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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Promoting Closed-Loop Pumped Storage
Hydropower Act''.

SEC. 2. CLOSED-LOOP PUMPED STORAGE PROJECTS.

Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended
by adding at the end the following:

''SEC. 34. CLOSED-LOOP PUMPED STORAGE PROJECTS.

''(a) Expedited Licensing Process for Closed-Loop Pumped Storage
Projects.--
''(1) In general.--As provided in this section, the
Commission may issue and amend licenses and preliminary
permits, as appropriate, for closed-loop pumped storage
projects.
''(2) Rule.--Not later than 180 days after the date of
enactment of this section, the Commission shall issue a rule
establishing an expedited process for issuing and amending
licenses and preliminary permits for closed-loop pumped storage
projects under this section.
''(3) Interagency task force.--In establishing the
expedited process under this section, the Commission shall
convene an interagency task force, with appropriate Federal and
State agencies and Indian tribes represented, to coordinate the
regulatory processes associated with the authorizations
required to construct and operate closed-loop pumped storage
projects.
''(4) Length of process.--The Commission shall ensure that
the expedited process under this section will result in final
decision on an application for a license by not later than 2
years after receipt of a completed application for such
license.
''(b) Dam Safety.--Before issuing any license for a closed-loop
pumped storage project, the Commission shall assess the safety of
existing dams and other structures related to the project (including
possible consequences associated with failure of such structures).
''(c) Exemptions From Other Requirements.--
''(1) In general.--In issuing or amending a license or
preliminary permit pursuant to the expedited process
established under this section, the Commission may grant an
exemption from any other requirement of this part with respect
to any part of the closed-loop pumped storage project (not
including any dam or other impoundment).
''(2) Consultation.--In granting an exemption under
paragraph (1), the Commission shall consult with the United
States Fish and Wildlife Service and the State agency
exercising administration over the fish and wildlife resources
of the State in which the closed-loop pumped storage project is
or will be located, in the manner provided by the Fish and
Wildlife Coordination Act (16 U.S.C. 661 et seq.).
''(3) Terms and conditions.--In granting an exemption under
paragraph (1), the Commission shall include in any such
exemption--
''(A) such terms and conditions as the Fish and
Wildlife Service, National Marine Fisheries Service,
and the State agency described in paragraph (2) each
determine are appropriate to prevent loss of, or damage
to, fish and wildlife resources and to otherwise carry
out the purposes of the Fish and Wildlife Coordination
Act; and
''(B) such terms and conditions as the Commission
deems appropriate to ensure that such closed-loop
pumped storage project continues to comply with the
provisions of this section and terms and conditions
included in any such exemption.
''(4) Fees.--The Commission, in addition to the
requirements of section 10(e), shall establish fees which shall
be paid by an applicant for a license for a closed-loop pumped
storage project that is required to meet terms and conditions
set by fish and wildlife agencies under paragraph (3). Such
fees shall be adequate to reimburse the fish and wildlife
agencies referred to in paragraph (3) for any reasonable costs
incurred in connection with any studies or other reviews
carried out by such agencies for purposes of compliance with
this section. The fees shall, subject to annual appropriations
Acts, be transferred to such agencies by the Commission for use
solely for purposes of carrying out such studies and shall
remain available until expended.
''(d) Transfers.--Notwithstanding section 5, and regardless of
whether the holder of a preliminary permit for a closed-loop pumped
storage project claimed municipal preference under section 7(a) when
obtaining the permit, the Commission may, to facilitate development of
a closed-loop pumped storage project--
''(1) add entities as joint permittees following issuance
of a preliminary permit; and
''(2) transfer a license in part to one or more
nonmunicipal entities as co-licensees with a municipality, if
the municipality retains majority ownership of the project for
which the license was issued.
''(e) Interagency Communications.--Interagency cooperation in the
preparation of environmental documents under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an
application for a license for a closed-loop pumped storage project
submitted pursuant to this section, and interagency communications
relating to licensing process coordination pursuant to this section,
shall not--
''(1) be considered to be ex parte communications under
Commission rules; or
''(2) preclude an agency from participating in a licensing
proceeding under this part.
''(f) Developing Abandoned Mines for Pumped Storage.--
''(1) Workshop.--Not later than 6 months after the date of
enactment of this section, the Commission shall hold a workshop
to explore potential opportunities for development of closed-
loop pumped storage projects at abandoned mine sites.
''(2) Guidance.--Not later than 1 year after the date of
enactment of this section, the Commission shall issue guidance
to assist applicants for licenses or preliminary permits for
closed-loop pumped storage projects at abandoned mine sites.
''(g) Qualifying Criteria for Closed-Loop Pumped Storage
Projects.--
''(1) In general.--The Commission shall establish criteria
that a pumped storage project shall meet in order to qualify as
a closed-loop pumped storage project eligible for the expedited
process established under this section.
''(2) Inclusions.--In establishing the criteria under
paragraph (1), the Commission shall include criteria requiring
that the pumped storage project--
''(A) cause little to no change to existing surface
and groundwater flows and uses; and
''(B) is unlikely to adversely affect species
listed as a threatened species or endangered species
under the Endangered Species Act of 1973.''.

