February 7, 2018 CONGRESSIONAL RECORD — SENATE S709 commit ourselves to addressing the in- Resolved, That the Senate— him to the bill H.R. 695, of 1993 to es- equalities we must still overcome to (1) congratulates the entire Philadelphia tablish a voluntary national criminal empower female athletes in our Nation. Eagles organization on their triumph in history background check system and Mr. President, I yield the floor. LII; criminal history review program for (2) commends the fans f for their devotion, enthusiasm, and persist- certain individuals who, related to their employment, have access to chil- SENATE RESOLUTION 399—CON- ence over the past 58 years; and (3) requests that the Secretary of the Sen- dren, the elderly, or individuals with GRATULATING THE PHILADEL- ate prepare an enrolled version of this reso- disabilities, and for other purposes; PHIA EAGLES ON THEIR TRI- lution for presentation to— which was ordered to lie on the table; UMPH IN SUPER BOWL LII (A) the owner of the Philadelphia Eagles, as follows: Mr. TOOMEY (for himself and Mr. Jeffrey Robert Lurie; and Strike section 8004. (B) the head coach of the Philadelphia Ea- CASEY) submitted the following resolu- gles, Douglas Irving Pederson. tion; which was considered and agreed SA 1928. Mr. WICKER submitted an to: f amendment intended to be proposed by him to the bill H.R. 695 of 1993 to estab- S. RES. 399 AMENDMENTS SUBMITTED AND PROPOSED lish a voluntary national criminal his- Whereas, on February 4, 2018, the Philadel- tory background check system and phia Eagles became champions of the Na- SA 1926. Mr. PORTMAN submitted an criminal history review program for tional Football League by defeating the New amendment intended to be proposed by him England Patriots 41–33 in Super Bowl LII; to the bill H.R. 1892, to amend title 4, United certain individuals who, related to Whereas, with this victory the Philadel- States Code, to provide for the flying of the their employment, have access to chil- phia Eagles won their first Super Bowl in flag at half-staff in the event of the death of dren, the elderly, or individuals with franchise history and fourth National Foot- a first responder in the line of duty; which disabilities, and for other purposes; ball League Championship; was ordered to lie on the table. which was ordered to lie on the table; Whereas the Eagles, a franchise born in the SA 1927. Mr. DAINES submitted an amend- as follows: depths of the Great Depression, forged in the ment intended to be proposed by him to the At the appropriate place, insert the fol- furnace of South Philadelphia, has come to bill H.R. 695, of 1993 to establish a voluntary lowing: represent the resiliency, ingenuity, and for- national criminal history background check titude of the great people of the ‘‘City of system and criminal history review program TITLE ll—VESSEL INCIDENTAL Brotherly Love’’; for certain individuals who, related to their DISCHARGE ACT Whereas the fans of the Eagles, whose de- employment , have access to children, the el- SEC. ll01. SHORT TITLE. votion and enthusiasm is renowned through- derly, or individuals with disabilities, and This title may be cited as the ‘‘Vessel Inci- out sport, have waited for this moment for 58 for other purposes; which was ordered to lie dental Discharge Act’’. years; on the table. SEC. ll02. DEFINITIONS. Whereas this Eagles team, written off by SA 1928. Mr. WICKER submitted an amend- In this title: the rest of the world after suffering numer- ment intended to be proposed by him to the (1) ADMINISTRATOR.—The term ‘‘Adminis- ous injuries to key players, took the field in bill H.R. 695, supra; which was ordered to lie trator’’ means the Administrator of the En- as the underdog, as they had on the table. vironmental Protection Agency. been in every previous playoff game, despite SA 1929. Mr. WICKER submitted an amend- (2) AQUATIC NUISANCE SPECIES.—The term having the best record in the National Foot- ment intended to be proposed by him to the ‘‘aquatic nuisance species’’ means a non- ball League; bill H.R. 1892, to amend title 4, United States indigenous species (including a pathogen, Whereas Nicholas Edward Code, to provide for the flying of the flag at microbe, or virus) that threatens the diver- Foles, stepping in for injured star quarter- half-staff in the event of the death of a first sity or abundance of native species or the ec- back Carson James Wentz, commanded the responder in the line of duty; which was or- ological stability of waters of the United field with an uncanny precision, calmness, dered to lie on the table. States, or commercial, agricultural, and leadership that earned him recognition SA 1930. Mr. MCCONNELL proposed an aquacultural, or recreational activities de- as the Most Valuable Player of the Super amendment to the bill H.R. 1892, supra. pendent on such waters. Bowl; SA 1931. Mr. MCCONNELL proposed an (3) BALLAST WATER.— Whereas head coach Douglas Irving amendment to amendment SA 1930 proposed (A) IN GENERAL.—The term ‘‘ballast water’’ Pederson displayed an emotional intel- by Mr. MCCONNELL to the bill H.R. 1892, means any water and suspended matter ligence, creativity, and aggressiveness exem- supra. taken on board a commercial vessel— plified in the ‘‘Philly Special,’’ a fourth SA 1932. Mr. MCCONNELL proposed an (i) to control or maintain trim, draught, play call that involved undrafted rookie run- amendment to the bill H.R. 1892, supra. stability, or stresses of the commercial ves- ning back Corey Joel Clement taking the di- SA 1933. Mr. MCCONNELL proposed an sel, regardless of how such water and matter rect and pitching the football to amendment to amendment SA 1932 proposed is carried; or undrafted , who threw by Mr. MCCONNELL to the bill H.R. 1892, (ii) during the cleaning, maintenance, or the football to the backup quarterback Foles supra. other operation of a ballast tank or ballast for a in the last minute of the SA 1934. Mr. MCCONNELL proposed an water management system of the commer- first half; amendment to amendment SA 1933 proposed cial vessel. Whereas the play of the dominating offen- by Mr. MCCONNELL to the amendment SA (B) EXCLUSIONS.—The term ‘‘ballast water’’ sive line, anchored by veterans David Lane 1932 proposed by Mr. MCCONNELL to the bill does not include any substance that is added Johnson and Jason Kelce, provided peerless H.R. 1892, supra. to water described in subparagraph (A) that protection for the passers, enabled multiple f is directly related to the operation of a prop- clutch catches by the acrobatic receiving TEXT OF AMENDMENTS erly functioning ballast water management corps and tight ends, and paved the way for system. hard earned rushing yards by the trio of tal- SA 1926. Mr. PORTMAN submitted an (4) BALLAST WATER DISCHARGE STANDARD.— ented tailbacks; amendment intended to be proposed by The term ‘‘ballast water discharge standard’’ Whereas the vaunted Eagles defense, engi- him to the bill H.R. 1892, to amend title means— neered by coordinator James John Schwartz, 4, United States Code, to provide for (A) the numerical ballast water discharge led by All-Pros Fletcher Cox and Malcolm the flying of the flag at half-staff in standard set forth in section 151.2030 of title Damari Jenkins, took charge in the waning 33, Code of Federal Regulations, or section moments of the fourth quarter when Bran- the event of the death of a first re- 151.1511 of such title (as in effect on the date don Lee Graham forced the opposing quarter- sponder in the line of duty; which was of the enactment of this Act); or back to fumble the football into the waiting ordered to lie on the table; as follows: (B) if the standard described in subpara- hands of rookie Derek Anthony Barnett; At the appropriate place, insert the fol- graph (A) has been revised under section Whereas the consistent play of the special lowing: ll06, such revised standard. teams, led by rookie Jake Daniel Elliot and SEC. l. EXTENSION OF THE MATERNAL, INFANT, (5) BALLAST WATER MANAGEMENT SYSTEM.— 14-year veteran Donald Scott ‘‘Bag O’Bones’’ AND EARLY CHILDHOOD HOME VIS- The term ‘‘ballast water management sys- Jones, helped seal the fate of the game; ITING PROGRAM. tem’’ means any system, including all bal- Whereas the ownership of Jeffrey Robert Section 511(j)(1)(H) of the Social Security last water treatment equipment and all asso- Lurie and the management of Howard Rose- Act (42 U.S.C. 711(j)(1)(H)) is amended by ciated control and monitoring equipment, man have truly built a franchise that should striking ‘‘fiscal year 2017’’ and inserting that processes ballast water— be recognized as the ‘‘gold standard’’; and ‘‘each of fiscal years 2017 through 2019’’. (A) to kill, render nonviable, or remove or- Whereas sports talk radio in southeastern ganisms; or Pennsylvania may never be the same: Now, SA 1927. Mr. DAINES submitted an (B) to avoid the uptake or discharge of or- therefore, be it amendment intended to be proposed by ganisms.

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(6) BEST AVAILABLE TECHNOLOGY ECONOMI- (II) rubbish, trash, garbage, incinerator United States’’ has the meaning given that CALLY ACHIEVABLE.—The term ‘‘best avail- ash, or other such material discharged over- term in section 2101(17a) of title 46, United able technology economically achievable’’ board; States Code. has the meaning given that term in sections (III) oil or a hazardous substance (as such (20) OPERATING IN A CAPACITY OTHER THAN 301(b)(2)(A) and 304(b)(2)(B) of the Federal terms are defined in section 311 of the Fed- AS A MEANS OF TRANSPORTATION ON WATER.— Water Pollution Control Act (33 U.S.C. eral Water Pollution Control Act (33 U.S.C. The term ‘‘operating in a capacity other 1311(b)(2)(A) and 1314(b)(2)(B)) as such term 1321)); or than as a means of transportation on water’’ applies to a mobile point source. (IV) sewage (as defined in section 312(a)(6) includes— (7) BIOCIDE.—The term ‘‘biocide’’ means a of the Federal Water Pollution Control Act (A) when in use as an energy or mining fa- substance or organism that is introduced (33 U.S.C. 1322(a)(6))); or cility; into or produced by a ballast water manage- (ii) any emission of an air pollutant result- (B) when in use as a storage facility or sea- ment system to kill or eliminate aquatic ing from the operation onboard a commer- food processing facility; nuisance species as part of the process used cial vessel of a commercial vessel propulsion (C) when secured to a storage facility or to comply with a ballast water discharge system, motor driven equipment, or inciner- seafood processing facility; and standard. ator; (D) when secured to the bed of the ocean, (8) CAPTAIN OF THE PORT ZONE.—The term (iii) any discharge into navigable waters of contiguous zone, or waters of the United ‘‘Captain of the Port Zone’’ means a Captain the United States from a commercial vessel States for the purpose of mineral or oil ex- of the Port Zone established by the Sec- when the commercial vessel is operating in a ploration or development. retary pursuant to sections 92, 93, and 633 of capacity other than as a means of transpor- (21) ORGANISM.—The term ‘‘organism’’ title 14, United States Code. tation on water; or means any organism and includes pathogens, (9) COMMERCIAL VESSEL.— (iv) any discharge that results from an ac- microbes, viruses, bacteria, and fungi. (A) IN GENERAL.—The term ‘‘commercial tivity other than the normal operation of a (22) OWNER OR OPERATOR.—The term vessel’’ means— commercial vessel. ‘‘owner or operator’’ means a person owning, (i) a vessel (as defined in section 3 of title (11) EMPTY BALLAST TANK.—The term operating, or chartering by demise a com- 1, United States Code) that is engaged in ‘‘empty ballast tank’’ means a tank— mercial vessel. commercial service (as defined in section (A) intended to hold ballast water that has (23) PACIFIC COAST REGION.—The term ‘‘Pa- 2101(5) of title 46, United States Code); or been drained to the limit of the functional or cific Coast Region’’ means Federal and State (ii) a vessel that is within the scope of the operational capabilities of such tank, such as waters adjacent to Alaska, Washington, Or- General Permit or Small Vessel General Per- loss of suction, and otherwise recorded as egon, or California extending from shore and mit on the day before the date of enactment empty on a vessel log; and including the entire exclusive economic zone of this Act. (B) that contains unpumpable residual bal- (as defined in section 1001(8) of the Oil Pollu- (B) EXCLUSION.—The term ‘‘commercial last water and sediments. tion Act of 1990 (33 U.S.C. 2701(8))) adjacent vessel’’ does not include— (12) EXCHANGE.—The term ‘‘exchange’’ to each such State. (i) a recreational vessel; or means, with respect to ballast water, to re- (24) POLLUTANT.—The term ‘‘pollutant’’ (ii) a vessel of the armed forces (as defined place the water in a ballast water tank using has the meaning given that term in section in section 312 of the Federal Water Pollution one of the following methods: 502(6) of the Federal Water Pollution Control Control Act (33 U.S.C. 1322)). (A) Flow-through exchange, in which bal- Act (33 U.S.C. 1362(6)). (10) DISCHARGE INCIDENTAL TO THE NORMAL last water is flushed out by pumping in mid- (25) PORT OR PLACE OF DESTINATION.—The OPERATION OF A COMMERCIAL VESSEL.— ocean water at the bottom of the tank and term ‘‘port or place of destination’’ means (A) IN GENERAL.—The term ‘‘discharge inci- continuously overflowing the tank from the any port or place to which a vessel is bound dental to the normal operation of a commer- top until 3 full volumes of water has been to anchor or moor. cial vessel’’ means— changed to minimize the number of original (26) RECREATIONAL VESSEL.—The term ‘‘rec- (i) a discharge into navigable waters of the organisms remaining in the tank. reational vessel’’ has the meaning given that United States from a commercial vessel of— (B) Empty and refill exchange, in which term in section 502 of the Federal Water Pol- (I)(aa) graywater, bilge water, cooling ballast water taken on in ports, estuarine lution Control Act (33 U.S.C. 1362). water, oil water separator effluent, anti-foul- waters, or territorial waters is pumped out (27) RENDER NONVIABLE.—The term ‘‘render ing hull coating leachate, boiler or econo- until the pump loses suction, after which the nonviable’’ means, with respect to organisms mizer blowdown, byproducts from cathodic ballast tank is refilled with mid-ocean in ballast water, the action of a ballast protection, controllable pitch propeller and water. water management system that leaves such thruster hydraulic fluid, distillation and re- (13) GENERAL PERMIT.—The term ‘‘General organisms permanently incapable of repro- verse osmosis brine, elevator pit effluent, Permit’’ means the ‘‘Final National Pollut- duction following treatment. firemain system effluent, freshwater layup ant Discharge Elimination System (NPDES) (28) SALTWATER FLUSH.—The term ‘‘salt- effluent, gas turbine wash water, motor gas- General Permit for Discharges Incidental to water flush’’— oline and compensating effluent, refrigera- the Normal Operation of a Vessel’’ noticed in (A) means— tion and air condensate effluent, seawater the Federal Register on April 12, 2013 (78 Fed. (i) the addition of as much mid-ocean piping biofouling prevention substances, Reg. 21938). water into each empty ballast tank of a com- boat engine wet exhaust, sonar dome efflu- (14) GREAT LAKES STATES.—The term mercial vessel as is safe for such vessel and ent, exhaust gas scrubber wash water, or ‘‘Great Lakes States’’ means Illinois, Indi- crew and the mixing of the flushwater with stern tube packing gland effluent; or ana, Michigan, Minnesota, New York, Ohio, residual water and sediment through the mo- (bb) any other pollutant associated with Pennsylvania, and Wisconsin. tion of such vessel; and the operation of a marine propulsion system, (15) INDIAN TRIBE.—The term ‘‘Indian (ii) the discharge of the mixed water, such shipboard maneuvering system, habitability tribe’’ has the meaning given that term in that the resultant residual water remaining system, or installed major equipment, or section 4(e) of the Indian Self-Determination in the tank has the highest salinity possible, from a protective, preservative, or absorp- and Education Assistance Act (25 U.S.C. and is at least 30 parts per thousand; and tive application to the hull of a commercial 5304(e)). (B) may require more than one fill-mix- vessel; (16) MAJOR CONVERSION.—The term ‘‘major empty sequence, particularly if only small (II) deck runoff, deck washdown, above the conversion’’ has the meaning given that amounts of water can be safely taken on- waterline hull cleaning effluent, aqueous term in section 2101(14a) of title 46, United board the commercial vessel at one time. film forming foam effluent, chain locker ef- States Code. (29) SECRETARY.—Except as otherwise spec- fluent, non-oily machinery wastewater, un- (17) MARINE POLLUTION CONTROL DEVICE.— ified, the term ‘‘Secretary’’ means the Sec- derwater ship husbandry effluent, welldeck The term ‘‘marine pollution control device’’ retary of the department in which the Coast effluent, or fish hold and fish hold cleaning means any equipment for installation or use Guard is operating. effluent; or on board a commercial vessel that is— (30) SMALL VESSEL GENERAL PERMIT.—The (III) any effluent from a properly func- (A) designed to receive, retain, treat, con- term ‘‘Small Vessel General Permit’’ means tioning marine engine; or trol, or discharge a discharge incidental to the ‘‘Final National Pollutant Discharge (ii) a discharge of a pollutant into navi- the normal operation of a commercial vessel; Elimination System (NPDES) General Per- gable waters of the United States in connec- and mit for Discharges Incidental to the Normal tion with the testing, maintenance, or repair (B) determined by the Secretary, in con- Operation of a Small Vessel’’ noticed in the of a system, equipment, or engine described sultation with the Administrator, to be the Federal Register on September 10, 2014 (79 in subclause (I)(bb) or (III) of clause (i) when- most effective equipment or management Fed. Reg. 53702) ever the commercial vessel is waterborne. practice to reduce the environmental impact SEC. ll03. TREATMENT OF EXISTING BALLAST (B) EXCLUSIONS.—The term ‘‘discharge in- of the discharge consistent with the consid- WATER REGULATIONS. cidental to the normal operation of a com- erations set forth in section ll08(a)(2). (a) EFFECT ON EXISTING REGULATIONS.— mercial vessel’’ does not include— (18) MID-OCEAN WATER.—The term ‘‘mid- Any regulation issued pursuant to the Non- (i) any discharge into navigable waters of ocean water’’ means water greater than 200 indigenous Aquatic Nuisance Prevention and the United States from a commercial vessel nautical miles from any shore. Control Act of 1990 (16 U.S.C. 4701 et seq.) of— (19) NAVIGABLE WATERS OF THE UNITED that is in effect on the day before the date of (I) ballast water; STATES.—The term ‘‘navigable waters of the the enactment of this Act, and that relates

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to a matter subject to regulation under this (B) COMMERCIAL VESSEL DESCRIBED.—A thousand shall conduct a complete ballast title, shall remain in full force and effect un- commercial vessel described in this subpara- water exchange— less or until superseded by a new regulation graph is a commercial vessel— (i) more than 50 nautical miles from shore issued under this title relating to such mat- (i) operating between 2 ports or places of if the ballast water was sourced from a Pa- ter. destination within the Pacific Coast Region; cific Coast Region port or place of destina- (b) APPLICATION OF OTHER REGULATIONS.— or tion; or (1) IN GENERAL.—The regulations issued (ii) operating between a port or place of (ii) more than 200 nautical miles from pursuant to the Nonindigenous Aquatic Nui- destination within the Pacific Coast Region shore if the ballast water was not sourced sance Prevention and Control Act of 1990 (16 and a port or place of destination on the Pa- from a Pacific Coast Region port or place of U.S.C. 4701 et seq.) relating to sanctions for cific Coast of Canada or Mexico north of 20 destination. violating a regulation under that Act shall degrees north latitude, inclusive of the Gulf (B) EXCEPTION.—The requirements of sub- apply to violations of a regulation issued of California. paragraph (A) shall not apply to a commer- under this title. (C) EXEMPTIONS.—Subparagraph (A) shall cial vessel that has a ballast water manage- (2) PENALTIES.—The penalties for viola- not apply to the following: ment system approved for treating fresh- tions described in paragraph (1) shall in- (i) A commercial vessel voyaging between water at concentrations prescribed in section crease consistent with inflation. or to a port or place of destination in the ll06(a)(1)(A) or that retains all of its bal- State of Washington, if the ballast water to last water. SEC. ll04. BALLAST WATER DISCHARGE RE- be discharged from such vessel originated (6) EXEMPTED VESSELS.— QUIREMENTS. solely from waters located between the par- (A) IN GENERAL.—The requirements of (a) IN GENERAL.— allel 43 degrees, 32 minutes north latitude, paragraphs (3), (4), and (5) shall not apply to (1) REQUIREMENTS.—Except as provided in including the internal waters of the Colum- a commercial vessel if— paragraph (7), and subject to sections 151.2035 bia River, and the internal waters of Canada (i) complying with such requirements and 151.2036 of title 33, Code of Federal Regu- south of parallel 50 degrees north latitude, would compromise the safety of the commer- lations (as in effect on the date of the enact- including the waters of the Strait of Georgia cial vessel; ment of this Act), an owner or operator may and the Strait of Juan de Fuca. (ii) design limitations of the commercial discharge ballast water into navigable (ii) A commercial vessel voyaging between vessel prevent ballast water exchange or waters of the United States from a commer- ports or places of destination in the States of saltwater flush from being conducted; cial vessel covered under subsection (b) only Washington and Oregon if the ballast water (iii) the commercial vessel is certified by if the owner or operator discharges the bal- to be discharged from such vessel originated the Secretary as having no residual ballast last water in accordance with requirements solely from waters located between the par- water or sediments on board or retains all its established by this title or the Secretary. allel 40 degrees north latitude and the par- ballast water while in waters subject to such (2) COMMERCIAL VESSELS ENTERING THE allel 50 degrees north latitude. requirements; or GREAT LAKES SYSTEM.—If a commercial ves- (iii) A commercial vessel voyaging between (iv) empty ballast tanks on the commer- sel enters the Great Lakes through the ports or places of destination in the State of cial vessel are sealed and certified by the mouth of the Saint Lawrence River, the California within the San Francisco Bay Secretary so there is no discharge or uptake owner or operator shall— area east of the Golden Gate Bridge, includ- and subsequent discharge of ballast waters (A) comply with the applicable require- ing the Port of Stockton and the Port of subject to such requirements. ments of— Sacramento, if any ballast water to be dis- (B) ADDITIONAL EXEMPTIONS.—The require- (i) paragraph (1); charged from such vessel originated solely ments of paragraphs (3) and (4) shall not (ii) subpart C of part 151 of title 33, Code of from ports or places within such area. apply to a commercial vessel if the commer- Federal Regulations (or similar successor (iv) A commercial vessel voyaging between cial vessel uses a method of ballast water regulations); and the Port of Los Angeles, the Port of Long management approved by the Coast Guard (iii) section 401.30 of such title (or similar Beach, and the El Segundo offshore marine under section ll05 of this title or subpart successor regulations); and oil terminal if any ballast water to be dis- 162.060 of title 46, Code of Federal Regula- (B) after operating— charged from such vessel originated solely tions (or similar successor regulations). (i) outside the exclusive economic zone of from the Port of Los Angeles, the Port of (7) SAFETY EXEMPTION.—Notwithstanding the United States or Canada, conduct a com- Long Beach, or the El Segundo offshore ma- paragraphs (1) through (6), an owner or oper- plete ballast water exchange in an area that rine oil terminal. ator of a commercial vessel may discharge is 200 nautical miles or more from any shore (v) A commercial vessel voyaging between ballast water into navigable waters of the before the owner or operator may discharge a port or place in the State of Alaska within United States from a commercial vessel if— ballast water while operating in the Saint a single Captain of the Port Zone. (A) the ballast water is discharged solely Lawrence River or the Great Lakes, subject (4) EMPTY BALLAST TANKS.— to ensure the safety of life at sea; to any requirements the Secretary deter- (A) REQUIREMENTS.—Except as provided in (B) the ballast water is discharged acciden- mines necessary with regard to such ex- subparagraph (B) and paragraph (6), the tally as the result of damage to the commer- change or any ballast water management owner or operator of a commercial vessel cial vessel or its equipment and— system that is to be used in conjunction with with empty ballast tanks shall conduct a (i) all reasonable precautions to prevent or such exchange, to ensure that any discharge saltwater flush— minimize the discharge have been taken; and of ballast water complies with the require- (i) at least 200 nautical miles from any (ii) the owner or operator did not willfully ments under paragraph (1); or shore for voyages originating outside the or recklessly cause such damage; or (ii) exclusively within the territorial United States or Canadian exclusive eco- (C) the ballast water is discharged solely waters or exclusive economic zone of the nomic zone; or for the purpose of avoiding or minimizing a United States or Canada, conduct a complete (ii) at least 50 nautical miles from any discharge from the commercial vessel of a ballast water exchange outside the Saint shore for voyages within the Pacific Coast pollutant that would violate a Federal or Lawrence River and the Great Lakes in an Region. State law. area that is 50 nautical miles or more from (B) EXCEPTION.—The requirements of sub- (8) LOGBOOK REQUIREMENTS.—Section any shore before the owner or operator may paragraph (A) shall not apply— 11301(b) of title 46, United States Code, is discharge ballast water while operating in (i) if a ballast tank’s unpumpable residual amended by adding at the end the following the Saint Lawrence River or the Great waters and sediments were subject to a salt- new paragraph: Lakes, subject to any requirements the Sec- water flush, ballast water exchange, or treat- ‘‘(13) when a commercial vessel does not retary determines necessary with regard to ment through a ballast water management carry out ballast water management require- such exchange or any ballast water manage- system; or ments as applicable and pursuant to regula- ment system that is to be used in conjunc- (ii) unless otherwise required under this tions promulgated and issued by the Sec- tion with such exchange, to ensure that any title, if the ballast tank’s unpumpable resid- retary, including when such a vessel fails to discharge of ballast water complies with the ual waters and sediments were sourced with- carry out ballast water management require- requirements under paragraph (1), unless in the same port or place of destination, or ments due to an allowed safety exemption, a traveling 50 nautical miles or more from Captain of the Port Zone. statement about the failure to comply and shore would compromise commercial vessel (5) LOW SALINITY BALLAST WATER.— the circumstances under which the failure safety or is otherwise prohibited by any do- (A) IN GENERAL.—Except as provided in occurred, made immediately after when mestic or international regulation. subparagraph (B) and paragraph (6), owners practicable to do so.’’. (3) COMMERCIAL VESSELS OPERATING WITHIN or operators of commercial vessels that (9) LIMITATION OF REQUIREMENTS.—In estab- THE PACIFIC COAST REGION.— transport ballast water sourced from waters lishing requirements under this subsection, (A) IN GENERAL.—Except as provided in with a measured salinity of less than 18 parts the Secretary may not require the installa- subparagraph (C) and paragraph (6), the per thousand, except as provided by a public tion of a ballast water management system owner or operator of a commercial vessel de- or commercial source under subsection on a commercial vessel that— scribed in subparagraph (B) shall conduct a (b)(2)(C), and voyage to a Pacific Coast Re- (A) carries all of its ballast water in sealed complete ballast water exchange in waters gion port or place of destination that has a tanks that— more than 50 nautical miles from shore. measured salinity of less than 18 parts per (i) are not subject to discharge;

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.031 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S712 CONGRESSIONAL RECORD — SENATE February 7, 2018 (ii) have been certified by the Secretary; such benefits do not exceed such costs, the (2) uses or generates a biocide the dis- and Secretary, in coordination with the Adminis- charge of which causes or contributes to a (iii) have been noted in the commercial trator, shall reconsider the determination of violation of a water quality standard under vessel logbook; or the Secretary under that subparagraph— section 303 of the Federal Water Pollution (B) discharges ballast water solely into a (i) if a petition is received from a Governor Control Act (33 U.S.C. 1313). reception facility described in subsection (d). of a Great Lakes State that— (c) APPROVAL TESTING METHODS.— (b) APPLICABILITY.— (I) includes new data or science not consid- (1) DRAFT POLICY.—Not later than 60 days (1) COVERED VESSELS.—Except as provided ered during such determination; and after the date of the enactment of this Act, in paragraphs (2) and (3), subsection (a) shall (II) is submitted not less than 1 year after the Secretary, in coordination with the Ad- apply to any commercial vessel that is de- the date of such determination; or ministrator, shall publish a draft policy let- signed, constructed, or adapted to carry bal- (ii) not later than 5 years after the date of ter, based on the best available science, de- last water while such commercial vessel is such determination. scribing type approval testing methods and operating in navigable waters of the United (E) COMPLIANCE DEADLINE.—A class of com- protocols for ballast water management sys- States. mercial vessels that is required by the Sec- tems that may be used in addition to the (2) EXEMPTED VESSELS.—Subsection (a) retary to comply with subsection (a) under methods established in subpart 162.060 of shall not apply to a commercial vessel— the special rules established by subparagraph title 46, Code of Federal Regulations (or (A) that continuously takes on and dis- (C) of this subsection shall comply with the similar successor regulations)— charges ballast water in a flow-through sys- ballast water discharge standard— (A) to measure the concentration of orga- tem, if such system does not introduce (i) after completion of the first scheduled nisms in ballast water that are capable of re- aquatic nuisance species into navigable vessel dry docking that commences on or production; waters of the United States, as determined after the date that is 3 years after the date (B) to certify the performance of each bal- by the Secretary; that the Secretary requires compliance last water management system under this (B) in the National Defense Reserve Fleet under subparagraph (C), for a vessel built on section; and that is scheduled for disposal, if the vessel or before the date that is 3 years after date (C) to certify laboratories to evaluate such does not have ballast water management the Secretary terminates such exemption; or treatment technologies. systems or the ballast water management (ii) upon entry into the navigable waters of (2) PUBLIC COMMENT.—The Secretary shall systems of the vessel are inoperable; the United States for a vessel that is built provide for a period of not more than 60 days (C) that discharges ballast water con- after the date that is 3 years after the date for the public to comment on the draft pol- sisting solely of water taken aboard from a the Secretary requires compliance under icy letter published under paragraph (1). public or commercial source that, at the subparagraph (C) for such class of vessels. (3) FINAL POLICY.— time the water is taken aboard, meets the (F) REPORT.—Not less than 60 days after a (A) IN GENERAL.—Not later than 150 days applicable regulations or permit require- determination by the Secretary under sub- after the date of the enactment of this Act, ments for such source under the Safe Drink- paragraph (C)(iv), the Secretary shall pro- the Secretary, in coordination with the Ad- ing Water Act (42 U.S.C. 300f et seq.); vide a report to the Committee on Com- ministrator, shall publish a final policy let- (D) in an alternative compliance program merce, Science, and Transportation of the established pursuant to subsection (c); ter describing type approval testing methods Senate and the Committee on Transpor- (E) that carries all of its permanent ballast for ballast water management systems capa- tation and Infrastructure of the House of water in sealed tanks that are not subject to ble of measuring the concentration of orga- Representatives describing how the costs discharge; or nisms in ballast water that are capable of re- (F) uses other liquid or material as ballast were considered in the assessment required production based on the best available and does not discharge ballast overboard. by that subparagraph. science that may be used in addition to the ECEPTION ACILITIES RANSFER (3) VESSELS OPERATING EXCLUSIVELY WITHIN (c) R F ; T methods established in subpart 162.060 of THE GREAT LAKES AND SAINT LAWRENCE STANDARDS.—The Secretary, in coordination title 46, Code of Federal Regulations (or RIVER.— with the Administrator, may promulgate similar successor regulations). (A) IN GENERAL.—A commercial vessel that standards for the arrangements necessary on (B) REVISIONS.—The Secretary shall revise operates exclusively within the Great Lakes a vessel to transfer ballast water to a facil- the final policy letter published under sub- and Saint Lawrence River shall be subject to ity. paragraph (A) as additional testing methods subsection (a). SEC. ll05. APPROVAL OF BALLAST WATER MAN- are determined by the Secretary, in coordi- (B) TRANSITION.—Notwithstanding subpara- AGEMENT SYSTEMS. nation with the Administrator, to be capable graph (A), a commercial vessel that operates (a) BALLAST WATER MANAGEMENT SYSTEMS of measuring the concentration of organisms exclusively within the Great Lakes and THAT RENDER ORGANISMS NONVIABLE.—Not- in ballast water that are capable of reproduc- Saint Lawrence River that is not required to withstanding chapter 5 of title 5, United tion. comply with the ballast water discharge States Code, part 151 of title 33, Code of Fed- (C) CONSIDERATIONS.—In developing a pol- standard on the day before the date of enact- eral Regulations (or similar successor regu- icy letter under this paragraph, the Sec- ment of this Act shall transition into com- lations), and part 162 of title 46, Code of Fed- retary, in coordination with the Adminis- pliance with subsection (a) under the special eral Regulations (or similar successor regu- trator— rules established in subparagraph (C) of this lations), a ballast water management system (i) shall consider a testing method that subsection: that renders nonviable organisms in ballast uses organism grow out and most probable (C) SPECIAL RULES.—The Secretary shall water at the concentrations prescribed in the number statistical analysis to determine the require a class of commercial vessels de- ballast water discharge standard shall be ap- concentration of organisms in ballast water scribed in subparagraph (B) of this sub- proved by the Secretary, if— that are capable of reproduction; and section to comply with subsection (a) only if (1) such system— (ii) shall not consider a testing method the Secretary— (A) undergoes type approval testing at an that relies on a staining method that meas- (i) approves a ballast water management independent laboratory designated by the ures the concentration of organisms greater system for such class of commercial vessels Secretary under such regulations; and than or equal to 10 micrometers and orga- under section ll05 of this title or subpart (B) meets the requirements of subpart nisms less than or equal to 50 micrometers. 162.060 of title 46, Code of Federal Regula- 162.060 of title 46, Code of Federal Regula- SEC. ll06. REVIEW AND RAISING OF BALLAST tions (or similar successor regulation); tions (or similar successor regulations), WATER DISCHARGE STANDARD. (ii) determines that such ballast water other than the requirements related to stain- (a) STRINGENCY REVIEWS.— management system meets the operationally ing methods or measuring the concentration (1) SIX-YEAR REVIEW.— practicable criteria described in section of living organisms; and (A) IN GENERAL.—Not later than January 1, ll06 with respect to such class of commer- (2) such laboratory uses a testing method 2024, and subject to petitions for review cial vessels complying with the ballast water described in a final policy letter published under paragraph (3), the Secretary, in con- discharge standard; under subsection (c)(3). currence with the Administrator, shall com- (iii) determines that requiring such class of (b) PROHIBITION ON BIOCIDES.—The Sec- plete a review to determine whether, based commercial vessels to comply with the bal- retary shall not approve a ballast water on the application of the best available tech- last water discharge standard is operation- management system under subsection (a) or nology economically achievable and oper- ally practicable for such class of commercial subpart 162.060 of title 46, Code of Federal ationally practicable, the ballast water dis- vessels; and Regulations (or similar successor regula- charge standard can be revised such that bal- (iv) in coordination with the Adminis- tions), if such system— last water discharged in the normal oper- trator, conducts a probabilistic assessment (1) uses a biocide or generates a biocide ation of a vessel contains— of the benefits to the environment and the that is a pesticide, as defined in section 2 of (i) less than 1 organism that is living or costs to industry of compliance with sub- the Federal Insecticide, Fungicide, and has not been rendered nonviable per 10 cubic section (a) by such class of commercial ves- Rodenticide Act (7 U.S.C. 136), unless the meters that is 50 or more micrometers in sels and determines that such benefits ex- biocide is registered under that Act or the minimum dimension; ceed such costs. Administrator has approved the use of the (ii) less than 1 organism that is living or (D) RECONSIDERATION.—If the Secretary de- biocide in such ballast water management has not been rendered nonviable per 10 milli- termines under subparagraph (C)(iv) that system; or liters that is less than 50 micrometers in

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minimum dimension and more than 10 mi- (A) IN GENERAL.—The Governor of a State date on which such rule is published in the crometers in minimum dimension; may submit a petition requesting the Sec- Federal Register; and (iii) concentrations of indicator microbes retary to conduct a review under paragraph (B) for the owner or operator of a commer- that are less than— (1) or (2) if there is new information that cial vessel that is constructed or completes a (I) 1 colony-forming unit of toxicogenic could reasonably indicate the ballast water major conversion on or after the date that is Vibrio cholera (serotypes O1 and O139) per discharge standard could be made more 3 years after the date on which such rule is 100 milliliters or less than 1 colony-forming stringent to reduce the risk of the introduc- published in the Federal Register, a deadline unit of that microbe per gram of wet weight tion or establishment of aquatic nuisance to comply with the revised ballast water dis- of zoological samples; species. charge standard that is the first day on (II) 126 colony-forming units of escherichia (B) TIMING.—A Governor may not submit a which such commercial vessel operates in coli per 100 milliliters; and petition under subparagraph (A) during the navigable waters of the United States. (III) 33 colony-forming units of intestinal 1-year period following the date of comple- (2) VESSEL SPECIFIC COMPLIANCE DEAD- enterococci per 100 milliliters; and tion of a review under paragraph (1) or (2). LINES.—The Secretary may establish a dead- (iv) concentrations of such additional indi- (C) REQUIRED INFORMATION.—A petition line for compliance by a commercial vessel cator microbes and of viruses as may be submitted to the Secretary under subpara- (or a class, type, or size of commercial ves- specified in regulations issued by the Sec- graph (A) shall include— sel) with a revised ballast water discharge retary, in consultation with the Adminis- (i) a proposed ballast water discharge standard that is different than the general trator and such other Federal agencies as standard that would result in a reduction in deadline established under paragraph (1). the Secretary and the Administrator con- the risk of the introduction or establishment (3) EXTENSIONS.—The Secretary shall es- sider appropriate. of aquatic nuisance species; tablish a process for an owner or operator to (B) ALTERNATIVE REVISED STANDARD.—If (ii) information regarding any ballast submit an application to the Secretary for the Secretary, in concurrence with the Ad- water management systems that may an extension of a compliance deadline estab- ministrator, finds— achieve the proposed ballast water discharge lished under paragraphs (1) and (2). (i) that the ballast water discharge stand- standard; (4) APPLICATION FOR EXTENSION.—An owner ard cannot be revised to reflect the level of (iii) the scientific and technical informa- or operator shall submit an application for stringency set forth in subparagraph (A), the tion on which the petition is based, including an extension under paragraph (3) not less Secretary, in concurrence with the Adminis- a description of the risk reduction that than 90 days prior to the applicable compli- trator, shall determine whether the applica- would result from the proposed ballast water ance deadline established under paragraph tion of the best available technology eco- discharge standard included under clause (i); (1) or (2). nomically achievable and operationally prac- and (5) FACTORS.—In reviewing an application ticable would result in a reduction of the (iv) any additional information the Sec- under this subsection, the Secretary shall risk of introduction or establishment of retary considers appropriate. consider, with respect to the ability of an aquatic nuisance species such that the bal- owner or operator to meet a compliance (D) PUBLIC AVAILABILITY.—Upon receiving last water discharge standard can be revised a petition under subparagraph (A), the Sec- deadline— to be more stringent than the standard set retary shall make publicly available a copy (A) whether the ballast water management forth in section 151.2030 or 151.1511 of title 33, of the petition, including the information in- system to be installed, if applicable, is avail- Code of Federal Regulations, as in effect on able in sufficient quantities to meet the cluded under subparagraph (C). the date of the enactment of this Act; or compliance deadline; (E) TREATMENT OF MORE THAN ONE PETITION (ii) that the application of best available (B) whether there is sufficient shipyard or AS A SINGLE PETITION.—The Secretary may technology economically achievable and other installation facility capacity; treat more than one petition submitted operationally practicable would result in a (C) whether there is sufficient availability under subparagraph (A) as a single such peti- reduction of the risk of introduction or es- of engineering and design resources; tion. tablishment of aquatic nuisance species such (D) commercial vessel characteristics, such (F) AUTHORITY TO REVIEW.—After receiving that the ballast water discharge standard as engine room size, layout, or a lack of in- a petition that meets the requirements of can be revised to be more stringent than the stalled piping; this paragraph, the Secretary, in concur- standard under subparagraph (A) with re- (E) electric power generating capacity spect to a class of vessels, the Secretary, in rence with the Administrator, may conduct aboard the commercial vessel; concurrence with the Administrator, shall a review under paragraph (1) or (2) as the (F) the safety of the commercial vessel and determine which revisions to the ballast Secretary, in concurrence with the Adminis- crew; and water discharge standard shall be made for trator, determines appropriate. (G) any other factor that the Secretary de- that class of vessels to incorporate such (4) ISSUANCE OF REVISED BALLAST WATER termines appropriate. DISCHARGE STANDARD more stringent standard. .—The Secretary shall (6) CONSIDERATION OF EXTENSIONS.— (C) OPERATIONALLY PRACTICABLE.—In deter- issue a rule to revise the ballast water dis- (A) DETERMINATIONS.—The Secretary shall mining operational practicability under this charge standard if the Secretary, in concur- approve or deny an application for an exten- subsection, the Secretary, in concurrence rence with the Administrator, determines on sion of a compliance deadline submitted by with the Administrator, shall consider— the basis of the review under paragraph (1) or an owner or operator under this subsection. (i) whether a ballast water management (2) that— (B) DEADLINE.—The Secretary shall— system is— (A) a ballast water management system (i) acknowledge receipt of an application (I) effective and reliable in the shipboard that is capable of achieving the ballast water for an extension submitted under paragraph environment; discharge standard as proposed to be revised (4) not later than 30 days after the date of re- (II) compatible with the design and oper- is the best available technology economi- ceipt of the application; and ation of a commercial vessel by class, type, cally achievable and operationally prac- (ii) to the extent practicable, approve or and size; ticable; and deny such an application not later than 90 (III) commercially available; and (B) testing protocols can be practicably days after the date of receipt of the applica- (IV) safe; implemented that can assure accurate meas- tion. (ii) whether testing protocols can be prac- urement of compliance with the ballast (C) FAILURE TO REVIEW.—If the Secretary ticably implemented that can assure accu- water discharge standard as proposed to be does not approve or deny an application de- rate measurement of compliance with the revised. scribed in subparagraph (A) on or before the ballast water discharge standard as proposed (5) REQUIREMENT.—Any revised ballast last day of the 90-day period beginning on to be revised; and water discharge standard issued in the rule the date of submission of the petition, the (iii) other criteria that the Secretary, in under paragraph (4) shall be more stringent petition shall be conditionally approved. concurrence with Administrator, considers than the ballast water discharge standard it (7) PERIOD OF EXTENSIONS.—An extension appropriate. replaces. granted to an owner or operator under para- (2) TEN-YEAR REVIEWS.—Not later than Jan- (6) STANDARD NOT REVISED.—If the Sec- graph (3)— uary 1, 2034, not less frequently than every 10 retary, in concurrence with the Adminis- (A) may be granted for an initial period of years thereafter, and subject to petitions for trator, determines that the requirements of not more than 18 months; review under paragraph (3), the Secretary, in this subsection have not been satisfied, the (B) may be renewed for additional periods concurrence with the Administrator, shall Secretary shall publish a description of how of not more than 18 months each; and conduct a review to determine whether the such determination was made. (C) may not be in effect for a total of more application of the best available technology (b) REVISED BALLAST WATER DISCHARGE than 5 years. economically achievable and operationally STANDARD EFFECTIVE DATE AND COMPLIANCE (8) PERIOD OF USE OF INSTALLED BALLAST practicable as described in paragraph (1)(C) DEADLINE.— WATER MANAGEMENT SYSTEM.— results in a reduction in the risk of the in- (1) IN GENERAL.—If the Secretary issues a (A) IN GENERAL.—Subject to subparagraph troduction or establishment of aquatic nui- rule to revise the ballast water discharge (B), an owner or operator shall be considered sance species such that the ballast water dis- standard under subsection (a), the Secretary to be in compliance with the ballast water charge standard can be revised to be more shall include in such rule— discharge standard if— stringent. (A) an effective date for the revised ballast (i) the ballast water management system (3) STATE PETITIONS FOR REVIEW.— discharge standard that is 3 years after the installed on the commercial vessel complies

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(B) LIMITATION.—Subparagraph (A) shall tion with the Task Force and the Smithso- (2) PART 6 CONDITIONS.—Except as provided cease to apply with respect to a commercial nian Institution (acting through the Smith- in section ll09(c) and notwithstanding vessel after— sonian Environmental Research Center), the paragraph (1) and any other provision of law, (i) the expiration of the service life of the Secretary shall prepare and submit to the the terms and conditions of Part 6 of the ballast water management system of the Task Force and the appropriate committees General Permit (relating to specific require- commercial vessel, as determined by the of Congress and make available to the pub- ments for individual States or Indian coun- Secretary; lic, on a biennial basis not later than 180 try lands) shall expire on the implementa- (ii) the expiration of the service life of the days from the end of each odd numbered cal- tion date under subsection (a)(3). endar year, a report that synthesizes and commercial vessel, as determined by the (c) APPLICATION TO CERTAIN VESSELS.— analyzes the data referred to in paragraph (1) Secretary; or (1) APPLICATION OF FEDERAL WATER POLLU- for the previous 2 years to evaluate nation- (iii) the completion of a major conversion TION CONTROL ACT.—No permit shall be re- wide status and trends relating to— of the commercial vessel. quired under section 402 of the Federal Water ‘‘(A) ballast water delivery and manage- Pollution Control Act (33 U.S.C. 1342) or pro- SEC. ll07. NATIONAL BALLAST INFORMATION ment; and hibition enforced under any other provision CLEARINGHOUSE. ‘‘(B) invasions of aquatic nuisance species of law for, nor shall any best management resulting from ballast water. Subsection (f) of section 1102 of the Non- practice regarding a discharge incidental to ‘‘(5) WORKING GROUP.—Not later than 1 year indigenous Aquatic Nuisance Prevention and the normal operation of a commercial vessel after the date of the enactment of the Vessel Control Act of 1990 (16 U.S.C. 4712(f)) is under this title apply to, a discharge inci- amended to read as follows: Incidental Discharge Act, the Secretary shall establish a working group that includes dental to the normal operation of a commer- ‘‘(f) NATIONAL BALLAST INFORMATION members from the National Ballast Informa- cial vessel if the commercial vessel— CLEARINGHOUSE.— tion Clearinghouse and States with ballast (A) is less than 79 feet in length; or ‘‘(1) IN GENERAL.—The Secretary shall de- water management programs to establish a (B) is a fishing vessel, including a fish velop and maintain, in consultation and co- process for compiling and readily sharing processing vessel or fish tender vessel (as operation with the Task Force and the Federal and State commercial vessel report- such terms are defined in section 2101 of title Smithsonian Institution (acting through the ing and enforcement data regarding compli- 46, United States Code). Smithsonian Environmental Research Cen- ance with this Act. (2) APPLICATION OF GENERAL PERMIT AND ter), a National Ballast Information Clear- ‘‘(6) APPROPRIATE COMMITTEES OF CONGRESS SMALL VESSEL GENERAL PERMIT.—The terms inghouse of national data concerning— DEFINED.—In this subsection, the term ‘ap- and conditions of the General Permit and the ‘‘(A) ballasting practices; propriate committees of Congress’ means the Small Vessel General Permit shall cease to ‘‘(B) compliance with the guidelines issued Committee on Commerce, Science, and apply to vessels described in subparagraphs pursuant to section 1101(c); and Transportation of the Senate and the Com- (A) and (B) of paragraph (1) on and after the ‘‘(C) any other information obtained by the mittee on Transportation and Infrastructure date of the enactment of this Act. Task Force pursuant to subsection (b). of the House of Representatives.’’. (d) REVIEW AND REVISION.—The Secretary, ‘‘(2) BALLAST WATER REPORTING REQUIRE- SEC. ll08. REQUIREMENTS FOR DISCHARGES in concurrence with the Administrator and MENTS.— INCIDENTAL TO THE NORMAL OPER- in consultation with the States, shall— ‘‘(A) IN GENERAL.—The owner or operator ATION OF A COMMERCIAL VESSEL. (1) review the practices and standards es- of a commercial vessel subject to this title (a) MANAGEMENT OF INCIDENTAL DISCHARGE tablished under subsection (a) not less fre- shall submit the current ballast water man- FOR COMMERCIAL VESSELS.— quently than once every 10 years; and agement report form approved by the Office (1) IN GENERAL.—Not later than 2 years (2) revise such practices consistent with of Management and Budget (OMB 1625–0069 after the date of the enactment of this Act, the elements described in paragraph (2) of or a subsequent form) to the National Bal- the Secretary, in concurrence with the Ad- such subsection. last Information Clearinghouse not later ministrator and in consultation with the (e) STATE PETITION FOR REVISION OF BEST than 6 hours after the arrival of such vessel States, shall publish a final rule in the Fed- MANAGEMENT PRACTICES.— at a United States port or place, unless such eral Register that establishes best manage- (1) IN GENERAL.—The Governor of a State vessel is operating exclusively on a voyage ment practices for discharges incidental to may submit a petition to the Secretary re- between ports or places within a single Cap- the normal operation of a commercial vessel questing that the Secretary, in concurrence tain of the Port Zone. for commercial vessels that— with the Administrator, revise a best man- ‘‘(B) MULTIPLE DISCHARGES WITHIN A SINGLE (A) are greater than or equal to 79 feet in agement practice established under sub- PORT.—The owner or operator of a commer- length; section (a) if there is new information that cial vessel subject to this title may submit a (B) are not fishing vessels, including fish could reasonably indicate that— single report under subparagraph (A) for processing vessels and fish tender vessels (as (A) revising the best management practice multiple ballast water discharges within a such terms are defined in section 2101 of title would— single port during the same voyage. 46, United States Code); and (i) mitigate the adverse impacts on the ma- ‘‘(C) ADVANCED REPORT TO STATES.—A (C) are not subject to the best management rine environment from discharges incidental State may require the owner or operator of practices required under section ll09. to the normal operation of a commercial ves- a commercial vessel subject to this title to (2) ELEMENTS.—The best management prac- sel or from aquatic invasive species; and submit directly to the State a ballast water tices established under paragraph (1) shall— (ii) reduce the adverse effects on navigable management report form— (A) mitigate the adverse impacts on the waters of the United States of discharges in- ‘‘(i) not later than 24 hours prior to arrival marine environment from discharges inci- cidental to the normal operation of a com- at a United States port or place of destina- dental to the normal operation of a commer- mercial vessel; and tion if the voyage of such vessel is antici- cial vessel and aquatic invasive species; (B) the revised best management practice pated to exceed 24 hours; or (B) use marine pollution control devices would be economically achievable and oper- ‘‘(ii) before departing the port or place of when appropriate; ationally practicable. departure if the voyage of such vessel is not (C) be economically achievable and oper- (2) REQUIRED INFORMATION.—A petition sub- anticipated to exceed 24 hours. ationally practicable; and mitted to the Secretary under paragraph (1) ‘‘(3) COMMERCIAL VESSEL REPORTING DATA.— (D) not compromise the safety of a com- shall include— ‘‘(A) DISSEMINATION TO STATES.—Upon re- mercial vessel. (A) the scientific and technical informa- ceiving submission of a ballast water man- (3) IMPLEMENTATION.—The Secretary shall tion on which the petition is based; and agement report required under paragraph (2), implement the best management practices (B) any additional information the Sec- the National Ballast Information Clearing- established by final rule under paragraph (1) retary and Administrator consider appro- house shall— not later than 60 days after the date on priate.

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(3) PUBLIC AVAILABILITY.—Upon receiving a they do not conflict with section ll04(b), (i) PUBLIC AVAILABILITY.—The Secretary petition under paragraph (1), the Secretary the best management practices described by shall make publicly available any deter- shall make publicly available a copy of the the sections in Part 6 of the General Permit mination made under this section. petition, including the information included applicable to the Great Lakes States that SEC. ll10. JUDICIAL REVIEW. under paragraph (2). are applicable to commercial vessels de- (a) IN GENERAL.—A person may file a peti- (4) TREATMENT OF MORE THAN ONE PETITION scribed in subsection (a) shall expire on the tion for review of a final rule or a final agen- AS A SINGLE PETITION.—The Secretary may date on which the best management prac- cy action issued under this title in the treat more than one petition submitted tices described in subsection (a) are imple- United States Court of Appeals for the Dis- under paragraph (1) as a single petition. mented under subsection (g)(1). trict of Columbia Circuit. (5) REVISION OF BEST MANAGEMENT PRAC- (d) OUTREACH.—The Secretary shall solicit (b) DEADLINE.— TICES.—If, after reviewing a petition sub- recommendations and information from the (1) IN GENERAL.—A petition shall be filed mitted by a Governor under paragraph (1), Great Lakes States, Indian Tribes, owners under this section not later than 120 days the Secretary, in concurrence with the Ad- and operators of vessels described in sub- after the date on which the final rule to be ministrator, determines that revising a best section (a), and other persons that the Sec- reviewed is published in the Federal Register management practice would mitigate the ad- retary considers appropriate in developing or the final agency action is issued, as the verse impacts on the marine environment best management practices under subsection case may be. from discharges incidental to the normal op- (a). (2) EXCEPTION.—Notwithstanding para- eration of a commercial vessel or from (e) REVIEW AND REVISION OF BEST PRAC- graph (1), a petition that is based solely on aquatic invasive species, the Secretary, in TICES.—Not less frequently than once every 5 grounds that arise after the deadline to file concurrence with the Administrator and in years, the Secretary, in coordination with a petition under paragraph (1) has passed consultation with the States, shall revise the Administrator, shall review the best may be filed not later than 120 days after the such practice consistent with the elements management practices established under date on which such grounds first arise. described in subsection (a)(2). subsection (a) and revise such practices by SEC. ll11. STATE ENFORCEMENT. (f) REPEAL OF NO PERMIT REQUIREMENT.— rule published in the Federal Register con- (a) STATE AUTHORITIES.— Public Law 110–299 (33 U.S.C. 1342 note) is sistent with subsections (b) and (d). (1) IN GENERAL.—Not later than 60 days amended by striking section 2. (f) REVISED PRACTICES BY STATE PETI- after the date of the enactment of this Act, SEC. ll09. BEST MANAGEMENT PRACTICES FOR TION.— the Secretary, in coordination with the Gov- GREAT LAKES VESSELS. (1) IN GENERAL.—The Governor of a Great ernors of the States, shall develop and pub- (a) IN GENERAL.—Not later than 2 years Lakes State may petition the Secretary to after the date of enactment of this Act, the lish Federal and State inspection, data man- revise the best management practices estab- Secretary, in concurrence with the Adminis- agement, and enforcement procedures for the lished under subsection (a), including by em- trator, shall publish a final rule in the Fed- enforcement of standards and requirements ploying additional best management prac- eral Register that establishes best manage- under this title by States. tices, consistent with the elements described ment practices for— (2) PROCEDURES.—Procedures developed in subsection (b), to address new and emerg- (1) ballast water for commercial vessels op- and published under paragraph (1)— ing aquatic nuisance species or pollution erating in navigable waters of the United (A) may be periodically updated; threats, implement more effective practices, States within the Great Lakes and Saint (B) shall describe the conditions and proce- or update guidelines to harmonize require- Lawrence River; and dures under which the Secretary may sus- ments on owners and operators of commer- (2) discharges incidental to the normal op- pend the agreement described in paragraph cial vessels described in subsection (a). eration of a commercial vessel in navigable (3); and (2) DETERMINATION.— waters of the United States for commercial (C) shall have a mechanism for the Sec- (A) IN GENERAL.—Not later than 180 days vessels operating in the Great Lakes and retary to provide to the Governor of a State, after receiving a petition under paragraph Saint Lawrence River that— if requested by the Governor, access to Auto- (1), the Secretary, in coordination with the (A) are greater than or equal to 79 feet in mated Identification System arrival data for Administrator, shall determine which, if length; and inbound vessels to specific ports or places of any, best management practices included in (B) are not fishing vessels, including fish destination in the State. such petition shall be required of commer- processing vessels and fish tender vessels (as (3) STATE ENFORCEMENT.—The Secretary cial vessels described in subsection (a). such terms are defined in section 2101 of title shall enter into an agreement with the Gov- (B) CONSULTATION.—The Secretary shall 46, United States Code). ernor of a State to authorize the State to in- (b) ELEMENTS.—The Secretary, in concur- consult with the Governors of other Great spect vessels to enforce the provisions of this rence with the Administrator and in con- Lakes States and owners or operators of title in accordance with the procedures de- sultation with the Governors of the Great commercial vessels that would be subject to veloped under paragraph (1). Lakes States and the owners or operators of best management practices pursuant to (b) FEES.— commercial vessels described in subsection paragraph (1) before making a determination (1) IN GENERAL.—Subject to paragraphs (2), (a), shall ensure that the best management under subparagraph (A). (3), and (4), a State that assesses a permit practices established under subsection (a)— (3) TREATMENT OF PETITION.—The Secretary fee, inspection fee, or other fee related to the (1) mitigate the adverse impacts on the may treat more than one petition submitted regulation of ballast water or a discharge in- marine environment from discharges inci- under paragraph (1) as a single petition. cidental to the normal operation of a com- dental to the normal operation of a commer- (4) PUBLIC AVAILABILITY.—The Secretary mercial vessel before the date of the enact- cial vessel and aquatic invasive species; shall make publicly available a petition and ment of this Act may assess a fee to cover (2) use marine pollution control devices any supporting documentation submitted the costs of program administration, inspec- when appropriate; under paragraph (1) for not less than 60 days tion, and enforcement activities by the (3) are economically achievable and oper- prior to approving or disapproving such peti- State. ationally practicable; tion. (2) MAXIMUM FEE.—Except as provided in (4) do not compromise the safety of a com- (g) IMPLEMENTATION.— paragraph (3), a State may assess a fee under mercial vessel; and (1) IN GENERAL.—The Secretary shall im- this subsection of not more than $1,000 per (5) to the extent possible, apply consist- plement the best management practices es- qualifying voyage to the owner or operator ently to all navigable waters of the United tablished by final rule under subsection (a) of a commercial vessel arriving at a port or States within the Great Lakes and Saint not later than 60 days after the date on place of destination in the State. Lawrence River. which the final rule is published in the Fed- (3) COMMERCIAL VESSELS ENGAGED IN COAST- (c) TRANSITION.— eral Register as required by such subsection. WISE TRADE.—A State may not assess more (1) IN GENERAL.—Notwithstanding the expi- (2) IMPLEMENTATION OF PRACTICES BY STATE than $5,000 in fees per vessel each year to the ration date for the General Permit and to PETITION.—Not later than 90 days after mak- owner or operator of a commercial vessel the extent to which they do not conflict with ing a determination under subsection (f)(2), registered under the laws of the United section ll04(b), the following best manage- the Secretary shall, by rule published in the States and lawfully engaged in the coastwise ment practices applicable to commercial ves- Federal Register, require commercial vessels trade. sels described in subsection (a) shall remain that would be subject to the revised best (4) ADJUSTMENT FOR INFLATION.—A State in effect until the date on which the best management practices described in such sub- may adjust a fee authorized by this sub- management practices described in such sub- section to implement such practices. section every 5 years to reflect the percent- section are implemented under subsection (h) EMERGENCY BEST MANAGEMENT PRAC- age by which the Consumer Price Index for (g)(1): TICES.—The Secretary, in concurrence with all urban consumers published by the De- (A) Best management practices required by the Administrator, may establish emergency partment of Labor for the month of October Part 2 of the General Permit. best management practices if the Secretary, immediately preceding the date of adjust- (B) Such other practices as required by the in concurrence with the Administrator, de- ment exceeds the Consumer Price Index for Secretary. termines that such emergency best manage- all urban consumers published by the De- (2) PART 6 BEST MANAGEMENT PRACTICES.— ment practices are necessary to reduce the partment of Labor for the month of October Notwithstanding the expiration date for the risk of introduction or establishment of that immediately precedes the date that is 5 General Permit and to the extent to which aquatic nuisance species. years before the date of adjustment.

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(5) QUALIFYING VOYAGE.—In this sub- 4725) is amended by adding at the end the fol- (B) PROHIBITION ON FUNDING LITIGATION.—A section, the term ‘‘qualifying voyage’’ means lowing: ‘‘Ballast water and discharges inci- grant awarded under the Program may not a vessel arrival at a port or place of destina- dental to the normal operation of a commer- be used to fund litigation in any matter. tion in a State by a commercial vessel that cial vessel, as such terms are defined in the (5) ADMINISTRATION.—Not later than 90 has operated outside of that State and ex- Vessel Incidental Discharge Act, shall be days after the date of enactment of this Act, cludes movement entirely within a single regulated pursuant to such Act.’’. the Foundation, in consultation with the port or place of destination. Secretary of Commerce, shall establish the SEC. ll13. QUAGGA MUSSEL. (c) EFFECT ON STATE AUTHORITY.—Except following: as provided in subsection (a) and as nec- The Secretary of the Interior shall pre- (A) Application and review procedures for essary to implement an agreement entered scribe by regulation that the quagga mussel awarding grants under the Program. into under such subsection, no State or po- (Dreissena rostriformis bugensis) is a species (B) Approval procedures for awarding litical subdivision thereof may adopt or en- that is injurious under section 42 of title 18, grants under the Program. Such procedures force any statute, regulation, or other re- United States Code. shall require consultation with the Sec- quirement of the State or political subdivi- SEC. ll14. COASTAL AQUATIC INVASIVE SPE- retary of the Interior and the Administrator. sion with respect to— CIES MITIGATION GRANT PROGRAM (C) Performance accountability and moni- (1) a discharge into navigable waters of the AND MITIGATION FUND. toring measures for activities funded by a United States from a commercial vessel of (a) COASTAL AQUATIC INVASIVE SPECIES grant awarded under the Program. ballast water; or MITIGATION GRANT PROGRAM.— (D) Procedures and methods to ensure ac- (2) a discharge into navigable waters of the (1) DEFINITIONS.—In this subsection: curate accounting and appropriate adminis- United States incidental to the normal oper- (A) COASTAL ZONE.—The term ‘‘coastal tration of grants awarded under the Pro- ation of a commercial vessel. zone’’ has the meaning given the term in sec- gram, including standards of record keeping. (d) PRESERVATION OF AUTHORITY.—Nothing tion 304 of the Coastal Zone Management Act (6) MATCHING REQUIREMENT.—Each eligible in this title may be construed as affecting of 1972 (16 U.S.C. 1453). entity awarded a grant under the Program to the authority of a State or political subdivi- (B) ELIGIBLE ENTITY.—The term ‘‘eligible carry out an activity shall provide matching sion thereof to adopt or enforce any statute, entity’’ means a State government, local funds to carry out such activity, in cash or regulation, or other requirement with re- government, Indian Tribe, nongovernmental through in-kind contributions from sources spect to any water or other substance dis- organization, or academic institution. other than the Federal Government, in an charged or emitted from a vessel in prepara- (C) EXCLUSIVE ECONOMIC ZONE.—The term amount equal to 50 percent of the cost of tion for transport of the vessel by land from ‘‘Exclusive Economic Zone’’ means the Ex- such activity. one body of water to another body of water. clusive Economic Zone of the United States, (7) FUNDING.—The Secretary of Commerce SEC. ll12. EFFECT ON OTHER LAWS. as established by Presidential Proclamation and the Foundation shall use the amounts (a) APPLICATION OF FEDERAL WATER POLLU- 5030 of March 10, 1983 (16 U.S.C. 1453 note). available in the Coastal Aquatic Invasive TION CONTROL ACT.— (D) FOUNDATION.—The term ‘‘Foundation’’ Species Mitigation Fund established under (1) IN GENERAL.—Except as provided in sec- means the National Fish and Wildlife Foun- subsection (b), to award grants under the tions ll08(b) and ll09(c) of this title, or in dation established by section 2(a) of the Na- Program. section 159.309 of title 33, Code of Federal tional Fish and Wildlife Foundation Estab- (b) COASTAL AQUATIC INVASIVE SPECIES Regulations (or similar successor regula- lishment Act (16 U.S.C. 3701(a)). MITIGATION FUND.— tions), on and after the date of the enact- (E) PROGRAM.—The term ‘‘Program’’ means (1) CREATION OF FUND.—There is established ment of this Act, section 402 of the Federal the Coastal Aquatic Invasive Species Mitiga- in the Treasury of the United States a trust Water Pollution Control Act (33 U.S.C. 1342) tion Grant Program established under para- fund to be known as the ‘‘Coastal Aquatic shall not apply to a discharge into navigable graph (2). Invasive Species Mitigation Fund’’ (referred waters of the United States of ballast water (2) ESTABLISHMENT.—The Secretary of to in this section as the ‘‘Fund’’), consisting from a commercial vessel or a discharge inci- Commerce and the Foundation shall estab- of such amounts as may be appropriated or dental to the normal operation of a commer- lish the Coastal Aquatic Invasive Species credited to the Fund as provided in this sec- cial vessel. Mitigation Grant Program to award grants tion or section 9602 of the Internal Revenue (2) OIL AND HAZARDOUS SUBSTANCE LIABIL- to eligible entities, as described in this sub- Code of 1986. ITY; MARINE SANITATION DEVICES.—Nothing in section. (2) TRANSFERS TO FUND.— this title may be construed as affecting the (3) PURPOSES.—The purposes of the Pro- (A) APPROPRIATION.—There is authorized to application to a commercial vessel of section gram are— be appropriated from the Treasury to the 311 or 312 of the Federal Water Pollution (A) to improve the understanding, preven- Fund each fiscal year an amount equal to Control Act (33 U.S.C. 1321; 1322). tion, and mitigation of, and response to, the penalties assessed under section ll03(b) (b) ESTABLISHED REGIMES.—Notwith- aquatic invasive species in the coastal zone of this title in the prior fiscal year. standing any other provision of this title, and the Exclusive Economic Zone; (B) AUTHORIZATION OF FURTHER APPROPRIA- nothing in this title may be construed as af- (B) to support the prevention and mitiga- TIONS.—There is authorized to be appro- fecting the authority of the Federal Govern- tion of impacts from aquatic invasive species priated to the Fund, in addition to the ment under— in the coastal zone of the United States; and amounts transferred to the Fund under para- (1) the Act to Prevent Pollution from Ships (C) to support the restoration of marine, graph (1), $5,000,000 for each fiscal year. (33 U.S.C. 1901 et seq.) with respect to the estuarine, Pacific Island habitats, and the (3) EXPENDITURES FROM FUND.—Amounts in regulation by the Federal Government of Great Lakes environments in the coastal the Fund shall be available without further any discharge or emission that, on or after zone and the Exclusive Economic Zone that appropriation to the Secretary of Commerce the date of the enactment of this Act, is cov- are impacted by aquatic invasive species. and the National Fish and Wildlife Founda- ered under— (4) USE OF GRANTS.— tion established by section 2(a) of the Na- (A) the Protocol of 1978 Relating to the (A) IN GENERAL.—A grant awarded under tional Fish and Wildlife Foundation Estab- International Convention for the Prevention the Program shall be used for an activity to lishment Act to award grants under the of Pollution from Ships, 1973, with annexes carry out the purposes of the Program, in- Coastal Aquatic Invasive Species Mitigation and protocols, done at London February 17, cluding an activity— Grant Program established under subsection 1978; or (i) to develop and implement procedures (a)(2). (B) title XIV of division B of the Consoli- and programs to prevent, control, mitigate, SEC. ll15. RULES OF CONSTRUCTION. dated Appropriations Act, 2001 (33 U.S.C. 1901 or progressively eradicate aquatic invasive (a) INTERNATIONAL STANDARDS.—Nothing in note); species in the coastal zone or the Exclusive this title may be construed to impose any (2) title X of the Coast Guard Authoriza- Economic Zone, particularly in areas with design, equipment, or operation standard on tion Act of 2010 (33 U.S.C. 3801 et seq.) with high numbers of established aquatic invasive a commercial vessel not documented under respect to the regulation by the Federal Gov- species; the laws of the United States and engaged in ernment of any anti-fouling system that, on (ii) to restore habitat impacted by an innocent passage unless the standard imple- or after the date of the enactment of this aquatic invasive species; ments a generally accepted international Act, is covered under the International Con- (iii) to develop new shipboard and land- rule, as determined by the Secretary. vention on the Control of Harmful Anti-foul- based ballast water treatment system tech- (b) OTHER AUTHORITIES.—Nothing in this ing Systems on Ships, 2001, done at London nologies and performance standards to pre- title may construed as affecting the author- October 5, 2001; and vent the introduction of aquatic invasive ity of the Secretary of Commerce or the Sec- (3) section 312 of the Federal Water Pollu- species; retary of the Interior to administer lands or tion Control Act (33 U.S.C. 1322). (iv) to develop mitigation measures to pro- waters under the administrative control of (c) INTERNATIONAL LAW.—Any action taken tect natural and cultural living resources, the Secretary of Commerce or the Secretary under this title shall be taken in accordance including shellfish, from the impacts of of the Interior. with international law. aquatic invasive species; or (d) CONFORMING AMENDMENT.—Section 1205 (v) to develop mitigation measures to pro- SA 1929. Mr. WICKER submitted an of the Nonindigenous Aquatic Nuisance Pre- tect infrastructure, such as hydroelectric in- amendment intended to be proposed by vention and Control Act of 1990 (16 U.S.C. frastructure, from aquatic invasive species. him to the bill H.R. 1892, to amend title

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SHORT TITLE. (B) EXCLUSION.—The term ‘‘commercial (B) that contains unpumpable residual bal- This title may be cited as the ‘‘Vessel Inci- vessel’’ does not include— last water and sediments. dental Discharge Act’’. (i) a recreational vessel; or (12) EXCHANGE.—The term ‘‘exchange’’ SEC. ll02. DEFINITIONS. (ii) a vessel of the armed forces (as defined means, with respect to ballast water, to re- In this title: in section 312 of the Federal Water Pollution place the water in a ballast water tank using (1) ADMINISTRATOR.—The term ‘‘Adminis- Control Act (33 U.S.C. 1322)). one of the following methods: trator’’ means the Administrator of the En- (10) DISCHARGE INCIDENTAL TO THE NORMAL (A) Flow-through exchange, in which bal- vironmental Protection Agency. OPERATION OF A COMMERCIAL VESSEL.— last water is flushed out by pumping in mid- (2) AQUATIC NUISANCE SPECIES.—The term (A) IN GENERAL.—The term ‘‘discharge inci- ocean water at the bottom of the tank and ‘‘aquatic nuisance species’’ means a non- dental to the normal operation of a commer- continuously overflowing the tank from the indigenous species (including a pathogen, cial vessel’’ means— top until 3 full volumes of water has been microbe, or virus) that threatens the diver- (i) a discharge into navigable waters of the changed to minimize the number of original sity or abundance of native species or the ec- United States from a commercial vessel of— organisms remaining in the tank. ological stability of waters of the United (I)(aa) graywater, bilge water, cooling (B) Empty and refill exchange, in which States, or commercial, agricultural, water, oil water separator effluent, anti-foul- ballast water taken on in ports, estuarine aquacultural, or recreational activities de- ing hull coating leachate, boiler or econo- waters, or territorial waters is pumped out pendent on such waters. mizer blowdown, byproducts from cathodic until the pump loses suction, after which the (3) BALLAST WATER.— protection, controllable pitch propeller and ballast tank is refilled with mid-ocean (A) IN GENERAL.—The term ‘‘ballast water’’ thruster hydraulic fluid, distillation and re- water. means any water and suspended matter verse osmosis brine, elevator pit effluent, (13) GENERAL PERMIT.—The term ‘‘General taken on board a commercial vessel— firemain system effluent, freshwater layup Permit’’ means the ‘‘Final National Pollut- (i) to control or maintain trim, draught, effluent, gas turbine wash water, motor gas- ant Discharge Elimination System (NPDES) stability, or stresses of the commercial ves- oline and compensating effluent, refrigera- General Permit for Discharges Incidental to sel, regardless of how such water and matter tion and air condensate effluent, seawater the Normal Operation of a Vessel’’ noticed in is carried; or piping biofouling prevention substances, the Federal Register on April 12, 2013 (78 Fed. (ii) during the cleaning, maintenance, or boat engine wet exhaust, sonar dome efflu- Reg. 21938). other operation of a ballast tank or ballast ent, exhaust gas scrubber wash water, or (14) GREAT LAKES STATES.—The term water management system of the commer- stern tube packing gland effluent; or ‘‘Great Lakes States’’ means Illinois, Indi- cial vessel. (bb) any other pollutant associated with ana, Michigan, Minnesota, New York, Ohio, (B) EXCLUSIONS.—The term ‘‘ballast water’’ the operation of a marine propulsion system, Pennsylvania, and Wisconsin. does not include any substance that is added shipboard maneuvering system, habitability (15) INDIAN TRIBE.—The term ‘‘Indian to water described in subparagraph (A) that system, or installed major equipment, or tribe’’ has the meaning given that term in is directly related to the operation of a prop- from a protective, preservative, or absorp- section 4(e) of the Indian Self-Determination erly functioning ballast water management tive application to the hull of a commercial and Education Assistance Act (25 U.S.C. system. vessel; 5304(e)). (4) BALLAST WATER DISCHARGE STANDARD.— (II) deck runoff, deck washdown, above the (16) MAJOR CONVERSION.—The term ‘‘major The term ‘‘ballast water discharge standard’’ waterline hull cleaning effluent, aqueous conversion’’ has the meaning given that means— film forming foam effluent, chain locker ef- term in section 2101(14a) of title 46, United (A) the numerical ballast water discharge fluent, non-oily machinery wastewater, un- States Code. standard set forth in section 151.2030 of title derwater ship husbandry effluent, welldeck (17) MARINE POLLUTION CONTROL DEVICE.— 33, Code of Federal Regulations, or section effluent, or fish hold and fish hold cleaning The term ‘‘marine pollution control device’’ 151.1511 of such title (as in effect on the date effluent; or of the enactment of this Act); or (III) any effluent from a properly func- means any equipment for installation or use (B) if the standard described in subpara- tioning marine engine; or on board a commercial vessel that is— graph (A) has been revised under section (ii) a discharge of a pollutant into navi- (A) designed to receive, retain, treat, con- ll06, such revised standard. gable waters of the United States in connec- trol, or discharge a discharge incidental to the normal operation of a commercial vessel; (5) BALLAST WATER MANAGEMENT SYSTEM.— tion with the testing, maintenance, or repair The term ‘‘ballast water management sys- of a system, equipment, or engine described and tem’’ means any system, including all bal- in subclause (I)(bb) or (III) of clause (i) when- (B) determined by the Secretary, in con- last water treatment equipment and all asso- ever the commercial vessel is waterborne. sultation with the Administrator, to be the ciated control and monitoring equipment, (B) EXCLUSIONS.—The term ‘‘discharge in- most effective equipment or management that processes ballast water— cidental to the normal operation of a com- practice to reduce the environmental impact (A) to kill, render nonviable, or remove or- mercial vessel’’ does not include— of the discharge consistent with the consid- ganisms; or (i) any discharge into navigable waters of erations set forth in section ll08(a)(2). (B) to avoid the uptake or discharge of or- the United States from a commercial vessel (18) MID-OCEAN WATER.—The term ‘‘mid- ganisms. of— ocean water’’ means water greater than 200 (6) BEST AVAILABLE TECHNOLOGY ECONOMI- (I) ballast water; nautical miles from any shore. CALLY ACHIEVABLE.—The term ‘‘best avail- (II) rubbish, trash, garbage, incinerator (19) NAVIGABLE WATERS OF THE UNITED able technology economically achievable’’ ash, or other such material discharged over- STATES.—The term ‘‘navigable waters of the has the meaning given that term in sections board; United States’’ has the meaning given that 301(b)(2)(A) and 304(b)(2)(B) of the Federal (III) oil or a hazardous substance (as such term in section 2101(17a) of title 46, United Water Pollution Control Act (33 U.S.C. terms are defined in section 311 of the Fed- States Code. 1311(b)(2)(A) and 1314(b)(2)(B)) as such term eral Water Pollution Control Act (33 U.S.C. (20) OPERATING IN A CAPACITY OTHER THAN applies to a mobile point source. 1321)); or AS A MEANS OF TRANSPORTATION ON WATER.— (7) BIOCIDE.—The term ‘‘biocide’’ means a (IV) sewage (as defined in section 312(a)(6) The term ‘‘operating in a capacity other substance or organism that is introduced of the Federal Water Pollution Control Act than as a means of transportation on water’’ into or produced by a ballast water manage- (33 U.S.C. 1322(a)(6))); or includes— ment system to kill or eliminate aquatic (ii) any emission of an air pollutant result- (A) when in use as an energy or mining fa- nuisance species as part of the process used ing from the operation onboard a commer- cility; to comply with a ballast water discharge cial vessel of a commercial vessel propulsion (B) when in use as a storage facility or sea- standard. system, motor driven equipment, or inciner- food processing facility; (8) CAPTAIN OF THE PORT ZONE.—The term ator; (C) when secured to a storage facility or ‘‘Captain of the Port Zone’’ means a Captain (iii) any discharge into navigable waters of seafood processing facility; and of the Port Zone established by the Sec- the United States from a commercial vessel (D) when secured to the bed of the ocean, retary pursuant to sections 92, 93, and 633 of when the commercial vessel is operating in a contiguous zone, or waters of the United title 14, United States Code. capacity other than as a means of transpor- States for the purpose of mineral or oil ex- (9) COMMERCIAL VESSEL.— tation on water; or ploration or development.

