    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. <>  SHORT TITLE.

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

    DIVISION A-- <> HONORING HOMETOWN
    HEROES ACT
    SECTION 10101. <>  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) <>  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.

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

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

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

    TITLE I

    DEPARTMENT OF AGRICULTURE

    AGRICULTURAL PROGRAMS

    Processing, Research and Marketing

    Office of the Secretary

    For an additional amount for the ``Office of the Secretary'',
    $2,360,000,000, which shall remain available until December 31, 2019,
    for necessary expenses related to crops, trees, bushes, and vine losses
    related to the consequences of Hurricanes Harvey, Irma, Maria, and other
    hurricanes and wildfires occurring in calendar year 2017 under such
    terms and conditions as determined by the Secretary:  Provided, That the
    Secretary may provide assistance for such losses in the form of block
    grants to eligible states and territories:  Provided further, That the
    total amount of payments received under this heading and applicable
    policies of crop insurance under the Federal Crop Insurance Act (7
    U.S.C. 1501 et seq.) or the Noninsured Crop Disaster Assistance Program
    (NAP) under section 196 of the Federal Agriculture Improvement and
    Reform Act of 1996 (7 U.S.C. 7333) shall not exceed 85 percent of the
    loss as determined by the Secretary:  Provided further, That the total
    amount of payments received under this heading for producers who did not
    obtain a policy or plan of insurance for an insurable commodity for the
    2017 crop year, or 2018 crop year as applicable, under the Federal Crop
    Insurance Act (7 U.S.C. 1501 et seq.) for the crop incurring the losses
    or did not file the required paperwork and pay the service fee by the
    applicable State filing deadline for a noninsurable commodity for the
    2017 crop year, or 2018 crop year as applicable, under NAP for the crop
    incurring the losses shall not exceed 65 percent of the loss as
    determined by the Secretary:  Provided further, That producers receiving
    payments under this heading, as determined by the Secretary, shall be
    required to purchase crop insurance where crop insurance is available
    for the next two available crop years, and producers receiving payments
    under this heading shall be required to purchase coverage under NAP
    where crop insurance is not available in the next two available crop
    years, as determined by the Secretary:  Provided
    further, <>  That, not later than 90 days after the end
    of fiscal year 2018, the Secretary shall submit a report to the Congress
    specifying the type, amount, and method of such assistance by state and
    territory and the status of the amounts obligated and plans for

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    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.

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    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))

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    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--

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

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

    (e) <>
    Section 1501 of the Agricultural Act of 2014 (7 U.S.C. 9081), as amended
    by this section, shall apply with respect to losses described in such
    section 1501 incurred on or after January 1, 2017.

    (f) The amounts provided by subsections (a) through (e) for fiscal
    year 2018 are designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

    TITLE II

    DEPARTMENT OF COMMERCE

    Economic Development Administration

    economic development assistance programs

    (including transfers of funds)

    Pursuant to section 703 of the Public Works and Economic Development
    Act (42 U.S.C. 3233), for an additional amount for ``Economic
    Development Assistance Programs'' for necessary expenses related to
    flood mitigation, disaster relief, long-term recovery, and restoration
    of infrastructure in areas that received a major disaster designation as
    a result of Hurricanes Harvey, Irma, and Maria, and of wildfires and
    other natural disasters occurring in calendar year 2017 under the Robert
    T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
    et seq.), $600,000,000, to remain available until expended:  Provided,
    That

    [[Page 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, <>  That the
    National Oceanic and Atmospheric Administration shall submit a spending
    plan to the Committees on Appropriations of the House of Representatives
    and the Senate within 45 days after the date of enactment of this
    subdivision.

    procurement, acquisition and construction

    For an additional amount for ``Procurement, Acquisition and
    Construction'' for necessary expenses related to the consequences of
    Hurricanes Harvey, Irma, and Maria, $79,232,000, to remain available
    until September 30, 2020, as follows:
    (1) $29,232,000 for repair and replacement of Federal real
    property and observing assets; and
    (2) $50,000,000 for improvements to operational and research
    weather supercomputing infrastructure and for improvement of
    satellite ground services used in hurricane intensity and track
    prediction:

    Provided, That the amount provided under this heading is designated by
    the Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985:  Provided further, <>  That the
    National Oceanic and Atmospheric Administration shall submit a spending
    plan to the Committees on Appropriations of the House of Representatives
    and the Senate within 45 days after the date of enactment of this
    subdivision.

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    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.

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    buildings and facilities

    For an additional amount for ``Buildings and Facilities'' for
    necessary expenses related to the consequences of Hurricanes Harvey,
    Irma, and Maria, $34,000,000, to remain available until expended:
    Provided, That the amount provided under this heading is designated by
    the Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

    SCIENCE

    National Aeronautics and Space Administration

    construction and environmental compliance and restoration

    For an additional amount for ``Construction and Environmental
    Compliance and Restoration'' for repairs at National Aeronautics and
    Space Administration facilities damaged by hurricanes during 2017,
    $81,300,000, to remain available until expended:  Provided, That the
    amount provided under this heading is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

    National Science Foundation

    research and related activities

    For an additional amount for ``Research and Related Activities'' for
    necessary expenses to repair National Science Foundation radio
    observatory facilities damaged by hurricanes that occurred during 2017,
    $16,300,000, to remain available until expended:  Provided, That the
    amount provided under this heading is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985:
    Provided further, <>  That the National
    Science Foundation shall submit a spending plan to the Committees on
    Appropriations of the House of Representatives and the Senate within 45
    days after the date of enactment of this subdivision.

    RELATED AGENCIES

    Legal Services Corporation

    payment to the legal services corporation

    For an additional amount for ``Payment to the Legal Services
    Corporation'' to carry out the purposes of the Legal Services
    Corporation Act by providing for necessary expenses related to the
    consequences of Hurricanes Harvey, Irma, and Maria and of the calendar
    year 2017 wildfires, $15,000,000:  Provided, That the amount made
    available under this heading shall be used only to provide the mobile
    resources, technology, and disaster coordinators necessary to provide
    storm-related services to the Legal Services Corporation client
    population and only in the areas significantly affected by Hurricanes
    Harvey, Irma, and Maria and by the calendar year 2017 wildfires:
    Provided further, That such amount

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    is designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985:  Provided further, That none of the funds
    appropriated in this subdivision to the Legal Services Corporation shall
    be expended for any purpose prohibited or limited by, or contrary to any
    of the provisions of, sections 501, 502, 503, 504, 505, and 506 of
    Public Law 105-119, and all funds appropriated in this subdivision to
    the Legal Services Corporation shall be subject to the same terms and
    conditions set forth in such sections, except that all references in
    sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead
    to 2017 and 2018, respectively, and except that sections 501 and 503 of
    Public Law 104-134 (referenced by Public Law 105-119) shall not apply to
    the amount made available under this heading:  Provided further, That,
    for the purposes of this subdivision, the Legal Services Corporation
    shall be considered an agency of the United States Government.

    GENERAL PROVISION--THIS TITLE

    Sec. 20201. <>  (a) In recognition of the
    consistency of the Mid-Barataria Sediment Diversion, Mid-Breton Sound
    Sediment Diversion, and Calcasieu Ship Channel Salinity Control Measures
    projects, as selected by the 2017 Louisiana Comprehensive Master Plan
    for a Sustainable Coast, with the findings and policy declarations in
    section 2(6) of the Marine Mammal Protection Act (16 U.S.C. 1361 et
    seq., as amended) regarding maintaining the health and stability of the
    marine ecosystem, within 120 days of the enactment of this section, the
    Secretary of Commerce shall issue a waiver pursuant to section
    101(a)(3)(A) and this section to section 101(a) and section 102(a) of
    the Act, for such projects that will remain in effect for the duration
    of the construction, operations and maintenance of the projects. No
    rulemaking, permit, determination, or other condition or limitation
    shall be required when issuing a waiver pursuant to this section.

    (b) <>  Upon issuance of a waiver
    pursuant to this section, the State of Louisiana shall, in consultation
    with the Secretary of Commerce:
    (1) To the extent practicable and consistent with the
    purposes of the projects, minimize impacts on marine mammal
    species and population stocks; and
    (2) Monitor and evaluate the impacts of the projects on such
    species and population stocks.

    TITLE III

    DEPARTMENT OF DEFENSE

    DEPARTMENT OF DEFENSE--MILITARY

    OPERATION AND MAINTENANCE

    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'',
    $20,110,000, for necessary expenses related to the consequences of
    Hurricanes Harvey, Irma, and Maria:  Provided, That

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    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.

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    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 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, <>  That the Assistant Secretary of the Army
    for Civil Works shall provide a monthly report to the Committees on
    Appropriations of the House of Representatives and the Senate detailing
    the allocation and obligation of these funds, including new studies
    selected to be initiated using funds provided under this heading,
    beginning not later than 60 days after the enactment of this
    subdivision.

    construction

    For an additional amount for ``Construction'' for necessary expenses
    to address emergency situations at Corps of Engineers projects, and to
    construct, and rehabilitate and repair damages caused by natural
    disasters, to Corps of Engineers projects, $15,055,000,000, to remain
    available until expended:  Provided, <>  That of
    such amount, $15,000,000,000 is available to construct flood and storm
    damage reduction, including shore protection, projects which are
    currently authorized or which are authorized after the date of enactment
    of this subdivision, and flood and storm damage reduction, including
    shore protection, projects which have signed Chief's Reports as of the
    date of enactment of this subdivision or which are studied using funds
    provided under the heading ``Investigations'' if the Secretary
    determines such projects to be technically feasible, economically
    justified, and environmentally acceptable, in States and insular areas
    with more than one flood-related major disaster declared pursuant to the
    Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5121 et seq.) in calendar years 2014, 2015, 2016, or 2017:
    Provided further, That of the amounts in the preceding proviso, not less
    than $10,425,000,000 shall be available for such projects within States
    and insular areas that were impacted by Hurricanes Harvey, Irma, and
    Maria:  Provided further, <>  That
    all repair, rehabilitation, study, design, and

    [[Page 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, <>  That using funds provided under this
    heading, the non-Federal cash contribution for projects eligible for
    funding pursuant to the first proviso shall be financed in accordance
    with the provisions of section 103(k) of Public Law 99-662 over a period
    of 30 years from the date of completion of the project or separable
    element:  Provided further, That up to $50,000,000 of the funds made
    available under this heading shall be used for continuing authorities
    projects to reduce the risk of flooding and storm damage:  Provided
    further, That any projects using funds appropriated under this heading
    shall be initiated only after non-Federal interests have entered into
    binding agreements with the Secretary requiring, where applicable, the
    non-Federal interests to pay 100 percent of the operation, maintenance,
    repair, replacement, and rehabilitation costs of the project and to hold
    and save the United States free from damages due to the construction or
    operation and maintenance of the project, except for damages due to the
    fault or negligence of the United States or its contractors:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985:  Provided
    further, <>  That the Assistant Secretary of the Army
    for Civil Works shall provide a monthly report to the Committees on
    Appropriations of the House of Representatives and the Senate detailing
    the allocation and obligation of these funds, beginning not later than
    60 days after the enactment of this subdivision.

    mississippi river and tributaries

    For an additional amount for ``Mississippi River and Tributaries''
    for necessary expenses to address emergency situations at Corps of
    Engineers projects, and to construct, and rehabilitate and repair
    damages to Corps of Engineers projects, caused by natural disasters,
    $770,000,000, to remain available until expended:  Provided, That of
    such amount, $400,000,000 is available to construct flood and storm
    damage reduction projects which are currently authorized or which are
    authorized after the date of enactment of this subdivision:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985:  Provided
    further, <>  That the Assistant Secretary of the Army
    for Civil Works shall provide a monthly report to the Committees on
    Appropriations of the House of Representatives and the Senate detailing
    the allocation and obligation of these funds, beginning not later than
    60 days after the enactment of this subdivision.

    [[Page 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, <>  That the Assistant Secretary of the Army
    for Civil Works shall provide a monthly report to the Committees on
    Appropriations of the House of Representatives and the Senate detailing
    the allocation and obligation of these funds, beginning not later than
    60 days after the enactment of this subdivision.

    flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal
    Emergencies'', as authorized by section 5 of the Act of August 18, 1941
    (33 U.S.C. 701n), for necessary expenses to prepare for flood, hurricane
    and other natural disasters and support emergency operations, repairs,
    and other activities in response to such disasters, as authorized by
    law, $810,000,000, to remain available until expended:  Provided, That
    funding utilized for authorized shore protection projects shall restore
    such projects to the full project profile at full Federal expense:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985:
    Provided further, <>  That the Assistant Secretary of
    the Army for Civil Works shall provide a monthly report to the
    Committees on Appropriations of the House of Representatives and the
    Senate detailing the allocation and obligation of these funds, beginning
    not later than 60 days after the enactment of this subdivision.

    expenses

    For an additional amount for ``Expenses'' for necessary expenses to
    administer and oversee the obligation and expenditure of amounts
    provided in this title for the Corps of Engineers, $20,000,000, to
    remain available until expended:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985:  Provided further, <>  That
    the Assistant Secretary of the Army for Civil Works shall provide a
    monthly report to the Committees on Appropriations of the House of
    Representatives and the Senate detailing the allocation and obligation
    of these funds, beginning not later than 60 days after enactment of this
    subdivision.

    [[Page 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. <>   In fiscal year 2018,
    and each fiscal year thereafter, the Chief of Engineers of the U.S. Army
    Corps of Engineers shall transmit to the Congress, after reasonable
    opportunity for comment, but without change, by the Assistant Secretary
    of the Army for Civil Works, a monthly report, the first of which shall
    be transmitted to Congress not later than 2 days after the date of
    enactment of this subdivision and monthly thereafter, which includes
    detailed estimates of damages to each Corps of Engineers project, caused
    by natural disasters or otherwise.

    Sec. 20402.  From the unobligated balances of amounts made available
    to the U.S. Army Corps of Engineers, $518,900,000 under the heading
    ``Corps of Engineers--Civil, Flood Control and Coastal Emergencies'' and
    $210,000,000 under the heading ``Corps of Engineers--Civil, Operations
    and Maintenance'' in title X of the Disaster Relief Appropriations Act,
    2013 (Public Law 113-2; 127 Stat. 25) shall be transferred to ``Corps of
    Engineers--Civil, Construction'', to remain available until expended, to
    rehabilitate, repair and construct Corps of Engineers projects:
    Provided, That those projects may only include construction expenses,
    including cost sharing, as described under the heading ``Corps of
    Engineers--Civil, Construction'' in title X of that Act or other
    construction expenses related to the consequences of Hurricane Sandy:
    Provided further, That amounts transferred pursuant to this section that
    were previously designated by the Congress as an emergency requirement
    pursuant to the Balanced Budget and Emergency Deficit Control Act are
    designated by the Congress as an emergency requirement pursuant to
    section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
    Control Act of 1985:  Provided further, <>  That the
    Assistant Secretary of the Army for Civil Works shall provide a monthly
    report to the Committees on Appropriations of the House of
    Representatives and the Senate detailing the allocation and

    [[Page 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 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, <>  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 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, <>  That, not later than 60
    days after enactment of this subdivision, the Secretary

    [[Page 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

    <> For an
    additional amount for ``Disaster Relief Fund'' for major disasters
    declared pursuant to the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5121 et seq.), $23,500,000,000, to
    remain available until expended:  Provided, <>  That the
    Administrator of the Federal Emergency Management Agency shall publish
    on the Agency's website not later than 5 days after an award of a public
    assistance grant under section 406 or 428 of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172 or 5189f)
    that is in excess of $1,000,000, the specifics of each such grant award:
    Provided further, That for any mission assignment or mission assignment
    task order to another Federal department or agency regarding a major
    disaster in excess of $1,000,000, not later than 5 days after the
    issuance of such mission assignment or mission assignment task order,
    the Administrator shall publish on the Agency's website the following:
    the name of the impacted State, the disaster declaration for such State,
    the assigned agency, the assistance requested, a description of the
    disaster, the total cost estimate, and the amount obligated:  Provided
    further, <>  That not later than 10 days after the last
    day of each month until a mission assignment or mission assignment task
    order described in the preceding proviso is completed and closed out,
    the Administrator shall update any changes to the total cost estimate
    and the amount obligated:  Provided further, That <>  for a disaster declaration
    related to Hurricanes Harvey, Irma,

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

    Sec. 20603.  The third proviso of the second paragraph in title I of
    Public Law 115-72 under the heading ``Federal Emergency Management
    Agency--Disaster Relief Fund'' <>  shall be
    amended by striking ``180 days'' and inserting ``365 days'':  Provided,
    That amounts repurposed pursuant to this section that were previously
    designated by the Congress as an emergency requirement pursuant to the
    Balanced Budget and Emergency Deficit Control Act are designated by the
    Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

    Sec. 20604. (a) Definition of Private Nonprofit Facility.--Section
    102(11)(B) of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5122(11)(B)) is amended to read as follows:
    ``(A) In general.--The term `private nonprofit
    facility' means private nonprofit educational (without
    regard to the religious character of the facility),
    utility, irrigation, emergency, medical,
    rehabilitational, and temporary or permanent custodial
    care facilities (including those for the aged and
    disabled) and facilities on Indian reservations, as
    defined by the President.
    ``(B) Additional facilities.--In addition to the
    facilities described in subparagraph (A), the term
    `private nonprofit facility' includes any private
    nonprofit facility that provides essential social
    services to the general public (including museums, zoos,
    performing arts facilities, community arts centers,
    community centers, libraries, homeless shelters, senior
    citizen centers, rehabilitation facilities, shelter
    workshops, broadcasting facilities, houses of worship,
    and facilities that provide health and safety services
    of a governmental nature), as defined by the President.
    No house of worship may be excluded from this definition
    because leadership or membership in the

    [[Page 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) <>  Applicability.--This section and
    the amendments made by this section shall apply--
    (1) <>  to the provision of
    assistance in response to a major disaster or emergency declared
    on or after August 23, 2017; or
    (2) with respect to--
    (A) any application for assistance that, as of the
    date of enactment of this Act, is pending before Federal
    Emergency Management Agency; and
    (B) any application for assistance that has been
    denied, where a challenge to that denial is not yet
    finally resolved as of the date of enactment of this
    Act.

    Sec. 20605. (a) The Federal share of assistance, including direct
    Federal assistance, provided under section 407 of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5173), with
    respect to a major disaster declared pursuant to such Act for damages
    resulting from a wildfire in calendar year 2017, shall be 90 percent of
    the eligible costs under such section.
    (b) <>  The Federal share
    provided by subsection (a) shall apply to assistance provided before,
    on, or after the date of enactment of this Act.

    federal cost-share adjustments for repair, restoration, and replacement
    of damaged facilities

    Sec. 20606.  Section 406(b) of the Robert T. Stafford Disaster
    Relief and Emergency Assistance Act (42 U.S.C. 5172(b)) is amended by
    inserting after paragraph (2) the following:
    ``(3) Increased federal share.--
    ``(A) Incentive measures.--The President may provide
    incentives to a State or Tribal government to invest in
    measures that increase readiness for, and resilience
    from, a major disaster by recognizing such investments
    through a sliding scale that increases the minimum
    Federal share to 85 percent. Such measures may include--
    ``(i) the adoption of a mitigation plan
    approved under section 322;
    ``(ii) investments in disaster relief,
    insurance, and emergency management programs;

    [[Page 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) <>  Comprehensive
    guidance.--Not later than 1 year after the date of
    enactment of this paragraph, the President, acting
    through the Administrator, shall issue comprehensive
    guidance to State and Tribal governments regarding the
    measures and investments, weighted appropriately based
    on actuarial assessments of eligible actions, that will
    be recognized for the purpose of increasing the Federal
    share under this section. Guidance shall ensure that the
    agency's review of eligible measures and investments
    does not unduly delay determining the appropriate
    Federal cost share.
    ``(C) Report.--One year after the issuance of the
    guidance required by subparagraph (B), the Administrator
    shall submit to the Committee on Transportation and
    Infrastructure of the House of Representatives and the
    Committee on Homeland Security and Governmental Affairs
    of the Senate a report regarding the analysis of the
    Federal cost shares paid under this section.
    ``(D) Savings clause.--Nothing in this paragraph
    prevents the President from increasing the Federal cost
    share above 85 percent.''.

    Sec. 20607.  Division F of the Consolidated Appropriations Act,
    2017, <>  is amended by inserting the following at
    the end of Title V:

    ``Sec. 545. (a) Premium Pay Authority.--During calendar year 2017,
    any premium pay that is funded, either directly or through
    reimbursement, by the `Federal Emergency Management Agency--Disaster
    Relief Fund' shall be exempted from the aggregate of basic pay and
    premium pay calculated under section 5547(a) of title 5, United States
    Code, and any other provision of law limiting the aggregate amount of
    premium pay payable on a biweekly or calendar year basis.
    ``(b) Overtime Authority.--During calendar year 2017, any overtime
    that is funded, either directly or through reimbursement, by the
    `Federal Emergency Management Agency--Disaster Relief Fund' shall be
    exempted from any annual limit on the amount of overtime payable in a
    calendar or fiscal year.
    ``(c) Applicability of Aggregate Limitation on Pay.--In determining
    whether an employee's pay exceeds the applicable annual rate of basic
    pay payable under section 5307 of title 5, United States Code, the head
    of an Executive agency shall not include pay exempted under this
    section.

    [[Page 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 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 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 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 <>  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 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 <>  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 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 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 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) <>  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 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 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 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) <>  the Secretary may waive,
    modify, or provide extensions for certain requirements of the
    Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) for
    affected individuals, affected students, and affected
    institutions in covered disaster or emergency areas in the same
    manner as the Secretary was authorized to waive, modify, or
    provide extensions for certain requirements of such Act under
    provisions of subtitle B of title IV of division B of Public Law
    109-148 for affected individuals, affected students, and
    affected institutions in areas affected by Hurricane Katrina and
    Hurricane Rita, except that the cost associated with any action
    taken by the Secretary under this paragraph is designated by the
    Congress as being for an emergency requirement pursuant to
    section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985; and
    (10) if any provision under this heading or application of
    such provision to any person or circumstance is held to be
    unconstitutional, the remainder of the provisions under this
    heading and the application of such provisions to any person or
    circumstance shall not be affected thereby.

    General Provision--Department of Education

    Sec. 20804. (a) <>  Notwithstanding any
    other provision of law, the Secretary of Education is hereby authorized
    to forgive any outstanding balance owed to the Department of Education
    under the HBCU Hurricane Supplemental Loan program established pursuant
    to section 2601 of Public Law 109-234, as modified by section 307 of
    title III of division F of the Consolidated Appropriations Act, 2012
    (Public Law 112-74), as carried forward by the Continuing Appropriations
    Resolution, 2013 (Public Law 112-175).

    (b) There are authorized to be appropriated, and there are hereby
    appropriated, such sums as may be necessary to carry out subsection (a):
    Provided, That such amount is designated by the Congress as an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balance
    Budget and Emergency Deficit Control Act of 1985.

    [[Page 99]]

    GENERAL PROVISIONS--THIS TITLE

    (including transfer of funds)

    Sec. 20805.  Funds <>  appropriated to the
    Department of Health and Human Services by this title may be transferred
    to, and merged with, other appropriation accounts under the headings
    ``Centers for Disease Control and Prevention'' and ``Public Health and
    Social Services Emergency Fund'' for the purposes specified in this
    title following consultation with the Office of Management and Budget:
    Provided, That <>  the Committees on Appropriations
    in the House of Representatives and the Senate shall be notified 10 days
    in advance of any such transfer:  Provided further,
    That, <>  upon a determination that all or part of
    the funds transferred from an appropriation are not necessary, such
    amounts may be transferred back to that appropriation:  Provided
    further, That none of the funds made available by this title may be
    transferred pursuant to the authority in section 205 of division H of
    Public Law 115-31 or section 241(a) of the PHS Act.

    Sec. 20806.  Not <>  later than 30 days after enactment of this subdivision,
    the Secretary of Health and Human Services shall provide a detailed
    spend plan of anticipated uses of funds made available in this title,
    including estimated personnel and administrative costs, to the
    Committees on Appropriations: <>   Provided, That such
    plans shall be updated and submitted to the Committees on Appropriations
    every 60 days until all funds are expended or expire.

    Sec. 20807.  Unless otherwise provided for by this title, the
    additional amounts appropriated by this title to appropriations accounts
    shall be available under the authorities and conditions applicable to
    such appropriations accounts for fiscal year 2018.

    TITLE IX

    LEGISLATIVE BRANCH

    GOVERNMENT ACCOUNTABILITY OFFICE

    Salaries and Expenses

    For an additional amount for ``Salaries and Expenses'', $14,000,000,
    to remain available until expended, for audits and investigations
    relating to Hurricanes Harvey, Irma, and Maria and the 2017 wildfires:
    Provided, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

    TITLE X

    DEPARTMENT OF DEFENSE

    Military Construction, Navy and Marine Corps

    For an additional amount for ``Military Construction, Navy and
    Marine Corps'', $201,636,000, to remain available until September 30,
    2022, for necessary expenses related to the consequences of Hurricanes
    Harvey, Irma, and Maria:  Provided, That none of

    [[Page 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: <>   Provided further, That, not later than 60 days after enactment
    of this subdivision, the Secretary of the Navy, or his designee, shall
    submit to the Committees on Appropriations of House of Representatives
    and the Senate a detailed expenditure plan for funds provided under this
    heading:  Provided further, That such funds may be obligated or expended
    for planning and design and military construction projects not otherwise
    authorized by law:  Provided further, That such amount is designated by
    the Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

    Military Construction, Army National Guard

    For an additional amount for ``Military Construction, Army National
    Guard'', $519,345,000, to remain available until September 30, 2022, for
    necessary expenses related to the consequences of Hurricanes Harvey,
    Irma, and Maria:  Provided, That none of the funds made available to the
    Army National Guard for recovery efforts related to Hurricanes Harvey,
    Irma, and Maria in this subdivision shall be available for obligation
    until the Committees on Appropriations of the House of Representatives
    and the Senate receive form 1391 for each specific
    request: <>   Provided further, That,
    not later than 60 days after enactment of this subdivision, the Director
    of the Army National Guard, or his designee, shall submit to the
    Committees on Appropriations of the House of Representatives and the
    Senate a detailed expenditure plan for funds provided under this
    heading:  Provided further, That such funds may be obligated or expended
    for planning and design and military construction projects not otherwise
    authorized by law:  Provided further, That such amount is designated by
    the Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

    DEPARTMENT OF VETERANS AFFAIRS

    Veterans Health Administration

    medical services

    For an additional amount for ``Medical Services'', $11,075,000, to
    remain available until September 30, 2019, for necessary expenses
    related to the consequences of Hurricanes Harvey, Irma, and Maria:
    Provided, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

    medical support and compliance

    For an additional amount for ``Medical Support and Compliance'',
    $3,209,000, to remain available until September 30, 2019, for necessary
    expenses related to the consequences of Hurricanes Harvey, Irma, and
    Maria:  Provided, That such amount is designated

    [[Page 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: <>   Provided, That none of these funds
    shall be available for obligation until the Secretary of Veterans
    Affairs submits to the Committees on Appropriations of the House of
    Representatives and the Senate a detailed expenditure plan for funds
    provided under this heading:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    Departmental Administration

    construction, minor projects

    For an additional amount for ``Construction, Minor Projects'',
    $4,088,000, to remain available until September 30, 2022, for necessary
    expenses related to the consequences of Hurricanes Harvey, Irma, and
    Maria:  Provided, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

    GENERAL PROVISION--THIS TITLE

    Sec. 21001.  Notwithstanding <>  section
    18236(b) of title 10, United States Code, the Secretary of Defense shall
    contribute to Puerto Rico, 100 percent of the total cost of construction
    (including the cost of architectural, engineering and design services)
    for the acquisition, construction, expansion, rehabilitation, or
    conversion of the Arroyo readiness center under paragraph (5) of section
    18233(a) of title 10, United States Code.

    TITLE XI

    DEPARTMENT OF TRANSPORTATION

    Federal Aviation Administration

    operations

    (airport and airway trust fund)

    For an additional amount for ``Operations'', $35,000,000, to be
    derived from the Airport and Airway Trust Fund and to remain available
    until expended, for necessary expenses related to the consequences of
    Hurricanes Harvey, Irma, and Maria, and other hurricanes occurring in
    calendar year 2017:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

    [[Page 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: <>   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 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 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: <>
    Provided further, That of the amounts made available under this heading,
    no less than $12,000,000,000 shall be allocated for mitigation
    activities to all grantees of funding provided under this heading,
    section 420 of division L of Public Law 114-113, section 145 of division
    C of Public Law 114-223, section 192 of division C of Public Law 114-223
    (as added by section 101(3) of division A of Public Law 114-254),
    section 421 of division K of Public Law 115-31, and the same heading in
    division B of Public Law 115-56, and that such mitigation activities
    shall be subject to the same terms and conditions under this
    subdivision, as determined by the Secretary:  Provided further, That all
    such grantees shall receive an allocation of funds under the preceding
    proviso in the same proportion that the amount of funds each grantee
    received or will receive under the second proviso of this heading or the
    headings and sections specified in the previous proviso bears to the
    amount of all funds provided to all grantees specified in the previous
    proviso: <>   Provided further, That of the amounts
    made available under the second and fourth provisos of this heading, the
    Secretary shall allocate to all such grantees an aggregate amount not
    less than 33 percent of each such amounts of funds provided under this
    heading within 60 days after the enactment of this subdivision based on
    the best available data (especially with respect to data for all such
    grantees affected by Hurricanes Harvey, Irma, and Maria), and shall
    allocate no less than 100 percent of the funds provided under this
    heading by no later than December 1, 2018:  Provided further, That the
    Secretary shall not prohibit the use of funds made available under this
    heading and the same heading in division B of Public Law 115-56 for non-
    federal share as authorized by section 105(a)(9) of the Housing and
    Community Development Act of 1974 (42 U.S.C. 5305(a)(9)):  Provided
    further, That of the amounts made available under this heading, grantees
    may establish grant programs to assist small businesses for working
    capital purposes to aid in recovery:  Provided further,
    That <>  as a condition of making any grant, the
    Secretary shall certify in advance that such grantee has in place
    proficient financial controls and procurement processes and has
    established adequate procedures to prevent any duplication of benefits
    as defined by section 312 of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5155), to ensure timely expenditure
    of funds, to maintain comprehensive websites regarding all disaster
    recovery activities assisted with these funds, and to detect and prevent
    waste, fraud, and abuse of funds:  Provided further, That with respect
    to any such duplication of benefits, the Secretary and any grantee under
    this section shall not take into consideration or reduce the amount
    provided to any applicant for assistance from the grantee where such
    applicant applied for and was approved, but declined assistance related
    to such major declared disasters that occurred in 2014, 2015, 2016, and
    2017 from the Small Business Administration under section 7(b) of the
    Small Business Act (15 U.S.C. 636(b)): <>   Provided further, That
    the

    [[Page 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: <>   Provided further, That prior to the
    obligation of funds a grantee shall submit a plan to the Secretary for
    approval detailing the proposed use of all funds, including criteria for
    eligibility and how the use of these funds will address long-term
    recovery and restoration of infrastructure and housing, economic
    revitalization, and mitigation in the most impacted and distressed
    areas:  Provided further, That such funds may not be used for activities
    reimbursable by, or for which funds are made available by, the Federal
    Emergency Management Agency or the Army Corps of Engineers:  Provided
    further, That funds allocated under this heading shall not be considered
    relevant to the non-disaster formula allocations made pursuant to
    section 106 of the Housing and Community Development Act of 1974 (42
    U.S.C. 5306):  Provided further, That a State, unit of general local
    government, or Indian tribe may use up to 5 percent of its allocation
    for administrative costs:  Provided further, That the sixth proviso
    under this heading in the Supplemental Appropriations for Disaster
    Relief Requirements Act, 2017 (division B of Public Law 115-56) is
    amended <>  by striking ``State or subdivision
    thereof'' and inserting ``State, unit of general local government, or
    Indian tribe (as such term is defined in section 102 of the Housing and
    Community Development Act of 1974 (42 U.S.C. 5302))'':  Provided
    further, That in administering <>  the funds
    under this heading, the Secretary of Housing and Urban Development may
    waive, or specify alternative requirements for, any provision of any
    statute or regulation that the Secretary administers in connection with
    the obligation by the Secretary or the use by the recipient of these
    funds (except for requirements related to fair housing,
    nondiscrimination, labor standards, and the environment), if the
    Secretary finds that good cause exists for the waiver or alternative
    requirement and such waiver or alternative requirement would not be
    inconsistent with the overall purpose of title I of the Housing and
    Community Development Act of 1974:  Provided further, That,
    notwithstanding the preceding proviso, recipients of funds provided
    under this heading that use such funds to supplement Federal assistance
    provided under section 402, 403, 404, 406, 407, 408(c)(4), or 502 of the
    Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5121 et seq.) may adopt, without review or public comment, any
    environmental review, approval, or permit performed by a Federal agency,
    and such adoption shall satisfy the responsibilities of the recipient
    with respect to such environmental review, approval or permit:  Provided
    further, That, notwithstanding section 104(g)(2) of the Housing and
    Community Development Act of 1974 (42 U.S.C. 5304(g)(2)), the Secretary
    may, upon receipt of a request for release of funds and certification,
    immediately approve the release of funds for an activity or project
    assisted under this heading if the recipient has adopted an
    environmental review, approval or permit under the preceding proviso or
    the activity or project is categorically excluded from review under the
    National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.):
    Provided further, That the Secretary <>  shall publish via notice in the
    Federal Register

    [[Page 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) <>  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 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 <>  2018, the Secretary of
    Housing and Urban Development may make temporary adjustments to the
    section 8 housing choice voucher annual renewal funding allocations and
    administrative fee eligibility determinations for public housing
    agencies located in the most impacted and distressed areas in which a
    major Presidentially declared disaster occurred during 2017 under title
    IV of the Robert T. Stafford Disaster Relief and Emergency Assistance
    Act (42 U.S.C. 5170 et seq.), to avoid significant adverse funding
    impacts that would otherwise result from the disaster, or to facilitate
    leasing up to a public housing agency's authorized level of units under
    contract (but not to exceed such level), upon request by and in
    consultation with a public housing agency and supported by documentation
    as required by the Secretary that demonstrates the need for the
    adjustment.

    TITLE XII

    GENERAL PROVISIONS--THIS SUBDIVISION

    Sec. 21201.  Each amount appropriated or made available by this
    subdivision is in addition to amounts otherwise appropriated for the
    fiscal year involved.
    Sec. 21202.  No part of any appropriation contained in this
    subdivision shall remain available for obligation beyond the current
    fiscal year unless expressly so provided herein.
    Sec. 21203.  Unless otherwise provided for by this subdivision, the
    additional amounts appropriated by this subdivision to appropriations
    accounts shall be available under the authorities and conditions
    applicable to such appropriations accounts for fiscal year 2018.
    Sec. 21204.  Each <>  amount designated in this
    subdivision by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985 shall be available (or rescinded or
    transferred, if applicable) only if the President subsequently so
    designates all such amounts and transmits such designations to the
    Congress.

    Sec. 21205.  For purposes of this subdivision, the consequences or
    impacts of any hurricane shall include damages caused by the storm at
    any time during the entirety of its duration as a cyclone, as defined by
    the National Hurricane Center.
    Sec. 21206.  Any <>  amount appropriated by this
    subdivision, designated by the Congress as an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985 and subsequently so designated by the
    President, and transferred pursuant to transfer authorities provided by
    this subdivision shall retain such designation.

