Federal agency administering a similar
intervention or serving a population similar to that served
by the project, shall consider each of the following:
``(1) The recommendations made by the Commission on Social
Impact Partnerships.
``(2) The value to the Federal Government of the outcomes
expected to be achieved if the outcomes specified in the
agreement are achieved as a result of the intervention.
``(3) The likelihood, based on evidence provided in the
application and other evidence, that the State or local
government in collaboration with the intermediary and the
service providers will achieve the outcomes.
``(4) The savings to the Federal Government if the outcomes
specified in the agreement are achieved as a result of the
intervention.
``(5) The savings to the State and local governments if the
outcomes specified in the agreement are achieved as a result
of the intervention.
``(6) The expected quality of the evaluation that would be
conducted with respect to the agreement.
``(7) The capacity and commitment of the State or local
government to sustain the intervention, if appropriate and
timely and if the intervention is successful, beyond the
period of the social impact partnership.
``(c) Agreement Authority.--
``(1) Agreement requirements.--In accordance with this
section, the Secretary, in consultation with the Federal
Interagency Council on Social Impact Partnerships and the
head of any Federal agency administering a similar
intervention or serving a population similar to that served
by the project, may enter into an agreement for a social
impact partnership project with a State or local government
if the Secretary, in consultation with the Federal
Interagency Council on Social Impact Partnerships, determines
that each of the following requirements are met:
``(A) The State or local government agrees to achieve one
or more outcomes as a result of the intervention, as
specified in the agreement and validated by independent
evaluation, in order to receive payment.
``(B) The Federal payment to the State or local government
for each specified outcome achieved as a result of the
intervention is less than or equal to the value of the
outcome to the Federal Government over a period not to exceed
10 years, as determined by the Secretary, in consultation
with the State or local government.
``(C) The duration of the project does not exceed 10 years.
``(D) The State or local government has demonstrated,
through the application submitted under section 2052, that,
based on prior rigorous experimental evaluations or rigorous
quasi-experimental studies, the intervention can be expected
to achieve each outcome specified in the agreement.
``(E) The State, local government, intermediary, or service
provider has experience raising private or philanthropic
capital to fund social service investments (if applicable to
the project).
``(F) The State or local government has shown that each
service provider has experience delivering the intervention,
a similar intervention, or has otherwise demonstrated the
expertise necessary to deliver the intervention.
``(2) Payment.--The Secretary shall pay the State or local
government only if the independent evaluator described in
section 2055 determines that the social impact partnership
project has met the requirements specified in the agreement
and achieved an outcome as a result of the intervention, as
specified in the agreement and validated by independent
evaluation.
``(d) Notice of Agreement Award.--Not later than 30 days
after entering into an agreement under this section the
Secretary shall publish a notice in the Federal Register that
includes, with regard to the agreement, the following:
``(1) The outcome goals of the social impact partnership
project.
``(2) A description of each intervention in the project.
``(3) The target population that will be served by the
project.
``(4) The expected social benefits to participants who
receive the intervention and others who may be impacted.
``(5) The detailed roles, responsibilities, and purposes of
each Federal, State, or local government entity,
intermediary, service provider, independent evaluator,
investor, or other stakeholder.
``(6) The payment terms, the methodology used to calculate
outcome payments, the payment schedule, and performance
thresholds.
``(7) The project budget.
``(8) The project timeline.
``(9) The project eligibility criteria.
``(10) The evaluation design.
``(11) The metrics that will be used in the evaluation to
determine whether the outcomes have been achieved as a result
of each intervention and how these metrics will be measured.
``(12) The estimate of the savings to the Federal, State,
and local government, on a program-by-program basis and in
the aggregate, if the agreement is entered into and
implemented and the outcomes are achieved as a result of each
intervention.
``(e) Authority to Transfer Administration of Agreement.--
The Secretary may transfer to the head of another Federal
agency the authority to administer (including making payments
under) an agreement entered into under subsection (c), and
any funds necessary to do so.
``(f) Requirement on Funding Used to Benefit Children.--Not
less than 50 percent of all Federal payments made to carry
out agreements under this section shall be used for
initiatives that directly benefit children.
``feasibility study funding
``Sec. 2054. (a) Requests for Funding for Feasibility
Studies.--The Secretary shall reserve a portion of the amount
made available to carry out this subtitle to assist States or
local governments in developing feasibility studies to apply
for social impact partnership funding under section 2052. To
be eligible to receive funding to assist with completing a
feasibility study, a State or local government shall submit
an application for feasibility study funding addressing the
following:
``(1) A description of the outcome goals of the social
impact partnership project.
``(2) A description of the intervention, including
anticipated program design, target population, an estimate
regarding the number of individuals to be served, and setting
for the intervention.
``(3) Evidence to support the likelihood that the
intervention will produce the desired outcomes.
``(4) A description of the potential metrics to be used.
``(5) The expected social benefits to participants who
receive the intervention and others who may be impacted.
``(6) Estimated costs to conduct the project.
``(7) Estimates of Federal, State, and local government
savings and other savings if the project is implemented and
the outcomes are achieved as a result of each intervention.
``(8) An estimated timeline for implementation and
completion of the project, which shall not exceed 10 years.
``(9) With respect to a project for which the State or
local government selects an intermediary to operate the
project, any partnerships needed to successfully execute the
project and the ability of the intermediary to foster the
partnerships.
``(10) The expected resources needed to complete the
feasibility study for the State or local government to apply
for social impact partnership funding under section 2052.
``(b) Federal Selection of Applications for Feasibility
Study.--Not later than 6 months after receiving an
application for feasibility study funding under subsection
(a), the Secretary, in consultation with the Federal
Interagency Council on Social Impact Partnerships and the
head of any Federal agency administering a similar
intervention or serving a population similar to that served
by the project, shall select State or local government
feasibility study proposals for funding based on the
following:
``(1) The recommendations made by the Commission on Social
Impact Partnerships.
``(2) The likelihood that the proposal will achieve the
desired outcomes.
``(3) The value of the outcomes expected to be achieved as
a result of each intervention.
``(4) The potential savings to the Federal Government if
the social impact partnership project is successful.
``(5) The potential savings to the State and local
governments if the project is successful.
``(c) Public Disclosure.--Not later than 30 days after
selecting a State or local government for feasibility study
funding under this section, the Secretary shall cause to be
published on the website of the Federal Interagency Council
on Social Impact Partnerships information explaining why a
State or local government was granted feasibility study
funding.
``(d) Funding Restriction.--
``(1) Feasibility study restriction.--The Secretary may not
provide feasibility study funding under this section for more
than 50 percent of the estimated total cost of the
feasibility study reported in the State or local government
application submitted under subsection (a).
``(2) Aggregate restriction.--Of the total amount made
available to carry out this subtitle, the Secretary may not
use more than $10,000,000 to provide feasibility study
funding to States or local governments under this section.
``(3) No guarantee of funding.--The Secretary shall have
the option to award no funding under this section.
``(e) Submission of Feasibility Study Required.--Not later
than 9 months after the receipt of feasibility study funding
under this section, a State or local government receiving the
funding shall complete the feasibility study and submit the
study to the Federal Interagency Council on Social Impact
Partnerships.
``(f) Delegation of Authority.--The Secretary may transfer
to the head of another Federal agency the authorities
provided in this section and any funds necessary to exercise
the authorities.
``evaluations
``Sec. 2055. (a) Authority to Enter Into Agreements.--For
each State or local government awarded a social impact
partnership project approved by the Secretary under this
subtitle, the head of the relevant agency, as recommended by
the Federal Interagency Council on Social Impact Partnerships
and determined by the Secretary, shall enter into an
agreement with the State or local government to pay for all
or part of the independent evaluation to determine whether
the State or local government project has achieved a specific
outcome as a result of the intervention in order for the
State or
[[Page H1057]]
local government to receive outcome payments under this
subtitle.
``(b) Evaluator Qualifications.--The head of the relevant
agency may not enter into an agreement with a State or local
government unless the head determines that the evaluator is
independent of the other parties to the agreement and has
demonstrated substantial experience in conducting rigorous
evaluations of program effectiveness including, where
available and appropriate, well-implemented randomized
controlled trials on the intervention or similar
interventions.
``(c) Methodologies to Be Used.--The evaluation used to
determine whether a State or local government will receive
outcome payments under this subtitle shall use experimental
designs using random assignment or other reliable, evidence-
based research methodologies, as certified by the Federal
Interagency Council on Social Impact Partnerships, that allow
for the strongest possible causal inferences when random
assignment is not feasible.
``(d) Progress Report.--
``(1) Submission of report.--The independent evaluator
shall--
``(A) not later than 2 years after a project has been
approved by the Secretary and biannually thereafter until the
project is concluded, submit to the head of the relevant
agency and the Federal Interagency Council on Social Impact
Partnerships a written report summarizing the progress that
has been made in achieving each outcome specified in the
agreement; and
``(B) before the scheduled time of the first outcome
payment and before the scheduled time of each subsequent
payment, submit to the head of the relevant agency and the
Federal Interagency Council on Social Impact Partnerships a
written report that includes the results of the evaluation
conducted to determine whether an outcome payment should be
made along with information on the unique factors that
contributed to achieving or failing to achieve the outcome,
the challenges faced in attempting to achieve the outcome,
and information on the improved future delivery of this or
similar interventions.
``(2) Submission to the secretary and congress.--Not later
than 30 days after receipt of the written report pursuant to
paragraph (1)(B), the Federal Interagency Council on Social
Impact Partnerships shall submit the report to the Secretary
and each committee of jurisdiction in the House of
Representatives and the Senate.
``(e) Final Report.--
``(1) Submission of report.--Within 6 months after the
social impact partnership project is completed, the
independent evaluator shall--
``(A) evaluate the effects of the activities undertaken
pursuant to the agreement with regard to each outcome
specified in the agreement; and
``(B) submit to the head of the relevant agency and the
Federal Interagency Council on Social Impact Partnerships a
written report that includes the results of the evaluation
and the conclusion of the evaluator as to whether the State
or local government has fulfilled each obligation of the
agreement, along with information on the unique factors that
contributed to the success or failure of the project, the
challenges faced in attempting to achieve the outcome, and
information on the improved future delivery of this or
similar interventions.
``(2) Submission to the secretary and congress.--Not later
than 30 days after receipt of the written report pursuant to
paragraph (1)(B), the Federal Interagency Council on Social
Impact Partnerships shall submit the report to the Secretary
and each committee of jurisdiction in the House of
Representatives and the Senate.
``(f) Limitation on Cost of Evaluations.--Of the amount
made available under this subtitle for social impact
partnership projects, the Secretary may not obligate more
than 15 percent to evaluate the implementation and outcomes
of the projects.
``(g) Delegation of Authority.--The Secretary may transfer
to the head of another Federal agency the authorities
provided in this section and any funds necessary to exercise
the authorities.
``federal interagency council on social impact partnerships
``Sec. 2056. (a) Establishment.--There is established the
Federal Interagency Council on Social Impact Partnerships (in
this section referred to as the `Council') to--
``(1) coordinate with the Secretary on the efforts of
social impact partnership projects funded under this
subtitle;
``(2) advise and assist the Secretary in the development
and implementation of the projects;
``(3) advise the Secretary on specific programmatic and
policy matter related to the projects;
``(4) provide subject-matter expertise to the Secretary
with regard to the projects;
``(5) certify to the Secretary that each State or local
government that has entered into an agreement with the
Secretary for a social impact partnership project under this
subtitle and each evaluator selected by the head of the
relevant agency under section 2055 has access to Federal
administrative data to assist the State or local government
and the evaluator in evaluating the performance and outcomes
of the project;
``(6) address issues that will influence the future of
social impact partnership projects in the United States;
``(7) provide guidance to the executive branch on the
future of social impact partnership projects in the United
States;
``(8) prior to approval by the Secretary, certify that each
State and local government application for a social impact
partnership contains rigorous, independent data and reliable,
evidence-based research methodologies to support the
conclusion that the project will yield savings to the State
or local government or the Federal Government if the project
outcomes are achieved;
``(9) certify to the Secretary, in the case of each
approved social impact partnership that is expected to yield
savings to the Federal Government, that the project will
yield a projected savings to the Federal Government if the
project outcomes are achieved, and coordinate with the
relevant Federal agency to produce an after-action accounting
once the project is complete to determine the actual Federal
savings realized, and the extent to which actual savings
aligned with projected savings; and
``(10) provide periodic reports to the Secretary and make
available reports periodically to Congress and the public on
the implementation of this subtitle.
``(b) Composition of Council.--The Council shall have 11
members, as follows:
``(1) Chair.--The Chair of the Council shall be the
Director of the Office of Management and Budget.
``(2) Other members.--The head of each of the following
entities shall designate one officer or employee of the
entity to be a Council member:
``(A) The Department of Labor.
``(B) The Department of Health and Human Services.
``(C) The Social Security Administration.
``(D) The Department of Agriculture.
``(E) The Department of Justice.
``(F) The Department of Housing and Urban Development.
``(G) The Department of Education.
``(H) The Department of Veterans Affairs.
``(I) The Department of the Treasury.
``(J) The Corporation for National and Community Service.
``commission on social impact partnerships
``Sec. 2057. (a) Establishment.--There is established the
Commission on Social Impact Partnerships (in this section
referred to as the `Commission').
``(b) Duties.--The duties of the Commission shall be to--
``(1) assist the Secretary and the Federal Interagency
Council on Social Impact Partnerships in reviewing
applications for funding under this subtitle;
``(2) make recommendations to the Secretary and the Federal
Interagency Council on Social Impact Partnerships regarding
the funding of social impact partnership agreements and
feasibility studies; and
``(3) provide other assistance and information as requested
by the Secretary or the Federal Interagency Council on Social
Impact Partnerships.
``(c) Composition.--The Commission shall be composed of
nine members, of whom--
``(1) one shall be appointed by the President, who will
serve as the Chair of the Commission;
``(2) one shall be appointed by the Majority Leader of the
Senate;
``(3) one shall be appointed by the Minority Leader of the
Senate;
``(4) one shall be appointed by the Speaker of the House of
Representatives;
``(5) one shall be appointed by the Minority Leader of the
House of Representatives;
``(6) one shall be appointed by the Chairman of the
Committee on Finance of the Senate;
``(7) one shall be appointed by the ranking member of the
Committee on Finance of the Senate;
``(8) one member shall be appointed by the Chairman of the
Committee on Ways and Means of the House of Representatives;
and
``(9) one shall be appointed by the ranking member of the
Committee on Ways and Means of the House of Representatives.
``(d) Qualifications of Commission Members.--The members of
the Commission shall--
``(1) be experienced in finance, economics, pay for
performance, or program evaluation;
``(2) have relevant professional or personal experience in
a field related to one or more of the outcomes listed in this
subtitle; or
``(3) be qualified to review applications for social impact
partnership projects to determine whether the proposed
metrics and evaluation methodologies are appropriately
rigorous and reliant upon independent data and evidence-based
research.
``(e) Timing of Appointments.--The appointments of the
members of the Commission shall be made not later than 120
days after the date of the enactment of this subtitle, or, in
the event of a vacancy, not later than 90 days after the date
the vacancy arises. If a member of Congress fails to appoint
a member by that date, the President may select a member of
the President's choice on behalf of the member of Congress.
Notwithstanding the preceding sentence, if not all
appointments have been made to the Commission as of that
date, the Commission may operate with no fewer than five
members until all appointments have been made.
``(f) Term of Appointments.--
``(1) In general.--The members appointed under subsection
(c) shall serve as follows:
``(A) Three members shall serve for 2 years.
``(B) Three members shall serve for 3 years.
``(C) Three members (one of which shall be Chair of the
Commission appointed by the President) shall serve for 4
years.
``(2) Assignment of terms.--The Commission shall designate
the term length that each member appointed under subsection
(c) shall serve by unanimous agreement. In the event that
unanimous agreement cannot be reached, term lengths shall be
assigned to the members by a random process.
``(g) Vacancies.--Subject to subsection (e), in the event
of a vacancy in the Commission, whether due to the
resignation of a member, the expiration of a member's term,
or any other reason, the vacancy shall be filled in the
manner in which the original appointment was made and shall
not affect the powers of the Commission.
``(h) Appointment Power.--Members of the Commission
appointed under subsection (c) shall not be subject to
confirmation by the Senate.
[[Page H1058]]
``limitation on use of funds
``Sec. 2058. Of the amounts made available to carry out
this subtitle, the Secretary may not use more than $2,000,000
in any fiscal year to support the review, approval, and
oversight of social impact partnership projects, including
activities conducted by--
``(1) the Federal Interagency Council on Social Impact
Partnerships; and
``(2) any other agency consulted by the Secretary before
approving a social impact partnership project or a
feasibility study under section 2054.