SEC. 3. OBLIGATION FOR PAYMENT OF ANNUAL CHARGES.

Section 10(e) of the Federal Power Act (16 U.S.C. 803(e)) is
amended by adding at the end the following:
''(5) Any obligation of a licensee for payment of annual charges
under this subsection shall commence when the construction of the
applicable facility commences.''.

Passed the House of Representatives December 12, 2017.

Attest:

KAREN L. HAAS,

Clerk.

A: Promoting Closed-Loop Pumped Storage Hydropower Act (Sec.2)This bill amends the Federal Power Act to authorize the Federal Energy Regulatory Commission (FERC) to establish an expedited licensing process for issuing and amending licenses and preliminary permits for closed-loop pumped storage projects (in which the upper and lower reservoirs do not impound or directly withdraw water from navigable waters, or that are not continuously connected to a naturally flowing water feature). In establishing the expedited process, FERC shall convene an interagency task force with appropriate federal and state agencies and Indian tribes to coordinate the regulatory process associated with the authorizations required to construct and operate closed-loop pumped storage projects. FERC must assess the safety of existing dams and other structures related to the project before issuing any license for a closed-loop storage project. FERC must hold a workshop to explore potential opportunities for development of storage projects at abandoned mine sites. FERC must also establish criteria that a project shall meet to qualify as a closed-loop pumped storage under this bill, including requiring that the project cause little to no change to existing surface and groundwater flows and uses and that the project is unlikely to adversely affect species listed as threatened or endangered under the Endangered Species Act of 1973. (Sec.3)Licensees are not required to pay an annual charge for administrative expenses until construction commences.
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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Native American Education
Opportunity Act''.

SEC. 2. NATIVE AMERICAN EDUCATION OPPORTUNITY PROGRAM.

(a) In General.--Part B of title XI of the Education Amendments of
1978 (25 U.S.C. 2000 et seq.) is amended--
(1) by redesignating section 1141 as section 1142; and
(2) by inserting after section 1140 the following:

''SEC. 1141. BUREAU FUNDING OF TRIBAL-BASED EDUCATION SAVINGS ACCOUNT
PROGRAMS.

