H. R. 5297—91 
(B) RECOMMENDATIONS.—With respect to any defi-
ciencies identified in a report under subparagraph (A), 
the Secretary shall either— 
(i) take actions to address such deficiencies; or 
(ii) certify to the appropriate committees of Con-
gress that no action is necessary or appropriate. 
(4) COORDINATION.—The Inspector General, in maximizing 
the effectiveness of the Office, shall work with other Offices 
of Inspector General, as appropriate, to minimize duplication 
of effort and ensure comprehensive oversight of the Program. 
(5) TERMINATION.—The Office shall terminate at the end 
of the 6-month period beginning on the date on which all 
capital investments are repaid under the Program or the date 
on which the Secretary determines that any remaining capital 
investments will not be repaid. 
(6) DEFINITIONS.—For purposes of this subsection: 
(A) OFFICE.—The term ‘‘Office’’ means the Office of 
Small Business Lending Fund Program Oversight estab-
lished under paragraph (1). 
(B) INSPECTOR GENERAL.—The term ‘‘Inspector Gen-
eral’’ means the Inspector General of the Department of 
the Treasury. 
(c) GAO AUDIT.—The Comptroller General of the United States 
shall perform an annual audit of the Program and issue a report 
to the appropriate committees of Congress containing the results 
of such audit. 
(d) REQUIRED CERTIFICATIONS.— 
(1) ELIGIBLE
INSTITUTION
CERTIFICATION.—Each eligible 
institution that participates in the Program must certify that 
such institution is in compliance with the requirements of 
section 103.121 of title 31, Code of Federal Regulations, a 
regulation that, at a minimum, requires financial institutions, 
as that term is defined in 31 U.S.C. 5312(a)(2) and (c)(1)(A), 
to implement reasonable procedures to verify the identity of 
any person seeking to open an account, to the extent reasonable 
and practicable, maintain records of the information used to 
verify the person’s identity, and determine whether the person 
appears on any lists of known or suspected terrorists or terrorist 
organizations provided to the financial institution by any 
government agency. 
(2) LOAN RECIPIENTS.—With respect to funds received by 
an eligible institution under the Program, any business 
receiving a loan from the eligible institution using such funds 
after the date of the enactment of this Act shall certify to 
such eligible institution that the principals of such business 
have not been convicted of a sex offense against a minor (as 
such terms are defined in section 111 of the Sex Offender 
Registration and Notification Act (42 U.S.C. 16911)). 
(e) PROHIBITION ON PORNOGRAPHY.—None of the funds made 
available under this subtitle may be used to pay the salary of 
any individual engaged in activities related to the Program who 
has been officially disciplined for violations of subpart G of the 
Standards of Ethical Conduct for Employees of the Executive 
Branch for viewing, downloading, or exchanging pornography, 
including child pornography, on a Federal Government computer 
or while performing official Federal Government duties.
H. R. 5297—92 
SEC. 4108. CREDIT REFORM; FUNDING. 
(a) CREDIT REFORM.—The cost of purchases of preferred stock 
and other financial instruments made as capital investments under 
this subtitle shall be determined as provided under the Federal 
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 
(b) FUNDS MADE AVAILABLE.—There are hereby appropriated, 
out of funds in the Treasury not otherwise appropriated, such 
sums as may be necessary to pay the costs of $30,000,000,000 
of capital investments in eligible institutions, including the costs 
of modifying such investments, and reasonable costs of admin-
istering the program of making, holding, managing, and selling 
the capital investments. 
SEC. 4109. TERMINATION AND CONTINUATION OF AUTHORITIES. 
(a) TERMINATION OF INVESTMENT AUTHORITY.—The authority 
to make capital investments in eligible institutions, including 
commitments to purchase preferred stock or other instruments, 
provided under this subtitle shall terminate 1 year after the date 
of enactment of this Act. 
(b) CONTINUATION
OF OTHER AUTHORITIES.—The authorities 
of the Secretary under section 4104 shall not be limited by the 
termination date in subsection (a). 
