```

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

[[Page 63]]

                      BIPARTISAN BUDGET ACT OF 2018

[[Page 132 STAT. 64]]

Public Law 115-123
115th Congress

                                 An Act

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

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

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

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

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

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

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

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

[[Page 132 STAT. 65]]

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

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

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

                                 TITLE I

                        DEPARTMENT OF AGRICULTURE

                          AGRICULTURAL PROGRAMS

                   Processing, Research and Marketing

                         Office of the Secretary

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

[[Page 132 STAT. 66]]

further expenditure and include improvements that can be made to Federal 
Crop Insurance policies, either administratively or legislatively, to 
increase participation, particularly among underserved producers, in 
higher levels of coverage in future years for crops qualifying for 
assistance under this heading:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                       Office of Inspector General

    For an additional amount for ``Office of Inspector General'', 
$2,500,000, to remain available until expended, for oversight and audit 
of programs, grants, and activities funded by this subdivision and 
administered by the Department of Agriculture:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                      Agricultural Research Service

                        buildings and facilities

    For an additional amount for ``Buildings and Facilities'', 
$22,000,000, to remain available until expended, for necessary expenses 
related to the consequences of Hurricanes Harvey, Irma, and Maria:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                           Farm Service Agency

                     emergency conservation program

    For an additional amount for the ``Emergency Conservation Program'', 
for necessary expenses related to the consequences of Hurricanes Harvey, 
Irma, and Maria and of wildfires occurring in calendar year 2017, and 
other natural disasters, $400,000,000, to remain available until 
expended:  Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                 Natural Resources Conservation Service

                watershed and flood prevention operations

    For an additional amount for ``Watershed and Flood Prevention 
Operations'', for necessary expenses for the Emergency Watershed 
Protection Program related to the consequences of Hurricanes Harvey, 
Irma, and Maria and of wildfires occurring in calendar year 2017, and 
other natural disasters, $541,000,000, to remain available until 
expended:  Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

[[Page 132 STAT. 67]]

                       RURAL DEVELOPMENT PROGRAMS

                          Rural Housing Service

              rural housing insurance fund program account

    For an additional amount for ``Rural Housing Insurance Fund Program 
Account'', $18,672,000, to remain available until September 30, 2019, 
for the cost of direct loans, including the cost of modifying loans as 
defined in section 502 of the Congressional Budget Act of 1974, for the 
rehabilitation of section 515 rental housing (42 U.S.C. 1485) in areas 
impacted by Hurricanes Harvey, Irma, and Maria where owners were not 
required to carry national flood insurance:  Provided, That such amount 
is designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                         Rural Utilities Service

             rural water and waste disposal program account

    For an additional amount for the ``Rural Water and Waste Disposal 
Program Account'', $165,475,000, to remain available until expended, for 
grants to repair drinking water systems and sewer and solid waste 
disposal systems impacted by Hurricanes Harvey, Irma, and Maria:  
Provided, That not to exceed $2,000,000 of the amount appropriated under 
this heading shall be for technical assistance grants for rural water 
and waste systems pursuant to section 306(a)(22) of the Consolidated 
Farm and Rural Development Act:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                         DOMESTIC FOOD PROGRAMS

                       Food and Nutrition Service

special supplemental nutrition program for women, infants, and children 
                                  (wic)

    For an additional amount for the ``Special Supplemental Nutrition 
Program for Women, Infants, and Children'', $14,000,000, to remain 
available until September 30, 2019, for infrastructure grants to the 
Commonwealth of Puerto Rico and the U.S. Virgin Islands to assist in the 
repair and restoration of buildings, equipment, technology, and other 
infrastructure damaged as a consequence of Hurricanes Irma and Maria:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                      commodity assistance program

    For an additional amount for ``Commodity Assistance Program'' for 
the emergency food assistance program as authorized by section 27(a) of 
the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a))

[[Page 132 STAT. 68]]

and section 204(a)(1) of the Emergency Food Assistance Act of 1983 (7 
U.S.C. 7508(a)(1)), $24,000,000, to remain available until September 30, 
2019, for necessary expenses of those jurisdictions that received a 
major disaster or emergency declaration pursuant to section 401 or 501, 
respectively, of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170, 5191) related to the consequences of 
Hurricanes Harvey, Irma, and Maria or due to wildfires in 2017:  
Provided, That notwithstanding any other provisions of the Emergency 
Food Assistance Act of 1983, the Secretary of Agriculture may provide 
resources to Puerto Rico, the Virgin Islands of the United States, and 
affected States, as determined by the Secretary, to assist affected 
families and individuals without regard to sections 204 and 214 of such 
Act (7 U.S.C. 7508, 7515) by allocating additional foods and funds for 
administrative expenses from resources specifically appropriated, 
transferred, or reprogrammed:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

            RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                 Department of Health and Human Services

                      food and drug administration

                        buildings and facilities

                      (including transfer of funds)

    For an additional amount for ``Buildings and Facilities'', 
$7,600,000, to remain available until expended, for necessary expenses 
related to the consequences of Hurricanes Harvey, Irma, and Maria:  
Provided, That such amount may be transferred to ``Department of Health 
and Human Services--Food and Drug Administration--Salaries and 
Expenses'' for costs related to repair of facilities, for replacement of 
equipment, and for other increases in facility-related costs:  Provided 
further, That obligations incurred for the purposes provided herein 
prior to the date of enactment of this subdivision may be charged to 
funds appropriated by this paragraph:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                      GENERAL PROVISION--THIS TITLE

    Sec. 20101. (a) Section 1501(b) of the Agricultural Act of 2014 (7 
U.S.C. 9081(b)) is amended--
            (1) in paragraph (1), in the matter before subparagraph (A), 
        by inserting ``sold livestock for a reduced sale price, or 
        both'' after ``normal mortality,'';
            (2) in paragraph (2), by striking ``applicable livestock on 
        the day before the date of death of the livestock, as determined 
        by the Secretary.'' and inserting the following:
        ``affected livestock, as determined by the Secretary, on, as 
        applicable--

[[Page 132 STAT. 69]]

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

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

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

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

                                TITLE II

                         DEPARTMENT OF COMMERCE

                   Economic Development Administration

                economic development assistance programs

                     (including transfers of funds)

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

[[Page 132 STAT. 70]]

the amount provided under this heading is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985:  
Provided further, That within the amount appropriated, up to 2 percent 
of funds may be transferred to the ``Salaries and Expenses'' account for 
administration and oversight activities:  Provided further, That within 
the amount appropriated, $1,000,000 shall be transferred to the ``Office 
of Inspector General'' account for carrying out investigations and 
audits related to the funding provided under this heading.

             National Oceanic and Atmospheric Administration

                  operations, research, and facilities

    For an additional amount for ``Operations, Research, and 
Facilities'' for necessary expenses related to the consequences of 
Hurricanes Harvey, Irma, and Maria, $120,904,000, to remain available 
until September 30, 2019, as follows:
            (1) $12,904,000 for repair and replacement of observing 
        assets, Federal real property, and equipment;
            (2) $18,000,000 for marine debris assessment and removal;
            (3) $40,000,000 for mapping, charting, and geodesy services; 
        and
            (4) $50,000,000 to improve weather forecasting, hurricane 
        intensity forecasting and flood forecasting and mitigation 
        capabilities, including data assimilation from ocean observing 
        platforms and satellites:

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

                procurement, acquisition and construction

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

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

[[Page 132 STAT. 71]]

                      fisheries disaster assistance

    For an additional amount for ``Fisheries Disaster Assistance'' for 
necessary expenses associated with the mitigation of fishery disasters, 
$200,000,000, to remain available until expended:  Provided, That funds 
shall be used for mitigating the effects of commercial fishery failures 
and fishery resource disasters declared by the Secretary of Commerce in 
calendar year 2017, as well those declared by the Secretary to be a 
direct result of Hurricanes Harvey, Irma, or Maria:  Provided further, 
That the amount provided under this heading is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                          DEPARTMENT OF JUSTICE

                     United States Marshals Service

                          salaries and expenses

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

                     Federal Bureau of Investigation

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for necessary 
expenses related to the consequences of Hurricanes Harvey, Irma, and 
Maria, $21,200,000:  Provided, That the amount provided under this 
heading is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                     Drug Enforcement Administration

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for necessary 
expenses related to the consequences of Hurricanes Harvey, Irma, and 
Maria, $11,500,000:  Provided, That the amount provided under this 
heading is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                          Federal Prison System

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'' for necessary 
expenses related to the consequences of Hurricanes Harvey, Irma, and 
Maria, $16,000,000:  Provided, That the amount provided under this 
heading is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

[[Page 132 STAT. 72]]

                        buildings and facilities

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

                                 SCIENCE

              National Aeronautics and Space Administration

        construction and environmental compliance and restoration

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

                       National Science Foundation

                     research and related activities

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

                            RELATED AGENCIES

                       Legal Services Corporation

                payment to the legal services corporation

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

[[Page 132 STAT. 73]]

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

                      GENERAL PROVISION--THIS TITLE

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

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

                                TITLE III

                          DEPARTMENT OF DEFENSE

                     DEPARTMENT OF DEFENSE--MILITARY

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

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

[[Page 132 STAT. 74]]

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

                     Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$267,796,000, for necessary expenses related to the consequences of 
Hurricanes Harvey, Irma, and Maria:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                 Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $17,920,000, for necessary expenses related to the consequences 
of Hurricanes Harvey, Irma, and Maria:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $20,916,000, for necessary expenses related to the consequences 
of Hurricanes Harvey, Irma, and Maria:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                 Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $2,650,000, for necessary expenses related to the consequences 
of Hurricanes Harvey, Irma, and Maria:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                 Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $12,500,000, for necessary expenses related to the 
consequences of Hurricanes Harvey, Irma, and Maria:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                 Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $2,922,000, for necessary expenses related to the 
consequences of Hurricanes Harvey, Irma, and Maria:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

[[Page 132 STAT. 75]]

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $5,770,000, for necessary expenses related to the 
consequences of Hurricanes Harvey, Irma, and Maria:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $55,471,000, for necessary expenses related to the 
consequences of Hurricanes Harvey, Irma, and Maria:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                               PROCUREMENT

                         Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'' 
$18,000,000, to remain available until September 30, 2020, for necessary 
expenses related to the consequences of Hurricanes Harvey, Irma, and 
Maria:  Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'' for 
the Navy Working Capital Fund, $9,486,000, for necessary expenses 
related to the consequences of Hurricanes Harvey, Irma, and Maria:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for operation and maintenance for ``Defense 
Health Program'', $704,000, for necessary expenses related to the 
consequences of Hurricanes Harvey, Irma, and Maria:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

[[Page 132 STAT. 76]]

                                TITLE IV

                        CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                             investigations

    For an additional amount for ``Investigations'' for necessary 
expenses related to the completion, or initiation and completion, of 
flood and storm damage reduction, including shore protection, studies 
which are currently authorized or which are authorized after the date of 
enactment of this subdivision, to reduce risk from future floods and 
hurricanes, at full Federal expense, $135,000,000, to remain available 
until expended:  Provided, That of such amount, not less than 
$75,000,000 is available for such studies in States and insular areas 
that were impacted by Hurricanes Harvey, Irma, and Maria:  Provided 
further, That funds made available under this heading shall be for high-
priority studies of projects in States and insular areas with more than 
one flood-related major disaster declared pursuant to the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.) in calendar years 2014, 2015, 2016, or 2017:  Provided further, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985:  Provided 
further, <<NOTE: Deadlines. Reports.>>  That the Assistant Secretary of 
the Army for Civil Works shall provide a monthly report to the 
Committees on Appropriations of the House of Representatives and the 
Senate detailing the allocation and obligation of these funds, including 
new studies selected to be initiated using funds provided under this 
heading, beginning not later than 60 days after the enactment of this 
subdivision.

                              construction

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

[[Page 132 STAT. 77]]

construction of Corps of Engineers projects in Puerto Rico and the 
United States Virgin Islands, using funds provided under this heading, 
shall be conducted at full Federal expense:  Provided further, That for 
projects receiving funding under this heading, the provisions of section 
902 of the Water Resources Development Act of 1986 shall not apply to 
these funds:  Provided further, That the completion of ongoing 
construction projects receiving funds provided under this heading shall 
be at full Federal expense with respect to such funds:  Provided 
further, <<NOTE: Time period.>>  That using funds provided under this 
heading, the non-Federal cash contribution for projects eligible for 
funding pursuant to the first proviso shall be financed in accordance 
with the provisions of section 103(k) of Public Law 99-662 over a period 
of 30 years from the date of completion of the project or separable 
element:  Provided further, That up to $50,000,000 of the funds made 
available under this heading shall be used for continuing authorities 
projects to reduce the risk of flooding and storm damage:  Provided 
further, That any projects using funds appropriated under this heading 
shall be initiated only after non-Federal interests have entered into 
binding agreements with the Secretary requiring, where applicable, the 
non-Federal interests to pay 100 percent of the operation, maintenance, 
repair, replacement, and rehabilitation costs of the project and to hold 
and save the United States free from damages due to the construction or 
operation and maintenance of the project, except for damages due to the 
fault or negligence of the United States or its contractors:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985:  Provided 
further, <<NOTE: Deadlines. Reports.>>  That the Assistant Secretary of 
the Army for Civil Works shall provide a monthly report to the 
Committees on Appropriations of the House of Representatives and the 
Senate detailing the allocation and obligation of these funds, beginning 
not later than 60 days after the enactment of this subdivision.

                    mississippi river and tributaries

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

[[Page 132 STAT. 78]]

                        operation and maintenance

    For an additional amount for ``Operation and Maintenance'' for 
necessary expenses to dredge Federal navigation projects in response to, 
and repair damages to Corps of Engineers Federal projects caused by, 
natural disasters, $608,000,000, to remain available until expended, of 
which such sums as are necessary to cover the Federal share of eligible 
operation and maintenance costs for coastal harbors and channels, and 
for inland harbors shall be derived from the Harbor Maintenance Trust 
Fund:  Provided, That such amount is designated by the Congress as being 
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985:  Provided 
further, <<NOTE: Deadlines. Reports.>>  That the Assistant Secretary of 
the Army for Civil Works shall provide a monthly report to the 
Committees on Appropriations of the House of Representatives and the 
Senate detailing the allocation and obligation of these funds, beginning 
not later than 60 days after the enactment of this subdivision.

                  flood control and coastal emergencies

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

                                expenses

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

[[Page 132 STAT. 79]]

                          DEPARTMENT OF ENERGY

                             ENERGY PROGRAMS

               Electricity Delivery and Energy Reliability

    For an additional amount for ``Electricity Delivery and Energy 
Reliability'', $13,000,000, to remain available until expended, for 
necessary expenses related to the consequences of Hurricanes Harvey, 
Irma, and Maria, including technical assistance related to electric 
grids:  Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                       Strategic Petroleum Reserve

    For an additional amount for ``Strategic Petroleum Reserve'', 
$8,716,000, to remain available until expended, for necessary expenses 
related to damages caused by Hurricanes Harvey, Irma, and Maria:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 20401. <<NOTE: Deadlines. Reports. 33 USC 701n-2.>>   In fiscal 
year 2018, and each fiscal year thereafter, the Chief of Engineers of 
the U.S. Army Corps of Engineers shall transmit to the Congress, after 
reasonable opportunity for comment, but without change, by the Assistant 
Secretary of the Army for Civil Works, a monthly report, the first of 
which shall be transmitted to Congress not later than 2 days after the 
date of enactment of this subdivision and monthly thereafter, which 
includes detailed estimates of damages to each Corps of Engineers 
project, caused by natural disasters or otherwise.

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

[[Page 132 STAT. 80]]

obligation of these funds, beginning not later than 60 days after the 
enactment of this subdivision.

                                 TITLE V

                          INDEPENDENT AGENCIES

                     General Services Administration

                        real property activities

                         federal buildings fund

    For an additional amount to be deposited in the ``Federal Buildings 
Fund'', $126,951,000, to remain available until expended, for necessary 
expenses related to the consequences of Hurricanes Harvey, Maria, and 
Irma for repair and alteration of buildings under the custody and 
control of the Administrator of General Services, and real property 
management and related activities not otherwise provided for:  Provided, 
That funds may be used to reimburse the ``Federal Buildings Fund'' for 
obligations incurred for this purpose prior to enactment of this 
subdivision:  Provided further, That not more than $15,000,000 shall be 
available for tenant improvements in damaged U.S. courthouses:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                      Small Business Administration

                       office of inspector general

    For an additional amount for the ``Office of Inspector General'', 
$7,000,000, to remain available until expended:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                     disaster loans program account

                      (including transfer of funds)

    For an additional amount for the ``Disaster Loans Program Account'' 
for the cost of direct loans authorized by section 7(b) of the Small 
Business Act, $1,652,000,000, to remain available until expended:  
Provided, That up to $618,000,000 may be transferred to and merged with 
``Salaries and Expenses'' for administrative expenses to carry out the 
disaster loan program authorized by section 7(b) of the Small Business 
Act:  Provided further, That none of the funds provided under this 
heading may be used for indirect administrative expenses:  Provided 
further, That the amount provided under this heading is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

[[Page 132 STAT. 81]]

                                TITLE VI

                     DEPARTMENT OF HOMELAND SECURITY

    DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT

                       Office of Inspector General

                         operations and support

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

                SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         operations and support

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

               procurement, construction, and improvements

    For an additional amount for ``Procurement, Construction, and 
Improvements'' for necessary expenses related to the consequences of 
Hurricanes Harvey, Irma, and Maria, including for the reconstruction of 
facilities affected, $45,000,000, to remain available until September 
30, 2022:  Provided, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985:  
Provided further, <<NOTE: Puerto Rico. Virgin Islands.>>  That funds are 
provided to carry out U.S. Customs and Border Protection activities in 
Puerto Rico and the United States Virgin Islands, in addition to any 
other amounts available for such purposes.

                U.S. Immigration and Customs Enforcement

                         operations and support

    For an additional amount for ``Operations and Support'' for 
necessary expenses related to the consequences of Hurricanes

[[Page 132 STAT. 82]]

Harvey, Irma, and Maria, $30,905,000, to remain available until 
September 30, 2019:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

               procurement, construction, and improvements

    For an additional amount for ``Procurement, Construction, and 
Improvements'' for necessary expenses related to the consequences of 
Hurricanes Harvey, Irma, and Maria, $33,052,000, to remain available 
until September 30, 2022:  Provided, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                 Transportation Security Administration

                         operations and support

    For an additional amount for ``Operations and Support'' for 
necessary expenses related to the consequences of Hurricanes Harvey, 
Irma, and Maria, $10,322,000, to remain available until September 30, 
2019:  Provided, That such amount is designated by the Congress as being 
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                               Coast Guard

                           operating expenses

    For an additional amount for ``Operating Expenses'' for necessary 
expenses related to the consequences of Hurricanes Harvey, Irma, and 
Maria, $112,136,000, to remain available until September 30, 2019:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                environmental compliance and restoration

    For an additional amount for ``Environmental Compliance and 
Restoration'' for necessary expenses related to the consequences of 
Hurricanes Harvey, Irma, and Maria, $4,038,000, to remain available 
until September 30, 2022:  Provided, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

               acquisition, construction, and improvements

    For an additional amount for Acquisition, Construction, and 
Improvements'' for necessary expenses related to the consequences of 
Hurricanes Harvey, Irma, Maria, and Matthew, $718,919,000, to remain 
available until September 30, 2022:  
Provided, <<NOTE: Deadline. Expenditure plan.>>  That, not later than 60 
days after enactment of this subdivision, the Secretary

[[Page 132 STAT. 83]]

of Homeland Security, or her designee, shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a detailed 
expenditure plan for funds appropriated under this heading:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

                   Federal Emergency Management Agency

                         operations and support

    For an additional amount for ``Operations and Support'' for 
necessary expenses related to the consequences of Hurricanes Harvey, 
Irma, and Maria, $58,800,000, to remain available until September 30, 
2019:  Provided, That such amount is designated by the Congress as being 
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

               procurement, construction, and improvements

    For an additional amount for ``Procurement, Construction, and 
Improvements'' for necessary expenses related to the consequences of 
Hurricanes Harvey, Irma, and Maria, $1,200,000, to remain available 
until September 30, 2020:  Provided, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                          disaster relief fund

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

[[Page 132 STAT. 84]]

or Maria, the Administrator shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate, not later 
than 5 days after the first day of each month beginning after the date 
of enactment of this subdivision, and shall publish on the Agency's 
website, not later than 10 days after the first day of each such month, 
an estimate or actual amount, if available, for the current fiscal year 
of the cost of the following categories of spending: public assistance, 
individual assistance, operations, mitigation, administrative, and any 
other relevant category (including emergency measures and disaster 
resources):  Provided, further, <<NOTE: Reports.>>  That not later than 
10 days after the first day of each month, the Administrator shall 
publish on the Agency's website the report (referred to as the Disaster 
Relief Monthly Report) as required by Public Law 114-4:  Provided 
further, That of the amounts provided under this heading for the 
Disaster Relief Fund, up to $150,000,000 shall be transferred to the 
Disaster Assistance Direct Loan Program Account for the cost to lend a 
territory or possession of the United States that portion of assistance 
for which the territory or possession is responsible under the cost-
sharing provisions of the major disaster declaration for Hurricanes Irma 
or Maria, as authorized under section 319 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162):  Provided 
further, That of the amount provided under this paragraph for transfer, 
up to $1,000,000 may be transferred to the Disaster Assistance Direct 
Loan Program Account for administrative expenses to carry out the 
Advance of Non-Federal Share program, as authorized by section 319 of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5162):  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

              RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

                Federal Law Enforcement Training Centers

                         operations and support

    For an additional amount for ``Operations and Support'' for 
necessary expenses related to the consequences of Hurricanes Harvey, 
Irma, and Maria, $5,374,000, to remain available until September 30, 
2019:  Provided, That such amount is designated by the Congress as being 
for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

               procurement, construction, and improvements

    For an additional amount for ``Procurement, Construction, and 
Improvements'' for necessary expenses related to the consequences of 
Hurricanes Harvey, Irma, and Maria, $5,000,000, to remain available 
until September 30, 2022:  Provided, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

[[Page 132 STAT. 85]]

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 20601.  The Administrator of the Federal Emergency Management 
Agency may provide assistance, pursuant to section 428 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.), for critical services as defined in section 406 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act for the duration 
of the recovery for incidents DR-4336-PR, DR-4339-PR, DR-4340-USVI, and 
DR-4335-USVI to--
            (1) replace or restore the function of a facility or system 
        to industry standards without regard to the pre-disaster 
        condition of the facility or system; and
            (2) replace or restore components of the facility or system 
        not damaged by the disaster where necessary to fully effectuate 
        the replacement or restoration of disaster-damaged components to 
        restore the function of the facility or system to industry 
        standards.

    Sec. 20602. <<NOTE: President.>>   Notwithstanding section 404 or 
420 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170c and 8187), for fiscal years 2017 and 2018, the 
President shall provide hazard mitigation assistance in accordance with 
such section 404 in any area in which assistance was provided under such 
section 420.

    Sec. 20603.  The third proviso of the second paragraph in title I of 
Public Law 115-72 under the heading ``Federal Emergency Management 
Agency--Disaster Relief Fund'' <<NOTE: 131 Stat. 1225.>>  shall be 
amended by striking ``180 days'' and inserting ``365 days'':  Provided, 
That amounts repurposed pursuant to this section that were previously 
designated by the Congress as an emergency requirement pursuant to the 
Balanced Budget and Emergency Deficit Control Act are designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

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

[[Page 132 STAT. 86]]

                organization operating the house of worship is limited 
                to persons who share a religious faith or practice.''.

    (b) Repair, Restoration, and Replacement of Damaged Facilities.--
Section 406(a)(3) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5172(a)(3)) is amended by adding at 
the end the following:
                    ``(C) Religious facilities.--A church, synagogue, 
                mosque, temple, or other house of worship, educational 
                facility, or any other private nonprofit facility, shall 
                be eligible for contributions under paragraph (1)(B), 
                without regard to the religious character of the 
                facility or the primary religious use of the facility. 
                No house of worship, educational facility, or any other 
                private nonprofit facility may be excluded from 
                receiving contributions under paragraph (1)(B) because 
                leadership or membership in the organization operating 
                the house of worship is limited to persons who share a 
                religious faith or practice.''.

    (c) <<NOTE: 42 USC 5122 note.>>  Applicability.--This section and 
the amendments made by this section shall apply--
            (1) <<NOTE: Effective date.>>  to the provision of 
        assistance in response to a major disaster or emergency declared 
        on or after August 23, 2017; or
            (2) with respect to--
                    (A) any application for assistance that, as of the 
                date of enactment of this Act, is pending before Federal 
                Emergency Management Agency; and
                    (B) any application for assistance that has been 
                denied, where a challenge to that denial is not yet 
                finally resolved as of the date of enactment of this 
                Act.

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

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

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

[[Page 132 STAT. 87]]

                          ``(iii) encouraging the adoption and 
                      enforcement of the latest published editions of 
                      relevant consensus-based codes, specifications, 
                      and standards that incorporate the latest hazard-
                      resistant designs and establish minimum acceptable 
                      criteria for the design, construction, and 
                      maintenance of residential structures and 
                      facilities that may be eligible for assistance 
                      under this Act for the purpose of protecting the 
                      health, safety, and general welfare of the 
                      buildings' users against disasters;
                          ``(iv) facilitating participation in the 
                      community rating system; and
                          ``(v) funding mitigation projects or granting 
                      tax incentives for projects that reduce risk.
                    ``(B) <<NOTE: Deadline. President.>>  Comprehensive 
                guidance.--Not later than 1 year after the date of 
                enactment of this paragraph, the President, acting 
                through the Administrator, shall issue comprehensive 
                guidance to State and Tribal governments regarding the 
                measures and investments, weighted appropriately based 
                on actuarial assessments of eligible actions, that will 
                be recognized for the purpose of increasing the Federal 
                share under this section. Guidance shall ensure that the 
                agency's review of eligible measures and investments 
                does not unduly delay determining the appropriate 
                Federal cost share.
                    ``(C) Report.--One year after the issuance of the 
                guidance required by subparagraph (B), the Administrator 
                shall submit to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate a report regarding the analysis of the 
                Federal cost shares paid under this section.
                    ``(D) Savings clause.--Nothing in this paragraph 
                prevents the President from increasing the Federal cost 
                share above 85 percent.''.

    Sec. 20607.  Division F of the Consolidated Appropriations Act, 
2017, <<NOTE: 131 Stat. 433.>>  is amended by inserting the following at 
the end of Title V:

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

[[Page 132 STAT. 88]]

    ``(d) Limitation of Pay Authority.--Pay exempted from otherwise 
applicable limits under subsection (a) shall not cause the aggregate pay 
earned for the calendar year in which the exempted pay is earned to 
exceed the rate of basic pay payable for a position at level II of the 
Executive Schedule under section 5313 of title 5, United States Code.
    ``(e) Effective Date.--This section shall take effect as if enacted 
on December 31, 2016.''.

                                TITLE VII

                       DEPARTMENT OF THE INTERIOR

                 United States Fish and Wildlife Service

                              construction

    For an additional amount for ``Construction'' for necessary expenses 
related to the consequences of Hurricanes Harvey, Irma, and Maria, 
$210,629,000, to remain available until expended:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                          National Park Service

                        historic preservation fund

    For an additional amount for the ``Historic Preservation Fund'' for 
necessary expenses related to the consequences of Hurricanes Harvey, 
Irma, and Maria, $50,000,000, to remain available until September 30, 
2019, including costs to States and territories necessary to complete 
compliance activities required by section 306108 of title 54, United 
States Code (formerly section 106 of the National Historic Preservation 
Act) and costs needed to administer the program:  Provided, That grants 
shall only be available for areas that have received a major disaster 
declaration pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.):  Provided further, 
That individual grants shall not be subject to a non-Federal matching 
requirement:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                              construction

    For an additional amount for ``Construction'' for necessary expenses 
related to the consequences of Hurricanes Harvey, Irma, and Maria, 
$207,600,000, to remain available until expended:  Provided, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

[[Page 132 STAT. 89]]

                     United States Geological Survey

                  surveys, investigations, and research

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

                          Departmental Offices

                             Insular Affairs

                        assistance to territories

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

                       Office of Inspector General

                          salaries and expenses

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

                     Environmental Protection Agency

                      hazardous substance superfund

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

           leaking underground storage tank trust fund program

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

[[Page 132 STAT. 90]]

available until expended:  Provided, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                   state and tribal assistance grants

    For an additional amount for ``State and Tribal Assistance Grants'' 
for necessary expenses related to the consequences of Hurricanes Harvey, 
Irma, and Maria for the hazardous waste financial assistance grants 
program and for other solid waste management activities, $50,000,000, to 
remain available until expended:  Provided, That none of these funds 
allocated within Region 2 shall be subject to cost share requirements 
under section 3011(b) of the Solid Waste Disposal Act:  Provided 
further, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

        Administrative Provision--Environmental Protection Agency

    Of amounts previously appropriated for capitalization grants for the 
State Revolving Funds under title VI of the Federal Water Pollution 
Control Act or under section 1452 of the Safe Drinking Water Act to a 
State or territory included as part of a disaster declaration related to 
Hurricanes Irma and Maria, all existing grant funds that are available 
but not drawn down shall not be subject to the matching or cost share 
requirements of sections 602(b)(2), 602(b)(3) of the Federal Water 
Pollution Control Act nor the matching requirements of section 1452(e) 
of the Safe Drinking Water Act and shall be awarded to such state or 
territory:  Provided, That, notwithstanding the requirements of section 
603(d) of the Federal Water Pollution Control Act or section 1452(f) of 
the Safe Drinking Water Act, the state or territory shall utilize the 
full amount of such funds, excluding existing loans, to provide 
additional subsidization to eligible recipients in the form of 
forgiveness of principal, negative interest loans or grants or any 
combination of these:  Provided further, That such funds may be used for 
eligible projects whose purpose is to repair damage incurred as a result 
of Hurricanes Irma and Maria, reduce flood damage risk and vulnerability 
or to enhance resiliency to rapid hydrologic change or a natural 
disaster at treatment works as defined by section 212 of the Federal 
Water Pollution Control Act or a public drinking water system under 
section 1452 of the Safe Drinking Water Act:  Provided further, That any 
project involving the repair or replacement of a lead service line shall 
replace the entire lead service line, not just a portion.

                            RELATED AGENCIES

                        DEPARTMENT OF AGRICULTURE

                             Forest Service

                       state and private forestry

    For an additional amount for ``State and Private Forestry'' for 
necessary expenses related to the consequences of Hurricanes

[[Page 132 STAT. 91]]

Harvey, Irma, and Maria, $7,500,000, to remain available until expended: 
 Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                         national forest system

    For an additional amount for ``National Forest System'' for 
necessary expenses related to the consequences of Hurricanes Harvey, 
Irma, and Maria, $20,652,000, to remain available until expended:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                   capital improvement and maintenance

    For an additional amount for ``Capital Improvement and Maintenance'' 
for necessary expenses related to the consequences of Hurricanes Harvey, 
Irma, and Maria, and the 2017 fire season, $91,600,000, to remain 
available until expended:  Provided, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                      GENERAL PROVISION--THIS TITLE

    Sec. 20701.  Agencies <<NOTE: Reports. Deadline.>>  receiving funds 
appropriated by this title shall each provide a monthly report to the 
Committees on Appropriations of the House of Representatives and the 
Senate detailing the allocation and obligation of these funds by 
account, beginning not later than 90 days after enactment of this Act.

                               TITLE VIII

                           DEPARTMENT OF LABOR

                 Employment and Training Administration

                     training and employment services

                     (including transfers of funds)

    For an additional amount for ``Training and Employment Services'', 
$100,000,000, for the dislocated workers assistance national reserve for 
necessary expenses directly related to the consequences of Hurricanes 
Harvey, Maria, and Irma and those jurisdictions that received a major 
disaster declaration pursuant to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) due to wildfires 
in 2017, which shall be available from the date of enactment of this 
subdivision through September 30, 2019:  Provided, That the Secretary of 
Labor may transfer up to $2,500,000 of such funds to any other 
Department of Labor account for reconstruction and recovery needs, 
including worker protection activities:  Provided further, That these 
sums may be used to replace grant funds previously obligated to the 
impacted areas:  Provided further, That of the amount provided, up to

[[Page 132 STAT. 92]]

$500,000, to remain available until expended, shall be transferred to 
``Office of Inspector General''for oversight of activities responding to 
such hurricanes and wildfires:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                                job corps

    For an additional amount for ``Job Corps'' for construction, 
rehabilitation and acquisition for Job Corps Centers in Puerto Rico, 
$30,900,000, which shall be available upon the date of enactment of this 
subdivision and remain available for obligation through June 30, 2021:  
Provided, That such amount is designated by the Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                 General Provisions--Department of Labor

            deferral of interest payments for virgin islands

    Sec. 20801.  Notwithstanding <<NOTE: Deadline. Time period.>>  any 
other provision of law, the interest payment of the Virgin Islands that 
was due under section 1202(b)(1) of the Social Security Act on September 
29, 2017, shall not be due until September 28, 2018, and no interest 
shall accrue on such amount through September 28, 2018:  Provided, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                 flexibility in use of funds under wioa

    Sec. 20802. (a) In General.--Notwithstanding section 133(b)(4) of 
the Workforce Innovation and Opportunity Act, in States, as defined by 
section 3(56) of such Act, affected by Hurricanes Harvey, Irma, and 
Maria, a local board, as defined by section 3(33) of such Act, in a 
local area, as defined by section 3(32) of such Act, affected by such 
Hurricanes may transfer, if such transfer is approved by the Governor, 
up to 100 percent of the funds allocated to the local area for Program 
Years 2016 and 2017 for Youth Workforce Investment activities under 
paragraphs (2) or (3) of section 128(b) of such Act, for Adult 
employment and training activities under paragraphs (2)(A) or (3) of 
section 133(b) of such Act, or for Dislocated Worker employment and 
training activities under paragraph (2)(B) of section 133(b) of such Act 
among--
            (1) adult employment and training activities;
            (2) dislocated worker employment and training activities; 
        and
            (3) youth workforce investment activities.

    (b) The Virgin Islands.--Except for the funds reserved to carry out 
required statewide activities under sections 127(b) and 134(a)(2) of the 
Workforce Innovation and Opportunity Act, the Governor of the Virgin 
Islands may authorize the transfer of up to 100 percent of the remaining 
funds provided to the Virgin Islands for Program Years 2016 and 2017 for 
Youth Workforce Investment activities under section 127(b)(1)(B) of such 
Act, for Adult employment and training activities under section 
132(b)(1)(A) of such

[[Page 132 STAT. 93]]

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

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention

                 cdc-wide activities and program support

                      (including transfer of funds)

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

                      National Institutes of Health

                         office of the director

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

                Administration for Children and Families

                 children and families services programs

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

[[Page 132 STAT. 94]]

years, as such term is defined in sections 640(a)(7)(A), 641A(h)(1)(B), 
or 645(d)(3) of the Head Start Act:  Provided further, That funds 
appropriated in this paragraph are not subject to the allocation 
requirements of section 640(a) of the Head Start Act:  Provided further, 
That funds appropriated in this paragraph shall not be available for 
costs that are reimbursed by the Federal Emergency Management Agency, 
under a contract for insurance, or by self-insurance:  Provided further, 
That up to $12,500,000 shall be available for Federal administrative 
expenses:  Provided further, That obligations incurred for the purposes 
provided herein prior to the date of enactment of this subdivision may 
be charged to funds appropriated under this heading:  Provided further, 
That such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                         Office of the Secretary

            public health and social services emergency fund

                     (including transfers of funds)

    For an additional amount for the ``Public Health and Social Services 
Emergency Fund'', $162,000,000, to remain available until September 30, 
2020, for response, recovery, preparation, mitigation and other expenses 
directly related to the consequences of Hurricanes Harvey, Irma, and 
Maria, including activities authorized under section 319(a) of the 
Public Health Service Act (referred to in this subdivision as the ``PHS 
Act''):  Provided, That of the amount provided, $60,000,000 shall be 
transferred to ``Health Resources and Services Administration--Primary 
Health Care'', for expenses related to the consequences of Hurricanes 
Harvey, Irma, and Maria for disaster response and recovery, for the 
Health Centers Program under section 330 of the PHS Act:  Provided 
further, That not less than $50,000,000, of amounts transferred under 
the preceding proviso, shall be available for alteration, renovation, 
construction, equipment, and other capital improvement costs as 
necessary to meet the needs of areas affected by Hurricanes Harvey, 
Irma, and Maria: Provided further, That the time limitation in section 
330(e)(3) of the PHS Act shall not apply to funds made available under 
the preceding proviso:  Provided further, That of the amount provided, 
not less than $20,000,000 shall be transferred to ``Substance Abuse and 
Mental Health Services Administration--Health Surveillance and Program 
Support'' for grants, contracts, and cooperative agreements for 
behavioral health treatment, crisis counseling, and other related 
helplines, and for other similar programs to provide support to 
individuals impacted by Hurricanes Harvey, Irma, and Maria:  Provided 
further, That of the amount provided, up to $2,000,000, to remain 
available until expended, shall be transferred to ``Office of the 
Secretary--Office of Inspector General'' for oversight of activities 
responding to such hurricanes:  Provided further, That obligations 
incurred for the purposes provided herein prior to the date of enactment 
of this subdivision may be charged to funds appropriated under this 
heading:  Provided further, That funds appropriated in this paragraph 
shall not be available for costs that are reimbursed by the Federal 
Emergency Management Agency, under a contract for insurance, or by self-

[[Page 132 STAT. 95]]

insurance:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

       General Provision--Department of Health and Human Services

     direct hire authority for certain emergency response positions

    Sec. 20803. (a) <<NOTE: Determination. Notice.>>  In General.--As 
the Secretary of Health and Human Services determines necessary to 
respond to a critical hiring need for emergency response positions, 
after providing public notice and without regard to the provisions of 
sections 3309 through 3319 of title 5, United States Code, the Secretary 
may appoint candidates directly to the following positions, consistent 
with subsection (b), to perform critical work directly relating to the 
consequences of Hurricanes Harvey, Irma, and Maria:
            (1) Intermittent disaster-response personnel in the National 
        Disaster Medical System, under section 2812 of the Public Health 
        Service Act (42 U.S.C. 300hh-11).
            (2) Term or temporary related positions in the Centers for 
        Disease Control and Prevention and the Office of the Assistant 
        Secretary for Preparedness and Response.

    (b) Expiration.--The authority under subsection (a) shall expire 270 
days after the date of enactment of this section.

                         DEPARTMENT OF EDUCATION

                      Hurricane Education Recovery

                      (including transfer of funds)

    For an additional amount for ``Hurricane Education Recovery'' for 
necessary expenses related to the consequences of Hurricanes Harvey, 
Irma, and Maria, or wildfires in 2017 for which a major disaster or 
emergency has been declared under sections 401 or 501 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 
and 5190) (referred to under this heading as ``covered disaster or 
emergency''), $2,700,000,000, to remain available through September 30, 
2022, for assisting in meeting the educational needs of individuals 
affected by a covered disaster or emergency:  Provided, That such amount 
is designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985:  Provided further, That--
            (1) such funds shall be used--
                    (A) to make awards to eligible entities for 
                immediate aid to restart school operations, in 
                accordance with paragraph (2);
                    (B) for temporary emergency impact aid for displaced 
                students, in accordance with paragraph (2);
                    (C) for emergency assistance to institutions of 
                higher education and students attending institutions of 
                higher education in an area directly affected by a 
                covered disaster or emergency in accordance with 
                paragraph (3);

[[Page 132 STAT. 96]]

                    (D) for payments to institutions of higher education 
                to help defray the unexpected expenses associated with 
                enrolling displaced students from institutions of higher 
                education directly affected by a covered disaster or 
                emergency, in accordance with paragraph (4); and
                    (E) to provide assistance to local educational 
                agencies serving homeless children and youth in 
                accordance with paragraph (5);
            (2) immediate aid to restart school operations and temporary 
        emergency impact aid for displaced students described in 
        subparagraphs (A) and (B) of paragraph (1) shall be provided 
        under the statutory terms and conditions that applied to 
        assistance under sections 102 and 107 of title IV of division B 
        of Public Law 109-148, respectively, except that such sections 
        shall be applied so that--
                    (A) each reference to a major disaster declared in 
                accordance with section 401 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5170) shall be to a major disaster or emergency declared 
                by the President in accordance with section 401 or 501, 
                respectively, of such Act;
                    (B) each reference to Hurricane Katrina or Hurricane 
                Rita shall be a reference to a covered disaster or 
                emergency;
                    (C) each reference to August 22, 2005 shall be to 
                the date that is one week prior to the date that the 
                major disaster or emergency was declared for the area;
                    (D) each reference to the States of Louisiana, 
                Mississippi, Alabama, and Texas shall be to the States 
                or territories affected by a covered disaster or 
                emergency, and each reference to the State educational 
                agencies of Louisiana, Mississippi, Alabama, or Texas 
                shall be a reference to the State educational agencies 
                that serve the states or territories affected by a 
                covered disaster or emergency;
                    (E) each reference to the 2005-2006 school year 
                shall be to the 2017-2018 school year;
                    (F) the references in section 102(h)(1) of title IV 
                of division B of Public Law 109-148 to the number of 
                non-public and public elementary schools and secondary 
                schools in the State shall be to the number of students 
                in non-public and public elementary schools and 
                secondary schools in the State, and the reference in 
                such section to the National Center for Data Statistics 
                Common Core of Data for the 2003-2004 school year shall 
                be to the most recent and appropriate data set for the 
                2016-2017 school year;
                    (G) in determining the amount of immediate aid 
                provided to restart school operations as described in 
                section 102(b) of title IV of division B of Public Law 
                109-148, the Secretary shall consider the number of 
                students enrolled, during the 2016-2017 school year, in 
                elementary schools and secondary schools that were 
                closed as a result of a covered disaster or emergency;
                    (H) in determining the amount of emergency impact 
                aid that a State educational agency is eligible to 
                receive under paragraph (1)(B), the Secretary shall, 
                subject to section 107(d)(1)(B) of such title, provide--

[[Page 132 STAT. 97]]

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

[[Page 132 STAT. 98]]

        of homeless children and youth enrolled as a result of 
        displacement by a covered disaster or emergency;
            (6) section 437 of the General Education Provisions Act (20 
        U.S.C. 1232) and section 553 of title 5, United States Code, 
        shall not apply to activities under this heading;
            (7) $4,000,000 of the funds made available under this 
        heading, to remain available until expended, shall be 
        transferred to the Office of the Inspector General of the 
        Department of Education for oversight of activities supported 
        with funds appropriated under this heading, and up to $3,000,000 
        of the funds made available under this heading shall be for 
        program administration;
            (8) up to $35,000,000 of the funds made available under this 
        heading shall be to carry out activities authorized under 
        section 4631(b) of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7281(b)):  Provided, That obligations incurred 
        for the purposes provided herein prior to the date of enactment 
        of this subdivision may be charged to funds appropriated under 
        this paragraph;
            (9) <<NOTE: Waiver authority.>>  the Secretary may waive, 
        modify, or provide extensions for certain requirements of the 
        Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) for 
        affected individuals, affected students, and affected 
        institutions in covered disaster or emergency areas in the same 
        manner as the Secretary was authorized to waive, modify, or 
        provide extensions for certain requirements of such Act under 
        provisions of subtitle B of title IV of division B of Public Law 
        109-148 for affected individuals, affected students, and 
        affected institutions in areas affected by Hurricane Katrina and 
        Hurricane Rita, except that the cost associated with any action 
        taken by the Secretary under this paragraph is designated by the 
        Congress as being for an emergency requirement pursuant to 
        section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
        Deficit Control Act of 1985; and
            (10) if any provision under this heading or application of 
        such provision to any person or circumstance is held to be 
        unconstitutional, the remainder of the provisions under this 
        heading and the application of such provisions to any person or 
        circumstance shall not be affected thereby.

               General Provision--Department of Education

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

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

[[Page 132 STAT. 99]]

                     GENERAL PROVISIONS--THIS TITLE

                      (including transfer of funds)

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

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

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

                                TITLE IX

                           LEGISLATIVE BRANCH

                    GOVERNMENT ACCOUNTABILITY OFFICE

                          Salaries and Expenses

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

                                 TITLE X

                          DEPARTMENT OF DEFENSE

              Military Construction, Navy and Marine Corps

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

[[Page 132 STAT. 100]]

the funds made available to the Navy and Marine Corps for recovery 
efforts related to Hurricanes Harvey, Irma, and Maria in this 
subdivision shall be available for obligation until the Committees on 
Appropriations of the House of Representatives and the Senate receive 
form 1391 for each specific request: <<NOTE: Deadline. Expenditure 
plan.>>   Provided further, That, not later than 60 days after enactment 
of this subdivision, the Secretary of the Navy, or his designee, shall 
submit to the Committees on Appropriations of House of Representatives 
and the Senate a detailed expenditure plan for funds provided under this 
heading:  Provided further, That such funds may be obligated or expended 
for planning and design and military construction projects not otherwise 
authorized by law:  Provided further, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

               Military Construction, Army National Guard

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

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                            medical services

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

                     medical support and compliance

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

[[Page 132 STAT. 101]]

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

                           medical facilities

    For an additional amount for ``Medical Facilities'', $75,108,000, to 
remain available until September 30, 2022, for necessary expenses 
related to the consequences of Hurricanes Harvey, Irma, and 
Maria: <<NOTE: Expenditure plan.>>   Provided, That none of these funds 
shall be available for obligation until the Secretary of Veterans 
Affairs submits to the Committees on Appropriations of the House of 
Representatives and the Senate a detailed expenditure plan for funds 
provided under this heading:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                       Departmental Administration

                      construction, minor projects

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

                      GENERAL PROVISION--THIS TITLE

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

                                TITLE XI

                      DEPARTMENT OF TRANSPORTATION

                     Federal Aviation Administration

                               operations

                     (airport and airway trust fund)

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

[[Page 132 STAT. 102]]

                        facilities and equipment

                     (airport and airway trust fund)

    For an additional amount for ``Facilities and Equipment'', 
$79,589,000, to be derived from the Airport and Airway Trust Fund and to 
remain available until expended, for necessary expenses related to the 
consequences of Hurricanes Harvey, Irma, and Maria, and other hurricanes 
occurring in calendar year 2017:  Provided, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                     Federal Highway Administration

                          federal-aid highways

                        emergency relief program

    For an additional amount for the ``Emergency Relief Program'' as 
authorized under section 125 of title 23, United States Code, 
$1,374,000,000, to remain available until 
expended: <<NOTE: Applicability.>>   Provided, That notwithstanding 
section 125(d)(4) of title 23, United States Code, no limitation on the 
total obligations for projects under section 125 of such title shall 
apply to the Virgin Islands, Guam, American Samoa, and the Commonwealth 
of the Northern Mariana Islands for fiscal year 2018 and fiscal year 
2019:  Provided further, That notwithstanding subsection (e) of section 
120 of title 23, United States Code, for this fiscal year and hereafter, 
the Federal share for Emergency Relief funds made available under 
section 125 of such title to respond to damage caused by Hurricanes Irma 
and Maria, shall be 100 percent for Puerto Rico:  Provided further, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                     Federal Transit Administration

             public transportation emergency relief program

    For an additional amount for the ``Public Transportation Emergency 
Relief Program'' as authorized under section 5324 of title 49, United 
States Code, $330,000,000 to remain available until expended, for 
transit systems affected by Hurricanes Harvey, Irma, and Maria with 
major disaster declarations in 2017:  Provided, That not more than 
three-quarters of one percent of the funds for public transportation 
emergency relief shall be available for administrative expenses and 
ongoing program management oversight as authorized under sections 5334 
and 5338(f)(2) of such title and shall be in addition to any other 
appropriations for such purpose:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

[[Page 132 STAT. 103]]

                         Maritime Administration

                         operations and training

    For an additional amount for ``Operations and Training'', 
$10,000,000, to remain available until expended, for necessary expenses, 
including for dredging, related to damage to Maritime Administration 
facilities resulting from Hurricane Harvey:  Provided, That such amount 
is designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

             General Provision--Department of Transportation

    Sec. 21101.  Notwithstanding 49 U.S.C. 5302, for fiscal years 2018, 
2019, and 2020 the Secretary of Transportation shall treat an area as an 
``urbanized area'' for purposes of 49 U.S.C. 5307 and 5336(a) until the 
next decennial census following the enactment of this Act if the area 
was defined and designated as an ``urbanized'' area by the Secretary of 
Commerce in the 2000 decennial census and the population of such area 
fell below 50,000 after the 2000 decennial census as a result of a major 
disaster:  Provided, That an area treated as an ``urbanized area'' for 
purposes of this section shall be assigned the population and square 
miles of the urbanized area designated by the Secretary of Commerce in 
the 2000 decennial census:  Provided further, That the term ``major 
disaster'' has the meaning given such term in section 102(2) of the 
Disaster Relief Act of 1974 (42 U.S.C. 5122(2)).