``no federal funding for credit enhancements
``Sec. 2059. No amount made available to carry out this
subtitle may be used to provide any insurance, guarantee, or
other credit enhancement to a State or local government under
which a Federal payment would be made to a State or local
government as the result of a State or local government
failing to achieve an outcome specified in an agreement.
``availability of funds
``Sec. 2060. Amounts made available to carry out this
subtitle shall remain available until 10 years after the date
of the enactment of this subtitle.
``website
``Sec. 2061. The Federal Interagency Council on Social
Impact Partnerships shall establish and maintain a public
website that shall display the following:
``(1) A copy of, or method of accessing, each notice
published regarding a social impact partnership project
pursuant to this subtitle.
``(2) A copy of each feasibility study funded under this
subtitle.
``(3) For each State or local government that has entered
into an agreement with the Secretary for a social impact
partnership project, the website shall contain the following
information:
``(A) The outcome goals of the project.
``(B) A description of each intervention in the project.
``(C) The target population that will be served by the
project.
``(D) The expected social benefits to participants who
receive the intervention and others who may be impacted.
``(E) The detailed roles, responsibilities, and purposes of
each Federal, State, or local government entity,
intermediary, service provider, independent evaluator,
investor, or other stakeholder.
``(F) The payment terms, methodology used to calculate
outcome payments, the payment schedule, and performance
thresholds.
``(G) The project budget.
``(H) The project timeline.
``(I) The project eligibility criteria.
``(J) The evaluation design.
``(K) The metrics used to determine whether the proposed
outcomes have been achieved and how these metrics are
measured.
``(4) A copy of the progress reports and the final reports
relating to each social impact partnership project.
``(5) An estimate of the savings to the Federal, State, and
local government, on a program-by-program basis and in the
aggregate, resulting from the successful completion of the
social impact partnership project.
``regulations
``Sec. 2062. The Secretary, in consultation with the
Federal Interagency Council on Social Impact Partnerships,
may issue regulations as necessary to carry out this
subtitle.
``definitions
``Sec. 2063. In this subtitle:
``(1) Agency.--The term `agency' has the meaning given that
term in section 551 of title 5, United States Code.
``(2) Intervention.--The term `intervention' means a
specific service delivered to achieve an impact through a
social impact partnership project.
``(3) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(4) Social impact partnership project.--The term `social
impact partnership project' means a project that finances
social services using a social impact partnership model.
``(5) Social impact partnership model.--The term `social
impact partnership model' means a method of financing social
services in which--
``(A) Federal funds are awarded to a State or local
government only if a State or local government achieves
certain outcomes agreed on by the State or local government
and the Secretary; and
``(B) the State or local government coordinates with
service providers, investors (if applicable to the project),
and (if necessary) an intermediary to identify--
``(i) an intervention expected to produce the outcome;
``(ii) a service provider to deliver the intervention to
the target population; and
``(iii) investors to fund the delivery of the intervention.
``(6) State.--The term `State' means each State of the
United States, the District of Columbia, each commonwealth,
territory or possession of the United States, and each
federally recognized Indian tribe.
``funding
``Sec. 2064. Out of any money in the Treasury of the United
States not otherwise appropriated, there is hereby
appropriated $100,000,000 for fiscal year 2018 to carry out
this subtitle.''.
TITLE IX--PUBLIC HEALTH PROGRAMS
SEC. 50901. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE
NATIONAL HEALTH SERVICE CORPS, AND TEACHING
HEALTH CENTERS THAT OPERATE GME PROGRAMS.
(a) Community Health Centers Funding.--Section
10503(b)(1)(F) of the Patient Protection and Affordable Care
Act (42 U.S.C. 254b-2(b)(1)(F)), as amended by section 3101
of Public Law 115-96, is amended to read as follows:
``(F) $3,800,000,000 for fiscal year 2018 and
$4,000,000,000 for fiscal year 2019.''.
(b) Other Community Health Centers Provisions.--Section 330
of the Public Health Service Act (42 U.S.C. 254b) is
amended--
(1) in subsection (b)(1)(A)(ii), by striking ``abuse'' and
inserting ``use disorder'';
(2) in subsection (b)(2)(A), by striking ``abuse'' and
inserting ``use disorder'';
(3) in subsection (c)--
(A) in paragraph (1), by striking subparagraphs (B) through
(D);
(B) by striking ``(1) In general'' and all that follows
through ``The Secretary'' and inserting the following:
``(1) Centers.--The Secretary''; and
(C) in paragraph (1), as amended, by redesignating clauses
(i) through (v) as subparagraphs (A) through (E) and moving
the margin of each of such redesignated subparagraph 2 ems to
the left;
(4) by striking subsection (d) and inserting the following:
``(d) Improving Quality of Care.--
``(1) Supplemental awards.--The Secretary may award
supplemental grant funds to health centers funded under this
section to implement evidence-based models for increasing
access to high-quality primary care services, which may
include models related to--
``(A) improving the delivery of care for individuals with
multiple chronic conditions;
``(B) workforce configuration;
``(C) reducing the cost of care;
``(D) enhancing care coordination;
``(E) expanding the use of telehealth and technology-
enabled collaborative learning and capacity building models;
``(F) care integration, including integration of behavioral
health, mental health, or substance use disorder services;
and
``(G) addressing emerging public health or substance use
disorder issues to meet the health needs of the population
served by the health center.
``(2) Sustainability.--In making supplemental awards under
this subsection, the Secretary may consider whether the
health center involved has submitted a plan for continuing
the activities funded under this subsection after
supplemental funding is expended.
``(3) Special consideration.--The Secretary may give
special consideration to applications for supplemental
funding under this subsection that seek to address
significant barriers to access to care in areas with a
greater shortage of health care providers and health services
relative to the national average.'';
(5) in subsection (e)(1)--
(A) in subparagraph (B)--
(i) by striking ``2 years'' and inserting ``1 year''; and
(ii) by adding at the end the following: ``The Secretary
shall not make a grant under this paragraph unless the
applicant provides assurances to the Secretary that within
120 days of receiving grant funding for the operation of the
health center, the applicant will submit, for approval by the
Secretary, an implementation plan to meet the requirements of
subsection (k)(3). The Secretary may extend such 120-day
period for achieving compliance upon a demonstration of good
cause by the health center.''; and
(B) in subparagraph (C)--
(i) in the subparagraph heading, by striking ``and plans'';
(ii) by striking ``or plan (as described in subparagraphs
(B) and (C) of subsection (c)(1))'';
(iii) by striking ``or plan, including the purchase'' and
inserting the following: ``including--
``(i) the purchase'';
(iv) by inserting ``, which may include data and
information systems'' after ``of equipment'';
(v) by striking the period at the end and inserting a
semicolon; and
(vi) by adding at the end the following:
``(ii) the provision of training and technical assistance;
and
``(iii) other activities that--
``(I) reduce costs associated with the provision of health
services;
``(II) improve access to, and availability of, health
services provided to individuals served by the centers;
``(III) enhance the quality and coordination of health
services; or
``(IV) improve the health status of communities.'';
(6) in subsection (e)(5)(B)--
(A) in the heading of subparagraph (B), by striking ``and
plans''; and
(B) by striking ``and subparagraphs (B) and (C) of
subsection (c)(1) to a health center or to a network or
plan'' and inserting ``to a health center or to a network'';
(7) in subsection (e), by adding at the end the following:
``(6) New access points and expanded services.--
``(A) Approval of new access points.--
``(i) In general.--The Secretary may approve applications
for grants under subparagraph (A) or (B) of paragraph (1) to
establish new delivery sites.
``(ii) Special consideration.--In carrying out clause (i),
the Secretary may give special consideration to applicants
that have demonstrated the new delivery site will be located
within a sparsely populated area, or an area which has a
level of unmet need that is higher relative to other
applicants.
``(iii) Consideration of applications.--In carrying out
clause (i), the Secretary shall approve applications for
grants in such a manner that the ratio of the medically
underserved populations in rural areas which may be expected
to use the services provided by the applicants involved to
the medically underserved populations in urban areas which
may be expected to
[[Page H1059]]
use the services provided by the applicants is not less than
two to three or greater than three to two.
``(iv) Service area overlap.--If in carrying out clause (i)
the applicant proposes to serve an area that is currently
served by another health center funded under this section,
the Secretary may consider whether the award of funding to an
additional health center in the area can be justified based
on the unmet need for additional services within the
catchment area.
``(B) Approval of expanded service applications.--
``(i) In general.--The Secretary may approve applications
for grants under subparagraph (A) or (B) of paragraph (1) to
expand the capacity of the applicant to provide required
primary health services described in subsection (b)(1) or
additional health services described in subsection (b)(2).
``(ii) Priority expansion projects.--In carrying out clause
(i), the Secretary may give special consideration to expanded
service applications that seek to address emerging public
health or behavioral health, mental health, or substance
abuse issues through increasing the availability of
additional health services described in subsection (b)(2) in
an area in which there are significant barriers to accessing
care.
``(iii) Consideration of applications.--In carrying out
clause (i), the Secretary shall approve applications for
grants in such a manner that the ratio of the medically
underserved populations in rural areas which may be expected
to use the services provided by the applicants involved to
the medically underserved populations in urban areas which
may be expected to use the services provided by such
applicants is not less than two to three or greater than
three to two.'';
(8) in subsection (h)--
(A) in paragraph (1), by striking ``and children and youth
at risk of homelessness'' and inserting ``, children and
youth at risk of homelessness, homeless veterans, and
veterans at risk of homelessness''; and
(B) in paragraph (5)--
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C) as subparagraph (B);
and
(iii) in subparagraph (B) (as so redesignated)--
(I) in the subparagraph heading, by striking ``abuse'' and
inserting ``use disorder''; and
(II) by striking ``abuse'' and inserting ``use disorder'';
(9) in subsection (k)--
(A) in paragraph (2)--
(i) in the paragraph heading, by inserting ``unmet'' before
``need'';
(ii) in the matter preceding subparagraph (A), by inserting
``or subsection (e)(6)'' after ``subsection (e)(1)'';
(iii) in subparagraph (A), by inserting ``unmet'' before
``need for health services'';
(iv) in subparagraph (B), by striking ``and'' at the end;
(v) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(vi) by adding after subparagraph (C) the following:
``(D) in the case of an application for a grant pursuant to
subsection (e)(6), a demonstration that the applicant has
consulted with appropriate State and local government
agencies, and health care providers regarding the need for
the health services to be provided at the proposed delivery
site.'';
(B) in paragraph (3)--
(i) in the matter preceding subparagraph (A), by inserting
``or subsection (e)(6)'' after ``subsection (e)(1)(B)'';
(ii) in subparagraph (B), by striking ``in the catchment
area of the center'' and inserting ``, including other health
care providers that provide care within the catchment area,
local hospitals, and specialty providers in the catchment
area of the center, to provide access to services not
available through the health center and to reduce the non-
urgent use of hospital emergency departments'';
(iii) in subparagraph (H)(ii), by inserting ``who shall be
directly employed by the center'' after ``approves the
selection of a director for the center'';
(iv) in subparagraph (L), by striking ``and'' at the end;
(v) in subparagraph (M), by striking the period and
inserting ``; and''; and
(vi) by inserting after subparagraph (M), the following:
``(N) the center has written policies and procedures in
place to ensure the appropriate use of Federal funds in
compliance with applicable Federal statutes, regulations, and
the terms and conditions of the Federal award.''; and
(C) by striking paragraph (4);
(10) in subsection (l), by adding at the end the following:
``Funds expended to carry out activities under this
subsection and operational support activities under
subsection (m) shall not exceed 3 percent of the amount
appropriated for this section for the fiscal year
involved.'';
(11) in subsection (q)(4), by adding at the end the
following: ``A waiver provided by the Secretary under this
paragraph may not remain in effect for more than 1 year and
may not be extended after such period. An entity may not
receive more than one waiver under this paragraph in
consecutive years.'';
(12) in subsection (r)(3)--
(A) by striking ``appropriate committees of Congress a
report concerning the distribution of funds under this
section'' and inserting the following: ``Committee on Health,
Education, Labor, and Pensions of the Senate, and the
Committee on Energy and Commerce of the House of
Representatives, a report including, at a minimum--
``(A) the distribution of funds for carrying out this
section'';
(B) by striking ``populations. Such report shall include an
assessment'' and inserting the following: ``populations;
``(B) an assessment'';
(C) by striking ``and the rationale for any substantial
changes in the distribution of funds.'' and inserting a
semicolon; and
(D) by adding at the end the following:
``(C) the distribution of awards and funding for new or
expanded services in each of rural areas and urban areas;
``(D) the distribution of awards and funding for
establishing new access points, and the number of new access
points created;
``(E) the amount of unexpended funding for loan guarantees
and loan guarantee authority under title XVI;
``(F) the rationale for any substantial changes in the
distribution of funds;
``(G) the rate of closures for health centers and access
points;
``(H) the number and reason for any grants awarded pursuant
to subsection (e)(1)(B); and
``(I) the number and reason for any waivers provided
pursuant to subsection (q)(4).'';
(13) in subsection (r), by adding at the end the following
new paragraph:
``(5) Funding for participation of health centers in all of
us research program.--In addition to any amounts made
available pursuant to paragraph (1) of this subsection,
section 402A of this Act, or section 10503 of the Patient
Protection and Affordable Care Act, there is authorized to be
appropriated, and there is appropriated, out of any monies in
the Treasury not otherwise appropriated, to the Secretary
$25,000,000 for fiscal year 2018 to support the participation
of health centers in the All of Us Research Program under the
Precision Medicine Initiative under section 498E of this
Act.''; and
(14) by striking subsection (s).
(c) National Health Service Corps.--Section 10503(b)(2)(F)
of the Patient Protection and Affordable Care Act (42 U.S.C.
254b-2(b)(2)(F)), as amended by section 3101 of Public Law
115-96, is amended to read as follows:
``(F) $310,000,000 for each of fiscal years 2018 and
2019.''.
(d) Teaching Health Centers That Operate Graduate Medical
Education Programs.--
(1) Payments.--Subsection (a) of section 340H of the Public
Health Service Act (42 U.S.C. 256h) is amended to read as
follows:
``(a) Payments.--
``(1) In general.--Subject to subsection (h)(2), the
Secretary shall make payments under this section for direct
expenses and indirect expenses to qualified teaching health
centers that are listed as sponsoring institutions by the
relevant accrediting body for, as appropriate--
``(A) maintenance of filled positions at existing approved
graduate medical residency training programs;
``(B) expansion of existing approved graduate medical
residency training programs; and
``(C) establishment of new approved graduate medical
residency training programs.
``(2) Per resident amount.--In making payments under
paragraph (1), the Secretary shall consider the cost of
training residents at teaching health centers and the
implications of the per resident amount on approved graduate
medical residency training programs at teaching health
centers.
``(3) Priority.--In making payments under paragraph (1)(C),
the Secretary shall give priority to qualified teaching
health centers that--
``(A) serve a health professional shortage area with a
designation in effect under section 332 or a medically
underserved community (as defined in section 799B); or
``(B) are located in a rural area (as defined in section
1886(d)(2)(D) of the Social Security Act).''.
(2) Funding.--Paragraph (1) of section 340H(g) of the
Public Health Service Act (42 U.S.C. 256h(g)), as amended by
section 3101 of Public Law 115-96, is amended by striking
``and $30,000,000 for the period of the first and second
quarters of fiscal year 2018,'' and inserting ``and
$126,500,000 for each of fiscal years 2018 and 2019,''.
(3) Annual reporting.--Subsection (h)(1) of section 340H of
the Public Health Service Act (42 U.S.C. 256h) is amended--
(A) by redesignating subparagraph (D) as subparagraph (H);
and
(B) by inserting after subparagraph (C) the following:
``(D) The number of patients treated by residents described
in paragraph (4).
``(E) The number of visits by patients treated by residents
described in paragraph (4).
``(F) Of the number of residents described in paragraph (4)
who completed their residency training at the end of such
residency academic year, the number and percentage of such
residents entering primary care practice (meaning any of the
areas of practice listed in the definition of a primary care
residency program in section 749A).
``(G) Of the number of residents described in paragraph (4)
who completed their residency training at the end of such
residency academic year, the number and percentage of such
residents who entered practice at a health care facility--
``(i) primarily serving a health professional shortage area
with a designation in effect under section 332 or a medically
underserved community (as defined in section 799B); or
``(ii) located in a rural area (as defined in section
1886(d)(2)(D) of the Social Security Act).''.