SEC. 4110. PRESERVATION OF AUTHORITY. 
Nothing in this subtitle may be construed to limit the authority 
of the Secretary under any other provision of law. 
SEC. 4111. ASSURANCES. 
(a) SMALL BUSINESS LENDING FUND SEPARATE FROM TARP.— 
The Small Business Lending Fund Program is established as sepa-
rate and distinct from the Troubled Asset Relief Program estab-
lished by the Emergency Economic Stabilization Act of 2008. An 
institution shall not, by virtue of a capital investment under the 
Small Business Lending Fund Program, be considered a recipient 
of the Troubled Asset Relief Program. 
(b) CHANGE IN LAW.—If, after a capital investment has been 
made in an eligible institution under the Program, there is a 
change in law that modifies the terms of the investment or program 
in a materially adverse respect for the eligible institution, the 
eligible institution may, after consultation with the appropriate 
Federal banking agency for the eligible institution, repay the invest-
ment without impediment. 
SEC. 4112. STUDY AND REPORT WITH RESPECT TO WOMEN-OWNED, 
VETERAN-OWNED, AND MINORITY-OWNED BUSINESSES. 
(a) STUDY.—The Secretary shall conduct a study of the impact 
of the Program on women-owned businesses, veteran-owned 
businesses, and minority-owned businesses. 
(b) REPORT.—Not later than one year after the date of enact-
ment of this Act, the Secretary shall submit to Congress a report 
on the results of the study conducted pursuant to subsection (a). 
To the extent possible, the Secretary shall disaggregate the results 
of such study by ethnic group and gender. 
(c) INFORMATION
PROVIDED
TO
THE
SECRETARY.—Eligible 
institutions that participate in the Program shall provide the Sec-
retary with such information as the Secretary may require to carry 
out the study required by this section.
H. R. 5297—93 
SEC. 4113. SENSE OF CONGRESS. 
It is the sense of Congress that the Federal Deposit Insurance 
Corporation and other bank regulators are sending mixed messages 
to banks regarding regulatory capital requirements and lending 
standards, which is a contributing cause of decreased small business 
lending and increased regulatory uncertainty at community banks. 
Subtitle B—Other Provisions 
PART I—SMALL BUSINESS EXPORT 
PROMOTION INITIATIVES 
SEC. 4221. SHORT TITLE. 
This part may be cited as the ‘‘Export Promotion Act of 2010’’. 
SEC. 4222. GLOBAL BUSINESS DEVELOPMENT AND PROMOTION ACTIVI-
TIES OF THE DEPARTMENT OF COMMERCE. 
(a) INCREASE IN EMPLOYEES WITH RESPONSIBILITY FOR GLOBAL 
BUSINESS DEVELOPMENT AND PROMOTION ACTIVITIES.— 
(1) IN GENERAL.—During the 24-month period beginning 
on the date of the enactment of this Act, the Secretary of 
Commerce shall increase the number of full-time departmental 
employees whose primary responsibilities involve promoting or 
facilitating participation by United States businesses in the 
global marketplace and facilitating the entry into, or expansion 
of, such participation by United States businesses. In carrying 
out this subsection, the Secretary shall ensure that— 
(A) the cohort of such employees is increased by not 
less than 80 persons; and 
(B) a substantial portion of the increased cohort is 
stationed outside the United States. 
(2) ENHANCED
FOCUS
ON
UNITED
STATES
SMALL- AND 
MEDIUM-SIZED
BUSINESSES.—In carrying out this subsection, 
the Secretary shall take such action as may be necessary to 
ensure that the activities of the Department of Commerce 
relating to promoting and facilitating participation by United 
States businesses in the global marketplace include promoting 
and facilitating such participation by small and medium-sized 
businesses in the United States. 
(3) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to the Secretary for each of the fiscal 
years 2011 and 2012 such sums as may be necessary to carry 
out this section. 