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(21) ORGANISM.—The term ‘‘organism’’ SEC. ll04. BALLAST WATER DISCHARGE RE- solely from waters located between the par- means any organism and includes pathogens, QUIREMENTS. allel 43 degrees, 32 minutes north latitude, microbes, viruses, bacteria, and fungi. (a) IN GENERAL.— including the internal waters of the Colum- (22) OWNER OR OPERATOR.—The term (1) REQUIREMENTS.—Except as provided in bia River, and the internal waters of Canada ‘‘owner or operator’’ means a person owning, paragraph (7), and subject to sections 151.2035 south of parallel 50 degrees north latitude, operating, or chartering by demise a com- and 151.2036 of title 33, Code of Federal Regu- including the waters of the Strait of Georgia mercial vessel. lations (as in effect on the date of the enact- and the Strait of Juan de Fuca. (23) PACIFIC COAST REGION.—The term ‘‘Pa- ment of this Act), an owner or operator may (ii) A commercial vessel voyaging between cific Coast Region’’ means Federal and State discharge ballast water into navigable ports or places of destination in the States of waters of the United States from a commer- waters adjacent to Alaska, Washington, Or- Washington and Oregon if the ballast water cial vessel covered under subsection (b) only egon, or California extending from shore and to be discharged from such vessel originated if the owner or operator discharges the bal- including the entire exclusive economic zone solely from waters located between the par- last water in accordance with requirements (as defined in section 1001(8) of the Oil Pollu- allel 40 degrees north latitude and the par- established by this title or the Secretary. tion Act of 1990 (33 U.S.C. 2701(8))) adjacent allel 50 degrees north latitude. (2) COMMERCIAL VESSELS ENTERING THE to each such State. (iii) A commercial vessel voyaging between GREAT LAKES SYSTEM.—If a commercial ves- (24) POLLUTANT.—The term ‘‘pollutant’’ sel enters the Great Lakes through the ports or places of destination in the State of has the meaning given that term in section California within the San Francisco Bay 502(6) of the Federal Water Pollution Control mouth of the Saint Lawrence River, the owner or operator shall— area east of the Golden Gate Bridge, includ- Act (33 U.S.C. 1362(6)). (A) comply with the applicable require- ing the Port of Stockton and the Port of (25) PORT OR PLACE OF DESTINATION.—The ments of— Sacramento, if any ballast water to be dis- term ‘‘port or place of destination’’ means (i) paragraph (1); charged from such vessel originated solely any port or place to which a vessel is bound (ii) subpart C of part 151 of title 33, Code of from ports or places within such area. to anchor or moor. Federal Regulations (or similar successor (iv) A commercial vessel voyaging between (26) RECREATIONAL VESSEL.—The term ‘‘rec- regulations); and the Port of Los Angeles, the Port of Long reational vessel’’ has the meaning given that (iii) section 401.30 of such title (or similar Beach, and the El Segundo offshore marine term in section 502 of the Federal Water Pol- successor regulations); and oil terminal if any ballast water to be dis- lution Control Act (33 U.S.C. 1362). (B) after operating— charged from such vessel originated solely (27) RENDER NONVIABLE.—The term ‘‘render (i) outside the exclusive economic zone of from the Port of Los Angeles, the Port of nonviable’’ means, with respect to organisms the United States or Canada, conduct a com- Long Beach, or the El Segundo offshore ma- in ballast water, the action of a ballast plete ballast water exchange in an area that rine oil terminal. water management system that leaves such is 200 nautical miles or more from any shore (v) A commercial vessel voyaging between organisms permanently incapable of repro- before the owner or operator may discharge a port or place in the State of Alaska within duction following treatment. ballast water while operating in the Saint a single Captain of the Port Zone. (28) SALTWATER FLUSH.—The term ‘‘salt- Lawrence River or the Great Lakes, subject (4) EMPTY BALLAST TANKS.— water flush’’— to any requirements the Secretary deter- (A) REQUIREMENTS.—Except as provided in (A) means— mines necessary with regard to such ex- subparagraph (B) and paragraph (6), the (i) the addition of as much mid-ocean change or any ballast water management owner or operator of a commercial vessel water into each empty ballast tank of a com- system that is to be used in conjunction with with empty ballast tanks shall conduct a mercial vessel as is safe for such vessel and such exchange, to ensure that any discharge saltwater flush— crew and the mixing of the flushwater with of ballast water complies with the require- (i) at least 200 nautical miles from any residual water and sediment through the mo- ments under paragraph (1); or shore for voyages originating outside the tion of such vessel; and (ii) exclusively within the territorial United States or Canadian exclusive eco- (ii) the discharge of the mixed water, such waters or exclusive economic zone of the nomic zone; or that the resultant residual water remaining United States or Canada, conduct a complete (ii) at least 50 nautical miles from any in the tank has the highest salinity possible, ballast water exchange outside the Saint shore for voyages within the Pacific Coast and is at least 30 parts per thousand; and Lawrence River and the Great Lakes in an Region. (B) may require more than one fill-mix- area that is 50 nautical miles or more from (B) EXCEPTION.—The requirements of sub- empty sequence, particularly if only small any shore before the owner or operator may paragraph (A) shall not apply— amounts of water can be safely taken on- discharge ballast water while operating in (i) if a ballast tank’s unpumpable residual board the commercial vessel at one time. the Saint Lawrence River or the Great waters and sediments were subject to a salt- (29) SECRETARY.—Except as otherwise spec- Lakes, subject to any requirements the Sec- water flush, ballast water exchange, or treat- ified, the term ‘‘Secretary’’ means the Sec- retary determines necessary with regard to ment through a ballast water management retary of the department in which the Coast such exchange or any ballast water manage- system; or Guard is operating. ment system that is to be used in conjunc- (ii) unless otherwise required under this (30) SMALL VESSEL GENERAL PERMIT.—The tion with such exchange, to ensure that any title, if the ballast tank’s unpumpable resid- term ‘‘Small Vessel General Permit’’ means discharge of ballast water complies with the ual waters and sediments were sourced with- the ‘‘Final National Pollutant Discharge requirements under paragraph (1), unless in the same port or place of destination, or Elimination System (NPDES) General Per- traveling 50 nautical miles or more from Captain of the Port Zone. mit for Discharges Incidental to the Normal shore would compromise commercial vessel (5) LOW SALINITY BALLAST WATER.— Operation of a Small Vessel’’ noticed in the safety or is otherwise prohibited by any do- (A) IN GENERAL.—Except as provided in Federal Register on September 10, 2014 (79 mestic or international regulation. subparagraph (B) and paragraph (6), owners Fed. Reg. 53702) (3) COMMERCIAL VESSELS OPERATING WITHIN or operators of commercial vessels that SEC. ll03. TREATMENT OF EXISTING BALLAST THE PACIFIC COAST REGION.— transport ballast water sourced from waters WATER REGULATIONS. (A) IN GENERAL.—Except as provided in with a measured salinity of less than 18 parts subparagraph (C) and paragraph (6), the per thousand, except as provided by a public (a) EFFECT ON EXISTING REGULATIONS.— owner or operator of a commercial vessel de- or commercial source under subsection Any regulation issued pursuant to the Non- scribed in subparagraph (B) shall conduct a (b)(2)(C), and voyage to a Pacific Coast Re- indigenous Aquatic Nuisance Prevention and complete ballast water exchange in waters gion port or place of destination that has a Control Act of 1990 (16 U.S.C. 4701 et seq.) more than 50 nautical miles from shore. measured salinity of less than 18 parts per that is in effect on the day before the date of (B) COMMERCIAL VESSEL DESCRIBED.—A thousand shall conduct a complete ballast the enactment of this Act, and that relates commercial vessel described in this subpara- water exchange— to a matter subject to regulation under this graph is a commercial vessel— (i) more than 50 nautical miles from shore title, shall remain in full force and effect un- (i) operating between 2 ports or places of if the ballast water was sourced from a Pa- less or until superseded by a new regulation destination within the Pacific Coast Region; cific Coast Region port or place of destina- issued under this title relating to such mat- or tion; or ter. (ii) operating between a port or place of (ii) more than 200 nautical miles from (b) APPLICATION OF OTHER REGULATIONS.— destination within the Pacific Coast Region shore if the ballast water was not sourced (1) IN GENERAL.—The regulations issued and a port or place of destination on the Pa- from a Pacific Coast Region port or place of pursuant to the Nonindigenous Aquatic Nui- cific Coast of Canada or Mexico north of 20 destination. sance Prevention and Control Act of 1990 (16 degrees north latitude, inclusive of the Gulf (B) EXCEPTION.—The requirements of sub- U.S.C. 4701 et seq.) relating to sanctions for of California. paragraph (A) shall not apply to a commer- violating a regulation under that Act shall (C) EXEMPTIONS.—Subparagraph (A) shall cial vessel that has a ballast water manage- apply to violations of a regulation issued not apply to the following: ment system approved for treating fresh- under this title. (i) A commercial vessel voyaging between water at concentrations prescribed in section (2) PENALTIES.—The penalties for viola- or to a port or place of destination in the ll06(a)(1)(A) or that retains all of its bal- tions described in paragraph (1) shall in- State of Washington, if the ballast water to last water. crease consistent with inflation. be discharged from such vessel originated (6) EXEMPTED VESSELS.—

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(A) IN GENERAL.—The requirements of aquatic nuisance species into navigable (i) after completion of the first scheduled paragraphs (3), (4), and (5) shall not apply to waters of the United States, as determined vessel dry docking that commences on or a commercial vessel if— by the Secretary; after the date that is 3 years after the date (i) complying with such requirements (B) in the National Defense Reserve Fleet that the Secretary requires compliance would compromise the safety of the commer- that is scheduled for disposal, if the vessel under subparagraph (C), for a vessel built on cial vessel; does not have ballast water management or before the date that is 3 years after date (ii) design limitations of the commercial systems or the ballast water management the Secretary terminates such exemption; or vessel prevent ballast water exchange or systems of the vessel are inoperable; (ii) upon entry into the navigable waters of saltwater flush from being conducted; (C) that discharges ballast water con- the United States for a vessel that is built (iii) the commercial vessel is certified by sisting solely of water taken aboard from a after the date that is 3 years after the date the Secretary as having no residual ballast public or commercial source that, at the the Secretary requires compliance under water or sediments on board or retains all its time the water is taken aboard, meets the subparagraph (C) for such class of vessels. ballast water while in waters subject to such applicable regulations or permit require- (F) REPORT.—Not less than 60 days after a requirements; or ments for such source under the Safe Drink- determination by the Secretary under sub- (iv) empty ballast tanks on the commer- ing Water Act (42 U.S.C. 300f et seq.); paragraph (C)(iv), the Secretary shall pro- cial vessel are sealed and certified by the (D) in an alternative compliance program vide a report to the Committee on Com- Secretary so there is no discharge or uptake established pursuant to subsection (c); merce, Science, and Transportation of the and subsequent discharge of ballast waters (E) that carries all of its permanent ballast Senate and the Committee on Transpor- subject to such requirements. water in sealed tanks that are not subject to tation and Infrastructure of the House of (B) ADDITIONAL EXEMPTIONS.—The require- discharge; or Representatives describing how the costs ments of paragraphs (3) and (4) shall not (F) uses other liquid or material as ballast were considered in the assessment required apply to a commercial vessel if the commer- and does not discharge ballast overboard. by that subparagraph. cial vessel uses a method of ballast water (3) VESSELS OPERATING EXCLUSIVELY WITHIN (c) RECEPTION FACILITIES; TRANSFER management approved by the Coast Guard THE GREAT LAKES AND SAINT LAWRENCE STANDARDS.—The Secretary, in coordination under section ll05 of this title or subpart RIVER.— with the Administrator, may promulgate 162.060 of title 46, Code of Federal Regula- standards for the arrangements necessary on tions (or similar successor regulations). (A) IN GENERAL.—A commercial vessel that operates exclusively within the Great Lakes a vessel to transfer ballast water to a facil- (7) SAFETY EXEMPTION.—Notwithstanding paragraphs (1) through (6), an owner or oper- and Saint Lawrence River shall be subject to ity. ator of a commercial vessel may discharge subsection (a). SEC. ll05. APPROVAL OF BALLAST WATER MAN- ballast water into navigable waters of the (B) TRANSITION.—Notwithstanding subpara- AGEMENT SYSTEMS. graph (A), a commercial vessel that operates United States from a commercial vessel if— (a) BALLAST WATER MANAGEMENT SYSTEMS exclusively within the Great Lakes and (A) the ballast water is discharged solely THAT RENDER ORGANISMS NONVIABLE.—Not- Saint Lawrence River that is not required to to ensure the safety of life at sea; withstanding chapter 5 of title 5, United comply with the ballast water discharge (B) the ballast water is discharged acciden- States Code, part 151 of title 33, Code of Fed- standard on the day before the date of enact- tally as the result of damage to the commer- eral Regulations (or similar successor regu- ment of this Act shall transition into com- cial vessel or its equipment and— lations), and part 162 of title 46, Code of Fed- pliance with subsection (a) under the special (i) all reasonable precautions to prevent or eral Regulations (or similar successor regu- rules established in subparagraph (C) of this minimize the discharge have been taken; and lations), a ballast water management system subsection: (ii) the owner or operator did not willfully that renders nonviable organisms in ballast (C) SPECIAL RULES.—The Secretary shall or recklessly cause such damage; or water at the concentrations prescribed in the require a class of commercial vessels de- (C) the ballast water is discharged solely ballast water discharge standard shall be ap- scribed in subparagraph (B) of this sub- for the purpose of avoiding or minimizing a proved by the Secretary, if— section to comply with subsection (a) only if discharge from the commercial vessel of a (1) such system— the Secretary— pollutant that would violate a Federal or (A) undergoes type approval testing at an (i) approves a ballast water management State law. independent laboratory designated by the system for such class of commercial vessels (8) LOGBOOK REQUIREMENTS.—Section Secretary under such regulations; and under section ll05 of this title or subpart 11301(b) of title 46, United States Code, is (B) meets the requirements of subpart 162.060 of title 46, Code of Federal Regula- amended by adding at the end the following 162.060 of title 46, Code of Federal Regula- tions (or similar successor regulation); new paragraph: tions (or similar successor regulations), (ii) determines that such ballast water ‘‘(13) when a commercial vessel does not other than the requirements related to stain- carry out ballast water management require- management system meets the operationally ing methods or measuring the concentration ments as applicable and pursuant to regula- practicable criteria described in section of living organisms; and tions promulgated and issued by the Sec- ll06 with respect to such class of commer- (2) such laboratory uses a testing method retary, including when such a vessel fails to cial vessels complying with the ballast water described in a final policy letter published carry out ballast water management require- discharge standard; under subsection (c)(3). ments due to an allowed safety exemption, a (iii) determines that requiring such class of statement about the failure to comply and commercial vessels to comply with the bal- (b) PROHIBITION ON BIOCIDES.—The Sec- the circumstances under which the failure last water discharge standard is operation- retary shall not approve a ballast water occurred, made immediately after when ally practicable for such class of commercial management system under subsection (a) or practicable to do so.’’. vessels; and subpart 162.060 of title 46, Code of Federal (9) LIMITATION OF REQUIREMENTS.—In estab- (iv) in coordination with the Adminis- Regulations (or similar successor regula- lishing requirements under this subsection, trator, conducts a probabilistic assessment tions), if such system— the Secretary may not require the installa- of the benefits to the environment and the (1) uses a biocide or generates a biocide tion of a ballast water management system costs to industry of compliance with sub- that is a pesticide, as defined in section 2 of on a commercial vessel that— section (a) by such class of commercial ves- the Federal Insecticide, Fungicide, and (A) carries all of its ballast water in sealed sels and determines that such benefits ex- Rodenticide Act (7 U.S.C. 136), unless the tanks that— ceed such costs. biocide is registered under that Act or the (i) are not subject to discharge; (D) RECONSIDERATION.—If the Secretary de- Administrator has approved the use of the (ii) have been certified by the Secretary; termines under subparagraph (C)(iv) that biocide in such ballast water management and such benefits do not exceed such costs, the system; or (iii) have been noted in the commercial Secretary, in coordination with the Adminis- (2) uses or generates a biocide the dis- vessel logbook; or trator, shall reconsider the determination of charge of which causes or contributes to a (B) discharges ballast water solely into a the Secretary under that subparagraph— violation of a water quality standard under reception facility described in subsection (d). (i) if a petition is received from a Governor section 303 of the Federal Water Pollution (b) APPLICABILITY.— of a Great Lakes State that— Control Act (33 U.S.C. 1313). (1) COVERED VESSELS.—Except as provided (I) includes new data or science not consid- (c) APPROVAL TESTING METHODS.— in paragraphs (2) and (3), subsection (a) shall ered during such determination; and (1) DRAFT POLICY.—Not later than 60 days apply to any commercial vessel that is de- (II) is submitted not less than 1 year after after the date of the enactment of this Act, signed, constructed, or adapted to carry bal- the date of such determination; or the Secretary, in coordination with the Ad- last water while such commercial vessel is (ii) not later than 5 years after the date of ministrator, shall publish a draft policy let- operating in navigable waters of the United such determination. ter, based on the best available science, de- States. (E) COMPLIANCE DEADLINE.—A class of com- scribing type approval testing methods and (2) EXEMPTED VESSELS.—Subsection (a) mercial vessels that is required by the Sec- protocols for ballast water management sys- shall not apply to a commercial vessel— retary to comply with subsection (a) under tems that may be used in addition to the (A) that continuously takes on and dis- the special rules established by subparagraph methods established in subpart 162.060 of charges ballast water in a flow-through sys- (C) of this subsection shall comply with the title 46, Code of Federal Regulations (or tem, if such system does not introduce ballast water discharge standard— similar successor regulations)—

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.038 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S720 CONGRESSIONAL RECORD — SENATE February 7, 2018 (A) to measure the concentration of orga- the Secretary and the Administrator con- the risk of the introduction or establishment nisms in ballast water that are capable of re- sider appropriate. of aquatic nuisance species; production; (B) ALTERNATIVE REVISED STANDARD.—If (ii) information regarding any ballast (B) to certify the performance of each bal- the Secretary, in concurrence with the Ad- water management systems that may last water management system under this ministrator, finds— achieve the proposed ballast water discharge section; and (i) that the ballast water discharge stand- standard; (C) to certify laboratories to evaluate such ard cannot be revised to reflect the level of (iii) the scientific and technical informa- treatment technologies. stringency set forth in subparagraph (A), the tion on which the petition is based, including (2) PUBLIC COMMENT.—The Secretary shall Secretary, in concurrence with the Adminis- a description of the risk reduction that provide for a period of not more than 60 days trator, shall determine whether the applica- would result from the proposed ballast water for the public to comment on the draft pol- tion of the best available technology eco- discharge standard included under clause (i); icy letter published under paragraph (1). nomically achievable and operationally prac- and (3) FINAL POLICY.— ticable would result in a reduction of the (iv) any additional information the Sec- (A) IN GENERAL.—Not later than 150 days risk of introduction or establishment of retary considers appropriate. after the date of the enactment of this Act, aquatic nuisance species such that the bal- (D) PUBLIC AVAILABILITY.—Upon receiving the Secretary, in coordination with the Ad- last water discharge standard can be revised a petition under subparagraph (A), the Sec- ministrator, shall publish a final policy let- to be more stringent than the standard set retary shall make publicly available a copy ter describing type approval testing methods forth in section 151.2030 or 151.1511 of title 33, of the petition, including the information in- for ballast water management systems capa- Code of Federal Regulations, as in effect on cluded under subparagraph (C). ble of measuring the concentration of orga- the date of the enactment of this Act; or (E) TREATMENT OF MORE THAN ONE PETITION nisms in ballast water that are capable of re- (ii) that the application of best available AS A SINGLE PETITION.—The Secretary may production based on the best available technology economically achievable and treat more than one petition submitted science that may be used in addition to the operationally practicable would result in a under subparagraph (A) as a single such peti- methods established in subpart 162.060 of reduction of the risk of introduction or es- tion. title 46, Code of Federal Regulations (or tablishment of aquatic nuisance species such (F) AUTHORITY TO REVIEW.—After receiving similar successor regulations). that the ballast water discharge standard a petition that meets the requirements of (B) REVISIONS.—The Secretary shall revise can be revised to be more stringent than the this paragraph, the Secretary, in concur- the final policy letter published under sub- standard under subparagraph (A) with re- rence with the Administrator, may conduct paragraph (A) as additional testing methods spect to a class of vessels, the Secretary, in a review under paragraph (1) or (2) as the are determined by the Secretary, in coordi- concurrence with the Administrator, shall Secretary, in concurrence with the Adminis- nation with the Administrator, to be capable determine which revisions to the ballast trator, determines appropriate. of measuring the concentration of organisms water discharge standard shall be made for (4) ISSUANCE OF REVISED BALLAST WATER in ballast water that are capable of reproduc- that class of vessels to incorporate such DISCHARGE STANDARD.—The Secretary shall tion. more stringent standard. issue a rule to revise the ballast water dis- (C) CONSIDERATIONS.—In developing a pol- (C) OPERATIONALLY PRACTICABLE.—In deter- charge standard if the Secretary, in concur- icy letter under this paragraph, the Sec- mining operational practicability under this rence with the Administrator, determines on retary, in coordination with the Adminis- subsection, the Secretary, in concurrence the basis of the review under paragraph (1) or trator— with the Administrator, shall consider— (2) that— (i) shall consider a testing method that (i) whether a ballast water management (A) a ballast water management system uses organism grow out and most probable system is— that is capable of achieving the ballast water number statistical analysis to determine the (I) effective and reliable in the shipboard discharge standard as proposed to be revised concentration of organisms in ballast water environment; is the best available technology economi- that are capable of reproduction; and (II) compatible with the design and oper- cally achievable and operationally prac- (ii) shall not consider a testing method ation of a commercial vessel by class, type, ticable; and that relies on a staining method that meas- and size; ures the concentration of organisms greater (III) commercially available; and (B) testing protocols can be practicably than or equal to 10 micrometers and orga- (IV) safe; implemented that can assure accurate meas- nisms less than or equal to 50 micrometers. (ii) whether testing protocols can be prac- urement of compliance with the ballast water discharge standard as proposed to be SEC. ll06. REVIEW AND RAISING OF BALLAST ticably implemented that can assure accu- WATER DISCHARGE STANDARD. rate measurement of compliance with the revised. (a) STRINGENCY REVIEWS.— ballast water discharge standard as proposed (5) REQUIREMENT.—Any revised ballast (1) SIX-YEAR REVIEW.— to be revised; and water discharge standard issued in the rule (A) IN GENERAL.—Not later than January 1, (iii) other criteria that the Secretary, in under paragraph (4) shall be more stringent 2024, and subject to petitions for review concurrence with Administrator, considers than the ballast water discharge standard it under paragraph (3), the Secretary, in con- appropriate. replaces. currence with the Administrator, shall com- (2) TEN-YEAR REVIEWS.—Not later than Jan- (6) STANDARD NOT REVISED.—If the Sec- plete a review to determine whether, based uary 1, 2034, not less frequently than every 10 retary, in concurrence with the Adminis- on the application of the best available tech- years thereafter, and subject to petitions for trator, determines that the requirements of nology economically achievable and oper- review under paragraph (3), the Secretary, in this subsection have not been satisfied, the ationally practicable, the ballast water dis- concurrence with the Administrator, shall Secretary shall publish a description of how charge standard can be revised such that bal- conduct a review to determine whether the such determination was made. last water discharged in the normal oper- application of the best available technology (b) REVISED BALLAST WATER DISCHARGE ation of a vessel contains— economically achievable and operationally STANDARD EFFECTIVE DATE AND COMPLIANCE (i) less than 1 organism that is living or practicable as described in paragraph (1)(C) DEADLINE.— has not been rendered nonviable per 10 cubic results in a reduction in the risk of the in- (1) IN GENERAL.—If the Secretary issues a meters that is 50 or more micrometers in troduction or establishment of aquatic nui- rule to revise the ballast water discharge minimum dimension; sance species such that the ballast water dis- standard under subsection (a), the Secretary (ii) less than 1 organism that is living or charge standard can be revised to be more shall include in such rule— has not been rendered nonviable per 10 milli- stringent. (A) an effective date for the revised ballast liters that is less than 50 micrometers in (3) STATE PETITIONS FOR REVIEW.— discharge standard that is 3 years after the minimum dimension and more than 10 mi- (A) IN GENERAL.—The Governor of a State date on which such rule is published in the crometers in minimum dimension; may submit a petition requesting the Sec- Federal Register; and (iii) concentrations of indicator microbes retary to conduct a review under paragraph (B) for the owner or operator of a commer- that are less than— (1) or (2) if there is new information that cial vessel that is constructed or completes a (I) 1 colony-forming unit of toxicogenic could reasonably indicate the ballast water major conversion on or after the date that is Vibrio cholera (serotypes O1 and O139) per discharge standard could be made more 3 years after the date on which such rule is 100 milliliters or less than 1 colony-forming stringent to reduce the risk of the introduc- published in the Federal Register, a deadline unit of that microbe per gram of wet weight tion or establishment of aquatic nuisance to comply with the revised ballast water dis- of zoological samples; species. charge standard that is the first day on (II) 126 colony-forming units of escherichia (B) TIMING.—A Governor may not submit a which such commercial vessel operates in coli per 100 milliliters; and petition under subparagraph (A) during the navigable waters of the United States. (III) 33 colony-forming units of intestinal 1-year period following the date of comple- (2) VESSEL SPECIFIC COMPLIANCE DEAD- enterococci per 100 milliliters; and tion of a review under paragraph (1) or (2). LINES.—The Secretary may establish a dead- (iv) concentrations of such additional indi- (C) REQUIRED INFORMATION.—A petition line for compliance by a commercial vessel cator microbes and of viruses as may be submitted to the Secretary under subpara- (or a class, type, or size of commercial ves- specified in regulations issued by the Sec- graph (A) shall include— sel) with a revised ballast water discharge retary, in consultation with the Adminis- (i) a proposed ballast water discharge standard that is different than the general trator and such other Federal agencies as standard that would result in a reduction in deadline established under paragraph (1).

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(3) EXTENSIONS.—The Secretary shall es- (B) LIMITATION.—Subparagraph (A) shall sonian Environmental Research Center), the tablish a process for an owner or operator to cease to apply with respect to a commercial Secretary shall prepare and submit to the submit an application to the Secretary for vessel after— Task Force and the appropriate committees an extension of a compliance deadline estab- (i) the expiration of the service life of the of Congress and make available to the pub- lished under paragraphs (1) and (2). ballast water management system of the lic, on a biennial basis not later than 180 (4) APPLICATION FOR EXTENSION.—An owner commercial vessel, as determined by the days from the end of each odd numbered cal- or operator shall submit an application for Secretary; endar year, a report that synthesizes and an extension under paragraph (3) not less (ii) the expiration of the service life of the analyzes the data referred to in paragraph (1) than 90 days prior to the applicable compli- commercial vessel, as determined by the for the previous 2 years to evaluate nation- ance deadline established under paragraph Secretary; or wide status and trends relating to— (1) or (2). (iii) the completion of a major conversion ‘‘(A) ballast water delivery and manage- of the commercial vessel. ment; and (5) FACTORS.—In reviewing an application ‘‘(B) invasions of aquatic nuisance species under this subsection, the Secretary shall SEC. ll07. NATIONAL BALLAST INFORMATION CLEARINGHOUSE. resulting from ballast water. consider, with respect to the ability of an Subsection (f) of section 1102 of the Non- ‘‘(5) WORKING GROUP.—Not later than 1 year owner or operator to meet a compliance indigenous Aquatic Nuisance Prevention and after the date of the enactment of the Vessel deadline— Control Act of 1990 (16 U.S.C. 4712(f)) is Incidental Discharge Act, the Secretary (A) whether the ballast water management amended to read as follows: shall establish a working group that includes system to be installed, if applicable, is avail- ‘‘(f) NATIONAL BALLAST INFORMATION members from the National Ballast Informa- able in sufficient quantities to meet the CLEARINGHOUSE.— tion Clearinghouse and States with ballast compliance deadline; ‘‘(1) IN GENERAL.—The Secretary shall de- water management programs to establish a (B) whether there is sufficient shipyard or velop and maintain, in consultation and co- process for compiling and readily sharing other installation facility capacity; operation with the Task Force and the Federal and State commercial vessel report- (C) whether there is sufficient availability Smithsonian Institution (acting through the ing and enforcement data regarding compli- of engineering and design resources; Smithsonian Environmental Research Cen- ance with this Act. (D) commercial vessel characteristics, such ter), a National Ballast Information Clear- ‘‘(6) APPROPRIATE COMMITTEES OF CONGRESS as engine room size, layout, or a lack of in- inghouse of national data concerning— DEFINED.—In this subsection, the term ‘ap- stalled piping; ‘‘(A) ballasting practices; propriate committees of Congress’ means the (E) electric power generating capacity ‘‘(B) compliance with the guidelines issued Committee on Commerce, Science, and aboard the commercial vessel; pursuant to section 1101(c); and Transportation of the Senate and the Com- (F) the safety of the commercial vessel and ‘‘(C) any other information obtained by the mittee on Transportation and Infrastructure crew; and Task Force pursuant to subsection (b). of the House of Representatives.’’. (G) any other factor that the Secretary de- ‘‘(2) BALLAST WATER REPORTING REQUIRE- SEC. ll08. REQUIREMENTS FOR DISCHARGES termines appropriate. MENTS.— INCIDENTAL TO THE NORMAL OPER- (6) CONSIDERATION OF EXTENSIONS.— ‘‘(A) IN GENERAL.—The owner or operator ATION OF A COMMERCIAL VESSEL. (A) DETERMINATIONS.—The Secretary shall of a commercial vessel subject to this title (a) MANAGEMENT OF INCIDENTAL DISCHARGE approve or deny an application for an exten- shall submit the current ballast water man- FOR COMMERCIAL VESSELS.— sion of a compliance deadline submitted by agement report form approved by the Office (1) IN GENERAL.—Not later than 2 years an owner or operator under this subsection. of Management and Budget (OMB 1625–0069 after the date of the enactment of this Act, (B) DEADLINE.—The Secretary shall— or a subsequent form) to the National Bal- the Secretary, in concurrence with the Ad- (i) acknowledge receipt of an application last Information Clearinghouse not later ministrator and in consultation with the for an extension submitted under paragraph than 6 hours after the arrival of such vessel States, shall publish a final rule in the Fed- (4) not later than 30 days after the date of re- at a United States port or place, unless such eral Register that establishes best manage- ceipt of the application; and vessel is operating exclusively on a voyage ment practices for discharges incidental to between ports or places within a single Cap- (ii) to the extent practicable, approve or the normal operation of a commercial vessel tain of the Port Zone. deny such an application not later than 90 for commercial vessels that— ‘‘(B) MULTIPLE DISCHARGES WITHIN A SINGLE days after the date of receipt of the applica- (A) are greater than or equal to 79 feet in PORT.—The owner or operator of a commer- tion. length; cial vessel subject to this title may submit a (B) are not fishing vessels, including fish (C) FAILURE TO REVIEW.—If the Secretary single report under subparagraph (A) for does not approve or deny an application de- processing vessels and fish tender vessels (as multiple ballast water discharges within a such terms are defined in section 2101 of title scribed in subparagraph (A) on or before the single port during the same voyage. 46, United States Code); and last day of the 90-day period beginning on ‘‘(C) ADVANCED REPORT TO STATES.—A (C) are not subject to the best management the date of submission of the petition, the State may require the owner or operator of practices required under section ll09. petition shall be conditionally approved. a commercial vessel subject to this title to (2) ELEMENTS.—The best management prac- (7) PERIOD OF EXTENSIONS.—An extension submit directly to the State a ballast water tices established under paragraph (1) shall— granted to an owner or operator under para- management report form— (A) mitigate the adverse impacts on the graph (3)— ‘‘(i) not later than 24 hours prior to arrival marine environment from discharges inci- (A) may be granted for an initial period of at a United States port or place of destina- dental to the normal operation of a commer- not more than 18 months; tion if the voyage of such vessel is antici- cial vessel and aquatic invasive species; (B) may be renewed for additional periods pated to exceed 24 hours; or (B) use marine pollution control devices of not more than 18 months each; and ‘‘(ii) before departing the port or place of when appropriate; (C) may not be in effect for a total of more departure if the voyage of such vessel is not (C) be economically achievable and oper- than 5 years. anticipated to exceed 24 hours. ationally practicable; and (8) PERIOD OF USE OF INSTALLED BALLAST ‘‘(3) COMMERCIAL VESSEL REPORTING DATA.— (D) not compromise the safety of a com- WATER MANAGEMENT SYSTEM.— ‘‘(A) DISSEMINATION TO STATES.—Upon re- mercial vessel. N GENERAL (A) I .—Subject to subparagraph ceiving submission of a ballast water man- (3) IMPLEMENTATION.—The Secretary shall (B), an owner or operator shall be considered agement report required under paragraph (2), implement the best management practices to be in compliance with the ballast water the National Ballast Information Clearing- established by final rule under paragraph (1) discharge standard if— house shall— not later than 60 days after the date on (i) the ballast water management system ‘‘(i) in the case of forms submitted elec- which the final rule is published in the Fed- installed on the commercial vessel complies tronically, immediately disseminate the re- eral Register as required under such para- with the ballast water discharge standard in port to interested States; or graph. effect at the time of installation, notwith- ‘‘(ii) in the case of forms submitted by (b) TRANSITION.— standing any revisions to the ballast water means other than electronically, dissemi- (1) IN GENERAL.—Except as provided in sec- discharge standard occurring after the in- nate the report to interested States as soon tion ll09(c) and notwithstanding the expi- stallation; as practicable. ration date for the General Permit, any prac- (ii) the ballast water management system ‘‘(B) AVAILABILITY TO THE PUBLIC.—Not tice, limitation, or concentration applicable is maintained in proper working condition, later than 30 days after the date of the re- to any discharge incidental to the normal as determined by the Secretary; ceipt of a ballast water management report operation of a commercial vessel that is re- (iii) the ballast water management system required under paragraph (2), the National quired by the General Permit on the date of is maintained and used in accordance with Ballast Information Clearinghouse shall the enactment of this Act, and any reporting the manufacturer’s specifications; and make the data in such report fully and read- requirement required by the General Permit (iv) the ballast water management system ily available to the public in searchable and on such date of enactment, shall remain in continues to meet the ballast water dis- fully retrievable electronic formats. effect until the implementation date under charge standard applicable to the commer- ‘‘(4) REPORT.—In consultation and coopera- subsection (a)(3). cial vessel at the time of installation, as de- tion with the Task Force and the Smithso- (2) PART 6 CONDITIONS.—Except as provided termined by the Secretary. nian Institution (acting through the Smith- in section ll09(c) and notwithstanding

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(c) APPLICATION TO CERTAIN VESSELS.— amended by striking section 2. (f) REVISED PRACTICES BY STATE PETI- (1) APPLICATION OF FEDERAL WATER POLLU- SEC. ll09. BEST MANAGEMENT PRACTICES FOR TION.— TION CONTROL ACT.—No permit shall be re- GREAT LAKES VESSELS. (1) IN GENERAL.—The Governor of a Great quired under section 402 of the Federal Water (a) IN GENERAL.—Not later than 2 years Lakes State may petition the Secretary to Pollution Control Act (33 U.S.C. 1342) or pro- after the date of enactment of this Act, the revise the best management practices estab- hibition enforced under any other provision Secretary, in concurrence with the Adminis- lished under subsection (a), including by em- of law for, nor shall any best management trator, shall publish a final rule in the Fed- ploying additional best management prac- practice regarding a discharge incidental to eral Register that establishes best manage- tices, consistent with the elements described the normal operation of a commercial vessel ment practices for— in subsection (b), to address new and emerg- under this title apply to, a discharge inci- (1) ballast water for commercial vessels op- ing aquatic nuisance species or pollution dental to the normal operation of a commer- erating in navigable waters of the United threats, implement more effective practices, cial vessel if the commercial vessel— States within the Great Lakes and Saint or update guidelines to harmonize require- (A) is less than 79 feet in length; or Lawrence River; and ments on owners and operators of commer- (B) is a fishing vessel, including a fish (2) discharges incidental to the normal op- cial vessels described in subsection (a). processing vessel or fish tender vessel (as eration of a commercial vessel in navigable (2) DETERMINATION.— such terms are defined in section 2101 of title waters of the United States for commercial (A) IN GENERAL.—Not later than 180 days 46, United States Code). vessels operating in the Great Lakes and after receiving a petition under paragraph (2) APPLICATION OF GENERAL PERMIT AND Saint Lawrence River that— (1), the Secretary, in coordination with the SMALL VESSEL GENERAL PERMIT.—The terms (A) are greater than or equal to 79 feet in Administrator, shall determine which, if and conditions of the General Permit and the length; and any, best management practices included in Small Vessel General Permit shall cease to (B) are not fishing vessels, including fish such petition shall be required of commer- apply to vessels described in subparagraphs processing vessels and fish tender vessels (as cial vessels described in subsection (a). (A) and (B) of paragraph (1) on and after the such terms are defined in section 2101 of title (B) CONSULTATION.—The Secretary shall date of the enactment of this Act. 46, United States Code). consult with the Governors of other Great (d) REVIEW AND REVISION.—The Secretary, (b) ELEMENTS.—The Secretary, in concur- Lakes States and owners or operators of in concurrence with the Administrator and rence with the Administrator and in con- in consultation with the States, shall— commercial vessels that would be subject to sultation with the Governors of the Great best management practices pursuant to (1) review the practices and standards es- Lakes States and the owners or operators of tablished under subsection (a) not less fre- paragraph (1) before making a determination commercial vessels described in subsection under subparagraph (A). quently than once every 10 years; and (a), shall ensure that the best management (3) TREATMENT OF PETITION.—The Secretary (2) revise such practices consistent with practices established under subsection (a)— the elements described in paragraph (2) of may treat more than one petition submitted (1) mitigate the adverse impacts on the under paragraph (1) as a single petition. such subsection. marine environment from discharges inci- (e) STATE PETITION FOR REVISION OF BEST (4) PUBLIC AVAILABILITY.—The Secretary dental to the normal operation of a commer- shall make publicly available a petition and MANAGEMENT PRACTICES.— cial vessel and aquatic invasive species; (1) IN GENERAL.—The Governor of a State any supporting documentation submitted (2) use marine pollution control devices under paragraph (1) for not less than 60 days may submit a petition to the Secretary re- when appropriate; questing that the Secretary, in concurrence prior to approving or disapproving such peti- (3) are economically achievable and oper- tion. with the Administrator, revise a best man- ationally practicable; (g) IMPLEMENTATION.— agement practice established under sub- (4) do not compromise the safety of a com- section (a) if there is new information that (1) IN GENERAL.—The Secretary shall im- mercial vessel; and plement the best management practices es- could reasonably indicate that— (5) to the extent possible, apply consist- (A) revising the best management practice tablished by final rule under subsection (a) ently to all navigable waters of the United not later than 60 days after the date on would— States within the Great Lakes and Saint (i) mitigate the adverse impacts on the ma- which the final rule is published in the Fed- Lawrence River. eral Register as required by such subsection. rine environment from discharges incidental (c) TRANSITION.— (2) IMPLEMENTATION OF PRACTICES BY STATE to the normal operation of a commercial ves- (1) IN GENERAL.—Notwithstanding the expi- PETITION.—Not later than 90 days after mak- sel or from aquatic invasive species; and ration date for the General Permit and to ing a determination under subsection (f)(2), (ii) reduce the adverse effects on navigable the extent to which they do not conflict with the Secretary shall, by rule published in the waters of the United States of discharges in- section ll04(b), the following best manage- Federal Register, require commercial vessels cidental to the normal operation of a com- ment practices applicable to commercial ves- that would be subject to the revised best mercial vessel; and sels described in subsection (a) shall remain management practices described in such sub- (B) the revised best management practice in effect until the date on which the best section to implement such practices. would be economically achievable and oper- management practices described in such sub- (h) EMERGENCY BEST MANAGEMENT PRAC- ationally practicable. section are implemented under subsection TICES.—The Secretary, in concurrence with (2) REQUIRED INFORMATION.—A petition sub- (g)(1): the Administrator, may establish emergency mitted to the Secretary under paragraph (1) (A) Best management practices required by best management practices if the Secretary, shall include— Part 2 of the General Permit. in concurrence with the Administrator, de- (A) the scientific and technical informa- (B) Such other practices as required by the termines that such emergency best manage- tion on which the petition is based; and Secretary. ment practices are necessary to reduce the (B) any additional information the Sec- (2) PART 6 BEST MANAGEMENT PRACTICES.— risk of introduction or establishment of retary and Administrator consider appro- Notwithstanding the expiration date for the aquatic nuisance species. priate. General Permit and to the extent to which (i) PUBLIC AVAILABILITY.—The Secretary (3) PUBLIC AVAILABILITY.—Upon receiving a they do not conflict with section ll04(b), shall make publicly available any deter- petition under paragraph (1), the Secretary the best management practices described by mination made under this section. shall make publicly available a copy of the the sections in Part 6 of the General Permit petition, including the information included applicable to the Great Lakes States that SEC. ll10. JUDICIAL REVIEW. under paragraph (2). are applicable to commercial vessels de- (a) IN GENERAL.—A person may file a peti- (4) TREATMENT OF MORE THAN ONE PETITION scribed in subsection (a) shall expire on the tion for review of a final rule or a final agen- AS A SINGLE PETITION.—The Secretary may date on which the best management prac- cy action issued under this title in the treat more than one petition submitted tices described in subsection (a) are imple- United States Court of Appeals for the Dis- under paragraph (1) as a single petition. mented under subsection (g)(1). trict of Columbia Circuit. (5) REVISION OF BEST MANAGEMENT PRAC- (d) OUTREACH.—The Secretary shall solicit (b) DEADLINE.— TICES.—If, after reviewing a petition sub- recommendations and information from the (1) IN GENERAL.—A petition shall be filed mitted by a Governor under paragraph (1), Great Lakes States, Indian Tribes, owners under this section not later than 120 days the Secretary, in concurrence with the Ad- and operators of vessels described in sub- after the date on which the final rule to be ministrator, determines that revising a best section (a), and other persons that the Sec- reviewed is published in the Federal Register management practice would mitigate the ad- retary considers appropriate in developing or the final agency action is issued, as the verse impacts on the marine environment best management practices under subsection case may be. from discharges incidental to the normal op- (a). (2) EXCEPTION.—Notwithstanding para- eration of a commercial vessel or from (e) REVIEW AND REVISION OF BEST PRAC- graph (1), a petition that is based solely on aquatic invasive species, the Secretary, in TICES.—Not less frequently than once every 5 grounds that arise after the deadline to file

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a petition under paragraph (1) has passed (2) a discharge into navigable waters of the (A) COASTAL ZONE.—The term ‘‘coastal may be filed not later than 120 days after the United States incidental to the normal oper- zone’’ has the meaning given the term in sec- date on which such grounds first arise. ation of a commercial vessel. tion 304 of the Coastal Zone Management Act (d) PRESERVATION OF AUTHORITY.—Nothing SEC. ll11. STATE ENFORCEMENT. of 1972 (16 U.S.C. 1453). in this title may be construed as affecting (B) ELIGIBLE ENTITY.—The term ‘‘eligible (a) STATE AUTHORITIES.— the authority of a State or political subdivi- entity’’ means a State government, local (1) IN GENERAL.—Not later than 60 days sion thereof to adopt or enforce any statute, government, Indian Tribe, nongovernmental after the date of the enactment of this Act, regulation, or other requirement with re- organization, or academic institution. the Secretary, in coordination with the Gov- spect to any water or other substance dis- (C) EXCLUSIVE ECONOMIC ZONE.—The term ernors of the States, shall develop and pub- charged or emitted from a vessel in prepara- ‘‘Exclusive Economic Zone’’ means the Ex- lish Federal and State inspection, data man- tion for transport of the vessel by land from agement, and enforcement procedures for the clusive Economic Zone of the United States, one body of water to another body of water. as established by Presidential Proclamation enforcement of standards and requirements SEC. ll12. EFFECT ON OTHER LAWS. under this title by States. 5030 of March 10, 1983 (16 U.S.C. 1453 note). (a) APPLICATION OF FEDERAL WATER POLLU- (2) PROCEDURES.—Procedures developed (D) FOUNDATION.—The term ‘‘Foundation’’ TION CONTROL ACT.— and published under paragraph (1)— means the National Fish and Wildlife Foun- (1) IN GENERAL.—Except as provided in sec- (A) may be periodically updated; dation established by section 2(a) of the Na- tions ll08(b) and ll09(c) of this title, or in (B) shall describe the conditions and proce- tional Fish and Wildlife Foundation Estab- section 159.309 of title 33, Code of Federal lishment Act (16 U.S.C. 3701(a)). dures under which the Secretary may sus- Regulations (or similar successor regula- (E) PROGRAM.—The term ‘‘Program’’ means pend the agreement described in paragraph tions), on and after the date of the enact- the Coastal Aquatic Invasive Species Mitiga- (3); and ment of this Act, section 402 of the Federal tion Grant Program established under para- (C) shall have a mechanism for the Sec- Water Pollution Control Act (33 U.S.C. 1342) graph (2). retary to provide to the Governor of a State, shall not apply to a discharge into navigable (2) ESTABLISHMENT.—The Secretary of if requested by the Governor, access to Auto- waters of the United States of ballast water Commerce and the Foundation shall estab- mated Identification System arrival data for from a commercial vessel or a discharge inci- inbound vessels to specific ports or places of dental to the normal operation of a commer- lish the Coastal Aquatic Invasive Species destination in the State. cial vessel. Mitigation Grant Program to award grants (3) STATE ENFORCEMENT.—The Secretary to eligible entities, as described in this sub- (2) OIL AND HAZARDOUS SUBSTANCE LIABIL- shall enter into an agreement with the Gov- ITY; MARINE SANITATION DEVICES.—Nothing in section. ernor of a State to authorize the State to in- this title may be construed as affecting the (3) PURPOSES.—The purposes of the Pro- spect vessels to enforce the provisions of this application to a commercial vessel of section gram are— title in accordance with the procedures de- 311 or 312 of the Federal Water Pollution (A) to improve the understanding, preven- veloped under paragraph (1). Control Act (33 U.S.C. 1321; 1322). tion, and mitigation of, and response to, (b) FEES.— (b) ESTABLISHED REGIMES.—Notwith- aquatic invasive species in the coastal zone (1) IN GENERAL.—Subject to paragraphs (2), standing any other provision of this title, and the Exclusive Economic Zone; (3), and (4), a State that assesses a permit nothing in this title may be construed as af- (B) to support the prevention and mitiga- fee, inspection fee, or other fee related to the fecting the authority of the Federal Govern- tion of impacts from aquatic invasive species regulation of ballast water or a discharge in- ment under— in the coastal zone of the United States; and cidental to the normal operation of a com- (1) the Act to Prevent Pollution from Ships (C) to support the restoration of marine, mercial vessel before the date of the enact- (33 U.S.C. 1901 et seq.) with respect to the estuarine, Pacific Island habitats, and the ment of this Act may assess a fee to cover regulation by the Federal Government of Great Lakes environments in the coastal the costs of program administration, inspec- any discharge or emission that, on or after zone and the Exclusive Economic Zone that tion, and enforcement activities by the the date of the enactment of this Act, is cov- are impacted by aquatic invasive species. State. ered under— (4) USE OF GRANTS.— (2) MAXIMUM FEE.—Except as provided in (A) the Protocol of 1978 Relating to the (A) IN GENERAL.—A grant awarded under paragraph (3), a State may assess a fee under International Convention for the Prevention the Program shall be used for an activity to this subsection of not more than $1,000 per of Pollution from Ships, 1973, with annexes carry out the purposes of the Program, in- qualifying voyage to the owner or operator and protocols, done at London February 17, cluding an activity— of a commercial vessel arriving at a port or 1978; or (i) to develop and implement procedures place of destination in the State. (B) title XIV of division B of the Consoli- and programs to prevent, control, mitigate, (3) COMMERCIAL VESSELS ENGAGED IN COAST- dated Appropriations Act, 2001 (33 U.S.C. 1901 or progressively eradicate aquatic invasive WISE TRADE.—A State may not assess more note); species in the coastal zone or the Exclusive than $5,000 in fees per vessel each year to the (2) title X of the Coast Guard Authoriza- Economic Zone, particularly in areas with owner or operator of a commercial vessel tion Act of 2010 (33 U.S.C. 3801 et seq.) with high numbers of established aquatic invasive registered under the laws of the United respect to the regulation by the Federal Gov- species; States and lawfully engaged in the coastwise ernment of any anti-fouling system that, on (ii) to restore habitat impacted by an trade. or after the date of the enactment of this aquatic invasive species; (4) ADJUSTMENT FOR INFLATION.—A State Act, is covered under the International Con- (iii) to develop new shipboard and land- may adjust a fee authorized by this sub- vention on the Control of Harmful Anti-foul- based ballast water treatment system tech- section every 5 years to reflect the percent- ing Systems on Ships, 2001, done at London nologies and performance standards to pre- age by which the Consumer Price Index for October 5, 2001; and vent the introduction of aquatic invasive all urban consumers published by the De- (3) section 312 of the Federal Water Pollu- species; partment of Labor for the month of October tion Control Act (33 U.S.C. 1322). (iv) to develop mitigation measures to pro- immediately preceding the date of adjust- (c) INTERNATIONAL LAW.—Any action taken ment exceeds the Consumer Price Index for under this title shall be taken in accordance tect natural and cultural living resources, all urban consumers published by the De- with international law. including shellfish, from the impacts of partment of Labor for the month of October (d) CONFORMING AMENDMENT.—Section 1205 aquatic invasive species; or that immediately precedes the date that is 5 of the Nonindigenous Aquatic Nuisance Pre- (v) to develop mitigation measures to pro- years before the date of adjustment. vention and Control Act of 1990 (16 U.S.C. tect infrastructure, such as hydroelectric in- (5) QUALIFYING VOYAGE.—In this sub- 4725) is amended by adding at the end the fol- frastructure, from aquatic invasive species. section, the term ‘‘qualifying voyage’’ means lowing: ‘‘Ballast water and discharges inci- (B) PROHIBITION ON FUNDING LITIGATION.—A a vessel arrival at a port or place of destina- dental to the normal operation of a commer- grant awarded under the Program may not tion in a State by a commercial vessel that cial vessel, as such terms are defined in the be used to fund litigation in any matter. has operated outside of that State and ex- Vessel Incidental Discharge Act, shall be (5) ADMINISTRATION.—Not later than 90 cludes movement entirely within a single regulated pursuant to such Act.’’. days after the date of enactment of this Act, port or place of destination. SEC. ll13. QUAGGA MUSSEL. the Foundation, in consultation with the (c) EFFECT ON STATE AUTHORITY.—Except The Secretary of the Interior shall pre- Secretary of Commerce, shall establish the as provided in subsection (a) and as nec- scribe by regulation that the quagga mussel following: essary to implement an agreement entered (Dreissena rostriformis bugensis) is a species (A) Application and review procedures for into under such subsection, no State or po- that is injurious under section 42 of title 18, awarding grants under the Program. litical subdivision thereof may adopt or en- United States Code. (B) Approval procedures for awarding force any statute, regulation, or other re- SEC. ll14. COASTAL AQUATIC INVASIVE SPE- grants under the Program. Such procedures quirement of the State or political subdivi- CIES MITIGATION GRANT PROGRAM shall require consultation with the Sec- sion with respect to— AND MITIGATION FUND. retary of the Interior and the Administrator. (1) a discharge into navigable waters of the (a) COASTAL AQUATIC INVASIVE SPECIES (C) Performance accountability and moni- United States from a commercial vessel of MITIGATION GRANT PROGRAM.— toring measures for activities funded by a ballast water; or (1) DEFINITIONS.—In this subsection: grant awarded under the Program.

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.038 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S724 CONGRESSIONAL RECORD — SENATE February 7, 2018 (D) Procedures and methods to ensure ac- DIVISION B—SUPPLEMENTAL APPROPRIA- able until expended, for oversight and audit curate accounting and appropriate adminis- TIONS, TAX RELIEF, AND MEDICAID of programs, grants, and activities funded by tration of grants awarded under the Pro- CHANGES RELATING TO CERTAIN DIS- this subdivision and administered by the De- gram, including standards of record keeping. ASTERS AND FURTHER EXTENSION OF partment of Agriculture: Provided, That such (6) MATCHING REQUIREMENT.—Each eligible CONTINUING APPROPRIATIONS amount is designated by the Congress as entity awarded a grant under the Program to Subdivision 1—Further Additional Supple- being for an emergency requirement pursu- carry out an activity shall provide matching mental Appropriations for Disaster Relief ant to section 251(b)(2)(A)(i) of the Balanced funds to carry out such activity, in cash or Requirements Act, 2018 Budget and Emergency Deficit Control Act through in-kind contributions from sources The following sums in this subdivision are of 1985. other than the Federal Government, in an appropriated, out of any money in the Treas- AGRICULTURAL RESEARCH SERVICE amount equal to 50 percent of the cost of ury not otherwise appropriated, for the fiscal BUILDINGS AND FACILITIES such activity. year ending September 30, 2018 and for other For an additional amount for ‘‘Buildings (7) FUNDING.—The Secretary of Commerce purposes, namely: and Facilities’’, $22,000,000, to remain avail- and the Foundation shall use the amounts TITLE I able until expended, for necessary expenses available in the Coastal Aquatic Invasive DEPARTMENT OF AGRICULTURE related to the consequences of Hurricanes Species Mitigation Fund established under AGRICULTURAL PROGRAMS Harvey, Irma, and Maria: Provided, That subsection (b), to award grants under the PROCESSING, RESEARCH AND MARKETING such amount is designated by the Congress Program. as being for an emergency requirement pur- OFFICE OF THE SECRETARY suant to section 251(b)(2)(A)(i) of the Bal- (b) COASTAL AQUATIC INVASIVE SPECIES For an additional amount for the ‘‘Office of anced Budget and Emergency Deficit Control MITIGATION FUND.— the Secretary’’, $2,360,000,000, which shall re- Act of 1985. (1) CREATION OF FUND.—There is established main available until December 31, 2019, for in the Treasury of the United States a trust necessary expenses related to crops, trees, FARM SERVICE AGENCY fund to be known as the ‘‘Coastal Aquatic bushes, and vine losses related to the con- EMERGENCY CONSERVATION PROGRAM Invasive Species Mitigation Fund’’ (referred sequences of Hurricanes Harvey, Irma, For an additional amount for the ‘‘Emer- to in this section as the ‘‘Fund’’), consisting Maria, and other hurricanes and wildfires oc- gency Conservation Program’’, for necessary of such amounts as may be appropriated or curring in calendar year 2017 under such expenses related to the consequences of Hur- credited to the Fund as provided in this sec- terms and conditions as determined by the ricanes Harvey, Irma, and Maria and of tion or section 9602 of the Internal Revenue Secretary: Provided, That the Secretary may wildfires occurring in calendar year 2017, and Code of 1986. provide assistance for such losses in the form other natural disasters, $400,000,000, to re- (2) TRANSFERS TO FUND.— of block grants to eligible states and terri- main available until expended: Provided, (A) APPROPRIATION.—There is authorized to tories: Provided further, That the total That such amount is designated by the Con- be appropriated from the Treasury to the amount of payments received under this gress as being for an emergency requirement Fund each fiscal year an amount equal to heading and applicable policies of crop insur- pursuant to section 251(b)(2)(A)(i) of the Bal- the penalties assessed under section ll03(b) ance under the Federal Crop Insurance Act (7 anced Budget and Emergency Deficit Control of this title in the prior fiscal year. U.S.C. 1501 et seq.) or the Noninsured Crop Act of 1985. Disaster Assistance Program (NAP) under (B) AUTHORIZATION OF FURTHER APPROPRIA- NATURAL RESOURCES CONSERVATION SERVICE TIONS.—There is authorized to be appro- section 196 of the Federal Agriculture Im- provement and Reform Act of 1996 (7 U.S.C. WATERSHED AND FLOOD PREVENTION priated to the Fund, in addition to the OPERATIONS amounts transferred to the Fund under para- 7333) shall not exceed 85 percent of the loss For an additional amount for ‘‘Watershed graph (1), $5,000,000 for each fiscal year. as determined by the Secretary: Provided fur- and Flood Prevention Operations’’, for nec- (3) EXPENDITURES FROM FUND.—Amounts in ther, That the total amount of payments re- essary expenses for the Emergency Water- the Fund shall be available without further ceived under this heading for producers who shed Protection Program related to the con- appropriation to the Secretary of Commerce did not obtain a policy or plan of insurance sequences of Hurricanes Harvey, Irma, and and the National Fish and Wildlife Founda- for an insurable commodity for the 2017 crop Maria and of wildfires occurring in calendar tion established by section 2(a) of the Na- year, or 2018 crop year as applicable, under year 2017, and other natural disasters, tional Fish and Wildlife Foundation Estab- the Federal Crop Insurance Act (7 U.S.C. 1501 $541,000,000, to remain available until ex- lishment Act to award grants under the et seq.) for the crop incurring the losses or did not file the required paperwork and pay pended: Provided, That such amount is des- Coastal Aquatic Invasive Species Mitigation ignated by the Congress as being for an Grant Program established under subsection the service fee by the applicable State filing deadline for a noninsurable commodity for emergency requirement pursuant to section (a)(2). the 2017 crop year, or 2018 crop year as appli- 251(b)(2)(A)(i) of the Balanced Budget and SEC. ll15. RULES OF CONSTRUCTION. cable, under NAP for the crop incurring the Emergency Deficit Control Act of 1985. losses shall not exceed 65 percent of the loss RURAL DEVELOPMENT PROGRAMS (a) INTERNATIONAL STANDARDS.—Nothing in as determined by the Secretary: Provided fur- RURAL HOUSING SERVICE this title may be construed to impose any ther, That producers receiving payments RURAL HOUSING INSURANCE FUND PROGRAM design, equipment, or operation standard on under this heading, as determined by the ACCOUNT a commercial vessel not documented under Secretary, shall be required to purchase crop the laws of the United States and engaged in insurance where crop insurance is available For an additional amount for ‘‘Rural Hous- innocent passage unless the standard imple- for the next two available crop years, and ing Insurance Fund Program Account’’, ments a generally accepted international producers receiving payments under this $18,672,000, to remain available until Sep- tember 30, 2019, for the cost of direct loans, rule, as determined by the Secretary. heading shall be required to purchase cov- erage under NAP where crop insurance is not including the cost of modifying loans as de- (b) OTHER AUTHORITIES.—Nothing in this available in the next two available crop fined in section 502 of the Congressional title may construed as affecting the author- years, as determined by the Secretary: Pro- Budget Act of 1974, for the rehabilitation of ity of the Secretary of Commerce or the Sec- vided further, That, not later than 90 days section 515 rental housing (42 U.S.C. 1485) in retary of the Interior to administer lands or after the end of fiscal year 2018, the Sec- areas impacted by Hurricanes Harvey, Irma, waters under the administrative control of retary shall submit a report to the Congress and Maria where owners were not required to the Secretary of Commerce or the Secretary specifying the type, amount, and method of carry national flood insurance: Provided, That such amount is designated by the Con- of the Interior. such assistance by state and territory and the status of the amounts obligated and gress as being for an emergency requirement plans for further expenditure and include im- pursuant to section 251(b)(2)(A)(i) of the Bal- SA 1930. Mr. MCCONNELL proposed provements that can be made to Federal anced Budget and Emergency Deficit Control Act of 1985. an amendment to the bill H.R. 1892, to Crop Insurance policies, either administra- RURAL UTILITIES SERVICE amend title 4, United States Code, to tively or legislatively, to increase participa- tion, particularly among underserved pro- RURAL WATER AND WASTE DISPOSAL PROGRAM provide for the flying of the flag at ducers, in higher levels of coverage in future ACCOUNT half-staff in the event of the death of a years for crops qualifying for assistance For an additional amount for the ‘‘Rural first responder in the line of duty, as under this heading: Provided further, That Water and Waste Disposal Program Ac- follows: such amount is designated by the Congress count’’, $165,475,000, to remain available until as being for an emergency requirement pur- expended, for grants to repair drinking water In lieu of the matter proposed to be in- suant to section 251(b)(2)(A)(i) of the Bal- systems and sewer and solid waste disposal serted insert the following: anced Budget and Emergency Deficit Control systems impacted by Hurricanes Harvey, Act of 1985. Irma, and Maria: Provided, That not to ex- SECTION 1. SHORT TITLE. OFFICE OF INSPECTOR GENERAL ceed $2,000,000 of the amount appropriated (a) SHORT TITLE.—This Act may be cited as For an additional amount for ‘‘Office of In- under this heading shall be for technical as- the ‘‘Bipartisan Budget Act of 2018’’. spector General’’, $2,500,000, to remain avail- sistance grants for rural water and waste

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.038 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S725 systems pursuant to section 306(a)(22) of the 251(b)(2)(A)(i) of the Balanced Budget and priated, up to 2 percent of funds may be Consolidated Farm and Rural Development Emergency Deficit Control Act of 1985. transferred to the ‘‘Salaries and Expenses’’ Act: Provided further, That such amount is GENERAL PROVISION—THIS TITLE account for administration and oversight ac- designated by the Congress as being for an tivities: Provided further, That within the SEC. 20101. (a) Section 1501(b) of the Agri- emergency requirement pursuant to section cultural Act of 2014 (7 U.S.C. 9081(b)) is amount appropriated, $1,000,000 shall be 251(b)(2)(A)(i) of the Balanced Budget and amended— transferred to the ‘‘Office of Inspector Gen- eral’’ account for carrying out investigations Emergency Deficit Control Act of 1985. (1) in paragraph (1), in the matter before and audits related to the funding provided DOMESTIC FOOD PROGRAMS subparagraph (A), by inserting ‘‘sold live- under this heading. FOOD AND NUTRITION SERVICE stock for a reduced sale price, or both’’ after NATIONAL OCEANIC AND ATMOSPHERIC SPECIAL SUPPLEMENTAL NUTRITION PROGRAM ‘‘normal mortality,’’; ADMINISTRATION FOR WOMEN, INFANTS, AND CHILDREN (WIC) (2) in paragraph (2), by striking ‘‘applicable OPERATIONS, RESEARCH, AND FACILITIES For an additional amount for the ‘‘Special livestock on the day before the date of death Supplemental Nutrition Program for of the livestock, as determined by the Sec- For an additional amount for ‘‘Operations, Women, Infants, and Children’’, $14,000,000, retary.’’ and inserting the following: Research, and Facilities’’ for necessary ex- to remain available until September 30, 2019, ‘‘affected livestock, as determined by the penses related to the consequences of Hurri- canes Harvey, Irma, and Maria, $120,904,000, for infrastructure grants to the Common- Secretary, on, as applicable— to remain available until September 30, 2019, wealth of Puerto Rico and the U.S. Virgin Is- ‘‘(A) the day before the date of death of the as follows: lands to assist in the repair and restoration livestock; or (1) $12,904,000 for repair and replacement of of buildings, equipment, technology, and ‘‘(B) the day before the date of the event observing assets, Federal real property, and other infrastructure damaged as a con- that caused the harm to the livestock that equipment; sequence of Hurricanes Irma and Maria: Pro- resulted in a reduced sale price.’’; and (2) $18,000,000 for marine debris assessment vided, That such amount is designated by the (3) by adding at the end the following new and removal; Congress as being for an emergency require- paragraph: (3) $40,000,000 for mapping, charting, and ment pursuant to section 251(b)(2)(A)(i) of ‘‘(4) A payment made under paragraph (1) geodesy services; and the Balanced Budget and Emergency Deficit to an eligible producer on a farm that sold (4) $50,000,000 to improve weather fore- Control Act of 1985. livestock for a reduced sale price shall— ‘‘(A) be made if the sale occurs within a casting, hurricane intensity forecasting and COMMODITY ASSISTANCE PROGRAM reasonable period following the event, as de- flood forecasting and mitigation capabilities, For an additional amount for ‘‘Commodity termined by the Secretary; and including data assimilation from ocean ob- Assistance Program’’ for the emergency food ‘‘(B) be reduced by the amount that the serving platforms and satellites: assistance program as authorized by section producer received for the sale.’’. Provided, That the amount provided under 27(a) of the Food and Nutrition Act of 2008 (7 (b) Section 1501(d)(1) of the Agricultural this heading is designated by the Congress as U.S.C. 2036(a)) and section 204(a)(1) of the Act of 2014 (7 U.S.C. 9081(d)(1)) is amended by being for an emergency requirement pursu- Emergency Food Assistance Act of 1983 (7 striking ‘‘not more than $20,000,000 of’’. ant to section 251(b)(2)(A)(i) of the Balanced U.S.C. 7508(a)(1)), $24,000,000, to remain avail- (c) Section 1501(e)(4)(C) of the Agricultural Budget and Emergency Deficit Control Act able until September 30, 2019, for necessary Act of 2014 (7 U.S.C. 9081(e)(4)(C)) is amended of 1985: Provided further, That the National expenses of those jurisdictions that received by striking ‘‘500 acres’’ and inserting ‘‘1,000 Oceanic and Atmospheric Administration a major disaster or emergency declaration acres’’. shall submit a spending plan to the Commit- pursuant to section 401 or 501, respectively, (d) Section 1501 of the Agricultural Act of tees on Appropriations of the House of Rep- of the Robert T. Stafford Disaster Relief and 2014 (7 U.S.C. 9081) is amended— resentatives and the Senate within 45 days Emergency Assistance Act (42 U.S.C. 5170, (1) in subsection (e)(4)— after the date of enactment of this subdivi- 5191) related to the consequences of Hurri- (A) by striking subparagraph (B); and sion. canes Harvey, Irma, and Maria or due to (B) by redesignating subparagraph (C), as PROCUREMENT, ACQUISITION AND CONSTRUCTION wildfires in 2017: Provided, That notwith- amended by subsection (c), as subparagraph For an additional amount for ‘‘Procure- standing any other provisions of the Emer- (B); and ment, Acquisition and Construction’’ for gency Food Assistance Act of 1983, the Sec- (2) in subsection (f)(2), by striking ‘‘sub- necessary expenses related to the con- retary of Agriculture may provide resources section (e)’’ and inserting ‘‘subsections (b) sequences of Hurricanes Harvey, Irma, and to Puerto Rico, the Virgin Islands of the and (e)’’. Maria, $79,232,000, to remain available until United States, and affected States, as deter- (e) Section 1501 of the Agricultural Act of September 30, 2020, as follows: mined by the Secretary, to assist affected 2014 (7 U.S.C. 9081), as amended by this sec- (1) $29,232,000 for repair and replacement of families and individuals without regard to tion, shall apply with respect to losses de- Federal real property and observing assets; sections 204 and 214 of such Act (7 U.S.C. 7508, scribed in such section 1501 incurred on or and 7515) by allocating additional foods and funds after January 1, 2017. (2) $50,000,000 for improvements to oper- for administrative expenses from resources (f) The amounts provided by subsections ational and research weather supercom- specifically appropriated, transferred, or re- (a) through (e) for fiscal year 2018 are des- puting infrastructure and for improvement programmed: Provided further, That such ignated by the Congress as being for an of satellite ground services used in hurricane amount is designated by the Congress as emergency requirement pursuant to section intensity and track prediction: being for an emergency requirement pursu- 251(b)(2)(A)(i) of the Balanced Budget and Provided, That the amount provided under ant to section 251(b)(2)(A)(i) of the Balanced Emergency Deficit Control Act of 1985. this heading is designated by the Congress as Budget and Emergency Deficit Control Act TITLE II being for an emergency requirement pursu- of 1985. DEPARTMENT OF COMMERCE ant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act RELATED AGENCIES AND FOOD AND ECONOMIC DEVELOPMENT ADMINISTRATION DRUG ADMINISTRATION of 1985: Provided further, That the National ECONOMIC DEVELOPMENT ASSISTANCE Oceanic and Atmospheric Administration DEPARTMENT OF HEALTH AND HUMAN PROGRAMS shall submit a spending plan to the Commit- SERVICES (INCLUDING TRANSFERS OF FUNDS) tees on Appropriations of the House of Rep- FOOD AND DRUG ADMINISTRATION Pursuant to section 703 of the Public resentatives and the Senate within 45 days BUILDINGS AND FACILITIES Works and Economic Development Act (42 after the date of enactment of this subdivi- (INCLUDING TRANSFER OF FUNDS) U.S.C. 3233), for an additional amount for sion. For an additional amount for ‘‘Buildings ‘‘Economic Development Assistance Pro- FISHERIES DISASTER ASSISTANCE and Facilities’’, $7,600,000, to remain avail- grams’’ for necessary expenses related to For an additional amount for ‘‘Fisheries able until expended, for necessary expenses flood mitigation, disaster relief, long-term Disaster Assistance’’ for necessary expenses related to the consequences of Hurricanes recovery, and restoration of infrastructure associated with the mitigation of fishery dis- Harvey, Irma, and Maria: Provided, That in areas that received a major disaster des- asters, $200,000,000, to remain available until such amount may be transferred to ‘‘Depart- ignation as a result of Hurricanes Harvey, expended: Provided, That funds shall be used ment of Health and Human Services—Food Irma, and Maria, and of wildfires and other for mitigating the effects of commercial fish- and Drug Administration—Salaries and Ex- natural disasters occurring in calendar year ery failures and fishery resource disasters penses’’ for costs related to repair of facili- 2017 under the Robert T. Stafford Disaster declared by the Secretary of Commerce in ties, for replacement of equipment, and for Relief and Emergency Assistance Act (42 calendar year 2017, as well those declared by other increases in facility-related costs: Pro- U.S.C. 5121 et seq.), $600,000,000, to remain the Secretary to be a direct result of Hurri- vided further, That obligations incurred for available until expended: Provided, That the canes Harvey, Irma, or Maria: Provided fur- the purposes provided herein prior to the amount provided under this heading is des- ther, That the amount provided under this date of enactment of this subdivision may be ignated by the Congress as being for an heading is designated by the Congress as charged to funds appropriated by this para- emergency requirement pursuant to section being for an emergency requirement pursu- graph: Provided further, That such amount is 251(b)(2)(A)(i) of the Balanced Budget and ant to section 251(b)(2)(A)(i) of the Balanced designated by the Congress as being for an Emergency Deficit Control Act of 1985: Pro- Budget and Emergency Deficit Control Act emergency requirement pursuant to section vided further, That within the amount appro- of 1985.

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S726 CONGRESSIONAL RECORD — SENATE February 7, 2018 DEPARTMENT OF JUSTICE under this heading is designated by the Con- TITLE III UNITED STATES MARSHALS SERVICE gress as being for an emergency requirement DEPARTMENT OF DEFENSE pursuant to section 251(b)(2)(A)(i) of the Bal- DEPARTMENT OF DEFENSE—MILITARY SALARIES AND EXPENSES anced Budget and Emergency Deficit Control For an additional amount for ‘‘Salaries Act of 1985: Provided further, That the Na- OPERATION AND MAINTENANCE and Expenses’’ for necessary expenses related tional Science Foundation shall submit a OPERATION AND MAINTENANCE, ARMY to the consequences of Hurricanes Harvey, spending plan to the Committees on Appro- For an additional amount for ‘‘Operation Irma, and Maria, $2,500,000: Provided, That priations of the House of Representatives and Maintenance, Army’’, $20,110,000, for nec- the amount provided under this heading is and the Senate within 45 days after the date essary expenses related to the consequences designated by the Congress as being for an of enactment of this subdivision. of Hurricanes Harvey, Irma, and Maria: Pro- emergency requirement pursuant to section RELATED AGENCIES vided, That such amount is designated by the 251(b)(2)(A)(i) of the Balanced Budget and LEGAL SERVICES CORPORATION Congress as being for an emergency require- Emergency Deficit Control Act of 1985. PAYMENT TO THE LEGAL SERVICES ment pursuant to section 251(b)(2)(A)(i) of FEDERAL BUREAU OF INVESTIGATION CORPORATION the Balanced Budget and Emergency Deficit SALARIES AND EXPENSES For an additional amount for ‘‘Payment to Control Act of 1985. For an additional amount for ‘‘Salaries the Legal Services Corporation’’ to carry out OPERATION AND MAINTENANCE, NAVY and Expenses’’ for necessary expenses related the purposes of the Legal Services Corpora- For an additional amount for ‘‘Operation to the consequences of Hurricanes Harvey, tion Act by providing for necessary expenses and Maintenance, Navy’’, $267,796,000, for Irma, and Maria, $21,200,000: Provided, That related to the consequences of Hurricanes necessary expenses related to the con- the amount provided under this heading is Harvey, Irma, and Maria and of the calendar sequences of Hurricanes Harvey, Irma, and designated by the Congress as being for an year 2017 wildfires, $15,000,000: Provided, That Maria: Provided, That such amount is des- emergency requirement pursuant to section the amount made available under this head- ignated by the Congress as being for an 251(b)(2)(A)(i) of the Balanced Budget and ing shall be used only to provide the mobile emergency requirement pursuant to section Emergency Deficit Control Act of 1985. resources, technology, and disaster coordina- 251(b)(2)(A)(i) of the Balanced Budget and tors necessary to provide storm-related serv- Emergency Deficit Control Act of 1985. DRUG ENFORCEMENT ADMINISTRATION ices to the Legal Services Corporation client SALARIES AND EXPENSES population and only in the areas signifi- OPERATION AND MAINTENANCE, MARINE CORPS For an additional amount for ‘‘Salaries cantly affected by Hurricanes Harvey, Irma, For an additional amount for ‘‘Operation and Expenses’’ for necessary expenses related and Maria and by the calendar year 2017 and Maintenance, Marine Corps’’, $17,920,000, to the consequences of Hurricanes Harvey, wildfires: Provided further, That such amount for necessary expenses related to the con- Irma, and Maria, $11,500,000: Provided, That is designated by the Congress as being for an sequences of Hurricanes Harvey, Irma, and the amount provided under this heading is emergency requirement pursuant to section Maria: Provided, That such amount is des- designated by the Congress as being for an 251(b)(2)(A)(i) of the Balanced Budget and ignated by the Congress as being for an emergency requirement pursuant to section Emergency Deficit Control Act of 1985: Pro- emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and vided further, That none of the funds appro- 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. priated in this subdivision to the Legal Serv- Emergency Deficit Control Act of 1985. ices Corporation shall be expended for any OPERATION AND MAINTENANCE, AIR FORCE FEDERAL PRISON SYSTEM purpose prohibited or limited by, or contrary SALARIES AND EXPENSES to any of the provisions of, sections 501, 502, For an additional amount for ‘‘Operation and Maintenance, Air Force’’, $20,916,000, for For an additional amount for ‘‘Salaries 503, 504, 505, and 506 of Public Law 105–119, necessary expenses related to the con- and Expenses’’ for necessary expenses related and all funds appropriated in this subdivision sequences of Hurricanes Harvey, Irma, and to the consequences of Hurricanes Harvey, to the Legal Services Corporation shall be Maria: Provided, That such amount is des- Irma, and Maria, $16,000,000: Provided, That subject to the same terms and conditions set ignated by the Congress as being for an the amount provided under this heading is forth in such sections, except that all ref- emergency requirement pursuant to section designated by the Congress as being for an erences in sections 502 and 503 to 1997 and 251(b)(2)(A)(i) of the Balanced Budget and emergency requirement pursuant to section 1998 shall be deemed to refer instead to 2017 Emergency Deficit Control Act of 1985. 251(b)(2)(A)(i) of the Balanced Budget and and 2018, respectively, and except that sec- tions 501 and 503 of Public Law 104–134 (ref- Emergency Deficit Control Act of 1985. OPERATION AND MAINTENANCE, DEFENSE-WIDE erenced by Public Law 105–119) shall not BUILDINGS AND FACILITIES For an additional amount for ‘‘Operation apply to the amount made available under and Maintenance, Defense-Wide’’, $2,650,000, For an additional amount for ‘‘Buildings this heading: Provided further, That, for the for necessary expenses related to the con- purposes of this subdivision, the Legal Serv- and Facilities’’ for necessary expenses re- sequences of Hurricanes Harvey, Irma, and ices Corporation shall be considered an agen- lated to the consequences of Hurricanes Har- Maria: Provided, That such amount is des- cy of the United States Government. vey, Irma, and Maria, $34,000,000, to remain ignated by the Congress as being for an available until expended: Provided, That the GENERAL PROVISION—THIS TITLE emergency requirement pursuant to section amount provided under this heading is des- SEC. 20201. (a) In recognition of the consist- 251(b)(2)(A)(i) of the Balanced Budget and ignated by the Congress as being for an ency of the Mid-Barataria Sediment Diver- Emergency Deficit Control Act of 1985. emergency requirement pursuant to section sion, Mid-Breton Sound Sediment Diversion, OPERATION AND MAINTENANCE, ARMY 251(b)(2)(A)(i) of the Balanced Budget and and Calcasieu Ship Channel Salinity Control RESERVE Emergency Deficit Control Act of 1985. Measures projects, as selected by the 2017 SCIENCE Louisiana Comprehensive Master Plan for a For an additional amount for ‘‘Operation Sustainable Coast, with the findings and pol- and Maintenance, Army Reserve’’, NATIONAL AERONAUTICS AND SPACE icy declarations in section 2(6) of the Marine $12,500,000, for necessary expenses related to ADMINISTRATION Mammal Protection Act (16 U.S.C. 1361 et the consequences of Hurricanes Harvey, CONSTRUCTION AND ENVIRONMENTAL seq., as amended) regarding maintaining the Irma, and Maria: Provided, That such amount COMPLIANCE AND RESTORATION health and stability of the marine eco- is designated by the Congress as being for an For an additional amount for ‘‘Construc- system, within 120 days of the enactment of emergency requirement pursuant to section tion and Environmental Compliance and this section, the Secretary of Commerce 251(b)(2)(A)(i) of the Balanced Budget and Restoration’’ for repairs at National Aero- shall issue a waiver pursuant to section Emergency Deficit Control Act of 1985. nautics and Space Administration facilities 101(a)(3)(A) and this section to section 101(a) OPERATION AND MAINTENANCE, NAVY RESERVE damaged by hurricanes during 2017, and section 102(a) of the Act, for such For an additional amount for ‘‘Operation $81,300,000, to remain available until ex- projects that will remain in effect for the du- and Maintenance, Navy Reserve’’, $2,922,000, pended: Provided, That the amount provided ration of the construction, operations and for necessary expenses related to the con- under this heading is designated by the Con- maintenance of the projects. No rulemaking, sequences of Hurricanes Harvey, Irma, and gress as being for an emergency requirement permit, determination, or other condition or Maria: Provided, That such amount is des- pursuant to section 251(b)(2)(A)(i) of the Bal- limitation shall be required when issuing a ignated by the Congress as being for an anced Budget and Emergency Deficit Control waiver pursuant to this section. emergency requirement pursuant to section (b) Upon issuance of a waiver pursuant to Act of 1985. 251(b)(2)(A)(i) of the Balanced Budget and this section, the State of Louisiana shall, in NATIONAL SCIENCE FOUNDATION Emergency Deficit Control Act of 1985. consultation with the Secretary of Com- RESEARCH AND RELATED ACTIVITIES merce: OPERATION AND MAINTENANCE, AIR FORCE For an additional amount for ‘‘Research (1) To the extent practicable and con- RESERVE and Related Activities’’ for necessary ex- sistent with the purposes of the projects, For an additional amount for ‘‘Operation penses to repair National Science Founda- minimize impacts on marine mammal spe- and Maintenance, Air Force Reserve’’, tion radio observatory facilities damaged by cies and population stocks; and $5,770,000, for necessary expenses related to hurricanes that occurred during 2017, (2) Monitor and evaluate the impacts of the the consequences of Hurricanes Harvey, $16,300,000, to remain available until ex- projects on such species and population Irma, and Maria: Provided, That such amount pended: Provided, That the amount provided stocks. is designated by the Congress as being for an

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S727 emergency requirement pursuant to section monthly report to the Committees on Appro- mittees on Appropriations of the House of 251(b)(2)(A)(i) of the Balanced Budget and priations of the House of Representatives Representatives and the Senate detailing the Emergency Deficit Control Act of 1985. and the Senate detailing the allocation and allocation and obligation of these funds, be- OPERATION AND MAINTENANCE, ARMY obligation of these funds, including new ginning not later than 60 days after the en- NATIONAL GUARD studies selected to be initiated using funds actment of this subdivision. provided under this heading, beginning not For an additional amount for ‘‘Operation MISSISSIPPI RIVER AND TRIBUTARIES later than 60 days after the enactment of and Maintenance, Army National Guard’’, For an additional amount for ‘‘Mississippi this subdivision. $55,471,000, for necessary expenses related to River and Tributaries’’ for necessary ex- the consequences of Hurricanes Harvey, CONSTRUCTION penses to address emergency situations at Irma, and Maria: Provided, That such amount For an additional amount for ‘‘Construc- Corps of Engineers projects, and to con- is designated by the Congress as being for an tion’’ for necessary expenses to address struct, and rehabilitate and repair damages emergency requirement pursuant to section emergency situations at Corps of Engineers to Corps of Engineers projects, caused by 251(b)(2)(A)(i) of the Balanced Budget and projects, and to construct, and rehabilitate natural disasters, $770,000,000, to remain Emergency Deficit Control Act of 1985. and repair damages caused by natural disas- available until expended: Provided, That of PROCUREMENT ters, to Corps of Engineers projects, such amount, $400,000,000 is available to con- $15,055,000,000, to remain available until ex- struct flood and storm damage reduction OTHER PROCUREMENT, NAVY pended: Provided, That of such amount, projects which are currently authorized or For an additional amount for ‘‘Other Pro- $15,000,000,000 is available to construct flood which are authorized after the date of enact- curement, Navy’’ $18,000,000, to remain avail- and storm damage reduction, including shore ment of this subdivision: Provided further, able until September 30, 2020, for necessary protection, projects which are currently au- That such amount is designated by the Con- expenses related to the consequences of Hur- thorized or which are authorized after the gress as being for an emergency requirement ricanes Harvey, Irma, and Maria: Provided, date of enactment of this subdivision, and pursuant to section 251(b)(2)(A)(i) of the Bal- That such amount is designated by the Con- flood and storm damage reduction, including anced Budget and Emergency Deficit Control gress as being for an emergency requirement shore protection, projects which have signed Act of 1985: Provided further, That the Assist- pursuant to section 251(b)(2)(A)(i) of the Bal- Chief’s Reports as of the date of enactment ant Secretary of the Army for Civil Works anced Budget and Emergency Deficit Control of this subdivision or which are studied using shall provide a monthly report to the Com- Act of 1985. funds provided under the heading ‘‘Investiga- mittees on Appropriations of the House of REVOLVING AND MANAGEMENT FUNDS tions’’ if the Secretary determines such Representatives and the Senate detailing the DEFENSE WORKING CAPITAL FUNDS projects to be technically feasible, economi- allocation and obligation of these funds, be- For an additional amount for ‘‘Defense cally justified, and environmentally accept- ginning not later than 60 days after the en- Working Capital Funds’’ for the Navy Work- able, in States and insular areas with more actment of this subdivision. ing Capital Fund, $9,486,000, for necessary ex- than one flood-related major disaster de- OPERATION AND MAINTENANCE penses related to the consequences of Hurri- clared pursuant to the Robert T. Stafford For an additional amount for ‘‘Operation canes Harvey, Irma, and Maria: Provided, Disaster Relief and Emergency Assistance and Maintenance’’ for necessary expenses to That such amount is designated by the Con- Act (42 U.S.C. 5121 et seq.) in calendar years dredge Federal navigation projects in re- gress as being for an emergency requirement 2014, 2015, 2016, or 2017: Provided further, That sponse to, and repair damages to Corps of pursuant to section 251(b)(2)(A)(i) of the Bal- of the amounts in the preceding proviso, not Engineers Federal projects caused by, nat- anced Budget and Emergency Deficit Control less than $10,425,000,000 shall be available for ural disasters, $608,000,000, to remain avail- Act of 1985. such projects within States and insular areas able until expended, of which such sums as that were impacted by Hurricanes Harvey, OTHER DEPARTMENT OF DEFENSE are necessary to cover the Federal share of Irma, and Maria: Provided further, That all PROGRAMS eligible operation and maintenance costs for repair, rehabilitation, study, design, and coastal harbors and channels, and for inland DEFENSE HEALTH PROGRAM construction of Corps of Engineers projects harbors shall be derived from the Harbor For an additional amount for operation in Puerto Rico and the United States Virgin Maintenance Trust Fund: Provided, That and maintenance for ‘‘Defense Health Pro- Islands, using funds provided under this such amount is designated by the Congress gram’’, $704,000, for necessary expenses re- heading, shall be conducted at full Federal as being for an emergency requirement pur- lated to the consequences of Hurricanes Har- expense: Provided further, That for projects suant to section 251(b)(2)(A)(i) of the Bal- vey, Irma, and Maria: Provided, That such receiving funding under this heading, the anced Budget and Emergency Deficit Control amount is designated by the Congress as provisions of section 902 of the Water Re- Act of 1985: Provided further, That the Assist- being for an emergency requirement pursu- sources Development Act of 1986 shall not ant Secretary of the Army for Civil Works ant to section 251(b)(2)(A)(i) of the Balanced apply to these funds: Provided further, That shall provide a monthly report to the Com- Budget and Emergency Deficit Control Act the completion of ongoing construction mittees on Appropriations of the House of of 1985. projects receiving funds provided under this Representatives and the Senate detailing the TITLE IV heading shall be at full Federal expense with allocation and obligation of these funds, be- CORPS OF ENGINEERS—CIVIL respect to such funds: Provided further, That ginning not later than 60 days after the en- using funds provided under this heading, the actment of this subdivision. DEPARTMENT OF THE ARMY non-Federal cash contribution for projects FLOOD CONTROL AND COASTAL EMERGENCIES INVESTIGATIONS eligible for funding pursuant to the first pro- For an additional amount for ‘‘Investiga- viso shall be financed in accordance with the For an additional amount for ‘‘Flood Con- tions’’ for necessary expenses related to the provisions of section 103(k) of Public Law 99– trol and Coastal Emergencies’’, as authorized completion, or initiation and completion, of 662 over a period of 30 years from the date of by section 5 of the Act of August 18, 1941 (33 flood and storm damage reduction, including completion of the project or separable ele- U.S.C. 701n), for necessary expenses to pre- shore protection, studies which are currently ment: Provided further, That up to $50,000,000 pare for flood, hurricane and other natural authorized or which are authorized after the of the funds made available under this head- disasters and support emergency operations, date of enactment of this subdivision, to re- ing shall be used for continuing authorities repairs, and other activities in response to duce risk from future floods and hurricanes, projects to reduce the risk of flooding and such disasters, as authorized by law, at full Federal expense, $135,000,000, to re- storm damage: Provided further, That any $810,000,000, to remain available until ex- main available until expended: Provided, projects using funds appropriated under this pended: Provided, That funding utilized for That of such amount, not less than heading shall be initiated only after non- authorized shore protection projects shall re- $75,000,000 is available for such studies in Federal interests have entered into binding store such projects to the full project profile States and insular areas that were impacted agreements with the Secretary requiring, at full Federal expense: Provided further, by Hurricanes Harvey, Irma, and Maria: Pro- where applicable, the non-Federal interests That such amount is designated by the Con- vided further, That funds made available to pay 100 percent of the operation, mainte- gress as being for an emergency requirement under this heading shall be for high-priority nance, repair, replacement, and rehabilita- pursuant to section 251(b)(2)(A)(i) of the Bal- studies of projects in States and insular tion costs of the project and to hold and save anced Budget and Emergency Deficit Control areas with more than one flood-related the United States free from damages due to Act of 1985: Provided further, That the Assist- major disaster declared pursuant to the Rob- the construction or operation and mainte- ant Secretary of the Army for Civil Works ert T. Stafford Disaster Relief and Emer- nance of the project, except for damages due shall provide a monthly report to the Com- gency Assistance Act (42 U.S.C. 5121 et seq.) to the fault or negligence of the United mittees on Appropriations of the House of in calendar years 2014, 2015, 2016, or 2017: Pro- States or its contractors: Provided further, Representatives and the Senate detailing the vided further, That such amount is des- That such amount is designated by the Con- allocation and obligation of these funds, be- ignated by the Congress as being for an gress as being for an emergency requirement ginning not later than 60 days after the en- emergency requirement pursuant to section pursuant to section 251(b)(2)(A)(i) of the Bal- actment of this subdivision. 251(b)(2)(A)(i) of the Balanced Budget and anced Budget and Emergency Deficit Control EXPENSES Emergency Deficit Control Act of 1985: Pro- Act of 1985: Provided further, That the Assist- For an additional amount for ‘‘Expenses’’ vided further, That the Assistant Secretary of ant Secretary of the Army for Civil Works for necessary expenses to administer and the Army for Civil Works shall provide a shall provide a monthly report to the Com- oversee the obligation and expenditure of

