    [115th Congress Public Law 123]
    [From the U.S. Government Publishing Office]

    [[Page 63]]

                          BIPARTISAN BUDGET ACT OF 2018

    [[Page 132 STAT. 64]]

    Public Law 115-123
    115th Congress

                                     An Act

     To amend title 4, United States Code, to provide for the flying of the
    flag at half-staff in the event of the death of a first responder in the
              line of duty. <<NOTE: Feb. 9, 2018 -  [H.R. 1892]>>

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <<NOTE: Bipartisan
    Budget Act of 2018.>>
    SECTION 1. <<NOTE: 42 USC 1305 note.>>  SHORT TITLE.

        This Act may be cited as the ``Bipartisan Budget Act of 2018''.

     DIVISION A-- <<NOTE: Honoring Hometown Heroes Act.>> HONORING HOMETOWN
    HEROES ACT
    SECTION 10101. <<NOTE: 4 USC 1 note.>>  SHORT TITLE.

        This division may be cited as the ``Honoring Hometown Heroes Act''.
    SEC. 10102. PERMITTING THE FLAG TO BE FLOWN AT HALF-STAFF IN THE
                                EVENT OF THE DEATH OF A FIRST
                                RESPONDER SERVING IN THE LINE OF DUTY.

        (a) Amendment.--The sixth sentence of section 7(m) of title 4,
    United States Code, is amended--
                (1) by striking ``or'' after ``possession of the United
            States'' and inserting a comma;
                (2) by inserting ``or the death of a first responder working
            in any State, territory, or possession who dies while serving in
            the line of duty,'' after ``while serving on active duty,'';
                (3) by striking ``and'' after ``former officials of the
            District of Columbia'' and inserting a comma; and
                (4) by inserting before the period the following: ``, and
            first responders working in the District of Columbia''.

        (b) First Responder Defined.--Such subsection is further amended--
                (1) in paragraph (2), by striking ``, United States Code;
            and'' and inserting a semicolon;
                (2) in paragraph (3), by striking the period at the end and
            inserting ``; and''; and
                (3) by adding at the end the following new paragraph:
                ``(4) the term `first responder' means a `public safety
            officer' as defined in section 1204 of title I of the Omnibus
            Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284).''.

        (c) <<NOTE: Applicability. 4 USC 7 note.>>  Effective Date.--The
    amendments made by this section shall apply with respect to deaths of
    first responders occurring on or after the date of the enactment of this
    Act.

    [[Page 132 STAT. 65]]

       DIVISION B--SUPPLEMENTAL APPROPRIATIONS, TAX RELIEF, AND MEDICAID
         CHANGES RELATING TO CERTAIN DISASTERS AND FURTHER EXTENSION OF
                            CONTINUING APPROPRIATIONS

     Subdivision 1-- <<NOTE: Further Additional Supplemental Appropriations
        for Disaster Relief Requirements Act, 2018.>> Further Additional
    Supplemental Appropriations for Disaster Relief Requirements Act, 2018

         The following sums in this subdivision are appropriated, out of any
    money in the Treasury not otherwise appropriated, for the fiscal year
    ending September 30, 2018 and for other purposes, namely:

                                     TITLE I

                            DEPARTMENT OF AGRICULTURE

                              AGRICULTURAL PROGRAMS

                       Processing, Research and Marketing

                             Office of the Secretary

        For an additional amount for the ``Office of the Secretary'',
    $2,360,000,000, which shall remain available until December 31, 2019,
    for necessary expenses related to crops, trees, bushes, and vine losses
    related to the consequences of Hurricanes Harvey, Irma, Maria, and other
    hurricanes and wildfires occurring in calendar year 2017 under such
    terms and conditions as determined by the Secretary:  Provided, That the
    Secretary may provide assistance for such losses in the form of block
    grants to eligible states and territories:  Provided further, That the
    total amount of payments received under this heading and applicable
    policies of crop insurance under the Federal Crop Insurance Act (7
    U.S.C. 1501 et seq.) or the Noninsured Crop Disaster Assistance Program
    (NAP) under section 196 of the Federal Agriculture Improvement and
    Reform Act of 1996 (7 U.S.C. 7333) shall not exceed 85 percent of the
    loss as determined by the Secretary:  Provided further, That the total
    amount of payments received under this heading for producers who did not
    obtain a policy or plan of insurance for an insurable commodity for the
    2017 crop year, or 2018 crop year as applicable, under the Federal Crop
    Insurance Act (7 U.S.C. 1501 et seq.) for the crop incurring the losses
    or did not file the required paperwork and pay the service fee by the
    applicable State filing deadline for a noninsurable commodity for the
    2017 crop year, or 2018 crop year as applicable, under NAP for the crop
    incurring the losses shall not exceed 65 percent of the loss as
    determined by the Secretary:  Provided further, That producers receiving
    payments under this heading, as determined by the Secretary, shall be
    required to purchase crop insurance where crop insurance is available
    for the next two available crop years, and producers receiving payments
    under this heading shall be required to purchase coverage under NAP
    where crop insurance is not available in the next two available crop
    years, as determined by the Secretary:  Provided
    further, <<NOTE: Deadline. Reports.>>  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

    [[Page 132 STAT. 66]]

    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.

    [[Page 132 STAT. 67]]

                           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))

    [[Page 132 STAT. 68]]

    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--

    [[Page 132 STAT. 69]]

                        ``(A) the day before the date of death of the
                    livestock; or
                        ``(B) the day before the date of the event that
                    caused the harm to the livestock that resulted in a
                    reduced sale price.''; and
                (3) by adding at the end the following new paragraph:
                ``(4) A payment made under paragraph (1) to an eligible
            producer on a farm that sold livestock for a reduced sale price
            shall--
                        ``(A) be made if the sale occurs within a reasonable
                    period following the event, as determined by the
                    Secretary; and
                        ``(B) be reduced by the amount that the producer
                    received for the sale.''.

        (b) Section 1501(d)(1) of the Agricultural Act of 2014 (7 U.S.C.
    9081(d)(1)) is amended by striking ``not more than $20,000,000 of''.
        (c) Section 1501(e)(4)(C) of the Agricultural Act of 2014 (7 U.S.C.
    9081(e)(4)(C)) is amended by striking ``500 acres'' and inserting
    ``1,000 acres''.
        (d) Section 1501 of the Agricultural Act of 2014 (7 U.S.C. 9081) is
    amended--
                (1) in subsection (e)(4)--
                        (A) by striking subparagraph (B); and
                        (B) by redesignating subparagraph (C), as amended by
                    subsection (c), as subparagraph (B); and
                (2) in subsection (f)(2), by striking ``subsection (e)'' and
            inserting ``subsections (b) and (e)''.

        (e) <<NOTE: Applicability. Effective date. 7 USC 9081 note.>>
    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

    [[Page 132 STAT. 70]]

    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, <<NOTE: Spending plan. Deadline.>>  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, <<NOTE: Spending plan. Deadline.>>  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.

    [[Page 132 STAT. 71]]

                          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.

    [[Page 132 STAT. 72]]

                            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, <<NOTE: Spending plan. Deadline.>>  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

    [[Page 132 STAT. 73]]

    is designated by the Congress as 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. <<NOTE: Deadline. Waiver.>>  (a) In recognition of the
    consistency of the Mid-Barataria Sediment Diversion, Mid-Breton Sound
    Sediment Diversion, and Calcasieu Ship Channel Salinity Control Measures
    projects, as selected by the 2017 Louisiana Comprehensive Master Plan
    for a Sustainable Coast, with the findings and policy declarations in
    section 2(6) of the Marine Mammal Protection Act (16 U.S.C. 1361 et
    seq., as amended) regarding maintaining the health and stability of the
    marine ecosystem, within 120 days of the enactment of this section, the
    Secretary of Commerce shall issue a waiver pursuant to section
    101(a)(3)(A) and this section to section 101(a) and section 102(a) of
    the Act, for such projects that will remain in effect for the duration
    of the construction, operations and maintenance of the projects. No
    rulemaking, permit, determination, or other condition or limitation
    shall be required when issuing a waiver pursuant to this section.

        (b) <<NOTE: Louisiana. Consultation.>>  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

    [[Page 132 STAT. 74]]

    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.

    [[Page 132 STAT. 75]]

                  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.

    [[Page 132 STAT. 76]]

                                    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, <<NOTE: Deadlines. Reports.>>  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, <<NOTE: Determination.>>  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, <<NOTE: Puerto Rico. Virgin Islands.>>  That
    all repair, rehabilitation, study, design, and

    [[Page 132 STAT. 77]]

    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, <<NOTE: Time period.>>  That using funds provided under this
    heading, the non-Federal cash contribution for projects eligible for
    funding pursuant to the first proviso shall be financed in accordance
    with the provisions of section 103(k) of Public Law 99-662 over a period
    of 30 years from the date of completion of the project or separable
    element:  Provided further, That up to $50,000,000 of the funds made
    available under this heading shall be used for continuing authorities
    projects to reduce the risk of flooding and storm damage:  Provided
    further, That any projects using funds appropriated under this heading
    shall be initiated only after non-Federal interests have entered into
    binding agreements with the Secretary requiring, where applicable, the
    non-Federal interests to pay 100 percent of the operation, maintenance,
    repair, replacement, and rehabilitation costs of the project and to hold
    and save the United States free from damages due to the construction or
    operation and maintenance of the project, except for damages due to the
    fault or negligence of the United States or its contractors:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985:  Provided
    further, <<NOTE: Deadlines. Reports.>>  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, <<NOTE: Deadlines. Reports.>>  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.

    [[Page 132 STAT. 78]]

                            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, <<NOTE: Deadlines. Reports.>>  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, <<NOTE: Deadlines. Reports.>>  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, <<NOTE: Deadlines. Reports.>>  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.

    [[Page 132 STAT. 79]]

                              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. <<NOTE: Deadlines. Reports. 33 USC 701n-2.>>   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, <<NOTE: Deadlines. Reports.>>
    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

    [[Page 132 STAT. 80]]

    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.

    [[Page 132 STAT. 81]]

                                    TITLE VI

                         DEPARTMENT OF HOMELAND SECURITY

        DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT

                           Office of Inspector General

                             operations and support

        For an additional amount for ``Operations and Support'' for
    necessary expenses related to the consequences of Hurricanes Harvey,
    Irma, and Maria, $25,000,000, to remain available until September 30,
    2020, for audits and investigations of activities funded by this title:
    Provided, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                    SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                       U.S. Customs and Border Protection

                             operations and support

        For an additional amount for ``Operations and Support'' for
    necessary expenses related to the consequences of Hurricanes Harvey,
    Irma, and Maria, $104,494,000, to remain available until September 30,
    2019:  Provided, That such amount is designated by the Congress as being
    for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985:  Provided
    further, That not more than $39,400,000 may be used to carry out U.S.
    Customs and Border Protection activities in fiscal year 2018 in Puerto
    Rico and the United States Virgin Islands, in addition to any other
    amounts available for such purposes.

                   procurement, construction, and improvements

        For an additional amount for ``Procurement, Construction, and
    Improvements'' for necessary expenses related to the consequences of
    Hurricanes Harvey, Irma, and Maria, including for the reconstruction of
    facilities affected, $45,000,000, to remain available until September
    30, 2022:  Provided, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985:
    Provided further, <<NOTE: Puerto Rico. Virgin Islands.>>  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

    [[Page 132 STAT. 82]]

    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, <<NOTE: Deadline. Expenditure plan.>>  That, not later than 60
    days after enactment of this subdivision, the Secretary

    [[Page 132 STAT. 83]]

    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

         <<NOTE: Web postings. Deadlines. Missions. Cost estimates.>> 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, <<NOTE: Grants.>>  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, <<NOTE: Updates.>>  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 <<NOTE: Hurricane
    Harvey. Hurricane Irma. Hurricane Maria.>>  for a disaster declaration
    related to Hurricanes Harvey, Irma,

    [[Page 132 STAT. 84]]

    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, <<NOTE: Reports.>>  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.

    [[Page 132 STAT. 85]]

                         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. <<NOTE: President.>>   Notwithstanding section 404 or
    420 of the Robert T. Stafford Disaster Relief and Emergency Assistance
    Act (42 U.S.C. 5170c and 8187), for fiscal years 2017 and 2018, the
    President shall provide hazard mitigation assistance in accordance with
    such section 404 in any area in which assistance was provided under such
    section 420.

        Sec. 20603.  The third proviso of the second paragraph in title I of
    Public Law 115-72 under the heading ``Federal Emergency Management
    Agency--Disaster Relief Fund'' <<NOTE: 131 Stat. 1225.>>  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

    [[Page 132 STAT. 86]]

                    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) <<NOTE: 42 USC 5122 note.>>  Applicability.--This section and
    the amendments made by this section shall apply--
                (1) <<NOTE: Effective date.>>  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) <<NOTE: Applicability. Effective date.>>  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;

    [[Page 132 STAT. 87]]

                              ``(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) <<NOTE: Deadline. President.>>  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, <<NOTE: 131 Stat. 433.>>  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.

    [[Page 132 STAT. 88]]

        ``(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.

    [[Page 132 STAT. 89]]

                         United States Geological Survey

                      surveys, investigations, and research

        For an additional amount for ``Surveys, Investigations, and
    Research'' for necessary expenses related to the consequences of
    Hurricanes Harvey, Irma, and Maria, and in those areas impacted by a
    major disaster declared pursuant to the Robert T. Stafford Disaster
    Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) with
    respect to wildfires in 2017, $42,246,000, to remain available until
    expended:  Provided, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                              Departmental Offices

                                 Insular Affairs

                            assistance to territories

        For an additional amount for ``Technical Assistance'' for financial
    management expenses related to the consequences of Hurricanes Irma and
    Maria, $3,000,000, to remain available until expended:  Provided, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                           Office of Inspector General

                              salaries and expenses

        For an additional amount for ``Salaries and Expenses'' for necessary
    expenses related to the consequences of Hurricanes Harvey, Irma, and
    Maria, $2,500,000, to remain available until expended:  Provided, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

                         Environmental Protection Agency

                          hazardous substance superfund

        For an additional amount for ``Hazardous Substance Superfund'' for
    necessary expenses related to the consequences of Hurricanes Harvey,
    Irma, and Maria, $6,200,000, to remain available until expended:
    Provided, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

               leaking underground storage tank trust fund program

        For an additional amount for ``Leaking Underground Storage Tank
    Fund'' for necessary expenses related to the consequences of Hurricanes
    Harvey, Irma, and Maria, $7,000,000, to remain

    [[Page 132 STAT. 90]]

    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

    [[Page 132 STAT. 91]]

    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 <<NOTE: Reports. Deadline.>>  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

    [[Page 132 STAT. 92]]

    $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 <<NOTE: Deadline. Time period.>>  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

    [[Page 132 STAT. 93]]

    Act, or for Dislocated Worker employment and training activities under
    section 133(b)(2)(A) of such Act among--
                (1) adult employment and training activities;
                (2) dislocated worker employment and training activities;
            and
                (3) youth workforce investment activities.

                     DEPARTMENT OF HEALTH AND HUMAN SERVICES

                   Centers for Disease Control and Prevention

                     cdc-wide activities and program support

                          (including transfer of funds)

        For an additional amount for ``CDC-Wide Activities and Program
    Support'', $200,000,000, to remain available until September 30, 2020,
    for response, recovery, preparation, mitigation, and other expenses
    directly related to the consequences of Hurricanes Harvey, Irma, and
    Maria:  Provided, That obligations incurred for the purposes provided
    herein prior to the date of enactment of this subdivision may be charged
    to funds appropriated by this paragraph:  Provided further, That of the
    amount provided, not less than $6,000,000 shall be transferred to the
    ``Buildings and Facilities'' account for the purposes provided herein:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                          National Institutes of Health

                             office of the director

        For an additional amount for fiscal year 2018 for ``Office of the
    Director'', $50,000,000, to remain available until September 30, 2020,
    for response, recovery, and other expenses directly related to the
    consequences of Hurricanes Harvey, Irma, and Maria:  Provided, That
    obligations incurred for these purposes prior to the date of enactment
    of this subdivision may be charged to funds appropriated by this
    paragraph:  Provided further, That funds appropriated by this paragraph
    may be used for construction grants or contracts under section 404I of
    the Public Health Service Act without regard to section 404I(c)(2):
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

                    Administration for Children and Families

                     children and families services programs

        For an additional amount for ``Children and Families Services
    Programs'', $650,000,000, to remain available until September 30, 2021,
    for Head Start programs, for necessary expenses directly related to the
    consequences of Hurricanes Harvey, Irma, and Maria, including making
    payments under the Head Start Act:  Provided, That none of the funds
    appropriated in this paragraph shall be included in the calculation of
    the ``base grant'' in subsequent fiscal

    [[Page 132 STAT. 94]]

    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-

    [[Page 132 STAT. 95]]

    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) <<NOTE: Determination. Notice.>>  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);

    [[Page 132 STAT. 96]]

                        (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--

    [[Page 132 STAT. 97]]

                              (i) $9,000 for each displaced student who is
                          an English learner, as that term is defined in
                          section 8101 of the Elementary and Secondary
                          Education Act of 1965 (20 U.S.C. 7801);
                              (ii) $10,000 for each displaced student who is
                          a child with a disability (regardless of whether
                          the child is an English learner); and
                              (iii) $8,500 for each displaced student who is
                          not a child with a disability or an English
                          learner;
                        (I) with respect to the emergency impact aid
                    provided under paragraph (1)(B), the Secretary may
                    modify the State educational agency and local
                    educational agency application timelines in section
                    107(c) of such title; and
                        (J) each reference to a public elementary school may
                    include, as determined by the local educational agency,
                    a publicly-funded preschool program that enrolls
                    children below the age of kindergarten entry and is part
                    of an elementary school;
                (3) $100,000,000 of the funds made available under this
            heading shall be for programs authorized under subpart 3 of Part
            A, part C of title IV and part B of title VII of the Higher
            Education Act of 1965 (20 U.S.C. 1087-51 et seq., 1138 et seq.)
            for institutions located in an area affected by a covered
            disaster or emergency, and students enrolled in such
            institutions, except that--
                        (A) any requirements relating to matching, Federal
                    share, reservation of funds, or maintenance of effort
                    under such parts that would otherwise be applicable to
                    that assistance shall not apply;
                        (B) such assistance may be used for student
                    financial assistance;
                        (C) such assistance may also be used for faculty and
                    staff salaries, equipment, student supplies and
                    instruments, or any purpose authorized under the Higher
                    Education Act of 1965, by institutions of higher
                    education that are located in areas affected by a
                    covered disaster or emergency; and
                        (D) the Secretary shall prioritize, to the extent
                    possible, students who are homeless or at risk of
                    becoming homeless as a result of displacement, and
                    institutions that have sustained extensive damage, by a
                    covered disaster or emergency;
                (4) up to $75,000,000 of the funds made available under this
            heading shall be for payments to institutions of higher
            education to help defray the unexpected expenses associated with
            enrolling displaced students from institutions of higher
            education at which operations have been disrupted by a covered
            disaster or emergency, in accordance with criteria established
            by the Secretary and made publicly available;
                (5) $25,000,000 of the funds made available under this
            heading shall be available to provide assistance to local
            educational agencies serving homeless children and youths
            displaced by a covered disaster or emergency, consistent with
            section 723 of the McKinney-Vento Homeless Assistance Act (42
            U.S.C. 11431-11435) and with section 106 of title IV of division
            B of Public Law 109-148, except that funds shall be disbursed
            based on demonstrated need and the number

    [[Page 132 STAT. 98]]

            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) <<NOTE: Waiver authority.>>  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) <<NOTE: Loan forgiveness.>>  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.