    [[Page 108]]

    Sec. 21207.  The <>  terms and conditions
    applicable to the funds provided in this subdivision, including those
    provided by this title, shall also apply to the funds made available in
    division B of Public Law 115-56 and in division A of Public Law 115-72.

    Sec. 21208. (a) Section 305 of division A of the Additional
    Supplemental Appropriations for Disaster Relief Requirements Act, 2017
    (Public Law 115-72) <>  is amended--
    (1) in subsection (a)--
    (A) <>  by striking ``(1) Not later
    than December 31, 2017,'' and inserting ``Not later than
    March 31, 2018,''; and
    (B) by striking paragraph (2); and
    (2) in subsection (b), by striking ``receiving funds under
    this division'' and inserting ``expending more than $10,000,000
    of funds provided by this division and division B of Public Law
    115-56 in any one fiscal year''.

    (b) <>  Section 305 of division A of the
    Additional Supplemental Appropriations for Disaster Relief Requirements
    Act, 2017 (Public Law 115-72), as amended by this section, shall apply
    to funds appropriated by this division as if they had been appropriated
    by that division.

    (c) <>  In order to proactively prepare for oversight of future
    disaster relief funding, not later than one year after the date of
    enactment of this Act, the Director of the Office of Management and
    Budget shall issue standard guidance for Federal agencies to use in
    designing internal control plans for disaster relief funding. This
    guidance shall leverage existing internal control review processes and
    shall include, at a minimum, the following elements:
    (1) <>  Robust criteria for identifying and
    documenting incremental risks and mitigating controls related to
    the funding.
    (2) Guidance for documenting the linkage between the
    incremental risks related to disaster funding and efforts to
    address known internal control risks.

    Sec. 21209.  Any <>  agency or department provided
    funding in excess of $3,000,000,000 by this subdivision, including the
    Federal Emergency Management Agency, the Department of Housing and Urban
    Development, and the Corps of Engineers, is directed to provide a report
    to the Committees on Appropriations of the House of Representatives and
    the Senate regarding its efforts to provide adequate resources and
    technical assistance for small, low-income communities affected by
    natural disasters.

    Sec. 21210. (a) <>
    Not later than 180 days after the date of enactment of this subdivision
    and in coordination with the Administrator of the Federal Emergency
    Management Agency, with support and contributions from the Secretary of
    the Treasury, the Secretary of Energy, and other Federal agencies having
    responsibilities defined under the National Disaster Recovery Framework,
    the Governor of the Commonwealth of Puerto Rico shall submit to Congress
    a report describing the Commonwealth's 12- and 24-month economic and
    disaster recovery plan that--
    (1) defines the priorities, goals, and expected outcomes of
    the recovery effort for the Commonwealth, based on damage
    assessments prepared pursuant to Federal law, if applicable,
    including--
    (A) housing;
    (B) economic issues, including workforce development
    and industry expansion and cultivation;
    (C) health and social services;

    [[Page 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) <>  is certified by that Oversight
    Board to be consistent with the purpose set forth in section
    101(a) of PROMESA (48 U.S.C. 2121(a)).

    (b) <>  At the end of every 30-day
    period before the submission of the report described in subsection (a),
    the Governor of the Commonwealth of Puerto Rico, in coordination with
    the Administrator of the Federal Emergency Management Agency, shall
    provide to Congress interim status updates on progress developing such
    report.

    (c) <>  At the end of every 180-day period after
    the submission of the report described in subsection (a), the Governor
    of the Commonwealth of Puerto Rico, in coordination with the
    Administrator of the Federal Emergency Management Agency, shall make
    public a report on progress achieving the goals set forth in such
    report.

    (d) During the development, and after the submission, of the report
    required in subsection (a), the Oversight Board may provide to Congress
    reports on the status of coordination with the Governor of Puerto Rico.

    [[Page 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) <>  When developing a Fiscal Plan while the
    recovery plan required under subsection (a) is in development and in
    effect, the Oversight Board shall use and incorporate, to the greatest
    extent feasible, damage assessments prepared pursuant to Federal law.

    (g) For purposes of this section, the terms ``covered territory''
    and ``Oversight Board'' have the meaning given those term in section 5
    of PROMESA (48 U.S.C. 2104).
    This subdivision may be cited as the ``Further Additional
    Supplemental Appropriations for Disaster Relief Requirements Act,
    2018''.

    SUBDIVISION 2--TAX RELIEF AND MEDICAID CHANGES RELATING TO CERTAIN
    DISASTERS

    TITLE I--CALIFORNIA FIRES

    SEC. 20101. DEFINITIONS.

    For purposes of this title--
    (1) California wildfire disaster zone.--The term
    ``California wildfire disaster zone'' means that portion of the
    California wildfire disaster area determined by the President to
    warrant individual or individual and public assistance from the
    Federal Government under the Robert T. Stafford Disaster Relief
    and Emergency Assistance Act by reason of wildfires in
    California.
    (2) <>  California wildfire
    disaster area.--The term ``California wildfire disaster area''
    means an area with respect to which between January 1, 2017
    through January 18, 2018 a major disaster has been declared by
    the President under section 401 of such Act by reason of
    wildfires in California.
    SEC. 20102. SPECIAL DISASTER-RELATED RULES FOR USE OF RETIREMENT
    FUNDS.

    (a) Tax-Favored Withdrawals From Retirement Plans.--
    (1) In general.--Section 72(t) of the Internal Revenue Code
    of 1986 shall not apply to any qualified wildfire distribution.
    (2) Aggregate dollar limitation.--
    (A) In general.--For purposes of this subsection,
    the aggregate amount of distributions received by an
    individual which may be treated as qualified wildfire
    distributions for any taxable year shall not exceed the
    excess (if any) of--
    (i) $100,000, over
    (ii) the aggregate amounts treated as
    qualified wildfire distributions received by such
    individual for all prior taxable years.

    [[Page 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) <>  Controlled group.--For
    purposes of subparagraph (B), the term ``controlled
    group'' means any group treated as a single employer
    under subsection (b), (c), (m), or (o) of section 414 of
    the Internal Revenue Code of 1986.
    (3) Amount distributed may be repaid.--
    (A) <>  In
    general.--Any individual who receives a qualified
    wildfire distribution may, at any time during the 3-year
    period beginning on the day after the date on which such
    distribution was received, make one or more
    contributions in an aggregate amount not to exceed the
    amount of such distribution to an eligible retirement
    plan of which such individual is a beneficiary and to
    which a rollover contribution of such distribution could
    be made under section 402(c), 403(a)(4), 403(b)(8),
    408(d)(3), or 457(e)(16), of the Internal Revenue Code
    of 1986, as the case may be.
    (B) Treatment of repayments of distributions from
    eligible retirement plans other than iras.--
    <> For purposes of the Internal Revenue
    Code of 1986, if a contribution is made pursuant to
    subparagraph (A) with respect to a qualified wildfire
    distribution from an eligible retirement plan other than
    an individual retirement plan, then the taxpayer shall,
    to the extent of the amount of the contribution, be
    treated as having received the qualified wildfire
    distribution in an eligible rollover distribution (as
    defined in section 402(c)(4) of such Code) and as having
    transferred the amount to the eligible retirement plan
    in a direct trustee to trustee transfer within 60 days
    of the distribution.
    (C) Treatment of repayments for distributions from
    iras.--For purposes <>  of the Internal
    Revenue Code of 1986, if a contribution is made pursuant
    to subparagraph (A) with respect to a qualified wildfire
    distribution from an individual retirement plan (as
    defined by section 7701(a)(37) of such Code), then, to
    the extent of the amount of the contribution, the
    qualified wildfire distribution shall be treated as a
    distribution described in section 408(d)(3) of such Code
    and as having been transferred to the eligible
    retirement plan in a direct trustee to trustee transfer
    within 60 days of the distribution.
    (4) Definitions.--For purposes of this subsection--
    (A) <>  Qualified wildfire
    distribution.--Except as provided in paragraph (2), the
    term ``qualified wildfire distribution'' means any
    distribution from an eligible retirement plan made on or
    after October 8, 2017, and before January 1, 2019, to an
    individual whose principal place of abode during any
    portion of the period from October 8, 2017,

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

    (b) Recontributions of Withdrawals for Home Purchases.--
    (1) Recontributions.--
    (A) <>  In general.--Any
    individual who received a qualified distribution may,
    during the period beginning on October 8, 2017, and
    ending on June 30, 2018, make one or more contributions
    in an aggregate amount not to exceed the amount of such
    qualified distribution to an eligible retirement plan
    (as defined in section 402(c)(8)(B) of the Internal
    Revenue Code of 1986) of which such individual is a
    beneficiary and to which a rollover contribution of such
    distribution could be made under section 402(c),
    403(a)(4), 403(b)(8), or 408(d)(3), of such Code, as the
    case may be.
    (B) <>  Treatment of
    repayments.--Rules similar to the rules of subparagraphs
    (B) and (C) of subsection (a)(3) shall apply for
    purposes of this subsection.
    (2) <>  Qualified distribution.--For
    purposes of this subsection, the term ``qualified distribution''
    means any distribution--
    (A) described in section 401(k)(2)(B)(i)(IV),
    403(b)(7)(A)(ii) (but only to the extent such
    distribution relates to financial hardship),
    403(b)(11)(B), or 72(t)(2)(F), of the Internal Revenue
    Code of 1986,
    (B) <>  received after March 31,
    2017, and before January 15, 2018, and

    [[Page 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) <>  Increase in limit
    on loans not treated as distributions.--In the case of any loan
    from a qualified employer plan (as defined under section
    72(p)(4) of the Internal Revenue Code of 1986) to a qualified
    individual made during the period beginning on the date of the
    enactment of this Act and ending on December 31, 2018--
    (A) clause (i) of section 72(p)(2)(A) of such Code
    shall be applied by substituting ``$100,000'' for
    ``$50,000'', and
    (B) clause (ii) of such section shall be applied by
    substituting ``the present value of the nonforfeitable
    accrued benefit of the employee under the plan'' for
    ``one-half of the present value of the nonforfeitable
    accrued benefit of the employee under the plan''.
    (2) <>  Delay of
    repayment.--In the case of a qualified individual with an
    outstanding loan on or after October 8, 2017, from a qualified
    employer plan (as defined in section 72(p)(4) of the Internal
    Revenue Code of 1986)--
    (A) if the due date pursuant to subparagraph (B) or
    (C) of section 72(p)(2) of such Code for any repayment
    with respect to such loan occurs during the period
    beginning on October 8, 2017, and ending on December 31,
    2018, such due date shall be delayed for 1 year,
    (B) any subsequent repayments with respect to any
    such loan shall be appropriately adjusted to reflect the
    delay in the due date under paragraph (1) and any
    interest accruing during such delay, and
    (C) in determining the 5-year period and the term of
    a loan under subparagraph (B) or (C) of section 72(p)(2)
    of such Code, the period described in subparagraph (A)
    shall be disregarded.
    (3) <>  Qualified
    individual.--For purposes of this subsection, the term
    ``qualified individual'' means any individual whose principal
    place of abode during any portion of the period from October 8,
    2017, to December 31, 2017, is located in the California
    wildfire disaster area and who has sustained an economic loss by
    reason of wildfires to which the declaration of such area
    relates.

    (d) Provisions Relating to Plan Amendments.--
    (1) <>  In general.--If this
    subsection applies to any amendment to any plan or annuity
    contract, such plan or contract shall be treated as being
    operated in accordance with the terms of the plan during the
    period described in paragraph (2)(B)(i).
    (2) Amendments to which subsection applies.--
    (A) In general.--This subsection shall apply to any
    amendment to any plan or annuity contract which is
    made--
    (i) <>  pursuant to any
    provision of this section, or pursuant to any
    regulation issued by the Secretary or the
    Secretary of Labor under any provision of this
    section, and

    [[Page 114]]

    (ii) <>  on or before
    the last day of the first plan year beginning on
    or after January 1, 2019, or such later date as
    the Secretary may prescribe.
    In the case of a governmental plan (as defined in
    section 414(d) of the Internal Revenue Code of 1986),
    clause (ii) shall be applied by substituting the date
    which is 2 years after the date otherwise applied under
    clause (ii).
    (B) Conditions.--This subsection shall not apply to
    any amendment unless--
    (i) <>  during the
    period--
    (I) beginning on the date that this
    section or the regulation described in
    subparagraph (A)(i) takes effect (or in
    the case of a plan or contract amendment
    not required by this section or such
    regulation, the effective date specified
    by the plan), and
    (II) ending on the date described in
    subparagraph (A)(ii) (or, if earlier,
    the date the plan or contract amendment
    is adopted),
    the plan or contract is operated as if such plan or
    contract amendment were in effect, and
    (ii) such plan or contract amendment applies
    retroactively for such period.
    SEC. 20103. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED BY
    CALIFORNIA WILDFIRES.

    (a) In General.--For purposes of section 38 of the Internal Revenue
    Code of 1986, in the case of an eligible employer, the California
    wildfire employee retention credit shall be treated as a credit listed
    in subsection (b) of such section. For purposes of this subsection, the
    California wildfire employee retention credit for any taxable year is an
    amount equal to 40 percent of the qualified wages with respect to each
    eligible employee of such employer for such taxable year. For purposes
    of the preceding sentence, the amount of qualified wages which may be
    taken into account with respect to any individual shall not exceed
    $6,000.
    (b) <>  Definitions.--For
    purposes of this section--
    (1) Eligible employer.--The term ``eligible employer'' means
    any employer--
    (A) which conducted an active trade or business on
    October 8, 2017, in the California wildfire disaster
    zone, and
    (B) with respect to whom the trade or business
    described in subparagraph (A) is inoperable on any day
    after October 8, 2017, and before January 1, 2018, as a
    result of damage sustained by reason of the wildfires to
    which such declaration of such area relates.
    (2) Eligible employee.--The term ``eligible employee'' means
    with respect to an eligible employer an employee whose principal
    place of employment on October 8, 2017, with such eligible
    employer was in the California wildfire disaster zone.
    (3) Qualified wages.--The term ``qualified wages'' means
    wages (as defined in section 51(c)(1) of the Internal Revenue
    Code of 1986, but without regard to section 3306(b)(2)(B) of
    such Code) paid or incurred by an eligible employer with respect
    to an eligible employee on any day after October 8, 2017, and
    before January 1, 2018, which occurs during the period--

    [[Page 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. <>
    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 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 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 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) <>  Subject to subparagraphs (D)
    and (E), for the period beginning January 1, 2018, and ending
    September 30, 2019--
    ``(i) the amount of the increase otherwise provided
    under subparagraphs (A) and (B) for Puerto Rico shall be
    further increased by $3,600,000,000; and
    ``(ii) the amount of the increase otherwise provided
    under subparagraph (A) for the Virgin Islands shall be
    further increased by $106,931,000.
    ``(D) <>  For the period described in
    subparagraph (C), the amount of the increase otherwise provided
    under subparagraph (A)--

    [[Page 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 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-- <> Further Extension of Continuing Appropriations Act, 2018

    Sec. 20101. <>   The Continuing
    Appropriations Act, 2018 (division D of Public Law 115-56) is further
    amended by--
    (1) striking the date specified in section 106(3) and
    inserting ``March 23, 2018''; and
    (2) inserting after section 155 <>  the
    following new sections:

    ``Sec. 156.  In addition to amounts provided by section 101, amounts
    are provided for `Department of Commerce--Bureau of the Census--Periodic
    Census and Programs' at a rate for operations of $182,000,000 for an
    additional amount for the 2020 Decennial Census Program; and such
    amounts may be apportioned up to the rate for operations necessary to
    maintain the schedule and deliver the required data according to
    statutory deadlines in the 2020 Decennial Census Program.
    ``Sec. 157.  Notwithstanding <>  section 101,
    the matter preceding the first proviso and the first proviso under the
    heading `Power Marketing Administrations--Operation and Maintenance,
    Southeastern Power Administration' in division D of Public Law 115-31
    shall be applied by substituting `$6,379,000' for `$1,000,000' each
    place it appears.

    ``Sec. 158. <>   As authorized by section
    404 of the Bipartisan Budget Act of 2015 (Public Law 114-74; 42 U.S.C.
    6239 note), the Secretary of Energy shall draw down and sell not to
    exceed $350,000,000 of crude oil from the Strategic Petroleum Reserve in
    fiscal year 2018:  Provided, That the proceeds from such drawdown and
    sale shall be deposited into the `Energy Security and Infrastructure
    Modernization Fund' (in this section referred to as the `Fund') during
    fiscal year 2018:  Provided further, That in addition to amounts
    otherwise made available by section 101, any amounts deposited in the
    Fund shall be made available and shall remain available until expended
    at a rate for operations of $350,000,000, for necessary expenses in
    carrying out the Life Extension II project for the Strategic Petroleum
    Reserve.

    ``Sec. 159.  Amounts made available by section 101 for `The
    Judiciary--Courts of Appeals, District Courts, and Other Judicial
    Services--Fees of Jurors and Commissioners' may be apportioned up to the
    rate for operations necessary to accommodate increased juror usage.

    [[Page 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) <> , is amended by (1) striking `$11,761,000'
    and inserting `$22,247,000', and (2) striking `$1,104,000' and inserting
    `$1,987,000'.

    ``Sec. 161.  Section <>  458(a)(4) of the
    Higher Education Act of 1965 (20 U.S.C. 1087h(a)(4)) shall be applied by
    substituting `2018' for `2017'.

    ``Sec. 162.  For <>  the purpose of
    carrying out section 435(a)(2) of the Higher Education Act of 1965 (HEA)
    (20 U.S.C. 1085(a)(2)), during the period covered by this Act the
    Secretary of Education may waive the requirement under section
    435(a)(5)(A)(ii) of the HEA (20 U.S.C. 1085(a)(5)(A)(ii)) for an
    institution of higher education that offers an associate degree, is a
    public institution, and is located in an economically distressed county,
    defined as a county that ranks in the lowest 5 percent of all counties
    in the United States based on a national index of county economic
    status:  Provided, That <>  this section shall
    apply to an institution of higher education that otherwise would be
    ineligible to participate in a program under part A of title IV of the
    HEA on or after the date of enactment of this Act due to the application
    of section 435(a)(2) of the HEA.

    ``Sec. 163.  Notwithstanding any other provision of law, funds made
    available by this Act for military construction, land acquisition, and
    family housing projects and activities may be obligated and expended to
    carry out planning and design and military construction projects
    authorized by law:  Provided, That funds and authority provided by this
    section may be used notwithstanding sections 102 and 104:  Provided
    further, That such funds may be used only for projects identified by the
    Department of the Air Force in its January 29, 2018, letter sent to the
    Committees on Appropriations of both Houses of Congress detailing
    urgently needed fiscal year 2018 construction requirements.
    ``Sec. 164. (a) Section 116(h)(3)(D) of title 49, United States
    Code, is amended--
    ``(1) in clause (i), by striking `During the 2-year period
    beginning on the date of enactment of this section, the';
    inserting `The'; and inserting the following after the first
    sentence: `Any such funds or limitation of obligations or
    portions thereof transferred to the Bureau may be transferred
    back to and merged with the original account.'; and
    ``(2) in clause (ii) by striking `During the 2-year period
    beginning on the date of enactment of this section, the';
    inserting `The'; and inserting the following after the first
    sentence: `Any such funds or limitation of obligations or
    portions thereof transferred to the Bureau may be transferred
    back to and merged with the original account.'.

    ``(b) Section 503(l)(4) of the Railroad Revitalization and
    Regulatory Reform Act of 1976 (45 U.S.C. 823(l)(4)) is amended--
    ``(1) in the heading by striking `Safety and operations
    account' and inserting `National Surface Transportation and
    Innovative Finance Bureau account'; and
    ``(2) in subparagraph (A) by striking `Safety and Operations
    account of the Federal Railroad Administration' and inserting
    `National Surface Transportation and Innovative Finance Bureau
    account'.

    [[Page 122]]

    ``Sec. 165.  Section <>  24(o) of the United
    States Housing Act of 1937 (42 U.S.C. 1437v) shall be applied by
    substituting the date specified in section 106(3) for `September 30,
    2017'.''.

    This subdivision may be cited as the ``Further Extension of
    Continuing Appropriations Act, 2018''.

    DIVISION C--BUDGETARY AND OTHER MATTERS

    SEC. 30001. TABLE OF CONTENTS.

    The table of contents for this division is as follows:

    DIVISION C--BUDGETARY AND OTHER MATTERS

    Sec. 30001. Table of contents.

    TITLE I--BUDGET ENFORCEMENT

    Sec. 30101. Amendments to the Balanced Budget and Emergency Deficit
    Control Act of 1985.
    Sec. 30102. Balances on the PAYGO Scorecards.
    Sec. 30103. Authority for fiscal year 2019 budget resolution in the
    Senate.
    Sec. 30104. Authority for fiscal year 2019 budget resolution in the
    House of Representatives.
    Sec. 30105. Exercise of rulemaking powers.

    TITLE II--OFFSETS

    Sec. 30201. Customs user fees.
    Sec. 30202. Aviation security service fees.
    Sec. 30203. Extension of certain immigration fees.
    Sec. 30204. Strategic Petroleum Reserve drawdown.
    Sec. 30205. Elimination of surplus funds of Federal reserve banks.
    Sec. 30206. Reemployment services and eligibility assessments.

    TITLE III--TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT

    Sec. 30301. Temporary extension of public debt limit.

    TITLE IV--JOINT SELECT COMMITTEES

    Subtitle A--Joint Select Committee on Solvency of Multiemployer Pension
    Plans

    Sec. 30421. Definitions.
    Sec. 30422. Establishment of Joint Select Committee.
    Sec. 30423. Funding.
    Sec. 30424. Consideration of joint committee bill in the Senate.

    Subtitle B--Joint Select Committee on Budget and Appropriations Process
    Reform

    Sec. 30441. Definitions.
    Sec. 30442. Establishment of Joint Select Committee.
    Sec. 30443. Funding.
    Sec. 30444. Consideration of joint committee bill in the Senate.

    TITLE I--BUDGET ENFORCEMENT

    SEC. 30101. AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY
    DEFICIT CONTROL ACT OF 1985.

    (a) <>  Revised Discretionary Spending
    Limits.--Section 251(c) of the Balanced Budget and Emergency Deficit
    Control Act of 1985 (2 U.S.C. 901(c)) is amended by striking paragraphs
    (5) and (6) and inserting the following:
    ``(5) for fiscal year 2018--
    ``(A) for the revised security category,
    $629,000,000,000 in new budget authority; and
    ``(B) for the revised nonsecurity category
    $579,000,000,000 in new budget authority;

    [[Page 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 <>  the date of enactment of
    this Act, the balances on the PAYGO scorecards established pursuant to
    paragraphs (4) and (5) of section 4(d) of the Statutory Pay-As-You-Go
    Act of 2010 (2 U.S.C. 933(d)) shall be zero.
    SEC. 30103. AUTHORITY FOR FISCAL YEAR 2019 BUDGET RESOLUTION IN
    THE SENATE.

    (a) <>  Fiscal Year 2019.--For
    purposes of enforcing the Congressional Budget Act of 1974 (2 U.S.C. 621
    et seq.) after April 15, 2018, and enforcing budgetary points of order
    in prior concurrent resolutions on the budget, the allocations,
    aggregates, and levels provided for in subsection (b) shall apply in the
    Senate in the same manner as for a concurrent resolution on the budget
    for fiscal year 2019 with appropriate budgetary levels for fiscal years
    2020 through 2028.

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

    [[Page 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) <>  Fiscal Year 2019.--If a concurrent
    resolution on the budget for fiscal year 2019 has not been adopted by
    April 15, 2018, for the purpose of enforcing the Congressional Budget
    Act of 1974, the allocations, aggregates, and levels provided for in
    subsection (b) shall <>  apply in
    the House of Representatives after April 15, 2018, in the same manner as
    for a concurrent resolution on the budget for fiscal year 2019 with
    appropriate budgetary levels for fiscal year 2019 and for fiscal years
    2020 through 2028.

    (b) <>  Committee Allocations, Aggregates, and Levels.--In
    the House of Representatives, the Chair of the Committee on the Budget
    shall submit a statement for publication in the Congressional Record
    after April 15, 2018, but not later than May 15, 2018, containing--
    (1) for the Committee on Appropriations, committee
    allocations for fiscal year 2019 for discretionary budget
    authority at the total level set forth in section 251(c)(6) of
    the Balanced

    [[Page 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 <>  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 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) <>  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 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) <>  Emergency Protection.--The
    Secretary of Energy may not draw down and sell crude oil under this
    section in quantities that would limit the authority to sell petroleum
    products under subsection (h) of section 161 of the Energy Policy and
    Conservation Act (42 U.S.C. 6241) in the full quantity authorized by
    that subsection.

    (c) Strategic Petroleum Drawdown Conditions and Limitations.--
    (1) Conditions.--Section 161(h)(1) of the Energy Policy and
    Conservation Act (42 U.S.C. 6241(h)(1)) is amended in
    subparagraph (B) by striking ``shortage; and'' and all that
    follows through ``Secretary of'' in subparagraph (C) and
    inserting the following: ``shortage;
    ``(C) the Secretary has found that action taken
    under this subsection will not impair the ability of the
    United States to carry out obligations of the United
    States under the international energy program; and
    ``(D) the Secretary of''.
    (2) Limitations.--Section 161(h)(2) of the Energy Policy and
    Conservation Act (42 U.S.C. 6241(h)(2)) is amended by striking
    ``450,000,000'' each place it appears and inserting
    ``350,000,000''.
    SEC. 30205. ELIMINATION OF SURPLUS FUNDS OF FEDERAL RESERVE BANKS.

    Section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C.
    289(a)(3)(A)) is amended by striking ``$10,000,000,000'' and inserting
    ``$7,500,000,000''.
    SEC. 30206. REEMPLOYMENT SERVICES AND ELIGIBILITY ASSESSMENTS.

    (a) In General.--Title III of the Social Security Act (42 U.S.C. 501
    et seq.) is amended by adding at the end the following:
    ``SEC. 306. <>  GRANTS TO STATES FOR
    REEMPLOYMENT SERVICES AND ELIGIBILITY
    ASSESSMENTS.

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

    [[Page 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) <>  Expanding evidence-based
    interventions.--In addition to the requirement imposed by
    paragraph (1), a State shall--
    ``(A) for fiscal years 2023 and 2024, use no less
    than 25 percent of the grant funds awarded to the State
    under this section for interventions with a high or
    moderate causal evidence rating that show a demonstrated
    capacity to improve employment and earnings outcomes for
    program participants;
    ``(B) for fiscal years 2025 and 2026, use no less
    than 40 percent of such grant funds for interventions
    described in subparagraph (A); and
    ``(C) <>  for fiscal years
    beginning after fiscal year 2026, use no less than 50
    percent of such grant funds for interventions described
    in subparagraph (A).

    ``(d) Evaluations.--
    ``(1) Required evaluations.--Any intervention without a high
    or moderate causal evidence rating used by a State in carrying
    out a State program of reemployment services and eligibility
    assessments under this section shall be under evaluation at the
    time of use.
    ``(2) Funding limitation.--A State shall use not more than
    10 percent of grant funds awarded to the State under this
    section to conduct or cause to be conducted evaluations of
    interventions used in carrying out a program under this section
    (including evaluations conducted pursuant to paragraph (1)).

    ``(e) State Plan.--
    ``(1) In general.--As a condition of eligibility to receive
    a grant under this section for a fiscal year, a State shall
    submit to the Secretary, at such time and in such manner as the
    Secretary may require, a State plan that outlines how the State
    intends to conduct a program of reemployment services and
    eligibility assessments under this section, including--
    ``(A) assurances that, and a description of how, the
    program will provide--
    ``(i) proper notification to participating
    individuals of the program's eligibility
    conditions, requirements, and benefits, including
    the issuance of warnings and simple, clear
    notifications to ensure that participating
    individuals are fully aware of the consequences of

    [[Page 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) <>  Disapproval and revision.--
    If the Secretary determines that a State plan submitted pursuant
    to this subsection fails to satisfy the conditions described in
    paragraph (1), the Secretary shall--
    ``(A) disapprove such plan;
    ``(B) <>  provide to the
    State, not later than 30 days after the date of receipt
    of the State plan, a written notice of such disapproval
    that includes a description of any portion of the plan
    that was not approved and the reason for the disapproval
    of each such portion; and
    ``(C) provide the State with an opportunity to
    correct any such failure and submit a revised State
    plan.

    ``(f) Allocation of Funds.--
    ``(1) Base funding.--
    ``(A) <>  In
    general.--For each fiscal year after fiscal year 2020,
    the Secretary shall allocate a percentage equal to the
    base funding percentage for such fiscal year of the
    funds made available for grants under this section among
    the States awarded such a grant for such fiscal year
    using a formula prescribed by the Secretary based on the
    rate of insured unemployment (as defined in section
    203(e)(1) of the Federal-State Extended Unemployment
    Compensation Act of 1970 (26 U.S.C. 3304 note)) in the
    State for

    [[Page 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) <>  Base funding
    percentage.--For purposes of subparagraph (A), the term
    `base funding percentage' means--
    ``(i) for fiscal years 2021 through 2026, 89
    percent; and
    ``(ii) for fiscal years after 2026, 84
    percent.
    ``(2) Reservation for outcome payments.--
    ``(A) In general.--Of the amounts made available for
    grants under this section for each fiscal year after
    2020, the Secretary shall reserve a percentage equal to
    the outcome reservation percentage for such fiscal year
    for outcome payments to increase the amount otherwise
    awarded to a State under paragraph (1). Such outcome
    payments shall be paid to States conducting reemployment
    services and eligibility assessments under this section
    that, during the previous fiscal year, met or exceeded
    the outcome goals provided in subsection (b)(1) related
    to reducing the average duration of receipt of
    unemployment compensation by improving employment
    outcomes.
    ``(B) <>  Outcome reservation
    percentage.--For purposes of subparagraph (A), the term
    `outcome reservation percentage' means--
    ``(i) for fiscal years 2021 through 2026, 10
    percent; and
    ``(ii) for fiscal years after 2026, 15
    percent.
    ``(3) Reservation for research and technical assistance.--Of
    the amounts made available for grants under this section for
    each fiscal year after 2020, the Secretary may reserve not more
    than 1 percent to conduct research and provide technical
    assistance to States.
    ``(4) <>  Consultation and public
    comment.--Not later than September 30, 2019, the Secretary
    shall--
    ``(A) consult with the States and seek public
    comment in developing the allocation formula under
    paragraph (1) and the criteria for carrying out the
    reservations under paragraph (2); and
    ``(B) <>  make publicly available
    the allocation formula and criteria developed pursuant
    to subclause (A).

    ``(g) <>  Notification to Congress.--Not later than
    90 days prior to making any changes to the allocation formula or the
    criteria developed pursuant to subsection (f)(5)(A), the Secretary shall
    submit to Congress, including to the Committee on Ways and Means and the
    Committee on Appropriations of the House of Representatives and the
    Committee on Finance and the Committee on Appropriations of the Senate,
    a notification of any such change.

    ``(h) Supplement Not Supplant.--Funds made available to carry out
    this section shall be used to supplement the level of Federal, State,
    and local public funds that, in the absence of such availability, would
    be expended to provide reemployment services and eligibility assessments
    to individuals receiving unemployment compensation, and in no case to
    supplant such Federal, State, or local public funds.
    ``(i) Definitions.--In this section:

    [[Page 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]]

    Security Act, or if a conference committee submits a
    conference report thereon, the chairman of the Committee
    on the Budget of the House of Representatives or the
    Senate shall make the adjustments referred to in
    subparagraph (B) to reflect the additional new budget
    authority provided for such grants in that measure or
    conference report and the outlays resulting therefrom,
    consistent with subparagraph (D).
    ``(B) Types of adjustments.--The adjustments
    referred to in this subparagraph consist of adjustments
    to--
    ``(i) the discretionary spending limits for
    that fiscal year as set forth in the most recently
    adopted concurrent resolution on the budget;
    ``(ii) the allocations to the Committees on
    Appropriations of the Senate and the House of
    Representatives for that fiscal year under section
    302(a); and
    ``(iii) the appropriate budget aggregates for
    that fiscal year in the most recently adopted
    concurrent resolution on the budget.
    ``(C) Enforcement.--The adjusted discretionary
    spending limits, allocations, and aggregates under this
    paragraph shall be considered the appropriate limits,
    allocations, and aggregates for purposes of
    congressional enforcement of this Act and concurrent
    budget resolutions under this Act.
    ``(D) Limitation.--No adjustment may be made under
    this subsection in excess of--
    ``(i) for fiscal year 2022, $133,000,000;
    ``(ii) for fiscal year 2023, $258,000,000;
    ``(iii) for fiscal year 2024, $433,000,000;
    ``(iv) for fiscal year 2025, $533,000,000;
    ``(v) for fiscal year 2026, $608,000,000; and
    ``(vi) for fiscal year 2027, $633,000,000.
    ``(E) Definition.--As used in this subsection, the term
    `additional new budget authority' means the amount provided for
    a fiscal year, in excess of $117,000,000, in an appropriation
    measure or conference report (as the case may be) and specified
    to pay for grants to States under section 306 of the Social
    Security Act.
    ``(2) Report on 302(b) level.--Following any adjustment made
    under paragraph (1), the Committees on Appropriations of the
    Senate and the House of Representatives may report appropriately
    revised suballocations pursuant to section 302(b) to carry out
    this subsection.''.

    TITLE III--TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT

    SEC. 30301. <>  TEMPORARY
    EXTENSION OF PUBLIC DEBT LIMIT.