(4) Report on training costs.--Not later than March 31,
2019, the Secretary of Health and Human Services shall submit
to the Congress a report on the direct graduate expenses of
approved graduate medical residency training programs, and
the indirect expenses associated with the additional costs of
teaching residents, of qualified teaching health centers (as
such terms are used or defined in section 340H of the Public
Health Service Act (42 U.S.C. 256h)).
(5) Definition.--Subsection (j) of section 340H of the
Public Health Service Act (42 U.S.C. 256h) is amended--
[[Page H1060]]
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) New approved graduate medical residency training
program.--The term `new approved graduate medical residency
training program' means an approved graduate medical
residency training program for which the sponsoring qualified
teaching health center has not received a payment under this
section for a previous fiscal year (other than pursuant to
subsection (a)(1)(C)).''.
(6) Technical correction.--Subsection (f) of section 340H
(42 U.S.C. 256h) is amended by striking ``hospital'' each
place it appears and inserting ``teaching health center''.
(7) Payments for previous fiscal years.--The provisions of
section 340H of the Public Health Service Act (42 U.S.C.
256h), as in effect on the day before the date of enactment
of Public Law 115-96, shall continue to apply with respect to
payments under such section for fiscal years before fiscal
year 2018.
(e) Application.--Amounts appropriated pursuant to this
section for fiscal year 2018 or 2019 are subject to the
requirements contained in Public Law 115-31 for funds for
programs authorized under sections 330 through 340 of the
Public Health Service Act (42 U.S.C. 254b-256).
(f) Conforming Amendments.--Paragraph (4) of section
3014(h) of title 18, United States Code, as amended by
section 3101 of Public Law 115-96, is amended by striking
``and section 3101(d) of the CHIP and Public Health Funding
Extension Act'' and inserting ``and section 50901(e) of the
Advancing Chronic Care, Extenders, and Social Services Act''.
SEC. 50902. EXTENSION FOR SPECIAL DIABETES PROGRAMS.
(a) Special Diabetes Program for Type I Diabetes.--Section
330B(b)(2)(D) of the Public Health Service Act (42 U.S.C.
254c-2(b)(2)(D)), as amended by section 3102 of Public Law
115-96, is amended to read as follows:
``(D) $150,000,000 for each of fiscal years 2018 and 2019,
to remain available until expended.''.
(b) Special Diabetes Program for Indians.--Subparagraph (D)
of section 330C(c)(2) of the Public Health Service Act (42
U.S.C. 254c-3(c)(2)), as amended by section 3102 of Public
Law 115-96, is amended to read as follows:
``(D) $150,000,000 for each of fiscal years 2018 and 2019,
to remain available until expended.''.
TITLE X--MISCELLANEOUS HEALTH CARE POLICIES
SEC. 51001. HOME HEALTH PAYMENT REFORM.
(a) Budget Neutral Transition to a 30-day Unit of Payment
for Home Health Services.--Section 1895(b) of the Social
Security Act (42 U.S.C. 1395fff(b)) is amended--
(1) in paragraph (2)--
(A) by striking ``payment.--In defining'' and inserting
``payment.--
``(A) In general.--In defining''; and
(B) by adding at the end the following new subparagraph:
``(B) 30-day unit of service.--For purposes of implementing
the prospective payment system with respect to home health
units of service furnished during a year beginning with 2020,
the Secretary shall apply a 30-day unit of service as the
unit of service applied under this paragraph.'';
(2) in paragraph (3)--
(A) in subparagraph (A), by adding at the end the following
new clause:
``(iv) Budget neutrality for 2020.--With respect to
payments for home health units of service furnished that end
during the 12-month period beginning January 1, 2020, the
Secretary shall calculate a standard prospective payment
amount (or amounts) for 30-day units of service (as described
in paragraph (2)(B)) for the prospective payment system under
this subsection. Such standard prospective payment amount (or
amounts) shall be calculated in a manner such that the
estimated aggregate amount of expenditures under the system
during such period with application of paragraph (2)(B) is
equal to the estimated aggregate amount of expenditures that
otherwise would have been made under the system during such
period if paragraph (2)(B) had not been enacted. The previous
sentence shall be applied before (and not affect the
application of) paragraph (3)(B). In calculating such amount
(or amounts), the Secretary shall make assumptions about
behavior changes that could occur as a result of the
implementation of paragraph (2)(B) and the case-mix
adjustment factors established under paragraph (4)(B) and
shall provide a description of such assumptions in the notice
and comment rulemaking used to implement this clause.''; and
(B) by adding at the end the following new subparagraph:
``(D) Behavior assumptions and adjustments.--
``(i) In general.--The Secretary shall annually determine
the impact of differences between assumed behavior changes
(as described in paragraph (3)(A)(iv)) and actual behavior
changes on estimated aggregate expenditures under this
subsection with respect to years beginning with 2020 and
ending with 2026.
``(ii) Permanent adjustments.--The Secretary shall, at a
time and in a manner determined appropriate, through notice
and comment rulemaking, provide for one or more permanent
increases or decreases to the standard prospective payment
amount (or amounts) for applicable years, on a prospective
basis, to offset for such increases or decreases in estimated
aggregate expenditures (as determined under clause (i)).
``(iii) Temporary adjustments for retrospective behavior.--
The Secretary shall, at a time and in a manner determined
appropriate, through notice and comment rulemaking, provide
for one or more temporary increases or decreases to the
payment amount for a unit of home health services (as
determined under paragraph (4)) for applicable years, on a
prospective basis, to offset for such increases or decreases
in estimated aggregate expenditures (as determined under
clause (i)). Such a temporary increase or decrease shall
apply only with respect to the year for which such temporary
increase or decrease is made, and the Secretary shall not
take into account such a temporary increase or decrease in
computing such amount under this subsection for a subsequent
year.''; and
(3) in paragraph (4)(B)--
(A) by striking ``Factors.--The Secretary'' and inserting
``Factors.--
``(i) In general.--The Secretary''; and
(B) by adding at the end the following new clause:
``(ii) Treatment of therapy thresholds.--For 2020 and
subsequent years, the Secretary shall eliminate the use of
therapy thresholds (established by the Secretary) in case mix
adjustment factors established under clause (i) for
calculating payments under the prospective payment system
under this subsection.''.
(b) Technical Expert Panel.--
(1) In general.--During the period beginning on January 1,
2018, and ending on December 31, 2018, the Secretary of
Health and Human Services shall hold at least one session of
a technical expert panel, the participants of which shall
include home health providers, patient representatives, and
other relevant stakeholders. The technical expert panel shall
identify and prioritize recommendations with respect to the
prospective payment system for home health services under
section 1895(b) of the Social Security Act (42 U.S.C.
1395fff(b)), on the following:
(A) The Home Health Groupings Model, as described in the
proposed rule ``Medicare and Medicaid Programs; CY 2018 Home
Health Prospective Payment System Rate Update and Proposed CY
2019 Case-Mix Adjustment Methodology Refinements; Home Health
Value-Based Purchasing Model; and Home Health Quality
Reporting Requirements'' (82 Fed. Reg. 35294 through 35332
(July 28, 2017)).
(B) Alternative case-mix models to the Home Health
Groupings Model that were submitted during 2017 as comments
in response to proposed rule making, including patient-
focused factors that consider the risks of hospitalization
and readmission to a hospital, improvement or maintenance of
functionality of individuals to increase the capacity for
self-care, quality of care, and resource utilization.
(2) Inapplicability of faca.--The provisions of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
technical expert panel under paragraph (1).
(3) Report.--Not later than April 1, 2019, the Secretary of
Health and Human Services shall submit to the Committee on
Ways and Means and the Committee on Energy and Commerce of
the House of Representatives and the Committee on Finance of
the Senate a report on the recommendations of such panel
described in such paragraph.
(4) Notice and comment rulemaking.--Not later than December
31, 2019, the Secretary of Health and Human Services shall
pursue notice and comment rulemaking on a case-mix system
with respect to the prospective payment system for home
health services under section 1895(b) of the Social Security
Act (42 U.S.C. 1395fff(b)).
(c) Reports.--
(1) Interim report.--Not later than March 15, 2022, the
Medicare Payment Advisory Commission shall submit to Congress
an interim report on the application of a 30-day unit of
service as the unit of service applied under section
1895(b)(2) of the Social Security Act (42 U.S.C.
1395fff(b)(2)), as amended by subsection (a), including an
analysis of the level of payments provided to home health
agencies as compared to the cost of delivering home health
services, and any unintended consequences, including with
respect to behavioral changes and quality.
(2) Final report.--Not later than March 15, 2026, such
Commission shall submit to Congress a final report on such
application and any such consequences.
SEC. 51002. INFORMATION TO SATISFY DOCUMENTATION OF MEDICARE
ELIGIBILITY FOR HOME HEALTH SERVICES.
(a) Part A.--Section 1814(a) of the Social Security Act (42
U.S.C. 1395f(a)) is amended by inserting before ``For
purposes of paragraph (2)(C),'' the following new sentence:
``For purposes of documentation for physician certification
and recertification made under paragraph (2) on or after
January 1, 2019, and made with respect to home health
services furnished by a home health agency, in addition to
using documentation in the medical record of the physician
who so certifies or the medical record of the acute or post-
acute care facility (in the case that home health services
were furnished to an individual who was directly admitted to
the home health agency from such a facility), the Secretary
may use documentation in the medical record of the home
health agency as supporting material, as appropriate to the
case involved.''.
(b) Part B.--Section 1835(a) of the Social Security Act (42
U.S.C. 1395n(a)) is amended by inserting before ``For
purposes of paragraph (2)(A),'' the following new sentence:
``For purposes of documentation for physician certification
and recertification made under paragraph (2) on or after
January 1, 2019, and made with respect to home health
services furnished by a home health agency, in addition to
using documentation in the medical record of the physician
who so certifies or the medical record of the acute or post-
acute care facility (in the case that home health services
were furnished to an individual who was directly admitted to
the home health agency from such a facility), the Secretary
may use documentation in the medical record of the home
health agency as supporting material, as appropriate to the
case involved.''.
[[Page H1061]]
SEC. 51003. TECHNICAL AMENDMENTS TO PUBLIC LAW 114-10.
(a) MIPS Transition.--Section 1848 of the Social Security
Act (42 U.S.C. 1395w-4) is amended--
(1) in subsection (q)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``items and services''
and inserting ``covered professional services (as defined in
subsection (k)(3)(A))''; and
(ii) in subparagraph (C)(iv)--
(I) by amending subclause (I) to read as follows:
``(I) The minimum number (as determined by the Secretary)
of--
``(aa) for performance periods beginning before January 1,
2018, individuals enrolled under this part who are treated by
the eligible professional for the performance period
involved; and
``(bb) for performance periods beginning on or after
January 1, 2018, individuals enrolled under this part who are
furnished covered professional services (as defined in
subsection (k)(3)(A)) by the eligible professional for the
performance period involved.'';
(II) in subclause (II), by striking ``items and services''
and inserting ``covered professional services (as defined in
subsection (k)(3)(A))''; and
(III) by amending subclause (III) to read as follows:
``(III) The minimum amount (as determined by the Secretary)
of--
``(aa) for performance periods beginning before January 1,
2018, allowed charges billed by such professional under this
part for such performance period; and
``(bb) for performance periods beginning on or after
January 1, 2018, allowed charges for covered professional
services (as defined in subsection (k)(3)(A)) billed by such
professional for such performance period.'';
(B) in paragraph (5)(D)--
(i) in clause (i)(I), by inserting ``subject to clause
(iii),'' after ``clauses (i) and (ii) of paragraph (2)(A),'';
and
(ii) by adding at the end the following new clause:
``(iii) Transition years.--For each of the second, third,
fourth, and fifth years for which the MIPS applies to
payments, the performance score for the performance category
described in paragraph (2)(A)(ii) shall not take into account
the improvement of the professional involved.'';
(C) in paragraph (5)(E)--
(i) in clause (i)(I)(bb)--
(I) in the heading by striking ``First 2 years'' and
inserting ``First 5 years''; and
(II) by striking ``the first and second years'' and
inserting ``each of the first through fifth years'';
(ii) in clause (i)(II)(bb)--
(I) in the heading, by striking ``2 years'' and inserting
``5 years''; and
(II) by striking the second sentence and inserting the
following new sentences: ``For each of the second, third,
fourth, and fifth years for which the MIPS applies to
payments, not less than 10 percent and not more than 30
percent of such score shall be based on performance with
respect to the category described in clause (ii) of paragraph
(2)(A). Nothing in the previous sentence shall be construed,
with respect to a performance period for a year described in
the previous sentence, as preventing the Secretary from
basing 30 percent of such score for such year with respect to
the category described in such clause (ii), if the Secretary
determines, based on information posted under subsection
(r)(2)(I) that sufficient resource use measures are ready for
adoption for use under the performance category under
paragraph (2)(A)(ii) for such performance period.'';
(D) in paragraph (6)(D)--
(i) in clause (i), in the second sentence, by striking
``Such performance threshold'' and inserting ``Subject to
clauses (iii) and (iv), such performance threshold'';
(ii) in clause (ii)--
(I) in the first sentence, by inserting ``(beginning with
2019 and ending with 2024)'' after ``for each year of the
MIPS''; and
(II) in the second sentence, by inserting ``subject to
clause (iii),'' after ``For each such year,'';
(iii) in clause (iii)--
(I) in the heading, by striking ``2'' and inserting ``5'';
and
(II) in the first sentence, by striking ``two years'' and
inserting ``five years''; and
(iv) by adding at the end the following new clause:
``(iv) Additional special rule for third, fourth and fifth
years of mips.--For purposes of determining MIPS adjustment
factors under subparagraph (A), in addition to the
requirements specified in clause (iii), the Secretary shall
increase the performance threshold with respect to each of
the third, fourth, and fifth years to which the MIPS applies
to ensure a gradual and incremental transition to the
performance threshold described in clause (i) (as estimated
by the Secretary) with respect to the sixth year to which the
MIPS applies.'';
(E) in paragraph (6)(E)--
(i) by striking ``In the case of items and services'' and
inserting ``In the case of covered professional services (as
defined in subsection (k)(3)(A))''; and
(ii) by striking ``under this part with respect to such
items and services'' and inserting ``under this part with
respect to such covered professional services''; and
(F) in paragraph (7), in the first sentence, by striking
``items and services'' and inserting ``covered professional
services (as defined in subsection (k)(3)(A))'';
(2) in subsection (r)(2), by adding at the end the
following new subparagraph:
``(I) Information.--The Secretary shall, not later than
December 31st of each year (beginning with 2018), post on the
Internet website of the Centers for Medicare & Medicaid
Services information on resource use measures in use under
subsection (q), resource use measures under development and
the time-frame for such development, potential future
resource use measure topics, a description of stakeholder
engagement, and the percent of expenditures under part A and
this part that are covered by resource use measures.''; and
(3) in subsection (s)(5)(B), by striking ``section
1833(z)(2)(C)'' and inserting ``section 1833(z)(3)(D)''.
(b) Physician-focused Payment Model Technical Advisory
Committee Provision of Initial Proposal Feedback.--Section
1868(c)(2)(C) of the Social Security Act (42 U.S.C.
1395ee(c)(2)(C)) is amended to read as follows:
``(C) Committee review of models submitted.--The Committee,
on a periodic basis--
``(i) shall review models submitted under subparagraph (B);
``(ii) may provide individuals and stakeholder entities who
submitted such models with--
``(I) initial feedback on such models regarding the extent
to which such models meet the criteria described in
subparagraph (A); and
``(II) an explanation of the basis for the feedback
provided under subclause (I); and
``(iii) shall prepare comments and recommendations
regarding whether such models meet the criteria described in
subparagraph (A) and submit such comments and recommendations
to the Secretary.''.
SEC. 51004. EXPANDED ACCESS TO MEDICARE INTENSIVE CARDIAC
REHABILITATION PROGRAMS.
Section 1861(eee)(4)(B) of the Social Security Act (42
U.S.C. 1395x(eee)(4)(B)) is amended--
(1) in clause (v), by striking ``or'' at the end;
(2) in clause (vi), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new clauses:
``(vii) stable, chronic heart failure (defined as patients
with left ventricular ejection fraction of 35 percent or less
and New York Heart Association (NYHA) class II to IV symptoms
despite being on optimal heart failure therapy for at least 6
weeks); or
``(viii) any additional condition for which the Secretary
has determined that a cardiac rehabilitation program shall be
covered, unless the Secretary determines, using the same
process used to determine that the condition is covered for a
cardiac rehabilitation program, that such coverage is not
supported by the clinical evidence.''.
SEC. 51005. EXTENSION OF BLENDED SITE NEUTRAL PAYMENT RATE
FOR CERTAIN LONG-TERM CARE HOSPITAL DISCHARGES;
TEMPORARY ADJUSTMENT TO SITE NEUTRAL PAYMENT
RATES.