''(a) Program Authorized.--
''(1) Bureau disbursements.--At the request of Tribes, the
Secretary of the Interior shall, for the 2018-2019 school year
and each subsequent school year, disburse not more than 90
percent of the amounts made available under sections 1127 and
1130 for the school year to such Tribes that administer
education savings account programs to enable the Tribes to
award grants to education savings accounts for ESA eligible
students for such school year, in accordance with subsection
(b).
''(2) Applicability.--This section shall apply with respect
to ESA eligible students who have submitted their application
for participation under this section to the Tribe of which the
student is an enrolled member on or after January 1, 2018.
''(3) Account administration.--
''(A) In general.--A Tribe may enter into an
agreement with a nonprofit entity for the
administration of the accounts created through the
Tribe's education savings account program.
''(B) Nonprofit entity defined.--In this paragraph,
the term 'nonprofit entity' means an entity that is
described in section 501(c)(3) of the Internal Revenue
Code of 1986 and is exempt from taxation under section
501(a) of such Code.
''(4) Use of funds.--Funds disbursed to a Tribe under this
section may be used for--
''(A) private school tuition and fees;
''(B) textbooks, curriculum, and instructional
materials;
''(C) academic, Native language, or cultural
tutoring;
''(D) educational services and therapies for
students with special needs;
''(E) tuition and fees for a non-public online
learning program;
''(F) educational technology;
''(G) examination fees; or
''(H) transportation to and from a school not to
exceed $2,000 per year, per ESA eligible student.
''(b) Disbursements.--
''(1) Amount.--The amount disbursed by the Secretary of the
Interior under subsection (a) to a Tribe shall be, with respect
to each ESA eligible student for which the Tribe awards a grant
under this section for a school year, the lesser of--
''(A) the amount of the grant provided by the Tribe
to the education savings account of the ESA eligible
student for the applicable school year; and
''(B) 90 percent of the amount that the Secretary
would provide to a Bureau-funded school on behalf of
such student for the applicable school year under
sections 1127 and 1130.
''(2) Quarterly disbursements.--A Tribe that receives a
disbursement amount under subsection (a) shall make quarterly
grant distributions of such amount to education savings
accounts for ESA eligible students.
''(3) Limitation.--A Tribe shall allocate not more than 15
percent of the amount received per pupil under this section to
the administration of the education savings account programs of
the Tribe.
''(4) Roll over and remaining funds in an account.--Not
more than 50 percent of an ESA eligible student's total grant
amount for a school year made under this section may roll over
for use to the following school year.
''(c) Effect on Allotments.--For purposes of any calculation
regarding the total number of eligible Indian students under section
1127, the Secretary shall include all ESA eligible students who
participate in an education savings account program under this section.
''(d) Rule of Construction.--A grant awarded to an ESA eligible
student under this section shall be considered assistance to the
student and shall not be considered assistance to a school that enrolls
the ESA eligible student or any other educational service provider from
which the ESA eligible student receives services.
''(e) Definitions.--In this section:
''(1) ESA eligible student.--
''(A) In general.--The term 'ESA eligible student'
means an individual who--
''(i) is--
''(I) an elementary school or
secondary school student who attended a
Bureau-funded school in the semester
preceding the date on which the student
first applies for participation in an
education savings account program; or
''(II) a child who will be eligible
to attend a Bureau-funded school for
kindergarten or any other elementary
school grade in the next semester that
will start after the date on which the
student first applies for participation
in an education savings account
program;
''(ii) will not be attending a Bureau-
funded school, receiving an education savings
account from another Tribe, or attending a
public elementary school or secondary school,
while the student is participating in an
education savings account program of a Tribe;
and
''(iii) meets any eligibility requirements
of the education savings account program of the
Tribe in which the student applies to
participate.
''(B) Period of eligibility.--A student who meets
the requirements of clauses (i) and (iii) of
subparagraph (A) for a school year and who was an
enrolled member of the Tribe to which the student
submitted an application for participation in the
education savings account program of the Tribe at the
time of submitting the application to the Tribe shall
be deemed to meet the requirements of such clauses
until the date on which the student graduates high
school or reaches the age of 21 years, whichever occurs
first.
''(2) Education savings account program.--The term
'education savings account program' means a program
administered by a Tribe in which the Tribe awards a grant to an
account controlled by a parent of an elementary school or
secondary school student from which the parent may purchase
goods and services needed for the education of the student.
''(3) Parent.--The term 'parent' means a parent, guardian,
custodian, or other person with the authority to act on behalf
of an ESA eligible student.
''(4) Tribe.--The term 'Tribe' means any recognized Indian
tribe included on the current list published by the Secretary
of the Interior under section 104 of the Federally Recognized
Indian Tribe Act of 1994 (25 U.S.C. 5131).''.
(b) Conforming Amendment.--Section 1126(c) of the Education
Amendments of 1978 (25 U.S.C. 2006(c)) is amended by striking ''section
1141(12)'' and inserting ''section 1142(12)''.
(c) GAO Study.--Not later than 3 years after the date of enactment
of this Act, the Comptroller General of the United States shall--
(1) conduct a review of the implementation of the
amendments made by this Act during the preceding 3-year period,
including any factors impacting increased participation in
education savings account programs established pursuant to the
amendments made by this Act;
(2) submit a report describing the results of the review
under paragraph (1) to--
(A) the Committee on Indian Affairs of the Senate;
and
(B) the Subcommittee on Indian, Insular and Alaska
Native Affairs of the Committee on Natural Resources of
the House of Representatives; and
(3) publish the report under paragraph (2).