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development

                       community development fund

                     (including transfers of funds)

    For an additional amount for ``Community Development Fund'', 
$28,000,000,000, to remain available until expended, for necessary 
expenses for activities authorized under title I of the Housing and 
Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to 
disaster relief, long-term recovery, restoration of infrastructure and 
housing, economic revitalization, and mitigation in the most impacted 
and distressed areas resulting from a major declared disaster that 
occurred in 2017 (except as otherwise provided under this heading) 
pursuant to the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.):  Provided, That funds shall be 
awarded directly to the State, unit of general local government, or 
Indian tribe (as such term is defined in section 102 of the Housing and 
Community Development Act of 1974) at the discretion of the Secretary:  
Provided further, That of the amounts made available under this heading, 
up to $16,000,000,000 shall be allocated to meet unmet needs for 
grantees that have received or will receive allocations under this 
heading for major declared disasters that occurred in 2017 or under the 
same heading of Division B of Public Law 115-56, except that, of the 
amounts made available under this proviso, no less than $11,000,000,000 
shall be allocated to the States and units

[[Page 132 STAT. 104]]

of local government affected by Hurricane Maria, and of such amounts 
allocated to such grantees affected by Hurricane Maria, $2,000,000,000 
shall be used to provide enhanced or improved electrical power systems:  
Provided further, That to the extent amounts under the previous proviso 
are insufficient to meet all unmet needs, the allocation amounts related 
to infrastructure shall be reduced proportionally based on the total 
infrastructure needs of all grantees: <<NOTE: Determination.>>   
Provided further, That of the amounts made available under this heading, 
no less than $12,000,000,000 shall be allocated for mitigation 
activities to all grantees of funding provided under this heading, 
section 420 of division L of Public Law 114-113, section 145 of division 
C of Public Law 114-223, section 192 of division C of Public Law 114-223 
(as added by section 101(3) of division A of Public Law 114-254), 
section 421 of division K of Public Law 115-31, and the same heading in 
division B of Public Law 115-56, and that such mitigation activities 
shall be subject to the same terms and conditions under this 
subdivision, as determined by the Secretary:  Provided further, That all 
such grantees shall receive an allocation of funds under the preceding 
proviso in the same proportion that the amount of funds each grantee 
received or will receive under the second proviso of this heading or the 
headings and sections specified in the previous proviso bears to the 
amount of all funds provided to all grantees specified in the previous 
proviso: <<NOTE: Deadlines.>>   Provided further, That of the amounts 
made available under the second and fourth provisos of this heading, the 
Secretary shall allocate to all such grantees an aggregate amount not 
less than 33 percent of each such amounts of funds provided under this 
heading within 60 days after the enactment of this subdivision based on 
the best available data (especially with respect to data for all such 
grantees affected by Hurricanes Harvey, Irma, and Maria), and shall 
allocate no less than 100 percent of the funds provided under this 
heading by no later than December 1, 2018:  Provided further, That the 
Secretary shall not prohibit the use of funds made available under this 
heading and the same heading in division B of Public Law 115-56 for non-
federal share as authorized by section 105(a)(9) of the Housing and 
Community Development Act of 1974 (42 U.S.C. 5305(a)(9)):  Provided 
further, That of the amounts made available under this heading, grantees 
may establish grant programs to assist small businesses for working 
capital purposes to aid in recovery:  Provided further, 
That <<NOTE: Certification.>>  as a condition of making any grant, the 
Secretary shall certify in advance that such grantee has in place 
proficient financial controls and procurement processes and has 
established adequate procedures to prevent any duplication of benefits 
as defined by section 312 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5155), to ensure timely expenditure 
of funds, to maintain comprehensive websites regarding all disaster 
recovery activities assisted with these funds, and to detect and prevent 
waste, fraud, and abuse of funds:  Provided further, That with respect 
to any such duplication of benefits, the Secretary and any grantee under 
this section shall not take into consideration or reduce the amount 
provided to any applicant for assistance from the grantee where such 
applicant applied for and was approved, but declined assistance related 
to such major declared disasters that occurred in 2014, 2015, 2016, and 
2017 from the Small Business Administration under section 7(b) of the 
Small Business Act (15 U.S.C. 636(b)): <<NOTE: Web 
posting. Records. Contracts. Determination.>>   Provided further, That 
the

[[Page 132 STAT. 105]]

Secretary shall require grantees to maintain on a public website 
information containing common reporting criteria established by the 
Department that permits individuals and entities awaiting assistance and 
the general public to see how all grant funds are used, including copies 
of all relevant procurement documents, grantee administrative contracts 
and details of ongoing procurement processes, as determined by the 
Secretary: <<NOTE: Plan.>>   Provided further, That prior to the 
obligation of funds a grantee shall submit a plan to the Secretary for 
approval detailing the proposed use of all funds, including criteria for 
eligibility and how the use of these funds will address long-term 
recovery and restoration of infrastructure and housing, economic 
revitalization, and mitigation in the most impacted and distressed 
areas:  Provided further, That such funds may not be used for activities 
reimbursable by, or for which funds are made available by, the Federal 
Emergency Management Agency or the Army Corps of Engineers:  Provided 
further, That funds allocated under this heading shall not be considered 
relevant to the non-disaster formula allocations made pursuant to 
section 106 of the Housing and Community Development Act of 1974 (42 
U.S.C. 5306):  Provided further, That a State, unit of general local 
government, or Indian tribe may use up to 5 percent of its allocation 
for administrative costs:  Provided further, That the sixth proviso 
under this heading in the Supplemental Appropriations for Disaster 
Relief Requirements Act, 2017 (division B of Public Law 115-56) is 
amended <<NOTE: 131 Stat. 1138.>>  by striking ``State or subdivision 
thereof'' and inserting ``State, unit of general local government, or 
Indian tribe (as such term is defined in section 102 of the Housing and 
Community Development Act of 1974 (42 U.S.C. 5302))'':  Provided 
further, That in administering <<NOTE: Waiver authority.>>  the funds 
under this heading, the Secretary of Housing and Urban Development may 
waive, or specify alternative requirements for, any provision of any 
statute or regulation that the Secretary administers in connection with 
the obligation by the Secretary or the use by the recipient of these 
funds (except for requirements related to fair housing, 
nondiscrimination, labor standards, and the environment), if the 
Secretary finds that good cause exists for the waiver or alternative 
requirement and such waiver or alternative requirement would not be 
inconsistent with the overall purpose of title I of the Housing and 
Community Development Act of 1974:  Provided further, That, 
notwithstanding the preceding proviso, recipients of funds provided 
under this heading that use such funds to supplement Federal assistance 
provided under section 402, 403, 404, 406, 407, 408(c)(4), or 502 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.) may adopt, without review or public comment, any 
environmental review, approval, or permit performed by a Federal agency, 
and such adoption shall satisfy the responsibilities of the recipient 
with respect to such environmental review, approval or permit:  Provided 
further, That, notwithstanding section 104(g)(2) of the Housing and 
Community Development Act of 1974 (42 U.S.C. 5304(g)(2)), the Secretary 
may, upon receipt of a request for release of funds and certification, 
immediately approve the release of funds for an activity or project 
assisted under this heading if the recipient has adopted an 
environmental review, approval or permit under the preceding proviso or 
the activity or project is categorically excluded from review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.):  
Provided further, That the Secretary <<NOTE: Notice. Federal 
Register, publication. Deadline.>>  shall publish via notice in the 
Federal Register

[[Page 132 STAT. 106]]

any waiver, or alternative requirement, to any statute or regulation 
that the Secretary administers pursuant to title I of the Housing and 
Community Development Act of 1974 no later than 5 days before the 
effective date of such waiver or alternative requirement:  Provided 
further, That the eighth proviso under this heading in the Supplemental 
Appropriations for Disaster Relief Requirements Act, 2017 (division B of 
Public Law 115-56) <<NOTE: 131 Stat. 1138.>>  is amended by inserting 
``408(c)(4),'' after ``407,'':  Provided further, That of the amounts 
made available under this heading, up to $15,000,000 shall be made 
available for capacity building and technical assistance, including 
assistance on contracting and procurement processes, to support States, 
units of general local government, or Indian tribes (and their 
subrecipients) that receive allocations pursuant to this heading, 
received disaster recovery allocations under the same heading in Public 
Law 115-56, or may receive similar allocations for disaster recovery in 
future appropriations Acts:  Provided further, That of the amounts made 
available under this heading, up to $10,000,000 shall be transferred, in 
aggregate, to ``Department of Housing and Urban Development--Program 
Office Salaries and Expenses--Community Planning and Development'' for 
necessary costs, including information technology costs, of 
administering and overseeing the obligation and expenditure of amounts 
under this heading:  Provided further, That the amount specified in the 
preceding proviso shall be combined with funds appropriated under the 
same heading and for the same purpose in Public Law 115-56 and the 
aggregate of such amounts shall be available for any of the purposes 
specified under this heading or the same heading in Public Law 115-56 
without limitation:  Provided further, That, of the funds made available 
under this heading, $10,000,000 shall be transferred to the Office of 
the Inspector General for necessary costs of overseeing and auditing 
funds made available under this heading:  Provided further, That such 
amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985:  Provided further, That 
amounts repurposed pursuant to this section that were previously 
designated by the Congress as an emergency requirement pursuant to the 
Balanced Budget and Emergency Deficit Control Act are designated by the 
Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

     General Provisions--Department of Housing and Urban Development

    Sec. 21102.  Any funds made available under the heading ``Community 
Development Fund'' under this subdivision that remain available, after 
the other funds under such heading have been allocated for necessary 
expenses for activities authorized under such heading, shall be used for 
additional mitigation activities in the most impacted and distressed 
areas resulting from a major declared disaster that occurred in 2014, 
2015, 2016 or 2017:  Provided, That such remaining funds shall be 
awarded to grantees of funding provided for disaster relief under the 
heading ``Community Development Fund'' in this subdivision, section 420 
of division L of Public Law 114-113, section 145 of division C of Public 
Law 114-223, section 192 of division C of Public Law 114-223 (as added 
by section 101(3) of division A of Public Law 114-254),

[[Page 132 STAT. 107]]

section 421 of division K of Public Law 115-31, and the same heading in 
division B of Public Law 115-56 subject to the same terms and conditions 
under this subdivision and such Acts respectively:  Provided further, 
That each such grantee shall receive an allocation from such remaining 
funds in the same proportion that the amount of funds such grantee 
received under this subdivision and under the Acts specified in the 
previous proviso bears to the amount of all funds provided to all 
grantees specified in the previous proviso.
    Sec. 21103.  For <<NOTE: Consultation.>>  2018, the Secretary of 
Housing and Urban Development may make temporary adjustments to the 
section 8 housing choice voucher annual renewal funding allocations and 
administrative fee eligibility determinations for public housing 
agencies located in the most impacted and distressed areas in which a 
major Presidentially declared disaster occurred during 2017 under title 
IV of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170 et seq.), to avoid significant adverse funding 
impacts that would otherwise result from the disaster, or to facilitate 
leasing up to a public housing agency's authorized level of units under 
contract (but not to exceed such level), upon request by and in 
consultation with a public housing agency and supported by documentation 
as required by the Secretary that demonstrates the need for the 
adjustment.

                                TITLE XII

                  GENERAL PROVISIONS--THIS SUBDIVISION

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

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

[[Page 132 STAT. 108]]

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

    Sec. 21208. (a) Section 305 of division A of the Additional 
Supplemental Appropriations for Disaster Relief Requirements Act, 2017 
(Public Law 115-72) <<NOTE: 131 Stat. 1227.>>  is amended--
            (1) in subsection (a)--
                    (A) <<NOTE: Deadline.>>  by striking ``(1) Not later 
                than December 31, 2017,'' and inserting ``Not later than 
                March 31, 2018,''; and
                    (B) by striking paragraph (2); and
            (2) in subsection (b), by striking ``receiving funds under 
        this division'' and inserting ``expending more than $10,000,000 
        of funds provided by this division and division B of Public Law 
        115-56 in any one fiscal year''.

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

    (c) <<NOTE: Disaster assistance. Deadline. Guidance. 31 USC 501 
note.>>  In order to proactively prepare for oversight of future 
disaster relief funding, not later than one year after the date of 
enactment of this Act, the Director of the Office of Management and 
Budget shall issue standard guidance for Federal agencies to use in 
designing internal control plans for disaster relief funding. This 
guidance shall leverage existing internal control review processes and 
shall include, at a minimum, the following elements:
            (1) <<NOTE: Criteria.>>  Robust criteria for identifying and 
        documenting incremental risks and mitigating controls related to 
        the funding.
            (2) Guidance for documenting the linkage between the 
        incremental risks related to disaster funding and efforts to 
        address known internal control risks.

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

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

[[Page 132 STAT. 109]]

                    (D) natural and cultural resources;
                    (E) governance and civic institutions;
                    (F) electric power systems and grid restoration;
                    (G) environmental issues, including solid waste 
                facilities; and
                    (H) other infrastructure systems, including repair, 
                restoration, replacement, and improvement of public 
                infrastructure such water and wastewater treatment 
                facilities, communications networks, and transportation 
                infrastructure;
            (2) is consistent with--
                    (A) the Commonwealth's fiscal capacity to provide 
                long-term operation and maintenance of rebuilt or 
                replaced assets;
                    (B) alternative procedures and associated 
                programmatic guidance adopted by the Administrator of 
                the Federal Emergency Management Agency pursuant to 
                section 428 of the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5189f); and
                    (C) actions as may be necessary to mitigate 
                vulnerabilities to future extreme weather events and 
                natural disasters and increase community resilience, 
                including encouraging the adoption and enforcement of 
                the latest published editions of relevant consensus-
                based codes, specifications, and standards that 
                incorporate the latest hazard-resistant designs and 
                establish minimum acceptable criteria for the design, 
                construction, and maintenance of residential structures 
                and facilities for the purpose of protecting the health, 
                safety, and general welfare of the buildings' users 
                against disasters;
            (3) promotes transparency and accountability through 
        appropriate public notification, outreach, and hearings;
            (4) identifies performance metrics for assessing and 
        reporting on the progress toward achieving the Commonwealth's 
        recovery goals, as identified under paragraph (1);
            (5) is developed in coordination with the Oversight Board 
        established under PROMESA; and
            (6) <<NOTE: Certification.>>  is certified by that Oversight 
        Board to be consistent with the purpose set forth in section 
        101(a) of PROMESA (48 U.S.C. 2121(a)).

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

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

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

[[Page 132 STAT. 110]]

    (e) Amounts made available by this subdivision to a covered 
territory for response to or recovery from Hurricane Irma or Hurricane 
Maria in an aggregate amount greater than $10,000,000 may be reviewed by 
the Oversight Board under the Oversight Board's authority under 
204(b)(2) of PROMESA (48 U.S.C. 2144(b)(2)).
    (f) <<NOTE: Assessments.>>  When developing a Fiscal Plan while the 
recovery plan required under subsection (a) is in development and in 
effect, the Oversight Board shall use and incorporate, to the greatest 
extent feasible, damage assessments prepared pursuant to Federal law.

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

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

                        TITLE I--CALIFORNIA FIRES

SEC. 20101. DEFINITIONS.

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

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

[[Page 132 STAT. 111]]

                    (B) Treatment of plan distributions.--If a 
                distribution to an individual would (without regard to 
                subparagraph (A)) be a qualified wildfire distribution, 
                a plan shall not be treated as violating any requirement 
                of the Internal Revenue Code of 1986 merely because the 
                plan treats such distribution as a qualified wildfire 
                distribution, unless the aggregate amount of such 
                distributions from all plans maintained by the employer 
                (and any member of any controlled group which includes 
                the employer) to such individual exceeds $100,000.
                    (C) <<NOTE: Definition.>>  Controlled group.--For 
                purposes of subparagraph (B), the term ``controlled 
                group'' means any group treated as a single employer 
                under subsection (b), (c), (m), or (o) of section 414 of 
                the Internal Revenue Code of 1986.
            (3) Amount distributed may be repaid.--
                    (A) <<NOTE: Time period. Effective date.>>  In 
                general.--Any individual who receives a qualified 
                wildfire distribution may, at any time during the 3-year 
                period beginning on the day after the date on which such 
                distribution was received, make one or more 
                contributions in an aggregate amount not to exceed the 
                amount of such distribution to an eligible retirement 
                plan of which such individual is a beneficiary and to 
                which a rollover contribution of such distribution could 
                be made under section 402(c), 403(a)(4), 403(b)(8), 
                408(d)(3), or 457(e)(16), of the Internal Revenue Code 
                of 1986, as the case may be.
                    (B) Treatment of repayments of distributions from 
                eligible retirement plans other than iras.-- 
                <<NOTE: Deadline.>> For purposes of the Internal Revenue 
                Code of 1986, if a contribution is made pursuant to 
                subparagraph (A) with respect to a qualified wildfire 
                distribution from an eligible retirement plan other than 
                an individual retirement plan, then the taxpayer shall, 
                to the extent of the amount of the contribution, be 
                treated as having received the qualified wildfire 
                distribution in an eligible rollover distribution (as 
                defined in section 402(c)(4) of such Code) and as having 
                transferred the amount to the eligible retirement plan 
                in a direct trustee to trustee transfer within 60 days 
                of the distribution.
                    (C) Treatment of repayments for distributions from 
                iras.--For purposes <<NOTE: Deadline.>>  of the Internal 
                Revenue Code of 1986, if a contribution is made pursuant 
                to subparagraph (A) with respect to a qualified wildfire 
                distribution from an individual retirement plan (as 
                defined by section 7701(a)(37) of such Code), then, to 
                the extent of the amount of the contribution, the 
                qualified wildfire distribution shall be treated as a 
                distribution described in section 408(d)(3) of such Code 
                and as having been transferred to the eligible 
                retirement plan in a direct trustee to trustee transfer 
                within 60 days of the distribution.
            (4) Definitions.--For purposes of this subsection--
                    (A) <<NOTE: Time periods.>>  Qualified wildfire 
                distribution.--Except as provided in paragraph (2), the 
                term ``qualified wildfire distribution'' means any 
                distribution from an eligible retirement plan made on or 
                after October 8, 2017, and before January 1, 2019, to an 
                individual whose principal place of abode during any 
                portion of the period from October 8, 2017,

[[Page 132 STAT. 112]]

                to December 31, 2017, is located in the California 
                wildfire disaster area and who has sustained an economic 
                loss by reason of the wildfires to which the declaration 
                of such area relates.
                    (B) Eligible retirement plan.--The term ``eligible 
                retirement plan'' shall have the meaning given such term 
                by section 402(c)(8)(B) of the Internal Revenue Code of 
                1986.
            (5) Income inclusion spread over 3-year period.--
                    (A) In general.--In the case of any qualified 
                wildfire distribution, unless the taxpayer elects not to 
                have this paragraph apply for any taxable year, any 
                amount required to be included in gross income for such 
                taxable year shall be so included ratably over the 3-
                taxable-year period beginning with such taxable year.
                    (B) <<NOTE: Applicability.>>  Special rule.--For 
                purposes of subparagraph (A), rules similar to the rules 
                of subparagraph (E) of section 408A(d)(3) of the 
                Internal Revenue Code of 1986 shall apply.
            (6) Special rules.--
                    (A) Exemption of distributions from trustee to 
                trustee transfer and withholding rules.--For purposes of 
                sections 401(a)(31), 402(f), and 3405 of the Internal 
                Revenue Code of 1986, qualified wildfire distributions 
                shall not be treated as eligible rollover distributions.
                    (B) Qualified wildfire distributions treated as 
                meeting plan distribution requirements.--For purposes 
                the Internal Revenue Code of 1986, a qualified wildfire 
                distribution shall be treated as meeting the 
                requirements of sections 401(k)(2)(B)(i), 
                403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) of such 
                Code.

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

[[Page 132 STAT. 113]]

                    (C) which was to be used to purchase or construct a 
                principal residence in the California wildfire disaster 
                area but which was not so purchased or constructed on 
                account of the wildfires to which the declaration of 
                such area relates.

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

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

[[Page 132 STAT. 114]]

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

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

[[Page 132 STAT. 115]]

                    (A) beginning on the date on which the trade or 
                business described in paragraph (1) first became 
                inoperable at the principal place of employment of the 
                employee immediately before the wildfires to which the 
                declaration of the California wildfire disaster area 
                relates, and
                    (B) ending on the date on which such trade or 
                business has resumed significant operations at such 
                principal place of employment.
        Such term shall include wages paid without regard to whether the 
        employee performs no services, performs services at a different 
        place of employment than such principal place of employment, or 
        performs services at such principal place of employment before 
        significant operations have resumed.

    (c) Certain Rules To Apply.--For purposes of this section, rules 
similar to the rules of sections 51(i)(1), 52, and 280C(a) of the 
Internal Revenue Code of 1986, shall apply.
    (d) Employee Not Taken Into Account More Than Once.--An employee 
shall not be treated as an eligible employee for purposes of this 
section for any period with respect to any employer if such employer is 
allowed a credit under section 51 of the Internal Revenue Code of 1986 
with respect to such employee for such period.
SEC. 20104. <<NOTE: Applicability. Definitions. Time periods.>>  
                            ADDITIONAL DISASTER-RELATED TAX RELIEF 
                            PROVISIONS.

    (a) Temporary Suspension of Limitations on Charitable 
Contributions.--
            (1) In general.--Except as otherwise provided in paragraph 
        (2), subsection (b) of section 170 of the Internal Revenue Code 
        of 1986 shall not apply to qualified contributions and such 
        contributions shall not be taken into account for purposes of 
        applying subsections (b) and (d) of such section to other 
        contributions.
            (2) Treatment of excess contributions.--For purposes of 
        section 170 of the Internal Revenue Code of 1986--
                    (A) Individuals.--In the case of an individual--
                          (i) Limitation.--Any qualified contribution 
                      shall be allowed only to the extent that the 
                      aggregate of such contributions does not exceed 
                      the excess of the taxpayer's contribution base (as 
                      defined in subparagraph (H) of section 170(b)(1) 
                      of such Code) over the amount of all other 
                      charitable contributions allowed under section 
                      170(b)(1) of such Code.
                          (ii) Carryover.--If the aggregate amount of 
                      qualified contributions made in the contribution 
                      year (within the meaning of section 170(d)(1) of 
                      such Code) exceeds the limitation of clause (i), 
                      such excess shall be added to the excess described 
                      in the portion of subparagraph (A) of such section 
                      which precedes clause (i) thereof for purposes of 
                      applying such section.
                    (B) Corporations.--In the case of a corporation--
                          (i) Limitation.--Any qualified contribution 
                      shall be allowed only to the extent that the 
                      aggregate of such contributions does not exceed 
                      the excess of the taxpayer's taxable income (as 
                      determined under paragraph (2) of section 170(b) 
                      of such Code) over the amount of all other 
                      charitable contributions allowed under such 
                      paragraph.

[[Page 132 STAT. 116]]

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

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

[[Page 132 STAT. 117]]

                    (C) the standard deduction determined under section 
                63(c) of such Code shall be increased by the net 
                disaster loss, and
                    (D) section 56(b)(1)(E) of such Code shall not apply 
                to so much of the standard deduction as is attributable 
                to the increase under subparagraph (C) of this 
                paragraph.
            (2) Net disaster loss.--For purposes of this subsection, the 
        term ``net disaster loss'' means the excess of qualified 
        disaster-related personal casualty losses over personal casualty 
        gains (as defined in section 165(h)(3)(A) of the Internal 
        Revenue Code of 1986).
            (3) Qualified disaster-related personal casualty losses.--
        For purposes of this subsection, the term ``qualified disaster-
        related personal casualty losses'' means losses described in 
        section 165(c)(3) of the Internal Revenue Code of 1986 which 
        arise in the California wildfire disaster area on or after 
        October 8, 2017, and which are attributable to the wildfires to 
        which the declaration of such area relates.

    (c) Special Rule for Determining Earned Income.--
            (1) In general.--In the case of a qualified individual, if 
        the earned income of the taxpayer for the taxable year which 
        includes any portion of the period from October 8, 2017, to 
        December 31, 2017, is less than the earned income of the 
        taxpayer for the preceding taxable year, the credits allowed 
        under sections 24(d) and 32 of the Internal Revenue Code of 1986 
        may, at the election of the taxpayer, be determined by 
        substituting--
                    (A) such earned income for the preceding taxable 
                year, for
                    (B) such earned income for the taxable year which 
                includes any portion of the period from October 8, 2017, 
                to December 31, 2017.
            (2) Qualified individual.--For purposes of this subsection, 
        the term ``qualified individual'' means any individual whose 
        principal place of abode during any portion of the period from 
        October 8, 2017, to December 31, 2017, was located--
                    (A) in the California wildfire disaster zone, or
                    (B) in the California wildfire disaster area (but 
                outside the California wildfire disaster zone) and such 
                individual was displaced from such principal place of 
                abode by reason of the wildfires to which the 
                declaration of such area relates.
            (3) Earned income.--For purposes of this subsection, the 
        term ``earned income'' has the meaning given such term under 
        section 32(c) of the Internal Revenue Code of 1986.
            (4) Special rules.--
                    (A) Application to joint returns.--For purposes of 
                paragraph (1), in the case of a joint return for a 
                taxable year which includes any portion of the period 
                from October 8, 2017, to December 31, 2017--
                          (i) such paragraph shall apply if either 
                      spouse is a qualified individual, and
                          (ii) the earned income of the taxpayer for the 
                      preceding taxable year shall be the sum of the 
                      earned income of each spouse for such preceding 
                      taxable year.
                    (B) Uniform application of election.--Any election 
                made under paragraph (1) shall apply with respect to 
                both

[[Page 132 STAT. 118]]

                sections 24(d) and 32, of the Internal Revenue Code of 
                1986.
                    (C) Errors treated as mathematical error.--For 
                purposes of section 6213 of the Internal Revenue Code of 
                1986, an incorrect use on a return of earned income 
                pursuant to paragraph (1) shall be treated as a 
                mathematical or clerical error.
                    (D) No effect on determination of gross income, 
                etc.--Except as otherwise provided in this subsection, 
                the Internal Revenue Code of 1986 shall be applied 
                without regard to any substitution under paragraph (1).

       TITLE II--TAX RELIEF FOR HURRICANES HARVEY, IRMA, AND MARIA

SEC. 20201. TAX RELIEF FOR HURRICANES HARVEY, IRMA, AND MARIA.

    (a) Modification of Hurricanes Harvey and Irma Disaster Areas.--
Subsections (a)(2) and (b)(2) of section 501 of the Disaster Tax Relief 
and Airport and Airway Extension Act of 2017 (Public Law 115-63; 131 
Stat. 1173) are both amended by striking ``September 21, 2017'' and 
inserting ``October 17, 2017''.
    (b) Employee Retention Credit.--Subsections (a)(3), (b)(3), and 
(c)(3) of section 503 of the Disaster Tax Relief and Airport and Airway 
Extension Act of 2017 (Public Law 115-63; 131 Stat. 1181) are each 
amended by striking ``sections 51(i)(1) and 52'' and inserting 
``sections 51(i)(1), 52, and 280C(a)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect as if included in the provisions of title V of the Disaster Tax 
Relief and Airport and Airway Extension Act of 2017 to which such 
amendments relate.

TITLE III--HURRICANE MARIA RELIEF FOR PUERTO RICO AND THE VIRGIN ISLANDS 
                            MEDICAID PROGRAMS

SEC. 20301. HURRICANE MARIA RELIEF FOR PUERTO RICO AND THE VIRGIN 
                            ISLANDS MEDICAID PROGRAMS.

    (a) Increased Caps.--Section 1108(g)(5) of the Social Security Act 
(42 U.S.C. 1308(g)(5)) is amended--
            (1) in subparagraph (A), by striking ``subparagraph (B)'' 
        and inserting ``subparagraphs (B), (C), (D), and (E)''; and
            (2) by adding at the end the following new subparagraphs:
            ``(C) <<NOTE: Time period.>>  Subject to subparagraphs (D) 
        and (E), for the period beginning January 1, 2018, and ending 
        September 30, 2019--
                    ``(i) the amount of the increase otherwise provided 
                under subparagraphs (A) and (B) for Puerto Rico shall be 
                further increased by $3,600,000,000; and
                    ``(ii) the amount of the increase otherwise provided 
                under subparagraph (A) for the Virgin Islands shall be 
                further increased by $106,931,000.
            ``(D) <<NOTE: Certifications.>>  For the period described in 
        subparagraph (C), the amount of the increase otherwise provided 
        under subparagraph (A)--

[[Page 132 STAT. 119]]

                    ``(i) for Puerto Rico shall be further increased by 
                $1,200,000,000 if the Secretary certifies that Puerto 
                Rico has taken reasonable and appropriate steps during 
                such period, in accordance with a timeline established 
                by the Secretary, to--
                          ``(I) implement methods, satisfactory to the 
                      Secretary, for the collection and reporting of 
                      reliable data to the Transformed Medicaid 
                      Statistical Information System (T-MSIS) (or a 
                      successor system); and
                          ``(II) demonstrate progress in establishing a 
                      State medicaid fraud control unit described in 
                      section 1903(q); and
                    ``(ii) for the Virgin Islands shall be further 
                increased by $35,644,000 if the Secretary certifies that 
                the Virgin Islands has taken reasonable and appropriate 
                steps during such period, in accordance with a timeline 
                established by the Secretary, to meet the conditions for 
                certification specified in subclauses (I) and (II) of 
                clause (i).
            ``(E) Notwithstanding any other provision of title XIX, 
        during the period in which the additional funds provided under 
        subparagraphs (C) and (D) are available for Puerto Rico and the 
        Virgin Islands, respectively, with respect to payments from such 
        additional funds for amounts expended by Puerto Rico and the 
        Virgin Islands under such title, the Secretary shall increase 
        the Federal medical assistance percentage or other rate that 
        would otherwise apply to such payments to 100 percent.''.

    (b) Disregard of Certain Expenditures From Spending Cap.--Section 
1108(g)(4) of the Social Security Act (42 U.S.C. 1308(g)(4)) is 
amended--
            (1) by inserting ``for a calendar quarter of such fiscal 
        year,'' after ``section 1903(a)(3)''; and
            (2) by striking ``of such fiscal year for a calendar quarter 
        of such fiscal year,'' and inserting ``of such fiscal year, and 
        with respect to fiscal years beginning with fiscal year 2018, if 
        the Virgin Islands qualifies for a payment under section 
        1903(a)(6) for a calendar quarter (beginning on or after January 
        1, 2018) of such fiscal year,''.

    (c) Report to Congress.--Not later than July 1, 2018, the Secretary 
of Health and Human Services shall submit a report to the Committee on 
Energy and Commerce of the House of Representatives and the Committee on 
Finance of the Senate that--
            (1) describes the steps taken by Puerto Rico and the Virgin 
        Islands to meet the conditions for certification specified in 
        clauses (i) and (ii), respectively, of section 1108(g)(5)(D) of 
        the Social Security Act (42 U.S.C. 1308(g)(5)(D)) (as amended by 
        subsection (a) of this section); and
            (2) specifies timelines for each such territory to, as a 
        condition of eligibility for any additional increases in the 
        amounts determined for Puerto Rico or the Virgin Islands, 
        respectively, under subsection (g) of section 1108 of such Act 
        (42 U.S.C. 1308) for purposes of payments under title XIX of 
        such Act for fiscal year 2019, complete--
                    (A) implementation of methods, satisfactory to the 
                Secretary, for the collection and reporting of reliable 
                data to the Transformed Medicaid Statistical Information 
                System (T-MSIS) (or a successor system); and

[[Page 132 STAT. 120]]

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

                       TITLE IV--BUDGETARY EFFECTS

SEC. 20401. EMERGENCY DESIGNATION.

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

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

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

    Sec. 20101. <<NOTE: 131 Stat. 1141.>>   The Continuing 
Appropriations Act, 2018 (division D of Public Law 115-56) is further 
amended by--
            (1) striking the date specified in section 106(3) and 
        inserting ``March 23, 2018''; and
            (2) inserting after section 155 <<NOTE: Ante, p. 30.>>  the 
        following new sections:

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

    ``Sec. 158. <<NOTE: 42 USC 6241 note.>>   As authorized by section 
404 of the Bipartisan Budget Act of 2015 (Public Law 114-74; 42 U.S.C. 
6239 note), the Secretary of Energy shall draw down and sell not to 
exceed $350,000,000 of crude oil from the Strategic Petroleum Reserve in 
fiscal year 2018:  Provided, That the proceeds from such drawdown and 
sale shall be deposited into the `Energy Security and Infrastructure 
Modernization Fund' (in this section referred to as the `Fund') during 
fiscal year 2018:  Provided further, That in addition to amounts 
otherwise made available by section 101, any amounts deposited in the 
Fund shall be made available and shall remain available until expended 
at a rate for operations of $350,000,000, for necessary expenses in 
carrying out the Life Extension II project for the Strategic Petroleum 
Reserve.

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

[[Page 132 STAT. 121]]

    ``Sec. 160.  Section 144 of the Continuing Appropriations Act, 2018 
(division D of Public Law 115-56), as amended by the Further Additional 
Continuing Appropriations Act, 2018 (division A of Public Law 115-
96) <<NOTE: 131 Stat. 2044.>> , is amended by (1) striking `$11,761,000' 
and inserting `$22,247,000', and (2) striking `$1,104,000' and inserting 
`$1,987,000'.

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

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

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

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

[[Page 132 STAT. 122]]

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

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

                 DIVISION C--BUDGETARY AND OTHER MATTERS

SEC. 30001. TABLE OF CONTENTS.

    The table of contents for this division is as follows:

                 DIVISION C--BUDGETARY AND OTHER MATTERS

Sec. 30001. Table of contents.

                       TITLE I--BUDGET ENFORCEMENT

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

                            TITLE II--OFFSETS

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

           TITLE III--TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT

Sec. 30301. Temporary extension of public debt limit.

                    TITLE IV--JOINT SELECT COMMITTEES

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

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

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

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

                       TITLE I--BUDGET ENFORCEMENT

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

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

[[Page 132 STAT. 123]]

            ``(6) for fiscal year 2019--
                    ``(A) for the revised security category, 
                $647,000,000,000 in new budget authority; and
                    ``(B) for the revised nonsecurity category, 
                $597,000,000,000 in new budget authority;''.

    (b) Direct Spending Adjustments for Fiscal Years 2018 and 2019.--
Section 251A of the Balanced Budget and Emergency Deficit Control Act of 
1985 (2 U.S.C. 901a), is amended--
            (1) in paragraph (5)(B), in the matter preceding clause (i), 
        by striking ``and (11)'' and inserting ``, (11), and (12)''; and
            (2) by adding at the end the following:
            ``(12) Implementing direct spending reductions for fiscal 
        years 2018 and 2019.--(A) OMB shall make the calculations 
        necessary to implement the direct spending reductions calculated 
        pursuant to paragraphs (3) and (4) without regard to the 
        amendment made to section 251(c) revising the discretionary 
        spending limits for fiscal years 2018 and 2019 by the Bipartisan 
        Budget Act of 2018.
            ``(B) Paragraph (5)(B) shall not be implemented for fiscal 
        years 2018 and 2019.''.

    (c) Extension of Direct Spending Reductions Through Fiscal Year 
2027.--Section 251A(6) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (2 U.S.C. 901a(6)) is amended--
            (1) in subparagraph (B), in the matter preceding clause (i), 
        by striking ``for fiscal year 2022, for fiscal year 2023, for 
        fiscal year 2024, and for fiscal year 2025'' and inserting ``for 
        each of fiscal years 2022 through 2027''; and
            (2) in subparagraph (C), in the matter preceding clause (i), 
        by striking ``fiscal year 2025'' and inserting ``fiscal year 
        2027''.
SEC. 30102. BALANCES ON THE PAYGO SCORECARDS.

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

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

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

[[Page 132 STAT. 124]]

            (2) for all committees other than the Committee on 
        Appropriations, committee allocations for fiscal years 2019, 
        2019 through 2023, and 2019 through 2028 consistent with the 
        most recent baseline of the Congressional Budget Office, as 
        adjusted for the budgetary effects of any provision of law 
        enacted during the period beginning on the date such baseline is 
        issued and ending on the date of submission of such statement, 
        for the purposes of enforcing section 302 of the Congressional 
        Budget Act of 1974 (2 U.S.C. 633);
            (3) aggregate spending levels for fiscal year 2019 in 
        accordance with the allocations established under paragraphs (1) 
        and (2), for the purpose of enforcing section 311 of the 
        Congressional Budget Act of 1974 (2 U.S.C. 642);
            (4) aggregate revenue levels for fiscal years 2019, 2019 
        through 2023, and 2019 through 2028 consistent with the most 
        recent baseline of the Congressional Budget Office, as adjusted 
        for the budgetary effects of any provision of law enacted during 
        the period beginning on the date such baseline is issued and 
        ending on the date of submission of such statement, for the 
        purpose of enforcing section 311 of the Congressional Budget Act 
        of 1974 (2 U.S.C. 642); and
            (5) levels of Social Security revenues and outlays for 
        fiscal years 2019, 2019 through 2023, and 2019 through 2028 
        consistent with the most recent baseline of the Congressional 
        Budget Office, as adjusted for the budgetary effects of any 
        provision of law enacted during the period beginning on the date 
        such baseline is issued and ending on the date of submission of 
        such statement, for the purpose of enforcing sections 302 and 
        311 of the Congressional Budget Act of 1974 (2 U.S.C. 633 and 
        642).

    (c) Additional Matter.--The filing referred to in subsection (b) may 
also include for fiscal year 2019 the deficit-neutral reserve funds 
contained in title III of H. Con. Res. 71 (115th Congress) updated by 
one fiscal year.
    (d) Expiration.--This section shall expire if a concurrent 
resolution on the budget for fiscal year 2019 is agreed to by the Senate 
and the House of Representatives pursuant to section 301 of the 
Congressional Budget Act of 1974 (2 U.S.C. 632).
SEC. 30104. AUTHORITY FOR FISCAL YEAR 2019 BUDGET RESOLUTION IN 
                            THE HOUSE OF REPRESENTATIVES.

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

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

[[Page 132 STAT. 125]]

        Budget and Emergency Deficit Control Act of 1985, as amended by 
        this Act, and the outlays flowing therefrom, and committee 
        allocations for fiscal year 2019 for current law mandatory 
        budget authority and outlays, for the purpose of enforcing 
        section 302 of the Congressional Budget Act of 1974;
            (2) for all committees other than the Committee on 
        Appropriations, committee allocations for fiscal year 2019 and 
        for the period of fiscal years 2019 through 2028 at the levels 
        included in the most recent baseline of the Congressional Budget 
        Office, as adjusted for the budgetary effects of any provision 
        of law enacted during the period beginning on the date such 
        baseline is issued and ending on the date of submission of such 
        statement, for the purpose of enforcing section 302 of the 
        Congressional Budget Act of 1974; and
            (3) aggregate spending levels for fiscal year 2019 and 
        aggregate revenue levels for fiscal year 2019 and for the period 
        of fiscal years 2019 through 2028, at the levels included in the 
        most recent baseline of the Congressional Budget Office, as 
        adjusted for the budgetary effects of any provision of law 
        enacted during the period beginning on the date such baseline is 
        issued and ending on the date of submission of such statement, 
        for the purpose of enforcing section 311 of the Congressional 
        Budget Act of 1974.

    (c) Additional Matter.--The statement referred to in subsection (b) 
may also include for fiscal year 2019, the matter contained in the 
provisions referred to in subsection (f)(1).
    (d) Fiscal Year 2019 Allocation to the Committee on 
Appropriations.--If the statement <<NOTE: Deadline. Congressional 
Record, publication.>>  referred to in subsection (b) is not filed by 
May 15, 2018, then the matter referred to in subsection (b)(1) shall be 
submitted by the Chair of the Committee on the Budget for publication in 
the Congressional Record on the next day that the House of 
Representatives is in session.

    (e) Adjustments.--The chair of the Committee on the Budget of the 
House of Representatives may adjust the levels included in the statement 
referred to in subsection (b) to reflect the budgetary effects of any 
legislation enacted during the 115th Congress that reduces the deficit 
or as otherwise necessary.
    (f) Application.--Upon submission of the statement referred to in 
subsection (b)--
            (1) all references in sections 5101 through 5112, sections 
        5201 through 5205, section 5301, and section 5401 of House 
        Concurrent Resolution 71 (115th Congress) to a fiscal year shall 
        be considered for all purposes in the House to be references to 
        the succeeding fiscal year; and
            (2) all references in the provisions referred to in 
        paragraph (1) to allocations, aggregates, or other appropriate 
        levels in ``this concurrent resolution'', ``the most recently 
        agreed to concurrent resolution on the budget'', or ``this 
        resolution'' shall be considered for all purposes in the House 
        to be references to the allocations, aggregates, or other 
        appropriate levels contained in the statement referred to in 
        subsection (b), as adjusted.

    (g) Expiration.--Subsections (a) through (f) shall no longer apply 
if a concurrent resolution on the budget for fiscal year 2019 is agreed 
to by the Senate and House of Representatives.

[[Page 132 STAT. 126]]

SEC. 30105. EXERCISE OF RULEMAKING POWERS.

    Sections 30103 and 30104 are enacted by the Congress--
            (1) as an exercise of the rulemaking power of the Senate and 
        the House of Representatives, respectively, and as such they 
        shall be considered as part of the rules of each House, 
        respectively, or of that House to which they specifically apply, 
        and such rules shall supersede other rules only to the extent 
        that they are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        either House to change such rules (so far as relating to such 
        House) at any time, in the same manner, and to the same extent 
        as in the case of any other rule of such House.

                            TITLE II--OFFSETS

SEC. 30201. CUSTOMS USER FEES.

    (a) In General.--Section 13031(j)(3) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
            (1) in subparagraph (A), by striking ``January 14, 2026'' 
        and inserting ``February 24, 2027''; and
            (2) in subparagraph (B)(i), by striking ``September 30, 
        2025'' and inserting ``September 30, 2027''.

    (b) Rate for Merchandise Processing Fees.--Section 503 of the United 
States-Korea Free Trade Agreement Implementation Act (Public Law 112-41; 
19 U.S.C. 3805 note) is amended by striking ``January 14, 2026'' and 
inserting ``February 24, 2027''.
SEC. 30202. AVIATION SECURITY SERVICE FEES.

    Paragraph (4) of section 44940(i) of title 49, United States Code, 
is amended by adding at the end the following new subparagraphs:
                    ``(M) $1,640,000,000 for fiscal year 2026.
                    ``(N) $1,680,000,000 for fiscal year 2027.''.
SEC. 30203. EXTENSION OF CERTAIN IMMIGRATION FEES.

    (a) Visa Waiver Program.--Section 217(h)(3)(B)(iii) of the 
Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B)(iii)) is amended 
by striking ``September 30, 2020'' and inserting ``September 30, 2027''.
    (b) L-1 and H-1b Visas.--Section 411 of the Air Transportation 
Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended by 
striking ``September 30, 2025'' each place it appears and inserting 
``September 30, 2027''.
SEC. 30204. STRATEGIC PETROLEUM RESERVE DRAWDOWN.

    (a) <<NOTE: 42 USC 6241 note.>>  Drawdown and Sale.--
            (1) In general.--Notwithstanding section 161 of the Energy 
        Policy and Conservation Act (42 U.S.C. 6241), except as provided 
        in subsection (b), the Secretary of Energy shall draw down and 
        sell from the Strategic Petroleum Reserve--
                    (A) 30,000,000 barrels of crude oil during the 
                period of fiscal years 2022 through 2025;
                    (B) 35,000,000 barrels of crude oil during fiscal 
                year 2026; and
                    (C) 35,000,000 barrels of crude oil during fiscal 
                year 2027.

[[Page 132 STAT. 127]]

            (2) Deposit of amounts received from sale.--Amounts received 
        from a sale under paragraph (1) shall be deposited in the 
        general fund of the Treasury during the fiscal year in which the 
        sale occurs.

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

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

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

    (a) In General.--Title III of the Social Security Act (42 U.S.C. 501 
et seq.) is amended by adding at the end the following:
``SEC. 306. <<NOTE: 42 USC 506.>>  GRANTS TO STATES FOR 
                        REEMPLOYMENT SERVICES AND ELIGIBILITY 
                        ASSESSMENTS.

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

[[Page 132 STAT. 128]]

        et seq.) of increased program integration and service delivery 
        for job seekers, including claimants for unemployment 
        compensation.
            ``(4) To establish reemployment services and eligibility 
        assessments as an entry point for individuals receiving 
        unemployment compensation into other workforce system partner 
        programs.

    ``(c) Evidence-based Standards.--
            ``(1) In general.--In carrying out a State program of 
        reemployment services and eligibility assessments using grant 
        funds awarded to the State under this section, a State shall use 
        such funds only for interventions demonstrated to reduce the 
        number of weeks for which program participants receive 
        unemployment compensation by improving employment outcomes for 
        program participants.
            ``(2) <<NOTE: Time period.>>  Expanding evidence-based 
        interventions.--In addition to the requirement imposed by 
        paragraph (1), a State shall--
                    ``(A) for fiscal years 2023 and 2024, use no less 
                than 25 percent of the grant funds awarded to the State 
                under this section for interventions with a high or 
                moderate causal evidence rating that show a demonstrated 
                capacity to improve employment and earnings outcomes for 
                program participants;
                    ``(B) for fiscal years 2025 and 2026, use no less 
                than 40 percent of such grant funds for interventions 
                described in subparagraph (A); and
                    ``(C) <<NOTE: Effective date.>>  for fiscal years 
                beginning after fiscal year 2026, use no less than 50 
                percent of such grant funds for interventions described 
                in subparagraph (A).

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

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

[[Page 132 STAT. 129]]

                      failing to adhere to such requirements, including 
                      policies related to non-attendance or non-
                      fulfillment of work search requirements; and
                          ``(ii) reasonable scheduling accommodations to 
                      maximize participation for eligible individuals;
                    ``(B) assurances that, and a description of how, the 
                program will conform with the purposes outlined in 
                subsection (b) and satisfy the requirement to use 
                evidence-based standards under subsection (c), 
                including--
                          ``(i) a description of the evidence-based 
                      interventions the State plans to use to speed 
                      reemployment;
                          ``(ii) an explanation of how such 
                      interventions are appropriate to the population 
                      served; and
                          ``(iii) if applicable, a description of the 
                      evaluation structure the State plans to use for 
                      interventions without at least a moderate or high 
                      causal evidence rating, which may include national 
                      evaluations conducted by the Department of Labor 
                      or by other entities; and
                    ``(C) a description of any reemployment activities 
                and evaluations conducted in the prior fiscal year, and 
                any data collected on--
                          ``(i) characteristics of program participants;
                          ``(ii) the number of weeks for which program 
                      participants receive unemployment compensation; 
                      and
                          ``(iii) employment and other outcomes for 
                      program participants consistent with State 
                      performance accountability measures provided by 
                      the State unemployment compensation program and in 
                      section 116(b) of the Workforce Innovation and 
                      Opportunity Act (29 U.S.C. 3141(b)).
            ``(2) Approval.--The Secretary shall approve any State plan, 
        that is timely submitted to the Secretary, in such manner as the 
        Secretary may require, that satisfies the conditions described 
        in paragraph (1).
            ``(3) <<NOTE: Determination.>>  Disapproval and revision.--
        If the Secretary determines that a State plan submitted pursuant 
        to this subsection fails to satisfy the conditions described in 
        paragraph (1), the Secretary shall--
                    ``(A) disapprove such plan;
                    ``(B) <<NOTE: Deadline. Notice.>>  provide to the 
                State, not later than 30 days after the date of receipt 
                of the State plan, a written notice of such disapproval 
                that includes a description of any portion of the plan 
                that was not approved and the reason for the disapproval 
                of each such portion; and
                    ``(C) provide the State with an opportunity to 
                correct any such failure and submit a revised State 
                plan.

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

[[Page 132 STAT. 130]]

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

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

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

[[Page 132 STAT. 131]]

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

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

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

[[Page 132 STAT. 132]]

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

           TITLE III--TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT

SEC. 30301. <<NOTE: 31 USC 3101 note. Time period.>>  TEMPORARY 
                            EXTENSION OF PUBLIC DEBT LIMIT.

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

[[Page 132 STAT. 133]]

in effect under section 3101(b) of title 31, United States Code, shall 
be increased to the extent that--
            (1) the face amount of obligations issued under chapter 31 
        of such title and the face amount of obligations whose principal 
        and interest are guaranteed by the United States Government 
        (except guaranteed obligations held by the Secretary of the 
        Treasury) outstanding on March 2, 2019, exceeds
            (2) the face amount of such obligations outstanding on the 
        date of the enactment of this Act.

    (c) Restoring Congressional Authority Over the National Debt.--
            (1) Extension limited to necessary obligations.--An 
        obligation shall not be taken into account under subsection 
        (b)(1) unless the issuance of such obligation was necessary to 
        fund a commitment incurred pursuant to law by the Federal 
        Government that required payment before March 2, 2019.
            (2) Prohibition on creation of cash reserve during extension 
        period.--The Secretary of the Treasury shall not issue 
        obligations during the period specified in subsection (a) for 
        the purpose of increasing the cash balance above normal 
        operating balances in anticipation of the expiration of such 
        period.

                    TITLE IV--JOINT SELECT COMMITTEES

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

SEC. 30421. DEFINITIONS.

    In this subtitle--
            (1) the term ``joint committee'' means the Joint Select 
        Committee on Solvency of Multiemployer Pension Plans established 
        under section 30422(a); and
            (2) the term ``joint committee bill'' means a bill 
        consisting of the proposed legislative language of the joint 
        committee recommended in accordance with section 
        30422(b)(2)(B)(ii) and introduced under section 30424(a).
SEC. 30422. ESTABLISHMENT OF JOINT SELECT COMMITTEE.

    (a) Establishment of Joint Select Committee.--There is established a 
joint select committee of Congress to be known as the ``Joint Select 
Committee on Solvency of Multiemployer Pension Plans''.
    (b) Implementation.--
            (1) Goal.--The goal of the joint committee is to improve the 
        solvency of multiemployer pension plans and the Pension Benefit 
        Guaranty Corporation.
            (2) Duties.--
                    (A) <<NOTE: Recommenda- tions.>>  In general.--The 
                joint committee shall provide recommendations and 
                legislative language that will significantly improve the 
                solvency of multiemployer pension plans and the Pension 
                Benefit Guaranty Corporation.
                    (B) Report, recommendations, and legislative 
                language.--

[[Page 132 STAT. 134]]

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

[[Page 132 STAT. 135]]

                    (A) In general.--The joint committee shall be 
                composed of 16 members appointed pursuant to 
                subparagraph (B).
                    (B) Appointment.--Members of the joint committee 
                shall be appointed as follows:
                          (i) The Speaker of the House of 
                      Representatives shall appoint 4 members from among 
                      Members of the House of Representatives.