(a) Extension.--Section 1886(m)(6)(B)(i) of the Social
Security Act (42 U.S.C. 1395ww(m)(6)(B)(i)) is amended--
(1) in subclause (I), by striking ``fiscal year 2016 or
fiscal year 2017'' and inserting ``fiscal years 2016 through
2019''; and
(2) in subclause (II), by striking ``2018'' and inserting
``2020''.
(b) Temporary Adjustment to Site Neutral Payment Rates.--
Section 1886(m)(6)(B) of the Social Security Act (42 U.S.C.
1395ww(m)(6)(B)) is amended--
(1) in clause (ii), in the matter preceding subclause (I),
by striking ``In this paragraph'' and inserting ``Subject to
clause (iv), in this paragraph''; and
(2) by adding at the end the following new clause:
``(iv) Adjustment.--For each of fiscal years 2018 through
2026, the amount that would otherwise apply under clause
(ii)(I) for the year (determined without regard to this
clause) shall be reduced by 4.6 percent.''.
SEC. 51006. RECOGNITION OF ATTENDING PHYSICIAN ASSISTANTS AS
ATTENDING PHYSICIANS TO SERVE HOSPICE PATIENTS.
(a) Recognition of Attending Physician Assistants as
Attending Physicians To Serve Hospice Patients.--
(1) In general.--Section 1861(dd)(3)(B) of the Social
Security Act (42 U.S.C. 1395x(dd)(3)(B)) is amended--
(A) by striking ``or nurse'' and inserting ``, the nurse'';
and
(B) by inserting ``, or the physician assistant (as defined
in such subsection)'' after ``subsection (aa)(5))''.
(2) Clarification of hospice role of physician
assistants.--Section 1814(a)(7)(A)(i)(I) of the Social
Security Act (42 U.S.C. 1395f(a)(7)(A)(i)(I)) is amended by
inserting ``or a physician assistant'' after ``a nurse
practitioner''.
(b) Effective Date.--The amendments made by this section
shall apply to items and services furnished on or after
January 1, 2019.
SEC. 51007. EXTENSION OF ENFORCEMENT INSTRUCTION ON
SUPERVISION REQUIREMENTS FOR OUTPATIENT
THERAPEUTIC SERVICES IN CRITICAL ACCESS AND
SMALL RURAL HOSPITALS THROUGH 2017.
Section 1 of Public Law 113-198, as amended by section 1 of
Public Law 114-112 and section 16004(a) of the 21st Century
Cures Act (Public Law 114-255), is amended--
(1) in the section heading, by striking ``2016'' and
inserting ``2017''; and
(2) by striking ``and 2016'' and inserting ``2016, and
2017''.
SEC. 51008. ALLOWING PHYSICIAN ASSISTANTS, NURSE
PRACTITIONERS, AND CLINICAL NURSE SPECIALISTS
TO SUPERVISE CARDIAC, INTENSIVE CARDIAC, AND
PULMONARY REHABILITATION PROGRAMS.
(a) Cardiac and Intensive Cardiac Rehabilitation
Programs.--Section 1861(eee) of the Social Security Act (42
U.S.C. 1395x(eee)) is amended--
[[Page H1062]]
(1) in paragraph (1)--
(A) by striking ``physician-supervised''; and
(B) by inserting ``under the supervision of a physician (as
defined in subsection (r)(1)) or a physician assistant, nurse
practitioner, or clinical nurse specialist (as those terms
are defined in subsection (aa)(5))'' before the period at the
end;
(2) in paragraph (2)--
(A) in subparagraph (A)(iii), by striking the period at the
end and inserting a semicolon; and
(B) in subparagraph (B), by striking ``a physician'' and
inserting ``a physician (as defined in subsection (r)(1)) or
a physician assistant, nurse practitioner, or clinical nurse
specialist (as those terms are defined in subsection
(aa)(5))''; and
(3) in paragraph (4)(A), in the matter preceding clause
(i)--
(A) by striking ``physician-supervised''; and
(B) by inserting ``under the supervision of a physician (as
defined in subsection (r)(1)) or a physician assistant, nurse
practitioner, or clinical nurse specialist (as those terms
are defined in subsection (aa)(5))'' after ``paragraph (3)''.
(b) Pulmonary Rehabilitation Programs.--Section
1861(fff)(1) of the Social Security Act (42 U.S.C.
1395x(fff)(1)) is amended--
(1) by striking ``physician-supervised''; and
(2) by inserting ``under the supervision of a physician (as
defined in subsection (r)(1)) or a physician assistant, nurse
practitioner, or clinical nurse specialist (as those terms
are defined in subsection (aa)(5))'' before the period at the
end.
(c) Effective Date.--The amendments made by this section
shall apply to items and services furnished on or after
January 1, 2024.
SEC. 51009. TRANSITIONAL PAYMENT RULES FOR CERTAIN RADIATION
THERAPY SERVICES UNDER THE PHYSICIAN FEE
SCHEDULE.
Section 1848 of the Social Security Act (42 U.S.C. 1395w-4)
is amended--
(1) in subsection (b)(11), by striking ``2017 and 2018''
and inserting ``2017, 2018, and 2019''; and
(2) in subsection (c)(2)(K)(iv), by striking ``2017 and
2018'' and inserting ``2017, 2018, and 2019''.
TITLE XI--PROTECTING SENIORS' ACCESS TO MEDICARE ACT
SEC. 52001. REPEAL OF THE INDEPENDENT PAYMENT ADVISORY BOARD.
(a) Repeal.--Section 1899A of the Social Security Act (42
U.S.C. 1395kkk) is repealed.
(b) Conforming Amendments.--
(1) Lobbying cooling-off period.--Paragraph (3) of section
207(c) of title 18, United States Code, is repealed.
(2) GAO study and report.--Section 3403(b) of the Patient
Protection and Affordable Care Act (42 U.S.C. 1395kkk-1) is
repealed.
(3) MedPAC review and comment.--Section 1805(b) of the
Social Security Act (42 U.S.C. 1395b-6(b)) is amended--
(A) by striking paragraph (4);
(B) by redesignating paragraphs (5) through (8) as
paragraphs (4) through (7), respectively; and
(C) by redesignating the paragraph (9) that was
redesignated by section 3403(c)(1) of the Patient Protection
and Affordable Care Act (Public Law 111-148) as paragraph
(8).
(4) Name change.--Section 10320(b) of the Patient
Protection and Affordable Care Act (Public Law 111-148) is
repealed.
(5) Rule of construction.--Section 10320(c) of the Patient
Protection and Affordable Care Act (Public Law 111-148) is
repealed.
TITLE XII--OFFSETS
SEC. 53101. MODIFYING REDUCTIONS IN MEDICAID DSH ALLOTMENTS.
Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C.
1396r-4(f)(7)(A)) is amended--
(1) in clause (i), in the matter preceding subclause (I),
by striking ``2018'' and inserting ``2020''; and
(2) in clause (ii), by striking subclauses (I) through
(VIII) and inserting the following:
``(I) $4,000,000,000 for fiscal year 2020; and
``(II) $8,000,000,000 for each of fiscal years 2021 through
2025.''.
SEC. 53102. THIRD PARTY LIABILITY IN MEDICAID AND CHIP.
(a) Modification of Third Party Liability Rules Related to
Special Treatment of Certain Types of Care and Payments.--
(1) In general.--Section 1902(a)(25)(E) of the Social
Security Act (42 U.S.C. 1396a(a)(25)(E)) is amended, in the
matter preceding clause (i), by striking ``prenatal or''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of enactment of this Act.
(b) Delay in Effective Date and Repeal of Certain
Bipartisan Budget Act of 2013 Amendments.--
(1) Repeal.--Effective as of September 30, 2017, subsection
(b) of section 202 of the Bipartisan Budget Act of 2013
(Public Law 113-67; 127 Stat. 1177; 42 U.S.C. 1396a note)
(including any amendments made by such subsection) is
repealed and the provisions amended by such subsection shall
be applied and administered as if such amendments had never
been enacted.
(2) Delay in effective date.--Subsection (c) of section 202
of the Bipartisan Budget Act of 2013 (Public Law 113-67; 127
Stat. 1177; 42 U.S.C. 1396a note) is amended to read as
follows:
``(c) Effective Date.--The amendments made by subsection
(a) shall take effect on October 1, 2019.''.
(3) Effective date; treatment.--The repeal and amendment
made by this subsection shall take effect as if enacted on
September 30, 2017, and shall apply with respect to any open
claims, including claims pending, generated, or filed, after
such date. The amendments made by subsections (a) and (b) of
section 202 of the Bipartisan Budget Act of 2013 (Public Law
113-67; 127 Stat. 1177; 42 U.S.C. 1396a note) that took
effect on October 1, 2017, are null and void and section
1902(a)(25) of the Social Security Act (42 U.S.C.
1396a(a)(25)) shall be applied and administered as if such
amendments had not taken effect on such date.
(c) GAO Study and Report.--Not later than 18 months after
the date of enactment of this Act, the Comptroller General of
the United States shall submit a report to the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Finance of the Senate on the impacts of the
amendments made by subsections (a)(1) and (b)(2), including--
(1) the impact, or potential effect, of such amendments on
access to prenatal and preventive pediatric care (including
early and periodic screening, diagnostic, and treatment
services) covered under State plans under such title (or
waivers of such plans);
(2) the impact, or potential effect, of such amendments on
access to services covered under such plans or waivers for
individuals on whose behalf child support enforcement is
being carried out by a State agency under part D of title IV
of such Act; and
(3) the impact, or potential effect, on providers of
services under such plans or waivers of delays in payment or
related issues that result from such amendments.
(d) Application to CHIP.--
(1) In general.--Section 2107(e)(1) of the Social Security
Act (42 U.S.C. 1397gg(e)(1)) is amended--
(A) by redesignating subparagraphs (B) through (R) as
subparagraphs (C) through (S), respectively; and
(B) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Section 1902(a)(25) (relating to third party
liability).''.
(2) Mandatory reporting.--Section 1902(a)(25)(I)(i) of the
Social Security Act (42 U.S.C. 1396a(a)(25)(I)(i)) is
amended--
(A) by striking ``medical assistance under the State plan''
and inserting ``medical assistance under a State plan (or
under a waiver of the plan)'';
(B) by striking ``(and, at State option, child'' and
inserting ``and child''; and
(C) by striking ``title XXI)'' and inserting ``title XXI''.
SEC. 53103. TREATMENT OF LOTTERY WINNINGS AND OTHER LUMP-SUM
INCOME FOR PURPOSES OF INCOME ELIGIBILITY UNDER
MEDICAID.
(a) In General.--Section 1902 of the Social Security Act
(42 U.S.C. 1396a) is amended--
(1) in subsection (a)(17), by striking ``(e)(14), (e)(14)''
and inserting ``(e)(14), (e)(15)''; and
(2) in subsection (e)(14), by adding at the end the
following new subparagraph:
``(K) Treatment of certain lottery winnings and income
received as a lump sum.--
``(i) In general.--In the case of an individual who is the
recipient of qualified lottery winnings (pursuant to
lotteries occurring on or after January 1, 2018) or qualified
lump sum income (received on or after such date) and whose
eligibility for medical assistance is determined based on the
application of modified adjusted gross income under
subparagraph (A), a State shall, in determining such
eligibility, include such winnings or income (as applicable)
as income received--
``(I) in the month in which such winnings or income (as
applicable) is received if the amount of such winnings or
income is less than $80,000;
``(II) over a period of 2 months if the amount of such
winnings or income (as applicable) is greater than or equal
to $80,000 but less than $90,000;
``(III) over a period of 3 months if the amount of such
winnings or income (as applicable) is greater than or equal
to $90,000 but less than $100,000; and
``(IV) over a period of 3 months plus 1 additional month
for each increment of $10,000 of such winnings or income (as
applicable) received, not to exceed a period of 120 months
(for winnings or income of $1,260,000 or more), if the amount
of such winnings or income is greater than or equal to
$100,000.
``(ii) Counting in equal installments.--For purposes of
subclauses (II), (III), and (IV) of clause (i), winnings or
income to which such subclause applies shall be counted in
equal monthly installments over the period of months
specified under such subclause.
``(iii) Hardship exemption.--An individual whose income, by
application of clause (i), exceeds the applicable eligibility
threshold established by the State, shall continue to be
eligible for medical assistance to the extent that the State
determines, under procedures established by the State (in
accordance with standards specified by the Secretary), that
the denial of eligibility of the individual would cause an
undue medical or financial hardship as determined on the
basis of criteria established by the Secretary.
``(iv) Notifications and assistance required in case of
loss of eligibility.--A State shall, with respect to an
individual who loses eligibility for medical assistance under
the State plan (or a waiver of such plan) by reason of clause
(i)--
``(I) before the date on which the individual loses such
eligibility, inform the individual--
``(aa) of the individual's opportunity to enroll in a
qualified health plan offered through an Exchange established
under title I of the Patient Protection and Affordable Care
Act during the special enrollment period specified in section
9801(f)(3) of the Internal Revenue Code of 1986 (relating to
loss of Medicaid or CHIP coverage); and
``(bb) of the date on which the individual would no longer
be considered ineligible by reason of clause (i) to receive
medical assistance under the State plan or under any waiver
of
[[Page H1063]]
such plan and be eligible to reapply to receive such medical
assistance; and
``(II) provide technical assistance to the individual
seeking to enroll in such a qualified health plan.
``(v) Qualified lottery winnings defined.--In this
subparagraph, the term `qualified lottery winnings' means
winnings from a sweepstakes, lottery, or pool described in
paragraph (3) of section 4402 of the Internal Revenue Code of
1986 or a lottery operated by a multistate or
multijurisdictional lottery association, including amounts
awarded as a lump sum payment.
``(vi) Qualified lump sum income defined.--In this
subparagraph, the term `qualified lump sum income' means
income that is received as a lump sum from monetary winnings
from gambling (as defined by the Secretary and including
gambling activities described in section 1955(b)(4) of title
18, United States Code).''.
(b) Rules of Construction.--
(1) Interception of lottery winnings allowed.--Nothing in
the amendment made by subsection (a)(2) shall be construed as
preventing a State from intercepting the State lottery
winnings awarded to an individual in the State to recover
amounts paid by the State under the State Medicaid plan under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)
for medical assistance furnished to the individual.
(2) Applicability limited to eligibility of recipient of
lottery winnings or lump sum income.--Nothing in the
amendment made by subsection (a)(2) shall be construed, with
respect to a determination of household income for purposes
of a determination of eligibility for medical assistance
under the State plan under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.) (or a waiver of such plan) made
by applying modified adjusted gross income under subparagraph
(A) of section 1902(e)(14) of such Act (42 U.S.C.
1396a(e)(14)), as limiting the eligibility for such medical
assistance of any individual that is a member of the
household other than the individual who received qualified
lottery winnings or qualified lump-sum income (as defined in
subparagraph (K) of such section 1902(e)(14), as added by
subsection (a)(2) of this section).
SEC. 53104. REBATE OBLIGATION WITH RESPECT TO LINE EXTENSION
DRUGS.
(a) In General.--Section 1927(c)(2)(C) of the Social
Security Act (42 U.S.C. 1396r-8(c)(2)(C)) is amended by
striking ``(C) treatment of new formulations.--In the case''
and all that follows through the period at the end of the
first sentence and inserting the following:
``(C) Treatment of new formulations.--
``(i) In general.--In the case of a drug that is a line
extension of a single source drug or an innovator multiple
source drug that is an oral solid dosage form, the rebate
obligation for a rebate period with respect to such drug
under this subsection shall be the greater of the amount
described in clause (ii) for such drug or the amount
described in clause (iii) for such drug.
``(ii) Amount 1.--For purposes of clause (i), the amount
described in this clause with respect to a drug described in
clause (i) and rebate period is the amount computed under
paragraph (1) for such drug, increased by the amount computed
under subparagraph (A) and, as applicable, subparagraph (B)
for such drug and rebate period.
``(iii) Amount 2.--For purposes of clause (i), the amount
described in this clause with respect to a drug described in
clause (i) and rebate period is the amount computed under
paragraph (1) for such drug, increased by the product of--
``(I) the average manufacturer price for the rebate period
of the line extension of a single source drug or an innovator
multiple source drug that is an oral solid dosage form;
``(II) the highest additional rebate (calculated as a
percentage of average manufacturer price) under this
paragraph for the rebate period for any strength of the
original single source drug or innovator multiple source
drug; and
``(III) the total number of units of each dosage form and
strength of the line extension product paid for under the
State plan in the rebate period (as reported by the
State).''.