    [[Page 132 STAT. 99]]

                         GENERAL PROVISIONS--THIS TITLE

                          (including transfer of funds)

        Sec. 20805.  Funds <<NOTE: Consultation.>>  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 <<NOTE: Notification.>>  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, <<NOTE: Determination.>>  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 <<NOTE: Deadlines. Spending plan. Cost
    estimates.>>  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: <<NOTE: Updates.>>   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

    [[Page 132 STAT. 100]]

    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: <<NOTE: Deadline. Expenditure
    plan.>>   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: <<NOTE: Deadline. Expenditure plan.>>   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

    [[Page 132 STAT. 101]]

    by the Congress as being for an emergency requirement pursuant to
    section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                               medical facilities

        For an additional amount for ``Medical Facilities'', $75,108,000, to
    remain available until September 30, 2022, for necessary expenses
    related to the consequences of Hurricanes Harvey, Irma, and
    Maria: <<NOTE: Expenditure plan.>>   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 <<NOTE: Puerto Rico.>>  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.

    [[Page 132 STAT. 102]]

                            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: <<NOTE: Applicability.>>   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.

    [[Page 132 STAT. 103]]

                             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

    [[Page 132 STAT. 104]]

    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: <<NOTE: Determination.>>
    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: <<NOTE: Deadlines.>>   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 <<NOTE: Certification.>>  as a condition of making any grant, the
    Secretary shall certify in advance that such grantee has in place
    proficient financial controls and procurement processes and has
    established adequate procedures to prevent any duplication of benefits
    as defined by section 312 of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5155), to ensure timely expenditure
    of funds, to maintain comprehensive websites regarding all disaster
    recovery activities assisted with these funds, and to detect and prevent
    waste, fraud, and abuse of funds:  Provided further, That with respect
    to any such duplication of benefits, the Secretary and any grantee under
    this section shall not take into consideration or reduce the amount
    provided to any applicant for assistance from the grantee where such
    applicant applied for and was approved, but declined assistance related
    to such major declared disasters that occurred in 2014, 2015, 2016, and
    2017 from the Small Business Administration under section 7(b) of the
    Small Business Act (15 U.S.C. 636(b)): <<NOTE: Web
    posting. Records. Contracts. Determination.>>   Provided further, That
    the

    [[Page 132 STAT. 105]]

    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: <<NOTE: Plan.>>   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 <<NOTE: 131 Stat. 1138.>>  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 <<NOTE: Waiver authority.>>  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 <<NOTE: Notice. Federal
    Register, publication. Deadline.>>  shall publish via notice in the
    Federal Register

    [[Page 132 STAT. 106]]

    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) <<NOTE: 131 Stat. 1138.>>  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),

    [[Page 132 STAT. 107]]

    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 <<NOTE: Consultation.>>  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 <<NOTE: President.>>  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 <<NOTE: President.>>  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.

    [[Page 132 STAT. 108]]

        Sec. 21207.  The <<NOTE: Applicability.>>  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) <<NOTE: 131 Stat. 1227.>>  is amended--
                (1) in subsection (a)--
                        (A) <<NOTE: Deadline.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Disaster assistance. Deadline. Guidance. 31 USC 501
    note.>>  In order to proactively prepare for oversight of future
    disaster relief funding, not later than one year after the date of
    enactment of this Act, the Director of the Office of Management and
    Budget shall issue standard guidance for Federal agencies to use in
    designing internal control plans for disaster relief funding. This
    guidance shall leverage existing internal control review processes and
    shall include, at a minimum, the following elements:
                (1) <<NOTE: Criteria.>>  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 <<NOTE: Reports.>>  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) <<NOTE: Deadline. Coordination. Puerto
    Rico. Reports. Plan.>>  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;

    [[Page 132 STAT. 109]]

                        (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) <<NOTE: Certification.>>  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) <<NOTE: Time period. Updates.>>  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) <<NOTE: Time period.>>  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.

    [[Page 132 STAT. 110]]

        (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) <<NOTE: Assessments.>>  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) <<NOTE: Time period. President.>>  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.

    [[Page 132 STAT. 111]]

                        (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) <<NOTE: Definition.>>  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) <<NOTE: Time period. Effective date.>>  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.--
                    <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>>  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) <<NOTE: Time periods.>>  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,

    [[Page 132 STAT. 112]]

                    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) <<NOTE: Applicability.>>  Special rule.--For
                    purposes of subparagraph (A), rules similar to the rules
                    of subparagraph (E) of section 408A(d)(3) of the
                    Internal Revenue Code of 1986 shall apply.
                (6) Special rules.--
                        (A) Exemption of distributions from trustee to
                    trustee transfer and withholding rules.--For purposes of
                    sections 401(a)(31), 402(f), and 3405 of the Internal
                    Revenue Code of 1986, qualified wildfire distributions
                    shall not be treated as eligible rollover distributions.
                        (B) Qualified wildfire distributions treated as
                    meeting plan distribution requirements.--For purposes
                    the Internal Revenue Code of 1986, a qualified wildfire
                    distribution shall be treated as meeting the
                    requirements of sections 401(k)(2)(B)(i),
                    403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) of such
                    Code.

        (b) Recontributions of Withdrawals for Home Purchases.--
                (1) Recontributions.--
                        (A) <<NOTE: Time period.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Time period.>>  received after March 31,
                    2017, and before January 15, 2018, and

    [[Page 132 STAT. 113]]

                        (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) <<NOTE: Time period. Applicability.>>  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) <<NOTE: Effective date. Time periods.>>  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) <<NOTE: Definition. Time period.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Regulation.>>  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

    [[Page 132 STAT. 114]]

                              (ii) <<NOTE: Effective date.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Effective date. Time periods.>>  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--

    [[Page 132 STAT. 115]]

                        (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. <<NOTE: Applicability. Definitions. Time periods.>>
                                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.

    [[Page 132 STAT. 116]]

                              (ii) Carryover.--Rules similar to the rules of
                          subparagraph (A)(ii) shall apply for purposes of
                          this subparagraph.
                (3) Exception to overall limitation on itemized
            deductions.--So much of any deduction allowed under section 170
            of the Internal Revenue Code of 1986 as does not exceed the
            qualified contributions paid during the taxable year shall not
            be treated as an itemized deduction for purposes of section 68
            of such Code.
                (4) Qualified contributions.--
                        (A) In general.--For purposes of this subsection,
                    the term ``qualified contribution'' means any charitable
                    contribution (as defined in section 170(c) of the
                    Internal Revenue Code of 1986) if--
                              (i) such contribution--
                                        (I) is paid during the period
                                    beginning on October 8, 2017, and ending
                                    on December 31, 2018, in cash to an
                                    organization described in section
                                    170(b)(1)(A) of such Code, and
                                        (II) is made for relief efforts in
                                    the California wildfire disaster area,
                              (ii) the taxpayer obtains from such
                          organization contemporaneous written
                          acknowledgment (within the meaning of section
                          170(f)(8) of such Code) that such contribution was
                          used (or is to be used) for relief efforts
                          described in clause (i)(II), and
                              (iii) the taxpayer has elected the application
                          of this subsection with respect to such
                          contribution.
                        (B) Exception.--Such term shall not include a
                    contribution by a donor if the contribution is--
                              (i) to an organization described in section
                          509(a)(3) of the Internal Revenue Code of 1986, or
                              (ii) for the establishment of a new, or
                          maintenance of an existing, donor advised fund (as
                          defined in section 4966(d)(2) of such Code).
                        (C) Application of election to partnerships and s
                    corporations.--In the case of a partnership or S
                    corporation, the election under subparagraph (A)(iii)
                    shall be made separately by each partner or shareholder.

        (b) Special Rules for Qualified Disaster-Related Personal Casualty
    Losses.--
                (1) In general.--If an individual has a net disaster loss
            for any taxable year--
                        (A) the amount determined under section
                    165(h)(2)(A)(ii) of the Internal Revenue Code of 1986
                    shall be equal to the sum of--
                              (i) such net disaster loss, and
                              (ii) so much of the excess referred to in the
                          matter preceding clause (i) of section
                          165(h)(2)(A) of such Code (reduced by the amount
                          in clause (i) of this subparagraph) as exceeds 10
                          percent of the adjusted gross income of the
                          individual,
                        (B) section 165(h)(1) of such Code shall be applied
                    by substituting ``$500'' for ``$500 ($100 for taxable
                    years beginning after December 31, 2009)'',

    [[Page 132 STAT. 117]]

                        (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

    [[Page 132 STAT. 118]]

                    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) <<NOTE: Time period.>>  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) <<NOTE: Certifications.>>  For the period described in
            subparagraph (C), the amount of the increase otherwise provided
            under subparagraph (A)--

    [[Page 132 STAT. 119]]

                        ``(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

    [[Page 132 STAT. 120]]

                        (B) the establishment of a State medicaid fraud
                    control unit described in section 1903(q) of the Social
                    Security Act (42 U.S.C. 1396d(q)).

                           TITLE IV--BUDGETARY EFFECTS

    SEC. 20401. EMERGENCY DESIGNATION.

        This subdivision is designated as an emergency requirement pursuant
    to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C.
    933(g)).
    SEC. 20402. DESIGNATION IN SENATE.

        In the Senate, this subdivision is designated as an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year 2018.

     Subdivision 3-- <<NOTE: Further Extension of Continuing Appropriations
    Act, 2018.>> Further Extension of Continuing Appropriations Act, 2018

        Sec. 20101. <<NOTE: 131 Stat. 1141.>>   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 <<NOTE: Ante, p. 30.>>  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 <<NOTE: Applicability.>>  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. <<NOTE: 42 USC 6241 note.>>   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.

    [[Page 132 STAT. 121]]

        ``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) <<NOTE: 131 Stat. 2044.>> , 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 <<NOTE: Applicability.>>  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 <<NOTE: Waiver authority.>>  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 <<NOTE: Applicability.>>  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'.

    [[Page 132 STAT. 122]]

        ``Sec. 165.  Section <<NOTE: Applicability.>>  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) <<NOTE: Time periods.>>  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;

    [[Page 132 STAT. 123]]

                ``(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 <<NOTE: Effective date.>>  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) <<NOTE: Effective date. Applicability.>>  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) <<NOTE: Time periods. Deadline.>>  Committee Allocations,
    Aggregates, and Levels.--After April 15, 2018, but not later than May
    15, 2018, the Chairman of the Committee on the Budget of the Senate
    shall file--
                (1) for the Committee on Appropriations, committee
            allocations for fiscal year 2019 consistent with discretionary
            spending limits set forth in section 251(c)(6) of the Balanced
            Budget and Emergency Deficit Control Act of 1985, as amended by
            this Act, for the purposes of enforcing section 302 of the
            Congressional Budget Act of 1974 (2 U.S.C. 633);

    [[Page 132 STAT. 124]]

                (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) <<NOTE: Deadline.>>  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 <<NOTE: Applicability. Effective date.>>  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) <<NOTE: Congressional Record, publication. Time
    periods. Deadline.>>  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

    [[Page 132 STAT. 125]]

            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 <<NOTE: Deadline. Congressional
    Record, publication.>>  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.

    [[Page 132 STAT. 126]]

    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) <<NOTE: 42 USC 6241 note.>>  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.

    [[Page 132 STAT. 127]]

                (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) <<NOTE: 42 USC 6241 note.>>  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. <<NOTE: 42 USC 506.>>  GRANTS TO STATES FOR
                            REEMPLOYMENT SERVICES AND ELIGIBILITY
                            ASSESSMENTS.

        ``(a) In General.--The Secretary of Labor (in this section referred
    to as the `Secretary') shall award grants under this section for a
    fiscal year to eligible States to conduct a program of reemployment
    services and eligibility assessments for individuals referred to
    reemployment services as described in section 303(j) for weeks in such
    fiscal year for which such individuals receive unemployment
    compensation.
        ``(b) Purposes.--The purposes of this section are to accomplish the
    following goals:
                ``(1) To improve employment outcomes of individuals that
            receive unemployment compensation and to reduce the average
            duration of receipt of such compensation through employment.
                ``(2) To strengthen program integrity and reduce improper
            payments of unemployment compensation by States through the
            detection and prevention of such payments to individuals who are
            not eligible for such compensation.
                ``(3) To promote alignment with the broader vision of the
            Workforce Innovation and Opportunity Act (29 U.S.C. 3101

    [[Page 132 STAT. 128]]

            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) <<NOTE: Time period.>>  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) <<NOTE: Effective date.>>  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

    [[Page 132 STAT. 129]]

                          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) <<NOTE: Determination.>>  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) <<NOTE: Deadline. Notice.>>  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) <<NOTE: Time periods. Determination.>>  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

    [[Page 132 STAT. 130]]

                    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) <<NOTE: Definition.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Criteria.>>  make publicly available
                    the allocation formula and criteria developed pursuant
                    to subclause (A).

        ``(g) <<NOTE: Deadline.>>  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:

    [[Page 132 STAT. 131]]

                ``(1) Causal evidence rating.--The terms `high causal
            evidence rating' and `moderate causal evidence rating' shall
            have the meaning given such terms by the Secretary of Labor.
                ``(2) Eligible state.--The term `eligible State' means a
            State that has in effect a State plan approved by the Secretary
            in accordance with subsection (e).
                ``(3) Intervention.--The term `intervention' means a service
            delivery strategy for the provision of State reemployment
            services and eligibility assessment activities under this
            section.
                ``(4) State.--The term `State' has the meaning given the
            term in section 205 of the Federal-State Extended Unemployment
            Compensation Act of 1970 (26 U.S.C. 3304 note).
                ``(5) Unemployment compensation.--The term unemployment
            compensation means `regular compensation', `extended
            compensation', and `additional compensation' (as such terms are
            defined by section 205 of the Federal-State Extended
            Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note)).''.

        (b) Report.--Not later than 3 years after the date of enactment of
    this Act, the Secretary of Labor shall submit to Congress a report to
    describe promising interventions used by States to provide reemployment
    assistance.
        (c) Adjustment to Discretionary Spending Limits.--Section 251(b)(2)
    of the Balanced Budget and Emergency Deficit Control Act of 1985 (2
    U.S.C. 901(b)(2)) is amended by adding at the end the following:
                        ``(E) Reemployment services and eligibility
                    assessments.--
                              ``(i) In general.--If a bill or joint
                          resolution making appropriations for a fiscal year
                          is enacted that specifies an amount for grants to
                          States under section 306 of the Social Security
                          Act, then the adjustment for that fiscal year
                          shall be the additional new budget authority
                          provided in that Act for such grants for that
                          fiscal year, but shall not exceed--
                                        ``(I) for fiscal year 2018, $0;
                                        ``(II) for fiscal year 2019,
                                    $33,000,000;
                                        ``(III) for fiscal year 2020,
                                    $58,000,000; and
                                        ``(IV) for fiscal year 2021,
                                    $83,000,000.
                              ``(ii) Definition.--As used in this
                          subparagraph, the term `additional new budget
                          authority' means the amount provided for a fiscal
                          year, in excess of $117,000,000, in an
                          appropriation Act and specified to pay for grants
                          to States under section 306 of the Social Security
                          Act.''.

        (d) Other Budgetary Adjustments.--Section 314 of the Congressional
    Budget Act of 1974 (2 U.S.C. 645) is amended by adding at the end the
    following:
        ``(g) Adjustment for Reemployment Services and Eligibility
    Assessments.--
                ``(1) In general.--
                        ``(A) Adjustments.--If the Committee on
                    Appropriations of either House reports an appropriation
                    measure for any of fiscal years 2022 through 2027 that
                    provides budget authority for grants under section 306
                    of the Social

    [[Page 132 STAT. 132]]

                    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. <<NOTE: 31 USC 3101 note. Time period.>>  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) <<NOTE: Effective date.>>  Special Rule Relating to Obligations
    Issued During Extension Period.--Effective on March 2, 2019, the
    limitation

    [[Page 132 STAT. 133]]

    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) <<NOTE: Recommenda- tions.>>  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.--

    [[Page 132 STAT. 134]]

                              (i) <<NOTE: Deadline.>>  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) <<NOTE: Public information. Web
                                    posting.>>  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) <<NOTE: Records.>>  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.--

    [[Page 132 STAT. 135]]

                        (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. <<NOTE: Deadline.>>  The co-chairs
                    shall be appointed not later than 14 calendar days after
                    the date of enactment of this Act.
                        (D) <<NOTE: Deadline.>>  Date.--Members of the joint
                    committee shall be appointed not later than 14 calendar
                    days after the date of enactment of this Act.
                        (E) <<NOTE: Deadline.>>  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) <<NOTE: Time periods.>>  General authority.--For
                    purposes of enabling the joint committee to exercise its
                    powers, functions, and duties under this subtitle, and
                    consistent with the Standing Rules of the Senate, there
                    is authorized from the date of enactment of this Act
                    through February 28, 2019, $500,000 to be allocated--
                              (i) in total during the period October 1, 2017
                          through September 30, 2018; and
                              (ii) any remaining amounts shall be carried
                          forward for the period October 1, 2018 through
                          February 28, 2019.
                        (B) Expenses.--Expenses of the joint committee shall
                    be paid from the contingent fund of the Senate upon
                    vouchers approved by the co-chairs, subject to the rules
                    and regulations of the Senate.
                        (C) Quorum.--Nine members of the joint committee
                    shall constitute a quorum for purposes of voting and

    [[Page 132 STAT. 136]]

                    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) <<NOTE: Deadlines.>>  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) <<NOTE: Time period.>>
                                    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) <<NOTE: Time period.>>
                                    Written statement.--A witness appearing
                                    before the joint committee shall file a
                                    written statement of proposed testimony
                                    at least 2 calendar days before the
                                    appearance of the witness, unless the
                                    requirement is waived by the co-chairs,
                                    following their determination that there
                                    is good cause for failure to comply with
                                    such requirement.
                        (G) Minimum number of public meetings and
                    hearings.--The joint committee shall hold--
                              (i) not less than a total of 5 public meetings
                          or public hearings; and
                              (ii) not less than 3 public hearings, which
                          may include field hearings.
                        (H) Technical assistance.--Upon written request of
                    the co-chairs, a Federal agency, including legislative
                    branch agencies, shall provide technical assistance to
                    the joint committee in order for the joint committee to
                    carry out its duties.
                        (I) Staffing.--
                              (i) Details.--Employees of the legislative
                          branch may be detailed to the joint committee on a
                          nonreimbursable basis, consistent with the rules
                          and regulations of the Senate.