                          (ii) The Minority Leader of the House of 
                      Representatives shall appoint 4 members from among 
                      Members of the House of Representatives.
                          (iii) The Majority Leader of the Senate shall 
                      appoint 4 members from among Members of the 
                      Senate.
                          (iv) The Minority Leader of the Senate shall 
                      appoint 4 members from among Members of the 
                      Senate.
                    (C) Co-chairs.--Two of the appointed members of the 
                joint committee will serve as co-chairs. The Speaker of 
                the House of Representatives and the Majority Leader of 
                the Senate shall jointly appoint one co-chair, and the 
                Minority Leader of the House of Representatives and the 
                Minority Leader of the Senate shall jointly appoint the 
                second co-chair. <<NOTE: Deadline.>>  The co-chairs 
                shall be appointed not later than 14 calendar days after 
                the date of enactment of this Act.
                    (D) <<NOTE: Deadline.>>  Date.--Members of the joint 
                committee shall be appointed not later than 14 calendar 
                days after the date of enactment of this Act.
                    (E) <<NOTE: Deadline.>>  Period of appointment.--
                Members shall be appointed for the life of the joint 
                committee. Any vacancy in the joint committee shall not 
                affect its powers, but shall be filled not later than 14 
                calendar days after the date on which the vacancy 
                occurs, in the same manner as the original appointment 
                was made. If a member of the joint committee ceases to 
                be a Member of the House of Representatives or the 
                Senate, as the case may be, the member is no longer a 
                member of the joint committee and a vacancy shall exist.
            (4) Administration.--
                    (A) <<NOTE: Time periods.>>  General authority.--For 
                purposes of enabling the joint committee to exercise its 
                powers, functions, and duties under this subtitle, and 
                consistent with the Standing Rules of the Senate, there 
                is authorized from the date of enactment of this Act 
                through February 28, 2019, $500,000 to be allocated--
                          (i) in total during the period October 1, 2017 
                      through September 30, 2018; and
                          (ii) any remaining amounts shall be carried 
                      forward for the period October 1, 2018 through 
                      February 28, 2019.
                    (B) Expenses.--Expenses of the joint committee shall 
                be paid from the contingent fund of the Senate upon 
                vouchers approved by the co-chairs, subject to the rules 
                and regulations of the Senate.
                    (C) Quorum.--Nine members of the joint committee 
                shall constitute a quorum for purposes of voting and

[[Page 132 STAT. 136]]

                meeting, and 5 members of the joint committee shall 
                constitute a quorum for holding hearings.
                    (D) Voting.--No proxy voting shall be allowed on 
                behalf of the members of the joint committee.
                    (E) <<NOTE: Deadlines.>>  Meetings.--
                          (i) Initial meeting.--Not later than 30 
                      calendar days after the date of enactment of this 
                      Act, the joint committee shall hold its first 
                      meeting.
                          (ii) Agenda.--The co-chairs of the joint 
                      committee shall provide an agenda to the joint 
                      committee members not less than 48 hours in 
                      advance of any meeting.
                    (F) Hearings.--
                          (i) In general.--The joint committee may, for 
                      the purpose of carrying out this section, hold 
                      such hearings, sit and act at such times and 
                      places, require attendance of witnesses and 
                      production of books, papers, and documents, take 
                      such testimony, receive such evidence, and 
                      administer such oaths as the joint committee 
                      considers advisable.
                          (ii) Hearing procedures and responsibilities 
                      of co-chairs.--
                                    (I) <<NOTE: Time period.>>  
                                Announcement.--The co-chairs of the 
                                joint committee shall make a public 
                                announcement of the date, place, time, 
                                and subject matter of any hearing to be 
                                conducted, not less than 7 days in 
                                advance of such hearing, unless the co-
                                chairs determine that there is good 
                                cause to begin such hearing at an 
                                earlier date.
                                    (II) Equal representation of 
                                witnesses.--Each co-chair shall be 
                                entitled to select an equal number of 
                                witnesses for each hearing held by the 
                                joint committee.
                                    (III) <<NOTE: Time period.>>  
                                Written statement.--A witness appearing 
                                before the joint committee shall file a 
                                written statement of proposed testimony 
                                at least 2 calendar days before the 
                                appearance of the witness, unless the 
                                requirement is waived by the co-chairs, 
                                following their determination that there 
                                is good cause for failure to comply with 
                                such requirement.
                    (G) Minimum number of public meetings and 
                hearings.--The joint committee shall hold--
                          (i) not less than a total of 5 public meetings 
                      or public hearings; and
                          (ii) not less than 3 public hearings, which 
                      may include field hearings.
                    (H) Technical assistance.--Upon written request of 
                the co-chairs, a Federal agency, including legislative 
                branch agencies, shall provide technical assistance to 
                the joint committee in order for the joint committee to 
                carry out its duties.
                    (I) Staffing.--
                          (i) Details.--Employees of the legislative 
                      branch may be detailed to the joint committee on a 
                      nonreimbursable basis, consistent with the rules 
                      and regulations of the Senate.

[[Page 132 STAT. 137]]

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

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

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

    (a) Introduction.--Upon receipt of proposed legislative language 
approved in accordance with section 30422(b)(2)(B)(ii), the language 
shall be introduced in the Senate (by request) on the next day on which 
the Senate is in session by the Majority Leader of the Senate or by a 
Member of the Senate designated by the Majority Leader of the Senate.
    (b) <<NOTE: Deadline.>>  Committee Consideration.--A joint committee 
bill introduced in the Senate under subsection (a) shall be jointly 
referred to the Committee on Finance and the Committee on Health, 
Education, Labor, and Pensions, which committees shall report the bill 
without any revision and with a favorable recommendation, an unfavorable 
recommendation, or without recommendation, no later than 7 session days 
after introduction of the bill. If either committee fails to report the 
bill within that period, that committee shall be automatically 
discharged from consideration of the bill, and the bill shall be placed 
on the appropriate calendar.

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

[[Page 132 STAT. 138]]

            (2) Consideration of motion.--Consideration of the motion to 
        proceed to the consideration of the joint committee bill and all 
        debatable motions and appeals in connection therewith shall not 
        exceed 10 hours, which shall be divided equally between the 
        Majority and Minority Leaders or their designees. A motion to 
        further limit debate is in order, shall require an affirmative 
        vote of three-fifths of Members duly chosen and sworn, and is 
        not debatable.
            (3) Vote threshold.--The motion to proceed to the 
        consideration of the joint committee bill shall only be agreed 
        to upon an affirmative vote of three-fifths of Members duly 
        chosen and sworn.
            (4) Limitations.--The motion is not subject to a motion to 
        postpone. All points of order against the motion to proceed to 
        the joint committee bill are waived. A motion to reconsider the 
        vote by which the motion is agreed to or disagreed to shall not 
        be in order.
            (5) Deadline.--Not later than the last day of the 115th 
        Congress, the Senate shall vote on a motion to proceed to the 
        joint committee bill.
            (6) <<NOTE: Definition.>>  Companion measures.--For purposes 
        of this subsection, the term ``joint committee bill'' includes a 
        bill of the House of Representatives that is a companion measure 
        to the joint committee bill introduced in the Senate.

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

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

SEC. 30441. DEFINITIONS.

    In this subtitle--
            (1) the term ``joint committee'' means the Joint Select 
        Committee on Budget and Appropriations Process Reform 
        established under section 30442(a); and
            (2) the term ``joint committee bill'' means a bill 
        consisting of the proposed legislative language of the joint 
        committee recommended in accordance with section 
        30442(b)(2)(B)(ii) and introduced under section 30444(a).
SEC. 30442. ESTABLISHMENT OF JOINT SELECT COMMITTEE.

    (a) Establishment of Joint Select Committee.--There is established a 
joint select committee of Congress to be known as the ``Joint Select 
Committee on Budget and Appropriations Process Reform''.

[[Page 132 STAT. 139]]

    (b) Implementation.--
            (1) Goal.--The goal of the joint committee is to reform the 
        budget and appropriations process.
            (2) Duties.--
                    (A) In general.--The joint committee shall provide 
                recommendations and legislative language that will 
                significantly reform the budget and appropriations 
                process.
                    (B) Report, recommendations, and legislative 
                language.--
                          (i) In general.--Not later than November 30, 
                      2018, the joint committee shall vote on--
                                    (I) a report that contains a 
                                detailed statement of the findings, 
                                conclusions, and recommendations of the 
                                joint committee; and
                                    (II) proposed legislative language 
                                to carry out the recommendations 
                                described in subclause (I).
                          (ii) Approval of report and legislative 
                      language.--
                                    (I) In general.--The report of the 
                                joint committee and the proposed 
                                legislative language described in clause 
                                (i) shall only be approved upon 
                                receiving the votes of--
                                            (aa) a majority of joint 
                                        committee members appointed by 
                                        the Speaker of the House of 
                                        Representatives and the Majority 
                                        Leader of the Senate; and
                                            (bb) a majority of joint 
                                        committee members appointed by 
                                        the Minority Leader of the House 
                                        of Representatives and the 
                                        Minority Leader of the Senate.
                                    (II) <<NOTE: Public information. Web 
                                posting.>>  Availability.--The text of 
                                any report and proposed legislative 
                                language shall be publicly available in 
                                electronic form at least 24 hours prior 
                                to its consideration.
                          (iii) <<NOTE: Time period.>>  Additional 
                      views.--A member of the joint committee who gives 
                      notice of an intention to file supplemental, 
                      minority, or additional views at the time of the 
                      final joint committee vote on the approval of the 
                      report and legislative language under clause (ii) 
                      shall be entitled to 2 calendar days after the day 
                      of such notice in which to file such views in 
                      writing with the co-chairs. Such views shall then 
                      be included in the joint committee report and 
                      printed in the same volume, or part thereof, and 
                      their inclusion shall be noted on the cover of the 
                      report. In the absence of timely notice, the joint 
                      committee report may be printed and transmitted 
                      immediately without such views.
                          (iv) Transmission of report and legislative 
                      language.--If the report and legislative language 
                      are approved by the joint committee pursuant to 
                      clause (ii), the joint committee shall submit the 
                      joint committee report and legislative language 
                      described in clause (i) to the President, the Vice 
                      President, the Speaker of the House of 
                      Representatives, and the

[[Page 132 STAT. 140]]

                      majority and minority leaders of each House of 
                      Congress not later than 15 calendar days after 
                      such approval.
                          (v) Report and legislative language to be made 
                      public.--Upon the approval of the joint committee 
                      report and legislative language pursuant to clause 
                      (ii), the joint committee shall promptly make the 
                      full report and legislative language, and a record 
                      of any vote, available to the public.
            (3) Membership.--
                    (A) In general.--The joint committee shall be 
                composed of 16 members appointed pursuant to 
                subparagraph (B).
                    (B) Appointment.--Members of the joint committee 
                shall be appointed as follows:
                          (i) The Speaker of the House of 
                      Representatives shall appoint 4 members from among 
                      Members of the House of Representatives.
                          (ii) The Minority Leader of the House of 
                      Representatives shall appoint 4 members from among 
                      Members of the House of Representatives.
                          (iii) The Majority Leader of the Senate shall 
                      appoint 4 members from among Members of the 
                      Senate.
                          (iv) The Minority Leader of the Senate shall 
                      appoint 4 members from among Members of the 
                      Senate.
                    (C) Co-chairs.--Two of the appointed members of the 
                joint committee will serve as co-chairs. The Speaker of 
                the House of Representatives and the Majority Leader of 
                the Senate shall jointly appoint one co-chair, and the 
                Minority Leader of the House of Representatives and the 
                Minority Leader of the Senate shall jointly appoint the 
                second co-chair. <<NOTE: Deadline.>>  The co-chairs 
                shall be appointed not later than 14 calendar days after 
                the date of enactment of this Act.
                    (D) <<NOTE: Deadline.>>  Date.--Members of the joint 
                committee shall be appointed not later than 14 calendar 
                days after the date of enactment of this Act.
                    (E) <<NOTE: Deadline.>>  Period of appointment.--
                Members shall be appointed for the life of the joint 
                committee. Any vacancy in the joint committee shall not 
                affect its powers, but shall be filled not later than 14 
                calendar days after the date on which the vacancy 
                occurs, in the same manner as the original appointment 
                was made. If a member of the joint committee ceases to 
                be a Member of the House of Representatives or the 
                Senate, as the case may be, the member is no longer a 
                member of the joint committee and a vacancy shall exist.
            (4) Administration.--
                    (A) <<NOTE: Time periods.>>  General authority.--For 
                purposes of enabling the joint committee to exercise its 
                powers, functions, and duties under this subtitle, and 
                consistent with the Standing Rules of the Senate, there 
                is authorized from the date of enactment of this Act 
                through February 28, 2019, $500,000 to be allocated--

[[Page 132 STAT. 141]]

                          (i) in total during the period October 1, 2017 
                      through September 30, 2018; and
                          (ii) any remaining amounts shall be carried 
                      forward for the period October 1, 2018 through 
                      February 28, 2019.
                    (B) Expenses.--Expenses of the joint committee shall 
                be paid from the contingent fund of the Senate upon 
                vouchers approved by the co-chairs, subject to the rules 
                and regulations of the Senate.
                    (C) Quorum.--Nine members of the joint committee 
                shall constitute a quorum for purposes of voting and 
                meeting, and 5 members of the joint committee shall 
                constitute a quorum for holding hearings.
                    (D) Voting.--No proxy voting shall be allowed on 
                behalf of the members of the joint committee.
                    (E) Meetings.--
                          (i) <<NOTE: Deadline.>>  Initial meeting.--Not 
                      later than 30 calendar days after the date of 
                      enactment of this Act, the joint committee shall 
                      hold its first meeting.
                          (ii) <<NOTE: Time period.>>  Agenda.--The co-
                      chairs of the joint committee shall provide an 
                      agenda to the joint committee members not less 
                      than 48 hours in advance of any meeting.
                    (F) Hearings.--
                          (i) In general.--The joint committee may, for 
                      the purpose of carrying out this section, hold 
                      such hearings, sit and act at such times and 
                      places, require attendance of witnesses and 
                      production of books, papers, and documents, take 
                      such testimony, receive such evidence, and 
                      administer such oaths as the joint committee 
                      considers advisable.
                          (ii) <<NOTE: Time periods.>>  Hearing 
                      procedures and responsibilities of co-chairs.--
                                    (I) <<NOTE: Public information.>>  
                                Announcement.--The co-chairs of the 
                                joint committee shall make a public 
                                announcement of the date, place, time, 
                                and subject matter of any hearing to be 
                                conducted, not less than 7 days in 
                                advance of such hearing, unless the co-
                                chairs determine that there is good 
                                cause to begin such hearing at an 
                                earlier date.
                                    (II) Equal representation of 
                                witnesses.--Each co-chair shall be 
                                entitled to select an equal number of 
                                witnesses for each hearing held by the 
                                joint committee.
                                    (III) Written statement.--A witness 
                                appearing before the joint committee 
                                shall file a written statement of 
                                proposed testimony at least 2 calendar 
                                days before the appearance of the 
                                witness, unless the requirement is 
                                waived by the co-chairs, following their 
                                determination that there is good cause 
                                for failure to comply with such 
                                requirement.
                    (G) Minimum number of public meetings and 
                hearings.--The joint committee shall hold--
                          (i) not less than a total of 5 public meetings 
                      or public hearings; and
                          (ii) not less than 3 public hearings, which 
                      may include field hearings.

[[Page 132 STAT. 142]]

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

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

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

    (a) Introduction.--Upon receipt of proposed legislative language 
approved in accordance with section 30442(b)(2)(B)(ii), the language 
shall be introduced in the Senate (by request) on the next day on which 
the Senate is in session by the Majority Leader of the Senate or by a 
Member of the Senate designated by the Majority Leader of the Senate.
    (b) <<NOTE: Deadline.>>  Committee Consideration.--A joint committee 
bill introduced in the Senate under subsection (a) shall be referred to 
the Committee on the Budget, which shall report the bill without any 
revision and with a favorable recommendation, an unfavorable 
recommendation, or without recommendation, no later than 7 session days 
after introduction of the bill. If the Committee on the Budget fails to 
report the bill within that period, the committee shall be automatically 
discharged from consideration of the bill, and the bill shall be placed 
on the appropriate calendar.

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

[[Page 132 STAT. 143]]

        bill is reported or discharged from the Committee on the Budget, 
        for the Majority Leader of the Senate or the Majority Leader's 
        designee to move to proceed to the consideration of the joint 
        committee bill. It shall also be in order for any Member of the 
        Senate to move to proceed to the consideration of the joint 
        committee bill at any time after the conclusion of such 2-day 
        period.
            (2) <<NOTE: Time period.>>  Consideration of motion.--
        Consideration of the motion to proceed to the consideration of 
        the joint committee bill and all debatable motions and appeals 
        in connection therewith shall not exceed 10 hours, which shall 
        be divided equally between the Majority and Minority Leaders or 
        their designees. A motion to further limit debate is in order, 
        shall require an affirmative vote of three-fifths of Members 
        duly chosen and sworn, and is not debatable.
            (3) Vote threshold.--The motion to proceed to the 
        consideration of the joint committee bill shall only be agreed 
        to upon an affirmative vote of three-fifths of Members duly 
        chosen and sworn.
            (4) Limitations.--The motion is not subject to a motion to 
        postpone. <<NOTE: Waiver.>>  All points of order against the 
        motion to proceed to the joint committee bill are waived. A 
        motion to reconsider the vote by which the motion is agreed to 
        or disagreed to shall not be in order.
            (5) Deadline.--Not later than the last day of the 115th 
        Congress, the Senate shall vote on a motion to proceed to the 
        joint committee bill.

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

                      DIVISION D--REVENUE MEASURES

SECTION 40001. TABLE OF CONTENTS.

    The table of contents for this division is as follows:

                      DIVISION D--REVENUE MEASURES

Sec. 40001. Table of contents.

                TITLE I--EXTENSION OF EXPIRING PROVISIONS

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

           Subtitle A--Tax Relief for Families and Individuals

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

[[Page 132 STAT. 144]]

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

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

      Subtitle C--Incentives for Energy Production and Conservation

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

             Subtitle D--Modifications of Energy Incentives

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

                   TITLE II--MISCELLANEOUS PROVISIONS

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

[[Page 132 STAT. 145]]

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

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

           Subtitle A--Tax Relief for Families and Individuals

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

    (a) In General.--Section 108(a)(1)(E) <<NOTE: 26 USC 108.>>  is 
amended by striking ``January 1, 2017'' each place it appears and 
inserting ``January 1, 2018''.

    (b) <<NOTE: 26 USC 108 note.>>  Effective Date.--The amendments made 
by this section shall apply to discharges of indebtedness after December 
31, 2016.
SEC. 40202. EXTENSION OF MORTGAGE INSURANCE PREMIUMS TREATED AS 
                            QUALIFIED RESIDENCE INTEREST.

    (a) In General.--Subclause (I) of section 163(h)(3)(E)(iv) is 
amended by striking ``December 31, 2016'' and inserting ``December 31, 
2017''.
    (b) <<NOTE: 26 USC 163 note.>>  Effective Date.--The amendment made 
by this section shall apply to amounts paid or accrued after December 
31, 2016.
SEC. 40203. EXTENSION OF ABOVE-THE-LINE DEDUCTION FOR QUALIFIED 
                            TUITION AND RELATED EXPENSES.

    (a) In General.--Section 222(e) is amended by striking ``December 
31, 2016'' and inserting ``December 31, 2017''.
    (b) <<NOTE: 26 USC 222 note.>>  Effective Date.--The amendment made 
by this section shall apply to taxable years beginning after December 
31, 2016.

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

SEC. 40301. EXTENSION OF INDIAN EMPLOYMENT TAX CREDIT.

    (a) In General.--Section 45A(f) is amended by striking ``December 
31, 2016'' and inserting ``December 31, 2017''.
    (b) <<NOTE: 26 USC 45A note.>>  Effective Date.--The amendment made 
by this section shall apply to taxable years beginning after December 
31, 2016.
SEC. 40302. EXTENSION OF RAILROAD TRACK MAINTENANCE CREDIT.

    (a) In General.--Section 45G(f) is amended by striking ``January 1, 
2017'' and inserting ``January 1, 2018''.
    (b) <<NOTE: 26 USC 45G note.>>  Effective Date.--
            (1) In general.--The amendment made by this section shall 
        apply to expenditures paid or incurred in taxable years 
        beginning after December 31, 2016.

[[Page 132 STAT. 146]]

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

    (a) In General.--Section 45N(e) <<NOTE: 26 USC 45N.>>  is amended by 
striking ``December 31, 2016'' and inserting ``December 31, 2017''.

    (b) <<NOTE: 26 USC 45N note.>>  Effective Date.--The amendment made 
by this section shall apply to taxable years beginning after December 
31, 2016.
SEC. 40304. EXTENSION OF CLASSIFICATION OF CERTAIN RACE HORSES AS 
                            3-YEAR PROPERTY.

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

    (b) <<NOTE: 26 USC 168 note.>>  Effective Date.--The amendments made 
by this section shall apply to property placed in service after December 
31, 2016.
SEC. 40305. EXTENSION OF 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS 
                            ENTERTAINMENT COMPLEXES.

    (a) In General.--Section 168(i)(15)(D) is amended by striking 
``December 31, 2016'' and inserting ``December 31, 2017''.
    (b) <<NOTE: 26 USC 168 note.>>  Effective Date.--The amendment made 
by this section shall apply to property placed in service after December 
31, 2016.
SEC. 40306. EXTENSION OF ACCELERATED DEPRECIATION FOR BUSINESS 
                            PROPERTY ON AN INDIAN RESERVATION.

    (a) In General.--Section 168(j)(9) is amended by striking ``December 
31, 2016'' and inserting ``December 31, 2017''.
    (b) <<NOTE: 26 USC 168 note.>>  Effective Date.--The amendment made 
by this section shall apply to property placed in service after December 
31, 2016.
SEC. 40307. EXTENSION OF ELECTION TO EXPENSE MINE SAFETY 
                            EQUIPMENT.

    (a) In General.--Section 179E(g) is amended by striking ``December 
31, 2016'' and inserting ``December 31, 2017''.
    (b) <<NOTE: 26 USC 179E note.>>  Effective Date.--The amendment made 
by this section shall apply to property placed in service after December 
31, 2016.
SEC. 40308. EXTENSION OF SPECIAL EXPENSING RULES FOR CERTAIN 
                            PRODUCTIONS.

    (a) In General.--Section 181(g) is amended by striking ``December 
31, 2016'' and inserting ``December 31, 2017''.
    (b) <<NOTE: 26 USC 181 note.>>  Effective Date.--The amendment made 
by this section shall apply to productions commencing after December 31, 
2016.
SEC. 40309. <<NOTE: 26 USC 199 note.>>  EXTENSION OF DEDUCTION 
                            ALLOWABLE WITH RESPECT TO INCOME 
                            ATTRIBUTABLE TO DOMESTIC PRODUCTION 
                            ACTIVITIES IN PUERTO RICO.

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

[[Page 132 STAT. 147]]

            (1) by substituting ``first 12 taxable years'' for ``first 
        11 taxable years'', and
            (2) by substituting ``January 1, 2018'' for ``January 1, 
        2017''.
SEC. 40310. <<NOTE: 26 USC 1201 note.>>  EXTENSION OF SPECIAL RULE 
                            RELATING TO QUALIFIED TIMBER GAIN.

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

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

    (b) <<NOTE: 26 USC 1391 note.>>  Effective Date.--The amendment made 
by subsection (a)(1) shall apply to taxable years beginning after 
December 31, 2016.
SEC. 40312. EXTENSION OF AMERICAN SAMOA ECONOMIC DEVELOPMENT 
                            CREDIT.

    (a) In General.--Section 119 of division A of the Tax Relief and 
Health Care Act of 2006 <<NOTE: 26 USC 30A note.>>  is amended--
            (1) in subsection (d)--
                    (A) by striking ``January 1, 2017'' each place it 
                appears and inserting ``January 1, 2018'',
                    (B) by striking ``first 11 taxable years'' in 
                paragraph (1) and inserting ``first 12 taxable years'', 
                and
                    (C) by striking ``first 5 taxable years'' in 
                paragraph (2) and inserting ``first 6 taxable years'', 
                and
            (2) in subsection (e), by adding at the end the following: 
        ``References in this subsection to section 199 of the Internal 
        Revenue Code of 1986 shall be treated as references to such 
        section as in effect before its repeal.''.

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

[[Page 132 STAT. 148]]

      Subtitle C--Incentives for Energy Production and Conservation

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

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

    (b) <<NOTE: 26 USC 25C note.>>  Effective Date.--The amendment made 
by this section shall apply to property placed in service after December 
31, 2016.
SEC. 40402. EXTENSION AND MODIFICATION OF CREDIT FOR RESIDENTIAL 
                            ENERGY PROPERTY.

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

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

    (c) <<NOTE: 26 USC 25D note.>>  Effective Date.--The amendment made 
by this section shall apply to property placed in service after December 
31, 2016.
SEC. 40403. EXTENSION OF CREDIT FOR NEW QUALIFIED FUEL CELL MOTOR 
                            VEHICLES.

    (a) In General.--Section 30B(k)(1) is amended by striking ``December 
31, 2016'' and inserting ``December 31, 2017''.
    (b) <<NOTE: 26 USC 30B note.>>  Effective Date.--The amendment made 
by this section shall apply to property purchased after December 31, 
2016.
SEC. 40404. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLE 
                            REFUELING PROPERTY.

    (a) In General.--Section 30C(g) is amended by striking ``December 
31, 2016'' and inserting ``December 31, 2017''.
    (b) <<NOTE: 26 USC 30C note.>>  Effective Date.--The amendment made 
by this section shall apply to property placed in service after December 
31, 2016.
SEC. 40405. EXTENSION OF CREDIT FOR 2-WHEELED PLUG-IN ELECTRIC 
                            VEHICLES.

    (a) In General.--Section 30D(g)(3)(E)(ii) is amended by striking 
``January 1, 2017'' and inserting ``January 1, 2018''.
    (b) <<NOTE: 26 USC 30D note.>>  Effective Date.--The amendment made 
by this section shall apply to vehicles acquired after December 31, 
2016.

[[Page 132 STAT. 149]]

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

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

    (b) <<NOTE: 26 USC 40 note.>>  Effective Date.--The amendment made 
by this section shall apply to qualified second generation biofuel 
production after December 31, 2016.
SEC. 40407. EXTENSION OF BIODIESEL AND RENEWABLE DIESEL 
                            INCENTIVES.

    (a) Income Tax Credit.--
            (1) In general.--Subsection (g) of section 40A is amended by 
        striking ``December 31, 2016'' and inserting ``December 31, 
        2017''.
            (2) <<NOTE: 26 USC 40A note.>>  Effective date.--The 
        amendment made by this subsection shall apply to fuel sold or 
        used after December 31, 2016.

    (b) Excise Tax Incentives.--
            (1) In general.--Section 6426(c)(6) is amended by striking 
        ``December 31, 2016'' and inserting ``December 31, 2017''.
            (2) Payments.--Section 6427(e)(6)(B) is amended by striking 
        ``December 31, 2016'' and inserting ``December 31, 2017''.
            (3) <<NOTE: 26 USC 6426 note.>>  Effective date.--The 
        amendments made by this subsection shall apply to fuel sold or 
        used after December 31, 2016.
            (4) <<NOTE: Time periods. Deadlines. 26 USC 6426 note.>>  
        Special rule for 2017.--Notwithstanding any other provision of 
        law, in the case of any biodiesel mixture credit properly 
        determined under section 6426(c) of the Internal Revenue Code of 
        1986 for the period beginning on January 1, 2017, and ending on 
        December 31, 2017, such credit shall be allowed, and any refund 
        or payment attributable to such credit (including any payment 
        under section 6427(e) of such Code) shall be made, only in such 
        manner as the Secretary of the Treasury (or the Secretary's 
        delegate) shall provide. Such 
        Secretary <<NOTE: Guidance. Claims.>>  shall issue guidance 
        within 30 days after the date of the enactment of this Act 
        providing for a one-time submission of claims covering periods 
        described in the preceding sentence. Such guidance shall provide 
        for a 180-day period for the submission of such claims (in such 
        manner as prescribed by such Secretary) to begin not later than 
        30 days after such guidance is issued. Such claims shall be paid 
        by such Secretary not later than 60 days after receipt. If such 
        Secretary has not paid pursuant to a claim filed under this 
        subsection within 60 days after the date of the filing of such 
        claim, the claim shall be paid with interest from such date 
        determined by using the overpayment rate and method under 
        section 6621 of such Code.
SEC. 40408. EXTENSION OF PRODUCTION CREDIT FOR INDIAN COAL 
                            FACILITIES.

    (a) In General.--Section 45(e)(10)(A) is amended by striking ``11-
year period'' each place it appears and inserting ``12-year period''.
    (b) <<NOTE: 26 USC 45 note.>>  Effective Date.--The amendment made 
by this section shall apply to coal produced after December 31, 2016.

[[Page 132 STAT. 150]]

SEC. 40409. EXTENSION OF CREDITS WITH RESPECT TO FACILITIES 
                            PRODUCING ENERGY FROM CERTAIN 
                            RENEWABLE RESOURCES.

    (a) In General.--The following provisions of section 
45(d) <<NOTE: 26 USC 45.>>  are each amended by striking ``January 1, 
2017'' each place it appears and inserting ``January 1, 2018'':
            (1) Paragraph (2)(A).
            (2) Paragraph (3)(A).
            (3) Paragraph (4)(B).
            (4) Paragraph (6).
            (5) Paragraph (7).
            (6) Paragraph (9).
            (7) Paragraph (11)(B).

    (b) Extension of Election To Treat Qualified Facilities as Energy 
Property.--Section 48(a)(5)(C)(ii) is amended by striking ``January 1, 
2017'' and inserting ``January 1, 2018''.
    (c) <<NOTE: 26 USC 45 note.>>  Effective Date.--The amendments made 
by this section shall take effect on January 1, 2017.
SEC. 40410. EXTENSION OF CREDIT FOR ENERGY-EFFICIENT NEW HOMES.

    (a) In General.--Section 45L(g) is amended by striking ``December 
31, 2016'' and inserting ``December 31, 2017''.
    (b) <<NOTE: 26 USC 45L note.>>  Effective Date.--The amendment made 
by this section shall apply to homes acquired after December 31, 2016.
SEC. 40411. EXTENSION AND PHASEOUT OF ENERGY CREDIT.

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

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

[[Page 132 STAT. 151]]

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

    (c) Extension of Qualified Fuel Cell Property.--Section 48(c)(1)(D) 
is amended by striking ``for any period after December 31, 2016'' and 
inserting ``the construction of which does not begin before January 1, 
2022''.
    (d) Extension of Qualified Microturbine Property.--Section 
48(c)(2)(D) is amended by striking ``for any period after December 31, 
2016'' and inserting ``the construction of which does not begin before 
January 1, 2022''.
    (e) Extension of Combined Heat and Power System Property.--Section 
48(c)(3)(A)(iv) is amended by striking ``which is placed in service 
before January 1, 2017'' and inserting ``the construction of which 
begins before January 1, 2022''.
    (f) Extension of Qualified Small Wind Energy Property.--Section 
48(c)(4)(C) is amended by striking ``for any period after December 31, 
2016'' and inserting ``the construction of which does not begin before 
January 1, 2022''.
    (g) <<NOTE: 26 USC 48 note.>>  Effective Date.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        periods after December 31, 2016, under rules similar to the 
        rules of section 48(m) of the Internal Revenue Code of 1986 (as 
        in effect on the day before the date of the enactment of the 
        Revenue Reconciliation Act of 1990).
            (2) Extension of combined heat and power system property.--
        The amendment made by subsection (e) shall apply to property 
        placed in service after December 31, 2016.
            (3) Phaseouts and terminations.--The amendments made by 
        subsection (b) shall take effect on the date of the enactment of 
        this Act.
SEC. 40412. EXTENSION OF SPECIAL ALLOWANCE FOR SECOND GENERATION 
                            BIOFUEL PLANT PROPERTY.

    (a) In General.--Section 168(l)(2)(D) is amended by striking 
``January 1, 2017'' and inserting ``January 1, 2018''.
    (b) <<NOTE: 26 USC 168 note.>>  Effective Date.--The amendment made 
by this section shall apply to property placed in service after December 
31, 2016.
SEC. 40413. EXTENSION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS 
                            DEDUCTION.

    (a) In General.--Section 179D(h) is amended by striking ``December 
31, 2016'' and inserting ``December 31, 2017''.
    (b) <<NOTE: 26 USC 179D note.>>  Effective Date.--The amendment made 
by this section shall apply to property placed in service after December 
31, 2016.

[[Page 132 STAT. 152]]

SEC. 40414. EXTENSION OF SPECIAL RULE FOR SALES OR DISPOSITIONS TO 
                            IMPLEMENT FERC OR STATE ELECTRIC 
                            RESTRUCTURING POLICY FOR QUALIFIED 
                            ELECTRIC UTILITIES.

    (a) In General.--Section 451(k)(3), as amended by section 13221 of 
Public Law 115-97, <<NOTE: 26 USC 451.>>  is amended by striking 
``January 1, 2017'' and inserting ``January 1, 2018''.

    (b) <<NOTE: 26 USC 451 note.>>  Effective Date.--The amendment made 
by this section shall apply to dispositions after December 31, 2016.
SEC. 40415. EXTENSION OF EXCISE TAX CREDITS RELATING TO 
                            ALTERNATIVE FUELS.

    (a) Extension of Alternative Fuels Excise Tax Credits.--
            (1) In general.--Sections 6426(d)(5) and 6426(e)(3) are each 
        amended by striking ``December 31, 2016'' and inserting 
        ``December 31, 2017''.
            (2) Outlay payments for alternative fuels.--Section 
        6427(e)(6)(C) is amended by striking ``December 31, 2016'' and 
        inserting ``December 31, 2017''.
            (3) <<NOTE: 26 USC 6426 note.>>  Effective date.--The 
        amendments made by this subsection shall apply to fuel sold or 
        used after December 31, 2016.

    (b) <<NOTE: Time periods. Deadlines. 26 USC 6426 note.>>  Special 
Rule for 2017.--Notwithstanding any other provision of law, in the case 
of any alternative fuel credit properly determined under section 6426(d) 
of the Internal Revenue Code of 1986 for the period beginning on January 
1, 2017, and ending on December 31, 2017, such credit shall be allowed, 
and any refund or payment attributable to such credit (including any 
payment under section 6427(e) of such Code) shall be made, only in such 
manner as the Secretary of the Treasury (or the Secretary's delegate) 
shall provide. Such Secretary shall issue guidance within 30 days after 
the date of the enactment of this Act providing for a one-time 
submission of claims covering periods described in the preceding 
sentence. Such <<NOTE: Guidance. Claims.>>  guidance shall provide for a 
180-day period for the submission of such claims (in such manner as 
prescribed by such Secretary) to begin not later than 30 days after such 
guidance is issued. Such claims shall be paid by such Secretary not 
later than 60 days after receipt. If such Secretary has not paid 
pursuant to a claim filed under this subsection within 60 days after the 
date of the filing of such claim, the claim shall be paid with interest 
from such date determined by using the overpayment rate and method under 
section 6621 of such Code.
SEC. 40416. EXTENSION OF OIL SPILL LIABILITY TRUST FUND FINANCING 
                            RATE.

    (a) In General.--Section 4611(f)(2) is amended by striking 
``December 31, 2017'' and inserting ``December 31, 2018''.
    (b) <<NOTE: 26 USC 4611 note.>>  Effective Date.--The amendment made 
by this section shall apply on and after the first day of the first 
calendar month beginning after the date of the enactment of this Act.

[[Page 132 STAT. 153]]

             Subtitle D--Modifications of Energy Incentives

SEC. 40501. MODIFICATIONS OF CREDIT FOR PRODUCTION FROM ADVANCED 
                            NUCLEAR POWER FACILITIES.

    (a) Treatment of Unutilized Limitation Amounts.--Section 
45J(b) <<NOTE: 26 USC 45J.>>  is amended--
            (1) by inserting ``or any amendment to'' after ``enactment 
        of'' in paragraph (4), and
            (2) by adding at the end the following new paragraph:
            ``(5) Allocation of unutilized limitation.--
                    ``(A) In general.--Any unutilized national megawatt 
                capacity limitation shall be allocated by the Secretary 
                under paragraph (3) as rapidly as is practicable after 
                December 31, 2020--
                          ``(i) first to facilities placed in service on 
                      or before such date to the extent that such 
                      facilities did not receive an allocation equal to 
                      their full nameplate capacity, and
                          ``(ii) then to facilities placed in service 
                      after such date in the order in which such 
                      facilities are placed in service.
                    ``(B) Unutilized national megawatt capacity 
                limitation.--The term <<NOTE: Definition.>>  `unutilized 
                national megawatt capacity limitation' means the excess 
                (if any) of--
                          ``(i) 6,000 megawatts, over
                          ``(ii) the aggregate amount of national 
                      megawatt capacity limitation allocated by the 
                      Secretary before January 1, 2021, reduced by any 
                      amount of such limitation which was allocated to a 
                      facility which was not placed in service before 
                      such date.
                    ``(C) Coordination with other provisions.--In the 
                case of any unutilized national megawatt capacity 
                limitation allocated by the Secretary pursuant to this 
                paragraph--
                          ``(i) such allocation shall be treated for 
                      purposes of this section in the same manner as an 
                      allocation of national megawatt capacity 
                      limitation, and
                          ``(ii) subsection (d)(1)(B) shall not apply to 
                      any facility which receives such allocation.''.

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

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

[[Page 132 STAT. 154]]

        for purposes of this title with respect to such credit (or such 
        portion thereof).
            ``(2) Definitions.--For purposes of this subsection--
                    ``(A) Qualified public entity.--The term `qualified 
                public entity' means--
                          ``(i) a Federal, State, or local government 
                      entity, or any political subdivision, agency, or 
                      instrumentality thereof,
                          ``(ii) a mutual or cooperative electric 
                      company described in section 501(c)(12) or 
                      1381(a)(2), or
                          ``(iii) a not-for-profit electric utility 
                      which had or has received a loan or loan guarantee 
                      under the Rural Electrification Act of 1936.
                    ``(B) Eligible project partner.--The term `eligible 
                project partner' means any person who--
                          ``(i) is responsible for, or participates in, 
                      the design or construction of the advanced nuclear 
                      power facility to which the credit under 
                      subsection (a) relates,
                          ``(ii) participates in the provision of the 
                      nuclear steam supply system to such facility,
                          ``(iii) participates in the provision of 
                      nuclear fuel to such facility,
                          ``(iv) is a financial institution providing 
                      financing for the construction or operation of 
                      such facility, or
                          ``(v) has an ownership interest in such 
                      facility.
            ``(3) Special rules.--
                    ``(A) Application to partnerships.--In the case of a 
                credit under subsection (a) which is determined at the 
                partnership level--
                          ``(i) for purposes of paragraph (1)(A), a 
                      qualified public entity shall be treated as the 
                      taxpayer with respect to such entity's 
                      distributive share of such credit, and
                          ``(ii) the term `eligible project partner' 
                      shall include any partner of the partnership.
                    ``(B) Taxable year in which credit taken into 
                account.--In the case of any credit (or portion thereof) 
                with respect to which an election is made under 
                paragraph (1), such credit shall be taken into account 
                in the first taxable year of the eligible project 
                partner ending with, or after, the qualified public 
                entity's taxable year with respect to which the credit 
                was determined.
                    ``(C) Treatment of transfer under private use 
                rules.--For purposes of section 141(b)(1), any benefit 
                derived by an eligible project partner in connection 
                with an election under this subsection shall not be 
                taken into account as a private business use.''.
            (2) Special rule for proceeds of transfers for mutual or 
        cooperative electric companies.--Section 501(c)(12) <<NOTE: 26 
        USC 501.>>  is amended by adding at the end the following new 
        subparagraph:
                    ``(I) In the case of a mutual or cooperative 
                electric company described in this paragraph or an 
                organization described in section 1381(a)(2), income 
                received or accrued in connection with an election under 
                section 45J(e)(1) shall be treated as an amount 
                collected from members for the sole purpose of meeting 
                losses and expenses.''.

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

[[Page 132 STAT. 155]]

            (1) Treatment of unutilized limitation amounts.--The 
        amendment made by subsection (a) shall take effect on the date 
        of the enactment of this Act.
            (2) Transfer of credit by certain public entities.--The 
        amendments made by subsection (b) shall apply to taxable years 
        beginning after the date of the enactment of this Act.

TITLE <<NOTE: Applicability.>>  II--MISCELLANEOUS PROVISIONS
SEC. 41101. AMENDMENT OF INTERNAL REVENUE CODE OF 1986.

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

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

    (b) Determination of Taxes on Rum.--
            (1) In general.--Section 7652(e) is amended by adding at the 
        end the following new paragraph:
            ``(5) Determination of amount of taxes collected.--For 
        purposes of this subsection, the amount of taxes collected under 
        section 5001(a)(1) shall be determined without regard to section 
        5001(c).''.
            (2) <<NOTE: 26 USC 7652 note.>>  Effective date.--The 
        amendment made by this subsection shall apply to distilled 
        spirits brought into the United States after December 31, 2017.
SEC. 41103. EXTENSION OF WAIVER OF LIMITATIONS WITH RESPECT TO 
                            EXCLUDING FROM GROSS INCOME AMOUNTS 
                            RECEIVED BY WRONGFULLY INCARCERATED 
                            INDIVIDUALS.

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

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

[[Page 132 STAT. 156]]

                    ``(A) the individual may contribute such property or 
                an amount equal to the sum of--
                          ``(i) the amount of money so returned by the 
                      Secretary, and
                          ``(ii) interest paid under subsection (c) on 
                      such amount of money,
                into such eligible retirement plan if such contribution 
                is permitted by the plan, or into an individual 
                retirement plan (other than an endowment contract) to 
                which a rollover contribution of a distribution from 
                such eligible retirement plan is permitted, but only if 
                such contribution is made not later than the due date 
                (not including extensions) for filing the return of tax 
                for the taxable year in which such property or amount of 
                money is returned, and
                    ``(B) the Secretary shall, at the time such property 
                or amount of money is returned, notify such individual 
                that a contribution described in subparagraph (A) may be 
                made.
            ``(2) Treatment as rollover.--The distribution on account of 
        the levy and any contribution under paragraph (1) with respect 
        to the return of such distribution shall be treated for purposes 
        of this title as if such distribution and contribution were 
        described in section 402(c), 402A(c)(3), 403(a)(4), 403(b)(8), 
        408(d)(3), 408A(d)(3), or 457(e)(16), whichever is applicable; 
        except that--
                    ``(A) the contribution shall be treated as having 
                been made for the taxable year in which the distribution 
                on account of the levy occurred, and the interest paid 
                under subsection (c) shall be treated as earnings within 
                the plan after the contribution and shall not be 
                included in gross income, and
                    ``(B) such contribution shall not be taken into 
                account under section 408(d)(3)(B).
            ``(3) Refund, etc., of income tax on levy.--
                    ``(A) In general.--If any amount is includible in 
                gross income for a taxable year by reason of a 
                distribution on account of a levy referred to in 
                paragraph (1) and any portion of such amount is treated 
                as a rollover contribution under paragraph (2), any tax 
                imposed by chapter 1 on such portion shall not be 
                assessed, and if assessed shall be abated, and if 
                collected shall be credited or refunded as an 
                overpayment made on the due date for filing the return 
                of tax for such taxable year.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to a rollover contribution under this subsection which 
                is made from an eligible retirement plan which is not a 
                Roth IRA or a designated Roth account (within the 
                meaning of section 402A) to a Roth IRA or a designated 
                Roth account under an eligible retirement plan.
            ``(4) Interest.--Notwithstanding subsection (d), interest 
        shall be allowed under subsection (c) in a case in which the 
        Secretary makes a determination described in subsection 
        (d)(2)(A) with respect to a levy upon an individual retirement 
        plan.
            ``(5) Treatment of inherited accounts.--For purposes of 
        paragraph (1)(A), section 408(d)(3)(C) shall be disregarded in 
        determining whether an individual retirement plan is a

[[Page 132 STAT. 157]]

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

    (b) <<NOTE: 26 USC 6343 note.>>  Effective Date.--The amendment made 
by this section shall apply to amounts paid under subsections (b), (c), 
and (d)(2)(A) of section 6343 of the Internal Revenue Code of 1986 in 
taxable years beginning after December 31, 2017.
SEC. 41105. MODIFICATION OF USER FEE REQUIREMENTS FOR INSTALLMENT 
                            AGREEMENTS.

    (a) In General.--Section 6159 <<NOTE: 26 USC 6159.>>  is amended by 
redesignating subsection (f) as subsection (g) and by inserting after 
subsection (e) the following new subsection:

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

    (b) <<NOTE: 26 USC 6159 note.>>  Effective Date.--The amendments 
made by this section shall apply to agreements entered into on or after 
the date which is 60 days after the date of the enactment of this Act.
SEC. 41106. <<NOTE: 26 USC 7805 note.>>  FORM 1040SR FOR SENIORS.

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

[[Page 132 STAT. 158]]

    (b) Effective Date.--The form required by subsection (a) shall be 
made available for taxable years beginning after the date of the 
enactment of this Act.
SEC. 41107. ATTORNEYS FEES RELATING TO AWARDS TO WHISTLEBLOWERS.

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

    (b) <<NOTE: 26 USC 62 note.>>  Effective Date.--The amendment made 
by this section shall apply to taxable years beginning after December 
31, 2017.
SEC. 41108. CLARIFICATION OF WHISTLEBLOWER AWARDS.

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

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

    (b) Amount of Proceeds Determined Without Regard to Availability.--
Paragraphs (1) and (2)(A) of section 7623(b) are each amended by 
inserting ``(determined without regard to whether such proceeds are 
available to the Secretary)'' after ``in response to such action''.
    (c) Disputed Amount Threshold.--Section 7623(b)(5)(B) is amended by 
striking ``tax, penalties, interest, additions to tax, and additional 
amounts'' and inserting ``proceeds''.
    (d) <<NOTE: 26 USC 7623 note.>>  Effective Date.--The amendments 
made by this section shall apply to information provided before, on, or 
after the date

[[Page 132 STAT. 159]]

of the enactment of this Act with respect to which a final determination 
for an award has not been made before such date of enactment.
SEC. 41109. CLARIFICATION REGARDING EXCISE TAX BASED ON INVESTMENT 
                            INCOME OF PRIVATE COLLEGES AND 
                            UNIVERSITIES.

    (a) In General.--Subsection (b)(1) of section 4968, as added by 
section 13701(a) of Public Law 115-97, <<NOTE: 26 USC 4968.>>  is 
amended--
            (1) by inserting ``tuition-paying'' after ``500'' in 
        subparagraph (A), and
            (2) by inserting ``tuition-paying'' after ``50 percent of 
        the'' in subparagraph (B).

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

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

[[Page 132 STAT. 160]]

                (as determined under section 4958(f)(4)) of such a 
                contributor is a director, officer, trustee, manager, 
                employee, or contractor of the business enterprise (or 
                an individual having powers or responsibilities similar 
                to any of the foregoing),
                    ``(B) at least a majority of the board of directors 
                of the private foundation are persons who are not--
                          ``(i) directors or officers of the business 
                      enterprise, or
                          ``(ii) family members (as so determined) of a 
                      substantial contributor (as so defined) to the 
                      private foundation, and
                    ``(C) there is no loan outstanding from the business 
                enterprise to a substantial contributor (as so defined) 
                to the private foundation or to any family member of 
                such a contributor (as so determined).
            ``(5) Certain deemed private foundations excluded.--This 
        subsection shall not apply to--
                    ``(A) any fund or organization treated as a private 
                foundation for purposes of this section by reason of 
                subsection (e) or (f),
                    ``(B) any trust described in section 4947(a)(1) 
                (relating to charitable trusts), and
                    ``(C) any trust described in section 4947(a)(2) 
                (relating to split-interest trusts).''.

    (b) <<NOTE: 26 USC 4943 note.>>  Effective Date.--The amendment made 
by this section shall apply to taxable years beginning after December 
31, 2017.
SEC. 41111. RULE OF CONSTRUCTION FOR CRAFT BEVERAGE MODERNIZATION 
                            AND TAX REFORM.

    (a) In General.--Subpart A of part IX of subtitle C of title I of 
Public Law 115-97 is amended by adding at the end the following new 
section:
``SEC. 13809. <<NOTE: 26 USC 263A note.>>  RULE OF CONSTRUCTION.

    ``Nothing in this subpart, the amendments made by this subpart, or 
any regulation promulgated under this subpart or the amendments made by 
this subpart, shall be construed to preempt, supersede, or otherwise 
limit or restrict any State, local, or tribal law that prohibits or 
regulates the production or sale of distilled spirits, wine, or malt 
beverages.''.
    (b) <<NOTE: 26 USC 263A note.>>  Effective Date.--The amendment made 
by this section shall take effect as if included in Public Law 115-97.
SEC. 41112. SIMPLIFICATION OF RULES REGARDING RECORDS, STATEMENTS, 
                            AND RETURNS.

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

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

[[Page 132 STAT. 161]]

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

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

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

    (a) In General.--Section 401(k) <<NOTE: 26 USC 401.>>  is amended by 
adding at the end the following:
            ``(14) Special rules relating to hardship withdrawals.--For 
        purposes of paragraph (2)(B)(i)(IV)--
                    ``(A) Amounts which may be withdrawn.--The following 
                amounts may be distributed upon hardship of the 
                employee:
                          ``(i) Contributions to a profit-sharing or 
                      stock bonus plan to which section 402(e)(3) 
                      applies.
                          ``(ii) Qualified nonelective contributions (as 
                      defined in subsection (m)(4)(C)).
                          ``(iii) Qualified matching contributions 
                      described in paragraph (3)(D)(ii)(I).
                          ``(iv) Earnings on any contributions described 
                      in clause (i), (ii), or (iii).
                    ``(B) No requirement to take available loan.--A 
                distribution shall not be treated as failing to be made 
                upon the hardship of an employee solely because the 
                employee does not take any available loan under the 
                plan.''.

