[Congressional Record Volume 164, Number 200 (Wednesday, December 19, 2018)]
[Senate]
[Pages S7826-S7827]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





               CHILD PROTECTION IMPROVEMENTS ACT OF 2017

  Mr. McCONNELL. Mr. President, I understand that the Senate has 
received a message from the House to accompany H.R. 695.
  The PRESIDING OFFICER. The Senator is correct.
  Mr. McCONNELL. I ask that the Chair lay before the Senate the message 
to accompany H.R. 695.
  The Presiding Officer laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the House agree to the amendment of the 
     Senate to the title of the bill (H.R. 695) entitled ``An Act 
     to amend the National Child Protection Act of 1993 to 
     establish a national criminal history background check system 
     and criminal history review program for certain individuals 
     who, related to their employment, have access to children, 
     the elderly, or individuals with disabilities, and for other 
     purposes.'' and be it further
       Resolved, That the House agree to the amendment of the 
     Senate to the text of the aforementioned bill, with an 
     amendment to Senate amendment.

  Pending:
  McConnell motion to concur in the amendment of the House to the 
amendment of the Senate to the bill.
  McConnell motion to refer the message of the House on the bill to the 
Committee on the Appropriations, with instructions, McConnell Amendment 
No. 1922, to change the enactment date.
  McConnell Amendment No. 1923 (to (the instructions) Amendment No. 
1922), of a perfecting nature.
  McConnell Amendment No. 1924 (to Amendment No. 1923), of a perfecting 
nature.


              Motion to Concur with an Amendment No. 4163

  Mr. McCONNELL. Mr. President, I move to concur in the House amendment 
to the Senate amendment to H.R. 695, with a further amendment.
  The PRESIDING OFFICER. The clerk will report the motion.
  The senior assistant legislative clerk read as follows:

       The Senator from Kentucky [Mr. McConnell] moves to concur 
     in the House amendment to the Senate amendment, with an 
     amendment numbered 4163.

  Mr. McCONNELL. I ask unanimous consent that the reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

                (Purpose: In the nature of a substitute)

       In lieu of the matter proposed to be inserted:

   DIVISION A--FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2019

       Sec. 101.  The Continuing Appropriations Act, 2019 
     (division C of Public Law 115-245) is further amended--
       (1) by striking the date specified in section 105(3) and 
     inserting ``February 8, 2019''; and
       (2) by adding after section 136 the following:
       ``Sec. 137.  Notwithstanding section 251(a)(1) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 and 
     the timetable in section 254(a) of such Act, the final 
     sequestration report for fiscal year 2019 pursuant to section 
     254(f)(1) of such Act and any order for fiscal year 2019 
     pursuant to section 254(f)(5) of such Act shall be issued, 
     for the Congressional Budget Office, 10 days after the date 
     specified in section 105(3), and for the Office of Management 
     and Budget, 15 days after the date specified in section 
     105(3).
       ``Sec. 138.  The authority provided under title XXI of the 
     Homeland Security Act of 2002 (6 U.S.C. 621 et seq.), as 
     amended by section 2(a) of the Protecting and Securing 
     Chemical Facilities from Terrorist Attacks Act of 2014 
     (Public Law 113-254), shall continue in effect through the 
     date specified in section 105(3).
       ``Sec. 139.  Section 319L(e)(1)(A) of the Public Health 
     Service Act (42 U.S.C. 247d-7e(e)(1)(A)) shall continue in 
     effect through the date specified in section 105(3) of this 
     Act.
       ``Sec. 140.  Section 405(a) of the Pandemic and All-Hazards 
     Preparedness Act (42 U.S.C. 247d-6a note) shall continue in 
     effect through the date specified in section 105(3) of this 
     Act.''.
       This division may be cited as the ``Further Additional 
     Continuing Appropriations Act, 2019''.

                     DIVISION B--MEDICAID EXTENDERS

     SEC. 101. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING 
                   DEMONSTRATION.