    [[Page 132 STAT. 137]]

                              (ii) Staff director.--The co-chairs, acting
                          jointly, may designate one such employee as staff
                          director of the joint committee.

        (c) Ethical Standards.--Members on the joint committee who serve in
    the House of Representatives shall be governed by the ethics rules and
    requirements of the House. Members of the Senate who serve on the joint
    committee shall comply with the ethics rules of the Senate.
        (d) Termination.--The joint committee shall terminate on December
    31, 2018 or 30 days after submission of its report and legislative
    recommendations pursuant to this section whichever occurs first.
    SEC. 30423. FUNDING.

        (a) Special Reserve.--To enable the joint committee to exercise its
    powers, functions, and duties under this subtitle, within the funds in
    the account for ``Expenses of Inquiries and Investigations'' of the
    Senate, not more than $500,000 shall be allocated from the special
    reserve established in S. Res. 62, agreed to February 28, 2017 (115th
    Congress), for use by the joint committee.
        (b) Expiration.--None of the funds made available by this section
    may be available for obligation by the joint committee after January 2,
    2019.
        (c) Availability Requirements.--For purposes of the joint committee,
    section 20(b) of S. Res. 62, agreed to February 28, 2017 (115th
    Congress), shall not apply.
    SEC. 30424. CONSIDERATION OF JOINT COMMITTEE BILL IN THE SENATE.

        (a) Introduction.--Upon receipt of proposed legislative language
    approved in accordance with section 30422(b)(2)(B)(ii), the language
    shall be introduced in the Senate (by request) on the next day on which
    the Senate is in session by the Majority Leader of the Senate or by a
    Member of the Senate designated by the Majority Leader of the Senate.
        (b) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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.

    [[Page 132 STAT. 138]]

                (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) <<NOTE: Definition.>>  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''.

    [[Page 132 STAT. 139]]

        (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) <<NOTE: Public information. Web
                                    posting.>>  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) <<NOTE: Time period.>>  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

    [[Page 132 STAT. 140]]

                          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. <<NOTE: Deadline.>>  The co-chairs
                    shall be appointed not later than 14 calendar days after
                    the date of enactment of this Act.
                        (D) <<NOTE: Deadline.>>  Date.--Members of the joint
                    committee shall be appointed not later than 14 calendar
                    days after the date of enactment of this Act.
                        (E) <<NOTE: Deadline.>>  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) <<NOTE: Time periods.>>  General authority.--For
                    purposes of enabling the joint committee to exercise its
                    powers, functions, and duties under this subtitle, and
                    consistent with the Standing Rules of the Senate, there
                    is authorized from the date of enactment of this Act
                    through February 28, 2019, $500,000 to be allocated--

    [[Page 132 STAT. 141]]

                              (i) in total during the period October 1, 2017
                          through September 30, 2018; and
                              (ii) any remaining amounts shall be carried
                          forward for the period October 1, 2018 through
                          February 28, 2019.
                        (B) Expenses.--Expenses of the joint committee shall
                    be paid from the contingent fund of the Senate upon
                    vouchers approved by the co-chairs, subject to the rules
                    and regulations of the Senate.
                        (C) Quorum.--Nine members of the joint committee
                    shall constitute a quorum for purposes of voting and
                    meeting, and 5 members of the joint committee shall
                    constitute a quorum for holding hearings.
                        (D) Voting.--No proxy voting shall be allowed on
                    behalf of the members of the joint committee.
                        (E) Meetings.--
                              (i) <<NOTE: Deadline.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Time periods.>>  Hearing
                          procedures and responsibilities of co-chairs.--
                                        (I) <<NOTE: Public information.>>
                                    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.

    [[Page 132 STAT. 142]]

                        (H) Technical assistance.--Upon written request of
                    the co-chairs, a Federal agency, including legislative
                    branch agencies, shall provide technical assistance to
                    the joint committee in order for the joint committee to
                    carry out its duties.
                        (I) Staffing.--
                              (i) Details.--Employees of the legislative
                          branch may be detailed to the joint committee on a
                          nonreimbursable basis, consistent with the rules
                          and regulations of the Senate.
                              (ii) Staff director.--The co-chairs, acting
                          jointly, may designate one such employee as staff
                          director of the joint committee.

        (c) Ethical Standards.--Members on the joint committee who serve in
    the House of Representatives shall be governed by the ethics rules and
    requirements of the House. Members of the Senate who serve on the joint
    committee shall comply with the ethics rules of the Senate.
        (d) Termination.--The joint committee shall terminate on December
    31, 2018 or 30 days after submission of its report and legislative
    recommendations pursuant to this section whichever occurs first.
    SEC. 30443. FUNDING.

        (a) Special Reserve.--To enable the joint committee to exercise its
    powers, functions, and duties under this subtitle, within the funds in
    the account for ``Expenses of Inquiries and Investigations'' of the
    Senate, not more than $500,000 shall be allocated from the special
    reserve established in S. Res. 62, agreed to February 28, 2017 (115th
    Congress), for use by the joint committee.
        (b) Expiration.--None of the funds made available by this section
    may be available for obligation by the joint committee after January 2,
    2019.
        (c) Availability Requirements.--For purposes of the joint committee,
    section 20(b) of S. Res. 62, agreed to February 28, 2017 (115th
    Congress), shall not apply.
    SEC. 30444. CONSIDERATION OF JOINT COMMITTEE BILL IN THE SENATE.

        (a) Introduction.--Upon receipt of proposed legislative language
    approved in accordance with section 30442(b)(2)(B)(ii), the language
    shall be introduced in the Senate (by request) on the next day on which
    the Senate is in session by the Majority Leader of the Senate or by a
    Member of the Senate designated by the Majority Leader of the Senate.
        (b) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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

    [[Page 132 STAT. 143]]

            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) <<NOTE: Time period.>>  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. <<NOTE: Waiver.>>  All points of order against the
            motion to proceed to the joint committee bill are waived. A
            motion to reconsider the vote by which the motion is agreed to
            or disagreed to shall not be in order.
                (5) Deadline.--Not later than the last day of the 115th
            Congress, the Senate shall vote on a motion to proceed to the
            joint committee bill.

        (d) Rules of Senate.--This section is enacted by Congress--
                (1) as an exercise of the rulemaking power of the Senate,
            and as such is deemed a part of the rules of the Senate, but
            applicable only with respect to the procedure to be followed in
            the Senate in the case of a joint committee bill, and supersede
            other rules only to the extent that they are inconsistent with
            such rules; and
                (2) with full recognition of the constitutional right of the
            Senate to change the rules (so far as relating to the procedure
            of the Senate) at any time, in the same manner, and to the same
            extent as in the case of any other rule of the Senate.

                          DIVISION D--REVENUE MEASURES

    SECTION 40001. TABLE OF CONTENTS.

        The table of contents for this division is as follows:

                          DIVISION D--REVENUE MEASURES

    Sec. 40001. Table of contents.

                    TITLE I--EXTENSION OF EXPIRING PROVISIONS

    Sec. 40101. Amendment of Internal Revenue Code of 1986.

               Subtitle A--Tax Relief for Families and Individuals

    Sec. 40201. Extension of exclusion from gross income of discharge of
               qualified principal residence indebtedness.
    Sec. 40202. Extension of mortgage insurance premiums treated as
               qualified residence interest.
    Sec. 40203. Extension of above-the-line deduction for qualified tuition
               and related expenses.

    [[Page 132 STAT. 144]]

       Subtitle B--Incentives for Growth, Jobs, Investment, and Innovation

    Sec. 40301. Extension of Indian employment tax credit.
    Sec. 40302. Extension of railroad track maintenance credit.
    Sec. 40303. Extension of mine rescue team training credit.
    Sec. 40304. Extension of classification of certain race horses as 3-year
               property.
    Sec. 40305. Extension of 7-year recovery period for motorsports
               entertainment complexes.
    Sec. 40306. Extension of accelerated depreciation for business property
               on an Indian reservation.
    Sec. 40307. Extension of election to expense mine safety equipment.
    Sec. 40308. Extension of special expensing rules for certain
               productions.
    Sec. 40309. Extension of deduction allowable with respect to income
               attributable to domestic production activities in Puerto
               Rico.
    Sec. 40310. Extension of special rule relating to qualified timber gain.
    Sec. 40311. Extension of empowerment zone tax incentives.
    Sec. 40312. Extension of American Samoa economic development credit.

          Subtitle C--Incentives for Energy Production and Conservation

    Sec. 40401. Extension of credit for nonbusiness energy property.
    Sec. 40402. Extension and modification of credit for residential energy
               property.
    Sec. 40403. Extension of credit for new qualified fuel cell motor
               vehicles.
    Sec. 40404. Extension of credit for alternative fuel vehicle refueling
               property.
    Sec. 40405. Extension of credit for 2-wheeled plug-in electric vehicles.
    Sec. 40406. Extension of second generation biofuel producer credit.
    Sec. 40407. Extension of biodiesel and renewable diesel incentives.
    Sec. 40408. Extension of production credit for Indian coal facilities.
    Sec. 40409. Extension of credits with respect to facilities producing
               energy from certain renewable resources.
    Sec. 40410. Extension of credit for energy-efficient new homes.
    Sec. 40411. Extension and phaseout of energy credit.
    Sec. 40412. Extension of special allowance for second generation biofuel
               plant property.
    Sec. 40413. Extension of energy efficient commercial buildings
               deduction.
    Sec. 40414. Extension of special rule for sales or dispositions to
               implement FERC or State electric restructuring policy for
               qualified electric utilities.
    Sec. 40415. Extension of excise tax credits relating to alternative
               fuels.
    Sec. 40416. Extension of Oil Spill Liability Trust Fund financing rate.

                 Subtitle D--Modifications of Energy Incentives

    Sec. 40501. Modifications of credit for production from advanced nuclear
               power facilities.

                       TITLE II--MISCELLANEOUS PROVISIONS

    Sec. 41101. Amendment of Internal Revenue Code of 1986.
    Sec. 41102. Modifications to rum cover over.
    Sec. 41103. Extension of waiver of limitations with respect to excluding
               from gross income amounts received by wrongfully incarcerated
               individuals.
    Sec. 41104. Individuals held harmless on improper levy on retirement
               plans.
    Sec. 41105. Modification of user fee requirements for installment
               agreements.
    Sec. 41106. Form 1040SR for seniors.
    Sec. 41107. Attorneys fees relating to awards to whistleblowers.
    Sec. 41108. Clarification of whistleblower awards.
    Sec. 41109. Clarification regarding excise tax based on investment
               income of private colleges and universities.
    Sec. 41110. Exception from private foundation excess business holding
               tax for independently-operated philanthropic business
               holdings.
    Sec. 41111. Rule of construction for Craft Beverage Modernization and
               Tax Reform.
    Sec. 41112. Simplification of rules regarding records, statements, and
               returns.
    Sec. 41113. Modification of rules governing hardship distributions.
    Sec. 41114. Modification of rules relating to hardship withdrawals from
               cash or deferred arrangements.
    Sec. 41115. Opportunity Zones rule for Puerto Rico.
    Sec. 41116. Tax home of certain citizens or residents of the United
               States living abroad.
    Sec. 41117. Treatment of foreign persons for returns relating to
               payments made in settlement of payment card and third party
               network transactions.
    Sec. 41118. Repeal of shift in time of payment of corporate estimated
               taxes.
    Sec. 41119. Enhancement of carbon dioxide sequestration credit.

    [[Page 132 STAT. 145]]

    TITLE I--EXTENSION OF <<NOTE: Applicability.>>  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) <<NOTE: 26 USC 108.>>  is
    amended by striking ``January 1, 2017'' each place it appears and
    inserting ``January 1, 2018''.

        (b) <<NOTE: 26 USC 108 note.>>  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) <<NOTE: 26 USC 163 note.>>  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) <<NOTE: 26 USC 222 note.>>  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) <<NOTE: 26 USC 45A note.>>  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) <<NOTE: 26 USC 45G note.>>  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.

    [[Page 132 STAT. 146]]

                (2) <<NOTE: Time period. Deadline.>>  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) <<NOTE: 26 USC 45N.>>  is amended by
    striking ``December 31, 2016'' and inserting ``December 31, 2017''.

        (b) <<NOTE: 26 USC 45N note.>>  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) <<NOTE: 26 USC 168 note.>>  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) <<NOTE: 26 USC 168 note.>>  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) <<NOTE: 26 USC 168 note.>>  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) <<NOTE: 26 USC 179E note.>>  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) <<NOTE: 26 USC 181 note.>>  Effective Date.--The amendment made
    by this section shall apply to productions commencing after December 31,
    2016.
    SEC. 40309. <<NOTE: 26 USC 199 note.>>  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--

    [[Page 132 STAT. 147]]

                (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. <<NOTE: 26 USC 1201 note.>>  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) <<NOTE: 26 USC
            1391.>>  is amended by striking ``December 31, 2016'' and
            inserting ``December 31, 2017''.
                (2) <<NOTE: 26 USC 1391 note.>>  Treatment of certain
            termination dates specified in nominations.--In the case of a
            designation of an empowerment zone the nomination for which
            included a termination date which is contemporaneous with the
            date specified in subparagraph (A)(i) of section 1391(d)(1) of
            the Internal Revenue Code of 1986 (as in effect before the
            enactment of this Act), subparagraph (B) of such section shall
            not apply with respect to such designation if, after the date of
            the enactment of this section, the entity which made such
            nomination amends the nomination to provide for a new
            termination date in such manner as the Secretary of the Treasury
            (or the Secretary's designee) may provide.

        (b) <<NOTE: 26 USC 1391 note.>>  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 <<NOTE: 26 USC 30A note.>>  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) <<NOTE: 26 USC 30A note.>>  Effective Date.--The amendments made
    by this section shall apply to taxable years beginning after December
    31, 2016.

    [[Page 132 STAT. 148]]

          Subtitle C--Incentives for Energy Production and Conservation

    SEC. 40401. EXTENSION OF CREDIT FOR NONBUSINESS ENERGY PROPERTY.

        (a) In General.--Section 25C(g)(2) <<NOTE: 26 USC 25C.>>  is amended
    by striking ``December 31, 2016'' and inserting ``December 31, 2017''.

        (b) <<NOTE: 26 USC 25C note.>>  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) <<NOTE: 26 USC 25D note.>>  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) <<NOTE: 26 USC 30B note.>>  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) <<NOTE: 26 USC 30C note.>>  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) <<NOTE: 26 USC 30D note.>>  Effective Date.--The amendment made
    by this section shall apply to vehicles acquired after December 31,
    2016.

    [[Page 132 STAT. 149]]

    SEC. 40406. EXTENSION OF SECOND GENERATION BIOFUEL PRODUCER
                                CREDIT.

        (a) In General.--Section 40(b)(6)(J)(i) <<NOTE: 26 USC 40.>>  is
    amended by striking ``January 1, 2017'' and inserting ``January 1,
    2018''.

        (b) <<NOTE: 26 USC 40 note.>>  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) <<NOTE: 26 USC 40A note.>>  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) <<NOTE: 26 USC 6426 note.>>  Effective date.--The
            amendments made by this subsection shall apply to fuel sold or
            used after December 31, 2016.
                (4) <<NOTE: Time periods. Deadlines. 26 USC 6426 note.>>
            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 <<NOTE: Guidance. Claims.>>  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) <<NOTE: 26 USC 45 note.>>  Effective Date.--The amendment made
    by this section shall apply to coal produced after December 31, 2016.

    [[Page 132 STAT. 150]]

    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) <<NOTE: 26 USC 45.>>  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) <<NOTE: 26 USC 45 note.>>  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) <<NOTE: 26 USC 45L note.>>  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) <<NOTE: Time periods.>>  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

    [[Page 132 STAT. 151]]

                    percentage determined under paragraph (2) shall be equal
                    to 0 percent.''.
                (2) Conforming amendment.--Section 48(a)(2)(A) <<NOTE: 26
            USC 48.>>  is amended by striking ``paragraph (6)'' and
            inserting ``paragraphs (6) and (7)''.
                (3) Clarification relating to phaseout for wind
            facilities.--Section 48(a)(5)(E) is amended by inserting ``which
            is treated as energy property by reason of this paragraph''
            after ``using wind to produce electricity''.

        (c) Extension of Qualified Fuel Cell Property.--Section 48(c)(1)(D)
    is amended by striking ``for any period after December 31, 2016'' and
    inserting ``the construction of which does not begin before January 1,
    2022''.
        (d) Extension of Qualified Microturbine Property.--Section
    48(c)(2)(D) is amended by striking ``for any period after December 31,
    2016'' and inserting ``the construction of which does not begin before
    January 1, 2022''.
        (e) Extension of Combined Heat and Power System Property.--Section
    48(c)(3)(A)(iv) is amended by striking ``which is placed in service
    before January 1, 2017'' and inserting ``the construction of which
    begins before January 1, 2022''.
        (f) Extension of Qualified Small Wind Energy Property.--Section
    48(c)(4)(C) is amended by striking ``for any period after December 31,
    2016'' and inserting ``the construction of which does not begin before
    January 1, 2022''.
        (g) <<NOTE: 26 USC 48 note.>>  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) <<NOTE: 26 USC 168 note.>>  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) <<NOTE: 26 USC 179D note.>>  Effective Date.--The amendment made
    by this section shall apply to property placed in service after December
    31, 2016.

    [[Page 132 STAT. 152]]

    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, <<NOTE: 26 USC 451.>>  is amended by striking
    ``January 1, 2017'' and inserting ``January 1, 2018''.

        (b) <<NOTE: 26 USC 451 note.>>  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) <<NOTE: 26 USC 6426 note.>>  Effective date.--The
            amendments made by this subsection shall apply to fuel sold or
            used after December 31, 2016.

        (b) <<NOTE: Time periods. Deadlines. 26 USC 6426 note.>>  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 <<NOTE: Guidance. Claims.>>  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) <<NOTE: 26 USC 4611 note.>>  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.

    [[Page 132 STAT. 153]]

                 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) <<NOTE: 26 USC 45J.>>  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 <<NOTE: Definition.>>  `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

    [[Page 132 STAT. 154]]

            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) <<NOTE: 26
            USC 501.>>  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) <<NOTE: 26 USC 45J note.>>  Effective Dates.--

    [[Page 132 STAT. 155]]

                (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 <<NOTE: Applicability.>>  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) <<NOTE: 26 USC 7652.>>
            is amended by striking ``January 1, 2017'' and inserting
            ``January 1, 2022''.
                (2) <<NOTE: 26 USC 7652 note.>>  Effective date.--The
            amendment made by this subsection shall apply to distilled
            spirits brought into the United States after December 31, 2016.