(b) ADDITIONAL FUNDING FOR GLOBAL BUSINESS DEVELOPMENT 
AND PROMOTION ACTIVITIES OF THE DEPARTMENT OF COMMERCE.— 
(1) IN GENERAL.—There are authorized to be appropriated 
to the Secretary of Commerce for the period beginning on 
the date of the enactment of this Act and ending 18 months 
thereafter, $30,000,000 to promote or facilitate participation 
by United States businesses in the global marketplace and 
facilitating the entry into, or expansion of, such participation 
by United States businesses. 
(2) REQUIREMENTS.—In obligating and expending the funds 
authorized to be appropriated by paragraph (1), the Secretary 
of Commerce shall give preference to activities that—
H. R. 5297—94 
(A) assist small- and medium-sized businesses in the 
United States; and 
(B) the Secretary determines will create or sustain 
the greatest number of jobs in the United States and obtain 
the maximum return on investment. 
SEC. 4223. ADDITIONAL FUNDING TO IMPROVE ACCESS TO GLOBAL 
MARKETS FOR RURAL BUSINESSES. 
(a) IN GENERAL.—There are authorized to be appropriated to 
the Secretary of Commerce $5,000,000 for each of the fiscal years 
2011 and 2012 for improving access to the global marketplace 
for goods and services provided by rural businesses in the United 
States. 
(b) REQUIREMENTS.—In obligating and expending the funds 
authorized to be appropriated by subsection (a), the Secretary of 
Commerce shall give preference to activities that— 
(1) assist small- and medium-sized businesses in the United 
States; and 
(2) the Secretary determines will create or sustain the 
greatest number of jobs in the United States and obtain the 
maximum return on investment. 
SEC. 4224. ADDITIONAL FUNDING FOR THE EXPORTECH PROGRAM. 
(a) IN GENERAL.—There are authorized to be appropriated to 
the Secretary of Commerce $11,000,000 for the period beginning 
on the date of the enactment of this Act and ending 18 months 
thereafter, to expand ExporTech, a joint program of the Hollings 
Manufacturing Partnership Program and the Export Assistance 
Centers of the Department of Commerce. 
(b) REQUIREMENTS.—In obligating and expending the funds 
authorized to be appropriated by subsection (a), the Secretary of 
Commerce shall give preference to activities that— 
(1) assist small- and medium-sized businesses in the United 
States; and 
(2) the Secretary determines will create or sustain the 
greatest number of jobs in the United States and obtain the 
maximum return on investment. 
SEC. 4225. ADDITIONAL FUNDING FOR THE MARKET DEVELOPMENT 
COOPERATOR PROGRAM OF THE DEPARTMENT OF COM-
MERCE. 
(a) IN GENERAL.—There are authorized to be appropriated to 
the Secretary of Commerce for the period beginning on the date 
of the enactment of this Act and ending 18 months thereafter, 
$15,000,000 for the Manufacturing and Services unit of the Inter-
national Trade Administration— 
(1) to establish public-private partnerships under the 
Market Development Cooperator Program of the International 
Trade Administration; and 
(2) to underwrite a portion of the start-up costs for new 
projects carried out under that Program to strengthen the 
competitiveness and market share of United States industry, 
not to exceed, for each such project, the lesser of— 
(A) 1⁄3 of the total start-up costs for the project; or 
(B) $500,000. 
(b) REQUIREMENTS.—In obligating and expending the funds 
authorized to be appropriated by subsection (a), the Secretary of 
Commerce shall give preference to activities that—
H. R. 5297—95 
(1) assist small- and medium-sized businesses in the United 
States; and 
(2) the Secretary determines will create or sustain the 
greatest number of jobs in the United States and obtain the 
maximum return on investment. 
SEC. 4226. HOLLINGS MANUFACTURING PARTNERSHIP PROGRAM; 
TECHNOLOGY INNOVATION PROGRAM. 