    (a) In General.--Section 3101(b) of title 31, United States Code,
    shall not apply for the period beginning on the date of the enactment of
    this Act and ending on March 1, 2019.
    (b) <>  Special Rule Relating to Obligations
    Issued During Extension Period.--Effective on March 2, 2019, the
    limitation

    [[Page 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) <>  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 134]]

    (i) <>  In general.--Not
    later than November 30, 2018, the joint committee
    shall vote on--
    (I) a report that contains a
    detailed statement of the findings,
    conclusions, and recommendations of the
    joint committee; and
    (II) proposed legislative language
    to carry out the recommendations
    described in subclause (I).
    (ii) Approval of report and legislative
    language.--
    (I) In general.--The report of the
    joint committee and the proposed
    legislative language described in clause
    (i) shall only be approved upon
    receiving the votes of--
    (aa) a majority of joint
    committee members appointed by
    the Speaker of the House of
    Representatives and the Majority
    Leader of the Senate; and
    (bb) a majority of joint
    committee members appointed by
    the Minority Leader of the House
    of Representatives and the
    Minority Leader of the Senate.
    (II) <>  Availability.--The text of
    any report and proposed legislative
    language shall be publicly available in
    electronic form at least 24 hours prior
    to its consideration.
    (iii) Additional views.--A member of the joint
    committee who gives notice of an intention to file
    supplemental, minority, or additional views at the
    time of the final joint committee vote on the
    approval of the report and legislative language
    under clause (ii) shall be entitled to 2 calendar
    days after the day of such notice in which to file
    such views in writing with the co-chairs. Such
    views shall then be included in the joint
    committee report and printed in the same volume,
    or part thereof, and their inclusion shall be
    noted on the cover of the report. In the absence
    of timely notice, the joint committee report may
    be printed and transmitted immediately without
    such views.
    (iv) Transmission of report and legislative
    language.--If the report and legislative language
    are approved by the joint committee pursuant to
    clause (ii), the joint committee shall submit the
    joint committee report and legislative language
    described in clause (i) to the President, the Vice
    President, the Speaker of the House of
    Representatives, and the majority and minority
    leaders of each House of Congress not later than
    15 calendar days after such approval.
    (v) <>  Report and legislative
    language to be made public.--Upon the approval of
    the joint committee report and legislative
    language pursuant to clause (ii), the joint
    committee shall promptly make the full report and
    legislative language, and a record of any vote,
    available to the public.
    (3) Membership <> .--

    [[Page 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. The co-chairs shall be appointed not
    later than 14 calendar days after the date of enactment
    of this Act.
    (D) Date.--Members of the joint committee shall be
    appointed not later than 14 calendar days after the date
    of enactment of this Act.
    (E) Period of appointment.--Members shall be
    appointed for the life of the joint committee. Any
    vacancy in the joint committee shall not affect its
    powers, but shall be filled not later than 14 calendar
    days after the date on which the vacancy occurs, in the
    same manner as the original appointment was made. If a
    member of the joint committee ceases to be a Member of
    the House of Representatives or the Senate, as the case
    may be, the member is no longer a member of the joint
    committee and a vacancy shall exist.
    (4) Administration.--
    (A) <>  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 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) <>  Meetings.--
    (i) Initial meeting.--Not later than 30
    calendar days after the date of enactment of this
    Act, the joint committee shall hold its first
    meeting.
    (ii) Agenda.--The co-chairs of the joint
    committee shall provide an agenda to the joint
    committee members not less than 48 hours in
    advance of any meeting.
    (F) Hearings.--
    (i) In general.--The joint committee may, for
    the purpose of carrying out this section, hold
    such hearings, sit and act at such times and
    places, require attendance of witnesses and
    production of books, papers, and documents, take
    such testimony, receive such evidence, and
    administer such oaths as the joint committee
    considers advisable.
    (ii) <>  Hearing
    procedures and responsibilities of co-chairs.--
    (I) Announcement.--The co-chairs of
    the joint committee shall make a public
    announcement of the date, place, time,
    and subject matter of any hearing to be
    conducted, not less than 7 days in
    advance of such hearing, unless the co-
    chairs determine that there is good
    cause to begin such hearing at an
    earlier date.
    (II) Equal representation of
    witnesses.--Each co-chair shall be
    entitled to select an equal number of
    witnesses for each hearing held by the
    joint committee.
    (III) Written statement.--A witness
    appearing before the joint committee
    shall file a written statement of
    proposed testimony at least 2 calendar
    days before the appearance of the
    witness, unless the requirement is
    waived by the co-chairs, following their
    determination that there is good cause
    for failure to comply with such
    requirement.
    (G) Minimum number of public meetings and
    hearings.--The joint committee shall hold--
    (i) not less than a total of 5 public meetings
    or public hearings; and
    (ii) not less than 3 public hearings, which
    may include field hearings.
    (H) Technical assistance.--Upon written request of
    the co-chairs, a Federal agency, including legislative
    branch agencies, shall provide technical assistance to
    the joint committee in order for the joint committee to
    carry out its duties.
    (I) Staffing.--
    (i) Details.--Employees of the legislative
    branch may be detailed to the joint committee on a
    nonreimbursable basis, consistent with the rules
    and regulations of the Senate.

    [[Page 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) <>  Committee Consideration.--A joint committee
    bill introduced in the Senate under subsection (a) shall be jointly
    referred to the Committee on Finance and the Committee on Health,
    Education, Labor, and Pensions, which committees shall report the bill
    without any revision and with a favorable recommendation, an unfavorable
    recommendation, or without recommendation, no later than 7 session days
    after introduction of the bill. If either committee fails to report the
    bill within that period, that committee shall be automatically
    discharged from consideration of the bill, and the bill shall be placed
    on the appropriate calendar.

    (c) Motion to Proceed to Consideration.--
    (1) <>  In general.--Notwithstanding rule
    XXII of the Standing Rules of the Senate, it is in order, not
    later than 2 days of session after the date on which a joint
    committee bill is reported or discharged from the Committee on
    Finance and the Committee on Health, Education, Labor, and
    Pensions, for the Majority Leader of the Senate or the Majority
    Leader's designee to move to proceed to the consideration of the
    joint committee bill. It shall also be in order for any Member
    of the Senate to move to proceed to the consideration of the
    joint committee bill at any time after the conclusion of such 2-
    day period.

    [[Page 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) <>  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 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) <>  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

    [[Page 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. The co-chairs shall be appointed not
    later than 14 calendar days after the date of enactment
    of this Act.
    (D) Date.--Members of the joint committee shall be
    appointed not later than 14 calendar days after the date
    of enactment of this Act.
    (E) Period of appointment.--Members shall be
    appointed for the life of the joint committee. Any
    vacancy in the joint committee shall not affect its
    powers, but shall be filled not later than 14 calendar
    days after the date on which the vacancy occurs, in the
    same manner as the original appointment was made. If a
    member of the joint committee ceases to be a Member of
    the House of Representatives or the Senate, as the case
    may be, the member is no longer a member of the joint
    committee and a vacancy shall exist.
    (4) Administration.--
    (A) <>  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 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) <>  Initial meeting.--Not
    later than 30 calendar days after the date of
    enactment of this Act, the joint committee shall
    hold its first meeting.
    (ii) <>  Agenda.--The co-
    chairs of the joint committee shall provide an
    agenda to the joint committee members not less
    than 48 hours in advance of any meeting.
    (F) Hearings.--
    (i) In general.--The joint committee may, for
    the purpose of carrying out this section, hold
    such hearings, sit and act at such times and
    places, require attendance of witnesses and
    production of books, papers, and documents, take
    such testimony, receive such evidence, and
    administer such oaths as the joint committee
    considers advisable.
    (ii) <>  Hearing
    procedures and responsibilities of co-chairs.--
    (I) <>
    Announcement.--The co-chairs of the
    joint committee shall make a public
    announcement of the date, place, time,
    and subject matter of any hearing to be
    conducted, not less than 7 days in
    advance of such hearing, unless the co-
    chairs determine that there is good
    cause to begin such hearing at an
    earlier date.
    (II) Equal representation of
    witnesses.--Each co-chair shall be
    entitled to select an equal number of
    witnesses for each hearing held by the
    joint committee.
    (III) Written statement.--A witness
    appearing before the joint committee
    shall file a written statement of
    proposed testimony at least 2 calendar
    days before the appearance of the
    witness, unless the requirement is
    waived by the co-chairs, following their
    determination that there is good cause
    for failure to comply with such
    requirement.
    (G) Minimum number of public meetings and
    hearings.--The joint committee shall hold--
    (i) not less than a total of 5 public meetings
    or public hearings; and
    (ii) not less than 3 public hearings, which
    may include field hearings.

    [[Page 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) <>  Committee Consideration.--A joint committee
    bill introduced in the Senate under subsection (a) shall be referred to
    the Committee on the Budget, which shall report the bill without any
    revision and with a favorable recommendation, an unfavorable
    recommendation, or without recommendation, no later than 7 session days
    after introduction of the bill. If the Committee on the Budget fails to
    report the bill within that period, the committee shall be automatically
    discharged from consideration of the bill, and the bill shall be placed
    on the appropriate calendar.

    (c) Motion to Proceed to Consideration.--
    (1) <>  In general.--Notwithstanding rule
    XXII of the Standing Rules of the Senate, it is in order, not
    later than 2 days of session after the date on which a joint
    committee

    [[Page 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) <>  Consideration of motion.--
    Consideration of the motion to proceed to the consideration of
    the joint committee bill and all debatable motions and appeals
    in connection therewith shall not exceed 10 hours, which shall
    be divided equally between the Majority and Minority Leaders or
    their designees. A motion to further limit debate is in order,
    shall require an affirmative vote of three-fifths of Members
    duly chosen and sworn, and is not debatable.
    (3) Vote threshold.--The motion to proceed to the
    consideration of the joint committee bill shall only be agreed
    to upon an affirmative vote of three-fifths of Members duly
    chosen and sworn.
    (4) Limitations.--The motion is not subject to a motion to
    postpone. <>  All points of order against the
    motion to proceed to the joint committee bill are waived. A
    motion to reconsider the vote by which the motion is agreed to
    or disagreed to shall not be in order.
    (5) Deadline.--Not later than the last day of the 115th
    Congress, the Senate shall vote on a motion to proceed to the
    joint committee bill.

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

    DIVISION D--REVENUE MEASURES

    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 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 145]]

    TITLE I--EXTENSION OF <>  EXPIRING PROVISIONS
    SEC. 40101. AMENDMENT OF INTERNAL REVENUE CODE OF 1986.

    Except as otherwise expressly provided, whenever in this title an
    amendment or repeal is expressed in terms of an amendment to, or repeal
    of, a section or other provision, the reference shall be considered to
    be made to a section or other provision of the Internal Revenue Code of
    1986.

    Subtitle A--Tax Relief for Families and Individuals

    SEC. 40201. EXTENSION OF EXCLUSION FROM GROSS INCOME OF DISCHARGE
    OF QUALIFIED PRINCIPAL RESIDENCE
    INDEBTEDNESS.

    (a) In General.--Section 108(a)(1)(E) <>  is
    amended by striking ``January 1, 2017'' each place it appears and
    inserting ``January 1, 2018''.

    (b) <>  Effective Date.--The amendments made
    by this section shall apply to discharges of indebtedness after December
    31, 2016.
    SEC. 40202. EXTENSION OF MORTGAGE INSURANCE PREMIUMS TREATED AS
    QUALIFIED RESIDENCE INTEREST.

    (a) In General.--Subclause (I) of section 163(h)(3)(E)(iv) is
    amended by striking ``December 31, 2016'' and inserting ``December 31,
    2017''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to amounts paid or accrued after December
    31, 2016.
    SEC. 40203. EXTENSION OF ABOVE-THE-LINE DEDUCTION FOR QUALIFIED
    TUITION AND RELATED EXPENSES.

    (a) In General.--Section 222(e) is amended by striking ``December
    31, 2016'' and inserting ``December 31, 2017''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to taxable years beginning after December
    31, 2016.

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

    SEC. 40301. EXTENSION OF INDIAN EMPLOYMENT TAX CREDIT.

    (a) In General.--Section 45A(f) is amended by striking ``December
    31, 2016'' and inserting ``December 31, 2017''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to taxable years beginning after December
    31, 2016.
    SEC. 40302. EXTENSION OF RAILROAD TRACK MAINTENANCE CREDIT.

    (a) In General.--Section 45G(f) is amended by striking ``January 1,
    2017'' and inserting ``January 1, 2018''.
    (b) <>  Effective Date.--
    (1) In general.--The amendment made by this section shall
    apply to expenditures paid or incurred in taxable years
    beginning after December 31, 2016.

    [[Page 146]]

    (2) <>  Safe harbor
    assignments.--Assignments, including related expenditures paid
    or incurred, under paragraph (2) of section 45G(b) of the
    Internal Revenue Code of 1986 for taxable years ending after
    January 1, 2017, and before January 1, 2018, shall be treated as
    effective as of the close of such taxable year if made pursuant
    to a written agreement entered into no later than 90 days
    following the date of the enactment of this Act.
    SEC. 40303. EXTENSION OF MINE RESCUE TEAM TRAINING CREDIT.

    (a) In General.--Section 45N(e) <>  is amended by
    striking ``December 31, 2016'' and inserting ``December 31, 2017''.

    (b) <>  Effective Date.--The amendment made
    by this section shall apply to taxable years beginning after December
    31, 2016.
    SEC. 40304. EXTENSION OF CLASSIFICATION OF CERTAIN RACE HORSES AS
    3-YEAR PROPERTY.

    (a) In General.--Section 168(e)(3)(A)(i) is amended--
    (1) by striking ``January 1, 2017'' in subclause (I) and
    inserting ``January 1, 2018'', and
    (2) by striking ``December 31, 2016'' in subclause (II) and
    inserting ``December 31, 2017''.

    (b) <>  Effective Date.--The amendments made
    by this section shall apply to property placed in service after December
    31, 2016.
    SEC. 40305. EXTENSION OF 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS
    ENTERTAINMENT COMPLEXES.

    (a) In General.--Section 168(i)(15)(D) is amended by striking
    ``December 31, 2016'' and inserting ``December 31, 2017''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to property placed in service after December
    31, 2016.
    SEC. 40306. EXTENSION OF ACCELERATED DEPRECIATION FOR BUSINESS
    PROPERTY ON AN INDIAN RESERVATION.

    (a) In General.--Section 168(j)(9) is amended by striking ``December
    31, 2016'' and inserting ``December 31, 2017''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to property placed in service after December
    31, 2016.
    SEC. 40307. EXTENSION OF ELECTION TO EXPENSE MINE SAFETY
    EQUIPMENT.

    (a) In General.--Section 179E(g) is amended by striking ``December
    31, 2016'' and inserting ``December 31, 2017''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to property placed in service after December
    31, 2016.
    SEC. 40308. EXTENSION OF SPECIAL EXPENSING RULES FOR CERTAIN
    PRODUCTIONS.

    (a) In General.--Section 181(g) is amended by striking ``December
    31, 2016'' and inserting ``December 31, 2017''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to productions commencing after December 31,
    2016.
    SEC. 40309. <>  EXTENSION OF DEDUCTION
    ALLOWABLE WITH RESPECT TO INCOME
    ATTRIBUTABLE TO DOMESTIC PRODUCTION
    ACTIVITIES IN PUERTO RICO.

    For purposes of applying section 199(d)(8)(C) of the Internal
    Revenue Code of 1986 with respect to taxable years beginning during
    2017, such section shall be applied--

    [[Page 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. <>  EXTENSION OF SPECIAL RULE
    RELATING TO QUALIFIED TIMBER GAIN.

    For purposes of applying section 1201(b) of the Internal Revenue
    Code of 1986 with respect to taxable years beginning during 2017, such
    section shall be applied by substituting ``2016 or 2017'' for ``2016''.
    SEC. 40311. EXTENSION OF EMPOWERMENT ZONE TAX INCENTIVES.

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

    (b) <>  Effective Date.--The amendment made
    by subsection (a)(1) shall apply to taxable years beginning after
    December 31, 2016.
    SEC. 40312. EXTENSION OF AMERICAN SAMOA ECONOMIC DEVELOPMENT
    CREDIT.

    (a) In General.--Section 119 of division A of the Tax Relief and
    Health Care Act of 2006 <>  is amended--
    (1) in subsection (d)--
    (A) by striking ``January 1, 2017'' each place it
    appears and inserting ``January 1, 2018'',
    (B) by striking ``first 11 taxable years'' in
    paragraph (1) and inserting ``first 12 taxable years'',
    and
    (C) by striking ``first 5 taxable years'' in
    paragraph (2) and inserting ``first 6 taxable years'',
    and
    (2) in subsection (e), by adding at the end the following:
    ``References in this subsection to section 199 of the Internal
    Revenue Code of 1986 shall be treated as references to such
    section as in effect before its repeal.''.

    (b) <>  Effective Date.--The amendments made
    by this section shall apply to taxable years beginning after December
    31, 2016.

    [[Page 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) <>  is amended
    by striking ``December 31, 2016'' and inserting ``December 31, 2017''.

    (b) <>  Effective Date.--The amendment made
    by this section shall apply to property placed in service after December
    31, 2016.
    SEC. 40402. EXTENSION AND MODIFICATION OF CREDIT FOR RESIDENTIAL
    ENERGY PROPERTY.

    (a) In General.--Section 25D(h) is amended by striking ``December
    31, 2016'' and all that follows and inserting ``December 31, 2021.''.
    (b) Phaseout.--
    (1) In general.--Section 25D(a) is amended by striking ``the
    sum of--'' and all that follows and inserting ``the sum of the
    applicable percentages of--
    ``(1) the qualified solar electric property expenditures,
    ``(2) the qualified solar water heating property
    expenditures,
    ``(3) the qualified fuel cell property expenditures,
    ``(4) the qualified small wind energy property expenditures,
    and
    ``(5) the qualified geothermal heat pump property
    expenditures,

    made by the taxpayer during such year.''.
    (2) Conforming amendment.--Section 25D(g) is amended by
    striking ``paragraphs (1) and (2) of''.

    (c) <>  Effective Date.--The amendment made
    by this section shall apply to property placed in service after December
    31, 2016.
    SEC. 40403. EXTENSION OF CREDIT FOR NEW QUALIFIED FUEL CELL MOTOR
    VEHICLES.

    (a) In General.--Section 30B(k)(1) is amended by striking ``December
    31, 2016'' and inserting ``December 31, 2017''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to property purchased after December 31,
    2016.
    SEC. 40404. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLE
    REFUELING PROPERTY.

    (a) In General.--Section 30C(g) is amended by striking ``December
    31, 2016'' and inserting ``December 31, 2017''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to property placed in service after December
    31, 2016.
    SEC. 40405. EXTENSION OF CREDIT FOR 2-WHEELED PLUG-IN ELECTRIC
    VEHICLES.

    (a) In General.--Section 30D(g)(3)(E)(ii) is amended by striking
    ``January 1, 2017'' and inserting ``January 1, 2018''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to vehicles acquired after December 31,
    2016.

    [[Page 149]]

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

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

    (b) <>  Effective Date.--The amendment made
    by this section shall apply to qualified second generation biofuel
    production after December 31, 2016.
    SEC. 40407. EXTENSION OF BIODIESEL AND RENEWABLE DIESEL
    INCENTIVES.

    (a) Income Tax Credit.--
    (1) In general.--Subsection (g) of section 40A is amended by
    striking ``December 31, 2016'' and inserting ``December 31,
    2017''.
    (2) <>  Effective date.--The
    amendment made by this subsection shall apply to fuel sold or
    used after December 31, 2016.

    (b) Excise Tax Incentives.--
    (1) In general.--Section 6426(c)(6) is amended by striking
    ``December 31, 2016'' and inserting ``December 31, 2017''.
    (2) Payments.--Section 6427(e)(6)(B) is amended by striking
    ``December 31, 2016'' and inserting ``December 31, 2017''.
    (3) <>  Effective date.--The
    amendments made by this subsection shall apply to fuel sold or
    used after December 31, 2016.
    (4) <>
    Special rule for 2017.--Notwithstanding any other provision of
    law, in the case of any biodiesel mixture credit properly
    determined under section 6426(c) of the Internal Revenue Code of
    1986 for the period beginning on January 1, 2017, and ending on
    December 31, 2017, such credit shall be allowed, and any refund
    or payment attributable to such credit (including any payment
    under section 6427(e) of such Code) shall be made, only in such
    manner as the Secretary of the Treasury (or the Secretary's
    delegate) shall provide. Such
    Secretary <>  shall issue guidance
    within 30 days after the date of the enactment of this Act
    providing for a one-time submission of claims covering periods
    described in the preceding sentence. Such guidance shall provide
    for a 180-day period for the submission of such claims (in such
    manner as prescribed by such Secretary) to begin not later than
    30 days after such guidance is issued. Such claims shall be paid
    by such Secretary not later than 60 days after receipt. If such
    Secretary has not paid pursuant to a claim filed under this
    subsection within 60 days after the date of the filing of such
    claim, the claim shall be paid with interest from such date
    determined by using the overpayment rate and method under
    section 6621 of such Code.
    SEC. 40408. EXTENSION OF PRODUCTION CREDIT FOR INDIAN COAL
    FACILITIES.

    (a) In General.--Section 45(e)(10)(A) is amended by striking ``11-
    year period'' each place it appears and inserting ``12-year period''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to coal produced after December 31, 2016.

    [[Page 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) <>  are each amended by striking ``January 1,
    2017'' each place it appears and inserting ``January 1, 2018'':
    (1) Paragraph (2)(A).
    (2) Paragraph (3)(A).
    (3) Paragraph (4)(B).
    (4) Paragraph (6).
    (5) Paragraph (7).
    (6) Paragraph (9).
    (7) Paragraph (11)(B).

    (b) Extension of Election To Treat Qualified Facilities as Energy
    Property.--Section 48(a)(5)(C)(ii) is amended by striking ``January 1,
    2017'' and inserting ``January 1, 2018''.
    (c) <>  Effective Date.--The amendments made
    by this section shall take effect on January 1, 2017.
    SEC. 40410. EXTENSION OF CREDIT FOR ENERGY-EFFICIENT NEW HOMES.

    (a) In General.--Section 45L(g) is amended by striking ``December
    31, 2016'' and inserting ``December 31, 2017''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to homes acquired after December 31, 2016.
    SEC. 40411. EXTENSION AND PHASEOUT OF ENERGY CREDIT.

    (a) Extension of Solar and Thermal Energy Property.--Section
    48(a)(3)(A) is amended--
    (1) by striking ``periods ending before January 1, 2017'' in
    clause (ii) and inserting ``property the construction of which
    begins before January 1, 2022'', and
    (2) by striking ``periods ending before January 1, 2017'' in
    clause (vii) and inserting ``property the construction of which
    begins before January 1, 2022''.

    (b) Phaseout of 30-Percent Credit Rate for Fiber-optic Solar,
    Qualified Fuel Cell, and Qualified Small Wind Energy Property.--
    (1) In general.--Section 48(a) is amended by adding at the
    end the following new paragraph:
    ``(7) Phaseout for fiber-optic solar, qualified fuel cell,
    and qualified small wind energy property.--
    ``(A) <>  In general.--Subject
    to subparagraph (B), in the case of any qualified fuel
    cell property, qualified small wind property, or energy
    property described in paragraph (3)(A)(ii), the energy
    percentage determined under paragraph (2) shall be equal
    to--
    ``(i) in the case of any property the
    construction of which begins after December 31,
    2019, and before January 1, 2021, 26 percent, and
    ``(ii) in the case of any property the
    construction of which begins after December 31,
    2020, and before January 1, 2022, 22 percent.
    ``(B) Placed in service deadline.--In the case of
    any energy property described in subparagraph (A) which
    is not placed in service before January 1, 2024, the
    energy

    [[Page 151]]

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

    (c) Extension of Qualified Fuel Cell Property.--Section 48(c)(1)(D)
    is amended by striking ``for any period after December 31, 2016'' and
    inserting ``the construction of which does not begin before January 1,
    2022''.
    (d) Extension of Qualified Microturbine Property.--Section
    48(c)(2)(D) is amended by striking ``for any period after December 31,
    2016'' and inserting ``the construction of which does not begin before
    January 1, 2022''.
    (e) Extension of Combined Heat and Power System Property.--Section
    48(c)(3)(A)(iv) is amended by striking ``which is placed in service
    before January 1, 2017'' and inserting ``the construction of which
    begins before January 1, 2022''.
    (f) Extension of Qualified Small Wind Energy Property.--Section
    48(c)(4)(C) is amended by striking ``for any period after December 31,
    2016'' and inserting ``the construction of which does not begin before
    January 1, 2022''.
    (g) <>  Effective Date.--
    (1) In general.--Except as otherwise provided in this
    subsection, the amendments made by this section shall apply to
    periods after December 31, 2016, under rules similar to the
    rules of section 48(m) of the Internal Revenue Code of 1986 (as
    in effect on the day before the date of the enactment of the
    Revenue Reconciliation Act of 1990).
    (2) Extension of combined heat and power system property.--
    The amendment made by subsection (e) shall apply to property
    placed in service after December 31, 2016.
    (3) Phaseouts and terminations.--The amendments made by
    subsection (b) shall take effect on the date of the enactment of
    this Act.
    SEC. 40412. EXTENSION OF SPECIAL ALLOWANCE FOR SECOND GENERATION
    BIOFUEL PLANT PROPERTY.

    (a) In General.--Section 168(l)(2)(D) is amended by striking
    ``January 1, 2017'' and inserting ``January 1, 2018''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to property placed in service after December
    31, 2016.
    SEC. 40413. EXTENSION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS
    DEDUCTION.

    (a) In General.--Section 179D(h) is amended by striking ``December
    31, 2016'' and inserting ``December 31, 2017''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to property placed in service after December
    31, 2016.

    [[Page 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, <>  is amended by striking
    ``January 1, 2017'' and inserting ``January 1, 2018''.

    (b) <>  Effective Date.--The amendment made
    by this section shall apply to dispositions after December 31, 2016.
    SEC. 40415. EXTENSION OF EXCISE TAX CREDITS RELATING TO
    ALTERNATIVE FUELS.

    (a) Extension of Alternative Fuels Excise Tax Credits.--
    (1) In general.--Sections 6426(d)(5) and 6426(e)(3) are each
    amended by striking ``December 31, 2016'' and inserting
    ``December 31, 2017''.
    (2) Outlay payments for alternative fuels.--Section
    6427(e)(6)(C) is amended by striking ``December 31, 2016'' and
    inserting ``December 31, 2017''.
    (3) <>  Effective date.--The
    amendments made by this subsection shall apply to fuel sold or
    used after December 31, 2016.

    (b) <>  Special
    Rule for 2017.--Notwithstanding any other provision of law, in the case
    of any alternative fuel credit properly determined under section 6426(d)
    of the Internal Revenue Code of 1986 for the period beginning on January
    1, 2017, and ending on December 31, 2017, such credit shall be allowed,
    and any refund or payment attributable to such credit (including any
    payment under section 6427(e) of such Code) shall be made, only in such
    manner as the Secretary of the Treasury (or the Secretary's delegate)
    shall provide. Such Secretary shall issue guidance within 30 days after
    the date of the enactment of this Act providing for a one-time
    submission of claims covering periods described in the preceding
    sentence. Such <>  guidance shall provide for a
    180-day period for the submission of such claims (in such manner as
    prescribed by such Secretary) to begin not later than 30 days after such
    guidance is issued. Such claims shall be paid by such Secretary not
    later than 60 days after receipt. If such Secretary has not paid
    pursuant to a claim filed under this subsection within 60 days after the
    date of the filing of such claim, the claim shall be paid with interest
    from such date determined by using the overpayment rate and method under
    section 6621 of such Code.
    SEC. 40416. EXTENSION OF OIL SPILL LIABILITY TRUST FUND FINANCING
    RATE.

    (a) In General.--Section 4611(f)(2) is amended by striking
    ``December 31, 2017'' and inserting ``December 31, 2018''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply on and after the first day of the first
    calendar month beginning after the date of the enactment of this Act.

    [[Page 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) <>  is amended--
    (1) by inserting ``or any amendment to'' after ``enactment
    of'' in paragraph (4), and
    (2) by adding at the end the following new paragraph:
    ``(5) Allocation of unutilized limitation.--
    ``(A) In general.--Any unutilized national megawatt
    capacity limitation shall be allocated by the Secretary
    under paragraph (3) as rapidly as is practicable after
    December 31, 2020--
    ``(i) first to facilities placed in service on
    or before such date to the extent that such
    facilities did not receive an allocation equal to
    their full nameplate capacity, and
    ``(ii) then to facilities placed in service
    after such date in the order in which such
    facilities are placed in service.
    ``(B) Unutilized national megawatt capacity
    limitation.--The term <>  `unutilized
    national megawatt capacity limitation' means the excess
    (if any) of--
    ``(i) 6,000 megawatts, over
    ``(ii) the aggregate amount of national
    megawatt capacity limitation allocated by the
    Secretary before January 1, 2021, reduced by any
    amount of such limitation which was allocated to a
    facility which was not placed in service before
    such date.
    ``(C) Coordination with other provisions.--In the
    case of any unutilized national megawatt capacity
    limitation allocated by the Secretary pursuant to this
    paragraph--
    ``(i) such allocation shall be treated for
    purposes of this section in the same manner as an
    allocation of national megawatt capacity
    limitation, and
    ``(ii) subsection (d)(1)(B) shall not apply to
    any facility which receives such allocation.''.

    (b) Transfer of Credit by Certain Public Entities.--
    (1) In general.--Section 45J is amended--
    (A) by redesignating subsection (e) as subsection
    (f), and
    (B) by inserting after subsection (d) the following
    new subsection:

    ``(e) Transfer of Credit by Certain Public Entities.--
    ``(1) In general.--If, with respect to a credit under
    subsection (a) for any taxable year--
    ``(A) a qualified public entity would be the
    taxpayer (but for this paragraph), and
    ``(B) such entity elects the application of this
    paragraph for such taxable year with respect to all (or
    any portion specified in such election) of such credit,
    the eligible project partner specified in such election, and not
    the qualified public entity, shall be treated as the taxpayer

    [[Page 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) <>  is amended by adding at the end the following new
    subparagraph:
    ``(I) In the case of a mutual or cooperative
    electric company described in this paragraph or an
    organization described in section 1381(a)(2), income
    received or accrued in connection with an election under
    section 45J(e)(1) shall be treated as an amount
    collected from members for the sole purpose of meeting
    losses and expenses.''.

    (c) <>  Effective Dates.--

    [[Page 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 <>  II--MISCELLANEOUS PROVISIONS
    SEC. 41101. AMENDMENT OF INTERNAL REVENUE CODE OF 1986.

    Except as otherwise expressly provided, whenever in this title an
    amendment or repeal is expressed in terms of an amendment to, or repeal
    of, a section or other provision, the reference shall be considered to
    be made to a section or other provision of the Internal Revenue Code of
    1986.
    SEC. 41102. MODIFICATIONS TO RUM COVER OVER.

    (a) Extension.--
    (1) In general.--Section 7652(f)(1) <>
    is amended by striking ``January 1, 2017'' and inserting
    ``January 1, 2022''.
    (2) <>  Effective date.--The
    amendment made by this subsection shall apply to distilled
    spirits brought into the United States after December 31, 2016.

    (b) Determination of Taxes on Rum.--
    (1) In general.--Section 7652(e) is amended by adding at the
    end the following new paragraph:
    ``(5) Determination of amount of taxes collected.--For
    purposes of this subsection, the amount of taxes collected under
    section 5001(a)(1) shall be determined without regard to section
    5001(c).''.
    (2) <>  Effective date.--The
    amendment made by this subsection shall apply to distilled
    spirits brought into the United States after December 31, 2017.
    SEC. 41103. EXTENSION OF WAIVER OF LIMITATIONS WITH RESPECT TO
    EXCLUDING FROM GROSS INCOME AMOUNTS
    RECEIVED BY WRONGFULLY INCARCERATED
    INDIVIDUALS.

    (a) In General.--Section 304(d) of the Protecting Americans from Tax
    Hikes Act of 2015 (26 U.S.C. 139F note) is amended by striking ``1-
    year'' and inserting ``3-year''.
    (b) <>  Effective Date.--The amendment made
    by this section shall take effect on the date of the enactment of this
    Act.
    SEC. 41104. INDIVIDUALS HELD HARMLESS ON IMPROPER LEVY ON
    RETIREMENT PLANS.

    (a) In General.--Section 6343 is amended by adding at the end the
    following new subsection:
    ``(f) Individuals Held Harmless on Wrongful Levy, etc. on Retirement
    Plan.--
    ``(1) <>  In general.--If the
    Secretary determines that an individual's account or benefit
    under an eligible retirement plan (as defined in section
    402(c)(8)(B)) has been levied upon in a case to which subsection
    (b) or (d)(2)(A) applies and property or an amount of money is
    returned to the individual--

    [[Page 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 157]]

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

    (b) <>  Effective Date.--The amendment made
    by this section shall apply to amounts paid under subsections (b), (c),
    and (d)(2)(A) of section 6343 of the Internal Revenue Code of 1986 in
    taxable years beginning after December 31, 2017.
    SEC. 41105. MODIFICATION OF USER FEE REQUIREMENTS FOR INSTALLMENT
    AGREEMENTS.

    (a) In General.--Section 6159 <>  is amended by
    redesignating subsection (f) as subsection (g) and by inserting after
    subsection (e) the following new subsection:

    ``(f) Installment Agreement Fees.--
    ``(1) Limitation on fee amount.--The amount of any fee
    imposed on an installment agreement under this section may not
    exceed the amount of such fee as in effect on the date of the
    enactment of this subsection.
    ``(2) Waiver or reimbursement.--In the case of any taxpayer
    with an adjusted gross income, as determined for the most recent
    year for which such information is available, which does not
    exceed 250 percent of the applicable poverty level (as
    determined by the Secretary)--
    ``(A) if the taxpayer has agreed to make payments
    under the installment agreement by electronic payment
    through a debit instrument, no fee shall be imposed on
    an installment agreement under this section, and
    ``(B) if the taxpayer is unable to make payments
    under the installment agreement by electronic payment
    through a debit instrument, the Secretary shall, upon
    completion of the installment agreement, pay the
    taxpayer an amount equal to any such fees imposed.''.

    (b) <>  Effective Date.--The amendments
    made by this section shall apply to agreements entered into on or after
    the date which is 60 days after the date of the enactment of this Act.
    SEC. 41106. <>  FORM 1040SR FOR SENIORS.

    (a) In General.--The Secretary of the Treasury (or the Secretary's
    delegate) shall make available a form, to be known as ``Form 1040SR'',
    for use by individuals to file the return of tax imposed by chapter 1 of
    the Internal Revenue Code of 1986. Such form shall be as similar as
    practicable to Form 1040EZ, except that--
    (1) the form shall be available only to individuals who have
    attained age 65 as of the close of the taxable year,
    (2) the form may be used even if income for the taxable year
    includes--
    (A) social security benefits (as defined in section
    86(d) of the Internal Revenue Code of 1986),
    (B) distributions from qualified retirement plans
    (as defined in section 4974(c) of such Code), annuities
    or other such deferred payment arrangements,
    (C) interest and dividends, or
    (D) capital gains and losses taken into account in
    determining adjusted net capital gain (as defined in
    section 1(h)(3) of such Code), and
    (3) the form shall be available without regard to the amount
    of any item of taxable income or the total amount of taxable
    income for the taxable year.

    [[Page 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) <>  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) <>  Effective Date.--The amendment made
    by this section shall apply to taxable years beginning after December
    31, 2017.
    SEC. 41108. CLARIFICATION OF WHISTLEBLOWER AWARDS.

    (a) Definition of Proceeds.--
    (1) In general.--Section 7623 is amended by adding at the
    end the following new subsection:

    ``(c) Proceeds.--For purposes of this section, the term `proceeds'
    includes--
    ``(1) penalties, interest, additions to tax, and additional
    amounts provided under the internal revenue laws, and
    ``(2) any proceeds arising from laws for which the Internal
    Revenue Service is authorized to administer, enforce, or
    investigate, including--
    ``(A) criminal fines and civil forfeitures, and
    ``(B) violations of reporting requirements.''.
    (2) Conforming amendments.--Paragraphs (1) and (2)(A) of
    section 7623(b) are each amended by striking ``collected
    proceeds (including penalties, interest, additions to tax, and
    additional amounts) resulting from the action'' and inserting
    ``proceeds collected as a result of the action''.

    (b) Amount of Proceeds Determined Without Regard to Availability.--
    Paragraphs (1) and (2)(A) of section 7623(b) are each amended by
    inserting ``(determined without regard to whether such proceeds are
    available to the Secretary)'' after ``in response to such action''.
    (c) Disputed Amount Threshold.--Section 7623(b)(5)(B) is amended by
    striking ``tax, penalties, interest, additions to tax, and additional
    amounts'' and inserting ``proceeds''.
    (d) <>  Effective Date.--The amendments
    made by this section shall apply to information provided before, on, or
    after the date

    [[Page 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, <>  is
    amended--
    (1) by inserting ``tuition-paying'' after ``500'' in
    subparagraph (A), and
    (2) by inserting ``tuition-paying'' after ``50 percent of
    the'' in subparagraph (B).