(b) Effective Date.--The amendments made subsection (a)
shall apply with respect to rebate periods beginning on or
after October 1, 2018.
SEC. 53105. MEDICAID IMPROVEMENT FUND.
Section 1941(b) of the Social Security Act (42 U.S.C.
1396w-1(b)) is amended--
(1) in paragraph (1), by striking ``$5,000,000'' and
inserting ``$0''; and
(2) in paragraph (3)(A), by striking ``$980,000,000'' and
inserting ``$0''.
SEC. 53106. PHYSICIAN FEE SCHEDULE UPDATE.
Section 1848(d)(18) of the Social Security Act (42 U.S.C.
1395w-4(d)(18)) is amended by striking ``paragraph (1)(C)''
and all that follows and inserting the following: ``paragraph
(1)(C)--
``(A) for 2016 and each subsequent year through 2018 shall
be 0.5 percent; and
``(B) for 2019 shall be 0.25 percent.''.
SEC. 53107. PAYMENT FOR OUTPATIENT PHYSICAL THERAPY SERVICES
AND OUTPATIENT OCCUPATIONAL THERAPY SERVICES
FURNISHED BY A THERAPY ASSISTANT.
Section 1834 of the Social Security Act (42 U.S.C. 1395m)
is amended by adding at the end the following new subsection:
``(v) Payment for Outpatient Physical Therapy Services and
Outpatient Occupational Therapy Services Furnished by a
Therapy Assistant.--
``(1) In general.--In the case of an outpatient physical
therapy service or outpatient occupational therapy service
furnished on or after January 1, 2022, for which payment is
made under section 1848 or subsection (k), that is furnished
in whole or in part by a therapy assistant (as defined by the
Secretary), the amount of payment for such service shall be
an amount equal to 85 percent of the amount of payment
otherwise applicable for the service under this part. Nothing
in the preceding sentence shall be construed to change
applicable requirements with respect to such services.
``(2) Use of modifier.--
``(A) Establishment.--Not later than January 1, 2019, the
Secretary shall establish a modifier to indicate (in a form
and manner specified by the Secretary), in the case of an
outpatient physical therapy service or outpatient
occupational therapy service furnished in whole or in part by
a therapy assistant (as so defined), that the service was
furnished by a therapy assistant.
``(B) Required use.--Each request for payment, or bill
submitted, for an outpatient physical therapy service or
outpatient occupational therapy service furnished in whole or
in part by a therapy assistant (as so defined) on or after
January 1, 2020, shall include the modifier established under
subparagraph (A) for each such service.
``(3) Implementation.--The Secretary shall implement this
subsection through notice and comment rulemaking.''.
SEC. 53108. REDUCTION FOR NON-EMERGENCY ESRD AMBULANCE
TRANSPORTS.
Section 1834(l)(15) of the Social Security Act (42. U.S.C.
1395m(l)(15)) is amended by striking ``on or after October 1,
2013'' and inserting ``during the period beginning on October
1, 2013, and ending on September 30, 2018, and by 23 percent
for such services furnished on or after October 1, 2018''.
SEC. 53109. HOSPITAL TRANSFER POLICY FOR EARLY DISCHARGES TO
HOSPICE CARE.
(a) In General.--Section 1886(d)(5)(J) of the Social
Security Act (42 U.S.C. 1395ww(d)(5)(J)) is amended--
(1) in clause (ii)--
(A) in subclause (III), by striking ``or'' at the end;
(B) by redesignating subclause (IV) as subclause (V); and
(C) by inserting after subclause (III) the following new
subclause:
``(IV) for discharges occurring on or after October 1,
2018, is provided hospice care by a hospice program; or'';
and
(2) in clause (iv)--
(A) by inserting after the first sentence the following new
sentence: ``The Secretary shall include in the proposed rule
published for fiscal year 2019, a description of the effect
of clause (ii)(IV).''; and
(B) in subclause (I), by striking ``and (III)'' and
inserting ``(III), and, in the case of proposed and final
rules for fiscal year 2019 and subsequent fiscal years,
(IV)''.
(b) MedPAC Evaluation and Report.--
(1) Evaluation.--The Medicare Payment Advisory Commission
(in this subsection referred to as the ``Commission'') shall
conduct an evaluation of the effects of the amendments made
by subsection (a), including the effects on--
(A) the numbers of discharges of patients from an inpatient
hospital setting to a hospice program;
(B) the lengths of stays of patients in an inpatient
hospital setting who are discharged to a hospice program;
(C) spending under the Medicare program under title XVIII
of the Social Security Act; and
(D) other areas determined appropriate by the Commission.
(2) Consideration.--In conducting the evaluation under
paragraph (1), the Commission shall consider factors such as
whether the timely access to hospice care by patients
admitted to a hospital has been affected through changes to
hospital policies or behaviors made as a result of such
amendments.
(3) Preliminary results.--Not later than March 15, 2020,
the Commission shall provide Congress with preliminary
results on the evaluation being conducted under paragraph
(1).
(4) Report.--Not later than March 15, 2021, the Commission
shall submit to Congress a report on the evaluation conducted
under paragraph (1).
SEC. 53110. MEDICARE PAYMENT UPDATE FOR HOME HEALTH SERVICES.
Section 1895(b)(3)(B) of the Social Security Act (42 U.S.C.
1395fff(b)(3)(B)) is amended--
(1) in clause (iii), in the last sentence, by inserting
before the period at the end the following: ``and for 2020
shall be 1.5 percent''; and
(2) in clause (vi), by inserting ``and 2020'' after
``except 2018''.
SEC. 53111. MEDICARE PAYMENT UPDATE FOR SKILLED NURSING
FACILITIES.
Section 1888(e)(5)(B) of the Social Security Act (42 U.S.C.
1395yy(e)(5)(B)) is amended--
(1) in clause (i), by striking ``and (iii)'' and inserting
``, (iii), and (iv)'';
(2) in clause (ii), by striking ``clause (iii)'' and
inserting ``clauses (iii) and (iv)''; and
(3) by adding at the end the following new clause:
``(iv) Special rule for fiscal year 2019.--For fiscal year
2019 (or other similar annual period specified in clause
(i)), the skilled nursing facility market basket percentage,
after application of clause (ii), is equal to 2.4 percent.''.
SEC. 53112. PREVENTING THE ARTIFICIAL INFLATION OF STAR
RATINGS AFTER THE CONSOLIDATION OF MEDICARE
ADVANTAGE PLANS OFFERED BY THE SAME
ORGANIZATION.
Section 1853(o)(4) of the Social Security Act (42 U.S.C.
1395w-23(o)(4)) is amended by adding at the end the following
new subparagraph:
``(D) Special rule to prevent the artificial inflation of
star ratings after the consolidation of medicare advantage
plans offered by a single organization.--
``(i) In general.--If--
``(I) a Medicare Advantage organization has entered into
more than one contract with the Secretary with respect to the
offering of Medicare Advantage plans; and
``(II) on or after January 1, 2019, the Secretary approves
a request from the organization
[[Page H1064]]
to consolidate the plans under one or more contract (in this
subparagraph referred to as a `closed contract') with the
plans offered under a separate contract (in this subparagraph
referred to as the `continuing contract');
with respect to the continuing contract, the Secretary shall
adjust the quality rating under the 5-star rating system and
any quality increase under this subsection and rebate amounts
under section 1854 to reflect an enrollment-weighted average
of scores or ratings for the continuing and closed contracts,
as determined appropriate by the Secretary.
``(ii) Application.--An adjustment under clause (i) shall
apply for any year for which the quality rating of the
continuing contract is based primarily on a measurement
period that is prior to the first year in which a closed
contract is no longer offered.''.
SEC. 53113. SUNSETTING EXCLUSION OF BIOSIMILARS FROM MEDICARE
PART D COVERAGE GAP DISCOUNT PROGRAM.
Section 1860D-14A(g)(2)(A) of the Social Security Act (42
U.S.C. 1395w-114a(g)(2)(A)) is amended by inserting ``, with
respect to a plan year before 2019,'' after ``other than''.
SEC. 53114. ADJUSTMENTS TO MEDICARE PART B AND PART D PREMIUM
SUBSIDIES FOR HIGHER INCOME INDIVIDUALS.
(a) In General.--Section 1839(i)(3)(C)(i) of the Social
Security Act (42 U.S.C. 1395r(i)(3)(C)(i)) is amended--
(1) in subclause (II), in the matter preceding the table,
by striking ``years beginning with''; and
(2) by adding at the end the following new subclause:
``(III) Subject to paragraph (5), for years beginning with
2019:
``If the modified adjusted gross income is:....... The applicable
percentage is:
More than $85,000 but not more than $107,000...... 35 percent
More than $107,000 but not more than $133,500..... 50 percent
More than $133,500 but not more than $160,000..... 65 percent
More than $160,000 but less than $500,000......... 80 percent
At least $500,000................................. 85 percent.''.
(b) Joint Returns.--Section 1839(i)(3)(C)(ii) of the Social
Security Act (42 U.S.C. 1395r(i)(3)(C)(ii)) is amended by
inserting before the period the following: ``except, with
respect to the dollar amounts applied in the last row of the
table under subclause (III) of such clause (and the second
dollar amount specified in the second to last row of such
table), clause (i) shall be applied by substituting dollar
amounts which are 150 percent of such dollar amounts for the
calendar year''.
(c) Inflation Adjustment.--Section 1839(i)(5) of the Social
Security Act (42 U.S.C. 1395r(i)(5)) is amended--
(1) in subparagraph (A), by striking ``In the case'' and
inserting ``Subject to subparagraph (C), in the case'';
(2) in subparagraph (B), by striking ``subparagraph (A)''
and inserting ``subparagraph (A) or (C)''; and
(3) by adding at the end the following new subparagraph:
``(C) Treatment of adjustments for certain higher income
individuals.--
``(i) In general.--Subparagraph (A) shall not apply with
respect to each dollar amount in paragraph (3) of $500,000.
``(ii) Adjustment beginning 2028.--In the case of any
calendar year beginning after 2027, each dollar amount in
paragraph (3) of $500,000 shall be increased by an amount
equal to--
``(I) such dollar amount, multiplied by
``(II) the percentage (if any) by which the average of the
Consumer Price Index for all urban consumers (United States
city average) for the 12-month period ending with August of
the preceding calendar year exceeds such average for the 12-
month period ending with August 2026.''.
SEC. 53115. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$220,000,000'' and
inserting ``$0''.
SEC. 53116. CLOSING THE DONUT HOLE FOR SENIORS.
(a) Closing Donut Hole Sooner.--Section 1860D-2(b)(2)(D) of
the Social Security Act (42 U.S.C. 1395w-102(b)(2)(D))--
(1) in clause (i), by amending subclause (I) to read as
follows:
``(I) equal to the difference between--
``(aa) the applicable gap percentage (specified in clause
(ii) for the year); and
``(bb) the discount percentage specified in section 1860D-
14A(g)(4)(A) for such applicable drugs (or, in the case of a
year after 2018, 50 percent); or''; and
(2) in clause (ii)--
(A) in subclause (IV), by adding ``and'' at the end;
(B) by striking subclause (V); and
(C) in subclause (VI)--
(i) by striking ``2020'' and inserting ``2019''; and
(ii) by redesignating such subclause as subclause (V).
(b) Lowering Discounted Price.--Section 1860D-14A(g)(4)(A)
of the Social Security Act (42 U.S.C. 1395w-114a(g)(4)(A)) is
amended by inserting ``(or, with respect to a plan year after
plan year 2018, 30 percent)'' after ``50 percent''.
SEC. 53117. MODERNIZING CHILD SUPPORT ENFORCEMENT FEES.
(a) In General.--Section 454(6)(B)(ii) of the Social
Security Act (42 U.S.C. 654(6)(B)(ii)) is amended--
(1) by striking ``$25'' and inserting ``$35''; and
(2) by striking ``$500'' each place it appears and
inserting ``$550''.
(b) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall take effect on the 1st day of the 1st fiscal year that
begins on or after the date of the enactment of this Act, and
shall apply to payments under part D of title IV of the
Social Security Act (42 U.S.C. 651 et seq.) for calendar
quarters beginning on or after such 1st day.
(2) Delay permitted if state legislation required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part
D of title IV of the Social Security Act (42 U.S.C. 651 et
seq.) to meet the requirements imposed by the amendment made
by subsection (a), the plan shall not be regarded as failing
to meet such requirements before the 1st day of the 1st
calendar quarter beginning after the first regular session of
the State legislature that begins after the date of the
enactment of this Act. For purposes of the preceding
sentence, if the State has a 2-year legislative session, each
year of the session is deemed to be a separate regular
session of the State legislature.
SEC. 53118. INCREASING EFFICIENCY OF PRISON DATA REPORTING.
(a) In General.--Section 1611(e)(1)(I)(i)(II) of the Social
Security Act (42 U.S.C. 1382(e)(1)(I)(i)(II)) is amended by
striking ``30 days'' each place it appears and inserting ``15
days''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to any payment made by the
Commissioner of Social Security pursuant to section
1611(e)(1)(I)(i)(II) of the Social Security Act (42 U.S.C.
1382(e)(1)(I)(i)(II)) (as amended by such subsection) on or
after the date that is 6 months after the date of enactment
of this Act.
SEC. 53119. PREVENTION AND PUBLIC HEALTH FUND.
Section 4002(b) of the Patient Protection and Affordable
Care Act (42 U.S.C. 300u-11(b)), as amended by section 3103
of Public Law 115-96, is amended by striking paragraphs (4)
through (9) and inserting the following:
``(4) for fiscal year 2019, $900,000,000;
``(5) for each of fiscal years 2020 and 2021, $950,000,000;
``(6) for each of fiscal years 2022 and 2023,
$1,000,000,000;
``(7) for each of fiscal years 2024 and 2025,
$1,300,000,000;
``(8) for each of fiscal years 2026 and 2027,
$1,800,000,000; and
``(9) for fiscal year 2028 and each fiscal year thereafter,
$2,000,000,000.''.
DIVISION F--IMPROVEMENTS TO AGRICULTURE PROGRAMS
Sec. 60101. (a) Treatment of Seed Cotton.--
(1) Designation of seed cotton as a covered commodity.--
Section 1111(6) of the Agricultural Act of 2014 (7 U.S.C.
9011(6)) is amended--
(A) by striking ``The term'' and inserting the following:
``(A) In general.--The term''; and
(B) by adding at the end the following:
``(B) Inclusion.--Effective beginning with the 2018 crop
year, the term `covered commodity' includes seed cotton.''.
(2) Reference price for seed cotton.--Section 1111(18) of
the Agricultural Act of 2014 (7 U.S.C. 9011(18)) is amended
by adding at the end the following:
``(O) For seed cotton, $0.367 per pound.''.
(3) Definition of seed cotton.--Section 1111 of the
Agricultural Act of 2014 (7 U.S.C. 9011) is amended--
(A) by redesignating paragraphs (20) through (24) as
paragraphs (21) through (25), respectively; and
(B) by inserting after paragraph (19) the following:
``(20) Seed cotton.--The term `seed cotton' means unginned
upland cotton that includes both lint and seed.''.
(4) Payment yield.--Section 1113 of the Agricultural Act of
2014 (7 U.S.C. 9013) is amended by adding at the end the
following:
``(e) Payment Yield for Seed Cotton.--
``(1) Payment yield.--Subject to paragraph (2), the payment
yield for seed cotton for a farm shall be equal to 2.4 times
the payment yield for upland cotton for the farm established
under section 1104(e)(3) of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8714(e)(3)) (as in effect on
September 30, 2013).
``(2) Update.--At the sole discretion of the owner of a
farm with a yield for upland cotton described in paragraph
(1), the owner of the farm shall have a 1-time opportunity to
update the payment yield for upland cotton for the farm, as
provided in subsection (d), for the purpose of calculating
the payment yield for seed cotton under paragraph (1).''.
(5) Payment acres.--Section 1114(b) of the Agricultural Act
of 2014 (7 U.S.C. 9014(b)) is amended by adding at the end
the following:
``(4) Seed cotton.--
``(A) In general.--Not later than 90 days after the date of
enactment of this paragraph, the Secretary shall require the
owner of a farm
[[Page H1065]]
to allocate all generic base acres on the farm under
subparagraph (B) or (C), or both.
``(B) No recent history of covered commodities.--In the
case of a farm on which no covered commodities (including
seed cotton) were planted or were prevented from being
planted at any time during the 2009 through 2016 crop years,
the owner of such farm shall allocate generic base acres on
the farm to unassigned crop base for which no payments may be
made under section 1116 or 1117.