(a) HOLLINGS MANUFACTURING PARTNERSHIP PROGRAM.—Sec-
tion 25(f) of the National Institute of Standards and Technology 
Act (15 U.S.C. 278k(f)) is amended by adding at the end the fol-
lowing: 
‘‘(7) GLOBAL MARKETPLACE PROJECTS.—In making awards 
under this subsection, the Director, in consultation with the 
Manufacturing Extension Partnership Advisory Board and the 
Secretary of Commerce, may— 
‘‘(A) take into consideration whether an application 
has significant potential for enhancing the competitiveness 
of small and medium-sized United States manufacturers 
in the global marketplace; and 
‘‘(B) give a preference to applications for such projects 
to the extent the Director deems appropriate, taking into 
account the broader purposes of this subsection.’’. 
(b) TECHNOLOGY INNOVATION PROGRAM.—In awarding grants, 
cooperative agreements, or contracts under section 28 of the 
National Institute of Standards and Technology Act (15 U.S.C. 
278n), in addition to the award criteria set forth in subsection 
(c) of that section, the Director of the National Institute of Stand-
ards and Technology may take into consideration whether an 
application has significant potential for enhancing the competitive-
ness of small- and medium-sized businesses in the United States 
in the global marketplace. The Director shall consult with the 
Technology Innovation Program Advisory Board and the Secretary 
of Commerce in implementing this subsection. 
SEC. 
4227. 
SENSE 
OF 
THE 
SENATE 
CONCERNING 
FEDERAL 
COLLABORATION WITH STATES ON EXPORT PROMOTION 
ISSUES. 
It is the sense of the Senate that the Secretary of Commerce 
should enhance Federal collaboration with the States on export 
promotion issues by— 
(1) providing the necessary training to the staff at State 
international trade agencies to enable them to assist the United 
States and Foreign Commercial Service (established by section 
2301 of the Export Enhancement Act of 1988 (15 U.S.C. 4721)) 
in providing counseling and other export services to businesses 
in their communities; and 
(2) entering into agreements with State international trade 
agencies for those agencies to deliver export promotion services 
in their local communities in order to extend the outreach 
of United States and Foreign Commercial Service programs. 
SEC. 4228. REPORT ON TARIFF AND NONTARIFF BARRIERS. 
Not later than 90 days after the date of the enactment of 
this Act, the Secretary of Commerce, in consultation with the United 
States Trade Representative and other appropriate entities, shall 
report to Congress on the tariff and nontariff barriers imposed 
by Colombia, the Republic of Korea, and Panama with respect
H. R. 5297—96 
to exports of articles from the United States, including articles 
exported or produced by small- and medium-sized businesses in 
the United States. 
PART II—MEDICARE FRAUD 
SEC. 4241. USE OF PREDICTIVE MODELING AND OTHER ANALYTICS 
TECHNOLOGIES TO IDENTIFY AND PREVENT WASTE, 
FRAUD, AND ABUSE IN THE MEDICARE FEE-FOR-SERVICE 
PROGRAM. 
(a) USE IN THE MEDICARE FEE-FOR-SERVICE PROGRAM.—The 
Secretary shall use predictive modeling and other analytics tech-
nologies (in this section referred to as ‘‘predictive analytics tech-
nologies’’) to identify improper claims for reimbursement and to 
prevent the payment of such claims under the Medicare fee-for- 
service program. 
(b) PREDICTIVE ANALYTICS TECHNOLOGIES REQUIREMENTS.—The 
predictive analytics technologies used by the Secretary shall— 
(1) capture Medicare provider and Medicare beneficiary 
activities across the Medicare fee-for-service program to provide 
a comprehensive view across all providers, beneficiaries, and 
geographies within such program in order to— 
(A) identify and analyze Medicare provider networks, 
provider billing patterns, and beneficiary utilization pat-
terns; and 
(B) identify and detect any such patterns and networks 
that represent a high risk of fraudulent activity; 
(2) be integrated into the existing Medicare fee-for-service 
program claims flow with minimal effort and maximum effi-
ciency; 
(3) be able to— 
(A) analyze large data sets for unusual or suspicious 
patterns or anomalies or contain other factors that are 
linked to the occurrence of waste, fraud, or abuse; 
(B) undertake such analysis before payment is made; 
and 
(C) prioritize such identified transactions for additional 
review before payment is made in terms of the likelihood 
of potential waste, fraud, and abuse to more efficiently 
utilize investigative resources; 
(4) capture outcome information on adjudicated claims for 
reimbursement to allow for refinement and enhancement of 
the predictive analytics technologies on the basis of such out-
come information, including post-payment information about 
the eventual status of a claim; and 
(5) prevent the payment of claims for reimbursement that 
have been identified as potentially wasteful, fraudulent, or 
abusive until such time as the claims have been verified as 
valid. 