        (b) Determination of Taxes on Rum.--
                (1) In general.--Section 7652(e) is amended by adding at the
            end the following new paragraph:
                ``(5) Determination of amount of taxes collected.--For
            purposes of this subsection, the amount of taxes collected under
            section 5001(a)(1) shall be determined without regard to section
            5001(c).''.
                (2) <<NOTE: 26 USC 7652 note.>>  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) <<NOTE: 26 USC 139F note.>>  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) <<NOTE: Determination.>>  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--

    [[Page 132 STAT. 156]]

                        ``(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

    [[Page 132 STAT. 157]]

            plan to which a rollover contribution of a distribution from the
            plan levied upon is permitted.''.

        (b) <<NOTE: 26 USC 6343 note.>>  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 <<NOTE: 26 USC 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) <<NOTE: 26 USC 6159 note.>>  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. <<NOTE: 26 USC 7805 note.>>  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.

    [[Page 132 STAT. 158]]

        (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) <<NOTE: 26 USC
    62.>>  is amended to read as follows:
                ``(21) Attorneys' fees relating to awards to
            whistleblowers.--
                        ``(A) In general.--Any deduction allowable under
                    this chapter for attorney fees and court costs paid by,
                    or on behalf of, the taxpayer in connection with any
                    award under--
                              ``(i) section 7623(b), or
                              ``(ii) in the case of taxable years beginning
                          after December 31, 2017, any action brought
                          under--
                                        ``(I) section 21F of the Securities
                                    Exchange Act of 1934 (15 U.S.C. 78u-6),
                                        ``(II) a State false claims act,
                                    including a State false claims act with
                                    qui tam provisions, or
                                        ``(III) section 23 of the Commodity
                                    Exchange Act (7 U.S.C. 26).
                        ``(B) May not exceed award.--Subparagraph (A) shall
                    not apply to any deduction in excess of the amount
                    includible in the taxpayer's gross income for the
                    taxable year on account of such award.''.

        (b) <<NOTE: 26 USC 62 note.>>  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) <<NOTE: 26 USC 7623 note.>>  Effective Date.--The amendments
    made by this section shall apply to information provided before, on, or
    after the date

    [[Page 132 STAT. 159]]

    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, <<NOTE: 26 USC 4968.>>  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) <<NOTE: 26 USC 4968 note.>>  Effective Date.--The amendments
    made by this section shall apply to taxable years beginning after
    December 31, 2017.
    SEC. 41110. EXCEPTION FROM PRIVATE FOUNDATION EXCESS BUSINESS
                                HOLDING TAX FOR INDEPENDENTLY-OPERATED
                                PHILANTHROPIC BUSINESS HOLDINGS.

        (a) In General.--Section 4943 is amended by adding at the end the
    following new subsection:
        ``(g) Exception for Certain Holdings Limited to Independently-
    operated Philanthropic Business.--
                ``(1) In general.--Subsection (a) shall not apply with
            respect to the holdings of a private foundation in any business
            enterprise which meets the requirements of paragraphs (2), (3),
            and (4) for the taxable year.
                ``(2) Ownership.--The requirements of this paragraph are met
            if--
                        ``(A) 100 percent of the voting stock in the
                    business enterprise is held by the private foundation at
                    all times during the taxable year, and
                        ``(B) all the private foundation's ownership
                    interests in the business enterprise were acquired by
                    means other than by purchase.
                ``(3) All profits to charity.--
                        ``(A) In general.--The requirements of this
                    paragraph are met if the business enterprise, not later
                    than 120 days after the close of the taxable year,
                    distributes an amount equal to its net operating income
                    for such taxable year to the private foundation.
                        ``(B) Net operating income.--For purposes of this
                    paragraph, the net operating income of any business
                    enterprise for any taxable year is an amount equal to
                    the gross income of the business enterprise for the
                    taxable year, reduced by the sum of--
                              ``(i) the deductions allowed by chapter 1 for
                          the taxable year which are directly connected with
                          the production of such income,
                              ``(ii) the tax imposed by chapter 1 on the
                          business enterprise for the taxable year, and
                              ``(iii) an amount for a reasonable reserve for
                          working capital and other business needs of the
                          business enterprise.
                ``(4) Independent operation.--The requirements of this
            paragraph are met if, at all times during the taxable year--
                        ``(A) no substantial contributor (as defined in
                    section 4958(c)(3)(C)) to the private foundation or
                    family member

    [[Page 132 STAT. 160]]

                    (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) <<NOTE: 26 USC 4943 note.>>  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. <<NOTE: 26 USC 263A note.>>  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) <<NOTE: 26 USC 263A note.>>  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) <<NOTE: Time period.>>  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) <<NOTE: 26 USC 5555 note.>>  Effective Date.--The amendment made
    by this section shall apply to calendar quarters beginning after the
    date of the enactment of this Act.

    [[Page 132 STAT. 161]]

    SEC. 41113. <<NOTE: 26 USC 401 note.>>  MODIFICATION OF RULES
                                GOVERNING HARDSHIP DISTRIBUTIONS.

        (a) <<NOTE: Deadline.>>  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) <<NOTE: 26 USC 401.>>  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) <<NOTE: 26 USC 401 note.>>  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) <<NOTE: Certification. Effective date.>>  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

    [[Page 132 STAT. 162]]

    as a combat zone for purposes of section 112 in support of the Armed
    Forces of the United States''.
        (b) <<NOTE: 26 USC 911 note.>>  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) <<NOTE: 26 USC 6050W.>>  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) <<NOTE: 26 USC 6050W note.>>  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 <<NOTE: 26 USC 6655 note.>>  (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) <<NOTE: Time period.>>  the applicable dollar amount
            (as determined under subsection (b)(1)) per metric ton of
            qualified carbon oxide which is--

    [[Page 132 STAT. 163]]

                        ``(A) captured by the taxpayer using carbon capture
                    equipment which is originally placed in service at a
                    qualified facility on or after the date of the enactment
                    of the Bipartisan Budget Act of 2018, during the 12-year
                    period beginning on the date the equipment was
                    originally placed in service, and
                        ``(B) disposed of by the taxpayer in secure
                    geological storage and not used by the taxpayer as
                    described in paragraph (4)(B), and
                ``(4) the applicable dollar amount (as determined under
            subsection (b)(1)) per metric ton of qualified carbon oxide
            which is--
                        ``(A) captured by the taxpayer using carbon capture
                    equipment which is originally placed in service at a
                    qualified facility on or after the date of the enactment
                    of the Bipartisan Budget Act of 2018, during the 12-year
                    period beginning on the date the equipment was
                    originally placed in service, and
                        ``(B)(i) used by the taxpayer as a tertiary
                    injectant in a qualified enhanced oil or natural gas
                    recovery project and disposed of by the taxpayer in
                    secure geological storage, or
                        ``(ii) utilized by the taxpayer in a manner
                    described in subsection (f)(5).

        ``(b) <<NOTE: Time periods.>>  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.

    [[Page 132 STAT. 164]]

                ``(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) <<NOTE: Definition.>>  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

    [[Page 132 STAT. 165]]

                        ``(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) <<NOTE: Definition.>>  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) <<NOTE: Definition.>>  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

    [[Page 132 STAT. 166]]

            account.-- <<NOTE: Applicability.>> 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) <<NOTE: Consultation.>>  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) <<NOTE: Definition.>>  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,

    [[Page 132 STAT. 167]]

                              ``(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) <<NOTE: Determination. Consultation.>>
                          In general.--For purposes of determining the
                          amount of qualified carbon oxide utilized by the
                          taxpayer under paragraph (2)(B)(ii) or (4)(B)(ii)
                          of subsection (a), such amount shall be equal to
                          the metric tons of qualified carbon oxide which
                          the taxpayer demonstrates, based upon an analysis
                          of lifecycle greenhouse gas emissions and subject
                          to such requirements as the Secretary, in
                          consultation with the Secretary of Energy and the
                          Administrator of the Environmental Protection
                          Agency, determines appropriate, were--
                                        ``(I) captured and permanently
                                    isolated from the atmosphere, or
                                        ``(II) displaced from being emitted
                                    into the atmosphere,
                          through use of a process described in subparagraph
                          (A).
                              ``(ii) <<NOTE: Definition.>>  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) <<NOTE: Definition.>>  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

    [[Page 132 STAT. 168]]

            (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.--
    <<NOTE: Consultation. Certification. Time period.>> 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) <<NOTE: Determination.>>  determine whether a facility
            satisfies the requirements under subsection (d)(1) during such
            taxable year.''.

        (b) Effective Date.-- <<NOTE: Applicability. 26 USC 45Q note.>> The
    amendment made by this section shall apply to taxable years beginning
    after December 31, 2017.

       DIVISION E-- <<NOTE: Advancing Chronic Care, Extenders, and Social
    Services (ACCESS) Act.>> HEALTH AND HUMAN SERVICES EXTENDERS
    SEC. 50100. SHORT TITLE; TABLE OF CONTENTS.

        (a) <<NOTE: 42 USC 1305 note.>>  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.

    [[Page 132 STAT. 169]]

    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.

    [[Page 132 STAT. 170]]

    Sec. 50503. Extension for personal responsibility education.

           TITLE VI--CHILD AND FAMILY SERVICES AND SUPPORTS EXTENDERS

     Subtitle A--Continuing the Maternal, Infant, and Early Childhood Home
                                Visiting Program

    Sec. 50601. Continuing evidence-based home visiting program.
    Sec. 50602. Continuing to demonstrate results to help families.
    Sec. 50603. Reviewing statewide needs to target resources.
    Sec. 50604. Improving the likelihood of success in high-risk
               communities.
    Sec. 50605. Option to fund evidence-based home visiting on a pay for
               outcome basis.
    Sec. 50606. Data exchange standards for improved interoperability.
    Sec. 50607. Allocation of funds.

      Subtitle B--Extension of Health Professions Workforce Demonstration
                                    Projects

    Sec. 50611. Extension of health workforce demonstration projects for
               low-income individuals.

                 TITLE VII--FAMILY FIRST PREVENTION SERVICES ACT

           Subtitle A--Investing in Prevention and Supporting Families

    Sec. 50701. Short title.
    Sec. 50702. Purpose.

                 PART I--Prevention Activities Under Title IV-E

    Sec. 50711. Foster care prevention services and programs.
    Sec. 50712. Foster care maintenance payments for children with parents
               in a licensed residential family-based treatment facility for
               substance abuse.
    Sec. 50713. Title IV-E payments for evidence-based kinship navigator
               programs.

                   PART II--Enhanced Support Under Title IV-B

    Sec. 50721. Elimination of time limit for family reunification services
               while in foster care and permitting time-limited family
               reunification services when a child returns home from foster
               care.
    Sec. 50722. Reducing bureaucracy and unnecessary delays when placing
               children in homes across State lines.
    Sec. 50723. Enhancements to grants to improve well-being of families
               affected by substance abuse.

                             PART III--Miscellaneous

    Sec. 50731. Reviewing and improving licensing standards for placement in
               a relative foster family home.
    Sec. 50732. Development of a statewide plan to prevent child abuse and
               neglect fatalities.
    Sec. 50733. Modernizing the title and purpose of title IV-E.
    Sec. 50734. Effective dates.

     PART IV--Ensuring the Necessity of a Placement That Is Not in a Foster
                                   Family Home

    Sec. 50741. Limitation on Federal financial participation for placements
               that are not in foster family homes.
    Sec. 50742. Assessment and documentation of the need for placement in a
               qualified residential treatment program.
    Sec. 50743. Protocols to prevent inappropriate diagnoses.
    Sec. 50744. Additional data and reports regarding children placed in a
               setting that is not a foster family home.
    Sec. 50745. Criminal records checks and checks of child abuse and
               neglect registries for adults working in child-care
               institutions and other group care settings.
    Sec. 50746. Effective dates; application to waivers.

            PART V--Continuing Support for Child and Family Services

    Sec. 50751. Supporting and retaining foster families for children.
    Sec. 50752. Extension of child and family services programs.
    Sec. 50753. Improvements to the John H. Chafee foster care independence
               program and related provisions.

     PART VI--Continuing Incentives to States to Promote Adoption and Legal
                                  Guardianship

    Sec. 50761. Reauthorizing adoption and legal guardianship incentive
               programs.

    [[Page 132 STAT. 171]]

                         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.

    [[Page 132 STAT. 172]]

                                  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) <<NOTE: Computations. States.>> For fiscal year
            2027.--
                        ``(A) First half.--Subject to paragraphs (5) and
                    (7), from the amount made available under subparagraph
                    (A)

    [[Page 132 STAT. 173]]

                    of paragraph (28) of subsection (a) for the semi-annual
                    period described in such subparagraph, increased by the
                    amount of the appropriation for such period under
                    section 50101(b)(2) of the Advancing Chronic Care,
                    Extenders, and Social Services Act, the Secretary shall
                    compute a State allotment for each State (including the
                    District of Columbia and each commonwealth and
                    territory) for such semi-annual period in an amount
                    equal to the first half ratio (described in subparagraph
                    (D)) of the amount described in subparagraph (C).
                        ``(B) Second half.--Subject to paragraphs (5) and
                    (7), from the amount made available under subparagraph
                    (B) of paragraph (28) of subsection (a) for the semi-
                    annual period described in such subparagraph, the
                    Secretary shall compute a State allotment for each State
                    (including the District of Columbia and each
                    commonwealth and territory) for such semi-annual period
                    in an amount equal to the amount made available under
                    such subparagraph, multiplied by the ratio of--
                              ``(i) the amount of the allotment to such
                          State under subparagraph (A); to
                              ``(ii) the total of the amount of all of the
                          allotments made available under such subparagraph.
                        ``(C) Full year amount based on rebased amount.--The
                    amount described in this subparagraph for a State is
                    equal to the Federal payments to the State that are
                    attributable to (and countable towards) the total amount
                    of allotments available under this section to the State
                    in fiscal year 2026 (including payments made to the
                    State under subsection (n) for fiscal year 2026 as well
                    as amounts redistributed to the State in fiscal year
                    2026), multiplied by the allotment increase factor under
                    paragraph (6) for fiscal year 2027.
                        ``(D) First half ratio.--The first half ratio
                    described in this subparagraph is the ratio of--
                              ``(i) the sum of--
                                        ``(I) the amount made available
                                    under subsection (a)(28)(A); and
                                        ``(II) the amount of the
                                    appropriation for such period under
                                    section 50101(b)(2) of the Advancing
                                    Chronic Care, Extenders, and Social
                                    Services Act; to
                              ``(ii) the sum of--
                                        ``(I) the amount described in clause
                                    (i); and
                                        ``(II) the amount made available
                                    under subsection (a)(28)(B).''.
                (2) One-time appropriation for fiscal year 2027.--There is
            appropriated to the Secretary of Health and Human Services, out
            of any money in the Treasury not otherwise appropriated, such
            sums as are necessary to fund allotments to States under
            subsections (c) and (m) of section 2104 of the Social Security
            Act (42 U.S.C. 1397dd) for fiscal year 2027, taking into account
            the full year amounts calculated for States under paragraph
            (11)(C) of subsection (m) of such section (as added by paragraph
            (1)) and the amounts appropriated under subparagraphs (A) and
            (B) of subsection (a)(28) of such section (as added by
            subsection (a)). Such amount shall accompany the allotment

    [[Page 132 STAT. 174]]

            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

    [[Page 132 STAT. 175]]

                        (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) <<NOTE: Time period.>>  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) <<NOTE: Effective dates.>>  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) <<NOTE: Effective date.>>  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.

    [[Page 132 STAT. 176]]

    SEC. 50103. <<NOTE: Time periods.>>  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:

    [[Page 132 STAT. 177]]

        ``(B) With respect to services furnished during 2018 or a subsequent
    year, in the case of physical therapy services of the type described in
    section 1861(p), speech-language pathology services of the type
    described in such section through the application of section
    1861(ll)(2), and physical therapy services and speech-language pathology
    services of such type which are furnished by a physician or as incident
    to physicians' services, with respect to expenses incurred in any
    calendar year, any amount that is more than the amount specified in
    paragraph (2) for the year shall not be considered as incurred expenses
    for purposes of subsections (a) and (b) unless the applicable
    requirements of paragraph (7) are met.'';
                (2) in paragraph (3)--
                        (A) by striking ``Subject to paragraphs (4) and
                    (5)'' and inserting ``(A) Subject to paragraphs (4) and
                    (5)'';
                        (B) in the subparagraph (A), as inserted and
                    designated by subparagraph (A) of this paragraph, by
                    adding at the end the following new sentence: ``The
                    preceding sentence shall not apply to expenses incurred
                    with respect to services furnished after December 31,
                    2017.''; and
                        (C) by adding at the end the following new
                    subparagraph:.

        ``(B) With respect to services furnished during 2018 or a subsequent
    year, in the case of occupational therapy services (of the type that are
    described in section 1861(p) through the operation of section 1861(g)
    and of such type which are furnished by a physician or as incident to
    physicians' services), with respect to expenses incurred in any calendar
    year, any amount that is more than the amount specified in paragraph (2)
    for the year shall not be considered as incurred expenses for purposes
    of subsections (a) and (b) unless the applicable requirements of
    paragraph (7) are met.'';
                (3) in paragraph (5)--
                        (A) by redesignating subparagraph (D) as paragraph
                    (8) and moving such paragraph to immediately follow
                    paragraph (7), as added by paragraph (4) of this
                    section; and
                        (B) in subparagraph (E)(iv), by inserting ``, except
                    as such process is applied under paragraph (7)(B)''
                    before the period at the end; and
                (4) by adding at the end the following new paragraph:

        ``(7) For purposes of paragraphs (1)(B) and (3)(B), with respect to
    services described in such paragraphs, the requirements described in
    this paragraph are as follows:
                ``(A) Inclusion of appropriate modifier.--The claim for such
            services contains an appropriate modifier (such as the KX
            modifier described in paragraph (5)(B)) indicating that such
            services are medically necessary as justified by appropriate
            documentation in the medical record involved.
                ``(B) Targeted medical review for certain services above
            threshold.--
                        ``(i) In general.--In the case where expenses that
                    would be incurred for such services would exceed the
                    threshold described in clause (ii) for the year, such
                    services shall be subject to the process for medical
                    review implemented under paragraph (5)(E).
                        ``(ii) Threshold.--The threshold under this clause
                    for--

    [[Page 132 STAT. 178]]

                              ``(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) <<NOTE: Time period.>>  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) <<NOTE: Evaluation.>>  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,

    [[Page 132 STAT. 179]]

                          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) <<NOTE: Deadline.>>  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) <<NOTE: Deadlines.>>  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) <<NOTE: Effective date.>>  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

    [[Page 132 STAT. 180]]

                          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) <<NOTE: Time period.>>  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) <<NOTE: Deadline. Assessment. Reports.>>  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) <<NOTE: Analysis.>>  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) <<NOTE: Recommenda-tion.>>
                                    A recommendation as to whether
                                    information should continue to be
                                    submitted through such data collection
                                    system or if such

    [[Page 132 STAT. 181]]

                                     system should be revised under
                                    subparagraph (E)(i).
                                        ``(IV) Other information determined
                                    appropriate by the Commission.
                        ``(G) <<NOTE: Web posting.>>  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) <<NOTE: Notice.>>  Implementation.--The
                    Secretary shall implement this paragraph through notice
                    and comment rulemaking.
                        ``(I) Administration.--Chapter 35 of title 44,
                    United States Code, shall not apply to the collection of
                    information required under this subsection.
                        ``(J) Limitations on review.--There shall be no
                    administrative or judicial review under section 1869,
                    section 1878, or otherwise of the data collection system
                    or identification of respondents under this paragraph.
                        ``(K) Funding for implementation.--For purposes of
                    carrying out subparagraph (A), the Secretary shall
                    provide for the transfer, from the Federal Supplementary
                    Medical Insurance Trust Fund under section 1841, of
                    $15,000,000 to the Centers for Medicare & Medicaid
                    Services Program Management Account for fiscal year
                    2018. Amounts transferred under this subparagraph shall
                    remain available until expended.''.
    SEC. 50204. EXTENSION OF INCREASED INPATIENT HOSPITAL PAYMENT
                                ADJUSTMENT FOR CERTAIN LOW-VOLUME
                                HOSPITALS.