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S728 CONGRESSIONAL RECORD — SENATE February 7, 2018 amounts provided in this title for the Corps monthly report to the Committees on Appro- SECURITY, ENFORCEMENT, AND of Engineers, $20,000,000, to remain available priations of the House of Representatives INVESTIGATIONS until expended: Provided, That such amount and the Senate detailing the allocation and U.S. CUSTOMS AND BORDER PROTECTION is designated by the Congress as being for an obligation of these funds, beginning not later OPERATIONS AND SUPPORT emergency requirement pursuant to section than 60 days after the enactment of this sub- 251(b)(2)(A)(i) of the Balanced Budget and division. For an additional amount for ‘‘Operations and Support’’ for necessary expenses related Emergency Deficit Control Act of 1985: Pro- TITLE V vided further, That the Assistant Secretary of to the consequences of Hurricanes Harvey, the Army for Civil Works shall provide a INDEPENDENT AGENCIES Irma, and Maria, $104,494,000, to remain available until September 30, 2019: Provided, monthly report to the Committees on Appro- GENERAL SERVICES ADMINISTRATION priations of the House of Representatives That such amount is designated by the Con- and the Senate detailing the allocation and REAL PROPERTY ACTIVITIES gress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Bal- obligation of these funds, beginning not later FEDERAL BUILDINGS FUND than 60 days after enactment of this subdivi- anced Budget and Emergency Deficit Control For an additional amount to be deposited sion. Act of 1985: Provided further, That not more in the ‘‘Federal Buildings Fund’’, $126,951,000, than $39,400,000 may be used to carry out DEPARTMENT OF ENERGY to remain available until expended, for nec- U.S. Customs and Border Protection activi- ENERGY PROGRAMS essary expenses related to the consequences ties in fiscal year 2018 in Puerto Rico and the ELECTRICITY DELIVERY AND ENERGY of Hurricanes Harvey, Maria, and Irma for United States Virgin Islands, in addition to RELIABILITY repair and alteration of buildings under the any other amounts available for such pur- For an additional amount for ‘‘Electricity custody and control of the Administrator of poses. Delivery and Energy Reliability’’, $13,000,000, General Services, and real property manage- PROCUREMENT, CONSTRUCTION, AND to remain available until expended, for nec- ment and related activities not otherwise IMPROVEMENTS provided for: Provided, That funds may be essary expenses related to the consequences For an additional amount for ‘‘Procure- used to reimburse the ‘‘Federal Buildings of Hurricanes Harvey, Irma, and Maria, in- ment, Construction, and Improvements’’ for Fund’’ for obligations incurred for this pur- cluding technical assistance related to elec- necessary expenses related to the con- pose prior to enactment of this subdivision: tric grids: Provided, That such amount is des- sequences of Hurricanes Harvey, Irma, and Provided further, That not more than ignated by the Congress as being for an Maria, including for the reconstruction of fa- $15,000,000 shall be available for tenant im- emergency requirement pursuant to section cilities affected, $45,000,000, to remain avail- provements in damaged U.S. courthouses: 251(b)(2)(A)(i) of the Balanced Budget and able until September 30, 2022: Provided, That Provided further, That such amount is des- Emergency Deficit Control Act of 1985. such amount is designated by the Congress ignated by the Congress as being for an STRATEGIC PETROLEUM RESERVE as being for an emergency requirement pur- emergency requirement pursuant to section For an additional amount for ‘‘Strategic suant to section 251(b)(2)(A)(i) of the Bal- 251(b)(2)(A)(i) of the Balanced Budget and Petroleum Reserve’’, $8,716,000, to remain anced Budget and Emergency Deficit Control Emergency Deficit Control Act of 1985. available until expended, for necessary ex- Act of 1985: Provided further, That funds are penses related to damages caused by Hurri- SMALL BUSINESS ADMINISTRATION provided to carry out U.S. Customs and Bor- canes Harvey, Irma, and Maria: Provided, OFFICE OF INSPECTOR GENERAL der Protection activities in Puerto Rico and That such amount is designated by the Con- the United States Virgin Islands, in addition gress as being for an emergency requirement For an additional amount for the ‘‘Office of to any other amounts available for such pur- pursuant to section 251(b)(2)(A)(i) of the Bal- Inspector General’’, $7,000,000, to remain poses. available until expended: Provided, That such anced Budget and Emergency Deficit Control U.S. IMMIGRATION AND CUSTOMS amount is designated by the Congress as Act of 1985. ENFORCEMENT being for an emergency requirement pursu- GENERAL PROVISIONS—THIS TITLE ant to section 251(b)(2)(A)(i) of the Balanced OPERATIONS AND SUPPORT SEC. 20401. In fiscal year 2018, and each fis- Budget and Emergency Deficit Control Act For an additional amount for ‘‘Operations cal year thereafter, the Chief of Engineers of of 1985. and Support’’ for necessary expenses related the U.S. Army Corps of Engineers shall to the consequences of Hurricanes Harvey, DISASTER LOANS PROGRAM ACCOUNT transmit to the Congress, after reasonable Irma, and Maria, $30,905,000, to remain avail- opportunity for comment, but without (INCLUDING TRANSFER OF FUNDS) able until September 30, 2019: Provided, That change, by the Assistant Secretary of the For an additional amount for the ‘‘Disaster such amount is designated by the Congress Army for Civil Works, a monthly report, the Loans Program Account’’ for the cost of di- as being for an emergency requirement pur- first of which shall be transmitted to Con- rect loans authorized by section 7(b) of the suant to section 251(b)(2)(A)(i) of the Bal- gress not later than 2 days after the date of Small Business Act, $1,652,000,000, to remain anced Budget and Emergency Deficit Control enactment of this subdivision and monthly available until expended: Provided, That up Act of 1985. thereafter, which includes detailed estimates to $618,000,000 may be transferred to and PROCUREMENT, CONSTRUCTION, AND of damages to each Corps of Engineers merged with ‘‘Salaries and Expenses’’ for ad- IMPROVEMENTS project, caused by natural disasters or other- ministrative expenses to carry out the dis- wise. For an additional amount for ‘‘Procure- aster loan program authorized by section SEC. 20402. From the unobligated balances ment, Construction, and Improvements’’ for of amounts made available to the U.S. Army 7(b) of the Small Business Act: Provided fur- necessary expenses related to the con- Corps of Engineers, $518,900,000 under the ther, That none of the funds provided under sequences of Hurricanes Harvey, Irma, and heading ‘‘Corps of Engineers—Civil, Flood this heading may be used for indirect admin- Maria, $33,052,000, to remain available until Control and Coastal Emergencies’’ and istrative expenses: Provided further, That the September 30, 2022: Provided, That such $210,000,000 under the heading ‘‘Corps of Engi- amount provided under this heading is des- amount is designated by the Congress as neers—Civil, Operations and Maintenance’’ ignated by the Congress as being for an being for an emergency requirement pursu- in title X of the Disaster Relief Appropria- emergency requirement pursuant to section ant to section 251(b)(2)(A)(i) of the Balanced tions Act, 2013 (Public Law 113–2; 127 Stat. 25) 251(b)(2)(A)(i) of the Balanced Budget and Budget and Emergency Deficit Control Act shall be transferred to ‘‘Corps of Engineers— Emergency Deficit Control Act of 1985. of 1985. Civil, Construction’’, to remain available TITLE VI TRANSPORTATION SECURITY ADMINISTRATION until expended, to rehabilitate, repair and DEPARTMENT OF HOMELAND SECURITY OPERATIONS AND SUPPORT construct Corps of Engineers projects: Pro- For an additional amount for ‘‘Operations DEPARTMENTAL MANAGEMENT, OPER- vided, That those projects may only include and Support’’ for necessary expenses related ATIONS, INTELLIGENCE, AND OVER- construction expenses, including cost shar- to the consequences of Hurricanes Harvey, SIGHT ing, as described under the heading ‘‘Corps of Irma, and Maria, $10,322,000, to remain avail- Engineers—Civil, Construction’’ in title X of OFFICE OF INSPECTOR GENERAL able until September 30, 2019: Provided, That that Act or other construction expenses re- OPERATIONS AND SUPPORT such amount is designated by the Congress lated to the consequences of Hurricane as being for an emergency requirement pur- Sandy: Provided further, That amounts trans- For an additional amount for ‘‘Operations suant to section 251(b)(2)(A)(i) of the Bal- ferred pursuant to this section that were pre- and Support’’ for necessary expenses related anced Budget and Emergency Deficit Control viously designated by the Congress as an to the consequences of Hurricanes Harvey, Act of 1985. emergency requirement pursuant to the Bal- Irma, and Maria, $25,000,000, to remain avail- anced Budget and Emergency Deficit Control able until September 30, 2020, for audits and COAST GUARD Act are designated by the Congress as an investigations of activities funded by this OPERATING EXPENSES emergency requirement pursuant to section title: Provided, That such amount is des- For an additional amount for ‘‘Operating 251(b)(2)(A)(i) of the Balanced Budget and ignated by the Congress as being for an Expenses’’ for necessary expenses related to Emergency Deficit Control Act of 1985: Pro- emergency requirement pursuant to section the consequences of Hurricanes Harvey, vided further, That the Assistant Secretary of 251(b)(2)(A)(i) of the Balanced Budget and Irma, and Maria, $112,136,000, to remain the Army for Civil Works shall provide a Emergency Deficit Control Act of 1985. available until September 30, 2019: Provided,

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S729 That such amount is designated by the Con- sion assignment task order, the Adminis- amount is designated by the Congress as gress as being for an emergency requirement trator shall publish on the Agency’s website being for an emergency requirement pursu- pursuant to section 251(b)(2)(A)(i) of the Bal- the following: the name of the impacted ant to section 251(b)(2)(A)(i) of the Balanced anced Budget and Emergency Deficit Control State, the disaster declaration for such Budget and Emergency Deficit Control Act Act of 1985. State, the assigned agency, the assistance of 1985. ENVIRONMENTAL COMPLIANCE AND requested, a description of the disaster, the GENERAL PROVISIONS—THIS TITLE RESTORATION total cost estimate, and the amount obli- SEC. 20601. The Administrator of the Fed- For an additional amount for ‘‘Environ- gated: Provided further, That not later than eral Emergency Management Agency may mental Compliance and Restoration’’ for 10 days after the last day of each month provide assistance, pursuant to section 428 of necessary expenses related to the con- until a mission assignment or mission as- the Robert T. Stafford Disaster Relief and sequences of Hurricanes Harvey, Irma, and signment task order described in the pre- Emergency Assistance Act (42 U.S.C. 5121 et Maria, $4,038,000, to remain available until ceding proviso is completed and closed out, seq.), for critical services as defined in sec- September 30, 2022: Provided, That such the Administrator shall update any changes tion 406 of the Robert T. Stafford Disaster amount is designated by the Congress as to the total cost estimate and the amount Relief and Emergency Assistance Act for the being for an emergency requirement pursu- obligated: Provided further, That for a dis- duration of the recovery for incidents DR– ant to section 251(b)(2)(A)(i) of the Balanced aster declaration related to Hurricanes Har- 4336–PR, DR–4339–PR, DR–4340-USVI, and Budget and Emergency Deficit Control Act vey, Irma, or Maria, the Administrator shall DR–4335–USVI to— of 1985. submit to the Committees on Appropriations (1) replace or restore the function of a fa- of the House of Representatives and the Sen- cility or system to industry standards with- ACQUISITION, CONSTRUCTION, AND ate, not later than 5 days after the first day out regard to the pre-disaster condition of IMPROVEMENTS of each month beginning after the date of en- the facility or system; and For an additional amount for Acquisition, actment of this subdivision, and shall pub- (2) replace or restore components of the fa- Construction, and Improvements’’ for nec- lish on the Agency’s website, not later than cility or system not damaged by the disaster essary expenses related to the consequences 10 days after the first day of each such where necessary to fully effectuate the re- of Hurricanes Harvey, Irma, Maria, and Mat- month, an estimate or actual amount, if placement or restoration of disaster-dam- thew, $718,919,000, to remain available until available, for the current fiscal year of the aged components to restore the function of September 30, 2022: Provided, That, not later cost of the following categories of spending: the facility or system to industry standards. than 60 days after enactment of this subdivi- public assistance, individual assistance, op- SEC. 20602. Notwithstanding section 404 or sion, the Secretary of Homeland Security, or erations, mitigation, administrative, and 420 of the Robert T. Stafford Disaster Relief her designee, shall submit to the Committees any other relevant category (including emer- and Emergency Assistance Act (42 U.S.C. on Appropriations of the House of Represent- gency measures and disaster resources): Pro- 5170c and 8187), for fiscal years 2017 and 2018, atives and the Senate a detailed expenditure vided, further, That not later than 10 days the President shall provide hazard mitiga- plan for funds appropriated under this head- after the first day of each month, the Admin- tion assistance in accordance with such sec- ing: Provided further, That such amount is istrator shall publish on the Agency’s tion 404 in any area in which assistance was designated by the Congress as being for an website the report (referred to as the Dis- provided under such section 420. emergency requirement pursuant to section aster Relief Monthly Report) as required by SEC. 20603. The third proviso of the second 251(b)(2)(A)(i) of the Balanced Budget and Public Law 114–4: Provided further, That of paragraph in title I of Public Law 115–72 Emergency Deficit Control Act of 1985. the amounts provided under this heading for under the heading ‘‘Federal Emergency Man- PROTECTION, PREPAREDNESS, the Disaster Relief Fund, up to $150,000,000 agement Agency—Disaster Relief Fund’’ RESPONSE, AND RECOVERY shall be transferred to the Disaster Assist- shall be amended by striking ‘‘180 days’’ and inserting ‘‘365 days’’: Provided, That amounts FEDERAL EMERGENCY MANAGEMENT AGENCY ance Direct Loan Program Account for the repurposed pursuant to this section that OPERATIONS AND SUPPORT cost to lend a territory or possession of the United States that portion of assistance for were previously designated by the Congress For an additional amount for ‘‘Operations which the territory or possession is respon- as an emergency requirement pursuant to and Support’’ for necessary expenses related sible under the cost-sharing provisions of the the Balanced Budget and Emergency Deficit to the consequences of Hurricanes Harvey, major disaster declaration for Hurricanes Control Act are designated by the Congress Irma, and Maria, $58,800,000, to remain avail- Irma or Maria, as authorized under section as an emergency requirement pursuant to able until September 30, 2019: Provided, That 319 of the Robert T. Stafford Disaster Relief section 251(b)(2)(A)(i) of the Balanced Budget such amount is designated by the Congress and Emergency Deficit Control Act of 1985. and Emergency Assistance Act (42 U.S.C. as being for an emergency requirement pur- SEC. 20604. (a) DEFINITION OF PRIVATE NON- 5162): Provided further, That of the amount suant to section 251(b)(2)(A)(i) of the Bal- PROFIT FACILITY.—Section 102(11)(B) of the provided under this paragraph for transfer, anced Budget and Emergency Deficit Control Robert T. Stafford Disaster Relief and Emer- up to $1,000,000 may be transferred to the Act of 1985. gency Assistance Act (42 U.S.C. 5122(11)(B)) is Disaster Assistance Direct Loan Program amended to read as follows: PROCUREMENT, CONSTRUCTION, AND Account for administrative expenses to carry IMPROVEMENTS ‘‘(A) IN GENERAL.—The term ‘private non- out the Advance of Non-Federal Share pro- profit facility’ means private nonprofit edu- For an additional amount for ‘‘Procure- gram, as authorized by section 319 of the cational (without regard to the religious ment, Construction, and Improvements’’ for Robert T. Stafford Disaster Relief and Emer- character of the facility), utility, irrigation, necessary expenses related to the con- gency Assistance Act (42 U.S.C. 5162): Pro- emergency, medical, rehabilitational, and sequences of Hurricanes Harvey, Irma, and vided further, That such amount is des- temporary or permanent custodial care fa- Maria, $1,200,000, to remain available until ignated by the Congress as being for an cilities (including those for the aged and dis- September 30, 2020: Provided, That such emergency requirement pursuant to section abled) and facilities on Indian reservations, amount is designated by the Congress as 251(b)(2)(A)(i) of the Balanced Budget and as defined by the President. being for an emergency requirement pursu- Emergency Deficit Control Act of 1985. ‘‘(B) ADDITIONAL FACILITIES.—In addition ant to section 251(b)(2)(A)(i) of the Balanced RESEARCH, DEVELOPMENT, TRAINING, to the facilities described in subparagraph Budget and Emergency Deficit Control Act AND SERVICES (A), the term ‘private nonprofit facility’ in- of 1985. FEDERAL LAW ENFORCEMENT TRAINING cludes any private nonprofit facility that DISASTER RELIEF FUND CENTERS provides essential social services to the gen- For an additional amount for ‘‘Disaster OPERATIONS AND SUPPORT eral public (including museums, zoos, per- Relief Fund’’ for major disasters declared forming arts facilities, community arts cen- pursuant to the Robert T. Stafford Disaster For an additional amount for ‘‘Operations and Support’’ for necessary expenses related ters, community centers, libraries, homeless Relief and Emergency Assistance Act (42 shelters, senior citizen centers, rehabilita- U.S.C. 5121 et seq.), $23,500,000,000, to remain to the consequences of Hurricanes Harvey, Irma, and Maria, $5,374,000, to remain avail- tion facilities, shelter workshops, broad- available until expended: Provided, That the casting facilities, houses of worship, and fa- Administrator of the Federal Emergency able until September 30, 2019: Provided, That such amount is designated by the Congress cilities that provide health and safety serv- Management Agency shall publish on the ices of a governmental nature), as defined by Agency’s website not later than 5 days after as being for an emergency requirement pur- suant to section 251(b)(2)(A)(i) of the Bal- the President. No house of worship may be an award of a public assistance grant under excluded from this definition because leader- section 406 or 428 of the Robert T. Stafford anced Budget and Emergency Deficit Control Act of 1985. ship or membership in the organization oper- Disaster Relief and Emergency Assistance ating the house of worship is limited to per- Act (42 U.S.C. 5172 or 5189f) that is in excess PROCUREMENT, CONSTRUCTION, AND sons who share a religious faith or prac- of $1,000,000, the specifics of each such grant IMPROVEMENTS tice.’’. award: Provided further, That for any mission For an additional amount for ‘‘Procure- (b) REPAIR, RESTORATION, AND REPLACE- assignment or mission assignment task ment, Construction, and Improvements’’ for MENT OF DAMAGED FACILITIES.—Section order to another Federal department or necessary expenses related to the con- 406(a)(3) of the Robert T. Stafford Disaster agency regarding a major disaster in excess sequences of Hurricanes Harvey, Irma, and Relief and Emergency Assistance Act (42 of $1,000,000, not later than 5 days after the Maria, $5,000,000, to remain available until U.S.C. 5172(a)(3)) is amended by adding at the issuance of such mission assignment or mis- September 30, 2022: Provided, That such end the following:

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‘‘(C) RELIGIOUS FACILITIES.—A church, syn- tuarial assessments of eligible actions, that That grants shall only be available for areas agogue, mosque, temple, or other house of will be recognized for the purpose of increas- that have received a major disaster declara- worship, educational facility, or any other ing the Federal share under this section. tion pursuant to the Robert T. Stafford Dis- private nonprofit facility, shall be eligible Guidance shall ensure that the agency’s re- aster Relief and Emergency Assistance Act for contributions under paragraph (1)(B), view of eligible measures and investments (42 U.S.C. 5121 et seq.): Provided further, That without regard to the religious character of does not unduly delay determining the ap- individual grants shall not be subject to a the facility or the primary religious use of propriate Federal cost share. non-Federal matching requirement: Provided the facility. No house of worship, edu- ‘‘(C) REPORT.—One year after the issuance further, That such amount is designated by cational facility, or any other private non- of the guidance required by subparagraph the Congress as being for an emergency re- profit facility may be excluded from receiv- (B), the Administrator shall submit to the quirement pursuant to section 251(b)(2)(A)(i) ing contributions under paragraph (1)(B) be- Committee on Transportation and Infra- of the Balanced Budget and Emergency Def- cause leadership or membership in the orga- structure of the House of Representatives icit Control Act of 1985. nization operating the house of worship is and the Committee on Homeland Security CONSTRUCTION limited to persons who share a religious and Governmental Affairs of the Senate a re- For an additional amount for ‘‘Construc- faith or practice.’’. port regarding the analysis of the Federal tion’’ for necessary expenses related to the (c) APPLICABILITY.—This section and the cost shares paid under this section. consequences of Hurricanes Harvey, Irma, amendments made by this section shall ‘‘(D) SAVINGS CLAUSE.—Nothing in this and Maria, $207,600,000, to remain available apply— paragraph prevents the President from in- until expended: Provided, That such amount (1) to the provision of assistance in re- creasing the Federal cost share above 85 per- is designated by the Congress as being for an sponse to a major disaster or emergency de- cent.’’. emergency requirement pursuant to section clared on or after August 23, 2017; or SEC. 20607. Division F of the Consolidated 251(b)(2)(A)(i) of the Balanced Budget and (2) with respect to— Appropriations Act, 2017, is amended by in- Emergency Deficit Control Act of 1985. (A) any application for assistance that, as serting the following at the end of Title V: UNITED STATES GEOLOGICAL SURVEY of the date of enactment of this Act, is pend- ‘‘SEC. 545. (a) PREMIUM PAY AUTHORITY.— SURVEYS, INVESTIGATIONS, AND RESEARCH ing before Federal Emergency Management During calendar year 2017, any premium pay For an additional amount for ‘‘Surveys, In- Agency; and that is funded, either directly or through re- vestigations, and Research’’ for necessary (B) any application for assistance that has imbursement, by the ‘Federal Emergency expenses related to the consequences of Hur- been denied, where a challenge to that denial Management Agency—Disaster Relief Fund’ ricanes Harvey, Irma, and Maria, and in is not yet finally resolved as of the date of shall be exempted from the aggregate of those areas impacted by a major disaster de- enactment of this Act. basic pay and premium pay calculated under clared pursuant to the Robert T. Stafford SEC. 20605. (a) The Federal share of assist- section 5547(a) of title 5, United States Code, Disaster Relief and Emergency Assistance ance, including direct Federal assistance, and any other provision of law limiting the Act (42 U.S.C. 5121 et seq.) with respect to provided under section 407 of the Robert T. aggregate amount of premium pay payable wildfires in 2017, $42,246,000, to remain avail- Stafford Disaster Relief and Emergency As- on a biweekly or calendar year basis. able until expended: Provided, That such sistance Act (42 U.S.C. 5173), with respect to ‘‘(b) OVERTIME AUTHORITY.—During cal- amount is designated by the Congress as a major disaster declared pursuant to such endar year 2017, any overtime that is funded, being for an emergency requirement pursu- Act for damages resulting from a wildfire in either directly or through reimbursement, ant to section 251(b)(2)(A)(i) of the Balanced calendar year 2017, shall be 90 percent of the by the ‘Federal Emergency Management Budget and Emergency Deficit Control Act eligible costs under such section. Agency—Disaster Relief Fund’ shall be ex- (b) The Federal share provided by sub- empted from any annual limit on the of 1985. section (a) shall apply to assistance provided amount of overtime payable in a calendar or DEPARTMENTAL OFFICES before, on, or after the date of enactment of fiscal year. INSULAR AFFAIRS this Act. ‘‘(c) APPLICABILITY OF AGGREGATE LIMITA- ASSISTANCE TO TERRITORIES FEDERAL COST-SHARE ADJUSTMENTS FOR RE- TION ON PAY.—In determining whether an For an additional amount for ‘‘Technical PAIR, RESTORATION, AND REPLACEMENT OF employee’s pay exceeds the applicable an- Assistance’’ for financial management ex- DAMAGED FACILITIES nual rate of basic pay payable under section penses related to the consequences of Hurri- 5307 of title 5, United States Code, the head SEC. 20606. Section 406(b) of the Robert T. canes Irma and Maria, $3,000,000, to remain of an Executive agency shall not include pay Stafford Disaster Relief and Emergency As- available until expended: Provided, That such exempted under this section. sistance Act (42 U.S.C. 5172(b)) is amended by amount is designated by the Congress as ‘‘(d) LIMITATION OF PAY AUTHORITY.—Pay inserting after paragraph (2) the following: being for an emergency requirement pursu- exempted from otherwise applicable limits ‘‘(3) INCREASED FEDERAL SHARE.— ant to section 251(b)(2)(A)(i) of the Balanced under subsection (a) shall not cause the ag- ‘‘(A) INCENTIVE MEASURES.—The President Budget and Emergency Deficit Control Act gregate pay earned for the calendar year in may provide incentives to a State or Tribal of 1985. which the exempted pay is earned to exceed government to invest in measures that in- OFFICE OF INSPECTOR GENERAL the rate of basic pay payable for a position crease readiness for, and resilience from, a at level II of the Executive Schedule under SALARIES AND EXPENSES major disaster by recognizing such invest- section 5313 of title 5, United States Code. For an additional amount for ‘‘Salaries ments through a sliding scale that increases ‘‘(e) EFFECTIVE DATE.—This section shall and Expenses’’ for necessary expenses related the minimum Federal share to 85 percent. take effect as if enacted on December 31, to the consequences of Hurricanes Harvey, Such measures may include— 2016.’’. Irma, and Maria, $2,500,000, to remain avail- ‘‘(i) the adoption of a mitigation plan ap- TITLE VII able until expended: Provided, That such proved under section 322; amount is designated by the Congress as DEPARTMENT OF THE INTERIOR ‘‘(ii) investments in disaster relief, insur- being for an emergency requirement pursu- ance, and emergency management programs; UNITED STATES FISH AND WILDLIFE SERVICE ant to section 251(b)(2)(A)(i) of the Balanced ‘‘(iii) encouraging the adoption and en- CONSTRUCTION Budget and Emergency Deficit Control Act forcement of the latest published editions of For an additional amount for ‘‘Construc- of 1985. relevant consensus-based codes, specifica- tion’’ for necessary expenses related to the ENVIRONMENTAL PROTECTION AGENCY tions, and standards that incorporate the consequences of Hurricanes Harvey, Irma, HAZARDOUS SUBSTANCE SUPERFUND latest hazard-resistant designs and establish and Maria, $210,629,000, to remain available For an additional amount for ‘‘Hazardous minimum acceptable criteria for the design, until expended: Provided, That such amount construction, and maintenance of residential Substance Superfund’’ for necessary ex- is designated by the Congress as being for an penses related to the consequences of Hurri- structures and facilities that may be eligible emergency requirement pursuant to section for assistance under this Act for the purpose canes Harvey, Irma, and Maria, $6,200,000, to 251(b)(2)(A)(i) of the Balanced Budget and remain available until expended: Provided, of protecting the health, safety, and general Emergency Deficit Control Act of 1985. welfare of the buildings’ users against disas- That such amount is designated by the Con- ters; NATIONAL PARK SERVICE gress as being for an emergency requirement ‘‘(iv) facilitating participation in the com- HISTORIC PRESERVATION FUND pursuant to section 251(b)(2)(A)(i) of the Bal- munity rating system; and For an additional amount for the ‘‘Historic anced Budget and Emergency Deficit Control ‘‘(v) funding mitigation projects or grant- Preservation Fund’’ for necessary expenses Act of 1985. ing tax incentives for projects that reduce related to the consequences of Hurricanes LEAKING UNDERGROUND STORAGE TANK TRUST risk. Harvey, Irma, and Maria, $50,000,000, to re- FUND PROGRAM ‘‘(B) COMPREHENSIVE GUIDANCE.—Not later main available until September 30, 2019, in- For an additional amount for ‘‘Leaking than 1 year after the date of enactment of cluding costs to States and territories nec- Underground Storage Tank Fund’’ for nec- this paragraph, the President, acting essary to complete compliance activities re- essary expenses related to the consequences through the Administrator, shall issue com- quired by section 306108 of title 54, United of Hurricanes Harvey, Irma, and Maria, prehensive guidance to State and Tribal gov- States Code (formerly section 106 of the Na- $7,000,000, to remain available until ex- ernments regarding the measures and invest- tional Historic Preservation Act) and costs pended: Provided, That such amount is des- ments, weighted appropriately based on ac- needed to administer the program: Provided, ignated by the Congress as being for an

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emergency requirement pursuant to section CAPITAL IMPROVEMENT AND MAINTENANCE Innovation and Opportunity Act, in States, 251(b)(2)(A)(i) of the Balanced Budget and For an additional amount for ‘‘Capital Im- as defined by section 3(56) of such Act, af- Emergency Deficit Control Act of 1985. provement and Maintenance’’ for necessary fected by Hurricanes Harvey, Irma, and STATE AND TRIBAL ASSISTANCE GRANTS expenses related to the consequences of Hur- Maria, a local board, as defined by section For an additional amount for ‘‘State and ricanes Harvey, Irma, and Maria, and the 3(33) of such Act, in a local area, as defined Tribal Assistance Grants’’ for necessary ex- 2017 fire season, $91,600,000, to remain avail- by section 3(32) of such Act, affected by such penses related to the consequences of Hurri- able until expended: Provided, That such Hurricanes may transfer, if such transfer is canes Harvey, Irma, and Maria for the haz- amount is designated by the Congress as approved by the Governor, up to 100 percent ardous waste financial assistance grants pro- being for an emergency requirement pursu- of the funds allocated to the local area for ant to section 251(b)(2)(A)(i) of the Balanced gram and for other solid waste management Program Years 2016 and 2017 for Youth Work- Budget and Emergency Deficit Control Act activities, $50,000,000, to remain available force Investment activities under paragraphs of 1985. until expended: Provided, That none of these (2) or (3) of section 128(b) of such Act, for funds allocated within Region 2 shall be sub- GENERAL PROVISION—THIS TITLE Adult employment and training activities ject to cost share requirements under section SEC. 20701. Agencies receiving funds appro- under paragraphs (2)(A) or (3) of section 3011(b) of the Solid Waste Disposal Act: Pro- priated by this title shall each provide a 133(b) of such Act, or for Dislocated Worker vided further, That such amount is des- monthly report to the Committees on Appro- employment and training activities under ignated by the Congress as being for an priations of the House of Representatives paragraph (2)(B) of section 133(b) of such Act emergency requirement pursuant to section and the Senate detailing the allocation and among— 251(b)(2)(A)(i) of the Balanced Budget and obligation of these funds by account, begin- (1) adult employment and training activi- Emergency Deficit Control Act of 1985. ning not later than 90 days after enactment ties; of this Act. (2) dislocated worker employment and ADMINISTRATIVE PROVISION—ENVIRONMENTAL TITLE VIII training activities; and PROTECTION AGENCY DEPARTMENT OF LABOR (3) youth workforce investment activities. Of amounts previously appropriated for (b) THE VIRGIN ISLANDS.—Except for the MPLOYMENT AND TRAINING ADMINISTRATION capitalization grants for the State Revolving E funds reserved to carry out required state- Funds under title VI of the Federal Water TRAINING AND EMPLOYMENT SERVICES wide activities under sections 127(b) and Pollution Control Act or under section 1452 (INCLUDING TRANSFERS OF FUNDS) 134(a)(2) of the Workforce Innovation and Op- of the Safe Drinking Water Act to a State or For an additional amount for ‘‘Training portunity Act, the Governor of the Virgin Is- territory included as part of a disaster dec- and Employment Services’’, $100,000,000, for lands may authorize the transfer of up to 100 laration related to Hurricanes Irma and the dislocated workers assistance national percent of the remaining funds provided to Maria, all existing grant funds that are reserve for necessary expenses directly re- the Virgin Islands for Program Years 2016 available but not drawn down shall not be lated to the consequences of Hurricanes Har- and 2017 for Youth Workforce Investment ac- subject to the matching or cost share re- vey, Maria, and Irma and those jurisdictions tivities under section 127(b)(1)(B) of such quirements of sections 602(b)(2), 602(b)(3) of that received a major disaster declaration Act, for Adult employment and training ac- the Federal Water Pollution Control Act nor pursuant to the Robert T. Stafford Disaster tivities under section 132(b)(1)(A) of such the matching requirements of section 1452(e) Relief and Emergency Assistance Act (42 Act, or for Dislocated Worker employment of the Safe Drinking Water Act and shall be U.S.C. 5121 et seq.) due to wildfires in 2017, and training activities under section awarded to such state or territory: Provided, which shall be available from the date of en- 133(b)(2)(A) of such Act among— That, notwithstanding the requirements of actment of this subdivision through Sep- (1) adult employment and training activi- section 603(d) of the Federal Water Pollution tember 30, 2019: Provided, That the Secretary ties; Control Act or section 1452(f) of the Safe of Labor may transfer up to $2,500,000 of such (2) dislocated worker employment and Drinking Water Act, the state or territory funds to any other Department of Labor ac- training activities; and shall utilize the full amount of such funds, count for reconstruction and recovery needs, (3) youth workforce investment activities. including worker protection activities: excluding existing loans, to provide addi- Pro- DEPARTMENT OF HEALTH AND HUMAN vided further, That these sums may be used tional subsidization to eligible recipients in SERVICES the form of forgiveness of principal, negative to replace grant funds previously obligated CENTERS FOR DISEASE CONTROL AND interest loans or grants or any combination to the impacted areas: Provided further, That PREVENTION of these: Provided further, That such funds of the amount provided, up to $500,000, to re- may be used for eligible projects whose pur- main available until expended, shall be CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT pose is to repair damage incurred as a result transferred to ‘‘Office of Inspector (INCLUDING TRANSFER OF FUNDS) of Hurricanes Irma and Maria, reduce flood General’’for oversight of activities respond- For an additional amount for ‘‘CDC-Wide damage risk and vulnerability or to enhance ing to such hurricanes and wildfires: Provided Activities and Program Support’’, resiliency to rapid hydrologic change or a further, That such amount is designated by $200,000,000, to remain available until Sep- natural disaster at treatment works as de- the Congress as being for an emergency re- tember 30, 2020, for response, recovery, prepa- fined by section 212 of the Federal Water Pol- quirement pursuant to section 251(b)(2)(A)(i) ration, mitigation, and other expenses di- lution Control Act or a public drinking of the Balanced Budget and Emergency Def- rectly related to the consequences of Hurri- water system under section 1452 of the Safe icit Control Act of 1985. canes Harvey, Irma, and Maria: Provided, Drinking Water Act: Provided further, That JOB CORPS That obligations incurred for the purposes any project involving the repair or replace- For an additional amount for ‘‘Job Corps’’ provided herein prior to the date of enact- ment of a lead service line shall replace the for construction, rehabilitation and acquisi- ment of this subdivision may be charged to entire lead service line, not just a portion. tion for Job Corps Centers in Puerto Rico, funds appropriated by this paragraph: Pro- RELATED AGENCIES $30,900,000, which shall be available upon the vided further, That of the amount provided, date of enactment of this subdivision and re- not less than $6,000,000 shall be transferred to DEPARTMENT OF AGRICULTURE main available for obligation through June the ‘‘Buildings and Facilities’’ account for FOREST SERVICE 30, 2021: Provided, That such amount is des- the purposes provided herein: Provided fur- STATE AND PRIVATE FORESTRY ignated by the Congress as being for an ther, That such amount is designated by the For an additional amount for ‘‘State and emergency requirement pursuant to section Congress as being for an emergency require- Private Forestry’’ for necessary expenses re- 251(b)(2)(A)(i) of the Balanced Budget and ment pursuant to section 251(b)(2)(A)(i) of lated to the consequences of Hurricanes Har- Emergency Deficit Control Act of 1985. the Balanced Budget and Emergency Deficit vey, Irma, and Maria, $7,500,000, to remain GENERAL PROVISIONS—DEPARTMENT OF LABOR Control Act of 1985. available until expended: Provided, That such DEFERRAL OF INTEREST PAYMENTS FOR VIRGIN NATIONAL INSTITUTES OF HEALTH amount is designated by the Congress as ISLANDS OFFICE OF THE DIRECTOR being for an emergency requirement pursu- SEC. 20801. Notwithstanding any other pro- For an additional amount for fiscal year ant to section 251(b)(2)(A)(i) of the Balanced vision of law, the interest payment of the 2018 for ‘‘Office of the Director’’, $50,000,000, Budget and Emergency Deficit Control Act Virgin Islands that was due under section to remain available until September 30, 2020, of 1985. 1202(b)(1) of the Social Security Act on Sep- for response, recovery, and other expenses di- NATIONAL FOREST SYSTEM tember 29, 2017, shall not be due until Sep- rectly related to the consequences of Hurri- For an additional amount for ‘‘National tember 28, 2018, and no interest shall accrue canes Harvey, Irma, and Maria: Provided, Forest System’’ for necessary expenses re- on such amount through September 28, 2018: That obligations incurred for these purposes lated to the consequences of Hurricanes Har- Provided, That such amount is designated by prior to the date of enactment of this sub- vey, Irma, and Maria, $20,652,000, to remain the Congress as being for an emergency re- division may be charged to funds appro- available until expended: Provided, That such quirement pursuant to section 251(b)(2)(A)(i) priated by this paragraph: Provided further, amount is designated by the Congress as of the Balanced Budget and Emergency Def- That funds appropriated by this paragraph being for an emergency requirement pursu- icit Control Act of 1985. may be used for construction grants or con- ant to section 251(b)(2)(A)(i) of the Balanced FLEXIBILITY IN USE OF FUNDS UNDER WIOA tracts under section 404I of the Public Health Budget and Emergency Deficit Control Act SEC. 20802. (a) IN GENERAL.—Notwith- Service Act without regard to section of 1985. standing section 133(b)(4) of the Workforce 404I(c)(2): Provided further, That such amount

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S732 CONGRESSIONAL RECORD — SENATE February 7, 2018 is designated by the Congress as being for an hurricanes: Provided further, That obligations (2) immediate aid to restart school oper- emergency requirement pursuant to section incurred for the purposes provided herein ations and temporary emergency impact aid 251(b)(2)(A)(i) of the Balanced Budget and prior to the date of enactment of this sub- for displaced students described in subpara- Emergency Deficit Control Act of 1985. division may be charged to funds appro- graphs (A) and (B) of paragraph (1) shall be ADMINISTRATION FOR CHILDREN AND FAMILIES priated under this heading: Provided further, provided under the statutory terms and con- That funds appropriated in this paragraph ditions that applied to assistance under sec- CHILDREN AND FAMILIES SERVICES PROGRAMS shall not be available for costs that are reim- tions 102 and 107 of title IV of division B of For an additional amount for ‘‘Children bursed by the Federal Emergency Manage- Public Law 109–148, respectively, except that and Families Services Programs’’, ment Agency, under a contract for insur- such sections shall be applied so that— $650,000,000, to remain available until Sep- ance, or by self-insurance: Provided further, (A) each reference to a major disaster de- tember 30, 2021, for Head Start programs, for That such amount is designated by the Con- clared in accordance with section 401 of the necessary expenses directly related to the gress as being for an emergency requirement Robert T. Stafford Disaster Relief and Emer- consequences of Hurricanes Harvey, Irma, pursuant to section 251(b)(2)(A)(i) of the Bal- gency Assistance Act (42 U.S.C. 5170) shall be and Maria, including making payments anced Budget and Emergency Deficit Control to a major disaster or emergency declared by under the Head Start Act: Provided, That Act of 1985. the President in accordance with section 401 none of the funds appropriated in this para- GENERAL PROVISION—DEPARTMENT OF or 501, respectively, of such Act; graph shall be included in the calculation of HEALTH AND HUMAN SERVICES (B) each reference to Hurricane Katrina or the ‘‘base grant’’ in subsequent fiscal years, DIRECT HIRE AUTHORITY FOR CERTAIN Hurricane Rita shall be a reference to a cov- as such term is defined in sections EMERGENCY RESPONSE POSITIONS ered disaster or emergency; 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the (C) each reference to August 22, 2005 shall SEC. 20803. (a) IN GENERAL.—As the Sec- Head Start Act: Provided further, That funds be to the date that is one week prior to the appropriated in this paragraph are not sub- retary of Health and Human Services deter- mines necessary to respond to a critical hir- date that the major disaster or emergency ject to the allocation requirements of sec- was declared for the area; tion 640(a) of the Head Start Act: Provided ing need for emergency response positions, after providing public notice and without re- (D) each reference to the States of Lou- further, That funds appropriated in this para- gard to the provisions of sections 3309 isiana, Mississippi, Alabama, and Texas shall graph shall not be available for costs that through 3319 of title 5, United States Code, be to the States or territories affected by a are reimbursed by the Federal Emergency the Secretary may appoint candidates di- covered disaster or emergency, and each ref- Management Agency, under a contract for rectly to the following positions, consistent erence to the State educational agencies of insurance, or by self-insurance: Provided fur- with subsection (b), to perform critical work Louisiana, Mississippi, Alabama, or Texas ther, That up to $12,500,000 shall be available directly relating to the consequences of Hur- shall be a reference to the State educational for Federal administrative expenses: Pro- ricanes Harvey, Irma, and Maria: agencies that serve the states or territories vided further, That obligations incurred for (1) Intermittent disaster-response per- affected by a covered disaster or emergency; the purposes provided herein prior to the sonnel in the National Disaster Medical Sys- (E) each reference to the 2005–2006 school date of enactment of this subdivision may be tem, under section 2812 of the Public Health year shall be to the 2017–2018 school year; charged to funds appropriated under this Service Act (42 U.S.C. 300hh–11). (F) the references in section 102(h)(1) of heading: Provided further, That such amount (2) Term or temporary related positions in title IV of division B of Public Law 109–148 to is designated by the Congress as being for an the number of non-public and public elemen- the Centers for Disease Control and Preven- emergency requirement pursuant to section tary schools and secondary schools in the tion and the Office of the Assistant Sec- 251(b)(2)(A)(i) of the Balanced Budget and State shall be to the number of students in retary for Preparedness and Response. Emergency Deficit Control Act of 1985. non-public and public elementary schools (b) EXPIRATION.—The authority under sub- OFFICE OF THE SECRETARY section (a) shall expire 270 days after the and secondary schools in the State, and the reference in such section to the National PUBLIC HEALTH AND SOCIAL SERVICES date of enactment of this section. Center for Data Statistics Common Core of EMERGENCY FUND DEPARTMENT OF EDUCATION Data for the 2003–2004 school year shall be to (INCLUDING TRANSFERS OF FUNDS) HURRICANE EDUCATION RECOVERY the most recent and appropriate data set for For an additional amount for the ‘‘Public (INCLUDING TRANSFER OF FUNDS) the 2016–2017 school year; Health and Social Services Emergency For an additional amount for ‘‘Hurricane (G) in determining the amount of imme- Fund’’, $162,000,000, to remain available until Education Recovery’’ for necessary expenses diate aid provided to restart school oper- September 30, 2020, for response, recovery, related to the consequences of Hurricanes ations as described in section 102(b) of title preparation, mitigation and other expenses Harvey, Irma, and Maria, or wildfires in 2017 IV of division B of Public Law 109–148, the directly related to the consequences of Hur- for which a major disaster or emergency has Secretary shall consider the number of stu- ricanes Harvey, Irma, and Maria, including been declared under sections 401 or 501 of the dents enrolled, during the 2016–2017 school activities authorized under section 319(a) of Robert T. Stafford Disaster Relief and Emer- year, in elementary schools and secondary the Public Health Service Act (referred to in gency Assistance Act (42 U.S.C. 5170 and 5190) schools that were closed as a result of a cov- this subdivision as the ‘‘PHS Act’’): Provided, (referred to under this heading as ‘‘covered ered disaster or emergency; That of the amount provided, $60,000,000 shall disaster or emergency’’), $2,700,000,000, to re- (H) in determining the amount of emer- be transferred to ‘‘Health Resources and main available through September 30, 2022, gency impact aid that a State educational Services Administration—Primary Health for assisting in meeting the educational agency is eligible to receive under paragraph Care’’, for expenses related to the con- needs of individuals affected by a covered (1)(B), the Secretary shall, subject to section sequences of Hurricanes Harvey, Irma, and disaster or emergency: Provided, That such 107(d)(1)(B) of such title, provide— Maria for disaster response and recovery, for amount is designated by the Congress as (i) $9,000 for each displaced student who is the Health Centers Program under section being for an emergency requirement pursu- an English learner, as that term is defined in 330 of the PHS Act: Provided further, That not ant to section 251(b)(2)(A)(i) of the Balanced section 8101 of the Elementary and Sec- less than $50,000,000, of amounts transferred Budget and Emergency Deficit Control Act ondary Education Act of 1965 (20 U.S.C. 7801); under the preceding proviso, shall be avail- of 1985: Provided further, That— (ii) $10,000 for each displaced student who able for alteration, renovation, construction, (1) such funds shall be used— is a child with a disability (regardless of equipment, and other capital improvement (A) to make awards to eligible entities for whether the child is an English learner); and costs as necessary to meet the needs of areas immediate aid to restart school operations, (iii) $8,500 for each displaced student who is affected by Hurricanes Harvey, Irma, and in accordance with paragraph (2); not a child with a disability or an English Maria: Provided further, That the time limi- (B) for temporary emergency impact aid learner; tation in section 330(e)(3) of the PHS Act for displaced students, in accordance with (I) with respect to the emergency impact shall not apply to funds made available paragraph (2); aid provided under paragraph (1)(B), the Sec- under the preceding proviso: Provided further, (C) for emergency assistance to institu- retary may modify the State educational That of the amount provided, not less than tions of higher education and students at- agency and local educational agency applica- $20,000,000 shall be transferred to ‘‘Substance tending institutions of higher education in tion timelines in section 107(c) of such title; Abuse and Mental Health Services Adminis- an area directly affected by a covered dis- and tration—Health Surveillance and Program aster or emergency in accordance with para- (J) each reference to a public elementary Support’’ for grants, contracts, and coopera- graph (3); school may include, as determined by the tive agreements for behavioral health treat- (D) for payments to institutions of higher local educational agency, a publicly-funded ment, crisis counseling, and other related education to help defray the unexpected ex- preschool program that enrolls children helplines, and for other similar programs to penses associated with enrolling displaced below the age of kindergarten entry and is provide support to individuals impacted by students from institutions of higher edu- part of an elementary school; Hurricanes Harvey, Irma, and Maria: Pro- cation directly affected by a covered disaster (3) $100,000,000 of the funds made available vided further, That of the amount provided, or emergency, in accordance with paragraph under this heading shall be for programs au- up to $2,000,000, to remain available until ex- (4); and thorized under subpart 3 of Part A, part C of pended, shall be transferred to ‘‘Office of the (E) to provide assistance to local edu- title IV and part B of title VII of the Higher Secretary—Office of Inspector General’’ for cational agencies serving homeless children Education Act of 1965 (20 U.S.C. 1087–51 et oversight of activities responding to such and youth in accordance with paragraph (5); seq., 1138 et seq.) for institutions located in

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S733 an area affected by a covered disaster or the Balanced Budget and Emergency Deficit TITLE X emergency, and students enrolled in such in- Control Act of 1985; and DEPARTMENT OF DEFENSE stitutions, except that— (10) if any provision under this heading or MILITARY CONSTRUCTION, NAVY AND MARINE application of such provision to any person (A) any requirements relating to matching, CORPS Federal share, reservation of funds, or main- or circumstance is held to be unconstitu- For an additional amount for ‘‘Military tenance of effort under such parts that would tional, the remainder of the provisions under Construction, Navy and Marine Corps’’, otherwise be applicable to that assistance this heading and the application of such pro- $201,636,000, to remain available until Sep- shall not apply; visions to any person or circumstance shall tember 30, 2022, for necessary expenses re- (B) such assistance may be used for stu- not be affected thereby. lated to the consequences of Hurricanes Har- dent financial assistance; GENERAL PROVISION—DEPARTMENT OF vey, Irma, and Maria: Provided, That none of (C) such assistance may also be used for EDUCATION the funds made available to the Navy and faculty and staff salaries, equipment, stu- SEC. 20804. (a) Notwithstanding any other Marine Corps for recovery efforts related to dent supplies and instruments, or any pur- provision of law, the Secretary of Education Hurricanes Harvey, Irma, and Maria in this pose authorized under the Higher Education is hereby authorized to forgive any out- subdivision shall be available for obligation Act of 1965, by institutions of higher edu- standing balance owed to the Department of until the Committees on Appropriations of cation that are located in areas affected by a Education under the HBCU Hurricane Sup- the House of Representatives and the Senate covered disaster or emergency; and plemental Loan program established pursu- receive form 1391 for each specific request: (D) the Secretary shall prioritize, to the ant to section 2601 of Public Law 109–234, as Provided further, That, not later than 60 days extent possible, students who are homeless modified by section 307 of title III of division after enactment of this subdivision, the Sec- or at risk of becoming homeless as a result F of the Consolidated Appropriations Act, retary of the Navy, or his designee, shall of displacement, and institutions that have 2012 (Public Law 112–74), as carried forward submit to the Committees on Appropriations sustained extensive damage, by a covered by the Continuing Appropriations Resolu- of House of Representatives and the Senate a disaster or emergency; tion, 2013 (Public Law 112–175). detailed expenditure plan for funds provided (4) up to $75,000,000 of the funds made avail- (b) There are authorized to be appro- under this heading: Provided further, That able under this heading shall be for pay- priated, and there are hereby appropriated, such funds may be obligated or expended for ments to institutions of higher education to such sums as may be necessary to carry out planning and design and military construc- help defray the unexpected expenses associ- subsection (a): Provided, That such amount is tion projects not otherwise authorized by ated with enrolling displaced students from designated by the Congress as an emergency law: Provided further, That such amount is institutions of higher education at which op- requirement pursuant to section designated by the Congress as being for an erations have been disrupted by a covered 251(b)(2)(A)(i) of the Balance Budget and emergency requirement pursuant to section disaster or emergency, in accordance with Emergency Deficit Control Act of 1985. 251(b)(2)(A)(i) of the Balanced Budget and criteria established by the Secretary and GENERAL PROVISIONS—THIS TITLE Emergency Deficit Control Act of 1985. made publicly available; (INCLUDING TRANSFER OF FUNDS) MILITARY CONSTRUCTION, ARMY NATIONAL (5) $25,000,000 of the funds made available SEC. 20805. Funds appropriated to the De- GUARD under this heading shall be available to pro- partment of Health and Human Services by For an additional amount for ‘‘Military vide assistance to local educational agencies this title may be transferred to, and merged serving homeless children and youths dis- Construction, Army National Guard’’, with, other appropriation accounts under the $519,345,000, to remain available until Sep- placed by a covered disaster or emergency, headings ‘‘Centers for Disease Control and consistent with section 723 of the McKinney- tember 30, 2022, for necessary expenses re- Prevention’’ and ‘‘Public Health and Social lated to the consequences of Hurricanes Har- Vento Homeless Assistance Act (42 U.S.C. Services Emergency Fund’’ for the purposes 11431–11435) and with section 106 of title IV of vey, Irma, and Maria: Provided, That none of specified in this title following consultation the funds made available to the Army Na- division B of Public Law 109-148, except that with the Office of Management and Budget: funds shall be disbursed based on dem- tional Guard for recovery efforts related to Provided, That the Committees on Appropria- Hurricanes Harvey, Irma, and Maria in this onstrated need and the number of homeless tions in the House of Representatives and children and youth enrolled as a result of subdivision shall be available for obligation the Senate shall be notified 10 days in ad- until the Committees on Appropriations of displacement by a covered disaster or emer- vance of any such transfer: Provided further, gency; the House of Representatives and the Senate That, upon a determination that all or part receive form 1391 for each specific request: (6) section 437 of the General Education of the funds transferred from an appropria- Provisions Act (20 U.S.C. 1232) and section Provided further, That, not later than 60 days tion are not necessary, such amounts may be after enactment of this subdivision, the Di- 553 of title 5, United States Code, shall not transferred back to that appropriation: Pro- apply to activities under this heading; rector of the Army National Guard, or his vided further, That none of the funds made designee, shall submit to the Committees on (7) $4,000,000 of the funds made available available by this title may be transferred under this heading, to remain available until Appropriations of the House of Representa- pursuant to the authority in section 205 of tives and the Senate a detailed expenditure expended, shall be transferred to the Office division H of Public Law 115–31 or section of the Inspector General of the Department plan for funds provided under this heading: 241(a) of the PHS Act. Provided further, That such funds may be ob- of Education for oversight of activities sup- SEC. 20806. Not later than 30 days after en- ligated or expended for planning and design ported with funds appropriated under this actment of this subdivision, the Secretary of and military construction projects not oth- heading, and up to $3,000,000 of the funds Health and Human Services shall provide a erwise authorized by law: Provided further, made available under this heading shall be detailed spend plan of anticipated uses of That such amount is designated by the Con- for program administration; funds made available in this title, including gress as being for an emergency requirement (8) up to $35,000,000 of the funds made avail- estimated personnel and administrative pursuant to section 251(b)(2)(A)(i) of the Bal- able under this heading shall be to carry out costs, to the Committees on Appropriations: anced Budget and Emergency Deficit Control activities authorized under section 4631(b) of Provided, That such plans shall be updated Act of 1985. the Elementary and Secondary Education and submitted to the Committees on Appro- Act of 1965 (20 U.S.C. 7281(b)): Provided, That priations every 60 days until all funds are ex- DEPARTMENT OF VETERANS AFFAIRS obligations incurred for the purposes pro- pended or expire. VETERANS HEALTH ADMINISTRATION vided herein prior to the date of enactment SEC. 20807. Unless otherwise provided for by MEDICAL SERVICES of this subdivision may be charged to funds this title, the additional amounts appro- For an additional amount for ‘‘Medical appropriated under this paragraph; priated by this title to appropriations ac- (9) the Secretary may waive, modify, or Services’’, $11,075,000, to remain available counts shall be available under the authori- until September 30, 2019, for necessary ex- provide extensions for certain requirements ties and conditions applicable to such appro- of the Higher Education Act of 1965 (20 U.S.C. penses related to the consequences of Hurri- priations accounts for fiscal year 2018. canes Harvey, Irma, and Maria: Provided, 1001 et seq.) for affected individuals, affected TITLE IX students, and affected institutions in covered That such amount is designated by the Con- LEGISLATIVE BRANCH disaster or emergency areas in the same gress as being for an emergency requirement manner as the Secretary was authorized to GOVERNMENT ACCOUNTABILITY OFFICE pursuant to section 251(b)(2)(A)(i) of the Bal- waive, modify, or provide extensions for cer- SALARIES AND EXPENSES anced Budget and Emergency Deficit Control tain requirements of such Act under provi- For an additional amount for ‘‘Salaries Act of 1985. sions of subtitle B of title IV of division B of and Expenses’’, $14,000,000, to remain avail- MEDICAL SUPPORT AND COMPLIANCE Public Law 109–148 for affected individuals, able until expended, for audits and investiga- For an additional amount for ‘‘Medical affected students, and affected institutions tions relating to Hurricanes Harvey, Irma, Support and Compliance’’, $3,209,000, to re- in areas affected by Hurricane Katrina and and Maria and the 2017 wildfires: Provided, main available until September 30, 2019, for Hurricane Rita, except that the cost associ- That such amount is designated by the Con- necessary expenses related to the con- ated with any action taken by the Secretary gress as being for an emergency requirement sequences of Hurricanes Harvey, Irma, and under this paragraph is designated by the pursuant to section 251(b)(2)(A)(i) of the Bal- Maria: Provided, That such amount is des- Congress as being for an emergency require- anced Budget and Emergency Deficit Control ignated by the Congress as being for an ment pursuant to section 251(b)(2)(A)(i) of Act of 1985. emergency requirement pursuant to section

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S734 CONGRESSIONAL RECORD — SENATE February 7, 2018 251(b)(2)(A)(i) of the Balanced Budget and projects under section 125 of such title shall expenses for activities authorized under title Emergency Deficit Control Act of 1985. apply to the Virgin Islands, Guam, American I of the Housing and Community Develop- MEDICAL FACILITIES Samoa, and the Commonwealth of the North- ment Act of 1974 (42 U.S.C. 5301 et seq.) re- lated to disaster relief, long-term recovery, For an additional amount for ‘‘Medical Fa- ern Mariana Islands for fiscal year 2018 and restoration of infrastructure and housing, cilities’’, $75,108,000, to remain available fiscal year 2019: Provided further, That not- economic revitalization, and mitigation in until September 30, 2022, for necessary ex- withstanding subsection (e) of section 120 of the most impacted and distressed areas re- penses related to the consequences of Hurri- title 23, United States Code, for this fiscal sulting from a major declared disaster that canes Harvey, Irma, and Maria: Provided, year and hereafter, the Federal share for occurred in 2017 (except as otherwise pro- That none of these funds shall be available Emergency Relief funds made available vided under this heading) pursuant to the for obligation until the Secretary of Vet- under section 125 of such title to respond to Robert T. Stafford Disaster Relief and Emer- erans Affairs submits to the Committees on damage caused by Hurricanes Irma and gency Assistance Act (42 U.S.C. 5121 et seq.): Appropriations of the House of Representa- Maria, shall be 100 percent for Puerto Rico: Provided further, That such amount is des- Provided, That funds shall be awarded di- tives and the Senate a detailed expenditure rectly to the State, unit of general local gov- plan for funds provided under this heading: ignated by the Congress as being for an emergency requirement pursuant to section ernment, or Indian tribe (as such term is de- Provided further, That such amount is des- fined in section 102 of the Housing and Com- ignated by the Congress as being for an 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. munity Development Act of 1974) at the dis- emergency requirement pursuant to section cretion of the Secretary: Provided further, FEDERAL TRANSIT ADMINISTRATION 251(b)(2)(A)(i) of the Balanced Budget and That of the amounts made available under Emergency Deficit Control Act of 1985. PUBLIC TRANSPORTATION EMERGENCY RELIEF this heading, up to $16,000,000,000 shall be al- DEPARTMENTAL ADMINISTRATION PROGRAM located to meet unmet needs for grantees CONSTRUCTION, MINOR PROJECTS For an additional amount for the ‘‘Public that have received or will receive allocations For an additional amount for ‘‘Construc- Transportation Emergency Relief Program’’ under this heading for major declared disas- tion, Minor Projects’’, $4,088,000, to remain as authorized under section 5324 of title 49, ters that occurred in 2017 or under the same available until September 30, 2022, for nec- United States Code, $330,000,000 to remain heading of Division B of Public Law 115–56, essary expenses related to the consequences available until expended, for transit systems except that, of the amounts made available of Hurricanes Harvey, Irma, and Maria: Pro- affected by Hurricanes Harvey, Irma, and under this proviso, no less than $11,000,000,000 vided, That such amount is designated by the Maria with major disaster declarations in shall be allocated to the States and units of Congress as being for an emergency require- 2017: Provided, That not more than three- local government affected by Hurricane ment pursuant to section 251(b)(2)(A)(i) of quarters of one percent of the funds for pub- Maria, and of such amounts allocated to the Balanced Budget and Emergency Deficit lic transportation emergency relief shall be such grantees affected by Hurricane Maria, $2,000,000,000 shall be used to provide en- Control Act of 1985. available for administrative expenses and ongoing program management oversight as hanced or improved electrical power sys- GENERAL PROVISION—THIS TITLE authorized under sections 5334 and 5338(f)(2) tems: Provided further, That to the extent SEC. 21001. Notwithstanding section of such title and shall be in addition to any amounts under the previous proviso are in- 18236(b) of title 10, United States Code, the other appropriations for such purpose: Pro- sufficient to meet all unmet needs, the allo- Secretary of Defense shall contribute to vided further, That such amount is des- cation amounts related to infrastructure Puerto Rico, 100 percent of the total cost of ignated by the Congress as being for an shall be reduced proportionally based on the construction (including the cost of architec- emergency requirement pursuant to section total infrastructure needs of all grantees: tural, engineering and design services) for 251(b)(2)(A)(i) of the Balanced Budget and Provided further, That of the amounts made the acquisition, construction, expansion, re- Emergency Deficit Control Act of 1985. available under this heading, no less than habilitation, or conversion of the Arroyo $12,000,000,000 shall be allocated for mitiga- MARITIME ADMINISTRATION readiness center under paragraph (5) of sec- tion activities to all grantees of funding pro- tion 18233(a) of title 10, United States Code. OPERATIONS AND TRAINING vided under this heading, section 420 of divi- TITLE XI For an additional amount for ‘‘Operations sion L of Public Law 114–113, section 145 of division C of Public Law 114–223, section 192 DEPARTMENT OF TRANSPORTATION and Training’’, $10,000,000, to remain avail- able until expended, for necessary expenses, of division C of Public Law 114–223 (as added FEDERAL AVIATION ADMINISTRATION including for dredging, related to damage to by section 101(3) of division A of Public Law OPERATIONS Maritime Administration facilities resulting 114–254), section 421 of division K of Public (AIRPORT AND AIRWAY TRUST FUND) from Hurricane Harvey: Provided, That such Law 115–31, and the same heading in division For an additional amount for ‘‘Oper- amount is designated by the Congress as B of Public Law 115–56, and that such mitiga- ations’’, $35,000,000, to be derived from the being for an emergency requirement pursu- tion activities shall be subject to the same Airport and Airway Trust Fund and to re- ant to section 251(b)(2)(A)(i) of the Balanced terms and conditions under this subdivision, main available until expended, for necessary Budget and Emergency Deficit Control Act as determined by the Secretary: Provided fur- expenses related to the consequences of Hur- of 1985. ther, That all such grantees shall receive an allocation of funds under the preceding pro- ricanes Harvey, Irma, and Maria, and other GENERAL PROVISION—DEPARTMENT OF viso in the same proportion that the amount hurricanes occurring in calendar year 2017: TRANSPORTATION of funds each grantee received or will receive Provided, That such amount is designated by SEC. 21101. Notwithstanding 49 U.S.C. 5302, under the second proviso of this heading or the Congress as being for an emergency re- for fiscal years 2018, 2019, and 2020 the Sec- the headings and sections specified in the quirement pursuant to section 251(b)(2)(A)(i) retary of Transportation shall treat an area previous proviso bears to the amount of all of the Balanced Budget and Emergency Def- as an ‘‘urbanized area’’ for purposes of 49 funds provided to all grantees specified in icit Control Act of 1985. U.S.C. 5307 and 5336(a) until the next decen- the previous proviso: Provided further, That FACILITIES AND EQUIPMENT nial census following the enactment of this of the amounts made available under the sec- (AIRPORT AND AIRWAY TRUST FUND) Act if the area was defined and designated as ond and fourth provisos of this heading, the For an additional amount for ‘‘Facilities an ‘‘urbanized’’ area by the Secretary of Secretary shall allocate to all such grantees and Equipment’’, $79,589,000, to be derived Commerce in the 2000 decennial census and an aggregate amount not less than 33 per- from the Airport and Airway Trust Fund and the population of such area fell below 50,000 cent of each such amounts of funds provided to remain available until expended, for nec- after the 2000 decennial census as a result of under this heading within 60 days after the essary expenses related to the consequences a major disaster: Provided, That an area enactment of this subdivision based on the of Hurricanes Harvey, Irma, and Maria, and treated as an ‘‘urbanized area’’ for purposes best available data (especially with respect other hurricanes occurring in calendar year of this section shall be assigned the popu- to data for all such grantees affected by Hur- 2017: Provided, That such amount is des- lation and square miles of the urbanized area ricanes Harvey, Irma, and Maria), and shall ignated by the Congress as being for an designated by the Secretary of Commerce in allocate no less than 100 percent of the funds emergency requirement pursuant to section the 2000 decennial census: Provided further, provided under this heading by no later than 251(b)(2)(A)(i) of the Balanced Budget and That the term ‘‘major disaster’’ has the December 1, 2018: Provided further, That the Emergency Deficit Control Act of 1985. meaning given such term in section 102(2) of Secretary shall not prohibit the use of funds the Disaster Relief Act of 1974 (42 U.S.C. FEDERAL HIGHWAY ADMINISTRATION made available under this heading and the 5122(2)). same heading in division B of Public Law FEDERAL-AID HIGHWAYS DEPARTMENT OF HOUSING AND URBAN 115–56 for non-federal share as authorized by EMERGENCY RELIEF PROGRAM DEVELOPMENT section 105(a)(9) of the Housing and Commu- For an additional amount for the ‘‘Emer- COMMUNITY PLANNING AND DEVELOPMENT nity Development Act of 1974 (42 U.S.C. gency Relief Program’’ as authorized under 5305(a)(9)): Provided further, That of the COMMUNITY DEVELOPMENT FUND section 125 of title 23, United States Code, amounts made available under this heading, $1,374,000,000, to remain available until ex- (INCLUDING TRANSFERS OF FUNDS) grantees may establish grant programs to pended: Provided, That notwithstanding sec- For an additional amount for ‘‘Community assist small businesses for working capital tion 125(d)(4) of title 23, United States Code, Development Fund’’, $28,000,000,000, to re- purposes to aid in recovery: Provided further, no limitation on the total obligations for main available until expended, for necessary That as a condition of making any grant, the

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S735 Secretary shall certify in advance that such (42 U.S.C. 5121 et seq.) may adopt, without re- available, after the other funds under such grantee has in place proficient financial con- view or public comment, any environmental heading have been allocated for necessary trols and procurement processes and has es- review, approval, or permit performed by a expenses for activities authorized under such tablished adequate procedures to prevent Federal agency, and such adoption shall sat- heading, shall be used for additional mitiga- any duplication of benefits as defined by sec- isfy the responsibilities of the recipient with tion activities in the most impacted and dis- tion 312 of the Robert T. Stafford Disaster respect to such environmental review, ap- tressed areas resulting from a major de- Relief and Emergency Assistance Act (42 proval or permit: Provided further, That, not- clared disaster that occurred in 2014, 2015, U.S.C. 5155), to ensure timely expenditure of withstanding section 104(g)(2) of the Housing 2016 or 2017: Provided, That such remaining funds, to maintain comprehensive websites and Community Development Act of 1974 (42 funds shall be awarded to grantees of funding regarding all disaster recovery activities as- U.S.C. 5304(g)(2)), the Secretary may, upon provided for disaster relief under the heading sisted with these funds, and to detect and receipt of a request for release of funds and ‘‘Community Development Fund’’ in this prevent waste, fraud, and abuse of funds: Pro- certification, immediately approve the re- subdivision, section 420 of division L of Pub- vided further, That with respect to any such lease of funds for an activity or project as- lic Law 114–113, section 145 of division C of duplication of benefits, the Secretary and sisted under this heading if the recipient has Public Law 114–223, section 192 of division C any grantee under this section shall not take adopted an environmental review, approval of Public Law 114–223 (as added by section into consideration or reduce the amount pro- or permit under the preceding proviso or the 101(3) of division A of Public Law 114–254), vided to any applicant for assistance from activity or project is categorically excluded section 421 of division K of Public Law 115–31, the grantee where such applicant applied for from review under the National Environ- and the same heading in division B of Public and was approved, but declined assistance re- mental Policy Act of 1969 (42 U.S.C. 4321 et Law 115–56 subject to the same terms and lated to such major declared disasters that seq.): Provided further, That the Secretary conditions under this subdivision and such occurred in 2014, 2015, 2016, and 2017 from the shall publish via notice in the Federal Reg- Acts respectively: Provided further, That each Small Business Administration under sec- ister any waiver, or alternative requirement, such grantee shall receive an allocation from tion 7(b) of the Small Business Act (15 U.S.C. to any statute or regulation that the Sec- such remaining funds in the same proportion 636(b)): Provided further, That the Secretary retary administers pursuant to title I of the that the amount of funds such grantee re- shall require grantees to maintain on a pub- Housing and Community Development Act of ceived under this subdivision and under the lic website information containing common 1974 no later than 5 days before the effective Acts specified in the previous proviso bears reporting criteria established by the Depart- date of such waiver or alternative require- to the amount of all funds provided to all ment that permits individuals and entities ment: Provided further, That the eighth pro- grantees specified in the previous proviso. awaiting assistance and the general public to viso under this heading in the Supplemental SEC. 21103. For 2018, the Secretary of Hous- see how all grant funds are used, including Appropriations for Disaster Relief Require- ing and Urban Development may make tem- copies of all relevant procurement docu- ments Act, 2017 (division B of Public Law porary adjustments to the section 8 housing ments, grantee administrative contracts and 115–56) is amended by inserting ‘‘408(c)(4),’’ choice voucher annual renewal funding allo- details of ongoing procurement processes, as after ‘‘407,’’: Provided further, That of the cations and administrative fee eligibility de- determined by the Secretary: Provided fur- amounts made available under this heading, terminations for public housing agencies lo- ther, That prior to the obligation of funds a up to $15,000,000 shall be made available for cated in the most impacted and distressed grantee shall submit a plan to the Secretary capacity building and technical assistance, areas in which a major Presidentially de- for approval detailing the proposed use of all including assistance on contracting and pro- clared disaster occurred during 2017 under funds, including criteria for eligibility and curement processes, to support States, units title IV of the Robert T. Stafford Disaster how the use of these funds will address long- of general local government, or Indian tribes Relief and Emergency Assistance Act (42 term recovery and restoration of infrastruc- (and their subrecipients) that receive alloca- U.S.C. 5170 et seq.), to avoid significant ad- ture and housing, economic revitalization, tions pursuant to this heading, received dis- verse funding impacts that would otherwise and mitigation in the most impacted and dis- aster recovery allocations under the same result from the disaster, or to facilitate leas- tressed areas: Provided further, That such heading in Public Law 115–56, or may receive ing up to a public housing agency’s author- funds may not be used for activities reim- similar allocations for disaster recovery in ized level of units under contract (but not to bursable by, or for which funds are made future appropriations Acts: Provided further, exceed such level), upon request by and in available by, the Federal Emergency Man- That of the amounts made available under consultation with a public housing agency agement Agency or the Army Corps of Engi- this heading, up to $10,000,000 shall be trans- and supported by documentation as required neers: Provided further, That funds allocated ferred, in aggregate, to ‘‘Department of by the Secretary that demonstrates the need under this heading shall not be considered for the adjustment. relevant to the non-disaster formula alloca- Housing and Urban Development—Program tions made pursuant to section 106 of the Office Salaries and Expenses—Community TITLE XII Housing and Community Development Act of Planning and Development’’ for necessary GENERAL PROVISIONS—THIS 1974 (42 U.S.C. 5306): Provided further, That a costs, including information technology SUBDIVISION costs, of administering and overseeing the State, unit of general local government, or SEC. 21201. Each amount appropriated or obligation and expenditure of amounts under Indian tribe may use up to 5 percent of its al- made available by this subdivision is in addi- this heading: Provided further, That the location for administrative costs: Provided tion to amounts otherwise appropriated for amount specified in the preceding proviso further, That the sixth proviso under this the fiscal year involved. shall be combined with funds appropriated heading in the Supplemental Appropriations SEC. 21202. No part of any appropriation under the same heading and for the same for Disaster Relief Requirements Act, 2017 contained in this subdivision shall remain purpose in Public Law 115–56 and the aggre- (division B of Public Law 115–56) is amended available for obligation beyond the current gate of such amounts shall be available for by striking ‘‘State or subdivision thereof’’ fiscal year unless expressly so provided here- any of the purposes specified under this and inserting ‘‘State, unit of general local in. heading or the same heading in Public Law government, or Indian tribe (as such term is SEC. 21203. Unless otherwise provided for by 115–56 without limitation: Provided further, defined in section 102 of the Housing and this subdivision, the additional amounts ap- That, of the funds made available under this Community Development Act of 1974 (42 propriated by this subdivision to appropria- heading, $10,000,000 shall be transferred to U.S.C. 5302))’’: Provided further, That in ad- tions accounts shall be available under the the Office of the Inspector General for nec- ministering the funds under this heading, authorities and conditions applicable to such essary costs of overseeing and auditing funds the Secretary of Housing and Urban Develop- appropriations accounts for fiscal year 2018. made available under this heading: Provided ment may waive, or specify alternative re- SEC. 21204. Each amount designated in this quirements for, any provision of any statute further, That such amount is designated by subdivision by the Congress as being for an or regulation that the Secretary administers the Congress as being for an emergency re- emergency requirement pursuant to section in connection with the obligation by the Sec- quirement pursuant to section 251(b)(2)(A)(i) 251(b)(2)(A)(i) of the Balanced Budget and retary or the use by the recipient of these of the Balanced Budget and Emergency Def- Emergency Deficit Control Act of 1985 shall funds (except for requirements related to fair icit Control Act of 1985: Provided further, be available (or rescinded or transferred, if housing, nondiscrimination, labor standards, That amounts repurposed pursuant to this applicable) only if the President subse- and the environment), if the Secretary finds section that were previously designated by quently so designates all such amounts and that good cause exists for the waiver or al- the Congress as an emergency requirement transmits such designations to the Congress. ternative requirement and such waiver or al- pursuant to the Balanced Budget and Emer- SEC. 21205. For purposes of this subdivision, ternative requirement would not be incon- gency Deficit Control Act are designated by the consequences or impacts of any hurri- sistent with the overall purpose of title I of the Congress as an emergency requirement cane shall include damages caused by the the Housing and Community Development pursuant to section 251(b)(2)(A)(i) of the Bal- storm at any time during the entirety of its Act of 1974: Provided further, That, notwith- anced Budget and Emergency Deficit Control duration as a cyclone, as defined by the Na- standing the preceding proviso, recipients of Act of 1985. tional Hurricane Center. funds provided under this heading that use GENERAL PROVISIONS—DEPARTMENT OF SEC. 21206. Any amount appropriated by such funds to supplement Federal assistance HOUSING AND URBAN DEVELOPMENT this subdivision, designated by the Congress provided under section 402, 403, 404, 406, 407, SEC. 21102. Any funds made available under as an emergency requirement pursuant to 408(c)(4), or 502 of the Robert T. Stafford Dis- the heading ‘‘Community Development section 251(b)(2)(A)(i) of the Balanced Budget aster Relief and Emergency Assistance Act Fund’’ under this subdivision that remain and Emergency Deficit Control Act of 1985

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S736 CONGRESSIONAL RECORD — SENATE February 7, 2018 and subsequently so designated by the Presi- (G) environmental issues, including solid tions for Disaster Relief Requirements Act, dent, and transferred pursuant to transfer waste facilities; and 2018’’. authorities provided by this subdivision shall (H) other infrastructure systems, including SUBDIVISION 2—TAX RELIEF AND MED- retain such designation. repair, restoration, replacement, and im- ICAID CHANGES RELATING TO CERTAIN SEC. 21207. The terms and conditions appli- provement of public infrastructure such DISASTERS cable to the funds provided in this subdivi- water and wastewater treatment facilities, sion, including those provided by this title, communications networks, and transpor- TITLE I—CALIFORNIA FIRES shall also apply to the funds made available tation infrastructure; SEC. 20101. DEFINITIONS. in division B of Public Law 115–56 and in di- (2) is consistent with— For purposes of this title— vision A of Public Law 115–72. (A) the Commonwealth’s fiscal capacity to (1) CALIFORNIA WILDFIRE DISASTER ZONE.— SEC. 21208. (a) Section 305 of division A of provide long-term operation and mainte- The term ‘‘California wildfire disaster zone’’ the Additional Supplemental Appropriations nance of rebuilt or replaced assets; means that portion of the California wildfire for Disaster Relief Requirements Act, 2017 (B) alternative procedures and associated disaster area determined by the President to (Public Law 115–72) is amended— programmatic guidance adopted by the Ad- warrant individual or individual and public (1) in subsection (a)— ministrator of the Federal Emergency Man- assistance from the Federal Government (A) by striking ‘‘(1) Not later than Decem- agement Agency pursuant to section 428 of under the Robert T. Stafford Disaster Relief ber 31, 2017,’’ and inserting ‘‘Not later than the Robert T. Stafford Disaster Relief and and Emergency Assistance Act by reason of March 31, 2018,’’; and Emergency Assistance Act (42 U.S.C. 5189f); wildfires in California. (B) by striking paragraph (2); and and (2) CALIFORNIA WILDFIRE DISASTER AREA.— (2) in subsection (b), by striking ‘‘receiving (C) actions as may be necessary to miti- The term ‘‘California wildfire disaster area’’ funds under this division’’ and inserting ‘‘ex- gate vulnerabilities to future extreme means an area with respect to which between pending more than $10,000,000 of funds pro- weather events and natural disasters and in- January 1, 2017 through January 18, 2018 a vided by this division and division B of Pub- crease community resilience, including en- major disaster has been declared by the lic Law 115–56 in any one fiscal year’’. couraging the adoption and enforcement of President under section 401 of such Act by (b) Section 305 of division A of the Addi- the latest published editions of relevant con- tional Supplemental Appropriations for Dis- reason of wildfires in California. sensus-based codes, specifications, and aster Relief Requirements Act, 2017 (Public SEC. 20102. SPECIAL DISASTER-RELATED RULES standards that incorporate the latest hazard- Law 115–72), as amended by this section, FOR USE OF RETIREMENT FUNDS. resistant designs and establish minimum ac- shall apply to funds appropriated by this di- (a) TAX-FAVORED WITHDRAWALS FROM RE- ceptable criteria for the design, construc- vision as if they had been appropriated by TIREMENT PLANS.— tion, and maintenance of residential struc- that division. (1) IN GENERAL.—Section 72(t) of the Inter- tures and facilities for the purpose of pro- (c) In order to proactively prepare for over- nal Revenue Code of 1986 shall not apply to tecting the health, safety, and general wel- sight of future disaster relief funding, not any qualified wildfire distribution. fare of the buildings’ users against disasters; later than one year after the date of enact- (2) AGGREGATE DOLLAR LIMITATION.— (3) promotes transparency and account- ment of this Act, the Director of the Office (A) IN GENERAL.—For purposes of this sub- ability through appropriate public notifica- of Management and Budget shall issue stand- section, the aggregate amount of distribu- tion, outreach, and hearings; ard guidance for Federal agencies to use in tions received by an individual which may be (4) identifies performance metrics for as- designing internal control plans for disaster treated as qualified wildfire distributions for sessing and reporting on the progress toward relief funding. This guidance shall leverage any taxable year shall not exceed the excess achieving the Commonwealth’s recovery existing internal control review processes (if any) of— goals, as identified under paragraph (1); and shall include, at a minimum, the fol- (i) $100,000, over (5) is developed in coordination with the lowing elements: (ii) the aggregate amounts treated as Oversight Board established under (1) Robust criteria for identifying and doc- qualified wildfire distributions received by PROMESA; and umenting incremental risks and mitigating such individual for all prior taxable years. (6) is certified by that Oversight Board to controls related to the funding. (B) TREATMENT OF PLAN DISTRIBUTIONS.—If be consistent with the purpose set forth in (2) Guidance for documenting the linkage a distribution to an individual would (with- section 101(a) of PROMESA (48 U.S.C. between the incremental risks related to dis- out regard to subparagraph (A)) be a quali- 2121(a)). aster funding and efforts to address known fied wildfire distribution, a plan shall not be (b) At the end of every 30-day period before internal control risks. treated as violating any requirement of the the submission of the report described in SEC. 21209. Any agency or department pro- Internal Revenue Code of 1986 merely be- subsection (a), the Governor of the Common- vided funding in excess of $3,000,000,000 by cause the plan treats such distribution as a wealth of Puerto Rico, in coordination with this subdivision, including the Federal qualified wildfire distribution, unless the ag- the Administrator of the Federal Emergency Emergency Management Agency, the De- gregate amount of such distributions from Management Agency, shall provide to Con- partment of Housing and Urban Develop- all plans maintained by the employer (and gress interim status updates on progress de- ment, and the Corps of Engineers, is directed any member of any controlled group which veloping such report. includes the employer) to such individual ex- to provide a report to the Committees on Ap- (c) At the end of every 180-day period after ceeds $100,000. propriations of the House of Representatives the submission of the report described in (C) CONTROLLED GROUP.—For purposes of and the Senate regarding its efforts to pro- subsection (a), the Governor of the Common- subparagraph (B), the term ‘‘controlled vide adequate resources and technical assist- wealth of Puerto Rico, in coordination with group’’ means any group treated as a single ance for small, low-income communities af- the Administrator of the Federal Emergency employer under subsection (b), (c), (m), or (o) fected by natural disasters. Management Agency, shall make public a re- SEC. 21210. (a) Not later than 180 days after of section 414 of the Internal Revenue Code port on progress achieving the goals set the date of enactment of this subdivision and of 1986. forth in such report. in coordination with the Administrator of (d) During the development, and after the (3) AMOUNT DISTRIBUTED MAY BE REPAID.— the Federal Emergency Management Agen- submission, of the report required in sub- (A) IN GENERAL.—Any individual who re- cy, with support and contributions from the section (a), the Oversight Board may provide ceives a qualified wildfire distribution may, Secretary of the Treasury, the Secretary of to Congress reports on the status of coordi- at any time during the 3-year period begin- Energy, and other Federal agencies having nation with the Governor of Puerto Rico. ning on the day after the date on which such responsibilities defined under the National (e) Amounts made available by this sub- distribution was received, make one or more Disaster Recovery Framework, the Governor division to a covered territory for response contributions in an aggregate amount not to of the Commonwealth of Puerto Rico shall to or recovery from Hurricane Irma or Hurri- exceed the amount of such distribution to an submit to Congress a report describing the cane Maria in an aggregate amount greater eligible retirement plan of which such indi- Commonwealth’s 12- and 24-month economic than $10,000,000 may be reviewed by the Over- vidual is a beneficiary and to which a roll- and disaster recovery plan that— sight Board under the Oversight Board’s au- over contribution of such distribution could (1) defines the priorities, goals, and ex- thority under 204(b)(2) of PROMESA (48 be made under section 402(c), 403(a)(4), pected outcomes of the recovery effort for U.S.C. 2144(b)(2)). 403(b)(8), 408(d)(3), or 457(e)(16), of the Inter- the Commonwealth, based on damage assess- (f) When developing a Fiscal Plan while the nal Revenue Code of 1986, as the case may be. ments prepared pursuant to Federal law, if recovery plan required under subsection (a) (B) TREATMENT OF REPAYMENTS OF DIS- applicable, including— is in development and in effect, the Over- TRIBUTIONS FROM ELIGIBLE RETIREMENT PLANS (A) housing; sight Board shall use and incorporate, to the OTHER THAN IRAS.—For purposes of the Inter- (B) economic issues, including workforce greatest extent feasible, damage assessments nal Revenue Code of 1986, if a contribution is development and industry expansion and cul- prepared pursuant to Federal law. made pursuant to subparagraph (A) with re- tivation; (g) For purposes of this section, the terms spect to a qualified wildfire distribution (C) health and social services; ‘‘covered territory’’ and ‘‘Oversight Board’’ from an eligible retirement plan other than (D) natural and cultural resources; have the meaning given those term in sec- an individual retirement plan, then the tax- (E) governance and civic institutions; tion 5 of PROMESA (48 U.S.C. 2104). payer shall, to the extent of the amount of (F) electric power systems and grid res- This subdivision may be cited as the ‘‘Fur- the contribution, be treated as having re- toration; ther Additional Supplemental Appropria- ceived the qualified wildfire distribution in

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S737 an eligible rollover distribution (as defined (C) of subsection (a)(3) shall apply for pur- In the case of a governmental plan (as de- in section 402(c)(4) of such Code) and as hav- poses of this subsection. fined in section 414(d) of the Internal Rev- ing transferred the amount to the eligible re- (2) QUALIFIED DISTRIBUTION.—For purposes enue Code of 1986), clause (ii) shall be applied tirement plan in a direct trustee to trustee of this subsection, the term ‘‘qualified dis- by substituting the date which is 2 years transfer within 60 days of the distribution. tribution’’ means any distribution— after the date otherwise applied under clause (C) TREATMENT OF REPAYMENTS FOR DIS- (A) described in section 401(k)(2)(B)(i)(IV), (ii). TRIBUTIONS FROM IRAS.—For purposes of the 403(b)(7)(A)(ii) (but only to the extent such (B) CONDITIONS.—This subsection shall not Internal Revenue Code of 1986, if a contribu- distribution relates to financial hardship), apply to any amendment unless— tion is made pursuant to subparagraph (A) 403(b)(11)(B), or 72(t)(2)(F), of the Internal (i) during the period— with respect to a qualified wildfire distribu- Revenue Code of 1986, (I) beginning on the date that this section tion from an individual retirement plan (as (B) received after March 31, 2017, and before or the regulation described in subparagraph defined by section 7701(a)(37) of such Code), January 15, 2018, and (A)(i) takes effect (or in the case of a plan or then, to the extent of the amount of the con- (C) which was to be used to purchase or contract amendment not required by this tribution, the qualified wildfire distribution construct a principal residence in the Cali- section or such regulation, the effective date shall be treated as a distribution described in fornia wildfire disaster area but which was specified by the plan), and section 408(d)(3) of such Code and as having not so purchased or constructed on account (II) ending on the date described in sub- been transferred to the eligible retirement of the wildfires to which the declaration of paragraph (A)(ii) (or, if earlier, the date the plan in a direct trustee to trustee transfer such area relates. plan or contract amendment is adopted), within 60 days of the distribution. (c) LOANS FROM QUALIFIED PLANS.— the plan or contract is operated as if such (4) DEFINITIONS.—For purposes of this sub- (1) INCREASE IN LIMIT ON LOANS NOT TREAT- plan or contract amendment were in effect, section— ED AS DISTRIBUTIONS.—In the case of any loan and (A) QUALIFIED WILDFIRE DISTRIBUTION.—Ex- from a qualified employer plan (as defined (ii) such plan or contract amendment ap- cept as provided in paragraph (2), the term under section 72(p)(4) of the Internal Rev- plies retroactively for such period. enue Code of 1986) to a qualified individual ‘‘qualified wildfire distribution’’ means any SEC. 20103. EMPLOYEE RETENTION CREDIT FOR distribution from an eligible retirement plan made during the period beginning on the date of the enactment of this Act and ending EMPLOYERS AFFECTED BY CALI- made on or after October 8, 2017, and before FORNIA WILDFIRES. on December 31, 2018— January 1, 2019, to an individual whose prin- (a) IN GENERAL.—For purposes of section 38 cipal place of abode during any portion of (A) clause (i) of section 72(p)(2)(A) of such Code shall be applied by substituting of the Internal Revenue Code of 1986, in the the period from October 8, 2017, to December ‘‘$100,000’’ for ‘‘$50,000’’, and case of an eligible employer, the California 31, 2017, is located in the California wildfire (B) clause (ii) of such section shall be ap- wildfire employee retention credit shall be disaster area and who has sustained an eco- plied by substituting ‘‘the present value of treated as a credit listed in subsection (b) of nomic loss by reason of the wildfires to the nonforfeitable accrued benefit of the em- such section. For purposes of this subsection, which the declaration of such area relates. ployee under the plan’’ for ‘‘one-half of the the California wildfire employee retention (B) ELIGIBLE RETIREMENT PLAN.—The term present value of the nonforfeitable accrued credit for any taxable year is an amount ‘‘eligible retirement plan’’ shall have the benefit of the employee under the plan’’. equal to 40 percent of the qualified wages meaning given such term by section (2) DELAY OF REPAYMENT.—In the case of a with respect to each eligible employee of 402(c)(8)(B) of the Internal Revenue Code of qualified individual with an outstanding loan such employer for such taxable year. For 1986. on or after October 8, 2017, from a qualified purposes of the preceding sentence, the (5) INCOME INCLUSION SPREAD OVER 3-YEAR employer plan (as defined in section 72(p)(4) amount of qualified wages which may be PERIOD.— of the Internal Revenue Code of 1986)— taken into account with respect to any indi- (A) IN GENERAL.—In the case of any quali- (A) if the due date pursuant to subpara- vidual shall not exceed $6,000. fied wildfire distribution, unless the tax- graph (B) or (C) of section 72(p)(2) of such (b) DEFINITIONS.—For purposes of this sec- payer elects not to have this paragraph Code for any repayment with respect to such tion— apply for any taxable year, any amount re- loan occurs during the period beginning on (1) ELIGIBLE EMPLOYER.—The term ‘‘eligi- quired to be included in gross income for October 8, 2017, and ending on December 31, ble employer’’ means any employer— such taxable year shall be so included rat- 2018, such due date shall be delayed for 1 (A) which conducted an active trade or ably over the 3-taxable-year period begin- year, business on October 8, 2017, in the California ning with such taxable year. (B) any subsequent repayments with re- wildfire disaster zone, and (B) SPECIAL RULE.—For purposes of sub- spect to any such loan shall be appropriately (B) with respect to whom the trade or busi- paragraph (A), rules similar to the rules of adjusted to reflect the delay in the due date ness described in subparagraph (A) is inoper- subparagraph (E) of section 408A(d)(3) of the under paragraph (1) and any interest accru- able on any day after October 8, 2017, and be- Internal Revenue Code of 1986 shall apply. ing during such delay, and fore January 1, 2018, as a result of damage (6) SPECIAL RULES.— (C) in determining the 5-year period and sustained by reason of the wildfires to which (A) EXEMPTION OF DISTRIBUTIONS FROM the term of a loan under subparagraph (B) or such declaration of such area relates. TRUSTEE TO TRUSTEE TRANSFER AND WITH- (C) of section 72(p)(2) of such Code, the period (2) ELIGIBLE EMPLOYEE.—The term ‘‘eligi- HOLDING RULES.—For purposes of sections described in subparagraph (A) shall be dis- ble employee’’ means with respect to an eli- 401(a)(31), 402(f), and 3405 of the Internal Rev- regarded. gible employer an employee whose principal enue Code of 1986, qualified wildfire distribu- (3) QUALIFIED INDIVIDUAL.—For purposes of place of employment on October 8, 2017, with tions shall not be treated as eligible rollover this subsection, the term ‘‘qualified indi- such eligible employer was in the California distributions. vidual’’ means any individual whose prin- wildfire disaster zone. (B) QUALIFIED WILDFIRE DISTRIBUTIONS cipal place of abode during any portion of (3) QUALIFIED WAGES.—The term ‘‘qualified TREATED AS MEETING PLAN DISTRIBUTION RE- the period from October 8, 2017, to December wages’’ means wages (as defined in section QUIREMENTS.—For purposes the Internal Rev- 31, 2017, is located in the California wildfire 51(c)(1) of the Internal Revenue Code of 1986, enue Code of 1986, a qualified wildfire dis- disaster area and who has sustained an eco- but without regard to section 3306(b)(2)(B) of tribution shall be treated as meeting the re- nomic loss by reason of wildfires to which such Code) paid or incurred by an eligible quirements of sections 401(k)(2)(B)(i), the declaration of such area relates. employer with respect to an eligible em- 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) of (d) PROVISIONS RELATING TO PLAN AMEND- ployee on any day after October 8, 2017, and such Code. MENTS.— before January 1, 2018, which occurs during (b) RECONTRIBUTIONS OF WITHDRAWALS FOR (1) IN GENERAL.—If this subsection applies the period— HOME PURCHASES.— to any amendment to any plan or annuity (A) beginning on the date on which the (1) RECONTRIBUTIONS.— contract, such plan or contract shall be trade or business described in paragraph (1) (A) IN GENERAL.—Any individual who re- treated as being operated in accordance with first became inoperable at the principal ceived a qualified distribution may, during the terms of the plan during the period de- place of employment of the employee imme- the period beginning on October 8, 2017, and scribed in paragraph (2)(B)(i). diately before the wildfires to which the dec- ending on June 30, 2018, make one or more (2) AMENDMENTS TO WHICH SUBSECTION AP- laration of the California wildfire disaster contributions in an aggregate amount not to PLIES.— area relates, and exceed the amount of such qualified distribu- (A) IN GENERAL.—This subsection shall (B) ending on the date on which such trade tion to an eligible retirement plan (as de- apply to any amendment to any plan or an- or business has resumed significant oper- fined in section 402(c)(8)(B) of the Internal nuity contract which is made— ations at such principal place of employ- Revenue Code of 1986) of which such indi- (i) pursuant to any provision of this sec- ment. vidual is a beneficiary and to which a roll- tion, or pursuant to any regulation issued by Such term shall include wages paid without over contribution of such distribution could the Secretary or the Secretary of Labor regard to whether the employee performs no be made under section 402(c), 403(a)(4), under any provision of this section, and services, performs services at a different 403(b)(8), or 408(d)(3), of such Code, as the (ii) on or before the last day of the first place of employment than such principal case may be. plan year beginning on or after January 1, place of employment, or performs services at (B) TREATMENT OF REPAYMENTS.—Rules 2019, or such later date as the Secretary may such principal place of employment before similar to the rules of subparagraphs (B) and prescribe. significant operations have resumed.