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

    (a) In General.--Section 4943 is amended by adding at the end the
    following new subsection:
    ``(g) Exception for Certain Holdings Limited to Independently-
    operated Philanthropic Business.--
    ``(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 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) <>  Effective Date.--The amendment made
    by this section shall apply to taxable years beginning after December
    31, 2017.
    SEC. 41111. RULE OF CONSTRUCTION FOR CRAFT BEVERAGE MODERNIZATION
    AND TAX REFORM.

    (a) In General.--Subpart A of part IX of subtitle C of title I of
    Public Law 115-97 is amended by adding at the end the following new
    section:
    ``SEC. 13809. <>  RULE OF CONSTRUCTION.

    ``Nothing in this subpart, the amendments made by this subpart, or
    any regulation promulgated under this subpart or the amendments made by
    this subpart, shall be construed to preempt, supersede, or otherwise
    limit or restrict any State, local, or tribal law that prohibits or
    regulates the production or sale of distilled spirits, wine, or malt
    beverages.''.
    (b) <>  Effective Date.--The amendment made
    by this section shall take effect as if included in Public Law 115-97.
    SEC. 41112. SIMPLIFICATION OF RULES REGARDING RECORDS, STATEMENTS,
    AND RETURNS.

    (a) <>  In General.--Subsection (a) of section
    5555 is amended by adding at the end the following: ``For calendar
    quarters beginning after the date of the enactment of this sentence, and
    before January 1, 2020, the Secretary shall permit a person to employ a
    unified system for any records, statements, and returns required to be
    kept, rendered, or made under this section for any beer produced in the
    brewery for which the tax imposed by section 5051 has been determined,
    including any beer which has been removed for consumption on the
    premises of the brewery.''.

    (b) <>  Effective Date.--The amendment made
    by this section shall apply to calendar quarters beginning after the
    date of the enactment of this Act.

    [[Page 161]]

    SEC. 41113. <>  MODIFICATION OF RULES
    GOVERNING HARDSHIP DISTRIBUTIONS.

    (a) <>  In General.--Not later than 1 year after
    the date of the enactment of this Act, the Secretary of the Treasury
    shall modify Treasury Regulation section 1.401(k)-1(d)(3)(iv)(E) to--
    (1) delete the 6-month prohibition on contributions imposed
    by paragraph (2) thereof, and
    (2) make any other modifications necessary to carry out the
    purposes of section 401(k)(2)(B)(i)(IV) of the Internal Revenue
    Code of 1986.

    (b) Effective Date.--The revised regulations under this section
    shall apply to plan years beginning after December 31, 2018.
    SEC. 41114. MODIFICATION OF RULES RELATING TO HARDSHIP WITHDRAWALS
    FROM CASH OR DEFERRED ARRANGEMENTS.

    (a) In General.--Section 401(k) <>  is amended by
    adding at the end the following:
    ``(14) Special rules relating to hardship withdrawals.--For
    purposes of paragraph (2)(B)(i)(IV)--
    ``(A) Amounts which may be withdrawn.--The following
    amounts may be distributed upon hardship of the
    employee:
    ``(i) Contributions to a profit-sharing or
    stock bonus plan to which section 402(e)(3)
    applies.
    ``(ii) Qualified nonelective contributions (as
    defined in subsection (m)(4)(C)).
    ``(iii) Qualified matching contributions
    described in paragraph (3)(D)(ii)(I).
    ``(iv) Earnings on any contributions described
    in clause (i), (ii), or (iii).
    ``(B) No requirement to take available loan.--A
    distribution shall not be treated as failing to be made
    upon the hardship of an employee solely because the
    employee does not take any available loan under the
    plan.''.

    (b) Conforming Amendment.--Section 401(k)(2)(B)(i)(IV) is amended to
    read as follows:
    ``(IV) subject to the provisions of
    paragraph (14), upon hardship of the
    employee, or''.

    (c) <>  Effective Date.--The amendments made
    by this section shall apply to plan years beginning after December 31,
    2018.
    SEC. 41115. OPPORTUNITY ZONES RULE FOR PUERTO RICO.

    (a) In General.--Subsection (b) of section 1400Z-1 is amended by
    adding at the end the following new paragraph:
    ``(3) <>  Special rule
    for puerto rico.--Each population census tract in Puerto Rico
    that is a low- income community shall be deemed to be certified
    and designated as a qualified opportunity zone, effective on the
    date of the enactment of Public Law 115-97.''.

    (b) Conforming Amendment.--Section 1400Z-1(d)(1) is amended by
    inserting ``and subsection (b)(3)'' after ``paragraph (2)''.
    SEC. 41116. TAX HOME OF CERTAIN CITIZENS OR RESIDENTS OF THE
    UNITED STATES LIVING ABROAD.

    (a) In General.--Paragraph (3) of section 911(d) is amended by
    inserting before the period at the end of the second sentence the
    following: ``, unless such individual is serving in an area designated
    by the President of the United States by Executive order

    [[Page 162]]

    as a combat zone for purposes of section 112 in support of the Armed
    Forces of the United States''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to taxable years beginning after December
    31, 2017.
    SEC. 41117. TREATMENT OF FOREIGN PERSONS FOR RETURNS RELATING TO
    PAYMENTS MADE IN SETTLEMENT OF PAYMENT
    CARD AND THIRD PARTY NETWORK
    TRANSACTIONS.

    (a) In General.--Section 6050W(d)(1)(B) <>  is
    amended by adding at the end the following: ``Notwithstanding the
    preceding sentence, a person with only a foreign address shall not be
    treated as a participating payee with respect to any payment settlement
    entity solely because such person receives payments from such payment
    settlement entity in dollars.''.

    (b) <>  Effective Date.--The amendment
    made by this section shall apply to returns for calendar years beginning
    after December 31, 2017.
    SEC. 41118. REPEAL OF SHIFT IN TIME OF PAYMENT OF CORPORATE
    ESTIMATED TAXES.

    The Trade Preferences Extension Act of 2015 is amended by striking
    section 803 <>  (relating to time for payment
    of corporate estimated taxes).
    SEC. 41119. ENHANCEMENT OF CARBON DIOXIDE SEQUESTRATION CREDIT.

    (a) In General.--Section 45Q is amended to read as follows:
    ``SEC. 45Q. CREDIT FOR CARBON OXIDE SEQUESTRATION.

    ``(a) General Rule.--For purposes of section 38, the carbon oxide
    sequestration credit for any taxable year is an amount equal to the sum
    of--
    ``(1) $20 per metric ton of qualified carbon oxide which
    is--
    ``(A) captured by the taxpayer using carbon capture
    equipment which is originally placed in service at a
    qualified facility before the date of the enactment of
    the Bipartisan Budget Act of 2018, and
    ``(B) disposed of by the taxpayer in secure
    geological storage and not used by the taxpayer as
    described in paragraph (2)(B),
    ``(2) $10 per metric ton of qualified carbon oxide which
    is--
    ``(A) captured by the taxpayer using carbon capture
    equipment which is originally placed in service at a
    qualified facility before the date of the enactment of
    the Bipartisan Budget Act of 2018, and
    ``(B)(i) used by the taxpayer as a tertiary
    injectant in a qualified enhanced oil or natural gas
    recovery project and disposed of by the taxpayer in
    secure geological storage, or
    ``(ii) utilized by the taxpayer in a manner
    described in subsection (f)(5),
    ``(3) <>  the applicable dollar amount
    (as determined under subsection (b)(1)) per metric ton of
    qualified carbon oxide which is--

    [[Page 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) <>  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 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) <>  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 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) <>  Recycled carbon oxide.--The
    term `qualified carbon oxide' includes the initial deposit of
    captured carbon oxide used as a tertiary injectant. Such term
    does not include carbon oxide that is recaptured, recycled, and
    re-injected as part of the enhanced oil and natural gas recovery
    process.

    ``(d) <>  Qualified Facility.--For purposes of
    this section, the term `qualified facility' means any industrial
    facility or direct air capture facility--
    ``(1) the construction of which begins before January 1,
    2024, and--
    ``(A) construction of carbon capture equipment
    begins before such date, or
    ``(B) the original planning and design for such
    facility includes installation of carbon capture
    equipment, and
    ``(2) which captures--
    ``(A) in the case of a facility which emits not more
    than 500,000 metric tons of carbon oxide into the
    atmosphere during the taxable year, not less than 25,000
    metric tons of qualified carbon oxide during the taxable
    year which is utilized in a manner described in
    subsection (f)(5),
    ``(B) in the case of an electricity generating
    facility which is not described in subparagraph (A), not
    less than 500,000 metric tons of qualified carbon oxide
    during the taxable year, or
    ``(C) in the case of a direct air capture facility
    or any facility not described in subparagraph (A) or
    (B), not less than 100,000 metric tons of qualified
    carbon oxide during the taxable year.

    ``(e) Definitions.--For purposes of this section--
    ``(1) Direct air capture facility.--
    ``(A) In general.--Subject to subparagraph (B), the
    term `direct air capture facility' means any facility
    which uses carbon capture equipment to capture carbon
    dioxide directly from the ambient air.
    ``(B) Exception.--The term `direct air capture
    facility' shall not include any facility which captures
    carbon dioxide--
    ``(i) which is deliberately released from
    naturally occurring subsurface springs, or
    ``(ii) using natural photosynthesis.
    ``(2) Qualified enhanced oil or natural gas recovery
    project.--The term `qualified enhanced oil or natural gas
    recovery project' has the meaning given the term `qualified
    enhanced oil recovery project' by section 43(c)(2), by
    substituting `crude oil or natural gas' for `crude oil' in
    subparagraph (A)(i) thereof.
    ``(3) Tertiary injectant.--The term `tertiary injectant' has
    the same meaning as when used within section 193(b)(1).

    ``(f) Special Rules.--
    ``(1) Only qualified carbon oxide captured and disposed of
    or used within the united states taken into

    [[Page 166]]

    account.-- <> The credit under this
    section shall apply only with respect to qualified carbon oxide
    the capture and disposal, use, or utilization of which is
    within--
    ``(A) the United States (within the meaning of
    section 638(1)), or
    ``(B) a possession of the United States (within the
    meaning of section 638(2)).
    ``(2) <>  Secure geological storage.--
    The Secretary, in consultation with the Administrator of the
    Environmental Protection Agency, the Secretary of Energy, and
    the Secretary of the Interior, shall establish regulations for
    determining adequate security measures for the geological
    storage of qualified carbon oxide under subsection (a) such that
    the qualified carbon oxide does not escape into the atmosphere.
    Such term shall include storage at deep saline formations, oil
    and gas reservoirs, and unminable coal seams under such
    conditions as the Secretary may determine under such
    regulations.
    ``(3) Credit attributable to taxpayer.--
    ``(A) In general.--Except as provided in
    subparagraph (B) or in any regulations prescribed by the
    Secretary, any credit under this section shall be
    attributable to--
    ``(i) in the case of qualified carbon oxide
    captured using carbon capture equipment which is
    originally placed in service at a qualified
    facility before the date of the enactment of the
    Bipartisan Budget Act of 2018, the person that
    captures and physically or contractually ensures
    the disposal, utilization, or use as a tertiary
    injectant of such qualified carbon oxide, and
    ``(ii) in the case of qualified carbon oxide
    captured using carbon capture equipment which is
    originally placed in service at a qualified
    facility on or after the date of the enactment of
    the Bipartisan Budget Act of 2018, the person that
    owns the carbon capture equipment and physically
    or contractually ensures the capture and disposal,
    utilization, or use as a tertiary injectant of
    such qualified carbon oxide.
    ``(B) Election.--If the person described in
    subparagraph (A) makes an election under this
    subparagraph in such time and manner as the Secretary
    may prescribe by regulations, the credit under this
    section--
    ``(i) shall be allowable to the person that
    disposes of the qualified carbon oxide, utilizes
    the qualified carbon oxide, or uses the qualified
    carbon oxide as a tertiary injectant, and
    ``(ii) shall not be allowable to the person
    described in subparagraph (A).
    ``(4) Recapture.--The Secretary shall, by regulations,
    provide for recapturing the benefit of any credit allowable
    under subsection (a) with respect to any qualified carbon oxide
    which ceases to be captured, disposed of, or used as a tertiary
    injectant in a manner consistent with the requirements of this
    section.
    ``(5) Utilization of qualified carbon oxide.--
    ``(A) <>  In general.--For
    purposes of this section, utilization of qualified
    carbon oxide means--
    ``(i) the fixation of such qualified carbon
    oxide through photosynthesis or chemosynthesis,
    such as through the growing of algae or bacteria,

    [[Page 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) <>
    In general.--For purposes of determining the
    amount of qualified carbon oxide utilized by the
    taxpayer under paragraph (2)(B)(ii) or (4)(B)(ii)
    of subsection (a), such amount shall be equal to
    the metric tons of qualified carbon oxide which
    the taxpayer demonstrates, based upon an analysis
    of lifecycle greenhouse gas emissions and subject
    to such requirements as the Secretary, in
    consultation with the Secretary of Energy and the
    Administrator of the Environmental Protection
    Agency, determines appropriate, were--
    ``(I) captured and permanently
    isolated from the atmosphere, or
    ``(II) displaced from being emitted
    into the atmosphere,
    through use of a process described in subparagraph
    (A).
    ``(ii) <>  Lifecycle
    greenhouse gas emissions.--For purposes of clause
    (i), the term `lifecycle greenhouse gas emissions'
    has the same meaning given such term under
    subparagraph (H) of section 211(o)(1) of the Clean
    Air Act (42 U.S.C. 7545(o)(1)), as in effect on
    the date of the enactment of the Bipartisan Budget
    Act of 2018, except that `product' shall be
    substituted for `fuel' each place it appears in
    such subparagraph.
    ``(6) Election for applicable facilities.--
    ``(A) In general.--For purposes of this section, in
    the case of an applicable facility, for any taxable year
    in which such facility captures not less than 500,000
    metric tons of qualified carbon oxide during the taxable
    year, the person described in paragraph (3)(A)(ii) may
    elect to have such facility, and any carbon capture
    equipment placed in service at such facility, deemed as
    having been placed in service on the date of the
    enactment of the Bipartisan Budget Act of 2018.
    ``(B) <>  Applicable facility.--
    For purposes of this paragraph, the term `applicable
    facility' means a qualified facility--
    ``(i) which was placed in service before the
    date of the enactment of the Bipartisan Budget Act
    of 2018, and
    ``(ii) for which no taxpayer claimed a credit
    under this section in regards to such facility for
    any taxable year ending before the date of the
    enactment of such Act.
    ``(7) Inflation adjustment.--In the case of any taxable year
    beginning in a calendar year after 2009, there shall be
    substituted for each dollar amount contained in paragraphs

    [[Page 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.--
    <> In the case of any
    carbon capture equipment placed in service before the date of the
    enactment of the Bipartisan Budget Act of 2018, the credit under this
    section shall apply with respect to qualified carbon oxide captured
    using such equipment before the end of the calendar year in which the
    Secretary, in consultation with the Administrator of the Environmental
    Protection Agency, certifies that, during the period beginning after
    October 3, 2008, a total of 75,000,000 metric tons of qualified carbon
    oxide have been taken into account in accordance with--
    ``(1) subsection (a) of this section, as in effect on the
    day before the date of the enactment of the Bipartisan Budget
    Act of 2018, and
    ``(2) paragraphs (1) and (2) of subsection (a) of this
    section.

    ``(h) Regulations.--The Secretary may prescribe such regulations and
    other guidance as may be necessary or appropriate to carry out this
    section, including regulations or other guidance to--
    ``(1) ensure proper allocation under subsection (a) for
    qualified carbon oxide captured by a taxpayer during the taxable
    year ending after the date of the enactment of the Bipartisan
    Budget Act of 2018, and
    ``(2) <>  determine whether a facility
    satisfies the requirements under subsection (d)(1) during such
    taxable year.''.

    (b) Effective Date.-- <> The
    amendment made by this section shall apply to taxable years beginning
    after December 31, 2017.

    DIVISION E-- <> HEALTH AND HUMAN SERVICES EXTENDERS
    SEC. 50100. SHORT TITLE; TABLE OF CONTENTS.

    (a) <>  Short Title.--This division may be
    cited as the ``Advancing Chronic Care, Extenders, and Social Services
    (ACCESS) Act''

    (b) Table of Contents.--The table of contents for this division is
    as follows:

    DIVISION E--HEALTH AND HUMAN SERVICES EXTENDERS

    Sec. 50100. Short title; table of contents.

    TITLE I--CHIP

    Sec. 50101. Funding extension of the Children's Health Insurance Program
    through fiscal year 2027.
    Sec. 50102. Extension of pediatric quality measures program.
    Sec. 50103. Extension of outreach and enrollment program.

    TITLE II--MEDICARE EXTENDERS

    Sec. 50201. Extension of work GPCI floor.
    Sec. 50202. Repeal of Medicare payment cap for therapy services;
    limitation to ensure appropriate therapy.
    Sec. 50203. Medicare ambulance services.
    Sec. 50204. Extension of increased inpatient hospital payment adjustment
    for certain low-volume hospitals.
    Sec. 50205. Extension of the Medicare-dependent hospital (MDH) program.
    Sec. 50206. Extension of funding for quality measure endorsement, input,
    and selection; reporting requirements.

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

    [[Page 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 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 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) <>  for the period of
    fiscal years 2024 through 2027, $60,000,000 for the
    purpose of carrying out this section (other than
    subsections (e), (f), and (g)).''.

    (b) Making Reporting Mandatory.--Section 1139A of the Social
    Security Act (42 U.S.C. 1320b-9a) is amended--
    (1) in subsection (a)--
    (A) in the heading for paragraph (4), by inserting
    ``and mandatory reporting'' after ``reporting'';
    (B) in paragraph (4)--
    (i) by striking ``Not later than'' and
    inserting the following:
    ``(A) Voluntary reporting.--Not later than''; and
    (ii) by adding at the end the following:
    ``(B) <>  Mandatory
    reporting.--Beginning with the annual State report on
    fiscal year 2024 required under subsection (c)(1), the
    Secretary shall require States to use the initial core
    measurement set and any updates or changes to that set
    to report information regarding the quality of pediatric
    health care under titles XIX and XXI using the
    standardized format for reporting information and
    procedures developed under subparagraph (A).''; and
    (C) in paragraph (6)(B), by inserting ``and,
    beginning with the report required on January 1, 2025,
    and for each annual report thereafter, the status of
    mandatory reporting by States under titles XIX and XXI,
    utilizing the initial core quality measurement set and
    any updates or changes to that set'' before the
    semicolon; and
    (2) <>  in subsection (c)(1)(A), by
    inserting ``and, beginning with the annual report on fiscal year
    2024, all of the core measures described in subsection (a) and
    any updates or changes to those measures'' before the semicolon.

    [[Page 176]]

    SEC. 50103. <>  EXTENSION OF OUTREACH AND
    ENROLLMENT PROGRAM.

    (a) In General.--Section 2113 of the Social Security Act (42 U.S.C.
    1397mm), as amended by section 3004(a) of the HEALTHY KIDS Act (division
    C of Public Law 115-120), is amended--
    (1) in subsection (a)(1), by striking ``2023'' and inserting
    ``2027''; and
    (2) in subsection (g)--
    (A) by striking ``and $120,000,000'' and inserting
    ``, $120,000,000''; and
    (B) by inserting ``, and $48,000,000 for the period
    of fiscal years 2024 through 2027'' after ``2023''.

    (b) Additional Reserved Funds.--Section 2113(a) of the Social
    Security Act (42 U.S.C. 1397mm(a)) is amended--
    (1) in paragraph (1), by striking ``paragraph (2)'' and
    inserting ``paragraphs (2) and (3)''; and
    (2) by adding at the end the following new paragraph:
    ``(3) Ten percent set aside for evaluating and providing
    technical assistance to grantees.--For the period of fiscal
    years 2024 through 2027, an amount equal to 10 percent of such
    amounts shall be used by the Secretary for the purpose of
    evaluating and providing technical assistance to eligible
    entities awarded grants under this section.''.

    (c) Use of Reserved Funds for National Enrollment and Retention
    Strategies.--Section 2113(h) of the Social Security Act (42 U.S.C.
    1397mm(h)) is amended--
    (1) in paragraph (5), by striking ``; and'' and inserting a
    semicolon;
    (2) by redesignating paragraph (6) as paragraph (7); and
    (3) by inserting after paragraph (5) the following new
    paragraph:
    ``(6) the development of materials and toolkits and the
    provision of technical assistance to States regarding enrollment
    and retention strategies for eligible children under this title
    and title XIX; and''.

    TITLE II--MEDICARE EXTENDERS

    SEC. 50201. EXTENSION OF WORK GPCI FLOOR.

    Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
    4(e)(1)(E)) is amended by striking ``January 1, 2018'' and inserting
    ``January 1, 2020''.
    SEC. 50202. REPEAL OF MEDICARE PAYMENT CAP FOR THERAPY SERVICES;
    LIMITATION TO ENSURE APPROPRIATE
    THERAPY.

    Section 1833(g) of the Social Security Act (42 U.S.C. 1395l(g)) is
    amended--
    (1) in paragraph (1)--
    (A) by striking ``Subject to paragraphs (4) and
    (5)'' and inserting ``(A) Subject to paragraphs (4) and
    (5)'';
    (B) in the subparagraph (A), as inserted and
    designated by subparagraph (A) of this paragraph, by
    adding at the end the following new sentence: ``The
    preceding sentence shall not apply to expenses incurred
    with respect to services furnished after December 31,
    2017.''; and
    (C) by adding at the end the following new
    subparagraph:

    [[Page 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 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) <>  Funding.--For
    purposes of carrying out this subparagraph, the
    Secretary shall provide for the transfer, from the
    Federal Supplementary Medical Insurance Trust Fund under
    section 1841 to the Centers for Medicare & Medicaid
    Services Program Management Account, of $5,000,000 for
    each fiscal year beginning with fiscal year 2018, to
    remain available until expended. Such funds may not be
    used by a contractor under section 1893(h) for medical
    reviews under this subparagraph.''.
    SEC. 50203. MEDICARE AMBULANCE SERVICES.

    (a) Extension of Certain Ground Ambulance Add-on Payments.--
    (1) Ground ambulance.--Section 1834(l)(13)(A) of the Social
    Security Act (42 U.S.C. 1395m(l)(13)(A)) is amended by striking
    ``2018'' and inserting ``2023'' each place it appears.
    (2) Super rural ambulance.--Section 1834(l)(12)(A) of the
    Social Security Act (42 U.S.C. 1395m(l)(12)(A)) is amended, in
    the first sentence, by striking ``2018'' and inserting ``2023''.

    (b) Requiring Ground Ambulance Providers of Services and Suppliers
    to Submit Cost and Other Information.--Section 1834(l) of the Social
    Security Act (42 U.S.C. 1395m(l)) is amended by adding at the end the
    following new paragraph:
    ``(17) Submission of cost and other information.--
    ``(A) Development of data collection system.--The
    Secretary shall develop a data collection system (which
    may include use of a cost survey) to collect cost,
    revenue, utilization, and other information determined
    appropriate by the Secretary with respect to providers
    of services (in this paragraph referred to as
    `providers') and suppliers of ground ambulance services.
    Such system shall be designed to collect information--
    ``(i) <>  needed to
    evaluate the extent to which reported costs relate
    to payment rates under this subsection;
    ``(ii) on the utilization of capital equipment
    and ambulance capacity, including information
    consistent with the type of information described
    in section 1121(a); and
    ``(iii) on different types of ground ambulance
    services furnished in different geographic
    locations,

    [[Page 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) not later than December 31,
    2019, specify the data collection system
    under subparagraph (A); and
    ``(II) identify the providers and
    suppliers of ground ambulance services
    that would be required to submit
    information under such data collection
    system, including the representative
    sample described in clause (ii).
    ``(ii) Determination of representative
    sample.--
    ``(I) In general.--Not later than
    December 31, 2019, with respect to the
    data collection for the first year under
    such system, and for each subsequent
    year through 2024, the Secretary shall
    determine a representative sample to
    submit information under the data
    collection system.
    ``(II) Requirements.--The sample
    under subclause (I) shall be
    representative of the different types of
    providers and suppliers of ground
    ambulance services (such as those
    providers and suppliers that are part of
    an emergency service or part of a
    government organization) and the
    geographic locations in which ground
    ambulance services are furnished (such
    as urban, rural, and low population
    density areas).
    ``(III) Limitation.--The Secretary
    shall not include an individual provider
    or supplier of ground ambulance services
    in the sample under subclause (I) in 2
    consecutive years, to the extent
    practicable.
    ``(C) Reporting of cost information.--For each year,
    a provider or supplier of ground ambulance services
    identified by the Secretary under subparagraph
    (B)(i)(II) as being required to submit information under
    the data collection system with respect to a period for
    the year shall submit to the Secretary information
    specified under the system. Such information shall be
    submitted in a form and manner, and at a time, specified
    by the Secretary for purposes of this subparagraph.
    ``(D) Payment reduction for failure to report.--
    ``(i) <>  In general.--
    Beginning January 1, 2022, subject to clause (ii),
    a 10 percent reduction to payments under this
    subsection shall be made for the applicable period
    (as defined in clause (ii)) to a provider or
    supplier of ground ambulance services that--
    ``(I) is required to submit
    information under the data collection
    system with respect to a period under
    subparagraph (C); and
    ``(II) does not sufficiently submit
    such information, as determined by the
    Secretary.
    ``(ii) Applicable period defined.--For
    purposes of clause (i), the term `applicable
    period' means, with respect to a provider or
    supplier of ground ambulance

    [[Page 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) <>  Subsequent data
    collection.--In order to continue to evaluate the
    extent to which reported costs relate to payment
    rates under this subsection and for other purposes
    the Secretary deems appropriate, the Secretary
    shall require providers and suppliers of ground
    ambulance services to submit information for years
    after 2024 as the Secretary determines
    appropriate, but in no case less often than once
    every 3 years.
    ``(F) Ground ambulance data collection system
    study.--
    ``(i) <>  In
    general.--Not later than March 15, 2023, and as
    determined necessary by the Medicare Payment
    Advisory Commission thereafter, such Commission
    shall assess, and submit to Congress a report on,
    information submitted by providers and suppliers
    of ground ambulance services through the data
    collection system under subparagraph (A), the
    adequacy of payments for ground ambulance services
    under this subsection, and geographic variations
    in the cost of furnishing such services.
    ``(ii) <>  Contents.--A
    report under clause (i) shall contain the
    following:
    ``(I) An analysis of information
    submitted through the data collection
    system.
    ``(II) An analysis of any burden on
    providers and suppliers of ground
    ambulance services associated with the
    data collection system.
    ``(III) <>
    A recommendation as to whether
    information should continue to be
    submitted through such data collection
    system or if such

    [[Page 181]]

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

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

    [[Page 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) <>  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 183]]

    ``Subclause <>  (I)(bb) shall apply for purposes
    of payment under clause (ii) only for discharges of a hospital occurring
    on or after the effective date of a determination of medicare-dependent
    small rural hospital status made by the Secretary with respect to the
    hospital after the date of the enactment of this sentence. For purposes
    of applying subclause (II) of paragraph (8)(E)(ii) under subclause
    (I)(bb), such subclause (II) shall be applied by inserting `as of
    January 1, 2018,' after `such State' each place it appears.''.

    (b) Conforming Amendments.--
    (1) Extension of target amount.--Section 1886(b)(3)(D) of
    the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is amended--
    (A) in the matter preceding clause (i), by striking
    ``October 1, 2017'' and inserting ``October 1, 2022'';
    and
    (B) in clause (iv), by striking ``through fiscal
    year 2017'' and inserting ``through fiscal year 2022''.
    (2) Permitting hospitals to decline reclassification.--
    Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of
    1993 (42 U.S.C. 1395ww note) is amended by striking ``through
    fiscal year 2017'' and inserting ``through fiscal year 2022''.

    (c) GAO Study and Report.--
    (1) Study.--The Comptroller General of the United States (in
    this subsection referred to as the ``Comptroller General'')
    shall conduct a study on the medicare-dependent, small rural
    hospital program under section 1886(d) of the Social Security
    Act (42 U.S.C. 1395x(d)). <>  Such study shall
    include an analysis of the following:
    (A) The payor mix of medicare-dependent, small rural
    hospitals (as defined in paragraph (5)(G)(iv) of such
    section 1886(d)), how such mix will trend in future
    years (based on current trends and projections), and
    whether or not the requirement under subclause (IV) of
    such paragraph should be revised.
    (B) The characteristics of medicare-dependent, small
    rural hospitals that meet the requirement of such
    subclause (IV) through the application of paragraph
    (a)(iii)(A) or (a)(iii)(B) of section 412.108 of title
    42, Code of Federal Regulations, including Medicare
    inpatient and outpatient utilization, payor mix, and
    financial status (including Medicare and total margins),
    and whether or not Medicare payments for such hospitals
    should be revised.
    (C) Such other items related to medicare-dependent,
    small rural hospitals as the Comptroller General
    determines appropriate.
    (2) <>  Report.--Not later than 2
    years after the date of the enactment of this Act, the
    Comptroller General shall submit to Congress a report containing
    the results of the study conducted under paragraph (1), together
    with recommendations for such legislation and administrative
    action as the Comptroller General determines appropriate.
    SEC. 50206. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT,
    INPUT, AND SELECTION; REPORTING
    REQUIREMENTS.

    (a) Extension of Funding.--Section 1890(d)(2) of the Social Security
    Act (42 U.S.C. 1395aaa(d)(2)) is amended--

    [[Page 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) <>  Annual Report by Secretary to
    Congress.--By not later than March 1 of each year (beginning with 2019),
    the Secretary shall submit to Congress a report containing the
    following:
    ``(1) <>  A comprehensive plan that
    identifies the quality measurement needs of programs and
    initiatives of the Secretary and provides a strategy for using
    the entity with a contract under subsection (a) and any other
    entity the Secretary has contracted with or may contract with to
    perform work associated with section 1890A to help meet those
    needs, specifically with respect to the programs under this
    title and title XIX. In <>  years after the
    first plan under this paragraph is submitted, the requirements
    of this paragraph may be met by providing an update to the plan.
    ``(2) The amount of funding provided under subsection (d)
    for purposes of carrying out this section and section 1890A that
    has been obligated by the Secretary, the amount of funding
    provided that has been expended, and the amount of funding
    provided that remains unobligated.
    ``(3) With respect to the activities described under this
    section or section 1890A, a description of how the funds
    described in paragraph (2) have been obligated or expended,
    including how much of that funding has been obligated or
    expended for work performed by the Secretary, the entity with a
    contract under subsection (a), and any other entity the
    Secretary has contracted with to perform work.
    ``(4) A description of the activities for which the funds
    described in paragraph (2) were used, including task orders and
    activities assigned to the entity with a contract under
    subsection (a), activities performed by the Secretary, and task
    orders and activities assigned to any other entity the Secretary
    has contracted with to perform work related to carrying out
    section 1890A.
    ``(5) The amount of funding described in paragraph (2) that
    has been obligated or expended for each of the activities
    described in paragraph (4).
    ``(6) <>  Estimates for, and
    descriptions of, obligations and expenditures that the Secretary
    anticipates will be needed in the succeeding two year period to
    carry out each of the quality measurement activities required
    under this section and section 1890A, including any obligations
    that will require funds to be expended in a future year.''.

    (c) Revisions to Annual Report From Consensus-based Entity to
    Congress and the Secretary.--

    [[Page 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) <>  Effective
    date.--The amendments made by this subsection shall apply to
    reports submitted for years beginning with 2019.

    (d) GAO Study and Report.--
    (1) <>  Study.--The Comptroller General of
    the United States shall conduct a study on health care quality
    measurement efforts funded under sections 1890 and 1890A of the
    Social Security Act (42 U.S.C. 1395aaa; 1395aaa-1). Such study
    shall include an examination of the following:
    (A) The extent to which the Secretary of Health and
    Human Services (in this subsection referred to as the
    ``Secretary'') has set and prioritized objectives to be
    achieved for each of the quality measurement activities
    required under such sections 1890 and 1890A.

    [[Page 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) <>  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 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.-- <> 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 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) <>  In general.--The Secretary
    shall increase the payment amount otherwise made under such
    section 1895 for home health services furnished in a county (or
    equivalent area) in a rural area (as defined in such section
    1886(d)(2)(D)) that, as determined by the Secretary--
    ``(A) is in the highest quartile of all counties (or
    equivalent areas) based on the number of Medicare home
    health episodes furnished per 100 individuals who are
    entitled to, or enrolled for, benefits under part A of
    title XVIII of the Social Security Act or enrolled for
    benefits under part B of such title (but not enrolled in
    a plan under part C of such title)--
    ``(i) in the case of episodes and visits
    ending during 2019, by 1.5 percent; and
    ``(ii) in the case of episodes and visits
    ending during 2020, by 0.5 percent;
    ``(B) has a population density of 6 individuals or
    fewer per square mile of land area and is not described
    in subparagraph (A)--
    ``(i) in the case of episodes and visits
    ending during 2019, by 4 percent;
    ``(ii) in the case of episodes and visits
    ending during 2020, by 3 percent;
    ``(iii) in the case of episodes and visits
    ending during 2021, by 2 percent; and
    ``(iv) in the case of episodes and visits
    ending during 2022, by 1 percent; and
    ``(C) is not described in either subparagraph (A) or
    (B)--
    ``(i) in the case of episodes and visits
    ending during 2019, by 3 percent;
    ``(ii) in the case of episodes and visits
    ending during 2020, by 2 percent; and
    ``(iii) in the case of episodes and visits
    ending during 2021, by 1 percent.
    ``(2) <>  Rules for determinations.--

    [[Page 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.-- <> Not later than January
    1, 2023, the Inspector General of the Department of Health and Human
    Services shall submit to Congress--
    (1) an analysis of the home health claims and utilization of
    home health services by county (or equivalent area) under the
    Medicare program; and
    (2) <>  recommendations the
    Inspector General determines appropriate based on such analysis.