A: Native American Education Opportunity Act This bill amends the Education Amendments of 1978 to require the Bureau of Indian Affairs (BIA), at the request of a federally recognized Indian tribe, to provide funds for tribal education savings account programs to make grants to education savings accounts for students who: (1)attended or will be eligible to attend a BIA-funded school; (2) will not be attending a BIA-funded school, receiving an education savings account from another tribe, or attending public elementary or secondary school while participating in the program; and (3) meet program eligibility requirements. Funds may be used for: private school tuition and fees; textbooks, curriculum, and instructional materials; academic, Native language, or cultural tutoring; educational services and therapies for students with special needs; tuition and fees for a private online learning program; educational technology; examination fees; or transportation to and from school. Three years after this bill's enactment, the Government Accountability Office must review the implementation of the bill, including any factors impacting increased participation in education savings account programs.
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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Two-Midnight Rule Delay Act of
2013''.

SEC. 2. ENFORCEMENT DELAY OF MEDICARE TWO-MIDNIGHT RULE TO PERMIT
DEVELOPMENT OF A NEW MEDICARE PAYMENT METHODOLOGY FOR
SHORT INPATIENT HOSPITAL STAYS.

(a) Delay in Enforcement of Two-Midnight Rule.--
(1) In general.--The Secretary of Health and Human Services
(referred to in this section as the ''Secretary'') shall not
enforce the provisions of the two-midnight rule (as defined in
paragraph (2)) with respect to admissions to a hospital (as
defined in subsection (d)) for which payment is made under the
Medicare program under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) for admissions occurring before
October 1, 2014.
(2) Two-midnight rule defined.--In this section, the term
''two-midnight rule'' means the following numbered amendments
to 42 CFR Chapter IV contained in the IPPS FY 2014 Final Rule
(and includes any sub-regulatory guidance issued in the
implementation of such amendments and any portion of the
preamble of section XI.C. of such rule relating to such
amendments):
(A) Amendment 2 (on page 50965), which adds a
section 412.3 of title 42, Code of Federal Regulations
(relating to admissions).
(B) Amendment 3 (on page 50965), which revises
section 412.46 of such title (relating to medical
review requirements).
(C) Amendment 23 (on page 50969), which amends
paragraphs (d) and (e)(2) of section 424.11 of such
title (relating to conditions of payment: General
procedures).
(D) Amendment 24 (on pages 50969 and 50970), which
revises section 424.13 of such title (relating to
requirements for inpatient services of hospitals other
than inpatient psychiatric facilities).
(E) Amendment 25 (on page 50970), which revises
paragraphs (a), (b), (d)(1), and (e) of section 424.14
of such title (relating to requirements for inpatient
services of inpatient psychiatric facilities).
(F) Amendment 26 (on page 50970), which revises
section 424.15 of such title (relating to requirements
for inpatient CAH services).
(3) IPPS fy 2014 final rule defined.--In this section, the
term ''IPPS FY 2014 Final Rule'' means the final rule (CMS-
1599-F, CMS-1455-F) published by the Centers for Medicare &
Medicaid Services in the Federal Register on August 19, 2013,
entitled ''Medicare Program; Hospital Inpatient Prospective
Payment Systems for Acute Care Hospitals and the Long-Term Care
Hospital Prospective Payment System and Fiscal Year 2014 Rates;
Quality Reporting Requirements for Specific Providers; Hospital
Conditions of Participation; Payment Policies Related to
Patient Status'' (78 Federal Register 50496 et seq.).
(4) Application to medicare review contractors.--
(A) In general.--Paragraph (1) shall also apply to
Medicare review contractors (as defined in subparagraph
(B)). No Medicare review contractor may deny a claim
for payment for inpatient hospital services furnished
by a hospital, or inpatient critical access hospital
services furnished by a critical access hospital, for
which payment may be made under title XVIII of the
Social Security Act for discharges occurring before the
date specified in paragraph (1)--
(i) for medical necessity due to the length
of an inpatient stay in such hospital or due to
a determination that the services could have
been provided on an outpatient basis; or
(ii) for requirements for orders,
certifications, or recertifications, and
associated documentation relating to the
matters described in clause (i).
(B) Medicare review contractor defined.--In
subparagraph (A), the term ''Medicare review
contractor'' means any contractor or entity that has
entered into a contract or subcontract with the Centers
for Medicare & Medicaid Services with respect to the
Medicare program to review claims for items and
services furnished for which payment is made under
title XVIII of the Social Security Act, including--
(i) Medicare administrative contractors
under section 1874A of the Social Security Act
(42 U.S.C. 1395kk-1); and
(ii) recovery audit contractors under
section 1893(h) of such Act (42 U.S.C.
1395ddd(h)).
(5) Continuation of medicare probe and educate program for
inpatient hospital admissions.--
(A) In general.--Subject to subparagraph (B),
nothing in this subsection shall be construed to
preclude the Secretary from continuing the conduct by
Medicare administrative contractors of the Medicare