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

    (c) <<NOTE: 26 USC 401 note.>>  Effective Date.--The amendments made 
by this section shall apply to plan years beginning after December 31, 
2018.
SEC. 41115. OPPORTUNITY ZONES RULE FOR PUERTO RICO.

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

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

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

[[Page 132 STAT. 162]]

as a combat zone for purposes of section 112 in support of the Armed 
Forces of the United States''.
    (b) <<NOTE: 26 USC 911 note.>>  Effective Date.--The amendment made 
by this section shall apply to taxable years beginning after December 
31, 2017.
SEC. 41117. TREATMENT OF FOREIGN PERSONS FOR RETURNS RELATING TO 
                            PAYMENTS MADE IN SETTLEMENT OF PAYMENT 
                            CARD AND THIRD PARTY NETWORK 
                            TRANSACTIONS.

    (a) In General.--Section 6050W(d)(1)(B) <<NOTE: 26 USC 6050W.>>  is 
amended by adding at the end the following: ``Notwithstanding the 
preceding sentence, a person with only a foreign address shall not be 
treated as a participating payee with respect to any payment settlement 
entity solely because such person receives payments from such payment 
settlement entity in dollars.''.

    (b) <<NOTE: 26 USC 6050W note.>>  Effective Date.--The amendment 
made by this section shall apply to returns for calendar years beginning 
after December 31, 2017.
SEC. 41118. REPEAL OF SHIFT IN TIME OF PAYMENT OF CORPORATE 
                            ESTIMATED TAXES.

    The Trade Preferences Extension Act of 2015 is amended by striking 
section 803 <<NOTE: 26 USC 6655 note.>>  (relating to time for payment 
of corporate estimated taxes).
SEC. 41119. ENHANCEMENT OF CARBON DIOXIDE SEQUESTRATION CREDIT.

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

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

[[Page 132 STAT. 163]]

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

    ``(b) <<NOTE: Time periods.>>  Applicable Dollar Amount; Additional 
Equipment; Election.--
            ``(1) Applicable dollar amount.--
                    ``(A) In general.--The applicable dollar amount 
                shall be an amount equal to--
                          ``(i) for any taxable year beginning in a 
                      calendar year after 2016 and before 2027--
                                    ``(I) for purposes of paragraph (3) 
                                of subsection (a), the dollar amount 
                                established by linear interpolation 
                                between $22.66 and $50 for each calendar 
                                year during such period, and
                                    ``(II) for purposes of paragraph (4) 
                                of such subsection, the dollar amount 
                                established by linear interpolation 
                                between $12.83 and $35 for each calendar 
                                year during such period, and
                          ``(ii) for any taxable year beginning in a 
                      calendar year after 2026--
                                    ``(I) for purposes of paragraph (3) 
                                of subsection (a), an amount equal to 
                                the product of $50 and the inflation 
                                adjustment factor for such calendar year 
                                determined under section 43(b)(3)(B) for 
                                such calendar year, determined by 
                                substituting `2025' for `1990', and
                                    ``(II) for purposes of paragraph (4) 
                                of such subsection, an amount equal to 
                                the product of $35 and the inflation 
                                adjustment factor for such calendar year 
                                determined under section 43(b)(3)(B) for 
                                such calendar year, determined by 
                                substituting `2025' for `1990'.
                    ``(B) Rounding.--The applicable dollar amount 
                determined under subparagraph (A) shall be rounded to 
                the nearest cent.

[[Page 132 STAT. 164]]

            ``(2) Installation of additional carbon capture equipment on 
        existing qualified facility.--In the case of a qualified 
        facility placed in service before the date of the enactment of 
        the Bipartisan Budget Act of 2018, for which additional carbon 
        capture equipment is placed in service on or after the date of 
        the enactment of such Act, the amount of qualified carbon oxide 
        which is captured by the taxpayer shall be equal to--
                    ``(A) for purposes of paragraphs (1)(A) and (2)(A) 
                of subsection (a), the lesser of--
                          ``(i) the total amount of qualified carbon 
                      oxide captured at such facility for the taxable 
                      year, or
                          ``(ii) the total amount of the carbon dioxide 
                      capture capacity of the carbon capture equipment 
                      in service at such facility on the day before the 
                      date of the enactment of the Bipartisan Budget Act 
                      of 2018, and
                    ``(B) for purposes of paragraphs (3)(A) and (4)(A) 
                of such subsection, an amount (not less than zero) equal 
                to the excess of--
                          ``(i) the amount described in clause (i) of 
                      subparagraph (A), over
                          ``(ii) the amount described in clause (ii) of 
                      such subparagraph.
            ``(3) Election.--For purposes of determining the carbon 
        oxide sequestration credit under this section, a taxpayer may 
        elect to have the dollar amounts applicable under paragraph (1) 
        or (2) of subsection (a) apply in lieu of the dollar amounts 
        applicable under paragraph (3) or (4) of such subsection for 
        each metric ton of qualified carbon oxide which is captured by 
        the taxpayer using carbon capture equipment which is originally 
        placed in service at a qualified facility on or after the date 
        of the enactment of the Bipartisan Budget Act of 2018.

    ``(c) <<NOTE: Definition.>>  Qualified Carbon Oxide.--For purposes 
of this section--
            ``(1) In general.--The term `qualified carbon oxide' means--
                    ``(A) any carbon dioxide which--
                          ``(i) is captured from an industrial source by 
                      carbon capture equipment which is originally 
                      placed in service before the date of the enactment 
                      of the Bipartisan Budget Act of 2018,
                          ``(ii) would otherwise be released into the 
                      atmosphere as industrial emission of greenhouse 
                      gas or lead to such release, and
                          ``(iii) is measured at the source of capture 
                      and verified at the point of disposal, injection, 
                      or utilization,
                    ``(B) any carbon dioxide or other carbon oxide 
                which--
                          ``(i) is captured from an industrial source by 
                      carbon capture equipment which is originally 
                      placed in service on or after the date of the 
                      enactment of the Bipartisan Budget Act of 2018,
                          ``(ii) would otherwise be released into the 
                      atmosphere as industrial emission of greenhouse 
                      gas or lead to such release, and
                          ``(iii) is measured at the source of capture 
                      and verified at the point of disposal, injection, 
                      or utilization, or

[[Page 132 STAT. 165]]

                    ``(C) in the case of a direct air capture facility, 
                any carbon dioxide which--
                          ``(i) is captured directly from the ambient 
                      air, and
                          ``(ii) is measured at the source of capture 
                      and verified at the point of disposal, injection, 
                      or utilization.
            ``(2) <<NOTE: Definition.>>  Recycled carbon oxide.--The 
        term `qualified carbon oxide' includes the initial deposit of 
        captured carbon oxide used as a tertiary injectant. Such term 
        does not include carbon oxide that is recaptured, recycled, and 
        re-injected as part of the enhanced oil and natural gas recovery 
        process.

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

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

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

[[Page 132 STAT. 166]]

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

[[Page 132 STAT. 167]]

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

[[Page 132 STAT. 168]]

        (1) and (2) of subsection (a) an amount equal to the product 
        of--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the inflation adjustment factor for such 
                calendar year determined under section 43(b)(3)(B) for 
                such calendar year, determined by substituting `2008' 
                for `1990'.

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

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

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

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

    (a) <<NOTE: 42 USC 1305 note.>>  Short Title.--This division may be 
cited as the ``Advancing Chronic Care, Extenders, and Social Services 
(ACCESS) Act''

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

             DIVISION E--HEALTH AND HUMAN SERVICES EXTENDERS

Sec. 50100. Short title; table of contents.

                              TITLE I--CHIP

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

                      TITLE II--MEDICARE EXTENDERS

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

[[Page 132 STAT. 169]]

Sec. 50207. Extension of funding outreach and assistance for low-income 
           programs; State health insurance assistance program reporting 
           requirements.
Sec. 50208. Extension of home health rural add-on.

   TITLE III--CREATING HIGH-QUALITY RESULTS AND OUTCOMES NECESSARY TO 
                     IMPROVE CHRONIC (CHRONIC) CARE

           Subtitle A--Receiving High Quality Care in the Home

Sec. 50301. Extending the Independence at Home Demonstration Program.
Sec. 50302. Expanding access to home dialysis therapy.

                  Subtitle B--Advancing Team-Based Care

Sec. 50311. Providing continued access to Medicare Advantage special 
           needs plans for vulnerable populations.

             Subtitle C--Expanding Innovation and Technology

Sec. 50321. Adapting benefits to meet the needs of chronically ill 
           Medicare Advantage enrollees.
Sec. 50322. Expanding supplemental benefits to meet the needs of 
           chronically ill Medicare Advantage enrollees.
Sec. 50323. Increasing convenience for Medicare Advantage enrollees 
           through telehealth.
Sec. 50324. Providing accountable care organizations the ability to 
           expand the use of telehealth.
Sec. 50325. Expanding the use of telehealth for individuals with stroke.

         Subtitle D--Identifying the Chronically Ill Population

Sec. 50331. Providing flexibility for beneficiaries to be part of an 
           accountable care organization.

   Subtitle E--Empowering Individuals and Caregivers in Care Delivery

Sec. 50341. Eliminating barriers to care coordination under accountable 
           care organizations.
Sec. 50342. GAO study and report on longitudinal comprehensive care 
           planning services under Medicare part B.

   Subtitle F--Other Policies to Improve Care for the Chronically Ill

Sec. 50351. GAO study and report on improving medication 
           synchronization.
Sec. 50352. GAO study and report on impact of obesity drugs on patient 
           health and spending.
Sec. 50353. HHS study and report on long-term risk factors for chronic 
           conditions among Medicare beneficiaries.
Sec. 50354. Providing prescription drug plans with parts A and B claims 
           data to promote the appropriate use of medications and 
           improve health outcomes.

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

               Subtitle A--Medicare Part B Improvement Act

Sec. 50401. Home infusion therapy services temporary transitional 
           payment.
Sec. 50402. Orthotist's and prosthetist's clinical notes as part of the 
           patient's medical record.
Sec. 50403. Independent accreditation for dialysis facilities and 
           assurance of high quality surveys.
Sec. 50404. Modernizing the application of the Stark rule under 
           Medicare.

               Subtitle B--Additional Medicare Provisions

Sec. 50411. Making permanent the removal of the rental cap for durable 
           medical equipment under Medicare with respect to speech 
           generating devices.
Sec. 50412. Increased civil and criminal penalties and increased 
           sentences for Federal health care program fraud and abuse.
Sec. 50413. Reducing the volume of future EHR-related significant 
           hardship requests.
Sec. 50414. Strengthening rules in case of competition for diabetic 
           testing strips.

                     TITLE V--OTHER HEALTH EXTENDERS

Sec. 50501. Extension for family-to-family health information centers.
Sec. 50502. Extension for sexual risk avoidance education.

[[Page 132 STAT. 170]]

Sec. 50503. Extension for personal responsibility education.

       TITLE VI--CHILD AND FAMILY SERVICES AND SUPPORTS EXTENDERS

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

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

  Subtitle B--Extension of Health Professions Workforce Demonstration 
                                Projects

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

             TITLE VII--FAMILY FIRST PREVENTION SERVICES ACT

       Subtitle A--Investing in Prevention and Supporting Families

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

             PART I--Prevention Activities Under Title IV-E

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

               PART II--Enhanced Support Under Title IV-B

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

                         PART III--Miscellaneous

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

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

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

        PART V--Continuing Support for Child and Family Services

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

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

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

[[Page 132 STAT. 171]]

                     PART VII--Technical Corrections

Sec. 50771. Technical corrections to data exchange standards to improve 
           program coordination.
Sec. 50772. Technical corrections to State requirement to address the 
           developmental needs of young children.

 PART VIII--Ensuring States Reinvest Savings Resulting From Increase in 
                           Adoption Assistance

Sec. 50781. Delay of adoption assistance phase-in.
Sec. 50782. GAO study and report on State reinvestment of savings 
           resulting from increase in adoption assistance.

  TITLE VIII--SUPPORTING SOCIAL IMPACT PARTNERSHIPS TO PAY FOR RESULTS

Sec. 50801. Short title.
Sec. 50802. Social impact partnerships to pay for results.

                    TITLE IX--PUBLIC HEALTH PROGRAMS

Sec. 50901. Extension for community health centers, the National Health 
           Service Corps, and teaching health centers that operate GME 
           programs.
Sec. 50902. Extension for special diabetes programs.

               TITLE X--MISCELLANEOUS HEALTH CARE POLICIES

Sec. 51001. Home health payment reform.
Sec. 51002. Information to satisfy documentation of Medicare eligibility 
           for home health services.
Sec. 51003. Technical amendments to Public Law 114-10.
Sec. 51004. Expanded access to Medicare intensive cardiac rehabilitation 
           programs.
Sec. 51005. Extension of blended site neutral payment rate for certain 
           long-term care hospital discharges; temporary adjustment to 
           site neutral payment rates.
Sec. 51006. Recognition of attending physician assistants as attending 
           physicians to serve hospice patients.
Sec. 51007. Extension of enforcement instruction on supervision 
           requirements for outpatient therapeutic services in critical 
           access and small rural hospitals through 2017.
Sec. 51008. Allowing physician assistants, nurse practitioners, and 
           clinical nurse specialists to supervise cardiac, intensive 
           cardiac, and pulmonary rehabilitation programs.
Sec. 51009. Transitional payment rules for certain radiation therapy 
           services under the physician fee schedule.

          TITLE XI--PROTECTING SENIORS' ACCESS TO MEDICARE ACT

Sec. 52001. Repeal of the Independent Payment Advisory Board.

                           TITLE XII--OFFSETS

Sec. 53101. Modifying reductions in Medicaid DSH allotments.
Sec. 53102. Third party liability in Medicaid and CHIP.
Sec. 53103. Treatment of lottery winnings and other lump-sum income for 
           purposes of income eligibility under Medicaid.
Sec. 53104. Rebate obligation with respect to line extension drugs.
Sec. 53105. Medicaid Improvement Fund.
Sec. 53106. Physician fee schedule update.
Sec. 53107. Payment for outpatient physical therapy services and 
           outpatient occupational therapy services furnished by a 
           therapy assistant.
Sec. 53108. Reduction for non-emergency ESRD ambulance transports.
Sec. 53109. Hospital transfer policy for early discharges to hospice 
           care.
Sec. 53110. Medicare payment update for home health services.
Sec. 53111. Medicare payment update for skilled nursing facilities.
Sec. 53112. Preventing the artificial inflation of star ratings after 
           the consolidation of Medicare Advantage plans offered by the 
           same organization.
Sec. 53113. Sunsetting exclusion of biosimilars from Medicare part D 
           coverage gap discount program.
Sec. 53114. Adjustments to Medicare part B and part D premium subsidies 
           for higher income individuals.
Sec. 53115. Medicare Improvement Fund.
Sec. 53116. Closing the Donut Hole for Seniors.
Sec. 53117. Modernizing child support enforcement fees.
Sec. 53118. Increasing efficiency of prison data reporting.
Sec. 53119. Prevention and Public Health Fund.

[[Page 132 STAT. 172]]

                              TITLE I--CHIP

SEC. 50101. FUNDING EXTENSION OF THE CHILDREN'S HEALTH INSURANCE 
                            PROGRAM THROUGH FISCAL YEAR 2027.

    (a) In General.--Section 2104(a) of the Social Security Act (42 
U.S.C. 1397dd(a)), as amended by section 3002(a) of the HEALTHY KIDS Act 
(division C of Public Law 115-120), is amended--
            (1) in paragraph (25), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (26), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(27) for each of fiscal years 2024 through 2026, such sums 
        as are necessary to fund allotments to States under subsections 
        (c) and (m); and
            ``(28) for fiscal year 2027, for purposes of making two 
        semi-annual allotments--
                    ``(A) $7,650,000,000 for the period beginning on 
                October 1, 2026, and ending on March 31, 2027; and
                    ``(B) $7,650,000,000 for the period beginning on 
                April 1, 2027, and ending on September 30, 2027.''.

    (b) Allotments.--
            (1) In general.--Section 2104(m) of the Social Security Act 
        (42 U.S.C. 1397dd(m)), as amended by section 3002(b) of the 
        HEALTHY KIDS Act (division C of Public Law 115-120), is 
        amended--
                    (A) in paragraph (2)(B)--
                          (i) in the matter preceding clause (i), by 
                      striking ``(25)'' and inserting ``(27)'';
                          (ii) in clause (i), by striking ``and 2023'' 
                      and inserting ``, 2023, and 2027''; and
                          (iii) in clause (ii)(I), by striking ``(or, in 
                      the case of fiscal year 2018, under paragraph 
                      (4))'' and inserting ``(or, in the case of fiscal 
                      year 2018 or 2024, under paragraph (4) or (10), 
                      respectively)'';
                    (B) in paragraph (5)--
                          (i) by striking ``or (10)'' and inserting 
                      ``(10), or (11)''; and
                          (ii) by striking ``or 2023,'' and inserting 
                      ``2023, or 2027,'';
                    (C) in paragraph (7)--
                          (i) in subparagraph (A), by striking ``2023'' 
                      and inserting ``2027,''; and
                          (ii) in the matter following subparagraph (B), 
                      by striking ``or fiscal year 2022'' and inserting 
                      ``fiscal year 2022, fiscal year 2024, or fiscal 
                      year 2026'';
                    (D) in paragraph (9)--
                          (i) by striking ``or (10)'' and inserting 
                      ``(10), or (11)''; and
                          (ii) by striking ``or 2023,'' and inserting 
                      ``2023, or 2027,''; and
                    (E) by adding at the end the following:
            ``(11) <<NOTE: Computations. States.>> For fiscal year 
        2027.--
                    ``(A) First half.--Subject to paragraphs (5) and 
                (7), from the amount made available under subparagraph 
                (A)

[[Page 132 STAT. 173]]

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

[[Page 132 STAT. 174]]

        made for the period beginning on October 1, 2026, and ending on 
        March 31, 2027, under paragraph (28)(A) of section 2104(a) of 
        such Act (42 U.S.C. 1397dd(a)), to remain available until 
        expended. Such amount shall be used to provide allotments to 
        States under paragraph (11) of section 2104(m) of such Act for 
        the first 6 months of fiscal year 2027 in the same manner as 
        allotments are provided under subsection (a)(28)(A) of such 
        section 2104 and subject to the same terms and conditions as 
        apply to the allotments provided from such subsection 
        (a)(28)(A).

    (c) Extension of the Child Enrollment Contingency Fund.--Section 
2104(n) of the Social Security Act (42 U.S.C. 1397dd(n)), as amended by 
section 3002(c) of the HEALTHY KIDS Act (division C of Public Law 115-
120), is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A)(ii)--
                          (i) by striking ``and 2018 through 2022'' and 
                      inserting ``2018 through 2022, and 2024 through 
                      2026''; and
                          (ii) by striking ``and 2023'' and inserting 
                      ``2023, and 2027''; and
                    (B) in subparagraph (B)--
                          (i) by striking ``and 2018 through 2022'' and 
                      inserting ``2018 through 2022, and 2024 through 
                      2026''; and
                          (ii) by striking ``and 2023'' and inserting 
                      ``2023, and 2027''; and
            (2) in paragraph (3)(A), in the matter preceding clause 
        (i)--
                    (A) by striking ``or in any of fiscal years 2018 
                through 2022'' and inserting ``fiscal years 2018 through 
                2022, or fiscal years 2024 through 2026''; and
                    (B) by striking ``or 2023'' and inserting ``2023, or 
                2027''.

    (d) Extension of Qualifying States Option.--Section 2105(g)(4) of 
the Social Security Act (42 U.S.C. 1397ee(g)(4)), as amended by section 
3002(d) of the HEALTHY KIDS Act (division C of Public Law 115-120), is 
amended--
            (1) in the paragraph heading, by striking ``through 2023'' 
        and inserting ``through 2027''; and
            (2) in subparagraph (A), by striking ``2023'' and inserting 
        ``2027''.

    (e) Extension of Express Lane Eligibility Option.--Section 
1902(e)(13)(I) of the Social Security Act (42 U.S.C. 1396a(e)(13)(I)), 
as amended by section 3002(e) of the HEALTHY KIDS Act (division C of 
Public Law 115-120), is amended by striking ``2023'' and inserting 
``2027''.
    (f) Assurance of Eligibility Standard for Children and Families.--
            (1) In general.--Section 2105(d)(3) of the Social Security 
        Act (42 U.S.C. 1397ee(d)(3)), as amended by section 3002(f)(1) 
        of the HEALTHY KIDS Act (division C of Public Law 115-120), is 
        amended--
                    (A) in the paragraph heading, by striking ``through 
                september 30, 2023'' and inserting ``through september 
                30, 2027''; and

[[Page 132 STAT. 175]]

                    (B) in subparagraph (A), in the matter preceding 
                clause (i), by striking ``2023'' each place it appears 
                and inserting ``2027''.
            (2) Conforming amendments.--Section 1902(gg)(2) of the 
        Social Security Act (42 U.S.C. 1396a(gg)(2)), as amended by 
        section 3002(f)(2) of the HEALTHY KIDS Act (division C of Public 
        Law 115-120), is amended--
                    (A) in the paragraph heading, by striking ``through 
                september 30, 2023'' and inserting ``through september 
                30, 2027''; and
                    (B) by striking ``2023,'' each place it appears and 
                inserting ``2027''.
SEC. 50102. EXTENSION OF PEDIATRIC QUALITY MEASURES PROGRAM.

    (a) In General.--Section 1139A(i)(1) of the Social Security Act (42 
U.S.C. 1320b-9a(i)(1)), as amended by section 3003(b) of the HEALTHY 
KIDS Act (division C of Public Law 115-120), is amended--
            (1) in subparagraph (B), by striking ``; and'' and inserting 
        a semicolon;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) <<NOTE: Time period.>>  for the period of 
                fiscal years 2024 through 2027, $60,000,000 for the 
                purpose of carrying out this section (other than 
                subsections (e), (f), and (g)).''.

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

[[Page 132 STAT. 176]]

SEC. 50103. <<NOTE: Time periods.>>  EXTENSION OF OUTREACH AND 
                            ENROLLMENT PROGRAM.

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

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

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

                      TITLE II--MEDICARE EXTENDERS

SEC. 50201. EXTENSION OF WORK GPCI FLOOR.

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

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

[[Page 132 STAT. 177]]

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

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

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

[[Page 132 STAT. 178]]

                          ``(I) a year before 2028, is $3,000;
                          ``(II) 2028, is the amount specified in 
                      subclause (I) increased by the percentage increase 
                      in the MEI (as defined in section 1842(i)(3)) for 
                      2028; and
                          ``(III) a subsequent year, is the amount 
                      specified in this clause for the preceding year 
                      increased by the percentage increase in the MEI 
                      (as defined in section 1842(i)(3)) for such 
                      subsequent year;
                except that if an increase under subclause (II) or (III) 
                for a year is not a multiple of $10, it shall be rounded 
                to the nearest multiple of $10.
                    ``(iii) Application.--The threshold under clause 
                (ii) shall be applied separately--
                          ``(I) for physical therapy services and 
                      speech-language pathology services; and
                          ``(II) for occupational therapy services.
                    ``(iv) <<NOTE: Time period.>>  Funding.--For 
                purposes of carrying out this subparagraph, the 
                Secretary shall provide for the transfer, from the 
                Federal Supplementary Medical Insurance Trust Fund under 
                section 1841 to the Centers for Medicare & Medicaid 
                Services Program Management Account, of $5,000,000 for 
                each fiscal year beginning with fiscal year 2018, to 
                remain available until expended. Such funds may not be 
                used by a contractor under section 1893(h) for medical 
                reviews under this subparagraph.''.
SEC. 50203. MEDICARE AMBULANCE SERVICES.

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

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

[[Page 132 STAT. 179]]

                      including rural areas and low population density 
                      areas described in paragraph (12).
                    ``(B) Specification of data collection system.--
                          ``(i) In general.--The Secretary shall--
                                    ``(I) <<NOTE: Deadline.>>  not later 
                                than December 31, 2019, specify the data 
                                collection system under subparagraph 
                                (A); and
                                    ``(II) identify the providers and 
                                suppliers of ground ambulance services 
                                that would be required to submit 
                                information under such data collection 
                                system, including the representative 
                                sample described in clause (ii).
                          ``(ii) Determination of representative 
                      sample.--
                                    ``(I) <<NOTE: Deadlines.>>  In 
                                general.--Not later than December 31, 
                                2019, with respect to the data 
                                collection for the first year under such 
                                system, and for each subsequent year 
                                through 2024, the Secretary shall 
                                determine a representative sample to 
                                submit information under the data 
                                collection system.
                                    ``(II) Requirements.--The sample 
                                under subclause (I) shall be 
                                representative of the different types of 
                                providers and suppliers of ground 
                                ambulance services (such as those 
                                providers and suppliers that are part of 
                                an emergency service or part of a 
                                government organization) and the 
                                geographic locations in which ground 
                                ambulance services are furnished (such 
                                as urban, rural, and low population 
                                density areas).
                                    ``(III) Limitation.--The Secretary 
                                shall not include an individual provider 
                                or supplier of ground ambulance services 
                                in the sample under subclause (I) in 2 
                                consecutive years, to the extent 
                                practicable.
                    ``(C) Reporting of cost information.--For each year, 
                a provider or supplier of ground ambulance services 
                identified by the Secretary under subparagraph 
                (B)(i)(II) as being required to submit information under 
                the data collection system with respect to a period for 
                the year shall submit to the Secretary information 
                specified under the system. Such information shall be 
                submitted in a form and manner, and at a time, specified 
                by the Secretary for purposes of this subparagraph.
                    ``(D) Payment reduction for failure to report.--
                          ``(i) <<NOTE: Effective date.>>  In general.--
                      Beginning January 1, 2022, subject to clause (ii), 
                      a 10 percent reduction to payments under this 
                      subsection shall be made for the applicable period 
                      (as defined in clause (ii)) to a provider or 
                      supplier of ground ambulance services that--
                                    ``(I) is required to submit 
                                information under the data collection 
                                system with respect to a period under 
                                subparagraph (C); and
                                    ``(II) does not sufficiently submit 
                                such information, as determined by the 
                                Secretary.
                          ``(ii) Applicable period defined.--For 
                      purposes of clause (i), the term `applicable 
                      period' means, with respect to a provider or 
                      supplier of ground ambulance

[[Page 132 STAT. 180]]

                      services, a year specified by the Secretary not 
                      more than 2 years after the end of the period with 
                      respect to which the Secretary has made a 
                      determination under clause (i)(II) that the 
                      provider or supplier of ground ambulance services 
                      failed to sufficiently submit information under 
                      the data collection system.
                          ``(iii) Hardship exemption.--The Secretary may 
                      exempt a provider or supplier from the payment 
                      reduction under clause (i) with respect to an 
                      applicable period in the event of significant 
                      hardship, such as a natural disaster, bankruptcy, 
                      or other similar situation that the Secretary 
                      determines interfered with the ability of the 
                      provider or supplier of ground ambulance services 
                      to submit such information in a timely manner for 
                      the specified period.
                          ``(iv) Informal review.--The Secretary shall 
                      establish a process under which a provider or 
                      supplier of ground ambulance services may seek an 
                      informal review of a determination that the 
                      provider or supplier is subject to the payment 
                      reduction under clause (i).
                    ``(E) Ongoing data collection.--
                          ``(i) Revision of data collection system.--The 
                      Secretary may, as the Secretary determines 
                      appropriate and, if available, taking into 
                      consideration the report (or reports) under 
                      subparagraph (F), revise the data collection 
                      system under subparagraph (A).
                          ``(ii) <<NOTE: Time period.>>  Subsequent data 
                      collection.--In order to continue to evaluate the 
                      extent to which reported costs relate to payment 
                      rates under this subsection and for other purposes 
                      the Secretary deems appropriate, the Secretary 
                      shall require providers and suppliers of ground 
                      ambulance services to submit information for years 
                      after 2024 as the Secretary determines 
                      appropriate, but in no case less often than once 
                      every 3 years.
                    ``(F) Ground ambulance data collection system 
                study.--
                          
                      ``(i) <<NOTE: Deadline. Assessment. Reports.>>  In 
                      general.--Not later than March 15, 2023, and as 
                      determined necessary by the Medicare Payment 
                      Advisory Commission thereafter, such Commission 
                      shall assess, and submit to Congress a report on, 
                      information submitted by providers and suppliers 
                      of ground ambulance services through the data 
                      collection system under subparagraph (A), the 
                      adequacy of payments for ground ambulance services 
                      under this subsection, and geographic variations 
                      in the cost of furnishing such services.
                          ``(ii) <<NOTE: Analysis.>>  Contents.--A 
                      report under clause (i) shall contain the 
                      following:
                                    ``(I) An analysis of information 
                                submitted through the data collection 
                                system.
                                    ``(II) An analysis of any burden on 
                                providers and suppliers of ground 
                                ambulance services associated with the 
                                data collection system.
                                    ``(III) <<NOTE: Recommenda-tion.>>  
                                A recommendation as to whether 
                                information should continue to be 
                                submitted through such data collection 
                                system or if such

[[Page 132 STAT. 181]]

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

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

[[Page 132 STAT. 182]]

                          (i) by striking ``subparagraph (B)'' and 
                      inserting ``subparagraphs (B) and (D)''; and
                          (ii) by inserting ``(except as provided in 
                      clause (i)(II) and subparagraph (D)(i))'' after 
                      ``regardless''; and
            (3) in subparagraph (D)--
                    (A) by striking ``through 2017'' and inserting 
                ``through 2022'';
                    (B) by striking ``hospitals with 200 or fewer'' and 
                inserting the following: ``hospitals--
                          ``(i) with respect to each of fiscal years 
                      2011 through 2018, with 200 or fewer'';
                    (C) by striking the period at the end and inserting 
                ``or portion of fiscal year; and''; and
                    (D) by adding at the end the following new clause:
                          ``(ii) <<NOTE: Time period.>>  with respect to 
                      each of fiscal years 2019 through 2022, with 500 
                      or fewer discharges in the fiscal year to 0 
                      percent for low-volume hospitals with greater than 
                      3,800 discharges in the fiscal year.''.

    (b) MedPAC Report on Extension of Increased Inpatient Hospital 
Payment Adjustment for Certain Low-volume Hospitals.--
            (1) In general.--Not later than March 15, 2022, the Medicare 
        Payment Advisory Commission shall submit to Congress a report on 
        the extension of the increased inpatient hospital payment 
        adjustment for certain low-volume hospitals under section 
        1886(d)(12) of the Social Security Act (42 U.S.C. 1395ww(d)(12)) 
        under the provisions of, and amendments made by, this section.
            (2) Contents.--The report under paragraph (1) shall include 
        an evaluation of the effects of such extension on the following:
                    (A) Beneficiary utilization of inpatient hospital 
                services under title XVIII of the Social Security Act 
                (42 U.S.C. 1395 et seq.).
                    (B) The financial status of hospitals with a low 
                volume of Medicare or total inpatient admissions.
                    (C) Program spending under such title XVIII.
                    (D) Other matters relevant to evaluating the effects 
                of such extension.
SEC. 50205. EXTENSION OF THE MEDICARE-DEPENDENT HOSPITAL (MDH) 
                            PROGRAM.

    (a) In General.--Section 1886(d)(5)(G) of the Social Security Act 
(42 U.S.C. 1395ww(d)(5)(G)) is amended--
            (1) in clause (i), by striking ``October 1, 2017'' and 
        inserting ``October 1, 2022'';
            (2) in clause (ii)(II), by striking ``October 1, 2017'' and 
        inserting ``October 1, 2022''; and
            (3) in clause (iv), by striking subclause (I) and inserting 
        the following new subclause:
            ``(I) that is located in--
                    ``(aa) a rural area; or
                    ``(bb) a State with no rural area (as defined in 
                paragraph (2)(D)) and satisfies any of the criteria in 
                subclause (I), (II), or (III) of paragraph 
                (8)(E)(ii),''; and
            (4) by inserting after subclause (IV) the following new 
        flush sentences:

[[Page 132 STAT. 183]]

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

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

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

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

[[Page 132 STAT. 184]]

            (1) in the first sentence--
                    (A) by striking ``2014 and'' and inserting 
                ``2014,''; and
                    (B) by inserting the following before the period: 
                ``, and $7,500,000 for each of fiscal years 2018 and 
                2019''; and
            (2) by adding at the end the following new sentence: 
        ``Amounts transferred for each of fiscal years 2018 and 2019 
        shall be in addition to any unobligated funds transferred for a 
        preceding fiscal year that are available under the preceding 
        sentence.''

    (b) Annual Report by Secretary to Congress.--Section 1890 of the 
Social Security Act (42 U.S.C. 1395aaa) is amended by adding at the end 
the following new subsection:
    ``(e) <<NOTE: Effective date.>>  Annual Report by Secretary to 
Congress.--By not later than March 1 of each year (beginning with 2019), 
the Secretary shall submit to Congress a report containing the 
following:
            ``(1) <<NOTE: Plan. Contracts.>>  A comprehensive plan that 
        identifies the quality measurement needs of programs and 
        initiatives of the Secretary and provides a strategy for using 
        the entity with a contract under subsection (a) and any other 
        entity the Secretary has contracted with or may contract with to 
        perform work associated with section 1890A to help meet those 
        needs, specifically with respect to the programs under this 
        title and title XIX. In <<NOTE: Updates.>>  years after the 
        first plan under this paragraph is submitted, the requirements 
        of this paragraph may be met by providing an update to the plan.
            ``(2) The amount of funding provided under subsection (d) 
        for purposes of carrying out this section and section 1890A that 
        has been obligated by the Secretary, the amount of funding 
        provided that has been expended, and the amount of funding 
        provided that remains unobligated.
            ``(3) With respect to the activities described under this 
        section or section 1890A, a description of how the funds 
        described in paragraph (2) have been obligated or expended, 
        including how much of that funding has been obligated or 
        expended for work performed by the Secretary, the entity with a 
        contract under subsection (a), and any other entity the 
        Secretary has contracted with to perform work.
            ``(4) A description of the activities for which the funds 
        described in paragraph (2) were used, including task orders and 
        activities assigned to the entity with a contract under 
        subsection (a), activities performed by the Secretary, and task 
        orders and activities assigned to any other entity the Secretary 
        has contracted with to perform work related to carrying out 
        section 1890A.
            ``(5) The amount of funding described in paragraph (2) that 
        has been obligated or expended for each of the activities 
        described in paragraph (4).
            ``(6) <<NOTE: Estimate. Time period.>>  Estimates for, and 
        descriptions of, obligations and expenditures that the Secretary 
        anticipates will be needed in the succeeding two year period to 
        carry out each of the quality measurement activities required 
        under this section and section 1890A, including any obligations 
        that will require funds to be expended in a future year.''.

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

[[Page 132 STAT. 185]]

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

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

[[Page 132 STAT. 186]]

                    (B) The efforts that the Secretary has undertaken to 
                meet quality measurement objectives associated with such 
                sections 1890 and 1890A, including division of 
                responsibilities for those efforts within the Department 
                of Health and Human Services and through contracts with 
                a consensus-based entity under subsection (a) of such 
                section 1890 (in this subsection referred to as the 
                ``consensus-based entity'') and other entities, and the 
                extent of any overlap among the work performed by the 
                Secretary, the consensus-based entity, the Measure 
                Applications Partnership (MAP) convened by such entity 
                to provide input to the Secretary on the selection of 
                quality and efficiency measures, and any other entities 
                the Secretary has contracted with to perform work 
                related to carrying out such sections 1890 and 1890A.
                    (C) The total amount of funding provided to the 
                Secretary for purposes of carrying out such sections 
                1890 and 1890A, the amount of such funding that has been 
                obligated or expended by the Secretary, and the amount 
                of such funding that remains unobligated.
                    (D) How the funds described in subparagraph (C) have 
                been allocated, including how much of the funding has 
                been allocated for work performed by the Secretary, the 
                consensus-based entity, and any other entity the 
                Secretary has contracted with to perform work related to 
                carrying out such sections 1890 and 1890A, respectively, 
                and descriptions of such work.
                    (E) The extent to which the Secretary has developed 
                a comprehensive and long-term plan to ensure that it can 
                achieve quality measurement objectives related to 
                carrying out such sections 1890 and 1890A in a timely 
                manner and with efficient use of available resources, 
                including the roles of the consensus-based entity, the 
                Measure Applications Partnership (MAP), and any other 
                entity the Secretary has contracted with to perform work 
                related to such sections 1890 and 1890A in helping the 
                Secretary achieve those objectives.
            (2) <<NOTE: Recommenda- tions.>>  Report.--Not later than 18 
        months after the date of enactment of this Act, the Comptroller 
        General of the United States shall submit to Congress a report 
        containing the results of the study conducted under paragraph 
        (1), together with recommendations for such legislation and 
        administrative action as the Comptroller General determines 
        appropriate.
SEC. 50207. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-
                            INCOME PROGRAMS; STATE HEALTH 
                            INSURANCE ASSISTANCE PROGRAM REPORTING 
                            REQUIREMENTS.

    (a) Funding Extensions.--
            (1) Additional funding for state health insurance 
        programs.--Subsection (a)(1)(B) of section 119 of the Medicare 
        Improvements for Patients and Providers Act of 2008 (42 U.S.C. 
        1395b-3 note), as amended by section 3306 of the Patient 
        Protection and Affordable Care Act (Public Law 111-148), section 
        610 of the American Taxpayer Relief Act of 2012 (Public Law 112-
        240), section 1110 of the Pathway for SGR Reform Act of 2013 
        (Public Law 113-67), section 110 of the Protecting Access to 
        Medicare Act of 2014 (Public Law 113-93), and section

[[Page 132 STAT. 187]]

        208 of the Medicare Access and CHIP Reauthorization Act of 2015 
        (Public Law 114-10) is amended--
                    (A) in clause (vi), by striking ``and'' at the end;
                    (B) in clause (vii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clauses:
                          ``(viii) for fiscal year 2018, of $13,000,000; 
                      and
                          ``(ix) for fiscal year 2019, of 
                      $13,000,000.''.
            (2) Additional funding for area agencies on aging.--
        Subsection (b)(1)(B) of such section 119, as so amended, is 
        amended--
                    (A) in clause (vi), by striking ``and'' at the end;
                    (B) in clause (vii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by inserting after clause (vii) the following 
                new clauses:
                          ``(viii) for fiscal year 2018, of $7,500,000; 
                      and
                          ``(ix) for fiscal year 2019, of $7,500,000.''.
            (3) Additional funding for aging and disability resource 
        centers.--Subsection (c)(1)(B) of such section 119, as so 
        amended, is amended--
                    (A) in clause (vi), by striking ``and'' at the end;
                    (B) in clause (vii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by inserting after clause (vii) the following 
                new clauses:
                          ``(viii) for fiscal year 2018, of $5,000,000; 
                      and
                          ``(ix) for fiscal year 2019, of $5,000,000.''.
            (4) Additional funding for contract with the national center 
        for benefits and outreach enrollment.--Subsection (d)(2) of such 
        section 119, as so amended, is amended--
                    (A) in clause (vi), by striking ``and'' at the end;
                    (B) in clause (vii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by inserting after clause (vii) the following 
                new clauses:
                          ``(viii) for fiscal year 2018, of $12,000,000; 
                      and
                          ``(ix) for fiscal year 2019, of 
                      $12,000,000.''.

    (b) State Health Insurance Assistance Program Reporting 
Requirements.-- <<NOTE: Effective date. Web posting. Grants. 42 USC 
1395b-3 note.>> Beginning not later than April 1, 2019, and biennially 
thereafter, the Agency for Community Living shall electronically post on 
its website the following information, with respect to grants to States 
for State health insurance assistance programs, (such information to be 
presented by State and by entity receiving funds from the State to carry 
out such a program funded by such grant):
            (1) The amount of Federal funding provided to each such 
        State for such program for the period involved and the amount of 
        Federal funding provided by each such State for such program to 
        each such entity for the period involved.
            (2) Information as the Secretary may specify, with respect 
        to such programs carried out through such grants, consistent 
        with the terms and conditions for receipt of such grants.
SEC. 50208. EXTENSION OF HOME HEALTH RURAL ADD-ON.

    (a) Extension.--

[[Page 132 STAT. 188]]

            (1) In general.--Section 421 of the Medicare Prescription 
        Drug, Improvement, and Modernization Act of 2003 (Public Law 
        108-173; 117 Stat. 2283; 42 U.S.C. 1395fff note), as amended by 
        section 5201(b) of the Deficit Reduction Act of 2005 (Public Law 
        109-171; 120 Stat. 46), section 3131(c) of the Patient 
        Protection and Affordable Care Act (Public Law 111-148; 124 
        Stat. 428), and section 210 of the Medicare Access and CHIP 
        Reauthorization Act of 2015 (Public Law 114-10; 129 Stat. 151) 
        is amended--
                    (A) in subsection (a), by striking ``January 1, 
                2018'' and inserting ``January 1, 2019'' each place it 
                appears;
                    (B) by redesignating subsections (b) and (c) as 
                subsections (c) and (d), respectively;
                    (C) in each of subsections (c) and (d), as so 
                redesignated, by striking ``subsection (a)'' and 
                inserting ``subsection (a) or (b)''; and
                    (D) by inserting after subsection (a) the following 
                new subsection:

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

[[Page 132 STAT. 189]]

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

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

[[Page 132 STAT. 190]]

   TITLE III--CREATING HIGH-QUALITY RESULTS AND OUTCOMES NECESSARY TO 
                     IMPROVE CHRONIC (CHRONIC) CARE

           Subtitle A--Receiving High Quality Care in the Home

SEC. 50301. EXTENDING THE INDEPENDENCE AT HOME DEMONSTRATION 
                            PROGRAM.

    (a) In General.--Section 1866E of the Social Security Act (42 U.S.C. 
1395cc-5) is amended--
            (1) in subsection (e)--
                    (A) in paragraph (1)--
                          (i) by striking ``An agreement'' and inserting 
                      ``Agreements''; and
                          (ii) by striking ``5-year'' and inserting ``7-
                      year''; and
                    (B) in paragraph (5)--
                          (i) by striking ``10,000'' and inserting 
                      ``15,000''; and
                          (ii) by adding at the end the following new 
                      sentence: ``An applicable beneficiary that 
                      participates in the demonstration program by 
                      reason of the increase from 10,000 to 15,000 in 
                      the preceding sentence pursuant to the amendment 
                      made by section 50301(a)(1)(B)(i) of the Advancing 
                      Chronic Care, Extenders, and Social Services Act 
                      shall be considered in the spending target 
                      estimates under paragraph (1) of subsection (c) 
                      and the incentive payment calculations under 
                      paragraph (2) of such subsection for the sixth and 
                      seventh years of such program.'';
            (2) in subsection (g), in the first sentence, by inserting 
        ``, including, to the extent practicable, with respect to the 
        use of electronic health information systems, as described in 
        subsection (b)(1)(A)(vi)'' after ``under the demonstration 
        program''; and
            (3) in subsection (i)(1)(A), by striking ``will not receive 
        an incentive payment for the second of 2'' and inserting ``did 
        not achieve savings for the third of 3''.

    (b) <<NOTE: 42 USC 1395cc-5 note.>>  Effective Date.--The amendment 
made by subsection (a)(3) shall take effect as if included in the 
enactment of Public Law 111-148.
SEC. 50302. EXPANDING ACCESS TO HOME DIALYSIS THERAPY.

    (a) In General.--Section 1881(b)(3) of the Social Security Act (42 
U.S.C. 1395rr(b)(3)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively;
            (2) in clause (ii), as redesignated by paragraph (1), by 
        striking ``on a comprehensive'' and insert ``subject to 
        subparagraph (B), on a comprehensive'';
            (3) by striking ``With respect to'' and inserting ``(A) With 
        respect to''; and
            (4) by adding at the end the following new subparagraph:

[[Page 132 STAT. 191]]

    ``(B)(i) For purposes of subparagraph (A)(ii), subject to clause 
(ii), an individual determined to have end stage renal disease receiving 
home dialysis may choose to receive monthly end stage renal disease-
related clinical assessments furnished on or after January 1, 2019, via 
telehealth.
    ``(ii) <<NOTE: Applicability. Time periods.>>  Clause (i) shall 
apply to an individual only if the individual receives a face-to-face 
clinical assessment, without the use of telehealth--
            ``(I) in the case of the initial 3 months of home dialysis 
        of such individual, at least monthly; and
            ``(II) after such initial 3 months, at least once every 3 
        consecutive months.''.

    (b) Originating Site Requirements.--
            (1) In general.--Section 1834(m) of the Social Security Act 
        (42 U.S.C. 1395m(m)) is amended--
                    (A) in paragraph (4)(C)(ii), by adding at the end 
                the following new subclauses:
                                    ``(IX) A renal dialysis facility, 
                                but only for purposes of section 
                                1881(b)(3)(B).
                                    ``(X) The home of an individual, but 
                                only for purposes of section 
                                1881(b)(3)(B).''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(5) Treatment of home dialysis monthly esrd-related 
        visit.--The geographic requirements described in paragraph 
        (4)(C)(i) shall not apply with respect to telehealth services 
        furnished on or after January 1, 2019, for purposes of section 
        1881(b)(3)(B), at an originating site described in subclause 
        (VI), (IX), or (X) of paragraph (4)(C)(ii).''.
            (2) No facility fee if originating site for home dialysis 
        therapy is the home.--Section 1834(m)(2)(B) of the Social 
        Security (42 U.S.C. 1395m(m)(2)(B)) is amended--
                    (A) by redesignating clauses (i) and (ii) as 
                subclauses (I) and (II), and indenting appropriately;
                    (B) in subclause (II), as redesignated by 
                subparagraph (A), by striking ``clause (i) or this 
                clause'' and inserting ``subclause (I) or this 
                subclause'';
                    (C) by striking ``site.--With respect to'' and 
                inserting ``site.--
                          ``(i) In general.--Subject to clause (ii), 
                      with respect to''; and
                    (D) by adding at the end the following new clause:
                          ``(ii) No facility fee if originating site for 
                      home dialysis therapy is the home.--No facility 
                      fee shall be paid under this subparagraph to an 
                      originating site described in paragraph 
                      (4)(C)(ii)(X).''.

    (c) Clarification Regarding Telehealth Provided to Beneficiaries.--
Section 1128A(i)(6) of the Social Security Act (42 U.S.C. 1320a-
7a(i)(6)) is amended--
            (1) in subparagraph (H), by striking ``or'' at the end;
            (2) in subparagraph (I), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(J) the provision of telehealth technologies (as 
                defined by the Secretary) on or after January 1, 2019, 
                by a provider of services or a renal dialysis facility 
                (as such terms are defined for purposes of title XVIII) 
                to an individual with end stage renal disease who is 
                receiving home dialysis

[[Page 132 STAT. 192]]

                for which payment is being made under part B of such 
                title, if--
                          ``(i) the telehealth technologies are not 
                      offered as part of any advertisement or 
                      solicitation;
                          ``(ii) the telehealth technologies are 
                      provided for the purpose of furnishing telehealth 
                      services related to the individual's end stage 
                      renal disease; and
                          ``(iii) the provision of the telehealth 
                      technologies meets any other requirements set 
                      forth in regulations promulgated by the 
                      Secretary.''.

    (d) Conforming Amendment.--Section 1881(b)(1) of the Social Security 
Act (42 U.S.C. 1395rr(b)(1)) is amended by striking ``paragraph (3)(A)'' 
and inserting ``paragraph (3)(A)(i)''.

                  Subtitle B--Advancing Team-Based Care

SEC. 50311. PROVIDING CONTINUED ACCESS TO MEDICARE ADVANTAGE 
                            SPECIAL NEEDS PLANS FOR VULNERABLE 
                            POPULATIONS.

    (a) Extension.--Section 1859(f)(1) of the Social Security Act (42 
U.S.C. 1395w-28(f)(1)) is amended by striking ``and for periods before 
January 1, 2019''.
    (b) Increased Integration of Dual SNPs.--
            (1) In general.--Section 1859(f) of the Social Security Act 
        (42 U.S.C. 1395w-28(f)) is amended--
                    (A) in paragraph (3), by adding at the end the 
                following new subparagraph:
                    ``(F) The plan meets the requirements applicable 
                under paragraph (8).''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(8) Increased integration of dual snps.--
                    ``(A) Designated contact.--The Secretary, acting 
                through the Federal Coordinated Health Care Office 
                established under section 2602 of Public Law 111-148, 
                shall serve as a dedicated point of contact for States 
                to address misalignments that arise with the integration 
                of specialized MA plans for special needs individuals 
                described in subsection (b)(6)(B)(ii) under this 
                paragraph and, consistent with such role, shall 
                establish--
                          ``(i) a uniform process for disseminating to 
                      State Medicaid agencies information under this 
                      title impacting contracts between such agencies 
                      and such plans under this subsection; and
                          ``(ii) basic resources for States interested 
                      in exploring such plans as a platform for 
                      integration, such as a model contract or other 
                      tools to achieve those goals.
                    ``(B) Unified grievances and appeals process.--
                          ``(i) <<NOTE: Deadline. Procedures.>>  In 
                      general.--Not later than April 1, 2020, the 
                      Secretary shall establish procedures, to the 
                      extent feasible as determined by the Secretary, 
                      unifying grievances and appeals procedures under 
                      sections 1852(f), 1852(g), 1902(a)(3), 1902(a)(5), 
                      and 1932(b)(4) for items and services provided by 
                      specialized MA plans for special needs individuals 
                      described in subsection (b)(6)(B)(ii) under this 
                      title and title XIX. <<NOTE: Applicability.>>  
                      With respect

[[Page 132 STAT. 193]]

                      to items and services described in the preceding 
                      sentence, procedures established under this clause 
                      shall apply in place of otherwise applicable 
                      grievances and appeals procedures. The Secretary 
                      shall solicit comment in developing such 
                      procedures from States, plans, beneficiaries and 
                      their representatives, and other relevant 
                      stakeholders.