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(c) CERTAIN RULES TO APPLY.—For pur- (iii) the taxpayer has elected the applica- (B) in the California wildfire disaster area poses of this section, rules similar to the tion of this subsection with respect to such (but outside the California wildfire disaster rules of sections 51(i)(1), 52, and 280C(a) of the contribution. zone) and such individual was displaced from Internal Revenue Code of 1986, shall apply. (B) EXCEPTION.—Such term shall not in- such principal place of abode by reason of clude a contribution by a donor if the con- the wildfires to which the declaration of (d) EMPLOYEE NOT TAKEN INTO ACCOUNT tribution is— such area relates. MORE THAN ONCE.—An employee shall not be (i) to an organization described in section treated as an eligible employee for purposes (3) EARNED INCOME.—For purposes of this 509(a)(3) of the Internal Revenue Code of 1986, of this section for any period with respect to subsection, the term ‘‘earned income’’ has or any employer if such employer is allowed a the meaning given such term under section (ii) for the establishment of a new, or credit under section 51 of the Internal Rev- 32(c) of the Internal Revenue Code of 1986. maintenance of an existing, donor advised enue Code of 1986 with respect to such em- (4) SPECIAL RULES.— fund (as defined in section 4966(d)(2) of such ployee for such period. (A) APPLICATION TO JOINT RETURNS.—For Code). purposes of paragraph (1), in the case of a SEC. 20104. ADDITIONAL DISASTER-RELATED TAX (C) APPLICATION OF ELECTION TO PARTNER- joint return for a taxable year which in- RELIEF PROVISIONS. SHIPS AND S CORPORATIONS.—In the case of a cludes any portion of the period from Octo- partnership or S corporation, the election (a) TEMPORARY SUSPENSION OF LIMITATIONS ber 8, 2017, to December 31, 2017— under subparagraph (A)(iii) shall be made ON CHARITABLE CONTRIBUTIONS.— (i) such paragraph shall apply if either separately by each partner or shareholder. (1) IN GENERAL.—Except as otherwise pro- spouse is a qualified individual, and (b) SPECIAL RULES FOR QUALIFIED DIS- vided in paragraph (2), subsection (b) of sec- (ii) the earned income of the taxpayer for ASTER-RELATED PERSONAL CASUALTY tion 170 of the Internal Revenue Code of 1986 the preceding taxable year shall be the sum LOSSES.— shall not apply to qualified contributions of the earned income of each spouse for such (1) IN GENERAL.—If an individual has a net preceding taxable year. and such contributions shall not be taken disaster loss for any taxable year— into account for purposes of applying sub- (B) UNIFORM APPLICATION OF ELECTION.— (A) the amount determined under section Any election made under paragraph (1) shall sections (b) and (d) of such section to other 165(h)(2)(A)(ii) of the Internal Revenue Code contributions. apply with respect to both sections 24(d) and of 1986 shall be equal to the sum of— 32, of the Internal Revenue Code of 1986. (2) TREATMENT OF EXCESS CONTRIBUTIONS.— (i) such net disaster loss, and (C) ERRORS TREATED AS MATHEMATICAL For purposes of section 170 of the Internal (ii) so much of the excess referred to in the ERROR.—For purposes of section 6213 of the Revenue Code of 1986— matter preceding clause (i) of section Internal Revenue Code of 1986, an incorrect (A) INDIVIDUALS.—In the case of an indi- 165(h)(2)(A) of such Code (reduced by the use on a return of earned income pursuant to vidual— amount in clause (i) of this subparagraph) as paragraph (1) shall be treated as a mathe- (i) LIMITATION.—Any qualified contribution exceeds 10 percent of the adjusted gross in- matical or clerical error. shall be allowed only to the extent that the come of the individual, (D) NO EFFECT ON DETERMINATION OF GROSS aggregate of such contributions does not ex- (B) section 165(h)(1) of such Code shall be INCOME, ETC.—Except as otherwise provided ceed the excess of the taxpayer’s contribu- applied by substituting ‘‘$500’’ for ‘‘$500 ($100 in this subsection, the Internal Revenue tion base (as defined in subparagraph (H) of for taxable years beginning after December Code of 1986 shall be applied without regard section 170(b)(1) of such Code) over the 31, 2009)’’, amount of all other charitable contributions (C) the standard deduction determined to any substitution under paragraph (1). allowed under section 170(b)(1) of such Code. under section 63(c) of such Code shall be in- TITLE II—TAX RELIEF FOR HURRICANES (ii) CARRYOVER.—If the aggregate amount creased by the net disaster loss, and HARVEY, IRMA, AND MARIA of qualified contributions made in the con- (D) section 56(b)(1)(E) of such Code shall SEC. 20201. TAX RELIEF FOR HURRICANES HAR- tribution year (within the meaning of sec- not apply to so much of the standard deduc- VEY, IRMA, AND MARIA. tion 170(d)(1) of such Code) exceeds the limi- tion as is attributable to the increase under (a) MODIFICATION OF HURRICANES HARVEY tation of clause (i), such excess shall be subparagraph (C) of this paragraph. AND IRMA DISASTER AREAS.—Subsections added to the excess described in the portion (2) NET DISASTER LOSS.—For purposes of (a)(2) and (b)(2) of section 501 of the Disaster of subparagraph (A) of such section which this subsection, the term ‘‘net disaster loss’’ Tax Relief and Airport and Airway Exten- precedes clause (i) thereof for purposes of ap- means the excess of qualified disaster-re- sion Act of 2017 (Public Law 115–63; 131 Stat. plying such section. lated personal casualty losses over personal 1173) are both amended by striking ‘‘Sep- (B) CORPORATIONS.—In the case of a cor- casualty gains (as defined in section tember 21, 2017’’ and inserting ‘‘October 17, poration— 165(h)(3)(A) of the Internal Revenue Code of 2017’’. (i) LIMITATION.—Any qualified contribution 1986). (b) EMPLOYEE RETENTION CREDIT.—Sub- shall be allowed only to the extent that the (3) QUALIFIED DISASTER-RELATED PERSONAL sections (a)(3), (b)(3), and (c)(3) of section 503 aggregate of such contributions does not ex- CASUALTY LOSSES.—For purposes of this sub- of the Disaster Tax Relief and Airport and ceed the excess of the taxpayer’s taxable in- section, the term ‘‘qualified disaster-related Airway Extension Act of 2017 (Public Law come (as determined under paragraph (2) of personal casualty losses’’ means losses de- 115–63; 131 Stat. 1181) are each amended by section 170(b) of such Code) over the amount scribed in section 165(c)(3) of the Internal striking ‘‘sections 51(i)(1) and 52’’ and insert- of all other charitable contributions allowed Revenue Code of 1986 which arise in the Cali- ing ‘‘sections 51(i)(1), 52, and 280C(a)’’. under such paragraph. fornia wildfire disaster area on or after Octo- (c) EFFECTIVE DATE.—The amendments (ii) CARRYOVER.—Rules similar to the rules ber 8, 2017, and which are attributable to the made by this section shall take effect as if of subparagraph (A)(ii) shall apply for pur- wildfires to which the declaration of such included in the provisions of title V of the poses of this subparagraph. area relates. Disaster Tax Relief and Airport and Airway (3) EXCEPTION TO OVERALL LIMITATION ON (c) SPECIAL RULE FOR DETERMINING EARNED Extension Act of 2017 to which such amend- ITEMIZED DEDUCTIONS.—So much of any de- INCOME.— ments relate. duction allowed under section 170 of the In- (1) IN GENERAL.—In the case of a qualified TITLE III—HURRICANE MARIA RELIEF ternal Revenue Code of 1986 as does not ex- individual, if the earned income of the tax- FOR PUERTO RICO AND THE VIRGIN IS- ceed the qualified contributions paid during payer for the taxable year which includes LANDS MEDICAID PROGRAMS the taxable year shall not be treated as an any portion of the period from October 8, SEC. 20301. HURRICANE MARIA RELIEF FOR itemized deduction for purposes of section 68 2017, to December 31, 2017, is less than the PUERTO RICO AND THE VIRGIN IS- of such Code. earned income of the taxpayer for the pre- LANDS MEDICAID PROGRAMS. (4) QUALIFIED CONTRIBUTIONS.— ceding taxable year, the credits allowed (a) INCREASED CAPS.—Section 1108(g)(5) of (A) IN GENERAL.—For purposes of this sub- under sections 24(d) and 32 of the Internal the Social Security Act (42 U.S.C. 1308(g)(5)) section, the term ‘‘qualified contribution’’ Revenue Code of 1986 may, at the election of is amended— means any charitable contribution (as de- the taxpayer, be determined by sub- (1) in subparagraph (A), by striking ‘‘sub- fined in section 170(c) of the Internal Rev- stituting— paragraph (B)’’ and inserting ‘‘subparagraphs enue Code of 1986) if— (A) such earned income for the preceding (B), (C), (D), and (E)’’; and (i) such contribution— taxable year, for (2) by adding at the end the following new (I) is paid during the period beginning on (B) such earned income for the taxable subparagraphs: October 8, 2017, and ending on December 31, year which includes any portion of the pe- ‘‘(C) Subject to subparagraphs (D) and (E), 2018, in cash to an organization described in riod from October 8, 2017, to December 31, for the period beginning January 1, 2018, and section 170(b)(1)(A) of such Code, and 2017. ending September 30, 2019— (II) is made for relief efforts in the Cali- (2) QUALIFIED INDIVIDUAL.—For purposes of ‘‘(i) the amount of the increase otherwise fornia wildfire disaster area, this subsection, the term ‘‘qualified indi- provided under subparagraphs (A) and (B) for (ii) the taxpayer obtains from such organi- vidual’’ means any individual whose prin- Puerto Rico shall be further increased by zation contemporaneous written acknowl- cipal place of abode during any portion of $3,600,000,000; and edgment (within the meaning of section the period from October 8, 2017, to December ‘‘(ii) the amount of the increase otherwise 170(f)(8) of such Code) that such contribution 31, 2017, was located— provided under subparagraph (A) for the Vir- was used (or is to be used) for relief efforts (A) in the California wildfire disaster zone, gin Islands shall be further increased by described in clause (i)(II), and or $106,931,000.

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S739 ‘‘(D) For the period described in subpara- SEC. 20402. DESIGNATION IN SENATE. wise would be ineligible to participate in a graph (C), the amount of the increase other- In the Senate, this subdivision is des- program under part A of title IV of the HEA wise provided under subparagraph (A)— ignated as an emergency requirement pursu- on or after the date of enactment of this Act ‘‘(i) for Puerto Rico shall be further in- ant to section 4112(a) of H. Con. Res. 71 (115th due to the application of section 435(a)(2) of creased by $1,200,000,000 if the Secretary cer- Congress), the concurrent resolution on the the HEA. tifies that Puerto Rico has taken reasonable budget for fiscal year 2018. ‘‘SEC. 163. Notwithstanding any other pro- and appropriate steps during such period, in vision of law, funds made available by this Subdivision 3—Further Extension of accordance with a timeline established by Act for military construction, land acquisi- Continuing Appropriations Act, 2018 the Secretary, to— tion, and family housing projects and activi- ‘‘(I) implement methods, satisfactory to SEC. 20101. The Continuing Appropriations ties may be obligated and expended to carry the Secretary, for the collection and report- Act, 2018 (division D of Public Law 115–56) is out planning and design and military con- ing of reliable data to the Transformed Med- further amended by— struction projects authorized by law: Pro- icaid Statistical Information System (T– (1) striking the date specified in section vided, That funds and authority provided by MSIS) (or a successor system); and 106(3) and inserting ‘‘March 23, 2018’’; and this section may be used notwithstanding ‘‘(II) demonstrate progress in establishing (2) inserting after section 155 the following sections 102 and 104: Provided further, That a State medicaid fraud control unit de- new sections: such funds may be used only for projects ‘‘SEC. 156. In addition to amounts provided scribed in section 1903(q); and identified by the Department of the Air by section 101, amounts are provided for ‘De- ‘‘(ii) for the Virgin Islands shall be further Force in its January 29, 2018, letter sent to partment of Commerce—Bureau of the Cen- increased by $35,644,000 if the Secretary cer- the Committees on Appropriations of both sus—Periodic Census and Programs’ at a rate tifies that the Virgin Islands has taken rea- Houses of Congress detailing urgently needed for operations of $182,000,000 for an additional sonable and appropriate steps during such fiscal year 2018 construction requirements. amount for the 2020 Decennial Census Pro- period, in accordance with a timeline estab- ‘‘SEC. 164. (a) Section 116(h)(3)(D) of title lished by the Secretary, to meet the condi- gram; and such amounts may be apportioned 49, United States Code, is amended— tions for certification specified in subclauses up to the rate for operations necessary to ‘‘(1) in clause (i), by striking ‘During the 2- (I) and (II) of clause (i). maintain the schedule and deliver the re- year period beginning on the date of enact- ‘‘(E) Notwithstanding any other provision quired data according to statutory deadlines ment of this section, the’; inserting ‘The’; of title XIX, during the period in which the in the 2020 Decennial Census Program. and inserting the following after the first ‘‘SEC. 157. Notwithstanding section 101, the additional funds provided under subpara- sentence: ‘Any such funds or limitation of matter preceding the first proviso and the graphs (C) and (D) are available for Puerto obligations or portions thereof transferred to first proviso under the heading ‘Power Mar- Rico and the Virgin Islands, respectively, the Bureau may be transferred back to and keting Administrations—Operation and with respect to payments from such addi- merged with the original account.’; and Maintenance, Southeastern Power Adminis- tional funds for amounts expended by Puerto ‘‘(2) in clause (ii) by striking ‘During the 2- tration’ in division D of Public Law 115–31 Rico and the Virgin Islands under such title, year period beginning on the date of enact- shall be applied by substituting ‘$6,379,000’ the Secretary shall increase the Federal ment of this section, the’; inserting ‘The’; for ‘$1,000,000’ each place it appears. medical assistance percentage or other rate and inserting the following after the first ‘‘SEC. 158. As authorized by section 404 of that would otherwise apply to such pay- sentence: ‘Any such funds or limitation of the Bipartisan Budget Act of 2015 (Public ments to 100 percent.’’. obligations or portions thereof transferred to (b) DISREGARD OF CERTAIN EXPENDITURES Law 114–74; 42 U.S.C. 6239 note), the Sec- the Bureau may be transferred back to and FROM SPENDING CAP.—Section 1108(g)(4) of retary of Energy shall draw down and sell merged with the original account.’. the Social Security Act (42 U.S.C. 1308(g)(4)) not to exceed $350,000,000 of crude oil from ‘‘(b) Section 503(l)(4) of the Railroad Revi- is amended— the Strategic Petroleum Reserve in fiscal talization and Regulatory Reform Act of 1976 (1) by inserting ‘‘for a calendar quarter of year 2018: Provided, That the proceeds from (45 U.S.C. 823(l)(4)) is amended— such fiscal year,’’ after ‘‘section 1903(a)(3)’’; such drawdown and sale shall be deposited ‘‘(1) in the heading by striking ‘Safety and and into the ‘Energy Security and Infrastructure operations account’ and inserting ‘National (2) by striking ‘‘of such fiscal year for a Modernization Fund’ (in this section referred Surface Transportation and Innovative Fi- calendar quarter of such fiscal year,’’ and in- to as the ‘Fund’) during fiscal year 2018: Pro- nance Bureau account’; and serting ‘‘of such fiscal year, and with respect vided further, That in addition to amounts ‘‘(2) in subparagraph (A) by striking ‘Safe- to fiscal years beginning with fiscal year otherwise made available by section 101, any ty and Operations account of the Federal 2018, if the Virgin Islands qualifies for a pay- amounts deposited in the Fund shall be made Railroad Administration’ and inserting ‘Na- ment under section 1903(a)(6) for a calendar available and shall remain available until tional Surface Transportation and Innova- quarter (beginning on or after January 1, expended at a rate for operations of tive Finance Bureau account’. 2018) of such fiscal year,’’. $350,000,000, for necessary expenses in car- ‘‘SEC. 165. Section 24(o) of the United (c) REPORT TO CONGRESS.—Not later than rying out the Life Extension II project for States Housing Act of 1937 (42 U.S.C. 1437v) July 1, 2018, the Secretary of Health and the Strategic Petroleum Reserve. shall be applied by substituting the date Human Services shall submit a report to the ‘‘SEC. 159. Amounts made available by sec- specified in section 106(3) for ‘September 30, Committee on Energy and Commerce of the tion 101 for ‘The Judiciary—Courts of Ap- 2017’.’’. House of Representatives and the Committee peals, District Courts, and Other Judicial This subdivision may be cited as the ‘‘Fur- on Finance of the Senate that— Services—Fees of Jurors and Commissioners’ ther Extension of Continuing Appropriations (1) describes the steps taken by Puerto may be apportioned up to the rate for oper- Act, 2018’’. Rico and the Virgin Islands to meet the con- ations necessary to accommodate increased ditions for certification specified in clauses juror usage. DIVISION C—BUDGETARY AND OTHER (i) and (ii ), respectively, of section ‘‘SEC. 160. Section 144 of the Continuing MATTERS 1108(g)(5)(D) of the Social Security Act (42 Appropriations Act, 2018 (division D of Pub- SEC. 30001. TABLE OF CONTENTS. U.S.C. 1308(g)(5)(D)) (as amended by sub- lic Law 115–56), as amended by the Further section (a) of this section); and The table of contents for this division is as Additional Continuing Appropriations Act, follows: (2) specifies timelines for each such terri- 2018 (division A of Public Law 115–96), is tory to, as a condition of eligibility for any amended by (1) striking ‘$11,761,000’ and in- DIVISION C—BUDGETARY AND OTHER additional increases in the amounts deter- serting ‘$22,247,000’, and (2) striking MATTERS mined for Puerto Rico or the Virgin Islands, ‘$1,104,000’ and inserting ‘$1,987,000’. Sec. 30001. Table of contents. respectively, under subsection (g) of section ‘‘SEC. 161. Section 458(a)(4) of the Higher TITLE I—BUDGET ENFORCEMENT 1108 of such Act (42 U.S.C. 1308) for purposes Education Act of 1965 (20 U.S.C. 1087h(a)(4)) Sec. 30101. Amendments to the Balanced of payments under title XIX of such Act for shall be applied by substituting ‘2018’ for Budget and Emergency Deficit fiscal year 2019, complete— ‘2017’. Control Act of 1985. (A) implementation of methods, satisfac- ‘‘SEC. 162. For the purpose of carrying out Sec. 30102. Balances on the PAYGO Score- tory to the Secretary, for the collection and section 435(a)(2) of the Higher Education Act cards. reporting of reliable data to the Transformed of 1965 (HEA) (20 U.S.C. 1085(a)(2)), during the Sec. 30103. Authority for fiscal year 2019 Medicaid Statistical Information System (T– period covered by this Act the Secretary of budget resolution in the Sen- MSIS) (or a successor system); and Education may waive the requirement under ate. (B) the establishment of a State medicaid section 435(a)(5)(A)(ii) of the HEA (20 U.S.C. Sec. 30104. Authority for fiscal year 2019 fraud control unit described in section 1085(a)(5)(A)(ii)) for an institution of higher budget resolution in the House 1903(q) of the Social Security Act (42 U.S.C. education that offers an associate degree, is of Representatives. 1396d(q)). a public institution, and is located in an eco- Sec. 30105. Exercise of rulemaking powers. TITLE IV—BUDGETARY EFFECTS nomically distressed county, defined as a SEC. 20401. EMERGENCY DESIGNATION. county that ranks in the lowest 5 percent of TITLE II—OFFSETS This subdivision is designated as an emer- all counties in the United States based on a Sec. 30201. Customs user fees. gency requirement pursuant to section 4(g) national index of county economic status: Sec. 30202. Aviation security service fees. of the Statutory Pay-As-You-Go Act of 2010 Provided, That this section shall apply to an Sec. 30203. Extension of certain immigration (2 U.S.C. 933(g)). institution of higher education that other- fees.

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0655 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S740 CONGRESSIONAL RECORD — SENATE February 7, 2018 Sec. 30204. Strategic Petroleum Reserve You-Go Act of 2010 (2 U.S.C. 933(d)) shall be et Act of 1974, the allocations, aggregates, drawdown. zero. and levels provided for in subsection (b) shall Sec. 30205. Elimination of surplus funds of SEC. 30103. AUTHORITY FOR FISCAL YEAR 2019 apply in the House of Representatives after Federal reserve banks. BUDGET RESOLUTION IN THE SEN- April 15, 2018, in the same manner as for a Sec. 30206. Reemployment services and eligi- ATE. concurrent resolution on the budget for fis- bility assessments. (a) FISCAL YEAR 2019.—For purposes of en- cal year 2019 with appropriate budgetary lev- forcing the Congressional Budget Act of 1974 TITLE III—TEMPORARY EXTENSION OF els for fiscal year 2019 and for fiscal years (2 U.S.C. 621 et seq.) after April 15, 2018, and PUBLIC DEBT LIMIT 2020 through 2028. enforcing budgetary points of order in prior (b) COMMITTEE ALLOCATIONS, AGGREGATES, Sec. 30301. Temporary extension of public concurrent resolutions on the budget, the al- AND LEVELS.—In the House of Representa- debt limit. locations, aggregates, and levels provided for tives, the Chair of the Committee on the TITLE IV—JOINT SELECT COMMITTEES in subsection (b) shall apply in the Senate in Budget shall submit a statement for publica- Subtitle A—Joint Select Committee on the same manner as for a concurrent resolu- tion in the Congressional Record after April Solvency of Multiemployer Pension Plans tion on the budget for fiscal year 2019 with 15, 2018, but not later than May 15, 2018, con- appropriate budgetary levels for fiscal years Sec. 30421. Definitions. taining— 2020 through 2028. Sec. 30422. Establishment of Joint Select (1) for the Committee on Appropriations, (b) COMMITTEE ALLOCATIONS, AGGREGATES, Committee. committee allocations for fiscal year 2019 for AND LEVELS.—After April 15, 2018, but not Sec. 30423. Funding. discretionary budget authority at the total later than May 15, 2018, the Chairman of the level set forth in section 251(c)(6) of the Bal- Sec. 30424. Consideration of joint committee Committee on the Budget of the Senate shall bill in the Senate. anced Budget and Emergency Deficit Control file— Act of 1985, as amended by this Act, and the Subtitle B—Joint Select Committee on (1) for the Committee on Appropriations, outlays flowing therefrom, and committee Budget and Appropriations Process Reform committee allocations for fiscal year 2019 allocations for fiscal year 2019 for current Sec. 30441. Definitions. consistent with discretionary spending lim- law mandatory budget authority and out- Sec. 30442. Establishment of Joint Select its set forth in section 251(c)(6) of the Bal- lays, for the purpose of enforcing section 302 Committee. anced Budget and Emergency Deficit Control of the Congressional Budget Act of 1974; Sec. 30443. Funding. Act of 1985, as amended by this Act, for the (2) for all committees other than the Com- Sec. 30444. Consideration of joint committee purposes of enforcing section 302 of the Con- mittee on Appropriations, committee alloca- bill in the Senate. gressional Budget Act of 1974 (2 U.S.C. 633); tions for fiscal year 2019 and for the period of TITLE I—BUDGET ENFORCEMENT (2) for all committees other than the Com- fiscal years 2019 through 2028 at the levels in- mittee on Appropriations, committee alloca- cluded in the most recent baseline of the SEC. 30101. AMENDMENTS TO THE BALANCED tions for fiscal years 2019, 2019 through 2023, BUDGET AND EMERGENCY DEFICIT Congressional Budget Office, as adjusted for and 2019 through 2028 consistent with the CONTROL ACT OF 1985. the budgetary effects of any provision of law most recent baseline of the Congressional (a) REVISED DISCRETIONARY SPENDING LIM- enacted during the period beginning on the Budget Office, as adjusted for the budgetary ITS.—Section 251(c) of the Balanced Budget date such baseline is issued and ending on effects of any provision of law enacted dur- and Emergency Deficit Control Act of 1985 (2 the date of submission of such statement, for ing the period beginning on the date such U.S.C. 901(c)) is amended by striking para- the purpose of enforcing section 302 of the baseline is issued and ending on the date of graphs (5) and (6) and inserting the following: Congressional Budget Act of 1974; and submission of such statement, for the pur- ‘‘(5) for fiscal year 2018— (3) aggregate spending levels for fiscal year poses of enforcing section 302 of the Congres- ‘‘(A) for the revised security category, 2019 and aggregate revenue levels for fiscal sional Budget Act of 1974 (2 U.S.C. 633); $629,000,000,000 in new budget authority; and year 2019 and for the period of fiscal years (3) aggregate spending levels for fiscal year ‘‘(B) for the revised nonsecurity category 2019 through 2028, at the levels included in 2019 in accordance with the allocations es- $579,000,000,000 in new budget authority; the most recent baseline of the Congres- tablished under paragraphs (1) and (2), for ‘‘(6) for fiscal year 2019— sional Budget Office, as adjusted for the the purpose of enforcing section 311 of the ‘‘(A) for the revised security category, budgetary effects of any provision of law en- Congressional Budget Act of 1974 (2 U.S.C. $647,000,000,000 in new budget authority; and acted during the period beginning on the 642); ‘‘(B) for the revised nonsecurity category, date such baseline is issued and ending on (4) aggregate revenue levels for fiscal years $597,000,000,000 in new budget authority;’’. the date of submission of such statement, for 2019, 2019 through 2023, and 2019 through 2028 (b) DIRECT SPENDING ADJUSTMENTS FOR FIS- the purpose of enforcing section 311 of the consistent with the most recent baseline of CAL YEARS 2018 AND 2019.—Section 251A of the Congressional Budget Act of 1974. the Congressional Budget Office, as adjusted Balanced Budget and Emergency Deficit (c) ADDITIONAL MATTER.—The statement for the budgetary effects of any provision of Control Act of 1985 (2 U.S.C. 901a), is amend- referred to in subsection (b) may also include law enacted during the period beginning on ed— for fiscal year 2019, the matter contained in the date such baseline is issued and ending (1) in paragraph (5)(B), in the matter pre- the provisions referred to in subsection (f)(1). on the date of submission of such statement, ceding clause (i), by striking ‘‘and (11)’’ and (d) FISCAL YEAR 2019 ALLOCATION TO THE for the purpose of enforcing section 311 of the inserting ‘‘, (11), and (12)’’; and COMMITTEE ON APPROPRIATIONS.—If the state- Congressional Budget Act of 1974 (2 U.S.C. (2) by adding at the end the following: ment referred to in subsection (b) is not filed 642); and ‘‘(12) IMPLEMENTING DIRECT SPENDING RE- by May 15, 2018, then the matter referred to (5) levels of Social Security revenues and DUCTIONS FOR FISCAL YEARS 2018 AND 2019.—(A) in subsection (b)(1) shall be submitted by the outlays for fiscal years 2019, 2019 through OMB shall make the calculations necessary Chair of the Committee on the Budget for 2023, and 2019 through 2028 consistent with to implement the direct spending reductions publication in the Congressional Record on the most recent baseline of the Congres- calculated pursuant to paragraphs (3) and (4) the next day that the House of Representa- sional Budget Office, as adjusted for the without regard to the amendment made to tives is in session. budgetary effects of any provision of law en- section 251(c) revising the discretionary (e) ADJUSTMENTS.—The chair of the Com- acted during the period beginning on the spending limits for fiscal years 2018 and 2019 mittee on the Budget of the House of Rep- date such baseline is issued and ending on by the Bipartisan Budget Act of 2018. resentatives may adjust the levels included the date of submission of such statement, for ‘‘(B) Paragraph (5)(B) shall not be imple- in the statement referred to in subsection (b) the purpose of enforcing sections 302 and 311 mented for fiscal years 2018 and 2019.’’. to reflect the budgetary effects of any legis- of the Congressional Budget Act of 1974 (2 (c) EXTENSION OF DIRECT SPENDING REDUC- lation enacted during the 115th Congress U.S.C. 633 and 642). TIONS THROUGH FISCAL YEAR 2027.—Section (c) ADDITIONAL MATTER.—The filing re- that reduces the deficit or as otherwise nec- 251A(6) of the Balanced Budget and Emer- ferred to in subsection (b) may also include essary. gency Deficit Control Act of 1985 (2 U.S.C. for fiscal year 2019 the deficit-neutral reserve (f) APPLICATION.—Upon submission of the 901a(6)) is amended— funds contained in title III of H. Con. Res. 71 statement referred to in subsection (b)— (1) in subparagraph (B), in the matter pre- (115th Congress) updated by one fiscal year. (1) all references in sections 5101 through ceding clause (i), by striking ‘‘for fiscal year (d) EXPIRATION.—This section shall expire 5112, sections 5201 through 5205, section 5301, 2022, for fiscal year 2023, for fiscal year 2024, if a concurrent resolution on the budget for and section 5401 of House Concurrent Resolu- and for fiscal year 2025’’ and inserting ‘‘for fiscal year 2019 is agreed to by the Senate tion 71 (115th Congress) to a fiscal year shall each of fiscal years 2022 through 2027’’; and and the House of Representatives pursuant be considered for all purposes in the House to (2) in subparagraph (C), in the matter pre- to section 301 of the Congressional Budget be references to the succeeding fiscal year; ceding clause (i), by striking ‘‘fiscal year Act of 1974 (2 U.S.C. 632). and 2025’’ and inserting ‘‘fiscal year 2027’’. SEC. 30104. AUTHORITY FOR FISCAL YEAR 2019 (2) all references in the provisions referred SEC. 30102. BALANCES ON THE PAYGO SCORE- BUDGET RESOLUTION IN THE to in paragraph (1) to allocations, aggre- CARDS. HOUSE OF REPRESENTATIVES. gates, or other appropriate levels in ‘‘this Effective on the date of enactment of this (a) FISCAL YEAR 2019.—If a concurrent reso- concurrent resolution’’, ‘‘the most recently Act, the balances on the PAYGO scorecards lution on the budget for fiscal year 2019 has agreed to concurrent resolution on the budg- established pursuant to paragraphs (4) and not been adopted by April 15, 2018, for the et’’, or ‘‘this resolution’’ shall be considered (5) of section 4(d) of the Statutory Pay-As- purpose of enforcing the Congressional Budg- for all purposes in the House to be references

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S741 to the allocations, aggregates, or other ap- tion 161 of the Energy Policy and Conserva- awarded to the State under this section for propriate levels contained in the statement tion Act (42 U.S.C. 6241) in the full quantity interventions with a high or moderate causal referred to in subsection (b), as adjusted. authorized by that subsection. evidence rating that show a demonstrated (g) EXPIRATION.—Subsections (a) through (c) STRATEGIC PETROLEUM DRAWDOWN CON- capacity to improve employment and earn- (f) shall no longer apply if a concurrent reso- DITIONS AND LIMITATIONS.— ings outcomes for program participants; lution on the budget for fiscal year 2019 is (1) CONDITIONS.—Section 161(h)(1) of the ‘‘(B) for fiscal years 2025 and 2026, use no agreed to by the Senate and House of Rep- Energy Policy and Conservation Act (42 less than 40 percent of such grant funds for resentatives. U.S.C. 6241(h)(1)) is amended in subparagraph interventions described in subparagraph (A); SEC. 30105. EXERCISE OF RULEMAKING POWERS. (B) by striking ‘‘shortage; and’’ and all that and Sections 30103 and 30104 are enacted by the follows through ‘‘Secretary of’’ in subpara- ‘‘(C) for fiscal years beginning after fiscal Congress— graph (C) and inserting the following: year 2026, use no less than 50 percent of such (1) as an exercise of the rulemaking power ‘‘shortage; grant funds for interventions described in of the Senate and the House of Representa- ‘‘(C) the Secretary has found that action subparagraph (A). taken under this subsection will not impair tives, respectively, and as such they shall be ‘‘(d) EVALUATIONS.— the ability of the United States to carry out considered as part of the rules of each House, ‘‘(1) REQUIRED EVALUATIONS.—Any inter- obligations of the United States under the respectively, or of that House to which they vention without a high or moderate causal specifically apply, and such rules shall su- international energy program; and ‘‘(D) the Secretary of’’. evidence rating used by a State in carrying persede other rules only to the extent that out a State program of reemployment serv- (2) LIMITATIONS.—Section 161(h)(2) of the they are inconsistent therewith; and ices and eligibility assessments under this (2) with full recognition of the constitu- Energy Policy and Conservation Act (42 U.S.C. 6241(h)(2)) is amended by striking section shall be under evaluation at the time tional right of either House to change such of use. rules (so far as relating to such House) at ‘‘450,000,000’’ each place it appears and insert- ‘‘(2) FUNDING LIMITATION.—A State shall any time, in the same manner, and to the ing ‘‘350,000,000’’. use not more than 10 percent of grant funds same extent as in the case of any other rule SEC. 30205. ELIMINATION OF SURPLUS FUNDS OF awarded to the State under this section to of such House. FEDERAL RESERVE BANKS. conduct or cause to be conducted evaluations TITLE II—OFFSETS Section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by of interventions used in carrying out a pro- SEC. 30201. CUSTOMS USER FEES. striking ‘‘$10,000,000,000’’ and inserting gram under this section (including evalua- (a) IN GENERAL.—Section 13031(j)(3) of the ‘‘$7,500,000,000’’. tions conducted pursuant to paragraph (1)). Consolidated Omnibus Budget Reconciliation SEC. 30206. REEMPLOYMENT SERVICES AND ELI- ‘‘(e) STATE PLAN.— Act of 1985 (19 U.S.C. 58c(j)(3)) is amended— GIBILITY ASSESSMENTS. ‘‘(1) IN GENERAL.—As a condition of eligi- (1) in subparagraph (A), by striking ‘‘Janu- (a) IN GENERAL.—Title III of the Social Se- bility to receive a grant under this section ary 14, 2026’’ and inserting ‘‘February 24, curity Act (42 U.S.C. 501 et seq.) is amended for a fiscal year, a State shall submit to the 2027’’; and by adding at the end the following: Secretary, at such time and in such manner (2) in subparagraph (B)(i), by striking as the Secretary may require, a State plan ‘‘September 30, 2025’’ and inserting ‘‘Sep- ‘‘SEC. 306. GRANTS TO STATES FOR REEMPLOY- MENT SERVICES AND ELIGIBILITY that outlines how the State intends to con- tember 30, 2027’’. ASSESSMENTS. duct a program of reemployment services (b) RATE FOR MERCHANDISE PROCESSING ‘‘(a) IN GENERAL.—The Secretary of Labor and eligibility assessments under this sec- FEES.—Section 503 of the United States– (in this section referred to as the ‘Sec- tion, including— Korea Free Trade Agreement Implementa- retary’) shall award grants under this sec- ‘‘(A) assurances that, and a description of tion Act (Public Law 112–41; 19 U.S.C. 3805 tion for a fiscal year to eligible States to how, the program will provide— note) is amended by striking ‘‘January 14, conduct a program of reemployment services ‘‘(i) proper notification to participating in- 2026’’ and inserting ‘‘February 24, 2027’’. and eligibility assessments for individuals dividuals of the program’s eligibility condi- SEC. 30202. AVIATION SECURITY SERVICE FEES. referred to reemployment services as de- tions, requirements, and benefits, including Paragraph (4) of section 44940(i) of title 49, scribed in section 303(j) for weeks in such fis- the issuance of warnings and simple, clear United States Code, is amended by adding at cal year for which such individuals receive notifications to ensure that participating in- the end the following new subparagraphs: unemployment compensation. dividuals are fully aware of the consequences ‘‘(M) $1,640,000,000 for fiscal year 2026. ‘‘(b) PURPOSES.—The purposes of this sec- of failing to adhere to such requirements, in- ‘‘(N) $1,680,000,000 for fiscal year 2027.’’. tion are to accomplish the following goals: cluding policies related to non-attendance or SEC. 30203. EXTENSION OF CERTAIN IMMIGRA- ‘‘(1) To improve employment outcomes of non-fulfillment of work search requirements; TION FEES. individuals that receive unemployment com- and (a) VISA WAIVER PROGRAM.—Section pensation and to reduce the average duration ‘‘(ii) reasonable scheduling accommoda- 217(h)(3)(B)(iii) of the Immigration and Na- of receipt of such compensation through em- tions to maximize participation for eligible tionality Act (8 U.S.C. 1187(h)(3)(B)(iii)) is ployment. individuals; amended by striking ‘‘September 30, 2020’’ ‘‘(2) To strengthen program integrity and ‘‘(B) assurances that, and a description of and inserting ‘‘September 30, 2027’’. reduce improper payments of unemployment how, the program will conform with the pur- (b) L-1 AND H-1B VISAS.—Section 411 of the compensation by States through the detec- poses outlined in subsection (b) and satisfy Air Transportation Safety and System Sta- tion and prevention of such payments to in- the requirement to use evidence-based stand- bilization Act (49 U.S.C. 40101 note) is amend- dividuals who are not eligible for such com- ards under subsection (c), including— ed by striking ‘‘September 30, 2025’’ each pensation. ‘‘(i) a description of the evidence-based place it appears and inserting ‘‘September 30, ‘‘(3) To promote alignment with the broad- interventions the State plans to use to speed 2027’’. er vision of the Workforce Innovation and reemployment; SEC. 30204. STRATEGIC PETROLEUM RESERVE Opportunity Act (29 U.S.C. 3101 et seq.) of in- ‘‘(ii) an explanation of how such interven- DRAWDOWN. creased program integration and service de- tions are appropriate to the population (a) DRAWDOWN AND SALE.— livery for job seekers, including claimants served; and (1) IN GENERAL.—Notwithstanding section for unemployment compensation. ‘‘(iii) if applicable, a description of the 161 of the Energy Policy and Conservation ‘‘(4) To establish reemployment services evaluation structure the State plans to use Act (42 U.S.C. 6241), except as provided in and eligibility assessments as an entry point for interventions without at least a mod- subsection (b), the Secretary of Energy shall for individuals receiving unemployment erate or high causal evidence rating, which draw down and sell from the Strategic Petro- compensation into other workforce system may include national evaluations conducted leum Reserve— partner programs. by the Department of Labor or by other enti- (A) 30,000,000 barrels of crude oil during the ‘‘(c) EVIDENCE-BASED STANDARDS.— ties; and period of fiscal years 2022 through 2025; ‘‘(1) IN GENERAL.—In carrying out a State ‘‘(C) a description of any reemployment ac- (B) 35,000,000 barrels of crude oil during fis- program of reemployment services and eligi- tivities and evaluations conducted in the cal year 2026; and bility assessments using grant funds awarded prior fiscal year, and any data collected on— (C) 35,000,000 barrels of crude oil during fis- to the State under this section, a State shall ‘‘(i) characteristics of program partici- cal year 2027. use such funds only for interventions dem- pants; (2) DEPOSIT OF AMOUNTS RECEIVED FROM onstrated to reduce the number of weeks for ‘‘(ii) the number of weeks for which pro- SALE.—Amounts received from a sale under which program participants receive unem- gram participants receive unemployment paragraph (1) shall be deposited in the gen- ployment compensation by improving em- compensation; and eral fund of the Treasury during the fiscal ployment outcomes for program partici- ‘‘(iii) employment and other outcomes for year in which the sale occurs. pants. program participants consistent with State (b) EMERGENCY PROTECTION.—The Sec- ‘‘(2) EXPANDING EVIDENCE-BASED INTERVEN- performance accountability measures pro- retary of Energy may not draw down and sell TIONS.—In addition to the requirement im- vided by the State unemployment compensa- crude oil under this section in quantities posed by paragraph (1), a State shall— tion program and in section 116(b) of the that would limit the authority to sell petro- ‘‘(A) for fiscal years 2023 and 2024, use no Workforce Innovation and Opportunity Act leum products under subsection (h) of sec- less than 25 percent of the grant funds (29 U.S.C. 3141(b)).

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‘‘(2) APPROVAL.—The Secretary shall ap- ‘‘(g) NOTIFICATION TO CONGRESS.—Not later ‘‘(A) ADJUSTMENTS.—If the Committee on prove any State plan, that is timely sub- than 90 days prior to making any changes to Appropriations of either House reports an mitted to the Secretary, in such manner as the allocation formula or the criteria devel- appropriation measure for any of fiscal years the Secretary may require, that satisfies the oped pursuant to subsection (f)(5)(A), the 2022 through 2027 that provides budget au- conditions described in paragraph (1). Secretary shall submit to Congress, includ- thority for grants under section 306 of the ‘‘(3) DISAPPROVAL AND REVISION.—If the ing to the Committee on Ways and Means Social Security Act, or if a conference com- Secretary determines that a State plan sub- and the Committee on Appropriations of the mittee submits a conference report thereon, mitted pursuant to this subsection fails to House of Representatives and the Committee the chairman of the Committee on the Budg- satisfy the conditions described in paragraph on Finance and the Committee on Appropria- et of the House of Representatives or the (1), the Secretary shall— tions of the Senate, a notification of any Senate shall make the adjustments referred ‘‘(A) disapprove such plan; such change. to in subparagraph (B) to reflect the addi- ‘‘(B) provide to the State, not later than 30 ‘‘(h) SUPPLEMENT NOT SUPPLANT.—Funds tional new budget authority provided for days after the date of receipt of the State made available to carry out this section such grants in that measure or conference plan, a written notice of such disapproval shall be used to supplement the level of Fed- report and the outlays resulting therefrom, that includes a description of any portion of eral, State, and local public funds that, in consistent with subparagraph (D). the plan that was not approved and the rea- the absence of such availability, would be ex- ‘‘(B) TYPES OF ADJUSTMENTS.—The adjust- son for the disapproval of each such portion; pended to provide reemployment services ments referred to in this subparagraph con- and and eligibility assessments to individuals re- sist of adjustments to— ‘‘(C) provide the State with an opportunity ceiving unemployment compensation, and in ‘‘(i) the discretionary spending limits for to correct any such failure and submit a re- no case to supplant such Federal, State, or that fiscal year as set forth in the most re- vised State plan. local public funds. cently adopted concurrent resolution on the ‘‘(f) ALLOCATION OF FUNDS.— ‘‘(i) DEFINITIONS.—In this section: budget; ‘‘(1) BASE FUNDING.— ‘‘(1) CAUSAL EVIDENCE RATING.—The terms ‘‘(ii) the allocations to the Committees on ‘‘(A) IN GENERAL.—For each fiscal year ‘high causal evidence rating’ and ‘moderate Appropriations of the Senate and the House after fiscal year 2020, the Secretary shall al- causal evidence rating’ shall have the mean- of Representatives for that fiscal year under locate a percentage equal to the base funding ing given such terms by the Secretary of section 302(a); and percentage for such fiscal year of the funds Labor. ‘‘(iii) the appropriate budget aggregates for made available for grants under this section ‘‘(2) ELIGIBLE STATE.—The term ‘eligible that fiscal year in the most recently adopted among the States awarded such a grant for State’ means a State that has in effect a concurrent resolution on the budget. such fiscal year using a formula prescribed State plan approved by the Secretary in ac- ‘‘(C) ENFORCEMENT.—The adjusted discre- by the Secretary based on the rate of insured cordance with subsection (e). tionary spending limits, allocations, and ag- unemployment (as defined in section 203(e)(1) ‘‘(3) INTERVENTION.—The term ‘interven- gregates under this paragraph shall be con- of the Federal-State Extended Unemploy- tion’ means a service delivery strategy for sidered the appropriate limits, allocations, ment Compensation Act of 1970 (26 U.S.C. the provision of State reemployment serv- and aggregates for purposes of congressional 3304 note)) in the State for a period to be de- ices and eligibility assessment activities enforcement of this Act and concurrent termined by the Secretary. In developing under this section. budget resolutions under this Act. such formula with respect to a State, the ‘‘(4) STATE.—The term ‘State’ has the ‘‘(D) LIMITATION.—No adjustment may be Secretary shall consider the importance of meaning given the term in section 205 of the made under this subsection in excess of— avoiding sharp reductions in grant funding Federal-State Extended Unemployment to a State over time. ‘‘(i) for fiscal year 2022, $133,000,000; Compensation Act of 1970 (26 U.S.C. 3304 ‘‘(ii) for fiscal year 2023, $258,000,000; ‘‘(B) BASE FUNDING PERCENTAGE.—For pur- note). poses of subparagraph (A), the term ‘base ‘‘(iii) for fiscal year 2024, $433,000,000; ‘‘(5) UNEMPLOYMENT COMPENSATION.—The ‘‘(iv) for fiscal year 2025, $533,000,000; funding percentage’ means— term unemployment compensation means ‘‘(i) for fiscal years 2021 through 2026, 89 ‘‘(v) for fiscal year 2026, $608,000,000; and ‘regular compensation’, ‘extended compensa- ‘‘(vi) for fiscal year 2027, $633,000,000. percent; and tion’, and ‘additional compensation’ (as such ‘‘(ii) for fiscal years after 2026, 84 percent. ‘‘(E) DEFINITION.—As used in this sub- terms are defined by section 205 of the Fed- section, the term ‘additional new budget au- ‘‘(2) RESERVATION FOR OUTCOME PAY- eral-State Extended Unemployment Com- MENTS.— thority’ means the amount provided for a fis- pensation Act of 1970 (26 U.S.C. 3304 note)).’’. cal year, in excess of $117,000,000, in an appro- ‘‘(A) IN GENERAL.—Of the amounts made (b) REPORT.—Not later than 3 years after priation measure or conference report (as the available for grants under this section for the date of enactment of this Act, the Sec- case may be) and specified to pay for grants each fiscal year after 2020, the Secretary retary of Labor shall submit to Congress a to States under section 306 of the Social Se- shall reserve a percentage equal to the out- report to describe promising interventions curity Act. come reservation percentage for such fiscal used by States to provide reemployment as- ‘‘(2) REPORT ON 302(B) LEVEL.—Following year for outcome payments to increase the sistance. any adjustment made under paragraph (1), amount otherwise awarded to a State under (c) ADJUSTMENT TO DISCRETIONARY SPEND- the Committees on Appropriations of the paragraph (1). Such outcome payments shall ING LIMITS.—Section 251(b)(2) of the Balanced Senate and the House of Representatives be paid to States conducting reemployment Budget and Emergency Deficit Control Act may report appropriately revised suballoca- services and eligibility assessments under of 1985 (2 U.S.C. 901(b)(2)) is amended by add- tions pursuant to section 302(b) to carry out this section that, during the previous fiscal ing at the end the following: this subsection.’’. year, met or exceeded the outcome goals pro- ‘‘(E) REEMPLOYMENT SERVICES AND ELIGI- vided in subsection (b)(1) related to reducing BILITY ASSESSMENTS.— TITLE III—TEMPORARY EXTENSION OF the average duration of receipt of unemploy- ‘‘(i) IN GENERAL.—If a bill or joint resolu- PUBLIC DEBT LIMIT ment compensation by improving employ- tion making appropriations for a fiscal year SEC. 30301. TEMPORARY EXTENSION OF PUBLIC ment outcomes. is enacted that specifies an amount for DEBT LIMIT. ‘‘(B) OUTCOME RESERVATION PERCENTAGE.— grants to States under section 306 of the So- (a) IN GENERAL.—Section 3101(b) of title 31, For purposes of subparagraph (A), the term cial Security Act, then the adjustment for United States Code, shall not apply for the ‘outcome reservation percentage’ means— that fiscal year shall be the additional new period beginning on the date of the enact- ‘‘(i) for fiscal years 2021 through 2026, 10 budget authority provided in that Act for ment of this Act and ending on March 1, 2019. percent; and such grants for that fiscal year, but shall not (b) SPECIAL RULE RELATING TO OBLIGATIONS ‘‘(ii) for fiscal years after 2026, 15 percent. exceed— ISSUED DURING EXTENSION PERIOD.—Effective ‘‘(3) RESERVATION FOR RESEARCH AND TECH- ‘‘(I) for fiscal year 2018, $0; on March 2, 2019, the limitation in effect NICAL ASSISTANCE.—Of the amounts made ‘‘(II) for fiscal year 2019, $33,000,000; under section 3101(b) of title 31, United available for grants under this section for ‘‘(III) for fiscal year 2020, $58,000,000; and States Code, shall be increased to the extent each fiscal year after 2020, the Secretary ‘‘(IV) for fiscal year 2021, $83,000,000. that— may reserve not more than 1 percent to con- ‘‘(ii) DEFINITION.—As used in this subpara- (1) the face amount of obligations issued duct research and provide technical assist- graph, the term ‘additional new budget au- under chapter 31 of such title and the face ance to States. thority’ means the amount provided for a fis- amount of obligations whose principal and ‘‘(4) CONSULTATION AND PUBLIC COMMENT.— cal year, in excess of $117,000,000, in an appro- interest are guaranteed by the United States Not later than September 30, 2019, the Sec- priation Act and specified to pay for grants Government (except guaranteed obligations retary shall— to States under section 306 of the Social Se- held by the Secretary of the Treasury) out- ‘‘(A) consult with the States and seek pub- curity Act.’’. standing on March 2, 2019, exceeds lic comment in developing the allocation for- (d) OTHER BUDGETARY ADJUSTMENTS.—Sec- (2) the face amount of such obligations mula under paragraph (1) and the criteria for tion 314 of the Congressional Budget Act of outstanding on the date of the enactment of carrying out the reservations under para- 1974 (2 U.S.C. 645) is amended by adding at this Act. graph (2); and the end the following: (c) RESTORING CONGRESSIONAL AUTHORITY ‘‘(B) make publicly available the alloca- ‘‘(g) ADJUSTMENT FOR REEMPLOYMENT OVER THE NATIONAL DEBT.— tion formula and criteria developed pursuant SERVICES AND ELIGIBILITY ASSESSMENTS.— (1) EXTENSION LIMITED TO NECESSARY OBLI- to subclause (A). ‘‘(1) IN GENERAL.— GATIONS.—An obligation shall not be taken

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S743 into account under subsection (b)(1) unless shall be noted on the cover of the report. In bers of the joint committee shall constitute the issuance of such obligation was nec- the absence of timely notice, the joint com- a quorum for holding hearings. essary to fund a commitment incurred pur- mittee report may be printed and trans- (D) VOTING.—No proxy voting shall be al- suant to law by the Federal Government mitted immediately without such views. lowed on behalf of the members of the joint that required payment before March 2, 2019. (iv) TRANSMISSION OF REPORT AND LEGISLA- committee. (2) PROHIBITION ON CREATION OF CASH RE- TIVE LANGUAGE.—If the report and legislative (E) MEETINGS.— SERVE DURING EXTENSION PERIOD.—The Sec- language are approved by the joint com- (i) INITIAL MEETING.—Not later than 30 cal- retary of the Treasury shall not issue obliga- mittee pursuant to clause (ii), the joint com- endar days after the date of enactment of tions during the period specified in sub- mittee shall submit the joint committee re- this Act, the joint committee shall hold its section (a) for the purpose of increasing the port and legislative language described in first meeting. cash balance above normal operating bal- clause (i) to the President, the Vice Presi- (ii) AGENDA.—The co-chairs of the joint ances in anticipation of the expiration of dent, the Speaker of the House of Represent- committee shall provide an agenda to the such period. atives, and the majority and minority lead- joint committee members not less than 48 TITLE IV—JOINT SELECT COMMITTEES ers of each House of Congress not later than hours in advance of any meeting. Subtitle A—Joint Select Committee on 15 calendar days after such approval. (F) HEARINGS.— Solvency of Multiemployer Pension Plans (v) REPORT AND LEGISLATIVE LANGUAGE TO (i) IN GENERAL.—The joint committee may, for the purpose of carrying out this section, SEC. 30421. DEFINITIONS. BE MADE PUBLIC.—Upon the approval of the hold such hearings, sit and act at such times In this subtitle— joint committee report and legislative lan- and places, require attendance of witnesses (1) the term ‘‘joint committee’’ means the guage pursuant to clause (ii), the joint com- and production of books, papers, and docu- Joint Select Committee on Solvency of Mul- mittee shall promptly make the full report ments, take such testimony, receive such tiemployer Pension Plans established under and legislative language, and a record of any evidence, and administer such oaths as the section 30422(a); and vote, available to the public. joint committee considers advisable. (2) the term ‘‘joint committee bill’’ means (3) MEMBERSHIP.— (ii) HEARING PROCEDURES AND RESPONSIBIL- a bill consisting of the proposed legislative (A) IN GENERAL.—The joint committee ITIES OF CO-CHAIRS.— language of the joint committee rec- shall be composed of 16 members appointed (I) ANNOUNCEMENT.—The co-chairs of the ommended in accordance with section pursuant to subparagraph (B). joint committee shall make a public an- 30422(b)(2)(B)(ii) and introduced under sec- (B) APPOINTMENT.—Members of the joint nouncement of the date, place, time, and tion 30424(a). committee shall be appointed as follows: (i) The Speaker of the House of Represent- subject matter of any hearing to be con- SEC. 30422. ESTABLISHMENT OF JOINT SELECT ducted, not less than 7 days in advance of COMMITTEE. atives shall appoint 4 members from among such hearing, unless the co-chairs determine (a) ESTABLISHMENT OF JOINT SELECT COM- Members of the House of Representatives. that there is good cause to begin such hear- MITTEE.—There is established a joint select (ii) The Minority Leader of the House of committee of Congress to be known as the Representatives shall appoint 4 members ing at an earlier date. ‘‘Joint Select Committee on Solvency of from among Members of the House of Rep- (II) EQUAL REPRESENTATION OF WIT- Multiemployer Pension Plans’’. resentatives. NESSES.—Each co-chair shall be entitled to (b) IMPLEMENTATION.— (iii) The Majority Leader of the Senate select an equal number of witnesses for each (1) GOAL.—The goal of the joint committee shall appoint 4 members from among Mem- hearing held by the joint committee. is to improve the solvency of multiemployer bers of the Senate. (III) WRITTEN STATEMENT.—A witness ap- pension plans and the Pension Benefit Guar- (iv) The Minority Leader of the Senate pearing before the joint committee shall file anty Corporation. shall appoint 4 members from among Mem- a written statement of proposed testimony (2) DUTIES.— bers of the Senate. at least 2 calendar days before the appear- (A) IN GENERAL.—The joint committee (C) CO-CHAIRS.—Two of the appointed mem- ance of the witness, unless the requirement shall provide recommendations and legisla- bers of the joint committee will serve as co- is waived by the co-chairs, following their tive language that will significantly improve chairs. The Speaker of the House of Rep- determination that there is good cause for the solvency of multiemployer pension plans resentatives and the Majority Leader of the failure to comply with such requirement. and the Pension Benefit Guaranty Corpora- Senate shall jointly appoint one co-chair, (G) MINIMUM NUMBER OF PUBLIC MEETINGS tion. and the Minority Leader of the House of Rep- AND HEARINGS.—The joint committee shall (B) REPORT, RECOMMENDATIONS, AND LEGIS- resentatives and the Minority Leader of the hold— LATIVE LANGUAGE.— Senate shall jointly appoint the second co- (i) not less than a total of 5 public meet- (i) IN GENERAL.—Not later than November chair. The co-chairs shall be appointed not ings or public hearings; and 30, 2018, the joint committee shall vote on— later than 14 calendar days after the date of (ii) not less than 3 public hearings, which (I) a report that contains a detailed state- enactment of this Act. may include field hearings. ment of the findings, conclusions, and rec- (D) DATE.—Members of the joint com- (H) TECHNICAL ASSISTANCE.—Upon written ommendations of the joint committee; and mittee shall be appointed not later than 14 request of the co-chairs, a Federal agency, (II) proposed legislative language to carry calendar days after the date of enactment of including legislative branch agencies, shall out the recommendations described in sub- this Act. provide technical assistance to the joint clause (I). (E) PERIOD OF APPOINTMENT.—Members committee in order for the joint committee (ii) APPROVAL OF REPORT AND LEGISLATIVE shall be appointed for the life of the joint to carry out its duties. LANGUAGE.— committee. Any vacancy in the joint com- (I) STAFFING.— (I) IN GENERAL.—The report of the joint mittee shall not affect its powers, but shall (i) DETAILS.—Employees of the legislative committee and the proposed legislative lan- be filled not later than 14 calendar days after branch may be detailed to the joint com- guage described in clause (i) shall only be ap- the date on which the vacancy occurs, in the mittee on a nonreimbursable basis. proved upon receiving the votes of— same manner as the original appointment (ii) STAFF DIRECTOR.—The co-chairs, acting (aa) a majority of joint committee mem- was made. If a member of the joint com- jointly, may designate one such employee as bers appointed by the Speaker of the House mittee ceases to be a Member of the House of staff director of the joint committee. of Representatives and the Majority Leader Representatives or the Senate, as the case (c) ETHICAL STANDARDS.—Members on the of the Senate; and may be, the member is no longer a member joint committee who serve in the House of (bb) a majority of joint committee mem- of the joint committee and a vacancy shall Representatives shall be governed by the bers appointed by the Minority Leader of the exist. ethics rules and requirements of the House. House of Representatives and the Minority (4) ADMINISTRATION.— Members of the Senate who serve on the Leader of the Senate. (A) IN GENERAL.—To enable the joint com- joint committee shall comply with the eth- (II) AVAILABILITY.—The text of any report mittee to exercise its powers, functions, and ics rules of the Senate. and proposed legislative language shall be duties under this subtitle, there are author- (d) TERMINATION.—The joint committee publicly available in electronic form at least ized to be disbursed by the Senate the actual shall terminate on December 31, 2018 or 30 24 hours prior to its consideration. and necessary expenses of the joint com- days after submission of its report and legis- (iii) ADDITIONAL VIEWS.—A member of the mittee approved by the co-chairs, subject to lative recommendations pursuant to this joint committee who gives notice of an in- the rules and regulations of the Senate. section whichever occurs first. tention to file supplemental, minority, or ad- (B) EXPENSES.—To enable the joint com- SEC. 30423. FUNDING. ditional views at the time of the final joint mittee to exercise its powers, functions, and To enable the joint committee to exercise committee vote on the approval of the report duties under this subtitle, there are author- its powers, functions, and duties under this and legislative language under clause (ii) ized to be appropriated for each fiscal year subtitle, there are authorized to be paid not shall be entitled to 2 calendar days after the such sums as may be necessary, to be dis- more than $500,000 from the appropriations day of such notice in which to file such views bursed by the Secretary of the Senate on account for ‘‘Expenses of Inquiries and Inves- in writing with the co-chairs. Such views vouchers signed by the co-chairs. tigations’’ of the Senate, such sums to be shall then be included in the joint com- (C) QUORUM.—Nine members of the joint disbursed by the Secretary of the Senate, in mittee report and printed in the same vol- committee shall constitute a quorum for accordance with Senate rules and proce- ume, or part thereof, and their inclusion purposes of voting and meeting, and 5 mem- dures, upon vouchers signed by the co-chairs.

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S744 CONGRESSIONAL RECORD — SENATE February 7, 2018 The funds authorized under this section shall only to the extent that they are inconsistent port and legislative language described in be available during the period beginning on with such rules; and clause (i) to the President, the Vice Presi- the date of enactment of this Act and ending (2) with full recognition of the constitu- dent, the Speaker of the House of Represent- on January 2, 2019. tional right of the Senate to change the atives, and the majority and minority lead- SEC. 30424. CONSIDERATION OF JOINT COM- rules (so far as relating to the procedure of ers of each House of Congress not later than MITTEE BILL IN THE SENATE. the Senate) at any time, in the same man- 15 calendar days after such approval. (a) INTRODUCTION.—Upon receipt of pro- ner, and to the same extent as in the case of (v) REPORT AND LEGISLATIVE LANGUAGE TO posed legislative language approved in ac- any other rule of the Senate. BE MADE PUBLIC.—Upon the approval of the cordance with section 30422(b)(2)(B)(ii), the Subtitle B—Joint Select Committee on joint committee report and legislative lan- language shall be introduced in the Senate Budget and Appropriations Process Reform guage pursuant to clause (ii), the joint com- (by request) on the next day on which the mittee shall promptly make the full report SEC. 30441. DEFINITIONS. Senate is in session by the Majority Leader and legislative language, and a record of any In this subtitle— of the Senate or by a Member of the Senate vote, available to the public. (1) the term ‘‘joint committee’’ means the designated by the Majority Leader of the (3) MEMBERSHIP.— Joint Select Committee on Budget and Ap- Senate. (A) IN GENERAL.—The joint committee propriations Process Reform established (b) COMMITTEE CONSIDERATION.—A joint shall be composed of 16 members appointed committee bill introduced in the Senate under section 30442(a); and pursuant to subparagraph (B). (2) the term ‘‘joint committee bill’’ means under subsection (a) shall be jointly referred (B) APPOINTMENT.—Members of the joint to the Committee on Finance and the Com- a bill consisting of the proposed legislative committee shall be appointed as follows: mittee on Health, Education, Labor, and language of the joint committee rec- (i) The Speaker of the House of Represent- Pensions, which committees shall report the ommended in accordance with section atives shall appoint 4 members from among bill without any revision and with a favor- 30442(b)(2)(B)(ii) and introduced under sec- Members of the House of Representatives. able recommendation, an unfavorable rec- tion 30444(a). (ii) The Minority Leader of the House of ommendation, or without recommendation, SEC. 30442. ESTABLISHMENT OF JOINT SELECT Representatives shall appoint 4 members no later than 7 session days after introduc- COMMITTEE. from among Members of the House of Rep- tion of the bill. If either committee fails to (a) ESTABLISHMENT OF JOINT SELECT COM- resentatives. report the bill within that period, that com- MITTEE.—There is established a joint select (iii) The Majority Leader of the Senate mittee shall be automatically discharged committee of Congress to be known as the shall appoint 4 members from among Mem- from consideration of the bill, and the bill ‘‘Joint Select Committee on Budget and Ap- bers of the Senate. shall be placed on the appropriate calendar. propriations Process Reform’’. (iv) The Minority Leader of the Senate (c) MOTION TO PROCEED TO CONSIDER- (b) IMPLEMENTATION.— shall appoint 4 members from among Mem- ATION.— (1) GOAL.—The goal of the joint committee bers of the Senate. (1) IN GENERAL.—Notwithstanding rule is to reform the budget and appropriations (C) CO-CHAIRS.—Two of the appointed mem- XXII of the Standing Rules of the Senate, it process. bers of the joint committee will serve as co- is in order, not later than 2 days of session (2) DUTIES.— chairs. The Speaker of the House of Rep- after the date on which a joint committee (A) IN GENERAL.—The joint committee resentatives and the Majority Leader of the bill is reported or discharged from the Com- shall provide recommendations and legisla- Senate shall jointly appoint one co-chair, mittee on Finance and the Committee on tive language that will significantly reform and the Minority Leader of the House of Rep- Health, Education, Labor, and Pensions, for the budget and appropriations process. resentatives and the Minority Leader of the the Majority Leader of the Senate or the Ma- (B) REPORT, RECOMMENDATIONS, AND LEGIS- Senate shall jointly appoint the second co- jority Leader’s designee to move to proceed LATIVE LANGUAGE.— chair. The co-chairs shall be appointed not to the consideration of the joint committee (i) IN GENERAL.—Not later than November later than 14 calendar days after the date of bill. It shall also be in order for any Member 30, 2018, the joint committee shall vote on— enactment of this Act. of the Senate to move to proceed to the con- (I) a report that contains a detailed state- (D) DATE.—Members of the joint com- sideration of the joint committee bill at any ment of the findings, conclusions, and rec- mittee shall be appointed not later than 14 time after the conclusion of such 2-day pe- ommendations of the joint committee; and calendar days after the date of enactment of riod. (II) proposed legislative language to carry this Act. (2) CONSIDERATION OF MOTION.—Consider- out the recommendations described in sub- (E) PERIOD OF APPOINTMENT.—Members ation of the motion to proceed to the consid- clause (I). shall be appointed for the life of the joint eration of the joint committee bill and all (ii) APPROVAL OF REPORT AND LEGISLATIVE committee. Any vacancy in the joint com- debatable motions and appeals in connection LANGUAGE.— mittee shall not affect its powers, but shall therewith shall not exceed 10 hours, which (I) IN GENERAL.—The report of the joint be filled not later than 14 calendar days after shall be divided equally between the Major- committee and the proposed legislative lan- the date on which the vacancy occurs, in the ity and Minority Leaders or their designees. guage described in clause (i) shall only be ap- same manner as the original appointment A motion to further limit debate is in order, proved upon receiving the votes of— was made. If a member of the joint com- shall require an affirmative vote of three- (aa) a majority of joint committee mem- mittee ceases to be a Member of the House of fifths of Members duly chosen and sworn, bers appointed by the Speaker of the House Representatives or the Senate, as the case and is not debatable. of Representatives and the Majority Leader may be, the member is no longer a member (3) VOTE THRESHOLD.—The motion to pro- of the Senate; and of the joint committee and a vacancy shall ceed to the consideration of the joint com- (bb) a majority of joint committee mem- exist. mittee bill shall only be agreed to upon an bers appointed by the Minority Leader of the (4) ADMINISTRATION.— affirmative vote of three-fifths of Members House of Representatives and the Minority (A) IN GENERAL.—To enable the joint com- duly chosen and sworn. Leader of the Senate. mittee to exercise its powers, functions, and (4) LIMITATIONS.—The motion is not sub- (II) AVAILABILITY.—The text of any report duties under this subtitle, there are author- ject to a motion to postpone. All points of and proposed legislative language shall be ized to be disbursed by the Senate the actual order against the motion to proceed to the publicly available in electronic form at least and necessary expenses of the joint com- joint committee bill are waived. A motion to 24 hours prior to its consideration. mittee approved by the co-chairs, subject to reconsider the vote by which the motion is (iii) ADDITIONAL VIEWS.—A member of the the rules and regulations of the Senate. agreed to or disagreed to shall not be in joint committee who gives notice of an in- (B) EXPENSES.—To enable the joint com- order. tention to file supplemental, minority, or ad- mittee to exercise its powers, functions, and (5) DEADLINE.—Not later than the last day ditional views at the time of the final joint duties under this subtitle, there are author- of the 115th Congress, the Senate shall vote committee vote on the approval of the report ized to be appropriated for each fiscal year on a motion to proceed to the joint com- and legislative language under clause (ii) such sums as may be necessary, to be dis- mittee bill. shall be entitled to 2 calendar days after the bursed by the Secretary of the Senate on (6) COMPANION MEASURES.—For purposes of day of such notice in which to file such views vouchers signed by the co-chairs. this subsection, the term ‘‘joint committee in writing with the co-chairs. Such views (C) QUORUM.—Nine members of the joint bill’’ includes a bill of the House of Rep- shall then be included in the joint com- committee shall constitute a quorum for resentatives that is a companion measure to mittee report and printed in the same vol- purposes of voting and meeting, and 5 mem- the joint committee bill introduced in the ume, or part thereof, and their inclusion bers of the joint committee shall constitute Senate. shall be noted on the cover of the report. In a quorum for holding hearings. (d) RULES OF SENATE.—This section is en- the absence of timely notice, the joint com- (D) VOTING.—No proxy voting shall be al- acted by Congress— mittee report may be printed and trans- lowed on behalf of the members of the joint (1) as an exercise of the rulemaking power mitted immediately without such views. committee. of the Senate, and as such is deemed a part (iv) TRANSMISSION OF REPORT AND LEGISLA- (E) MEETINGS.— of the rules of the Senate, but applicable TIVE LANGUAGE.—If the report and legislative (i) INITIAL MEETING.—Not later than 30 cal- only with respect to the procedure to be fol- language are approved by the joint com- endar days after the date of enactment of lowed in the Senate in the case of a joint mittee pursuant to clause (ii), the joint com- this Act, the joint committee shall hold its committee bill, and supersede other rules mittee shall submit the joint committee re- first meeting.

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(ii) AGENDA.—The co-chairs of the joint (by request) on the next day on which the Subtitle A—Tax Relief for Families and committee shall provide an agenda to the Senate is in session by the Majority Leader Individuals joint committee members not less than 48 of the Senate or by a Member of the Senate Sec. 40201. Extension of exclusion from gross hours in advance of any meeting. designated by the Majority Leader of the income of discharge of qualified (F) HEARINGS.— Senate. principal residence indebted- (b) COMMITTEE CONSIDERATION.—A joint (i) IN GENERAL.—The joint committee may, ness. committee bill introduced in the Senate for the purpose of carrying out this section, Sec. 40202. Extension of mortgage insurance under subsection (a) shall be referred to the hold such hearings, sit and act at such times premiums treated as qualified Committee on the Budget, which shall report and places, require attendance of witnesses residence interest. the bill without any revision and with a fa- and production of books, papers, and docu- Sec. 40203. Extension of above-the-line de- ments, take such testimony, receive such vorable recommendation, an unfavorable recommendation, or without recommenda- duction for qualified tuition evidence, and administer such oaths as the and related expenses. joint committee considers advisable. tion, no later than 7 session days after intro- duction of the bill. If the Committee on the Subtitle B—Incentives for Growth, Jobs, (ii) HEARING PROCEDURES AND RESPONSIBIL- Budget fails to report the bill within that pe- Investment, and Innovation ITIES OF CO-CHAIRS.— riod, the committee shall be automatically (I) ANNOUNCEMENT.—The co-chairs of the Sec. 40301. Extension of Indian employment joint committee shall make a public an- discharged from consideration of the bill, tax credit. nouncement of the date, place, time, and and the bill shall be placed on the appro- Sec. 40302. Extension of railroad track main- subject matter of any hearing to be con- priate calendar. tenance credit. (c) MOTION TO PROCEED TO CONSIDER- ducted, not less than 7 days in advance of Sec. 40303. Extension of mine rescue team ATION.— such hearing, unless the co-chairs determine training credit. (1) IN GENERAL.—Notwithstanding rule that there is good cause to begin such hear- Sec. 40304. Extension of classification of cer- XXII of the Standing Rules of the Senate, it ing at an earlier date. tain race horses as 3-year prop- is in order, not later than 2 days of session (II) EQUAL REPRESENTATION OF WIT- erty. after the date on which a joint committee NESSES.—Each co-chair shall be entitled to Sec. 40305. Extension of 7-year recovery pe- bill is reported or discharged from the Com- select an equal number of witnesses for each riod for motorsports entertain- mittee on the Budget, for the Majority Lead- hearing held by the joint committee. ment complexes. er of the Senate or the Majority Leader’s (III) WRITTEN STATEMENT.—A witness ap- Sec. 40306. Extension of accelerated depre- designee to move to proceed to the consider- pearing before the joint committee shall file ciation for business property on ation of the joint committee bill. It shall a written statement of proposed testimony an Indian reservation. also be in order for any Member of the Sen- at least 2 calendar days before the appear- Sec. 40307. Extension of election to expense ate to move to proceed to the consideration ance of the witness, unless the requirement mine safety equipment. of the joint committee bill at any time after is waived by the co-chairs, following their Sec. 40308. Extension of special expensing the conclusion of such 2-day period. determination that there is good cause for rules for certain productions. (2) CONSIDERATION OF MOTION.—Consider- failure to comply with such requirement. Sec. 40309. Extension of deduction allowable ation of the motion to proceed to the consid- (G) MINIMUM NUMBER OF PUBLIC MEETINGS with respect to income attrib- eration of the joint committee bill and all AND HEARINGS.—The joint committee shall utable to domestic production debatable motions and appeals in connection hold— activities in Puerto Rico. therewith shall not exceed 10 hours, which (i) not less than a total of 5 public meet- Sec. 40310. Extension of special rule relating shall be divided equally between the Major- ings or public hearings; and to qualified timber gain. ity and Minority Leaders or their designees. (ii) not less than 3 public hearings, which Sec. 40311. Extension of empowerment zone A motion to further limit debate is in order, may include field hearings. tax incentives. shall require an affirmative vote of three- (H) TECHNICAL ASSISTANCE.—Upon written Sec. 40312. Extension of American Samoa fifths of Members duly chosen and sworn, request of the co-chairs, a Federal agency, economic development credit. and is not debatable. including legislative branch agencies, shall Subtitle C—Incentives for Energy (3) VOTE THRESHOLD.—The motion to pro- provide technical assistance to the joint Production and Conservation ceed to the consideration of the joint com- committee in order for the joint committee mittee bill shall only be agreed to upon an Sec. 40401. Extension of credit for nonbusi- to carry out its duties. affirmative vote of three-fifths of Members ness energy property. (I) STAFFING.— duly chosen and sworn. Sec. 40402. Extension and modification of (i) DETAILS.—Employees of the legislative (4) LIMITATIONS.—The motion is not sub- credit for residential energy branch may be detailed to the joint com- ject to a motion to postpone. All points of property. mittee on a nonreimbursable basis. order against the motion to proceed to the Sec. 40403. Extension of credit for new quali- (ii) STAFF DIRECTOR.—The co-chairs, acting joint committee bill are waived. A motion to fied fuel cell motor vehicles. jointly, may designate one such employee as reconsider the vote by which the motion is Sec. 40404. Extension of credit for alter- staff director of the joint committee. agreed to or disagreed to shall not be in native fuel vehicle refueling (c) ETHICAL STANDARDS.—Members on the order. property. joint committee who serve in the House of (5) DEADLINE.—Not later than the last day Sec. 40405. Extension of credit for 2-wheeled Representatives shall be governed by the of the 115th Congress, the Senate shall vote plug-in electric vehicles. ethics rules and requirements of the House. on a motion to proceed to the joint com- Sec. 40406. Extension of second generation Members of the Senate who serve on the mittee bill. biofuel producer credit. joint committee shall comply with the eth- (d) RULES OF SENATE.—This section is en- Sec. 40407. Extension of biodiesel and renew- ics rules of the Senate. acted by Congress— able diesel incentives. (d) TERMINATION.—The joint committee (1) as an exercise of the rulemaking power Sec. 40408. Extension of production credit shall terminate on December 31, 2018 or 30 of the Senate, and as such is deemed a part for Indian coal facilities. days after submission of its report and legis- of the rules of the Senate, but applicable Sec. 40409. Extension of credits with respect lative recommendations pursuant to this only with respect to the procedure to be fol- to facilities producing energy section whichever occurs first. lowed in the Senate in the case of a joint from certain renewable re- SEC. 30443. FUNDING. committee bill, and supersede other rules sources. To enable the joint committee to exercise only to the extent that they are inconsistent Sec. 40410. Extension of credit for energy-ef- its powers, functions, and duties under this with such rules; and ficient new homes. subtitle, there are authorized to be paid not (2) with full recognition of the constitu- Sec. 40411. Extension and phaseout of energy more than $500,000 from the appropriations tional right of the Senate to change the credit. account for ‘‘Expenses of Inquiries and Inves- rules (so far as relating to the procedure of Sec. 40412. Extension of special allowance tigations’’ of the Senate, such sums to be the Senate) at any time, in the same man- for second generation biofuel disbursed by the Secretary of the Senate, in ner, and to the same extent as in the case of plant property. accordance with Senate rules and proce- any other rule of the Senate. Sec. 40413. Extension of energy efficient dures, upon vouchers signed by the co-chairs. DIVISION D—REVENUE MEASURES commercial buildings deduc- The funds authorized under this section shall tion. be available during the period beginning on SEC. 40001. TABLE OF CONTENTS. The table of contents for this division is as Sec. 40414. Extension of special rule for sales the date of enactment of this Act and ending follows: or dispositions to implement on January 2, 2019. FERC or State electric restruc- DIVISION D—REVENUE MEASURES SEC. 30444. CONSIDERATION OF JOINT COM- turing policy for qualified elec- MITTEE BILL IN THE SENATE. Sec. 40001. Table of contents. tric utilities. (a) INTRODUCTION.—Upon receipt of pro- TITLE I—EXTENSION OF EXPIRING Sec. 40415. Extension of excise tax credits re- posed legislative language approved in ac- PROVISIONS lating to alternative fuels. cordance with section 30442(b)(2)(B)(ii), the Sec. 40101. Amendment of Internal Revenue Sec. 40416. Extension of Oil Spill Liability language shall be introduced in the Senate Code of 1986. Trust Fund financing rate.