        (a) In General.--Section 1886(d)(12) of the Social Security Act (42
    U.S.C. 1395ww(d)(12)) is amended--
                (1) in subparagraph (B), in the matter preceding clause (i),
            by striking ``fiscal year 2018'' and inserting ``fiscal year
            2023'';
                (2) in subparagraph (C)--
                        (A) in clause (i)--
                              (i) by striking ``through 2017'' the first
                          place it appears and inserting ``through 2022'';
                          and
                              (ii) by striking `` and has less than 800
                          discharges'' and all that follows through the
                          period at the end and inserting the following
                          ``and has--
                                        ``(I) with respect to each of fiscal
                                    years 2005 through 2010, less than 800
                                    discharges during the fiscal year;
                                        ``(II) with respect to each of
                                    fiscal years 2011 through 2018, less
                                    than 1,600 discharges of individuals
                                    entitled to, or enrolled for, benefits
                                    under part A during the fiscal year or
                                    portion of fiscal year;
                                        ``(III) with respect to each of
                                    fiscal years 2019 through 2022, less
                                    than 3,800 discharges during the fiscal
                                    year; and
                                        ``(IV) with respect to fiscal year
                                    2023 and each subsequent fiscal year,
                                    less than 800 discharges during the
                                    fiscal year.''; and
                        (B) in clause (ii)--

    [[Page 132 STAT. 182]]

                              (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) <<NOTE: Time period.>>  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:

    [[Page 132 STAT. 183]]

    ``Subclause <<NOTE: Applicability.>>  (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)). <<NOTE: Analysis.>>  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) <<NOTE: Recommenda- tions.>>  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--

    [[Page 132 STAT. 184]]

                (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) <<NOTE: Effective date.>>  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) <<NOTE: Plan. Contracts.>>  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 <<NOTE: Updates.>>  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) <<NOTE: Estimate. Time period.>>  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.--

    [[Page 132 STAT. 185]]

                (1) In general.--Section 1890(b)(5)(A) of the Social
            Security Act (42 U.S.C. 1395aaa(b)(5)(A)) is amended--
                        (A) by redesignating clauses (i) through (vi) as
                    subclauses (I) through (VI), respectively, and moving
                    the margins accordingly;
                        (B) in the matter preceding subclause (I), as
                    redesignated by subparagraph (A), by striking
                    ``containing a description of--'' and inserting
                    ``containing the following:
                              ``(i) A description of--''; and
                        (C) by adding at the end the following new clauses:
                              ``(ii) An itemization of financial information
                          for the fiscal year ending September 30 of the
                          preceding year, including--
                                        ``(I) annual revenues of the entity
                                    (including any government funding,
                                    private sector contributions, grants,
                                    membership revenues, and investment
                                    revenue);
                                        ``(II) annual expenses of the entity
                                    (including grants paid, benefits paid,
                                    salaries or other compensation,
                                    fundraising expenses, and overhead
                                    costs); and
                                        ``(III) a breakdown of the amount
                                    awarded per contracted task order and
                                    the specific projects funded in each
                                    task order assigned to the entity.
                              ``(iii) Any updates or modifications of
                          internal policies and procedures of the entity as
                          they relate to the duties of the entity under this
                          section, including--
                                        ``(I) specifically identifying any
                                    modifications to the disclosure of
                                    interests and conflicts of interests for
                                    committees, work groups, task forces,
                                    and advisory panels of the entity; and
                                        ``(II) information on external
                                    stakeholder participation in the duties
                                    of the entity under this section
                                    (including complete rosters for all
                                    committees, work groups, task forces,
                                    and advisory panels funded through
                                    government contracts, descriptions of
                                    relevant interests and any conflicts of
                                    interest for members of all committees,
                                    work groups, task forces, and advisory
                                    panels, and the total percentage by
                                    health care sector of all convened
                                    committees, work groups, task forces,
                                    and advisory panels.''.
                (2) <<NOTE: Applicability. 42 USC 1395aaa note.>>  Effective
            date.--The amendments made by this subsection shall apply to
            reports submitted for years beginning with 2019.

        (d) GAO Study and Report.--
                (1) <<NOTE: Contracts.>>  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.

    [[Page 132 STAT. 186]]

                        (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) <<NOTE: Recommenda- tions.>>  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

    [[Page 132 STAT. 187]]

            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.-- <<NOTE: Effective date. Web posting. Grants. 42 USC
    1395b-3 note.>> 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.--

    [[Page 132 STAT. 188]]

                (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) <<NOTE: Determination.>>  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) <<NOTE: Applicability.>>  Rules for determinations.--

    [[Page 132 STAT. 189]]

                        ``(A) No switching.--For purposes of this
                    subsection, the determination by the Secretary as to
                    which subparagraph of paragraph (1) applies to a county
                    (or equivalent area) shall be made a single time and
                    shall apply for the duration of the period to which this
                    subsection applies.
                        ``(B) Utilization.--In determining which counties
                    (or equivalent areas) are in the highest quartile under
                    paragraph (1)(A), the following rules shall apply:
                              ``(i) The Secretary shall use data from 2015.
                              ``(ii) The Secretary shall exclude data from
                          the territories (and the territories shall not be
                          described in such paragraph).
                              ``(iii) The Secretary may exclude data from
                          counties (or equivalent areas) in rural areas with
                          a low volume of home health episodes (and if data
                          is so excluded with respect to a county (or
                          equivalent area), such county (or equivalent area)
                          shall not be described in such paragraph).
                        ``(C) Population density.--In determining population
                    density under paragraph (1)(B), the Secretary shall use
                    data from the 2010 decennial Census.
                ``(3) Limitations on review.--There shall be no
            administrative or judicial review under section 1869, section
            1878, or otherwise of determinations under paragraph (1).''.
                (2) Requirement to submit county data on claim form.--
            Section 1895(c) of the Social Security Act (42 U.S.C.
            1395fff(c)) is amended--
                        (A) in paragraph (1), by striking ``and'' at the
                    end;
                        (B) in paragraph (2), by striking the period at the
                    end and inserting ``; and''; and
                        (C) by adding at the end the following new
                    paragraph:
                ``(3) in the case of home health services furnished on or
            after January 1, 2019, the claim contains the code for the
            county (or equivalent area) in which the home health service was
            furnished.''.

        (b) HHS OIG Analysis.-- <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>>  recommendations the
            Inspector General determines appropriate based on such analysis.

    [[Page 132 STAT. 190]]

       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) <<NOTE: 42 USC 1395cc-5 note.>>  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:

    [[Page 132 STAT. 191]]

        ``(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) <<NOTE: Applicability. Time periods.>>  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

    [[Page 132 STAT. 192]]

                    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) <<NOTE: Deadline. Procedures.>>  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. <<NOTE: Applicability.>>
                          With respect

    [[Page 132 STAT. 193]]

                          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) <<NOTE: Notification.>>
                                    Single written notification of all
                                    applicable grievances and appeal rights
                                    under this title and title
                                    XIX. <<NOTE: Waiver authority.>>  For
                                    purposes of this subparagraph, the
                                    Secretary may waive the requirements
                                    under section 1852(g)(1)(B) when the
                                    specialized MA plan covers items or
                                    services under this part or under title
                                    XIX.
                                        ``(II) Single pathways for
                                    resolution of any grievance or appeal
                                    related to a particular item or service
                                    provided by specialized MA plans for
                                    special needs individuals described in
                                    subsection (b)(6)(B)(ii) under this
                                    title and title XIX.
                                        ``(III) <<NOTE: Notices.>>  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

    [[Page 132 STAT. 194]]

                          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) <<NOTE: Contracts. Determinations.>>
                    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

    [[Page 132 STAT. 195]]

                                    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.--
                          <<NOTE: Determination.>> 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). <<NOTE: Compliance.>>  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) <<NOTE: Time
                          period. Consultation. Determination. Evaluation.>>
                           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

    [[Page 132 STAT. 196]]

                                    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) <<NOTE: Effective
                          dates. Consultation.>>  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

    [[Page 132 STAT. 197]]

                    in subsection (b)(6)(B)(iii), the requirements described
                    in this paragraph include the following:
                              ``(i) The interdisciplinary team under
                          subparagraph (A)(ii)(III) includes a team of
                          providers with demonstrated expertise, including
                          training in an applicable specialty, in treating
                          individuals similar to the targeted population of
                          the plan.
                              ``(ii) Requirements developed by the Secretary
                          to provide face-to-face encounters with
                          individuals enrolled in the plan not less
                          frequently than on an annual basis.
                              ``(iii) As part of the model of care under
                          clause (i) of subparagraph (A), the results of the
                          initial assessment and annual reassessment under
                          clause (ii)(I) of such subparagraph of each
                          individual enrolled in the plan are addressed in
                          the individual's individualized care plan under
                          clause (ii)(II) of such subparagraph.
                              ``(iv) As part of the annual evaluation and
                          approval of such model of care, the Secretary
                          shall take into account whether the plan fulfilled
                          the previous year's goals (as required under the
                          model of care).
                              ``(v) The Secretary shall establish a minimum
                          benchmark for each element of the model of care of
                          a plan. The Secretary shall only approve a plan's
                          model of care under this paragraph if each element
                          of the model of care meets the minimum benchmark
                          applicable under the preceding sentence.''.
                (2) Revisions to the definition of a severe or disabling
            chronic conditions specialized needs individual.--
                        (A) In general.--Section 1859(b)(6)(B)(iii) of the
                    Social Security Act (42 U.S.C. 1395w-28(b)(6)(B)(iii))
                    is amended--
                              (i) by striking ``who have'' and inserting
                          ``who--
                                        ``(I) before January 1, 2022,
                                    have'';
                              (ii) in subclause (I), as added by clause (i),
                          by striking the period at the end and inserting
                          ``; and''; and
                              (iii) by adding at the end the following new
                          subclause:
                                        ``(II) on or after January 1, 2022,
                                    have one or more comorbid and medically
                                    complex chronic conditions that is life
                                    threatening or significantly limits
                                    overall health or function, have a high
                                    risk of hospitalization or other adverse
                                    health outcomes, and require intensive
                                    care coordination and that is listed
                                    under subsection (f)(9)(A).''.
                        (B) Panel of clinical advisors.--Section 1859(f) of
                    the Social Security Act (42 U.S.C. 1395w-28(f)), as
                    amended by subsection (b), is amended by adding at the
                    end the following new paragraph:
                ``(9) List of conditions for clarification of the definition
            of a severe or disabling chronic conditions specialized needs
            individual.--
                        ``(A) <<NOTE: Deadlines.>>  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

    [[Page 132 STAT. 198]]

                    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;

    [[Page 132 STAT. 199]]

                              ``(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.). <<NOTE: Analysis.>>
            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.

    [[Page 132 STAT. 200]]

                        (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) <<NOTE: Recommenda- tions.>>  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.-- <<NOTE: Recommenda- tions.>> 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) <<NOTE: Revision. Deadline.>>  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).''.

    [[Page 132 STAT. 201]]

    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) <<NOTE: Determination.>>
                                    Authority to waive uniformity
                                    requirements.--The Secretary may, only
                                    with respect to supplemental benefits
                                    provided to a chronically ill enrollee
                                    under this subparagraph, waive the
                                    uniformity requirements under this part,
                                    as determined appropriate by the
                                    Secretary.
                              ``(iii) Chronically ill enrollee defined.--In
                          this subparagraph, the term `chronically ill
                          enrollee' means an enrollee in an MA plan that the
                          Secretary determines--
                                        ``(I) has one or more comorbid and
                                    medically complex chronic conditions
                                    that is life threatening or
                                    significantly limits the overall health
                                    or function of the enrollee;
                                        ``(II) has a high risk of
                                    hospitalization or other adverse health
                                    outcomes; and
                                        ``(III) requires intensive care
                                    coordination.''.

        (b) GAO Study and Report.--
                (1) Study.--The Comptroller General of the United States (in
            this subsection referred to as the ``Comptroller General'')
            shall conduct a study on supplemental benefits provided to
            enrollees in Medicare Advantage plans under part C of title
            XVIII of the Social Security Act, including specialized MA plans
            for special needs individuals (as defined in section 1859(b)(6)
            of such Act (42 U.S.C. 1395w-28(b)(6))). <<NOTE: Analysis.>>  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

    [[Page 132 STAT. 202]]

                    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) <<NOTE: Recommenda- tions.>>  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.

    [[Page 132 STAT. 203]]

                              ``(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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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:

    [[Page 132 STAT. 204]]

        ``(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) <<NOTE: Applicability.>>  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.-- <<NOTE: 42 USC 1395jjj note.>> 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). <<NOTE: Analysis.>>  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.

    [[Page 132 STAT. 205]]

                (2) <<NOTE: Recommenda- tions. 42 USC 1395jjj note.>>
            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.-- <<NOTE: Determination.>> 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) <<NOTE: Definition.>>  Inclusion of certain
                    sites.--With respect to telehealth services described in
                    subparagraph (A), the term `originating site' shall
                    include any hospital (as defined in section 1861(e)) or
                    critical access hospital (as defined in section
                    1861(mm)(1)), any mobile stroke unit (as defined by the
                    Secretary), or any other site determined appropriate by
                    the Secretary, at which the eligible telehealth
                    individual is located at the time the service is
                    furnished via a telecommunications system.
                        ``(C) No originating site facility fee for new
                    sites.--No facility fee shall be paid under paragraph
                    (2)(B) to an originating site with respect to a
                    telehealth service described in subparagraph (A) if the
                    originating site does not otherwise meet the
                    requirements for an originating site under paragraph
                    (4)(C).''.

             Subtitle D--Identifying the Chronically Ill Population

    SEC. 50331. PROVIDING FLEXIBILITY FOR BENEFICIARIES TO BE PART OF
                                AN ACCOUNTABLE CARE ORGANIZATION.

        Section 1899(c) of the Social Security Act (42 U.S.C. 1395jjj(c)) is
    amended--
                (1) by redesignating paragraphs (1) and (2) as subparagraphs
            (A) and (B), respectively, and indenting appropriately;
                (2) by striking ``ACOs.--The Secretary'' and inserting
            ``ACOs.--
                ``(1) In general.--Subject to paragraph (2), the
            Secretary''; and
                (3) by adding at the end the following new paragraph:
                ``(2) Providing flexibility.--
                        ``(A) <<NOTE: Contracts.>>  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

    [[Page 132 STAT. 206]]

                    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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>>  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) <<NOTE: Application.>>  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,

    [[Page 132 STAT. 207]]

                    including program integrity requirements, as the
                    Secretary determines necessary.
                        ``(B) <<NOTE: Determination.>>  Implementation.--The
                    Secretary shall implement this subsection on a date
                    determined appropriate by the Secretary. <<NOTE: Time
                    period.>>  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) <<NOTE: Determinations.>>  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) <<NOTE: Time period.>>  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

    [[Page 132 STAT. 208]]

                          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) <<NOTE: Deadline.>>  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:

    [[Page 132 STAT. 209]]

                        ``(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). <<NOTE: Analysis.>>  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.-- <<NOTE: Recommenda- tions.>> 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. <<NOTE: Analysis.>>  Such study
    shall include an analysis of the following to the extent such
    information is available:
                (1) The frequency with which services similar to
            longitudinal comprehensive care planning services are furnished
            to Medicare beneficiaries, which providers of services and
            suppliers are furnishing those services, whether Medicare
            reimbursement is being received for those services, and, if so,
            through which codes those services are being reimbursed.
                (2) Whether, and the extent to which, longitudinal
            comprehensive care planning services would overlap, and could
            therefore result in duplicative payment, with services covered
            under the hospice benefit as well as the chronic care management
            code, evaluation and management codes, or other codes that
            already exist under part B of the Medicare program.
                (3) Any barriers to hospitals, skilled nursing facilities,
            hospice programs, home health agencies, and other applicable
            providers working with a Medicare beneficiary to engage in the
            care planning process and complete the necessary documentation
            to support the treatment and care plan of the beneficiary and
            provide such documentation to other providers and the
            beneficiary or the beneficiary's representative.
                (4) Any barriers to providers, other than the provider
            furnishing longitudinal comprehensive care planning services,
            accessing the care plan and associated documentation for use
            related to the care of the Medicare beneficiary.
                (5) Potential options for ensuring that applicable providers
            are notified of a patient's existing longitudinal care plan and
            that applicable providers consider that plan in making their

    [[Page 132 STAT. 210]]

            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.-- <<NOTE: Recommenda- tions.>> 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.

    [[Page 132 STAT. 211]]

                (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. <<NOTE: Analysis.>>  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.

    [[Page 132 STAT. 212]]

                (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.-- <<NOTE: Recommenda- tions.>> 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. <<NOTE: Analysis.>>  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.-- <<NOTE: Recommenda- tions.>> 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.

    [[Page 132 STAT. 213]]

    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 <<NOTE: Analysis.>> 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.-- <<NOTE: Recommenda- tions.>> 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. <<NOTE: Web posting.>> The Secretary shall also post such
    report on the Internet website of the Department of Health and Human
    Services.
    SEC. 50354. PROVIDING PRESCRIPTION DRUG PLANS WITH PARTS A AND B
                                CLAIMS DATA TO PROMOTE THE APPROPRIATE
                                USE OF MEDICATIONS AND IMPROVE HEALTH
                                OUTCOMES.