                          ``(ii) Procedures.--The procedures established 
                      under clause (i) shall be included in the plan 
                      contract under paragraph (3)(D) and shall--
                                    ``(I) adopt the provisions for the 
                                enrollee that are most protective for 
                                the enrollee and, to the extent feasible 
                                as determined by the Secretary, are 
                                compatible with unified timeframes and 
                                consolidated access to external review 
                                under an integrated process;
                                    ``(II) take into account differences 
                                in State plans under title XIX to the 
                                extent necessary;
                                    ``(III) be easily navigable by an 
                                enrollee; and
                                    ``(IV) include the elements 
                                described in clause (iii), as 
                                applicable.
                          ``(iii) Elements described.--Both unified 
                      appeals and unified grievance procedures shall 
                      include, as applicable, the following elements 
                      described in this clause:
                                    ``(I) <<NOTE: Notification.>>  
                                Single written notification of all 
                                applicable grievances and appeal rights 
                                under this title and title 
                                XIX. <<NOTE: Waiver authority.>>  For 
                                purposes of this subparagraph, the 
                                Secretary may waive the requirements 
                                under section 1852(g)(1)(B) when the 
                                specialized MA plan covers items or 
                                services under this part or under title 
                                XIX.
                                    ``(II) Single pathways for 
                                resolution of any grievance or appeal 
                                related to a particular item or service 
                                provided by specialized MA plans for 
                                special needs individuals described in 
                                subsection (b)(6)(B)(ii) under this 
                                title and title XIX.
                                    ``(III) <<NOTE: Notices.>>  Notices 
                                written in plain language and available 
                                in a language and format that is 
                                accessible to the enrollee, including in 
                                non-English languages that are prevalent 
                                in the service area of the specialized 
                                MA plan.
                                    ``(IV) Unified timeframes for 
                                grievances and appeals processes, such 
                                as an individual's filing of a grievance 
                                or appeal, a plan's acknowledgment and 
                                resolution of a grievance or appeal, and 
                                notification of decisions with respect 
                                to a grievance or appeal.
                                    ``(V) Requirements for how the plan 
                                must process, track, and resolve 
                                grievances and appeals, to ensure 
                                beneficiaries are notified on a timely 
                                basis of decisions that are made 
                                throughout the grievance or appeals 
                                process and are able to easily determine 
                                the status of a grievance or appeal.
                          ``(iv) Continuation of benefits pending 
                      appeal.--The unified procedures under clause (i) 
                      shall, with respect to all benefits under parts A 
                      and B and

[[Page 132 STAT. 194]]

                      title XIX subject to appeal under such procedures, 
                      incorporate provisions under current law and 
                      implementing regulations that provide continuation 
                      of benefits pending appeal under this title and 
                      title XIX.
                    ``(C) Requirement for unified grievances and 
                appeals.--For 2021 and subsequent years, the contract of 
                a specialized MA plan for special needs individuals 
                described in subsection (b)(6)(B)(ii) with a State 
                Medicaid agency under paragraph (3)(D) shall require the 
                use of unified grievances and appeals procedures as 
                described in subparagraph (B).
                    ``(D) <<NOTE: Contracts. Determinations.>>  
                Requirements for integration.--
                          ``(i) In general.--For 2021 and subsequent 
                      years, a specialized MA plan for special needs 
                      individuals described in subsection (b)(6)(B)(ii) 
                      shall meet one or more of the following 
                      requirements, to the extent permitted under State 
                      law, for integration of benefits under this title 
                      and title XIX:
                                    ``(I) The specialized MA plan must 
                                meet the requirements of contracting 
                                with the State Medicaid agency described 
                                in paragraph (3)(D) in addition to 
                                coordinating long-term services and 
                                supports or behavioral health services, 
                                or both, by meeting an additional 
                                minimum set of requirements determined 
                                by the Secretary through the Federal 
                                Coordinated Health Care Office 
                                established under section 2602 of the 
                                Patient Protection and Affordable Care 
                                Act based on input from stakeholders, 
                                such as notifying the State in a timely 
                                manner of hospitalizations, emergency 
                                room visits, and hospital or nursing 
                                home discharges of enrollees, assigning 
                                one primary care provider for each 
                                enrollee, or sharing data that would 
                                benefit the coordination of items and 
                                services under this title and the State 
                                plan under title XIX. Such minimum set 
                                of requirements must be included in the 
                                contract of the specialized MA plan with 
                                the State Medicaid agency under such 
                                paragraph.
                                    ``(II) The specialized MA plan must 
                                meet the requirements of a fully 
                                integrated plan described in section 
                                1853(a)(1)(B)(iv)(II) (other than the 
                                requirement that the plan have similar 
                                average levels of frailty, as determined 
                                by the Secretary, as the PACE program), 
                                or enter into a capitated contract with 
                                the State Medicaid agency to provide 
                                long-term services and supports or 
                                behavioral health services, or both.
                                    ``(III) In the case of a specialized 
                                MA plan that is offered by a parent 
                                organization that is also the parent 
                                organization of a Medicaid managed care 
                                organization providing long term 
                                services and supports or behavioral 
                                services under a contract under section 
                                1903(m), the parent organization must 
                                assume clinical and financial 
                                responsibility for benefits provided 
                                under this title and title XIX with 
                                respect to any individual who

[[Page 132 STAT. 195]]

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

[[Page 132 STAT. 196]]

                                special needs individuals is established 
                                after the conclusion of the 
                                demonstration involved.
                                    ``(IV) A comparison group of such 
                                plans that are described in subparagraph 
                                (D)(i)(III).
                                    ``(V) A comparison group of MA 
                                plans, as feasible, not described in a 
                                previous subclause of this clause, with 
                                respect to the performance of such plans 
                                for enrollees who are special needs 
                                individuals described in subsection 
                                (b)(6)(B)(ii).
                          ``(ii) <<NOTE: Effective 
                      dates. Consultation.>>  Additional reports.--
                      Beginning with 2033 and every five years 
                      thereafter, the Medicare Payment Advisory 
                      Commission, in consultation with the Medicaid and 
                      CHIP Payment and Access Commission, shall conduct 
                      a study described in clause (i).''.
            (2) Conforming amendment to responsibilities of federal 
        coordinated health care office.--Section 2602(d) of Public Law 
        111-148 (42 U.S.C. 1315b(d)) is amended by adding at the end the 
        following new paragraphs:
            ``(6) To act as a designated contact for States under 
        subsection (f)(8)(A) of section 1859 of the Social Security Act 
        (42 U.S.C. 1395w-28) with respect to the integration of 
        specialized MA plans for special needs individuals described in 
        subsection (b)(6)(B)(ii) of such section.
            ``(7) To be responsible, subject to the final approval of 
        the Secretary, for developing regulations and guidance related 
        to the implementation of a unified grievance and appeals process 
        as described in subparagraphs (B) and (C) of section 1859(f)(8) 
        of the Social Security Act (42 U.S.C. 1395w-28(f)(8)).
            ``(8) To be responsible, subject to the final approval of 
        the Secretary, for developing regulations and guidance related 
        to the integration or alignment of policy and oversight under 
        the Medicare program under title XVIII of such Act and the 
        Medicaid program under title XIX of such Act regarding 
        specialized MA plans for special needs individuals described in 
        subsection (b)(6)(B)(ii) of such section 1859.''.

    (c) Improvements to Severe or Disabling Chronic Condition SNPs.--
            (1) Care management requirements.--Section 1859(f)(5) of the 
        Social Security Act (42 U.S.C. 1395w-28(f)(5)) is amended--
                    (A) by striking ``all snps.--The requirements'' and 
                inserting ``all snps.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                requirements'';
                    (B) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively, and indenting 
                appropriately; and
                    (C) in clause (ii), as redesignated by subparagraph 
                (B), by redesignating clauses (i) through (iii) as 
                subclauses (I) through (III), respectively, and 
                indenting appropriately; and
                    (D) by adding at the end the following new 
                subparagraph:
                    ``(B) Improvements to care management requirements 
                for severe or disabling chronic condition snps.--For 
                2020 and subsequent years, in the case of a specialized 
                MA plan for special needs individuals described

[[Page 132 STAT. 197]]

                in subsection (b)(6)(B)(iii), the requirements described 
                in this paragraph include the following:
                          ``(i) The interdisciplinary team under 
                      subparagraph (A)(ii)(III) includes a team of 
                      providers with demonstrated expertise, including 
                      training in an applicable specialty, in treating 
                      individuals similar to the targeted population of 
                      the plan.
                          ``(ii) Requirements developed by the Secretary 
                      to provide face-to-face encounters with 
                      individuals enrolled in the plan not less 
                      frequently than on an annual basis.
                          ``(iii) As part of the model of care under 
                      clause (i) of subparagraph (A), the results of the 
                      initial assessment and annual reassessment under 
                      clause (ii)(I) of such subparagraph of each 
                      individual enrolled in the plan are addressed in 
                      the individual's individualized care plan under 
                      clause (ii)(II) of such subparagraph.
                          ``(iv) As part of the annual evaluation and 
                      approval of such model of care, the Secretary 
                      shall take into account whether the plan fulfilled 
                      the previous year's goals (as required under the 
                      model of care).
                          ``(v) The Secretary shall establish a minimum 
                      benchmark for each element of the model of care of 
                      a plan. The Secretary shall only approve a plan's 
                      model of care under this paragraph if each element 
                      of the model of care meets the minimum benchmark 
                      applicable under the preceding sentence.''.
            (2) Revisions to the definition of a severe or disabling 
        chronic conditions specialized needs individual.--
                    (A) In general.--Section 1859(b)(6)(B)(iii) of the 
                Social Security Act (42 U.S.C. 1395w-28(b)(6)(B)(iii)) 
                is amended--
                          (i) by striking ``who have'' and inserting 
                      ``who--
                                    ``(I) before January 1, 2022, 
                                have'';
                          (ii) in subclause (I), as added by clause (i), 
                      by striking the period at the end and inserting 
                      ``; and''; and
                          (iii) by adding at the end the following new 
                      subclause:
                                    ``(II) on or after January 1, 2022, 
                                have one or more comorbid and medically 
                                complex chronic conditions that is life 
                                threatening or significantly limits 
                                overall health or function, have a high 
                                risk of hospitalization or other adverse 
                                health outcomes, and require intensive 
                                care coordination and that is listed 
                                under subsection (f)(9)(A).''.
                    (B) Panel of clinical advisors.--Section 1859(f) of 
                the Social Security Act (42 U.S.C. 1395w-28(f)), as 
                amended by subsection (b), is amended by adding at the 
                end the following new paragraph:
            ``(9) List of conditions for clarification of the definition 
        of a severe or disabling chronic conditions specialized needs 
        individual.--
                    ``(A) <<NOTE: Deadlines.>>  In general.--Not later 
                than December 31, 2020, and every 5 years thereafter, 
                subject to subparagraphs (B) and (C), the Secretary 
                shall convene a panel of clinical

[[Page 132 STAT. 198]]

                advisors to establish and update a list of conditions 
                that meet each of the following criteria:
                          ``(i) Conditions that meet the definition of a 
                      severe or disabling chronic condition under 
                      subsection (b)(6)(B)(iii) on or after January 1, 
                      2022.
                          ``(ii) Conditions that require prescription 
                      drugs, providers, and models of care that are 
                      unique to the specific population of enrollees in 
                      a specialized MA plan for special needs 
                      individuals described in such subsection on or 
                      after such date and--
                                    ``(I) as a result of access to, and 
                                enrollment in, such a specialized MA 
                                plan for special needs individuals, 
                                individuals with such condition would 
                                have a reasonable expectation of slowing 
                                or halting the progression of the 
                                disease, improving health outcomes and 
                                decreasing overall costs for individuals 
                                diagnosed with such condition compared 
                                to available options of care other than 
                                through such a specialized MA plan for 
                                special needs individuals; or
                                    ``(II) have a low prevalence in the 
                                general population of beneficiaries 
                                under this title or a disproportionally 
                                high per-beneficiary cost under this 
                                title.
                    ``(B) Inclusion of certain conditions.--The 
                conditions listed under subparagraph (A) shall include 
                HIV/AIDS, end stage renal disease, and chronic and 
                disabling mental illness.
                    ``(C) Requirement.--In establishing and updating the 
                list under subparagraph (A), the panel shall take into 
                account the availability of varied benefits, cost-
                sharing, and supplemental benefits under the model 
                described in paragraph (2) of section 1859(h), including 
                the expansion under paragraph (1) of such section.''.

    (d) Quality Measurement at the Plan Level for SNPs and Determination 
of Feasability of Quality Measurement at the Plan Level for All MA 
Plans.--Section 1853(o) of the Social Security Act (42 U.S.C. 1395w-
23(o)) is amended by adding at the end the following new paragraphs:
            ``(6) Quality measurement at the plan level for snps.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary may require reporting of data under section 
                1852(e) for, and apply under this subsection, quality 
                measures at the plan level for specialized MA plans for 
                special needs individuals instead of at the contract 
                level.
                    ``(B) Considerations.--Prior to applying quality 
                measurement at the plan level under this paragraph, the 
                Secretary shall--
                          ``(i) take into consideration the minimum 
                      number of enrollees in a specialized MA plan for 
                      special needs individuals in order to determine if 
                      a statistically significant or valid measurement 
                      of quality at the plan level is possible under 
                      this paragraph;
                          ``(ii) take into consideration the impact of 
                      such application on plans that serve a 
                      disproportionate number of individuals dually 
                      eligible for benefits under this title and under 
                      title XIX;

[[Page 132 STAT. 199]]

                          ``(iii) if quality measures are reported at 
                      the plan level, ensure that MA plans are not 
                      required to provide duplicative information; and
                          ``(iv) ensure that such reporting does not 
                      interfere with the collection of encounter data 
                      submitted by MA organizations or the 
                      administration of any changes to the program under 
                      this part as a result of the collection of such 
                      data.
                    ``(C) Application.--If the Secretary applies quality 
                measurement at the plan level under this paragraph--
                          ``(i) such quality measurement may include 
                      Medicare Health Outcomes Survey (HOS), Healthcare 
                      Effectiveness Data and Information Set (HEDIS), 
                      Consumer Assessment of Healthcare Providers and 
                      Systems (CAHPS) measures and quality measures 
                      under part D; and
                          ``(ii) the Secretary shall consider applying 
                      administrative actions, such as remedies described 
                      in section 1857(g)(2), at the plan level.
            ``(7) Determination of feasibility of quality measurement at 
        the plan level for all ma plans.--
                    ``(A) Determination of feasibility.--The Secretary 
                shall determine the feasibility of requiring reporting 
                of data under section 1852(e) for, and applying under 
                this subsection, quality measures at the plan level for 
                all MA plans under this part.
                    ``(B) Consideration of change.--After making a 
                determination under subparagraph (A), the Secretary 
                shall consider requiring such reporting and applying 
                such quality measures at the plan level as described in 
                such subparagraph''.

    (e) GAO Study and Report on State-Level Integration Between Dual 
SNPs and Medicaid.--
            (1) Study.--The Comptroller General of the United States (in 
        this subsection referred to as the ``Comptroller General'') 
        shall conduct a study on State-level integration between 
        specialized MA plans for special needs individuals described in 
        subsection (b)(6) (B)(ii) of section 1859 of the Social Security 
        Act (42 U.S.C. 1395w-28) and the Medicaid program under title 
        XIX of such Act (42 U.S.C. 1396 et seq.). <<NOTE: Analysis.>>  
        Such study shall include an analysis of the following:
                    (A) The characteristics of States in which the State 
                agency responsible for administering the State plan 
                under such title XIX has a contract with such a 
                specialized MA plan and that delivers long-term services 
                and supports under the State plan under such title XIX 
                through a managed care program, including the 
                requirements under such State plan with respect to long-
                term services and supports.
                    (B) The types of such specialized MA plans, which 
                may include the following:
                          (i) A plan described in section 
                      1853(a)(1)(B)(iv)(II) of such Act (42 U.S.C. 
                      1395w-23(a)(1)(B)(iv)(II)).
                          (ii) A plan that meets the requirements 
                      described in subsection (f)(3)(D) of such section 
                      1859.
                          (iii) A plan described in clause (ii) that 
                      also meets additional requirements established by 
                      the State.

[[Page 132 STAT. 200]]

                    (C) The characteristics of individuals enrolled in 
                such specialized MA plans.
                    (D) As practicable, the following with respect to 
                State programs for the delivery of long-term services 
                and supports under such title XIX through a managed care 
                program:
                          (i) Which populations of individuals are 
                      eligible to receive such services and supports.
                          (ii) Whether all such services and supports 
                      are provided on a capitated basis or if any of 
                      such services and supports are carved out and 
                      provided through fee-for service.
                    (E) As practicable, how the availability and 
                variation of integration arrangements of such 
                specialized MA plans offered in States affects spending, 
                service delivery options, access to community-based 
                care, and utilization of care.
                    (F) The efforts of State Medicaid programs to 
                transition dually-eligible beneficiaries receiving long-
                term services and supports (LTSS) from institutional 
                settings to home and community-based settings and 
                related financial impacts of such transitions.
                    (G) <<NOTE: Recommenda- tions.>>  Barriers and 
                opportunities for making further progress on dual 
                integration, as well as recommendations for legislation 
                or administrative action to expedite or refine pathways 
                toward fully integrated care.
            (2) Report.-- <<NOTE: Recommenda- tions.>> Not later than 2 
        years after the date of the enactment of this Act, the 
        Comptroller General shall submit to Congress a report containing 
        the results of the study conducted under paragraph (1), together 
        with recommendations for such legislation and administrative 
        action as the Comptroller General determines appropriate.

             Subtitle C--Expanding Innovation and Technology

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

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

[[Page 132 STAT. 201]]

SEC. 50322. EXPANDING SUPPLEMENTAL BENEFITS TO MEET THE NEEDS OF 
                            CHRONICALLY ILL MEDICARE ADVANTAGE 
                            ENROLLEES.

    (a) In General.--Section 1852(a)(3) of the Social Security Act (42 
U.S.C. 1395w-22(a)(3)) is amended--
            (1) in subparagraph (A), by striking ``Each'' and inserting 
        ``Subject to subparagraph (D), each''; and
            (2) by adding at the end the following new subparagraph:
                    ``(D) Expanding supplemental benefits to meet the 
                needs of chronically ill enrollees.--
                          ``(i) In general.--For plan year 2020 and 
                      subsequent plan years, in addition to any 
                      supplemental health care benefits otherwise 
                      provided under this paragraph, an MA plan, 
                      including a specialized MA plan for special needs 
                      individuals (as defined in section 1859(b)(6)), 
                      may provide supplemental benefits described in 
                      clause (ii) to a chronically ill enrollee (as 
                      defined in clause (iii)).
                          ``(ii) Supplemental benefits described.--
                                    ``(I) In general.--Supplemental 
                                benefits described in this clause are 
                                supplemental benefits that, with respect 
                                to a chronically ill enrollee, have a 
                                reasonable expectation of improving or 
                                maintaining the health or overall 
                                function of the chronically ill enrollee 
                                and may not be limited to being 
                                primarily health related benefits.
                                    ``(II) <<NOTE: Determination.>>  
                                Authority to waive uniformity 
                                requirements.--The Secretary may, only 
                                with respect to supplemental benefits 
                                provided to a chronically ill enrollee 
                                under this subparagraph, waive the 
                                uniformity requirements under this part, 
                                as determined appropriate by the 
                                Secretary.
                          ``(iii) Chronically ill enrollee defined.--In 
                      this subparagraph, the term `chronically ill 
                      enrollee' means an enrollee in an MA plan that the 
                      Secretary determines--
                                    ``(I) has one or more comorbid and 
                                medically complex chronic conditions 
                                that is life threatening or 
                                significantly limits the overall health 
                                or function of the enrollee;
                                    ``(II) has a high risk of 
                                hospitalization or other adverse health 
                                outcomes; and
                                    ``(III) requires intensive care 
                                coordination.''.

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

[[Page 132 STAT. 202]]

                supplemental benefit, and whether the supplemental 
                benefit is covered by the standard benchmark cost of the 
                benefit or with an additional premium.
                    (B) The frequency in which supplemental benefits are 
                utilized by such enrollees.
                    (C) The impact supplemental benefits have on--
                          (i) indicators of the quality of care received 
                      by such enrollees, including overall health and 
                      function of the enrollees;
                          (ii) the utilization of items and services for 
                      which benefits are available under the original 
                      Medicare fee-for-service program option under 
                      parts A and B of such title XVIII by such 
                      enrollees; and
                          (iii) the amount of the bids submitted by 
                      Medicare Advantage Organizations for Medicare 
                      Advantage plans under such part C.
            (2) Consultation.--In conducting the study under paragraph 
        (1), the Comptroller General shall, as necessary, consult with 
        the Centers for Medicare & Medicaid Services and Medicare 
        Advantage organizations offering Medicare Advantage plans.
            (3) <<NOTE: Recommenda- tions.>>  Report.--Not later than 5 
        years after the date of the enactment of this Act, the 
        Comptroller General shall submit to Congress a report containing 
        the results of the study conducted under paragraph (1), together 
        with recommendations for such legislation and administrative 
        action as the Comptroller General determines appropriate.
SEC. 50323. INCREASING CONVENIENCE FOR MEDICARE ADVANTAGE 
                            ENROLLEES THROUGH TELEHEALTH.

    (a) In General.--Section 1852 of the Social Security Act (42 U.S.C. 
1395w-22) is amended--
            (1) in subsection (a)(1)(B)(i), by inserting ``, subject to 
        subsection (m),'' after ``means''; and
            (2) by adding at the end the following new subsection:

    ``(m) Provision of Additional Telehealth Benefits.--
            ``(1) MA plan option.--For plan year 2020 and subsequent 
        plan years, subject to the requirements of paragraph (3), an MA 
        plan may provide additional telehealth benefits (as defined in 
        paragraph (2)) to individuals enrolled under this part.
            ``(2) Additional telehealth benefits defined.--
                    ``(A) In general.--For purposes of this subsection 
                and section 1854:
                          ``(i) Definition.--The term `additional 
                      telehealth benefits' means services--
                                    ``(I) for which benefits are 
                                available under part B, including 
                                services for which payment is not made 
                                under section 1834(m) due to the 
                                conditions for payment under such 
                                section; and
                                    ``(II) that are identified for such 
                                year as clinically appropriate to 
                                furnish using electronic information and 
                                telecommunications technology when a 
                                physician (as defined in section 
                                1861(r)) or practitioner (described in 
                                section 1842(b)(18)(C)) providing the 
                                service is not at the same location as 
                                the plan enrollee.

[[Page 132 STAT. 203]]

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

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

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

[[Page 132 STAT. 204]]

    ``(l) Providing ACOs the Ability To Expand the Use of Telehealth 
Services.--
            ``(1) In general.--In the case of telehealth services for 
        which payment would otherwise be made under this title furnished 
        on or after January 1, 2020, for purposes of this subsection 
        only, the following shall apply with respect to such services 
        furnished by a physician or practitioner participating in an 
        applicable ACO (as defined in paragraph (2)) to a Medicare fee-
        for-service beneficiary assigned to the applicable ACO:
                    ``(A) Inclusion of home as originating site.--
                Subject to paragraph (3), the home of a beneficiary 
                shall be treated as an originating site described in 
                section 1834(m)(4)(C)(ii).
                    ``(B) No application of geographic limitation.--The 
                geographic limitation under section 1834(m)(4)(C)(i) 
                shall not apply with respect to an originating site 
                described in section 1834(m)(4)(C)(ii) (including the 
                home of a beneficiary under subparagraph (A)), subject 
                to State licensing requirements.
            ``(2) Definitions.--In this subsection:
                    ``(A) Applicable aco.--The term `applicable ACO' 
                means an ACO participating in a model tested or expanded 
                under section 1115A or under this section--
                          ``(i) that operates under a two-sided model--
                                    ``(I) described in section 
                                425.600(a) of title 42, Code of Federal 
                                Regulations; or
                                    ``(II) tested or expanded under 
                                section 1115A; and
                          ``(ii) for which Medicare fee-for-service 
                      beneficiaries are assigned to the ACO using a 
                      prospective assignment method, as determined 
                      appropriate by the Secretary.
                    ``(B) Home.--The term `home' means, with respect to 
                a Medicare fee-for-service beneficiary, the place of 
                residence used as the home of the beneficiary.
            ``(3) <<NOTE: Applicability.>>  Telehealth services received 
        in the home.--In the case of telehealth services described in 
        paragraph (1) where the home of a Medicare fee-for-service 
        beneficiary is the originating site, the following shall apply:
                    ``(A) No facility fee.--There shall be no facility 
                fee paid to the originating site under section 
                1834(m)(2)(B).
                    ``(B) Exclusion of certain services.--No payment may 
                be made for such services that are inappropriate to 
                furnish in the home setting such as services that are 
                typically furnished in inpatient settings such as a 
                hospital.''.

    (b) Study and Report.--
            (1) Study.--
                    (A) In general.-- <<NOTE: 42 USC 1395jjj note.>> The 
                Secretary of Health and Human Services (in this 
                subsection referred to as the ``Secretary'') shall 
                conduct a study on the implementation of section 1899(l) 
                of the Social Security Act, as added by subsection 
                (a). <<NOTE: Analysis.>>  Such study shall include an 
                analysis of the utilization of, and expenditures for, 
                telehealth services under such section.
                    (B) Collection of data.--The Secretary may collect 
                such data as the Secretary determines necessary to carry 
                out the study under this paragraph.

[[Page 132 STAT. 205]]

            (2) <<NOTE: Recommenda- tions. 42 USC 1395jjj note.>>  
        Report.--Not later than January 1, 2026, the Secretary shall 
        submit to Congress a report containing the results of the study 
        conducted under paragraph (1), together with recommendations for 
        such legislation and administrative action as the Secretary 
        determines appropriate.
SEC. 50325. EXPANDING THE USE OF TELEHEALTH FOR INDIVIDUALS WITH 
                            STROKE.

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

         Subtitle D--Identifying the Chronically Ill Population

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

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

[[Page 132 STAT. 206]]

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

   Subtitle E--Empowering Individuals and Caregivers in Care Delivery

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

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

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

[[Page 132 STAT. 207]]

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

[[Page 132 STAT. 208]]

                      in any other health insurance policy or health 
                      benefit plan;
                          ``(iii) made for each qualifying service 
                      furnished to such a beneficiary described in 
                      clause (i) or (ii) of subparagraph (B) during a 
                      period specified by the Secretary; and
                          ``(iv) <<NOTE: Deadline.>>  made no later than 
                      30 days after a qualifying service is furnished to 
                      such a beneficiary described in clause (i) or (ii) 
                      of subparagraph (B).
                    ``(E) No separate payments from the secretary.--The 
                Secretary shall not make any separate payment to an ACO 
                for the costs, including incentive payments, of carrying 
                out an ACO Beneficiary Incentive Program established 
                under this subsection. Nothing in this subparagraph 
                shall be construed as prohibiting an ACO from using 
                shared savings received under this section to carry out 
                an ACO Beneficiary Incentive Program.
                    ``(F) No application to shared savings 
                calculation.--Incentive payments made by an ACO under 
                this subsection shall be disregarded for purposes of 
                calculating benchmarks, estimated average per capita 
                Medicare expenditures, and shared savings under this 
                section.
                    ``(G) Reporting requirements.--An ACO conducting an 
                ACO Beneficiary Incentive Program under this subsection 
                shall, at such times and in such format as the Secretary 
                may require, report to the Secretary such information 
                and retain such documentation as the Secretary may 
                require, including the amount and frequency of incentive 
                payments made and the number of Medicare fee-for-service 
                beneficiaries receiving such payments.
                    ``(H) Termination.--The Secretary may terminate an 
                ACO Beneficiary Incentive Program established under this 
                subsection at any time for reasons determined 
                appropriate by the Secretary.
            ``(3) Exclusion of incentive payments.--Any payment made 
        under an ACO Beneficiary Incentive Program established under 
        this subsection shall not be considered income or resources or 
        otherwise taken into account for purposes of--
                    ``(A) determining eligibility for benefits or 
                assistance (or the amount or extent of benefits or 
                assistance) under any Federal program or under any State 
                or local program financed in whole or in part with 
                Federal funds; or
                    ``(B) any Federal or State laws relating to 
                taxation.'';
            (3) in subsection (e), by inserting ``, including an ACO 
        Beneficiary Incentive Program under subsections (b)(2)(I) and 
        (m)'' after ``the program''; and
            (4) in subsection (g)(6), by inserting ``or of an ACO 
        Beneficiary Incentive Program under subsections (b)(2)(I) and 
        (m)'' after ``under subsection (d)(4)''.

    (b) Amendment to Section 1128B.--Section 1128B(b)(3) of the Social 
Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended--
            (1) by striking ``and'' at the end of subparagraph (I);
            (2) by striking the period at the end of subparagraph (J) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:

[[Page 132 STAT. 209]]

                    ``(K) an incentive payment made to a Medicare fee-
                for-service beneficiary by an ACO under an ACO 
                Beneficiary Incentive Program established under 
                subsection (m) of section 1899, if the payment is made 
                in accordance with the requirements of such subsection 
                and meets such other conditions as the Secretary may 
                establish.''.

    (c) Evaluation and Report.--
            (1) Evaluation.--The Secretary of Health and Human Services 
        (in this subsection referred to as the ``Secretary'') shall 
        conduct an evaluation of the ACO Beneficiary Incentive Program 
        established under subsections (b)(2)(I) and (m) of section 1899 
        of the Social Security Act (42 U.S.C. 1395jjj), as added by 
        subsection (a). <<NOTE: Analysis.>>  The evaluation shall 
        include an analysis of the impact of the implementation of the 
        Program on expenditures and beneficiary health outcomes under 
        title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).
            (2) Report.-- <<NOTE: Recommenda- tions.>> Not later than 
        October 1, 2023, the Secretary shall submit to Congress a report 
        containing the results of the evaluation under paragraph (1), 
        together with recommendations for such legislation and 
        administrative action as the Secretary determines appropriate.
SEC. 50342. GAO STUDY AND REPORT ON LONGITUDINAL COMPREHENSIVE 
                            CARE PLANNING SERVICES UNDER MEDICARE 
                            PART B.

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

[[Page 132 STAT. 210]]

        treatment decisions, and what the challenges might be in 
        implementing such options.
            (6) Stakeholder's views on the need for the development of 
        quality metrics with respect to longitudinal comprehensive care 
        planning services, such as measures related to--
                    (A) the process of eliciting input from the Medicare 
                beneficiary or from a legally authorized representative 
                and documenting in the medical record the patient-
                directed care plan;
                    (B) the effectiveness and patient-centeredness of 
                the care plan in organizing delivery of services 
                consistent with the plan;
                    (C) the availability of the care plan and associated 
                documentation to other providers that care for the 
                beneficiary; and
                    (D) the extent to which the beneficiary received 
                services and support that is free from discrimination 
                based on advanced age, disability status, or advanced 
                illness.
            (7) Stakeholder's views on how such quality metrics would 
        provide information on--
                    (A) the goals, values, and preferences of the 
                beneficiary;
                    (B) the documentation of the care plan;
                    (C) services furnished to the beneficiary; and
                    (D) outcomes of treatment.
            (8) Stakeholder's views on--
                    (A) the type of training and education needed for 
                applicable providers, individuals, and caregivers in 
                order to facilitate longitudinal comprehensive care 
                planning services;
                    (B) the types of providers of services and suppliers 
                that should be included in the interdisciplinary team of 
                an applicable provider; and
                    (C) the characteristics of Medicare beneficiaries 
                that would be most appropriate to receive longitudinal 
                comprehensive care planning services, such as 
                individuals with advanced disease and individuals who 
                need assistance with multiple activities of daily 
                living.
            (9) Stakeholder's views on the frequency with which 
        longitudinal comprehensive care planning services should be 
        furnished.

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

    (c) Definitions.--In this section:
            (1) Applicable provider.--The term ``applicable provider'' 
        means a hospice program (as defined in subsection (dd)(2) of 
        section 1861 of the Social Security Act (42 U.S.C. 1395ww)) or 
        other provider of services (as defined in subsection (u) of such 
        section) or supplier (as defined in subsection (d) of such 
        section) that--
                    (A) furnishes longitudinal comprehensive care 
                planning services through an interdisciplinary team; and
                    (B) meets such other requirements as the Secretary 
                may determine to be appropriate.

[[Page 132 STAT. 211]]

            (2) Comptroller general.--The term ``Comptroller General'' 
        means the Comptroller General of the United States.
            (3) Interdisciplinary team.--The term ``interdisciplinary 
        team'' means a group that--
                    (A) includes the personnel described in subsection 
                (dd)(2)(B)(i) of such section 1861;
                    (B) may include a chaplain, minister, or other 
                clergy; and
                    (C) may include other direct care personnel.
            (4) Longitudinal comprehensive care planning services.--The 
        term ``longitudinal comprehensive care planning services'' means 
        a voluntary shared decisionmaking process that is furnished by 
        an applicable provider through an interdisciplinary team and 
        includes a conversation with Medicare beneficiaries who have 
        received a diagnosis of a serious or life-threatening illness. 
        The purpose of such services is to discuss a longitudinal care 
        plan that addresses the progression of the disease, treatment 
        options, the goals, values, and preferences of the beneficiary, 
        and the availability of other resources and social supports that 
        may reduce the beneficiary's health risks and promote self-
        management and shared decisionmaking.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

   Subtitle F--Other Policies to Improve Care for the Chronically Ill

SEC. 50351. GAO STUDY AND REPORT ON IMPROVING MEDICATION 
                            SYNCHRONIZATION.

    (a) Study.--The Comptroller General of the United States (in this 
section referred to as the ``Comptroller General'') shall conduct a 
study on the extent to which Medicare prescription drug plans (MA-PD 
plans and stand alone prescription drug plans) under part D of title 
XVIII of the Social Security Act and private payors use programs that 
synchronize pharmacy dispensing so that individuals may receive multiple 
prescriptions on the same day to facilitate comprehensive counseling and 
promote medication adherence. <<NOTE: Analysis.>>  The study shall 
include a analysis of the following:
            (1) The extent to which pharmacies have adopted such 
        programs.
            (2) The common characteristics of such programs, including 
        how pharmacies structure counseling sessions under such programs 
        and the types of payment and other arrangements that Medicare 
        prescription drug plans and private payors employ under such 
        programs to support the efforts of pharmacies.
            (3) How such programs compare for Medicare prescription drug 
        plans and private payors.
            (4) What is known about how such programs affect patient 
        medication adherence and overall patient health outcomes, 
        including if adherence and outcomes vary by patient 
        subpopulations, such as disease state and socioeconomic status.
            (5) What is known about overall patient satisfaction with 
        such programs and satisfaction with such programs, including 
        within patient subpopulations, such as disease state and 
        socioeconomic status.

[[Page 132 STAT. 212]]

            (6) The extent to which laws and regulations of the Medicare 
        program support such programs.
            (7) Barriers to the use of medication synchronization 
        programs by Medicare prescription drug plans.

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

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

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

[[Page 132 STAT. 213]]

SEC. 50353. HHS STUDY AND REPORT ON LONG-TERM RISK FACTORS FOR 
                            CHRONIC CONDITIONS AMONG MEDICARE 
                            BENEFICIARIES.

    (a) Study.--The Secretary of Health and Human Services (in this 
section referred to as the ``Secretary'') shall conduct a study on long-
term cost drivers to the Medicare program, including obesity, tobacco 
use, mental health conditions, and other factors that may contribute to 
the deterioration of health conditions among individuals with chronic 
conditions in the Medicare population. The <<NOTE: Analysis.>> study 
shall include an analysis of any barriers to collecting and analyzing 
such information and how to remove any such barriers (including through 
legislation and administrative actions).

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

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

[[Page 132 STAT. 214]]

                          ``(ii) To conduct retroactive reviews of 
                      medically accepted indications determinations.
                          ``(iii) To facilitate enrollment changes to a 
                      different prescription drug plan or an MA-PD plan 
                      offered by the same parent organization.
                          ``(iv) To inform marketing of benefits.
                          ``(v) <<NOTE: Determination.>>  For any other 
                      purpose that the Secretary determines is necessary 
                      to include in order to protect the identity of 
                      individuals entitled to, or enrolled for, benefits 
                      under this title and to protect the security of 
                      personal health information.
                    ``(D) <<NOTE: Determination.>>  Data described.--The 
                data described in this clause are standardized extracts 
                (as determined by the Secretary) of claims data under 
                parts A and B for items and services furnished under 
                such parts for time periods specified by the Secretary. 
                Such data shall include data as current as 
                practicable.''.

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

               Subtitle A--Medicare Part B Improvement Act

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

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

[[Page 132 STAT. 215]]

                      is identified in clauses (i), (ii), (iii) or (iv) 
                      of subparagraph (C) as of the date of the 
                      enactment of this paragraph.
                    ``(B) Payment methodology.--For purposes of this 
                paragraph, the Secretary shall establish a payment 
                methodology, with respect to items and services 
                described in subparagraph (A)(i). Under such payment 
                methodology the Secretary shall--
                          ``(i) create the three payment categories 
                      described in clauses (i), (ii), and (iii) of 
                      subparagraph (C);
                          ``(ii) assign drugs to such categories, in 
                      accordance with such clauses;
                          ``(iii) assign appropriate Healthcare Common 
                      Procedure Coding System (HCPCS) codes to each 
                      payment category; and
                          ``(iv) establish a single payment amount for 
                      each such payment category, in accordance with 
                      subparagraph (D), for each infusion drug 
                      administration calendar day in the individual's 
                      home for drugs assigned to such category.
                    ``(C) Payment categories.--
                          ``(i) Payment category 1.--The Secretary shall 
                      create a payment category 1 and assign to such 
                      category drugs which are covered under the Local 
                      Coverage Determination on External Infusion Pumps 
                      (LCD number L33794) and billed with the following 
                      HCPCS codes (as identified as of January 1, 2018, 
                      and as subsequently modified by the Secretary): 
                      J0133, J0285, J0287, J0288, J0289, J0895, J1170, 
                      J1250, J1265, J1325, J1455, J1457, J1570, J2175, 
                      J2260, J2270, J2274, J2278, J3010, or J3285.
                          ``(ii) Payment category 2.--The Secretary 
                      shall create a payment category 2 and assign to 
                      such category drugs which are covered under such 
                      local coverage determination and billed with the 
                      following HCPCS codes (as identified as of January 
                      1, 2018, and as subsequently modified by the 
                      Secretary): J1555 JB, J1559 JB, J1561 JB, J1562 
                      JB, J1569 JB, or J1575 JB.
                          ``(iii) Payment category 3.--The Secretary 
                      shall create a payment category 3 and assign to 
                      such category drugs which are covered under such 
                      local coverage determination and billed with the 
                      following HCPCS codes (as identified as of January 
                      1, 2018, and as subsequently modified by the 
                      Secretary): J9000, J9039, J9040, J9065, J9100, 
                      J9190, J9200, J9360, or J9370.
                          ``(iv) Infusion drugs not otherwise 
                      included.--With <<NOTE: Determination.>> respect 
                      to drugs that are not included in payment category 
                      1, 2, or 3 under clause (i), (ii), or (iii), 
                      respectively, the Secretary shall assign to the 
                      most appropriate of such categories, as determined 
                      by the Secretary, drugs which are--
                                    ``(I) covered under such local 
                                coverage determination and billed under 
                                HCPCS codes J7799 or J7999 (as 
                                identified as of July 1, 2017, and as 
                                subsequently modified by the Secretary); 
                                or

[[Page 132 STAT. 216]]

                                    ``(II) billed under any code that is 
                                implemented after the date of the 
                                enactment of this paragraph and included 
                                in such local coverage determination or 
                                included in subregulatory guidance as a 
                                home infusion drug described in 
                                subparagraph (A)(i).
                    ``(D) Payment amounts.--
                          ``(i) In general.--Under the payment 
                      methodology, the Secretary shall pay eligible home 
                      infusion suppliers, with respect to items and 
                      services described in subparagraph (A)(i) 
                      furnished during the period described in 
                      subparagraph (A)(ii) by such supplier to an 
                      individual, at amounts equal to the amounts 
                      determined under the physician fee schedule 
                      established under section 1848 for services 
                      furnished during the year for codes and units of 
                      such codes described in clauses (ii), (iii), and 
                      (iv) with respect to drugs included in the payment 
                      category under subparagraph (C) specified in the 
                      respective clause, determined without application 
                      of the geographic adjustment under subsection (e) 
                      of such section.
                          ``(ii) Payment amount for category 1.--For 
                      purposes of clause (i), the codes and units 
                      described in this clause, with respect to drugs 
                      included in payment category 1 described in 
                      subparagraph (C)(i), are one unit of HCPCS code 
                      96365 plus three units of HCPCS code 96366 (as 
                      identified as of January 1, 2018, and as 
                      subsequently modified by the Secretary).
                          ``(iii) Payment amount for category 2.--For 
                      purposes of clause (i), the codes and units 
                      described in this clause, with respect to drugs 
                      included in payment category 2 described in 
                      subparagraph (C)(i), are one unit of HCPCS code 
                      96369 plus three units of HCPCS code 96370 (as 
                      identified as of January 1, 2018, and as 
                      subsequently modified by the Secretary).
                          ``(iv) Payment amount for category 3.--For 
                      purposes of clause (i), the codes and units 
                      described in this clause, with respect to drugs 
                      included in payment category 3 described in 
                      subparagraph (C)(i), are one unit of HCPCS code 
                      96413 plus three units of HCPCS code 96415 (as 
                      identified as of January 1, 2018, and as 
                      subsequently modified by the Secretary).
                    ``(E) Clarifications.--
                          ``(i) Infusion drug administration day.--For 
                      purposes of this subsection, with respect to the 
                      furnishing of transitional home infusion drugs or 
                      home infusion drugs to an individual by an 
                      eligible home infusion supplier or a qualified 
                      home infusion therapy supplier, a reference to 
                      payment to such supplier for an infusion drug 
                      administration calendar day in the individual's 
                      home shall refer to payment only for the date on 
                      which professional services (as described in 
                      section 1861(iii)(2)(A)) were furnished to 
                      administer such drugs to such individual. For 
                      purposes of the previous sentence, an infusion 
                      drug administration calendar day shall include all 
                      such drugs administered to such individual on such 
                      day.

[[Page 132 STAT. 217]]

                          ``(ii) Treatment of multiple drugs 
                      administered on same infusion drug administration 
                      day.--In the case that an eligible home infusion 
                      supplier, with respect to an infusion drug 
                      administration calendar day in an individual's 
                      home, furnishes to such individual transitional 
                      home infusion drugs which are not all assigned to 
                      the same payment category under subparagraph (C), 
                      payment to such supplier for such infusion drug 
                      administration calendar day in the individual's 
                      home shall be a single payment equal to the amount 
                      of payment under this paragraph for the drug, 
                      among all such drugs so furnished to such 
                      individual during such calendar day, for which the 
                      highest payment would be made under this 
                      paragraph.
                    ``(F) <<NOTE: Definition.>>  Eligible home infusion 
                suppliers.--In this paragraph, the term `eligible home 
                infusion supplier' means a supplier that is enrolled 
                under this part as a pharmacy that provides external 
                infusion pumps and external infusion pump supplies and 
                that maintains all pharmacy licensure requirements in 
                the State in which the applicable infusion drugs are 
                administered.
                    ``(G) Implementation.--Notwithstanding any other 
                provision of law, the Secretary may implement this 
                paragraph by program instruction or otherwise.''.

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

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

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

[[Page 132 STAT. 218]]

                          (ii) in paragraph (4), by inserting 
                      ``(including a renal dialysis facility)'' after 
                      ``facility''; and
                    (B) by adding at the end the following new 
                subsection:

    ``(e) With respect to an accreditation body that has received 
approval from the Secretary under subsection (a)(3)(A) for accreditation 
of provider entities that are required to meet the conditions and 
requirements under section 1881(b), in addition to review and oversight 
authorities otherwise applicable under this title, the Secretary shall 
(as the Secretary determines appropriate) conduct, with respect to such 
accreditation body and provider entities, any or all of the following as 
frequently as is otherwise required to be conducted under this title 
with respect to other accreditation bodies or other provider entities:
            ``(1) Validation surveys referred to in subsection (d).
            ``(2) Accreditation program reviews (as defined in section 
        488.8(c) of title 42 of the Code of Federal Regulations, or a 
        successor regulation).
            ``(3) Performance reviews (as defined in section 488.8(a) of 
        title 42 of the Code of Federal Regulations, or a successor 
        regulation).''.
            (2) <<NOTE: 42 USC 1395bb note.>>  Timing for acceptance of 
        requests from accreditation organizations.-- 
        <<NOTE: Deadline.>> Not later than 90 days after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services shall begin accepting requests from national 
        accreditation bodies for a finding described in section 
        1865(a)(3)(A) of the Social Security Act (42 U.S.C. 
        1395bb(a)(3)(A)) for purposes of accrediting provider entities 
        that are required to meet the conditions and requirements under 
        section 1881(b) of such Act (42 U.S.C. 1395rr(b)).

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

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

[[Page 132 STAT. 219]]

            (2) Signature requirement.--Section 1877(h)(1) of the Social 
        Security Act (42 U.S.C. 1395nn(h)(1)), as amended by paragraph 
        (1), is further amended by adding at the end the following new 
        subparagraph:
                    ``(E) Special rule for signature requirements.--In 
                the case of any requirement pursuant to this section for 
                a compensation arrangement to be in writing and signed 
                by the parties, such signature requirement shall be met 
                if--
                          ``(i) <<NOTE: Time period.>>  not later than 
                      90 consecutive calendar days immediately following 
                      the date on which the compensation arrangement 
                      became noncompliant, the parties obtain the 
                      required signatures; and
                          ``(ii) the compensation arrangement otherwise 
                      complies with all criteria of the applicable 
                      exception.''.

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

[[Page 132 STAT. 220]]

               Subtitle B--Additional Medicare Provisions

SEC. 50411. MAKING PERMANENT THE REMOVAL OF THE RENTAL CAP FOR 
                            DURABLE MEDICAL EQUIPMENT UNDER 
                            MEDICARE WITH RESPECT TO SPEECH 
                            GENERATING DEVICES.

    Section 1834(a)(2)(A)(iv) of the Social Security Act (42 U.S.C. 
1395m(a)(2)(A)(iv)) is amended by striking ``and before October 1, 
2018,''.
SEC. 50412. INCREASED CIVIL AND CRIMINAL PENALTIES AND INCREASED 
                            SENTENCES FOR FEDERAL HEALTH CARE 
                            PROGRAM FRAUD AND ABUSE.

    (a) Increased Civil Money Penalties and Criminal Fines.--
            (1) Increased civil money penalties.--Section 1128A of the 
        Social Security Act (42 U.S.C. 1320a-7a) is amended--
                    (A) in subsection (a), in the matter following 
                paragraph (10)--
                          (i) by striking ``$10,000'' and inserting 
                      ``$20,000'' each place it appears;
                          (ii) by striking ``$15,000'' and inserting 
                      ``$30,000''; and
                          (iii) by striking ``$50,000'' and inserting 
                      ``$100,000'' each place it appears; and
                    (B) in subsection (b)--
                          (i) in paragraph (1), in the flush text 
                      following subparagraph (B), by striking ``$2,000'' 
                      and inserting ``$5,000'';
                          (ii) in paragraph (2), by striking ``$2,000'' 
                      and inserting ``$5,000''; and
                          (iii) in paragraph (3)(A)(i), by striking 
                      ``$5,000'' and inserting ``$10,000''.
            (2) Increased criminal fines.--Section 1128B of such Act (42 
        U.S.C. 1320a-7b) is amended--
                    (A) in subsection (a), in the matter following 
                paragraph (6)--
                          (i) by striking ``$25,000'' and inserting 
                      ``$100,000''; and
                          (ii) by striking ``$10,000'' and inserting 
                      ``$20,000'';
                    (B) in subsection (b)--
                          (i) in paragraph (1), in the flush text 
                      following subparagraph (B), by striking 
                      ``$25,000'' and inserting ``$100,000''; and
                          (ii) in paragraph (2), in the flush text 
                      following subparagraph (B), by striking 
                      ``$25,000'' and inserting ``$100,000'';
                    (C) in subsection (c), by striking ``$25,000'' and 
                inserting ``$100,000'';
                    (D) in subsection (d), in the flush text following 
                paragraph (2), by striking ``$25,000'' and inserting 
                ``$100,000''; and
                    (E) in subsection (e), by striking ``$2,000'' and 
                inserting ``$4,000''.

    (b) Increased Sentences for Felonies Involving Federal Health Care 
Program Fraud and Abuse.--

[[Page 132 STAT. 221]]

            (1) False statements and representations.--Section 1128B(a) 
        of the Social Security Act (42 U.S.C. 1320a-7b(a)) is amended, 
        in the matter following paragraph (6), by striking ``not more 
        than five years or both, or (ii)'' and inserting ``not more than 
        10 years or both, or (ii)''.
            (2) Antikickback.--Section 1128B(b) of such Act (42 U.S.C. 
        1320a-7b(b)) is amended--
                    (A) in paragraph (1), in the flush text following 
                subparagraph (B), by striking ``not more than five 
                years'' and inserting ``not more than 10 years''; and
                    (B) in paragraph (2), in the flush text following 
                subparagraph (B), by striking ``not more than five 
                years'' and inserting ``not more than 10 years''.
            (3) False statement or representation with respect to 
        conditions or operations of facilities.--Section 1128B(c) of 
        such Act (42 U.S.C. 1320a-7b(c)) is amended by striking ``not 
        more than five years'' and inserting ``not more than 10 years''.
            (4) Excess charges.--Section 1128B(d) of such Act (42 U.S.C. 
        1320a-7b(d)) is amended, in the flush text following paragraph 
        (2), by striking ``not more than five years'' and inserting 
        ``not more than 10 years''.

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

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

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

[[Page 132 STAT. 222]]

                that will allow the entity to furnish such products in a 
                manner consistent with its bid and--
                          ``(i) demonstrate to the Secretary, through 
                      letters of intent with manufacturers, wholesalers, 
                      or other suppliers, or other evidence as the 
                      Secretary may specify, such ability; or
                          ``(ii) demonstrate to the Secretary that it 
                      made a good faith attempt to obtain such a letter 
                      of intent or such other evidence.