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Amendment of Internal Revenue (b) EFFECTIVE DATE.—The amendment placed in service after December 31, 2016. Code of 1986. made by this section shall apply to amounts Sec. 41102. Modifications to rum cover over. paid or accrued after December 31, 2016. SEC. 40308. EXTENSION OF SPECIAL EXPENSING Sec. 41103. Extension of waiver of limita- SEC. 40203. EXTENSION OF ABOVE-THE-LINE DE- RULES FOR CERTAIN PRODUCTIONS. DUCTION FOR QUALIFIED TUITION tions with respect to excluding (a) IN GENERAL.—Section 181(g) is amended AND RELATED EXPENSES. from gross income amounts re- by striking ‘‘December 31, 2016’’ and insert- (a) IN GENERAL.—Section 222(e) is amended ing ‘‘December 31, 2017’’. ceived by wrongfully incarcer- by striking ‘‘December 31, 2016’’ and insert- ated individuals. ing ‘‘December 31, 2017’’. (b) EFFECTIVE DATE.—The amendment Sec. 41104. Individuals held harmless on im- (b) EFFECTIVE DATE.—The amendment made by this section shall apply to produc- proper levy on retirement made by this section shall apply to taxable tions commencing after December 31, 2016. plans. years beginning after December 31, 2016. SEC. 40309. EXTENSION OF DEDUCTION ALLOW- Sec. 41105. Modification of user fee require- Subtitle B—Incentives for Growth, Jobs, ABLE WITH RESPECT TO INCOME AT- ments for installment agree- Investment, and Innovation TRIBUTABLE TO DOMESTIC PRO- ments. DUCTION ACTIVITIES IN PUERTO Sec. 41106. Form 1040SR for seniors. SEC. 40301. EXTENSION OF INDIAN EMPLOYMENT RICO. TAX CREDIT. Sec. 41107. Attorneys fees relating to awards (a) IN GENERAL.—Section 45A(f) is amended For purposes of applying section to whistleblowers. by striking ‘‘December 31, 2016’’ and insert- 199(d)(8)(C) of the Internal Revenue Code of Sec. 41108. Clarification of whistleblower ing ‘‘December 31, 2017’’. 1986 with respect to taxable years beginning awards. (b) EFFECTIVE DATE.—The amendment during 2017, such section shall be applied— Sec. 41109. Clarification regarding excise tax made by this section shall apply to taxable (1) by substituting ‘‘first 12 taxable years’’ based on investment income of years beginning after December 31, 2016. for ‘‘first 11 taxable years’’, and private colleges and univer- SEC. 40302. EXTENSION OF RAILROAD TRACK (2) by substituting ‘‘January 1, 2018’’ for sities. MAINTENANCE CREDIT. ‘‘January 1, 2017’’. Sec. 41110. Exception from private founda- (a) IN GENERAL.—Section 45G(f) is amended SEC. 40310. EXTENSION OF SPECIAL RULE RELAT- tion excess business holding tax by striking ‘‘January 1, 2017’’ and inserting ING TO QUALIFIED TIMBER GAIN. for independently-operated ‘‘January 1, 2018’’. For purposes of applying section 1201(b) of philanthropic business hold- (b) EFFECTIVE DATE.— the Internal Revenue Code of 1986 with re- ings. (1) IN GENERAL.—The amendment made by Sec. 41111. Rule of construction for Craft this section shall apply to expenditures paid spect to taxable years beginning during 2017, Beverage Modernization and or incurred in taxable years beginning after such section shall be applied by substituting Tax Reform. December 31, 2016. ‘‘2016 or 2017’’ for ‘‘2016’’. Sec. 41112. Simplification of rules regarding (2) SAFE HARBOR ASSIGNMENTS.—Assign- SEC. 40311. EXTENSION OF EMPOWERMENT ZONE records, statements, and re- ments, including related expenditures paid TAX INCENTIVES. turns. or incurred, under paragraph (2) of section (a) IN GENERAL.— Sec. 41113. Modification of rules governing 45G(b) of the Internal Revenue Code of 1986 (1) EXTENSION.—Section 1391(d)(1)(A)(i) is hardship distributions. for taxable years ending after January 1, amended by striking ‘‘December 31, 2016’’ and Sec. 41114. Modification of rules relating to 2017, and before January 1, 2018, shall be inserting ‘‘December 31, 2017’’. hardship withdrawals from cash treated as effective as of the close of such (2) TREATMENT OF CERTAIN TERMINATION or deferred arrangements. taxable year if made pursuant to a written DATES SPECIFIED IN NOMINATIONS.—In the case Sec. 41115. Opportunity Zones rule for Puer- agreement entered into no later than 90 days of a designation of an empowerment zone the to Rico. following the date of the enactment of this nomination for which included a termination Sec. 41116. Tax home of certain citizens or Act. date which is contemporaneous with the date residents of the United States SEC. 40303. EXTENSION OF MINE RESCUE TEAM specified in subparagraph (A)(i) of section living abroad. TRAINING CREDIT. 1391(d)(1) of the Internal Revenue Code of Sec. 41117. Treatment of foreign persons for (a) IN GENERAL.—Section 45N(e) is amended 1986 (as in effect before the enactment of this returns relating to payments by striking ‘‘December 31, 2016’’ and insert- Act), subparagraph (B) of such section shall made in settlement of payment ing ‘‘December 31, 2017’’. not apply with respect to such designation if, card and third party network (b) EFFECTIVE DATE.—The amendment after the date of the enactment of this sec- transactions. made by this section shall apply to taxable tion, the entity which made such nomination Sec. 41118. Repeal of shift in time of pay- years beginning after December 31, 2016. amends the nomination to provide for a new ment of corporate estimated SEC. 40304. EXTENSION OF CLASSIFICATION OF termination date in such manner as the Sec- taxes. CERTAIN RACE HORSES AS 3-YEAR retary of the Treasury (or the Secretary’s Sec. 41119. Enhancement of carbon dioxide PROPERTY. designee) may provide. (a) IN GENERAL.—Section 168(e)(3)(A)(i) is sequestration credit. amended— (b) EFFECTIVE DATE.—The amendment TITLE I—EXTENSION OF EXPIRING (1) by striking ‘‘January 1, 2017’’ in sub- made by subsection (a)(1) shall apply to tax- PROVISIONS clause (I) and inserting ‘‘January 1, 2018’’, able years beginning after December 31, 2016. SEC. 40101. AMENDMENT OF INTERNAL REVENUE and SEC. 40312. EXTENSION OF AMERICAN SAMOA CODE OF 1986. (2) by striking ‘‘December 31, 2016’’ in sub- ECONOMIC DEVELOPMENT CREDIT. Except as otherwise expressly provided, clause (II) and inserting ‘‘December 31, 2017’’. (a) IN GENERAL.—Section 119 of division A whenever in this title an amendment or re- (b) EFFECTIVE DATE.—The amendments of the Tax Relief and Health Care Act of 2006 peal is expressed in terms of an amendment made by this section shall apply to property is amended— to, or repeal of, a section or other provision, placed in service after December 31, 2016. (1) in subsection (d)— the reference shall be considered to be made SEC. 40305. EXTENSION OF 7-YEAR RECOVERY PE- (A) by striking ‘‘January 1, 2017’’ each to a section or other provision of the Inter- RIOD FOR MOTORSPORTS ENTER- place it appears and inserting ‘‘January 1, nal Revenue Code of 1986. TAINMENT COMPLEXES. 2018’’, (a) IN GENERAL.—Section 168(i)(15)(D) is (B) by striking ‘‘first 11 taxable years’’ in Subtitle A—Tax Relief for Families and amended by striking ‘‘December 31, 2016’’ and paragraph (1) and inserting ‘‘first 12 taxable Individuals inserting ‘‘December 31, 2017’’. years’’, and SEC. 40201. EXTENSION OF EXCLUSION FROM (b) EFFECTIVE DATE.—The amendment (C) by striking ‘‘first 5 taxable years’’ in GROSS INCOME OF DISCHARGE OF made by this section shall apply to property paragraph (2) and inserting ‘‘first 6 taxable QUALIFIED PRINCIPAL RESIDENCE placed in service after December 31, 2016. INDEBTEDNESS. years’’, and SEC. 40306. EXTENSION OF ACCELERATED DE- (2) in subsection (e), by adding at the end (a) IN GENERAL.—Section 108(a)(1)(E) is PRECIATION FOR BUSINESS PROP- amended by striking ‘‘January 1, 2017’’ each ERTY ON AN INDIAN RESERVATION. the following: ‘‘References in this subsection place it appears and inserting ‘‘January 1, (a) IN GENERAL.—Section 168(j)(9) is amend- to section 199 of the Internal Revenue Code 2018’’. ed by striking ‘‘December 31, 2016’’ and in- of 1986 shall be treated as references to such (b) EFFECTIVE DATE.—The amendments serting ‘‘December 31, 2017’’. section as in effect before its repeal.’’. made by this section shall apply to dis- (b) EFFECTIVE DATE.—The amendment (b) EFFECTIVE DATE.—The amendments charges of indebtedness after December 31, made by this section shall apply to property made by this section shall apply to taxable 2016. placed in service after December 31, 2016. years beginning after December 31, 2016.

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Subtitle C—Incentives for Energy Production (2) PAYMENTS.—Section 6427(e)(6)(B) is ‘‘property the construction of which begins and Conservation amended by striking ‘‘December 31, 2016’’ and before January 1, 2022’’. SEC. 40401. EXTENSION OF CREDIT FOR NON- inserting ‘‘December 31, 2017’’. (b) PHASEOUT OF 30-PERCENT CREDIT RATE BUSINESS ENERGY PROPERTY. (3) EFFECTIVE DATE.—The amendments FOR FIBER-OPTIC SOLAR, QUALIFIED FUEL (a) IN GENERAL.—Section 25C(g)(2) is made by this subsection shall apply to fuel CELL, AND QUALIFIED SMALL WIND ENERGY amended by striking ‘‘December 31, 2016’’ and sold or used after December 31, 2016. PROPERTY.— inserting ‘‘December 31, 2017’’. (4) SPECIAL RULE FOR 2017.—Notwith- (1) IN GENERAL.—Section 48(a) is amended (b) EFFECTIVE DATE.—The amendment standing any other provision of law, in the by adding at the end the following new para- made by this section shall apply to property case of any biodiesel mixture credit properly graph: placed in service after December 31, 2016. determined under section 6426(c) of the Inter- ‘‘(7) PHASEOUT FOR FIBER-OPTIC SOLAR, SEC. 40402. EXTENSION AND MODIFICATION OF nal Revenue Code of 1986 for the period be- QUALIFIED FUEL CELL, AND QUALIFIED SMALL CREDIT FOR RESIDENTIAL ENERGY ginning on January 1, 2017, and ending on De- WIND ENERGY PROPERTY.— PROPERTY. cember 31, 2017, such credit shall be allowed, ‘‘(A) IN GENERAL.—Subject to subparagraph (a) IN GENERAL.—Section 25D(h) is amend- and any refund or payment attributable to (B), in the case of any qualified fuel cell ed by striking ‘‘December 31, 2016’’ and all such credit (including any payment under property, qualified small wind property, or that follows and inserting ‘‘December 31, section 6427(e) of such Code) shall be made, energy property described in paragraph 2021.’’. only in such manner as the Secretary of the (3)(A)(ii), the energy percentage determined (b) PHASEOUT.— Treasury (or the Secretary’s delegate) shall under paragraph (2) shall be equal to— (1) IN GENERAL.—Section 25D(a) is amended provide. Such Secretary shall issue guidance ‘‘(i) in the case of any property the con- by striking ‘‘the sum of—’’ and all that fol- within 30 days after the date of the enact- struction of which begins after December 31, lows and inserting ‘‘the sum of the applica- ment of this Act providing for a one-time 2019, and before January 1, 2021, 26 percent, ble percentages of— submission of claims covering periods de- and ‘‘(1) the qualified solar electric property scribed in the preceding sentence. Such guid- ‘‘(ii) in the case of any property the con- expenditures, ance shall provide for a 180-day period for the struction of which begins after December 31, ‘‘(2) the qualified solar water heating prop- submission of such claims (in such manner 2020, and before January 1, 2022, 22 percent. erty expenditures, as prescribed by such Secretary) to begin not ‘‘(B) PLACED IN SERVICE DEADLINE.—In the ‘‘(3) the qualified fuel cell property expend- later than 30 days after such guidance is case of any energy property described in sub- itures, issued. Such claims shall be paid by such paragraph (A) which is not placed in service ‘‘(4) the qualified small wind energy prop- Secretary not later than 60 days after re- before January 1, 2024, the energy percentage erty expenditures, and ceipt. If such Secretary has not paid pursu- determined under paragraph (2) shall be ‘‘(5) the qualified geothermal heat pump ant to a claim filed under this subsection equal to 0 percent.’’. property expenditures, within 60 days after the date of the filing of (2) CONFORMING AMENDMENT.—Section made by the taxpayer during such year.’’. such claim, the claim shall be paid with in- 48(a)(2)(A) is amended by striking ‘‘para- (2) CONFORMING AMENDMENT.—Section terest from such date determined by using graph (6)’’ and inserting ‘‘paragraphs (6) and 25D(g) is amended by striking ‘‘paragraphs the overpayment rate and method under sec- (7)’’. (1) and (2) of’’. tion 6621 of such Code. (3) CLARIFICATION RELATING TO PHASEOUT (c) EFFECTIVE DATE.—The amendment SEC. 40408. EXTENSION OF PRODUCTION CREDIT FOR WIND FACILITIES.—Section 48(a)(5)(E) is made by this section shall apply to property FOR INDIAN COAL FACILITIES. amended by inserting ‘‘which is treated as placed in service after December 31, 2016. (a) IN GENERAL.—Section 45(e)(10)(A) is energy property by reason of this paragraph’’ SEC. 40403. EXTENSION OF CREDIT FOR NEW amended by striking ‘‘11-year period’’ each after ‘‘using wind to produce electricity’’. QUALIFIED FUEL CELL MOTOR VE- place it appears and inserting ‘‘12-year pe- (c) EXTENSION OF QUALIFIED FUEL CELL HICLES. riod’’. PROPERTY.—Section 48(c)(1)(D) is amended (a) IN GENERAL.—Section 30B(k)(1) is (b) EFFECTIVE DATE.—The amendment by striking ‘‘for any period after December amended by striking ‘‘December 31, 2016’’ and made by this section shall apply to coal pro- 31, 2016’’ and inserting ‘‘the construction of inserting ‘‘December 31, 2017’’. duced after December 31, 2016. which does not begin before January 1, 2022’’. (b) EFFECTIVE DATE.—The amendment (d) EXTENSION OF QUALIFIED MICROTURBINE SEC. 40409. EXTENSION OF CREDITS WITH RE- made by this section shall apply to property PROPERTY.—Section 48(c)(2)(D) is amended purchased after December 31, 2016. SPECT TO FACILITIES PRODUCING ENERGY FROM CERTAIN RENEW- by striking ‘‘for any period after December SEC. 40404. EXTENSION OF CREDIT FOR ALTER- ABLE RESOURCES. 31, 2016’’ and inserting ‘‘the construction of NATIVE FUEL VEHICLE REFUELING (a) IN GENERAL.—The following provisions which does not begin before January 1, 2022’’. PROPERTY. of section 45(d) are each amended by striking (e) EXTENSION OF COMBINED HEAT AND (a) IN GENERAL.—Section 30C(g) is amended ‘‘January 1, 2017’’ each place it appears and POWER SYSTEM PROPERTY.—Section by striking ‘‘December 31, 2016’’ and insert- inserting ‘‘January 1, 2018’’: 48(c)(3)(A)(iv) is amended by striking ‘‘which ing ‘‘December 31, 2017’’. (1) Paragraph (2)(A). is placed in service before January 1, 2017’’ (b) EFFECTIVE DATE.—The amendment (2) Paragraph (3)(A). and inserting ‘‘the construction of which be- made by this section shall apply to property (3) Paragraph (4)(B). gins before January 1, 2022’’. placed in service after December 31, 2016. (f) EXTENSION OF QUALIFIED SMALL WIND (4) Paragraph (6). SEC. 40405. EXTENSION OF CREDIT FOR 2- ENERGY PROPERTY.—Section 48(c)(4)(C) is (5) Paragraph (7). WHEELED PLUG-IN ELECTRIC VEHI- amended by striking ‘‘for any period after (6) Paragraph (9). CLES. December 31, 2016’’ and inserting ‘‘the con- (7) Paragraph (11)(B). (a) IN GENERAL.—Section 30D(g)(3)(E)(ii) is struction of which does not begin before Jan- (b) EXTENSION OF ELECTION TO TREAT amended by striking ‘‘January 1, 2017’’ and uary 1, 2022’’. QUALIFIED FACILITIES AS ENERGY PROP- inserting ‘‘January 1, 2018’’. (g) EFFECTIVE DATE.— ERTY.—Section 48(a)(5)(C)(ii) is amended by (b) EFFECTIVE DATE.—The amendment (1) IN GENERAL.—Except as otherwise pro- striking ‘‘January 1, 2017’’ and inserting made by this section shall apply to vehicles vided in this subsection, the amendments ‘‘January 1, 2018’’. acquired after December 31, 2016. made by this section shall apply to periods (c) EFFECTIVE DATE.—The amendments SEC. 40406. EXTENSION OF SECOND GENERATION after December 31, 2016, under rules similar made by this section shall take effect on BIOFUEL PRODUCER CREDIT. to the rules of section 48(m) of the Internal January 1, 2017. (a) IN GENERAL.—Section 40(b)(6)(J)(i) is Revenue Code of 1986 (as in effect on the day amended by striking ‘‘January 1, 2017’’ and SEC. 40410. EXTENSION OF CREDIT FOR ENERGY- before the date of the enactment of the Rev- inserting ‘‘January 1, 2018’’. EFFICIENT NEW HOMES. enue Reconciliation Act of 1990). (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Section 45L(g) is amended (2) EXTENSION OF COMBINED HEAT AND POWER made by this section shall apply to qualified by striking ‘‘December 31, 2016’’ and insert- SYSTEM PROPERTY.—The amendment made by second generation biofuel production after ing ‘‘December 31, 2017’’. subsection (e) shall apply to property placed December 31, 2016. (b) EFFECTIVE DATE.—The amendment in service after December 31, 2016. SEC. 40407. EXTENSION OF BIODIESEL AND RE- made by this section shall apply to homes (3) PHASEOUTS AND TERMINATIONS.—The NEWABLE DIESEL INCENTIVES. acquired after December 31, 2016. amendments made by subsection (b) shall (a) INCOME TAX CREDIT.— SEC. 40411. EXTENSION AND PHASEOUT OF EN- take effect on the date of the enactment of (1) IN GENERAL.—Subsection (g) of section ERGY CREDIT. this Act. 40A is amended by striking ‘‘December 31, (a) EXTENSION OF SOLAR AND THERMAL EN- SEC. 40412. EXTENSION OF SPECIAL ALLOWANCE 2016’’ and inserting ‘‘December 31, 2017’’. ERGY PROPERTY.—Section 48(a)(3)(A) is FOR SECOND GENERATION BIOFUEL (2) EFFECTIVE DATE.—The amendment amended— PLANT PROPERTY. made by this subsection shall apply to fuel (1) by striking ‘‘periods ending before Jan- (a) IN GENERAL.—Section 168(l)(2)(D) is sold or used after December 31, 2016. uary 1, 2017’’ in clause (ii) and inserting amended by striking ‘‘January 1, 2017’’ and (b) EXCISE TAX INCENTIVES.— ‘‘property the construction of which begins inserting ‘‘January 1, 2018’’. (1) IN GENERAL.—Section 6426(c)(6) is before January 1, 2022’’, and (b) EFFECTIVE DATE.—The amendment amended by striking ‘‘December 31, 2016’’ and (2) by striking ‘‘periods ending before Jan- made by this section shall apply to property inserting ‘‘December 31, 2017’’. uary 1, 2017’’ in clause (vii) and inserting placed in service after December 31, 2016.

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SEC. 40413. EXTENSION OF ENERGY EFFICIENT ‘‘(A) IN GENERAL.—Any unutilized national ‘‘(A) APPLICATION TO PARTNERSHIPS.—In the COMMERCIAL BUILDINGS DEDUC- megawatt capacity limitation shall be allo- case of a credit under subsection (a) which is TION. cated by the Secretary under paragraph (3) determined at the partnership level— (a) IN GENERAL.—Section 179D(h) is amend- as rapidly as is practicable after December ‘‘(i) for purposes of paragraph (1)(A), a ed by striking ‘‘December 31, 2016’’ and in- 31, 2020— qualified public entity shall be treated as the serting ‘‘December 31, 2017’’. ‘‘(i) first to facilities placed in service on taxpayer with respect to such entity’s dis- (b) EFFECTIVE DATE.—The amendment or before such date to the extent that such tributive share of such credit, and made by this section shall apply to property facilities did not receive an allocation equal ‘‘(ii) the term ‘eligible project partner’ placed in service after December 31, 2016. to their full nameplate capacity, and shall include any partner of the partnership. SEC. 40414. EXTENSION OF SPECIAL RULE FOR ‘‘(ii) then to facilities placed in service ‘‘(B) TAXABLE YEAR IN WHICH CREDIT TAKEN SALES OR DISPOSITIONS TO IMPLE- MENT FERC OR STATE ELECTRIC RE- after such date in the order in which such fa- INTO ACCOUNT.—In the case of any credit (or STRUCTURING POLICY FOR QUALI- cilities are placed in service. portion thereof) with respect to which an FIED ELECTRIC UTILITIES. ‘‘(B) UNUTILIZED NATIONAL MEGAWATT CA- election is made under paragraph (1), such (a) IN GENERAL.—Section 451(k)(3), as PACITY LIMITATION.—The term ‘unutilized na- credit shall be taken into account in the amended by section 13221 of Public Law 115- tional megawatt capacity limitation’ means first taxable year of the eligible project part- 97, is amended by striking ‘‘January 1, 2017’’ the excess (if any) of— ner ending with, or after, the qualified public and inserting ‘‘January 1, 2018’’. ‘‘(i) 6,000 megawatts, over entity’s taxable year with respect to which (b) EFFECTIVE DATE.—The amendment ‘‘(ii) the aggregate amount of national the credit was determined. made by this section shall apply to disposi- megawatt capacity limitation allocated by ‘‘(C) TREATMENT OF TRANSFER UNDER PRI- tions after December 31, 2016. the Secretary before January 1, 2021, reduced VATE USE RULES.—For purposes of section SEC. 40415. EXTENSION OF EXCISE TAX CREDITS by any amount of such limitation which was 141(b)(1), any benefit derived by an eligible RELATING TO ALTERNATIVE FUELS. allocated to a facility which was not placed project partner in connection with an elec- (a) EXTENSION OF ALTERNATIVE FUELS EX- in service before such date. tion under this subsection shall not be taken CISE TAX CREDITS.— ‘‘(C) COORDINATION WITH OTHER PROVI- into account as a private business use.’’. (1) IN GENERAL.—Sections 6426(d)(5) and SIONS.—In the case of any unutilized national (2) SPECIAL RULE FOR PROCEEDS OF TRANS- 6426(e)(3) are each amended by striking ‘‘De- megawatt capacity limitation allocated by FERS FOR MUTUAL OR COOPERATIVE ELECTRIC cember 31, 2016’’ and inserting ‘‘December 31, the Secretary pursuant to this paragraph— COMPANIES.—Section 501(c)(12) is amended by 2017’’. ‘‘(i) such allocation shall be treated for adding at the end the following new subpara- (2) OUTLAY PAYMENTS FOR ALTERNATIVE purposes of this section in the same manner graph: FUELS.—Section 6427(e)(6)(C) is amended by as an allocation of national megawatt capac- ‘‘(I) In the case of a mutual or cooperative striking ‘‘December 31, 2016’’ and inserting ity limitation, and electric company described in this paragraph ‘‘December 31, 2017’’. ‘‘(ii) subsection (d)(1)(B) shall not apply to or an organization described in section (3) EFFECTIVE DATE.—The amendments any facility which receives such alloca- 1381(a)(2), income received or accrued in con- made by this subsection shall apply to fuel tion.’’. nection with an election under section sold or used after December 31, 2016. (b) TRANSFER OF CREDIT BY CERTAIN PUBLIC 45J(e)(1) shall be treated as an amount col- (b) SPECIAL RULE FOR 2017.—Notwith- ENTITIES.— lected from members for the sole purpose of standing any other provision of law, in the (1) IN GENERAL.—Section 45J is amended— meeting losses and expenses.’’. case of any alternative fuel credit properly (A) by redesignating subsection (e) as sub- (c) EFFECTIVE DATES.— determined under section 6426(d) of the Inter- section (f), and (1) TREATMENT OF UNUTILIZED LIMITATION nal Revenue Code of 1986 for the period be- (B) by inserting after subsection (d) the AMOUNTS.—The amendment made by sub- ginning on January 1, 2017, and ending on De- following new subsection: section (a) shall take effect on the date of cember 31, 2017, such credit shall be allowed, ‘‘(e) TRANSFER OF CREDIT BY CERTAIN PUB- the enactment of this Act. and any refund or payment attributable to (2) TRANSFER OF CREDIT BY CERTAIN PUBLIC such credit (including any payment under LIC ENTITIES.— ‘‘(1) IN GENERAL.—If, with respect to a cred- ENTITIES.—The amendments made by sub- section 6427(e) of such Code) shall be made, section (b) shall apply to taxable years be- only in such manner as the Secretary of the it under subsection (a) for any taxable year— ‘‘(A) a qualified public entity would be the ginning after the date of the enactment of Treasury (or the Secretary’s delegate) shall this Act. provide. Such Secretary shall issue guidance taxpayer (but for this paragraph), and within 30 days after the date of the enact- ‘‘(B) such entity elects the application of TITLE II—MISCELLANEOUS PROVISIONS ment of this Act providing for a one-time this paragraph for such taxable year with re- SEC. 41101. AMENDMENT OF INTERNAL REVENUE submission of claims covering periods de- spect to all (or any portion specified in such CODE OF 1986. scribed in the preceding sentence. Such guid- election) of such credit, Except as otherwise expressly provided, ance shall provide for a 180-day period for the the eligible project partner specified in such whenever in this title an amendment or re- submission of such claims (in such manner election, and not the qualified public entity, peal is expressed in terms of an amendment as prescribed by such Secretary) to begin not shall be treated as the taxpayer for purposes to, or repeal of, a section or other provision, later than 30 days after such guidance is of this title with respect to such credit (or the reference shall be considered to be made issued. Such claims shall be paid by such such portion thereof). to a section or other provision of the Inter- Secretary not later than 60 days after re- ‘‘(2) DEFINITIONS.—For purposes of this sub- nal Revenue Code of 1986. ceipt. If such Secretary has not paid pursu- section— SEC. 41102. MODIFICATIONS TO RUM COVER ant to a claim filed under this subsection ‘‘(A) QUALIFIED PUBLIC ENTITY.—The term OVER. within 60 days after the date of the filing of ‘qualified public entity’ means— (a) EXTENSION.— such claim, the claim shall be paid with in- ‘‘(i) a Federal, State, or local government (1) IN GENERAL.—Section 7652(f)(1) is terest from such date determined by using entity, or any political subdivision, agency, amended by striking ‘‘January 1, 2017’’ and the overpayment rate and method under sec- or instrumentality thereof, inserting ‘‘January 1, 2022’’. tion 6621 of such Code. ‘‘(ii) a mutual or cooperative electric com- (2) EFFECTIVE DATE.—The amendment SEC. 40416. EXTENSION OF OIL SPILL LIABILITY pany described in section 501(c)(12) or made by this subsection shall apply to dis- TRUST FUND FINANCING RATE. 1381(a)(2), or tilled spirits brought into the United States (a) IN GENERAL.—Section 4611(f)(2) is ‘‘(iii) a not-for-profit electric utility which after December 31, 2016. amended by striking ‘‘December 31, 2017’’ and had or has received a loan or loan guarantee (b) DETERMINATION OF TAXES ON RUM.— inserting ‘‘December 31, 2018’’. under the Rural Electrification Act of 1936. (1) IN GENERAL.—Section 7652(e) is amended (b) EFFECTIVE DATE.—The amendment ‘‘(B) ELIGIBLE PROJECT PARTNER.—The term by adding at the end the following new para- made by this section shall apply on and after ‘eligible project partner’ means any person graph: the first day of the first calendar month be- who— ‘‘(5) DETERMINATION OF AMOUNT OF TAXES ginning after the date of the enactment of ‘‘(i) is responsible for, or participates in, COLLECTED.—For purposes of this subsection, this Act. the design or construction of the advanced the amount of taxes collected under section Subtitle D—Modifications of Energy nuclear power facility to which the credit 5001(a)(1) shall be determined without regard Incentives under subsection (a) relates, to section 5001(c).’’. SEC. 40501. MODIFICATIONS OF CREDIT FOR PRO- ‘‘(ii) participates in the provision of the (2) EFFECTIVE DATE.—The amendment DUCTION FROM ADVANCED NU- nuclear steam supply system to such facil- made by this subsection shall apply to dis- CLEAR POWER FACILITIES. ity, tilled spirits brought into the United States (a) TREATMENT OF UNUTILIZED LIMITATION ‘‘(iii) participates in the provision of nu- after December 31, 2017. AMOUNTS.—Section 45J(b) is amended— clear fuel to such facility, SEC. 41103. EXTENSION OF WAIVER OF LIMITA- (1) by inserting ‘‘or any amendment to’’ ‘‘(iv) is a financial institution providing fi- TIONS WITH RESPECT TO EXCLUD- after ‘‘enactment of’’ in paragraph (4), and nancing for the construction or operation of ING FROM GROSS INCOME AMOUNTS (2) by adding at the end the following new such facility, or RECEIVED BY WRONGFULLY INCAR- paragraph: ‘‘(v) has an ownership interest in such fa- CERATED INDIVIDUALS. ‘‘(5) ALLOCATION OF UNUTILIZED LIMITA- cility. (a) IN GENERAL.—Section 304(d) of the Pro- TION.— ‘‘(3) SPECIAL RULES.— tecting Americans from Tax Hikes Act of

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2015 (26 U.S.C. 139F note) is amended by ‘‘(5) TREATMENT OF INHERITED ACCOUNTS.— ‘‘(21) ATTORNEYS’ FEES RELATING TO AWARDS striking ‘‘1-year’’ and inserting ‘‘3-year’’. For purposes of paragraph (1)(A), section TO WHISTLEBLOWERS.— (b) EFFECTIVE DATE.—The amendment 408(d)(3)(C) shall be disregarded in deter- ‘‘(A) IN GENERAL.—Any deduction allowable made by this section shall take effect on the mining whether an individual retirement under this chapter for attorney fees and date of the enactment of this Act. plan is a plan to which a rollover contribu- court costs paid by, or on behalf of, the tax- SEC. 41104. INDIVIDUALS HELD HARMLESS ON tion of a distribution from the plan levied payer in connection with any award under— IMPROPER LEVY ON RETIREMENT upon is permitted.’’. ‘‘(i) section 7623(b), or PLANS. (b) EFFECTIVE DATE.—The amendment ‘‘(ii) in the case of taxable years beginning (a) IN GENERAL.—Section 6343 is amended made by this section shall apply to amounts after December 31, 2017, any action brought by adding at the end the following new sub- paid under subsections (b), (c), and (d)(2)(A) under— section: of section 6343 of the Internal Revenue Code ‘‘(I) section 21F of the Securities Exchange of 1986 in taxable years beginning after De- ‘‘(f) INDIVIDUALS HELD HARMLESS ON Act of 1934 (15 U.S.C. 78u-6), cember 31, 2017. WRONGFUL LEVY, ETC. ON RETIREMENT ‘‘(II) a State law relating to false or fraud- PLAN.— SEC. 41105. MODIFICATION OF USER FEE RE- ulent claims that meets the requirements de- QUIREMENTS FOR INSTALLMENT ‘‘(1) IN GENERAL.—If the Secretary deter- scribed in section 1909(b) of the Social Secu- AGREEMENTS. mines that an individual’s account or benefit rity Act (42 U.S.C. 1396h(b)), or (a) IN GENERAL.—Section 6159 is amended under an eligible retirement plan (as defined ‘‘(III) section 23 of the Commodity Ex- by redesignating subsection (f) as subsection change Act (7 U.S.C. 26). in section 402(c)(8)(B)) has been levied upon (g) and by inserting after subsection (e) the in a case to which subsection (b) or (d)(2)(A) ‘‘(B) MAY NOT EXCEED AWARD.—Subpara- following new subsection: graph (A) shall not apply to any deduction in applies and property or an amount of money ‘‘(f) INSTALLMENT AGREEMENT FEES.— excess of the amount includible in the tax- is returned to the individual— ‘‘(1) LIMITATION ON FEE AMOUNT.—The payer’s gross income for the taxable year on ‘‘(A) the individual may contribute such amount of any fee imposed on an installment account of such award.’’. property or an amount equal to the sum of— agreement under this section may not exceed ‘‘(i) the amount of money so returned by the amount of such fee as in effect on the (b) EFFECTIVE DATE.—The amendment the Secretary, and date of the enactment of this subsection. made by this section shall apply to taxable ‘‘(ii) interest paid under subsection (c) on ‘‘(2) WAIVER OR REIMBURSEMENT.—In the years beginning after December 31, 2017. such amount of money, case of any taxpayer with an adjusted gross into such eligible retirement plan if such SEC. 41108. CLARIFICATION OF WHISTLEBLOWER income, as determined for the most recent AWARDS. contribution is permitted by the plan, or year for which such information is available, into an individual retirement plan (other which does not exceed 250 percent of the ap- (a) DEFINITION OF PROCEEDS.— than an endowment contract) to which a plicable poverty level (as determined by the (1) IN GENERAL.—Section 7623 is amended rollover contribution of a distribution from Secretary)— by adding at the end the following new sub- such eligible retirement plan is permitted, ‘‘(A) if the taxpayer has agreed to make section: but only if such contribution is made not payments under the installment agreement ‘‘(c) PROCEEDS.—For purposes of this sec- later than the due date (not including exten- by electronic payment through a debit in- tion, the term ‘proceeds’ includes— sions) for filing the return of tax for the tax- strument, no fee shall be imposed on an in- ‘‘(1) penalties, interest, additions to tax, able year in which such property or amount stallment agreement under this section, and and additional amounts provided under the of money is returned, and ‘‘(B) if the taxpayer is unable to make pay- internal revenue laws, and ‘‘(B) the Secretary shall, at the time such ments under the installment agreement by ‘‘(2) any proceeds arising from laws for property or amount of money is returned, electronic payment through a debit instru- which the Internal Revenue Service is au- notify such individual that a contribution ment, the Secretary shall, upon completion thorized to administer, enforce, or inves- described in subparagraph (A) may be made. of the installment agreement, pay the tax- tigate, including— ‘‘(2) TREATMENT AS ROLLOVER.—The dis- payer an amount equal to any such fees im- ‘‘(A) criminal fines and civil forfeitures, tribution on account of the levy and any posed.’’. and contribution under paragraph (1) with re- (b) EFFECTIVE DATE.—The amendments ‘‘(B) violations of reporting require- spect to the return of such distribution shall made by this section shall apply to agree- ments.’’. be treated for purposes of this title as if such ments entered into on or after the date (2) CONFORMING AMENDMENTS.—Paragraphs distribution and contribution were described which is 60 days after the date of the enact- (1) and (2)(A) of section 7623(b) are each in section 402(c), 402A(c)(3), 403(a)(4), ment of this Act. amended by striking ‘‘collected proceeds (in- 403(b)(8), 408(d)(3), 408A(d)(3), or 457(e)(16), SEC. 41106. FORM 1040SR FOR SENIORS. cluding penalties, interest, additions to tax, whichever is applicable; except that— (a) IN GENERAL.—The Secretary of the and additional amounts) resulting from the ‘‘(A) the contribution shall be treated as Treasury (or the Secretary’s delegate) shall action’’ and inserting ‘‘proceeds collected as having been made for the taxable year in make available a form, to be known as a result of the action’’. which the distribution on account of the levy ‘‘Form 1040SR’’, for use by individuals to file (b) AMOUNT OF PROCEEDS DETERMINED occurred, and the interest paid under sub- the return of tax imposed by chapter 1 of the WITHOUT REGARD TO AVAILABILITY.—Para- section (c) shall be treated as earnings with- Internal Revenue Code of 1986. Such form graphs (1) and (2)(A) of section 7623(b) are in the plan after the contribution and shall shall be as similar as practicable to Form each amended by inserting ‘‘(determined not be included in gross income, and 1040EZ, except that— without regard to whether such proceeds are ‘‘(B) such contribution shall not be taken (1) the form shall be available only to indi- available to the Secretary)’’ after ‘‘in re- into account under section 408(d)(3)(B). viduals who have attained age 65 as of the sponse to such action’’. ‘‘(3) REFUND, ETC., OF INCOME TAX ON close of the taxable year, LEVY.— (2) the form may be used even if income for (c) DISPUTED AMOUNT THRESHOLD.—Section ‘‘(A) IN GENERAL.—If any amount is includ- the taxable year includes— 7623(b)(5)(B) is amended by striking ‘‘tax, ible in gross income for a taxable year by (A) social security benefits (as defined in penalties, interest, additions to tax, and ad- reason of a distribution on account of a levy section 86(d) of the Internal Revenue Code of ditional amounts’’ and inserting ‘‘proceeds’’. referred to in paragraph (1) and any portion 1986), (d) EFFECTIVE DATE.—The amendments of such amount is treated as a rollover con- (B) distributions from qualified retirement made by this section shall apply to informa- tribution under paragraph (2), any tax im- plans (as defined in section 4974(c) of such tion provided before, on, or after the date of posed by chapter 1 on such portion shall not Code), annuities or other such deferred pay- the enactment of this Act with respect to be assessed, and if assessed shall be abated, ment arrangements, which a final determination for an award has and if collected shall be credited or refunded (C) interest and dividends, or not been made before such date of enact- as an overpayment made on the due date for (D) capital gains and losses taken into ac- ment. filing the return of tax for such taxable year. count in determining adjusted net capital SEC. 41109. CLARIFICATION REGARDING EXCISE ‘‘(B) EXCEPTION.—Subparagraph (A) shall gain (as defined in section 1(h)(3) of such TAX BASED ON INVESTMENT IN- not apply to a rollover contribution under Code), and COME OF PRIVATE COLLEGES AND this subsection which is made from an eligi- (3) the form shall be available without re- UNIVERSITIES. ble retirement plan which is not a Roth IRA gard to the amount of any item of taxable (a) IN GENERAL.—Subsection (b)(1) of sec- or a designated Roth account (within the income or the total amount of taxable in- tion 4968, as added by section 13701(a) of Pub- meaning of section 402A) to a Roth IRA or a come for the taxable year. lic Law 115–97, is amended— designated Roth account under an eligible (b) EFFECTIVE DATE.—The form required by retirement plan. subsection (a) shall be made available for (1) by inserting ‘‘tuition-paying’’ after ‘‘(4) INTEREST.—Notwithstanding sub- taxable years beginning after the date of the ‘‘500’’ in subparagraph (A), and section (d), interest shall be allowed under enactment of this Act. (2) by inserting ‘‘tuition-paying’’ after ‘‘50 percent of the’’ in subparagraph (B). subsection (c) in a case in which the Sec- SEC. 41107. ATTORNEYS FEES RELATING TO retary makes a determination described in AWARDS TO WHISTLEBLOWERS. (b) EFFECTIVE DATE.—The amendments subsection (d)(2)(A) with respect to a levy (a) IN GENERAL.—Paragraph (21) of section made by this section shall apply to taxable upon an individual retirement plan. 62(a) is amended to read as follows: years beginning after December 31, 2017.

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(a) IN GENERAL.—Subsection (b) of section ATED PHILANTHROPIC BUSINESS 1400Z-1 is amended by adding at the end the HOLDINGS. ‘‘Nothing in this subpart, the amendments made by this subpart, or any regulation pro- following new paragraph: (a) IN GENERAL.—Section 4943 is amended ‘‘(3) SPECIAL RULE FOR PUERTO RICO.—Each by adding at the end the following new sub- mulgated under this subpart or the amend- ments made by this subpart, shall be con- population census tract in Puerto Rico that section: is a low- income community shall be deemed ‘‘(g) EXCEPTION FOR CERTAIN HOLDINGS LIM- strued to preempt, supersede, or otherwise to be certified and designated as a qualified ITED TO INDEPENDENTLY-OPERATED PHILAN- limit or restrict any State, local, or tribal opportunity zone, effective on the date of the THROPIC BUSINESS.— law that prohibits or regulates the produc- enactment of Public Law 115-97.’’. ‘‘(1) IN GENERAL.—Subsection (a) shall not tion or sale of distilled spirits, wine, or malt (b) CONFORMING AMENDMENT.—Section apply with respect to the holdings of a pri- beverages.’’. 1400Z-1(d)(1) is amended by inserting ‘‘and (b) EFFECTIVE DATE.—The amendment vate foundation in any business enterprise subsection (b)(3)’’ after ‘‘paragraph (2)’’. which meets the requirements of paragraphs made by this section shall take effect as if included in Public Law 115-97. SEC. 41116. TAX HOME OF CERTAIN CITIZENS OR (2), (3), and (4) for the taxable year. RESIDENTS OF THE UNITED STATES ‘‘(2) OWNERSHIP.—The requirements of this SEC. 41112. SIMPLIFICATION OF RULES REGARD- LIVING ABROAD. paragraph are met if— ING RECORDS, STATEMENTS, AND (a) IN GENERAL.—Paragraph (3) of section ‘‘(A) 100 percent of the voting stock in the RETURNS. 911(d) is amended by inserting before the pe- business enterprise is held by the private (a) IN GENERAL.—Subsection (a) of section riod at the end of the second sentence the foundation at all times during the taxable 5555 is amended by adding at the end the fol- following: ‘‘, unless such individual is serv- year, and lowing: ‘‘For calendar quarters beginning ing in an area designated by the President of ‘‘(B) all the private foundation’s ownership after the date of the enactment of this sen- the United States by Executive order as a interests in the business enterprise were ac- tence, and before January 1, 2020, the Sec- combat zone for purposes of section 112 in quired by means other than by purchase. retary shall permit a person to employ a uni- support of the Armed Forces of the United ‘‘(3) ALL PROFITS TO CHARITY.— fied system for any records, statements, and States’’. ‘‘(A) IN GENERAL.—The requirements of returns required to be kept, rendered, or (b) EFFECTIVE DATE.—The amendment this paragraph are met if the business enter- made under this section for any beer pro- made by this section shall apply to taxable prise, not later than 120 days after the close duced in the brewery for which the tax im- years beginning after December 31, 2017. of the taxable year, distributes an amount posed by section 5051 has been determined, SEC. 41117. TREATMENT OF FOREIGN PERSONS equal to its net operating income for such including any beer which has been removed FOR RETURNS RELATING TO PAY- taxable year to the private foundation. for consumption on the premises of the brew- MENTS MADE IN SETTLEMENT OF ‘‘(B) NET OPERATING INCOME.—For purposes ery.’’. PAYMENT CARD AND THIRD PARTY NETWORK TRANSACTIONS. of this paragraph, the net operating income (b) EFFECTIVE DATE.—The amendment (a) IN GENERAL.—Section 6050W(d)(1)(B) is of any business enterprise for any taxable made by this section shall apply to calendar amended by adding at the end the following: year is an amount equal to the gross income quarters beginning after the date of the en- ‘‘Notwithstanding the preceding sentence, a of the business enterprise for the taxable actment of this Act. person with only a foreign address shall not year, reduced by the sum of— SEC. 41113. MODIFICATION OF RULES GOV- be treated as a participating payee with re- ‘‘(i) the deductions allowed by chapter 1 for ERNING HARDSHIP DISTRIBUTIONS. spect to any payment settlement entity sole- the taxable year which are directly con- (a) IN GENERAL.—Not later than 1 year ly because such person receives payments nected with the production of such income, after the date of the enactment of this Act, from such payment settlement entity in dol- ‘‘(ii) the tax imposed by chapter 1 on the the Secretary of the Treasury shall modify lars.’’. business enterprise for the taxable year, and Treasury Regulation section 1.401(k)– (b) EFFECTIVE DATE.—The amendment ‘‘(iii) an amount for a reasonable reserve 1(d)(3)(iv)(E) to— made by this section shall apply to returns for working capital and other business needs (1) delete the 6-month prohibition on con- for calendar years beginning after December of the business enterprise. tributions imposed by paragraph (2) thereof, 31, 2017. ‘‘(4) INDEPENDENT OPERATION.—The require- and SEC. 41118. REPEAL OF SHIFT IN TIME OF PAY- ments of this paragraph are met if, at all (2) make any other modifications nec- MENT OF CORPORATE ESTIMATED times during the taxable year— essary to carry out the purposes of section TAXES. ‘‘(A) no substantial contributor (as defined 401(k)(2)(B)(i)(IV) of the Internal Revenue The Trade Preferences Extension Act of in section 4958(c)(3)(C)) to the private foun- Code of 1986. 2015 is amended by striking section 803 (re- dation or family member (as determined (b) EFFECTIVE DATE.—The revised regula- lating to time for payment of corporate esti- under section 4958(f)(4)) of such a contributor tions under this section shall apply to plan mated taxes). is a director, officer, trustee, manager, em- years beginning after December 31, 2018. SEC. 41119. ENHANCEMENT OF CARBON DIOXIDE ployee, or contractor of the business enter- SEC. 41114. MODIFICATION OF RULES RELATING SEQUESTRATION CREDIT. prise (or an individual having powers or re- TO HARDSHIP WITHDRAWALS FROM (a) IN GENERAL.—Section 45Q is amended to sponsibilities similar to any of the fore- CASH OR DEFERRED ARRANGE- read as follows: going), MENTS. ‘‘SEC. 45Q. CREDIT FOR CARBON OXIDE SEQUES- ‘‘(B) at least a majority of the board of di- (a) IN GENERAL.—Section 401(k) is amended TRATION. rectors of the private foundation are persons by adding at the end the following: ‘‘(a) GENERAL RULE.—For purposes of sec- who are not— ‘‘(14) SPECIAL RULES RELATING TO HARDSHIP tion 38, the carbon oxide sequestration credit ‘‘(i) directors or officers of the business en- WITHDRAWALS.—For purposes of paragraph for any taxable year is an amount equal to terprise, or (2)(B)(i)(IV)— the sum of— ‘‘(ii) family members (as so determined) of ‘‘(A) AMOUNTS WHICH MAY BE WITHDRAWN.— ‘‘(1) $20 per metric ton of qualified carbon a substantial contributor (as so defined) to The following amounts may be distributed oxide which is— the private foundation, and upon hardship of the employee: ‘‘(A) captured by the taxpayer using car- ‘‘(C) there is no loan outstanding from the ‘‘(i) Contributions to a profit-sharing or bon capture equipment which is originally business enterprise to a substantial contrib- stock bonus plan to which section 402(e)(3) placed in service at a qualified facility before utor (as so defined) to the private foundation applies. the date of the enactment of the Bipartisan or to any family member of such a contrib- ‘‘(ii) Qualified nonelective contributions Budget Act of 2018, and utor (as so determined). (as defined in subsection (m)(4)(C)). ‘‘(B) disposed of by the taxpayer in secure ‘‘(5) CERTAIN DEEMED PRIVATE FOUNDATIONS ‘‘(iii) Qualified matching contributions de- geological storage and not used by the tax- EXCLUDED.—This subsection shall not apply scribed in paragraph (3)(D)(ii)(I). payer as described in paragraph (2)(B), to— ‘‘(iv) Earnings on any contributions de- ‘‘(2) $10 per metric ton of qualified carbon ‘‘(A) any fund or organization treated as a scribed in clause (i), (ii), or (iii). oxide which is— private foundation for purposes of this sec- ‘‘(B) NO REQUIREMENT TO TAKE AVAILABLE ‘‘(A) captured by the taxpayer using car- tion by reason of subsection (e) or (f), LOAN.—A distribution shall not be treated as bon capture equipment which is originally ‘‘(B) any trust described in section failing to be made upon the hardship of an placed in service at a qualified facility before 4947(a)(1) (relating to charitable trusts), and employee solely because the employee does the date of the enactment of the Bipartisan ‘‘(C) any trust described in section not take any available loan under the plan.’’. Budget Act of 2018, and 4947(a)(2) (relating to split-interest trusts).’’. (b) CONFORMING AMENDMENT.—Section ‘‘(B)(i) used by the taxpayer as a tertiary (b) EFFECTIVE DATE.—The amendment 401(k)(2)(B)(i)(IV) is amended to read as fol- injectant in a qualified enhanced oil or nat- made by this section shall apply to taxable lows: ural gas recovery project and disposed of by years beginning after December 31, 2017. ‘‘(IV) subject to the provisions of para- the taxpayer in secure geological storage, or SEC. 41111. RULE OF CONSTRUCTION FOR CRAFT graph (14), upon hardship of the employee, ‘‘(ii) utilized by the taxpayer in a manner BEVERAGE MODERNIZATION AND or’’. described in subsection (f)(5), TAX REFORM. (c) EFFECTIVE DATE.—The amendments ‘‘(3) the applicable dollar amount (as deter- (a) IN GENERAL.—Subpart A of part IX of made by this section shall apply to plan mined under subsection (b)(1)) per metric ton subtitle C of title I of Public Law 115-97 is years beginning after December 31, 2018. of qualified carbon oxide which is—

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‘‘(A) captured by the taxpayer using car- ‘‘(3) ELECTION.—For purposes of deter- ‘‘(A) IN GENERAL.—Subject to subparagraph bon capture equipment which is originally mining the carbon oxide sequestration credit (B), the term ‘direct air capture facility’ placed in service at a qualified facility on or under this section, a taxpayer may elect to means any facility which uses carbon cap- after the date of the enactment of the Bipar- have the dollar amounts applicable under ture equipment to capture carbon dioxide di- tisan Budget Act of 2018, during the 12-year paragraph (1) or (2) of subsection (a) apply in rectly from the ambient air. period beginning on the date the equipment lieu of the dollar amounts applicable under ‘‘(B) EXCEPTION.—The term ‘direct air cap- was originally placed in service, and paragraph (3) or (4) of such subsection for ture facility’ shall not include any facility ‘‘(B) disposed of by the taxpayer in secure each metric ton of qualified carbon oxide which captures carbon dioxide— geological storage and not used by the tax- which is captured by the taxpayer using car- ‘‘(i) which is deliberately released from payer as described in paragraph (4)(B), and bon capture equipment which is originally naturally occurring subsurface springs, or ‘‘(4) the applicable dollar amount (as deter- placed in service at a qualified facility on or ‘‘(ii) using natural photosynthesis. mined under subsection (b)(1)) per metric ton after the date of the enactment of the Bipar- ‘‘(2) QUALIFIED ENHANCED OIL OR NATURAL of qualified carbon oxide which is— tisan Budget Act of 2018. GAS RECOVERY PROJECT.—The term ‘qualified ‘‘(A) captured by the taxpayer using car- ‘‘(c) QUALIFIED CARBON OXIDE.—For pur- enhanced oil or natural gas recovery project’ bon capture equipment which is originally poses of this section— has the meaning given the term ‘qualified placed in service at a qualified facility on or ‘‘(1) IN GENERAL.—The term ‘qualified car- enhanced oil recovery project’ by section after the date of the enactment of the Bipar- bon oxide’ means— 43(c)(2), by substituting ‘crude oil or natural tisan Budget Act of 2018, during the 12-year ‘‘(A) any carbon dioxide which— gas’ for ‘crude oil’ in subparagraph (A)(i) period beginning on the date the equipment ‘‘(i) is captured from an industrial source thereof. was originally placed in service, and by carbon capture equipment which is origi- ‘‘(3) TERTIARY INJECTANT.—The term ‘ter- ‘‘(B)(i) used by the taxpayer as a tertiary nally placed in service before the date of the tiary injectant’ has the same meaning as injectant in a qualified enhanced oil or nat- enactment of the Bipartisan Budget Act of when used within section 193(b)(1). ural gas recovery project and disposed of by 2018, ‘‘(f) SPECIAL RULES.— the taxpayer in secure geological storage, or ‘‘(ii) would otherwise be released into the ‘‘(1) ONLY QUALIFIED CARBON OXIDE CAP- ‘‘(ii) utilized by the taxpayer in a manner atmosphere as industrial emission of green- TURED AND DISPOSED OF OR USED WITHIN THE described in subsection (f)(5). house gas or lead to such release, and UNITED STATES TAKEN INTO ACCOUNT.—The ‘‘(iii) is measured at the source of capture credit under this section shall apply only ‘‘(b) APPLICABLE DOLLAR AMOUNT; ADDI- and verified at the point of disposal, injec- with respect to qualified carbon oxide the TIONAL EQUIPMENT; ELECTION.— tion, or utilization, capture and disposal, use, or utilization of ‘‘(1) APPLICABLE DOLLAR AMOUNT.— ‘‘(B) any carbon dioxide or other carbon which is within— ‘‘(A) IN GENERAL.—The applicable dollar oxide which— ‘‘(A) the United States (within the mean- amount shall be an amount equal to— ‘‘(i) is captured from an industrial source ing of section 638(1)), or ‘‘(i) for any taxable year beginning in a by carbon capture equipment which is origi- ‘‘(B) a possession of the United States calendar year after 2016 and before 2027— nally placed in service on or after the date of (within the meaning of section 638(2)). ‘‘(I) for purposes of paragraph (3) of sub- the enactment of the Bipartisan Budget Act ‘‘(2) SECURE GEOLOGICAL STORAGE.—The section (a), the dollar amount established by of 2018, Secretary, in consultation with the Adminis- linear interpolation between $22.66 and $50 ‘‘(ii) would otherwise be released into the trator of the Environmental Protection for each calendar year during such period, atmosphere as industrial emission of green- Agency, the Secretary of Energy, and the and house gas or lead to such release, and Secretary of the Interior, shall establish reg- ‘‘(II) for purposes of paragraph (4) of such ‘‘(iii) is measured at the source of capture ulations for determining adequate security subsection, the dollar amount established by and verified at the point of disposal, injec- measures for the geological storage of quali- linear interpolation between $12.83 and $35 tion, or utilization, or fied carbon oxide under subsection (a) such for each calendar year during such period, ‘‘(C) in the case of a direct air capture fa- that the qualified carbon oxide does not es- and cility, any carbon dioxide which— cape into the atmosphere. Such term shall ‘‘(ii) for any taxable year beginning in a ‘‘(i) is captured directly from the ambient include storage at deep saline formations, oil calendar year after 2026— air, and and gas reservoirs, and unminable coal ‘‘(I) for purposes of paragraph (3) of sub- ‘‘(ii) is measured at the source of capture seams under such conditions as the Sec- section (a), an amount equal to the product and verified at the point of disposal, injec- retary may determine under such regula- of $50 and the inflation adjustment factor for tion, or utilization. tions. such calendar year determined under section ‘‘(2) RECYCLED CARBON OXIDE.—The term ‘‘(3) CREDIT ATTRIBUTABLE TO TAXPAYER.— 43(b)(3)(B) for such calendar year, deter- ‘qualified carbon oxide’ includes the initial ‘‘(A) IN GENERAL.—Except as provided in mined by substituting ‘2025’ for ‘1990’, and deposit of captured carbon oxide used as a subparagraph (B) or in any regulations pre- ‘‘(II) for purposes of paragraph (4) of such tertiary injectant. Such term does not in- scribed by the Secretary, any credit under subsection, an amount equal to the product clude carbon oxide that is recaptured, recy- this section shall be attributable to— of $35 and the inflation adjustment factor for cled, and re-injected as part of the enhanced ‘‘(i) in the case of qualified carbon oxide such calendar year determined under section oil and natural gas recovery process. captured using carbon capture equipment 43(b)(3)(B) for such calendar year, deter- ‘‘(d) QUALIFIED FACILITY.—For purposes of which is originally placed in service at a mined by substituting ‘2025’ for ‘1990’. this section, the term ‘qualified facility’ qualified facility before the date of the en- ‘‘(B) ROUNDING.—The applicable dollar means any industrial facility or direct air actment of the Bipartisan Budget Act of amount determined under subparagraph (A) capture facility— 2018, the person that captures and physically shall be rounded to the nearest cent. ‘‘(1) the construction of which begins be- or contractually ensures the disposal, utili- ‘‘(2) INSTALLATION OF ADDITIONAL CARBON fore January 1, 2024, and— zation, or use as a tertiary injectant of such CAPTURE EQUIPMENT ON EXISTING QUALIFIED ‘‘(A) construction of carbon capture equip- qualified carbon oxide, and FACILITY.—In the case of a qualified facility ment begins before such date, or ‘‘(ii) in the case of qualified carbon oxide placed in service before the date of the en- ‘‘(B) the original planning and design for captured using carbon capture equipment actment of the Bipartisan Budget Act of such facility includes installation of carbon which is originally placed in service at a 2018, for which additional carbon capture capture equipment, and qualified facility on or after the date of the equipment is placed in service on or after the ‘‘(2) which captures— enactment of the Bipartisan Budget Act of date of the enactment of such Act, the ‘‘(A) in the case of a facility which emits 2018, the person that owns the carbon cap- amount of qualified carbon oxide which is not more than 500,000 metric tons of carbon ture equipment and physically or contrac- captured by the taxpayer shall be equal to— oxide into the atmosphere during the taxable tually ensures the capture and disposal, uti- ‘‘(A) for purposes of paragraphs (1)(A) and year, not less than 25,000 metric tons of lization, or use as a tertiary injectant of (2)(A) of subsection (a), the lesser of— qualified carbon oxide during the taxable such qualified carbon oxide. ‘‘(i) the total amount of qualified carbon year which is utilized in a manner described ‘‘(B) ELECTION.—If the person described in oxide captured at such facility for the tax- in subsection (f)(5), subparagraph (A) makes an election under able year, or ‘‘(B) in the case of an electricity gener- this subparagraph in such time and manner ‘‘(ii) the total amount of the carbon diox- ating facility which is not described in sub- as the Secretary may prescribe by regula- ide capture capacity of the carbon capture paragraph (A), not less than 500,000 metric tions, the credit under this section— equipment in service at such facility on the tons of qualified carbon oxide during the tax- ‘‘(i) shall be allowable to the person that day before the date of the enactment of the able year, or disposes of the qualified carbon oxide, uti- Bipartisan Budget Act of 2018, and ‘‘(C) in the case of a direct air capture fa- lizes the qualified carbon oxide, or uses the ‘‘(B) for purposes of paragraphs (3)(A) and cility or any facility not described in sub- qualified carbon oxide as a tertiary (4)(A) of such subsection, an amount (not paragraph (A) or (B), not less than 100,000 injectant, and less than zero) equal to the excess of— metric tons of qualified carbon oxide during ‘‘(ii) shall not be allowable to the person ‘‘(i) the amount described in clause (i) of the taxable year. described in subparagraph (A). subparagraph (A), over ‘‘(e) DEFINITIONS.—For purposes of this sec- ‘‘(4) RECAPTURE.—The Secretary shall, by ‘‘(ii) the amount described in clause (ii) of tion— regulations, provide for recapturing the ben- such subparagraph. ‘‘(1) DIRECT AIR CAPTURE FACILITY.— efit of any credit allowable under subsection

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(a) with respect to any qualified carbon oxide ‘‘(g) APPLICATION OF SECTION FOR CERTAIN Sec. 50302. Expanding access to home dialy- which ceases to be captured, disposed of, or CARBON CAPTURE EQUIPMENT.—In the case of sis therapy. used as a tertiary injectant in a manner con- any carbon capture equipment placed in Subtitle B—Advancing Team-Based Care sistent with the requirements of this section. service before the date of the enactment of Sec. 50311. Providing continued access to ‘‘(5) UTILIZATION OF QUALIFIED CARBON the Bipartisan Budget Act of 2018, the credit Medicare Advantage special OXIDE.— under this section shall apply with respect to needs plans for vulnerable pop- ‘‘(A) IN GENERAL.—For purposes of this sec- qualified carbon oxide captured using such ulations. tion, utilization of qualified carbon oxide equipment before the end of the calendar year in which the Secretary, in consultation Subtitle C—Expanding Innovation and means— Technology ‘‘(i) the fixation of such qualified carbon with the Administrator of the Environ- Sec. 50321. Adapting benefits to meet the oxide through photosynthesis or mental Protection Agency, certifies that, needs of chronically ill Medi- chemosynthesis, such as through the grow- during the period beginning after October 3, care Advantage enrollees. ing of algae or bacteria, 2008, a total of 75,000,000 metric tons of quali- fied carbon oxide have been taken into ac- Sec. 50322. Expanding supplemental benefits ‘‘(ii) the chemical conversion of such quali- to meet the needs of chron- fied carbon oxide to a material or chemical count in accordance with— ‘‘(1) subsection (a) of this section, as in ef- ically ill Medicare Advantage compound in which such qualified carbon enrollees. oxide is securely stored, or fect on the day before the date of the enact- ment of the Bipartisan Budget Act of 2018, Sec. 50323. Increasing convenience for Medi- ‘‘(iii) the use of such qualified carbon oxide care Advantage enrollees for any other purpose for which a commer- and ‘‘(2) paragraphs (1) and (2) of subsection (a) through telehealth. cial market exists (with the exception of use Sec. 50324. Providing accountable care orga- as a tertiary injectant in a qualified en- of this section. ‘‘(h) REGULATIONS.—The Secretary may nizations the ability to expand hanced oil or natural gas recovery project), prescribe such regulations and other guid- the use of telehealth. as determined by the Secretary. ance as may be necessary or appropriate to Sec. 50325. Expanding the use of telehealth ‘‘(B) MEASUREMENT.— carry out this section, including regulations for individuals with stroke. ‘‘(i) IN GENERAL.—For purposes of deter- or other guidance to— Subtitle D—Identifying the Chronically Ill mining the amount of qualified carbon oxide ‘‘(1) ensure proper allocation under sub- Population utilized by the taxpayer under paragraph section (a) for qualified carbon oxide cap- Sec. 50331. Providing flexibility for bene- (2)(B)(ii) or (4)(B)(ii) of subsection (a), such tured by a taxpayer during the taxable year ficiaries to be part of an ac- amount shall be equal to the metric tons of ending after the date of the enactment of the countable care organization. qualified carbon oxide which the taxpayer Bipartisan Budget Act of 2018, and Subtitle E—Empowering Individuals and demonstrates, based upon an analysis of ‘‘(2) determine whether a facility satisfies Caregivers in Care Delivery lifecycle greenhouse gas emissions and sub- the requirements under subsection (d)(1) dur- ject to such requirements as the Secretary, Sec. 50341. Eliminating barriers to care co- ing such taxable year.’’. ordination under accountable in consultation with the Secretary of Energy (b) EFFECTIVE DATE.—The amendment and the Administrator of the Environmental care organizations. made by this section shall apply to taxable Sec. 50342. GAO study and report on longitu- Protection Agency, determines appropriate, years beginning after December 31, 2017. were— dinal comprehensive care plan- DIVISION E—HEALTH AND HUMAN ‘‘(I) captured and permanently isolated ning services under Medicare SERVICES EXTENDERS from the atmosphere, or part B. ‘‘(II) displaced from being emitted into the SEC. 50100. SHORT TITLE; TABLE OF CONTENTS. Subtitle F—Other Policies to Improve Care atmosphere, (a) SHORT TITLE.—This division may be for the Chronically Ill through use of a process described in sub- cited as the ‘‘Advancing Chronic Care, Ex- Sec. 50351. GAO study and report on improv- paragraph (A). tenders, and Social Services (ACCESS) Act’’ ing medication synchroni- (b) TABLE OF CONTENTS.—The table of con- ‘‘(ii) LIFECYCLE GREENHOUSE GAS EMIS- zation. tents for this division is as follows: SIONS.—For purposes of clause (i), the term Sec. 50352. GAO study and report on impact ‘lifecycle greenhouse gas emissions’ has the DIVISION E—HEALTH AND HUMAN of obesity drugs on patient same meaning given such term under sub- SERVICES EXTENDERS health and spending. paragraph (H) of section 211(o)(1) of the Clean Sec. 50100. Short title; table of contents. Sec. 50353. HHS study and report on long- Air Act (42 U.S.C. 7545(o)(1)), as in effect on TITLE I—CHIP term risk factors for chronic the date of the enactment of the Bipartisan Sec. 50101. Funding extension of the Chil- conditions among Medicare Budget Act of 2018, except that ‘product’ dren’s Health Insurance Pro- beneficiaries. Sec. 50354. Providing prescription drug plans shall be substituted for ‘fuel’ each place it gram through fiscal year 2027. appears in such subparagraph. Sec. 50102. Extension of pediatric quality with parts A and B claims data ‘‘(6) ELECTION FOR APPLICABLE FACILITIES.— measures program. to promote the appropriate use ‘‘(A) IN GENERAL.—For purposes of this sec- Sec. 50103. Extension of outreach and enroll- of medications and improve tion, in the case of an applicable facility, for ment program. health outcomes. any taxable year in which such facility cap- TITLE II—MEDICARE EXTENDERS TITLE IV—PART B IMPROVEMENT ACT tures not less than 500,000 metric tons of Sec. 50201. Extension of work GPCI floor. AND OTHER PART B ENHANCEMENTS qualified carbon oxide during the taxable Sec. 50202. Repeal of Medicare payment cap Subtitle A—Medicare Part B Improvement year, the person described in paragraph for therapy services; limitation Act (3)(A)(ii) may elect to have such facility, and to ensure appropriate therapy. Sec. 50401. Home infusion therapy services any carbon capture equipment placed in Sec. 50203. Medicare ambulance services. temporary transitional pay- service at such facility, deemed as having Sec. 50204. Extension of increased inpatient ment. been placed in service on the date of the en- hospital payment adjustment Sec. 50402. Orthotist’s and prosthetist’s clin- actment of the Bipartisan Budget Act of for certain low-volume hos- ical notes as part of the pa- 2018. pitals. tient’s medical record. ‘‘(B) APPLICABLE FACILITY.—For purposes Sec. 50205. Extension of the Medicare-de- Sec. 50403. Independent accreditation for di- of this paragraph, the term ‘applicable facil- pendent hospital (MDH) pro- alysis facilities and assurance ity’ means a qualified facility— gram. of high quality surveys. ‘‘(i) which was placed in service before the Sec. 50206. Extension of funding for quality Sec. 50404. Modernizing the application of date of the enactment of the Bipartisan measure endorsement, input, the Stark rule under Medicare. Budget Act of 2018, and and selection; reporting re- Subtitle B—Additional Medicare Provisions quirements. ‘‘(ii) for which no taxpayer claimed a cred- Sec. 50411. Making permanent the removal it under this section in regards to such facil- Sec. 50207. Extension of funding outreach and assistance for low-income of the rental cap for durable ity for any taxable year ending before the medical equipment under Medi- date of the enactment of such Act. programs; State health insur- ance assistance program report- care with respect to speech gen- ‘‘(7) INFLATION ADJUSTMENT.—In the case of erating devices. any taxable year beginning in a calendar ing requirements. Sec. 50208. Extension of home health rural Sec. 50412. Increased civil and criminal pen- year after 2009, there shall be substituted for add-on. alties and increased sentences each dollar amount contained in paragraphs for Federal health care program TITLE III—CREATING HIGH-QUALITY RE- (1) and (2) of subsection (a) an amount equal fraud and abuse. to the product of— SULTS AND OUTCOMES NECESSARY TO Sec. 50413. Reducing the volume of future ‘‘(A) such dollar amount, multiplied by IMPROVE CHRONIC (CHRONIC) CARE EHR-related significant hard- ‘‘(B) the inflation adjustment factor for Subtitle A—Receiving High Quality Care in ship requests. such calendar year determined under section the Home Sec. 50414. Strengthening rules in case of 43(b)(3)(B) for such calendar year, deter- Sec. 50301. Extending the Independence at competition for diabetic testing mined by substituting ‘2008’ for ‘1990’. Home Demonstration Program. strips.

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0655 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S753 TITLE V—OTHER HEALTH EXTENDERS Sec. 50743. Protocols to prevent inappro- Sec. 51008. Allowing physician assistants, Sec. 50501. Extension for family-to-family priate diagnoses. nurse practitioners, and clin- health information centers. Sec. 50744. Additional data and reports re- ical nurse specialists to super- Sec. 50502. Extension for sexual risk avoid- garding children placed in a vise cardiac, intensive cardiac, ance education. setting that is not a foster fam- and pulmonary rehabilitation Sec. 50503. Extension for personal responsi- ily home. programs. bility education. Sec. 50745. Criminal records checks and Sec. 51009. Transitional payment rules for checks of child abuse and ne- TITLE VI—CHILD AND FAMILY SERVICES certain radiation therapy serv- glect registries for adults work- AND SUPPORTS EXTENDERS ices under the physician fee ing in child-care institutions schedule. Subtitle A—Continuing the Maternal, Infant, and other group care settings. TITLE XI—PROTECTING SENIORS’ and Early Childhood Home Visiting Program Sec. 50746. Effective dates; application to ACCESS TO MEDICARE ACT Sec. 50601. Continuing evidence-based home waivers. Sec. 52001. Repeal of the Independent Pay- visiting program. PART V—CONTINUING SUPPORT FOR CHILD ment Advisory Board. Sec. 50602. Continuing to demonstrate re- AND FAMILY SERVICES sults to help families. TITLE XII—OFFSETS Sec. 50751. Supporting and retaining foster Sec. 50603. Reviewing statewide needs to tar- Sec. 53101. Modifying reductions in Medicaid families for children. get resources. DSH allotments. Sec. 50752. Extension of child and family Sec. 50604. Improving the likelihood of suc- Sec. 53102. Third party liability in Medicaid services programs. cess in high-risk communities. and CHIP. Sec. 50753. Improvements to the John H. Sec. 50605. Option to fund evidence-based Sec. 53103. Treatment of lottery winnings Chafee foster care independence home visiting on a pay for out- and other lump-sum income for program and related provisions. come basis. purposes of income eligibility Sec. 50606. Data exchange standards for im- PART VI—CONTINUING INCENTIVES TO STATES under Medicaid. proved interoperability. TO PROMOTE ADOPTION AND LEGAL GUARD- Sec. 53104. Rebate obligation with respect to Sec. 50607. Allocation of funds. IANSHIP line extension drugs. Sec. 53105. Medicaid Improvement Fund. Subtitle B—Extension of Health Professions Sec. 50761. Reauthorizing adoption and legal guardianship incentive pro- Sec. 53106. Physician fee schedule update. Workforce Demonstration Projects Sec. 53107. Payment for outpatient physical grams. Sec. 50611. Extension of health workforce therapy services and outpatient demonstration projects for low- PART VII—TECHNICAL CORRECTIONS occupational therapy services income individuals. Sec. 50771. Technical corrections to data ex- furnished by a therapy assist- TITLE VII—FAMILY FIRST PREVENTION change standards to improve ant. SERVICES ACT program coordination. Sec. 53108. Reduction for non-emergency Sec. 50772. Technical corrections to State ESRD ambulance transports. Subtitle A—Investing in Prevention and requirement to address the de- Sec. 53109. Hospital transfer policy for early Supporting Families velopmental needs of young discharges to hospice care. Sec. 50701. Short title. children. Sec. 53110. Medicare payment update for Sec. 50702. Purpose. PART VIII—ENSURING STATES REINVEST home health services. Sec. 53111. Medicare payment update for PART I—PREVENTION ACTIVITIES UNDER SAVINGS RESULTING FROM INCREASE IN skilled nursing facilities. TITLE IV–E ADOPTION ASSISTANCE Sec. 53112. Preventing the artificial infla- Sec. 50711. Foster care prevention services Sec. 50781. Delay of adoption assistance tion of star ratings after the and programs. phase-in. consolidation of Medicare Ad- Sec. 50712. Foster care maintenance pay- Sec. 50782. GAO study and report on State vantage plans offered by the ments for children with parents reinvestment of savings result- same organization. in a licensed residential family- ing from increase in adoption Sec. 53113. Sunsetting exclusion of based treatment facility for assistance. biosimilars from Medicare part substance abuse. TITLE VIII—SUPPORTING SOCIAL IM- D coverage gap discount pro- Sec. 50713. Title IV–E payments for evi- PACT PARTNERSHIPS TO PAY FOR RE- gram. dence-based kinship navigator SULTS Sec. 53114. Adjustments to Medicare part B programs. Sec. 50801. Short title. and part D premium subsidies PART II—ENHANCED SUPPORT UNDER TITLE Sec. 50802. Social impact partnerships to pay for higher income individuals. IV–B for results. Sec. 53115. Medicare Improvement Fund. Sec. 53116. Closing the Donut Hole for Sen- Sec. 50721. Elimination of time limit for TITLE IX—PUBLIC HEALTH PROGRAMS family reunification services iors. while in foster care and permit- Sec. 50901. Extension for community health Sec. 53117. Modernizing child support en- ting time-limited family reuni- centers, the National Health forcement fees. fication services when a child Service Corps, and teaching Sec. 53118. Increasing efficiency of prison returns home from foster care. health centers that operate data reporting. Sec. 50722. Reducing bureaucracy and unnec- GME programs. Sec. 53119. Prevention and Public Health essary delays when placing Sec. 50902. Extension for special diabetes Fund. children in homes across State programs. TITLE I—CHIP lines. TITLE X—MISCELLANEOUS HEALTH SEC. 50101. FUNDING EXTENSION OF THE CHIL- Sec. 50723. Enhancements to grants to im- CARE POLICIES DREN’S HEALTH INSURANCE PRO- prove well-being of families af- Sec. 51001. Home health payment reform. GRAM THROUGH FISCAL YEAR 2027. fected by substance abuse. Sec. 51002. Information to satisfy docu- (a) IN GENERAL.—Section 2104(a) of the So- cial Security Act (42 U.S.C. 1397dd(a)), as PART III—MISCELLANEOUS mentation of Medicare eligi- bility for home health services. amended by section 3002(a) of the HEALTHY Sec. 50731. Reviewing and improving licens- Sec. 51003. Technical amendments to Public KIDS Act (division C of Public Law 115–120), ing standards for placement in Law 114–10. is amended— a relative foster family home. Sec. 51004. Expanded access to Medicare in- (1) in paragraph (25), by striking ‘‘; and’’ Sec. 50732. Development of a statewide plan tensive cardiac rehabilitation and inserting a semicolon; to prevent child abuse and ne- programs. (2) in paragraph (26), by striking the period glect fatalities. Sec. 51005. Extension of blended site neutral at the end and inserting a semicolon; and Sec. 50733. Modernizing the title and purpose payment rate for certain long- (3) by adding at the end the following new of title IV–E. term care hospital discharges; paragraphs: Sec. 50734. Effective dates. temporary adjustment to site ‘‘(27) for each of fiscal years 2024 through PART IV—ENSURING THE NECESSITY OF A neutral payment rates. 2026, such sums as are necessary to fund al- PLACEMENT THAT IS NOT IN A FOSTER FAM- Sec. 51006. Recognition of attending physi- lotments to States under subsections (c) and ILY HOME cian assistants as attending (m); and Sec. 50741. Limitation on Federal financial physicians to serve hospice pa- ‘‘(28) for fiscal year 2027, for purposes of participation for placements tients. making two semi-annual allotments— that are not in foster family Sec. 51007. Extension of enforcement in- ‘‘(A) $7,650,000,000 for the period beginning homes. struction on supervision re- on October 1, 2026, and ending on March 31, Sec. 50742. Assessment and documentation quirements for outpatient 2027; and of the need for placement in a therapeutic services in critical ‘‘(B) $7,650,000,000 for the period beginning qualified residential treatment access and small rural hospitals on April 1, 2027, and ending on September 30, program. through 2017. 2027.’’.