Probe and Educate program (as defined in subparagraph
(C)) for hospital admissions during the delay of
enforcement under paragraph (1).
(B) Maintenance of sample prepayment record
limits.--The Secretary may not increase the sample of
claims selected for prepayment review under the
Medicare Probe and Educate program above the number and
type established by the Secretary under such program as
of November 4, 2013, such as 10 claims for most
hospitals and 25 claims for large hospitals.
(C) Medicare probe and educate program defined.--In
this paragraph, the term ''Medicare Probe and Educate
program'' means the program established by the
Secretary as in effect on November 4, 2013 (and
described in a public document made available by the
Centers for Medicare & Medicaid Services on its Website
entitled ''Frequently Asked Questions 2 Midnight
Inpatient Admission Guidance & Patient Status Reviews
for Admissions on or after October 1, 2013'') under
which Medicare administrative contractors--
(i) conduct prepayment patient status
reviews for inpatient hospital claims with
dates of admission on or after October 1, 2013,
and before March 31, 2014; and
(ii) based on the results of such
prepayment patient status reviews, conduct
educational outreach efforts during the
following 3 months.
(b) Short Inpatient Hospital Stay Payment Methodology.--
(1) In general.--The Secretary shall develop a payment
methodology under the Medicare program for hospitals for short
inpatient hospital stays (as defined in paragraph (2)). Such
payment methodology may be a reduced payment amount for such
inpatient hospital services than would otherwise apply if paid
for under section 1886(d) of the Social Security Act (42 U.S.C.
1395ww(d)) or may be an alternative payment methodology. The
Secretary shall promulgate such payment methodology as part of
the annual regulations implementing the Medicare hospital
inpatient prospective payment system for fiscal year 2015.
(2) Short inpatient hospital stay defined.--In this
section. the term ''short inpatient hospital stay'' means, with
respect to an inpatient admission of an individual entitled to
benefits under part A of title XVIII of the Social Security Act
to a hospital, a length of stay that is less than the length of
stay required to satisfy the 2-midnight benchmark described in
section 412.3 of title 42, Code of Federal Regulation, as
amended under the Amendment 2 referred to in subsection
(a)(2)(A).
(c) Crosswalk of ICD-10 Codes and CPT Codes; Crosswalk of DRG and
CPT Codes.--
(1) ICD10-to-CPT crosswalk.--
(A) In general.--Not later than 2 years after the
date of the enactment of this Act, the Secretary shall
develop general equivalency maps (referred to in this
subsection as ''crosswalks'') to link the relevant ICD-
10 codes to relevant CPT codes, and the relevant CPT
codes to relevant ICD-10 codes, in order to permit
comparisons of inpatient hospital services, for which
payment is made under section 1886 of the Social
Security Act (42 U.S.C. 1395ww), and hospital
outpatient department services, for which payment is
made under section 1833(t) of such Act (42 U.S.C.
1395l(t)). In this subsection the terms ''ICD-10
codes'' and ''CPT codes'' include procedure as well as
diagnostic codes.
(B) Process.--
(i) In general.--In carrying out
subparagraph (A), the Secretary shall develop a
proposed ICD10-to-CPT crosswalk which shall be
made available for public comment for a period
of not less than 60 days.
(ii) Notice.--The Secretary shall provide
notice of the comment period through the
following:
(I) Publication of notice of
proposed rulemaking in the Federal
Register.
(II) A solicitation posted on the
Internet Website of the Centers for
Medicare & Medicaid Services.
(III) An announcement on the
Internet Website of the Centers for
Medicare & Medicaid Services of the
availability of the proposed crosswalk
and the deadline for comments.
(IV) A broadcast through an
appropriate Listserv operated by the
Centers for Medicare & Medicaid
Services.
(iii) Use of the icd-9-cm coordination and
maintenance committee.--The Secretary also
shall instruct the ICD-9-CM Coordination and
Maintenance Committee to convene a meeting to
receive input from the public regarding the
proposed ICD10-to-CPT crosswalk.
(iv) Publication of final crosswalks.--
Taking into consideration comments received on
the proposed crosswalk, the Secretary shall
publish a final ICD10-to-CPT crosswalk under
subparagraph (A) and shall post such crosswalk
on the Internet Website of the Centers for
Medicare & Medicaid Services.
(v) Updating.--The Secretary shall update
such crosswalk on an annual basis.
(2) DRG-to-APC crosswalk.--
(A) In general.--The Secretary shall, using the
ICD10-to-CPT crosswalk developed under paragraph (1),
develop a second crosswalk between diagnosis-related
group (DRG) codes for inpatient hospital services and
Ambulatory Payment Class (APC) codes for outpatient
hospital services.
(B) Data to be used.--In developing such crosswalk,
the Secretary shall use claims data for inpatient
hospital services for discharges occurring in fiscal
years beginning with fiscal year 2015 and for
outpatient hospital services furnished in years
beginning with 2015.
(C) Publication.--Not later than June 30, 2017, the
Secretary shall publish the DRG-to-APC crosswalk
developed under this paragraph.
(d) Hospital Defined.--For purposes of this section, the term
''hospital'' means the following (insofar as such terms are used under
title XVIII of the Social Security Act):
(1) An acute care hospital.
(2) A critical access hospital.
(3) A long-term care hospital.
(4) An inpatient psychiatric facility.