       (a) General Funding.--Section 6071(h) of the Deficit 
     Reduction Act of 2005 (42 U.S.C. 1396a note) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (D), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(F) subject to paragraph (3), $112,000,000 for fiscal 
     year 2019.'';
       (2) in paragraph (2)--
       (A) by striking ``Amounts made'' and inserting ``Subject to 
     paragraph (3), amounts made''; and
       (B) by striking ``September 30, 2016'' and inserting 
     ``September 30, 2021''; and
       (3) by adding at the end the following new paragraph:
       ``(3) Special rule for fy 2019.--Funds appropriated under 
     paragraph (1)(F) shall be made available for grants to States 
     only if such States have an approved MFP demonstration 
     project under this section as of December 31, 2018.''.
       (b) Funding for Quality Assurance and Improvement; 
     Technical Assistance; Oversight.--Section 6071(f) of the 
     Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is 
     amended by striking paragraph (2) and inserting the 
     following:
       ``(2) Funding.--From the amounts appropriated under 
     subsection (h)(1)(F) for fiscal year 2019, $500,000 shall be 
     available to the Secretary for such fiscal year to carry out 
     this subsection.''.
       (c) Technical Amendment.--Section 6071(b) of the Deficit 
     Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by 
     adding at the end the following:
       ``(10) Secretary.--The term `Secretary' means the Secretary 
     of Health and Human Services.''.

     SEC. 102. EXTENSION OF PROTECTION FOR MEDICAID RECIPIENTS OF 
                   HOME AND COMMUNITY-BASED SERVICES AGAINST 
                   SPOUSAL IMPOVERISHMENT.

       (a) In General.--Section 2404 of Public Law 111-148 (42 
     U.S.C. 1396r-5 note) is amended by striking ``the 5-year 
     period that begins on January 1, 2014,'' and inserting ``the 
     period beginning on January 1, 2014, and ending on March 31, 
     2019,''.
       (b) Rule of Construction.--
       (1) Protecting state spousal income and asset disregard 
     flexibility under waivers and plan amendments.--Nothing in 
     section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) 
     or section 1924 of the Social Security Act (42 U.S.C. 1396r-
     5) shall be construed as prohibiting a State from 
     disregarding an individual's spousal income and assets under 
     a State waiver or plan amendment described in paragraph (2) 
     for purposes of making determinations of eligibility for home 
     and community-based services or home and community-based 
     attendant services and supports under such waiver or plan 
     amendment.
       (2) State waiver or plan amendment described.--A State 
     waiver or plan amendment described in this paragraph is any 
     of the following:
       (A) A waiver or plan amendment to provide medical 
     assistance for home and community-based services under a 
     waiver or plan amendment under subsection (c), (d), or (i) of 
     section 1915 of the Social Security Act (42 U.S.C. 1396n) or 
     under section 1115 of such Act (42 U.S.C. 1315).
       (B) A plan amendment to provide medical assistance for home 
     and community-based services for individuals by reason of 
     being determined eligible under section 1902(a)(10)(C) of 
     such Act (42 U.S.C. 1396a(a)(10)(C)) or by reason of section 
     1902(f) of such Act (42 U.S.C. 1396a(f)) or otherwise on the 
     basis of a reduction of income based on costs incurred for 
     medical or other remedial care under which the State 
     disregarded the income and assets of the individual's spouse 
     in determining the initial and ongoing financial eligibility 
     of an individual for such services in place of the spousal 
     impoverishment provisions applied under section 1924 of such 
     Act (42 U.S.C. 1396r-5).
       (C) A plan amendment to provide medical assistance for home 
     and community-based attendant services and supports under 
     section 1915(k) of such Act (42 U.S.C. 1396n(k)).

     SEC. 103. REDUCTION IN FMAP AFTER 2020 FOR STATES WITHOUT 
                   ASSET VERIFICATION PROGRAM.

       Section 1940 of the Social Security Act (42 U.S.C. 1396w) 
     is amended by adding at the end the following new subsection:
       ``(k) Reduction in FMAP After 2020 for Non-Compliant 
     States.--
       ``(1) In general.--With respect to a calendar quarter 
     beginning on or after January 1, 2021, the Federal medical 
     assistance percentage otherwise determined under section 
     1905(b) for a non-compliant State shall be reduced--
       ``(A) for calendar quarters in 2021 and 2022, by 0.12 
     percentage points;
       ``(B) for calendar quarters in 2023, by 0.25 percentage 
     points;
       ``(C) for calendar quarters in 2024, by 0.35 percentage 
     points; and
       ``(D) for calendar quarters in 2025 and each year 
     thereafter, by 0.5 percentage points.
       ``(2) Non-compliant state defined.--For purposes of this 
     subsection, the term `non-compliant State' means a State--
       ``(A) that is one of the 50 States or the District of 
     Columbia;
       ``(B) with respect to which the Secretary has not approved 
     a State plan amendment submitted under subsection (a)(2); and
       ``(C) that is not operating, on an ongoing basis, an asset 
     verification program in accordance with this section.''.