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(b) ALLOTMENTS.— ‘‘(ii) the sum of— (B) in subparagraph (A), in the matter pre- (1) IN GENERAL.—Section 2104(m) of the So- ‘‘(I) the amount described in clause (i); and ceding clause (i), by striking ‘‘2023’’ each cial Security Act (42 U.S.C. 1397dd(m)), as ‘‘(II) the amount made available under sub- place it appears and inserting ‘‘2027’’. amended by section 3002(b) of the HEALTHY section (a)(28)(B).’’. (2) CONFORMING AMENDMENTS.—Section KIDS Act (division C of Public Law 115–120), (2) ONE-TIME APPROPRIATION FOR FISCAL 1902(gg)(2) of the Social Security Act (42 is amended— YEAR 2027.—There is appropriated to the Sec- U.S.C. 1396a(gg)(2)), as amended by section (A) in paragraph (2)(B)— retary of Health and Human Services, out of 3002(f)(2) of the HEALTHY KIDS Act (divi- (i) in the matter preceding clause (i), by any money in the Treasury not otherwise ap- sion C of Public Law 115–120), is amended— striking ‘‘(25)’’ and inserting ‘‘(27)’’; propriated, such sums as are necessary to (A) in the paragraph heading, by striking (ii) in clause (i), by striking ‘‘and 2023’’ and fund allotments to States under subsections ‘‘THROUGH SEPTEMBER 30, 2023’’ and inserting inserting ‘‘, 2023, and 2027’’; and (c) and (m) of section 2104 of the Social Secu- ‘‘THROUGH SEPTEMBER 30, 2027’’; and (iii) in clause (ii)(I), by striking ‘‘(or, in rity Act (42 U.S.C. 1397dd) for fiscal year 2027, (B) by striking ‘‘2023,’’ each place it ap- the case of fiscal year 2018, under paragraph taking into account the full year amounts pears and inserting ‘‘2027’’. (4))’’ and inserting ‘‘(or, in the case of fiscal calculated for States under paragraph (11)(C) SEC. 50102. EXTENSION OF PEDIATRIC QUALITY year 2018 or 2024, under paragraph (4) or (10), of subsection (m) of such section (as added MEASURES PROGRAM. respectively)’’; by paragraph (1)) and the amounts appro- (a) IN GENERAL.—Section 1139A(i)(1) of the (B) in paragraph (5)— priated under subparagraphs (A) and (B) of Social Security Act (42 U.S.C. 1320b–9a(i)(1)), (i) by striking ‘‘or (10)’’ and inserting ‘‘(10), subsection (a)(28) of such section (as added as amended by section 3003(b) of the or (11)’’; and by subsection (a)). Such amount shall accom- HEALTHY KIDS Act (division C of Public (ii) by striking ‘‘or 2023,’’ and inserting pany the allotment made for the period be- Law 115–120), is amended— ‘‘2023, or 2027,’’; ginning on October 1, 2026, and ending on (1) in subparagraph (B), by striking ‘‘; and’’ (C) in paragraph (7)— March 31, 2027, under paragraph (28)(A) of and inserting a semicolon; (i) in subparagraph (A), by striking ‘‘2023’’ section 2104(a) of such Act (42 U.S.C. (2) in subparagraph (C), by striking the pe- and inserting ‘‘2027,’’; and 1397dd(a)), to remain available until ex- riod at the end and inserting ‘‘; and’’; and (ii) in the matter following subparagraph pended. Such amount shall be used to pro- (3) by adding at the end the following new (B), by striking ‘‘or fiscal year 2022’’ and in- vide allotments to States under paragraph subparagraph: serting ‘‘fiscal year 2022, fiscal year 2024, or (11) of section 2104(m) of such Act for the ‘‘(D) for the period of fiscal years 2024 fiscal year 2026’’; first 6 months of fiscal year 2027 in the same through 2027, $60,000,000 for the purpose of (D) in paragraph (9)— manner as allotments are provided under carrying out this section (other than sub- (i) by striking ‘‘or (10)’’ and inserting ‘‘(10), subsection (a)(28)(A) of such section 2104 and sections (e), (f), and (g)).’’. or (11)’’; and subject to the same terms and conditions as (ii) by striking ‘‘or 2023,’’ and inserting apply to the allotments provided from such (b) MAKING REPORTING MANDATORY.—Sec- ‘‘2023, or 2027,’’; and subsection (a)(28)(A). tion 1139A of the Social Security Act (42 (E) by adding at the end the following: (c) EXTENSION OF THE CHILD ENROLLMENT U.S.C. 1320b–9a) is amended— ‘‘(11) FOR FISCAL YEAR 2027.— CONTINGENCY FUND.—Section 2104(n) of the (1) in subsection (a)— ‘‘(A) FIRST HALF.—Subject to paragraphs Social Security Act (42 U.S.C. 1397dd(n)), as (A) in the heading for paragraph (4), by in- (5) and (7), from the amount made available amended by section 3002(c) of the HEALTHY serting ‘‘AND MANDATORY REPORTING’’ after under subparagraph (A) of paragraph (28) of KIDS Act (division C of Public Law 115–120), ‘‘REPORTING’’; subsection (a) for the semi-annual period de- is amended— (B) in paragraph (4)— scribed in such subparagraph, increased by (1) in paragraph (2)— (i) by striking ‘‘Not later than’’ and insert- the amount of the appropriation for such pe- (A) in subparagraph (A)(ii)— ing the following: riod under section 50101(b)(2) of the Advanc- (i) by striking ‘‘and 2018 through 2022’’ and ‘‘(A) VOLUNTARY REPORTING.—Not later ing Chronic Care, Extenders, and Social inserting ‘‘2018 through 2022, and 2024 than’’; and Services Act, the Secretary shall compute a through 2026’’; and (ii) by adding at the end the following: State allotment for each State (including (ii) by striking ‘‘and 2023’’ and inserting ‘‘(B) MANDATORY REPORTING.—Beginning the District of Columbia and each common- ‘‘2023, and 2027’’; and with the annual State report on fiscal year wealth and territory) for such semi-annual (B) in subparagraph (B)— 2024 required under subsection (c)(1), the Sec- period in an amount equal to the first half (i) by striking ‘‘and 2018 through 2022’’ and retary shall require States to use the initial ratio (described in subparagraph (D)) of the inserting ‘‘2018 through 2022, and 2024 core measurement set and any updates or amount described in subparagraph (C). through 2026’’; and changes to that set to report information re- ‘‘(B) SECOND HALF.—Subject to paragraphs (ii) by striking ‘‘and 2023’’ and inserting garding the quality of pediatric health care (5) and (7), from the amount made available ‘‘2023, and 2027’’; and under titles XIX and XXI using the standard- under subparagraph (B) of paragraph (28) of (2) in paragraph (3)(A), in the matter pre- ized format for reporting information and subsection (a) for the semi-annual period de- ceding clause (i)— procedures developed under subparagraph scribed in such subparagraph, the Secretary (A) by striking ‘‘or in any of fiscal years (A).’’; and shall compute a State allotment for each 2018 through 2022’’ and inserting ‘‘fiscal years (C) in paragraph (6)(B), by inserting ‘‘and, State (including the District of Columbia 2018 through 2022, or fiscal years 2024 through beginning with the report required on Janu- and each commonwealth and territory) for 2026’’; and ary 1, 2025, and for each annual report there- such semi-annual period in an amount equal (B) by striking ‘‘or 2023’’ and inserting after, the status of mandatory reporting by to the amount made available under such ‘‘2023, or 2027’’. States under titles XIX and XXI, utilizing subparagraph, multiplied by the ratio of— (d) EXTENSION OF QUALIFYING STATES OP- the initial core quality measurement set and ‘‘(i) the amount of the allotment to such TION.—Section 2105(g)(4) of the Social Secu- any updates or changes to that set’’ before State under subparagraph (A); to rity Act (42 U.S.C. 1397ee(g)(4)), as amended the semicolon; and ‘‘(ii) the total of the amount of all of the by section 3002(d) of the HEALTHY KIDS Act (2) in subsection (c)(1)(A), by inserting allotments made available under such sub- (division C of Public Law 115–120), is amend- ‘‘and, beginning with the annual report on paragraph. ed— fiscal year 2024, all of the core measures de- ‘‘(C) FULL YEAR AMOUNT BASED ON REBASED (1) in the paragraph heading, by striking scribed in subsection (a) and any updates or AMOUNT.—The amount described in this sub- ‘‘THROUGH 2023’’ and inserting ‘‘THROUGH changes to those measures’’ before the semi- paragraph for a State is equal to the Federal 2027’’; and colon. payments to the State that are attributable (2) in subparagraph (A), by striking ‘‘2023’’ to (and countable towards) the total amount SEC. 50103. EXTENSION OF OUTREACH AND EN- and inserting ‘‘2027’’. ROLLMENT PROGRAM. of allotments available under this section to (e) EXTENSION OF EXPRESS LANE ELIGI- the State in fiscal year 2026 (including pay- BILITY OPTION.—Section 1902(e)(13)(I) of the (a) IN GENERAL.—Section 2113 of the Social ments made to the State under subsection Social Security Act (42 U.S.C. 1396a(e)(13)(I)), Security Act (42 U.S.C. 1397mm), as amended (n) for fiscal year 2026 as well as amounts re- as amended by section 3002(e) of the by section 3004(a) of the HEALTHY KIDS Act distributed to the State in fiscal year 2026), HEALTHY KIDS Act (division C of Public (division C of Public Law 115–120), is amend- multiplied by the allotment increase factor Law 115–120), is amended by striking ‘‘2023’’ ed— under paragraph (6) for fiscal year 2027. and inserting ‘‘2027’’. (1) in subsection (a)(1), by striking ‘‘2023’’ ‘‘(D) FIRST HALF RATIO.—The first half (f) ASSURANCE OF ELIGIBILITY STANDARD and inserting ‘‘2027’’; and ratio described in this subparagraph is the FOR CHILDREN AND FAMILIES.— (2) in subsection (g)— ratio of— (1) IN GENERAL.—Section 2105(d)(3) of the (A) by striking ‘‘and $120,000,000’’ and in- ‘‘(i) the sum of— Social Security Act (42 U.S.C. 1397ee(d)(3)), serting ‘‘, $120,000,000’’; and ‘‘(I) the amount made available under sub- as amended by section 3002(f)(1) of the (B) by inserting ‘‘, and $48,000,000 for the section (a)(28)(A); and HEALTHY KIDS Act (division C of Public period of fiscal years 2024 through 2027’’ after ‘‘(II) the amount of the appropriation for Law 115–120), is amended— ‘‘2023’’. such period under section 50101(b)(2) of the (A) in the paragraph heading, by striking (b) ADDITIONAL RESERVED FUNDS.—Section Advancing Chronic Care, Extenders, and So- ‘‘THROUGH SEPTEMBER 30, 2023’’ and inserting 2113(a) of the Social Security Act (42 U.S.C. cial Services Act; to ‘‘THROUGH SEPTEMBER 30, 2027’’; and 1397mm(a)) is amended—

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(1) in paragraph (1), by striking ‘‘paragraph the operation of section 1861(g) and of such MIT COST AND OTHER INFORMATION.—Section (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; type which are furnished by a physician or as 1834(l) of the Social Security Act (42 U.S.C. and incident to physicians’ services), with re- 1395m(l)) is amended by adding at the end the (2) by adding at the end the following new spect to expenses incurred in any calendar following new paragraph: paragraph: year, any amount that is more than the ‘‘(17) SUBMISSION OF COST AND OTHER INFOR- ‘‘(3) TEN PERCENT SET ASIDE FOR EVALU- amount specified in paragraph (2) for the MATION.— ATING AND PROVIDING TECHNICAL ASSISTANCE year shall not be considered as incurred ex- ‘‘(A) DEVELOPMENT OF DATA COLLECTION TO GRANTEES.—For the period of fiscal years penses for purposes of subsections (a) and (b) SYSTEM.—The Secretary shall develop a data 2024 through 2027, an amount equal to 10 per- unless the applicable requirements of para- collection system (which may include use of cent of such amounts shall be used by the graph (7) are met.’’; a cost survey) to collect cost, revenue, utili- Secretary for the purpose of evaluating and (3) in paragraph (5)— zation, and other information determined ap- providing technical assistance to eligible en- (A) by redesignating subparagraph (D) as propriate by the Secretary with respect to tities awarded grants under this section.’’. paragraph (8) and moving such paragraph to providers of services (in this paragraph re- (c) USE OF RESERVED FUNDS FOR NATIONAL immediately follow paragraph (7), as added ferred to as ‘providers’) and suppliers of ENROLLMENT AND RETENTION STRATEGIES.— by paragraph (4) of this section; and ground ambulance services. Such system Section 2113(h) of the Social Security Act (42 (B) in subparagraph (E)(iv), by inserting ‘‘, shall be designed to collect information— U.S.C. 1397mm(h)) is amended— except as such process is applied under para- ‘‘(i) needed to evaluate the extent to which (1) in paragraph (5), by striking ‘‘; and’’ and graph (7)(B)’’ before the period at the end; reported costs relate to payment rates under inserting a semicolon; and this subsection; (2) by redesignating paragraph (6) as para- (4) by adding at the end the following new ‘‘(ii) on the utilization of capital equip- graph (7); and paragraph: ment and ambulance capacity, including in- (3) by inserting after paragraph (5) the fol- ‘‘(7) For purposes of paragraphs (1)(B) and formation consistent with the type of infor- (3)(B), with respect to services described in lowing new paragraph: mation described in section 1121(a); and such paragraphs, the requirements described ‘‘(6) the development of materials and tool- ‘‘(iii) on different types of ground ambu- in this paragraph are as follows: kits and the provision of technical assistance lance services furnished in different geo- ‘‘(A) INCLUSION OF APPROPRIATE MODIFIER.— to States regarding enrollment and retention graphic locations, including rural areas and The claim for such services contains an ap- strategies for eligible children under this low population density areas described in propriate modifier (such as the KX modifier title and title XIX; and’’. paragraph (12). described in paragraph (5)(B)) indicating that ‘‘(B) SPECIFICATION OF DATA COLLECTION TITLE II—MEDICARE EXTENDERS such services are medically necessary as jus- SYSTEM.— SEC. 50201. EXTENSION OF WORK GPCI FLOOR. tified by appropriate documentation in the ‘‘(i) IN GENERAL.—The Secretary shall— Section 1848(e)(1)(E) of the Social Security medical record involved. ‘‘(I) not later than December 31, 2019, speci- Act (42 U.S.C. 1395w–4(e)(1)(E)) is amended by ‘‘(B) TARGETED MEDICAL REVIEW FOR CER- fy the data collection system under subpara- striking ‘‘January 1, 2018’’ and inserting TAIN SERVICES ABOVE THRESHOLD.— graph (A); and ‘‘January 1, 2020’’. ‘‘(i) IN GENERAL.—In the case where ex- ‘‘(II) identify the providers and suppliers of SEC. 50202. REPEAL OF MEDICARE PAYMENT CAP penses that would be incurred for such serv- ground ambulance services that would be re- FOR THERAPY SERVICES; LIMITA- ices would exceed the threshold described in quired to submit information under such TION TO ENSURE APPROPRIATE clause (ii) for the year, such services shall be data collection system, including the rep- THERAPY. subject to the process for medical review im- resentative sample described in clause (ii). Section 1833(g) of the Social Security Act plemented under paragraph (5)(E). ‘‘(ii) DETERMINATION OF REPRESENTATIVE (42 U.S.C. 1395l(g)) is amended— ‘‘(ii) THRESHOLD.—The threshold under this SAMPLE.— (1) in paragraph (1)— clause for— ‘‘(I) IN GENERAL.—Not later than December (A) by striking ‘‘Subject to paragraphs (4) ‘‘(I) a year before 2028, is $3,000; 31, 2019, with respect to the data collection and (5)’’ and inserting ‘‘(A) Subject to para- ‘‘(II) 2028, is the amount specified in sub- for the first year under such system, and for graphs (4) and (5)’’; clause (I) increased by the percentage in- each subsequent year through 2024, the Sec- (B) in the subparagraph (A), as inserted crease in the MEI (as defined in section retary shall determine a representative sam- and designated by subparagraph (A) of this 1842(i)(3)) for 2028; and ple to submit information under the data paragraph, by adding at the end the fol- ‘‘(III) a subsequent year, is the amount collection system. lowing new sentence: ‘‘The preceding sen- specified in this clause for the preceding ‘‘(II) REQUIREMENTS.—The sample under tence shall not apply to expenses incurred year increased by the percentage increase in subclause (I) shall be representative of the with respect to services furnished after De- the MEI (as defined in section 1842(i)(3)) for different types of providers and suppliers of cember 31, 2017.’’; and such subsequent year; ground ambulance services (such as those (C) by adding at the end the following new except that if an increase under subclause providers and suppliers that are part of an subparagraph: (II) or (III) for a year is not a multiple of $10, emergency service or part of a government ‘‘(B) With respect to services furnished it shall be rounded to the nearest multiple of organization) and the geographic locations during 2018 or a subsequent year, in the case $10. in which ground ambulance services are fur- of physical therapy services of the type de- ‘‘(iii) APPLICATION.—The threshold under nished (such as urban, rural, and low popu- scribed in section 1861(p), speech-language clause (ii) shall be applied separately— lation density areas). pathology services of the type described in ‘‘(I) for physical therapy services and ‘‘(III) LIMITATION.—The Secretary shall not such section through the application of sec- speech-language pathology services; and include an individual provider or supplier of tion 1861(ll)(2), and physical therapy services ‘‘(II) for occupational therapy services. ground ambulance services in the sample and speech-language pathology services of ‘‘(iv) FUNDING.—For purposes of carrying under subclause (I) in 2 consecutive years, to such type which are furnished by a physician out this subparagraph, the Secretary shall the extent practicable. or as incident to physicians’ services, with provide for the transfer, from the Federal ‘‘(C) REPORTING OF COST INFORMATION.—For respect to expenses incurred in any calendar Supplementary Medical Insurance Trust each year, a provider or supplier of ground year, any amount that is more than the Fund under section 1841 to the Centers for ambulance services identified by the Sec- amount specified in paragraph (2) for the Medicare & Medicaid Services Program Man- retary under subparagraph (B)(i)(II) as being year shall not be considered as incurred ex- agement Account, of $5,000,000 for each fiscal required to submit information under the penses for purposes of subsections (a) and (b) year beginning with fiscal year 2018, to re- data collection system with respect to a pe- unless the applicable requirements of para- main available until expended. Such funds riod for the year shall submit to the Sec- graph (7) are met.’’; may not be used by a contractor under sec- retary information specified under the sys- (2) in paragraph (3)— tion 1893(h) for medical reviews under this tem. Such information shall be submitted in (A) by striking ‘‘Subject to paragraphs (4) subparagraph.’’. a form and manner, and at a time, specified and (5)’’ and inserting ‘‘(A) Subject to para- SEC. 50203. MEDICARE AMBULANCE SERVICES. by the Secretary for purposes of this sub- graphs (4) and (5)’’; (a) EXTENSION OF CERTAIN GROUND AMBU- paragraph. (B) in the subparagraph (A), as inserted LANCE ADD-ON PAYMENTS.— ‘‘(D) PAYMENT REDUCTION FOR FAILURE TO and designated by subparagraph (A) of this (1) GROUND AMBULANCE.—Section REPORT.— paragraph, by adding at the end the fol- 1834(l)(13)(A) of the Social Security Act (42 ‘‘(i) IN GENERAL.—Beginning January 1, lowing new sentence: ‘‘The preceding sen- U.S.C. 1395m(l)(13)(A)) is amended by strik- 2022, subject to clause (ii), a 10 percent reduc- tence shall not apply to expenses incurred ing ‘‘2018’’ and inserting ‘‘2023’’ each place it tion to payments under this subsection shall with respect to services furnished after De- appears. be made for the applicable period (as defined cember 31, 2017.’’; and (2) SUPER RURAL AMBULANCE.—Section in clause (ii)) to a provider or supplier of (C) by adding at the end the following new 1834(l)(12)(A) of the Social Security Act (42 ground ambulance services that— subparagraph:. U.S.C. 1395m(l)(12)(A)) is amended, in the ‘‘(I) is required to submit information ‘‘(B) With respect to services furnished first sentence, by striking ‘‘2018’’ and insert- under the data collection system with re- during 2018 or a subsequent year, in the case ing ‘‘2023’’. spect to a period under subparagraph (C); and of occupational therapy services (of the type (b) REQUIRING GROUND AMBULANCE PRO- ‘‘(II) does not sufficiently submit such in- that are described in section 1861(p) through VIDERS OF SERVICES AND SUPPLIERS TO SUB- formation, as determined by the Secretary.

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‘‘(ii) APPLICABLE PERIOD DEFINED.—For pur- collection of information required under this (2) CONTENTS.—The report under paragraph poses of clause (i), the term ‘applicable pe- subsection. (1) shall include an evaluation of the effects riod’ means, with respect to a provider or ‘‘(J) LIMITATIONS ON REVIEW.—There shall of such extension on the following: supplier of ground ambulance services, a be no administrative or judicial review under (A) Beneficiary utilization of inpatient year specified by the Secretary not more section 1869, section 1878, or otherwise of the hospital services under title XVIII of the So- than 2 years after the end of the period with data collection system or identification of cial Security Act (42 U.S.C. 1395 et seq.). respect to which the Secretary has made a respondents under this paragraph. (B) The financial status of hospitals with a determination under clause (i)(II) that the ‘‘(K) FUNDING FOR IMPLEMENTATION.—For low volume of Medicare or total inpatient provider or supplier of ground ambulance purposes of carrying out subparagraph (A), admissions. services failed to sufficiently submit infor- the Secretary shall provide for the transfer, (C) Program spending under such title mation under the data collection system. from the Federal Supplementary Medical In- XVIII. ‘‘(iii) HARDSHIP EXEMPTION.—The Secretary surance Trust Fund under section 1841, of (D) Other matters relevant to evaluating may exempt a provider or supplier from the $15,000,000 to the Centers for Medicare & the effects of such extension. payment reduction under clause (i) with re- Medicaid Services Program Management Ac- SEC. 50205. EXTENSION OF THE MEDICARE-DE- spect to an applicable period in the event of count for fiscal year 2018. Amounts trans- PENDENT HOSPITAL (MDH) PRO- significant hardship, such as a natural dis- ferred under this subparagraph shall remain GRAM. aster, bankruptcy, or other similar situation available until expended.’’. (a) IN GENERAL.—Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. that the Secretary determines interfered SEC. 50204. EXTENSION OF INCREASED INPA- 1395ww(d)(5)(G)) is amended— with the ability of the provider or supplier of TIENT HOSPITAL PAYMENT ADJUST- (1) in clause (i), by striking ‘‘October 1, ground ambulance services to submit such MENT FOR CERTAIN LOW-VOLUME 2017’’ and inserting ‘‘October 1, 2022’’; information in a timely manner for the spec- HOSPITALS. (2) in clause (ii)(II), by striking ‘‘October 1, ified period. (a) IN GENERAL.—Section 1886(d)(12) of the 2017’’ and inserting ‘‘October 1, 2022’’; and ‘‘(iv) INFORMAL REVIEW.—The Secretary Social Security Act (42 U.S.C. 1395ww(d)(12)) (3) in clause (iv), by striking subclause (I) shall establish a process under which a pro- is amended— and inserting the following new subclause: vider or supplier of ground ambulance serv- (1) in subparagraph (B), in the matter pre- ‘‘(I) that is located in— ices may seek an informal review of a deter- ceding clause (i), by striking ‘‘fiscal year ‘‘(aa) a rural area; or mination that the provider or supplier is 2018’’ and inserting ‘‘fiscal year 2023’’; ‘‘(bb) a State with no rural area (as defined subject to the payment reduction under (2) in subparagraph (C)— in paragraph (2)(D)) and satisfies any of the clause (i). (A) in clause (i)— criteria in subclause (I), (II), or (III) of para- ‘‘(E) ONGOING DATA COLLECTION.— (i) by striking ‘‘through 2017’’ the first graph (8)(E)(ii),’’; and ‘‘(i) REVISION OF DATA COLLECTION SYS- place it appears and inserting ‘‘through (4) by inserting after subclause (IV) the fol- TEM.—The Secretary may, as the Secretary 2022’’; and (ii) by striking ‘‘ and has less than 800 dis- lowing new flush sentences: determines appropriate and, if available, ‘‘Subclause (I)(bb) shall apply for purposes of charges’’ and all that follows through the pe- taking into consideration the report (or re- payment under clause (ii) only for discharges riod at the end and inserting the following ports) under subparagraph (F), revise the of a hospital occurring on or after the effec- ‘‘and has— data collection system under subparagraph tive date of a determination of medicare-de- (A). ‘‘(I) with respect to each of fiscal years 2005 pendent small rural hospital status made by ‘‘(ii) SUBSEQUENT DATA COLLECTION.—In through 2010, less than 800 discharges during the Secretary with respect to the hospital order to continue to evaluate the extent to the fiscal year; after the date of the enactment of this sen- which reported costs relate to payment rates ‘‘(II) with respect to each of fiscal years tence. For purposes of applying subclause (II) under this subsection and for other purposes 2011 through 2018, less than 1,600 discharges of paragraph (8)(E)(ii) under subclause the Secretary deems appropriate, the Sec- of individuals entitled to, or enrolled for, (I)(bb), such subclause (II) shall be applied by retary shall require providers and suppliers benefits under part A during the fiscal year inserting ‘as of January 1, 2018,’ after ‘such of ground ambulance services to submit in- or portion of fiscal year; State’ each place it appears.’’. formation for years after 2024 as the Sec- ‘‘(III) with respect to each of fiscal years (b) CONFORMING AMENDMENTS.— retary determines appropriate, but in no 2019 through 2022, less than 3,800 discharges (1) EXTENSION OF TARGET AMOUNT.—Section case less often than once every 3 years. during the fiscal year; and 1886(b)(3)(D) of the Social Security Act (42 ‘‘(F) GROUND AMBULANCE DATA COLLECTION ‘‘(IV) with respect to fiscal year 2023 and U.S.C. 1395ww(b)(3)(D)) is amended— SYSTEM STUDY.— each subsequent fiscal year, less than 800 dis- (A) in the matter preceding clause (i), by ‘‘(i) IN GENERAL.—Not later than March 15, charges during the fiscal year.’’; and striking ‘‘October 1, 2017’’ and inserting ‘‘Oc- 2023, and as determined necessary by the (B) in clause (ii)— tober 1, 2022’’; and Medicare Payment Advisory Commission (i) by striking ‘‘subparagraph (B)’’ and in- (B) in clause (iv), by striking ‘‘through fis- thereafter, such Commission shall assess, serting ‘‘subparagraphs (B) and (D)’’; and cal year 2017’’ and inserting ‘‘through fiscal and submit to Congress a report on, informa- (ii) by inserting ‘‘(except as provided in year 2022’’. tion submitted by providers and suppliers of clause (i)(II) and subparagraph (D)(i))’’ after (2) PERMITTING HOSPITALS TO DECLINE RE- ground ambulance services through the data ‘‘regardless’’; and CLASSIFICATION.—Section 13501(e)(2) of the collection system under subparagraph (A), (3) in subparagraph (D)— Omnibus Budget Reconciliation Act of 1993 the adequacy of payments for ground ambu- (A) by striking ‘‘through 2017’’ and insert- (42 U.S.C. 1395ww note) is amended by strik- lance services under this subsection, and ge- ing ‘‘through 2022’’; ing ‘‘through fiscal year 2017’’ and inserting ographic variations in the cost of furnishing (B) by striking ‘‘hospitals with 200 or ‘‘through fiscal year 2022’’. such services. fewer’’ and inserting the following: ‘‘hos- (c) GAO STUDY AND REPORT.— ‘‘(ii) CONTENTS.—A report under clause (i) pitals— (1) STUDY.—The Comptroller General of the shall contain the following: ‘‘(i) with respect to each of fiscal years 2011 United States (in this subsection referred to ‘‘(I) An analysis of information submitted through 2018, with 200 or fewer’’; as the ‘‘Comptroller General’’) shall conduct through the data collection system. (C) by striking the period at the end and a study on the medicare-dependent, small ‘‘(II) An analysis of any burden on pro- inserting ‘‘or portion of fiscal year; and’’; rural hospital program under section 1886(d) viders and suppliers of ground ambulance and of the Social Security Act (42 U.S.C. services associated with the data collection (D) by adding at the end the following new 1395x(d)). Such study shall include an anal- system. clause: ysis of the following: ‘‘(III) A recommendation as to whether in- ‘‘(ii) with respect to each of fiscal years (A) The payor mix of medicare-dependent, formation should continue to be submitted 2019 through 2022, with 500 or fewer dis- small rural hospitals (as defined in para- through such data collection system or if charges in the fiscal year to 0 percent for graph (5)(G)(iv) of such section 1886(d)), how such system should be revised under sub- low-volume hospitals with greater than 3,800 such mix will trend in future years (based on paragraph (E)(i). discharges in the fiscal year.’’. current trends and projections), and whether ‘‘(IV) Other information determined appro- (b) MEDPAC REPORT ON EXTENSION OF IN- or not the requirement under subclause (IV) priate by the Commission. CREASED INPATIENT HOSPITAL PAYMENT AD- of such paragraph should be revised. ‘‘(G) PUBLIC AVAILABILITY.—The Secretary JUSTMENT FOR CERTAIN LOW-VOLUME HOS- (B) The characteristics of medicare-de- shall post information on the results of the PITALS.— pendent, small rural hospitals that meet the data collection under this paragraph on the (1) IN GENERAL.—Not later than March 15, requirement of such subclause (IV) through Internet website of the Centers for Medicare 2022, the Medicare Payment Advisory Com- the application of paragraph (a)(iii)(A) or & Medicaid Services, as determined appro- mission shall submit to Congress a report on (a)(iii)(B) of section 412.108 of title 42, Code of priate by the Secretary. the extension of the increased inpatient hos- Federal Regulations, including Medicare in- ‘‘(H) IMPLEMENTATION.—The Secretary pital payment adjustment for certain low- patient and outpatient utilization, payor shall implement this paragraph through no- volume hospitals under section 1886(d)(12) of mix, and financial status (including Medi- tice and comment rulemaking. the Social Security Act (42 U.S.C. care and total margins), and whether or not ‘‘(I) ADMINISTRATION.—Chapter 35 of title 1395ww(d)(12)) under the provisions of, and Medicare payments for such hospitals should 44, United States Code, shall not apply to the amendments made by, this section. be revised.

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S757 (C) Such other items related to medicare- under this section and section 1890A, includ- provide input to the Secretary on the selec- dependent, small rural hospitals as the ing any obligations that will require funds to tion of quality and efficiency measures, and Comptroller General determines appropriate. be expended in a future year.’’. any other entities the Secretary has con- (2) REPORT.—Not later than 2 years after (c) REVISIONS TO ANNUAL REPORT FROM tracted with to perform work related to car- the date of the enactment of this Act, the CONSENSUS-BASED ENTITY TO CONGRESS AND rying out such sections 1890 and 1890A. Comptroller General shall submit to Con- THE SECRETARY.— (C) The total amount of funding provided gress a report containing the results of the (1) IN GENERAL.—Section 1890(b)(5)(A) of to the Secretary for purposes of carrying out study conducted under paragraph (1), to- the Social Security Act (42 U.S.C. such sections 1890 and 1890A, the amount of gether with recommendations for such legis- 1395aaa(b)(5)(A)) is amended— such funding that has been obligated or ex- lation and administrative action as the (A) by redesignating clauses (i) through pended by the Secretary, and the amount of Comptroller General determines appropriate. (vi) as subclauses (I) through (VI), respec- such funding that remains unobligated. SEC. 50206. EXTENSION OF FUNDING FOR QUAL- tively, and moving the margins accordingly; (D) How the funds described in subpara- ITY MEASURE ENDORSEMENT, (B) in the matter preceding subclause (I), graph (C) have been allocated, including how INPUT, AND SELECTION; REPORTING as redesignated by subparagraph (A), by much of the funding has been allocated for REQUIREMENTS. striking ‘‘containing a description of—’’ and work performed by the Secretary, the con- (a) EXTENSION OF FUNDING.—Section inserting ‘‘containing the following: sensus-based entity, and any other entity the 1890(d)(2) of the Social Security Act (42 ‘‘(i) A description of—’’; and Secretary has contracted with to perform U.S.C. 1395aaa(d)(2)) is amended— (C) by adding at the end the following new work related to carrying out such sections (1) in the first sentence— clauses: 1890 and 1890A, respectively, and descriptions (A) by striking ‘‘2014 and’’ and inserting ‘‘(ii) An itemization of financial informa- of such work. ‘‘2014,’’; and tion for the fiscal year ending September 30 (E) The extent to which the Secretary has (B) by inserting the following before the of the preceding year, including— developed a comprehensive and long-term period: ‘‘, and $7,500,000 for each of fiscal ‘‘(I) annual revenues of the entity (includ- plan to ensure that it can achieve quality years 2018 and 2019’’; and ing any government funding, private sector measurement objectives related to carrying (2) by adding at the end the following new contributions, grants, membership revenues, out such sections 1890 and 1890A in a timely sentence: ‘‘Amounts transferred for each of and investment revenue); manner and with efficient use of available ‘‘(II) annual expenses of the entity (includ- fiscal years 2018 and 2019 shall be in addition resources, including the roles of the con- ing grants paid, benefits paid, salaries or to any unobligated funds transferred for a sensus-based entity, the Measure Applica- other compensation, fundraising expenses, preceding fiscal year that are available tions Partnership (MAP), and any other enti- and overhead costs); and under the preceding sentence.’’ ty the Secretary has contracted with to per- (b) ANNUAL REPORT BY SECRETARY TO CON- ‘‘(III) a breakdown of the amount awarded form work related to such sections 1890 and GRESS.—Section 1890 of the Social Security per contracted task order and the specific 1890A in helping the Secretary achieve those Act (42 U.S.C. 1395aaa) is amended by adding projects funded in each task order assigned objectives. at the end the following new subsection: to the entity. (2) REPORT.—Not later than 18 months ‘‘(e) ANNUAL REPORT BY SECRETARY TO CON- ‘‘(iii) Any updates or modifications of in- after the date of enactment of this Act, the GRESS.—By not later than March 1 of each ternal policies and procedures of the entity Comptroller General of the United States year (beginning with 2019), the Secretary as they relate to the duties of the entity shall submit to Congress a report containing under this section, including— shall submit to Congress a report containing the following: ‘‘(I) specifically identifying any modifica- the results of the study conducted under ‘‘(1) A comprehensive plan that identifies tions to the disclosure of interests and con- paragraph (1), together with recommenda- the quality measurement needs of programs flicts of interests for committees, work tions for such legislation and administrative and initiatives of the Secretary and provides groups, task forces, and advisory panels of action as the Comptroller General deter- a strategy for using the entity with a con- the entity; and mines appropriate. tract under subsection (a) and any other en- ‘‘(II) information on external stakeholder SEC. 50207. EXTENSION OF FUNDING OUTREACH tity the Secretary has contracted with or participation in the duties of the entity AND ASSISTANCE FOR LOW-INCOME may contract with to perform work associ- under this section (including complete ros- PROGRAMS; STATE HEALTH INSUR- ated with section 1890A to help meet those ters for all committees, work groups, task ANCE ASSISTANCE PROGRAM RE- needs, specifically with respect to the pro- forces, and advisory panels funded through PORTING REQUIREMENTS. grams under this title and title XIX. In years government contracts, descriptions of rel- (a) FUNDING EXTENSIONS.— after the first plan under this paragraph is evant interests and any conflicts of interest (1) ADDITIONAL FUNDING FOR STATE HEALTH submitted, the requirements of this para- for members of all committees, work groups, INSURANCE PROGRAMS.—Subsection (a)(1)(B) graph may be met by providing an update to task forces, and advisory panels, and the of section 119 of the Medicare Improvements the plan. total percentage by health care sector of all for Patients and Providers Act of 2008 (42 ‘‘(2) The amount of funding provided under convened committees, work groups, task U.S.C. 1395b–3 note), as amended by section subsection (d) for purposes of carrying out forces, and advisory panels.’’. 3306 of the Patient Protection and Affordable this section and section 1890A that has been (2) EFFECTIVE DATE.—The amendments Care Act (Public Law 111–148), section 610 of obligated by the Secretary, the amount of made by this subsection shall apply to re- the American Taxpayer Relief Act of 2012 funding provided that has been expended, ports submitted for years beginning with (Public Law 112–240), section 1110 of the and the amount of funding provided that re- 2019. Pathway for SGR Reform Act of 2013 (Public mains unobligated. (d) GAO STUDY AND REPORT.— Law 113–67), section 110 of the Protecting Ac- ‘‘(3) With respect to the activities de- (1) STUDY.—The Comptroller General of the cess to Medicare Act of 2014 (Public Law 113– scribed under this section or section 1890A, a United States shall conduct a study on 93), and section 208 of the Medicare Access description of how the funds described in health care quality measurement efforts and CHIP Reauthorization Act of 2015 (Pub- paragraph (2) have been obligated or ex- funded under sections 1890 and 1890A of the lic Law 114–10) is amended— pended, including how much of that funding Social Security Act (42 U.S.C. 1395aaa; (A) in clause (vi), by striking ‘‘and’’ at the has been obligated or expended for work per- 1395aaa–1). Such study shall include an ex- end; formed by the Secretary, the entity with a amination of the following: (B) in clause (vii), by striking the period at contract under subsection (a), and any other (A) The extent to which the Secretary of the end and inserting ‘‘; and’’; and entity the Secretary has contracted with to Health and Human Services (in this sub- (C) by adding at the end the following new perform work. section referred to as the ‘‘Secretary’’) has clauses: ‘‘(4) A description of the activities for set and prioritized objectives to be achieved ‘‘(viii) for fiscal year 2018, of $13,000,000; which the funds described in paragraph (2) for each of the quality measurement activi- and were used, including task orders and activi- ties required under such sections 1890 and ‘‘(ix) for fiscal year 2019, of $13,000,000.’’. ties assigned to the entity with a contract 1890A. (2) ADDITIONAL FUNDING FOR AREA AGENCIES under subsection (a), activities performed by (B) The efforts that the Secretary has un- ON AGING.—Subsection (b)(1)(B) of such sec- the Secretary, and task orders and activities dertaken to meet quality measurement ob- tion 119, as so amended, is amended— assigned to any other entity the Secretary jectives associated with such sections 1890 (A) in clause (vi), by striking ‘‘and’’ at the has contracted with to perform work related and 1890A, including division of responsibil- end; to carrying out section 1890A. ities for those efforts within the Department (B) in clause (vii), by striking the period at ‘‘(5) The amount of funding described in of Health and Human Services and through the end and inserting ‘‘; and’’; and paragraph (2) that has been obligated or ex- contracts with a consensus-based entity (C) by inserting after clause (vii) the fol- pended for each of the activities described in under subsection (a) of such section 1890 (in lowing new clauses: paragraph (4). this subsection referred to as the ‘‘con- ‘‘(viii) for fiscal year 2018, of $7,500,000; and ‘‘(6) Estimates for, and descriptions of, ob- sensus-based entity’’) and other entities, and ‘‘(ix) for fiscal year 2019, of $7,500,000.’’. ligations and expenditures that the Sec- the extent of any overlap among the work (3) ADDITIONAL FUNDING FOR AGING AND DIS- retary anticipates will be needed in the suc- performed by the Secretary, the consensus- ABILITY RESOURCE CENTERS.—Subsection ceeding two year period to carry out each of based entity, the Measure Applications Part- (c)(1)(B) of such section 119, as so amended, is the quality measurement activities required nership (MAP) convened by such entity to amended—

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S758 CONGRESSIONAL RECORD — SENATE February 7, 2018 (A) in clause (vi), by striking ‘‘and’’ at the ‘‘(ii) in the case of episodes and visits end- (1) in subsection (e)— end; ing during 2020, by 0.5 percent; (A) in paragraph (1)— (B) in clause (vii), by striking the period at ‘‘(B) has a population density of 6 individ- (i) by striking ‘‘An agreement’’ and insert- the end and inserting ‘‘; and’’; and uals or fewer per square mile of land area ing ‘‘Agreements’’; and (C) by inserting after clause (vii) the fol- and is not described in subparagraph (A)— (ii) by striking ‘‘5-year’’ and inserting ‘‘7- lowing new clauses: ‘‘(i) in the case of episodes and visits end- year’’; and ‘‘(viii) for fiscal year 2018, of $5,000,000; and ing during 2019, by 4 percent; (B) in paragraph (5)— ‘‘(ix) for fiscal year 2019, of $5,000,000.’’. ‘‘(ii) in the case of episodes and visits end- (i) by striking ‘‘10,000’’ and inserting (4) ADDITIONAL FUNDING FOR CONTRACT WITH ing during 2020, by 3 percent; ‘‘15,000’’; and THE NATIONAL CENTER FOR BENEFITS AND OUT- ‘‘(iii) in the case of episodes and visits end- (ii) by adding at the end the following new REACH ENROLLMENT.—Subsection (d)(2) of ing during 2021, by 2 percent; and sentence: ‘‘An applicable beneficiary that such section 119, as so amended, is amend- ‘‘(iv) in the case of episodes and visits end- participates in the demonstration program ed— ing during 2022, by 1 percent; and by reason of the increase from 10,000 to 15,000 (A) in clause (vi), by striking ‘‘and’’ at the ‘‘(C) is not described in either subpara- in the preceding sentence pursuant to the end; graph (A) or (B)— amendment made by section 50301(a)(1)(B)(i) (B) in clause (vii), by striking the period at ‘‘(i) in the case of episodes and visits end- of the Advancing Chronic Care, Extenders, the end and inserting ‘‘; and’’; and ing during 2019, by 3 percent; and Social Services Act shall be considered (C) by inserting after clause (vii) the fol- ‘‘(ii) in the case of episodes and visits end- in the spending target estimates under para- lowing new clauses: ing during 2020, by 2 percent; and graph (1) of subsection (c) and the incentive ‘‘(viii) for fiscal year 2018, of $12,000,000; ‘‘(iii) in the case of episodes and visits end- payment calculations under paragraph (2) of and ing during 2021, by 1 percent. such subsection for the sixth and seventh ‘‘(ix) for fiscal year 2019, of $12,000,000.’’. ‘‘(2) RULES FOR DETERMINATIONS.— years of such program.’’; (b) STATE HEALTH INSURANCE ASSISTANCE ‘‘(A) NO SWITCHING.—For purposes of this (2) in subsection (g), in the first sentence, PROGRAM REPORTING REQUIREMENTS.—Begin- subsection, the determination by the Sec- by inserting ‘‘, including, to the extent prac- ning not later than April 1, 2019, and bienni- retary as to which subparagraph of para- ticable, with respect to the use of electronic ally thereafter, the Agency for Community graph (1) applies to a county (or equivalent health information systems, as described in Living shall electronically post on its area) shall be made a single time and shall subsection (b)(1)(A)(vi)’’ after ‘‘under the website the following information, with re- apply for the duration of the period to which demonstration program’’; and spect to grants to States for State health in- this subsection applies. (3) in subsection (i)(1)(A), by striking ‘‘will surance assistance programs, (such informa- ‘‘(B) UTILIZATION.—In determining which not receive an incentive payment for the sec- tion to be presented by State and by entity counties (or equivalent areas) are in the ond of 2’’ and inserting ‘‘did not achieve sav- receiving funds from the State to carry out highest quartile under paragraph (1)(A), the ings for the third of 3’’. such a program funded by such grant): following rules shall apply: (1) The amount of Federal funding provided (b) EFFECTIVE DATE.—The amendment ‘‘(i) The Secretary shall use data from 2015. made by subsection (a)(3) shall take effect as to each such State for such program for the ‘‘(ii) The Secretary shall exclude data from if included in the enactment of Public Law period involved and the amount of Federal the territories (and the territories shall not 111–148. funding provided by each such State for such be described in such paragraph). program to each such entity for the period ‘‘(iii) The Secretary may exclude data from SEC. 50302. EXPANDING ACCESS TO HOME DIALY- involved. counties (or equivalent areas) in rural areas SIS THERAPY. (2) Information as the Secretary may with a low volume of home health episodes (a) IN GENERAL.—Section 1881(b)(3) of the specify, with respect to such programs car- (and if data is so excluded with respect to a Social Security Act (42 U.S.C. 1395rr(b)(3)) is ried out through such grants, consistent county (or equivalent area), such county (or amended— with the terms and conditions for receipt of equivalent area) shall not be described in (1) by redesignating subparagraphs (A) and such grants. such paragraph). (B) as clauses (i) and (ii), respectively; SEC. 50208. EXTENSION OF HOME HEALTH RURAL ‘‘(C) POPULATION DENSITY.—In determining (2) in clause (ii), as redesignated by para- ADD-ON. population density under paragraph (1)(B), graph (1), by striking ‘‘on a comprehensive’’ (a) EXTENSION.— the Secretary shall use data from the 2010 and insert ‘‘subject to subparagraph (B), on a (1) IN GENERAL.—Section 421 of the Medi- decennial Census. comprehensive’’; care Prescription Drug, Improvement, and ‘‘(3) LIMITATIONS ON REVIEW.—There shall (3) by striking ‘‘With respect to’’ and in- Modernization Act of 2003 (Public Law 108– be no administrative or judicial review under serting ‘‘(A) With respect to’’; and 173; 117 Stat. 2283; 42 U.S.C. 1395fff note), as section 1869, section 1878, or otherwise of de- (4) by adding at the end the following new amended by section 5201(b) of the Deficit Re- terminations under paragraph (1).’’. subparagraph: duction Act of 2005 (Public Law 109–171; 120 (2) REQUIREMENT TO SUBMIT COUNTY DATA ‘‘(B)(i) For purposes of subparagraph Stat. 46), section 3131(c) of the Patient Pro- ON CLAIM FORM.—Section 1895(c) of the Social (A)(ii), subject to clause (ii), an individual tection and Affordable Care Act (Public Law Security Act (42 U.S.C. 1395fff(c)) is amend- determined to have end stage renal disease 111–148; 124 Stat. 428), and section 210 of the ed— receiving home dialysis may choose to re- Medicare Access and CHIP Reauthorization (A) in paragraph (1), by striking ‘‘and’’ at ceive monthly end stage renal disease-re- Act of 2015 (Public Law 114–10; 129 Stat. 151) the end; lated clinical assessments furnished on or is amended— (B) in paragraph (2), by striking the period after January 1, 2019, via telehealth. (A) in subsection (a), by striking ‘‘January at the end and inserting ‘‘; and’’; and ‘‘(ii) Clause (i) shall apply to an individual 1, 2018’’ and inserting ‘‘January 1, 2019’’ each (C) by adding at the end the following new only if the individual receives a face-to-face place it appears; paragraph: clinical assessment, without the use of tele- (B) by redesignating subsections (b) and (c) ‘‘(3) in the case of home health services health— as subsections (c) and (d), respectively; furnished on or after January 1, 2019, the ‘‘(I) in the case of the initial 3 months of (C) in each of subsections (c) and (d), as so claim contains the code for the county (or home dialysis of such individual, at least redesignated, by striking ‘‘subsection (a)’’ equivalent area) in which the home health monthly; and and inserting ‘‘subsection (a) or (b)’’; and service was furnished.’’. ‘‘(II) after such initial 3 months, at least (D) by inserting after subsection (a) the (b) HHS OIG ANALYSIS.—Not later than once every 3 consecutive months.’’. following new subsection: January 1, 2023, the Inspector General of the (b) ORIGINATING SITE REQUIREMENTS.— ‘‘(b) SUBSEQUENT TEMPORARY INCREASE.— Department of Health and Human Services (1) IN GENERAL.—Section 1834(m) of the So- ‘‘(1) IN GENERAL.—The Secretary shall in- shall submit to Congress— cial Security Act (42 U.S.C. 1395m(m)) is crease the payment amount otherwise made (1) an analysis of the home health claims amended— under such section 1895 for home health serv- and utilization of home health services by (A) in paragraph (4)(C)(ii), by adding at the ices furnished in a county (or equivalent county (or equivalent area) under the Medi- end the following new subclauses: area) in a rural area (as defined in such sec- care program; and ‘‘(IX) A renal dialysis facility, but only for tion 1886(d)(2)(D)) that, as determined by the (2) recommendations the Inspector General purposes of section 1881(b)(3)(B). Secretary— determines appropriate based on such anal- ‘‘(X) The home of an individual, but only ‘‘(A) is in the highest quartile of all coun- ysis. for purposes of section 1881(b)(3)(B).’’; and ties (or equivalent areas) based on the num- TITLE III—CREATING HIGH-QUALITY RE- (B) by adding at the end the following new ber of Medicare home health episodes fur- SULTS AND OUTCOMES NECESSARY TO paragraph: nished per 100 individuals who are entitled IMPROVE CHRONIC (CHRONIC) CARE ‘‘(5) TREATMENT OF HOME DIALYSIS MONTHLY to, or enrolled for, benefits under part A of Subtitle A—Receiving High Quality Care in ESRD-RELATED VISIT.—The geographic re- title XVIII of the Social Security Act or en- the Home quirements described in paragraph (4)(C)(i) rolled for benefits under part B of such title SEC. 50301. EXTENDING THE INDEPENDENCE AT shall not apply with respect to telehealth (but not enrolled in a plan under part C of HOME DEMONSTRATION PROGRAM. services furnished on or after January 1, 2019, such title)— (a) IN GENERAL.—Section 1866E of the So- for purposes of section 1881(b)(3)(B), at an ‘‘(i) in the case of episodes and visits end- cial Security Act (42 U.S.C. 1395cc–5) is originating site described in subclause (VI), ing during 2019, by 1.5 percent; and amended— (IX), or (X) of paragraph (4)(C)(ii).’’.

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(2) NO FACILITY FEE IF ORIGINATING SITE FOR (b)(6)(B)(ii) under this paragraph and, con- provisions under current law and imple- HOME DIALYSIS THERAPY IS THE HOME.—Sec- sistent with such role, shall establish— menting regulations that provide continu- tion 1834(m)(2)(B) of the Social Security (42 ‘‘(i) a uniform process for disseminating to ation of benefits pending appeal under this U.S.C. 1395m(m)(2)(B)) is amended— State Medicaid agencies information under title and title XIX. (A) by redesignating clauses (i) and (ii) as this title impacting contracts between such ‘‘(C) REQUIREMENT FOR UNIFIED GRIEVANCES subclauses (I) and (II), and indenting appro- agencies and such plans under this sub- AND APPEALS.—For 2021 and subsequent priately; section; and years, the contract of a specialized MA plan (B) in subclause (II), as redesignated by ‘‘(ii) basic resources for States interested for special needs individuals described in subparagraph (A), by striking ‘‘clause (i) or in exploring such plans as a platform for in- subsection (b)(6)(B)(ii) with a State Medicaid tegration, such as a model contract or other this clause’’ and inserting ‘‘subclause (I) or agency under paragraph (3)(D) shall require tools to achieve those goals. this subclause’’; the use of unified grievances and appeals pro- ‘‘(B) UNIFIED GRIEVANCES AND APPEALS (C) by striking ‘‘SITE.—With respect to’’ cedures as described in subparagraph (B). and inserting ‘‘SITE.— PROCESS.— ‘‘(D) REQUIREMENTS FOR INTEGRATION.— ‘‘(i) IN GENERAL.—Subject to clause (ii), ‘‘(i) IN GENERAL.—Not later than April 1, ‘‘(i) IN GENERAL.—For 2021 and subsequent with respect to’’; and 2020, the Secretary shall establish proce- years, a specialized MA plan for special (D) by adding at the end the following new dures, to the extent feasible as determined needs individuals described in subsection clause: by the Secretary, unifying grievances and (b)(6)(B)(ii) shall meet one or more of the fol- ‘‘(ii) NO FACILITY FEE IF ORIGINATING SITE appeals procedures under sections 1852(f), lowing requirements, to the extent per- FOR HOME DIALYSIS THERAPY IS THE HOME.— 1852(g), 1902(a)(3), 1902(a)(5), and 1932(b)(4) for No facility fee shall be paid under this sub- items and services provided by specialized mitted under State law, for integration of paragraph to an originating site described in MA plans for special needs individuals de- benefits under this title and title XIX: paragraph (4)(C)(ii)(X).’’. scribed in subsection (b)(6)(B)(ii) under this ‘‘(I) The specialized MA plan must meet (c) CLARIFICATION REGARDING TELEHEALTH title and title XIX. With respect to items the requirements of contracting with the PROVIDED TO BENEFICIARIES.—Section and services described in the preceding sen- State Medicaid agency described in para- 1128A(i)(6) of the Social Security Act (42 tence, procedures established under this graph (3)(D) in addition to coordinating long- U.S.C. 1320a–7a(i)(6)) is amended— clause shall apply in place of otherwise ap- term services and supports or behavioral (1) in subparagraph (H), by striking ‘‘or’’ at plicable grievances and appeals procedures. health services, or both, by meeting an addi- the end; The Secretary shall solicit comment in de- tional minimum set of requirements deter- (2) in subparagraph (I), by striking the pe- veloping such procedures from States, plans, mined by the Secretary through the Federal riod at the end and inserting ‘‘; or’’; and beneficiaries and their representatives, and Coordinated Health Care Office established (3) by adding at the end the following new other relevant stakeholders. under section 2602 of the Patient Protection subparagraph: ‘‘(ii) PROCEDURES.—The procedures estab- and Affordable Care Act based on input from ‘‘(J) the provision of telehealth tech- lished under clause (i) shall be included in stakeholders, such as notifying the State in nologies (as defined by the Secretary) on or the plan contract under paragraph (3)(D) and a timely manner of hospitalizations, emer- after January 1, 2019, by a provider of serv- shall— gency room visits, and hospital or nursing ‘‘(I) adopt the provisions for the enrollee ices or a renal dialysis facility (as such home discharges of enrollees, assigning one that are most protective for the enrollee terms are defined for purposes of title XVIII) primary care provider for each enrollee, or and, to the extent feasible as determined by to an individual with end stage renal disease sharing data that would benefit the coordi- the Secretary, are compatible with unified who is receiving home dialysis for which nation of items and services under this title timeframes and consolidated access to exter- payment is being made under part B of such nal review under an integrated process; and the State plan under title XIX. Such title, if— ‘‘(II) take into account differences in State minimum set of requirements must be in- ‘‘(i) the telehealth technologies are not of- plans under title XIX to the extent nec- cluded in the contract of the specialized MA fered as part of any advertisement or solici- essary; plan with the State Medicaid agency under tation; ‘‘(III) be easily navigable by an enrollee; such paragraph. ‘‘(ii) the telehealth technologies are pro- and ‘‘(II) The specialized MA plan must meet vided for the purpose of furnishing telehealth ‘‘(IV) include the elements described in the requirements of a fully integrated plan services related to the individual’s end stage clause (iii), as applicable. described in section 1853(a)(1)(B)(iv)(II) renal disease; and ‘‘(iii) ELEMENTS DESCRIBED.—Both unified (other than the requirement that the plan ‘‘(iii) the provision of the telehealth tech- appeals and unified grievance procedures have similar average levels of frailty, as de- nologies meets any other requirements set shall include, as applicable, the following termined by the Secretary, as the PACE pro- forth in regulations promulgated by the Sec- elements described in this clause: gram), or enter into a capitated contract retary.’’. ‘‘(I) Single written notification of all appli- with the State Medicaid agency to provide (d) CONFORMING AMENDMENT.—Section cable grievances and appeal rights under this long-term services and supports or behav- 1881(b)(1) of the Social Security Act (42 title and title XIX. For purposes of this sub- ioral health services, or both. U.S.C. 1395rr(b)(1)) is amended by striking paragraph, the Secretary may waive the re- ‘‘(III) In the case of a specialized MA plan ‘‘paragraph (3)(A)’’ and inserting ‘‘paragraph quirements under section 1852(g)(1)(B) when that is offered by a parent organization that (3)(A)(i)’’. the specialized MA plan covers items or serv- is also the parent organization of a Medicaid Subtitle B—Advancing Team-Based Care ices under this part or under title XIX. managed care organization providing long SEC. 50311. PROVIDING CONTINUED ACCESS TO ‘‘(II) Single pathways for resolution of any term services and supports or behavioral MEDICARE ADVANTAGE SPECIAL grievance or appeal related to a particular services under a contract under section NEEDS PLANS FOR VULNERABLE item or service provided by specialized MA 1903(m), the parent organization must as- POPULATIONS. plans for special needs individuals described sume clinical and financial responsibility for (a) EXTENSION.—Section 1859(f)(1) of the So- in subsection (b)(6)(B)(ii) under this title and benefits provided under this title and title cial Security Act (42 U.S.C. 1395w–28(f)(1)) is title XIX. XIX with respect to any individual who is amended by striking ‘‘and for periods before ‘‘(III) Notices written in plain language enrolled in both the specialized MA plan and January 1, 2019’’. and available in a language and format that the Medicaid managed care organization. (b) INCREASED INTEGRATION OF DUAL is accessible to the enrollee, including in ‘‘(ii) SUSPENSION OF ENROLLMENT FOR FAIL- SNPS.— non-English languages that are prevalent in URE TO MEET REQUIREMENTS DURING INITIAL (1) IN GENERAL.—Section 1859(f) of the So- the service area of the specialized MA plan. cial Security Act (42 U.S.C. 1395w–28(f)) is ‘‘(IV) Unified timeframes for grievances PERIOD.—During the period of plan years 2021 amended— and appeals processes, such as an individ- through 2025, if the Secretary determines (A) in paragraph (3), by adding at the end ual’s filing of a grievance or appeal, a plan’s that a specialized MA plan for special needs the following new subparagraph: acknowledgment and resolution of a griev- individuals described in subsection ‘‘(F) The plan meets the requirements ap- ance or appeal, and notification of decisions (b)(6)(B)(ii) has failed to comply with clause plicable under paragraph (8).’’; and with respect to a grievance or appeal. (i), the Secretary may provide for the appli- (B) by adding at the end the following new ‘‘(V) Requirements for how the plan must cation against the Medicare Advantage orga- paragraph: process, track, and resolve grievances and nization offering the plan of the remedy de- ‘‘(8) INCREASED INTEGRATION OF DUAL appeals, to ensure beneficiaries are notified scribed in section 1857(g)(2)(B) in the same SNPS.— on a timely basis of decisions that are made manner as the Secretary may apply such ‘‘(A) DESIGNATED CONTACT.—The Secretary, throughout the grievance or appeals process remedy, and in accordance with the same acting through the Federal Coordinated and are able to easily determine the status procedures as would apply, in the case of an Health Care Office established under section of a grievance or appeal. MA organization determined by the Sec- 2602 of Public Law 111–148, shall serve as a ‘‘(iv) CONTINUATION OF BENEFITS PENDING retary to have engaged in conduct described dedicated point of contact for States to ad- APPEAL.—The unified procedures under in section 1857(g)(1). If the Secretary applies dress misalignments that arise with the inte- clause (i) shall, with respect to all benefits such remedy to a Medicare Advantage orga- gration of specialized MA plans for special under parts A and B and title XIX subject to nization under the preceding sentence, the needs individuals described in subsection appeal under such procedures, incorporate organization shall submit to the Secretary

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(at a time, and in a form and manner, speci- cialized MA plans for special needs individ- ‘‘(9) LIST OF CONDITIONS FOR CLARIFICATION fied by the Secretary) information describ- uals described in subsection (b)(6)(B)(ii) of OF THE DEFINITION OF A SEVERE OR DISABLING ing how the plan will come into compliance such section 1859.’’. CHRONIC CONDITIONS SPECIALIZED NEEDS INDI- with clause (i). (c) IMPROVEMENTS TO SEVERE OR DISABLING VIDUAL.— ‘‘(E) STUDY AND REPORT TO CONGRESS.— CHRONIC CONDITION SNPS.— ‘‘(A) IN GENERAL.—Not later than Decem- ‘‘(i) IN GENERAL.—Not later than March 15, (1) CARE MANAGEMENT REQUIREMENTS.—Sec- ber 31, 2020, and every 5 years thereafter, sub- 2022, and, subject to clause (iii), biennially tion 1859(f)(5) of the Social Security Act (42 ject to subparagraphs (B) and (C), the Sec- thereafter through 2032, the Medicare Pay- U.S.C. 1395w–28(f)(5)) is amended— retary shall convene a panel of clinical advi- ment Advisory Commission established (A) by striking ‘‘ALL SNPS.—The require- sors to establish and update a list of condi- under section 1805, in consultation with the ments’’ and inserting ‘‘ALL SNPS.— tions that meet each of the following cri- Medicaid and CHIP Payment and Access ‘‘(A) IN GENERAL.—Subject to subparagraph teria: Commission established under section 1900, (B), the requirements’’; ‘‘(i) Conditions that meet the definition of shall conduct (and submit to the Secretary (B) by redesignating subparagraphs (A) and a severe or disabling chronic condition under and the Committees on Ways and Means and (B) as clauses (i) and (ii), respectively, and subsection (b)(6)(B)(iii) on or after January 1, Energy and Commerce of the House of Rep- indenting appropriately; and 2022. resentatives and the Committee on Finance (C) in clause (ii), as redesignated by sub- ‘‘(ii) Conditions that require prescription of the Senate a report on) a study to deter- paragraph (B), by redesignating clauses (i) drugs, providers, and models of care that are mine how specialized MA plans for special through (iii) as subclauses (I) through (III), unique to the specific population of enrollees needs individuals described in subsection respectively, and indenting appropriately; in a specialized MA plan for special needs in- (b)(6)(B)(ii) perform among each other based and dividuals described in such subsection on or on data from Healthcare Effectiveness Data (D) by adding at the end the following new after such date and— and Information Set (HEDIS) quality meas- subparagraph: ‘‘(I) as a result of access to, and enrollment ures, reported on the plan level, as required ‘‘(B) IMPROVEMENTS TO CARE MANAGEMENT in, such a specialized MA plan for special under section 1852(e)(3) (or such other meas- REQUIREMENTS FOR SEVERE OR DISABLING needs individuals, individuals with such con- ures or data sources that are available and CHRONIC CONDITION SNPS.—For 2020 and subse- dition would have a reasonable expectation appropriate, such as encounter data and Con- sumer Assessment of Healthcare Providers quent years, in the case of a specialized MA of slowing or halting the progression of the and Systems data, as specified by such Com- plan for special needs individuals described disease, improving health outcomes and de- missions as enabling an accurate evaluation in subsection (b)(6)(B)(iii), the requirements creasing overall costs for individuals diag- under this subparagraph). Such study shall described in this paragraph include the fol- nosed with such condition compared to avail- include, as feasible, the following compari- lowing: able options of care other than through such son groups of specialized MA plans for spe- ‘‘(i) The interdisciplinary team under sub- a specialized MA plan for special needs indi- cial needs individuals described in subsection paragraph (A)(ii)(III) includes a team of pro- viduals; or (b)(6)(B)(ii): viders with demonstrated expertise, includ- ‘‘(II) have a low prevalence in the general ‘‘(I) A comparison group of such plans that ing training in an applicable specialty, in population of beneficiaries under this title or are described in subparagraph (D)(i)(I). treating individuals similar to the targeted a disproportionally high per-beneficiary cost ‘‘(II) A comparison group of such plans population of the plan. under this title. that are described in subparagraph (D)(i)(II). ‘‘(ii) Requirements developed by the Sec- ‘‘(B) INCLUSION OF CERTAIN CONDITIONS.— ‘‘(III) A comparison group of such plans op- retary to provide face-to-face encounters The conditions listed under subparagraph (A) erating within the Financial Alignment Ini- with individuals enrolled in the plan not less shall include HIV/AIDS, end stage renal dis- tiative demonstration for the period for frequently than on an annual basis. ease, and chronic and disabling mental ill- which such plan is so operating and the dem- ‘‘(iii) As part of the model of care under ness. onstration is in effect, and, in the case that clause (i) of subparagraph (A), the results of ‘‘(C) REQUIREMENT.—In establishing and an integration option that is not with re- the initial assessment and annual reassess- updating the list under subparagraph (A), spect to specialized MA plans for special ment under clause (ii)(I) of such subpara- the panel shall take into account the avail- needs individuals is established after the graph of each individual enrolled in the plan ability of varied benefits, cost-sharing, and conclusion of the demonstration involved. are addressed in the individual’s individual- supplemental benefits under the model de- ‘‘(IV) A comparison group of such plans ized care plan under clause (ii)(II) of such scribed in paragraph (2) of section 1859(h), in- that are described in subparagraph subparagraph. cluding the expansion under paragraph (1) of (D)(i)(III). ‘‘(iv) As part of the annual evaluation and such section.’’. approval of such model of care, the Secretary ‘‘(V) A comparison group of MA plans, as (d) QUALITY MEASUREMENT AT THE PLAN feasible, not described in a previous sub- shall take into account whether the plan ful- LEVEL FOR SNPS AND DETERMINATION OF clause of this clause, with respect to the per- filled the previous year’s goals (as required FEASABILITY OF QUALITY MEASUREMENT AT formance of such plans for enrollees who are under the model of care). special needs individuals described in sub- ‘‘(v) The Secretary shall establish a min- THE PLAN LEVEL FOR ALL MA PLANS.—Sec- section (b)(6)(B)(ii). imum benchmark for each element of the tion 1853(o) of the Social Security Act (42 ‘‘(ii) ADDITIONAL REPORTS.—Beginning with model of care of a plan. The Secretary shall U.S.C. 1395w–23(o)) is amended by adding at 2033 and every five years thereafter, the only approve a plan’s model of care under the end the following new paragraphs: Medicare Payment Advisory Commission, in this paragraph if each element of the model ‘‘(6) QUALITY MEASUREMENT AT THE PLAN consultation with the Medicaid and CHIP of care meets the minimum benchmark ap- LEVEL FOR SNPS.— Payment and Access Commission, shall con- plicable under the preceding sentence.’’. ‘‘(A) IN GENERAL.—Subject to subparagraph duct a study described in clause (i).’’. (2) REVISIONS TO THE DEFINITION OF A SE- (B), the Secretary may require reporting of (2) CONFORMING AMENDMENT TO RESPON- VERE OR DISABLING CHRONIC CONDITIONS SPE- data under section 1852(e) for, and apply SIBILITIES OF FEDERAL COORDINATED HEALTH CIALIZED NEEDS INDIVIDUAL.— under this subsection, quality measures at CARE OFFICE.—Section 2602(d) of Public Law (A) IN GENERAL.—Section 1859(b)(6)(B)(iii) the plan level for specialized MA plans for 111–148 (42 U.S.C. 1315b(d)) is amended by add- of the Social Security Act (42 U.S.C. 1395w– special needs individuals instead of at the ing at the end the following new paragraphs: 28(b)(6)(B)(iii)) is amended— contract level. ‘‘(6) To act as a designated contact for (i) by striking ‘‘who have’’ and inserting ‘‘(B) CONSIDERATIONS.—Prior to applying States under subsection (f)(8)(A) of section ‘‘who— quality measurement at the plan level under 1859 of the Social Security Act (42 U.S.C. ‘‘(I) before January 1, 2022, have’’; this paragraph, the Secretary shall— 1395w–28) with respect to the integration of (ii) in subclause (I), as added by clause (i), ‘‘(i) take into consideration the minimum specialized MA plans for special needs indi- by striking the period at the end and insert- number of enrollees in a specialized MA plan viduals described in subsection (b)(6)(B)(ii) of ing ‘‘; and’’; and for special needs individuals in order to de- such section. (iii) by adding at the end the following new termine if a statistically significant or valid ‘‘(7) To be responsible, subject to the final subclause: measurement of quality at the plan level is approval of the Secretary, for developing ‘‘(II) on or after January 1, 2022, have one possible under this paragraph; regulations and guidance related to the im- or more comorbid and medically complex ‘‘(ii) take into consideration the impact of plementation of a unified grievance and ap- chronic conditions that is life threatening or such application on plans that serve a dis- peals process as described in subparagraphs significantly limits overall health or func- proportionate number of individuals dually (B) and (C) of section 1859(f)(8) of the Social tion, have a high risk of hospitalization or eligible for benefits under this title and Security Act (42 U.S.C. 1395w–28(f)(8)). other adverse health outcomes, and require under title XIX; ‘‘(8) To be responsible, subject to the final intensive care coordination and that is listed ‘‘(iii) if quality measures are reported at approval of the Secretary, for developing under subsection (f)(9)(A).’’. the plan level, ensure that MA plans are not regulations and guidance related to the inte- (B) PANEL OF CLINICAL ADVISORS.—Section required to provide duplicative information; gration or alignment of policy and oversight 1859(f) of the Social Security Act (42 U.S.C. and under the Medicare program under title 1395w–28(f)), as amended by subsection (b), is ‘‘(iv) ensure that such reporting does not XVIII of such Act and the Medicaid program amended by adding at the end the following interfere with the collection of encounter under title XIX of such Act regarding spe- new paragraph: data submitted by MA organizations or the

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administration of any changes to the pro- and community-based settings and related ‘‘(iii) CHRONICALLY ILL ENROLLEE DE- gram under this part as a result of the col- financial impacts of such transitions. FINED.—In this subparagraph, the term lection of such data. (G) Barriers and opportunities for making ‘chronically ill enrollee’ means an enrollee ‘‘(C) APPLICATION.—If the Secretary applies further progress on dual integration, as well in an MA plan that the Secretary deter- quality measurement at the plan level under as recommendations for legislation or ad- mines— this paragraph— ministrative action to expedite or refine ‘‘(I) has one or more comorbid and medi- ‘‘(i) such quality measurement may in- pathways toward fully integrated care. cally complex chronic conditions that is life clude Medicare Health Outcomes Survey (2) REPORT.—Not later than 2 years after threatening or significantly limits the over- (HOS), Healthcare Effectiveness Data and In- the date of the enactment of this Act, the all health or function of the enrollee; formation Set (HEDIS), Consumer Assess- Comptroller General shall submit to Con- ‘‘(II) has a high risk of hospitalization or ment of Healthcare Providers and Systems gress a report containing the results of the other adverse health outcomes; and (CAHPS) measures and quality measures study conducted under paragraph (1), to- ‘‘(III) requires intensive care coordina- under part D; and gether with recommendations for such legis- tion.’’. ‘‘(ii) the Secretary shall consider applying lation and administrative action as the (b) GAO STUDY AND REPORT.— administrative actions, such as remedies de- Comptroller General determines appropriate. (1) STUDY.—The Comptroller General of the scribed in section 1857(g)(2), at the plan level. Subtitle C—Expanding Innovation and United States (in this subsection referred to ‘‘(7) DETERMINATION OF FEASIBILITY OF Technology as the ‘‘Comptroller General’’) shall conduct a study on supplemental benefits provided to QUALITY MEASUREMENT AT THE PLAN LEVEL SEC. 50321. ADAPTING BENEFITS TO MEET THE FOR ALL MA PLANS.— NEEDS OF CHRONICALLY ILL MEDI- enrollees in Medicare Advantage plans under ‘‘(A) DETERMINATION OF FEASIBILITY.—The CARE ADVANTAGE ENROLLEES. part C of title XVIII of the Social Security Secretary shall determine the feasibility of Section 1859 of the Social Security Act (42 Act, including specialized MA plans for spe- requiring reporting of data under section U.S.C. 1395w–28) is amended by adding at the cial needs individuals (as defined in section 1852(e) for, and applying under this sub- end the following new subsection: 1859(b)(6) of such Act (42 U.S.C. 1395w– section, quality measures at the plan level ‘‘(h) NATIONAL TESTING OF MEDICARE AD- 28(b)(6))). To the extend data are available, for all MA plans under this part. VANTAGE VALUE-BASED INSURANCE DESIGN such study shall include an analysis of the ‘‘(B) CONSIDERATION OF CHANGE.—After MODEL.— following: making a determination under subparagraph ‘‘(1) IN GENERAL.—In implementing the (A) The type of supplemental benefits pro- (A), the Secretary shall consider requiring Medicare Advantage Value-Based Insurance vided to such enrollees, the total number of such reporting and applying such quality Design model that is being tested under sec- enrollees receiving each supplemental ben- measures at the plan level as described in tion 1115A(b), the Secretary shall revise the efit, and whether the supplemental benefit is such subparagraph’’. testing of the model under such section to covered by the standard benchmark cost of (e) GAO STUDY AND REPORT ON STATE- cover, effective not later than January 1, the benefit or with an additional premium. LEVEL INTEGRATION BETWEEN DUAL SNPS 2020, all States. (B) The frequency in which supplemental AND MEDICAID.— ‘‘(2) TERMINATION AND MODIFICATION PROVI- benefits are utilized by such enrollees. (1) STUDY.—The Comptroller General of the SION NOT APPLICABLE UNTIL JANUARY 1, 2022.— (C) The impact supplemental benefits have United States (in this subsection referred to The provisions of section 1115A(b)(3)(B) shall on— as the ‘‘Comptroller General’’) shall conduct apply to the Medicare Advantage Value- (i) indicators of the quality of care re- a study on State-level integration between Based Insurance Design model, including ceived by such enrollees, including overall specialized MA plans for special needs indi- such model as revised under paragraph (1), health and function of the enrollees; viduals described in subsection (b)(6) (B)(ii) beginning January 1, 2022, but shall not (ii) the utilization of items and services for of section 1859 of the Social Security Act (42 apply to such model, as so revised, prior to which benefits are available under the origi- U.S.C. 1395w–28) and the Medicaid program such date. nal Medicare fee-for-service program option under title XIX of such Act (42 U.S.C. 1396 et ‘‘(3) FUNDING.—The Secretary shall allo- under parts A and B of such title XVIII by seq.). Such study shall include an analysis of cate funds made available under section such enrollees; and the following: 1115A(f)(1) to design, implement, and evalu- (iii) the amount of the bids submitted by (A) The characteristics of States in which ate the Medicare Advantage Value-Based In- Medicare Advantage Organizations for Medi- the State agency responsible for admin- surance Design model, as revised under para- care Advantage plans under such part C. istering the State plan under such title XIX graph (1).’’. (2) CONSULTATION.—In conducting the has a contract with such a specialized MA SEC. 50322. EXPANDING SUPPLEMENTAL BENE- study under paragraph (1), the Comptroller plan and that delivers long-term services and FITS TO MEET THE NEEDS OF General shall, as necessary, consult with the supports under the State plan under such CHRONICALLY ILL MEDICARE AD- Centers for Medicare & Medicaid Services title XIX through a managed care program, VANTAGE ENROLLEES. and Medicare Advantage organizations offer- including the requirements under such State (a) IN GENERAL.—Section 1852(a)(3) of the ing Medicare Advantage plans. plan with respect to long-term services and Social Security Act (42 U.S.C. 1395w–22(a)(3)) (3) REPORT.—Not later than 5 years after supports. is amended— the date of the enactment of this Act, the (B) The types of such specialized MA plans, (1) in subparagraph (A), by striking ‘‘Each’’ Comptroller General shall submit to Con- which may include the following: and inserting ‘‘Subject to subparagraph (D), gress a report containing the results of the (i) A plan described in section each’’; and study conducted under paragraph (1), to- 1853(a)(1)(B)(iv)(II) of such Act (42 U.S.C. (2) by adding at the end the following new gether with recommendations for such legis- 1395w–23(a)(1)(B)(iv)(II)). subparagraph: lation and administrative action as the (ii) A plan that meets the requirements de- ‘‘(D) EXPANDING SUPPLEMENTAL BENEFITS Comptroller General determines appropriate. scribed in subsection (f)(3)(D) of such section TO MEET THE NEEDS OF CHRONICALLY ILL EN- SEC. 50323. INCREASING CONVENIENCE FOR 1859. ROLLEES.— MEDICARE ADVANTAGE ENROLLEES (iii) A plan described in clause (ii) that ‘‘(i) IN GENERAL.—For plan year 2020 and THROUGH TELEHEALTH. also meets additional requirements estab- subsequent plan years, in addition to any (a) IN GENERAL.—Section 1852 of the Social lished by the State. supplemental health care benefits otherwise Security Act (42 U.S.C. 1395w–22) is amend- (C) The characteristics of individuals en- provided under this paragraph, an MA plan, ed— rolled in such specialized MA plans. including a specialized MA plan for special (1) in subsection (a)(1)(B)(i), by inserting ‘‘, (D) As practicable, the following with re- needs individuals (as defined in section subject to subsection (m),’’ after ‘‘means’’; spect to State programs for the delivery of 1859(b)(6)), may provide supplemental bene- and long-term services and supports under such fits described in clause (ii) to a chronically (2) by adding at the end the following new title XIX through a managed care program: ill enrollee (as defined in clause (iii)). subsection: (i) Which populations of individuals are eli- ‘‘(ii) SUPPLEMENTAL BENEFITS DESCRIBED.— ‘‘(m) PROVISION OF ADDITIONAL TELEHEALTH gible to receive such services and supports. ‘‘(I) IN GENERAL.—Supplemental benefits BENEFITS.— (ii) Whether all such services and supports described in this clause are supplemental ‘‘(1) MA PLAN OPTION.—For plan year 2020 are provided on a capitated basis or if any of benefits that, with respect to a chronically and subsequent plan years, subject to the re- such services and supports are carved out ill enrollee, have a reasonable expectation of quirements of paragraph (3), an MA plan may and provided through fee-for service. improving or maintaining the health or over- provide additional telehealth benefits (as de- (E) As practicable, how the availability all function of the chronically ill enrollee fined in paragraph (2)) to individuals en- and variation of integration arrangements of and may not be limited to being primarily rolled under this part. such specialized MA plans offered in States health related benefits. ‘‘(2) ADDITIONAL TELEHEALTH BENEFITS DE- affects spending, service delivery options, ac- ‘‘(II) AUTHORITY TO WAIVE UNIFORMITY RE- FINED.— cess to community-based care, and utiliza- QUIREMENTS.—The Secretary may, only with ‘‘(A) IN GENERAL.—For purposes of this sub- tion of care. respect to supplemental benefits provided to section and section 1854: (F) The efforts of State Medicaid programs a chronically ill enrollee under this subpara- ‘‘(i) DEFINITION.—The term ‘additional tele- to transition dually-eligible beneficiaries re- graph, waive the uniformity requirements health benefits’ means services— ceiving long-term services and supports under this part, as determined appropriate ‘‘(I) for which benefits are available under (LTSS) from institutional settings to home by the Secretary. part B, including services for which payment

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is not made under section 1834(m) due to the section only, the following shall apply with ‘‘(A) NON-APPLICATION OF ORIGINATING SITE conditions for payment under such section; respect to such services furnished by a physi- REQUIREMENTS.—The requirements described and cian or practitioner participating in an ap- in paragraph (4)(C) shall not apply with re- ‘‘(II) that are identified for such year as plicable ACO (as defined in paragraph (2)) to spect to telehealth services furnished on or clinically appropriate to furnish using elec- a Medicare fee-for-service beneficiary as- after January 1, 2019, for purposes of diag- tronic information and telecommunications signed to the applicable ACO: nosis, evaluation, or treatment of symptoms technology when a physician (as defined in ‘‘(A) INCLUSION OF HOME AS ORIGINATING of an acute stroke, as determined by the Sec- section 1861(r)) or practitioner (described in SITE.—Subject to paragraph (3), the home of retary. section 1842(b)(18)(C)) providing the service is a beneficiary shall be treated as an origi- ‘‘(B) INCLUSION OF CERTAIN SITES.—With re- not at the same location as the plan en- nating site described in section spect to telehealth services described in sub- rollee. 1834(m)(4)(C)(ii). paragraph (A), the term ‘originating site’ ‘‘(ii) EXCLUSION OF CAPITAL AND INFRA- ‘‘(B) NO APPLICATION OF GEOGRAPHIC LIMITA- shall include any hospital (as defined in sec- STRUCTURE COSTS AND INVESTMENTS.—The TION.—The geographic limitation under sec- term ‘additional telehealth benefits’ does tion 1834(m)(4)(C)(i) shall not apply with re- tion 1861(e)) or critical access hospital (as de- not include capital and infrastructure costs spect to an originating site described in sec- fined in section 1861(mm)(1)), any mobile and investments relating to such benefits. tion 1834(m)(4)(C)(ii) (including the home of a stroke unit (as defined by the Secretary), or ‘‘(B) PUBLIC COMMENT.—Not later than No- beneficiary under subparagraph (A)), subject any other site determined appropriate by the vember 30, 2018, the Secretary shall solicit to State licensing requirements. Secretary, at which the eligible telehealth comments on— ‘‘(2) DEFINITIONS.—In this subsection: individual is located at the time the service ‘‘(i) what types of items and services (in- ‘‘(A) APPLICABLE ACO.—The term ‘applica- is furnished via a telecommunications sys- cluding those provided through supplemental ble ACO’ means an ACO participating in a tem. health care benefits, such as remote patient model tested or expanded under section ‘‘(C) NO ORIGINATING SITE FACILITY FEE FOR monitoring, secure messaging, store and for- 1115A or under this section— NEW SITES.—No facility fee shall be paid ward technologies, and other non-face-to- ‘‘(i) that operates under a two-sided under paragraph (2)(B) to an originating site face communication) should be considered to model— with respect to a telehealth service described be additional telehealth benefits; and ‘‘(I) described in section 425.600(a) of title in subparagraph (A) if the originating site ‘‘(ii) the requirements for the provision or 42, Code of Federal Regulations; or does not otherwise meet the requirements furnishing of such benefits (such as training ‘‘(II) tested or expanded under section for an originating site under paragraph and coordination requirements). 1115A; and (4)(C).’’. ‘‘(3) REQUIREMENTS FOR ADDITIONAL TELE- ‘‘(ii) for which Medicare fee-for-service HEALTH BENEFITS.—The Secretary shall beneficiaries are assigned to the ACO using a Subtitle D—Identifying the Chronically Ill specify requirements for the provision or fur- prospective assignment method, as deter- Population nishing of additional telehealth benefits, in- mined appropriate by the Secretary. cluding with respect to the following: ‘‘(B) HOME.—The term ‘home’ means, with SEC. 50331. PROVIDING FLEXIBILITY FOR BENE- ‘‘(A) Physician or practitioner qualifica- respect to a Medicare fee-for-service bene- FICIARIES TO BE PART OF AN AC- tions (other than licensure) and other re- ficiary, the place of residence used as the COUNTABLE CARE ORGANIZATION. quirements such as specific training. home of the beneficiary. Section 1899(c) of the Social Security Act ‘‘(B) Factors necessary for the coordina- ‘‘(3) TELEHEALTH SERVICES RECEIVED IN THE (42 U.S.C. 1395jjj(c)) is amended— tion of such benefits with other items and HOME.—In the case of telehealth services de- (1) by redesignating paragraphs (1) and (2) services including those furnished in-person. scribed in paragraph (1) where the home of a as subparagraphs (A) and (B), respectively, ‘‘(C) Such other areas as determined by the Medicare fee-for-service beneficiary is the and indenting appropriately; Secretary. originating site, the following shall apply: (2) by striking ‘‘ACOS.—The Secretary’’ ‘‘(4) ENROLLEE CHOICE.—If an MA plan pro- ‘‘(A) NO FACILITY FEE.—There shall be no and inserting ‘‘ACOS.— vides a service as an additional telehealth facility fee paid to the originating site under ‘‘(1) IN GENERAL.—Subject to paragraph (2), benefit (as defined in paragraph (2))— section 1834(m)(2)(B). the Secretary’’; and ‘‘(A) the MA plan shall also provide access ‘‘(B) EXCLUSION OF CERTAIN SERVICES.—No to such benefit through an in-person visit payment may be made for such services that (3) by adding at the end the following new (and not only as an additional telehealth are inappropriate to furnish in the home set- paragraph: benefit); and ting such as services that are typically fur- ‘‘(2) PROVIDING FLEXIBILITY.— ‘‘(B) an individual enrollee shall have dis- nished in inpatient settings such as a hos- ‘‘(A) CHOICE OF PROSPECTIVE ASSIGNMENT.— cretion as to whether to receive such service pital.’’. For each agreement period (effective for through the in-person visit or as an addi- (b) STUDY AND REPORT.— agreements entered into or renewed on or tional telehealth benefit. (1) STUDY.— after January 1, 2020), in the case where an ‘‘(5) TREATMENT UNDER MA.—For purposes (A) IN GENERAL.—The Secretary of Health ACO established under the program is in a of this subsection and section 1854, if a plan and Human Services (in this subsection re- Track that provides for the retrospective as- provides additional telehealth benefits, such ferred to as the ‘‘Secretary’’) shall conduct a signment of Medicare fee-for-service bene- additional telehealth benefits shall be treat- study on the implementation of section ficiaries to the ACO, the Secretary shall per- ed as if they were benefits under the original 1899(l) of the Social Security Act, as added mit the ACO to choose to have Medicare fee- Medicare fee-for-service program option. by subsection (a). Such study shall include for-service beneficiaries assigned prospec- ‘‘(6) CONSTRUCTION.—Nothing in this sub- an analysis of the utilization of, and expendi- tively, rather than retrospectively, to the section shall be construed as affecting the tures for, telehealth services under such sec- ACO for an agreement period. requirement under subsection (a)(1) that MA tion. ‘‘(B) ASSIGNMENT BASED ON VOLUNTARY plans provide enrollees with items and serv- (B) COLLECTION OF DATA.—The Secretary IDENTIFICATION BY MEDICARE FEE-FOR-SERVICE ices (other than hospice care) for which bene- may collect such data as the Secretary de- BENEFICIARIES.— fits are available under parts A and B, in- termines necessary to carry out the study ‘‘(i) IN GENERAL.—For performance year cluding benefits available under section under this paragraph. 2018 and each subsequent performance year, 1834(m).’’. (2) REPORT.—Not later than January 1, if a system is available for electronic des- (b) CLARIFICATION REGARDING INCLUSION IN 2026, the Secretary shall submit to Congress ignation, the Secretary shall permit a Medi- BID AMOUNT.—Section 1854(a)(6)(A)(ii)(I) of a report containing the results of the study care fee-for-service beneficiary to volun- the Social Security Act (42 U.S.C. 1395w– conducted under paragraph (1), together with tarily identify an ACO professional as the 24(a)(6)(A)(ii)(I)) is amended by inserting ‘‘, recommendations for such legislation and including, for plan year 2020 and subsequent administrative action as the Secretary de- primary care provider of the beneficiary for plan years, the provision of additional tele- termines appropriate. purposes of assigning such beneficiary to an health benefits as described in section ACO, as determined by the Secretary. SEC. 50325. EXPANDING THE USE OF TELE- 1852(m)’’ before the semicolon at the end. ‘‘(ii) NOTIFICATION PROCESS.—The Sec- HEALTH FOR INDIVIDUALS WITH SEC. 50324. PROVIDING ACCOUNTABLE CARE OR- STROKE. retary shall establish a process under which GANIZATIONS THE ABILITY TO EX- Section 1834(m) of the Social Security Act a Medicare fee-for-service beneficiary is— PAND THE USE OF TELEHEALTH. ‘‘(I) notified of their ability to make an (a) IN GENERAL.—Section 1899 of the Social (42 U.S.C. 1395m(m)), as amended by section identification described in clause (i); and Security Act (42 U.S.C. 1395jjj) is amended by 50302(b)(1), is amended— adding at the end the following new sub- (1) in paragraph (4)(C)(i), in the matter pre- ‘‘(II) informed of the process by which they section: ceding subclause (I), by striking ‘‘The term’’ may make and change such identification. ‘‘(l) PROVIDING ACOS THE ABILITY TO EX- and inserting ‘‘Except as provided in para- ‘‘(iii) SUPERSEDING CLAIMS-BASED ASSIGN- PAND THE USE OF TELEHEALTH SERVICES.— graph (6), the term’’; and MENT.—A voluntary identification by a Medi- ‘‘(1) IN GENERAL.—In the case of telehealth (2) by adding at the end the following new care fee-for-service beneficiary under this services for which payment would otherwise paragraph: subparagraph shall supersede any claims- be made under this title furnished on or after ‘‘(6) TREATMENT OF STROKE TELEHEALTH based assignment otherwise determined by January 1, 2020, for purposes of this sub- SERVICES.— the Secretary.’’.