(c) IMPLEMENTATION REQUIREMENTS.— 
(1) REQUEST FOR PROPOSALS.—Not later than January 1, 
2011, the Secretary shall issue a request for proposals to carry 
out this section during the first year of implementation. To 
the extent the Secretary determines appropriate— 
(A) the initial request for proposals may include subse-
quent implementation years; and
H. R. 5297—97 
(B) the Secretary may issue additional requests for 
proposals with respect to subsequent implementation years. 
(2) FIRST IMPLEMENTATION YEAR.—The initial request for 
proposals issued under paragraph (1) shall require the contrac-
tors selected to commence using predictive analytics tech-
nologies on July 1, 2011, in the 10 States identified by the 
Secretary as having the highest risk of waste, fraud, or abuse 
in the Medicare fee-for-service program. 
(3) SECOND IMPLEMENTATION YEAR.—Based on the results 
of the report and recommendation required under subsection 
(e)(1)(B), the Secretary shall expand the use of predictive ana-
lytics technologies on October 1, 2012, to apply to an additional 
10 States identified by the Secretary as having the highest 
risk of waste, fraud, or abuse in the Medicare fee-for-service 
program, after the States identified under paragraph (2). 
(4) THIRD IMPLEMENTATION YEAR.—Based on the results 
of the report and recommendation required under subsection 
(e)(2), the Secretary shall expand the use of predictive analytics 
technologies on January 1, 2014, to apply to the Medicare 
fee-for-service program in any State not identified under para-
graph (2) or (3) and the commonwealths and territories. 
(5) FOURTH IMPLEMENTATION YEAR.—Based on the results 
of the report and recommendation required under subsection 
(e)(3), the Secretary shall expand the use of predictive analytics 
technologies, beginning April 1, 2015, to apply to Medicaid 
and CHIP. To the extent the Secretary determines appropriate, 
such expansion may be made on a phased-in basis. 
(6) OPTION
FOR
REFINEMENT
AND
EVALUATION.—If, with 
respect to the first, second, or third implementation year, the 
Inspector General of the Department of Health and Human 
Services certifies as part of the report required under subsection 
(e) for that year no or only nominal actual savings to the 
Medicare fee-for-service program, the Secretary may impose 
a moratorium, not to exceed 12 months, on the expansion 
of the use of predictive analytics technologies under this section 
for the succeeding year in order to refine the use of predictive 
analytics technologies to achieve more than nominal savings 
before further expansion. If a moratorium is imposed in accord-
ance with this paragraph, the implementation dates applicable 
for the succeeding year or years shall be adjusted to reflect 
the length of the moratorium period. 
(d) CONTRACTOR SELECTION, QUALIFICATIONS, AND DATA ACCESS 
REQUIREMENTS.— 
(1) SELECTION.— 
(A) IN GENERAL.—The Secretary shall select contractors 
to carry out this section using competitive procedures as 
provided for in the Federal Acquisition Regulation. 
(B) NUMBER
OF
CONTRACTORS.—The Secretary shall 
select at least 2 contractors to carry out this section with 
respect to any year. 