``(C) Recent history of covered commodities.--In the case
of a farm not described in subparagraph (B), the owner of
such farm shall allocate generic base acres on the farm--
``(i) subject to subparagraph (D), to seed cotton base
acres in a quantity equal to the greater of--
``(I) 80 percent of the generic base acres on the farm; or
``(II) the average number of seed cotton acres planted or
prevented from being planted on the farm during the 2009
through 2012 crop years (not to exceed the total generic base
acres on the farm); or
``(ii) to base acres for covered commodities (including
seed cotton), by applying subparagraphs (B), (D), (E), and
(F) of section 1112(a)(3).
``(D) Treatment of residual generic base acres.--In the
case of a farm on which generic base acres are allocated
under subparagraph (C)(i), the residual generic base acres
shall be allocated to unassigned crop base for which no
payments may be made under section 1116 or 1117.
``(E) Effect of failure to allocate.--In the case of a farm
not described in subparagraph (B) for which the owner of the
farm fails to make an election under subparagraph (C), the
owner of the farm shall be deemed to have elected to allocate
all generic base acres in accordance with subparagraph
(C)(i).''.
(6) Recordkeeping regarding unassigned crop base.--Section
1114 of the Agricultural Act of 2014 (7 U.S.C. 9014) is
amended by adding at the end the following:
``(f) Unassigned Crop Base.--The Secretary shall maintain
information on generic base acres on a farm allocated as
unassigned crop base under subsection (b)(4).''.
(7) Special election period for price loss coverage or
agriculture risk coverage.--Section 1115 of the Agricultural
Act of 2014 (7 U.S.C. 9015) is amended--
(A) in subsection (a), by striking ``For'' and inserting
``Except as provided in subsection (g), for''; and
(B) by adding at the end the following:
``(g) Special Election.--
``(1) In general.--In the case of acres allocated to seed
cotton on a farm, all of the producers on the farm shall be
given the opportunity to make a new 1-time election under
subsection (a) to reflect the designation of seed cotton as a
covered commodity for that crop year under section
1111(6)(B).
``(2) Effect of failure to make unanimous election.--If all
the producers on a farm fail to make a unanimous election
under paragraph (1), the producers on the farm shall be
deemed to have elected price loss coverage under section 1116
for acres allocated on the farm to seed cotton.''.
(8) Effective price.--Section 1116 of the Agricultural Act
of 2014 (7 U.S.C. 9016) is amended by adding at the end the
following:
``(h) Effective Price for Seed Cotton.--
``(1) In general.--The effective price for seed cotton
under subsection (b) shall be equal to the marketing year
average price for seed cotton, as calculated under paragraph
(2).
``(2) Calculation.--The marketing year average price for
seed cotton for a crop year shall be equal to the quotient
obtained by dividing--
``(A) the sum obtained by adding--
``(i) the product obtained by multiplying--
``(I) the upland cotton lint marketing year average price;
and
``(II) the total United States upland cotton lint
production, measured in pounds; and
``(ii) the product obtained by multiplying--
``(I) the cottonseed marketing year average price; and
``(II) the total United States cottonseed production,
measured in pounds; by
``(B) the sum obtained by adding--
``(i) the total United States upland cotton lint
production, measured in pounds; and
``(ii) the total United States cottonseed production,
measured in pounds.''.
(9) Deemed loan rate for seed cotton.--Section 1202 of the
Agricultural Act of 2014 (7 U.S.C. 9032) is amended by adding
at the end the following:
``(c) Seed Cotton.--
``(1) In general.--For purposes of section 1116(b)(2) and
paragraphs (1)(B)(ii) and (2)(A)(ii)(II) of section 1117(b),
the loan rate for seed cotton shall be deemed to be equal to
$0.25 per pound.
``(2) Effect.--Nothing in this subsection authorizes any
nonrecourse marketing assistance loan under this subtitle for
seed cotton.''.
(10) Limitation on stacked income protection plan for
producers of upland cotton.--Section 508B of the Federal Crop
Insurance Act (7 U.S.C. 1508b) is amended by adding at the
end the following:
``(f) Limitation.--Effective beginning with the 2019 crop
year, a farm shall not be eligible for the Stacked Income
Protection Plan for upland cotton for a crop year for which
the farm is enrolled in coverage for seed cotton under--
``(1) price loss coverage under section 1116 of the
Agricultural Act of 2014 (7 U.S.C. 9016); or
``(2) agriculture risk coverage under section 1117 of that
Act (7 U.S.C. 9017).''.
(11) Technical correction.--Section 1114(b)(2) of the
Agricultural Act of 2014 (7 U.S.C. 9014(b)(2)) is amended by
striking ``paragraphs (1)(B) and (2)(B)'' and inserting
``paragraphs (1) and (2)''.
(12) Administration.--The Secretary of Agriculture shall
carry out the amendments made by this subsection in
accordance with section 1601 of the Agricultural Act of 2014
(7 U.S.C. 9091).
(13) Application.--Except as provided in paragraph (10),
the amendments made by this subsection shall apply beginning
with the 2018 crop year.
(b) Margin Protection Program for Dairy Producers.--
(1) Monthly calculation of actual dairy production
margin.--
(A) Definitions.--Section 1401 of the Agricultural Act of
2014 (7 U.S.C. 9051) is amended--
(i) by striking paragraph (4); and
(ii) by redesignating paragraphs (5) through (11) as
paragraphs (4) through (10), respectively.
(B) Calculation of actual dairy production margin.--Section
1402(b)(1) of the Agricultural Act of 2014 (7 U.S.C.
9052(b)(1)) is amended by striking ``consecutive 2-month
period'' each place it appears and inserting ``month''.
(C) Margin protection payments.--Section 1406 of the
Agricultural Act of 2014 (7 U.S.C. 9056) is amended--
(i) by striking ``consecutive 2-month period'' each place
it appears and inserting ``month''; and
(ii) in subsection (c)(2)(B), by striking ``6'' and
inserting ``12''.
(2) Participation of dairy operations in margin protection
program.--Section 1404 of the Agricultural Act of 2014 (7
U.S.C. 9054) is amended--
(A) in subsection (b)--
(i) in paragraph (1), by inserting ``, including the
establishment of a date each calendar year by which a dairy
operation shall register for the calendar year'' before the
period at the end;
(ii) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(iii) by inserting after paragraph (1) the following:
``(2) Extension of election period for 2018 calendar
year.--The Secretary shall extend the election period for the
2018 calendar year by not less than 90 days after the date of
enactment of the Bipartisan Budget Act of 2018 or such
additional period as the Secretary determines is necessary
for dairy operations to make new elections to participate for
that calendar year, including dairy operations that elected
to so participate before that date of enactment.''; and
(B) in subsection (c), by adding at the end the following:
``(4) Exemption.--A limited resource, beginning, veteran,
or socially disadvantaged farmer, as defined by the
Secretary, shall be exempt from the administrative fee under
this subsection.''.
(3) Production history of participating dairy operations.--
Section 1405(a) of the Agricultural Act of 2014 (7 U.S.C.
9055(a)) is amended by adding at the end the following:
``(3) Continued applicability of base production history.--
A production history established for a dairy operation under
paragraph (1) shall be the base production history for the
dairy operation in subsequent years (as adjusted under
paragraph (2)).''.
(4) Premiums for margin protection program.--Section 1407
of the Agricultural Act of 2014 (7 U.S.C. 9057) is amended--
(A) in subsection (b)--
(i) by striking the subsection heading and inserting the
following: ``Tier I: Premium Per Hundredweight for First
5,000,000 Pounds of Production.--'';
(ii) in paragraph (1), by striking ``4,000,000'' and
inserting ``5,000,000''; and
(iii) in paragraph (2)--
(I) by striking ``$0.010'' and inserting ``None'';
(II) by striking ``$0.025'' and inserting ``None'';
(III) by striking ``$0.040'' and inserting ``$0.009'';
(IV) by striking ``$0.055'' and inserting ``$0.016'';
(V) by striking ``$0.090'' and inserting ``$0.040'';
(VI) by striking ``$0.217'' and inserting ``$0.063'';
(VII) by striking ``$0.300'' and inserting ``$0.087''; and
(VIII) by striking ``$0.475'' and inserting ``$0.142''; and
(B) in subsection (c)--
(i) by striking the subsection heading and inserting the
following: ``Tier II: Premium Per Hundredweight for
Production in Excess of 5,000,000 Pounds.--''; and
(ii) in paragraph (1), by striking ``4,000,000'' and
inserting ``5,000,000''.
(5) Application.--The amendments made by this subsection
shall apply beginning with the 2018 calendar year.
(c) Limitation on Crop Insurance Livestock-related
Expenditures.--
(1) In general.--Section 523(b) of the Federal Crop
Insurance Act (7 U.S.C. 1523(b)) is amended by striking
paragraph (10).
(2) Conforming amendments.--Section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516) is amended in subsections
(a)(2)(C) and (b)(1)(D) by striking ``subsections
(a)(3)(E)(ii) and (b)(10) of section 523'' each place it
appears and inserting ``subsection (a)(3)(E)(ii) of that
section''.
Sec. 60102. (a) Section 1240B of the Food Security Act of
1985 (16 U.S.C. 3839aa-2) is amended by striking subsection
(a) and inserting the following:
``(a) Establishment.--During each of the 2002 through 2019
fiscal years, the Secretary shall provide payments to
producers that enter into contracts with the Secretary under
the program.''.
(b) Section 1241 of the Food Security Act of 1985 (16
U.S.C. 3841) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``2018'' and inserting ``2018 (and fiscal
[[Page H1066]]
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.
Motion to Concur
Mr. FRELINGHUYSEN. Mr. Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:
Mr. Frelinghuysen moves that the House concur in the Senate
amendment to the House amendment to the Senate amendment to
H.R. 1892.
The SPEAKER pro tempore. Pursuant to House Resolution 734, the motion
shall be debatable for 1 hour equally divided and controlled by the
chair and ranking minority member of the Committee on Appropriations.
The gentleman from New Jersey (Mr. Frelinghuysen) and the gentlewoman
from New York (Mrs. Lowey) each will control 30 minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield myself as much time as I may
consume.
Mr. Speaker, I rise this morning to present the Senate amendment to
the House amendment to the Senate amendment to H.R. 1892, a bipartisan,
bicameral bill outlining the funding for the next 2 fiscal years and
funding for the government through March 23, providing much needed
emergency supplemental funding for disaster recovery, and raising the
Nation's debt ceiling.
This legislation will help our Nation move forward without the threat
of a shutdown or default and with greater budget scrutiny. This bill
will also allow us to move past the destructive cycle of continuing
resolutions, which undermine the appropriations process and promotes
only more uncertainty and doubt about our government's and this
Congress' ability to function and to meet the needs of those we
represent.
I am pleased that this legislation includes an agreement reached on a
bipartisan basis by House and Senate leaders on spending caps for both
fiscal year 2018 and fiscal year 2019.
Especially important is a substantial increase in funds for national
defense. Our Nation faces multiple security challenges and increasingly
aggressive, not to mention well equipped, adversaries. We must be
prepared to meet these challenges, and we must take care of our men and
women in uniform who truly do the work of freedom.
After years of reduction in military funding and months of
uncertainty caused by continuing resolutions, it is time we provide our
Armed Forces with what they need to rebuild and keep our Nation safe.
The agreement also outlines investments in important bipartisan
domestic priorities such as fighting the opioid abuse epidemic,
supporting veterans, and rebuilding and renewing our infrastructure
around the Nation.
These top line spending levels will enable us to get to work
immediately on our 12 appropriations bills to wrap up the fiscal year
2018 and quickly turn our attention to fiscal year 2019.
This legislation also includes a short term continuing resolution,
our last for this year, which will fund the Federal Government through
March 23. This will maintain programs and services that all Americans
depend on until all of the annual appropriations bills can be enacted.
I look forward to working with our Senate counterparts to negotiate and
complete all of these bills ahead of that deadline.
In addition to these critical pieces of government funding, this
legislation also provides $89.3 billion in emergency disaster funding,
funding that has been urgently needed since this House passed its
version in December. This funding will provide the residents of Texas,
Florida, Puerto Rico, the Virgin Islands, and Western States with the
resources to rebuild their lives after last year's historic and
devastating natural disasters.
Lastly, this bill increases the debt limit through March 1, 2019, so
we can pay our bills and avoid the economic damage of a default.
Mr. Speaker, the Senate has just passed this bill, and now it is up
to this House to do the same and to send this legislation to the
President for his signature.
I urge a ``yes'' vote on the bill and reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield myself such time as I may consume.
It is a basic constitutional responsibility of Congress to fund the
Federal Government and Republican majorities in the House and the
Senate are just turning the process into an embarrassing spectacle,
running from one crisis directly into the next.
It has been clear for 9 months that a bipartisan budget agreement
would be needed to enact appropriations law, yet it has taken five
continuing resolutions, two lapses in funding, countless hours of
effort to take even this first step toward full-year funding bills,
more than 4 months into the fiscal year.
I am pleased with many aspects of the budget agreement. Increasing
statutory spending caps would allow the Appropriations Committee to
write responsible, bipartisan spending bills that will invest in this
Nation's families, communities, and national security.
I am also pleased the legislation would provide funding for families
and communities in Texas, Florida, California, Puerto Rico, and the
U.S. Virgin Islands to rebuild their lives following natural disasters.
Unfortunately, this legislation cannot be considered in a vacuum. The
Speaker of the House's refusal to commit to considering bipartisan
legislation to protect teenagers and young adults from deportation is
unjustifiable and maddening.
DREAMers are sons, daughters, parents. They are students and
teachers. They serve with distinction in our Armed Forces. They pay
taxes and contribute to their communities.
President Trump and the Republican majority hold the lives and
futures of these children and young adults in their hands, yet their
only concern seems to be how much they can extract and exchange for
doing what a decent human being should do simply because it is right.
I cannot vote in good conscience to provide Immigration and Customs
Enforcement, the very funding that could be used to deport the
DREAMers. I cannot vote to continue the appropriations process while an
unthinkably tragic fate hangs over the head of 1.6 million young
people.
I do hope that in the weeks ahead a bipartisan bill for DREAMers can
pass the Senate and enough pressure can be brought to bear on House
Republicans to act. History will condemn these Republican majorities if
they fail to do what is right.
Mr. Speaker, I reserve the balance of my time.
Mr. FRELINGHUYSEN. Mr. Speaker, I am pleased to yield 2 minutes to
the gentleman from West Virginia (Mr. Jenkins), a member of our
Appropriations Committee.
Mr. JENKINS of West Virginia. Mr. Speaker, West Virginia is literally
ground zero in the opioid epidemic. Our overdose rate is not just a
little bit higher than the national average of the No. 2 State. It is
actually 33 percent higher than the No. 2 State. So when we passed the
21st Century Cures legislation, dedicating $1 billion to fight this
horrific epidemic, it gave us hope; it gave me hope.
And that hope was particularly strong in rural States like West
Virginia, that finally we might see real resources where it really
counts, in rural
[[Page H1067]]
communities. But unfortunately, many of the worst-hit States like mine
ended up receiving only a minimal amount of funding.
Let me give you an example. A more populous State received five times
more funding than my State, but my State's overdose rate was five times
higher than the more populous State.
This bill, like every bill, has parts I like and parts I don't like.
One of the issues I have fought for is making sure the now $6 billion
we are putting towards fighting the opioid crisis will actually get to
the places where it matters most.
We must use a formula based on per capita statistics to ensure funds
go to the hardest hit States and smaller States where the crisis and
the need is the greatest.
As a member of the Appropriations Committee, and having a direct hand
on how the $6 billion will be targeted, I have been reassured that
rural States like mine will not be shortchanged and--we will work to
make sure the language in our funding bill makes it abundantly clear to
the Federal agencies that actually set the allocation formulas--we want
resources flowing to where they count most.
I want to thank Chairman Frelinghuysen and his predecessor Chairman
Rogers for their commitment and leadership to helping.
Mrs. LOWEY. Mr. Speaker, I am very pleased to yield 2 minutes to the
gentlewoman from New Jersey (Mrs. Watson Coleman).
Mrs. WATSON COLEMAN. Mr. Speaker, I thank the gentlewoman for
yielding to me.
Mr. Speaker, the Speaker of the House is supposed to be the Speaker
of this entire House. And the entire will of this House on the
Democratic side and Republican side is to pass a DACA bill but we are
running out of time.
Instead of following the bipartisan consensus of the majority in this
House, this Speaker is yielding to the will of the majority party's
anti-immigration fringe unilaterally, and that fringe is led by this
President. If we continue to bend to this fringe, this body, this shiny
beacon on a hill, this hopefulness in this country will go dark.