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S763 Subtitle E—Empowering Individuals and ‘‘(i) in an amount up to $20, with such max- ‘‘(K) an incentive payment made to a Medi- Caregivers in Care Delivery imum amount updated annually by the per- care fee-for-service beneficiary by an ACO SEC. 50341. ELIMINATING BARRIERS TO CARE CO- centage increase in the consumer price index under an ACO Beneficiary Incentive Program ORDINATION UNDER ACCOUNTABLE for all urban consumers (United States city established under subsection (m) of section CARE ORGANIZATIONS. average) for the 12-month period ending with 1899, if the payment is made in accordance (a) IN GENERAL.—Section 1899 of the Social June of the previous year; with the requirements of such subsection Security Act (42 U.S.C. 1395jjj), as amended ‘‘(ii) in the same amount for each Medicare and meets such other conditions as the Sec- by section 50324(a), is amended— fee-for-service beneficiary described in retary may establish.’’. clause (i) or (ii) of subparagraph (B) without (1) in subsection (b)(2), by adding at the (c) EVALUATION AND REPORT.— regard to enrollment of such a beneficiary in end the following new subparagraph: (1) EVALUATION.—The Secretary of Health ‘‘(I) An ACO that seeks to operate an ACO a medicare supplemental policy (described in and Human Services (in this subsection re- Beneficiary Incentive Program pursuant to section 1882(g)(1)), in a State Medicaid plan ferred to as the ‘‘Secretary’’) shall conduct subsection (m) shall apply to the Secretary under title XIX or a waiver of such a plan, or an evaluation of the ACO Beneficiary Incen- at such time, in such manner, and with such in any other health insurance policy or tive Program established under subsections information as the Secretary may require.’’; health benefit plan; (b)(2)(I) and (m) of section 1899 of the Social (2) by adding at the end the following new ‘‘(iii) made for each qualifying service fur- Security Act (42 U.S.C. 1395jjj), as added by subsection: nished to such a beneficiary described in subsection (a). The evaluation shall include ‘‘(m) AUTHORITY TO PROVIDE INCENTIVE clause (i) or (ii) of subparagraph (B) during a an analysis of the impact of the implementa- PAYMENTS TO BENEFICIARIES WITH RESPECT period specified by the Secretary; and tion of the Program on expenditures and TO QUALIFYING PRIMARY CARE SERVICES.— ‘‘(iv) made no later than 30 days after a beneficiary health outcomes under title ‘‘(1) PROGRAM.— qualifying service is furnished to such a ben- XVIII of the Social Security Act (42 U.S.C. ‘‘(A) IN GENERAL.—In order to encourage eficiary described in clause (i) or (ii) of sub- 1395 et seq.). paragraph (B). Medicare fee-for-service beneficiaries to ob- (2) REPORT.—Not later than October 1, 2023, tain medically necessary primary care serv- ‘‘(E) NO SEPARATE PAYMENTS FROM THE SEC- the Secretary shall submit to Congress a re- ices, an ACO participating under this section RETARY.—The Secretary shall not make any port containing the results of the evaluation under a payment model described in clause separate payment to an ACO for the costs, under paragraph (1), together with rec- (i) or (ii) of paragraph (2)(B) may apply to es- including incentive payments, of carrying ommendations for such legislation and ad- tablish an ACO Beneficiary Incentive Pro- out an ACO Beneficiary Incentive Program ministrative action as the Secretary deter- gram to provide incentive payments to such established under this subsection. Nothing in mines appropriate. beneficiaries who are furnished qualifying this subparagraph shall be construed as pro- services in accordance with this subsection. hibiting an ACO from using shared savings SEC. 50342. GAO STUDY AND REPORT ON LONGI- The Secretary shall permit such an ACO to received under this section to carry out an TUDINAL COMPREHENSIVE CARE ACO Beneficiary Incentive Program. PLANNING SERVICES UNDER MEDI- establish such a program at the Secretary’s CARE PART B. discretion and subject to such requirements, ‘‘(F) NO APPLICATION TO SHARED SAVINGS including program integrity requirements, CALCULATION.—Incentive payments made by (a) STUDY.—The Comptroller General shall as the Secretary determines necessary. an ACO under this subsection shall be dis- conduct a study on the establishment under ‘‘(B) IMPLEMENTATION.—The Secretary regarded for purposes of calculating bench- part B of the Medicare program under title shall implement this subsection on a date de- marks, estimated average per capita Medi- XVIII of the Social Security Act of a pay- termined appropriate by the Secretary. Such care expenditures, and shared savings under ment code for a visit for longitudinal com- date shall be no earlier than January 1, 2019, this section. prehensive care planning services. Such and no later than January 1, 2020. ‘‘(G) REPORTING REQUIREMENTS.—An ACO study shall include an analysis of the fol- ‘‘(2) CONDUCT OF PROGRAM.— conducting an ACO Beneficiary Incentive lowing to the extent such information is ‘‘(A) DURATION.—Subject to subparagraph Program under this subsection shall, at such available: (H), an ACO Beneficiary Incentive Program times and in such format as the Secretary (1) The frequency with which services simi- established under this subsection shall be may require, report to the Secretary such in- lar to longitudinal comprehensive care plan- conducted for such period (of not less than 1 formation and retain such documentation as ning services are furnished to Medicare bene- year) as the Secretary may approve. the Secretary may require, including the ficiaries, which providers of services and sup- ‘‘(B) SCOPE.—An ACO Beneficiary Incentive amount and frequency of incentive payments pliers are furnishing those services, whether Program established under this subsection made and the number of Medicare fee-for- Medicare reimbursement is being received shall provide incentive payments to all of service beneficiaries receiving such pay- for those services, and, if so, through which the following Medicare fee-for-service bene- ments. codes those services are being reimbursed. ficiaries who are furnished qualifying serv- ‘‘(H) TERMINATION.—The Secretary may (2) Whether, and the extent to which, lon- ices by the ACO: terminate an ACO Beneficiary Incentive Pro- gitudinal comprehensive care planning serv- ‘‘(i) With respect to the Track 2 and Track gram established under this subsection at ices would overlap, and could therefore re- 3 payment models described in section any time for reasons determined appropriate sult in duplicative payment, with services 425.600(a) of title 42, Code of Federal Regula- by the Secretary. covered under the hospice benefit as well as tions (or in any successor regulation), Medi- ‘‘(3) EXCLUSION OF INCENTIVE PAYMENTS.— the chronic care management code, evalua- care fee-for-service beneficiaries who are pre- Any payment made under an ACO Bene- tion and management codes, or other codes liminarily prospectively or prospectively as- ficiary Incentive Program established under that already exist under part B of the Medi- signed (or otherwise assigned, as determined this subsection shall not be considered in- care program. by the Secretary) to the ACO. come or resources or otherwise taken into (3) Any barriers to hospitals, skilled nurs- ‘‘(ii) With respect to any future payment account for purposes of— ing facilities, hospice programs, home health models involving two-sided risk, Medicare ‘‘(A) determining eligibility for benefits or agencies, and other applicable providers fee-for-service beneficiaries who are assigned assistance (or the amount or extent of bene- working with a Medicare beneficiary to en- to the ACO, as determined by the Secretary. fits or assistance) under any Federal pro- gage in the care planning process and com- ‘‘(C) QUALIFYING SERVICE.—For purposes of gram or under any State or local program fi- plete the necessary documentation to sup- this subsection, a qualifying service is a pri- nanced in whole or in part with Federal port the treatment and care plan of the bene- mary care service, as defined in section 425.20 funds; or ficiary and provide such documentation to of title 42, Code of Federal Regulations (or in ‘‘(B) any Federal or State laws relating to other providers and the beneficiary or the any successor regulation), with respect to taxation.’’; beneficiary’s representative. which coinsurance applies under part B, fur- (3) in subsection (e), by inserting ‘‘, includ- (4) Any barriers to providers, other than nished through an ACO by— ing an ACO Beneficiary Incentive Program the provider furnishing longitudinal com- ‘‘(i) an ACO professional described in sub- under subsections (b)(2)(I) and (m)’’ after prehensive care planning services, accessing section (h)(1)(A) who has a primary care spe- ‘‘the program’’; and the care plan and associated documentation cialty designation included in the definition (4) in subsection (g)(6), by inserting ‘‘or of for use related to the care of the Medicare of primary care physician under section an ACO Beneficiary Incentive Program under beneficiary. 425.20 of title 42, Code of Federal Regulations subsections (b)(2)(I) and (m)’’ after ‘‘under (5) Potential options for ensuring that ap- (or any successor regulation); subsection (d)(4)’’. plicable providers are notified of a patient’s ‘‘(ii) an ACO professional described in sub- (b) AMENDMENT TO SECTION 1128B.—Section existing longitudinal care plan and that ap- section (h)(1)(B); or 1128B(b)(3) of the Social Security Act (42 plicable providers consider that plan in mak- ‘‘(iii) a Federally qualified health center or U.S.C. 1320a–7b(b)(3)) is amended— ing their treatment decisions, and what the rural health clinic (as such terms are defined (1) by striking ‘‘and’’ at the end of subpara- challenges might be in implementing such in section 1861(aa)). graph (I); options. ‘‘(D) INCENTIVE PAYMENTS.—An incentive (2) by striking the period at the end of sub- (6) Stakeholder’s views on the need for the payment made by an ACO pursuant to an paragraph (J) and inserting ‘‘; and’’; and development of quality metrics with respect ACO Beneficiary Incentive Program estab- (3) by adding at the end the following new to longitudinal comprehensive care planning lished under this subsection shall be— subparagraph: services, such as measures related to—

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S764 CONGRESSIONAL RECORD — SENATE February 7, 2018 (A) the process of eliciting input from the goals, values, and preferences of the bene- (2) The utilization of obesity drugs. Medicare beneficiary or from a legally au- ficiary, and the availability of other re- (3) The distribution of Body Mass Index by thorized representative and documenting in sources and social supports that may reduce individuals taking obesity drugs, to the ex- the medical record the patient-directed care the beneficiary’s health risks and promote tent practicable. plan; self-management and shared decision- (4) What is known about the use of obesity (B) the effectiveness and patient- making. drugs in conjunction with the receipt of centeredness of the care plan in organizing (5) SECRETARY.—The term ‘‘Secretary’’ other items or services, such as behavioral delivery of services consistent with the plan; means the Secretary of Health and Human counseling, and how these compare to items (C) the availability of the care plan and as- Services. and services received by obese individuals sociated documentation to other providers Subtitle F—Other Policies to Improve Care who do not take obesity drugs. that care for the beneficiary; and for the Chronically Ill (5) Physician considerations and attitudes (D) the extent to which the beneficiary re- related to prescribing obesity drugs. SEC. 50351. GAO STUDY AND REPORT ON IMPROV- ceived services and support that is free from (6) The extent to which coverage policies discrimination based on advanced age, dis- ING MEDICATION SYNCHRONI- ZATION. cease or limit coverage for individuals who ability status, or advanced illness. (a) STUDY.—The Comptroller General of fail to receive clinical benefit. (7) Stakeholder’s views on how such qual- the United States (in this section referred to (7) What is known about the extent to ity metrics would provide information on— as the ‘‘Comptroller General’’) shall conduct which individuals who take obesity drugs ad- (A) the goals, values, and preferences of a study on the extent to which Medicare pre- here to the prescribed regimen. the beneficiary; scription drug plans (MA–PD plans and stand (8) What is known about the extent to (B) the documentation of the care plan; alone prescription drug plans) under part D which individuals who take obesity drugs (C) services furnished to the beneficiary; of title XVIII of the Social Security Act and maintain weight loss over time. and (9) What is known about the subsequent (D) outcomes of treatment. private payors use programs that syn- chronize pharmacy dispensing so that indi- impact such drugs have on medical services (8) Stakeholder’s views on— that are directly related to obesity, includ- (A) the type of training and education viduals may receive multiple prescriptions on the same day to facilitate comprehensive ing with respect to subpopulations deter- needed for applicable providers, individuals, mined based on the extent of obesity. and caregivers in order to facilitate longitu- counseling and promote medication adher- ence. The study shall include a analysis of (10) What is known about the spending as- dinal comprehensive care planning services; sociated with the care of individuals who (B) the types of providers of services and the following: (1) The extent to which pharmacies have take obesity drugs, compared to the spend- suppliers that should be included in the ing associated with the care of individuals interdisciplinary team of an applicable pro- adopted such programs. (2) The common characteristics of such who do not take such drugs. vider; and (b) REPORT.—Not later than 18 months (C) the characteristics of Medicare bene- programs, including how pharmacies struc- ture counseling sessions under such pro- after the date of the enactment of this Act, ficiaries that would be most appropriate to the Comptroller General shall submit to grams and the types of payment and other receive longitudinal comprehensive care Congress a report containing the results of arrangements that Medicare prescription planning services, such as individuals with the study under subsection (a), together with drug plans and private payors employ under advanced disease and individuals who need recommendations for such legislation and such programs to support the efforts of phar- assistance with multiple activities of daily administrative action as the Comptroller living. macies. General determines appropriate. (3) How such programs compare for Medi- (9) Stakeholder’s views on the frequency SEC. 50353. HHS STUDY AND REPORT ON LONG- with which longitudinal comprehensive care care prescription drug plans and private TERM RISK FACTORS FOR CHRONIC planning services should be furnished. payors. CONDITIONS AMONG MEDICARE (b) REPORT.—Not later than 18 months (4) What is known about how such pro- BENEFICIARIES. after the date of the enactment of this Act, grams affect patient medication adherence (a) STUDY.—The Secretary of Health and the Comptroller General shall submit to and overall patient health outcomes, includ- Human Services (in this section referred to Congress a report containing the results of ing if adherence and outcomes vary by pa- as the ‘‘Secretary’’) shall conduct a study on the study conducted under subsection (a), to- tient subpopulations, such as disease state long-term cost drivers to the Medicare pro- gether with recommendations for such legis- and socioeconomic status. gram, including obesity, tobacco use, mental lation and administrative action as the (5) What is known about overall patient health conditions, and other factors that Comptroller General determines appropriate. satisfaction with such programs and satis- may contribute to the deterioration of (c) DEFINITIONS.—In this section: faction with such programs, including within health conditions among individuals with (1) APPLICABLE PROVIDER.—The term ‘‘ap- patient subpopulations, such as disease state chronic conditions in the Medicare popu- plicable provider’’ means a hospice program and socioeconomic status. lation. The study shall include an analysis of (as defined in subsection (dd)(2) of section (6) The extent to which laws and regula- any barriers to collecting and analyzing such 1861 of the Social Security Act (42 U.S.C. tions of the Medicare program support such information and how to remove any such 1395ww)) or other provider of services (as de- programs. barriers (including through legislation and fined in subsection (u) of such section) or (7) Barriers to the use of medication syn- administrative actions). supplier (as defined in subsection (d) of such chronization programs by Medicare prescrip- (b) REPORT.—Not later than 18 months section) that— tion drug plans. after the date of the enactment of this Act, (A) furnishes longitudinal comprehensive (b) REPORT.—Not later than 18 months the Secretary shall submit to Congress a re- care planning services through an inter- after the date of the enactment of this Act, port containing the results of the study disciplinary team; and the Comptroller General shall submit to under subsection (a), together with rec- (B) meets such other requirements as the Congress a report containing the results of ommendations for such legislation and ad- ministrative action as the Secretary deter- Secretary may determine to be appropriate. the study under subsection (a), together with mines appropriate. The Secretary shall also (2) COMPTROLLER GENERAL.—The term recommendations for such legislation and post such report on the Internet website of ‘‘Comptroller General’’ means the Comp- administrative action as the Comptroller the Department of Health and Human Serv- troller General of the United States. General determines appropriate. ices. (3) INTERDISCIPLINARY TEAM.—The term SEC. 50352. GAO STUDY AND REPORT ON IMPACT SEC. 50354. PROVIDING PRESCRIPTION DRUG ‘‘interdisciplinary team’’ means a group OF OBESITY DRUGS ON PATIENT PLANS WITH PARTS A AND B CLAIMS HEALTH AND SPENDING. that— DATA TO PROMOTE THE APPRO- (A) includes the personnel described in sub- (a) STUDY.—The Comptroller General of PRIATE USE OF MEDICATIONS AND section (dd)(2)(B)(i) of such section 1861; the United States (in this section referred to IMPROVE HEALTH OUTCOMES. (B) may include a chaplain, minister, or as the ‘‘Comptroller General’’) shall, to the Section 1860D–4(c) of the Social Security other clergy; and extent data are available, conduct a study on Act (42 U.S.C. 1395w–104(c)) is amended by (C) may include other direct care per- the use of prescription drugs to manage the adding at the end the following new para- sonnel. weight of obese patients and the impact of graph: (4) LONGITUDINAL COMPREHENSIVE CARE coverage of such drugs on patient health and ‘‘(6) PROVIDING PRESCRIPTION DRUG PLANS PLANNING SERVICES.—The term ‘‘longitudinal on health care spending. Such study shall ex- WITH PARTS A AND B CLAIMS DATA TO PROMOTE comprehensive care planning services’’ amine the use and impact of these obesity THE APPROPRIATE USE OF MEDICATIONS AND IM- means a voluntary shared decisionmaking drugs in the non-Medicare population and for PROVE HEALTH OUTCOMES.— process that is furnished by an applicable Medicare beneficiaries who have such drugs ‘‘(A) PROCESS.—Subject to subparagraph provider through an interdisciplinary team covered through an MA–PD plan (as defined (B), the Secretary shall establish a process and includes a conversation with Medicare in section 1860D–1(a)(3)(C) of the Social Secu- under which a PDP sponsor of a prescription beneficiaries who have received a diagnosis rity Act (42 U.S.C. 1395w–101(a)(3)(C))) as a drug plan may submit a request for the Sec- of a serious or life-threatening illness. The supplemental health care benefit. The study retary to provide the sponsor, on a periodic purpose of such services is to discuss a longi- shall include an analysis of the following: basis and in an electronic format, beginning tudinal care plan that addresses the progres- (1) The prevalence of obesity in the Medi- in plan year 2020, data described in subpara- sion of the disease, treatment options, the care and non-Medicare population. graph (D) with respect to enrollees in such

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plan. Such data shall be provided without re- ‘‘(B) PAYMENT METHODOLOGY.—For pur- units described in this clause, with respect gard to whether such enrollees are described poses of this paragraph, the Secretary shall to drugs included in payment category 1 de- in clause (ii) of paragraph (2)(A). establish a payment methodology, with re- scribed in subparagraph (C)(i), are one unit ‘‘(B) PURPOSES.—A PDP sponsor may use spect to items and services described in sub- of HCPCS code 96365 plus three units of the data provided to the sponsor pursuant to paragraph (A)(i). Under such payment meth- HCPCS code 96366 (as identified as of Janu- subparagraph (A) for any of the following odology the Secretary shall— ary 1, 2018, and as subsequently modified by purposes: ‘‘(i) create the three payment categories the Secretary). ‘‘(i) To optimize therapeutic outcomes described in clauses (i), (ii), and (iii) of sub- ‘‘(iii) PAYMENT AMOUNT FOR CATEGORY 2.— through improved medication use, as such paragraph (C); For purposes of clause (i), the codes and phrase is used in clause (i) of paragraph ‘‘(ii) assign drugs to such categories, in ac- units described in this clause, with respect (2)(A). cordance with such clauses; to drugs included in payment category 2 de- ‘‘(ii) To improving care coordination so as ‘‘(iii) assign appropriate Healthcare Com- scribed in subparagraph (C)(i), are one unit to prevent adverse health outcomes, such as mon Procedure Coding System (HCPCS) of HCPCS code 96369 plus three units of preventable emergency department visits codes to each payment category; and HCPCS code 96370 (as identified as of Janu- and hospital readmissions. ‘‘(iv) establish a single payment amount ary 1, 2018, and as subsequently modified by ‘‘(iii) For any other purpose determined ap- for each such payment category, in accord- the Secretary). propriate by the Secretary. ance with subparagraph (D), for each infu- ‘‘(iv) PAYMENT AMOUNT FOR CATEGORY 3.— ‘‘(C) LIMITATIONS ON DATA USE.—A PDP sion drug administration calendar day in the For purposes of clause (i), the codes and sponsor shall not use data provided to the individual’s home for drugs assigned to such units described in this clause, with respect sponsor pursuant to subparagraph (A) for category. to drugs included in payment category 3 de- any of the following purposes: ‘‘(C) PAYMENT CATEGORIES.— scribed in subparagraph (C)(i), are one unit ‘‘(i) To inform coverage determinations ‘‘(i) PAYMENT CATEGORY 1.—The Secretary of HCPCS code 96413 plus three units of under this part. shall create a payment category 1 and assign HCPCS code 96415 (as identified as of Janu- ‘‘(ii) To conduct retroactive reviews of to such category drugs which are covered ary 1, 2018, and as subsequently modified by medically accepted indications determina- under the Local Coverage Determination on the Secretary). tions. External Infusion Pumps (LCD number ‘‘(E) CLARIFICATIONS.— ‘‘(iii) To facilitate enrollment changes to a L33794) and billed with the following HCPCS ‘‘(i) INFUSION DRUG ADMINISTRATION DAY.— different prescription drug plan or an MA– codes (as identified as of January 1, 2018, and For purposes of this subsection, with respect PD plan offered by the same parent organiza- as subsequently modified by the Secretary): to the furnishing of transitional home infu- tion. J0133, J0285, J0287, J0288, J0289, J0895, J1170, sion drugs or home infusion drugs to an indi- ‘‘(iv) To inform marketing of benefits. J1250, J1265, J1325, J1455, J1457, J1570, J2175, vidual by an eligible home infusion supplier ‘‘(v) For any other purpose that the Sec- J2260, J2270, J2274, J2278, J3010, or J3285. or a qualified home infusion therapy sup- retary determines is necessary to include in ‘‘(ii) PAYMENT CATEGORY 2.—The Secretary plier, a reference to payment to such sup- order to protect the identity of individuals shall create a payment category 2 and assign plier for an infusion drug administration cal- entitled to, or enrolled for, benefits under to such category drugs which are covered endar day in the individual’s home shall this title and to protect the security of per- under such local coverage determination and refer to payment only for the date on which sonal health information. billed with the following HCPCS codes (as professional services (as described in section ‘‘(D) DATA DESCRIBED.—The data described identified as of January 1, 2018, and as subse- 1861(iii)(2)(A)) were furnished to administer in this clause are standardized extracts (as quently modified by the Secretary): J1555 such drugs to such individual. For purposes determined by the Secretary) of claims data JB, J1559 JB, J1561 JB, J1562 JB, J1569 JB, or of the previous sentence, an infusion drug under parts A and B for items and services J1575 JB. administration calendar day shall include all furnished under such parts for time periods ‘‘(iii) PAYMENT CATEGORY 3.—The Secretary such drugs administered to such individual specified by the Secretary. Such data shall shall create a payment category 3 and assign on such day. include data as current as practicable.’’. to such category drugs which are covered ‘‘(ii) TREATMENT OF MULTIPLE DRUGS ADMIN- TITLE IV—PART B IMPROVEMENT ACT under such local coverage determination and ISTERED ON SAME INFUSION DRUG ADMINISTRA- AND OTHER PART B ENHANCEMENTS billed with the following HCPCS codes (as TION DAY.—In the case that an eligible home Subtitle A—Medicare Part B Improvement identified as of January 1, 2018, and as subse- infusion supplier, with respect to an infusion Act quently modified by the Secretary): J9000, drug administration calendar day in an indi- J9039, J9040, J9065, J9100, J9190, J9200, J9360, vidual’s home, furnishes to such individual SEC. 50401. HOME INFUSION THERAPY SERVICES or J9370. TEMPORARY TRANSITIONAL PAY- transitional home infusion drugs which are MENT. ‘‘(iv) INFUSION DRUGS NOT OTHERWISE IN- not all assigned to the same payment cat- (a) IN GENERAL.—Section 1834(u) of the So- CLUDED.—With respect to drugs that are not egory under subparagraph (C), payment to cial Security Act (42 U.S.C. 1395m(u)) is included in payment category 1, 2, or 3 under such supplier for such infusion drug adminis- clause (i), (ii), or (iii), respectively, the Sec- amended, by adding at the end the following tration calendar day in the individual’s retary shall assign to the most appropriate new paragraph: home shall be a single payment equal to the of such categories, as determined by the Sec- ‘‘(7) HOME INFUSION THERAPY SERVICES TEM- amount of payment under this paragraph for retary, drugs which are— PORARY TRANSITIONAL PAYMENT.— the drug, among all such drugs so furnished ‘‘(I) covered under such local coverage de- ‘‘(A) TEMPORARY TRANSITIONAL PAYMENT.— to such individual during such calendar day, termination and billed under HCPCS codes ‘‘(i) IN GENERAL.—The Secretary shall, in for which the highest payment would be J7799 or J7999 (as identified as of July 1, 2017, accordance with the payment methodology made under this paragraph. and as subsequently modified by the Sec- described in subparagraph (B) and subject to ‘‘(F) ELIGIBLE HOME INFUSION SUPPLIERS.— retary); or the provisions of this paragraph, provide a In this paragraph, the term ‘eligible home ‘‘(II) billed under any code that is imple- home infusion therapy services temporary infusion supplier’ means a supplier that is mented after the date of the enactment of transitional payment under this part to an enrolled under this part as a pharmacy that this paragraph and included in such local eligible home infusion supplier (as defined in provides external infusion pumps and exter- coverage determination or included in sub- subparagraph (F)) for items and services de- nal infusion pump supplies and that main- regulatory guidance as a home infusion drug scribed in subparagraphs (A) and (B) of sec- tains all pharmacy licensure requirements in described in subparagraph (A)(i). tion 1861(iii)(2)) furnished during the period the State in which the applicable infusion ‘‘(D) PAYMENT AMOUNTS.— specified in clause (ii) by such supplier in co- drugs are administered. ordination with the furnishing of transi- ‘‘(i) IN GENERAL.—Under the payment ‘‘(G) IMPLEMENTATION.—Notwithstanding methodology, the Secretary shall pay eligi- tional home infusion drugs (as defined in any other provision of law, the Secretary ble home infusion suppliers, with respect to clause (iii)). may implement this paragraph by program ERIOD SPECIFIED.—For purposes of items and services described in subparagraph ‘‘(ii) P instruction or otherwise.’’. (A)(i) furnished during the period described clause (i), the period specified in this clause (b) CONFORMING AMENDMENTS.—(1) Section is the period beginning on January 1, 2019, in subparagraph (A)(ii) by such supplier to 1842(b)(6)(I) of the Social Security Act (42 and ending on the day before the date of the an individual, at amounts equal to the U.S.C. 1395u(b)(6)(I)) is amended by inserting implementation of the payment system amounts determined under the physician fee ‘‘or, in the case of items and services de- under paragraph (1)(A). schedule established under section 1848 for scribed in clause (i) of section 1834(u)(7)(A) ‘‘(iii) TRANSITIONAL HOME INFUSION DRUG services furnished during the year for codes furnished to an individual during the period DEFINED.—For purposes of this paragraph, and units of such codes described in clauses described in clause (ii) of such section, pay- the term ‘transitional home infusion drug’ (ii), (iii), and (iv) with respect to drugs in- ment shall be made to the eligible home in- has the meaning given to the term ‘home in- cluded in the payment category under sub- fusion therapy supplier’’ after ‘‘payment fusion drug’ under section 1861(iii)(3)(C)), ex- paragraph (C) specified in the respective shall be made to the qualified home infusion cept that clause (ii) of such section shall not clause, determined without application of therapy supplier’’. apply if a drug described in such clause is the geographic adjustment under subsection (2) Section 5012(d) of the 21st Century identified in clauses (i), (ii), (iii) or (iv) of (e) of such section. Cures Act is amended by inserting the fol- subparagraph (C) as of the date of the enact- ‘‘(ii) PAYMENT AMOUNT FOR CATEGORY 1.— lowing before the period at the end: ‘‘, except ment of this paragraph. For purposes of clause (i), the codes and that the amendments made by paragraphs (1)

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Section 1834(h) of the Social Security Act RANGEMENTS PURSUANT TO THE STARK Section 1834(a)(2)(A)(iv) of the Social Secu- (42 U.S.C. 1395m(h)) is amended by adding at RULE.— rity Act (42 U.S.C. 1395m(a)(2)(A)(iv)) is the end the following new paragraph: (1) WRITING REQUIREMENT.—Section amended by striking ‘‘and before October 1, ‘‘(5) DOCUMENTATION CREATED BY 1877(h)(1) of the Social Security Act (42 2018,’’. ORTHOTISTS AND PROSTHETISTS.—For purposes U.S.C. 1395nn(h)(1)) is amended by adding at SEC. 50412. INCREASED CIVIL AND CRIMINAL of determining the reasonableness and med- the end the following new subparagraph: PENALTIES AND INCREASED SEN- ical necessity of orthotics and prosthetics, ‘‘(D) WRITTEN REQUIREMENT CLARIFIED.—In TENCES FOR FEDERAL HEALTH documentation created by an orthotist or the case of any requirement pursuant to this CARE PROGRAM FRAUD AND ABUSE. prosthetist shall be considered part of the in- section for a compensation arrangement to (a) INCREASED CIVIL MONEY PENALTIES AND dividual’s medical record to support docu- be in writing, such requirement shall be sat- CRIMINAL FINES.— mentation created by eligible professionals isfied by such means as determined by the (1) INCREASED CIVIL MONEY PENALTIES.— described in section 1848(k)(3)(B).’’. Secretary, including by a collection of docu- Section 1128A of the Social Security Act (42 U.S.C. 1320a–7a) is amended— SEC. 50403. INDEPENDENT ACCREDITATION FOR ments, including contemporaneous docu- DIALYSIS FACILITIES AND ASSUR- ments evidencing the course of conduct be- (A) in subsection (a), in the matter fol- ANCE OF HIGH QUALITY SURVEYS. tween the parties involved.’’. lowing paragraph (10)— (a) ACCREDITATION AND SURVEYS.— (2) SIGNATURE REQUIREMENT.—Section (i) by striking ‘‘$10,000’’ and inserting (1) IN GENERAL.—Section 1865 of the Social 1877(h)(1) of the Social Security Act (42 ‘‘$20,000’’ each place it appears; Security Act (42 U.S.C. 1395bb) is amended— U.S.C. 1395nn(h)(1)), as amended by para- (ii) by striking ‘‘$15,000’’ and inserting (A) in subsection (a)— graph (1), is further amended by adding at ‘‘$30,000’’; and (i) in paragraph (1), in the matter pre- the end the following new subparagraph: (iii) by striking ‘‘$50,000’’ and inserting ‘‘$100,000’’ each place it appears; and ceding subparagraph (A), by striking ‘‘or the ‘‘(E) SPECIAL RULE FOR SIGNATURE REQUIRE- (B) in subsection (b)— conditions and requirements under section MENTS.—In the case of any requirement pur- (i) in paragraph (1), in the flush text fol- 1881(b)’’; and suant to this section for a compensation ar- lowing subparagraph (B), by striking ‘‘$2,000’’ (ii) in paragraph (4), by inserting ‘‘(includ- rangement to be in writing and signed by the and inserting ‘‘$5,000’’; ing a renal dialysis facility)’’ after ‘‘facil- parties, such signature requirement shall be (ii) in paragraph (2), by striking ‘‘$2,000’’ ity’’; and met if— and inserting ‘‘$5,000’’; and (B) by adding at the end the following new ‘‘(i) not later than 90 consecutive calendar (iii) in paragraph (3)(A)(i), by striking subsection: days immediately following the date on ‘‘$5,000’’ and inserting ‘‘$10,000’’. ‘‘(e) With respect to an accreditation body which the compensation arrangement be- (2) INCREASED CRIMINAL FINES.—Section that has received approval from the Sec- came noncompliant, the parties obtain the 1128B of such Act (42 U.S.C. 1320a–7b) is retary under subsection (a)(3)(A) for accredi- required signatures; and tation of provider entities that are required amended— ‘‘(ii) the compensation arrangement other- (A) in subsection (a), in the matter fol- to meet the conditions and requirements wise complies with all criteria of the appli- under section 1881(b), in addition to review lowing paragraph (6)— cable exception.’’. and oversight authorities otherwise applica- (i) by striking ‘‘$25,000’’ and inserting ble under this title, the Secretary shall (as (b) INDEFINITE HOLDOVER FOR LEASE AR- ‘‘$100,000’’; and the Secretary determines appropriate) con- RANGEMENTS AND PERSONAL SERVICES AR- (ii) by striking ‘‘$10,000’’ and inserting duct, with respect to such accreditation body RANGEMENTS PURSUANT TO THE STARK ‘‘$20,000’’; and provider entities, any or all of the fol- RULE.—Section 1877(e) of the Social Security (B) in subsection (b)— (i) in paragraph (1), in the flush text fol- lowing as frequently as is otherwise required Act (42 U.S.C. 1395nn(e)) is amended— lowing subparagraph (B), by striking to be conducted under this title with respect (1) in paragraph (1), by adding at the end to other accreditation bodies or other pro- ‘‘$25,000’’ and inserting ‘‘$100,000’’; and the following new subparagraph: vider entities: (ii) in paragraph (2), in the flush text fol- ‘‘(C) HOLDOVER LEASE ARRANGEMENTS.—In ‘‘(1) Validation surveys referred to in sub- lowing subparagraph (B), by striking the case of a holdover lease arrangement for section (d). ‘‘$25,000’’ and inserting ‘‘$100,000’’; the lease of office space or equipment, which ‘‘(2) Accreditation program reviews (as de- (C) in subsection (c), by striking ‘‘$25,000’’ immediately follows a lease arrangement de- fined in section 488.8(c) of title 42 of the Code and inserting ‘‘$100,000’’; scribed in subparagraph (A) for the use of of Federal Regulations, or a successor regu- (D) in subsection (d), in the flush text fol- such office space or subparagraph (B) for the lation). lowing paragraph (2), by striking ‘‘$25,000’’ use of such equipment and that expired after ‘‘(3) Performance reviews (as defined in and inserting ‘‘$100,000’’; and a term of at least 1 year, payments made by section 488.8(a) of title 42 of the Code of Fed- (E) in subsection (e), by striking ‘‘$2,000’’ the lessee to the lessor pursuant to such eral Regulations, or a successor regula- and inserting ‘‘$4,000’’. holdover lease arrangement, if— tion).’’. (b) INCREASED SENTENCES FOR FELONIES IN- ‘‘(i) the lease arrangement met the condi- (2) TIMING FOR ACCEPTANCE OF REQUESTS VOLVING FEDERAL HEALTH CARE PROGRAM tions of subparagraph (A) for the lease of of- FROM ACCREDITATION ORGANIZATIONS.—Not FRAUD AND ABUSE.— fice space or subparagraph (B) for the use of later than 90 days after the date of enact- (1) FALSE STATEMENTS AND REPRESENTA- equipment when the arrangement expired; ment of this Act, the Secretary of Health TIONS.—Section 1128B(a) of the Social Secu- ‘‘(ii) the holdover lease arrangement is on and Human Services shall begin accepting rity Act (42 U.S.C. 1320a–7b(a)) is amended, in the same terms and conditions as the imme- requests from national accreditation bodies the matter following paragraph (6), by strik- diately preceding arrangement; and for a finding described in section 1865(a)(3)(A) ing ‘‘not more than five years or both, or ‘‘(iii) the holdover arrangement continues of the Social Security Act (42 U.S.C. (ii)’’ and inserting ‘‘not more than 10 years to satisfy the conditions of subparagraph (A) 1395bb(a)(3)(A)) for purposes of accrediting or both, or (ii)’’. for the lease of office space or subparagraph provider entities that are required to meet (2) ANTIKICKBACK.—Section 1128B(b) of such (B) for the use of equipment.’’; and the conditions and requirements under sec- Act (42 U.S.C. 1320a–7b(b)) is amended— (2) in paragraph (3), by adding at the end tion 1881(b) of such Act (42 U.S.C. 1395rr(b)). (A) in paragraph (1), in the flush text fol- the following new subparagraph: (b) REQUIREMENT FOR TIMING OF SURVEYS lowing subparagraph (B), by striking ‘‘not ‘‘(C) HOLDOVER PERSONAL SERVICE AR- OF NEW DIALYSIS FACILITIES.—Section more than five years’’ and inserting ‘‘not 1881(b)(1) of the Social Security Act (42 RANGEMENT.—In the case of a holdover per- more than 10 years’’; and U.S.C. 1395rr(b)(1)) is amended by adding at sonal service arrangement, which imme- (B) in paragraph (2), in the flush text fol- the end the following new sentence: ‘‘Begin- diately follows an arrangement described in lowing subparagraph (B), by striking ‘‘not ning 180 days after the date of the enactment subparagraph (A) that expired after a term of more than five years’’ and inserting ‘‘not of this sentence, an initial survey of a pro- at least 1 year, remuneration from an entity more than 10 years’’. vider of services or a renal dialysis facility pursuant to such holdover personal service (3) FALSE STATEMENT OR REPRESENTATION to determine if the conditions and require- arrangement, if— WITH RESPECT TO CONDITIONS OR OPERATIONS ments under this paragraph are met shall be ‘‘(i) the personal service arrangement met OF FACILITIES.—Section 1128B(c) of such Act initiated not later than 90 days after such the conditions of subparagraph (A) when the (42 U.S.C. 1320a–7b(c)) is amended by striking date on which both the provider enrollment arrangement expired; ‘‘not more than five years’’ and inserting form (without regard to whether such form ‘‘(ii) the holdover personal service arrange- ‘‘not more than 10 years’’. is submitted prior to or after such date of en- ment is on the same terms and conditions as (4) EXCESS CHARGES.—Section 1128B(d) of actment) has been determined by the Sec- the immediately preceding arrangement; and such Act (42 U.S.C. 1320a–7b(d)) is amended, retary to be complete and the provider’s en- ‘‘(iii) the holdover arrangement continues in the flush text following paragraph (2), by rollment status indicates approval is pending to satisfy the conditions of subparagraph striking ‘‘not more than five years’’ and in- the results of such survey.’’. (A).’’. serting ‘‘not more than 10 years’’.

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(c) EFFECTIVE DATE.—The amendments product, or the introduction of a newer TITLE V—OTHER HEALTH EXTENDERS made by this section shall apply to acts com- model or version of the product in the mar- SEC. 50501. EXTENSION FOR FAMILY-TO-FAMILY mitted after the date of the enactment of ket involved.’’. HEALTH INFORMATION CENTERS. this Act. (b) CODIFYING AND EXPANDING ANTI-SWITCH- Section 501(c) of the Social Security Act SEC. 50413. REDUCING THE VOLUME OF FUTURE ING RULE.—Section 1847(b) of the Social Se- (42 U.S.C. 701(c)) is amended— EHR-RELATED SIGNIFICANT HARD- curity Act (42 U.S.C. 1395w–3(b)), as amended (1) in paragraph (1)(A)— SHIP REQUESTS. by subsection (a)(1), is further amended— (A) in clause (v), by striking ‘‘and’’ at the Section 1848(o)(2)(A) of the Social Security (1) by redesignating paragraph (11) as para- end; Act (42 U.S.C. 1395w–4(o)(2)(A)) and section graph (12); and (B) in clause (vi), by striking the period at 1886(n)(3)(A) of such Act (42 U.S.C. (2) by inserting after paragraph (10) the fol- the end and inserting ‘‘; and’’; and 1395ww(n)(3)(A)) are each amended in the last lowing new paragraph: (C) by adding at the end the following new sentence by striking ‘‘by requiring’’ and all ‘‘(11) ADDITIONAL SPECIAL RULES IN CASE OF that follows through ‘‘this paragraph’’. clause: COMPETITION FOR DIABETIC TESTING STRIPS.— ‘‘(vii) $6,000,000 for each of fiscal years 2018 SEC. 50414. STRENGTHENING RULES IN CASE OF COMPETITION FOR DIABETIC TEST- ‘‘(A) IN GENERAL.—With respect to an enti- and 2019.’’; ING STRIPS. ty that is furnishing diabetic testing strip (2) in paragraph (3)(C), by inserting before (a) SPECIAL RULE IN CASE OF COMPETITION products to individuals under a contract en- the period the following: ‘‘, and with respect FOR DIABETIC TESTING STRIPS.— tered into under the competitive acquisition to fiscal years 2018 and 2019, such centers (1) IN GENERAL.—Paragraph (10) of section program established under this section, the shall also be developed in all territories and 1847(b) of the Social Security Act (42 U.S.C. entity shall furnish to each individual a at least one such center shall be developed 1395w–3(b)) is amended— brand of such products that is compatible for Indian tribes’’; and (A) in subparagraph (A), by striking the with the home blood glucose monitor se- (3) by amending paragraph (5) to read as second sentence and inserting the following lected by the individual. follows: new sentence: ‘‘With respect to bids to fur- ‘‘(B) PROHIBITION ON INFLUENCING AND ‘‘(5) For purposes of this subsection— nish such types of products on or after Janu- INCENTIVIZING.—An entity described in sub- ‘‘(A) the term ‘Indian tribe’ has the mean- ary 1, 2019, the volume for such types of prod- paragraph (A) may not attempt to influence ing given such term in section 4 of the Indian ucts shall be determined by the Secretary or incentivize an individual to switch the Health Care Improvement Act (25 U.S.C. through the use of multiple sources of data brand of glucose monitor or diabetic testing 1603); (from mail order and non-mail order Medi- strip product selected by the individual, in- ‘‘(B) the term ‘State’ means each of the 50 care markets), including market-based data cluding by— States and the District of Columbia; and measuring sales of diabetic testing strip ‘‘(i) persuading, pressuring, or advising the ‘‘(C) the term ‘territory’ means Puerto products that are not exclusively sold by a individual to switch; or Rico, Guam, American Samoa, the Virgin Is- single retailer from such markets.’’; and ‘‘(ii) furnishing information about alter- lands, and the Northern Mariana Islands.’’. (B) by adding at the end the following new native brands to the individual where the in- SEC. 50502. EXTENSION FOR SEXUAL RISK AVOID- subparagraphs: dividual has not requested such information. ANCE EDUCATION. ‘‘(C) DEMONSTRATION OF ABILITY TO FURNISH ‘‘(C) PROVISION OF INFORMATION.— (a) IN GENERAL.—Section 510 of the Social TYPES OF DIABETIC TESTING STRIP PRODUCTS.— ‘‘(i) STANDARDIZED INFORMATION.—Not later Security Act (42 U.S.C. 710) is amended to With respect to bids to furnish diabetic test- than January 1, 2019, the Secretary shall de- read as follows: ing strip products on or after January 1, 2019, velop and make available to entities de- ‘‘SEC. 510. SEXUAL RISK AVOIDANCE EDUCATION. an entity shall attest to the Secretary that scribed in subparagraph (A) standardized in- ‘‘(a) IN GENERAL.— the entity has the ability to obtain an inven- formation that describes the rights of an in- ‘‘(1) ALLOTMENTS TO STATES.—For the pur- tory of the types and quantities of diabetic dividual with respect to such an entity. The pose described in subsection (b), the Sec- testing strip products that will allow the en- information described in the preceding sen- retary shall, for each of fiscal years 2018 and tity to furnish such products in a manner tence shall include information regarding— 2019, allot to each State which has trans- consistent with its bid and— ‘‘(I) the requirements established under mitted an application for the fiscal year ‘‘(i) demonstrate to the Secretary, through subparagraphs (A) and (B); under section 505(a) an amount equal to the letters of intent with manufacturers, whole- ‘‘(II) the right of the individual to purchase product of— salers, or other suppliers, or other evidence diabetic testing strip products from another ‘‘(A) the amount appropriated pursuant to as the Secretary may specify, such ability; mail order supplier of such products or a re- subsection (e)(1) for the fiscal year, minus or tail pharmacy if the entity is not able to fur- the amount reserved under subsection (e)(2) ‘‘(ii) demonstrate to the Secretary that it nish the brand of such product that is com- for the fiscal year; and made a good faith attempt to obtain such a patible with the home blood glucose monitor ‘‘(B) the proportion that the number of letter of intent or such other evidence. selected by the individual; and low-income children in the State bears to ‘‘(D) USE OF UNLISTED TYPES IN CALCULA- ‘‘(III) the right of the individual to return the total of such numbers of children for all TION OF PERCENTAGE.—With respect to bids to diabetic testing strip products furnished to the States. furnish diabetic testing strip products on or the individual by the entity. ‘‘(2) OTHER ALLOTMENTS.— after January 1, 2019, in determining under ‘‘(ii) REQUIREMENT.—With respect to dia- ‘‘(A) OTHER ENTITIES.—For the purpose de- subparagraph (A) whether a bid submitted by betic testing strip products furnished on or scribed in subsection (b), the Secretary shall, an entity under such subparagraph covers 50 after the date on which the Secretary devel- for each of fiscal years 2018 and 2019, for any percent (or such higher percentage as the ops the standardized information under State which has not transmitted an applica- Secretary may specify) of all types of dia- clause (i), an entity described in subpara- tion for the fiscal year under section 505(a), betic testing strip products, the Secretary graph (A) may not communicate directly to allot to one or more entities in the State the may not attribute a percentage to types of an individual until the entity has verbally amount that would have been allotted to the diabetic testing strip products that the Sec- provided the individual with such standard- State under paragraph (1) if the State had retary does not identify by brand, model, and ized information. submitted such an application. market share volume. ‘‘(D) ORDER REFILLS.—With respect to dia- ‘‘(B) PROCESS.—The Secretary shall select ‘‘(E) ADHERENCE TO DEMONSTRATION.— betic testing strip products furnished on or the recipients of allotments under subpara- ‘‘(i) IN GENERAL.—In the case of an entity after January 1, 2019, the Secretary shall re- graph (A) by means of a competitive grant that is furnishing diabetic testing strip prod- quire an entity furnishing diabetic testing process under which— ucts on or after January 1, 2019, under a con- strip products to an individual to contact ‘‘(i) not later than 30 days after the dead- tract entered into under the competition and receive a request from the individual for line for the State involved to submit an ap- conducted pursuant to paragraph (1), the such products not more than 14 days prior to plication for the fiscal year under section Secretary shall establish a process to mon- dispensing a refill of such products to the in- 505(a), the Secretary publishes a notice solic- itor, on an ongoing basis, the extent to dividual.’’. iting grant applications; and which such entity continues to cover the (c) IMPLEMENTATION; NON-APPLICATION OF ‘‘(ii) not later than 120 days after such product types included in the entity’s bid. THE PAPERWORK REDUCTION ACT.— deadline, all such applications must be sub- ‘‘(ii) TERMINATION.—If the Secretary deter- (1) IMPLEMENTATION.—Notwithstanding any mitted. mines that an entity described in clause (i) other provision of law, the Secretary of ‘‘(b) PURPOSE.— fails to maintain in inventory, or otherwise Health and Human Services may implement ‘‘(1) IN GENERAL.—Except for research maintain ready access to (through require- the provisions of, and amendments made by, under paragraph (5) and information collec- ments, contracts, or otherwise) a type of this section by program instruction or other- tion and reporting under paragraph (6), the product included in the entity’s bid, the Sec- wise. purpose of an allotment under subsection (a) retary may terminate such contract unless (2) NON-APPLICATION OF THE PAPERWORK RE- to a State (or to another entity in the State the Secretary finds that the failure of the DUCTION ACT.—Chapter 35 of title 44, United pursuant to subsection (a)(2)) is to enable the entity to maintain inventory of, or ready ac- States Code (commonly referred to as the State or other entity to implement edu- cess to, the product is the result of the dis- ‘‘Paperwork Reduction Act of 1995’’), shall cation exclusively on sexual risk avoidance continuation of the product by the product not apply to this section or the amendments (meaning voluntarily refraining from sexual manufacturer, a market-wide shortage of the made by this section. activity).

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‘‘(2) REQUIRED COMPONENTS.—Education on ‘‘(B) submit a report to the Congress on the awarded for any of fiscal years 2015 through sexual risk avoidance pursuant to an allot- results of such evaluations, together with a 2017’’; ment under this section shall— summary of the information collected pursu- (3) in subsection (c)(1), by inserting after ‘‘(A) ensure that the unambiguous and pri- ant to subsection (b)(6). ‘‘youth with HIV/AIDS,’’ the following: ‘‘vic- mary emphasis and context for each topic ‘‘(2) CONSULTATION.—In conducting the tims of human trafficking,’’; and described in paragraph (3) is a message to evaluations required by paragraph (1), in- (4) in subsection (f), by striking ‘‘2017’’ and youth that normalizes the optimal health be- cluding the establishment of rigorous eval- inserting ‘‘2019’’. havior of avoiding nonmarital sexual activ- uation methodologies, the Secretary shall (b) EFFECTIVE DATE.—The amendments ity; consult with relevant stakeholders and eval- made by this section shall take effect as if ‘‘(B) be medically accurate and complete; uation experts. enacted on October 1, 2017. ‘‘(C) be age-appropriate; ‘‘(d) APPLICABILITY OF CERTAIN PROVI- ‘‘(D) be based on adolescent learning and SIONS.— TITLE VI—CHILD AND FAMILY SERVICES developmental theories for the age group re- ‘‘(1) Sections 503, 507, and 508 apply to al- AND SUPPORTS EXTENDERS ceiving the education; and lotments under subsection (a) to the same Subtitle A—Continuing the Maternal, Infant, ‘‘(E) be culturally appropriate, recognizing extent and in the same manner as such sec- and Early Childhood Home Visiting Program the experiences of youth from diverse com- tions apply to allotments under section 502(c). SEC. 50601. CONTINUING EVIDENCE-BASED HOME munities, backgrounds, and experiences. VISITING PROGRAM. ‘‘(3) TOPICS.—Education on sexual risk ‘‘(2) Sections 505 and 506 apply to allot- avoidance pursuant to an allotment under ments under subsection (a) to the extent de- Section 511(j)(1)(H) of the Social Security this section shall address each of the fol- termined by the Secretary to be appropriate. Act (42 U.S.C. 711(j)(1)(H)) is amended by lowing topics: ‘‘(e) DEFINITIONS.—In this section: striking ‘‘fiscal year 2017’’ and inserting ‘‘(A) The holistic individual and societal ‘‘(1) The term ‘age-appropriate’ means suit- ‘‘each of fiscal years 2017 through 2022’’. benefits associated with personal responsi- able (in terms of topics, messages, and teach- SEC. 50602. CONTINUING TO DEMONSTRATE RE- bility, self-regulation, goal setting, healthy ing methods) to the developmental and so- SULTS TO HELP FAMILIES. cial maturity of the particular age or age decisionmaking, and a focus on the future. (a) REQUIRE SERVICE DELIVERY MODELS TO group of children or adolescents, based on de- ‘‘(B) The advantage of refraining from non- DEMONSTRATE IMPROVEMENT IN APPLICABLE veloping cognitive, emotional, and behav- marital sexual activity in order to improve BENCHMARK AREAS.—Section 511 of the So- ioral capacity typical for the age or age the future prospects and physical and emo- cial Security Act (42 U.S.C. 711) is amended group. tional health of youth. in each of subsections (d)(1)(A) and (h)(4)(A) ‘‘(2) The term ‘medically accurate and ‘‘(C) The increased likelihood of avoiding by striking ‘‘each of’’. complete’ means verified or supported by the poverty when youth attain self-sufficiency (b) DEMONSTRATION OF IMPROVEMENTS IN and emotional maturity before engaging in weight of research conducted in compliance with accepted scientific methods and— SUBSEQUENT YEARS.—Section 511(d)(1) of sexual activity. such Act (42 U.S.C. 711(d)(1)) is amended by ‘‘(D) The foundational components of ‘‘(A) published in peer-reviewed journals, where applicable; or adding at the end the following: healthy relationships and their impact on ‘‘(D) DEMONSTRATION OF IMPROVEMENTS IN the formation of healthy marriages and safe ‘‘(B) comprising information that leading professional organizations and agencies with SUBSEQUENT YEARS.— and stable families. ‘‘(i) CONTINUED MEASUREMENT OF IMPROVE- ‘‘(E) How other youth risk behaviors, such relevant expertise in the field recognize as accurate, objective, and complete. MENT IN APPLICABLE BENCHMARK AREAS.—The as drug and alcohol usage, increase the risk eligible entity, after demonstrating improve- for teen sex. ‘‘(3) The term ‘rigorous’, with respect to research or evaluation, means using— ments for eligible families as specified in ‘‘(F) How to resist and avoid, and receive subparagraphs (A) and (B), shall continue to help regarding, sexual coercion and dating ‘‘(A) established scientific methods for measuring the impact of an intervention or track and report, not later than 30 days after violence, recognizing that even with consent the end of fiscal year 2020 and every 3 years teen sex remains a youth risk behavior. program model in changing behavior (specifi- cally sexual activity or other sexual risk be- thereafter, information demonstrating that ‘‘(4) CONTRACEPTION.—Education on sexual haviors), or reducing pregnancy, among the program results in improvements for the risk avoidance pursuant to an allotment eligible families participating in the pro- under this section shall ensure that— youth; or ‘‘(B) other evidence-based methodologies gram in at least 4 of the areas specified in ‘‘(A) any information provided on contra- subparagraph (A) that the service delivery ception is medically accurate and complete established by the Secretary for purposes of this section. model or models selected by the entity are and ensures that students understand that intended to improve. contraception offers physical risk reduction, ‘‘(4) The term ‘youth’ refers to one or more individuals who have attained age 10 but not ‘‘(ii) CORRECTIVE ACTION PLAN.—If the eligi- but not risk elimination; and ble entity fails to demonstrate improvement ‘‘(B) the education does not include dem- age 20. ‘‘(f) FUNDING.— in at least 4 of the areas specified in subpara- onstrations, simulations, or distribution of ‘‘(1) IN GENERAL.—To carry out this sec- graph (A), as compared to eligible families contraceptive devices. tion, there is appropriated, out of any money who do not receive services under an early ‘‘(5) RESEARCH.— in the Treasury not otherwise appropriated, childhood home visitation program, the enti- ‘‘(A) IN GENERAL.—A State or other entity $75,000,000 for each of fiscal years 2018 and ty shall develop and implement a plan to im- receiving an allotment pursuant to sub- 2019. prove outcomes in each of the areas specified section (a) may use up to 20 percent of such ‘‘(2) RESERVATION.—The Secretary shall re- in subparagraph (A) that the service delivery allotment to build the evidence base for sex- serve, for each of fiscal years 2018 and 2019, model or models selected by the entity are ual risk avoidance education by conducting not more than 20 percent of the amount ap- intended to improve, subject to approval by or supporting research. propriated pursuant to paragraph (1) for ad- the Secretary. The plan shall include provi- ‘‘(B) REQUIREMENTS.—Any research con- ministering the program under this section, sions for the Secretary to monitor imple- ducted or supported pursuant to subpara- including the conducting of national evalua- mentation of the plan and conduct continued graph (A) shall be— tions and the provision of technical assist- oversight of the program, including through ‘‘(i) rigorous; ance to the recipients of allotments.’’. submission by the entity of regular reports ‘‘(ii) evidence-based; and (b) EFFECTIVE DATE.—The amendment to the Secretary. ‘‘(iii) designed and conducted by inde- made by this section shall take effect as if ‘‘(iii) TECHNICAL ASSISTANCE.—The Sec- pendent researchers who have experience in enacted on October 1, 2017. retary shall provide an eligible entity re- conducting and publishing research in peer- SEC. 50503. EXTENSION FOR PERSONAL RESPON- quired to develop and implement an im- reviewed outlets. SIBILITY EDUCATION. provement plan under clause (ii) with tech- ‘‘(6) INFORMATION COLLECTION AND REPORT- (a) IN GENERAL.—Section 513 of the Social nical assistance to develop and implement ING.—A State or other entity receiving an al- Security Act (42 U.S.C. 713) is amended— the plan. The Secretary may provide the lotment pursuant to subsection (a) shall, as (1) in subsection (a)(1)(A), by striking technical assistance directly or through specified by the Secretary— ‘‘2017’’ and inserting ‘‘2019’’; and grants, contracts, or cooperative agree- ‘‘(A) collect information on the programs (2) in subsection (a)(4)— ments. and activities funded through the allotment; (A) in subparagraph (A), by striking ‘‘2017’’ ‘‘(iv) NO IMPROVEMENT OR FAILURE TO SUB- and each place it appears and inserting ‘‘2019’’; MIT REPORT.—If the Secretary determines ‘‘(B) submit reports to the Secretary on and after a period of time specified by the Sec- the data from such programs and activities. (B) in subparagraph (B)— retary that an eligible entity implementing ‘‘(c) NATIONAL EVALUATION.— (i) in the subparagraph heading, by strik- an improvement plan under clause (ii) has ‘‘(1) IN GENERAL.—The Secretary shall— ing ‘‘3-YEAR GRANTS’’ and inserting ‘‘COM- failed to demonstrate any improvement in at ‘‘(A) in consultation with appropriate PETITIVE PREP GRANTS’’; and least 4 of the areas specified in subparagraph State and local agencies, conduct one or (ii) in clause (i), by striking ‘‘solicit appli- (A), or if the Secretary determines that an more rigorous evaluations of the education cations to award 3-year grants in each of fis- eligible entity has failed to submit the re- funded through this section and associated cal years 2012 through 2017’’ and inserting port required by clause (i), the Secretary data; and ‘‘continue through fiscal year 2019 grants shall terminate the grant made to the entity

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under this section and may include any un- (c) EXTENDED AVAILABILITY OF FUNDS.— porate existing nonproprietary standards, expended grant funds in grants made to non- Section 511(j)(3) of such Act (42 U.S.C. such as the eXtensible Mark up Language. profit organizations under subsection 711(j)(3)) is amended— ‘‘(iv) RULE OF CONSTRUCTION.—Nothing in (h)(2)(B).’’. (1) by striking ‘‘(3) AVAILABILITY.—Funds’’ this paragraph shall be construed to require (c) INCLUDING INFORMATION ON APPLICABLE and inserting the following: a change to existing data exchange standards BENCHMARKS IN APPLICATION.—Section ‘‘(3) AVAILABILITY.— for Federal reporting about a program re- 511(e)(5) of such Act (42 U.S.C. 711(e)(5)) is ‘‘(A) IN GENERAL.—Except as provided in ferred to in this section, if the head of the amended by inserting ‘‘that the service de- subparagraph (B), funds’’; and department or agency responsible for admin- livery model or models selected by the enti- (2) by adding at the end the following: istering the program finds the standards to ty are intended to improve’’ before the pe- ‘‘(B) FUNDS FOR PAY FOR OUTCOMES INITIA- be effective and efficient.’’. riod at the end. TIVES.—Funds made available to an eligible (b) EFFECTIVE DATE.—The amendment SEC. 50603. REVIEWING STATEWIDE NEEDS TO entity under this section for a fiscal year (or made by subsection (a) shall take effect on TARGET RESOURCES. portion of a fiscal year) for a pay for out- the date that is 2 years after the date of en- Section 511(b)(1) of the Social Security Act comes initiative shall remain available for actment of this Act. (42 U.S.C. 711(b)(1)) is amended by striking expenditure by the eligible entity for not SEC. 50607. ALLOCATION OF FUNDS. ‘‘Not later than’’ and all that follows more than 10 years after the funds are so Section 511(j) of the Social Security Act (42 through ‘‘section 505(a))’’ and inserting made available.’’. ‘‘Each State shall, as a condition of receiv- U.S.C. 711(j)) is amended by adding at the SEC. 50606. DATA EXCHANGE STANDARDS FOR IM- end the following: ing payments from an allotment for the PROVED INTEROPERABILITY. ‘‘(4) ALLOCATION OF FUNDS.—To the extent State under section 502, conduct a statewide (a) IN GENERAL.—Section 511(h) of the So- needs assessment (which may be separate cial Security Act (42 U.S.C. 711(h)) is amend- that the grant amount awarded under this from but in coordination with the statewide ed by adding at the end the following: section to an eligible entity is determined on the basis of relative population or poverty needs assessment required under section ‘‘(5) DATA EXCHANGE STANDARDS FOR IM- 505(a) and which shall be reviewed and up- PROVED INTEROPERABILITY.— considerations, the Secretary shall make the dated by the State not later than October 1, ‘‘(A) DESIGNATION AND USE OF DATA EX- determination using the most accurate Fed- 2020)’’. CHANGE STANDARDS.— eral data available for the eligible entity.’’. SEC. 50604. IMPROVING THE LIKELIHOOD OF ‘‘(i) DESIGNATION.—The head of the depart- Subtitle B—Extension of Health Professions SUCCESS IN HIGH-RISK COMMU- ment or agency responsible for admin- Workforce Demonstration Projects NITIES. istering a program funded under this section Section 511(d)(4)(A) of the Social Security SEC. 50611. EXTENSION OF HEALTH WORKFORCE shall, in consultation with an interagency Act (42 U.S.C. 711(d)(4)(A)) is amended by in- DEMONSTRATION PROJECTS FOR work group established by the Office of Man- LOW-INCOME INDIVIDUALS. serting ‘‘, taking into account the staffing, agement and Budget and considering State community resource, and other requirements Section 2008(c)(1) of the Social Security government perspectives, designate data ex- to operate at least one approved model of Act (42 U.S.C. 1397g(c)(1)) is amended by change standards for necessary categories of home visiting and demonstrate improve- striking ‘‘2017’’ and inserting ‘‘2019’’. information that a State agency operating ments for eligible families’’ before the pe- TITLE VII—FAMILY FIRST PREVENTION the program is required to electronically ex- riod. SERVICES ACT change with another State agency under ap- SEC. 50605. OPTION TO FUND EVIDENCE-BASED plicable Federal law. Subtitle A—Investing in Prevention and HOME VISITING ON A PAY FOR OUT- Supporting Families COME BASIS. ‘‘(ii) DATA EXCHANGE STANDARDS MUST BE (a) IN GENERAL.—Section 511(c) of the So- NONPROPRIETARY AND INTEROPERABLE.—The SEC. 50701. SHORT TITLE. cial Security Act (42 U.S.C. 711(c)) is amend- data exchange standards designated under This subtitle may be cited as the ‘‘Bipar- ed by redesignating paragraphs (3) and (4) as clause (i) shall, to the extent practicable, be tisan Budget Act of 2018’’. paragraphs (4) and (5), respectively, and by nonproprietary and interoperable. SEC. 50702. PURPOSE. inserting after paragraph (2) the following: ‘‘(iii) OTHER REQUIREMENTS.—In desig- The purpose of this subtitle is to enable ‘‘(3) AUTHORITY TO USE GRANT FOR A PAY nating data exchange standards under this States to use Federal funds available under FOR OUTCOMES INITIATIVE.—An eligible entity paragraph, the Secretary shall, to the extent parts B and E of title IV of the Social Secu- to which a grant is made under paragraph (1) practicable, incorporate— rity Act to provide enhanced support to chil- ‘‘(I) interoperable standards developed and may use up to 25 percent of the grant for out- dren and families and prevent foster care maintained by an international voluntary comes or success payments related to a pay placements through the provision of mental consensus standards body, as defined by the for outcomes initiative that will not result health and substance abuse prevention and Office of Management and Budget; in a reduction of funding for services deliv- treatment services, in-home parent skill- ‘‘(II) interoperable standards developed and ered by the entity under a childhood home based programs, and kinship navigator serv- maintained by intergovernmental partner- visitation program under this section while ices. the eligible entity develops or operates such ships, such as the National Information Ex- an initiative.’’. change Model; and PART I—PREVENTION ACTIVITIES UNDER (b) DEFINITION OF PAY FOR OUTCOMES INI- ‘‘(III) interoperable standards developed TITLE IV–E TIATIVE.—Section 511(k) of such Act (42 and maintained by Federal entities with au- SEC. 50711. FOSTER CARE PREVENTION SERV- U.S.C. 711(k)) is amended by adding at the thority over contracting and financial assist- ICES AND PROGRAMS. end the following: ance. (a) STATE OPTION.—Section 471 of the So- ‘‘(4) PAY FOR OUTCOMES INITIATIVE.—The ‘‘(B) DATA EXCHANGE STANDARDS FOR FED- cial Security Act (42 U.S.C. 671) is amended— term ‘pay for outcomes initiative’ means a ERAL REPORTING.— (1) in subsection (a)(1), by striking ‘‘and’’ performance-based grant, contract, coopera- ‘‘(i) DESIGNATION.—The head of the depart- and all that follows through the semicolon tive agreement, or other agreement awarded ment or agency responsible for admin- and inserting ‘‘, adoption assistance in ac- by a public entity in which a commitment is istering a program referred to in this section cordance with section 473, and, at the option made to pay for improved outcomes achieved shall, in consultation with an interagency of the State, services or programs specified as a result of the intervention that result in work group established by the Office of Man- in subsection (e)(1) of this section for chil- social benefit and direct cost savings or cost agement and Budget, and considering State dren who are candidates for foster care or avoidance to the public sector. Such an ini- government perspectives, designate data ex- who are pregnant or parenting foster youth tiative shall include— change standards to govern Federal report- and the parents or kin caregivers of the chil- ‘‘(A) a feasibility study that describes how ing and exchange requirements under appli- dren, in accordance with the requirements of the proposed intervention is based on evi- cable Federal law. that subsection;’’; and dence of effectiveness; ‘‘(ii) REQUIREMENTS.—The data exchange (2) by adding at the end the following: ‘‘(B) a rigorous, third-party evaluation reporting standards required by clause (i) ‘‘(e) PREVENTION AND FAMILY SERVICES AND that uses experimental or quasi-experi- shall, to the extent practicable— PROGRAMS.— mental design or other research methodolo- ‘‘(I) incorporate a widely accepted, non- ‘‘(1) IN GENERAL.—Subject to the suc- gies that allow for the strongest possible proprietary, searchable, computer-readable ceeding provisions of this subsection, the causal inferences to determine whether the format; Secretary may make a payment to a State initiative has met its proposed outcomes as ‘‘(II) be consistent with and implement ap- for providing the following services or pro- a result of the intervention; plicable accounting principles; grams for a child described in paragraph (2) ‘‘(C) an annual, publicly available report ‘‘(III) be implemented in a manner that is and the parents or kin caregivers of the child on the progress of the initiative; and cost-effective and improves program effi- when the need of the child, such a parent, or ‘‘(D) a requirement that payments are ciency and effectiveness; and such a caregiver for the services or programs made to the recipient of a grant, contract, or ‘‘(IV) be capable of being continually up- are directly related to the safety, perma- cooperative agreement only when agreed graded as necessary. nence, or well-being of the child or to pre- upon outcomes are achieved, except that this ‘‘(iii) INCORPORATION OF NONPROPRIETARY venting the child from entering foster care: requirement shall not apply with respect to STANDARDS.—In designating data exchange ‘‘(A) MENTAL HEALTH AND SUBSTANCE ABUSE payments to a third party conducting the standards under this paragraph, the Sec- PREVENTION AND TREATMENT SERVICES.—Men- evaluation described in subparagraph (B).’’. retary shall, to the extent practicable, incor- tal health and substance abuse prevention

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and treatment services provided by a quali- ‘‘(C) ONLY SERVICES AND PROGRAMS PRO- tional standards of statistical significance fied clinician for not more than a 12-month VIDED IN ACCORDANCE WITH PROMISING, SUP- (in terms of demonstrated meaningful im- period that begins on any date described in PORTED, OR WELL-SUPPORTED PRACTICES PER- provements in validated measures of impor- paragraph (3) with respect to the child. MITTED.— tant child and parent outcomes, such as ‘‘(B) IN-HOME PARENT SKILL-BASED PRO- ‘‘(i) IN GENERAL.—Only State expenditures mental health, substance abuse, and child GRAMS.—In-home parent skill-based pro- for services or programs specified in subpara- safety and well-being), as established by the grams for not more than a 12-month period graph (A) or (B) of paragraph (1) that are results or outcomes of at least two studies that begins on any date described in para- provided in accordance with practices that that— graph (3) with respect to the child and that meet the requirements specified in clause (ii) ‘‘(aa) were rated by an independent sys- include parenting skills training, parent edu- of this subparagraph and that meet the re- tematic review for the quality of the study cation, and individual and family counseling. quirements specified in clause (iii), (iv), or design and execution and determined to be ‘‘(2) CHILD DESCRIBED.—For purposes of (v), respectively, for being a promising, sup- well-designed and well-executed; paragraph (1), a child described in this para- ported, or well-supported practice, shall be ‘‘(bb) were rigorous random-controlled graph is the following: eligible for a Federal matching payment trials (or, if not available, studies using a ‘‘(A) A child who is a candidate for foster under section 474(a)(6)(A). rigorous quasi-experimental research de- care (as defined in section 475(13)) but can re- ‘‘(ii) GENERAL PRACTICE REQUIREMENTS.— sign); and main safely at home or in a kinship place- The general practice requirements specified ‘‘(cc) were carried out in a usual care or ment with receipt of services or programs in this clause are the following: practice setting; and ‘‘(I) The practice has a book, manual, or specified in paragraph (1). ‘‘(II) at least one of the studies described in other available writings that specify the ‘‘(B) A child in foster care who is a preg- subclause (I) established that the practice components of the practice protocol and de- nant or parenting foster youth. has a sustained effect (when compared to a scribe how to administer the practice. ‘‘(3) DATE DESCRIBED.—For purposes of control group) for at least 1 year beyond the ‘‘(II) There is no empirical basis suggesting paragraph (1), the dates described in this end of treatment. that, compared to its likely benefits, the paragraph are the following: ‘‘(D) GUIDANCE ON PRACTICES CRITERIA AND practice constitutes a risk of harm to those ‘‘(A) The date on which a child is identified PRE-APPROVED SERVICES AND PROGRAMS.— receiving it. in a prevention plan maintained under para- ‘‘(III) If multiple outcome studies have ‘‘(i) IN GENERAL.—Not later than October 1, graph (4) as a child who is a candidate for been conducted, the overall weight of evi- 2018, the Secretary shall issue guidance to foster care (as defined in section 475(13)). dence supports the benefits of the practice. States regarding the practices criteria re- ‘‘(B) The date on which a child is identified ‘‘(IV) Outcome measures are reliable and quired for services or programs to satisfy the in a prevention plan maintained under para- valid, and are administrated consistently requirements of subparagraph (C). The guid- graph (4) as a pregnant or parenting foster and accurately across all those receiving the ance shall include a pre-approved list of serv- youth in need of services or programs speci- practice. ices and programs that satisfy the require- fied in paragraph (1). ‘‘(V) There is no case data suggesting a ments. ‘‘(4) REQUIREMENTS RELATED TO PROVIDING risk of harm that was probably caused by the ‘‘(ii) UPDATES.—The Secretary shall issue SERVICES AND PROGRAMS.—Services and pro- treatment and that was severe or frequent. updates to the guidance required by clause grams specified in paragraph (1) may be pro- ‘‘(iii) PROMISING PRACTICE.—A practice (i) as often as the Secretary determines nec- vided under this subsection only if specified shall be considered to be a ‘promising prac- essary. in advance in the child’s prevention plan de- tice’ if the practice is superior to an appro- ‘‘(E) OUTCOME ASSESSMENT AND REPORT- scribed in subparagraph (A) and the require- priate comparison practice using conven- ING.—The State shall collect and report to ments in subparagraphs (B) through (E) are tional standards of statistical significance the Secretary the following information with met: (in terms of demonstrated meaningful im- respect to each child for whom, or on whose ‘‘(A) PREVENTION PLAN.—The State main- provements in validated measures of impor- behalf mental health and substance abuse tains a written prevention plan for the child tant child and parent outcomes, such as prevention and treatment services or in- that meets the following requirements (as mental health, substance abuse, and child home parent skill-based programs are pro- applicable): safety and well-being), as established by the vided during a 12-month period beginning on ‘‘(i) CANDIDATES.—In the case of a child results or outcomes of at least one study the date the child is determined by the State who is a candidate for foster care described that— to be a child described in paragraph (2): in paragraph (2)(A), the prevention plan ‘‘(I) was rated by an independent system- ‘‘(i) The specific services or programs pro- shall— atic review for the quality of the study de- vided and the total expenditures for each of ‘‘(I) identify the foster care prevention sign and execution and determined to be the services or programs. strategy for the child so that the child may well-designed and well-executed; and ‘‘(ii) The duration of the services or pro- remain safely at home, live temporarily with ‘‘(II) utilized some form of control (such as grams provided. a kin caregiver until reunification can be an untreated group, a placebo group, or a ‘‘(iii) In the case of a child described in safely achieved, or live permanently with a wait list study). paragraph (2)(A), the child’s placement sta- kin caregiver; ‘‘(iv) SUPPORTED PRACTICE.—A practice tus at the beginning, and at the end, of the ‘‘(II) list the services or programs to be shall be considered to be a ‘supported prac- 1-year period, respectively, and whether the provided to or on behalf of the child to en- tice’ if— child entered foster care within 2 years after sure the success of that prevention strategy; ‘‘(I) the practice is superior to an appro- being determined a candidate for foster care. and priate comparison practice using conven- ‘‘(5) STATE PLAN COMPONENT.— ‘‘(III) comply with such other requirements tional standards of statistical significance ‘‘(A) IN GENERAL.—A State electing to pro- as the Secretary shall establish. (in terms of demonstrated meaningful im- vide services or programs specified in para- ‘‘(ii) PREGNANT OR PARENTING FOSTER provements in validated measures of impor- graph (1) shall submit as part of the State YOUTH.—In the case of a child who is a preg- tant child and parent outcomes, such as plan required by subsection (a) a prevention nant or parenting foster youth described in mental health, substance abuse, and child services and programs plan component that paragraph (2)(B), the prevention plan shall— safety and well-being), as established by the meets the requirements of subparagraph (B). ‘‘(I) be included in the child’s case plan re- results or outcomes of at least one study ‘‘(B) PREVENTION SERVICES AND PROGRAMS quired under section 475(1); that— PLAN COMPONENT.—In order to meet the re- ‘‘(II) list the services or programs to be ‘‘(aa) was rated by an independent system- quirements of this subparagraph, a preven- provided to or on behalf of the youth to en- atic review for the quality of the study de- tion services and programs plan component, sure that the youth is prepared (in the case sign and execution and determined to be with respect to each 5-year period for which of a pregnant foster youth) or able (in the well-designed and well-executed; the plan component is in operation in the case of a parenting foster youth) to be a par- ‘‘(bb) was a rigorous random-controlled State, shall include the following: ent; trial (or, if not available, a study using a rig- ‘‘(i) How providing services and programs ‘‘(III) describe the foster care prevention orous quasi-experimental research design); specified in paragraph (1) is expected to im- strategy for any child born to the youth; and and prove specific outcomes for children and ‘‘(IV) comply with such other requirements ‘‘(cc) was carried out in a usual care or families. as the Secretary shall establish. practice setting; and ‘‘(ii) How the State will monitor and over- ‘‘(B) TRAUMA-INFORMED.—The services or ‘‘(II) the study described in subclause (I) see the safety of children who receive serv- programs to be provided to or on behalf of a established that the practice has a sustained ices and programs specified in paragraph (1), child are provided under an organizational effect (when compared to a control group) for including through periodic risk assessments structure and treatment framework that in- at least 6 months beyond the end of the throughout the period in which the services volves understanding, recognizing, and re- treatment. and programs are provided on behalf of a sponding to the effects of all types of trauma ‘‘(v) WELL-SUPPORTED PRACTICE.—A prac- child and reexamination of the prevention and in accordance with recognized principles tice shall be considered to be a ‘well-sup- plan maintained for the child under para- of a trauma-informed approach and trauma- ported practice’ if— graph (4) for the provision of the services or specific interventions to address trauma’s ‘‘(I) the practice is superior to an appro- programs if the State determines the risk of consequences and facilitate healing. priate comparison practice using conven- the child entering foster care remains high

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despite the provision of the services or pro- ‘‘(C) REIMBURSEMENT FOR SERVICES UNDER and activities under any State program that grams. THE PREVENTION PLAN COMPONENT.— is not described in clause (i) (other than any ‘‘(iii) With respect to the services and pro- ‘‘(i) LIMITATION.—Except as provided in State expenditures for foster care prevention grams specified in subparagraphs (A) and (B) subclause (ii), a State may not receive a Fed- services and activities under the State pro- of paragraph (1), information on the specific eral payment under this part for a given gram under this part (including under a promising, supported, or well-supported promising, supported, or well-supported waiver of the program)). practices the State plans to use to provide practice unless (in accordance with subpara- ‘‘(C) STATE EXPENDITURES.—The term the services or programs, including a de- graph (B)(iii)(V)) the plan includes a well-de- ‘State expenditures’ means all State or local scription of— signed and rigorous evaluation strategy for funds that are expended by the State or a ‘‘(I) the services or programs and whether that practice. local agency including State or local funds the practices used are promising, supported, ‘‘(ii) WAIVER OF LIMITATION.—The Sec- that are matched or reimbursed by the Fed- or well-supported; retary may waive the requirement for a well- eral Government and State or local funds ‘‘(II) how the State plans to implement the designed and rigorous evaluation of any well- that are not matched or reimbursed by the services or programs, including how imple- supported practice if the Secretary deems Federal Government. mentation of the services or programs will the evidence of the effectiveness of the prac- ‘‘(D) DETERMINATION OF PREVENTION SERV- be continuously monitored to ensure fidelity tice to be compelling and the State meets ICES AND ACTIVITIES.—The Secretary shall re- to the practice model and to determine out- the continuous quality improvement require- quire each State that elects to provide serv- comes achieved and how information learned ments included in subparagraph (B)(iii)(II) ices and programs specified in paragraph (1) from the monitoring will be used to refine with regard to the practice. to report the expenditures specified in sub- and improve practices; ‘‘(6) PREVENTION SERVICES MEASURES.— paragraph (B) for fiscal year 2014 and for ‘‘(III) how the State selected the services ‘‘(A) ESTABLISHMENT; ANNUAL UPDATES.— such fiscal years thereafter as are necessary or programs; Beginning with fiscal year 2021, and annually to determine whether the State is complying ‘‘(IV) the target population for the services thereafter, the Secretary shall establish the with the maintenance of effort requirement or programs; and following prevention services measures based in subparagraph (A). The Secretary shall ‘‘(V) how each service or program provided on information and data reported by States specify the specific services and activities will be evaluated through a well-designed that elect to provide services and programs under each program referred to in subpara- and rigorous process, which may consist of specified in paragraph (1): graph (B) that are ‘prevention services and an ongoing, cross-site evaluation approved ‘‘(i) PERCENTAGE OF CANDIDATES FOR FOS- activities’ for purposes of the reports. by the Secretary. TER CARE WHO DO NOT ENTER FOSTER CARE.— ‘‘(E) STATE DESCRIBED.—For purposes of ‘‘(iv) A description of the consultation that The percentage of candidates for foster care subparagraph (A), a State is described in this the State agencies responsible for admin- for whom, or on whose behalf, the services or subparagraph if the population of children in istering the State plans under this part and programs are provided who do not enter fos- the State in 2014 was less than 200,000 (as de- part B engage in with other State agencies ter care, including those placed with a kin termined by the United States Census Bu- responsible for administering health pro- caregiver outside of foster care, during the reau). grams, including mental health and sub- 12-month period in which the services or pro- ‘‘(8) PROHIBITION AGAINST USE OF STATE FOS- stance abuse prevention and treatment serv- grams are provided and through the end of TER CARE PREVENTION EXPENDITURES AND FED- ices, and with other public and private agen- the succeeding 12-month period. ERAL IV–E PREVENTION FUNDS FOR MATCHING cies with experience in administering child ‘‘(ii) PER-CHILD SPENDING.—The total OR EXPENDITURE REQUIREMENT.—A State that and family services, including community- amount of expenditures made for mental elects to provide services and programs spec- based organizations, in order to foster a con- health and substance abuse prevention and ified in paragraph (1) shall not use any State tinuum of care for children described in treatment services or in-home parent skill- foster care prevention expenditures for a fis- paragraph (2) and their parents or kin care- based programs, respectively, for, or on be- cal year for the State share of expenditures givers. half of, each child described in paragraph (2). under section 474(a)(6) for a fiscal year. ‘‘(v) A description of how the State shall ‘‘(B) DATA.—The Secretary shall establish ‘‘(9) ADMINISTRATIVE COSTS.—Expenditures assess children and their parents or kin care- and annually update the prevention services described in section 474(a)(6)(B)— givers to determine eligibility for services or measures— ‘‘(A) shall not be eligible for payment programs specified in paragraph (1). ‘‘(i) based on the median State values of under subparagraph (A), (B), or (E) of section ‘‘(vi) A description of how the services or the information reported under each clause 474(a)(3); and programs specified in paragraph (1) that are of subparagraph (A) for the 3 then most re- ‘‘(B) shall be eligible for payment under provided for or on behalf of a child and the cent years; and section 474(a)(6)(B) without regard to wheth- parents or kin caregivers of the child will be ‘‘(ii) taking into account State differences er the expenditures are incurred on behalf of coordinated with other child and family in the price levels of consumption goods and a child who is, or is potentially, eligible for services provided to the child and the par- services using the most recent regional price foster care maintenance payments under this ents or kin caregivers of the child under the parities published by the Bureau of Eco- part. State plans in effect under subparts 1 and 2 nomic Analysis of the Department of Com- ‘‘(10) APPLICATION.— of part B. merce or such other data as the Secretary ‘‘(A) IN GENERAL.—The provision of serv- ‘‘(vii) Descriptions of steps the State is determines appropriate. ices or programs under this subsection to or taking to support and enhance a competent, ‘‘(C) PUBLICATION OF STATE PREVENTION on behalf of a child described in paragraph skilled, and professional child welfare work- SERVICES MEASURES.—The Secretary shall (2) shall not be considered to be receipt of aid force to deliver trauma-informed and evi- annually make available to the public the or assistance under the State plan under this dence-based services, including— prevention services measures of each State. part for purposes of eligibility for any other ‘‘(I) ensuring that staff is qualified to pro- ‘‘(7) MAINTENANCE OF EFFORT FOR STATE program established under this Act. vide services or programs that are consistent FOSTER CARE PREVENTION EXPENDITURES.— ‘‘(B) CANDIDATES IN KINSHIP CARE.—A child with the promising, supported, or well-sup- ‘‘(A) IN GENERAL.—If a State elects to pro- described in paragraph (2) for whom such ported practice models selected; and vide services and programs specified in para- services or programs under this subsection ‘‘(II) developing appropriate prevention graph (1) for a fiscal year, the State foster are provided for more than 6 months while in plans, and conducting the risk assessments care prevention expenditures for the fiscal the home of a kin caregiver, and who would required under clause (iii). year shall not be less than the amount of the satisfy the AFDC eligibility requirement of ‘‘(viii) A description of how the State will expenditures for fiscal year 2014 (or, at the section 472(a)(3)(A)(ii)(II) but for residing in provide training and support for caseworkers option of a State described in subparagraph the home of the caregiver for more than 6 in assessing what children and their families (E), fiscal year 2015 or fiscal year 2016 (which- months, is deemed to satisfy that require- need, connecting to the families served, ever the State elects)). ment for purposes of determining whether knowing how to access and deliver the need- ‘‘(B) STATE FOSTER CARE PREVENTION EX- the child is eligible for foster care mainte- ed trauma-informed and evidence-based serv- PENDITURES.—The term ‘State foster care nance payments under section 472.’’. ices, and overseeing and evaluating the con- prevention expenditures’ means the fol- (b) DEFINITION.—Section 475 of such Act (42 tinuing appropriateness of the services. lowing: U.S.C. 675) is amended by adding at the end ‘‘(ix) A description of how caseload size and ‘‘(i) TANF; IV–B; SSBG.—State expenditures the following: type for prevention caseworkers will be de- for foster care prevention services and ac- ‘‘(13) The term ‘child who is a candidate for termined, managed, and overseen. tivities under the State program funded foster care’ means, a child who is identified ‘‘(x) An assurance that the State will re- under part A (including from amounts made in a prevention plan under section port to the Secretary such information and available by the Federal Government), under 471(e)(4)(A) as being at imminent risk of en- data as the Secretary may require with re- the State plan developed under part B (in- tering foster care (without regard to whether spect to the provision of services and pro- cluding any such amounts), or under the So- the child would be eligible for foster care grams specified in paragraph (1), including cial Services Block Grant Programs under maintenance payments under section 472 or information and data necessary to determine subtitle A of title XX (including any such is or would be eligible for adoption assist- the performance measures for the State amounts). ance or kinship guardianship assistance pay- under paragraph (6) and compliance with ‘‘(ii) OTHER STATE PROGRAMS.—State ex- ments under section 473) but who can remain paragraph (7). penditures for foster care prevention services safely in the child’s home or in a kinship