(2) QUALIFICATIONS.— 
(A) IN GENERAL.—The Secretary shall enter into a con-
tract under this section with an entity only if the entity— 
(i) has leadership and staff who—
H. R. 5297—98 
(I) have the appropriate clinical knowledge of, 
and experience with, the payment rules and regu-
lations under the Medicare fee-for-service program; 
and 
(II) have direct management experience and 
proficiency utilizing predictive analytics tech-
nologies necessary to carry out the requirements 
under subsection (b); or 
(ii) has a contract, or will enter into a contract, 
with another entity that has leadership and staff 
meeting the criteria described in clause (i). 
(B) CONFLICT OF INTEREST.—The Secretary may only 
enter into a contract under this section with an entity 
to the extent that the entity complies with such conflict 
of interest standards as are generally applicable to Federal 
acquisition and procurement. 
(3) DATA ACCESS.—The Secretary shall provide entities with 
a contract under this section with appropriate access to data 
necessary for the entity to use predictive analytics technologies 
in accordance with the contract. 
(e) REPORTING REQUIREMENTS.— 
(1) FIRST IMPLEMENTATION YEAR REPORT.—Not later than 
3 months after the completion of the first implementation year 
under this section, the Secretary shall submit to the appropriate 
committees of Congress and make available to the public a 
report that includes the following: 
(A) A description of the implementation of the use 
of predictive analytics technologies during the year. 
(B) A certification of the Inspector General of the 
Department of Health and Human Services that— 
(i) specifies the actual and projected savings to 
the Medicare fee-for-service program as a result of 
the use of predictive analytics technologies, including 
estimates of the amounts of such savings with respect 
to both improper payments recovered and improper 
payments avoided; 
(ii) the actual and projected savings to the Medi-
care fee-for-service program as a result of such use 
of predictive analytics technologies relative to the 
return on investment for the use of such technologies 
and in comparison to other strategies or technologies 
used to prevent and detect fraud, waste, and abuse 
in the Medicare fee-for-service program; and 
(iii) includes recommendations regarding— 
(I) whether the Secretary should continue to 
use predictive analytics technologies; 
(II) whether the use of such technologies 
should be expanded in accordance with the require-
ments of subsection (c); and 
(III) any modifications or refinements that 
should be made to increase the amount of actual 
or projected savings or mitigate any adverse 
impact on Medicare beneficiaries or providers. 
(C) An analysis of the extent to which the use of 
predictive analytics technologies successfully prevented and 
detected waste, fraud, or abuse in the Medicare fee-for- 
service program.
H. R. 5297—99 
(D) A review of whether the predictive analytics tech-
nologies affected access to, or the quality of, items and 
services furnished to Medicare beneficiaries. 
(E) A review of what effect, if any, the use of predictive 
analytics technologies had on Medicare providers. 
(F) Any other items determined appropriate by the 
Secretary. 
(2) SECOND YEAR IMPLEMENTATION REPORT.—Not later than 
3 months after the completion of the second implementation 
year under this section, the Secretary shall submit to the 
appropriate committees of Congress and make available to the 
public a report that includes, with respect to such year, the 
items required under paragraph (1) as well as any other addi-
tional items determined appropriate by the Secretary with 
respect to the report for such year. 
(3) THIRD YEAR IMPLEMENTATION REPORT.—Not later than 
3 months after the completion of the third implementation 
year under this section, the Secretary shall submit to the 
appropriate committees of Congress, and make available to 
the public, a report that includes with respect to such year, 
the items required under paragraph (1), as well as any other 
additional items determined appropriate by the Secretary with 
respect to the report for such year, and the following: 
(A) An analysis of the cost-effectiveness and feasibility 
of expanding the use of predictive analytics technologies 
to Medicaid and CHIP. 
(B) An analysis of the effect, if any, the application 
of predictive analytics technologies to claims under Med-
icaid and CHIP would have on States and the common-
wealths and territories. 
(C) Recommendations regarding the extent to which 
technical assistance may be necessary to expand the 
application of predictive analytics technologies to claims 
under Medicaid and CHIP, and the type of any such assist-
ance. 