    [[Page 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) <>  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 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) <>  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 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) <>  In
    general.--Not later than April 1, 2020, the
    Secretary shall establish procedures, to the
    extent feasible as determined by the Secretary,
    unifying grievances and appeals procedures under
    sections 1852(f), 1852(g), 1902(a)(3), 1902(a)(5),
    and 1932(b)(4) for items and services provided by
    specialized MA plans for special needs individuals
    described in subsection (b)(6)(B)(ii) under this
    title and title XIX. <>
    With respect

    [[Page 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) <>
    Single written notification of all
    applicable grievances and appeal rights
    under this title and title
    XIX. <>  For
    purposes of this subparagraph, the
    Secretary may waive the requirements
    under section 1852(g)(1)(B) when the
    specialized MA plan covers items or
    services under this part or under title
    XIX.
    ``(II) Single pathways for
    resolution of any grievance or appeal
    related to a particular item or service
    provided by specialized MA plans for
    special needs individuals described in
    subsection (b)(6)(B)(ii) under this
    title and title XIX.
    ``(III) <>  Notices
    written in plain language and available
    in a language and format that is
    accessible to the enrollee, including in
    non-English languages that are prevalent
    in the service area of the specialized
    MA plan.
    ``(IV) Unified timeframes for
    grievances and appeals processes, such
    as an individual's filing of a grievance
    or appeal, a plan's acknowledgment and
    resolution of a grievance or appeal, and
    notification of decisions with respect
    to a grievance or appeal.
    ``(V) Requirements for how the plan
    must process, track, and resolve
    grievances and appeals, to ensure
    beneficiaries are notified on a timely
    basis of decisions that are made
    throughout the grievance or appeals
    process and are able to easily determine
    the status of a grievance or appeal.
    ``(iv) Continuation of benefits pending
    appeal.--The unified procedures under clause (i)
    shall, with respect to all benefits under parts A
    and B and

    [[Page 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) <>
    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 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.--
    <> During the period of plan
    years 2021 through 2025, if the Secretary
    determines that a specialized MA plan for special
    needs individuals described in subsection
    (b)(6)(B)(ii) has failed to comply with clause
    (i), the Secretary may provide for the application
    against the Medicare Advantage organization
    offering the plan of the remedy described in
    section 1857(g)(2)(B) in the same manner as the
    Secretary may apply such remedy, and in accordance
    with the same procedures as would apply, in the
    case of an MA organization determined by the
    Secretary to have engaged in conduct described in
    section 1857(g)(1). <>  If the
    Secretary applies such remedy to a Medicare
    Advantage organization under the preceding
    sentence, the organization shall submit to the
    Secretary (at a time, and in a form and manner,
    specified by the Secretary) information describing
    how the plan will come into compliance with clause
    (i).
    ``(E) Study and report to congress.--
    ``(i) <>
    In general.--Not later than March 15, 2022, and,
    subject to clause (iii), biennially thereafter
    through 2032, the Medicare Payment Advisory
    Commission established under section 1805, in
    consultation with the Medicaid and CHIP Payment
    and Access Commission established under section
    1900, shall conduct (and submit to the Secretary
    and the Committees on Ways and Means and Energy
    and Commerce of the House of Representatives and
    the Committee on Finance of the Senate a report
    on) a study to determine how specialized MA plans
    for special needs individuals described in
    subsection (b)(6)(B)(ii) perform among each other
    based on data from Healthcare Effectiveness Data
    and Information Set (HEDIS) quality measures,
    reported on the plan level, as required under
    section 1852(e)(3) (or such other measures or data
    sources that are available and appropriate, such
    as encounter data and Consumer Assessment of
    Healthcare Providers and Systems data, as
    specified by such Commissions as enabling an
    accurate evaluation under this subparagraph). Such
    study shall include, as feasible, the following
    comparison groups of specialized MA plans for
    special needs individuals described in subsection
    (b)(6)(B)(ii):
    ``(I) A comparison group of such
    plans that are described in subparagraph
    (D)(i)(I).
    ``(II) A comparison group of such
    plans that are described in subparagraph
    (D)(i)(II).
    ``(III) A comparison group of such
    plans operating within the Financial
    Alignment Initiative demonstration for
    the period for which such plan is so
    operating and the demonstration is in
    effect, and, in the case that an
    integration option that is not with
    respect to specialized MA plans for

    [[Page 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) <>  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 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) <>  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 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 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.). <>
    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 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) <>  Barriers and
    opportunities for making further progress on dual
    integration, as well as recommendations for legislation
    or administrative action to expedite or refine pathways
    toward fully integrated care.
    (2) Report.-- <> Not later than 2
    years after the date of the enactment of this Act, the
    Comptroller General shall submit to Congress a report containing
    the results of the study conducted under paragraph (1), together
    with recommendations for such legislation and administrative
    action as the Comptroller General determines appropriate.

    Subtitle C--Expanding Innovation and Technology

    SEC. 50321. ADAPTING BENEFITS TO MEET THE NEEDS OF CHRONICALLY ILL
    MEDICARE ADVANTAGE ENROLLEES.

    Section 1859 of the Social Security Act (42 U.S.C. 1395w-28) is
    amended by adding at the end the following new subsection:
    ``(h) National Testing of Medicare Advantage Value-Based Insurance
    Design Model.--
    ``(1) <>  In general.--In
    implementing the Medicare Advantage Value-Based Insurance Design
    model that is being tested under section 1115A(b), the Secretary
    shall revise the testing of the model under such section to
    cover, effective not later than January 1, 2020, all States.
    ``(2) Termination and modification provision not applicable
    until january 1, 2022.--The provisions of section 1115A(b)(3)(B)
    shall apply to the Medicare Advantage Value-Based Insurance
    Design model, including such model as revised under paragraph
    (1), beginning January 1, 2022, but shall not apply to such
    model, as so revised, prior to such date.
    ``(3) Funding.--The Secretary shall allocate funds made
    available under section 1115A(f)(1) to design, implement, and
    evaluate the Medicare Advantage Value-Based Insurance Design
    model, as revised under paragraph (1).''.

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

    (b) GAO Study and Report.--
    (1) Study.--The Comptroller General of the United States (in
    this subsection referred to as the ``Comptroller General'')
    shall conduct a study on supplemental benefits provided to
    enrollees in Medicare Advantage plans under part C of title
    XVIII of the Social Security Act, including specialized MA plans
    for special needs individuals (as defined in section 1859(b)(6)
    of such Act (42 U.S.C. 1395w-28(b)(6))). <>  To
    the extend data are available, such study shall include an
    analysis of the following:
    (A) The type of supplemental benefits provided to
    such enrollees, the total number of enrollees receiving
    each

    [[Page 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) <>  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 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) <>  Public comment.--Not
    later than November 30, 2018, the Secretary shall
    solicit comments on--
    ``(i) what types of items and services
    (including those provided through supplemental
    health care benefits, such as remote patient
    monitoring, secure messaging, store and forward
    technologies, and other non-face-to-face
    communication) should be considered to be
    additional telehealth benefits; and
    ``(ii) the requirements for the provision or
    furnishing of such benefits (such as training and
    coordination requirements).
    ``(3) Requirements for additional telehealth benefits.--The
    Secretary shall specify requirements for the provision or
    furnishing of additional telehealth benefits, including with
    respect to the following:
    ``(A) Physician or practitioner qualifications
    (other than licensure) and other requirements such as
    specific training.
    ``(B) Factors necessary for the coordination of such
    benefits with other items and services including those
    furnished in-person.
    ``(C) <>  Such other areas as
    determined by the Secretary.
    ``(4) Enrollee choice.--If an MA plan provides a service as
    an additional telehealth benefit (as defined in paragraph (2))--
    ``(A) the MA plan shall also provide access to such
    benefit through an in-person visit (and not only as an
    additional telehealth benefit); and
    ``(B) an individual enrollee shall have discretion
    as to whether to receive such service through the in-
    person visit or as an additional telehealth benefit.
    ``(5) Treatment under ma.--For purposes of this subsection
    and section 1854, if a plan provides additional telehealth
    benefits, such additional telehealth benefits shall be treated
    as if they were benefits under the original Medicare fee-for-
    service program option.
    ``(6) Construction.--Nothing in this subsection shall be
    construed as affecting the requirement under subsection (a)(1)
    that MA plans provide enrollees with items and services (other
    than hospice care) for which benefits are available under parts
    A and B, including benefits available under section 1834(m).''.

    (b) Clarification Regarding Inclusion in Bid Amount.--Section
    1854(a)(6)(A)(ii)(I) of the Social Security Act (42 U.S.C. 1395w-
    24(a)(6)(A)(ii)(I)) is amended by inserting ``, including, for plan year
    2020 and subsequent plan years, the provision of additional telehealth
    benefits as described in section 1852(m)'' before the semicolon at the
    end.
    SEC. 50324. PROVIDING ACCOUNTABLE CARE ORGANIZATIONS THE ABILITY
    TO EXPAND THE USE OF TELEHEALTH.

    (a) In General.--Section 1899 of the Social Security Act (42 U.S.C.
    1395jjj) is amended by adding at the end the following new subsection:

    [[Page 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) <>  Telehealth services received
    in the home.--In the case of telehealth services described in
    paragraph (1) where the home of a Medicare fee-for-service
    beneficiary is the originating site, the following shall apply:
    ``(A) No facility fee.--There shall be no facility
    fee paid to the originating site under section
    1834(m)(2)(B).
    ``(B) Exclusion of certain services.--No payment may
    be made for such services that are inappropriate to
    furnish in the home setting such as services that are
    typically furnished in inpatient settings such as a
    hospital.''.

    (b) Study and Report.--
    (1) Study.--
    (A) In general.-- <> The
    Secretary of Health and Human Services (in this
    subsection referred to as the ``Secretary'') shall
    conduct a study on the implementation of section 1899(l)
    of the Social Security Act, as added by subsection
    (a). <>  Such study shall include an
    analysis of the utilization of, and expenditures for,
    telehealth services under such section.
    (B) Collection of data.--The Secretary may collect
    such data as the Secretary determines necessary to carry
    out the study under this paragraph.

    [[Page 205]]

    (2) <>
    Report.--Not later than January 1, 2026, the Secretary shall
    submit to Congress a report containing the results of the study
    conducted under paragraph (1), together with recommendations for
    such legislation and administrative action as the Secretary
    determines appropriate.
    SEC. 50325. EXPANDING THE USE OF TELEHEALTH FOR INDIVIDUALS WITH
    STROKE.

    Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)), as
    amended by section 50302(b)(1), is amended--
    (1) in paragraph (4)(C)(i), in the matter preceding
    subclause (I), by striking ``The term'' and inserting ``Except
    as provided in paragraph (6), the term''; and
    (2) by adding at the end the following new paragraph:
    ``(6) Treatment of stroke telehealth services.--
    ``(A) Non-application of originating site
    requirements.-- <> The
    requirements described in paragraph (4)(C) shall not
    apply with respect to telehealth services furnished on
    or after January 1, 2019, for purposes of diagnosis,
    evaluation, or treatment of symptoms of an acute stroke,
    as determined by the Secretary.
    ``(B) <>  Inclusion of certain
    sites.--With respect to telehealth services described in
    subparagraph (A), the term `originating site' shall
    include any hospital (as defined in section 1861(e)) or
    critical access hospital (as defined in section
    1861(mm)(1)), any mobile stroke unit (as defined by the
    Secretary), or any other site determined appropriate by
    the Secretary, at which the eligible telehealth
    individual is located at the time the service is
    furnished via a telecommunications system.
    ``(C) No originating site facility fee for new
    sites.--No facility fee shall be paid under paragraph
    (2)(B) to an originating site with respect to a
    telehealth service described in subparagraph (A) if the
    originating site does not otherwise meet the
    requirements for an originating site under paragraph
    (4)(C).''.

    Subtitle D--Identifying the Chronically Ill Population

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

    Section 1899(c) of the Social Security Act (42 U.S.C. 1395jjj(c)) is
    amended--
    (1) by redesignating paragraphs (1) and (2) as subparagraphs
    (A) and (B), respectively, and indenting appropriately;
    (2) by striking ``ACOs.--The Secretary'' and inserting
    ``ACOs.--
    ``(1) In general.--Subject to paragraph (2), the
    Secretary''; and
    (3) by adding at the end the following new paragraph:
    ``(2) Providing flexibility.--
    ``(A) <>  Choice of prospective
    assignment.--For each agreement period (effective for
    agreements entered into or renewed on or after January
    1, 2020), in the case where an ACO established under the
    program is in a Track that

    [[Page 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) <> In general.--
    For performance year 2018 and each subsequent
    performance year, if a system is available for
    electronic designation, the Secretary shall permit
    a Medicare fee-for-service beneficiary to
    voluntarily identify an ACO professional as the
    primary care provider of the beneficiary for
    purposes of assigning such beneficiary to an ACO,
    as determined by the Secretary.
    ``(ii) Notification process.--The Secretary
    shall establish a process under which a Medicare
    fee-for-service beneficiary is--
    ``(I) notified of their ability to
    make an identification described in
    clause (i); and
    ``(II) informed of the process by
    which they may make and change such
    identification.
    ``(iii) <>  Superseding
    claims-based assignment.--A voluntary
    identification by a Medicare fee-for-service
    beneficiary under this subparagraph shall
    supersede any claims-based assignment otherwise
    determined by the Secretary.''.

    Subtitle E--Empowering Individuals and Caregivers in Care Delivery

    SEC. 50341. ELIMINATING BARRIERS TO CARE COORDINATION UNDER
    ACCOUNTABLE CARE ORGANIZATIONS.

    (a) In General.--Section 1899 of the Social Security Act (42 U.S.C.
    1395jjj), as amended by section 50324(a), is amended--
    (1) in subsection (b)(2), by adding at the end the following
    new subparagraph:
    ``(I) <>  An ACO that seeks to
    operate an ACO Beneficiary Incentive Program pursuant to
    subsection (m) shall apply to the Secretary at such
    time, in such manner, and with such information as the
    Secretary may require.'';
    (2) by adding at the end the following new subsection:

    ``(m) Authority To Provide Incentive Payments to Beneficiaries With
    Respect to Qualifying Primary Care Services.--
    ``(1) Program.--
    ``(A) In general.--In order to encourage Medicare
    fee-for-service beneficiaries to obtain medically
    necessary primary care services, an ACO participating
    under this section under a payment model described in
    clause (i) or (ii) of paragraph (2)(B) may apply to
    establish an ACO Beneficiary Incentive Program to
    provide incentive payments to such beneficiaries who are
    furnished qualifying services in accordance with this
    subsection. The Secretary shall permit such an ACO to
    establish such a program at the Secretary's discretion
    and subject to such requirements,

    [[Page 207]]

    including program integrity requirements, as the
    Secretary determines necessary.
    ``(B) <>  Implementation.--The
    Secretary shall implement this subsection on a date
    determined appropriate by the Secretary. <>  Such date shall be no earlier than January 1,
    2019, and no later than January 1, 2020.
    ``(2) Conduct of program.--
    ``(A) Duration.--Subject to subparagraph (H), an ACO
    Beneficiary Incentive Program established under this
    subsection shall be conducted for such period (of not
    less than 1 year) as the Secretary may approve.
    ``(B) <>  Scope.--An ACO
    Beneficiary Incentive Program established under this
    subsection shall provide incentive payments to all of
    the following Medicare fee-for-service beneficiaries who
    are furnished qualifying services by the ACO:
    ``(i) With respect to the Track 2 and Track 3
    payment models described in section 425.600(a) of
    title 42, Code of Federal Regulations (or in any
    successor regulation), Medicare fee-for-service
    beneficiaries who are preliminarily prospectively
    or prospectively assigned (or otherwise assigned,
    as determined by the Secretary) to the ACO.
    ``(ii) With respect to any future payment
    models involving two-sided risk, Medicare fee-for-
    service beneficiaries who are assigned to the ACO,
    as determined by the Secretary.
    ``(C) Qualifying service.--For purposes of this
    subsection, a qualifying service is a primary care
    service, as defined in section 425.20 of title 42, Code
    of Federal Regulations (or in any successor regulation),
    with respect to which coinsurance applies under part B,
    furnished through an ACO by--
    ``(i) an ACO professional described in
    subsection (h)(1)(A) who has a primary care
    specialty designation included in the definition
    of primary care physician under section 425.20 of
    title 42, Code of Federal Regulations (or any
    successor regulation);
    ``(ii) an ACO professional described in
    subsection (h)(1)(B); or
    ``(iii) a Federally qualified health center or
    rural health clinic (as such terms are defined in
    section 1861(aa)).
    ``(D) Incentive payments.--An incentive payment made
    by an ACO pursuant to an ACO Beneficiary Incentive
    Program established under this subsection shall be--
    ``(i) <>  in an amount up
    to $20, with such maximum amount updated annually
    by the percentage increase in the consumer price
    index for all urban consumers (United States city
    average) for the 12-month period ending with June
    of the previous year;
    ``(ii) in the same amount for each Medicare
    fee-for-service beneficiary described in clause
    (i) or (ii) of subparagraph (B) without regard to
    enrollment of such a beneficiary in a medicare
    supplemental policy (described in section
    1882(g)(1)), in a State Medicaid plan under title
    XIX or a waiver of such a plan, or

    [[Page 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) <>  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 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). <>  The evaluation shall
    include an analysis of the impact of the implementation of the
    Program on expenditures and beneficiary health outcomes under
    title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
    (2) Report.-- <> Not later than
    October 1, 2023, the Secretary shall submit to Congress a report
    containing the results of the evaluation under paragraph (1),
    together with recommendations for such legislation and
    administrative action as the Secretary determines appropriate.
    SEC. 50342. GAO STUDY AND REPORT ON LONGITUDINAL COMPREHENSIVE
    CARE PLANNING SERVICES UNDER MEDICARE
    PART B.

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

    [[Page 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.-- <> 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 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. <>  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 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.-- <> Not later than 18 months
    after the date of the enactment of this Act, the Comptroller General
    shall submit to Congress a report containing the results of the study
    under subsection (a), together with recommendations for such legislation
    and administrative action as the Comptroller General determines
    appropriate.
    SEC. 50352. GAO STUDY AND REPORT ON IMPACT OF OBESITY DRUGS ON
    PATIENT HEALTH AND SPENDING.

    (a) Study.--The Comptroller General of the United States (in this
    section referred to as the ``Comptroller General'') shall, to the extent
    data are available, conduct a study on the use of prescription drugs to
    manage the weight of obese patients and the impact of coverage of such
    drugs on patient health and on health care spending. Such study shall
    examine the use and impact of these obesity drugs in the non-Medicare
    population and for Medicare beneficiaries who have such drugs covered
    through an MA-PD plan (as defined in section 1860D-1(a)(3)(C) of the
    Social Security Act (42 U.S.C. 1395w-101(a)(3)(C))) as a supplemental
    health care benefit. <>  The study shall include an
    analysis of the following:
    (1) The prevalence of obesity in the Medicare and non-
    Medicare population.
    (2) The utilization of obesity drugs.
    (3) The distribution of Body Mass Index by individuals
    taking obesity drugs, to the extent practicable.
    (4) What is known about the use of obesity drugs in
    conjunction with the receipt of other items or services, such as
    behavioral counseling, and how these compare to items and
    services received by obese individuals who do not take obesity
    drugs.
    (5) Physician considerations and attitudes related to
    prescribing obesity drugs.
    (6) The extent to which coverage policies cease or limit
    coverage for individuals who fail to receive clinical benefit.
    (7) What is known about the extent to which individuals who
    take obesity drugs adhere to the prescribed regimen.
    (8) What is known about the extent to which individuals who
    take obesity drugs maintain weight loss over time.
    (9) What is known about the subsequent impact such drugs
    have on medical services that are directly related to obesity,
    including with respect to subpopulations determined based on the
    extent of obesity.
    (10) What is known about the spending associated with the
    care of individuals who take obesity drugs, compared to the
    spending associated with the care of individuals who do not take
    such drugs.

    (b) Report.-- <> Not later than 18 months
    after the date of the enactment of this Act, the Comptroller General
    shall submit to Congress a report containing the results of the study
    under subsection (a), together with recommendations for such legislation
    and administrative action as the Comptroller General determines
    appropriate.

    [[Page 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 <> study
    shall include an analysis of any barriers to collecting and analyzing
    such information and how to remove any such barriers (including through
    legislation and administrative actions).

    (b) Report.-- <> Not later than 18 months
    after the date of the enactment of this Act, the Secretary shall submit
    to Congress a report containing the results of the study under
    subsection (a), together with recommendations for such legislation and
    administrative action as the Secretary determines
    appropriate. <> The Secretary shall also post such
    report on the Internet website of the Department of Health and Human
    Services.
    SEC. 50354. PROVIDING PRESCRIPTION DRUG PLANS WITH PARTS A AND B
    CLAIMS DATA TO PROMOTE THE APPROPRIATE
    USE OF MEDICATIONS AND IMPROVE HEALTH
    OUTCOMES.

    Section 1860D-4(c) of the Social Security Act (42 U.S.C. 1395w-
    104(c)) is amended by adding at the end the following new paragraph:
    ``(6) Providing prescription drug plans with parts a and b
    claims data to promote the appropriate use of medications and
    improve health outcomes.--
    ``(A) Process.--Subject to subparagraph (B), the
    Secretary shall establish a process under which a PDP
    sponsor of a prescription drug plan may submit a request
    for the Secretary to provide the sponsor, on a periodic
    basis and in an electronic format, beginning in plan
    year 2020, data described in subparagraph (D) with
    respect to enrollees in such plan. Such data shall be
    provided without regard to whether such enrollees are
    described in clause (ii) of paragraph (2)(A).
    ``(B) Purposes.--A PDP sponsor may use the data
    provided to the sponsor pursuant to subparagraph (A) for
    any of the following purposes:
    ``(i) To optimize therapeutic outcomes through
    improved medication use, as such phrase is used in
    clause (i) of paragraph (2)(A).
    ``(ii) To improving care coordination so as to
    prevent adverse health outcomes, such as
    preventable emergency department visits and
    hospital readmissions.
    ``(iii) <>  For any
    other purpose determined appropriate by the
    Secretary.
    ``(C) Limitations on data use.--A PDP sponsor shall
    not use data provided to the sponsor pursuant to
    subparagraph (A) for any of the following purposes:
    ``(i) To inform coverage determinations under
    this part.

    [[Page 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) <>  For any other
    purpose that the Secretary determines is necessary
    to include in order to protect the identity of
    individuals entitled to, or enrolled for, benefits
    under this title and to protect the security of
    personal health information.
    ``(D) <>  Data described.--The
    data described in this clause are standardized extracts
    (as determined by the Secretary) of claims data under
    parts A and B for items and services furnished under
    such parts for time periods specified by the Secretary.
    Such data shall include data as current as
    practicable.''.

    TITLE IV--PART B IMPROVEMENT ACT AND OTHER PART B ENHANCEMENTS

    Subtitle A--Medicare Part B Improvement Act

    SEC. 50401. HOME INFUSION THERAPY SERVICES TEMPORARY TRANSITIONAL
    PAYMENT.

    (a) In General.--Section 1834(u) of the Social Security Act (42
    U.S.C. 1395m(u)) is amended, by adding at the end the following new
    paragraph:
    ``(7) Home infusion therapy services temporary transitional
    payment.--
    ``(A) Temporary transitional payment.--
    ``(i) In general.--The Secretary shall, in
    accordance with the payment methodology described
    in subparagraph (B) and subject to the provisions
    of this paragraph, provide a home infusion therapy
    services temporary transitional payment under this
    part to an eligible home infusion supplier (as
    defined in subparagraph (F)) for items and
    services described in subparagraphs (A) and (B) of
    section 1861(iii)(2)) furnished during the period
    specified in clause (ii) by such supplier in
    coordination with the furnishing of transitional
    home infusion drugs (as defined in clause (iii)).
    ``(ii) Period specified.--For purposes of
    clause (i), the period specified in this clause is
    the period beginning on January 1, 2019, and
    ending on the day before the date of the
    implementation of the payment system under
    paragraph (1)(A).
    ``(iii) Transitional home infusion drug
    defined.--For purposes of this paragraph, the term
    `transitional home infusion drug' has the meaning
    given to the term `home infusion drug' under
    section 1861(iii)(3)(C)), except that clause (ii)
    of such section shall not apply if a drug
    described in such clause

    [[Page 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 <> 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 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 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) <>  Eligible home infusion
    suppliers.--In this paragraph, the term `eligible home
    infusion supplier' means a supplier that is enrolled
    under this part as a pharmacy that provides external
    infusion pumps and external infusion pump supplies and
    that maintains all pharmacy licensure requirements in
    the State in which the applicable infusion drugs are
    administered.
    ``(G) Implementation.--Notwithstanding any other
    provision of law, the Secretary may implement this
    paragraph by program instruction or otherwise.''.

    (b) Conforming Amendments.--(1) Section 1842(b)(6)(I) of the Social
    Security Act (42 U.S.C. 1395u(b)(6)(I)) is amended by inserting ``or, in
    the case of items and services described in clause (i) of section
    1834(u)(7)(A) furnished to an individual during the period described in
    clause (ii) of such section, payment shall be made to the eligible home
    infusion therapy supplier'' after ``payment shall be made to the
    qualified home infusion therapy supplier''.
    (2) <>  Section 5012(d) of
    the 21st Century Cures Act is amended by inserting the following before
    the period at the end: ``, except that the amendments made by paragraphs
    (1) and (2) of subsection (c) shall apply to items and services
    furnished on or after January 1, 2019''.
    SEC. 50402. ORTHOTIST'S AND PROSTHETIST'S CLINICAL NOTES AS PART
    OF THE PATIENT'S MEDICAL RECORD.

    Section 1834(h) of the Social Security Act (42 U.S.C. 1395m(h)) is
    amended by adding at the end the following new paragraph:
    ``(5) Documentation created by orthotists and
    prosthetists.-- <> For purposes of
    determining the reasonableness and medical necessity of
    orthotics and prosthetics, documentation created by an orthotist
    or prosthetist shall be considered part of the individual's
    medical record to support documentation created by eligible
    professionals described in section 1848(k)(3)(B).''.
    SEC. 50403. <> INDEPENDENT ACCREDITATION FOR
    DIALYSIS FACILITIES AND ASSURANCE OF
    HIGH QUALITY SURVEYS.

    (a) Accreditation and Surveys.--
    (1) In general.--Section 1865 of the Social Security Act (42
    U.S.C. 1395bb) is amended--
    (A) in subsection (a)--
    (i) in paragraph (1), in the matter preceding
    subparagraph (A), by striking ``or the conditions
    and requirements under section 1881(b)''; and

    [[Page 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) <>  Timing for acceptance of
    requests from accreditation organizations.--Not later than 90
    days after the date of enactment of this Act, the Secretary of
    Health and Human Services shall begin accepting requests from
    national accreditation bodies for a finding described in section
    1865(a)(3)(A) of the Social Security Act (42 U.S.C.
    1395bb(a)(3)(A)) for purposes of accrediting provider entities
    that are required to meet the conditions and requirements under
    section 1881(b) of such Act (42 U.S.C. 1395rr(b)).

    (b) Requirement for Timing of Surveys of New Dialysis Facilities.--
    <> Section 1881(b)(1) of
    the Social Security Act (42 U.S.C. 1395rr(b)(1)) is amended by adding at
    the end the following new sentence: ``Beginning 180 days after the date
    of the enactment of this sentence, an initial survey of a provider of
    services or a renal dialysis facility to determine if the conditions and
    requirements under this paragraph are met shall be initiated not later
    than 90 days after such date on which both the provider enrollment form
    (without regard to whether such form is submitted prior to or after such
    date of enactment) has been determined by the Secretary to be complete
    and the provider's enrollment status indicates approval is pending the
    results of such survey.''.
    SEC. 50404. <>  MODERNIZING THE APPLICATION
    OF THE STARK RULE UNDER MEDICARE.

    (a) Clarification of the Writing Requirement and Signature
    Requirement for Arrangements Pursuant to the Stark Rule.--
    (1) Writing requirement.--Section 1877(h)(1) of the Social
    Security Act (42 U.S.C. 1395nn(h)(1)) is amended by adding at
    the end the following new subparagraph:
    ``(D) <>  Written requirement
    clarified.--In the case of any requirement pursuant to this
    section for a compensation arrangement to be in writing, such
    requirement shall be satisfied by such means as determined by
    the Secretary, including by a collection of documents, including
    contemporaneous documents evidencing the course of conduct
    between the parties involved.''.

    [[Page 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) not later than 90 consecutive calendar
    days immediately following the date on which the
    compensation arrangement became noncompliant, the
    parties obtain the required signatures; and
    ``(ii) the compensation arrangement otherwise
    complies with all criteria of the applicable
    exception.''.

    (b) Indefinite Holdover for Lease Arrangements and Personal Services
    Arrangements Pursuant to the Stark Rule.--Section 1877(e) of the Social
    Security Act (42 U.S.C. 1395nn(e)) is amended--
    (1) in paragraph (1), by adding at the end the following new
    subparagraph:
    ``(C) Holdover lease arrangements.--In the case of a
    holdover lease arrangement for the lease of office space
    or equipment, which immediately follows a lease
    arrangement described in subparagraph (A) for the use of
    such office space or subparagraph (B) for the use of
    such equipment and that expired after a term of at least
    1 year, payments made by the lessee to the lessor
    pursuant to such holdover lease arrangement, if--
    ``(i) the lease arrangement met the conditions
    of subparagraph (A) for the lease of office space
    or subparagraph (B) for the use of equipment when
    the arrangement expired;
    ``(ii) the holdover lease arrangement is on
    the same terms and conditions as the immediately
    preceding arrangement; and
    ``(iii) the holdover arrangement continues to
    satisfy the conditions of subparagraph (A) for the
    lease of office space or subparagraph (B) for the
    use of equipment.''; and
    (2) in paragraph (3), by adding at the end the following new
    subparagraph:
    ``(C) Holdover personal service arrangement.--In the
    case of a holdover personal service arrangement, which
    immediately follows an arrangement described in
    subparagraph (A) that expired after a term of at least 1
    year, remuneration from an entity pursuant to such
    holdover personal service arrangement, if--
    ``(i) the personal service arrangement met the
    conditions of subparagraph (A) when the
    arrangement expired;
    ``(ii) the holdover personal service
    arrangement is on the same terms and conditions as
    the immediately preceding arrangement; and
    ``(iii) the holdover arrangement continues to
    satisfy the conditions of subparagraph (A).''.

    [[Page 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 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) <>  Effective
    Date.--The amendments made by this section shall apply to acts committed
    after the date of the enactment of this Act.
    SEC. 50413. REDUCING THE VOLUME OF FUTURE EHR-RELATED SIGNIFICANT
    HARDSHIP REQUESTS.

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

    (a) Special Rule in Case of Competition for Diabetic Testing
    Strips.--
    (1) In general.--Paragraph (10) of section 1847(b) of the
    Social Security Act (42 U.S.C. 1395w-3(b)) is amended--
    (A) in subparagraph (A), by striking the second
    sentence and inserting the following new
    sentence: <> ``With respect to
    bids to furnish such types of products on or after
    January 1, 2019, the volume for such types of products
    shall be determined by the Secretary through the use of
    multiple sources of data (from mail order and non-mail
    order Medicare markets), including market-based data
    measuring sales of diabetic testing strip products that
    are not exclusively sold by a single retailer from such
    markets.''; and
    (B) by adding at the end the following new
    subparagraphs:
    ``(C) Demonstration of ability to furnish types of
    diabetic testing strip products.--With respect to bids
    to furnish diabetic testing strip products on or after
    January 1, 2019, an entity shall attest to the Secretary
    that the entity has the ability to obtain an inventory
    of the types and quantities of diabetic testing strip
    products

    [[Page 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) <>
    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 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) <>  Standardized
    information.--Not later than January 1, 2019, the
    Secretary shall develop and make available to
    entities described in subparagraph (A)
    standardized information that describes the rights
    of an individual with respect to such an entity.
    The information described in the preceding
    sentence shall include information regarding--
    ``(I) the requirements established
    under subparagraphs (A) and (B);
    ``(II) the right of the individual
    to purchase diabetic testing strip
    products from another mail order
    supplier of such products or a retail
    pharmacy if the entity is not able to
    furnish the brand of such product that
    is compatible with the home blood
    glucose monitor selected by the
    individual; and
    ``(III) the right of the individual
    to return diabetic testing strip
    products furnished to the individual by
    the entity.
    ``(ii) Requirement.--With respect to diabetic
    testing strip products furnished on or after the
    date on which the Secretary develops the
    standardized information under clause (i), an
    entity described in subparagraph (A) may not
    communicate directly to an individual until the
    entity has verbally provided the individual with
    such standardized information.
    ``(D) <>  Order
    refills.--With respect to diabetic testing strip
    products furnished on or after January 1, 2019, the
    Secretary shall require an entity furnishing diabetic
    testing strip products to an individual to contact and
    receive a request from the individual for such products
    not more than 14 days prior to dispensing a refill of
    such products to the individual.''.

    (c) <>  Implementation; Non-application
    of the Paperwork Reduction Act.--
    (1) Implementation.--Notwithstanding any other provision of
    law, the Secretary of Health and Human Services may implement
    the provisions of, and amendments made by, this section by
    program instruction or otherwise.
    (2) Non-application of the paperwork reduction act.--Chapter
    35 of title 44, United States Code (commonly referred to as the
    ``Paperwork Reduction Act of 1995''), shall not apply to this
    section or the amendments made by this section.

    [[Page 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) <>  For purposes of this subsection--
    ``(A) the term `Indian tribe' has the meaning given such
    term in section 4 of the Indian Health Care Improvement Act (25
    U.S.C. 1603);
    ``(B) the term `State' means each of the 50 States and the
    District of Columbia; and
    ``(C) the term `territory' means Puerto Rico, Guam, American
    Samoa, the Virgin Islands, and the Northern Mariana Islands.''.
    SEC. 50502. EXTENSION FOR SEXUAL RISK AVOIDANCE EDUCATION.

    (a) In General.--Section 510 of the Social Security Act (42 U.S.C.
    710) is amended to read as follows:
    ``SEC. 510. SEXUAL RISK AVOIDANCE EDUCATION.

    ``(a) In General.--
    ``(1) Allotments to states.--For the purpose described in
    subsection (b), the Secretary shall, for each of fiscal years
    2018 and 2019, allot to each State which has transmitted an
    application for the fiscal year under section 505(a) an amount
    equal to the product of--
    ``(A) the amount appropriated pursuant to subsection
    (e)(1) for the fiscal year, minus the amount reserved
    under subsection (e)(2) for the fiscal year; and
    ``(B) the proportion that the number of low-income
    children in the State bears to the total of such numbers
    of children for all the States.
    ``(2) Other allotments.--
    ``(A) Other entities.--For the purpose described in
    subsection (b), the Secretary shall, for each of fiscal
    years 2018 and 2019, for any State which has not
    transmitted an application for the fiscal year under
    section 505(a), allot to one or more entities in the
    State the amount that would have been allotted to the
    State under paragraph (1) if the State had submitted
    such an application.
    ``(B) <>  Process.--The Secretary
    shall select the recipients of allotments under
    subparagraph (A) by means of a competitive grant process
    under which--

    [[Page 225]]

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

    ``(b) Purpose.--
    ``(1) In general.--Except for research under paragraph (5)
    and information collection and reporting under paragraph (6),
    the purpose of an allotment under subsection (a) to a State (or
    to another entity in the State pursuant to subsection (a)(2)) is
    to enable the State or other entity to implement education
    exclusively on sexual risk avoidance (meaning voluntarily
    refraining from sexual activity).
    ``(2) Required components.--Education on sexual risk
    avoidance pursuant to an allotment under this section shall--
    ``(A) ensure that the unambiguous and primary
    emphasis and context for each topic described in
    paragraph (3) is a message to youth that normalizes the
    optimal health behavior of avoiding nonmarital sexual
    activity;
    ``(B) be medically accurate and complete;
    ``(C) be age-appropriate;
    ``(D) be based on adolescent learning and
    developmental theories for the age group receiving the
    education; and
    ``(E) be culturally appropriate, recognizing the
    experiences of youth from diverse communities,
    backgrounds, and experiences.
    ``(3) Topics.--Education on sexual risk avoidance pursuant
    to an allotment under this section shall address each of the
    following topics:
    ``(A) The holistic individual and societal benefits
    associated with personal responsibility, self-
    regulation, goal setting, healthy decisionmaking, and a
    focus on the future.
    ``(B) The advantage of refraining from nonmarital
    sexual activity in order to improve the future prospects
    and physical and emotional health of youth.
    ``(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 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) <>  in consultation with
    appropriate State and local agencies, conduct one or
    more rigorous evaluations of the education funded
    through this section and associated data; and
    ``(B) <>  submit a report to the
    Congress on the results of such evaluations, together
    with a summary of the information collected pursuant to
    subsection (b)(6).
    ``(2) Consultation.--In conducting the evaluations required
    by paragraph (1), including the establishment of rigorous
    evaluation methodologies, the Secretary shall consult with
    relevant stakeholders and evaluation experts.