        Section 1860D-4(c) of the Social Security Act (42 U.S.C. 1395w-
    104(c)) is amended by adding at the end the following new paragraph:
                ``(6) Providing prescription drug plans with parts a and b
            claims data to promote the appropriate use of medications and
            improve health outcomes.--
                        ``(A) Process.--Subject to subparagraph (B), the
                    Secretary shall establish a process under which a PDP
                    sponsor of a prescription drug plan may submit a request
                    for the Secretary to provide the sponsor, on a periodic
                    basis and in an electronic format, beginning in plan
                    year 2020, data described in subparagraph (D) with
                    respect to enrollees in such plan. Such data shall be
                    provided without regard to whether such enrollees are
                    described in clause (ii) of paragraph (2)(A).
                        ``(B) Purposes.--A PDP sponsor may use the data
                    provided to the sponsor pursuant to subparagraph (A) for
                    any of the following purposes:
                              ``(i) To optimize therapeutic outcomes through
                          improved medication use, as such phrase is used in
                          clause (i) of paragraph (2)(A).
                              ``(ii) To improving care coordination so as to
                          prevent adverse health outcomes, such as
                          preventable emergency department visits and
                          hospital readmissions.
                              ``(iii) <<NOTE: Determination.>>  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.

    [[Page 132 STAT. 214]]

                              ``(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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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

    [[Page 132 STAT. 215]]

                          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 <<NOTE: Determination.>> 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

    [[Page 132 STAT. 216]]

                                        ``(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.

    [[Page 132 STAT. 217]]

                              ``(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) <<NOTE: Definition.>>  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) <<NOTE: Applicability. 42 USC 1395l note.>>  Section 5012(d) of
    the 21st Century Cures Act is amended by inserting the following before
    the period at the end: ``, except that the amendments made by paragraphs
    (1) and (2) of subsection (c) shall apply to items and services
    furnished on or after January 1, 2019''.
    SEC. 50402. ORTHOTIST'S AND PROSTHETIST'S CLINICAL NOTES AS PART
                                OF THE PATIENT'S MEDICAL RECORD.

        Section 1834(h) of the Social Security Act (42 U.S.C. 1395m(h)) is
    amended by adding at the end the following new paragraph:
                ``(5) Documentation created by orthotists and
            prosthetists.-- <<NOTE: Determination.>> 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

    [[Page 132 STAT. 218]]

                              (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) <<NOTE: 42 USC 1395bb note.>>  Timing for acceptance of
            requests from accreditation organizations.--
            <<NOTE: Deadline.>> 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: <<NOTE: Effective
    date. Survey. Determination. Deadline.>> ``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) <<NOTE: Determination.>>  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.''.

    [[Page 132 STAT. 219]]

                (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) <<NOTE: Time period.>>  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.-- <<NOTE: Time
                    period.>> 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) <<NOTE: Time period.>>  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).''.

    [[Page 132 STAT. 220]]

                   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.--

    [[Page 132 STAT. 221]]

                (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) <<NOTE: Applicability. 42 USC 1320a-7a note.>>  Effective
    Date.--The amendments made by this section shall apply to acts committed
    after the date of the enactment of this Act.
    SEC. 50413. REDUCING THE VOLUME OF FUTURE EHR-RELATED SIGNIFICANT
                                HARDSHIP REQUESTS.

        Section 1848(o)(2)(A) of the Social Security Act (42 U.S.C. 1395w-
    4(o)(2)(A)) and section 1886(n)(3)(A) of such Act (42 U.S.C.
    1395ww(n)(3)(A)) are each amended in the last sentence by striking ``by
    requiring'' and all that follows through ``this paragraph''.
    SEC. 50414. STRENGTHENING RULES IN CASE OF COMPETITION FOR
                                DIABETIC TESTING STRIPS.

        (a) Special Rule in Case of Competition for Diabetic Testing
    Strips.--
                (1) In general.--Paragraph (10) of section 1847(b) of the
            Social Security Act (42 U.S.C. 1395w-3(b)) is amended--
                        (A) in subparagraph (A), by striking the second
                    sentence and inserting the following new
                    sentence: <<NOTE: Determination.>> ``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

    [[Page 132 STAT. 222]]

                    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) <<NOTE: Determination.>>
                          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.

    [[Page 132 STAT. 223]]

                        ``(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) <<NOTE: Deadline.>>  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) <<NOTE: Requirement. Time period.>>  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) <<NOTE: 42 USC 1395w-3 note.>>  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.

    [[Page 132 STAT. 224]]

                         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) <<NOTE: Definitions.>>  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) <<NOTE: Deadlines.>>  Process.--The Secretary
                    shall select the recipients of allotments under
                    subparagraph (A) by means of a competitive grant process
                    under which--

    [[Page 132 STAT. 225]]

                              ``(i) <<NOTE: Notice.>>  not later than 30
                          days after the deadline for the State involved to
                          submit an application for the fiscal year under
                          section 505(a), the Secretary publishes a notice
                          soliciting grant applications; and
                              ``(ii) not later than 120 days after such
                          deadline, all such applications must be submitted.

        ``(b) Purpose.--
                ``(1) In general.--Except for research under paragraph (5)
            and information collection and reporting under paragraph (6),
            the purpose of an allotment under subsection (a) to a State (or
            to another entity in the State pursuant to subsection (a)(2)) is
            to enable the State or other entity to implement education
            exclusively on sexual risk avoidance (meaning voluntarily
            refraining from sexual activity).
                ``(2) Required components.--Education on sexual risk
            avoidance pursuant to an allotment under this section shall--
                        ``(A) ensure that the unambiguous and primary
                    emphasis and context for each topic described in
                    paragraph (3) is a message to youth that normalizes the
                    optimal health behavior of avoiding nonmarital sexual
                    activity;
                        ``(B) be medically accurate and complete;
                        ``(C) be age-appropriate;
                        ``(D) be based on adolescent learning and
                    developmental theories for the age group receiving the
                    education; and
                        ``(E) be culturally appropriate, recognizing the
                    experiences of youth from diverse communities,
                    backgrounds, and experiences.
                ``(3) Topics.--Education on sexual risk avoidance pursuant
            to an allotment under this section shall address each of the
            following topics:
                        ``(A) The holistic individual and societal benefits
                    associated with personal responsibility, self-
                    regulation, goal setting, healthy decisionmaking, and a
                    focus on the future.
                        ``(B) The advantage of refraining from nonmarital
                    sexual activity in order to improve the future prospects
                    and physical and emotional health of youth.
                        ``(C) The increased likelihood of avoiding poverty
                    when youth attain self-sufficiency and emotional
                    maturity before engaging in sexual activity.
                        ``(D) The foundational components of healthy
                    relationships and their impact on the formation of
                    healthy marriages and safe and stable families.
                        ``(E) How other youth risk behaviors, such as drug
                    and alcohol usage, increase the risk for teen sex.
                        ``(F) How to resist and avoid, and receive help
                    regarding, sexual coercion and dating violence,
                    recognizing that even with consent teen sex remains a
                    youth risk behavior.
                ``(4) Contraception.--Education on sexual risk avoidance
            pursuant to an allotment under this section shall ensure that--
                        ``(A) any information provided on contraception is
                    medically accurate and complete and ensures that
                    students understand that contraception offers physical
                    risk reduction, but not risk elimination; and
                        ``(B) the education does not include demonstrations,
                    simulations, or distribution of contraceptive devices.

    [[Page 132 STAT. 226]]

                ``(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) <<NOTE: Consultation.>>  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) <<NOTE: Reports.>>  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--

    [[Page 132 STAT. 227]]

                        ``(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) <<NOTE: 42 USC 710 note.>>  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) <<NOTE: 42 USC 713 note.>>  Effective Date.--The amendments made
    by this section shall take effect as if enacted on October 1, 2017.

    [[Page 132 STAT. 228]]

           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) <<NOTE: Reports.>>  Demonstration of
                    improvements in subsequent years.--
                              ``(i) <<NOTE: Deadline. Time period.>>
                          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

    [[Page 132 STAT. 229]]

                          plan. The Secretary may provide the technical
                          assistance directly or through grants, contracts,
                          or cooperative agreements.
                              ``(iv) No improvement or failure to submit
                          report.-- <<NOTE: Determinations.>> 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. <<NOTE: Updates. Deadline.>> 50603. REVIEWING STATEWIDE NEEDS
                                TO TARGET RESOURCES.

        Section 511(b)(1) of the Social Security Act (42 U.S.C. 711(b)(1))
    is amended by striking ``Not later than'' and all that follows through
    ``section 505(a))'' and inserting ``Each State shall, as a condition of
    receiving payments from an allotment for the State under section 502,
    conduct a statewide needs assessment (which may be separate from but in
    coordination with the statewide needs assessment required under section
    505(a) and which shall be reviewed and updated by the State not later
    than October 1, 2020)''.
    SEC. 50604. IMPROVING THE LIKELIHOOD OF SUCCESS IN HIGH-RISK
                                COMMUNITIES.

        Section 511(d)(4)(A) of the Social Security Act (42 U.S.C.
    711(d)(4)(A)) is amended by inserting ``, taking into account the
    staffing, community resource, and other requirements to operate at least
    one approved model of home visiting and demonstrate improvements for
    eligible families'' before the period.
    SEC. 50605. OPTION TO FUND EVIDENCE-BASED HOME VISITING ON A PAY
                                FOR OUTCOME BASIS.

        (a) In General.--Section 511(c) of the Social Security Act (42
    U.S.C. 711(c)) is amended by redesignating paragraphs (3) and (4) as
    paragraphs (4) and (5), respectively, and by inserting after paragraph
    (2) the following:
                ``(3) Authority to use grant for a pay for outcomes
            initiative.--An eligible entity to which a grant is made under
            paragraph (1) may use up to 25 percent of the grant for outcomes
            or success payments related to a pay for outcomes initiative
            that will not result in a reduction of funding for services
            delivered by the entity under a childhood home visitation
            program under this section while the eligible entity develops or
            operates such an initiative.''.

        (b) Definition of Pay for Outcomes Initiative.--Section 511(k) of
    such Act (42 U.S.C. 711(k)) is amended by adding at the end the
    following:
                ``(4) Pay for outcomes initiative.--The term `pay for
            outcomes initiative' means a performance-based grant, contract,

    [[Page 132 STAT. 230]]

            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) <<NOTE: Study.>>  a feasibility study that
                    describes how the proposed intervention is based on
                    evidence of effectiveness;
                        ``(B) <<NOTE: Evaluation. Determination.>>  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) <<NOTE: Deadline. Public
                    information. Reports. Requirement.>>  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) <<NOTE: Time period.>> 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) <<NOTE: Consultation.>>  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

    [[Page 132 STAT. 231]]

                          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) <<NOTE: Consultation.>>  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) <<NOTE: 42 USC 711 note.>>  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:

    [[Page 132 STAT. 232]]

                ``(4) <<NOTE: Determination.>> 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-- <<NOTE: Bipartisan Budget Act of 2018.>> Investing in
    Prevention and Supporting Families
    SEC. 50701. <<NOTE: 42 USC 1305 note.>> SHORT TITLE.

        This subtitle may be cited as the ``Bipartisan Budget Act of 2018''.
    SEC. 50702. <<NOTE: 42 USC 622 note.>> 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) <<NOTE: Time period.>>  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

    [[Page 132 STAT. 233]]

            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) <<NOTE: Compliance.>> comply
                                    with such other requirements as the
                                    Secretary shall establish.

    [[Page 132 STAT. 234]]

                              ``(ii) Pregnant or parenting foster youth.--In
                          the case of a child who is a pregnant or parenting
                          foster youth described in paragraph (2)(B), the
                          prevention plan shall--
                                        ``(I) be included in the child's
                                    case plan required under section 475(1);
                                        ``(II) list the services or programs
                                    to be provided to or on behalf of the
                                    youth to ensure that the youth is
                                    prepared (in the case of a pregnant
                                    foster youth) or able (in the case of a
                                    parenting foster youth) to be a parent;
                                        ``(III) describe the foster care
                                    prevention strategy for any child born
                                    to the youth; and
                                        ``(IV) <<NOTE: Compliance.>>  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) <<NOTE: Study.>>  Promising
                          practice.--A practice shall be considered to be a
                          `promising practice' if the practice is superior
                          to an appropriate comparison practice using

    [[Page 132 STAT. 235]]

                          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) <<NOTE: Study.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Studies.>>  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

    [[Page 132 STAT. 236]]

                                        ``(II) <<NOTE: Time period.>>  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) <<NOTE: Deadlines.>>  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) <<NOTE: Time periods. Determination.>>
                    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) <<NOTE: Deadline.>>  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) <<NOTE: Plan.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Assessments. Determination.>>
                          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

    [[Page 132 STAT. 237]]

                          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) <<NOTE: Evaluation.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Assessment.>>  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

    [[Page 132 STAT. 238]]

                                        ``(II) developing appropriate
                                    prevention plans, and conducting the
                                    risk assessments required under clause
                                    (iii).
                              ``(viii) <<NOTE: Assessment. Evaluation.>>  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) <<NOTE: Evaluation.>>  Limitation.--
                          Except as provided in subclause (ii), a State may
                          not receive a Federal payment under this part for
                          a given promising, supported, or well-supported
                          practice unless (in accordance with subparagraph
                          (B)(iii)(V)) the plan includes a well-designed and
                          rigorous evaluation strategy for that practice.
                              ``(ii) Waiver of limitation.--The Secretary
                          may waive the requirement for a well-designed and
                          rigorous evaluation of any well-supported practice
                          if the Secretary deems the evidence of the
                          effectiveness of the practice to be compelling and
                          the State meets the continuous quality improvement
                          requirements included in subparagraph (B)(iii)(II)
                          with regard to the practice.
                ``(6) Prevention services measures.--
                        ``(A) <<NOTE: Time period.>>  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.-- <<NOTE: Time
                          period.>> 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) <<NOTE: Deadline. Updates.>>  Data.--The
                    Secretary shall establish and annually update the
                    prevention services measures--

    [[Page 132 STAT. 239]]

                              ``(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) <<NOTE: Determination.>> 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.-- <<NOTE: Deadline. Public information.>> 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) <<NOTE: Definition.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Requirement. Reports.>>  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.

    [[Page 132 STAT. 240]]

                        ``(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) <<NOTE: Time period.>> 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:

    [[Page 132 STAT. 241]]

                ``(6) subject to section 471(e)--
                        ``(A) for each quarter--
                              ``(i) <<NOTE: Time periods.>>  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

    [[Page 132 STAT. 242]]

                          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) <<NOTE: Native Americans.>>  Technical assistance and
            best practices.--The Secretary shall provide to States and, as
            applicable, to Indian tribes, tribal organizations, and tribal
            consortia, technical assistance regarding the provision of
            services and programs described in section 471(e)(1) and shall
            disseminate best practices with respect to the provision of the
            services and programs, including how to plan and implement a
            well-designed and rigorous evaluation of a promising, supported,
            or well-supported practice.
                ``(2) Clearinghouse of promising, supported, and well-
            supported practices.-- <<NOTE: Evaluation.>> 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

    [[Page 132 STAT. 243]]

                        ``(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.-- <<NOTE: Requirements.>> 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

    [[Page 132 STAT. 244]]

                          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) <<NOTE: Time period.>> 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).''.

    [[Page 132 STAT. 245]]

        (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) <<NOTE: Determination.>>  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. <<NOTE: Time
                    period.>>  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.

    [[Page 132 STAT. 246]]

    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) <<NOTE: Deadline.>>  by inserting ``, which, in the case
            of a State other than the Commonwealth of Puerto Rico, the
            United States Virgin Islands, Guam, or American Samoa, not later
            than October 1, 2027, shall include the use of an electronic
            interstate case-processing system'' before the first semicolon.

        (b) Exemption of Indian Tribes.--Section 479B(c) of such Act (42
    U.S.C. 679c(c)) is amended by adding at the end the following:
                ``(4) Inapplicability of state plan requirement to have in
            effect procedures providing for the use of an electronic
            interstate case-processing system.--The requirement in section
            471(a)(25) that a State plan provide that the State shall have
            in effect procedures providing for the use of an electronic
            interstate case-processing system shall not apply to an Indian
            tribe, tribal organization, or tribal consortium that elects to
            operate a program under this part.''.

        (c) Funding for the Development of an Electronic Interstate Case-
    processing System to Expedite the Interstate Placement of Children in
    Foster Care or Guardianship, or for Adoption.--Section 437 of such Act
    (42 U.S.C. 629g) is amended by adding at the end the following:
        ``(g) Funding for the Development of an Electronic Interstate Case-
    processing System to Expedite the Interstate Placement of Children in
    Foster Care or Guardianship, or for Adoption.--
                ``(1) Purpose.--The purpose of this subsection is to
            facilitate the development of an electronic interstate case-
            processing system for the exchange of data and documents to
            expedite the placements of children in foster, guardianship, or
            adoptive homes across State lines.
                ``(2) Requirements.--A State that seeks funding under this
            subsection shall submit to the Secretary the following:
                        ``(A) A description of the goals and outcomes to be
                    achieved, which goals and outcomes must result in--
                              ``(i) reducing the time it takes for a child
                          to be provided with a safe and appropriate
                          permanent living arrangement across State lines;
                              ``(ii) improving administrative processes and
                          reducing costs in the foster care system; and
                              ``(iii) the secure exchange of relevant case
                          files and other necessary materials in real time,
                          and timely communications and placement decisions
                          regarding interstate placements of children.
                        ``(B) A description of the activities to be funded
                    in whole or in part with the funds, including the
                    sequencing of the activities.
                        ``(C) A description of the strategies for
                    integrating programs and services for children who are
                    placed across State lines.
                        ``(D) Such other information as the Secretary may
                    require.

    [[Page 132 STAT. 247]]

                ``(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) <<NOTE: Deadline. Public information. Reports. Web
            posting.>>  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) <<NOTE: Consultation. Assessment.>>  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:

    [[Page 132 STAT. 248]]

                ``(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

    [[Page 132 STAT. 249]]

                    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) <<NOTE: Time period.>>  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) <<NOTE: Determination.>>  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'';

    [[Page 132 STAT. 250]]

                        (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) <<NOTE: Determination.>>  Additional
                    information needed by the Secretary to determine that
                    the proposed activities and implementation will be
                    consistent with research or evaluations showing which
                    practices and approaches are most effective.'';
                (5) in paragraph (5)(A), by striking ``abuse treatment'' and
            inserting ``use disorder treatment including medication assisted
            treatment and in-home substance abuse disorder treatment and
            recovery'';
                (6) in paragraph (7)--
                        (A) by striking ``and'' at the end of subparagraph
                    (C); and
                        (B) by redesignating subparagraph (D) as
                    subparagraph (E) and inserting after subparagraph (C)
                    the following:
                        ``(D) demonstrate a track record of successful
                    collaboration among child welfare, substance abuse
                    disorder treatment and mental health agencies; and'';
                (7) in paragraph (8)--
                        (A) in subparagraph (A)--
                              (i) by striking ``establish indicators that
                          will be'' and inserting ``review indicators that
                          are''; and
                              (ii) by striking ``in using funds made
                          available under such grants to achieve the purpose
                          of this subsection'' and inserting ``and establish
                          a set of core indicators related to child safety,
                          parental recovery, parenting capacity, and family
                          well-being. In developing the core indicators, to
                          the extent possible, indicators shall be made
                          consistent with the outcome measures described in
                          section 471(e)(6)''; and
                        (B) in subparagraph (B)--
                              (i) in the matter preceding clause (i), by
                          inserting ``base the performance measures on
                          lessons learned from prior rounds of regional
                          partnership grants under this subsection, and''
                          before ``consult''; and
                              (ii) by striking clauses (iii) and (iv) and
                          inserting the following:
                              ``(iii) Other stakeholders or constituencies
                          as determined by the Secretary.'';
                (8) in paragraph (9)(A), by striking clause (i) and
            inserting the following:
                              ``(i) Semiannual reports.--Not later than
                          September 30 of each fiscal year in which a
                          recipient of a grant under this subsection is paid
                          funds under the grant, and every 6 months
                          thereafter, the grant recipient shall submit to
                          the Secretary a report on the services provided
                          and activities carried out during the reporting
                          period, progress made in achieving the

    [[Page 132 STAT. 251]]

                          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. <<NOTE: Deadlines. 42 USC 671 note.>> REVIEWING AND
                                IMPROVING LICENSING STANDARDS FOR
                                PLACEMENT IN A RELATIVE FOSTER FAMILY
                                HOME.