(f) INDEPENDENT EVALUATION AND REPORT.— 
(1) EVALUATION.—Upon completion of the first year in 
which predictive analytics technologies are used with respect 
to claims under Medicaid and CHIP, the Secretary shall, by 
grant, contract, or interagency agreement, conduct an inde-
pendent evaluation of the use of predictive analytics tech-
nologies under the Medicare fee-for-service program and Med-
icaid and CHIP. The evaluation shall include an analysis with 
respect to each such program of the items required for the 
third year implementation report under subsection (e)(3). 
(2) REPORT.—Not later than 18 months after the evaluation 
required under paragraph (1) is initiated, the Secretary shall 
submit a report to Congress on the evaluation that shall include 
the results of the evaluation, the Secretary’s response to such 
results and, to the extent the Secretary determines appropriate, 
recommendations for legislation or administrative actions. 
(g) WAIVER AUTHORITY.—The Secretary may waive such provi-
sions of titles XI, XVIII, XIX, and XXI of the Social Security Act, 
including applicable prompt payment requirements under titles 
XVIII and XIX of such Act, as the Secretary determines to be 
appropriate to carry out this section. 
(h) FUNDING.—
H. R. 5297—100 
(1) APPROPRIATION.—Out of any funds in the Treasury 
not otherwise appropriated, there is appropriated to the Sec-
retary to carry out this section, $100,000,000 for the period 
beginning January 1, 2011, to remain available until expended. 
(2) RESERVATIONS.— 
(A) INDEPENDENT
EVALUATION.—The Secretary shall 
reserve not more than 5 percent of the funds appropriated 
under paragraph (1) for purposes of conducting the inde-
pendent evaluation required under subsection (f). 
(B) APPLICATION
TO
MEDICAID
AND
CHIP.—The Sec-
retary shall reserve such portion of the funds appropriated 
under paragraph (1) as the Secretary determines appro-
priate for purposes of providing assistance to States for 
administrative expenses in the event of the expansion of 
predictive analytics technologies to claims under Medicaid 
and CHIP. 
(i) DEFINITIONS.—In this section: 
(1) 
COMMONWEALTHS
AND
TERRITORIES.—The 
term 
‘‘commonwealth and territories’’ includes the Commonwealth 
of Puerto Rico, the Virgin Islands, Guam, American Samoa, 
the Commonwealth of the Northern Mariana Islands, and any 
other territory or possession of the United States in which 
the Medicare fee-for-service program, Medicaid, or CHIP oper-
ates. 
(2) CHIP.—The term ‘‘CHIP’’ means the Children’s Health 
Insurance Program established under title XXI of the Social 
Security Act (42 U.S.C. 1397aa et seq.). 
(3) MEDICAID.—The term ‘‘Medicaid’’ means the program 
to provide grants to States for medical assistance programs 
established under title XIX of the Social Security Act (42 U.S.C. 
1396 et seq.). 
(4) MEDICARE
BENEFICIARY.—The term ‘‘Medicare bene-
ficiary’’ means an individual enrolled in the Medicare fee-for- 
service program. 
(5) MEDICARE FEE-FOR-SERVICE PROGRAM.—The term ‘‘Medi-
care fee-for-service program’’ means the original medicare fee- 
for-service program under parts A and B of title XVIII of 
the Social Security Act (42 U.S.C. 1395 et seq.). 
(6) MEDICARE PROVIDER.—The term ‘‘Medicare provider’’ 
means a provider of services (as defined in subsection (u) of 
section 1861 of the Social Security Act (42 U.S.C. 1395x)) and 
a supplier (as defined in subsection (d) of such section). 
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Health and Human Services, acting through the Adminis-
trator of the Centers for Medicare & Medicaid Services. 
(8) STATE.—The term ‘‘State’’ means each of the 50 States 
and the District of Columbia. 
TITLE V—BUDGETARY PROVISIONS 
SEC. 5001. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined 
by reference to the latest statement titled ‘‘Budgetary Effects of 
PAYGO Legislation’’ for this Act, submitted for printing in the