    ``(d) Applicability of Certain Provisions.--
    ``(1) Sections 503, 507, and 508 apply to allotments under
    subsection (a) to the same extent and in the same manner as such
    sections apply to allotments under section 502(c).
    ``(2) Sections 505 and 506 apply to allotments under
    subsection (a) to the extent determined by the Secretary to be
    appropriate.

    ``(e) Definitions.--In this section:
    ``(1) The term `age-appropriate' means suitable (in terms of
    topics, messages, and teaching methods) to the developmental and
    social maturity of the particular age or age group of children
    or adolescents, based on developing cognitive, emotional, and
    behavioral capacity typical for the age or age group.
    ``(2) The term `medically accurate and complete' means
    verified or supported by the weight of research conducted in
    compliance with accepted scientific methods and--
    ``(A) published in peer-reviewed journals, where
    applicable; or
    ``(B) comprising information that leading
    professional organizations and agencies with relevant
    expertise in the field recognize as accurate, objective,
    and complete.
    ``(3) The term `rigorous', with respect to research or
    evaluation, means using--

    [[Page 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) <>  Effective Date.--The amendment made
    by this section shall take effect as if enacted on October 1, 2017.
    SEC. 50503. EXTENSION FOR PERSONAL RESPONSIBILITY EDUCATION.

    (a) In General.--Section 513 of the Social Security Act (42 U.S.C.
    713) is amended--
    (1) in subsection (a)(1)(A), by striking ``2017'' and
    inserting ``2019''; and
    (2) in subsection (a)(4)--
    (A) in subparagraph (A), by striking ``2017'' each
    place it appears and inserting ``2019''; and
    (B) in subparagraph (B)--
    (i) in the subparagraph heading, by striking
    ``3-year grants'' and inserting ``Competitive prep
    grants''; and
    (ii) in clause (i), by striking ``solicit
    applications to award 3-year grants in each of
    fiscal years 2012 through 2017'' and inserting
    ``continue through fiscal year 2019 grants awarded
    for any of fiscal years 2015 through 2017'';
    (3) in subsection (c)(1), by inserting after ``youth with
    HIV/AIDS,'' the following: ``victims of human trafficking,'';
    and
    (4) in subsection (f), by striking ``2017'' and inserting
    ``2019''.

    (b) <>  Effective Date.--The amendments made
    by this section shall take effect as if enacted on October 1, 2017.

    [[Page 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) <>  Demonstration of
    improvements in subsequent years.--
    ``(i) <>  Continued
    measurement of improvement in applicable benchmark
    areas.--The eligible entity, after demonstrating
    improvements for eligible families as specified in
    subparagraphs (A) and (B), shall continue to track
    and report, not later than 30 days after the end
    of fiscal year 2020 and every 3 years thereafter,
    information demonstrating that the program results
    in improvements for the eligible families
    participating in the program in at least 4 of the
    areas specified in subparagraph (A) that the
    service delivery model or models selected by the
    entity are intended to improve.
    ``(ii) Corrective action plan.--If the
    eligible entity fails to demonstrate improvement
    in at least 4 of the areas specified in
    subparagraph (A), as compared to eligible families
    who do not receive services under an early
    childhood home visitation program, the entity
    shall develop and implement a plan to improve
    outcomes in each of the areas specified in
    subparagraph (A) that the service delivery model
    or models selected by the entity are intended to
    improve, subject to approval by the Secretary. The
    plan shall include provisions for the Secretary to
    monitor implementation of the plan and conduct
    continued oversight of the program, including
    through submission by the entity of regular
    reports to the Secretary.
    ``(iii) Technical assistance.--The Secretary
    shall provide an eligible entity required to
    develop and implement an improvement plan under
    clause (ii) with technical assistance to develop
    and implement the

    [[Page 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.-- <> If the
    Secretary determines after a period of time
    specified by the Secretary that an eligible entity
    implementing an improvement plan under clause (ii)
    has failed to demonstrate any improvement in at
    least 4 of the areas specified in subparagraph
    (A), or if the Secretary determines that an
    eligible entity has failed to submit the report
    required by clause (i), the Secretary shall
    terminate the grant made to the entity under this
    section and may include any unexpended grant funds
    in grants made to nonprofit organizations under
    subsection (h)(2)(B).''.

    (c) Including Information on Applicable Benchmarks in Application.--
    Section 511(e)(5) of such Act (42 U.S.C. 711(e)(5)) is amended by
    inserting ``that the service delivery model or models selected by the
    entity are intended to improve'' before the period at the end.
    SEC. <> 50603. REVIEWING STATEWIDE NEEDS
    TO TARGET RESOURCES.

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

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

    (a) In General.--Section 511(c) of the Social Security Act (42
    U.S.C. 711(c)) is amended by redesignating paragraphs (3) and (4) as
    paragraphs (4) and (5), respectively, and by inserting after paragraph
    (2) the following:
    ``(3) Authority to use grant for a pay for outcomes
    initiative.--An eligible entity to which a grant is made under
    paragraph (1) may use up to 25 percent of the grant for outcomes
    or success payments related to a pay for outcomes initiative
    that will not result in a reduction of funding for services
    delivered by the entity under a childhood home visitation
    program 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 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) <>  a feasibility study that
    describes how the proposed intervention is based on
    evidence of effectiveness;
    ``(B) <>  a
    rigorous, third-party evaluation that uses experimental
    or quasi-experimental design or other research
    methodologies that allow for the strongest possible
    causal inferences to determine whether the initiative
    has met its proposed outcomes as a result of the
    intervention;
    ``(C) <>  an annual,
    publicly available report on the progress of the
    initiative; and
    ``(D) a requirement that payments are made to the
    recipient of a grant, contract, or cooperative agreement
    only when agreed upon outcomes are achieved, except that
    this requirement shall not apply with respect to
    payments to a third party conducting the evaluation
    described in subparagraph (B).''.

    (c) Extended Availability of Funds.--Section 511(j)(3) of such Act
    (42 U.S.C. 711(j)(3)) is amended--
    (1) by striking ``(3) Availability.--Funds'' and inserting
    the following:
    ``(3) Availability.--
    ``(A) In general.--Except as provided in
    subparagraph (B), funds''; and
    (2) by adding at the end the following:
    ``(B) <> Funds for pay for
    outcomes initiatives.--Funds made available to an
    eligible entity under this section for a fiscal year (or
    portion of a fiscal year) for a pay for outcomes
    initiative shall remain available for expenditure by the
    eligible entity for not more than 10 years after the
    funds are so made available.''.
    SEC. 50606. DATA EXCHANGE STANDARDS FOR IMPROVED INTEROPERABILITY.

    (a) In General.--Section 511(h) of the Social Security Act (42
    U.S.C. 711(h)) is amended by adding at the end the following:
    ``(5) Data exchange standards for improved
    interoperability.--
    ``(A) Designation and use of data exchange
    standards.--
    ``(i) <>  Designation.--
    The head of the department or agency responsible
    for administering a program funded under this
    section shall, in consultation with an interagency
    work group established by the Office of Management
    and Budget and considering State government
    perspectives, designate data exchange standards
    for necessary categories of information that a
    State agency operating the program is required to
    electronically exchange with another State agency
    under applicable Federal law.
    ``(ii) Data exchange standards must be
    nonproprietary and interoperable.--The data
    exchange standards designated under clause (i)
    shall, to the

    [[Page 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) <>  Designation.--
    The head of the department or agency responsible
    for administering a program referred to in this
    section shall, in consultation with an interagency
    work group established by the Office of Management
    and Budget, and considering State government
    perspectives, designate data exchange standards to
    govern Federal reporting and exchange requirements
    under applicable Federal law.
    ``(ii) Requirements.--The data exchange
    reporting standards required by clause (i) shall,
    to the extent practicable--
    ``(I) incorporate a widely accepted,
    nonproprietary, searchable, computer-
    readable format;
    ``(II) be consistent with and
    implement applicable accounting
    principles;
    ``(III) be implemented in a manner
    that is cost-effective and improves
    program efficiency and effectiveness;
    and
    ``(IV) be capable of being
    continually upgraded as necessary.
    ``(iii) Incorporation of nonproprietary
    standards.--In designating data exchange standards
    under this paragraph, the Secretary shall, to the
    extent practicable, incorporate existing
    nonproprietary standards, such as the eXtensible
    Mark up Language.
    ``(iv) Rule of construction.--Nothing in this
    paragraph shall be construed to require a change
    to existing data exchange standards for Federal
    reporting about a program referred to in this
    section, if the head of the department or agency
    responsible for administering the program finds
    the standards to be effective and efficient.''.

    (b) <>  Effective Date.--The amendment made
    by subsection (a) shall take effect on the date that is 2 years after
    the date of enactment of this Act.
    SEC. 50607. ALLOCATION OF FUNDS.

    Section 511(j) of the Social Security Act (42 U.S.C. 711(j)) is
    amended by adding at the end the following:

    [[Page 232]]

    ``(4) <> Allocation of funds.--To the
    extent that the grant amount awarded under this section to an
    eligible entity is determined on the basis of relative
    population or poverty considerations, the Secretary shall make
    the determination using the most accurate Federal data available
    for the eligible entity.''.

    Subtitle B--Extension of Health Professions Workforce Demonstration
    Projects

    SEC. 50611. EXTENSION OF HEALTH WORKFORCE DEMONSTRATION PROJECTS
    FOR LOW-INCOME INDIVIDUALS.

    Section 2008(c)(1) of the Social Security Act (42 U.S.C.
    1397g(c)(1)) is amended by striking ``2017'' and inserting ``2019''.

    TITLE VII--FAMILY FIRST PREVENTION SERVICES ACT

    Subtitle A-- <> Investing in
    Prevention and Supporting Families
    SEC. 50701. <> SHORT TITLE.

    This subtitle may be cited as the ``Bipartisan Budget Act of 2018''.
    SEC. 50702. <> PURPOSE.

    The purpose of this subtitle is to enable States to use Federal
    funds available under parts B and E of title IV of the Social Security
    Act to provide enhanced support to children and families and prevent
    foster care placements through the provision of mental health and
    substance abuse prevention and treatment services, in-home parent skill-
    based programs, and kinship navigator services.

    PART I--PREVENTION ACTIVITIES UNDER TITLE IV-E

    SEC. 50711. FOSTER CARE PREVENTION SERVICES AND PROGRAMS.

    (a) State Option.--Section 471 of the Social Security Act (42 U.S.C.
    671) is amended--
    (1) in subsection (a)(1), by striking ``and'' and all that
    follows through the semicolon and inserting ``, adoption
    assistance in accordance with section 473, and, at the option of
    the State, services or programs specified in subsection (e)(1)
    of this section for children who are candidates for foster care
    or who are pregnant or parenting foster youth and the parents or
    kin caregivers of the children, in accordance with the
    requirements of that subsection;''; and
    (2) by adding at the end the following:

    ``(e) Prevention and Family Services and Programs.--
    ``(1) <>  In general.--Subject to the
    succeeding provisions of this subsection, the Secretary may make
    a payment to a State for providing the following services or
    programs for a child

    [[Page 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) <> comply
    with such other requirements as the
    Secretary shall establish.

    [[Page 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) <>  comply
    with such other requirements as the
    Secretary shall establish.
    ``(B) Trauma-informed.--The services or programs to
    be provided to or on behalf of a child are provided
    under an organizational structure and treatment
    framework that involves understanding, recognizing, and
    responding to the effects of all types of trauma and in
    accordance with recognized principles of a trauma-
    informed approach and trauma-specific interventions to
    address trauma's consequences and facilitate healing.
    ``(C) Only services and programs provided in
    accordance with promising, supported, or well-supported
    practices permitted.--
    ``(i) In general.--Only State expenditures for
    services or programs specified in subparagraph (A)
    or (B) of paragraph (1) that are provided in
    accordance with practices that meet the
    requirements specified in clause (ii) of this
    subparagraph and that meet the requirements
    specified in clause (iii), (iv), or (v),
    respectively, for being a promising, supported, or
    well-supported practice, shall be eligible for a
    Federal matching payment under section
    474(a)(6)(A).
    ``(ii) General practice requirements.--The
    general practice requirements specified in this
    clause are the following:
    ``(I) The practice has a book,
    manual, or other available writings that
    specify the components of the practice
    protocol and describe how to administer
    the practice.
    ``(II) There is no empirical basis
    suggesting that, compared to its likely
    benefits, the practice constitutes a
    risk of harm to those receiving it.
    ``(III) If multiple outcome studies
    have been conducted, the overall weight
    of evidence supports the benefits of the
    practice.
    ``(IV) Outcome measures are reliable
    and valid, and are administrated
    consistently and accurately across all
    those receiving the practice.
    ``(V) There is no case data
    suggesting a risk of harm that was
    probably caused by the treatment and
    that was severe or frequent.
    ``(iii) <>  Promising
    practice.--A practice shall be considered to be a
    `promising practice' if the practice is superior
    to an appropriate comparison practice using

    [[Page 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) <>  Supported practice.--
    A practice shall be considered to be a `supported
    practice' if--
    ``(I) the practice is superior to an
    appropriate comparison practice using
    conventional standards of statistical
    significance (in terms of demonstrated
    meaningful improvements in validated
    measures of important child and parent
    outcomes, such as mental health,
    substance abuse, and child safety and
    well-being), as established by the
    results or outcomes of at least one
    study that--
    ``(aa) was rated by an
    independent systematic review
    for the quality of the study
    design and execution and
    determined to be well-designed
    and well-executed;
    ``(bb) was a rigorous
    random-controlled trial (or, if
    not available, a study using a
    rigorous quasi-experimental
    research design); and
    ``(cc) was carried out in a
    usual care or practice setting;
    and
    ``(II) <>  the
    study described in subclause (I)
    established that the practice has a
    sustained effect (when compared to a
    control group) for at least 6 months
    beyond the end of the treatment.
    ``(v) <>  Well-supported
    practice.--A practice shall be considered to be a
    `well-supported practice' if--
    ``(I) the practice is superior to an
    appropriate comparison practice using
    conventional standards of statistical
    significance (in terms of demonstrated
    meaningful improvements in validated
    measures of important child and parent
    outcomes, such as mental health,
    substance abuse, and child safety and
    well-being), as established by the
    results or outcomes of at least two
    studies that--
    ``(aa) were rated by an
    independent systematic review
    for the quality of the study
    design and execution and
    determined to be well-designed
    and well-executed;
    ``(bb) were rigorous random-
    controlled trials (or, if not
    available, studies using a
    rigorous quasi-experimental
    research design); and
    ``(cc) were carried out in a
    usual care or practice setting;
    and

    [[Page 236]]

    ``(II) <>  at
    least one of the studies described in
    subclause (I) established that the
    practice has a sustained effect (when
    compared to a control group) for at
    least 1 year beyond the end of
    treatment.
    ``(D) Guidance on practices criteria and pre-
    approved services and programs.--
    ``(i) <>  In general.--Not
    later than October 1, 2018, the Secretary shall
    issue guidance to States regarding the practices
    criteria required for services or programs to
    satisfy the requirements of subparagraph (C). The
    guidance shall include a pre-approved list of
    services and programs that satisfy the
    requirements.
    ``(ii) Updates.--The Secretary shall issue
    updates to the guidance required by clause (i) as
    often as the Secretary determines necessary.
    ``(E) <>
    Outcome assessment and reporting.--The State shall
    collect and report to the Secretary the following
    information with respect to each child for whom, or on
    whose behalf mental health and substance abuse
    prevention and treatment services or in-home parent
    skill-based programs are provided during a 12-month
    period beginning on the date the child is determined by
    the State to be a child described in paragraph (2):
    ``(i) The specific services or programs
    provided and the total expenditures for each of
    the services or programs.
    ``(ii) The duration of the services or
    programs provided.
    ``(iii) <>  In the case of a
    child described in paragraph (2)(A), the child's
    placement status at the beginning, and at the end,
    of the 1-year period, respectively, and whether
    the child entered foster care within 2 years after
    being determined a candidate for foster care.
    ``(5) State plan component.--
    ``(A) <>  In general.--A State electing
    to provide services or programs specified in paragraph
    (1) shall submit as part of the State plan required by
    subsection (a) a prevention services and programs plan
    component that meets the requirements of subparagraph
    (B).
    ``(B) <>  Prevention services
    and programs plan component.--In order to meet the
    requirements of this subparagraph, a prevention services
    and programs plan component, with respect to each 5-year
    period for which the plan component is in operation in
    the State, shall include the following:
    ``(i) How providing services and programs
    specified in paragraph (1) is expected to improve
    specific outcomes for children and families.
    ``(ii) <>
    How the State will monitor and oversee the safety
    of children who receive services and programs
    specified in paragraph (1), including through
    periodic risk assessments throughout the period in
    which the services and programs are provided on
    behalf of a child and reexamination of the
    prevention plan maintained for the child under
    paragraph (4) for the provision of the services or
    programs if the State determines

    [[Page 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) <>  how
    each service or program provided will be
    evaluated through a well-designed and
    rigorous process, which may consist of
    an ongoing, cross-site evaluation
    approved by the Secretary.
    ``(iv) <>  A description
    of the consultation that the State agencies
    responsible for administering the State plans
    under this part and part B engage in with other
    State agencies responsible for administering
    health programs, including mental health and
    substance abuse prevention and treatment services,
    and with other public and private agencies with
    experience in administering child and family
    services, including community-based organizations,
    in order to foster a continuum of care for
    children described in paragraph (2) and their
    parents or kin caregivers.
    ``(v) <>  A description of
    how the State shall assess children and their
    parents or kin caregivers to determine eligibility
    for services or programs specified in paragraph
    (1).
    ``(vi) A description of how the services or
    programs specified in paragraph (1) that are
    provided for or on behalf of a child and the
    parents or kin caregivers of the child will be
    coordinated with other child and family services
    provided to the child and the parents or kin
    caregivers of the child under the State plans in
    effect under subparts 1 and 2 of part B.
    ``(vii) Descriptions of steps the State is
    taking to support and enhance a competent,
    skilled, and professional child welfare workforce
    to deliver trauma-informed and evidence-based
    services, including--
    ``(I) ensuring that staff is
    qualified to provide services or
    programs that are consistent with the
    promising, supported, or well-supported
    practice models selected; and

    [[Page 238]]

    ``(II) developing appropriate
    prevention plans, and conducting the
    risk assessments required under clause
    (iii).
    ``(viii) <>  A
    description of how the State will provide training
    and support for caseworkers in assessing what
    children and their families need, connecting to
    the families served, knowing how to access and
    deliver the needed trauma-informed and evidence-
    based services, and overseeing and evaluating the
    continuing appropriateness of the services.
    ``(ix) A description of how caseload size and
    type for prevention caseworkers will be
    determined, managed, and overseen.
    ``(x) An assurance that the State will report
    to the Secretary such information and data as the
    Secretary may require with respect to the
    provision of services and programs specified in
    paragraph (1), including information and data
    necessary to determine the performance measures
    for the State under paragraph (6) and compliance
    with paragraph (7).
    ``(C) Reimbursement for services under the
    prevention plan component.--
    ``(i) <>  Limitation.--
    Except as provided in subclause (ii), a State may
    not receive a Federal payment under this part for
    a given promising, supported, or well-supported
    practice unless (in accordance with subparagraph
    (B)(iii)(V)) the plan includes a well-designed and
    rigorous evaluation strategy for that practice.
    ``(ii) Waiver of limitation.--The Secretary
    may waive the requirement for a well-designed and
    rigorous evaluation of any well-supported practice
    if the Secretary deems the evidence of the
    effectiveness of the practice to be compelling and
    the State meets the continuous quality improvement
    requirements included in subparagraph (B)(iii)(II)
    with regard to the practice.
    ``(6) Prevention services measures.--
    ``(A) <>  Establishment; annual
    updates.--Beginning with fiscal year 2021, and annually
    thereafter, the Secretary shall establish the following
    prevention services measures based on information and
    data reported by States that elect to provide services
    and programs specified in paragraph (1):
    ``(i) Percentage of candidates for foster care
    who do not enter foster care.-- <> The percentage of candidates for foster
    care for whom, or on whose behalf, the services or
    programs are provided who do not enter foster
    care, including those placed with a kin caregiver
    outside of foster care, during the 12-month period
    in which the services or programs are provided and
    through the end of the succeeding 12-month period.
    ``(ii) Per-child spending.--The total amount
    of expenditures made for mental health and
    substance abuse prevention and treatment services
    or in-home parent skill-based programs,
    respectively, for, or on behalf of, each child
    described in paragraph (2).
    ``(B) <>  Data.--The
    Secretary shall establish and annually update the
    prevention services measures--

    [[Page 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) <> taking into
    account State differences in the price levels of
    consumption goods and services using the most
    recent regional price parities published by the
    Bureau of Economic Analysis of the Department of
    Commerce or such other data as the Secretary
    determines appropriate.
    ``(C) Publication of state prevention services
    measures.-- <> The
    Secretary shall annually make available to the public
    the prevention services measures of each State.
    ``(7) Maintenance of effort for state foster care prevention
    expenditures.--
    ``(A) In general.--If a State elects to provide
    services and programs specified in paragraph (1) for a
    fiscal year, the State foster care prevention
    expenditures for the fiscal year shall not be less than
    the amount of the expenditures for fiscal year 2014 (or,
    at the option of a State described in subparagraph (E),
    fiscal year 2015 or fiscal year 2016 (whichever the
    State elects)).
    ``(B) <>  State foster care
    prevention expenditures.--The term `State foster care
    prevention expenditures' means the following:
    ``(i) TANF; iv-b; ssbg.--State expenditures
    for foster care prevention services and activities
    under the State program funded under part A
    (including from amounts made available by the
    Federal Government), under the State plan
    developed under part B (including any such
    amounts), or under the Social Services Block Grant
    Programs under subtitle A of title XX (including
    any such amounts).
    ``(ii) Other state programs.--State
    expenditures for foster care prevention services
    and activities under any State program that is not
    described in clause (i) (other than any State
    expenditures for foster care prevention services
    and activities under the State program under this
    part (including under a waiver of the program)).
    ``(C) <>  State expenditures.--
    The term `State expenditures' means all State or local
    funds that are expended by the State or a local agency
    including State or local funds that are matched or
    reimbursed by the Federal Government and State or local
    funds that are not matched or reimbursed by the Federal
    Government.
    ``(D) <>  Determination
    of prevention services and activities.--The Secretary
    shall require each State that elects to provide services
    and programs specified in paragraph (1) to report the
    expenditures specified in subparagraph (B) for fiscal
    year 2014 and for such fiscal years thereafter as are
    necessary to determine whether the State is complying
    with the maintenance of effort requirement in
    subparagraph (A). The Secretary shall specify the
    specific services and activities under each program
    referred to in subparagraph (B) that are `prevention
    services and activities' for purposes of the reports.

    [[Page 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) <> 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 241]]

    ``(6) subject to section 471(e)--
    ``(A) for each quarter--
    ``(i) <>  subject to
    clause (ii)--
    ``(I) beginning after September 30,
    2019, and before October 1, 2026, an
    amount equal to 50 percent of the total
    amount expended during the quarter for
    the provision of services or programs
    specified in subparagraph (A) or (B) of
    section 471(e)(1) that are provided in
    accordance with promising, supported, or
    well-supported practices that meet the
    applicable criteria specified for the
    practices in section 471(e)(4)(C); and
    ``(II) beginning after September 30,
    2026, an amount equal to the Federal
    medical assistance percentage (which
    shall be as defined in section 1905(b),
    in the case of a State other than the
    District of Columbia, or 70 percent, in
    the case of the District of Columbia) of
    the total amount expended during the
    quarter for the provision of services or
    programs specified in subparagraph (A)
    or (B) of section 471(e)(1) that are
    provided in accordance with promising,
    supported, or well-supported practices
    that meet the applicable criteria
    specified for the practices in section
    471(e)(4)(C) (or, with respect to the
    payments made during the quarter under a
    cooperative agreement or contract
    entered into by the State and an Indian
    tribe, tribal organization, or tribal
    consortium for the administration or
    payment of funds under this part, an
    amount equal to the Federal medical
    assistance percentage that would apply
    under section 479B(d) (in this paragraph
    referred to as the `tribal FMAP') if the
    Indian tribe, tribal organization, or
    tribal consortium made the payments
    under a program operated under that
    section, unless the tribal FMAP is less
    than the Federal medical assistance
    percentage that applies to the State);
    except that
    ``(ii) not less than 50 percent of the total
    amount expended by a State under clause (i) for a
    fiscal year shall be for the provision of services
    or programs specified in subparagraph (A) or (B)
    of section 471(e)(1) that are provided in
    accordance with well-supported practices; plus
    ``(B) for each quarter specified in subparagraph
    (A), an amount equal to the sum of the following
    proportions of the total amount expended during the
    quarter--
    ``(i) 50 percent of so much of the
    expenditures as are found necessary by the
    Secretary for the proper and efficient
    administration of the State plan for the provision
    of services or programs specified in section
    471(e)(1), including expenditures for activities
    approved by the Secretary that promote the
    development of necessary processes and procedures
    to establish and implement the provision of the
    services and

    [[Page 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) <>  Technical assistance and
    best practices.--The Secretary shall provide to States and, as
    applicable, to Indian tribes, tribal organizations, and tribal
    consortia, technical assistance regarding the provision of
    services and programs described in section 471(e)(1) and shall
    disseminate best practices with respect to the provision of the
    services and programs, including how to plan and implement a
    well-designed and rigorous evaluation of a promising, supported,
    or well-supported practice.
    ``(2) Clearinghouse of promising, supported, and well-
    supported practices.-- <> The Secretary
    shall, directly or through grants, contracts, or interagency
    agreements, evaluate research on the practices specified in
    clauses (iii), (iv), and (v), respectively, of section
    471(e)(4)(C), and programs that meet the requirements described
    in section 427(a)(1), including culturally specific, or
    location- or population-based adaptations of the practices, to
    identify and establish a public clearinghouse of the practices
    that satisfy each category described by such clauses. In
    addition, the clearinghouse shall include information on the
    specific outcomes associated with each practice, including
    whether the practice has been shown to prevent child abuse and
    neglect and reduce the likelihood of foster care placement by
    supporting birth families and kinship families and improving
    targeted supports for pregnant and parenting youth and their
    children.
    ``(3) Data collection and evaluations.--The Secretary,
    directly or through grants, contracts, or interagency
    agreements, may collect data and conduct evaluations with
    respect to the provision of services and programs described in
    section 471(e)(1) for purposes of assessing the extent to which
    the provision of the services and programs--
    ``(A) reduces the likelihood of foster care
    placement;
    ``(B) increases use of kinship care arrangements; or

    [[Page 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.-- <> 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 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) <> 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 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) <>  an amount equal to 50
    percent of the amounts expended by the State during the quarter
    as the Secretary determines are for kinship navigator programs
    that meet the requirements described in section 427(a)(1) and
    that the Secretary determines are operated in accordance with
    promising, supported, or well-supported practices that meet the
    applicable criteria specified for the practices in section
    471(e)(4)(C), without regard to whether the expenditures are
    incurred on behalf of children who are, or are potentially,
    eligible for foster care maintenance payments under this
    part.''.

    PART II--ENHANCED SUPPORT UNDER TITLE IV-B

    SEC. 50721. ELIMINATION OF TIME LIMIT FOR FAMILY REUNIFICATION
    SERVICES WHILE IN FOSTER CARE AND
    PERMITTING TIME-LIMITED FAMILY
    REUNIFICATION SERVICES WHEN A CHILD
    RETURNS HOME FROM FOSTER CARE.

    (a) In General.--Section 431(a)(7) of the Social Security Act (42
    U.S.C. 629a(a)(7)) is amended--
    (1) in the paragraph heading, by striking ``Time-limited
    family'' and inserting ``Family''; and
    (2) in subparagraph (A)--
    (A) by striking ``time-limited family'' and
    inserting ``family'';
    (B) by inserting ``or a child who has been returned
    home'' after ``child care institution''; and
    (C) by striking ``, but only during the 15-month
    period that begins on the date that the child, pursuant
    to section 475(5)(F), is considered to have entered
    foster care'' and inserting ``and to ensure the strength
    and stability of the reunification. <>  In the case of a child who has been returned
    home, the services and activities shall only be provided
    during the 15-month period that begins on the date that
    the child returns home''.

    (b) Conforming Amendments.--
    (1) Section 430 of such Act (42 U.S.C. 629) is amended in
    the matter preceding paragraph (1), by striking ``time-
    limited''.
    (2) Subsections (a)(4), (a)(5)(A), and (b)(1) of section 432
    of such Act (42 U.S.C. 629b) are amended by striking ``time-
    limited'' each place it appears.

    [[Page 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) <>  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 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) <>
    Evaluations.--Not later than 1 year after the final year in
    which funds are awarded under this subsection, the Secretary
    shall submit to the Congress, and make available to the general
    public by posting on a website, a report that contains the
    following information:
    ``(A) How using the electronic interstate case-
    processing system developed pursuant to paragraph (4)
    has changed the time it takes for children to be placed
    across State lines.
    ``(B) The number of cases subject to the Interstate
    Compact on the Placement of Children that were processed
    through the electronic interstate case-processing
    system, and the number of interstate child placement
    cases that were processed outside the electronic
    interstate case-processing system, by each State in each
    year.
    ``(C) The progress made by States in implementing
    the electronic interstate case-processing system.
    ``(D) How using the electronic interstate case-
    processing system has affected various metrics related
    to child safety and well-being, including the time it
    takes for children to be placed across State lines.
    ``(E) How using the electronic interstate case-
    processing system has affected administrative costs and
    caseworker time spent on placing children across State
    lines.
    ``(6) <>  Data
    integration.--The Secretary, in consultation with the
    Secretariat for the Interstate Compact on the Placement of
    Children and the States, shall assess how the electronic
    interstate case-processing system developed pursuant to
    paragraph (4) could be used to better serve and protect children
    that come to the attention of the child welfare system, by--
    ``(A) connecting the system with other data systems
    (such as systems operated by State law enforcement and
    judicial agencies, systems operated by the Federal
    Bureau of Investigation for the purposes of the
    Innocence Lost National Initiative, and other systems);
    ``(B) simplifying and improving reporting related to
    paragraphs (34) and (35) of section 471(a) regarding
    children or youth who have been identified as being a
    sex trafficking victim or children missing from foster
    care; and
    ``(C) improving the ability of States to quickly
    comply with background check requirements of section
    471(a)(20), including checks of child abuse and neglect
    registries as required by section 471(a)(20)(B).''.

    (d) Reservation of Funds To Improve the Interstate Placement of
    Children.--Section 437(b) of such Act (42 U.S.C. 629g(b)) is amended by
    adding at the end the following:

    [[Page 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 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) <>  Sufficient
    planning.--A grant awarded under this subsection
    shall be disbursed in two phases: a planning phase
    (not to exceed 2 years) and an implementation
    phase. The total disbursement to a grantee for the
    planning phase may not exceed $250,000, and may
    not exceed the total anticipated funding for the
    implementation phase.''; and
    (C) by adding at the end the following:
    ``(D) <>  Limitation on
    payment for a fiscal year.--No payment shall be made
    under subparagraph (A) or (C) for a fiscal year until
    the Secretary determines that the eligible partnership
    has made sufficient progress in meeting the goals of the
    grant and that the members of the eligible partnership
    are coordinating to a reasonable degree with the other
    members of the eligible partnership.'';
    (4) in paragraph (4)--
    (A) in subparagraph (B)--
    (i) in clause (i), by inserting ``, parents,
    and families'' after ``children'';
    (ii) in clause (ii), by striking ``safety and
    permanence for such children; and'' and inserting
    ``safe, permanent caregiving relationships for the
    children;'';
    (iii) in clause (iii), by striking ``or'' and
    inserting ``increase reunification rates for
    children who have been placed in out-of-home care,
    or decrease''; and
    (iv) by redesignating clause (iii) as clause
    (v) and inserting after clause (ii) the following:
    ``(iii) improve the substance abuse treatment
    outcomes for parents including retention in
    treatment and successful completion of treatment;
    ``(iv) facilitate the implementation,
    delivery, and effectiveness of prevention services
    and programs under section 471(e); and'';

    [[Page 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) <>  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 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. <>  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 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. <>  EFFECTIVE DATES.

    (a) Effective Dates.--
    (1) In general.--Except as provided in paragraph (2),
    subject to subsection (b), the amendments made by parts I
    through III of this subtitle shall take effect on October 1,
    2018.
    (2) Exceptions.--The amendments made by sections 50711(d),
    50731, and 50733 shall take effect on the date of enactment of
    this Act.

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

    [[Page 253]]

    (2) Application to programs operated by indian tribal
    organizations.-- <> In the case of an
    Indian tribe, tribal organization, or tribal consortium which
    the Secretary of Health and Human Services determines requires
    time to take action necessary to comply with the additional
    requirements imposed by the amendments made by parts I through
    III of this subtitle (whether the tribe, organization, or tribal
    consortium has a plan under section 479B of the Social Security
    Act or a cooperative agreement or contract entered into with a
    State), the Secretary shall provide the tribe, organization, or
    tribal consortium with such additional time as the Secretary
    determines is necessary for the tribe, organization, or tribal
    consortium to take the action to comply with the additional
    requirements before being regarded as failing to comply with the
    requirements.

    PART IV--ENSURING THE NECESSITY OF A PLACEMENT THAT IS NOT IN A FOSTER
    FAMILY HOME

    SEC. 50741. LIMITATION ON FEDERAL FINANCIAL PARTICIPATION FOR
    PLACEMENTS THAT ARE NOT IN FOSTER
    FAMILY HOMES.

    (a) Limitation on Federal Financial Participation.--
    (1) In general.--Section 472 of the Social Security Act (42
    U.S.C. 672), as amended by section 50712(a), is amended--
    (A) in subsection (a)(2)(C), by inserting ``, but
    only to the extent permitted under subsection (k)''
    after ``institution''; and
    (B) by adding at the end the following:

    ``(k) Limitation on Federal Financial Participation.--
    ``(1) <>  In general.--
    Beginning with the third week for which foster care maintenance
    payments are made under this section on behalf of a child placed
    in a child-care institution, no Federal payment shall be made to
    the State under section 474(a)(1) for amounts expended for
    foster care maintenance payments on behalf of the child unless--
    ``(A) the child is placed in a child-care
    institution that is a setting specified in paragraph (2)
    (or is placed in a licensed residential family-based
    treatment facility consistent with subsection (j)); and
    ``(B) in the case of a child placed in a qualified
    residential treatment program (as defined in paragraph
    (4)), the requirements specified in paragraph (3) and
    section 475A(c) are met.
    ``(2) Specified settings for placement.--The settings for
    placement specified in this paragraph are the following:
    ``(A) A qualified residential treatment program (as
    defined in paragraph (4)).
    ``(B) A setting specializing in providing prenatal,
    post-partum, or parenting supports for youth.
    ``(C) In the case of a child who has attained 18
    years of age, a supervised setting in which the child is
    living independently.
    ``(D) A setting providing high-quality residential
    care and supportive services to children and youth who
    have

    [[Page 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) <>  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 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 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) <>  Child-care institution.--
    ``(A) In general.--The term `child-care institution'
    means a private child-care institution, or a public
    child-care institution which accommodates no more than
    25 children, which is licensed by the State in which it
    is situated or has been approved by the agency of the
    State responsible for licensing or approval of
    institutions of this type as meeting the standards
    established for the licensing.
    ``(B) Supervised settings.--In the case of a child
    who has attained 18 years of age, the term shall include
    a supervised setting in which the individual is living
    independently, in accordance with such conditions as the
    Secretary shall establish in regulations.
    ``(C) Exclusions.--The term shall not include
    detention facilities, forestry camps, training schools,
    or any other facility operated primarily for the
    detention of children who are determined to be
    delinquent.''.