        (a) Identification of Reputable Model Licensing Standards.--Not
    later than October 1, 2018, the Secretary of Health and Human Services
    shall identify reputable model licensing standards with respect to the
    licensing of foster family homes (as defined in section 472(c)(1) of the
    Social Security Act).
        (b) State Plan Requirement.--Section 471(a) of the Social Security
    Act (42 U.S.C. 671(a)) is amended--
                (1) in paragraph (34)(B), by striking ``and'' after the
            semicolon;
                (2) in paragraph (35)(B), by striking the period at the end
            and inserting a semicolon; and
                (3) by adding at the end the following:
                ``(36) provides that, not later than April 1, 2019, the
            State shall submit to the Secretary information addressing--
                        ``(A) whether the State licensing standards are in
                    accord with model standards identified by the Secretary,
                    and if not, the reason for the specific deviation and a
                    description as to why having a standard that is
                    reasonably in accord with the corresponding national
                    model standards is not appropriate for the State;
                        ``(B) whether the State has elected to waive
                    standards established in 471(a)(10)(A) for relative
                    foster family homes (pursuant to waiver authority
                    provided by 471(a)(10)(D)), a description of which
                    standards the State most commonly waives, and if the
                    State has not elected to waive the standards, the reason
                    for not waiving these standards;
                        ``(C) if the State has elected to waive standards
                    specified in subparagraph (B), how caseworkers are
                    trained to use the waiver authority and whether the
                    State has developed a process or provided tools to
                    assist caseworkers in waiving nonsafety standards per
                    the authority provided in 471(a)(10)(D) to quickly place
                    children with relatives; and
                        ``(D) a description of the steps the State is taking
                    to improve caseworker training or the process, if any;
                    and''.
    SEC. 50732. DEVELOPMENT OF A STATEWIDE PLAN TO PREVENT CHILD ABUSE
                                AND NEGLECT FATALITIES.

        Section 422(b)(19) of the Social Security Act (42 U.S.C. 622(b)(19))
    is amended to read as follows:
                ``(19) document steps taken to track and prevent child
            maltreatment deaths by including--

    [[Page 132 STAT. 252]]

                        ``(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. <<NOTE: 42 USC 622 note.>>  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) <<NOTE: Determination.>> 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.

    [[Page 132 STAT. 253]]

                (2) Application to programs operated by indian tribal
            organizations.-- <<NOTE: Determination.>> 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) <<NOTE: Effective date. Time period.>>  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

    [[Page 132 STAT. 254]]

                    been found to be, or are at risk of becoming, sex
                    trafficking victims, in accordance with section
                    471(a)(9)(C).
                ``(3) Assessment to determine appropriateness of placement
            in a qualified residential treatment program.--
                        ``(A) Deadline for assessment.--In the case of a
                    child who is placed in a qualified residential treatment
                    program, if the assessment required under section
                    475A(c)(1) is not completed within 30 days after the
                    placement is made, no Federal payment shall be made to
                    the State under section 474(a)(1) for any amounts
                    expended for foster care maintenance payments on behalf
                    of the child during the placement.
                        ``(B) Deadline for transition out of placement.--If
                    the assessment required under section 475A(c)(1)
                    determines that the placement of a child in a qualified
                    residential treatment program is not appropriate, a
                    court disapproves such a placement under section
                    475A(c)(2), or a child who has been in an approved
                    placement in a qualified residential treatment program
                    is going to return home or be placed with a fit and
                    willing relative, a legal guardian, or an adoptive
                    parent, or in a foster family home, Federal payments
                    shall be made to the State under section 474(a)(1) for
                    amounts expended for foster care maintenance payments on
                    behalf of the child while the child remains in the
                    qualified residential treatment program only during the
                    period necessary for the child to transition home or to
                    such a placement. In no event shall a State receive
                    Federal payments under section 474(a)(1) for amounts
                    expended for foster care maintenance payments on behalf
                    of a child who remains placed in a qualified residential
                    treatment program after the end of the 30-day period
                    that begins on the date a determination is made that the
                    placement is no longer the recommended or approved
                    placement for the child.
                ``(4) <<NOTE: Definition.>>  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;

    [[Page 132 STAT. 255]]

                        ``(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.

    [[Page 132 STAT. 256]]

                        ``(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) <<NOTE: Definition.>>  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) <<NOTE: Certification.>>  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) <<NOTE: Evaluations.>>  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

    [[Page 132 STAT. 257]]

            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.-- <<NOTE: Applicability.>> 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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Lists.>>  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).

    [[Page 132 STAT. 258]]

                ``(iii) The State shall document in the child's case plan--
                        ``(I) the reasonable and good faith effort of the
                    State to identify and include all the individuals
                    described in clause (ii) on the child's family and
                    permanency team;
                        ``(II) all contact information for members of the
                    family and permanency team, as well as contact
                    information for other family members and fictive kin who
                    are not part of the family and permanency team;
                        ``(III) evidence that meetings of the family and
                    permanency team, including meetings relating to the
                    assessment required under subparagraph (A), are held at
                    a time and place convenient for family;
                        ``(IV) if reunification is the goal, evidence
                    demonstrating that the parent from whom the child was
                    removed provided input on the members of the family and
                    permanency team;
                        ``(V) evidence that the assessment required under
                    subparagraph (A) is determined in conjunction with the
                    family and permanency team;
                        ``(VI) the placement preferences of the family and
                    permanency team relative to the assessment that
                    recognizes children should be placed with their siblings
                    unless there is a finding by the court that such
                    placement is contrary to their best interest; and
                        ``(VII) if the placement preferences of the family
                    and permanency team and child are not the placement
                    setting recommended by the qualified individual
                    conducting the assessment under subparagraph (A), the
                    reasons why the preferences of the team and of the child
                    were not recommended.
                ``(C) <<NOTE: Determination.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Certification.>>  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

    [[Page 132 STAT. 259]]

            respect to determining the most effective and appropriate
            placement for a child.
                ``(2) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Time periods.>>  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.''.

    [[Page 132 STAT. 260]]

    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. <<NOTE: Deadline. Reports.>> 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

    [[Page 132 STAT. 261]]

                              ``(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. <<NOTE: 42 USC 622 note.>>  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) <<NOTE: Determination.>>  Transition rule.--In the case
            of a State plan under part B or E of title IV of the Social
            Security Act which the Secretary of Health and Human Services
            determines requires State legislation (other than legislation
            appropriating funds) in order for the plan to meet the
            additional requirements imposed by the amendments made by this
            part, the State plan shall not be regarded as failing to comply
            with the requirements of part B or E of title IV of such Act
            solely on the basis of the failure of the plan to meet the
            additional requirements before the first day of the first
            calendar quarter beginning after the close of the first regular
            session of the State legislature that begins after the date of
            enactment of this Act. For purposes of the previous sentence, in
            the case of a State that has a 2-year legislative session, each
            year of

    [[Page 132 STAT. 262]]

            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) <<NOTE: Effective date.>>  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) <<NOTE: Applicability.>>  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.-- <<NOTE: Effective date.>> 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.-- <<NOTE: Appropriation
    authorization.>> 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

    [[Page 132 STAT. 263]]

    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) <<NOTE: Determination.>>  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

    [[Page 132 STAT. 264]]

                    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) <<NOTE: Applicability.>> 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. <<NOTE: Definition. Determination.>>  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) <<NOTE: Definition.>>  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.''.

    [[Page 132 STAT. 265]]

        (c) Expanding and Clarifying the Use of Education and Training
    Vouchers.--
                (1) In general.--Section 477(i)(3) of such Act (42 U.S.C.
            677(i)(3)) is amended--
                        (A) by striking ``on the date'' and all that follows
                    through ``23'' and inserting ``to remain eligible until
                    they attain 26''; and
                        (B) by inserting ``, but in no event may a youth
                    participate in the program for more than 5 years
                    (whether or not consecutive)'' before the period.
                (2) Conforming amendment.--Section 477(i)(1) of such Act (42
            U.S.C. 677(i)(1)) is amended by inserting ``who have attained 14
            years of age'' before the period.

        (d) Other Improvements.--Section 477 of such Act (42 U.S.C. 677), as
    amended by subsections (a), (b), and (c), is amended--
                (1) in the section heading, by striking ``independence
            program'' and inserting ``program for successful transition to
            adulthood'';
                (2) in subsection (a)--
                        (A) in paragraph (1)--
                              (i) by striking ``identify children who are
                          likely to remain in foster care until 18 years of
                          age and to help these children make the transition
                          to self-sufficiency by providing services'' and
                          inserting ``support all youth who have experienced
                          foster care at age 14 or older in their transition
                          to adulthood through transitional services'';
                              (ii) by inserting ``and post-secondary
                          education'' after ``high school diploma''; and
                              (iii) by striking ``training in daily living
                          skills, training in budgeting and financial
                          management skills'' and inserting ``training and
                          opportunities to practice daily living skills
                          (such as financial literacy training and driving
                          instruction)'';
                        (B) in paragraph (2), by striking ``who are likely
                    to remain in foster care until 18 years of age receive
                    the education, training, and services necessary to
                    obtain employment'' and inserting ``who have experienced
                    foster care at age 14 or older achieve meaningful,
                    permanent connections with a caring adult'';
                        (C) in paragraph (3), by striking ``who are likely
                    to remain in foster care until 18 years of age prepare
                    for and enter postsecondary training and education
                    institutions'' and inserting ``who have experienced
                    foster care at age 14 or older engage in age or
                    developmentally appropriate activities, positive youth
                    development, and experiential learning that reflects
                    what their peers in intact families experience''; and
                        (D) by striking paragraph (4) and redesignating
                    paragraphs (5) through (8) as paragraphs (4) through
                    (7);
                (3) in subsection (b)--
                        (A) in paragraph (2)(D), by striking ``adolescents''
                    and inserting ``youth''; and
                        (B) in paragraph (3)--
                              (i) in subparagraph (D)--
                                        (I) by inserting ``including
                                    training on youth development'' after
                                    ``to provide training''; and

    [[Page 132 STAT. 266]]

                                        (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) <<NOTE: Analyses.>>  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) <<NOTE: Determination.>>  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''.

    [[Page 132 STAT. 267]]

     PART VI--CONTINUING INCENTIVES TO STATES TO PROMOTE ADOPTION AND LEGAL
                                  GUARDIANSHIP

    SEC. 50761. <<NOTE: 42 USC 673b note.>>  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) <<NOTE: 42 USC 673b note.>> 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) <<NOTE: Consultation. Establishment.>>  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.''.

    [[Page 132 STAT. 268]]

        (b) <<NOTE: Deadline. Regulations. 42 USC 629m note.>>  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) <<NOTE: Determination.>> 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) <<NOTE: 42 USC 673 note.>>  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). <<NOTE: Analysis.>> 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:

    [[Page 132 STAT. 269]]

                (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) <<NOTE: Recommenda- tions.>>  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-- <<NOTE: Social Impact Partnerships to Pay for Results
    Act.>> SUPPORTING SOCIAL IMPACT PARTNERSHIPS TO PAY FOR RESULTS
    SEC. 50801. <<NOTE: 42 USC 1305 note.>> SHORT TITLE.

        This subtitle may be cited as the ``Social Impact Partnerships to
    Pay for Results Act''.
    SEC. 50802. SOCIAL IMPACT PARTNERSHIPS TO PAY FOR RESULTS.

        Title XX of the Social Security Act (42 U.S.C. 1397 et seq.) is
    amended--
                (1) in the title heading, by striking ``TO STATES'' and
            inserting ``AND PROGRAMS''; and
                (2) by adding at the end the following:

               ``Subtitle C--Social Impact Demonstration Projects

                                   ``purposes

        ``Sec. 2051. <<NOTE: 42 USC 1397n note.>> 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.

    [[Page 132 STAT. 270]]

                ``(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. <<NOTE: Deadline. Consultation. Federal Register,
    publication. 42 USC 1397n-1 note.>>  (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.

    [[Page 132 STAT. 271]]

                ``(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

    [[Page 132 STAT. 272]]

            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.

    [[Page 132 STAT. 273]]

                ``(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.  <<NOTE: Deadline. Consultation. Determination. 42 USC
    1397n-2 note.>> (a) Timeline in Awarding Agreement.--Not later than 6
    months after receiving an application in accordance with section 2052,
    the Secretary, in consultation with the Federal Interagency Council on
    Social Impact Partnerships, shall determine whether to enter into an
    agreement for a social impact partnership project with a State or local
    government.

        ``(b) Considerations in Awarding Agreement.--In determining whether
    to enter into an agreement for a social impact partnership project (the
    application for which was submitted under section 2052) the Secretary,
    in consultation with the Federal Interagency Council on Social Impact
    Partnerships and the head of any Federal agency administering a similar
    intervention or serving a population similar to that served by the
    project, shall consider each of the following:
                ``(1) The recommendations made by the Commission on Social
            Impact Partnerships.
                ``(2) The value to the Federal Government of the outcomes
            expected to be achieved if the outcomes specified in the
            agreement are achieved as a result of the intervention.
                ``(3) The likelihood, based on evidence provided in the
            application and other evidence, that the State or local
            government in collaboration with the intermediary and the
            service providers will achieve the outcomes.
                ``(4) The savings to the Federal Government if the outcomes
            specified in the agreement are achieved as a result of the
            intervention.
                ``(5) The savings to the State and local governments if the
            outcomes specified in the agreement are achieved as a result of
            the intervention.
                ``(6) The expected quality of the evaluation that would be
            conducted with respect to the agreement.
                ``(7) The capacity and commitment of the State or local
            government to sustain the intervention, if appropriate and
            timely and if the intervention is successful, beyond the period
            of the social impact partnership.

        ``(c) <<NOTE: Determinations.>> Agreement Authority.--

    [[Page 132 STAT. 274]]

                ``(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) <<NOTE: Deadline. Federal Register, publication.>> 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.

    [[Page 132 STAT. 275]]

                ``(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) <<NOTE: Criteria.>> 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) <<NOTE: Estimate.>>  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.  <<NOTE: 42 USC 1397n-3 note.>> (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) <<NOTE: Cost estimate.>> Estimated costs to conduct
            the project.
                ``(7) <<NOTE: Estimates.>> 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) <<NOTE: Time period.>> 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.

    [[Page 132 STAT. 276]]

        ``(b) Federal Selection of Applications for Feasibility Study.--
    <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Deadline. Web posting.>>  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) <<NOTE: Deadline.>> 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.  <<NOTE: Determination. 42 USC 1397n-4 note.>> (a)
    Authority to Enter Into Agreements.--For each State or local government
    awarded a social impact partnership project approved by the Secretary
    under this subtitle, the head of the relevant agency, as recommended by
    the Federal Interagency Council on Social Impact Partnerships and
    determined by the Secretary, shall enter into an agreement with the
    State or local government to pay for all or part of the independent
    evaluation to determine whether the State or local government project
    has achieved a specific outcome as a result of the intervention in order
    for the State or local government to receive outcome payments under this
    subtitle.

    [[Page 132 STAT. 277]]

        ``(b) <<NOTE: Determination.>> 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) <<NOTE: Evaluation. Certification.>> 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) <<NOTE: Evaluation.>>  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

    [[Page 132 STAT. 278]]

                    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.  <<NOTE: 42 USC 1397n-5 note.>> (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) <<NOTE: Certification.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Certification.>> 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

    [[Page 132 STAT. 279]]

                ``(10) <<NOTE: Reports. Public information.>> 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.  <<NOTE: 42 USC 1397n-6 note.>> (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) <<NOTE: Recommenda- tions.>> 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

    [[Page 132 STAT. 280]]

                ``(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) <<NOTE: Deadlines.>> 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. <<NOTE: President.>> 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) <<NOTE: President.>> Three members (one of
                    which shall be Chair of the Commission appointed by the
                    President) shall serve for 4 years.
                ``(2) Assignment of terms.--The Commission shall designate
            the term length that each member appointed under subsection (c)
            shall serve by unanimous agreement. In the event that unanimous
            agreement cannot be reached, term lengths shall be assigned to
            the members by a random process.

        ``(g) Vacancies.--Subject to subsection (e), in the event of a
    vacancy in the Commission, whether due to the resignation of a member,
    the expiration of a member's term, or any other reason, the vacancy
    shall be filled in the manner in which the original appointment was made
    and shall not affect the powers of the Commission.
        ``(h) Appointment Power.--Members of the Commission appointed under
    subsection (c) shall not be subject to confirmation by the Senate.

                          ``limitation on use of funds

        ``Sec. 2058. <<NOTE: 42 USC 1397n-7 note.>> 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

    [[Page 132 STAT. 281]]

                ``(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. <<NOTE: 42 USC 1397n-8 note.>> 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. <<NOTE: Termination date. 42 USC 1397n-9
    note.>> 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 <<NOTE: 42 USC 1397n-10 note.>>
    Interagency Council on Social Impact Partnerships shall establish and
    maintain a public website that shall display the following:
                ``(1) <<NOTE: Records.>> 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) <<NOTE: Estimate.>>  An estimate of the savings to the
            Federal, State, and local government, on a program-by-program
            basis and in the

    [[Page 132 STAT. 282]]

            aggregate, resulting from the successful completion of the
            social impact partnership project.