The Senate was able to pass the bipartisan agreement due to the hard
promise of Leader McConnell and the good work of our Democratic
leadership as well to allow--simply allow--the body to vote on a DACA
bill. We, however, have no such commitment on this side.
22,000 dreamers in the State of New Jersey: they are doctors, they
are lawyers, they are connected to their churches, they are parents,
they are teachers, they are business owners. I spent time in a church
where a Christian, tithe-paying immigrant was taken from his family and
put in detention. He was not a threat to anyone.
My constituents did not send me here to deport young people who are
American and know no other country.
I ask you, I beg you, I implore you: Do your job. Save these
DREAMers, and until we do, I urge a ``no'' on this vote.
Mr. FRELINGHUYSEN. Mr. Speaker, I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I am very pleased to yield 2 minutes to the
gentleman from California (Mr. Aguilar), a member of the Committee on
Appropriations.
Mr. AGUILAR. Mr. Speaker, we have a choice today.
I want to compliment the work that the committees have done to reach
an agreement on these funding levels. I am not here to quibble with
those funding levels.
What I am here to ask for is a chance. If this is the people's House,
we deserve an opportunity to address these issues. I have never said
this is a bad deal. I have just said this is an incomplete deal. It is
incomplete because we haven't had the commitment that we need to
address critical issues that are important to our communities. We have
addressed some in this: opioids, community health centers. Those are
important issues in all of our communities.
But we haven't addressed issues that are important to everyone. Like
Leti Herrera who was my guest to the State of the Union who lost her
sister in December, who is scared, who wants to know when her
priorities are going to be our priorities. She wants to know when we
are going to bring up these issues.
And I can tell her, the Senate has a commitment; they are going to
talk about these issues. But the people's House has not said that we
are going to talk about these issues. We are going to say, well, when
the President signs off, then we will have a conversation. He doesn't
have a card that votes in these machines. He has a voice. He should be
consulted. He doesn't have a voice in the people's House. He doesn't
have a vote here with me and you.
All we want is a commitment to bring up a bipartisan, bicameral bill
that addresses these issues. All we want is a chance. All we want is an
opportunity to address these issues that are important to our
communities.
Please, please, please give us that opportunity to have that
conversation.
Mr. FRELINGHUYSEN. Mr. Speaker, I have the right to close, and I
reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Pelosi), the Democratic leader.
{time} 0500
Ms. PELOSI. Mr. Speaker, I thank the gentlewoman for yielding. I also
thank her for her outstanding statement of values and what our country
is about. I thank her for her extraordinary leadership.
I thank all of our colleagues for the unity that we have had over the
months when we were having this debate about what this bill would look
like.
I want to, again, read a letter that Mr. Hoyer, Mr. Clyburn, and I
sent to the Speaker last night--I guess this night, because I think it
is very important for people to understand the simplicity of our
request, the fairness of our request to the Speaker.
It says: ``In the spirit of bipartisanship, we write to again
reiterate our sincere desire to ensure that the government remains open
and that the priorities of the American people are properly addressed.
As you know, Democrats have been clear that we support a budget
agreement that ensures that our men and women in uniform have the
resources they need to protect our country and that America's middle
class and working families have the tools they need to succeed. As part
of this agreement, we have always expected that the House and the
Senate would address the issue of DACA and our DREAMers.
``Most of our Members believe that the budget agreement is a
reasonable compromise to address America's military strength and
critical domestic priorities, like fighting the opioid crisis, boosting
NIH, moving forward to resolve the pension crisis, caring for our
veterans, making college more affordable, and investing in childcare
for working families.''
Indeed, that is what the fight has been about all along. We have had
to fight the resistance on the Republican side to invest in the
domestic agenda. So I was pleased to hear some of our Republican
colleagues talk about some of the things in this bill that we, on the
Democratic side, insisted upon being there.
So, Mr. Speaker, we are writing again to request that you make a
public statement regarding the scheduling of a vote on the DACA bill.
That is our request. That is the request of the House Democrats that
Mr. Hoyer and Mr. Clyburn sent this letter last night: ``Our request is
that you publicly state that you will schedule a vote to consider the
bipartisan Hurd-Aguilar bill and any other DACA bills that you wish to
consider under a Queen of the Hill rule.
``We strongly believe that Members of the House and their
constituents deserve the same dignity that Leader McConnell has
extended to Members of the Senate'' by stating that he will allow a
vote on this issue.
We asked him for his immediate attention to this issue, but we did
not receive that back.
I said earlier that America is the greatest country that ever existed
in the history of the world.
Aren't we proud to be Americans?
And what is America?
America is a country of great people of beautiful diversity that have
changed over time from the days of our Founders. ``E pluribus unum,''
they said. They could never imagine how pluribus it could be, how many,
how
[[Page H1068]]
many different people. Yet they established a Constitution that enabled
everyone the right to life, liberty, and the pursuit of happiness. It
is a beautiful thing. Our country has become a more diverse country
over time, but still, e pluribus unum.
In this vote today, we are just saying to pay respect to the fact
that we are a nation of immigrants, constantly reinvigorated by
newcomers coming with their hopes, dreams, aspirations, courage to make
the future better for their families.
That is what America is about. That is what the optimism of our
Founders was based on, that every generation would take responsibility.
So these newcomers have made America more American.
Then who is America?
America is our great Constitution of the United States, a great
Constitution, which we take an oath to support.
And what else is America?
America is a great patrimony, this beautiful land that God has given
us to be stewards of. It is important to know that our country is our
50 States, the District of Columbia, and our territories.
In respect for that, I am very pleased that, in this bill, we were
successful in the negotiations to get more funding for the territories,
especially Puerto Rico and the Virgin Islands, an increase over what
was in the original disaster bill.
But there are other things that are important to note that are in
this bill. Again, opioids, mental health, National Institutes of
Health, these are Democratic priorities that we fought for. That is why
this took so long to come to fruition, because there was a resistance
on the Republican side to invest on the domestic side.
So they have been increasing the defense number, which we go along
with, but wanted commensurate increase on the domestic side,
recognizing the domestic side for us and our budget--appropriators know
this better than anyone--includes security functions, Homeland
Security, the State Department, Veterans Affairs, antiterrorism
activities of the Justice Department.
So there is much security on the domestic side. That is why we
insisted on increasing the number, and that did happen. That did
happen. That is why I am able to say in this letter that there are many
good things in this legislation.
But for some reason, sometimes I think the Speaker thinks he is
Speaker of the White House, not the Speaker of the House of
Representatives. We should have the opportunity--I touched a nerve
there, I hear--to have this House, the people's House, work its will,
not be the recipients of something that might--as he said: Well, if it
passes with 60 votes in the Senate and the President approves, then
maybe I will bring it to the floor.
That is not a commitment.
Just let me say again what an honor it is for any of us to associate
ourselves with the aspirations of the DREAMers in our country. They are
so magnificent. They are a model of patriotism to our country, and all
they wanted was the recognition of the Speaker of the House that they
are worthy of that.
In any event, I thank the various speakers who were presiding the
other day. I thank the speakers for their courtesies extended. I thank
the Chair, too, Mr. Speaker.
But here it is: Yes, I was one of the four principals with the White
House negotiating on this legislation. A lot of it came our way.
Do you know why?
Because nobody wants a shutdown.
This is a good bill. It doesn't do everything, but it is a
compromise. But the one thing and the one message to allay fear, to
build confidence, to honor the vows of our Founders that we could have
done is to say: We, the United States of America, in this people's
House, want to assure you that we will allow the House of
Representatives to work its will.
Let the chips fall where they may, but give us a chance to allay the
fear that is in the hearts of these DREAMers and their families and to
remove the tears from the eyes of the Statue of Liberty observing what
is happening here.
Mr. FRELINGHUYSEN. Mr. Speaker, I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield myself the balance of my time to
close.
A fifth CR--a fifth CR--while one party controls all levers of
government, shows the Republicans' inability to govern.
Even more upsetting is their refusal to put a bipartisan DREAMer bill
on the House floor. While there are provisions in the Senate amendment
that Democrats support, we implore our colleagues on the other side of
the aisle to do what is right and to permit a vote on a bipartisan
DREAMer bill.
Mr. Speaker, I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Speaker, I am pleased to yield 1 minute to the
gentleman from Wisconsin (Mr. Ryan), the Speaker of the House.
Mr. RYAN of Wisconsin. Mr. Speaker, I will be brief.
A few hours ago, the Senate passed this agreement with a very big
bipartisan vote: 75 percent of the Senate Democrats, 68 percent of the
Senate Republicans, Republicans and Democrats coming together on a true
compromise measure. I think that is a thing to celebrate.
It accomplishes what so many of us had been fighting for. First and
foremost, this agreement accomplishes getting the resources that we
need to rebuild our military. Also, this includes long-delayed disaster
funding to aid recovery from the hurricanes and the wildfires; money to
fight opioids, something that knows no partisan boundaries; and the
extension of important healthcare programs.
This agreement will also allow us to step off this carousel of short-
term funding bills that do nothing but hurt our military and stymie our
ability to focus on other important agenda items. And I think that has
been noted here tonight.
You know, most Americans are not even awake yet, or maybe they are
just getting up for the first shift. By the time they catch up with the
news this morning, they will see one of two things, depending upon what
choice we make here right now.
Either Congress will have done its most basic responsibility: funding
the government and taking care of our brave men and women in uniform. I
really believe that that is what the majority of this people in this
body want to see happen.
Or they will see a second needless shutdown in a matter of weeks.
Entirely needless.
Republicans will deliver more than our share of votes this morning. I
urge my friends in the minority to stand with us on this bipartisan
bill.
My commitment to working together on an immigration measure that we
can make law is a sincere commitment. Let me repeat. My commitment to
working together on an immigration measure that we can make law is a
sincere commitment. We will solve this DACA problem.
Once we get this budget agreement done--and we will get this done, no
matter how long it takes for us to stay here--we will focus on bringing
that debate to this floor and finding a solution. But we cannot do that
unless we pass this budget agreement.
Our military can no longer be held hostage in this process. So, for
this morning, let's honor our troops. Let's do our most basic job and
let's pass this bill.
Mr. FRELINGHUYSEN. Mr. Speaker, I yield back the balance of my time.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, after much
consideration, I will reluctantly vote for this legislation. The
bipartisan agreement included $6 billion to combat opioid abuse and
improving mental health, $2 billion for research at the National
Institutes of Health and $4 billion for college affordability. The
measure extends one of my legislative priorities, the Children's Health
Insurance Program for 10 years.
Since Hurricane Harvey's landfall in last August, I have worked
tirelessly with the Texas Governor, the Texas Congressional delegation,
local mayors, county commissioners and police and fire chiefs to
identify and meet the needs of impacted Texans. The agreement increases
overall disaster relief from $81 billion to $89 billion which means it
will increase Texas's share of that relief and to significantly
increase the funding for critical Army Corps flood management projects
that help Texas to take necessary measures against future flooding
events.
Additionally, I have fought hard for many years to fund the needs of
our veterans, and our transportation infrastructure. This bill provides
$4 billion to reduce the VA healthcare maintenance backlog. There will
be $20 billion to invest in infrastructure, including programs related
to rural water and wastewater, clean
[[Page H1069]]
and safe drinking water, rural broadband, energy, innovative capital
projects, and surface transportation.
The agreement includes funding for child care, including the
bipartisan Child Care Development Block Grant program and funding for
student-centered programs that aid college completion and
affordability, including those that help police officers, teachers and
firefighters.
Mr. Speaker, I will vote yes on this bill because the measure also
closes the Medicare Part D ``donut hole'' for seniors in 2019. I will
continue to work to make sure that Congress follows through on this
deal, and that Texas' 30th District gets what it needs to move our
communities, our state and the Nation forward.
Ms. JACKSON LEE. Mr. Speaker, I rise to explain the importance of the
pending legislation, which extends the Continuing Resolution passed by
Congress on January 26, 2018 but expired at midnight, February 8, 2018,
by an additional six weeks, or until March 23, 2018.
This crucial legislation rests upon three pillars.
First, the legislation before us provides $89.3 billion in aid to
respond to the damage caused by Hurricanes Harvey, Irma and Maria, and
the wildfires in California.
Second, the Continuing Resolution pending before us is necessary to
finalize and implement a bipartisan and bicameral budget agreement
gives parity to defense and non-defense discretionary funding and
provides $117 billion more funding for needed non-defense investments
in the areas of education, public health, infrastructure, community
development, and disaster relief than proposed under the Trump FY 2018
budget.
Third, I will be advocating for a nay vote on the Previous Question
in order to bring to the floor a crucial legislative fix for debate and
vote that will provide permanent legal residence and a path to
citizenship to the more than 800,000 Dreamers, including the 124,000
who live in Texas, whose lives have been turned upside down because of
this Administration's cruel, unwise, and reckless termination of DACA,
the Deferred Action for Childhood Arrivals program.
And in connection with legislation to protect Dreamers, I will insist
that the Administration rescind the revocation of Temporary Protected
Status (TPS) for Haiti, El Salvador, and Honduras, or failing that, TPS
for those countries be extended by congressional legislation.
Mr. Speaker, 44,800 residents of Texas are TPS holders from El
Salvador (36,300), Honduras (8,400), and Haiti, who combined are
parents of 53,800 U.S.-born children in Texas and 14,000 of whom have
home mortgages.
These TPS holders are integral members of the Texas's social fabric,
having lived in Texas an average of 20 years, and contribute an
aggregate $2.2 billion to the Texas economy.
This legislation provides $89.3 billion in emergency supplemental
appropriations to help states, communities, businesses, and individuals
respond and recover from Hurricanes Harvey, Irma, and Maria, and the
California wildfires.
This amount represents a doubling of the woefully inadequate $44
billion disaster relief package proposed by the Administration and a
substantial increase over the $81.1 billion disaster relief funding
approved by the House.
Ever since the widespread and catastrophic destruction of Hurricane
Harvey occurred, I have been working closely with Senator Cornyn and
other federal, state, and local officials, along with my colleagues in
the Texas congressional delegation to secure the help necessary for the
areas affected by Hurricane Harvey recover and rebuild.
The $8 billion increase in disaster relief funding reflected in this
legislation is due in strong part to the efforts of Senator Cornyn,
with whom I worked very closely to ensure that the interests of Houston
and Harris County were promoted and protected.
I have witnessed firsthand the pain of storm-weary Houstonians who
lost their homes, their belongings, and in many cases their jobs.
Right now, at this very moment, hundreds of thousands of Texans--in
Port Arthur, in Port Aransas, in Rockport, in Houston and Harris
County--remain homeless or are living in substandard homes with blue
tarp roofs and infected with mold.
They are struggling and hurting.
So this is personal to me.
That is why right now my highest priority is to ensure that funding
that has been made available expeditiously gets in the hands of local
governments so that relief can deliver the resources and services so
desperately needed.
That is why I am working with the Texas General Land Office
Commissioner and have advocated for the immediate release of the $5
billion that was approved in September 2017 and wrote the HUD Secretary
to expedite promulgation of the proposed regulations necessary to
release the funds, which finally were published this week in the
Federal Register for notice and comment.
And that is why on September 6, 2017, ten days after Hurricane Harvey
struck, I introduced the first Hurricane Harvey disaster recovery
legislation.
I was joined by 44 colleagues in introducing H.R. 3686, the
``Hurricane Harvey Supplemental Appropriations Act of 2017,'' which
provides $174 billion in disaster relief for the areas affected by
Hurricane Harvey, the worst superstorm ever to strike the mainland
United States.
The $174 billion in funding provided by H.R. 3686 represents a
comprehensive response commensurate to the challenge; specifically that
legislation would provide relief in the following amounts:
1. Housing and Community Development Fund: $50 billion
2. FEMA Disaster Relief Fund: $35 billion
3. Army Corps of Engineers--Construction: $15 billion
4. Flood Control and Coastal Emergencies: $13 billion
5. Public Transportation Emergency Relief Program: $33 billion
6. Small Business Disaster Loans Program: $2 billion
7. Emergency Conservation Activities: $650 million
8. National Oceanic and Atmospheric Administration: $321 million
9. National Aeronautics and Space Administration: $50 million
10. Legal Services Corporation: $10 million
11. Army National Guard: $10 million
12. Army Corps of Engineers--Civil Investigations: $150 million
13. Coast Guard: $450 million
14. National Park Service Historic Preservation Fund: $800 million
15. EPA Environmental Programs and Management: $2.5 billion
16. EPA Hazardous Substance Superfund: $7 million
17. Leaking Underground Storage Tank Fund: $15 million
18. State and Tribal Assistance Grants: $600 million
19. Employment and Training Services: $100 million
20. Public Health and Social Services Emergency Fund: $2.5 billion
21. Airport and Airway Trust Fund: $90 million
22. Federal-Aid Highways Emergency Relief Program: $6.5 billion
Although, the disaster relief funding provided in the legislation
before us is not as robust as the package I have proposed, it is a
significant improvement over what was initially offered by the
Administration and will provide much needed assistance to disaster
victims in desperate need of help.