                    ``(D) Use of unlisted types in calculation of 
                percentage.--With respect to bids to furnish diabetic 
                testing strip products on or after January 1, 2019, in 
                determining under subparagraph (A) whether a bid 
                submitted by an entity under such subparagraph covers 50 
                percent (or such higher percentage as the Secretary may 
                specify) of all types of diabetic testing strip 
                products, the Secretary may not attribute a percentage 
                to types of diabetic testing strip products that the 
                Secretary does not identify by brand, model, and market 
                share volume.
                    ``(E) Adherence to demonstration.--
                          ``(i) In general.--In the case of an entity 
                      that is furnishing diabetic testing strip products 
                      on or after January 1, 2019, under a contract 
                      entered into under the competition conducted 
                      pursuant to paragraph (1), the Secretary shall 
                      establish a process to monitor, on an ongoing 
                      basis, the extent to which such entity continues 
                      to cover the product types included in the 
                      entity's bid.
                          ``(ii) <<NOTE: Determination.>>  
                      Termination.--If the Secretary determines that an 
                      entity described in clause (i) fails to maintain 
                      in inventory, or otherwise maintain ready access 
                      to (through requirements, contracts, or otherwise) 
                      a type of product included in the entity's bid, 
                      the Secretary may terminate such contract unless 
                      the Secretary finds that the failure of the entity 
                      to maintain inventory of, or ready access to, the 
                      product is the result of the discontinuation of 
                      the product by the product manufacturer, a market-
                      wide shortage of the product, or the introduction 
                      of a newer model or version of the product in the 
                      market involved.''.

    (b) Codifying and Expanding Anti-switching Rule.--Section 1847(b) of 
the Social Security Act (42 U.S.C. 1395w-3(b)), as amended by subsection 
(a)(1), is further amended--
            (1) by redesignating paragraph (11) as paragraph (12); and
            (2) by inserting after paragraph (10) the following new 
        paragraph:
            ``(11) Additional special rules in case of competition for 
        diabetic testing strips.--
                    ``(A) In general.--With respect to an entity that is 
                furnishing diabetic testing strip products to 
                individuals under a contract entered into under the 
                competitive acquisition program established under this 
                section, the entity shall furnish to each individual a 
                brand of such products that is compatible with the home 
                blood glucose monitor selected by the individual.

[[Page 132 STAT. 223]]

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

    (c) <<NOTE: 42 USC 1395w-3 note.>>  Implementation; Non-application 
of the Paperwork Reduction Act.--
            (1) Implementation.--Notwithstanding any other provision of 
        law, the Secretary of Health and Human Services may implement 
        the provisions of, and amendments made by, this section by 
        program instruction or otherwise.
            (2) Non-application of the paperwork reduction act.--Chapter 
        35 of title 44, United States Code (commonly referred to as the 
        ``Paperwork Reduction Act of 1995''), shall not apply to this 
        section or the amendments made by this section.

[[Page 132 STAT. 224]]

                     TITLE V--OTHER HEALTH EXTENDERS

SEC. 50501. EXTENSION FOR FAMILY-TO-FAMILY HEALTH INFORMATION 
                            CENTERS.

    Section 501(c) of the Social Security Act (42 U.S.C. 701(c)) is 
amended--
            (1) in paragraph (1)(A)--
                    (A) in clause (v), by striking ``and'' at the end;
                    (B) in clause (vi), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
            ``(vii) $6,000,000 for each of fiscal years 2018 and 
        2019.'';
            (2) in paragraph (3)(C), by inserting before the period the 
        following: ``, and with respect to fiscal years 2018 and 2019, 
        such centers shall also be developed in all territories and at 
        least one such center shall be developed for Indian tribes''; 
        and
            (3) by amending paragraph (5) to read as follows:

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

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

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

[[Page 132 STAT. 225]]

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

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

[[Page 132 STAT. 226]]

            ``(5) Research.--
                    ``(A) In general.--A State or other entity receiving 
                an allotment pursuant to subsection (a) may use up to 20 
                percent of such allotment to build the evidence base for 
                sexual risk avoidance education by conducting or 
                supporting research.
                    ``(B) Requirements.--Any research conducted or 
                supported pursuant to subparagraph (A) shall be--
                          ``(i) rigorous;
                          ``(ii) evidence-based; and
                          ``(iii) designed and conducted by independent 
                      researchers who have experience in conducting and 
                      publishing research in peer-reviewed outlets.
            ``(6) Information collection and reporting.--A State or 
        other entity receiving an allotment pursuant to subsection (a) 
        shall, as specified by the Secretary--
                    ``(A) collect information on the programs and 
                activities funded through the allotment; and
                    ``(B) submit reports to the Secretary on the data 
                from such programs and activities.

    ``(c) National Evaluation.--
            ``(1) In general.--The Secretary shall--
                    ``(A) <<NOTE: Consultation.>>  in consultation with 
                appropriate State and local agencies, conduct one or 
                more rigorous evaluations of the education funded 
                through this section and associated data; and
                    ``(B) <<NOTE: Reports.>>  submit a report to the 
                Congress on the results of such evaluations, together 
                with a summary of the information collected pursuant to 
                subsection (b)(6).
            ``(2) Consultation.--In conducting the evaluations required 
        by paragraph (1), including the establishment of rigorous 
        evaluation methodologies, the Secretary shall consult with 
        relevant stakeholders and evaluation experts.

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

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

[[Page 132 STAT. 227]]

                    ``(A) established scientific methods for measuring 
                the impact of an intervention or program model in 
                changing behavior (specifically sexual activity or other 
                sexual risk behaviors), or reducing pregnancy, among 
                youth; or
                    ``(B) other evidence-based methodologies established 
                by the Secretary for purposes of this section.
            ``(4) The term `youth' refers to one or more individuals who 
        have attained age 10 but not age 20.

    ``(f) Funding.--
            ``(1) In general.--To carry out this section, there is 
        appropriated, out of any money in the Treasury not otherwise 
        appropriated, $75,000,000 for each of fiscal years 2018 and 
        2019.
            ``(2) Reservation.--The Secretary shall reserve, for each of 
        fiscal years 2018 and 2019, not more than 20 percent of the 
        amount appropriated pursuant to paragraph (1) for administering 
        the program under this section, including the conducting of 
        national evaluations and the provision of technical assistance 
        to the recipients of allotments.''.

    (b) <<NOTE: 42 USC 710 note.>>  Effective Date.--The amendment made 
by this section shall take effect as if enacted on October 1, 2017.
SEC. 50503. EXTENSION FOR PERSONAL RESPONSIBILITY EDUCATION.

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

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

[[Page 132 STAT. 228]]

       TITLE VI--CHILD AND FAMILY SERVICES AND SUPPORTS EXTENDERS

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

SEC. 50601. CONTINUING EVIDENCE-BASED HOME VISITING PROGRAM.

    Section 511(j)(1)(H) of the Social Security Act (42 U.S.C. 
711(j)(1)(H)) is amended by striking ``fiscal year 2017'' and inserting 
``each of fiscal years 2017 through 2022''.
SEC. 50602. CONTINUING TO DEMONSTRATE RESULTS TO HELP FAMILIES.

    (a) Require Service Delivery Models To Demonstrate Improvement in 
Applicable Benchmark Areas.--Section 511 of the Social Security Act (42 
U.S.C. 711) is amended in each of subsections (d)(1)(A) and (h)(4)(A) by 
striking ``each of''.
    (b) Demonstration of Improvements in Subsequent Years.--Section 
511(d)(1) of such Act (42 U.S.C. 711(d)(1)) is amended by adding at the 
end the following:
                    ``(D) <<NOTE: Reports.>>  Demonstration of 
                improvements in subsequent years.--
                          ``(i) <<NOTE: Deadline. Time period.>>  
                      Continued measurement of improvement in applicable 
                      benchmark areas.--The eligible entity, after 
                      demonstrating improvements for eligible families 
                      as specified in subparagraphs (A) and (B), shall 
                      continue to track and report, not later than 30 
                      days after the end of fiscal year 2020 and every 3 
                      years thereafter, information demonstrating that 
                      the program results in improvements for the 
                      eligible families participating in the program in 
                      at least 4 of the areas specified in subparagraph 
                      (A) that the service delivery model or models 
                      selected by the entity are intended to improve.
                          ``(ii) Corrective action plan.--If the 
                      eligible entity fails to demonstrate improvement 
                      in at least 4 of the areas specified in 
                      subparagraph (A), as compared to eligible families 
                      who do not receive services under an early 
                      childhood home visitation program, the entity 
                      shall develop and implement a plan to improve 
                      outcomes in each of the areas specified in 
                      subparagraph (A) that the service delivery model 
                      or models selected by the entity are intended to 
                      improve, subject to approval by the Secretary. The 
                      plan shall include provisions for the Secretary to 
                      monitor implementation of the plan and conduct 
                      continued oversight of the program, including 
                      through submission by the entity of regular 
                      reports to the Secretary.
                          ``(iii) Technical assistance.--The Secretary 
                      shall provide an eligible entity required to 
                      develop and implement an improvement plan under 
                      clause (ii) with technical assistance to develop 
                      and implement the

[[Page 132 STAT. 229]]

                      plan. The Secretary may provide the technical 
                      assistance directly or through grants, contracts, 
                      or cooperative agreements.
                          ``(iv) No improvement or failure to submit 
                      report.-- <<NOTE: Determinations.>> If the 
                      Secretary determines after a period of time 
                      specified by the Secretary that an eligible entity 
                      implementing an improvement plan under clause (ii) 
                      has failed to demonstrate any improvement in at 
                      least 4 of the areas specified in subparagraph 
                      (A), or if the Secretary determines that an 
                      eligible entity has failed to submit the report 
                      required by clause (i), the Secretary shall 
                      terminate the grant made to the entity under this 
                      section and may include any unexpended grant funds 
                      in grants made to nonprofit organizations under 
                      subsection (h)(2)(B).''.

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

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

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

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

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

[[Page 132 STAT. 230]]

        cooperative agreement, or other agreement awarded by a public 
        entity in which a commitment is made to pay for improved 
        outcomes achieved as a result of the intervention that result in 
        social benefit and direct cost savings or cost avoidance to the 
        public sector. Such an initiative shall include--
                    ``(A) <<NOTE: Study.>>  a feasibility study that 
                describes how the proposed intervention is based on 
                evidence of effectiveness;
                    ``(B) <<NOTE: Evaluation. Determination.>>  a 
                rigorous, third-party evaluation that uses experimental 
                or quasi-experimental design or other research 
                methodologies that allow for the strongest possible 
                causal inferences to determine whether the initiative 
                has met its proposed outcomes as a result of the 
                intervention;
                    ``(C) <<NOTE: Deadline. Public 
                information. Reports. Requirement.>>  an annual, 
                publicly available report on the progress of the 
                initiative; and
                    ``(D) a requirement that payments are made to the 
                recipient of a grant, contract, or cooperative agreement 
                only when agreed upon outcomes are achieved, except that 
                this requirement shall not apply with respect to 
                payments to a third party conducting the evaluation 
                described in subparagraph (B).''.

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

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

[[Page 132 STAT. 231]]

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

    (b) <<NOTE: 42 USC 711 note.>>  Effective Date.--The amendment made 
by subsection (a) shall take effect on the date that is 2 years after 
the date of enactment of this Act.
SEC. 50607. ALLOCATION OF FUNDS.

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

[[Page 132 STAT. 232]]

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

  Subtitle B--Extension of Health Professions Workforce Demonstration 
                                Projects

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

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

             TITLE VII--FAMILY FIRST PREVENTION SERVICES ACT

   Subtitle A-- <<NOTE: Bipartisan Budget Act of 2018.>> Investing in 
Prevention and Supporting Families
SEC. 50701. <<NOTE: 42 USC 1305 note.>> SHORT TITLE.

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

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

             PART I--PREVENTION ACTIVITIES UNDER TITLE IV-E

SEC. 50711. FOSTER CARE PREVENTION SERVICES AND PROGRAMS.

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

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

[[Page 132 STAT. 233]]

        described in paragraph (2) and the parents or kin caregivers of 
        the child when the need of the child, such a parent, or such a 
        caregiver for the services or programs are directly related to 
        the safety, permanence, or well-being of the child or to 
        preventing the child from entering foster care:
                    ``(A) Mental health and substance abuse prevention 
                and treatment services.--Mental health and substance 
                abuse prevention and treatment services provided by a 
                qualified clinician for not more than a 12-month period 
                that begins on any date described in paragraph (3) with 
                respect to the child.
                    ``(B) In-home parent skill-based programs.--In-home 
                parent skill-based programs for not more than a 12-month 
                period that begins on any date described in paragraph 
                (3) with respect to the child and that include parenting 
                skills training, parent education, and individual and 
                family counseling.
            ``(2) Child described.--For purposes of paragraph (1), a 
        child described in this paragraph is the following:
                    ``(A) A child who is a candidate for foster care (as 
                defined in section 475(13)) but can remain safely at 
                home or in a kinship placement with receipt of services 
                or programs specified in paragraph (1).
                    ``(B) A child in foster care who is a pregnant or 
                parenting foster youth.
            ``(3) Date described.--For purposes of paragraph (1), the 
        dates described in this paragraph are the following:
                    ``(A) The date on which a child is identified in a 
                prevention plan maintained under paragraph (4) as a 
                child who is a candidate for foster care (as defined in 
                section 475(13)).
                    ``(B) The date on which a child is identified in a 
                prevention plan maintained under paragraph (4) as a 
                pregnant or parenting foster youth in need of services 
                or programs specified in paragraph (1).
            ``(4) Requirements related to providing services and 
        programs.--Services and programs specified in paragraph (1) may 
        be provided under this subsection only if specified in advance 
        in the child's prevention plan described in subparagraph (A) and 
        the requirements in subparagraphs (B) through (E) are met:
                    ``(A) Prevention plan.--The State maintains a 
                written prevention plan for the child that meets the 
                following requirements (as applicable):
                          ``(i) Candidates.--In the case of a child who 
                      is a candidate for foster care described in 
                      paragraph (2)(A), the prevention plan shall--
                                    ``(I) identify the foster care 
                                prevention strategy for the child so 
                                that the child may remain safely at 
                                home, live temporarily with a kin 
                                caregiver until reunification can be 
                                safely achieved, or live permanently 
                                with a kin caregiver;
                                    ``(II) list the services or programs 
                                to be provided to or on behalf of the 
                                child to ensure the success of that 
                                prevention strategy; and
                                    ``(III) <<NOTE: Compliance.>> comply 
                                with such other requirements as the 
                                Secretary shall establish.

[[Page 132 STAT. 234]]

                          ``(ii) Pregnant or parenting foster youth.--In 
                      the case of a child who is a pregnant or parenting 
                      foster youth described in paragraph (2)(B), the 
                      prevention plan shall--
                                    ``(I) be included in the child's 
                                case plan required under section 475(1);
                                    ``(II) list the services or programs 
                                to be provided to or on behalf of the 
                                youth to ensure that the youth is 
                                prepared (in the case of a pregnant 
                                foster youth) or able (in the case of a 
                                parenting foster youth) to be a parent;
                                    ``(III) describe the foster care 
                                prevention strategy for any child born 
                                to the youth; and
                                    ``(IV) <<NOTE: Compliance.>>  comply 
                                with such other requirements as the 
                                Secretary shall establish.
                    ``(B) Trauma-informed.--The services or programs to 
                be provided to or on behalf of a child are provided 
                under an organizational structure and treatment 
                framework that involves understanding, recognizing, and 
                responding to the effects of all types of trauma and in 
                accordance with recognized principles of a trauma-
                informed approach and trauma-specific interventions to 
                address trauma's consequences and facilitate healing.
                    ``(C) Only services and programs provided in 
                accordance with promising, supported, or well-supported 
                practices permitted.--
                          ``(i) In general.--Only State expenditures for 
                      services or programs specified in subparagraph (A) 
                      or (B) of paragraph (1) that are provided in 
                      accordance with practices that meet the 
                      requirements specified in clause (ii) of this 
                      subparagraph and that meet the requirements 
                      specified in clause (iii), (iv), or (v), 
                      respectively, for being a promising, supported, or 
                      well-supported practice, shall be eligible for a 
                      Federal matching payment under section 
                      474(a)(6)(A).
                          ``(ii) General practice requirements.--The 
                      general practice requirements specified in this 
                      clause are the following:
                                    ``(I) The practice has a book, 
                                manual, or other available writings that 
                                specify the components of the practice 
                                protocol and describe how to administer 
                                the practice.
                                    ``(II) There is no empirical basis 
                                suggesting that, compared to its likely 
                                benefits, the practice constitutes a 
                                risk of harm to those receiving it.
                                    ``(III) If multiple outcome studies 
                                have been conducted, the overall weight 
                                of evidence supports the benefits of the 
                                practice.
                                    ``(IV) Outcome measures are reliable 
                                and valid, and are administrated 
                                consistently and accurately across all 
                                those receiving the practice.
                                    ``(V) There is no case data 
                                suggesting a risk of harm that was 
                                probably caused by the treatment and 
                                that was severe or frequent.
                          ``(iii) <<NOTE: Study.>>  Promising 
                      practice.--A practice shall be considered to be a 
                      `promising practice' if the practice is superior 
                      to an appropriate comparison practice using

[[Page 132 STAT. 235]]

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

[[Page 132 STAT. 236]]

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

[[Page 132 STAT. 237]]

                      the risk of the child entering foster care remains 
                      high despite the provision of the services or 
                      programs.
                          ``(iii) With respect to the services and 
                      programs specified in subparagraphs (A) and (B) of 
                      paragraph (1), information on the specific 
                      promising, supported, or well-supported practices 
                      the State plans to use to provide the services or 
                      programs, including a description of--
                                    ``(I) the services or programs and 
                                whether the practices used are 
                                promising, supported, or well-supported;
                                    ``(II) how the State plans to 
                                implement the services or programs, 
                                including how implementation of the 
                                services or programs will be 
                                continuously monitored to ensure 
                                fidelity to the practice model and to 
                                determine outcomes achieved and how 
                                information learned from the monitoring 
                                will be used to refine and improve 
                                practices;
                                    ``(III) how the State selected the 
                                services or programs;
                                    ``(IV) the target population for the 
                                services or programs; and
                                    ``(V) <<NOTE: Evaluation.>>  how 
                                each service or program provided will be 
                                evaluated through a well-designed and 
                                rigorous process, which may consist of 
                                an ongoing, cross-site evaluation 
                                approved by the Secretary.
                          ``(iv) <<NOTE: Consultation.>>  A description 
                      of the consultation that the State agencies 
                      responsible for administering the State plans 
                      under this part and part B engage in with other 
                      State agencies responsible for administering 
                      health programs, including mental health and 
                      substance abuse prevention and treatment services, 
                      and with other public and private agencies with 
                      experience in administering child and family 
                      services, including community-based organizations, 
                      in order to foster a continuum of care for 
                      children described in paragraph (2) and their 
                      parents or kin caregivers.
                          ``(v) <<NOTE: Assessment.>>  A description of 
                      how the State shall assess children and their 
                      parents or kin caregivers to determine eligibility 
                      for services or programs specified in paragraph 
                      (1).
                          ``(vi) A description of how the services or 
                      programs specified in paragraph (1) that are 
                      provided for or on behalf of a child and the 
                      parents or kin caregivers of the child will be 
                      coordinated with other child and family services 
                      provided to the child and the parents or kin 
                      caregivers of the child under the State plans in 
                      effect under subparts 1 and 2 of part B.
                          ``(vii) Descriptions of steps the State is 
                      taking to support and enhance a competent, 
                      skilled, and professional child welfare workforce 
                      to deliver trauma-informed and evidence-based 
                      services, including--
                                    ``(I) ensuring that staff is 
                                qualified to provide services or 
                                programs that are consistent with the 
                                promising, supported, or well-supported 
                                practice models selected; and

[[Page 132 STAT. 238]]

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

[[Page 132 STAT. 239]]

                          ``(i) based on the median State values of the 
                      information reported under each clause of 
                      subparagraph (A) for the 3 then most recent years; 
                      and
                          ``(ii) <<NOTE: Determination.>> taking into 
                      account State differences in the price levels of 
                      consumption goods and services using the most 
                      recent regional price parities published by the 
                      Bureau of Economic Analysis of the Department of 
                      Commerce or such other data as the Secretary 
                      determines appropriate.
                    ``(C) Publication of state prevention services 
                measures.-- <<NOTE: Deadline. Public information.>> The 
                Secretary shall annually make available to the public 
                the prevention services measures of each State.
            ``(7) Maintenance of effort for state foster care prevention 
        expenditures.--
                    ``(A) In general.--If a State elects to provide 
                services and programs specified in paragraph (1) for a 
                fiscal year, the State foster care prevention 
                expenditures for the fiscal year shall not be less than 
                the amount of the expenditures for fiscal year 2014 (or, 
                at the option of a State described in subparagraph (E), 
                fiscal year 2015 or fiscal year 2016 (whichever the 
                State elects)).
                    ``(B) <<NOTE: Definition.>>  State foster care 
                prevention expenditures.--The term `State foster care 
                prevention expenditures' means the following:
                          ``(i) TANF; iv-b; ssbg.--State expenditures 
                      for foster care prevention services and activities 
                      under the State program funded under part A 
                      (including from amounts made available by the 
                      Federal Government), under the State plan 
                      developed under part B (including any such 
                      amounts), or under the Social Services Block Grant 
                      Programs under subtitle A of title XX (including 
                      any such amounts).
                          ``(ii) Other state programs.--State 
                      expenditures for foster care prevention services 
                      and activities under any State program that is not 
                      described in clause (i) (other than any State 
                      expenditures for foster care prevention services 
                      and activities under the State program under this 
                      part (including under a waiver of the program)).
                    ``(C) <<NOTE: Definition.>>  State expenditures.--
                The term `State expenditures' means all State or local 
                funds that are expended by the State or a local agency 
                including State or local funds that are matched or 
                reimbursed by the Federal Government and State or local 
                funds that are not matched or reimbursed by the Federal 
                Government.
                    ``(D) <<NOTE: Requirement. Reports.>>  Determination 
                of prevention services and activities.--The Secretary 
                shall require each State that elects to provide services 
                and programs specified in paragraph (1) to report the 
                expenditures specified in subparagraph (B) for fiscal 
                year 2014 and for such fiscal years thereafter as are 
                necessary to determine whether the State is complying 
                with the maintenance of effort requirement in 
                subparagraph (A). The Secretary shall specify the 
                specific services and activities under each program 
                referred to in subparagraph (B) that are `prevention 
                services and activities' for purposes of the reports.

[[Page 132 STAT. 240]]

                    ``(E) State described.--For purposes of subparagraph 
                (A), a State is described in this subparagraph if the 
                population of children in the State in 2014 was less 
                than 200,000 (as determined by the United States Census 
                Bureau).
            ``(8) Prohibition against use of state foster care 
        prevention expenditures and federal iv-e prevention funds for 
        matching or expenditure requirement.--A State that elects to 
        provide services and programs specified in paragraph (1) shall 
        not use any State foster care prevention expenditures for a 
        fiscal year for the State share of expenditures under section 
        474(a)(6) for a fiscal year.
            ``(9) Administrative costs.--Expenditures described in 
        section 474(a)(6)(B)--
                    ``(A) shall not be eligible for payment under 
                subparagraph (A), (B), or (E) of section 474(a)(3); and
                    ``(B) shall be eligible for payment under section 
                474(a)(6)(B) without regard to whether the expenditures 
                are incurred on behalf of a child who is, or is 
                potentially, eligible for foster care maintenance 
                payments under this part.
            ``(10) Application.--
                    ``(A) In general.--The provision of services or 
                programs under this subsection to or on behalf of a 
                child described in paragraph (2) shall not be considered 
                to be receipt of aid or assistance under the State plan 
                under this part for purposes of eligibility for any 
                other program established under this Act.
                    ``(B) <<NOTE: Time period.>> Candidates in kinship 
                care.--A child described in paragraph (2) for whom such 
                services or programs under this subsection are provided 
                for more than 6 months while in the home of a kin 
                caregiver, and who would satisfy the AFDC eligibility 
                requirement of section 472(a)(3)(A)(ii)(II) but for 
                residing in the home of the caregiver for more than 6 
                months, is deemed to satisfy that requirement for 
                purposes of determining whether the child is eligible 
                for foster care maintenance payments under section 
                472.''.

    (b) Definition.--Section 475 of such Act (42 U.S.C. 675) is amended 
by adding at the end the following:
            ``(13) The term `child who is a candidate for foster care' 
        means, a child who is identified in a prevention plan under 
        section 471(e)(4)(A) as being at imminent risk of entering 
        foster care (without regard to whether the child would be 
        eligible for foster care maintenance payments under section 472 
        or is or would be eligible for adoption assistance or kinship 
        guardianship assistance payments under section 473) but who can 
        remain safely in the child's home or in a kinship placement as 
        long as services or programs specified in section 471(e)(1) that 
        are necessary to prevent the entry of the child into foster care 
        are provided. The term includes a child whose adoption or 
        guardianship arrangement is at risk of a disruption or 
        dissolution that would result in a foster care placement.''.

    (c) Payments Under Title IV-E.--Section 474(a) of such Act (42 
U.S.C. 674(a)) is amended--
            (1) in paragraph (5), by striking the period at the end and 
        inserting ``; plus''; and
            (2) by adding at the end the following:

[[Page 132 STAT. 241]]

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

[[Page 132 STAT. 242]]

                      programs for individuals who are eligible for the 
                      services and programs and expenditures 
                      attributable to data collection and reporting; and
                          ``(ii) 50 percent of so much of the 
                      expenditures with respect to the provision of 
                      services and programs specified in section 
                      471(e)(1) as are for training of personnel 
                      employed or preparing for employment by the State 
                      agency or by the local agency administering the 
                      plan in the political subdivision and of the 
                      members of the staff of State-licensed or State-
                      approved child welfare agencies providing services 
                      to children described in section 471(e)(2) and 
                      their parents or kin caregivers, including on how 
                      to determine who are individuals eligible for the 
                      services or programs, how to identify and provide 
                      appropriate services and programs, and how to 
                      oversee and evaluate the ongoing appropriateness 
                      of the services and programs.''.

    (d) Technical Assistance and Best Practices, Clearinghouse, and Data 
Collection and Evaluations.--Section 476 of such Act (42 U.S.C. 676) is 
amended by adding at the end the following:
    ``(d) Technical Assistance and Best Practices, Clearinghouse, Data 
Collection, and Evaluations Relating to Prevention Services and 
Programs.--
            ``(1) <<NOTE: Native Americans.>>  Technical assistance and 
        best practices.--The Secretary shall provide to States and, as 
        applicable, to Indian tribes, tribal organizations, and tribal 
        consortia, technical assistance regarding the provision of 
        services and programs described in section 471(e)(1) and shall 
        disseminate best practices with respect to the provision of the 
        services and programs, including how to plan and implement a 
        well-designed and rigorous evaluation of a promising, supported, 
        or well-supported practice.
            ``(2) Clearinghouse of promising, supported, and well-
        supported practices.-- <<NOTE: Evaluation.>> The Secretary 
        shall, directly or through grants, contracts, or interagency 
        agreements, evaluate research on the practices specified in 
        clauses (iii), (iv), and (v), respectively, of section 
        471(e)(4)(C), and programs that meet the requirements described 
        in section 427(a)(1), including culturally specific, or 
        location- or population-based adaptations of the practices, to 
        identify and establish a public clearinghouse of the practices 
        that satisfy each category described by such clauses. In 
        addition, the clearinghouse shall include information on the 
        specific outcomes associated with each practice, including 
        whether the practice has been shown to prevent child abuse and 
        neglect and reduce the likelihood of foster care placement by 
        supporting birth families and kinship families and improving 
        targeted supports for pregnant and parenting youth and their 
        children.
            ``(3) Data collection and evaluations.--The Secretary, 
        directly or through grants, contracts, or interagency 
        agreements, may collect data and conduct evaluations with 
        respect to the provision of services and programs described in 
        section 471(e)(1) for purposes of assessing the extent to which 
        the provision of the services and programs--
                    ``(A) reduces the likelihood of foster care 
                placement;
                    ``(B) increases use of kinship care arrangements; or

[[Page 132 STAT. 243]]

                    ``(C) improves child well-being.
            ``(4) Reports to congress.--
                    ``(A) In general.--The Secretary shall submit to the 
                Committee on Finance of the Senate and the Committee on 
                Ways and Means of the House of Representatives periodic 
                reports based on the provision of services and programs 
                described in section 471(e)(1) and the activities 
                carried out under this subsection.
                    ``(B) Public availability.--The Secretary shall make 
                the reports to Congress submitted under this paragraph 
                publicly available.
            ``(5) Appropriation.--Out of any money in the Treasury of 
        the United States not otherwise appropriated, there are 
        appropriated to the Secretary $1,000,000 for fiscal year 2018 
        and each fiscal year thereafter to carry out this subsection.''.

    (e) Application to Programs Operated by Indian Tribal 
Organizations.--
            (1) In general.--Section 479B of such Act (42 U.S.C. 679c) 
        is amended--
                    (A) in subsection (c)(1)--
                          (i) in subparagraph (C)(i)--
                                    (I) in subclause (II), by striking 
                                ``and'' after the semicolon;
                                    (II) in subclause (III), by striking 
                                the period at the end and inserting ``; 
                                and''; and
                                    (III) by adding at the end the 
                                following:
                                    ``(IV) at the option of the tribe, 
                                organization, or consortium, services 
                                and programs specified in section 
                                471(e)(1) to children described in 
                                section 471(e)(2) and their parents or 
                                kin caregivers, in accordance with 
                                section 471(e) and subparagraph (E).''; 
                                and
                          (ii) by adding at the end the following:
                    ``(E) Prevention services and programs for children 
                and their parents and kin caregivers.--
                          ``(i) In general.-- <<NOTE: Requirements.>> In 
                      the case of a tribe, organization, or consortium 
                      that elects to provide services and programs 
                      specified in section 471(e)(1) to children 
                      described in section 471(e)(2) and their parents 
                      or kin caregivers under the plan, the Secretary 
                      shall specify the requirements applicable to the 
                      provision of the services and programs. The 
                      requirements shall, to the greatest extent 
                      practicable, be consistent with the requirements 
                      applicable to States under section 471(e) and 
                      shall permit the provision of the services and 
                      programs in the form of services and programs that 
                      are adapted to the culture and context of the 
                      tribal communities served.
                          ``(ii) Performance measures.--The Secretary 
                      shall establish specific performance measures for 
                      each tribe, organization, or consortium that 
                      elects to provide services and programs specified 
                      in section 471(e)(1). The performance measures 
                      shall, to the greatest extent practicable, be 
                      consistent with the prevention services measures 
                      required for States under section 471(e)(6) but 
                      shall allow for consideration of factors unique to

[[Page 132 STAT. 244]]

                      the provision of the services by tribes, 
                      organizations, or consortia.''; and
                    (B) in subsection (d)(1), by striking ``and (5)'' 
                and inserting ``(5), and (6)(A)''.
            (2) Conforming amendment.--The heading for subsection (d) of 
        section 479B of such Act (42 U.S.C. 679c) is amended by striking 
        ``for Foster Care Maintenance and Adoption Assistance 
        Payments''.

    (f) Application to Programs Operated by Territories.--Section 
1108(a)(2) of the Social Security Act (42 U.S.C. 1308(a)(2)) is amended 
by striking ``or 413(f)'' and inserting ``413(f), or 474(a)(6)''.
SEC. 50712. FOSTER CARE MAINTENANCE PAYMENTS FOR CHILDREN WITH 
                            PARENTS IN A LICENSED RESIDENTIAL 
                            FAMILY-BASED TREATMENT FACILITY FOR 
                            SUBSTANCE ABUSE.

    (a) In General.--Section 472 of the Social Security Act (42 U.S.C. 
672) is amended--
            (1) in subsection (a)(2)(C), by striking ``or'' and 
        inserting ``, with a parent residing in a licensed residential 
        family-based treatment facility, but only to the extent 
        permitted under subsection (j), or in a''; and
            (2) by adding at the end the following:

    ``(j) Children Placed With a Parent Residing in a Licensed 
Residential Family-Based Treatment Facility for Substance Abuse.--
            ``(1) <<NOTE: Time period.>> In general.--Notwithstanding 
        the preceding provisions of this section, a child who is 
        eligible for foster care maintenance payments under this 
        section, or who would be eligible for the payments if the 
        eligibility were determined without regard to paragraphs (1)(B) 
        and (3) of subsection (a), shall be eligible for the payments 
        for a period of not more than 12 months during which the child 
        is placed with a parent who is in a licensed residential family-
        based treatment facility for substance abuse, but only if--
                    ``(A) the recommendation for the placement is 
                specified in the child's case plan before the placement;
                    ``(B) the treatment facility provides, as part of 
                the treatment for substance abuse, parenting skills 
                training, parent education, and individual and family 
                counseling; and
                    ``(C) the substance abuse treatment, parenting 
                skills training, parent education, and individual and 
                family counseling is provided under an organizational 
                structure and treatment framework that involves 
                understanding, recognizing, and responding to the 
                effects of all types of trauma and in accordance with 
                recognized principles of a trauma-informed approach and 
                trauma-specific interventions to address the 
                consequences of trauma and facilitate healing.
            ``(2) Application.--With respect to children for whom foster 
        care maintenance payments are made under paragraph (1), only the 
        children who satisfy the requirements of paragraphs (1)(B) and 
        (3) of subsection (a) shall be considered to be children with 
        respect to whom foster care maintenance payments are made under 
        this section for purposes of subsection (h) or section 
        473(b)(3)(B).''.

[[Page 132 STAT. 245]]

    (b) Conforming Amendment.--Section 474(a)(1) of such Act (42 U.S.C. 
674(a)(1)) is amended by inserting ``subject to section 472(j),'' before 
``an amount equal to the Federal'' the first place it appears.
SEC. 50713. TITLE IV-E PAYMENTS FOR EVIDENCE-BASED KINSHIP 
                            NAVIGATOR PROGRAMS.

    Section 474(a) of the Social Security Act (42 U.S.C. 674(a)), as 
amended by section 50711(c), is amended--
            (1) in paragraph (6), by striking the period at the end and 
        inserting ``; plus''; and
            (2) by adding at the end the following:
            ``(7) <<NOTE: Determination.>>  an amount equal to 50 
        percent of the amounts expended by the State during the quarter 
        as the Secretary determines are for kinship navigator programs 
        that meet the requirements described in section 427(a)(1) and 
        that the Secretary determines are operated in accordance with 
        promising, supported, or well-supported practices that meet the 
        applicable criteria specified for the practices in section 
        471(e)(4)(C), without regard to whether the expenditures are 
        incurred on behalf of children who are, or are potentially, 
        eligible for foster care maintenance payments under this 
        part.''.

               PART II--ENHANCED SUPPORT UNDER TITLE IV-B

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

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

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

[[Page 132 STAT. 246]]

SEC. 50722. REDUCING BUREAUCRACY AND UNNECESSARY DELAYS WHEN 
                            PLACING CHILDREN IN HOMES ACROSS STATE 
                            LINES.

    (a) State Plan Requirement.--Section 471(a)(25) of the Social 
Security Act (42 U.S.C. 671(a)(25)) is amended--
            (1) by striking ``provide'' and inserting ``provides''; and
            (2) <<NOTE: Deadline.>>  by inserting ``, which, in the case 
        of a State other than the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, or American Samoa, not later 
        than October 1, 2027, shall include the use of an electronic 
        interstate case-processing system'' before the first semicolon.

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

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

[[Page 132 STAT. 247]]

            ``(3) Funding authority.--The Secretary may provide funds to 
        a State that complies with paragraph (2). In providing funds 
        under this subsection, the Secretary shall prioritize States 
        that are not yet connected with the electronic interstate case-
        processing system referred to in paragraph (1).
            ``(4) Use of funds.--A State to which funding is provided 
        under this subsection shall use the funding to support the State 
        in connecting with, or enhancing or expediting services provided 
        under, the electronic interstate case-processing system referred 
        to in paragraph (1).
            ``(5) <<NOTE: Deadline. Public information. Reports. Web 
        posting.>>  Evaluations.--Not later than 1 year after the final 
        year in which funds are awarded under this subsection, the 
        Secretary shall submit to the Congress, and make available to 
        the general public by posting on a website, a report that 
        contains the following information:
                    ``(A) How using the electronic interstate case-
                processing system developed pursuant to paragraph (4) 
                has changed the time it takes for children to be placed 
                across State lines.
                    ``(B) The number of cases subject to the Interstate 
                Compact on the Placement of Children that were processed 
                through the electronic interstate case-processing 
                system, and the number of interstate child placement 
                cases that were processed outside the electronic 
                interstate case-processing system, by each State in each 
                year.
                    ``(C) The progress made by States in implementing 
                the electronic interstate case-processing system.
                    ``(D) How using the electronic interstate case-
                processing system has affected various metrics related 
                to child safety and well-being, including the time it 
                takes for children to be placed across State lines.
                    ``(E) How using the electronic interstate case-
                processing system has affected administrative costs and 
                caseworker time spent on placing children across State 
                lines.
            ``(6) <<NOTE: Consultation. Assessment.>>  Data 
        integration.--The Secretary, in consultation with the 
        Secretariat for the Interstate Compact on the Placement of 
        Children and the States, shall assess how the electronic 
        interstate case-processing system developed pursuant to 
        paragraph (4) could be used to better serve and protect children 
        that come to the attention of the child welfare system, by--
                    ``(A) connecting the system with other data systems 
                (such as systems operated by State law enforcement and 
                judicial agencies, systems operated by the Federal 
                Bureau of Investigation for the purposes of the 
                Innocence Lost National Initiative, and other systems);
                    ``(B) simplifying and improving reporting related to 
                paragraphs (34) and (35) of section 471(a) regarding 
                children or youth who have been identified as being a 
                sex trafficking victim or children missing from foster 
                care; and
                    ``(C) improving the ability of States to quickly 
                comply with background check requirements of section 
                471(a)(20), including checks of child abuse and neglect 
                registries as required by section 471(a)(20)(B).''.

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

[[Page 132 STAT. 248]]

            ``(4) Improving the interstate placement of children.--The 
        Secretary shall reserve $5,000,000 of the amount made available 
        for fiscal year 2018 for grants under subsection (g), and the 
        amount so reserved shall remain available through fiscal year 
        2022.''.
SEC. 50723. ENHANCEMENTS TO GRANTS TO IMPROVE WELL-BEING OF 
                            FAMILIES AFFECTED BY SUBSTANCE ABUSE.

    Section 437(f) of the Social Security Act (42 U.S.C. 629g(f)) is 
amended--
            (1) in the subsection heading, by striking ``Increase the 
        Well-Being of, and To Improve the Permanency Outcomes for, 
        Children Affected by'' and inserting ``Implement IV-E Prevention 
        Services, and Improve the Well-Being of, and Improve Permanency 
        Outcomes for, Children and Families Affected by Heroin, Opioids, 
        and Other'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Regional partnership defined.--In this subsection, the 
        term `regional partnership' means a collaborative agreement 
        (which may be established on an interstate, State, or intrastate 
        basis) entered into by the following:
                    ``(A) Mandatory partners for all partnership 
                grants.--
                          ``(i) The State child welfare agency that is 
                      responsible for the administration of the State 
                      plan under this part and part E.
                          ``(ii) The State agency responsible for 
                      administering the substance abuse prevention and 
                      treatment block grant provided under subpart II of 
                      part B of title XIX of the Public Health Service 
                      Act.
                    ``(B) Mandatory partners for partnership grants 
                proposing to serve children in out-of-home placements.--
                If the partnership proposes to serve children in out-of-
                home placements, the Juvenile Court or Administrative 
                Office of the Court that is most appropriate to oversee 
                the administration of court programs in the region to 
                address the population of families who come to the 
                attention of the court due to child abuse or neglect.
                    ``(C) Optional partners.--At the option of the 
                partnership, any of the following:
                          ``(i) An Indian tribe or tribal consortium.
                          ``(ii) Nonprofit child welfare service 
                      providers.
                          ``(iii) For-profit child welfare service 
                      providers.
                          ``(iv) Community health service providers, 
                      including substance abuse treatment providers.
                          ``(v) Community mental health providers.
                          ``(vi) Local law enforcement agencies.
                          ``(vii) School personnel.
                          ``(viii) Tribal child welfare agencies (or a 
                      consortia of the agencies).
                          ``(ix) Any other providers, agencies, 
                      personnel, officials, or entities that are related 
                      to the provision of child and family services 
                      under a State plan approved under this subpart.
                    ``(D) Exception for regional partnerships where the 
                lead applicant is an indian tribe or tribal consortia.--
                If an Indian tribe or tribal consortium enters

[[Page 132 STAT. 249]]

                into a regional partnership for purposes of this 
                subsection, the Indian tribe or tribal consortium--
                          ``(i) may (but is not required to) include the 
                      State child welfare agency as a partner in the 
                      collaborative agreement;
                          ``(ii) may not enter into a collaborative 
                      agreement only with tribal child welfare agencies 
                      (or a consortium of the agencies); and
                          ``(iii) if the condition described in 
                      paragraph (2)(B) applies, may include tribal court 
                      organizations in lieu of other judicial 
                      partners.'';
            (3) in paragraph (3)--
                    (A) in subparagraph (A)--
                          (i) by striking ``2012 through 2016'' and 
                      inserting ``2017 through 2021''; and
                          (ii) by striking ``$500,000 and not more than 
                      $1,000,000'' and inserting ``$250,000 and not more 
                      than $1,000,000'';
                    (B) in subparagraph (B)--
                          (i) in the subparagraph heading, by inserting 
                      ``; planning'' after ``approval'';
                          (ii) in clause (i), by striking ``clause 
                      (ii)'' and inserting ``clauses (ii) and (iii)''; 
                      and
                          (iii) by adding at the end the following:
                          ``(iii) <<NOTE: Time period.>>  Sufficient 
                      planning.--A grant awarded under this subsection 
                      shall be disbursed in two phases: a planning phase 
                      (not to exceed 2 years) and an implementation 
                      phase. The total disbursement to a grantee for the 
                      planning phase may not exceed $250,000, and may 
                      not exceed the total anticipated funding for the 
                      implementation phase.''; and
                    (C) by adding at the end the following:
                    ``(D) <<NOTE: Determination.>>  Limitation on 
                payment for a fiscal year.--No payment shall be made 
                under subparagraph (A) or (C) for a fiscal year until 
                the Secretary determines that the eligible partnership 
                has made sufficient progress in meeting the goals of the 
                grant and that the members of the eligible partnership 
                are coordinating to a reasonable degree with the other 
                members of the eligible partnership.'';
            (4) in paragraph (4)--
                    (A) in subparagraph (B)--
                          (i) in clause (i), by inserting ``, parents, 
                      and families'' after ``children'';
                          (ii) in clause (ii), by striking ``safety and 
                      permanence for such children; and'' and inserting 
                      ``safe, permanent caregiving relationships for the 
                      children;'';
                          (iii) in clause (iii), by striking ``or'' and 
                      inserting ``increase reunification rates for 
                      children who have been placed in out-of-home care, 
                      or decrease''; and
                          (iv) by redesignating clause (iii) as clause 
                      (v) and inserting after clause (ii) the following:
                          ``(iii) improve the substance abuse treatment 
                      outcomes for parents including retention in 
                      treatment and successful completion of treatment;
                          ``(iv) facilitate the implementation, 
                      delivery, and effectiveness of prevention services 
                      and programs under section 471(e); and'';

[[Page 132 STAT. 250]]

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

[[Page 132 STAT. 251]]

                      goals of the program, the number of children, 
                      adults, and families receiving services, and such 
                      additional information as the Secretary determines 
                      is necessary. The report due not later than 
                      September 30 of the last such fiscal year shall 
                      include, at a minimum, data on each of the 
                      performance indicators included in the evaluation 
                      of the regional partnership.''; and
            (9) in paragraph (10), by striking ``2012 through 2016'' and 
        inserting ``2017 through 2021''.

                         PART III--MISCELLANEOUS

SEC. 50731. <<NOTE: Deadlines. 42 USC 671 note.>> REVIEWING AND 
                            IMPROVING LICENSING STANDARDS FOR 
                            PLACEMENT IN A RELATIVE FOSTER FAMILY 
                            HOME.

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

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

[[Page 132 STAT. 252]]

                    ``(A) a description of the steps the State is taking 
                to compile complete and accurate information on the 
                deaths required by Federal law to be reported by the 
                State agency referred to in paragraph (1), including 
                gathering relevant information on the deaths from the 
                relevant organizations in the State including entities 
                such as State vital statistics department, child death 
                review teams, law enforcement agencies, offices of 
                medical examiners, or coroners; and
                    ``(B) a description of the steps the State is taking 
                to develop and implement a comprehensive, statewide plan 
                to prevent the fatalities that involves and engages 
                relevant public and private agency partners, including 
                those in public health, law enforcement, and the 
                courts.''.
SEC. 50733. MODERNIZING THE TITLE AND PURPOSE OF TITLE IV-E.

    (a) Part Heading.--The heading for part E of title IV of the Social 
Security Act (42 U.S.C. 670 et seq.) is amended to read as follows:

      ``PART E--FEDERAL PAYMENTS FOR FOSTER CARE, PREVENTION, AND 
                              PERMANENCY''.

    (b) Purpose.--The first sentence of section 470 of such Act (42 
U.S.C. 670) is amended--
            (1) by striking ``1995) and'' and inserting ``1995),'';
            (2) by inserting ``kinship guardianship assistance, and 
        prevention services or programs specified in section 
        471(e)(1),'' after ``needs,''; and
            (3) by striking ``(commencing with the fiscal year which 
        begins October 1, 1980)''.
SEC. 50734. <<NOTE: 42 USC 622 note.>>  EFFECTIVE DATES.

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

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

[[Page 132 STAT. 253]]

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

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

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

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

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

[[Page 132 STAT. 254]]

                been found to be, or are at risk of becoming, sex 
                trafficking victims, in accordance with section 
                471(a)(9)(C).
            ``(3) Assessment to determine appropriateness of placement 
        in a qualified residential treatment program.--
                    ``(A) Deadline for assessment.--In the case of a 
                child who is placed in a qualified residential treatment 
                program, if the assessment required under section 
                475A(c)(1) is not completed within 30 days after the 
                placement is made, no Federal payment shall be made to 
                the State under section 474(a)(1) for any amounts 
                expended for foster care maintenance payments on behalf 
                of the child during the placement.
                    ``(B) Deadline for transition out of placement.--If 
                the assessment required under section 475A(c)(1) 
                determines that the placement of a child in a qualified 
                residential treatment program is not appropriate, a 
                court disapproves such a placement under section 
                475A(c)(2), or a child who has been in an approved 
                placement in a qualified residential treatment program 
                is going to return home or be placed with a fit and 
                willing relative, a legal guardian, or an adoptive 
                parent, or in a foster family home, Federal payments 
                shall be made to the State under section 474(a)(1) for 
                amounts expended for foster care maintenance payments on 
                behalf of the child while the child remains in the 
                qualified residential treatment program only during the 
                period necessary for the child to transition home or to 
                such a placement. In no event shall a State receive 
                Federal payments under section 474(a)(1) for amounts 
                expended for foster care maintenance payments on behalf 
                of a child who remains placed in a qualified residential 
                treatment program after the end of the 30-day period 
                that begins on the date a determination is made that the 
                placement is no longer the recommended or approved 
                placement for the child.
            ``(4) <<NOTE: Definition.>>  Qualified residential treatment 
        program.--For purposes of this part, the term `qualified 
        residential treatment program' means a program that--
                    ``(A) has a trauma-informed treatment model that is 
                designed to address the needs, including clinical needs 
                as appropriate, of children with serious emotional or 
                behavioral disorders or disturbances and, with respect 
                to a child, is able to implement the treatment 
                identified for the child by the assessment of the child 
                required under section 475A(c);
                    ``(B) subject to paragraphs (5) and (6), has 
                registered or licensed nursing staff and other licensed 
                clinical staff who--
                          ``(i) provide care within the scope of their 
                      practice as defined by State law;
                          ``(ii) are on-site according to the treatment 
                      model referred to in subparagraph (A); and
                          ``(iii) are available 24 hours a day and 7 
                      days a week;
                    ``(C) to extent appropriate, and in accordance with 
                the child's best interests, facilitates participation of 
                family members in the child's treatment program;

[[Page 132 STAT. 255]]

                    ``(D) facilitates outreach to the family members of 
                the child, including siblings, documents how the 
                outreach is made (including contact information), and 
                maintains contact information for any known biological 
                family and fictive kin of the child;
                    ``(E) documents how family members are integrated 
                into the treatment process for the child, including 
                post-discharge, and how sibling connections are 
                maintained;
                    ``(F) provides discharge planning and family-based 
                aftercare support for at least 6 months post-discharge; 
                and
                    ``(G) is licensed in accordance with section 
                471(a)(10) and is accredited by any of the following 
                independent, not-for-profit organizations:
                          ``(i) The Commission on Accreditation of 
                      Rehabilitation Facilities (CARF).
                          ``(ii) The Joint Commission on Accreditation 
                      of Healthcare Organizations (JCAHO).
                          ``(iii) The Council on Accreditation (COA).
                          ``(iv) Any other independent, not-for-profit 
                      accrediting organization approved by the 
                      Secretary.
            ``(5) Administrative costs.--The prohibition in paragraph 
        (1) on Federal payments under section 474(a)(1) shall not be 
        construed as prohibiting Federal payments for administrative 
        expenditures incurred on behalf of a child placed in a child-
        care institution and for which payment is available under 
        section 474(a)(3).
            ``(6) Rule of construction.--The requirements in paragraph 
        (4)(B) shall not be construed as requiring a qualified 
        residential treatment program to acquire nursing and behavioral 
        health staff solely through means of a direct employer to 
        employee relationship.''.
            (2) Conforming amendment.--Section 474(a)(1) of the Social 
        Security Act (42 U.S.C. 674(a)(1)), as amended by section 
        50712(b), is amended by striking ``section 472(j)'' and 
        inserting ``subsections (j) and (k) of section 472''.