                                  ``regulations

        ``Sec. 2062. <<NOTE: Consultation. 42 USC 1397n-11 note.>> 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. <<NOTE: 42 USC 1397n-12 note.>> 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. <<NOTE: 42 USC 1397n-13 note.>> 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:

    [[Page 132 STAT. 283]]

                        ``(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) <<NOTE: Grants. Deadline. Implementation
                          plan.>> by adding at the end the following: ``The
                          Secretary shall not make a grant under this
                          paragraph

    [[Page 132 STAT. 284]]

                          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) <<NOTE: Time
                          period.>> . 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

    [[Page 132 STAT. 285]]

                          underserved populations in urban areas which may
                          be expected to use the services provided by the
                          applicants is not less than two to three or
                          greater than three to two.
                              ``(iv) Service area overlap.--If in carrying
                          out clause (i) the applicant proposes to serve an
                          area that is currently served by another health
                          center funded under this section, the Secretary
                          may consider whether the award of funding to an
                          additional health center in the area can be
                          justified based on the unmet need for additional
                          services within the catchment area.
                        ``(B) Approval of expanded service applications.--
                              ``(i) In general.--The Secretary may approve
                          applications for grants under subparagraph (A) or
                          (B) of paragraph (1) to expand the capacity of the
                          applicant to provide required primary health
                          services described in subsection (b)(1) or
                          additional health services described in subsection
                          (b)(2).
                              ``(ii) Priority expansion projects.--In
                          carrying out clause (i), the Secretary may give
                          special consideration to expanded service
                          applications that seek to address emerging public
                          health or behavioral health, mental health, or
                          substance abuse issues through increasing the
                          availability of additional health services
                          described in subsection (b)(2) in an area in which
                          there are significant barriers to accessing care.
                              ``(iii) Consideration of applications.--In
                          carrying out clause (i), the Secretary shall
                          approve applications for grants in such a manner
                          that the ratio of the medically underserved
                          populations in rural areas which may be expected
                          to use the services provided by the applicants
                          involved to the medically underserved populations
                          in urban areas which may be expected to use the
                          services provided by such applicants is not less
                          than two to three or greater than three to two.'';
                (8) in subsection (h)--
                        (A) in paragraph (1), by striking ``and children and
                    youth at risk of homelessness'' and inserting ``,
                    children and youth at risk of homelessness, homeless
                    veterans, and veterans at risk of homelessness''; and
                        (B) in paragraph (5)--
                              (i) by striking subparagraph (B);
                              (ii) by redesignating subparagraph (C) as
                          subparagraph (B); and
                              (iii) in subparagraph (B) (as so
                          redesignated)--
                                        (I) in the subparagraph heading, by
                                    striking ``abuse'' and inserting ``use
                                    disorder''; and
                                        (II) by striking ``abuse'' and
                                    inserting ``use disorder'';
                (9) in subsection (k)--
                        (A) in paragraph (2)--
                              (i) in the paragraph heading, by inserting
                          ``unmet'' before ``need'';
                              (ii) in the matter preceding subparagraph (A),
                          by inserting ``or subsection (e)(6)'' after
                          ``subsection (e)(1)'';

    [[Page 132 STAT. 286]]

                              (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 <<NOTE: Waiver. Time period.>>  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--

    [[Page 132 STAT. 287]]

                        ``(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.-- <<NOTE: Appropriation authorization.>> 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--

    [[Page 132 STAT. 288]]

                        ``(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

    [[Page 132 STAT. 289]]

            terms are used or defined in section 340H of the Public Health
            Service Act (42 U.S.C. 256h)).
                (5) Definition.--Subsection (j) of section 340H of the
            Public Health Service Act (42 U.S.C. 256h) is amended--
                        (A) by redesignating paragraphs (2) and (3) as
                    paragraphs (3) and (4), respectively; and
                        (B) by inserting after paragraph (1) the following:
                ``(2) New approved graduate medical residency training
            program.--The term `new approved graduate medical residency
            training program' means an approved graduate medical residency
            training program for which the sponsoring qualified teaching
            health center has not received a payment under this section for
            a previous fiscal year (other than pursuant to subsection
            (a)(1)(C)).''.
                (6) Technical correction.--Subsection (f) of section 340H
            (42 U.S.C. 256h) is amended by striking ``hospital'' each place
            it appears and inserting ``teaching health center''.
                (7) <<NOTE: Applicability. 42 USC 256h note.>> 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. <<NOTE: Time periods.>> 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--

    [[Page 132 STAT. 290]]

                (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 <<NOTE: Applicability.>> 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) <<NOTE: Notice. Regulations.>> Behavior
                    assumptions and adjustments.--
                              ``(i) <<NOTE: Deadline. Determination.>> 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)).

    [[Page 132 STAT. 291]]

                              ``(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)). <<NOTE: Applicability.>> 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) <<NOTE: Recommenda- tions.>> 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).

    [[Page 132 STAT. 292]]

                (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) <<NOTE: Deadline.>> 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. <<NOTE: Certification.>> 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 132 STAT. 293]]

    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) <<NOTE: Time periods.>> 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) <<NOTE: Time periods.>> 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'';

    [[Page 132 STAT. 294]]

                              (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) <<NOTE: Determination.>> .
                                    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.--
                          <<NOTE: Determination.>> 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

    [[Page 132 STAT. 295]]

                        (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) <<NOTE: Deadline. Web
                    posting.>> 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) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Determination.>> 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.''.

    [[Page 132 STAT. 296]]

    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) <<NOTE: Applicability. 42 USC 1395f note.>> 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), <<NOTE: 128 Stat. 2057.>>  is amended--
                (1) in the section heading, by striking ``2016'' and
            inserting ``2017''; and
                (2) by striking ``and 2016'' and inserting ``2016, and
            2017''.

    [[Page 132 STAT. 297]]

    SEC. 51008. ALLOWING PHYSICIAN ASSISTANTS, NURSE PRACTITIONERS,
                                AND CLINICAL NURSE SPECIALISTS TO
                                SUPERVISE CARDIAC, INTENSIVE CARDIAC,
                                AND PULMONARY REHABILITATION PROGRAMS.

        (a) Cardiac and Intensive Cardiac Rehabilitation Programs.--Section
    1861(eee) of the Social Security Act (42 U.S.C. 1395x(eee)) is amended--
                (1) in paragraph (1)--
                        (A) by striking ``physician-supervised''; and
                        (B) by inserting ``under the supervision of a
                    physician (as defined in subsection (r)(1)) or a
                    physician assistant, nurse practitioner, or clinical
                    nurse specialist (as those terms are defined in
                    subsection (aa)(5))'' before the period at the end;
                (2) in paragraph (2)--
                        (A) in subparagraph (A)(iii), by striking the period
                    at the end and inserting a semicolon; and
                        (B) in subparagraph (B), by striking ``a physician''
                    and inserting ``a physician (as defined in subsection
                    (r)(1)) or a physician assistant, nurse practitioner, or
                    clinical nurse specialist (as those terms are defined in
                    subsection (aa)(5))''; and
                (3) in paragraph (4)(A), in the matter preceding clause
            (i)--
                        (A) by striking ``physician-supervised''; and
                        (B) by inserting ``under the supervision of a
                    physician (as defined in subsection (r)(1)) or a
                    physician assistant, nurse practitioner, or clinical
                    nurse specialist (as those terms are defined in
                    subsection (aa)(5))'' after ``paragraph (3)''.

        (b) Pulmonary Rehabilitation Programs.--Section 1861(fff)(1) of the
    Social Security Act (42 U.S.C. 1395x(fff)(1)) is amended--
                (1) by striking ``physician-supervised''; and
                (2) by inserting ``under the supervision of a physician (as
            defined in subsection (r)(1)) or a physician assistant, nurse
            practitioner, or clinical nurse specialist (as those terms are
            defined in subsection (aa)(5))'' before the period at the end.

        (c) <<NOTE: Applicability. 42 USC 1395x note.>> 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''.

    [[Page 132 STAT. 298]]

              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) <<NOTE: 42 USC
            1395kkk note.>>  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) <<NOTE: 42 USC 1396a note.>>  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) <<NOTE: Applicability.>>  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

    [[Page 132 STAT. 299]]

            any amendments made by such subsection) <<NOTE: 42 USC 1396a and
            note, 1396k, 1396p.>>  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) <<NOTE: 42 USC 1396a note.>> Effective Date.--The amendments
    made by subsection (a) shall take effect on October 1, 2019.''.
                (3) <<NOTE: Applicability.>> 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''.

    [[Page 132 STAT. 300]]

    SEC. 53103. <<NOTE: 42 USC 1396a note.>> 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) <<NOTE: Determination. Time
                          periods.>> 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) <<NOTE: Applicability.>>  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) <<NOTE: Determination.>> 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

    [[Page 132 STAT. 301]]

                          assistance under the State plan (or a waiver of
                          such plan) by reason of clause (i)--
                                        ``(I) before the date on which the
                                    individual loses such eligibility,
                                    inform the individual--
                                                ``(aa) of the individual's
                                            opportunity to enroll in a
                                            qualified health plan offered
                                            through an Exchange established
                                            under title I of the Patient
                                            Protection and Affordable Care
                                            Act during the special
                                            enrollment period specified in
                                            section 9801(f)(3) of the
                                            Internal Revenue Code of 1986
                                            (relating to loss of Medicaid or
                                            CHIP coverage); and
                                                ``(bb) of the date on which
                                            the individual would no longer
                                            be considered ineligible by
                                            reason of clause (i) to receive
                                            medical assistance under the
                                            State plan or under any waiver
                                            of such plan and be eligible to
                                            reapply to receive such medical
                                            assistance; and
                                        ``(II) provide technical assistance
                                    to the individual seeking to enroll in
                                    such a qualified health plan.
                              ``(v) Qualified lottery winnings defined.--In
                          this subparagraph, the term `qualified lottery
                          winnings' means winnings from a sweepstakes,
                          lottery, or pool described in paragraph (3) of
                          section 4402 of the Internal Revenue Code of 1986
                          or a lottery operated by a multistate or
                          multijurisdictional lottery association, including
                          amounts awarded as a lump sum payment.
                              ``(vi) Qualified lump sum income defined.--In
                          this subparagraph, the term `qualified lump sum
                          income' means income that is received as a lump
                          sum from monetary winnings from gambling (as
                          defined by the Secretary and including gambling
                          activities described in section 1955(b)(4) of
                          title 18, United States Code).''.

        (b) <<NOTE: 42 USC 1396a note.>> 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

    [[Page 132 STAT. 302]]

            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) <<NOTE: Applicability. 42 USC 1396r-8 note.>>  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''.

    [[Page 132 STAT. 303]]

    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) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>>  <<NOTE: Notice. Regulation.>>
                    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) <<NOTE: Notice. Regulation.>>  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;

    [[Page 132 STAT. 304]]

                        (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) <<NOTE: Deadline.>>  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

    [[Page 132 STAT. 305]]

                (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) <<NOTE: Contracts.>> 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) <<NOTE: Effective date.>> on
                                    or after January 1, 2019, the Secretary
                                    approves a request from the organization
                                    to consolidate the plans under one or
                                    more contract (in this subparagraph
                                    referred to as a `closed contract') with
                                    the plans offered under a separate
                                    contract (in this subparagraph referred
                                    to as the `continuing contract');
                          with respect to the continuing contract, the
                          Secretary shall adjust the quality rating under
                          the 5-star rating system and any quality increase
                          under this subsection and rebate amounts under
                          section 1854 to reflect an enrollment-weighted
                          average of scores or ratings for the continuing
                          and closed contracts, as determined appropriate by
                          the Secretary.
                              ``(ii) Application.--An adjustment under
                          clause (i) shall apply for any year for which the
                          quality rating of the continuing contract is based
                          primarily on a measurement period that is prior to
                          the first year in which a closed contract is no
                          longer offered.''.
    SEC. 53113. SUNSETTING EXCLUSION OF BIOSIMILARS FROM MEDICARE PART
                                D COVERAGE GAP DISCOUNT PROGRAM.

        Section 1860D-14A(g)(2)(A) of the Social Security Act (42 U.S.C.
    1395w-114a(g)(2)(A)) is amended by inserting ``, with respect to a plan
    year before 2019,'' after ``other than''.
    SEC. 53114. ADJUSTMENTS TO MEDICARE PART B AND PART D PREMIUM
                                SUBSIDIES FOR HIGHER INCOME
                                INDIVIDUALS.

        (a) In General.--Section 1839(i)(3)(C)(i) of the Social Security Act
    (42 U.S.C. 1395r(i)(3)(C)(i)) is amended--
                (1) in subclause (II), in the matter preceding the table, by
            striking ``years beginning with''; and
                (2) by adding at the end the following new subclause:
                                        ``(III) Subject to paragraph (5),
                                    for years beginning with 2019:

    [[Page 132 STAT. 306]]

    ``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: <<NOTE: Applicability.>>  ``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) <<NOTE: Time periods.>> 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--

    [[Page 132 STAT. 307]]

                                                ``(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) <<NOTE: 42 USC 654 note.>>  Effective Date.--
                (1) <<NOTE: Applicability.>> 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) <<NOTE: Determination.>> 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. <<NOTE: Time period.>>  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) <<NOTE: Applicability. 42 USC 1382 note.>> 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.

    [[Page 132 STAT. 308]]

    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-- <<NOTE: Improvements to Agriculture Programs Act of 2018. 7
    USC 9011 note.>> 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) <<NOTE: Effective date.>>  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:

    [[Page 132 STAT. 309]]

                ``(4) Seed cotton.--
                        ``(A) <<NOTE: Deadline.>> In general.--Not later
                    than 90 days after the date of enactment of this
                    paragraph, the Secretary shall require the owner of a
                    farm to allocate all generic base acres on the farm
                    under subparagraph (B) or (C), or both.
                        ``(B) No recent history of covered commodities.--In
                    the case of a farm on which no covered commodities
                    (including seed cotton) were planted or were prevented
                    from being planted at any time during the 2009 through
                    2016 crop years, the owner of such farm shall allocate
                    generic base acres on the farm to unassigned crop base
                    for which no payments may be made under section 1116 or
                    1117.
                        ``(C) Recent history of covered commodities.--In the
                    case of a farm not described in subparagraph (B), the
                    owner of such farm shall allocate generic base acres on
                    the farm--
                              ``(i) subject to subparagraph (D), to seed
                          cotton base acres in a quantity equal to the
                          greater of--
                                        ``(I) 80 percent of the generic base
                                    acres on the farm; or
                                        ``(II) the average number of seed
                                    cotton acres planted or prevented from
                                    being planted on the farm during the
                                    2009 through 2012 crop years (not to
                                    exceed the total generic base acres on
                                    the farm); or
                              ``(ii) to base acres for covered commodities
                          (including seed cotton), by applying subparagraphs
                          (B), (D), (E), and (F) of section 1112(a)(3).
                        ``(D) Treatment of residual generic base acres.--In
                    the case of a farm on which generic base acres are
                    allocated under subparagraph (C)(i), the residual
                    generic base acres shall be allocated to unassigned crop
                    base for which no payments may be made under section
                    1116 or 1117.
                        ``(E) Effect of failure to allocate.--In the case of
                    a farm not described in subparagraph (B) for which the
                    owner of the farm fails to make an election under
                    subparagraph (C), the owner of the farm shall be deemed
                    to have elected to allocate all generic base acres in
                    accordance with subparagraph (C)(i).''.
                (6) Recordkeeping regarding unassigned crop base.--Section
            1114 of the Agricultural Act of 2014 (7 U.S.C. 9014) is amended
            by adding at the end the following:

        ``(f) Unassigned Crop Base.--The Secretary shall maintain
    information on generic base acres on a farm allocated as unassigned crop
    base under subsection (b)(4).''.
                (7) Special election period for price loss coverage or
            agriculture risk coverage.--Section 1115 of the Agricultural Act
            of 2014 (7 U.S.C. 9015) is amended--
                        (A) in subsection (a), by striking ``For'' and
                    inserting ``Except as provided in subsection (g), for'';
                    and
                        (B) by adding at the end the following:

        ``(g) Special Election.--
                ``(1) In general.--In the case of acres allocated to seed
            cotton on a farm, all of the producers on the farm shall be
            given the opportunity to make a new 1-time election under

    [[Page 132 STAT. 310]]

            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) <<NOTE: Effective date.>>  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).''.

    [[Page 132 STAT. 311]]

                (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) <<NOTE: 7 USC 9011 note.>>  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) <<NOTE: Applicability. Effective date. 7 USC 9011
            note.>> 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.--
            <<NOTE: Deadline. Determination.>> 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:

    [[Page 132 STAT. 312]]

                ``(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) <<NOTE: 7 USC 9051 note.>> 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) <<NOTE: Time period. Payments. Contracts.>> 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)--

    [[Page 132 STAT. 313]]

                        (A) in the matter preceding paragraph (1), by
                    striking ``2018'' and inserting ``2018 (and fiscal year
                    2019 in the case of the program specified in paragraph
                    (5))''; and
                        (B) in paragraph (5)(E), by striking ``fiscal year
                    2018'' and inserting ``each of fiscal years 2018 through
                    2019''; and
                (2) in subsection (b), by striking ``2018'' and inserting
            ``2018 (and fiscal year 2019 in the case of the program
            specified in subsection (a)(5))''.

        This division may be cited as the ``Improvements to Agriculture
    Programs Act of 2018''.

                          DIVISION G--BUDGETARY EFFECTS

    SEC. 70101. BUDGETARY EFFECTS.

        (a) In General.--The budgetary effects of division A, subdivision 2
    of division B, and division C and each succeeding division shall not be
    entered on either PAYGO scorecard maintained pursuant to section 4(d) of
    the Statutory Pay-As-You-Go Act of 2010.
        (b) Senate Paygo Scorecards.--The budgetary effects of division A,
    subdivision 2 of division B, and division C and each succeeding division
    shall not be entered on any PAYGO scorecard maintained for purposes of
    section 4106 of H. Con. Res. 71 (115th Congress).
        (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
    the Budget Scorekeeping Guidelines set forth in the joint explanatory
    statement of the committee of conference accompanying Conference Report
    105-217 and section 250(c)(8) of the Balanced Budget and Emergency
    Deficit Control Act of 1985, the budgetary effects of division A,
    subdivision 2 of division B, and division C and each succeeding division
    shall not be estimated--
                (1) for purposes of section 251 of such Act; and
                (2) for purposes of paragraph (4)(C) of section 3 of the
            Statutory Pay-As-You-Go Act of 2010 as being included in an
            appropriation Act.

        Approved February 9, 2018.

    LEGISLATIVE HISTORY--H.R. 1892:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 115-119 (Comm. on the Judiciary).
    CONGRESSIONAL RECORD:
                                                            Vol. 163 (2017):
                                        May 16, 18, considered and passed
                                            House.
                                        Nov. 28, considered and passed
                                            Senate, amended.
                                                            Vol. 164 (2018):
                                        Feb. 6, House concurred in Senate
                                            amendment with an amendment.
                                        Feb. 7, Senate considered concurring
                                            in House amendment with an
                                            amendment.
                                        Feb. 8, Senate concurred in House
                                            amendment with an amendment.
                                            House concurred in Senate
                                            amendment.

                                      <all>