    (c) Training for State Judges, Attorneys, and Other Legal Personnel
    in Child Welfare Cases.--Section 438(b)(1) of such Act (42 U.S.C.
    629h(b)(1)) is amended in the matter preceding subparagraph (A) by
    inserting ``shall provide for the training of judges, attorneys, and
    other legal personnel in child welfare cases on Federal child welfare
    policies and payment limitations with respect to children in foster care
    who are placed in settings that are not a foster family home,'' after
    ``with respect to the child,''.
    (d) Assurance of Nonimpact on Juvenile Justice System.--
    (1) State plan requirement.--Section 471(a) of such Act (42
    U.S.C. 671(a)), as amended by section 50731, is further amended
    by adding at the end the following:
    ``(37) <>  includes a certification
    that, in response to the limitation imposed under section 472(k)
    with respect to foster care maintenance payments made on behalf
    of any child who is placed in a setting that is not a foster
    family home, the State will not enact or advance policies or
    practices that would result in a significant increase in the
    population of youth in the State's juvenile justice system.''.
    (2) <>  GAO study and report.--The
    Comptroller General of the United States shall evaluate the
    impact, if any, on State juvenile justice systems of the
    limitation imposed under

    [[Page 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.-- <> In the case of any child who is
    placed in a qualified residential treatment program (as defined in
    section 472(k)(4)), the following requirements shall apply for purposes
    of approving the case plan for the child and the case system review
    procedure for the child:
    ``(1)(A) <>  Within 30 days of the start of
    each placement in such a setting, a qualified individual (as
    defined in subparagraph (D)) shall--
    ``(i) assess the strengths and needs of the child
    using an age-appropriate, evidence-based, validated,
    functional assessment tool approved by the Secretary;
    ``(ii) <>  determine whether
    the needs of the child can be met with family members or
    through placement in a foster family home or, if not,
    which setting from among the settings specified in
    section 472(k)(2) would provide the most effective and
    appropriate level of care for the child in the least
    restrictive environment and be consistent with the
    short- and long-term goals for the child, as specified
    in the permanency plan for the child; and
    ``(iii) <>  develop a list of child-
    specific short- and long-term mental and behavioral
    health goals.
    ``(B)(i) The State shall assemble a family and permanency
    team for the child in accordance with the requirements of
    clauses (ii) and (iii). The qualified individual conducting the
    assessment required under subparagraph (A) shall work in
    conjunction with the family of, and permanency team for, the
    child while conducting and making the assessment.
    ``(ii) The family and permanency team shall consist of all
    appropriate biological family members, relative, and fictive kin
    of the child, as well as, as appropriate, professionals who are
    a resource to the family of the child, such as teachers, medical
    or mental health providers who have treated the child, or
    clergy. In the case of a child who has attained age 14, the
    family and permanency team shall include the members of the
    permanency planning team for the child that are selected by the
    child in accordance with section 475(5)(C)(iv).

    [[Page 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) <>  In the case of a child who
    the qualified individual conducting the assessment under
    subparagraph (A) determines should not be placed in a foster
    family home, the qualified individual shall specify in writing
    the reasons why the needs of the child cannot be met by the
    family of the child or in a foster family home. A shortage or
    lack of foster family homes shall not be an acceptable reason
    for determining that the needs of the child cannot be met in a
    foster family home. The qualified individual also shall specify
    in writing why the recommended placement in a qualified
    residential treatment program is the setting that will provide
    the child with the most effective and appropriate level of care
    in the least restrictive environment and how that placement is
    consistent with the short- and long-term goals for the child, as
    specified in the permanency plan for the child.
    ``(D)(i) <>  Subject to clause (ii), in
    this subsection, the term `qualified individual' means a trained
    professional or licensed clinician who is not an employee of the
    State agency and who is not connected to, or affiliated with,
    any placement setting in which children are placed by the State.
    ``(ii) <>  The Secretary may approve a
    request of a State to waive any requirement in clause (i) upon a
    submission by the State, in accordance with criteria established
    by the Secretary, that certifies that the trained professionals
    or licensed clinicians with responsibility for performing the
    assessments described in subparagraph (A) shall maintain
    objectivity with

    [[Page 259]]

    respect to determining the most effective and appropriate
    placement for a child.
    ``(2) <>  Within 60 days of the start of
    each placement in a qualified residential treatment program, a
    family or juvenile court or another court (including a tribal
    court) of competent jurisdiction, or an administrative body
    appointed or approved by the court, independently, shall--
    ``(A) consider the assessment, determination, and
    documentation made by the qualified individual
    conducting the assessment under paragraph (1);
    ``(B) <>  determine whether
    the needs of the child can be met through placement in a
    foster family home or, if not, whether placement of the
    child in a qualified residential treatment program
    provides the most effective and appropriate level of
    care for the child in the least restrictive environment
    and whether that placement is consistent with the short-
    and long-term goals for the child, as specified in the
    permanency plan for the child; and
    ``(C) approve or disapprove the placement.
    ``(3) The written documentation made under paragraph (1)(C)
    and documentation of the determination and approval or
    disapproval of the placement in a qualified residential
    treatment program by a court or administrative body under
    paragraph (2) shall be included in and made part of the case
    plan for the child.
    ``(4) As long as a child remains placed in a qualified
    residential treatment program, the State agency shall submit
    evidence at each status review and each permanency hearing held
    with respect to the child--
    ``(A) demonstrating that ongoing assessment of the
    strengths and needs of the child continues to support
    the determination that the needs of the child cannot be
    met through placement in a foster family home, that the
    placement in a qualified residential treatment program
    provides the most effective and appropriate level of
    care for the child in the least restrictive environment,
    and that the placement is consistent with the short- and
    long-term goals for the child, as specified in the
    permanency plan for the child;
    ``(B) documenting the specific treatment or service
    needs that will be met for the child in the placement
    and the length of time the child is expected to need the
    treatment or services; and
    ``(C) documenting the efforts made by the State
    agency to prepare the child to return home or to be
    placed with a fit and willing relative, a legal
    guardian, or an adoptive parent, or in a foster family
    home.
    ``(5) <>  In the case of any child who
    is placed in a qualified residential treatment program for more
    than 12 consecutive months or 18 nonconsecutive months (or, in
    the case of a child who has not attained age 13, for more than 6
    consecutive or nonconsecutive months), the State agency shall
    submit to the Secretary--
    ``(A) the most recent versions of the evidence and
    documentation specified in paragraph (4); and
    ``(B) the signed approval of the head of the State
    agency for the continued placement of the child in that
    setting.''.

    [[Page 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. <> 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 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. <>  EFFECTIVE DATES;
    APPLICATION TO WAIVERS.

    (a) Effective Dates.--
    (1) In general.--Subject to paragraph (2) and subsections
    (b), (c), and (d), the amendments made by this part shall take
    effect as if enacted on January 1, 2018.
    (2) <>  Transition rule.--In the case
    of a State plan under part B or E of title IV of the Social
    Security Act which the Secretary of Health and Human Services
    determines requires State legislation (other than legislation
    appropriating funds) in order for the plan to meet the
    additional requirements imposed by the amendments made by this
    part, the State plan shall not be regarded as failing to comply
    with the requirements of part B or E of title IV of such Act
    solely on the basis of the failure of the plan to meet the
    additional requirements before the first day of the first
    calendar quarter beginning after the close of the first regular
    session of the State legislature that begins after the date of
    enactment of this Act. For purposes of the previous sentence, in
    the case of a State that has a 2-year legislative session, each
    year of

    [[Page 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) <>  In general.--The amendments
    made by sections 50741(a), 50741(b), 50741(d), and 50742 shall
    take effect on October 1, 2019.
    (2) State option to delay effective date for not more than 2
    years.--If a State requests a delay in the effective date, the
    Secretary of Health and Human Services shall delay the effective
    date provided for in paragraph (1) with respect to the State for
    the amount of time requested by the State, not to exceed 2
    years. If the effective date is so delayed for a period with
    respect to a State under the preceding sentence, then--
    (A) notwithstanding section 50734, the date that the
    amendments made by section 50711(c) take effect with
    respect to the State shall be delayed for the period;
    and
    (B) <>  in applying section
    474(a)(6) of the Social Security Act with respect to the
    State, ``on or after the date this paragraph takes
    effect with respect to the State'' is deemed to be
    substituted for ``after September 30, 2019'' in
    subparagraph (A)(i)(I) of such section.

    (c) Criminal Records Checks and Checks of Child Abuse and Neglect
    Registries for Adults Working in Child-care Institutions and Other Group
    Care Settings.-- <> Subject to subsection (a)(2),
    the amendments made by section 50745 shall take effect on October 1,
    2018.

    (d) Application to States With Waivers.--In the case of a State
    that, on the date of enactment of this Act, has in effect a waiver
    approved under section 1130 of the Social Security Act (42 U.S.C. 1320a-
    9), the amendments made by this part shall not apply with respect to the
    State before the expiration (determined without regard to any
    extensions) of the waiver to the extent the amendments are inconsistent
    with the terms of the waiver.

    PART V--CONTINUING SUPPORT FOR CHILD AND FAMILY SERVICES

    SEC. 50751. SUPPORTING AND RETAINING FOSTER FAMILIES FOR CHILDREN.

    (a) Supporting and Retaining Foster Parents as a Family Support
    Service.--Section 431(a)(2)(B) of the Social Security Act (42 U.S.C.
    631(a)(2)(B)) is amended by redesignating clauses (iii) through (vi) as
    clauses (iv) through (vii), respectively, and inserting after clause
    (ii) the following:
    ``(iii) To support and retain foster families
    so they can provide quality family-based settings
    for children in foster care.''.

    (b) Support for Foster Family Homes.--Section 436 of such Act (42
    U.S.C. 629f) is amended by adding at the end the following:
    ``(c) Support for Foster Family Homes.-- <> Out of any money in the Treasury of the United States
    not otherwise appropriated, there are appropriated to the Secretary for
    fiscal year 2018, $8,000,000 for the Secretary to make competitive
    grants to States, Indian tribes, or tribal consortia to support the
    recruitment and

    [[Page 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) <>  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 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) <> Availability of
    amounts.--To the extent that amounts paid to States
    under this section in a fiscal year remain unexpended by
    the States at the end of the succeeding fiscal year, the
    Secretary may make the amounts available for
    redistribution in the second succeeding fiscal year
    among the States that apply for additional funds under
    this section for that second succeeding fiscal year.
    ``(B) Redistribution.--
    ``(i) In general.--The Secretary shall
    redistribute the amounts made available under
    subparagraph (A) for a fiscal year among eligible
    applicant
    States. <>  In
    this subparagraph, the term `eligible applicant
    State' means a State that has applied for
    additional funds for the fiscal year under
    subparagraph (A) if the Secretary determines that
    the State will use the funds for the purpose for
    which originally allotted under this section.
    ``(ii) Amount to be redistributed.--The amount
    to be redistributed to each eligible applicant
    State shall be the amount so made available
    multiplied by the State foster care ratio, (as
    defined in subsection (c)(4), except that, in such
    subsection, `all eligible applicant States (as
    defined in subsection (d)(5)(B)(i))' shall be
    substituted for `all States').
    ``(iii) Treatment of redistributed amount.--
    Any amount made available to a State under this
    paragraph shall be regarded as part of the
    allotment of the State under this section for the
    fiscal year in which the redistribution is made.
    ``(C) <>  Tribes.--For purposes
    of this paragraph, the term `State' includes an Indian
    tribe, tribal organization, or tribal consortium that
    receives an allotment under this section.''.

    [[Page 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 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) <>  Report to congress.--Not later
    than October 1, 2019, the Secretary shall submit to the
    Committee on Ways and Means of the House of Representatives and
    the Committee on Finance of the Senate a report on the National
    Youth in Transition Database and any other databases in which
    States report outcome measures relating to children in foster
    care and children who have aged out of foster care or left
    foster care for kinship guardianship or adoption. The report
    shall include the following:
    ``(A) A description of the reasons for entry into
    foster care and of the foster care experiences, such as
    length of stay, number of placement settings, case goal,
    and discharge reason of 17-year-olds who are surveyed by
    the National Youth in Transition Database and an
    analysis of the comparison of that description with the
    reasons for entry and foster care experiences of
    children of other ages who exit from foster care before
    attaining age 17.
    ``(B) A description of the characteristics of the
    individuals who report poor outcomes at ages 19 and 21
    to the National Youth in Transition Database.
    ``(C) <>  Benchmarks for
    determining what constitutes a poor outcome for youth
    who remain in or have exited from foster care and plans
    the executive branch will take to incorporate these
    benchmarks in efforts to evaluate child welfare agency
    performance in providing services to children
    transitioning from foster care.
    ``(D) An analysis of the association between types
    of placement, number of overall placements, time spent
    in foster care, and other factors, and outcomes at ages
    19 and 21.
    ``(E) An analysis of the differences in outcomes for
    children in and formerly in foster care at age 19 and 21
    among States.''.

    (e) Clarifying Documentation Provided to Foster Youth Leaving Foster
    Care.--Section 475(5)(I) of such Act (42 U.S.C. 675(5)(I)) is amended by
    inserting after ``REAL ID Act of 2005'' the following: ``, and any
    official documentation necessary to prove that the child was previously
    in foster care''.

    [[Page 267]]

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

    SEC. 50761. <>  REAUTHORIZING ADOPTION
    AND LEGAL GUARDIANSHIP INCENTIVE
    PROGRAMS.

    (a) In General.--Section 473A of the Social Security Act (42 U.S.C.
    673b) is amended--
    (1) in subsection (b)(4), by striking ``2013 through 2015''
    and inserting ``2016 through 2020'';
    (2) in subsection (h)(1)(D), by striking ``2016'' and
    inserting ``2021''; and
    (3) in subsection (h)(2), by striking ``2016'' and inserting
    ``2021''.

    (b) <> Effective Date.--The amendments made
    by subsection (a) shall take effect as if enacted on October 1, 2017.

    PART VII--TECHNICAL CORRECTIONS

    SEC. 50771. TECHNICAL CORRECTIONS TO DATA EXCHANGE STANDARDS TO
    IMPROVE PROGRAM COORDINATION.

    (a) In General.--Section 440 of the Social Security Act (42 U.S.C.
    629m) is amended to read as follows:
    ``SEC. 440. DATA EXCHANGE STANDARDS FOR IMPROVED INTEROPERABILITY.

    ``(a) <>  Designation.--The
    Secretary shall, in consultation with an interagency work group
    established by the Office of Management and Budget and considering State
    government perspectives, by rule, designate data exchange standards to
    govern, under this part and part E--
    ``(1) necessary categories of information that State
    agencies operating programs under State plans approved under
    this part are required under applicable Federal law to
    electronically exchange with another State agency; and
    ``(2) Federal reporting and data exchange required under
    applicable Federal law.

    ``(b) Requirements.--The data exchange standards required by
    paragraph (1) shall, to the extent practicable--
    ``(1) incorporate a widely accepted, non-proprietary,
    searchable, computer-readable format, such as the Extensible
    Markup Language;
    ``(2) contain interoperable standards developed and
    maintained by intergovernmental partnerships, such as the
    National Information Exchange Model;
    ``(3) incorporate interoperable standards developed and
    maintained by Federal entities with authority over contracting
    and financial assistance;
    ``(4) be consistent with and implement applicable accounting
    principles;
    ``(5) be implemented in a manner that is cost-effective and
    improves program efficiency and effectiveness; and
    ``(6) be capable of being continually upgraded as necessary.

    ``(c) Rule of Construction.--Nothing in this subsection shall be
    construed to require a change to existing data exchange standards found
    to be effective and efficient.''.

    [[Page 268]]

    (b) <>  Effective
    Date.--Not later than the date that is 24 months after the date of the
    enactment of this section, the Secretary of Health and Human Services
    shall issue a proposed rule that--
    (1) <> identifies federally required
    data exchanges, include specification and timing of exchanges to
    be standardized, and address the factors used in determining
    whether and when to standardize data exchanges; and
    (2) specifies State implementation options and describes
    future milestones.
    SEC. 50772. TECHNICAL CORRECTIONS TO STATE REQUIREMENT TO ADDRESS
    THE DEVELOPMENTAL NEEDS OF YOUNG
    CHILDREN.

    Section 422(b)(18) of the Social Security Act (42 U.S.C. 622(b)(18))
    is amended by striking ``such children'' and inserting ``all vulnerable
    children under 5 years of age''.

    PART VIII--ENSURING STATES REINVEST SAVINGS RESULTING FROM INCREASE IN
    ADOPTION ASSISTANCE

    SEC. 50781. DELAY OF ADOPTION ASSISTANCE PHASE-IN.

    (a) In General.--The table in section 473(e)(1)(B) of the Social
    Security Act (42 U.S.C. 673(e)(1)(B)) is amended by striking the last 2
    rows and inserting the following:

    ----------------------------------------------------------------------------------------------------------------
    ``2017 through 2023..........................  2
    2024.........................................  2 (or, in the case of a child for whom an adoption assistance
    agreement is entered into under this section on or after July 1,
    2024, any age)
    2025 or thereafter...........................  any age.''.
    ----------------------------------------------------------------------------------------------------------------

    (b) <>  Effective Date.--The amendment made
    by this section shall take effect as if enacted on January 1, 2018.
    SEC. 50782. GAO STUDY AND REPORT ON STATE REINVESTMENT OF SAVINGS
    RESULTING FROM INCREASE IN ADOPTION
    ASSISTANCE.

    (a) Study.--The Comptroller General of the United States shall study
    the extent to which States are complying with the requirements of
    section 473(a)(8) of the Social Security Act (42 U.S.C. 673(a)(8))
    relating to the effects of phasing out the AFDC income eligibility
    requirements for adoption assistance payments under section 473 of the
    Social Security Act, as enacted by section 402 of the Fostering
    Connections to Success and Increasing Adoptions Act of 2008 (Public Law
    110-351; 122 Stat. 3975) and amended by section 206 of the Preventing
    Sex Trafficking and Strengthening Families Act (Public Law 113-183; 128
    Stat. 1919). <> In particular, the Comptroller General
    shall analyze the extent to which States are complying with the
    following requirements under section 473(a)(8)(D) of the Social Security
    Act:

    [[Page 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) <>  Report.--The Comptroller General
    of the United States shall submit to the Committee on Finance of the
    Senate, the Committee on Ways and Means of the House of Representatives,
    and the Secretary of Health and Human Services a report that contains
    the results of the study required by subsection (a), including
    recommendations to ensure compliance with laws referred to in subsection
    (a).

    TITLE VIII-- <> SUPPORTING SOCIAL IMPACT PARTNERSHIPS TO PAY FOR RESULTS
    SEC. 50801. <> SHORT TITLE.

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

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

    ``Subtitle C--Social Impact Demonstration Projects

    ``purposes

    ``Sec. 2051. <> The purposes of this
    subtitle are the following:
    ``(1) To improve the lives of families and individuals in
    need in the United States by funding social programs that
    achieve real results.
    ``(2) To redirect funds away from programs that, based on
    objective data, are ineffective, and into programs that achieve
    demonstrable, measurable results.
    ``(3) To ensure Federal funds are used effectively on social
    services to produce positive outcomes for both service
    recipients and taxpayers.
    ``(4) To establish the use of social impact partnerships to
    address some of our Nation's most pressing problems.

    [[Page 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. <>  (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 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 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 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.  <> (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) <> Agreement Authority.--

    [[Page 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) <> 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 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) <> The project eligibility criteria.
    ``(10) The evaluation design.
    ``(11) The metrics that will be used in the evaluation to
    determine whether the outcomes have been achieved as a result of
    each intervention and how these metrics will be measured.
    ``(12) <>  The estimate of the savings to
    the Federal, State, and local government, on a program-by-
    program basis and in the aggregate, if the agreement is entered
    into and implemented and the outcomes are achieved as a result
    of each intervention.

    ``(e) Authority to Transfer Administration of Agreement.--The
    Secretary may transfer to the head of another Federal agency the
    authority to administer (including making payments under) an agreement
    entered into under subsection (c), and any funds necessary to do so.
    ``(f) Requirement on Funding Used to Benefit Children.--Not less
    than 50 percent of all Federal payments made to carry out agreements
    under this section shall be used for initiatives that directly benefit
    children.

    ``feasibility study funding

    ``Sec. 2054.  <> (a) Requests for
    Funding for Feasibility Studies.--The Secretary shall reserve a portion
    of the amount made available to carry out this subtitle to assist States
    or local governments in developing feasibility studies to apply for
    social impact partnership funding under section 2052. To be eligible to
    receive funding to assist with completing a feasibility study, a State
    or local government shall submit an application for feasibility study
    funding addressing the following:
    ``(1) A description of the outcome goals of the social
    impact partnership project.
    ``(2) A description of the intervention, including
    anticipated program design, target population, an estimate
    regarding the number of individuals to be served, and setting
    for the intervention.
    ``(3) Evidence to support the likelihood that the
    intervention will produce the desired outcomes.
    ``(4) A description of the potential metrics to be used.
    ``(5) The expected social benefits to participants who
    receive the intervention and others who may be impacted.
    ``(6) <> Estimated costs to conduct
    the project.
    ``(7) <> Estimates of Federal, State, and
    local government savings and other savings if the project is
    implemented and the outcomes are achieved as a result of each
    intervention.
    ``(8) <> An estimated timeline for
    implementation and completion of the project, which shall not
    exceed 10 years.
    ``(9) With respect to a project for which the State or local
    government selects an intermediary to operate the project, any
    partnerships needed to successfully execute the project and the
    ability of the intermediary to foster the partnerships.
    ``(10) The expected resources needed to complete the
    feasibility study for the State or local government to apply for
    social impact partnership funding under section 2052.

    [[Page 276]]

    ``(b) Federal Selection of Applications for Feasibility Study.--
    <> Not later than 6 months after
    receiving an application for feasibility study funding under subsection
    (a), the Secretary, in consultation with the Federal Interagency Council
    on Social Impact Partnerships and the head of any Federal agency
    administering a similar intervention or serving a population similar to
    that served by the project, shall select State or local government
    feasibility study proposals for funding based on the following:
    ``(1) The recommendations made by the Commission on Social
    Impact Partnerships.
    ``(2) The likelihood that the proposal will achieve the
    desired outcomes.
    ``(3) The value of the outcomes expected to be achieved as a
    result of each intervention.
    ``(4) The potential savings to the Federal Government if the
    social impact partnership project is successful.
    ``(5) The potential savings to the State and local
    governments if the project is successful.

    ``(c) <>  Public Disclosure.--Not
    later than 30 days after selecting a State or local government for
    feasibility study funding under this section, the Secretary shall cause
    to be published on the website of the Federal Interagency Council on
    Social Impact Partnerships information explaining why a State or local
    government was granted feasibility study funding.

    ``(d) Funding Restriction.--
    ``(1) Feasibility study restriction.--The Secretary may not
    provide feasibility study funding under this section for more
    than 50 percent of the estimated total cost of the feasibility
    study reported in the State or local government application
    submitted under subsection (a).
    ``(2) Aggregate restriction.--Of the total amount made
    available to carry out this subtitle, the Secretary may not use
    more than $10,000,000 to provide feasibility study funding to
    States or local governments under this section.
    ``(3) No guarantee of funding.--The Secretary shall have the
    option to award no funding under this section.

    ``(e) <> Submission of Feasibility Study
    Required.--Not later than 9 months after the receipt of feasibility
    study funding under this section, a State or local government receiving
    the funding shall complete the feasibility study and submit the study to
    the Federal Interagency Council on Social Impact Partnerships.

    ``(f) Delegation of Authority.--The Secretary may transfer to the
    head of another Federal agency the authorities provided in this section
    and any funds necessary to exercise the authorities.

    ``evaluations

    ``Sec. 2055.  <> (a)
    Authority to Enter Into Agreements.--For each State or local government
    awarded a social impact partnership project approved by the Secretary
    under this subtitle, the head of the relevant agency, as recommended by
    the Federal Interagency Council on Social Impact Partnerships and
    determined by the Secretary, shall enter into an agreement with the
    State or local government to pay for all or part of the independent
    evaluation to determine whether the State or local government project
    has achieved a specific outcome as a result of the intervention in order
    for the State or local government to receive outcome payments under this
    subtitle.

    [[Page 277]]

    ``(b) <> Evaluator Qualifications.--The head
    of the relevant agency may not enter into an agreement with a State or
    local government unless the head determines that the evaluator is
    independent of the other parties to the agreement and has demonstrated
    substantial experience in conducting rigorous evaluations of program
    effectiveness including, where available and appropriate, well-
    implemented randomized controlled trials on the intervention or similar
    interventions.

    ``(c) <> Methodologies to Be
    Used.--The evaluation used to determine whether a State or local
    government will receive outcome payments under this subtitle shall use
    experimental designs using random assignment or other reliable,
    evidence-based research methodologies, as certified by the Federal
    Interagency Council on Social Impact Partnerships, that allow for the
    strongest possible causal inferences when random assignment is not
    feasible.

    ``(d) Progress Report.--
    ``(1) Submission of report.--The independent evaluator
    shall--
    ``(A) not later than 2 years after a project has
    been approved by the Secretary and biannually thereafter
    until the project is concluded, submit to the head of
    the relevant agency and the Federal Interagency Council
    on Social Impact Partnerships a written report
    summarizing the progress that has been made in achieving
    each outcome specified in the agreement; and
    ``(B) before the scheduled time of the first outcome
    payment and before the scheduled time of each subsequent
    payment, submit to the head of the relevant agency and
    the Federal Interagency Council on Social Impact
    Partnerships a written report that includes the results
    of the evaluation conducted to determine whether an
    outcome payment should be made along with information on
    the unique factors that contributed to achieving or
    failing to achieve the outcome, the challenges faced in
    attempting to achieve the outcome, and information on
    the improved future delivery of this or similar
    interventions.
    ``(2) Submission to the secretary and congress.--Not later
    than 30 days after receipt of the written report pursuant to
    paragraph (1)(B), the Federal Interagency Council on Social
    Impact Partnerships shall submit the report to the Secretary and
    each committee of jurisdiction in the House of Representatives
    and the Senate.

    ``(e) Final Report.--
    ``(1) Submission of report.--Within 6 months after the
    social impact partnership project is completed, the independent
    evaluator shall--
    ``(A) <>  evaluate the effects of
    the activities undertaken pursuant to the agreement with
    regard to each outcome specified in the agreement; and
    ``(B) submit to the head of the relevant agency and
    the Federal Interagency Council on Social Impact
    Partnerships a written report that includes the results
    of the evaluation and the conclusion of the evaluator as
    to whether the State or local government has fulfilled
    each obligation of the agreement, along with information
    on the unique factors that contributed to the success or
    failure of the project, the challenges faced in
    attempting to achieve

    [[Page 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.  <> (a) Establishment.--
    There is established the Federal Interagency Council on Social Impact
    Partnerships (in this section referred to as the `Council') to--
    ``(1) coordinate with the Secretary on the efforts of social
    impact partnership projects funded under this subtitle;
    ``(2) advise and assist the Secretary in the development and
    implementation of the projects;
    ``(3) advise the Secretary on specific programmatic and
    policy matter related to the projects;
    ``(4) provide subject-matter expertise to the Secretary with
    regard to the projects;
    ``(5) <> certify to the Secretary that
    each State or local government that has entered into an
    agreement with the Secretary for a social impact partnership
    project under this subtitle and each evaluator selected by the
    head of the relevant agency under section 2055 has access to
    Federal administrative data to assist the State or local
    government and the evaluator in evaluating the performance and
    outcomes of the project;
    ``(6) address issues that will influence the future of
    social impact partnership projects in the United States;
    ``(7) provide guidance to the executive branch on the future
    of social impact partnership projects in the United States;
    ``(8) <> prior to approval by the
    Secretary, certify that each State and local government
    application for a social impact partnership contains rigorous,
    independent data and reliable, evidence-based research
    methodologies to support the conclusion that the project will
    yield savings to the State or local government or the Federal
    Government if the project outcomes are achieved;
    ``(9) <> certify to the Secretary, in
    the case of each approved social impact partnership that is
    expected to yield savings to the Federal Government, that the
    project will yield a projected savings to the Federal Government
    if the project outcomes are achieved, and coordinate with the
    relevant Federal agency to produce an after-action accounting
    once the project is complete to determine the actual Federal
    savings realized, and the extent to which actual savings aligned
    with projected savings; and

    [[Page 279]]

    ``(10) <> provide
    periodic reports to the Secretary and make available reports
    periodically to Congress and the public on the implementation of
    this subtitle.

    ``(b) Composition of Council.--The Council shall have 11 members, as
    follows:
    ``(1) Chair.--The Chair of the Council shall be the Director
    of the Office of Management and Budget.
    ``(2) Other members.--The head of each of the following
    entities shall designate one officer or employee of the entity
    to be a Council member:
    ``(A) The Department of Labor.
    ``(B) The Department of Health and Human Services.
    ``(C) The Social Security Administration.
    ``(D) The Department of Agriculture.
    ``(E) The Department of Justice.
    ``(F) The Department of Housing and Urban
    Development.
    ``(G) The Department of Education.
    ``(H) The Department of Veterans Affairs.
    ``(I) The Department of the Treasury.
    ``(J) The Corporation for National and Community
    Service.

    ``commission on social impact partnerships

    ``Sec. 2057.  <> (a) Establishment.--
    There is established the Commission on Social Impact Partnerships (in
    this section referred to as the `Commission').

    ``(b) Duties.--The duties of the Commission shall be to--
    ``(1) assist the Secretary and the Federal Interagency
    Council on Social Impact Partnerships in reviewing applications
    for funding under this subtitle;
    ``(2) <> make recommendations to
    the Secretary and the Federal Interagency Council on Social
    Impact Partnerships regarding the funding of social impact
    partnership agreements and feasibility studies; and
    ``(3) provide other assistance and information as requested
    by the Secretary or the Federal Interagency Council on Social
    Impact Partnerships.

    ``(c) Composition.--The Commission shall be composed of nine
    members, of whom--
    ``(1) one shall be appointed by the President, who will
    serve as the Chair of the Commission;
    ``(2) one shall be appointed by the Majority Leader of the
    Senate;
    ``(3) one shall be appointed by the Minority Leader of the
    Senate;
    ``(4) one shall be appointed by the Speaker of the House of
    Representatives;
    ``(5) one shall be appointed by the Minority Leader of the
    House of Representatives;
    ``(6) one shall be appointed by the Chairman of the
    Committee on Finance of the Senate;
    ``(7) one shall be appointed by the ranking member of the
    Committee on Finance of the Senate;
    ``(8) one member shall be appointed by the Chairman of the
    Committee on Ways and Means of the House of Representatives; and

    [[Page 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) <> Timing of Appointments.--The appointments
    of the members of the Commission shall be made not later than 120 days
    after the date of the enactment of this subtitle, or, in the event of a
    vacancy, not later than 90 days after the date the vacancy
    arises. <> If a member of Congress fails to appoint a
    member by that date, the President may select a member of the
    President's choice on behalf of the member of Congress. Notwithstanding
    the preceding sentence, if not all appointments have been made to the
    Commission as of that date, the Commission may operate with no fewer
    than five members until all appointments have been made.

    ``(f) Term of Appointments.--
    ``(1) In general.--The members appointed under subsection
    (c) shall serve as follows:
    ``(A) Three members shall serve for 2 years.
    ``(B) Three members shall serve for 3 years.
    ``(C) <> Three members (one of
    which shall be Chair of the Commission appointed by the
    President) shall serve for 4 years.
    ``(2) Assignment of terms.--The Commission shall designate
    the term length that each member appointed under subsection (c)
    shall serve by unanimous agreement. In the event that unanimous
    agreement cannot be reached, term lengths shall be assigned to
    the members by a random process.

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

    ``limitation on use of funds

    ``Sec. 2058. <> Of the amounts made
    available to carry out this subtitle, the Secretary may not use more
    than $2,000,000 in any fiscal year to support the review, approval, and
    oversight of social impact partnership projects, including activities
    conducted by--
    ``(1) the Federal Interagency Council on Social Impact
    Partnerships; and

    [[Page 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. <> No amount made available
    to carry out this subtitle may be used to provide any insurance,
    guarantee, or other credit enhancement to a State or local government
    under which a Federal payment would be made to a State or local
    government as the result of a State or local government failing to
    achieve an outcome specified in an agreement.

    ``availability of funds

    ``Sec. 2060. <> Amounts made available to carry out this subtitle shall remain
    available until 10 years after the date of the enactment of this
    subtitle.

    ``website

    ``Sec. 2061. The Federal <>
    Interagency Council on Social Impact Partnerships shall establish and
    maintain a public website that shall display the following:
    ``(1) <> A copy of, or method of accessing,
    each notice published regarding a social impact partnership
    project pursuant to this subtitle.
    ``(2) A copy of each feasibility study funded under this
    subtitle.
    ``(3) For each State or local government that has entered
    into an agreement with the Secretary for a social impact
    partnership project, the website shall contain the following
    information:
    ``(A) The outcome goals of the project.
    ``(B) A description of each intervention in the
    project.
    ``(C) The target population that will be served by
    the project.
    ``(D) The expected social benefits to participants
    who receive the intervention and others who may be
    impacted.
    ``(E) The detailed roles, responsibilities, and
    purposes of each Federal, State, or local government
    entity, intermediary, service provider, independent
    evaluator, investor, or other stakeholder.
    ``(F) The payment terms, methodology used to
    calculate outcome payments, the payment schedule, and
    performance thresholds.
    ``(G) The project budget.
    ``(H) The project timeline.
    ``(I) The project eligibility criteria.
    ``(J) The evaluation design.
    ``(K) The metrics used to determine whether the
    proposed outcomes have been achieved and how these
    metrics are measured.
    ``(4) A copy of the progress reports and the final reports
    relating to each social impact partnership project.
    ``(5) <>  An estimate of the savings to the
    Federal, State, and local government, on a program-by-program
    basis and in the

    [[Page 282]]

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

    ``regulations

    ``Sec. 2062. <> The
    Secretary, in consultation with the Federal Interagency Council on
    Social Impact Partnerships, may issue regulations as necessary to carry
    out this subtitle.