    (b) Definition of Foster Family Home, Child-Care Institution.--
Section 472(c) of such Act (42 U.S.C. 672(c)(1)) is amended to read as 
follows:
    ``(c) Definitions.--For purposes of this part:
            ``(1) Foster family home.--
                    ``(A) In general.--The term `foster family home' 
                means the home of an individual or family--
                          ``(i) that is licensed or approved by the 
                      State in which it is situated as a foster family 
                      home that meets the standards established for the 
                      licensing or approval; and
                          ``(ii) in which a child in foster care has 
                      been placed in the care of an individual, who 
                      resides with the child and who has been licensed 
                      or approved by the State to be a foster parent--
                                    ``(I) that the State deems capable 
                                of adhering to the reasonable and 
                                prudent parent standard;
                                    ``(II) that provides 24-hour 
                                substitute care for children placed away 
                                from their parents or other caretakers; 
                                and
                                    ``(III) that provides the care for 
                                not more than six children in foster 
                                care.

[[Page 132 STAT. 256]]

                    ``(B) State flexibility.--The number of foster 
                children that may be cared for in a home under 
                subparagraph (A) may exceed the numerical limitation in 
                subparagraph (A)(ii)(III), at the option of the State, 
                for any of the following reasons:
                          ``(i) To allow a parenting youth in foster 
                      care to remain with the child of the parenting 
                      youth.
                          ``(ii) To allow siblings to remain together.
                          ``(iii) To allow a child with an established 
                      meaningful relationship with the family to remain 
                      with the family.
                          ``(iv) To allow a family with special training 
                      or skills to provide care to a child who has a 
                      severe disability.
                    ``(C) Rule of construction.--Subparagraph (A) shall 
                not be construed as prohibiting a foster parent from 
                renting the home in which the parent cares for a foster 
                child placed in the parent's care.
            ``(2) <<NOTE: Definition.>>  Child-care institution.--
                    ``(A) In general.--The term `child-care institution' 
                means a private child-care institution, or a public 
                child-care institution which accommodates no more than 
                25 children, which is licensed by the State in which it 
                is situated or has been approved by the agency of the 
                State responsible for licensing or approval of 
                institutions of this type as meeting the standards 
                established for the licensing.
                    ``(B) Supervised settings.--In the case of a child 
                who has attained 18 years of age, the term shall include 
                a supervised setting in which the individual is living 
                independently, in accordance with such conditions as the 
                Secretary shall establish in regulations.
                    ``(C) Exclusions.--The term shall not include 
                detention facilities, forestry camps, training schools, 
                or any other facility operated primarily for the 
                detention of children who are determined to be 
                delinquent.''.

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

[[Page 132 STAT. 257]]

        section 472(k) of the Social Security Act (as added by section 
        50741(a)(1)) on foster care maintenance payments made on behalf 
        of any child who is placed in a setting that is not a foster 
        family home, in accordance with the amendments made by 
        subsections (a) and (b) of this section. In particular, the 
        Comptroller General shall evaluate the extent to which children 
        in foster care who also are subject to the juvenile justice 
        system of the State are placed in a facility under the 
        jurisdiction of the juvenile justice system and whether the lack 
        of available congregate care placements under the jurisdiction 
        of the child welfare systems is a contributing factor to that 
        result. Not later than December 31, 2025, the Comptroller 
        General shall submit to Congress a report on the results of the 
        evaluation.
SEC. 50742. ASSESSMENT AND DOCUMENTATION OF THE NEED FOR PLACEMENT 
                            IN A QUALIFIED RESIDENTIAL TREATMENT 
                            PROGRAM.

    Section 475A of the Social Security Act (42 U.S.C. 675a) is amended 
by adding at the end the following:
    ``(c) Assessment, Documentation, and Judicial Determination 
Requirements for Placement in a Qualified Residential Treatment 
Program.-- <<NOTE: Applicability.>> In the case of any child who is 
placed in a qualified residential treatment program (as defined in 
section 472(k)(4)), the following requirements shall apply for purposes 
of approving the case plan for the child and the case system review 
procedure for the child:
            ``(1)(A) <<NOTE: Deadline.>>  Within 30 days of the start of 
        each placement in such a setting, a qualified individual (as 
        defined in subparagraph (D)) shall--
                    ``(i) assess the strengths and needs of the child 
                using an age-appropriate, evidence-based, validated, 
                functional assessment tool approved by the Secretary;
                    ``(ii) <<NOTE: Determination.>>  determine whether 
                the needs of the child can be met with family members or 
                through placement in a foster family home or, if not, 
                which setting from among the settings specified in 
                section 472(k)(2) would provide the most effective and 
                appropriate level of care for the child in the least 
                restrictive environment and be consistent with the 
                short- and long-term goals for the child, as specified 
                in the permanency plan for the child; and
                    ``(iii) <<NOTE: Lists.>>  develop a list of child-
                specific short- and long-term mental and behavioral 
                health goals.
            ``(B)(i) The State shall assemble a family and permanency 
        team for the child in accordance with the requirements of 
        clauses (ii) and (iii). The qualified individual conducting the 
        assessment required under subparagraph (A) shall work in 
        conjunction with the family of, and permanency team for, the 
        child while conducting and making the assessment.
            ``(ii) The family and permanency team shall consist of all 
        appropriate biological family members, relative, and fictive kin 
        of the child, as well as, as appropriate, professionals who are 
        a resource to the family of the child, such as teachers, medical 
        or mental health providers who have treated the child, or 
        clergy. In the case of a child who has attained age 14, the 
        family and permanency team shall include the members of the 
        permanency planning team for the child that are selected by the 
        child in accordance with section 475(5)(C)(iv).

[[Page 132 STAT. 258]]

            ``(iii) The State shall document in the child's case plan--
                    ``(I) the reasonable and good faith effort of the 
                State to identify and include all the individuals 
                described in clause (ii) on the child's family and 
                permanency team;
                    ``(II) all contact information for members of the 
                family and permanency team, as well as contact 
                information for other family members and fictive kin who 
                are not part of the family and permanency team;
                    ``(III) evidence that meetings of the family and 
                permanency team, including meetings relating to the 
                assessment required under subparagraph (A), are held at 
                a time and place convenient for family;
                    ``(IV) if reunification is the goal, evidence 
                demonstrating that the parent from whom the child was 
                removed provided input on the members of the family and 
                permanency team;
                    ``(V) evidence that the assessment required under 
                subparagraph (A) is determined in conjunction with the 
                family and permanency team;
                    ``(VI) the placement preferences of the family and 
                permanency team relative to the assessment that 
                recognizes children should be placed with their siblings 
                unless there is a finding by the court that such 
                placement is contrary to their best interest; and
                    ``(VII) if the placement preferences of the family 
                and permanency team and child are not the placement 
                setting recommended by the qualified individual 
                conducting the assessment under subparagraph (A), the 
                reasons why the preferences of the team and of the child 
                were not recommended.
            ``(C) <<NOTE: Determination.>>  In the case of a child who 
        the qualified individual conducting the assessment under 
        subparagraph (A) determines should not be placed in a foster 
        family home, the qualified individual shall specify in writing 
        the reasons why the needs of the child cannot be met by the 
        family of the child or in a foster family home. A shortage or 
        lack of foster family homes shall not be an acceptable reason 
        for determining that the needs of the child cannot be met in a 
        foster family home. The qualified individual also shall specify 
        in writing why the recommended placement in a qualified 
        residential treatment program is the setting that will provide 
        the child with the most effective and appropriate level of care 
        in the least restrictive environment and how that placement is 
        consistent with the short- and long-term goals for the child, as 
        specified in the permanency plan for the child.
            ``(D)(i) <<NOTE: Definition.>>  Subject to clause (ii), in 
        this subsection, the term `qualified individual' means a trained 
        professional or licensed clinician who is not an employee of the 
        State agency and who is not connected to, or affiliated with, 
        any placement setting in which children are placed by the State.
            ``(ii) <<NOTE: Certification.>>  The Secretary may approve a 
        request of a State to waive any requirement in clause (i) upon a 
        submission by the State, in accordance with criteria established 
        by the Secretary, that certifies that the trained professionals 
        or licensed clinicians with responsibility for performing the 
        assessments described in subparagraph (A) shall maintain 
        objectivity with

[[Page 132 STAT. 259]]

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

[[Page 132 STAT. 260]]

SEC. 50743. PROTOCOLS TO PREVENT INAPPROPRIATE DIAGNOSES.

    (a) State Plan Requirement.--Section 422(b)(15)(A) of the Social 
Security Act (42 U.S.C. 622(b)(15)(A)) is amended--
            (1) in clause (vi), by striking ``and'' after the semicolon;
            (2) by redesignating clause (vii) as clause (viii); and
            (3) by inserting after clause (vi) the following:
                          ``(vii) the procedures and protocols the State 
                      has established to ensure that children in foster 
                      care placements are not inappropriately diagnosed 
                      with mental illness, other emotional or behavioral 
                      disorders, medically fragile conditions, or 
                      developmental disabilities, and placed in settings 
                      that are not foster family homes as a result of 
                      the inappropriate diagnoses; and''.

    (b) Evaluation.--Section 476 of such Act (42 U.S.C. 676), as amended 
by section 50711(d), is further amended by adding at the end the 
following:
    ``(e) Evaluation of State Procedures and Protocols To Prevent 
Inappropriate Diagnoses of Mental Illness or Other Conditions.--The 
Secretary shall conduct an evaluation of the procedures and protocols 
established by States in accordance with the requirements of section 
422(b)(15)(A)(vii). The evaluation shall analyze the extent to which 
States comply with and enforce the procedures and protocols and the 
effectiveness of various State procedures and protocols and shall 
identify best practices. <<NOTE: Deadline. Reports.>> Not later than 
January 1, 2020, the Secretary shall submit a report on the results of 
the evaluation to Congress.''.
SEC. 50744. ADDITIONAL DATA AND REPORTS REGARDING CHILDREN PLACED 
                            IN A SETTING THAT IS NOT A FOSTER 
                            FAMILY HOME.

    Section 479A(a)(7)(A) of the Social Security Act (42 U.S.C. 
679b(a)(7)(A)) is amended by striking clauses (i) through (vi) and 
inserting the following:
                          ``(i) with respect to each such placement--
                                    ``(I) the type of the placement 
                                setting, including whether the placement 
                                is shelter care, a group home and if so, 
                                the range of the child population in the 
                                home, a residential treatment facility, 
                                a hospital or institution providing 
                                medical, rehabilitative, or psychiatric 
                                care, a setting specializing in 
                                providing prenatal, post-partum, or 
                                parenting supports, or some other kind 
                                of child-care institution and if so, 
                                what kind;
                                    ``(II) the number of children in the 
                                placement setting and the age, race, 
                                ethnicity, and gender of each of the 
                                children;
                                    ``(III) for each child in the 
                                placement setting, the length of the 
                                placement of the child in the setting, 
                                whether the placement of the child in 
                                the setting is the first placement of 
                                the child and if not, the number and 
                                type of previous placements of the 
                                child, and whether the child has special 
                                needs or another diagnosed mental or 
                                physical illness or condition; and
                                    ``(IV) the extent of any specialized 
                                education, treatment, counseling, or 
                                other services provided in the setting; 
                                and

[[Page 132 STAT. 261]]

                          ``(ii) separately, the number and ages of 
                      children in the placements who have a permanency 
                      plan of another planned permanent living 
                      arrangement; and''.
SEC. 50745. CRIMINAL RECORDS CHECKS AND CHECKS OF CHILD ABUSE AND 
                            NEGLECT REGISTRIES FOR ADULTS WORKING 
                            IN CHILD-CARE INSTITUTIONS AND OTHER 
                            GROUP CARE SETTINGS.

    (a) State Plan Requirement.--Section 471(a)(20) of the Social 
Security Act (42 U.S.C. 671(a)(20)) is amended--
            (1) in subparagraph (A)(ii), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (B)(iii), by striking ``and''after the 
        semicolon;
            (3) in subparagraph (C), by adding ``and'' after the 
        semicolon; and
            (4) by inserting after subparagraph (C), the following new 
        subparagraph:
                    ``(D) provides procedures for any child-care 
                institution, including a group home, residential 
                treatment center, shelter, or other congregate care 
                setting, to conduct criminal records checks, including 
                fingerprint-based checks of national crime information 
                databases (as defined in section 534(f)(3)(A) of title 
                28, United States Code), and checks described in 
                subparagraph (B) of this paragraph, on any adult working 
                in a child-care institution, including a group home, 
                residential treatment center, shelter, or other 
                congregate care setting, unless the State reports to the 
                Secretary the alternative criminal records checks and 
                child abuse registry checks the State conducts on any 
                adult working in a child-care institution, including a 
                group home, residential treatment center, shelter, or 
                other congregate care setting, and why the checks 
                specified in this subparagraph are not appropriate for 
                the State;''.

    (b) Technical Amendments.--Subparagraphs (A) and (C) of section 
471(a)(20) of the Social Security Act (42 U.S.C. 671(a)(20)) are each 
amended by striking ``section 534(e)(3)(A)'' and inserting ``section 
534(f)(3)(A)''.
SEC. 50746. <<NOTE: 42 USC 622 note.>>  EFFECTIVE DATES; 
                            APPLICATION TO WAIVERS.

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

[[Page 132 STAT. 262]]

        the session shall be deemed to be a separate regular session of 
        the State legislature.

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

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

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

        PART V--CONTINUING SUPPORT FOR CHILD AND FAMILY SERVICES

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

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

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

[[Page 132 STAT. 263]]

retention of high-quality foster families to increase their capacity to 
place more children in family settings, focused on States, Indian 
tribes, or tribal consortia with the highest percentage of children in 
non-family settings. The amount appropriated under this subparagraph 
shall remain available through fiscal year 2022.''.
SEC. 50752. EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS.

    (a) Extension of Stephanie Tubbs Jones Child Welfare Services 
Program.--Section 425 of the Social Security Act (42 U.S.C. 625) is 
amended by striking ``2012 through 2016'' and inserting ``2017 through 
2021''.
    (b) Extension of Promoting Safe and Stable Families Program 
Authorizations.--
            (1) In general.--Section 436(a) of such Act (42 U.S.C. 
        629f(a)) is amended by striking all that follows 
        ``$345,000,000'' and inserting ``for each of fiscal years 2017 
        through 2021.''.
            (2) Discretionary grants.--Section 437(a) of such Act (42 
        U.S.C. 629g(a)) is amended by striking ``2012 through 2016'' and 
        inserting ``2017 through 2021''.

    (c) Extension of Funding Reservations for Monthly Caseworker Visits 
and Regional Partnership Grants.--Section 436(b) of such Act (42 U.S.C. 
629f(b)) is amended--
            (1) in paragraph (4)(A), by striking ``2012 through 2016'' 
        and inserting ``2017 through 2021''; and
            (2) in paragraph (5), by striking ``2012 through 2016'' and 
        inserting ``2017 through 2021''.

    (d) Reauthorization of Funding for State Courts.--
            (1) Extension of program.--Section 438(c)(1) of such Act (42 
        U.S.C. 629h(c)(1)) is amended by striking ``2012 through 2016'' 
        and inserting ``2017 through 2021''.
            (2) Extension of federal share.--Section 438(d) of such Act 
        (42 U.S.C. 629h(d)) is amended by striking ``2012 through 2016'' 
        and inserting ``2017 through 2021''.

    (e) Repeal of Expired Provisions.--Section 438(e) of such Act (42 
U.S.C. 629h(e)) is repealed.
SEC. 50753. IMPROVEMENTS TO THE JOHN H. CHAFEE FOSTER CARE 
                            INDEPENDENCE PROGRAM AND RELATED 
                            PROVISIONS.

    (a) Authority To Serve Former Foster Youth Up To Age 23.--Section 
477 of the Social Security Act (42 U.S.C. 677) is amended--
            (1) in subsection (a)(5), by inserting ``(or 23 years of 
        age, in the case of a State with a certification under 
        subsection (b)(3)(A)(ii) to provide assistance and services to 
        youths who have aged out of foster care and have not attained 
        such age, in accordance with such subsection)'' after ``21 years 
        of age'';
            (2) in subsection (b)(3)(A)--
                    (A) by inserting ``(i)'' before ``A certification'';
                    (B) by striking ``children who have left foster 
                care'' and all that follows through the period and 
                inserting ``youths who have aged out of foster care and 
                have not attained 21 years of age.''; and
                    (C) by adding at the end the following:
                    ``(ii) <<NOTE: Determination.>>  If the State has 
                elected under section 475(8)(B) to extend eligibility 
                for foster care to all children who have not attained 21 
                years of age, or if the Secretary determines that the 
                State agency responsible for administering the State 
                plans under this part and part B uses

[[Page 132 STAT. 264]]

                State funds or any other funds not provided under this 
                part to provide services and assistance for youths who 
                have aged out of foster care that are comparable to the 
                services and assistance the youths would receive if the 
                State had made such an election, the certification 
                required under clause (i) may provide that the State 
                will provide assistance and services to youths who have 
                aged out of foster care and have not attained 23 years 
                of age.''; and
            (3) in subsection (b)(3)(B), by striking ``children who have 
        left foster care'' and all that follows through the period and 
        inserting ``youths who have aged out of foster care and have not 
        attained 21 years of age (or 23 years of age, in the case of a 
        State with a certification under subparagraph (A)(i) to provide 
        assistance and services to youths who have aged out of foster 
        care and have not attained such age, in accordance with 
        subparagraph (A)(ii)).''.

    (b) Authority To Redistribute Unspent Funds.--Section 477(d) of such 
Act (42 U.S.C. 677(d)) is amended--
            (1) in paragraph (4), by inserting ``or does not expend 
        allocated funds within the time period specified under section 
        477(d)(3)'' after ``provided by the Secretary''; and
            (2) by adding at the end the following:
            ``(5) Redistribution of unexpended amounts.--
                    ``(A) <<NOTE: Applicability.>> Availability of 
                amounts.--To the extent that amounts paid to States 
                under this section in a fiscal year remain unexpended by 
                the States at the end of the succeeding fiscal year, the 
                Secretary may make the amounts available for 
                redistribution in the second succeeding fiscal year 
                among the States that apply for additional funds under 
                this section for that second succeeding fiscal year.
                    ``(B) Redistribution.--
                          ``(i) In general.--The Secretary shall 
                      redistribute the amounts made available under 
                      subparagraph (A) for a fiscal year among eligible 
                      applicant 
                      States. <<NOTE: Definition. Determination.>>  In 
                      this subparagraph, the term `eligible applicant 
                      State' means a State that has applied for 
                      additional funds for the fiscal year under 
                      subparagraph (A) if the Secretary determines that 
                      the State will use the funds for the purpose for 
                      which originally allotted under this section.
                          ``(ii) Amount to be redistributed.--The amount 
                      to be redistributed to each eligible applicant 
                      State shall be the amount so made available 
                      multiplied by the State foster care ratio, (as 
                      defined in subsection (c)(4), except that, in such 
                      subsection, `all eligible applicant States (as 
                      defined in subsection (d)(5)(B)(i))' shall be 
                      substituted for `all States').
                          ``(iii) Treatment of redistributed amount.--
                      Any amount made available to a State under this 
                      paragraph shall be regarded as part of the 
                      allotment of the State under this section for the 
                      fiscal year in which the redistribution is made.
                    ``(C) <<NOTE: Definition.>>  Tribes.--For purposes 
                of this paragraph, the term `State' includes an Indian 
                tribe, tribal organization, or tribal consortium that 
                receives an allotment under this section.''.

[[Page 132 STAT. 265]]

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

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

[[Page 132 STAT. 266]]

                                    (II) by striking ``adolescents 
                                preparing for independent living'' and 
                                all that follows through the period and 
                                inserting ``youth preparing for a 
                                successful transition to adulthood and 
                                making a permanent connection with a 
                                caring adult.'';
                          (ii) in subparagraph (H), by striking 
                      ``adolescents'' each place it appears and 
                      inserting ``youth''; and
                          (iii) in subparagraph (K)--
                                    (I) by striking ``an adolescent'' 
                                and inserting ``a youth''; and
                                    (II) by striking ``the adolescent'' 
                                each place it appears and inserting 
                                ``the youth''; and
            (4) in subsection (f), by striking paragraph (2) and 
        inserting the following:
            ``(2) <<NOTE: Analyses.>>  Report to congress.--Not later 
        than October 1, 2019, the Secretary shall submit to the 
        Committee on Ways and Means of the House of Representatives and 
        the Committee on Finance of the Senate a report on the National 
        Youth in Transition Database and any other databases in which 
        States report outcome measures relating to children in foster 
        care and children who have aged out of foster care or left 
        foster care for kinship guardianship or adoption. The report 
        shall include the following:
                    ``(A) A description of the reasons for entry into 
                foster care and of the foster care experiences, such as 
                length of stay, number of placement settings, case goal, 
                and discharge reason of 17-year-olds who are surveyed by 
                the National Youth in Transition Database and an 
                analysis of the comparison of that description with the 
                reasons for entry and foster care experiences of 
                children of other ages who exit from foster care before 
                attaining age 17.
                    ``(B) A description of the characteristics of the 
                individuals who report poor outcomes at ages 19 and 21 
                to the National Youth in Transition Database.
                    ``(C) <<NOTE: Determination.>>  Benchmarks for 
                determining what constitutes a poor outcome for youth 
                who remain in or have exited from foster care and plans 
                the executive branch will take to incorporate these 
                benchmarks in efforts to evaluate child welfare agency 
                performance in providing services to children 
                transitioning from foster care.
                    ``(D) An analysis of the association between types 
                of placement, number of overall placements, time spent 
                in foster care, and other factors, and outcomes at ages 
                19 and 21.
                    ``(E) An analysis of the differences in outcomes for 
                children in and formerly in foster care at age 19 and 21 
                among States.''.

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

[[Page 132 STAT. 267]]

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

SEC. 50761. <<NOTE: 42 USC 673b note.>>  REAUTHORIZING ADOPTION 
                            AND LEGAL GUARDIANSHIP INCENTIVE 
                            PROGRAMS.

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

    (b) <<NOTE: 42 USC 673b note.>> Effective Date.--The amendments made 
by subsection (a) shall take effect as if enacted on October 1, 2017.

                     PART VII--TECHNICAL CORRECTIONS

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

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

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

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

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

[[Page 132 STAT. 268]]

    (b) <<NOTE: Deadline. Regulations. 42 USC 629m note.>>  Effective 
Date.--Not later than the date that is 24 months after the date of the 
enactment of this section, the Secretary of Health and Human Services 
shall issue a proposed rule that--
            (1) <<NOTE: Determination.>> identifies federally required 
        data exchanges, include specification and timing of exchanges to 
        be standardized, and address the factors used in determining 
        whether and when to standardize data exchanges; and
            (2) specifies State implementation options and describes 
        future milestones.
SEC. 50772. TECHNICAL CORRECTIONS TO STATE REQUIREMENT TO ADDRESS 
                            THE DEVELOPMENTAL NEEDS OF YOUNG 
                            CHILDREN.

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

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

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

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

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

    (b) <<NOTE: 42 USC 673 note.>>  Effective Date.--The amendment made 
by this section shall take effect as if enacted on January 1, 2018.
SEC. 50782. GAO STUDY AND REPORT ON STATE REINVESTMENT OF SAVINGS 
                            RESULTING FROM INCREASE IN ADOPTION 
                            ASSISTANCE.

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

[[Page 132 STAT. 269]]

            (1) The requirement to spend an amount equal to the amount 
        of the savings (if any) in State expenditures under part E of 
        title IV of the Social Security Act resulting from phasing out 
        the AFDC income eligibility requirements for adoption assistance 
        payments under section 473 of such Act to provide to children of 
        families any service that may be provided under part B or E of 
        title IV of such Act.
            (2) The requirement that a State shall spend not less than 
        30 percent of the amount of any savings described in paragraph 
        (1) on post-adoption services, post-guardianship services, and 
        services to support and sustain positive permanent outcomes for 
        children who otherwise might enter into foster care under the 
        responsibility of the State, with at least \2/3\ of the spending 
        by the State to comply with the 30 percent requirement being 
        spent on post-adoption and post-guardianship services.

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

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

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

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

           ``Subtitle C--Social Impact Demonstration Projects

                               ``purposes

    ``Sec. 2051. <<NOTE: 42 USC 1397n note.>> The purposes of this 
subtitle are the following:
            ``(1) To improve the lives of families and individuals in 
        need in the United States by funding social programs that 
        achieve real results.
            ``(2) To redirect funds away from programs that, based on 
        objective data, are ineffective, and into programs that achieve 
        demonstrable, measurable results.
            ``(3) To ensure Federal funds are used effectively on social 
        services to produce positive outcomes for both service 
        recipients and taxpayers.
            ``(4) To establish the use of social impact partnerships to 
        address some of our Nation's most pressing problems.

[[Page 132 STAT. 270]]

            ``(5) To facilitate the creation of public-private 
        partnerships that bundle philanthropic or other private 
        resources with existing public spending to scale up effective 
        social interventions already being implemented by private 
        organizations, nonprofits, charitable organizations, and State 
        and local governments across the country.
            ``(6) To bring pay-for-performance to the social sector, 
        allowing the United States to improve the impact and 
        effectiveness of vital social services programs while 
        redirecting inefficient or duplicative spending.
            ``(7) To incorporate outcomes measurement and randomized 
        controlled trials or other rigorous methodologies for assessing 
        program impact.

                 ``social impact partnership application

    ``Sec. 2052. <<NOTE: Deadline. Consultation. Federal Register, 
publication. 42 USC 1397n-1 note.>>  (a) Notice.--Not later than 1 year 
after the date of the enactment of this subtitle, the Secretary of the 
Treasury, in consultation with the Federal Interagency Council on Social 
Impact Partnerships, shall publish in the Federal Register a request for 
proposals from States or local governments for social impact partnership 
projects in accordance with this section.

    ``(b) Required Outcomes for Social Impact Partnership Project.--To 
qualify as a social impact partnership project under this subtitle, a 
project must produce one or more measurable, clearly defined outcomes 
that result in social benefit and Federal, State, or local savings 
through any of the following:
            ``(1) Increasing work and earnings by individuals in the 
        United States who are unemployed for more than 6 consecutive 
        months.
            ``(2) Increasing employment and earnings of individuals who 
        have attained 16 years of age but not 25 years of age.
            ``(3) Increasing employment among individuals receiving 
        Federal disability benefits.
            ``(4) Reducing the dependence of low-income families on 
        Federal means-tested benefits.
            ``(5) Improving rates of high school graduation.
            ``(6) Reducing teen and unplanned pregnancies.
            ``(7) Improving birth outcomes and early childhood health 
        and development among low-income families and individuals.
            ``(8) Reducing rates of asthma, diabetes, or other 
        preventable diseases among low-income families and individuals 
        to reduce the utilization of emergency and other high-cost care.
            ``(9) Increasing the proportion of children living in two-
        parent families.
            ``(10) Reducing incidences and adverse consequences of child 
        abuse and neglect.
            ``(11) Reducing the number of youth in foster care by 
        increasing adoptions, permanent guardianship arrangements, 
        reunifications, or placements with a fit and willing relative, 
        or by avoiding placing children in foster care by ensuring they 
        can be cared for safely in their own homes.
            ``(12) Reducing the number of children and youth in foster 
        care residing in group homes, child care institutions, agency-
        operated foster homes, or other non-family foster homes, unless 
        it is determined that it is in the interest of the child's long-
        term health, safety, or psychological well-being to not be 
        placed in a family foster home.

[[Page 132 STAT. 271]]

            ``(13) Reducing the number of children returning to foster 
        care.
            ``(14) Reducing recidivism among juvenile offenders, 
        individuals released from prison, or other high-risk 
        populations.
            ``(15) Reducing the rate of homelessness among our most 
        vulnerable populations.
            ``(16) Improving the health and well-being of those with 
        mental, emotional, and behavioral health needs.
            ``(17) Improving the educational outcomes of special-needs 
        or low-income children.
            ``(18) Improving the employment and well-being of returning 
        United States military members.
            ``(19) Increasing the financial stability of low-income 
        families.
            ``(20) Increasing the independence and employability of 
        individuals who are physically or mentally disabled.
            ``(21) Other measurable outcomes defined by the State or 
        local government that result in positive social outcomes and 
        Federal savings.

    ``(c) Application Required.--The notice described in subsection (a) 
shall require a State or local government to submit an application for 
the social impact partnership project that addresses the following:
            ``(1) The outcome goals of the project.
            ``(2) A description of each intervention in the project and 
        anticipated outcomes of the intervention.
            ``(3) Rigorous evidence demonstrating that the intervention 
        can be expected to produce the desired outcomes.
            ``(4) The target population that will be served by the 
        project.
            ``(5) The expected social benefits to participants who 
        receive the intervention and others who may be impacted.
            ``(6) Projected Federal, State, and local government costs 
        and other costs to conduct the project.
            ``(7) Projected Federal, State, and local government savings 
        and other savings, including an estimate of the savings to the 
        Federal Government, on a program-by-program basis and in the 
        aggregate, if the project is implemented and the outcomes are 
        achieved as a result of the intervention.
            ``(8) If savings resulting from the successful completion of 
        the project are estimated to accrue to the State or local 
        government, the likelihood of the State or local government to 
        realize those savings.
            ``(9) A plan for delivering the intervention through a 
        social impact partnership model.
            ``(10) A description of the expertise of each service 
        provider that will administer the intervention, including a 
        summary of the experience of the service provider in delivering 
        the proposed intervention or a similar intervention, or 
        demonstrating that the service provider has the expertise 
        necessary to deliver the proposed intervention.
            ``(11) An explanation of the experience of the State or 
        local government, the intermediary, or the service provider in 
        raising private and philanthropic capital to fund social service 
        investments.
            ``(12) The detailed roles and responsibilities of each 
        entity involved in the project, including any State or local 
        government

[[Page 132 STAT. 272]]

        entity, intermediary, service provider, independent evaluator, 
        investor, or other stakeholder.
            ``(13) A summary of the experience of the service provider 
        in delivering the proposed intervention or a similar 
        intervention, or a summary demonstrating the service provider 
        has the expertise necessary to deliver the proposed 
        intervention.
            ``(14) A summary of the unmet need in the area where the 
        intervention will be delivered or among the target population 
        who will receive the intervention.
            ``(15) The proposed payment terms, the methodology used to 
        calculate outcome payments, the payment schedule, and 
        performance thresholds.
            ``(16) The project budget.
            ``(17) The project timeline.
            ``(18) The criteria used to determine the eligibility of an 
        individual for the project, including how selected populations 
        will be identified, how they will be referred to the project, 
        and how they will be enrolled in the project.
            ``(19) The evaluation design.
            ``(20) The metrics that will be used in the evaluation to 
        determine whether the outcomes have been achieved as a result of 
        the intervention and how the metrics will be measured.
            ``(21) An explanation of how the metrics used in the 
        evaluation to determine whether the outcomes achieved as a 
        result of the intervention are independent, objective indicators 
        of impact and are not subject to manipulation by the service 
        provider, intermediary, or investor.
            ``(22) A summary explaining the independence of the 
        evaluator from the other entities involved in the project and 
        the evaluator's experience in conducting rigorous evaluations of 
        program effectiveness including, where available, well-
        implemented randomized controlled trials on the intervention or 
        similar interventions.
            ``(23) The capacity of the service provider to deliver the 
        intervention to the number of participants the State or local 
        government proposes to serve in the project.
            ``(24) A description of whether and how the State or local 
        government and service providers plan to sustain the 
        intervention, if it is timely and appropriate to do so, to 
        ensure that successful interventions continue to operate after 
        the period of the social impact partnership.

    ``(d) Project Intermediary Information Required.--The application 
described in subsection (c) shall also contain the following information 
about any intermediary for the social impact partnership project 
(whether an intermediary is a service provider or other entity):
            ``(1) Experience and capacity for providing or facilitating 
        the provision of the type of intervention proposed.
            ``(2) The mission and goals.
            ``(3) Information on whether the intermediary is already 
        working with service providers that provide this intervention or 
        an explanation of the capacity of the intermediary to begin 
        working with service providers to provide the intervention.
            ``(4) Experience working in a collaborative environment 
        across government and nongovernmental entities.
            ``(5) Previous experience collaborating with public or 
        private entities to implement evidence-based programs.

[[Page 132 STAT. 273]]

            ``(6) Ability to raise or provide funding to cover operating 
        costs (if applicable to the project).
            ``(7) Capacity and infrastructure to track outcomes and 
        measure results, including--
                    ``(A) capacity to track and analyze program 
                performance and assess program impact; and
                    ``(B) experience with performance-based awards or 
                performance-based contracting and achieving project 
                milestones and targets.
            ``(8) Role in delivering the intervention.
            ``(9) How the intermediary would monitor program success, 
        including a description of the interim benchmarks and outcome 
        measures.

    ``(e) Feasibility Studies Funded Through Other Sources.--The notice 
described in subsection (a) shall permit a State or local government to 
submit an application for social impact partnership funding that 
contains information from a feasibility study developed for purposes 
other than applying for funding under this subtitle.

             ``awarding social impact partnership agreements

    ``Sec. 2053.  <<NOTE: Deadline. Consultation. Determination. 42 USC 
1397n-2 note.>> (a) Timeline in Awarding Agreement.--Not later than 6 
months after receiving an application in accordance with section 2052, 
the Secretary, in consultation with the Federal Interagency Council on 
Social Impact Partnerships, shall determine whether to enter into an 
agreement for a social impact partnership project with a State or local 
government.

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

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

[[Page 132 STAT. 274]]

            ``(1) Agreement requirements.--In accordance with this 
        section, the Secretary, in consultation with the Federal 
        Interagency Council on Social Impact Partnerships and the head 
        of any Federal agency administering a similar intervention or 
        serving a population similar to that served by the project, may 
        enter into an agreement for a social impact partnership project 
        with a State or local government if the Secretary, in 
        consultation with the Federal Interagency Council on Social 
        Impact Partnerships, determines that each of the following 
        requirements are met:
                    ``(A) The State or local government agrees to 
                achieve one or more outcomes as a result of the 
                intervention, as specified in the agreement and 
                validated by independent evaluation, in order to receive 
                payment.
                    ``(B) The Federal payment to the State or local 
                government for each specified outcome achieved as a 
                result of the intervention is less than or equal to the 
                value of the outcome to the Federal Government over a 
                period not to exceed 10 years, as determined by the 
                Secretary, in consultation with the State or local 
                government.
                    ``(C) The duration of the project does not exceed 10 
                years.
                    ``(D) The State or local government has 
                demonstrated, through the application submitted under 
                section 2052, that, based on prior rigorous experimental 
                evaluations or rigorous quasi-experimental studies, the 
                intervention can be expected to achieve each outcome 
                specified in the agreement.
                    ``(E) The State, local government, intermediary, or 
                service provider has experience raising private or 
                philanthropic capital to fund social service investments 
                (if applicable to the project).
                    ``(F) The State or local government has shown that 
                each service provider has experience delivering the 
                intervention, a similar intervention, or has otherwise 
                demonstrated the expertise necessary to deliver the 
                intervention.
            ``(2) Payment.--The Secretary shall pay the State or local 
        government only if the independent evaluator described in 
        section 2055 determines that the social impact partnership 
        project has met the requirements specified in the agreement and 
        achieved an outcome as a result of the intervention, as 
        specified in the agreement and validated by independent 
        evaluation.

    ``(d) <<NOTE: Deadline. Federal Register, publication.>> Notice of 
Agreement Award.--Not later than 30 days after entering into an 
agreement under this section the Secretary shall publish a notice in the 
Federal Register that includes, with regard to the agreement, the 
following:
            ``(1) The outcome goals of the social impact partnership 
        project.
            ``(2) A description of each intervention in the project.
            ``(3) The target population that will be served by the 
        project.
            ``(4) The expected social benefits to participants who 
        receive the intervention and others who may be impacted.
            ``(5) The detailed roles, responsibilities, and purposes of 
        each Federal, State, or local government entity, intermediary, 
        service provider, independent evaluator, investor, or other 
        stakeholder.

[[Page 132 STAT. 275]]

            ``(6) The payment terms, the methodology used to calculate 
        outcome payments, the payment schedule, and performance 
        thresholds.
            ``(7) The project budget.
            ``(8) The project timeline.
            ``(9) <<NOTE: Criteria.>> The project eligibility criteria.
            ``(10) The evaluation design.
            ``(11) The metrics that will be used in the evaluation to 
        determine whether the outcomes have been achieved as a result of 
        each intervention and how these metrics will be measured.
            ``(12) <<NOTE: Estimate.>>  The estimate of the savings to 
        the Federal, State, and local government, on a program-by-
        program basis and in the aggregate, if the agreement is entered 
        into and implemented and the outcomes are achieved as a result 
        of each intervention.

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

                       ``feasibility study funding

    ``Sec. 2054.  <<NOTE: 42 USC 1397n-3 note.>> (a) Requests for 
Funding for Feasibility Studies.--The Secretary shall reserve a portion 
of the amount made available to carry out this subtitle to assist States 
or local governments in developing feasibility studies to apply for 
social impact partnership funding under section 2052. To be eligible to 
receive funding to assist with completing a feasibility study, a State 
or local government shall submit an application for feasibility study 
funding addressing the following:
            ``(1) A description of the outcome goals of the social 
        impact partnership project.
            ``(2) A description of the intervention, including 
        anticipated program design, target population, an estimate 
        regarding the number of individuals to be served, and setting 
        for the intervention.
            ``(3) Evidence to support the likelihood that the 
        intervention will produce the desired outcomes.
            ``(4) A description of the potential metrics to be used.
            ``(5) The expected social benefits to participants who 
        receive the intervention and others who may be impacted.
            ``(6) <<NOTE: Cost estimate.>> Estimated costs to conduct 
        the project.
            ``(7) <<NOTE: Estimates.>> Estimates of Federal, State, and 
        local government savings and other savings if the project is 
        implemented and the outcomes are achieved as a result of each 
        intervention.
            ``(8) <<NOTE: Time period.>> An estimated timeline for 
        implementation and completion of the project, which shall not 
        exceed 10 years.
            ``(9) With respect to a project for which the State or local 
        government selects an intermediary to operate the project, any 
        partnerships needed to successfully execute the project and the 
        ability of the intermediary to foster the partnerships.
            ``(10) The expected resources needed to complete the 
        feasibility study for the State or local government to apply for 
        social impact partnership funding under section 2052.

[[Page 132 STAT. 276]]

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

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

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

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

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

                              ``evaluations

    ``Sec. 2055.  <<NOTE: Determination. 42 USC 1397n-4 note.>> (a) 
Authority to Enter Into Agreements.--For each State or local government 
awarded a social impact partnership project approved by the Secretary 
under this subtitle, the head of the relevant agency, as recommended by 
the Federal Interagency Council on Social Impact Partnerships and 
determined by the Secretary, shall enter into an agreement with the 
State or local government to pay for all or part of the independent 
evaluation to determine whether the State or local government project 
has achieved a specific outcome as a result of the intervention in order 
for the State or local government to receive outcome payments under this 
subtitle.

[[Page 132 STAT. 277]]

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

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

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

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

[[Page 132 STAT. 278]]

                the outcome, and information on the improved future 
                delivery of this or similar interventions.
            ``(2) Submission to the secretary and congress.--Not later 
        than 30 days after receipt of the written report pursuant to 
        paragraph (1)(B), the Federal Interagency Council on Social 
        Impact Partnerships shall submit the report to the Secretary and 
        each committee of jurisdiction in the House of Representatives 
        and the Senate.

    ``(f) Limitation on Cost of Evaluations.--Of the amount made 
available under this subtitle for social impact partnership projects, 
the Secretary may not obligate more than 15 percent to evaluate the 
implementation and outcomes of the projects.
    ``(g) Delegation of Authority.--The Secretary may transfer to the 
head of another Federal agency the authorities provided in this section 
and any funds necessary to exercise the authorities.

       ``federal interagency council on social impact partnerships

    ``Sec. 2056.  <<NOTE: 42 USC 1397n-5 note.>> (a) Establishment.--
There is established the Federal Interagency Council on Social Impact 
Partnerships (in this section referred to as the `Council') to--
            ``(1) coordinate with the Secretary on the efforts of social 
        impact partnership projects funded under this subtitle;
            ``(2) advise and assist the Secretary in the development and 
        implementation of the projects;
            ``(3) advise the Secretary on specific programmatic and 
        policy matter related to the projects;
            ``(4) provide subject-matter expertise to the Secretary with 
        regard to the projects;
            ``(5) <<NOTE: Certification.>> certify to the Secretary that 
        each State or local government that has entered into an 
        agreement with the Secretary for a social impact partnership 
        project under this subtitle and each evaluator selected by the 
        head of the relevant agency under section 2055 has access to 
        Federal administrative data to assist the State or local 
        government and the evaluator in evaluating the performance and 
        outcomes of the project;
            ``(6) address issues that will influence the future of 
        social impact partnership projects in the United States;
            ``(7) provide guidance to the executive branch on the future 
        of social impact partnership projects in the United States;
            ``(8) <<NOTE: Certification.>> prior to approval by the 
        Secretary, certify that each State and local government 
        application for a social impact partnership contains rigorous, 
        independent data and reliable, evidence-based research 
        methodologies to support the conclusion that the project will 
        yield savings to the State or local government or the Federal 
        Government if the project outcomes are achieved;
            ``(9) <<NOTE: Certification.>> certify to the Secretary, in 
        the case of each approved social impact partnership that is 
        expected to yield savings to the Federal Government, that the 
        project will yield a projected savings to the Federal Government 
        if the project outcomes are achieved, and coordinate with the 
        relevant Federal agency to produce an after-action accounting 
        once the project is complete to determine the actual Federal 
        savings realized, and the extent to which actual savings aligned 
        with projected savings; and

[[Page 132 STAT. 279]]

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

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

               ``commission on social impact partnerships

    ``Sec. 2057.  <<NOTE: 42 USC 1397n-6 note.>> (a) Establishment.--
There is established the Commission on Social Impact Partnerships (in 
this section referred to as the `Commission').

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

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

[[Page 132 STAT. 280]]

            ``(9) one shall be appointed by the ranking member of the 
        Committee on Ways and Means of the House of Representatives.

    ``(d) Qualifications of Commission Members.--The members of the 
Commission shall--
            ``(1) be experienced in finance, economics, pay for 
        performance, or program evaluation;
            ``(2) have relevant professional or personal experience in a 
        field related to one or more of the outcomes listed in this 
        subtitle; or
            ``(3) be qualified to review applications for social impact 
        partnership projects to determine whether the proposed metrics 
        and evaluation methodologies are appropriately rigorous and 
        reliant upon independent data and evidence-based research.

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

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

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

                      ``limitation on use of funds

    ``Sec. 2058. <<NOTE: 42 USC 1397n-7 note.>> Of the amounts made 
available to carry out this subtitle, the Secretary may not use more 
than $2,000,000 in any fiscal year to support the review, approval, and 
oversight of social impact partnership projects, including activities 
conducted by--
            ``(1) the Federal Interagency Council on Social Impact 
        Partnerships; and

[[Page 132 STAT. 281]]

            ``(2) any other agency consulted by the Secretary before 
        approving a social impact partnership project or a feasibility 
        study under section 2054.

              ``no federal funding for credit enhancements

    ``Sec. 2059. <<NOTE: 42 USC 1397n-8 note.>> No amount made available 
to carry out this subtitle may be used to provide any insurance, 
guarantee, or other credit enhancement to a State or local government 
under which a Federal payment would be made to a State or local 
government as the result of a State or local government failing to 
achieve an outcome specified in an agreement.

                         ``availability of funds

    ``Sec. 2060. <<NOTE: Termination date. 42 USC 1397n-9 
note.>> Amounts made available to carry out this subtitle shall remain 
available until 10 years after the date of the enactment of this 
subtitle.

                                ``website

    ``Sec. 2061. The Federal <<NOTE: 42 USC 1397n-10 note.>>  
Interagency Council on Social Impact Partnerships shall establish and 
maintain a public website that shall display the following:
            ``(1) <<NOTE: Records.>> A copy of, or method of accessing, 
        each notice published regarding a social impact partnership 
        project pursuant to this subtitle.
            ``(2) A copy of each feasibility study funded under this 
        subtitle.
            ``(3) For each State or local government that has entered 
        into an agreement with the Secretary for a social impact 
        partnership project, the website shall contain the following 
        information:
                    ``(A) The outcome goals of the project.
                    ``(B) A description of each intervention in the 
                project.
                    ``(C) The target population that will be served by 
                the project.
                    ``(D) The expected social benefits to participants 
                who receive the intervention and others who may be 
                impacted.
                    ``(E) The detailed roles, responsibilities, and 
                purposes of each Federal, State, or local government 
                entity, intermediary, service provider, independent 
                evaluator, investor, or other stakeholder.
                    ``(F) The payment terms, methodology used to 
                calculate outcome payments, the payment schedule, and 
                performance thresholds.
                    ``(G) The project budget.
                    ``(H) The project timeline.
                    ``(I) The project eligibility criteria.
                    ``(J) The evaluation design.
                    ``(K) The metrics used to determine whether the 
                proposed outcomes have been achieved and how these 
                metrics are measured.
            ``(4) A copy of the progress reports and the final reports 
        relating to each social impact partnership project.
            ``(5) <<NOTE: Estimate.>>  An estimate of the savings to the 
        Federal, State, and local government, on a program-by-program 
        basis and in the

[[Page 132 STAT. 282]]

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

                              ``regulations

    ``Sec. 2062. <<NOTE: Consultation. 42 USC 1397n-11 note.>> The 
Secretary, in consultation with the Federal Interagency Council on 
Social Impact Partnerships, may issue regulations as necessary to carry 
out this subtitle.

                              ``definitions

    ``Sec. 2063. <<NOTE: 42 USC 1397n-12 note.>> In this subtitle:
            ``(1) Agency.--The term `agency' has the meaning given that 
        term in section 551 of title 5, United States Code.
            ``(2) Intervention.--The term `intervention' means a 
        specific service delivered to achieve an impact through a social 
        impact partnership project.
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of the Treasury.
            ``(4) Social impact partnership project.--The term `social 
        impact partnership project' means a project that finances social 
        services using a social impact partnership model.
            ``(5) Social impact partnership model.--The term `social 
        impact partnership model' means a method of financing social 
        services in which--
                    ``(A) Federal funds are awarded to a State or local 
                government only if a State or local government achieves 
                certain outcomes agreed on by the State or local 
                government and the Secretary; and
                    ``(B) the State or local government coordinates with 
                service providers, investors (if applicable to the 
                project), and (if necessary) an intermediary to 
                identify--
                          ``(i) an intervention expected to produce the 
                      outcome;
                          ``(ii) a service provider to deliver the 
                      intervention to the target population; and
                          ``(iii) investors to fund the delivery of the 
                      intervention.
            ``(6) State.--The term `State' means each State of the 
        United States, the District of Columbia, each commonwealth, 
        territory or possession of the United States, and each federally 
        recognized Indian tribe.

                                ``funding

    ``Sec. 2064. <<NOTE: 42 USC 1397n-13 note.>> Out of any money in the 
Treasury of the United States not otherwise appropriated, there is 
hereby appropriated $100,000,000 for fiscal year 2018 to carry out this 
subtitle.''.

                    TITLE IX--PUBLIC HEALTH PROGRAMS

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

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

[[Page 132 STAT. 283]]

                    ``(F) $3,800,000,000 for fiscal year 2018 and 
                $4,000,000,000 for fiscal year 2019.''.

    (b) Other Community Health Centers Provisions.--Section 330 of the 
Public Health Service Act (42 U.S.C. 254b) is amended--
            (1) in subsection (b)(1)(A)(ii), by striking ``abuse'' and 
        inserting ``use disorder'';
            (2) in subsection (b)(2)(A), by striking ``abuse'' and 
        inserting ``use disorder'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking subparagraphs (B) 
                through (D);
                    (B) by striking ``(1) In general'' and all that 
                follows through ``The Secretary'' and inserting the 
                following:
            ``(1) Centers.--The Secretary''; and
                    (C) in paragraph (1), as amended, by redesignating 
                clauses (i) through (v) as subparagraphs (A) through (E) 
                and moving the margin of each of such redesignated 
                subparagraph 2 ems to the left;
            (4) by striking subsection (d) and inserting the following:

    ``(d) Improving Quality of Care.--
            ``(1) Supplemental awards.--The Secretary may award 
        supplemental grant funds to health centers funded under this 
        section to implement evidence-based models for increasing access 
        to high-quality primary care services, which may include models 
        related to--
                    ``(A) improving the delivery of care for individuals 
                with multiple chronic conditions;
                    ``(B) workforce configuration;
                    ``(C) reducing the cost of care;
                    ``(D) enhancing care coordination;
                    ``(E) expanding the use of telehealth and 
                technology-enabled collaborative learning and capacity 
                building models;
                    ``(F) care integration, including integration of 
                behavioral health, mental health, or substance use 
                disorder services; and
                    ``(G) addressing emerging public health or substance 
                use disorder issues to meet the health needs of the 
                population served by the health center.
            ``(2) Sustainability.--In making supplemental awards under 
        this subsection, the Secretary may consider whether the health 
        center involved has submitted a plan for continuing the 
        activities funded under this subsection after supplemental 
        funding is expended.