     SEC. 104. MEDICAID IMPROVEMENT FUND.

       Section 1941(b)(1) of the Social Security Act (42 U.S.C. 
     1396w-1(b)(1)) is amended by striking ``$31,000,000'' and 
     inserting ``$6,000,000''.

     SEC. 105. BUDGETARY EFFECTS.

       (a) Statutory Paygo Scorecards.--The budgetary effects of 
     this division shall not be

[[Page S7827]]

     entered on either PAYGO scorecard maintained pursuant to 
     section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 
     U.S.C. 933(d)).
       (b) Senate Paygo Scorecards.--The budgetary effects of this 
     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 this 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.
       (d) PAYGO Annual Report.--For the purposes of the annual 
     report issued pursuant to section 5 of the Statutory Pay-As-
     You-Go Act of 2010 (2 U.S.C. 934) after adjournment of the 
     second session of the 115th Congress, and for determining 
     whether a sequestration order is necessary under such 
     section, the debit for the budget year on the 5-year 
     scorecard, if any, and the 10-year scorecard, if any, shall 
     be deducted from such scorecard in 2019 and added to such 
     scorecard in 2020.

  Mr. McCONNELL. I ask for the yeas and nays on the motion to concur 
with amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.


                Amendment No. 4164 to Amendment No. 4163

  Mr. McCONNELL. Mr. President, I have a second-degree amendment at the 
desk.
  The PRESIDING OFFICER. The clerk will report.
  The senior assistant legislative clerk read as follows:

       The Senator from Kentucky [Mr. McConnell] proposes an 
     amendment numbered 4164 to amendment No. 4163.

  Mr. McCONNELL. I ask unanimous consent that the reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

                (Purpose: to change the enactment date)

       At the end add the following.
       ``This Act shall take effect 1 day after the date of 
     enactment.''


               Motion to Refer with an Amendment No. 4165

  Mr. McCONNELL. Mr. President, I move to refer the House message on 
H.R. 695 to the Committee on Appropriations with instructions to report 
back forthwith.
  The PRESIDING OFFICER. The clerk will report the motion.
  The senior assistant legislative clerk read as follows:

       The Senator from Kentucky [Mr. McConnell] moves to refer 
     the House message on H.R. 695 to the Committee on 
     Appropriations with instructions to report back forthwith 
     with an amendment numbered 4165.

  The amendment is as follows:

                (Purpose: to change the enactment date)

       At the end add the following.
       ``This act shall be effective 2 days after enactment.''

  Mr. McCONNELL. I ask for the yeas and nays on my motion.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.


                Amendment No. 4166 to Amendment No. 4165

  Mr. McCONNELL. I have an amendment to the instructions.
  The PRESIDING OFFICER. The clerk will report.
  The senior assistant legislative clerk read as follows:

       The Senator from Kentucky [Mr. McCONNELL] proposes an 
     amendment numbered 4166 to the instructions on the motion to 
     refer.

  Mr. McCONNELL. I ask unanimous consent that the reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

                   (Purpose: Of a perfecting nature)

       Strike ``2'' and insert ``3''

  Mr. McCONNELL. I ask for the yeas and nays on my amendment.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.


                Amendment No. 4167 to Amendment No. 4166

  Mr. McCONNELL. Mr. President, I have a second-degree amendment at the 
desk.
  The PRESIDING OFFICER. The clerk will report.
  The senior assistant legislative clerk read as follows:

       The Senator from Kentucky [Mr. McConnell] proposes an 
     amendment numbered 4167 to amendment No. 4166.

  Mr. McCONNELL. I ask unanimous consent that the reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

                   (Purpose: Of a perfecting nature)

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

                          ____________________