    ``definitions

    ``Sec. 2063. <> In this subtitle:
    ``(1) Agency.--The term `agency' has the meaning given that
    term in section 551 of title 5, United States Code.
    ``(2) Intervention.--The term `intervention' means a
    specific service delivered to achieve an impact through a social
    impact partnership project.
    ``(3) Secretary.--The term `Secretary' means the Secretary
    of the Treasury.
    ``(4) Social impact partnership project.--The term `social
    impact partnership project' means a project that finances social
    services using a social impact partnership model.
    ``(5) Social impact partnership model.--The term `social
    impact partnership model' means a method of financing social
    services in which--
    ``(A) Federal funds are awarded to a State or local
    government only if a State or local government achieves
    certain outcomes agreed on by the State or local
    government and the Secretary; and
    ``(B) the State or local government coordinates with
    service providers, investors (if applicable to the
    project), and (if necessary) an intermediary to
    identify--
    ``(i) an intervention expected to produce the
    outcome;
    ``(ii) a service provider to deliver the
    intervention to the target population; and
    ``(iii) investors to fund the delivery of the
    intervention.
    ``(6) State.--The term `State' means each State of the
    United States, the District of Columbia, each commonwealth,
    territory or possession of the United States, and each federally
    recognized Indian tribe.

    ``funding

    ``Sec. 2064. <> Out of any money in the
    Treasury of the United States not otherwise appropriated, there is
    hereby appropriated $100,000,000 for fiscal year 2018 to carry out this
    subtitle.''.

    TITLE IX--PUBLIC HEALTH PROGRAMS

    SEC. 50901. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE NATIONAL
    HEALTH SERVICE CORPS, AND TEACHING
    HEALTH CENTERS THAT OPERATE GME
    PROGRAMS.

    (a) Community Health Centers Funding.--Section 10503(b)(1)(F) of the
    Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)),
    as amended by section 3101 of Public Law 115-96, is amended to read as
    follows:

    [[Page 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) <> by adding at the end the following: ``The
    Secretary shall not make a grant under this
    paragraph

    [[Page 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) <> . 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 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 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 <>  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 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.-- <> 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 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 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) <> Payments for
    previous fiscal years.--The provisions of section 340H of the
    Public Health Service Act (42 U.S.C. 256h), as in effect on the
    day before the date of enactment of Public Law 115-96, shall
    continue to apply with respect to payments under such section
    for fiscal years before fiscal year 2018.

    (e) Application.--Amounts appropriated pursuant to this section for
    fiscal year 2018 or 2019 are subject to the requirements contained in
    Public Law 115-31 for funds for programs authorized under sections 330
    through 340 of the Public Health Service Act (42 U.S.C. 254b-256).
    (f) Conforming Amendments.--Paragraph (4) of section 3014(h) of
    title 18, United States Code, as amended by section 3101 of Public Law
    115-96, is amended by striking ``and section 3101(d) of the CHIP and
    Public Health Funding Extension Act'' and inserting ``and section
    50901(e) of the Advancing Chronic Care, Extenders, and Social Services
    Act''.
    SEC. 50902. EXTENSION FOR SPECIAL DIABETES PROGRAMS.

    (a) Special Diabetes Program for Type I Diabetes.--Section
    330B(b)(2)(D) of the Public Health Service Act (42 U.S.C. 254c-
    2(b)(2)(D)), as amended by section 3102 of Public Law 115-96, is amended
    to read as follows:
    ``(D) $150,000,000 for each of fiscal years 2018 and
    2019, to remain available until expended.''.

    (b) Special Diabetes Program for Indians.--Subparagraph (D) of
    section 330C(c)(2) of the Public Health Service Act (42 U.S.C. 254c-
    3(c)(2)), as amended by section 3102 of Public Law 115-96, is amended to
    read as follows:
    ``(D) $150,000,000 for each of fiscal years 2018 and
    2019, to remain available until expended.''.

    TITLE X--MISCELLANEOUS HEALTH CARE POLICIES

    SEC. 51001. <> HOME HEALTH PAYMENT REFORM.

    (a) Budget Neutral Transition to a 30-day Unit of Payment for Home
    Health Services.--Section 1895(b) of the Social Security Act (42 U.S.C.
    1395fff(b)) is amended--

    [[Page 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 <> previous sentence
    shall be applied before (and not affect the
    application of) paragraph (3)(B). In calculating
    such amount (or amounts), the Secretary shall make
    assumptions about behavior changes that could
    occur as a result of the implementation of
    paragraph (2)(B) and the case-mix adjustment
    factors established under paragraph (4)(B) and
    shall provide a description of such assumptions in
    the notice and comment rulemaking used to
    implement this clause.''; and
    (B) by adding at the end the following new
    subparagraph:
    ``(D) <> Behavior
    assumptions and adjustments.--
    ``(i) <> In
    general.--The Secretary shall annually determine
    the impact of differences between assumed behavior
    changes (as described in paragraph (3)(A)(iv)) and
    actual behavior changes on estimated aggregate
    expenditures under this subsection with respect to
    years beginning with 2020 and ending with 2026.
    ``(ii) Permanent adjustments.--The Secretary
    shall, at a time and in a manner determined
    appropriate, through notice and comment
    rulemaking, provide for one or more permanent
    increases or decreases to the standard prospective
    payment amount (or amounts) for applicable years,
    on a prospective basis, to offset for such
    increases or decreases in estimated aggregate
    expenditures (as determined under clause (i)).

    [[Page 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)). <> Such a
    temporary increase or decrease shall apply only
    with respect to the year for which such temporary
    increase or decrease is made, and the Secretary
    shall not take into account such a temporary
    increase or decrease in computing such amount
    under this subsection for a subsequent year.'';
    and
    (3) in paragraph (4)(B)--
    (A) by striking ``Factors.--The Secretary'' and
    inserting ``Factors.--
    ``(i) In general.--The Secretary''; and
    (B) by adding at the end the following new clause:
    ``(ii) Treatment of therapy thresholds.--For
    2020 and subsequent years, the Secretary shall
    eliminate the use of therapy thresholds
    (established by the Secretary) in case mix
    adjustment factors established under clause (i)
    for calculating payments under the prospective
    payment system under this subsection.''.

    (b) Technical Expert Panel.--
    (1) <> In general.--During the
    period beginning on January 1, 2018, and ending on December 31,
    2018, the Secretary of Health and Human Services shall hold at
    least one session of a technical expert panel, the participants
    of which shall include home health providers, patient
    representatives, and other relevant stakeholders. The technical
    expert panel shall identify and prioritize recommendations with
    respect to the prospective payment system for home health
    services under section 1895(b) of the Social Security Act (42
    U.S.C. 1395fff(b)), on the following:
    (A) The Home Health Groupings Model, as described in
    the proposed rule ``Medicare and Medicaid Programs; CY
    2018 Home Health Prospective Payment System Rate Update
    and Proposed CY 2019 Case-Mix Adjustment Methodology
    Refinements; Home Health Value-Based Purchasing Model;
    and Home Health Quality Reporting Requirements'' (82
    Fed. Reg. 35294 through 35332 (July 28, 2017)).
    (B) Alternative case-mix models to the Home Health
    Groupings Model that were submitted during 2017 as
    comments in response to proposed rule making, including
    patient-focused factors that consider the risks of
    hospitalization and readmission to a hospital,
    improvement or maintenance of functionality of
    individuals to increase the capacity for self-care,
    quality of care, and resource utilization.
    (2) Inapplicability of faca.--The provisions of the Federal
    Advisory Committee Act (5 U.S.C. App.) shall not apply to the
    technical expert panel under paragraph (1).

    [[Page 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) <> Notice and comment rulemaking.--Not
    later than December 31, 2019, the Secretary of Health and Human
    Services shall pursue notice and comment rulemaking on a case-
    mix system with respect to the prospective payment system for
    home health services under section 1895(b) of the Social
    Security Act (42 U.S.C. 1395fff(b)).

    (c) Reports.--
    (1) Interim report.--Not later than March 15, 2022, the
    Medicare Payment Advisory Commission shall submit to Congress an
    interim report on the application of a 30-day unit of service as
    the unit of service applied under section 1895(b)(2) of the
    Social Security Act (42 U.S.C. 1395fff(b)(2)), as amended by
    subsection (a), including an analysis of the level of payments
    provided to home health agencies as compared to the cost of
    delivering home health services, and any unintended
    consequences, including with respect to behavioral changes and
    quality.
    (2) Final report.--Not later than March 15, 2026, such
    Commission shall submit to Congress a final report on such
    application and any such consequences.
    SEC. 51002. <> INFORMATION TO SATISFY
    DOCUMENTATION OF MEDICARE ELIGIBILITY
    FOR HOME HEALTH SERVICES.

    (a) Part A.--Section 1814(a) of the Social Security Act (42 U.S.C.
    1395f(a)) is amended by inserting before ``For purposes of paragraph
    (2)(C),'' the following new sentence: ``For purposes of documentation
    for physician certification and recertification made under paragraph (2)
    on or after January 1, 2019, and made with respect to home health
    services furnished by a home health agency, in addition to using
    documentation in the medical record of the physician who so certifies or
    the medical record of the acute or post-acute care facility (in the case
    that home health services were furnished to an individual who was
    directly admitted to the home health agency from such a facility), the
    Secretary may use documentation in the medical record of the home health
    agency as supporting material, as appropriate to the case involved.''.
    (b) Part B.--Section 1835(a) of the Social Security Act (42 U.S.C.
    1395n(a)) is amended by inserting before ``For purposes of paragraph
    (2)(A),'' the following new sentence: ``For purposes of documentation
    for physician certification and recertification made under paragraph (2)
    on or after January 1, 2019, and made with respect to home health
    services furnished by a home health agency, in addition to using
    documentation in the medical record of the physician who so certifies or
    the medical record of the acute or post-acute care facility (in the case
    that home health services were furnished to an individual who was
    directly admitted to the home health agency from such a facility), the
    Secretary may use documentation in the medical record of the home health
    agency as supporting material, as appropriate to the case involved.''.

    [[Page 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) <> The
    minimum number (as determined by the
    Secretary) of--
    ``(aa) for performance
    periods beginning before January
    1, 2018, individuals enrolled
    under this part who are treated
    by the eligible professional for
    the performance period involved;
    and
    ``(bb) for performance
    periods beginning on or after
    January 1, 2018, individuals
    enrolled under this part who are
    furnished covered professional
    services (as defined in
    subsection (k)(3)(A)) by the
    eligible professional for the
    performance period involved.'';
    (II) in subclause (II), by striking
    ``items and services'' and inserting
    ``covered professional services (as
    defined in subsection (k)(3)(A))''; and
    (III) by amending subclause (III) to
    read as follows:
    ``(III) <> The
    minimum amount (as determined by the
    Secretary) of--
    ``(aa) for performance
    periods beginning before January
    1, 2018, allowed charges billed
    by such professional under this
    part for such performance
    period; and
    ``(bb) for performance
    periods beginning on or after
    January 1, 2018, allowed charges
    for covered professional
    services (as defined in
    subsection (k)(3)(A)) billed by
    such professional for such
    performance period.'';
    (B) in paragraph (5)(D)--
    (i) in clause (i)(I), by inserting ``subject
    to clause (iii),'' after ``clauses (i) and (ii) of
    paragraph (2)(A),''; and
    (ii) by adding at the end the following new
    clause:
    ``(iii) Transition years.--For each of the
    second, third, fourth, and fifth years for which
    the MIPS applies to payments, the performance
    score for the performance category described in
    paragraph (2)(A)(ii) shall not take into account
    the improvement of the professional involved.'';
    (C) in paragraph (5)(E)--
    (i) in clause (i)(I)(bb)--
    (I) in the heading by striking
    ``First 2 years'' and inserting ``First
    5 years''; and
    (II) by striking ``the first and
    second years'' and inserting ``each of
    the first through fifth years'';

    [[Page 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) <> .
    Nothing in the previous sentence shall
    be construed, with respect to a
    performance period for a year described
    in the previous sentence, as preventing
    the Secretary from basing 30 percent of
    such score for such year with respect to
    the category described in such clause
    (ii), if the Secretary determines, based
    on information posted under subsection
    (r)(2)(I) that sufficient resource use
    measures are ready for adoption for use
    under the performance category under
    paragraph (2)(A)(ii) for such
    performance period.'';
    (D) in paragraph (6)(D)--
    (i) in clause (i), in the second sentence, by
    striking ``Such performance threshold'' and
    inserting ``Subject to clauses (iii) and (iv),
    such performance threshold'';
    (ii) in clause (ii)--
    (I) in the first sentence, by
    inserting ``(beginning with 2019 and
    ending with 2024)'' after ``for each
    year of the MIPS''; and
    (II) in the second sentence, by
    inserting ``subject to clause (iii),''
    after ``For each such year,'';
    (iii) in clause (iii)--
    (I) in the heading, by striking
    ``2'' and inserting ``5''; and
    (II) in the first sentence, by
    striking ``two years'' and inserting
    ``five years''; and
    (iv) by adding at the end the following new
    clause:
    ``(iv) Additional special rule for third,
    fourth and fifth years of mips.--
    <> For purposes of
    determining MIPS adjustment factors under
    subparagraph (A), in addition to the requirements
    specified in clause (iii), the Secretary shall
    increase the performance threshold with respect to
    each of the third, fourth, and fifth years to
    which the MIPS applies to ensure a gradual and
    incremental transition to the performance
    threshold described in clause (i) (as estimated by
    the Secretary) with respect to the sixth year to
    which the MIPS applies.'';
    (E) in paragraph (6)(E)--
    (i) by striking ``In the case of items and
    services'' and inserting ``In the case of covered
    professional services (as defined in subsection
    (k)(3)(A))''; and
    (ii) by striking ``under this part with
    respect to such items and services'' and inserting
    ``under this part with respect to such covered
    professional services''; and

    [[Page 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) <> Information.--The Secretary shall, not later
    than December 31st of each year (beginning with 2018),
    post on the Internet website of the Centers for Medicare
    & Medicaid Services information on resource use measures
    in use under subsection (q), resource use measures under
    development and the time-frame for such development,
    potential future resource use measure topics, a
    description of stakeholder engagement, and the percent
    of expenditures under part A and this part that are
    covered by resource use measures.''; and
    (3) in subsection (s)(5)(B), by striking ``section
    1833(z)(2)(C)'' and inserting ``section 1833(z)(3)(D)''.

    (b) Physician-focused Payment Model Technical Advisory Committee
    Provision of Initial Proposal Feedback.--Section 1868(c)(2)(C) of the
    Social Security Act (42 U.S.C. 1395ee(c)(2)(C)) is amended to read as
    follows:
    ``(C) Committee review of models submitted.--The
    Committee, on a periodic basis--
    ``(i) shall review models submitted under
    subparagraph (B);
    ``(ii) may provide individuals and stakeholder
    entities who submitted such models with--
    ``(I) initial feedback on such
    models regarding the extent to which
    such models meet the criteria described
    in subparagraph (A); and
    ``(II) an explanation of the basis
    for the feedback provided under
    subclause (I); and
    ``(iii) <> shall
    prepare comments and recommendations regarding
    whether such models meet the criteria described in
    subparagraph (A) and submit such comments and
    recommendations to the Secretary.''.
    SEC. 51004. EXPANDED ACCESS TO MEDICARE INTENSIVE CARDIAC
    REHABILITATION PROGRAMS.

    Section 1861(eee)(4)(B) of the Social Security Act (42 U.S.C.
    1395x(eee)(4)(B)) is amended--
    (1) in clause (v), by striking ``or'' at the end;
    (2) in clause (vi), by striking the period at the end and
    inserting a semicolon; and
    (3) by adding at the end the following new clauses:
    ``(vii) stable, chronic heart failure (defined as
    patients with left ventricular ejection fraction of 35
    percent or less and New York Heart Association (NYHA)
    class II to IV symptoms despite being on optimal heart
    failure therapy for at least 6 weeks); or
    ``(viii) <> any additional
    condition for which the Secretary has determined that a
    cardiac rehabilitation program shall be covered, unless
    the Secretary determines, using the same process used to
    determine that the condition is covered for a cardiac
    rehabilitation program, that such coverage is not
    supported by the clinical evidence.''.

    [[Page 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) <> Effective Date.--The
    amendments made by this section shall apply to items and services
    furnished on or after January 1, 2019.
    SEC. 51007. EXTENSION OF ENFORCEMENT INSTRUCTION ON SUPERVISION
    REQUIREMENTS FOR OUTPATIENT
    THERAPEUTIC SERVICES IN CRITICAL
    ACCESS AND SMALL RURAL HOSPITALS
    THROUGH 2017.

    Section 1 of Public Law 113-198, as amended by section 1 of Public
    Law 114-112 and section 16004(a) of the 21st Century Cures Act (Public
    Law 114-255), <>  is amended--
    (1) in the section heading, by striking ``2016'' and
    inserting ``2017''; and
    (2) by striking ``and 2016'' and inserting ``2016, and
    2017''.

    [[Page 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) <> 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 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) <>  is repealed.
    (5) Rule of construction.--Section 10320(c) of the Patient
    Protection and Affordable Care Act (Public Law 111-148) is
    repealed.

    TITLE XII--OFFSETS

    SEC. 53101. MODIFYING REDUCTIONS IN MEDICAID DSH ALLOTMENTS.

    Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r-
    4(f)(7)(A)) is amended--
    (1) in clause (i), in the matter preceding subclause (I), by
    striking ``2018'' and inserting ``2020''; and
    (2) in clause (ii), by striking subclauses (I) through
    (VIII) and inserting the following:
    ``(I) $4,000,000,000 for fiscal year
    2020; and
    ``(II) $8,000,000,000 for each of
    fiscal years 2021 through 2025.''.
    SEC. 53102. THIRD PARTY LIABILITY IN MEDICAID AND CHIP.

    (a) Modification of Third Party Liability Rules Related to Special
    Treatment of Certain Types of Care and Payments.--
    (1) In general.--Section 1902(a)(25)(E) of the Social
    Security Act (42 U.S.C. 1396a(a)(25)(E)) is amended, in the
    matter preceding clause (i), by striking ``prenatal or''.
    (2) <>  Effective date.--The
    amendment made by paragraph (1) shall take effect on the date of
    enactment of this Act.

    (b) Delay in Effective Date and Repeal of Certain Bipartisan Budget
    Act of 2013 Amendments.--
    (1) <>  Repeal.--Effective as of
    September 30, 2017, subsection (b) of section 202 of the
    Bipartisan Budget Act of 2013 (Public Law 113-67; 127 Stat.
    1177; 42 U.S.C. 1396a note) (including

    [[Page 299]]

    any amendments made by such subsection) <>  is repealed and the provisions amended by
    such subsection shall be applied and administered as if such
    amendments had never been enacted.
    (2) Delay in effective date.--Subsection (c) of section 202
    of the Bipartisan Budget Act of 2013 (Public Law 113-67; 127
    Stat. 1177; 42 U.S.C. 1396a note) is amended to read as follows:

    ``(c) <> Effective Date.--The amendments
    made by subsection (a) shall take effect on October 1, 2019.''.
    (3) <> Effective date; treatment.--The
    repeal and amendment made by this subsection shall take effect
    as if enacted on September 30, 2017, and shall apply with
    respect to any open claims, including claims pending, generated,
    or filed, after such date. The amendments made by subsections
    (a) and (b) of section 202 of the Bipartisan Budget Act of 2013
    (Public Law 113-67; 127 Stat. 1177; 42 U.S.C. 1396a note) that
    took effect on October 1, 2017, are null and void and section
    1902(a)(25) of the Social Security Act (42 U.S.C. 1396a(a)(25))
    shall be applied and administered as if such amendments had not
    taken effect on such date.

    (c) GAO Study and Report.--Not later than 18 months after the date
    of enactment of this Act, the Comptroller General of the United States
    shall submit a report to the Committee on Energy and Commerce of the
    House of Representatives and the Committee on Finance of the Senate on
    the impacts of the amendments made by subsections (a)(1) and (b)(2),
    including--
    (1) the impact, or potential effect, of such amendments on
    access to prenatal and preventive pediatric care (including
    early and periodic screening, diagnostic, and treatment
    services) covered under State plans under such title (or waivers
    of such plans);
    (2) the impact, or potential effect, of such amendments on
    access to services covered under such plans or waivers for
    individuals on whose behalf child support enforcement is being
    carried out by a State agency under part D of title IV of such
    Act; and
    (3) the impact, or potential effect, on providers of
    services under such plans or waivers of delays in payment or
    related issues that result from such amendments.

    (d) Application to CHIP.--
    (1) In general.--Section 2107(e)(1) of the Social Security
    Act (42 U.S.C. 1397gg(e)(1)) is amended--
    (A) by redesignating subparagraphs (B) through (R)
    as subparagraphs (C) through (S), respectively; and
    (B) by inserting after subparagraph (A) the
    following new subparagraph:
    ``(B) Section 1902(a)(25) (relating to third party
    liability).''.
    (2) Mandatory reporting.--Section 1902(a)(25)(I)(i) of the
    Social Security Act (42 U.S.C. 1396a(a)(25)(I)(i)) is amended--
    (A) by striking ``medical assistance under the State
    plan'' and inserting ``medical assistance under a State
    plan (or under a waiver of the plan)'';
    (B) by striking ``(and, at State option, child'' and
    inserting ``and child''; and
    (C) by striking ``title XXI)'' and inserting ``title
    XXI''.

    [[Page 300]]

    SEC. 53103. <> TREATMENT OF LOTTERY
    WINNINGS AND OTHER LUMP-SUM INCOME FOR
    PURPOSES OF INCOME ELIGIBILITY UNDER
    MEDICAID.

    (a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
    1396a) is amended--
    (1) in subsection (a)(17), by striking ``(e)(14), (e)(14)''
    and inserting ``(e)(14), (e)(15)''; and
    (2) in subsection (e)(14), by adding at the end the
    following new subparagraph:
    ``(K) Treatment of certain lottery winnings and
    income received as a lump sum.--
    ``(i) <> In general.--In the case of an
    individual who is the recipient of qualified
    lottery winnings (pursuant to lotteries occurring
    on or after January 1, 2018) or qualified lump sum
    income (received on or after such date) and whose
    eligibility for medical assistance is determined
    based on the application of modified adjusted
    gross income under subparagraph (A), a State
    shall, in determining such eligibility, include
    such winnings or income (as applicable) as income
    received--
    ``(I) in the month in which such
    winnings or income (as applicable) is
    received if the amount of such winnings
    or income is less than $80,000;
    ``(II) over a period of 2 months if
    the amount of such winnings or income
    (as applicable) is greater than or equal
    to $80,000 but less than $90,000;
    ``(III) over a period of 3 months if
    the amount of such winnings or income
    (as applicable) is greater than or equal
    to $90,000 but less than $100,000; and
    ``(IV) over a period of 3 months
    plus 1 additional month for each
    increment of $10,000 of such winnings or
    income (as applicable) received, not to
    exceed a period of 120 months (for
    winnings or income of $1,260,000 or
    more), if the amount of such winnings or
    income is greater than or equal to
    $100,000.
    ``(ii) <>  Counting in
    equal installments.--For purposes of subclauses
    (II), (III), and (IV) of clause (i), winnings or
    income to which such subclause applies shall be
    counted in equal monthly installments over the
    period of months specified under such subclause.
    ``(iii) <> Hardship
    exemption.--An individual whose income, by
    application of clause (i), exceeds the applicable
    eligibility threshold established by the State,
    shall continue to be eligible for medical
    assistance to the extent that the State
    determines, under procedures established by the
    State (in accordance with standards specified by
    the Secretary), that the denial of eligibility of
    the individual would cause an undue medical or
    financial hardship as determined on the basis of
    criteria established by the Secretary.
    ``(iv) Notifications and assistance required
    in case of loss of eligibility.--A State shall,
    with respect to an individual who loses
    eligibility for medical

    [[Page 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) <> 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 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) <>  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 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) <> In general.--In the case of an
    outpatient physical therapy service or outpatient occupational
    therapy service furnished on or after January 1, 2022, for which
    payment is made under section 1848 or subsection (k), that is
    furnished in whole or in part by a therapy assistant (as defined
    by the Secretary), the amount of payment for such service shall
    be an amount equal to 85 percent of the amount of payment
    otherwise applicable for the service under this part. Nothing in
    the preceding sentence shall be construed to change applicable
    requirements with respect to such services.
    ``(2) Use of modifier.--

    ``(A) <>  <>
    Establishment.--Not later than January 1, 2019, the
    Secretary shall establish a modifier to indicate (in a
    form and manner specified by the Secretary), in the case
    of an outpatient physical therapy service or outpatient
    occupational therapy service furnished in whole or in
    part by a therapy assistant (as so defined), that the
    service was furnished by a therapy assistant.
    ``(B) Required use.--Each request for payment, or
    bill submitted, for an outpatient physical therapy
    service or outpatient occupational therapy service
    furnished in whole or in part by a therapy assistant (as
    so defined) on or after January 1, 2020, shall include
    the modifier established under subparagraph (A) for each
    such service.
    ``(3) <>  Implementation.--The
    Secretary shall implement this subsection through notice and
    comment rulemaking.''.
    SEC. 53108. REDUCTION FOR NON-EMERGENCY ESRD AMBULANCE TRANSPORTS.

    Section 1834(l)(15) of the Social Security Act (42. U.S.C.
    1395m(l)(15)) is amended by striking ``on or after October 1, 2013'' and
    inserting ``during the period beginning on October 1, 2013, and ending
    on September 30, 2018, and by 23 percent for such services furnished on
    or after October 1, 2018''.
    SEC. 53109. HOSPITAL TRANSFER POLICY FOR EARLY DISCHARGES TO
    HOSPICE CARE.

    (a) In General.--Section 1886(d)(5)(J) of the Social Security Act
    (42 U.S.C. 1395ww(d)(5)(J)) is amended--
    (1) in clause (ii)--
    (A) in subclause (III), by striking ``or'' at the
    end;

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

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

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

    [[Page 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: <>  ``except,
    with respect to the dollar amounts applied in the last row of the table
    under subclause (III) of such clause (and the second dollar amount
    specified in the second to last row of such table), clause (i) shall be
    applied by substituting dollar amounts which are 150 percent of such
    dollar amounts for the calendar year''.

    (c) Inflation Adjustment.--Section 1839(i)(5) of the Social Security
    Act (42 U.S.C. 1395r(i)(5)) is amended--
    (1) in subparagraph (A), by striking ``In the case'' and
    inserting ``Subject to subparagraph (C), in the case'';
    (2) in subparagraph (B), by striking ``subparagraph (A)''
    and inserting ``subparagraph (A) or (C)''; and
    (3) by adding at the end the following new subparagraph:
    ``(C) Treatment of adjustments for certain higher
    income individuals.--
    ``(i) In general.--Subparagraph (A) shall not
    apply with respect to each dollar amount in
    paragraph (3) of $500,000.
    ``(ii) <> Adjustment
    beginning 2028.--In the case of any calendar year
    beginning after 2027, each dollar amount in
    paragraph (3) of $500,000 shall be increased by an
    amount equal to--
    ``(I) such dollar amount, multiplied
    by
    ``(II) the percentage (if any) by
    which the average of the Consumer Price
    Index for all urban consumers (United
    States city average) for the 12-month
    period ending with August of the
    preceding calendar year exceeds such
    average for the 12-month period ending
    with August 2026.''.
    SEC. 53115. MEDICARE IMPROVEMENT FUND.

    Section 1898(b)(1) of the Social Security Act (42 U.S.C.
    1395iii(b)(1)) is amended by striking ``$220,000,000'' and inserting
    ``$0''.
    SEC. 53116. CLOSING THE DONUT HOLE FOR SENIORS.

    (a) Closing Donut Hole Sooner.--Section 1860D-2(b)(2)(D) of the
    Social Security Act (42 U.S.C. 1395w-102(b)(2)(D))--
    (1) in clause (i), by amending subclause (I) to read as
    follows:
    ``(I) equal to the difference
    between--

    [[Page 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) <>  Effective Date.--
    (1) <> In general.--The amendments
    made by subsection (a) shall take effect on the 1st day of the
    1st fiscal year that begins on or after the date of the
    enactment of this Act, and shall apply to payments under part D
    of title IV of the Social Security Act (42 U.S.C. 651 et seq.)
    for calendar quarters beginning on or after such 1st day.
    (2) <> Delay permitted if state
    legislation required.--If the Secretary of Health and Human
    Services determines that State legislation (other than
    legislation appropriating funds) is required in order for a
    State plan developed pursuant to part D of title IV of the
    Social Security Act (42 U.S.C. 651 et seq.) to meet the
    requirements imposed by the amendment made by subsection (a),
    the plan shall not be regarded as failing to meet such
    requirements before the 1st day of the 1st calendar quarter
    beginning after the first regular session of the State
    legislature that begins after the date of the enactment of this
    Act. <>  For purposes of the preceding
    sentence, if the State has a 2-year legislative session, each
    year of the session is deemed to be a separate regular session
    of the State legislature.
    SEC. 53118. INCREASING EFFICIENCY OF PRISON DATA REPORTING.

    (a) In General.--Section 1611(e)(1)(I)(i)(II) of the Social Security
    Act (42 U.S.C. 1382(e)(1)(I)(i)(II)) is amended by striking ``30 days''
    each place it appears and inserting ``15 days''.
    (b) <> Effective Date.--The
    amendments made by subsection (a) shall apply with respect to any
    payment made by the Commissioner of Social Security pursuant to section
    1611(e)(1)(I)(i)(II) of the Social Security Act (42 U.S.C.
    1382(e)(1)(I)(i)(II)) (as amended by such subsection) on or after the
    date that is 6 months after the date of enactment of this Act.

    [[Page 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-- <> IMPROVEMENTS TO AGRICULTURE PROGRAMS

    Sec. 60101. (a) Treatment of Seed Cotton.--
    (1) Designation of seed cotton as a covered commodity.--
    Section 1111(6) of the Agricultural Act of 2014 (7 U.S.C.
    9011(6)) is amended--
    (A) by striking ``The term'' and inserting the
    following:
    ``(A) In general.--The term''; and
    (B) by adding at the end the following:
    ``(B) <>  Inclusion.--
    Effective beginning with the 2018 crop year, the term
    `covered commodity' includes seed cotton.''.
    (2) Reference price for seed cotton.--Section 1111(18) of
    the Agricultural Act of 2014 (7 U.S.C. 9011(18)) is amended by
    adding at the end the following:
    ``(O) For seed cotton, $0.367 per pound.''.
    (3) Definition of seed cotton.--Section 1111 of the
    Agricultural Act of 2014 (7 U.S.C. 9011) is amended--
    (A) by redesignating paragraphs (20) through (24) as
    paragraphs (21) through (25), respectively; and
    (B) by inserting after paragraph (19) the following:
    ``(20) Seed cotton.--The term `seed cotton' means unginned
    upland cotton that includes both lint and seed.''.
    (4) Payment yield.--Section 1113 of the Agricultural Act of
    2014 (7 U.S.C. 9013) is amended by adding at the end the
    following:

    ``(e) Payment Yield for Seed Cotton.--
    ``(1) Payment yield.--Subject to paragraph (2), the payment
    yield for seed cotton for a farm shall be equal to 2.4 times the
    payment yield for upland cotton for the farm established under
    section 1104(e)(3) of the Food, Conservation, and Energy Act of
    2008 (7 U.S.C. 8714(e)(3)) (as in effect on September 30, 2013).
    ``(2) Update.--At the sole discretion of the owner of a farm
    with a yield for upland cotton described in paragraph (1), the
    owner of the farm shall have a 1-time opportunity to update the
    payment yield for upland cotton for the farm, as provided in
    subsection (d), for the purpose of calculating the payment yield
    for seed cotton under paragraph (1).''.
    (5) Payment acres.--Section 1114(b) of the Agricultural Act
    of 2014 (7 U.S.C. 9014(b)) is amended by adding at the end the
    following:

    [[Page 309]]

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

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

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

    [[Page 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) <>  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 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) <>  Administration.--The
    Secretary of Agriculture shall carry out the amendments made by
    this subsection in accordance with section 1601 of the
    Agricultural Act of 2014 (7 U.S.C. 9091).
    (13) <> Application.--Except as provided in paragraph (10), the
    amendments made by this subsection shall apply beginning with
    the 2018 crop year.

    (b) Margin Protection Program for Dairy Producers.--
    (1) Monthly calculation of actual dairy production margin.--
    (A) Definitions.--Section 1401 of the Agricultural
    Act of 2014 (7 U.S.C. 9051) is amended--
    (i) by striking paragraph (4); and
    (ii) by redesignating paragraphs (5) through
    (11) as paragraphs (4) through (10), respectively.
    (B) Calculation of actual dairy production margin.--
    Section 1402(b)(1) of the Agricultural Act of 2014 (7
    U.S.C. 9052(b)(1)) is amended by striking ``consecutive
    2-month period'' each place it appears and inserting
    ``month''.
    (C) Margin protection payments.--Section 1406 of the
    Agricultural Act of 2014 (7 U.S.C. 9056) is amended--
    (i) by striking ``consecutive 2-month period''
    each place it appears and inserting ``month''; and
    (ii) in subsection (c)(2)(B), by striking
    ``6'' and inserting ``12''.
    (2) Participation of dairy operations in margin protection
    program.--Section 1404 of the Agricultural Act of 2014 (7 U.S.C.
    9054) is amended--
    (A) in subsection (b)--
    (i) in paragraph (1), by inserting ``,
    including the establishment of a date each
    calendar year by which a dairy operation shall
    register for the calendar year'' before the period
    at the end;
    (ii) by redesignating paragraphs (2) and (3)
    as paragraphs (3) and (4), respectively; and
    (iii) by inserting after paragraph (1) the
    following:
    ``(2) Extension of election period for 2018 calendar year.--
    <> The Secretary shall extend
    the election period for the 2018 calendar year by not less than
    90 days after the date of enactment of the Bipartisan Budget Act
    of 2018 or such additional period as the Secretary determines is
    necessary for dairy operations to make new elections to
    participate for that calendar year, including dairy operations
    that elected to so participate before that date of enactment.'';
    and
    (B) in subsection (c), by adding at the end the
    following:
    ``(4) Exemption.--A limited resource, beginning, veteran, or
    socially disadvantaged farmer, as defined by the Secretary,
    shall be exempt from the administrative fee under this
    subsection.''.
    (3) Production history of participating dairy operations.--
    Section 1405(a) of the Agricultural Act of 2014 (7 U.S.C.
    9055(a)) is amended by adding at the end the following:

    [[Page 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) <> Application.--The amendments
    made by this subsection shall apply beginning with the 2018
    calendar year.

    (c) Limitation on Crop Insurance Livestock-Related Expenditures.--
    (1) In general.--Section 523(b) of the Federal Crop
    Insurance Act (7 U.S.C. 1523(b)) is amended by striking
    paragraph (10).
    (2) Conforming amendments.--Section 516 of the Federal Crop
    Insurance Act (7 U.S.C. 1516) is amended in subsections
    (a)(2)(C) and (b)(1)(D) by striking ``subsections (a)(3)(E)(ii)
    and (b)(10) of section 523'' each place it appears and inserting
    ``subsection (a)(3)(E)(ii) of that section''.

    Sec. 60102. (a) Section 1240B of the Food Security Act of 1985 (16
    U.S.C. 3839aa-2) is amended by striking subsection (a) and inserting the
    following:
    ``(a) <> Establishment.--
    During each of the 2002 through 2019 fiscal years, the Secretary shall
    provide payments to producers that enter into contracts with the
    Secretary under the program.''.

    (b) Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841)
    is amended--
    (1) in subsection (a)--

    [[Page 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.