            ``(3) Special consideration.--The Secretary may give special 
        consideration to applications for supplemental funding under 
        this subsection that seek to address significant barriers to 
        access to care in areas with a greater shortage of health care 
        providers and health services relative to the national 
        average.'';
            (5) in subsection (e)(1)--
                    (A) in subparagraph (B)--
                          (i) by striking ``2 years'' and inserting ``1 
                      year''; and
                          (ii) <<NOTE: Grants. Deadline. Implementation 
                      plan.>> by adding at the end the following: ``The 
                      Secretary shall not make a grant under this 
                      paragraph

[[Page 132 STAT. 284]]

                      unless the applicant provides assurances to the 
                      Secretary that within 120 days of receiving grant 
                      funding for the operation of the health center, 
                      the applicant will submit, for approval by the 
                      Secretary, an implementation plan to meet the 
                      requirements of subsection (k)(3) <<NOTE: Time 
                      period.>> . The Secretary may extend such 120-day 
                      period for achieving compliance upon a 
                      demonstration of good cause by the health 
                      center.''; and
                    (B) in subparagraph (C)--
                          (i) in the subparagraph heading, by striking 
                      ``and plans'';
                          (ii) by striking ``or plan (as described in 
                      subparagraphs (B) and (C) of subsection (c)(1))'';
                          (iii) by striking ``or plan, including the 
                      purchase'' and inserting the following: 
                      ``including--
                          ``(i) the purchase'';
                          (iv) by inserting ``, which may include data 
                      and information systems'' after ``of equipment'';
                          (v) by striking the period at the end and 
                      inserting a semicolon; and
                          (vi) by adding at the end the following:
                          ``(ii) the provision of training and technical 
                      assistance; and
                          ``(iii) other activities that--
                                    ``(I) reduce costs associated with 
                                the provision of health services;
                                    ``(II) improve access to, and 
                                availability of, health services 
                                provided to individuals served by the 
                                centers;
                                    ``(III) enhance the quality and 
                                coordination of health services; or
                                    ``(IV) improve the health status of 
                                communities.'';
            (6) in subsection (e)(5)(B)--
                    (A) in the heading of subparagraph (B), by striking 
                ``and plans''; and
                    (B) by striking ``and subparagraphs (B) and (C) of 
                subsection (c)(1) to a health center or to a network or 
                plan'' and inserting ``to a health center or to a 
                network'';
            (7) in subsection (e), by adding at the end the following:
            ``(6) New access points and expanded services.--
                    ``(A) Approval of new access points.--
                          ``(i) In general.--The Secretary may approve 
                      applications for grants under subparagraph (A) or 
                      (B) of paragraph (1) to establish new delivery 
                      sites.
                          ``(ii) Special consideration.--In carrying out 
                      clause (i), the Secretary may give special 
                      consideration to applicants that have demonstrated 
                      the new delivery site will be located within a 
                      sparsely populated area, or an area which has a 
                      level of unmet need that is higher relative to 
                      other applicants.
                          ``(iii) Consideration of applications.--In 
                      carrying out clause (i), the Secretary shall 
                      approve applications for grants in such a manner 
                      that the ratio of the medically underserved 
                      populations in rural areas which may be expected 
                      to use the services provided by the applicants 
                      involved to the medically

[[Page 132 STAT. 285]]

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

[[Page 132 STAT. 286]]

                          (iii) in subparagraph (A), by inserting 
                      ``unmet'' before ``need for health services'';
                          (iv) in subparagraph (B), by striking ``and'' 
                      at the end;
                          (v) in subparagraph (C), by striking the 
                      period at the end and inserting ``; and''; and
                          (vi) by adding after subparagraph (C) the 
                      following:
                    ``(D) in the case of an application for a grant 
                pursuant to subsection (e)(6), a demonstration that the 
                applicant has consulted with appropriate State and local 
                government agencies, and health care providers regarding 
                the need for the health services to be provided at the 
                proposed delivery site.'';
                    (B) in paragraph (3)--
                          (i) in the matter preceding subparagraph (A), 
                      by inserting ``or subsection (e)(6)'' after 
                      ``subsection (e)(1)(B)'';
                          (ii) in subparagraph (B), by striking ``in the 
                      catchment area of the center'' and inserting ``, 
                      including other health care providers that provide 
                      care within the catchment area, local hospitals, 
                      and specialty providers in the catchment area of 
                      the center, to provide access to services not 
                      available through the health center and to reduce 
                      the non-urgent use of hospital emergency 
                      departments'';
                          (iii) in subparagraph (H)(ii), by inserting 
                      ``who shall be directly employed by the center'' 
                      after ``approves the selection of a director for 
                      the center'';
                          (iv) in subparagraph (L), by striking ``and'' 
                      at the end;
                          (v) in subparagraph (M), by striking the 
                      period and inserting ``; and''; and
                          (vi) by inserting after subparagraph (M), the 
                      following:
                    ``(N) the center has written policies and procedures 
                in place to ensure the appropriate use of Federal funds 
                in compliance with applicable Federal statutes, 
                regulations, and the terms and conditions of the Federal 
                award.''; and
                    (C) by striking paragraph (4);
            (10) in subsection (l), by adding at the end the following: 
        ``Funds expended to carry out activities under this subsection 
        and operational support activities under subsection (m) shall 
        not exceed 3 percent of the amount appropriated for this section 
        for the fiscal year involved.'';
            (11) in subsection (q)(4), by adding at the end the 
        following: ``A <<NOTE: Waiver. Time period.>>  waiver provided 
        by the Secretary under this paragraph may not remain in effect 
        for more than 1 year and may not be extended after such period. 
        An entity may not receive more than one waiver under this 
        paragraph in consecutive years.'';
            (12) in subsection (r)(3)--
                    (A) by striking ``appropriate committees of Congress 
                a report concerning the distribution of funds under this 
                section'' and inserting the following: ``Committee on 
                Health, Education, Labor, and Pensions of the Senate, 
                and the Committee on Energy and Commerce of the House of 
                Representatives, a report including, at a minimum--

[[Page 132 STAT. 287]]

                    ``(A) the distribution of funds for carrying out 
                this section'';
                    (B) by striking ``populations. Such report shall 
                include an assessment'' and inserting the following: 
                ``populations;
                    ``(B) an assessment'';
                    (C) by striking ``and the rationale for any 
                substantial changes in the distribution of funds.'' and 
                inserting a semicolon; and
                    (D) by adding at the end the following:
                    ``(C) the distribution of awards and funding for new 
                or expanded services in each of rural areas and urban 
                areas;
                    ``(D) the distribution of awards and funding for 
                establishing new access points, and the number of new 
                access points created;
                    ``(E) the amount of unexpended funding for loan 
                guarantees and loan guarantee authority under title XVI;
                    ``(F) the rationale for any substantial changes in 
                the distribution of funds;
                    ``(G) the rate of closures for health centers and 
                access points;
                    ``(H) the number and reason for any grants awarded 
                pursuant to subsection (e)(1)(B); and
                    ``(I) the number and reason for any waivers provided 
                pursuant to subsection (q)(4).'';
            (13) in subsection (r), by adding at the end the following 
        new paragraph:
            ``(5) Funding for participation of health centers in all of 
        us research program.-- <<NOTE: Appropriation authorization.>> In 
        addition to any amounts made available pursuant to paragraph (1) 
        of this subsection, section 402A of this Act, or section 10503 
        of the Patient Protection and Affordable Care Act, there is 
        authorized to be appropriated, and there is appropriated, out of 
        any monies in the Treasury not otherwise appropriated, to the 
        Secretary $25,000,000 for fiscal year 2018 to support the 
        participation of health centers in the All of Us Research 
        Program under the Precision Medicine Initiative under section 
        498E of this Act.''; and
            (14) by striking subsection (s).

    (c) National Health Service Corps.--Section 10503(b)(2)(F) of the 
Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)(F)), 
as amended by section 3101 of Public Law 115-96, is amended to read as 
follows:
                    ``(F) $310,000,000 for each of fiscal years 2018 and 
                2019.''.

    (d) Teaching Health Centers That Operate Graduate Medical Education 
Programs.--
            (1) Payments.--Subsection (a) of section 340H of the Public 
        Health Service Act (42 U.S.C. 256h) is amended to read as 
        follows:

    ``(a) Payments.--
            ``(1) In general.--Subject to subsection (h)(2), the 
        Secretary shall make payments under this section for direct 
        expenses and indirect expenses to qualified teaching health 
        centers that are listed as sponsoring institutions by the 
        relevant accrediting body for, as appropriate--

[[Page 132 STAT. 288]]

                    ``(A) maintenance of filled positions at existing 
                approved graduate medical residency training programs;
                    ``(B) expansion of existing approved graduate 
                medical residency training programs; and
                    ``(C) establishment of new approved graduate medical 
                residency training programs.
            ``(2) Per resident amount.--In making payments under 
        paragraph (1), the Secretary shall consider the cost of training 
        residents at teaching health centers and the implications of the 
        per resident amount on approved graduate medical residency 
        training programs at teaching health centers.
            ``(3) Priority.--In making payments under paragraph (1)(C), 
        the Secretary shall give priority to qualified teaching health 
        centers that--
                    ``(A) serve a health professional shortage area with 
                a designation in effect under section 332 or a medically 
                underserved community (as defined in section 799B); or
                    ``(B) are located in a rural area (as defined in 
                section 1886(d)(2)(D) of the Social Security Act).''.
            (2) Funding.--Paragraph (1) of section 340H(g) of the Public 
        Health Service Act (42 U.S.C. 256h(g)), as amended by section 
        3101 of Public Law 115-96, is amended by striking ``and 
        $30,000,000 for the period of the first and second quarters of 
        fiscal year 2018,'' and inserting ``and $126,500,000 for each of 
        fiscal years 2018 and 2019,''.
            (3) Annual reporting.--Subsection (h)(1) of section 340H of 
        the Public Health Service Act (42 U.S.C. 256h) is amended--
                    (A) by redesignating subparagraph (D) as 
                subparagraph (H); and
                    (B) by inserting after subparagraph (C) the 
                following:
                    ``(D) The number of patients treated by residents 
                described in paragraph (4).
                    ``(E) The number of visits by patients treated by 
                residents described in paragraph (4).
                    ``(F) Of the number of residents described in 
                paragraph (4) who completed their residency training at 
                the end of such residency academic year, the number and 
                percentage of such residents entering primary care 
                practice (meaning any of the areas of practice listed in 
                the definition of a primary care residency program in 
                section 749A).
                    ``(G) Of the number of residents described in 
                paragraph (4) who completed their residency training at 
                the end of such residency academic year, the number and 
                percentage of such residents who entered practice at a 
                health care facility--
                          ``(i) primarily serving a health professional 
                      shortage area with a designation in effect under 
                      section 332 or a medically underserved community 
                      (as defined in section 799B); or
                          ``(ii) located in a rural area (as defined in 
                      section 1886(d)(2)(D) of the Social Security 
                      Act).''.
            (4) Report on training costs.--Not later than March 31, 
        2019, the Secretary of Health and Human Services shall submit to 
        the Congress a report on the direct graduate expenses of 
        approved graduate medical residency training programs, and the 
        indirect expenses associated with the additional costs of 
        teaching residents, of qualified teaching health centers (as 
        such

[[Page 132 STAT. 289]]

        terms are used or defined in section 340H of the Public Health 
        Service Act (42 U.S.C. 256h)).
            (5) Definition.--Subsection (j) of section 340H of the 
        Public Health Service Act (42 U.S.C. 256h) is amended--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (B) by inserting after paragraph (1) the following:
            ``(2) New approved graduate medical residency training 
        program.--The term `new approved graduate medical residency 
        training program' means an approved graduate medical residency 
        training program for which the sponsoring qualified teaching 
        health center has not received a payment under this section for 
        a previous fiscal year (other than pursuant to subsection 
        (a)(1)(C)).''.
            (6) Technical correction.--Subsection (f) of section 340H 
        (42 U.S.C. 256h) is amended by striking ``hospital'' each place 
        it appears and inserting ``teaching health center''.
            (7) <<NOTE: Applicability. 42 USC 256h note.>> Payments for 
        previous fiscal years.--The provisions of section 340H of the 
        Public Health Service Act (42 U.S.C. 256h), as in effect on the 
        day before the date of enactment of Public Law 115-96, shall 
        continue to apply with respect to payments under such section 
        for fiscal years before fiscal year 2018.

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

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

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

               TITLE X--MISCELLANEOUS HEALTH CARE POLICIES

SEC. 51001. <<NOTE: Time periods.>> HOME HEALTH PAYMENT REFORM.

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

[[Page 132 STAT. 290]]

            (1) in paragraph (2)--
                    (A) by striking ``payment.--In defining'' and 
                inserting ``payment.--
                    ``(A) In general.--In defining''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(B) 30-day unit of service.--For purposes of 
                implementing the prospective payment system with respect 
                to home health units of service furnished during a year 
                beginning with 2020, the Secretary shall apply a 30-day 
                unit of service as the unit of service applied under 
                this paragraph.'';
            (2) in paragraph (3)--
                    (A) in subparagraph (A), by adding at the end the 
                following new clause:
                          ``(iv) Budget neutrality for 2020.--With 
                      respect to payments for home health units of 
                      service furnished that end during the 12-month 
                      period beginning January 1, 2020, the Secretary 
                      shall calculate a standard prospective payment 
                      amount (or amounts) for 30-day units of service 
                      (as described in paragraph (2)(B)) for the 
                      prospective payment system under this subsection. 
                      Such standard prospective payment amount (or 
                      amounts) shall be calculated in a manner such that 
                      the estimated aggregate amount of expenditures 
                      under the system during such period with 
                      application of paragraph (2)(B) is equal to the 
                      estimated aggregate amount of expenditures that 
                      otherwise would have been made under the system 
                      during such period if paragraph (2)(B) had not 
                      been enacted. 
                      The <<NOTE: Applicability.>> previous sentence 
                      shall be applied before (and not affect the 
                      application of) paragraph (3)(B). In calculating 
                      such amount (or amounts), the Secretary shall make 
                      assumptions about behavior changes that could 
                      occur as a result of the implementation of 
                      paragraph (2)(B) and the case-mix adjustment 
                      factors established under paragraph (4)(B) and 
                      shall provide a description of such assumptions in 
                      the notice and comment rulemaking used to 
                      implement this clause.''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(D) <<NOTE: Notice. Regulations.>> Behavior 
                assumptions and adjustments.--
                          ``(i) <<NOTE: Deadline. Determination.>> In 
                      general.--The Secretary shall annually determine 
                      the impact of differences between assumed behavior 
                      changes (as described in paragraph (3)(A)(iv)) and 
                      actual behavior changes on estimated aggregate 
                      expenditures under this subsection with respect to 
                      years beginning with 2020 and ending with 2026.
                          ``(ii) Permanent adjustments.--The Secretary 
                      shall, at a time and in a manner determined 
                      appropriate, through notice and comment 
                      rulemaking, provide for one or more permanent 
                      increases or decreases to the standard prospective 
                      payment amount (or amounts) for applicable years, 
                      on a prospective basis, to offset for such 
                      increases or decreases in estimated aggregate 
                      expenditures (as determined under clause (i)).

[[Page 132 STAT. 291]]

                          ``(iii) Temporary adjustments for 
                      retrospective behavior.--The Secretary shall, at a 
                      time and in a manner determined appropriate, 
                      through notice and comment rulemaking, provide for 
                      one or more temporary increases or decreases to 
                      the payment amount for a unit of home health 
                      services (as determined under paragraph (4)) for 
                      applicable years, on a prospective basis, to 
                      offset for such increases or decreases in 
                      estimated aggregate expenditures (as determined 
                      under clause (i)). <<NOTE: Applicability.>> Such a 
                      temporary increase or decrease shall apply only 
                      with respect to the year for which such temporary 
                      increase or decrease is made, and the Secretary 
                      shall not take into account such a temporary 
                      increase or decrease in computing such amount 
                      under this subsection for a subsequent year.''; 
                      and
            (3) in paragraph (4)(B)--
                    (A) by striking ``Factors.--The Secretary'' and 
                inserting ``Factors.--
                          ``(i) In general.--The Secretary''; and
                    (B) by adding at the end the following new clause:
                          ``(ii) Treatment of therapy thresholds.--For 
                      2020 and subsequent years, the Secretary shall 
                      eliminate the use of therapy thresholds 
                      (established by the Secretary) in case mix 
                      adjustment factors established under clause (i) 
                      for calculating payments under the prospective 
                      payment system under this subsection.''.

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

[[Page 132 STAT. 292]]

            (3) Report.--Not later than April 1, 2019, the Secretary of 
        Health and Human Services shall submit to the Committee on Ways 
        and Means and the Committee on Energy and Commerce of the House 
        of Representatives and the Committee on Finance of the Senate a 
        report on the recommendations of such panel described in such 
        paragraph.
            (4) <<NOTE: Deadline.>> Notice and comment rulemaking.--Not 
        later than December 31, 2019, the Secretary of Health and Human 
        Services shall pursue notice and comment rulemaking on a case-
        mix system with respect to the prospective payment system for 
        home health services under section 1895(b) of the Social 
        Security Act (42 U.S.C. 1395fff(b)).

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

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

[[Page 132 STAT. 293]]

SEC. 51003. TECHNICAL AMENDMENTS TO PUBLIC LAW 114-10.

    (a) MIPS Transition.--Section 1848 of the Social Security Act (42 
U.S.C. 1395w-4) is amended--
            (1) in subsection (q)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (B), by striking ``items 
                      and services'' and inserting ``covered 
                      professional services (as defined in subsection 
                      (k)(3)(A))''; and
                          (ii) in subparagraph (C)(iv)--
                                    (I) by amending subclause (I) to 
                                read as follows:
                                    ``(I) <<NOTE: Time periods.>> The 
                                minimum number (as determined by the 
                                Secretary) of--
                                            ``(aa) for performance 
                                        periods beginning before January 
                                        1, 2018, individuals enrolled 
                                        under this part who are treated 
                                        by the eligible professional for 
                                        the performance period involved; 
                                        and
                                            ``(bb) for performance 
                                        periods beginning on or after 
                                        January 1, 2018, individuals 
                                        enrolled under this part who are 
                                        furnished covered professional 
                                        services (as defined in 
                                        subsection (k)(3)(A)) by the 
                                        eligible professional for the 
                                        performance period involved.'';
                                    (II) in subclause (II), by striking 
                                ``items and services'' and inserting 
                                ``covered professional services (as 
                                defined in subsection (k)(3)(A))''; and
                                    (III) by amending subclause (III) to 
                                read as follows:
                                    ``(III) <<NOTE: Time periods.>> The 
                                minimum amount (as determined by the 
                                Secretary) of--
                                            ``(aa) for performance 
                                        periods beginning before January 
                                        1, 2018, allowed charges billed 
                                        by such professional under this 
                                        part for such performance 
                                        period; and
                                            ``(bb) for performance 
                                        periods beginning on or after 
                                        January 1, 2018, allowed charges 
                                        for covered professional 
                                        services (as defined in 
                                        subsection (k)(3)(A)) billed by 
                                        such professional for such 
                                        performance period.'';
                    (B) in paragraph (5)(D)--
                          (i) in clause (i)(I), by inserting ``subject 
                      to clause (iii),'' after ``clauses (i) and (ii) of 
                      paragraph (2)(A),''; and
                          (ii) by adding at the end the following new 
                      clause:
                          ``(iii) Transition years.--For each of the 
                      second, third, fourth, and fifth years for which 
                      the MIPS applies to payments, the performance 
                      score for the performance category described in 
                      paragraph (2)(A)(ii) shall not take into account 
                      the improvement of the professional involved.'';
                    (C) in paragraph (5)(E)--
                          (i) in clause (i)(I)(bb)--
                                    (I) in the heading by striking 
                                ``First 2 years'' and inserting ``First 
                                5 years''; and
                                    (II) by striking ``the first and 
                                second years'' and inserting ``each of 
                                the first through fifth years'';

[[Page 132 STAT. 294]]

                          (ii) in clause (i)(II)(bb)--
                                    (I) in the heading, by striking ``2 
                                years'' and inserting ``5 years''; and
                                    (II) by striking the second sentence 
                                and inserting the following new 
                                sentences: ``For each of the second, 
                                third, fourth, and fifth years for which 
                                the MIPS applies to payments, not less 
                                than 10 percent and not more than 30 
                                percent of such score shall be based on 
                                performance with respect to the category 
                                described in clause (ii) of paragraph 
                                (2)(A) <<NOTE: Determination.>> . 
                                Nothing in the previous sentence shall 
                                be construed, with respect to a 
                                performance period for a year described 
                                in the previous sentence, as preventing 
                                the Secretary from basing 30 percent of 
                                such score for such year with respect to 
                                the category described in such clause 
                                (ii), if the Secretary determines, based 
                                on information posted under subsection 
                                (r)(2)(I) that sufficient resource use 
                                measures are ready for adoption for use 
                                under the performance category under 
                                paragraph (2)(A)(ii) for such 
                                performance period.'';
                    (D) in paragraph (6)(D)--
                          (i) in clause (i), in the second sentence, by 
                      striking ``Such performance threshold'' and 
                      inserting ``Subject to clauses (iii) and (iv), 
                      such performance threshold'';
                          (ii) in clause (ii)--
                                    (I) in the first sentence, by 
                                inserting ``(beginning with 2019 and 
                                ending with 2024)'' after ``for each 
                                year of the MIPS''; and
                                    (II) in the second sentence, by 
                                inserting ``subject to clause (iii),'' 
                                after ``For each such year,'';
                          (iii) in clause (iii)--
                                    (I) in the heading, by striking 
                                ``2'' and inserting ``5''; and
                                    (II) in the first sentence, by 
                                striking ``two years'' and inserting 
                                ``five years''; and
                          (iv) by adding at the end the following new 
                      clause:
                          ``(iv) Additional special rule for third, 
                      fourth and fifth years of mips.-- 
                      <<NOTE: Determination.>> For purposes of 
                      determining MIPS adjustment factors under 
                      subparagraph (A), in addition to the requirements 
                      specified in clause (iii), the Secretary shall 
                      increase the performance threshold with respect to 
                      each of the third, fourth, and fifth years to 
                      which the MIPS applies to ensure a gradual and 
                      incremental transition to the performance 
                      threshold described in clause (i) (as estimated by 
                      the Secretary) with respect to the sixth year to 
                      which the MIPS applies.'';
                    (E) in paragraph (6)(E)--
                          (i) by striking ``In the case of items and 
                      services'' and inserting ``In the case of covered 
                      professional services (as defined in subsection 
                      (k)(3)(A))''; and
                          (ii) by striking ``under this part with 
                      respect to such items and services'' and inserting 
                      ``under this part with respect to such covered 
                      professional services''; and

[[Page 132 STAT. 295]]

                    (F) in paragraph (7), in the first sentence, by 
                striking ``items and services'' and inserting ``covered 
                professional services (as defined in subsection 
                (k)(3)(A))'';
            (2) in subsection (r)(2), by adding at the end the following 
        new subparagraph:
                    ``(I) <<NOTE: Deadline. Web 
                posting.>> Information.--The Secretary shall, not later 
                than December 31st of each year (beginning with 2018), 
                post on the Internet website of the Centers for Medicare 
                & Medicaid Services information on resource use measures 
                in use under subsection (q), resource use measures under 
                development and the time-frame for such development, 
                potential future resource use measure topics, a 
                description of stakeholder engagement, and the percent 
                of expenditures under part A and this part that are 
                covered by resource use measures.''; and
            (3) in subsection (s)(5)(B), by striking ``section 
        1833(z)(2)(C)'' and inserting ``section 1833(z)(3)(D)''.

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

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

[[Page 132 STAT. 296]]

SEC. 51005. EXTENSION OF BLENDED SITE NEUTRAL PAYMENT RATE FOR 
                            CERTAIN LONG-TERM CARE HOSPITAL 
                            DISCHARGES; TEMPORARY ADJUSTMENT TO 
                            SITE NEUTRAL PAYMENT RATES.

    (a) Extension.--Section 1886(m)(6)(B)(i) of the Social Security Act 
(42 U.S.C. 1395ww(m)(6)(B)(i)) is amended--
            (1) in subclause (I), by striking ``fiscal year 2016 or 
        fiscal year 2017'' and inserting ``fiscal years 2016 through 
        2019''; and
            (2) in subclause (II), by striking ``2018'' and inserting 
        ``2020''.

    (b) Temporary Adjustment to Site Neutral Payment Rates.--Section 
1886(m)(6)(B) of the Social Security Act (42 U.S.C. 1395ww(m)(6)(B)) is 
amended--
            (1) in clause (ii), in the matter preceding subclause (I), 
        by striking ``In this paragraph'' and inserting ``Subject to 
        clause (iv), in this paragraph''; and
            (2) by adding at the end the following new clause:
                          ``(iv) Adjustment.--For each of fiscal years 
                      2018 through 2026, the amount that would otherwise 
                      apply under clause (ii)(I) for the year 
                      (determined without regard to this clause) shall 
                      be reduced by 4.6 percent.''.
SEC. 51006. RECOGNITION OF ATTENDING PHYSICIAN ASSISTANTS AS 
                            ATTENDING PHYSICIANS TO SERVE HOSPICE 
                            PATIENTS.

    (a) Recognition of Attending Physician Assistants as Attending 
Physicians To Serve Hospice Patients.--
            (1) In general.--Section 1861(dd)(3)(B) of the Social 
        Security Act (42 U.S.C. 1395x(dd)(3)(B)) is amended--
                    (A) by striking ``or nurse'' and inserting ``, the 
                nurse''; and
                    (B) by inserting ``, or the physician assistant (as 
                defined in such subsection)'' after ``subsection 
                (aa)(5))''.
            (2) Clarification of hospice role of physician assistants.--
        Section 1814(a)(7)(A)(i)(I) of the Social Security Act (42 
        U.S.C. 1395f(a)(7)(A)(i)(I)) is amended by inserting ``or a 
        physician assistant'' after ``a nurse practitioner''.

    (b) <<NOTE: Applicability. 42 USC 1395f note.>> Effective Date.--The 
amendments made by this section shall apply to items and services 
furnished on or after January 1, 2019.
SEC. 51007. EXTENSION OF ENFORCEMENT INSTRUCTION ON SUPERVISION 
                            REQUIREMENTS FOR OUTPATIENT 
                            THERAPEUTIC SERVICES IN CRITICAL 
                            ACCESS AND SMALL RURAL HOSPITALS 
                            THROUGH 2017.

    Section 1 of Public Law 113-198, as amended by section 1 of Public 
Law 114-112 and section 16004(a) of the 21st Century Cures Act (Public 
Law 114-255), <<NOTE: 128 Stat. 2057.>>  is amended--
            (1) in the section heading, by striking ``2016'' and 
        inserting ``2017''; and
            (2) by striking ``and 2016'' and inserting ``2016, and 
        2017''.

[[Page 132 STAT. 297]]

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

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

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

    (c) <<NOTE: Applicability. 42 USC 1395x note.>> Effective Date.--The 
amendments made by this section shall apply to items and services 
furnished on or after January 1, 2024.
SEC. 51009. TRANSITIONAL PAYMENT RULES FOR CERTAIN RADIATION 
                            THERAPY SERVICES UNDER THE PHYSICIAN 
                            FEE SCHEDULE.

    Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is 
amended--
            (1) in subsection (b)(11), by striking ``2017 and 2018'' and 
        inserting ``2017, 2018, and 2019''; and
            (2) in subsection (c)(2)(K)(iv), by striking ``2017 and 
        2018'' and inserting ``2017, 2018, and 2019''.

[[Page 132 STAT. 298]]

          TITLE XI--PROTECTING SENIORS' ACCESS TO MEDICARE ACT

SEC. 52001. REPEAL OF THE INDEPENDENT PAYMENT ADVISORY BOARD.

    (a) Repeal.--Section 1899A of the Social Security Act (42 U.S.C. 
1395kkk) is repealed.
    (b) Conforming Amendments.--
            (1) Lobbying cooling-off period.--Paragraph (3) of section 
        207(c) of title 18, United States Code, is repealed.
            (2) GAO study and report.--Section 3403(b) of the Patient 
        Protection and Affordable Care Act (42 U.S.C. 1395kkk-1) is 
        repealed.
            (3) MedPAC review and comment.--Section 1805(b) of the 
        Social Security Act (42 U.S.C. 1395b-6(b)) is amended--
                    (A) by striking paragraph (4);
                    (B) by redesignating paragraphs (5) through (8) as 
                paragraphs (4) through (7), respectively; and
                    (C) by redesignating the paragraph (9) that was 
                redesignated by section 3403(c)(1) of the Patient 
                Protection and Affordable Care Act (Public Law 111-148) 
                as paragraph (8).
            (4) Name change.--Section 10320(b) of the Patient Protection 
        and Affordable Care Act (Public Law 111-148) <<NOTE: 42 USC 
        1395kkk note.>>  is repealed.
            (5) Rule of construction.--Section 10320(c) of the Patient 
        Protection and Affordable Care Act (Public Law 111-148) is 
        repealed.

                           TITLE XII--OFFSETS

SEC. 53101. MODIFYING REDUCTIONS IN MEDICAID DSH ALLOTMENTS.

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

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

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

[[Page 132 STAT. 299]]

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

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

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

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

[[Page 132 STAT. 300]]

SEC. 53103. <<NOTE: 42 USC 1396a note.>> TREATMENT OF LOTTERY 
                            WINNINGS AND OTHER LUMP-SUM INCOME FOR 
                            PURPOSES OF INCOME ELIGIBILITY UNDER 
                            MEDICAID.

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

[[Page 132 STAT. 301]]

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

    (b) <<NOTE: 42 USC 1396a note.>> Rules of Construction.--
            (1) Interception of lottery winnings allowed.--Nothing in 
        the amendment made by subsection (a)(2) shall be construed as 
        preventing a State from intercepting the State lottery winnings 
        awarded to an individual in the State to recover amounts paid by 
        the State under the State Medicaid plan under title XIX of the 
        Social Security Act (42 U.S.C. 1396 et seq.) for medical 
        assistance furnished to the individual.
            (2) Applicability limited to eligibility of recipient of 
        lottery winnings or lump sum income.--Nothing in the amendment 
        made by subsection (a)(2) shall be construed, with respect to a 
        determination of household income for purposes of a 
        determination of eligibility for medical assistance under the 
        State plan under title XIX of the Social Security Act (42 U.S.C. 
        1396 et seq.) (or a waiver of such plan) made by applying 
        modified adjusted gross income under subparagraph (A) of section 
        1902(e)(14) of such Act (42 U.S.C. 1396a(e)(14)), as limiting 
        the eligibility for such medical assistance of any individual 
        that is a member of the household other than the individual who 
        received qualified lottery winnings or qualified lump-sum

[[Page 132 STAT. 302]]

        income (as defined in subparagraph (K) of such section 
        1902(e)(14), as added by subsection (a)(2) of this section).
SEC. 53104. REBATE OBLIGATION WITH RESPECT TO LINE EXTENSION 
                            DRUGS.

    (a) In General.--Section 1927(c)(2)(C) of the Social Security Act 
(42 U.S.C. 1396r-8(c)(2)(C)) is amended by striking ``(C) treatment of 
new formulations.--In the case'' and all that follows through the period 
at the end of the first sentence and inserting the following:
                    ``(C) Treatment of new formulations.--
                          ``(i) In general.--In the case of a drug that 
                      is a line extension of a single source drug or an 
                      innovator multiple source drug that is an oral 
                      solid dosage form, the rebate obligation for a 
                      rebate period with respect to such drug under this 
                      subsection shall be the greater of the amount 
                      described in clause (ii) for such drug or the 
                      amount described in clause (iii) for such drug.
                          ``(ii) Amount 1.--For purposes of clause (i), 
                      the amount described in this clause with respect 
                      to a drug described in clause (i) and rebate 
                      period is the amount computed under paragraph (1) 
                      for such drug, increased by the amount computed 
                      under subparagraph (A) and, as applicable, 
                      subparagraph (B) for such drug and rebate period.
                          ``(iii) Amount 2.--For purposes of clause (i), 
                      the amount described in this clause with respect 
                      to a drug described in clause (i) and rebate 
                      period is the amount computed under paragraph (1) 
                      for such drug, increased by the product of--
                                    ``(I) the average manufacturer price 
                                for the rebate period of the line 
                                extension of a single source drug or an 
                                innovator multiple source drug that is 
                                an oral solid dosage form;
                                    ``(II) the highest additional rebate 
                                (calculated as a percentage of average 
                                manufacturer price) under this paragraph 
                                for the rebate period for any strength 
                                of the original single source drug or 
                                innovator multiple source drug; and
                                    ``(III) the total number of units of 
                                each dosage form and strength of the 
                                line extension product paid for under 
                                the State plan in the rebate period (as 
                                reported by the State).''.

    (b) <<NOTE: Applicability. 42 USC 1396r-8 note.>>  Effective Date.--
The amendments made subsection (a) shall apply with respect to rebate 
periods beginning on or after October 1, 2018.
SEC. 53105. MEDICAID IMPROVEMENT FUND.

    Section 1941(b) of the Social Security Act (42 U.S.C. 1396w-1(b)) is 
amended--
            (1) in paragraph (1), by striking ``$5,000,000'' and 
        inserting ``$0''; and
            (2) in paragraph (3)(A), by striking ``$980,000,000'' and 
        inserting ``$0''.

[[Page 132 STAT. 303]]

SEC. 53106. PHYSICIAN FEE SCHEDULE UPDATE.

    Section 1848(d)(18) of the Social Security Act (42 U.S.C. 1395w-
4(d)(18)) is amended by striking ``paragraph (1)(C)'' and all that 
follows and inserting the following: ``paragraph (1)(C)--
                    ``(A) for 2016 and each subsequent year through 2018 
                shall be 0.5 percent; and
                    ``(B) for 2019 shall be 0.25 percent.''.
SEC. 53107. PAYMENT FOR OUTPATIENT PHYSICAL THERAPY SERVICES AND 
                            OUTPATIENT OCCUPATIONAL THERAPY 
                            SERVICES FURNISHED BY A THERAPY 
                            ASSISTANT.

    Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended 
by adding at the end the following new subsection:
    ``(v) Payment for Outpatient Physical Therapy Services and 
Outpatient Occupational Therapy Services Furnished by a Therapy 
Assistant.--
            ``(1) <<NOTE: Time period.>> In general.--In the case of an 
        outpatient physical therapy service or outpatient occupational 
        therapy service furnished on or after January 1, 2022, for which 
        payment is made under section 1848 or subsection (k), that is 
        furnished in whole or in part by a therapy assistant (as defined 
        by the Secretary), the amount of payment for such service shall 
        be an amount equal to 85 percent of the amount of payment 
        otherwise applicable for the service under this part. Nothing in 
        the preceding sentence shall be construed to change applicable 
        requirements with respect to such services.
            ``(2) Use of modifier.--
                    
                ``(A) <<NOTE: Deadline.>>  <<NOTE: Notice. Regulation.>> 
                Establishment.--Not later than January 1, 2019, the 
                Secretary shall establish a modifier to indicate (in a 
                form and manner specified by the Secretary), in the case 
                of an outpatient physical therapy service or outpatient 
                occupational therapy service furnished in whole or in 
                part by a therapy assistant (as so defined), that the 
                service was furnished by a therapy assistant.
                    ``(B) Required use.--Each request for payment, or 
                bill submitted, for an outpatient physical therapy 
                service or outpatient occupational therapy service 
                furnished in whole or in part by a therapy assistant (as 
                so defined) on or after January 1, 2020, shall include 
                the modifier established under subparagraph (A) for each 
                such service.
            ``(3) <<NOTE: Notice. Regulation.>>  Implementation.--The 
        Secretary shall implement this subsection through notice and 
        comment rulemaking.''.
SEC. 53108. REDUCTION FOR NON-EMERGENCY ESRD AMBULANCE TRANSPORTS.

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

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

[[Page 132 STAT. 304]]

                    (B) by redesignating subclause (IV) as subclause 
                (V); and
                    (C) by inserting after subclause (III) the following 
                new subclause:
            ``(IV) for discharges occurring on or after October 1, 2018, 
        is provided hospice care by a hospice program; or''; and
            (2) in clause (iv)--
                    (A) by inserting after the first sentence the 
                following new sentence: ``The Secretary shall include in 
                the proposed rule published for fiscal year 2019, a 
                description of the effect of clause (ii)(IV).''; and
                    (B) in subclause (I), by striking ``and (III)'' and 
                inserting ``(III), and, in the case of proposed and 
                final rules for fiscal year 2019 and subsequent fiscal 
                years, (IV)''.

    (b) MedPAC Evaluation and Report.--
            (1) Evaluation.--The Medicare Payment Advisory Commission 
        (in this subsection referred to as the ``Commission'') shall 
        conduct an evaluation of the effects of the amendments made by 
        subsection (a), including the effects on--
                    (A) the numbers of discharges of patients from an 
                inpatient hospital setting to a hospice program;
                    (B) the lengths of stays of patients in an inpatient 
                hospital setting who are discharged to a hospice 
                program;
                    (C) spending under the Medicare program under title 
                XVIII of the Social Security Act; and
                    (D) other areas determined appropriate by the 
                Commission.
            (2) Consideration.--In conducting the evaluation under 
        paragraph (1), the Commission shall consider factors such as 
        whether the timely access to hospice care by patients admitted 
        to a hospital has been affected through changes to hospital 
        policies or behaviors made as a result of such amendments.
            (3) <<NOTE: Deadline.>>  Preliminary results.--Not later 
        than March 15, 2020, the Commission shall provide Congress with 
        preliminary results on the evaluation being conducted under 
        paragraph (1).
            (4) Report.--Not later than March 15, 2021, the Commission 
        shall submit to Congress a report on the evaluation conducted 
        under paragraph (1).
SEC. 53110. MEDICARE PAYMENT UPDATE FOR HOME HEALTH SERVICES.

    Section 1895(b)(3)(B) of the Social Security Act (42 U.S.C. 
1395fff(b)(3)(B)) is amended--
            (1) in clause (iii), in the last sentence, by inserting 
        before the period at the end the following: ``and for 2020 shall 
        be 1.5 percent''; and
            (2) in clause (vi), by inserting ``and 2020'' after ``except 
        2018''.
SEC. 53111. MEDICARE PAYMENT UPDATE FOR SKILLED NURSING 
                            FACILITIES.

    Section 1888(e)(5)(B) of the Social Security Act (42 U.S.C. 
1395yy(e)(5)(B)) is amended--
            (1) in clause (i), by striking ``and (iii)'' and inserting 
        ``, (iii), and (iv)'';
            (2) in clause (ii), by striking ``clause (iii)'' and 
        inserting ``clauses (iii) and (iv)''; and

[[Page 132 STAT. 305]]

            (3) by adding at the end the following new clause:
                          ``(iv) Special rule for fiscal year 2019.--For 
                      fiscal year 2019 (or other similar annual period 
                      specified in clause (i)), the skilled nursing 
                      facility market basket percentage, after 
                      application of clause (ii), is equal to 2.4 
                      percent.''.
SEC. 53112. PREVENTING THE ARTIFICIAL INFLATION OF STAR RATINGS 
                            AFTER THE CONSOLIDATION OF MEDICARE 
                            ADVANTAGE PLANS OFFERED BY THE SAME 
                            ORGANIZATION.

    Section 1853(o)(4) of the Social Security Act (42 U.S.C. 1395w-
23(o)(4)) is amended by adding at the end the following new 
subparagraph:
                    ``(D) Special rule to prevent the artificial 
                inflation of star ratings after the consolidation of 
                medicare advantage plans offered by a single 
                organization.--
                          ``(i) <<NOTE: Contracts.>> In general.--If--
                                    ``(I) a Medicare Advantage 
                                organization has entered into more than 
                                one contract with the Secretary with 
                                respect to the offering of Medicare 
                                Advantage plans; and
                                    ``(II) <<NOTE: Effective date.>> on 
                                or after January 1, 2019, the Secretary 
                                approves a request from the organization 
                                to consolidate the plans under one or 
                                more contract (in this subparagraph 
                                referred to as a `closed contract') with 
                                the plans offered under a separate 
                                contract (in this subparagraph referred 
                                to as the `continuing contract');
                      with respect to the continuing contract, the 
                      Secretary shall adjust the quality rating under 
                      the 5-star rating system and any quality increase 
                      under this subsection and rebate amounts under 
                      section 1854 to reflect an enrollment-weighted 
                      average of scores or ratings for the continuing 
                      and closed contracts, as determined appropriate by 
                      the Secretary.
                          ``(ii) Application.--An adjustment under 
                      clause (i) shall apply for any year for which the 
                      quality rating of the continuing contract is based 
                      primarily on a measurement period that is prior to 
                      the first year in which a closed contract is no 
                      longer offered.''.
SEC. 53113. SUNSETTING EXCLUSION OF BIOSIMILARS FROM MEDICARE PART 
                            D COVERAGE GAP DISCOUNT PROGRAM.

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

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

[[Page 132 STAT. 306]]

``If the modified adjusted gross income is:.......        The applicable
                                                          percentage is:
More than $85,000 but not more than $107,000......            35 percent
More than $107,000 but not more than $133,500.....            50 percent
More than $133,500 but not more than $160,000.....            65 percent
More than $160,000 but less than $500,000.........            80 percent
At least $500,000.................................        85 percent.''.
 

''.    (b) Joint Returns.--Section 1839(i)(3)(C)(ii) of the Social 
Security Act (42 U.S.C. 1395r(i)(3)(C)(ii)) is amended by inserting 
before the period the following: <<NOTE: Applicability.>>  ``except, 
with respect to the dollar amounts applied in the last row of the table 
under subclause (III) of such clause (and the second dollar amount 
specified in the second to last row of such table), clause (i) shall be 
applied by substituting dollar amounts which are 150 percent of such 
dollar amounts for the calendar year''.

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

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

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

[[Page 132 STAT. 307]]

                                            ``(aa) the applicable gap 
                                        percentage (specified in clause 
                                        (ii) for the year); and
                                            ``(bb) the discount 
                                        percentage specified in section 
                                        1860D-14A(g)(4)(A) for such 
                                        applicable drugs (or, in the 
                                        case of a year after 2018, 50 
                                        percent); or''; and
            (2) in clause (ii)--
                    (A) in subclause (IV), by adding ``and'' at the end;
                    (B) by striking subclause (V); and
                    (C) in subclause (VI)--
                          (i) by striking ``2020'' and inserting 
                      ``2019''; and
                          (ii) by redesignating such subclause as 
                      subclause (V).

    (b) Lowering Discounted Price.--Section 1860D-14A(g)(4)(A) of the 
Social Security Act (42 U.S.C. 1395w-114a(g)(4)(A)) is amended by 
inserting ``(or, with respect to a plan year after plan year 2018, 30 
percent)'' after ``50 percent''.
SEC. 53117. MODERNIZING CHILD SUPPORT ENFORCEMENT FEES.

    (a) In General.--Section 454(6)(B)(ii) of the Social Security Act 
(42 U.S.C. 654(6)(B)(ii)) is amended--
            (1) by striking ``$25'' and inserting ``$35''; and
            (2) by striking ``$500'' each place it appears and inserting 
        ``$550''.

    (b) <<NOTE: 42 USC 654 note.>>  Effective Date.--
            (1) <<NOTE: Applicability.>> In general.--The amendments 
        made by subsection (a) shall take effect on the 1st day of the 
        1st fiscal year that begins on or after the date of the 
        enactment of this Act, and shall apply to payments under part D 
        of title IV of the Social Security Act (42 U.S.C. 651 et seq.) 
        for calendar quarters beginning on or after such 1st day.
            (2) <<NOTE: Determination.>> Delay permitted if state 
        legislation required.--If the Secretary of Health and Human 
        Services determines that State legislation (other than 
        legislation appropriating funds) is required in order for a 
        State plan developed pursuant to part D of title IV of the 
        Social Security Act (42 U.S.C. 651 et seq.) to meet the 
        requirements imposed by the amendment made by subsection (a), 
        the plan shall not be regarded as failing to meet such 
        requirements before the 1st day of the 1st calendar quarter 
        beginning after the first regular session of the State 
        legislature that begins after the date of the enactment of this 
        Act. <<NOTE: Time period.>>  For purposes of the preceding 
        sentence, if the State has a 2-year legislative session, each 
        year of the session is deemed to be a separate regular session 
        of the State legislature.
SEC. 53118. INCREASING EFFICIENCY OF PRISON DATA REPORTING.

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

[[Page 132 STAT. 308]]

SEC. 53119. PREVENTION AND PUBLIC HEALTH FUND.

    Section 4002(b) of the Patient Protection and Affordable Care Act 
(42 U.S.C. 300u-11(b)), as amended by section 3103 of Public Law 115-96, 
is amended by striking paragraphs (4) through (9) and inserting the 
following:
            ``(4) for fiscal year 2019, $900,000,000;
            ``(5) for each of fiscal years 2020 and 2021, $950,000,000;
            ``(6) for each of fiscal years 2022 and 2023, 
        $1,000,000,000;
            ``(7) for each of fiscal years 2024 and 2025, 
        $1,300,000,000;
            ``(8) for each of fiscal years 2026 and 2027, 
        $1,800,000,000; and
            ``(9) for fiscal year 2028 and each fiscal year thereafter, 
        $2,000,000,000.''.

DIVISION F-- <<NOTE: Improvements to Agriculture Programs Act of 2018. 7 
USC 9011 note.>> IMPROVEMENTS TO AGRICULTURE PROGRAMS

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

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

[[Page 132 STAT. 309]]

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

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

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

[[Page 132 STAT. 310]]

        subsection (a) to reflect the designation of seed cotton as a 
        covered commodity for that crop year under section 1111(6)(B).
            ``(2) Effect of failure to make unanimous election.--If all 
        the producers on a farm fail to make a unanimous election under 
        paragraph (1), the producers on the farm shall be deemed to have 
        elected price loss coverage under section 1116 for acres 
        allocated on the farm to seed cotton.''.
            (8) Effective price.--Section 1116 of the Agricultural Act 
        of 2014 (7 U.S.C. 9016) is amended by adding at the end the 
        following:

    ``(h) Effective Price for Seed Cotton.--
            ``(1) In general.--The effective price for seed cotton under 
        subsection (b) shall be equal to the marketing year average 
        price for seed cotton, as calculated under paragraph (2).
            ``(2) Calculation.--The marketing year average price for 
        seed cotton for a crop year shall be equal to the quotient 
        obtained by dividing--
                    ``(A) the sum obtained by adding--
                          ``(i) the product obtained by multiplying--
                                    ``(I) the upland cotton lint 
                                marketing year average price; and
                                    ``(II) the total United States 
                                upland cotton lint production, measured 
                                in pounds; and
                          ``(ii) the product obtained by multiplying--
                                    ``(I) the cottonseed marketing year 
                                average price; and
                                    ``(II) the total United States 
                                cottonseed production, measured in 
                                pounds; by
                    ``(B) the sum obtained by adding--
                          ``(i) the total United States upland cotton 
                      lint production, measured in pounds; and
                          ``(ii) the total United States cottonseed 
                      production, measured in pounds.''.
            (9) Deemed loan rate for seed cotton.--Section 1202 of the 
        Agricultural Act of 2014 (7 U.S.C. 9032) is amended by adding at 
        the end the following:

    ``(c) Seed Cotton.--
            ``(1) In general.--For purposes of section 1116(b)(2) and 
        paragraphs (1)(B)(ii) and (2)(A)(ii)(II) of section 1117(b), the 
        loan rate for seed cotton shall be deemed to be equal to $0.25 
        per pound.
            ``(2) Effect.--Nothing in this subsection authorizes any 
        nonrecourse marketing assistance loan under this subtitle for 
        seed cotton.''.
            (10) Limitation on stacked income protection plan for 
        producers of upland cotton.--Section 508B of the Federal Crop 
        Insurance Act (7 U.S.C. 1508b) is amended by adding at the end 
        the following:

    ``(f) <<NOTE: Effective date.>>  Limitation.--Effective beginning 
with the 2019 crop year, a farm shall not be eligible for the Stacked 
Income Protection Plan for upland cotton for a crop year for which the 
farm is enrolled in coverage for seed cotton under--
            ``(1) price loss coverage under section 1116 of the 
        Agricultural Act of 2014 (7 U.S.C. 9016); or
            ``(2) agriculture risk coverage under section 1117 of that 
        Act (7 U.S.C. 9017).''.

[[Page 132 STAT. 311]]

            (11) Technical correction.--Section 1114(b)(2) of the 
        Agricultural Act of 2014 (7 U.S.C. 9014(b)(2)) is amended by 
        striking ``paragraphs (1)(B) and (2)(B)'' and inserting 
        ``paragraphs (1) and (2)''.
            (12) <<NOTE: 7 USC 9011 note.>>  Administration.--The 
        Secretary of Agriculture shall carry out the amendments made by 
        this subsection in accordance with section 1601 of the 
        Agricultural Act of 2014 (7 U.S.C. 9091).
            (13) <<NOTE: Applicability. Effective date. 7 USC 9011 
        note.>> Application.--Except as provided in paragraph (10), the 
        amendments made by this subsection shall apply beginning with 
        the 2018 crop year.

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

[[Page 132 STAT. 312]]

            ``(3) Continued applicability of base production history.--A 
        production history established for a dairy operation under 
        paragraph (1) shall be the base production history for the dairy 
        operation in subsequent years (as adjusted under paragraph 
        (2)).''.
            (4) Premiums for margin protection program.--Section 1407 of 
        the Agricultural Act of 2014 (7 U.S.C. 9057) is amended--
                    (A) in subsection (b)--
                          (i) by striking the subsection heading and 
                      inserting the following: ``Tier I: Premium Per 
                      Hundredweight for First 5,000,000 Pounds of 
                      Production.--'';
                          (ii) in paragraph (1), by striking 
                      ``4,000,000'' and inserting ``5,000,000''; and
                          (iii) in paragraph (2)--
                                    (I) by striking ``$0.010'' and 
                                inserting ``None'';
                                    (II) by striking ``$0.025'' and 
                                inserting ``None'';
                                    (III) by striking ``$0.040'' and 
                                inserting ``$0.009'';
                                    (IV) by striking ``$0.055'' and 
                                inserting ``$0.016'';
                                    (V) by striking ``$0.090'' and 
                                inserting ``$0.040'';
                                    (VI) by striking ``$0.217'' and 
                                inserting ``$0.063'';
                                    (VII) by striking ``$0.300'' and 
                                inserting ``$0.087''; and
                                    (VIII) by striking ``$0.475'' and 
                                inserting ``$0.142''; and
                    (B) in subsection (c)--
                          (i) by striking the subsection heading and 
                      inserting the following: ``Tier II: Premium Per 
                      Hundredweight for Production in Excess of 
                      5,000,000 Pounds.--''; and
                          (ii) in paragraph (1), by striking 
                      ``4,000,000'' and inserting ``5,000,000''.
            (5) <<NOTE: 7 USC 9051 note.>> Application.--The amendments 
        made by this subsection shall apply beginning with the 2018 
        calendar year.

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

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

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

[[Page 132 STAT. 313]]

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

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

                      DIVISION G--BUDGETARY EFFECTS

SEC. 70101. BUDGETARY EFFECTS.

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

    Approved February 9, 2018.

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

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

                                  <all>
```