I wish to thank the leadership of the Appropriations Committee, in
particular T-HUD Appropriations Subcommittee Chairman Diaz-Balart, and
Energy and Water Appropriations Ranking Member Kaptur for including in
the legislation before us the following beneficial measures that I
requested, including:
1. Authority to establish and implement a $1 billion pilot program to
provide small business disaster recovery grants, modeled on H.R. 3930,
the ``Hurricane Harvey Small Business Recovery Grants Act,''
legislation I introduced on October 3, 2017 and is co-sponsored by 16
of our colleagues.
2. $75 million for the U.S. Army Corps of Engineers' Investigations
account, which is to be used in areas affected by Hurricanes Harvey,
Irma, and Maria, and can be used to finance the $3 million Houston-Area
Watershed Assessment Study.
3. This is a highly successful conclusion to the multi-year struggle
I waged to secure House approval of this project and funding with the
Jackson Lee Amendments to the Energy and Water Appropriations Act for
Fiscal Years 2016, 2017, and 2018.
4. The bill also includes helpful legislative language to ensure that
in awarding CDBG-Disaster Relief funds to states, the Secretary of HUD
should to the maximum extent practicable award grants to units of local
government and public housing authorities that have the financial and
administrative capacity to manage a grant awarded under the program.
5. The bill also includes a provision for which I advocated expressly
providing that religious nonprofit organizations and houses of worship
have the same opportunity to qualify for disaster assistance as their
secular counterparts.
Let me describe briefly some of the major provisions contained in
this disaster relief funding package before us:
FEMA Disaster Relief Fund: $28 billion to provide critical funding to
assist the ongoing federal disaster response to allow up to $4 billion
to be provided for Community Disaster Loans (CDLs).
Emergency Food Assistance Program: $24 million to provide an
additional 35 million pounds of food for food banks in states affected
by natural disasters.
Special Supplemental Nutrition Program for Women, Infants, and
Children (WIC): $14 million.
[[Page H1070]]
$7.6 million to repair 12 Food and Drug Administration sites damaged
by Hurricanes Harvey, Irma, and Maria, including repair of scientific
equipment such as those used to test foods for chemical contamination.
Economic Development Assistance Programs: $600 million in additional
funding to provide grants to communities directly impacted by Hurricane
Harvey, Irma, and Maria, as well as others disasters declared in 2017.
This funding will support immediate relief efforts and longterm
recovery projects, including repairing and replacing basic
infrastructure needs that are vital for local economic recovery.
National Oceanic and Atmospheric Administration: $400 million, with
$100 million allocated for improving weather forecasting capabilities
and data collection efforts to better protect lives and property in the
wake of future hurricanes, and with $200 million for fishery disasters
causing severe economic harm in coastal communities following
Hurricanes Harvey, Irma, and Maria.
National Aeronautics and Space Administration: $81 million to repair
facilities damaged at the Kennedy and Johnson Space Centers.
Legal Services Corporation: $15 million for mobile resources,
technology, and disaster coordinators necessary to provide storm-
related services to the population in affected areas.
U.S. Army Corps of Engineers: $17.39 billion, including $15 billion
for flood control and storm damage reduction construction projects and
$135 million for high priority Investigation studies for risk reduction
from future floods and hurricanes.
Of this $135 million, $75 million is to be allocated for the Army
Corps of Engineers' Investigations account, which is to be used in
areas affected by Hurricanes Harvey, Irma, and Maria, and can be used
to finance the $3 million Houston-Area Watershed Assessment Study I
have worked to secure and which has been previously approved by the
House.
The bill also included $608 million to finance needed federal
dredging projects, such as Houston Shipping Channel and $810 million to
prepare for and mitigate future flood, hurricane, and other natural
disasters.
The Department of Housing and Urban Development (HUD), will receive
$28 billion allocated to the Community Development Fund to repair
homes, support local business, and rebuild infrastructure while
mitigating future risk.
Also included in the legislation is authority for HUD to adjust
Section 8 voucher funding for public housing agencies adversely
affected by disasters in 2017.
Mr. Speaker, George Bush Intercontinental Airport, located in my
congressional district, will benefit from the $10.3 million to repair
Transportation and Security Administration facilities, security
equipment, and access control equipment at airports damaged by the
hurricanes.
The Texas Gulf Coast will benefit from the $835 million allocated to
the U.S. Coast Guard; $4 million of which for site assessments to
determine environmental compliance and restoration needs.
Federal Emergency Management Agency (FEMA) will receive $23.5 billion
for the Disaster Relief Fund to support response and recovery efforts.
Other important provisions in the FEMA appropriations:
1. Ensure that religious nonprofit organizations are given the same
opportunity to qualify for certain disaster assistance as their secular
counterparts.
2. Extend the period of time that local government revenue loss as a
result of Hurricanes Harvey, Irma, and Maria can be considered for the
purpose of Community Disaster Loans.
3. Authorize the President to increase the federal cost share for
certain disaster assistance from 75 to 85 percent if recipients have
taken steps to make themselves more resilient against disasters.
The Environmental Protection Agency will receive $6.2 million for the
Superfund program to help repair damage sustained to remedies at
Superfund sites; $7 million for the Leaking Underground Storage Tank
program to repair damage to storage tanks to prevent spills and
contaminants from leaking into the environment; and $50 million for
debris removal and technical assistance to inspect and clean up
hazardous waste facilities.
Department of Labor: $100 million for disaster response economic
recovery through the Dislocated Worker National Reserve.
Department of Health and Human Services:
1. $200 million for Centers for Disease Control and Prevention;
2. $50 million for National Institutes of Health;
3. $650 million for Head Start; and
4. $162 million for the Public Health and Social Services Emergency
Fund, including $60 million for Community Health Centers and $20
million for Substance Abuse and Mental Health Administration.
Department of Education will receive $2.7 billion for Hurricane
Education Recovery, including:
1. $2.46 billion to restart operations at elementary and secondary
schools;
2. $100 million for institutions of higher education, and students at
those institutions;
3. $25 million for education services for homeless children; and
4. $35 million for Project SERV for education-related services to
help students recover from traumatic events, including natural
disasters.
Notably, this legislation forgives loans made to four Historically
Black Colleges and Universities in response to Hurricane Katrina.
Also notably, the CR allocates $14 million for the Government
Accountability Office to conduct oversight and evaluate distribution
and use of disaster funding across agencies to ensure responsible use
of taxpayer funds.
Department of Veterans Affairs: $4.1 million to repair damages to the
Veterans Benefit Administration Office in Houston, Texas and the Puerto
Rico National Cemetery.
Department of Transportation: $30 billion to repair damaged
infrastructure and help communities recover from natural disasters.
Federal Highway Administration will receive $1.3 billion and the
Federal Transit Administration will receive $330 million, both for
their Emergency Relief Programs.
Mr. Speaker, there is much more work to be done in my city of
Houston, and across the areas affected by the terrible, awesome storm
that will be forever known simply as Hurricane Harvey, and by
Hurricanes Irma and Maria.
But the disaster relief funding package before us today represents a
solid start toward completing the necessary work that must be
undertaken to restore the affected communities to their previous
greatness.
As I conclude, I am remembering a heroic DREAMER, Alonso Guillen, who
came to the U.S. from Mexico as a child, and died in my congressional
district when his boat capsized while he was rescuing survivors of the
flooding caused by Hurricane Harvey in the Houston area.
There is no heart in ending DACA and leaving the fate of 800,000
young persons in limbo and constant fear of deportation from the only
country they have ever known, and the only nation to which they have
ever pledged allegiance.
The way to end this crisis is to bring H.R. 3440, the Dream Act of
2017, to the floor right now and vote for it so it can pass both houses
of Congress with a veto-proof majority.
A Dreamer seeking to earn her college degree and aspiring to attend
medical school to better herself and her new community is not a threat
to the nation's security.
Law abiding but unauthorized immigrants doing honest work to support
their families pose far less danger to society than human traffickers,
drug smugglers, or those who have committed a serious crime.
President Obama was correct in concluding that exercising his
discretion regarding the implementation of DACA enhances the safety of
all members of the public, serves national security interests, and
furthers the public interest in keeping families together.
According to numerous studies conducted by the Congressional Budget
Office, Social Security Administration, and Council of Economic
Advisors, DACA generates substantial economic benefits to our nation.
For example, expanding DACA is estimated to increase GDP by $230
billion and create an average of 28,814 jobs per year over the next 10
years.
That is a lot of jobs.
In exercising his broad discretion in the area of removal
proceedings, President Obama acted responsibly and reasonably in
determining the circumstances in which it makes sense to pursue removal
and when it does not.
Because of President Obama's leadership and visionary executive
action, 124,000 undocumented immigrants in my home state of Texas have
received deferred action.
91 percent of these immigrants are employed or in school and
contribute $6.3 billion annually to the Texas economy and $460.3
billion to the national economy.
Instead of wasting time scapegoating DREAMERS, we should instead
seize the opportunity to pass legislation that secures our borders,
preserves America's character as the most open and welcoming country in
the history of the world, and will yield hundreds of billions of
dollars in economic growth.
THE SPEAKER pro tempore (Mr. Collins of Georgia). All time for debate
has expired.
Pursuant to House Resolution 734, the previous question is ordered.
The question is on the motion by the gentleman from New Jersey (Mr.
Frelinghuysen).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. FRELINGHUYSEN. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
[[Page H1071]]
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on the motion to concur will be followed by a 5-minute vote
on suspending the rules and concurring in the Senate amendment to H.R.
582, if ordered.
The vote was taken by electronic device, and there were--ayes 240,
noes 186, not voting 5, as follows:
[Roll No. 69]
AYES--240
Abraham
Aderholt
Allen
Amodei
Arrington
Babin
Bacon
Banks (IN)
Barletta
Barr
Beatty
Bera
Bergman
Bilirakis
Bishop (GA)
Bishop (MI)
Bishop (UT)
Blackburn
Blunt Rochester
Bost
Brady (TX)
Brooks (IN)
Buchanan
Bucshon
Burgess
Bustos
Butterfield
Byrne
Calvert
Carbajal
Carter (GA)
Carter (TX)
Cartwright
Castor (FL)
Cheney
Coffman
Cohen
Cole
Collins (GA)
Collins (NY)
Comstock
Conaway
Connolly
Cook
Costa
Costello (PA)
Courtney
Cramer
Crawford
Crist
Cuellar
Culberson
Curbelo (FL)
Davis, Rodney
DeLauro
DelBene
Denham
Dent
DeSantis
DesJarlais
Deutch
Diaz-Balart
Donovan
Doyle, Michael F.
Duffy
Dunn
Estes (KS)
Esty (CT)
Evans
Farenthold
Faso
Ferguson
Fitzpatrick
Fleischmann
Flores
Fortenberry
Frelinghuysen
Fudge
Gallagher
Garamendi
Gibbs
Gonzalez (TX)
Goodlatte
Gottheimer
Gowdy
Granger
Graves (GA)
Graves (MO)
Green, Al
Green, Gene
Grothman
Guthrie
Hanabusa
Handel
Harper
Hartzler
Heck
Higgins (LA)
Higgins (NY)
Hill
Himes
Huffman
Huizenga
Hultgren
Hunter
Hurd
Issa
Jackson Lee
Jenkins (KS)
Jenkins (WV)
Johnson (OH)
Johnson, E. B.
Johnson, Sam
Joyce (OH)
Kaptur
Katko
Keating
Kelly (MS)
Kelly (PA)
Kilmer
King (NY)
Kinzinger
Knight
Kuster (NH)
Kustoff (TN)
LaHood
LaMalfa
Lamborn
Lance
Langevin
Larsen (WA)
Larson (CT)
Latta
Lawrence
Lawson (FL)
LoBiondo
Loebsack
Loudermilk
Love
Lucas
Luetkemeyer
Lynch
MacArthur
Marchant
Marino
Marshall
Mast
McCarthy
McCaul
McCollum
McHenry
McKinley
McMorris Rodgers
McNerney
McSally
Meehan
Messer
Mitchell
Moolenaar
Mullin
Murphy (FL)
Nolan
Nunes
O'Halleran
O'Rourke
Olson
Palazzo
Pascrell
Paulsen
Pittenger
Poe (TX)
Poliquin
Reichert
Rice (NY)
Roby
Roe (TN)
Rogers (AL)
Rogers (KY)
Rooney, Francis
Rooney, Thomas J.
Rosen
Roskam
Ross
Royce (CA)
Ruiz
Ruppersberger
Russell
Rutherford
Ryan (OH)
Ryan (WI)
Scalise
Schneider
Scott (VA)
Scott, Austin
Scott, David
Sessions
Sewell (AL)
Shea-Porter
Shimkus
Shuster
Simpson
Sinema
Slaughter
Smith (NJ)
Smith (TX)
Soto
Stefanik
Stewart
Stivers
Taylor
Tenney
Thompson (CA)
Thompson (MS)
Thompson (PA)
Thornberry
Tipton
Tonko
Trott
Tsongas
Turner
Upton
Valadao
Vela
Visclosky
Wagner
Walberg
Walden
Walorski
Walters, Mimi
Weber (TX)
Welch
Wenstrup
Williams
Wilson (SC)
Wittman
Womack
Woodall
Yarmuth
Young (AK)
Young (IA)
NOES--186
Adams
Aguilar
Amash
Barragan
Barton
Bass
Beyer
Biggs
Blumenauer
Bonamici
Boyle, Brendan F.
Brady (PA)
Brat
Brooks (AL)
Brown (MD)
Brownley (CA)
Buck
Budd
Capuano
Cardenas
Carson (IN)
Castro (TX)
Chabot
Chu, Judy
Cicilline
Clark (MA)
Clarke (NY)
Clay
Cleaver
Clyburn
Comer
Cooper
Correa
Crowley
Curtis
Davidson
Davis (CA)
Davis, Danny
DeFazio
DeGette
Delaney
Demings
DeSaulnier
Dingell
Doggett
Duncan (SC)
Duncan (TN)
Ellison
Emmer
Engel
Eshoo
Espaillat
Foster
Foxx
Frankel (FL)
Gabbard
Gaetz
Gallego
Garrett
Gianforte
Gohmert
Gomez
Gosar
Graves (LA)
Griffith
Grijalva
Gutierrez
Harris
Hastings
Hensarling
Herrera Beutler
Hice, Jody B.
Holding
Hollingsworth
Hoyer
Hudson
Jayapal
Jeffries
Johnson (GA)
Johnson (LA)
Jordan
Kelly (IL)
Kennedy
Khanna
Kihuen
Kildee
Kind
King (IA)
Krishnamoorthi
Labrador
Lee
Levin
Lewis (GA)
Lewis (MN)
Lieu, Ted
Lipinski
Lofgren
Long
Lowenthal
Lowey
Lujan Grisham, M.
Lujan, Ben Ray
Maloney, Carolyn B.
Maloney, Sean
Massie
Matsui
McClintock
McEachin
McGovern
Meadows
Meeks
Meng
Mooney (WV)
Moore
Moulton
Nadler
Napolitano
Neal
Newhouse
Noem
Norcross
Norman
Pallone
Palmer
Panetta
Payne
Pearce
Pelosi
Perlmutter
Perry
Peters
Peterson
Pingree
Pocan
Polis
Posey
Price (NC)
Quigley
Raskin
Ratcliffe
Reed
Renacci
Rice (SC)
Richmond
Rohrabacher
Rokita
Ros-Lehtinen
Rothfus
Rouzer
Roybal-Allard
Rush
Sanchez
Sanford
Sarbanes
Schakowsky
Schiff
Schrader
Schweikert
Sensenbrenner
Serrano
Sherman
Sires
Smith (MO)
Smith (NE)
Smith (WA)
Smucker
Speier
Suozzi
Swalwell (CA)
Takano
Titus
Torres
Vargas
Veasey
Velazquez
Walker
Walz
Wasserman Schultz
Waters, Maxine
Watson Coleman
Webster (FL)
Westerman
Wilson (FL)
Yoder
Yoho
Zeldin
NOT VOTING--5
Black
Blum
Bridenstine
Cummings
Jones
{time} 0532
Messrs. HOLLINGSWORTH and CURTIS changed their vote from ``aye'' to
``no.''
Mr. TONKO, Ms. FUDGE, Mr. CARBAJAL, and Mrs. LAWRENCE changed their
vote from ``no'' to ``aye.''
So the motion to concur was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________