[Congressional Record Volume 164, Number 200 (Wednesday, December 19, 2018)]
[Senate]
[Pages S7933-S7934]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4163. Mr. McCONNELL proposed an amendment to the bill H.R. 695 of
1993 to establish a voluntary national criminal history background
check system and criminal history review program for certain
individuals who, related to their employment, have access to children,
the elderly, or individuals with disabilities, and for other purposes;
as follows:
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
[[Page S7934]]
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 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.
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