A:
Two-Midnight Rule Delay Act of 2013 - Prohibits the Secretary of Health and Human Services (HHS) from enforcing the two-midnight rule to a hospital for which payment is made under title XVIII (Medicare) of the Social Security Act for admissions occurring before October 1, 2014. (The two-midnight rule allows Medicare coverage of only hospital stays for which a physician admits to a hospital a beneficiary expected to require care that crosses two midnights, but generally denies coverage of care expected to require less than a two-midnight stay.) Appliessuch prohibition to Medicare review contracts. Prohibits Medicare review contractors from denying a claim for inpartient hospital services furnished by a hospital, or inpatient critical access hospital services furnished by a critical access hospital, for discharges occurring before October 1, 2014: (1) for medical necessity due to the length of an inpatient stay in such hospital or due to a determination that the services could have been provided on an outpatient basis; or (2) for requirements for orders, certifications, or recertifications, and associated documentation relating to such matters. Prohibits the Secretary from increasing the sample of claims selected for prepayment review under the Medicare Probe and Educate program above the number and type established by the Secretary as of November 4, 2013. Directs the Secretary to develop: (1) a Medicare hospital payment methodology for short inpatient hospital stays; (2)general equivalency maps to link the relevant International Statistical Classification of Diseases and Related Health Problems (ICD)-10 codes (used to report medical diagnoses and inpatient procedures) to relevant Current Procedural Terminology (CPT) codes, and the relevant CPT codes to relevant ICD-10 codes, in order to permit comparison of inpatient hospital services and hospital outpatient department servives; and (3) a second crosswalk between Diagnosis-Related Group (DRG) codes for inpatient hospital services and Ambulatory Payment Class codes for outpatient hospital services.
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