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S772 CONGRESSIONAL RECORD — SENATE February 7, 2018 placement as long as services or programs censed or State-approved child welfare agen- (A) in subsection (c)(1)— specified in section 471(e)(1) that are nec- cies providing services to children described (i) in subparagraph (C)(i)— essary to prevent the entry of the child into in section 471(e)(2) and their parents or kin (I) in subclause (II), by striking ‘‘and’’ foster care are provided. The term includes a caregivers, including on how to determine after the semicolon; child whose adoption or guardianship ar- who are individuals eligible for the services (II) in subclause (III), by striking the pe- rangement is at risk of a disruption or dis- or programs, how to identify and provide ap- riod at the end and inserting ‘‘; and’’; and solution that would result in a foster care propriate services and programs, and how to (III) by adding at the end the following: placement.’’. oversee and evaluate the ongoing appro- ‘‘(IV) at the option of the tribe, organiza- (c) PAYMENTS UNDER TITLE IV–E.—Section priateness of the services and programs.’’. tion, or consortium, services and programs 474(a) of such Act (42 U.S.C. 674(a)) is amend- (d) TECHNICAL ASSISTANCE AND BEST PRAC- specified in section 471(e)(1) to children de- ed— TICES, CLEARINGHOUSE, AND DATA COLLECTION scribed in section 471(e)(2) and their parents (1) in paragraph (5), by striking the period AND EVALUATIONS.—Section 476 of such Act or kin caregivers, in accordance with section at the end and inserting ‘‘; plus’’; and (42 U.S.C. 676) is amended by adding at the 471(e) and subparagraph (E).’’; and (2) by adding at the end the following: end the following: (ii) by adding at the end the following: ‘‘(d) TECHNICAL ASSISTANCE AND BEST ‘‘(6) subject to section 471(e)— ‘‘(E) PREVENTION SERVICES AND PROGRAMS PRACTICES, CLEARINGHOUSE, DATA COLLEC- ‘‘(A) for each quarter— FOR CHILDREN AND THEIR PARENTS AND KIN TION, AND EVALUATIONS RELATING TO PREVEN- ‘‘(i) subject to clause (ii)— CAREGIVERS.— TION SERVICES AND PROGRAMS.— ‘‘(I) beginning after September 30, 2019, and ‘‘(i) IN GENERAL.—In the case of a tribe, or- ‘‘(1) TECHNICAL ASSISTANCE AND BEST PRAC- before October 1, 2026, an amount equal to 50 ganization, or consortium that elects to pro- TICES.—The Secretary shall provide to States percent of the total amount expended during vide services and programs specified in sec- and, as applicable, to Indian tribes, tribal or- the quarter for the provision of services or tion 471(e)(1) to children described in section ganizations, and tribal consortia, technical programs specified in subparagraph (A) or 471(e)(2) and their parents or kin caregivers assistance regarding the provision of services (B) of section 471(e)(1) that are provided in under the plan, the Secretary shall specify accordance with promising, supported, or and programs described in section 471(e)(1) and shall disseminate best practices with re- the requirements applicable to the provision well-supported practices that meet the appli- of the services and programs. The require- cable criteria specified for the practices in spect to the provision of the services and programs, including how to plan and imple- ments shall, to the greatest extent prac- section 471(e)(4)(C); and ticable, be consistent with the requirements ‘‘(II) beginning after September 30, 2026, an ment a well-designed and rigorous evalua- applicable to States under section 471(e) and amount equal to the Federal medical assist- tion of a promising, supported, or well-sup- shall permit the provision of the services and ance percentage (which shall be as defined in ported practice. programs in the form of services and pro- section 1905(b), in the case of a State other ‘‘(2) CLEARINGHOUSE OF PROMISING, SUP- grams that are adapted to the culture and than the District of Columbia, or 70 percent, PORTED, AND WELL-SUPPORTED PRACTICES.— context of the tribal communities served. in the case of the District of Columbia) of The Secretary shall, directly or through ‘‘(ii) PERFORMANCE MEASURES.—The Sec- the total amount expended during the quar- grants, contracts, or interagency agree- retary shall establish specific performance ter for the provision of services or programs ments, evaluate research on the practices measures for each tribe, organization, or specified in subparagraph (A) or (B) of sec- specified in clauses (iii), (iv), and (v), respec- consortium that elects to provide services tion 471(e)(1) that are provided in accordance tively, of section 471(e)(4)(C), and programs with promising, supported, or well-supported that meet the requirements described in sec- and programs specified in section 471(e)(1). practices that meet the applicable criteria tion 427(a)(1), including culturally specific, The performance measures shall, to the specified for the practices in section or location- or population-based adaptations greatest extent practicable, be consistent 471(e)(4)(C) (or, with respect to the payments of the practices, to identify and establish a with the prevention services measures re- made during the quarter under a cooperative public clearinghouse of the practices that quired for States under section 471(e)(6) but agreement or contract entered into by the satisfy each category described by such shall allow for consideration of factors State and an Indian tribe, tribal organiza- clauses. In addition, the clearinghouse shall unique to the provision of the services by tion, or tribal consortium for the adminis- include information on the specific outcomes tribes, organizations, or consortia.’’; and tration or payment of funds under this part, associated with each practice, including (B) in subsection (d)(1), by striking ‘‘and an amount equal to the Federal medical as- whether the practice has been shown to pre- (5)’’ and inserting ‘‘(5), and (6)(A)’’. sistance percentage that would apply under vent child abuse and neglect and reduce the (2) CONFORMING AMENDMENT.—The heading section 479B(d) (in this paragraph referred to likelihood of foster care placement by sup- for subsection (d) of section 479B of such Act as the ‘tribal FMAP’) if the Indian tribe, porting birth families and kinship families (42 U.S.C. 679c) is amended by striking ‘‘FOR tribal organization, or tribal consortium and improving targeted supports for preg- FOSTER CARE MAINTENANCE AND ADOPTION made the payments under a program oper- nant and parenting youth and their children. ASSISTANCE PAYMENTS’’. (f) APPLICATION TO PROGRAMS OPERATED BY ated under that section, unless the tribal ‘‘(3) DATA COLLECTION AND EVALUATIONS.— TERRITORIES.—Section 1108(a)(2) of the Social FMAP is less than the Federal medical as- The Secretary, directly or through grants, Security Act (42 U.S.C. 1308(a)(2)) is amended sistance percentage that applies to the contracts, or interagency agreements, may by striking ‘‘or 413(f)’’ and inserting ‘‘413(f), State); except that collect data and conduct evaluations with re- or 474(a)(6)’’. ‘‘(ii) not less than 50 percent of the total spect to the provision of services and pro- amount expended by a State under clause (i) grams described in section 471(e)(1) for pur- SEC. 50712. FOSTER CARE MAINTENANCE PAY- for a fiscal year shall be for the provision of MENTS FOR CHILDREN WITH PAR- poses of assessing the extent to which the ENTS IN A LICENSED RESIDENTIAL services or programs specified in subpara- provision of the services and programs— FAMILY-BASED TREATMENT FACIL- graph (A) or (B) of section 471(e)(1) that are ‘‘(A) reduces the likelihood of foster care ITY FOR SUBSTANCE ABUSE. provided in accordance with well-supported placement; (a) IN GENERAL.—Section 472 of the Social practices; plus ‘‘(B) increases use of kinship care arrange- Security Act (42 U.S.C. 672) is amended— ‘‘(B) for each quarter specified in subpara- ments; or (1) in subsection (a)(2)(C), by striking ‘‘or’’ graph (A), an amount equal to the sum of the ‘‘(C) improves child well-being. and inserting ‘‘, with a parent residing in a following proportions of the total amount ‘‘(4) REPORTS TO CONGRESS.— licensed residential family-based treatment expended during the quarter— ‘‘(A) IN GENERAL.—The Secretary shall sub- facility, but only to the extent permitted ‘‘(i) 50 percent of so much of the expendi- mit to the Committee on Finance of the Sen- under subsection (j), or in a’’; and tures as are found necessary by the Sec- ate and the Committee on Ways and Means (2) by adding at the end the following: retary for the proper and efficient adminis- of the House of Representatives periodic re- ‘‘(j) CHILDREN PLACED WITH A PARENT RE- tration of the State plan for the provision of ports based on the provision of services and SIDING IN A LICENSED RESIDENTIAL FAMILY- services or programs specified in section programs described in section 471(e)(1) and BASED TREATMENT FACILITY FOR SUBSTANCE 471(e)(1), including expenditures for activi- the activities carried out under this sub- ABUSE.— ties approved by the Secretary that promote section. ‘‘(1) IN GENERAL.—Notwithstanding the pre- the development of necessary processes and ‘‘(B) PUBLIC AVAILABILITY.—The Secretary ceding provisions of this section, a child who procedures to establish and implement the shall make the reports to Congress sub- is eligible for foster care maintenance pay- provision of the services and programs for in- mitted under this paragraph publicly avail- ments under this section, or who would be el- dividuals who are eligible for the services able. igible for the payments if the eligibility were and programs and expenditures attributable ‘‘(5) APPROPRIATION.—Out of any money in determined without regard to paragraphs to data collection and reporting; and the Treasury of the United States not other- (1)(B) and (3) of subsection (a), shall be eligi- ‘‘(ii) 50 percent of so much of the expendi- wise appropriated, there are appropriated to ble for the payments for a period of not more tures with respect to the provision of serv- the Secretary $1,000,000 for fiscal year 2018 than 12 months during which the child is ices and programs specified in section and each fiscal year thereafter to carry out placed with a parent who is in a licensed res- 471(e)(1) as are for training of personnel em- this subsection.’’. idential family-based treatment facility for ployed or preparing for employment by the (e) APPLICATION TO PROGRAMS OPERATED BY substance abuse, but only if— State agency or by the local agency admin- INDIAN TRIBAL ORGANIZATIONS.— ‘‘(A) the recommendation for the place- istering the plan in the political subdivision (1) IN GENERAL.—Section 479B of such Act ment is specified in the child’s case plan be- and of the members of the staff of State-li- (42 U.S.C. 679c) is amended— fore the placement;

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S773 ‘‘(B) the treatment facility provides, as (2) Subsections (a)(4), (a)(5)(A), and (b)(1) of use the funding to support the State in con- part of the treatment for substance abuse, section 432 of such Act (42 U.S.C. 629b) are necting with, or enhancing or expediting parenting skills training, parent education, amended by striking ‘‘time-limited’’ each services provided under, the electronic inter- and individual and family counseling; and place it appears. state case-processing system referred to in ‘‘(C) the substance abuse treatment, par- SEC. 50722. REDUCING BUREAUCRACY AND UN- paragraph (1). enting skills training, parent education, and NECESSARY DELAYS WHEN PLACING ‘‘(5) EVALUATIONS.—Not later than 1 year individual and family counseling is provided CHILDREN IN HOMES ACROSS STATE after the final year in which funds are under an organizational structure and treat- LINES. awarded under this subsection, the Secretary ment framework that involves under- (a) STATE PLAN REQUIREMENT.—Section shall submit to the Congress, and make standing, recognizing, and responding to the 471(a)(25) of the Social Security Act (42 available to the general public by posting on effects of all types of trauma and in accord- U.S.C. 671(a)(25)) is amended— a website, a report that contains the fol- ance with recognized principles of a trauma- (1) by striking ‘‘provide’’ and inserting lowing information: informed approach and trauma-specific ‘‘provides’’; and ‘‘(A) How using the electronic interstate interventions to address the consequences of (2) by inserting ‘‘, which, in the case of a case-processing system developed pursuant trauma and facilitate healing. State other than the Commonwealth of to paragraph (4) has changed the time it ‘‘(2) APPLICATION.—With respect to chil- Puerto Rico, the United States Virgin Is- takes for children to be placed across State dren for whom foster care maintenance pay- lands, Guam, or American Samoa, not later lines. ments are made under paragraph (1), only than October 1, 2027, shall include the use of ‘‘(B) The number of cases subject to the the children who satisfy the requirements of an electronic interstate case-processing sys- Interstate Compact on the Placement of paragraphs (1)(B) and (3) of subsection (a) tem’’ before the first semicolon. Children that were processed through the (b) EXEMPTION OF INDIAN TRIBES.—Section shall be considered to be children with re- electronic interstate case-processing system, 479B(c) of such Act (42 U.S.C. 679c(c)) is spect to whom foster care maintenance pay- and the number of interstate child place- amended by adding at the end the following: ments are made under this section for pur- ment cases that were processed outside the ‘‘(4) INAPPLICABILITY OF STATE PLAN RE- poses of subsection (h) or section electronic interstate case-processing system, QUIREMENT TO HAVE IN EFFECT PROCEDURES 473(b)(3)(B).’’. by each State in each year. PROVIDING FOR THE USE OF AN ELECTRONIC (b) CONFORMING AMENDMENT.—Section ‘‘(C) The progress made by States in imple- INTERSTATE CASE-PROCESSING SYSTEM.—.The 474(a)(1) of such Act (42 U.S.C. 674(a)(1)) is menting the electronic interstate case-proc- requirement in section 471(a)(25) that a State amended by inserting ‘‘subject to section essing system. plan provide that the State shall have in ef- 472(j),’’ before ‘‘an amount equal to the Fed- ‘‘(D) How using the electronic interstate fect procedures providing for the use of an eral’’ the first place it appears. case-processing system has affected various electronic interstate case-processing system SEC. 50713. TITLE IV–E PAYMENTS FOR EVI- metrics related to child safety and well- shall not apply to an Indian tribe, tribal or- DENCE-BASED KINSHIP NAVIGATOR being, including the time it takes for chil- ganization, or tribal consortium that elects PROGRAMS. dren to be placed across State lines. to operate a program under this part.’’. Section 474(a) of the Social Security Act ‘‘(E) How using the electronic interstate (c) FUNDING FOR THE DEVELOPMENT OF AN (42 U.S.C. 674(a)), as amended by section case-processing system has affected adminis- ELECTRONIC INTERSTATE CASE-PROCESSING 50711(c), is amended— trative costs and caseworker time spent on SYSTEM TO EXPEDITE THE INTERSTATE PLACE- (1) in paragraph (6), by striking the period placing children across State lines. MENT OF CHILDREN IN FOSTER CARE OR at the end and inserting ‘‘; plus’’; and ‘‘(6) DATA INTEGRATION.—The Secretary, in (2) by adding at the end the following: GUARDIANSHIP, OR FOR ADOPTION.—Section 437 of such Act (42 U.S.C. 629g) is amended by consultation with the Secretariat for the ‘‘(7) an amount equal to 50 percent of the Interstate Compact on the Placement of amounts expended by the State during the adding at the end the following: ‘‘(g) FUNDING FOR THE DEVELOPMENT OF AN Children and the States, shall assess how the quarter as the Secretary determines are for ELECTRONIC INTERSTATE CASE-PROCESSING electronic interstate case-processing system kinship navigator programs that meet the SYSTEM TO EXPEDITE THE INTERSTATE PLACE- developed pursuant to paragraph (4) could be requirements described in section 427(a)(1) MENT OF CHILDREN IN FOSTER CARE OR used to better serve and protect children and that the Secretary determines are oper- GUARDIANSHIP, OR FOR ADOPTION.— that come to the attention of the child wel- ated in accordance with promising, sup- ‘‘(1) PURPOSE.—The purpose of this sub- fare system, by— ported, or well-supported practices that meet section is to facilitate the development of an ‘‘(A) connecting the system with other the applicable criteria specified for the prac- electronic interstate case-processing system data systems (such as systems operated by tices in section 471(e)(4)(C), without regard for the exchange of data and documents to State law enforcement and judicial agencies, to whether the expenditures are incurred on expedite the placements of children in foster, systems operated by the Federal Bureau of behalf of children who are, or are poten- guardianship, or adoptive homes across Investigation for the purposes of the Inno- tially, eligible for foster care maintenance State lines. cence Lost National Initiative, and other payments under this part.’’. ‘‘(2) REQUIREMENTS.—A State that seeks systems); PART II—ENHANCED SUPPORT UNDER funding under this subsection shall submit ‘‘(B) simplifying and improving reporting TITLE IV–B to the Secretary the following: related to paragraphs (34) and (35) of section SEC. 50721. ELIMINATION OF TIME LIMIT FOR ‘‘(A) A description of the goals and out- 471(a) regarding children or youth who have FAMILY REUNIFICATION SERVICES comes to be achieved, which goals and out- been identified as being a sex trafficking vic- WHILE IN FOSTER CARE AND PER- comes must result in— tim or children missing from foster care; and MITTING TIME-LIMITED FAMILY RE- ‘‘(i) reducing the time it takes for a child ‘‘(C) improving the ability of States to UNIFICATION SERVICES WHEN A quickly comply with background check re- CHILD RETURNS HOME FROM FOS- to be provided with a safe and appropriate TER CARE. permanent living arrangement across State quirements of section 471(a)(20), including (a) IN GENERAL.—Section 431(a)(7) of the lines; checks of child abuse and neglect registries Social Security Act (42 U.S.C. 629a(a)(7)) is ‘‘(ii) improving administrative processes as required by section 471(a)(20)(B).’’. amended— and reducing costs in the foster care system; (d) RESERVATION OF FUNDS TO IMPROVE THE (1) in the paragraph heading, by striking and INTERSTATE PLACEMENT OF CHILDREN.—Sec- ‘‘TIME-LIMITED FAMILY’’ and inserting ‘‘FAM- ‘‘(iii) the secure exchange of relevant case tion 437(b) of such Act (42 U.S.C. 629g(b)) is ILY’’; and files and other necessary materials in real amended by adding at the end the following: (2) in subparagraph (A)— time, and timely communications and place- ‘‘(4) IMPROVING THE INTERSTATE PLACEMENT (A) by striking ‘‘time-limited family’’ and ment decisions regarding interstate place- OF CHILDREN.—The Secretary shall reserve inserting ‘‘family’’; ments of children. $5,000,000 of the amount made available for (B) by inserting ‘‘or a child who has been ‘‘(B) A description of the activities to be fiscal year 2018 for grants under subsection returned home’’ after ‘‘child care institu- funded in whole or in part with the funds, in- (g), and the amount so reserved shall remain tion’’; and cluding the sequencing of the activities. available through fiscal year 2022.’’. (C) by striking ‘‘, but only during the 15- ‘‘(C) A description of the strategies for in- SEC. 50723. ENHANCEMENTS TO GRANTS TO IM- month period that begins on the date that tegrating programs and services for children PROVE WELL-BEING OF FAMILIES the child, pursuant to section 475(5)(F), is who are placed across State lines. AFFECTED BY SUBSTANCE ABUSE. considered to have entered foster care’’ and ‘‘(D) Such other information as the Sec- Section 437(f) of the Social Security Act (42 inserting ‘‘and to ensure the strength and retary may require. U.S.C. 629g(f)) is amended— stability of the reunification. In the case of ‘‘(3) FUNDING AUTHORITY.—The Secretary (1) in the subsection heading, by striking a child who has been returned home, the may provide funds to a State that complies ‘‘INCREASE THE WELL-BEING OF, AND TO IM- services and activities shall only be provided with paragraph (2). In providing funds under PROVE THE PERMANENCY OUTCOMES FOR, CHIL- during the 15-month period that begins on this subsection, the Secretary shall DREN AFFECTED BY’’ and inserting ‘‘IMPLE- the date that the child returns home’’. prioritize States that are not yet connected MENT IV–E PREVENTION SERVICES, AND IM- (b) CONFORMING AMENDMENTS.— with the electronic interstate case-proc- PROVE THE WELL-BEING OF, AND IMPROVE PER- (1) Section 430 of such Act (42 U.S.C. 629) is essing system referred to in paragraph (1). MANENCY OUTCOMES FOR, CHILDREN AND FAMI- amended in the matter preceding paragraph ‘‘(4) USE OF FUNDS.—A State to which fund- LIES AFFECTED BY HEROIN, OPIOIDS, AND (1), by striking ‘‘time-limited’’. ing is provided under this subsection shall OTHER’’;

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S774 CONGRESSIONAL RECORD — SENATE February 7, 2018 (2) by striking paragraph (2) and inserting pated funding for the implementation (ii) by striking clauses (iii) and (iv) and in- the following: phase.’’; and serting the following: ‘‘(2) REGIONAL PARTNERSHIP DEFINED.—In (C) by adding at the end the following: ‘‘(iii) Other stakeholders or constituencies this subsection, the term ‘regional partner- ‘‘(D) LIMITATION ON PAYMENT FOR A FISCAL as determined by the Secretary.’’; ship’ means a collaborative agreement YEAR.—No payment shall be made under sub- (8) in paragraph (9)(A), by striking clause (which may be established on an interstate, paragraph (A) or (C) for a fiscal year until (i) and inserting the following: State, or intrastate basis) entered into by the Secretary determines that the eligible ‘‘(i) SEMIANNUAL REPORTS.—Not later than the following: partnership has made sufficient progress in September 30 of each fiscal year in which a ‘‘(A) MANDATORY PARTNERS FOR ALL PART- meeting the goals of the grant and that the recipient of a grant under this subsection is NERSHIP GRANTS.— members of the eligible partnership are co- paid funds under the grant, and every 6 ‘‘(i) The State child welfare agency that is ordinating to a reasonable degree with the months thereafter, the grant recipient shall responsible for the administration of the other members of the eligible partnership.’’; submit to the Secretary a report on the serv- State plan under this part and part E. (4) in paragraph (4)— ices provided and activities carried out dur- ‘‘(ii) The State agency responsible for ad- (A) in subparagraph (B)— ing the reporting period, progress made in ministering the substance abuse prevention (i) in clause (i), by inserting ‘‘, parents, and achieving the goals of the program, the num- and treatment block grant provided under families’’ after ‘‘children’’; ber of children, adults, and families receiv- subpart II of part B of title XIX of the Public (ii) in clause (ii), by striking ‘‘safety and ing services, and such additional information Health Service Act. permanence for such children; and’’ and in- as the Secretary determines is necessary. serting ‘‘safe, permanent caregiving rela- ‘‘(B) MANDATORY PARTNERS FOR PARTNER- The report due not later than September 30 tionships for the children;’’; SHIP GRANTS PROPOSING TO SERVE CHILDREN IN of the last such fiscal year shall include, at (iii) in clause (iii), by striking ‘‘or’’ and in- OUT-OF-HOME PLACEMENTS.—If the partner- a minimum, data on each of the performance serting ‘‘increase reunification rates for chil- ship proposes to serve children in out-of- indicators included in the evaluation of the dren who have been placed in out-of-home home placements, the Juvenile Court or Ad- regional partnership.’’; and care, or decrease’’; and ministrative Office of the Court that is most (9) in paragraph (10), by striking ‘‘2012 (iv) by redesignating clause (iii) as clause appropriate to oversee the administration of through 2016’’ and inserting ‘‘2017 through (v) and inserting after clause (ii) the fol- 2021’’. court programs in the region to address the lowing: population of families who come to the at- ‘‘(iii) improve the substance abuse treat- PART III—MISCELLANEOUS tention of the court due to child abuse or ne- ment outcomes for parents including reten- SEC. 50731. REVIEWING AND IMPROVING LICENS- glect. tion in treatment and successful completion ING STANDARDS FOR PLACEMENT ‘‘(C) OPTIONAL PARTNERS.—At the option of of treatment; IN A RELATIVE FOSTER FAMILY the partnership, any of the following: ‘‘(iv) facilitate the implementation, deliv- HOME. ‘‘(i) An Indian tribe or tribal consortium. ery, and effectiveness of prevention services (a) IDENTIFICATION OF REPUTABLE MODEL ‘‘(ii) Nonprofit child welfare service pro- and programs under section 471(e); and’’; LICENSING STANDARDS.—Not later than Octo- viders. (B) in subparagraph (D), by striking ber 1, 2018, the Secretary of Health and ‘‘(iii) For-profit child welfare service pro- ‘‘where appropriate,’’; and Human Services shall identify reputable viders. (C) by striking subparagraphs (E) and (F) model licensing standards with respect to ‘‘(iv) Community health service providers, and inserting the following: the licensing of foster family homes (as de- including substance abuse treatment pro- ‘‘(E) A description of a plan for sustaining fined in section 472(c)(1) of the Social Secu- viders. the services provided by or activities funded rity Act). ‘‘(v) Community mental health providers. under the grant after the conclusion of the (b) STATE PLAN REQUIREMENT.—Section ‘‘(vi) Local law enforcement agencies. grant period, including through the use of 471(a) of the Social Security Act (42 U.S.C. ‘‘(vii) School personnel. prevention services and programs under sec- 671(a)) is amended— ‘‘(viii) Tribal child welfare agencies (or a tion 471(e) and other funds provided to the (1) in paragraph (34)(B), by striking ‘‘and’’ consortia of the agencies). State for child welfare and substance abuse after the semicolon; ‘‘(ix) Any other providers, agencies, per- prevention and treatment services. (2) in paragraph (35)(B), by striking the pe- sonnel, officials, or entities that are related ‘‘(F) Additional information needed by the riod at the end and inserting a semicolon; to the provision of child and family services Secretary to determine that the proposed ac- and under a State plan approved under this sub- tivities and implementation will be con- (3) by adding at the end the following: part. sistent with research or evaluations showing ‘‘(36) provides that, not later than April 1, ‘‘(D) EXCEPTION FOR REGIONAL PARTNER- which practices and approaches are most ef- 2019, the State shall submit to the Secretary SHIPS WHERE THE LEAD APPLICANT IS AN IN- fective.’’; information addressing— DIAN TRIBE OR TRIBAL CONSORTIA.—If an In- (5) in paragraph (5)(A), by striking ‘‘abuse ‘‘(A) whether the State licensing standards dian tribe or tribal consortium enters into a treatment’’ and inserting ‘‘use disorder are in accord with model standards identi- regional partnership for purposes of this sub- treatment including medication assisted fied by the Secretary, and if not, the reason section, the Indian tribe or tribal consor- treatment and in-home substance abuse dis- for the specific deviation and a description tium— order treatment and recovery’’; as to why having a standard that is reason- ‘‘(i) may (but is not required to) include (6) in paragraph (7)— ably in accord with the corresponding na- the State child welfare agency as a partner (A) by striking ‘‘and’’ at the end of sub- tional model standards is not appropriate for in the collaborative agreement; paragraph (C); and the State; ‘‘(ii) may not enter into a collaborative (B) by redesignating subparagraph (D) as ‘‘(B) whether the State has elected to agreement only with tribal child welfare subparagraph (E) and inserting after sub- waive standards established in 471(a)(10)(A) agencies (or a consortium of the agencies); paragraph (C) the following: for relative foster family homes (pursuant to and ‘‘(D) demonstrate a track record of suc- waiver authority provided by 471(a)(10)(D)), a ‘‘(iii) if the condition described in para- cessful collaboration among child welfare, description of which standards the State graph (2)(B) applies, may include tribal court substance abuse disorder treatment and most commonly waives, and if the State has organizations in lieu of other judicial part- mental health agencies; and’’; not elected to waive the standards, the rea- ners.’’; (7) in paragraph (8)— son for not waiving these standards; (3) in paragraph (3)— (A) in subparagraph (A)— ‘‘(C) if the State has elected to waive (A) in subparagraph (A)— (i) by striking ‘‘establish indicators that standards specified in subparagraph (B), how (i) by striking ‘‘2012 through 2016’’ and in- will be’’ and inserting ‘‘review indicators caseworkers are trained to use the waiver serting ‘‘2017 through 2021’’; and that are’’; and authority and whether the State has devel- (ii) by striking ‘‘$500,000 and not more than (ii) by striking ‘‘in using funds made avail- oped a process or provided tools to assist $1,000,000’’ and inserting ‘‘$250,000 and not able under such grants to achieve the pur- caseworkers in waiving nonsafety standards more than $1,000,000’’; pose of this subsection’’ and inserting ‘‘and per the authority provided in 471(a)(10)(D) to (B) in subparagraph (B)— establish a set of core indicators related to quickly place children with relatives; and (i) in the subparagraph heading, by insert- child safety, parental recovery, parenting ca- ‘‘(D) a description of the steps the State is ing ‘‘; PLANNING’’ after ‘‘APPROVAL’’; pacity, and family well-being. In developing taking to improve caseworker training or (ii) in clause (i), by striking ‘‘clause (ii)’’ the core indicators, to the extent possible, the process, if any; and’’. and inserting ‘‘clauses (ii) and (iii)’’; and indicators shall be made consistent with the SEC. 50732. DEVELOPMENT OF A STATEWIDE (iii) by adding at the end the following: outcome measures described in section PLAN TO PREVENT CHILD ABUSE ‘‘(iii) SUFFICIENT PLANNING.—A grant 471(e)(6)’’; and AND NEGLECT FATALITIES. awarded under this subsection shall be dis- (B) in subparagraph (B)— Section 422(b)(19) of the Social Security bursed in two phases: a planning phase (not (i) in the matter preceding clause (i), by in- Act (42 U.S.C. 622(b)(19)) is amended to read to exceed 2 years) and an implementation serting ‘‘base the performance measures on as follows: phase. The total disbursement to a grantee lessons learned from prior rounds of regional ‘‘(19) document steps taken to track and for the planning phase may not exceed partnership grants under this subsection, prevent child maltreatment deaths by in- $250,000, and may not exceed the total antici- and’’ before ‘‘consult’’; and cluding—

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S775 ‘‘(A) a description of the steps the State is quirements before being regarded as failing under section 474(a)(1) for amounts expended taking to compile complete and accurate in- to comply with the requirements. for foster care maintenance payments on be- formation on the deaths required by Federal PART IV—ENSURING THE NECESSITY OF A half of a child who remains placed in a quali- law to be reported by the State agency re- PLACEMENT THAT IS NOT IN A FOSTER fied residential treatment program after the ferred to in paragraph (1), including gath- FAMILY HOME end of the 30-day period that begins on the ering relevant information on the deaths date a determination is made that the place- from the relevant organizations in the State SEC. 50741. LIMITATION ON FEDERAL FINANCIAL ment is no longer the recommended or ap- PARTICIPATION FOR PLACEMENTS including entities such as State vital statis- THAT ARE NOT IN FOSTER FAMILY proved placement for the child. tics department, child death review teams, HOMES. ‘‘(4) QUALIFIED RESIDENTIAL TREATMENT law enforcement agencies, offices of medical (a) LIMITATION ON FEDERAL FINANCIAL PAR- PROGRAM.—For purposes of this part, the examiners, or coroners; and TICIPATION.— term ‘qualified residential treatment pro- ‘‘(B) a description of the steps the State is (1) IN GENERAL.—Section 472 of the Social gram’ means a program that— taking to develop and implement a com- Security Act (42 U.S.C. 672), as amended by ‘‘(A) has a trauma-informed treatment prehensive, statewide plan to prevent the fa- section 50712(a), is amended— model that is designed to address the needs, talities that involves and engages relevant (A) in subsection (a)(2)(C), by inserting ‘‘, including clinical needs as appropriate, of public and private agency partners, includ- but only to the extent permitted under sub- children with serious emotional or behav- ing those in public health, law enforcement, section (k)’’ after ‘‘institution’’; and ioral disorders or disturbances and, with re- and the courts.’’. (B) by adding at the end the following: spect to a child, is able to implement the SEC. 50733. MODERNIZING THE TITLE AND PUR- ‘‘(k) LIMITATION ON FEDERAL FINANCIAL treatment identified for the child by the as- POSE OF TITLE IV–E. PARTICIPATION.— sessment of the child required under section (a) PART HEADING.—The heading for part E ‘‘(1) IN GENERAL.—Beginning with the third 475A(c); of title IV of the Social Security Act (42 week for which foster care maintenance pay- ‘‘(B) subject to paragraphs (5) and (6), has U.S.C. 670 et seq.) is amended to read as fol- ments are made under this section on behalf registered or licensed nursing staff and other lows: of a child placed in a child-care institution, licensed clinical staff who— ‘‘PART E—FEDERAL PAYMENTS FOR FOS- no Federal payment shall be made to the ‘‘(i) provide care within the scope of their TER CARE, PREVENTION, AND PERMA- State under section 474(a)(1) for amounts ex- practice as defined by State law; NENCY’’. pended for foster care maintenance pay- ‘‘(ii) are on-site according to the treatment (b) PURPOSE.—The first sentence of section ments on behalf of the child unless— model referred to in subparagraph (A); and 470 of such Act (42 U.S.C. 670) is amended— ‘‘(A) the child is placed in a child-care in- ‘‘(iii) are available 24 hours a day and 7 (1) by striking ‘‘1995) and’’ and inserting stitution that is a setting specified in para- days a week; ‘‘1995),’’; graph (2) (or is placed in a licensed residen- ‘‘(C) to extent appropriate, and in accord- (2) by inserting ‘‘kinship guardianship as- tial family-based treatment facility con- ance with the child’s best interests, facili- sistance, and prevention services or pro- sistent with subsection (j)); and tates participation of family members in the grams specified in section 471(e)(1),’’ after ‘‘(B) in the case of a child placed in a quali- child’s treatment program; ‘‘needs,’’; and fied residential treatment program (as de- ‘‘(D) facilitates outreach to the family (3) by striking ‘‘(commencing with the fis- fined in paragraph (4)), the requirements members of the child, including siblings, cal year which begins October 1, 1980)’’. specified in paragraph (3) and section 475A(c) documents how the outreach is made (includ- SEC. 50734. EFFECTIVE DATES. are met. ing contact information), and maintains con- (a) EFFECTIVE DATES.— ‘‘(2) SPECIFIED SETTINGS FOR PLACEMENT.— tact information for any known biological (1) IN GENERAL.—Except as provided in The settings for placement specified in this family and fictive kin of the child; paragraph (2), subject to subsection (b), the paragraph are the following: ‘‘(E) documents how family members are amendments made by parts I through III of ‘‘(A) A qualified residential treatment pro- integrated into the treatment process for the this subtitle shall take effect on October 1, gram (as defined in paragraph (4)). child, including post-discharge, and how sib- 2018. ‘‘(B) A setting specializing in providing ling connections are maintained; (2) EXCEPTIONS.—The amendments made by prenatal, post-partum, or parenting supports ‘‘(F) provides discharge planning and fam- sections 50711(d), 50731, and 50733 shall take for youth. ily-based aftercare support for at least 6 effect on the date of enactment of this Act. ‘‘(C) In the case of a child who has attained months post-discharge; and (b) TRANSITION RULE.— 18 years of age, a supervised setting in which ‘‘(G) is licensed in accordance with section (1) IN GENERAL.—In the case of a State plan the child is living independently. 471(a)(10) and is accredited by any of the fol- under part B or E of title IV of the Social Se- ‘‘(D) A setting providing high-quality resi- lowing independent, not-for-profit organiza- curity Act which the Secretary of Health dential care and supportive services to chil- tions: and Human Services determines requires dren and youth who have been found to be, or ‘‘(i) The Commission on Accreditation of State legislation (other than legislation ap- are at risk of becoming, sex trafficking vic- Rehabilitation Facilities (CARF). propriating funds) in order for the plan to tims, in accordance with section 471(a)(9)(C). ‘‘(ii) The Joint Commission on Accredita- meet the additional requirements imposed ‘‘(3) ASSESSMENT TO DETERMINE APPRO- tion of Healthcare Organizations (JCAHO). by the amendments made by parts I through PRIATENESS OF PLACEMENT IN A QUALIFIED ‘‘(iii) The Council on Accreditation (COA). III of this subtitle, the State plan shall not RESIDENTIAL TREATMENT PROGRAM.— ‘‘(iv) Any other independent, not-for-profit be regarded as failing to comply with the re- ‘‘(A) DEADLINE FOR ASSESSMENT.—In the accrediting organization approved by the quirements of such part solely on the basis case of a child who is placed in a qualified Secretary. of the failure of the plan to meet such addi- residential treatment program, if the assess- ‘‘(5) ADMINISTRATIVE COSTS.—The prohibi- tional requirements before the first day of ment required under section 475A(c)(1) is not tion in paragraph (1) on Federal payments the first calendar quarter beginning after the completed within 30 days after the place- under section 474(a)(1) shall not be construed close of the first regular session of the State ment is made, no Federal payment shall be as prohibiting Federal payments for admin- legislature that begins after the date of en- made to the State under section 474(a)(1) for istrative expenditures incurred on behalf of a actment of this Act. For purposes of the pre- any amounts expended for foster care main- child placed in a child-care institution and vious sentence, in the case of a State that tenance payments on behalf of the child dur- for which payment is available under section has a 2-year legislative session, each year of ing the placement. 474(a)(3). the session shall be deemed to be a separate ‘‘(B) DEADLINE FOR TRANSITION OUT OF ‘‘(6) RULE OF CONSTRUCTION.—The require- regular session of the State legislature. PLACEMENT.—If the assessment required ments in paragraph (4)(B) shall not be con- (2) APPLICATION TO PROGRAMS OPERATED BY under section 475A(c)(1) determines that the strued as requiring a qualified residential INDIAN TRIBAL ORGANIZATIONS.—In the case of placement of a child in a qualified residen- treatment program to acquire nursing and an Indian tribe, tribal organization, or tribal tial treatment program is not appropriate, a behavioral health staff solely through means consortium which the Secretary of Health court disapproves such a placement under of a direct employer to employee relation- and Human Services determines requires section 475A(c)(2), or a child who has been in ship.’’. time to take action necessary to comply an approved placement in a qualified resi- (2) CONFORMING AMENDMENT.—Section with the additional requirements imposed by dential treatment program is going to return 474(a)(1) of the Social Security Act (42 U.S.C. the amendments made by parts I through III home or be placed with a fit and willing rel- 674(a)(1)), as amended by section 50712(b), is of this subtitle (whether the tribe, organiza- ative, a legal guardian, or an adoptive par- amended by striking ‘‘section 472(j)’’ and in- tion, or tribal consortium has a plan under ent, or in a foster family home, Federal pay- serting ‘‘subsections (j) and (k) of section section 479B of the Social Security Act or a ments shall be made to the State under sec- 472’’. cooperative agreement or contract entered tion 474(a)(1) for amounts expended for foster (b) DEFINITION OF FOSTER FAMILY HOME, into with a State), the Secretary shall pro- care maintenance payments on behalf of the CHILD-CARE INSTITUTION.—Section 472(c) of vide the tribe, organization, or tribal consor- child while the child remains in the qualified such Act (42 U.S.C. 672(c)(1)) is amended to tium with such additional time as the Sec- residential treatment program only during read as follows: retary determines is necessary for the tribe, the period necessary for the child to transi- ‘‘(c) DEFINITIONS.—For purposes of this organization, or tribal consortium to take tion home or to such a placement. In no part: the action to comply with the additional re- event shall a State receive Federal payments ‘‘(1) FOSTER FAMILY HOME.—

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‘‘(A) IN GENERAL.—The term ‘foster family lation of youth in the State’s juvenile justice ‘‘(I) the reasonable and good faith effort of home’ means the home of an individual or system.’’. the State to identify and include all the indi- family— (2) GAO STUDY AND REPORT.—The Comp- viduals described in clause (ii) on the child’s ‘‘(i) that is licensed or approved by the troller General of the United States shall family and permanency team; State in which it is situated as a foster fam- evaluate the impact, if any, on State juve- ‘‘(II) all contact information for members ily home that meets the standards estab- nile justice systems of the limitation im- of the family and permanency team, as well lished for the licensing or approval; and posed under section 472(k) of the Social Se- as contact information for other family ‘‘(ii) in which a child in foster care has curity Act (as added by section 50741(a)(1)) on members and fictive kin who are not part of been placed in the care of an individual, who foster care maintenance payments made on the family and permanency team; resides with the child and who has been li- behalf of any child who is placed in a setting ‘‘(III) evidence that meetings of the family censed or approved by the State to be a fos- that is not a foster family home, in accord- and permanency team, including meetings ter parent— ance with the amendments made by sub- relating to the assessment required under ‘‘(I) that the State deems capable of adher- sections (a) and (b) of this section. In par- subparagraph (A), are held at a time and ing to the reasonable and prudent parent ticular, the Comptroller General shall evalu- place convenient for family; standard; ate the extent to which children in foster ‘‘(IV) if reunification is the goal, evidence ‘‘(II) that provides 24-hour substitute care care who also are subject to the juvenile jus- demonstrating that the parent from whom for children placed away from their parents tice system of the State are placed in a facil- the child was removed provided input on the or other caretakers; and ity under the jurisdiction of the juvenile jus- members of the family and permanency ‘‘(III) that provides the care for not more tice system and whether the lack of avail- team; than six children in foster care. able congregate care placements under the ‘‘(V) evidence that the assessment required ‘‘(B) STATE FLEXIBILITY.—The number of jurisdiction of the child welfare systems is a under subparagraph (A) is determined in con- foster children that may be cared for in a contributing factor to that result. Not later junction with the family and permanency home under subparagraph (A) may exceed than December 31, 2025, the Comptroller Gen- team; the numerical limitation in subparagraph eral shall submit to Congress a report on the ‘‘(VI) the placement preferences of the (A)(ii)(III), at the option of the State, for any results of the evaluation. family and permanency team relative to the of the following reasons: SEC. 50742. ASSESSMENT AND DOCUMENTATION ‘‘(i) To allow a parenting youth in foster OF THE NEED FOR PLACEMENT IN A assessment that recognizes children should care to remain with the child of the par- QUALIFIED RESIDENTIAL TREAT- be placed with their siblings unless there is enting youth. MENT PROGRAM. a finding by the court that such placement is ‘‘(ii) To allow siblings to remain together. Section 475A of the Social Security Act (42 contrary to their best interest; and ‘‘(iii) To allow a child with an established U.S.C. 675a) is amended by adding at the end ‘‘(VII) if the placement preferences of the meaningful relationship with the family to the following: family and permanency team and child are remain with the family. ‘‘(c) ASSESSMENT, DOCUMENTATION, AND JU- not the placement setting recommended by ‘‘(iv) To allow a family with special train- DICIAL DETERMINATION REQUIREMENTS FOR the qualified individual conducting the as- ing or skills to provide care to a child who PLACEMENT IN A QUALIFIED RESIDENTIAL sessment under subparagraph (A), the rea- has a severe disability. TREATMENT PROGRAM.—In the case of any sons why the preferences of the team and of child who is placed in a qualified residential ‘‘(C) RULE OF CONSTRUCTION.—Subpara- the child were not recommended. graph (A) shall not be construed as prohib- treatment program (as defined in section ‘‘(C) In the case of a child who the qualified iting a foster parent from renting the home 472(k)(4)), the following requirements shall individual conducting the assessment under apply for purposes of approving the case plan in which the parent cares for a foster child subparagraph (A) determines should not be for the child and the case system review pro- placed in the parent’s care. placed in a foster family home, the qualified cedure for the child: ‘‘(2) CHILD-CARE INSTITUTION.— individual shall specify in writing the rea- ‘‘(1)(A) Within 30 days of the start of each ‘‘(A) IN GENERAL.—The term ‘child-care in- sons why the needs of the child cannot be placement in such a setting, a qualified indi- stitution’ means a private child-care institu- met by the family of the child or in a foster vidual (as defined in subparagraph (D)) tion, or a public child-care institution which family home. A shortage or lack of foster shall— accommodates no more than 25 children, family homes shall not be an acceptable rea- ‘‘(i) assess the strengths and needs of the which is licensed by the State in which it is son for determining that the needs of the child using an age-appropriate, evidence- situated or has been approved by the agency child cannot be met in a foster family home. based, validated, functional assessment tool of the State responsible for licensing or ap- The qualified individual also shall specify in approved by the Secretary; proval of institutions of this type as meeting writing why the recommended placement in ‘‘(ii) determine whether the needs of the the standards established for the licensing. a qualified residential treatment program is child can be met with family members or ‘‘(B) SUPERVISED SETTINGS.—In the case of the setting that will provide the child with through placement in a foster family home a child who has attained 18 years of age, the or, if not, which setting from among the set- the most effective and appropriate level of term shall include a supervised setting in tings specified in section 472(k)(2) would pro- care in the least restrictive environment and which the individual is living independently, vide the most effective and appropriate level how that placement is consistent with the in accordance with such conditions as the of care for the child in the least restrictive short- and long-term goals for the child, as Secretary shall establish in regulations. environment and be consistent with the specified in the permanency plan for the ‘‘(C) EXCLUSIONS.—The term shall not in- short- and long-term goals for the child, as child. clude detention facilities, forestry camps, specified in the permanency plan for the ‘‘(D)(i) Subject to clause (ii), in this sub- training schools, or any other facility oper- child; and section, the term ‘qualified individual’ ated primarily for the detention of children ‘‘(iii) develop a list of child-specific short- means a trained professional or licensed cli- who are determined to be delinquent.’’. and long-term mental and behavioral health nician who is not an employee of the State (c) TRAINING FOR STATE JUDGES, ATTOR- goals. agency and who is not connected to, or affili- NEYS, AND OTHER LEGAL PERSONNEL IN CHILD ated with, any placement setting in which WELFARE CASES.—Section 438(b)(1) of such ‘‘(B)(i) The State shall assemble a family and permanency team for the child in ac- children are placed by the State. Act (42 U.S.C. 629h(b)(1)) is amended in the ‘‘(ii) The Secretary may approve a request matter preceding subparagraph (A) by insert- cordance with the requirements of clauses of a State to waive any requirement in ing ‘‘shall provide for the training of judges, (ii) and (iii). The qualified individual con- clause (i) upon a submission by the State, in attorneys, and other legal personnel in child ducting the assessment required under sub- accordance with criteria established by the welfare cases on Federal child welfare poli- paragraph (A) shall work in conjunction with cies and payment limitations with respect to the family of, and permanency team for, the Secretary, that certifies that the trained children in foster care who are placed in set- child while conducting and making the as- professionals or licensed clinicians with re- tings that are not a foster family home,’’ sessment. sponsibility for performing the assessments after ‘‘with respect to the child,’’. ‘‘(ii) The family and permanency team described in subparagraph (A) shall maintain (d) ASSURANCE OF NONIMPACT ON JUVENILE shall consist of all appropriate biological objectivity with respect to determining the JUSTICE SYSTEM.— family members, relative, and fictive kin of most effective and appropriate placement for (1) STATE PLAN REQUIREMENT.—Section the child, as well as, as appropriate, profes- a child. 471(a) of such Act (42 U.S.C. 671(a)), as sionals who are a resource to the family of ‘‘(2) Within 60 days of the start of each amended by section 50731, is further amended the child, such as teachers, medical or men- placement in a qualified residential treat- by adding at the end the following: tal health providers who have treated the ment program, a family or juvenile court or ‘‘(37) includes a certification that, in re- child, or clergy. In the case of a child who another court (including a tribal court) of sponse to the limitation imposed under sec- has attained age 14, the family and perma- competent jurisdiction, or an administrative tion 472(k) with respect to foster care main- nency team shall include the members of the body appointed or approved by the court, tenance payments made on behalf of any permanency planning team for the child that independently, shall— child who is placed in a setting that is not a are selected by the child in accordance with ‘‘(A) consider the assessment, determina- foster family home, the State will not enact section 475(5)(C)(iv). tion, and documentation made by the quali- or advance policies or practices that would ‘‘(iii) The State shall document in the fied individual conducting the assessment result in a significant increase in the popu- child’s case plan— under paragraph (1);

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‘‘(B) determine whether the needs of the CONDITIONS.—The Secretary shall conduct an (b) TECHNICAL AMENDMENTS.—Subpara- child can be met through placement in a fos- evaluation of the procedures and protocols graphs (A) and (C) of section 471(a)(20) of the ter family home or, if not, whether place- established by States in accordance with the Social Security Act (42 U.S.C. 671(a)(20)) are ment of the child in a qualified residential requirements of section 422(b)(15)(A)(vii). each amended by striking ‘‘section treatment program provides the most effec- The evaluation shall analyze the extent to 534(e)(3)(A)’’ and inserting ‘‘section tive and appropriate level of care for the which States comply with and enforce the 534(f)(3)(A)’’. child in the least restrictive environment procedures and protocols and the effective- SEC. 50746. EFFECTIVE DATES; APPLICATION TO and whether that placement is consistent ness of various State procedures and proto- WAIVERS. with the short- and long-term goals for the cols and shall identify best practices. Not (a) EFFECTIVE DATES.— child, as specified in the permanency plan later than January 1, 2020, the Secretary (1) IN GENERAL.—Subject to paragraph (2) for the child; and shall submit a report on the results of the and subsections (b), (c), and (d), the amend- ‘‘(C) approve or disapprove the placement. evaluation to Congress.’’. ments made by this part shall take effect as ‘‘(3) The written documentation made SEC. 50744. ADDITIONAL DATA AND REPORTS RE- if enacted on January 1, 2018. under paragraph (1)(C) and documentation of GARDING CHILDREN PLACED IN A (2) TRANSITION RULE.—In the case of a the determination and approval or dis- SETTING THAT IS NOT A FOSTER State plan under part B or E of title IV of approval of the placement in a qualified resi- FAMILY HOME. the Social Security Act which the Secretary dential treatment program by a court or ad- Section 479A(a)(7)(A) of the Social Security of Health and Human Services determines re- ministrative body under paragraph (2) shall Act (42 U.S.C. 679b(a)(7)(A)) is amended by quires State legislation (other than legisla- be included in and made part of the case plan striking clauses (i) through (vi) and inserting tion appropriating funds) in order for the for the child. the following: plan to meet the additional requirements ‘‘(4) As long as a child remains placed in a ‘‘(i) with respect to each such placement— imposed by the amendments made by this qualified residential treatment program, the ‘‘(I) the type of the placement setting, in- part, the State plan shall not be regarded as State agency shall submit evidence at each cluding whether the placement is shelter failing to comply with the requirements of status review and each permanency hearing care, a group home and if so, the range of the part B or E of title IV of such Act solely on held with respect to the child— child population in the home, a residential the basis of the failure of the plan to meet ‘‘(A) demonstrating that ongoing assess- treatment facility, a hospital or institution the additional requirements before the first ment of the strengths and needs of the child providing medical, rehabilitative, or psy- day of the first calendar quarter beginning continues to support the determination that chiatric care, a setting specializing in pro- after the close of the first regular session of the needs of the child cannot be met through viding prenatal, post-partum, or parenting the State legislature that begins after the placement in a foster family home, that the supports, or some other kind of child-care in- date of enactment of this Act. For purposes placement in a qualified residential treat- stitution and if so, what kind; of the previous sentence, in the case of a ment program provides the most effective ‘‘(II) the number of children in the place- State that has a 2-year legislative session, and appropriate level of care for the child in ment setting and the age, race, ethnicity, each year of the session shall be deemed to the least restrictive environment, and that and gender of each of the children; be a separate regular session of the State the placement is consistent with the short- ‘‘(III) for each child in the placement set- legislature. and long-term goals for the child, as speci- ting, the length of the placement of the child (b) LIMITATION ON FEDERAL FINANCIAL PAR- fied in the permanency plan for the child; in the setting, whether the placement of the TICIPATION FOR PLACEMENTS THAT ARE NOT IN ‘‘(B) documenting the specific treatment child in the setting is the first placement of FOSTER FAMILY HOMES AND RELATED PROVI- or service needs that will be met for the the child and if not, the number and type of SIONS.— child in the placement and the length of previous placements of the child, and wheth- (1) IN GENERAL.—The amendments made by time the child is expected to need the treat- er the child has special needs or another di- sections 50741(a), 50741(b), 50741(d), and 50742 ment or services; and agnosed mental or physical illness or condi- shall take effect on October 1, 2019. ‘‘(C) documenting the efforts made by the tion; and (2) STATE OPTION TO DELAY EFFECTIVE DATE State agency to prepare the child to return ‘‘(IV) the extent of any specialized edu- FOR NOT MORE THAN 2 YEARS.—If a State re- home or to be placed with a fit and willing cation, treatment, counseling, or other serv- quests a delay in the effective date, the Sec- relative, a legal guardian, or an adoptive ices provided in the setting; and retary of Health and Human Services shall parent, or in a foster family home. ‘‘(ii) separately, the number and ages of delay the effective date provided for in para- ‘‘(5) In the case of any child who is placed children in the placements who have a per- graph (1) with respect to the State for the in a qualified residential treatment program manency plan of another planned permanent amount of time requested by the State, not for more than 12 consecutive months or 18 living arrangement; and’’. to exceed 2 years. If the effective date is so nonconsecutive months (or, in the case of a SEC. 50745. CRIMINAL RECORDS CHECKS AND delayed for a period with respect to a State child who has not attained age 13, for more CHECKS OF CHILD ABUSE AND NE- under the preceding sentence, then— than 6 consecutive or nonconsecutive GLECT REGISTRIES FOR ADULTS (A) notwithstanding section 50734, the date months), the State agency shall submit to WORKING IN CHILD-CARE INSTITU- TIONS AND OTHER GROUP CARE that the amendments made by section the Secretary— 50711(c) take effect with respect to the State ‘‘(A) the most recent versions of the evi- SETTINGS. (a) STATE PLAN REQUIREMENT.—Section shall be delayed for the period; and dence and documentation specified in para- 471(a)(20) of the Social Security Act (42 (B) in applying section 474(a)(6) of the So- graph (4); and U.S.C. 671(a)(20)) is amended— cial Security Act with respect to the State, ‘‘(B) the signed approval of the head of the (1) in subparagraph (A)(ii), by striking ‘‘on or after the date this paragraph takes ef- State agency for the continued placement of ‘‘and’’ after the semicolon; fect with respect to the State’’ is deemed to the child in that setting.’’. (2) in subparagraph (B)(iii), by striking be substituted for ‘‘after September 30, 2019’’ SEC. 50743. PROTOCOLS TO PREVENT INAPPRO- in subparagraph (A)(i)(I) of such section. PRIATE DIAGNOSES. ‘‘and’’after the semicolon; (3) in subparagraph (C), by adding ‘‘and’’ (c) CRIMINAL RECORDS CHECKS AND CHECKS (a) STATE PLAN REQUIREMENT.—Section OF CHILD ABUSE AND NEGLECT REGISTRIES 422(b)(15)(A) of the Social Security Act (42 after the semicolon; and (4) by inserting after subparagraph (C), the FOR ADULTS WORKING IN CHILD-CARE INSTITU- U.S.C. 622(b)(15)(A)) is amended— TIONS AND OTHER GROUP CARE SETTINGS.— (1) in clause (vi), by striking ‘‘and’’ after following new subparagraph: ‘‘(D) provides procedures for any child-care Subject to subsection (a)(2), the amendments the semicolon; made by section 50745 shall take effect on Oc- (2) by redesignating clause (vii) as clause institution, including a group home, residen- tial treatment center, shelter, or other con- tober 1, 2018. (viii); and (d) APPLICATION TO STATES WITH WAIV- (3) by inserting after clause (vi) the fol- gregate care setting, to conduct criminal records checks, including fingerprint-based ERS.—In the case of a State that, on the date lowing: of enactment of this Act, has in effect a ‘‘(vii) the procedures and protocols the checks of national crime information data- bases (as defined in section 534(f)(3)(A) of waiver approved under section 1130 of the So- State has established to ensure that children cial Security Act (42 U.S.C. 1320a–9), the in foster care placements are not inappropri- title 28, United States Code), and checks de- scribed in subparagraph (B) of this para- amendments made by this part shall not ately diagnosed with mental illness, other apply with respect to the State before the emotional or behavioral disorders, medically graph, on any adult working in a child-care institution, including a group home, residen- expiration (determined without regard to fragile conditions, or developmental disabil- any extensions) of the waiver to the extent ities, and placed in settings that are not fos- tial treatment center, shelter, or other con- gregate care setting, unless the State reports the amendments are inconsistent with the ter family homes as a result of the inappro- terms of the waiver. priate diagnoses; and’’. to the Secretary the alternative criminal (b) EVALUATION.—Section 476 of such Act records checks and child abuse registry PART V—CONTINUING SUPPORT FOR (42 U.S.C. 676), as amended by section checks the State conducts on any adult CHILD AND FAMILY SERVICES 50711(d), is further amended by adding at the working in a child-care institution, includ- SEC. 50751. SUPPORTING AND RETAINING FOS- end the following: ing a group home, residential treatment cen- TER FAMILIES FOR CHILDREN. ‘‘(e) EVALUATION OF STATE PROCEDURES ter, shelter, or other congregate care setting, (a) SUPPORTING AND RETAINING FOSTER AND PROTOCOLS TO PREVENT INAPPROPRIATE and why the checks specified in this subpara- PARENTS AS A FAMILY SUPPORT SERVICE.— DIAGNOSES OF MENTAL ILLNESS OR OTHER graph are not appropriate for the State;’’. Section 431(a)(2)(B) of the Social Security

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S778 CONGRESSIONAL RECORD — SENATE February 7, 2018 Act (42 U.S.C. 631(a)(2)(B)) is amended by re- (C) by adding at the end the following: (B) by inserting ‘‘, but in no event may a designating clauses (iii) through (vi) as ‘‘(ii) If the State has elected under section youth participate in the program for more clauses (iv) through (vii), respectively, and 475(8)(B) to extend eligibility for foster care than 5 years (whether or not consecutive)’’ inserting after clause (ii) the following: to all children who have not attained 21 before the period. ‘‘(iii) To support and retain foster families years of age, or if the Secretary determines (2) CONFORMING AMENDMENT.—Section so they can provide quality family-based set- that the State agency responsible for admin- 477(i)(1) of such Act (42 U.S.C. 677(i)(1)) is tings for children in foster care.’’. istering the State plans under this part and amended by inserting ‘‘who have attained 14 (b) SUPPORT FOR FOSTER FAMILY HOMES.— part B uses State funds or any other funds years of age’’ before the period. Section 436 of such Act (42 U.S.C. 629f) is not provided under this part to provide serv- (d) OTHER IMPROVEMENTS.—Section 477 of amended by adding at the end the following: ices and assistance for youths who have aged such Act (42 U.S.C. 677), as amended by sub- ‘‘(c) SUPPORT FOR FOSTER FAMILY HOMES.— out of foster care that are comparable to the sections (a), (b), and (c), is amended— Out of any money in the Treasury of the services and assistance the youths would re- (1) in the section heading, by striking United States not otherwise appropriated, ceive if the State had made such an election, ‘‘INDEPENDENCE PROGRAM’’ and inserting there are appropriated to the Secretary for the certification required under clause (i) ‘‘PROGRAM FOR SUCCESSFUL TRANSITION TO fiscal year 2018, $8,000,000 for the Secretary may provide that the State will provide as- ADULTHOOD’’; to make competitive grants to States, Indian sistance and services to youths who have (2) in subsection (a)— tribes, or tribal consortia to support the re- aged out of foster care and have not attained (A) in paragraph (1)— cruitment and retention of high-quality fos- 23 years of age.’’; and (i) by striking ‘‘identify children who are ter families to increase their capacity to (3) in subsection (b)(3)(B), by striking likely to remain in foster care until 18 years place more children in family settings, fo- ‘‘children who have left foster care’’ and all of age and to help these children make the cused on States, Indian tribes, or tribal con- that follows through the period and inserting transition to self-sufficiency by providing sortia with the highest percentage of chil- ‘‘youths who have aged out of foster care and services’’ and inserting ‘‘support all youth dren in non-family settings. The amount ap- have not attained 21 years of age (or 23 years who have experienced foster care at age 14 or propriated under this subparagraph shall re- of age, in the case of a State with a certifi- older in their transition to adulthood main available through fiscal year 2022.’’. cation under subparagraph (A)(i) to provide through transitional services’’; SEC. 50752. EXTENSION OF CHILD AND FAMILY assistance and services to youths who have (ii) by inserting ‘‘and post-secondary edu- SERVICES PROGRAMS. aged out of foster care and have not attained cation’’ after ‘‘high school diploma’’; and (a) EXTENSION OF STEPHANIE TUBBS JONES such age, in accordance with subparagraph (iii) by striking ‘‘training in daily living CHILD WELFARE SERVICES PROGRAM.—Section (A)(ii)).’’. skills, training in budgeting and financial 425 of the Social Security Act (42 U.S.C. 625) (b) AUTHORITY TO REDISTRIBUTE UNSPENT management skills’’ and inserting ‘‘training is amended by striking ‘‘2012 through 2016’’ FUNDS.—Section 477(d) of such Act (42 U.S.C. and opportunities to practice daily living and inserting ‘‘2017 through 2021’’. 677(d)) is amended— skills (such as financial literacy training and (b) EXTENSION OF PROMOTING SAFE AND (1) in paragraph (4), by inserting ‘‘or does driving instruction)’’; STABLE FAMILIES PROGRAM AUTHORIZA- not expend allocated funds within the time (B) in paragraph (2), by striking ‘‘who are TIONS.— period specified under section 477(d)(3)’’ after likely to remain in foster care until 18 years (1) IN GENERAL.—Section 436(a) of such Act ‘‘provided by the Secretary’’; and of age receive the education, training, and (42 U.S.C. 629f(a)) is amended by striking all (2) by adding at the end the following: services necessary to obtain employment’’ that follows ‘‘$345,000,000’’ and inserting ‘‘for ‘‘(5) REDISTRIBUTION OF UNEXPENDED and inserting ‘‘who have experienced foster each of fiscal years 2017 through 2021.’’. AMOUNTS.— care at age 14 or older achieve meaningful, (2) DISCRETIONARY GRANTS.—Section 437(a) ‘‘(A) AVAILABILITY OF AMOUNTS.—To the ex- permanent connections with a caring adult’’; of such Act (42 U.S.C. 629g(a)) is amended by tent that amounts paid to States under this (C) in paragraph (3), by striking ‘‘who are striking ‘‘2012 through 2016’’ and inserting section in a fiscal year remain unexpended likely to remain in foster care until 18 years ‘‘2017 through 2021’’. by the States at the end of the succeeding of age prepare for and enter postsecondary (c) EXTENSION OF FUNDING RESERVATIONS fiscal year, the Secretary may make the training and education institutions’’ and in- FOR MONTHLY CASEWORKER VISITS AND RE- amounts available for redistribution in the serting ‘‘who have experienced foster care at GIONAL PARTNERSHIP GRANTS.—Section 436(b) second succeeding fiscal year among the of such Act (42 U.S.C. 629f(b)) is amended— age 14 or older engage in age or develop- States that apply for additional funds under (1) in paragraph (4)(A), by striking ‘‘2012 mentally appropriate activities, positive this section for that second succeeding fiscal through 2016’’ and inserting ‘‘2017 through youth development, and experiential learn- year. 2021’’; and ing that reflects what their peers in intact ‘‘(B) REDISTRIBUTION.— (2) in paragraph (5), by striking ‘‘2012 families experience’’; and ‘‘(i) IN GENERAL.—The Secretary shall re- through 2016’’ and inserting ‘‘2017 through (D) by striking paragraph (4) and redesig- distribute the amounts made available under 2021’’. nating paragraphs (5) through (8) as para- subparagraph (A) for a fiscal year among eli- (d) REAUTHORIZATION OF FUNDING FOR graphs (4) through (7); gible applicant States. In this subparagraph, STATE COURTS.— (3) in subsection (b)— the term ‘eligible applicant State’ means a (1) EXTENSION OF PROGRAM.—Section (A) in paragraph (2)(D), by striking ‘‘ado- State that has applied for additional funds 438(c)(1) of such Act (42 U.S.C. 629h(c)(1)) is lescents’’ and inserting ‘‘youth’’; and for the fiscal year under subparagraph (A) if amended by striking ‘‘2012 through 2016’’ and (B) in paragraph (3)— the Secretary determines that the State will inserting ‘‘2017 through 2021’’. (i) in subparagraph (D)— use the funds for the purpose for which origi- (2) EXTENSION OF FEDERAL SHARE.—Section (I) by inserting ‘‘including training on nally allotted under this section. 438(d) of such Act (42 U.S.C. 629h(d)) is youth development’’ after ‘‘to provide train- ‘‘(ii) AMOUNT TO BE REDISTRIBUTED.—The amended by striking ‘‘2012 through 2016’’ and ing’’; and amount to be redistributed to each eligible inserting ‘‘2017 through 2021’’. (II) by striking ‘‘adolescents preparing for applicant State shall be the amount so made (e) REPEAL OF EXPIRED PROVISIONS.—Sec- independent living’’ and all that follows tion 438(e) of such Act (42 U.S.C. 629h(e)) is available multiplied by the State foster care through the period and inserting ‘‘youth pre- repealed. ratio, (as defined in subsection (c)(4), except paring for a successful transition to adult- that, in such subsection, ‘all eligible appli- SEC. 50753. IMPROVEMENTS TO THE JOHN H. hood and making a permanent connection CHAFEE FOSTER CARE INDEPEND- cant States (as defined in subsection with a caring adult.’’; ENCE PROGRAM AND RELATED PRO- (d)(5)(B)(i))’ shall be substituted for ‘all (ii) in subparagraph (H), by striking ‘‘ado- VISIONS. States’). lescents’’ each place it appears and inserting (a) AUTHORITY TO SERVE FORMER FOSTER ‘‘(iii) TREATMENT OF REDISTRIBUTED ‘‘youth’’; and YOUTH UP TO AGE 23.—Section 477 of the So- AMOUNT.—Any amount made available to a (iii) in subparagraph (K)— cial Security Act (42 U.S.C. 677) is amended— State under this paragraph shall be regarded (I) by striking ‘‘an adolescent’’ and insert- (1) in subsection (a)(5), by inserting ‘‘(or 23 as part of the allotment of the State under ing ‘‘a youth’’; and years of age, in the case of a State with a this section for the fiscal year in which the (II) by striking ‘‘the adolescent’’ each certification under subsection (b)(3)(A)(ii) to redistribution is made. place it appears and inserting ‘‘the youth’’; provide assistance and services to youths ‘‘(C) TRIBES.—For purposes of this para- and who have aged out of foster care and have graph, the term ‘State’ includes an Indian (4) in subsection (f), by striking paragraph not attained such age, in accordance with tribe, tribal organization, or tribal consor- (2) and inserting the following: such subsection)’’ after ‘‘21 years of age’’; tium that receives an allotment under this ‘‘(2) REPORT TO CONGRESS.—Not later than (2) in subsection (b)(3)(A)— section.’’. October 1, 2019, the Secretary shall submit to (A) by inserting ‘‘(i)’’ before ‘‘A certifi- (c) EXPANDING AND CLARIFYING THE USE OF the Committee on Ways and Means of the cation’’; EDUCATION AND TRAINING VOUCHERS.— House of Representatives and the Committee (B) by striking ‘‘children who have left fos- (1) IN GENERAL.—Section 477(i)(3) of such on Finance of the Senate a report on the Na- ter care’’ and all that follows through the pe- Act (42 U.S.C. 677(i)(3)) is amended— tional Youth in Transition Database and any riod and inserting ‘‘youths who have aged (A) by striking ‘‘on the date’’ and all that other databases in which States report out- out of foster care and have not attained 21 follows through ‘‘23’’ and inserting ‘‘to re- come measures relating to children in foster years of age.’’; and main eligible until they attain 26’’; and care and children who have aged out of foster

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S779 care or left foster care for kinship guardian- ‘‘(1) incorporate a widely accepted, non- (1) The requirement to spend an amount ship or adoption. The report shall include proprietary, searchable, computer-readable equal to the amount of the savings (if any) in the following: format, such as the Extensible Markup Lan- State expenditures under part E of title IV of ‘‘(A) A description of the reasons for entry guage; the Social Security Act resulting from phas- into foster care and of the foster care experi- ‘‘(2) contain interoperable standards devel- ing out the AFDC income eligibility require- ences, such as length of stay, number of oped and maintained by intergovernmental ments for adoption assistance payments placement settings, case goal, and discharge partnerships, such as the National Informa- under section 473 of such Act to provide to reason of 17-year-olds who are surveyed by tion Exchange Model; children of families any service that may be the National Youth in Transition Database ‘‘(3) incorporate interoperable standards provided under part B or E of title IV of such and an analysis of the comparison of that de- developed and maintained by Federal enti- Act. scription with the reasons for entry and fos- ties with authority over contracting and fi- (2) The requirement that a State shall ter care experiences of children of other ages nancial assistance; spend not less than 30 percent of the amount who exit from foster care before attaining ‘‘(4) be consistent with and implement ap- of any savings described in paragraph (1) on age 17. plicable accounting principles; post-adoption services, post-guardianship ‘‘(B) A description of the characteristics of ‘‘(5) be implemented in a manner that is services, and services to support and sustain the individuals who report poor outcomes at cost-effective and improves program effi- positive permanent outcomes for children ages 19 and 21 to the National Youth in Tran- ciency and effectiveness; and who otherwise might enter into foster care sition Database. ‘‘(6) be capable of being continually up- under the responsibility of the State, with at ‘‘(C) Benchmarks for determining what graded as necessary. least 2⁄3 of the spending by the State to com- constitutes a poor outcome for youth who re- ‘‘(c) RULE OF CONSTRUCTION.—Nothing in ply with the 30 percent requirement being main in or have exited from foster care and this subsection shall be construed to require spent on post-adoption and post-guardian- plans the executive branch will take to in- a change to existing data exchange standards ship services. corporate these benchmarks in efforts to found to be effective and efficient.’’. (b) REPORT.—The Comptroller General of evaluate child welfare agency performance (b) EFFECTIVE DATE.—Not later than the the United States shall submit to the Com- in providing services to children date that is 24 months after the date of the mittee on Finance of the Senate, the Com- transitioning from foster care. enactment of this section, the Secretary of mittee on Ways and Means of the House of ‘‘(D) An analysis of the association be- Health and Human Services shall issue a pro- Representatives, and the Secretary of Health tween types of placement, number of overall posed rule that— and Human Services a report that contains placements, time spent in foster care, and (1) identifies federally required data ex- the results of the study required by sub- other factors, and outcomes at ages 19 and changes, include specification and timing of section (a), including recommendations to 21. exchanges to be standardized, and address ensure compliance with laws referred to in ‘‘(E) An analysis of the differences in out- the factors used in determining whether and subsection (a). comes for children in and formerly in foster when to standardize data exchanges; and TITLE VIII—SUPPORTING SOCIAL IMPACT care at age 19 and 21 among States.’’. (2) specifies State implementation options PARTNERSHIPS TO PAY FOR RESULTS and describes future milestones. (e) CLARIFYING DOCUMENTATION PROVIDED SEC. 50801. SHORT TITLE. TO FOSTER YOUTH LEAVING FOSTER CARE.— SEC. 50772. TECHNICAL CORRECTIONS TO STATE This subtitle may be cited as the ‘‘Social Section 475(5)(I) of such Act (42 U.S.C. REQUIREMENT TO ADDRESS THE Impact Partnerships to Pay for Results DEVELOPMENTAL NEEDS OF YOUNG 675(5)(I)) is amended by inserting after Act’’. ‘‘REAL ID Act of 2005’’ the following: ‘‘, and CHILDREN. SEC. 50802. SOCIAL IMPACT PARTNERSHIPS TO any official documentation necessary to Section 422(b)(18) of the Social Security Act (42 U.S.C. 622(b)(18)) is amended by strik- PAY FOR RESULTS. prove that the child was previously in foster Title XX of the Social Security Act (42 care’’. ing ‘‘such children’’ and inserting ‘‘all vul- nerable children under 5 years of age’’. U.S.C. 1397 et seq.) is amended— PART VI—CONTINUING INCENTIVES TO (1) in the title heading, by striking ‘‘TO PART VIII—ENSURING STATES REINVEST STATES TO PROMOTE ADOPTION AND STATES’’ and inserting ‘‘AND PRO- SAVINGS RESULTING FROM INCREASE LEGAL GUARDIANSHIP GRAMS’’; and IN ADOPTION ASSISTANCE SEC. 50761. REAUTHORIZING ADOPTION AND (2) by adding at the end the following: LEGAL GUARDIANSHIP INCENTIVE SEC. 50781. DELAY OF ADOPTION ASSISTANCE ‘‘Subtitle C—Social Impact Demonstration PHASE-IN. PROGRAMS. Projects (a) IN GENERAL.—Section 473A of the Social (a) IN GENERAL.—The table in section PURPOSES Security Act (42 U.S.C. 673b) is amended— 473(e)(1)(B) of the Social Security Act (42 ‘‘ (1) in subsection (b)(4), by striking ‘‘2013 U.S.C. 673(e)(1)(B)) is amended by striking ‘‘SEC. 2051. The purposes of this subtitle through 2015’’ and inserting ‘‘2016 through the last 2 rows and inserting the following: are the following: 2020’’; ‘‘(1) To improve the lives of families and individuals in need in the United States by (2) in subsection (h)(1)(D), by striking ‘‘2017 through 2023 ...... 2 funding social programs that achieve real re- ‘‘2016’’ and inserting ‘‘2021’’; and 2024 ...... 2 (or, in the case of a child for sults. (3) in subsection (h)(2), by striking ‘‘2016’’ whom an adoption assist- ‘‘(2) To redirect funds away from programs and inserting ‘‘2021’’. ance agreement is entered that, based on objective data, are ineffective, (b) EFFECTIVE DATE.—The amendments into under this section on or and into programs that achieve demon- made by subsection (a) shall take effect as if after July 1, 2024, any age) strable, measurable results. enacted on October 1, 2017. 2025 or thereafter ...... any age.’’. PART VII—TECHNICAL CORRECTIONS ‘‘(3) To ensure Federal funds are used effec- tively on social services to produce positive (b) EFFECTIVE DATE.—The amendment SEC. 50771. TECHNICAL CORRECTIONS TO DATA outcomes for both service recipients and tax- EXCHANGE STANDARDS TO IM- made by this section shall take effect as if payers. PROVE PROGRAM COORDINATION. enacted on January 1, 2018. ‘‘(4) To establish the use of social impact (a) IN GENERAL.—Section 440 of the Social SEC. 50782. GAO STUDY AND REPORT ON STATE Security Act (42 U.S.C. 629m) is amended to partnerships to address some of our Nation’s REINVESTMENT OF SAVINGS RE- most pressing problems. read as follows: SULTING FROM INCREASE IN ADOP- ‘‘(5) To facilitate the creation of public-pri- ‘‘SEC. 440. DATA EXCHANGE STANDARDS FOR IM- TION ASSISTANCE. PROVED INTEROPERABILITY. (a) STUDY.—The Comptroller General of vate partnerships that bundle philanthropic or other private resources with existing pub- ‘‘(a) DESIGNATION.—The Secretary shall, in the United States shall study the extent to consultation with an interagency work which States are complying with the re- lic spending to scale up effective social inter- group established by the Office of Manage- quirements of section 473(a)(8) of the Social ventions already being implemented by pri- ment and Budget and considering State gov- Security Act (42 U.S.C. 673(a)(8)) relating to vate organizations, nonprofits, charitable or- ernment perspectives, by rule, designate the effects of phasing out the AFDC income ganizations, and State and local govern- data exchange standards to govern, under eligibility requirements for adoption assist- ments across the country. this part and part E— ance payments under section 473 of the So- ‘‘(6) To bring pay-for-performance to the ‘‘(1) necessary categories of information cial Security Act, as enacted by section 402 social sector, allowing the United States to that State agencies operating programs of the Fostering Connections to Success and improve the impact and effectiveness of vital under State plans approved under this part Increasing Adoptions Act of 2008 (Public Law social services programs while redirecting are required under applicable Federal law to 110–351; 122 Stat. 3975) and amended by sec- inefficient or duplicative spending. electronically exchange with another State tion 206 of the Preventing Sex Trafficking ‘‘(7) To incorporate outcomes measure- agency; and and Strengthening Families Act (Public Law ment and randomized controlled trials or ‘‘(2) Federal reporting and data exchange 113–183; 128 Stat. 1919). In particular, the other rigorous methodologies for assessing required under applicable Federal law. Comptroller General shall analyze the extent program impact. ‘‘(b) REQUIREMENTS.—The data exchange to which States are complying with the fol- ‘‘SOCIAL IMPACT PARTNERSHIP APPLICATION standards required by paragraph (1) shall, to lowing requirements under section ‘‘SEC. 2052. (a) NOTICE.—Not later than 1 the extent practicable— 473(a)(8)(D) of the Social Security Act: year after the date of the enactment of this

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S780 CONGRESSIONAL RECORD — SENATE February 7, 2018 subtitle, the Secretary of the Treasury, in ‘‘(2) A description of each intervention in ized controlled trials on the intervention or consultation with the Federal Interagency the project and anticipated outcomes of the similar interventions. Council on Social Impact Partnerships, shall intervention. ‘‘(23) The capacity of the service provider publish in the Federal Register a request for ‘‘(3) Rigorous evidence demonstrating that to deliver the intervention to the number of proposals from States or local governments the intervention can be expected to produce participants the State or local government for social impact partnership projects in ac- the desired outcomes. proposes to serve in the project. cordance with this section. ‘‘(4) The target population that will be ‘‘(24) A description of whether and how the served by the project. State or local government and service pro- ‘‘(b) REQUIRED OUTCOMES FOR SOCIAL IM- ‘‘(5) The expected social benefits to partici- viders plan to sustain the intervention, if it PACT PARTNERSHIP PROJECT.—To qualify as a pants who receive the intervention and oth- is timely and appropriate to do so, to ensure social impact partnership project under this ers who may be impacted. that successful interventions continue to op- subtitle, a project must produce one or more ‘‘(6) Projected Federal, State, and local erate after the period of the social impact measurable, clearly defined outcomes that government costs and other costs to conduct partnership. result in social benefit and Federal, State, or the project. ‘‘(d) PROJECT INTERMEDIARY INFORMATION local savings through any of the following: ‘‘(7) Projected Federal, State, and local REQUIRED.—The application described in sub- ‘‘(1) Increasing work and earnings by indi- government savings and other savings, in- section (c) shall also contain the following viduals in the United States who are unem- cluding an estimate of the savings to the information about any intermediary for the ployed for more than 6 consecutive months. Federal Government, on a program-by-pro- social impact partnership project (whether ‘‘(2) Increasing employment and earnings gram basis and in the aggregate, if the an intermediary is a service provider or of individuals who have attained 16 years of project is implemented and the outcomes are other entity): age but not 25 years of age. achieved as a result of the intervention. ‘‘(1) Experience and capacity for providing ‘‘(3) Increasing employment among indi- ‘‘(8) If savings resulting from the success- or facilitating the provision of the type of viduals receiving Federal disability benefits. ful completion of the project are estimated intervention proposed. ‘‘(4) Reducing the dependence of low-in- to accrue to the State or local government, ‘‘(2) The mission and goals. come families on Federal means-tested bene- the likelihood of the State or local govern- ‘‘(3) Information on whether the inter- fits. ment to realize those savings. mediary is already working with service pro- ‘‘(5) Improving rates of high school gradua- ‘‘(9) A plan for delivering the intervention viders that provide this intervention or an tion. through a social impact partnership model. explanation of the capacity of the inter- ‘‘(6) Reducing teen and unplanned preg- ‘‘(10) A description of the expertise of each mediary to begin working with service pro- nancies. service provider that will administer the viders to provide the intervention. ‘‘(7) Improving birth outcomes and early intervention, including a summary of the ex- ‘‘(4) Experience working in a collaborative childhood health and development among perience of the service provider in delivering environment across government and non- low-income families and individuals. the proposed intervention or a similar inter- governmental entities. ‘‘(8) Reducing rates of asthma, diabetes, or vention, or demonstrating that the service ‘‘(5) Previous experience collaborating other preventable diseases among low-in- provider has the expertise necessary to de- with public or private entities to implement come families and individuals to reduce the liver the proposed intervention. evidence-based programs. utilization of emergency and other high-cost ‘‘(11) An explanation of the experience of ‘‘(6) Ability to raise or provide funding to care. the State or local government, the inter- cover operating costs (if applicable to the ‘‘(9) Increasing the proportion of children mediary, or the service provider in raising project). living in two-parent families. private and philanthropic capital to fund so- ‘‘(7) Capacity and infrastructure to track cial service investments. ‘‘(10) Reducing incidences and adverse con- outcomes and measure results, including— ‘‘(12) The detailed roles and responsibilities sequences of child abuse and neglect. ‘‘(A) capacity to track and analyze pro- of each entity involved in the project, in- ‘‘(11) Reducing the number of youth in fos- gram performance and assess program im- cluding any State or local government enti- ter care by increasing adoptions, permanent pact; and ty, intermediary, service provider, inde- guardianship arrangements, reunifications, ‘‘(B) experience with performance-based pendent evaluator, investor, or other stake- or placements with a fit and willing relative, awards or performance-based contracting holder. or by avoiding placing children in foster care and achieving project milestones and tar- ‘‘(13) A summary of the experience of the by ensuring they can be cared for safely in gets. service provider in delivering the proposed their own homes. ‘‘(8) Role in delivering the intervention. ‘‘(12) Reducing the number of children and intervention or a similar intervention, or a summary demonstrating the service provider ‘‘(9) How the intermediary would monitor youth in foster care residing in group homes, program success, including a description of child care institutions, agency-operated fos- has the expertise necessary to deliver the proposed intervention. the interim benchmarks and outcome meas- ter homes, or other non-family foster homes, ures. unless it is determined that it is in the inter- ‘‘(14) A summary of the unmet need in the area where the intervention will be delivered ‘‘(e) FEASIBILITY STUDIES FUNDED THROUGH est of the child’s long-term health, safety, or OTHER SOURCES.—The notice described in psychological well-being to not be placed in or among the target population who will re- ceive the intervention. subsection (a) shall permit a State or local a family foster home. ‘‘(15) The proposed payment terms, the government to submit an application for so- ‘‘(13) Reducing the number of children re- methodology used to calculate outcome pay- cial impact partnership funding that con- turning to foster care. ments, the payment schedule, and perform- tains information from a feasibility study ‘‘(14) Reducing recidivism among juvenile ance thresholds. developed for purposes other than applying offenders, individuals released from prison, ‘‘(16) The project budget. for funding under this subtitle. or other high-risk populations. ‘‘(17) The project timeline. ‘‘AWARDING SOCIAL IMPACT PARTNERSHIP ‘‘(15) Reducing the rate of homelessness ‘‘(18) The criteria used to determine the AGREEMENTS among our most vulnerable populations. eligibility of an individual for the project, ‘‘SEC. 2053. (a) TIMELINE IN AWARDING ‘‘(16) Improving the health and well-being including how selected populations will be AGREEMENT.—Not later than 6 months after of those with mental, emotional, and behav- identified, how they will be referred to the receiving an application in accordance with ioral health needs. project, and how they will be enrolled in the section 2052, the Secretary, in consultation ‘‘(17) Improving the educational outcomes project. with the Federal Interagency Council on So- of special-needs or low-income children. ‘‘(19) The evaluation design. cial Impact Partnerships, shall determine ‘‘(18) Improving the employment and well- ‘‘(20) The metrics that will be used in the whether to enter into an agreement for a so- being of returning United States military evaluation to determine whether the out- cial impact partnership project with a State members. comes have been achieved as a result of the or local government. ‘‘(19) Increasing the financial stability of intervention and how the metrics will be ‘‘(b) CONSIDERATIONS IN AWARDING AGREE- low-income families. measured. MENT.—In determining whether to enter into ‘‘(20) Increasing the independence and em- ‘‘(21) An explanation of how the metrics an agreement for a social impact partnership ployability of individuals who are physically used in the evaluation to determine whether project (the application for which was sub- or mentally disabled. the outcomes achieved as a result of the mitted under section 2052) the Secretary, in ‘‘(21) Other measurable outcomes defined intervention are independent, objective indi- consultation with the Federal Interagency by the State or local government that result cators of impact and are not subject to ma- Council on Social Impact Partnerships and in positive social outcomes and Federal sav- nipulation by the service provider, inter- the head of any Federal agency admin- ings. mediary, or investor. istering a similar intervention or serving a ‘‘(c) APPLICATION REQUIRED.—The notice ‘‘(22) A summary explaining the independ- population similar to that served by the described in subsection (a) shall require a ence of the evaluator from the other entities project, shall consider each of the following: State or local government to submit an ap- involved in the project and the evaluator’s ‘‘(1) The recommendations made by the plication for the social impact partnership experience in conducting rigorous evalua- Commission on Social Impact Partnerships. project that addresses the following: tions of program effectiveness including, ‘‘(2) The value to the Federal Government ‘‘(1) The outcome goals of the project. where available, well-implemented random- of the outcomes expected to be achieved if

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S781 the outcomes specified in the agreement are ‘‘(2) A description of each intervention in or local government to apply for social im- achieved as a result of the intervention. the project. pact partnership funding under section 2052. ‘‘(3) The likelihood, based on evidence pro- ‘‘(3) The target population that will be ‘‘(b) FEDERAL SELECTION OF APPLICATIONS vided in the application and other evidence, served by the project. FOR FEASIBILITY STUDY.—Not later than 6 that the State or local government in col- ‘‘(4) The expected social benefits to partici- months after receiving an application for laboration with the intermediary and the pants who receive the intervention and oth- feasibility study funding under subsection service providers will achieve the outcomes. ers who may be impacted. (a), the Secretary, in consultation with the ‘‘(4) The savings to the Federal Govern- ‘‘(5) The detailed roles, responsibilities, Federal Interagency Council on Social Im- ment if the outcomes specified in the agree- and purposes of each Federal, State, or local pact Partnerships and the head of any Fed- ment are achieved as a result of the inter- government entity, intermediary, service eral agency administering a similar inter- vention. provider, independent evaluator, investor, or vention or serving a population similar to ‘‘(5) The savings to the State and local gov- other stakeholder. that served by the project, shall select State ernments if the outcomes specified in the ‘‘(6) The payment terms, the methodology or local government feasibility study pro- agreement are achieved as a result of the used to calculate outcome payments, the posals for funding based on the following: intervention. payment schedule, and performance thresh- ‘‘(1) The recommendations made by the ‘‘(6) The expected quality of the evaluation olds. Commission on Social Impact Partnerships. that would be conducted with respect to the ‘‘(7) The project budget. ‘‘(2) The likelihood that the proposal will agreement. ‘‘(8) The project timeline. achieve the desired outcomes. ‘‘(7) The capacity and commitment of the ‘‘(9) The project eligibility criteria. ‘‘(3) The value of the outcomes expected to State or local government to sustain the ‘‘(10) The evaluation design. be achieved as a result of each intervention. intervention, if appropriate and timely and ‘‘(11) The metrics that will be used in the ‘‘(4) The potential savings to the Federal if the intervention is successful, beyond the evaluation to determine whether the out- Government if the social impact partnership period of the social impact partnership. comes have been achieved as a result of each project is successful. ‘‘(c) AGREEMENT AUTHORITY.— intervention and how these metrics will be ‘‘(5) The potential savings to the State and ‘‘(1) AGREEMENT REQUIREMENTS.—In accord- measured. local governments if the project is success- ance with this section, the Secretary, in con- ‘‘(12) The estimate of the savings to the ful. sultation with the Federal Interagency Federal, State, and local government, on a ‘‘(c) PUBLIC DISCLOSURE.—Not later than 30 Council on Social Impact Partnerships and program-by-program basis and in the aggre- days after selecting a State or local govern- the head of any Federal agency admin- gate, if the agreement is entered into and ment for feasibility study funding under this istering a similar intervention or serving a implemented and the outcomes are achieved section, the Secretary shall cause to be pub- population similar to that served by the as a result of each intervention. lished on the website of the Federal Inter- project, may enter into an agreement for a ‘‘(e) AUTHORITY TO TRANSFER ADMINISTRA- agency Council on Social Impact Partner- social impact partnership project with a TION OF AGREEMENT.—The Secretary may ships information explaining why a State or State or local government if the Secretary, transfer to the head of another Federal agen- local government was granted feasibility in consultation with the Federal Interagency cy the authority to administer (including study funding. Council on Social Impact Partnerships, de- making payments under) an agreement en- ‘‘(d) FUNDING RESTRICTION.— termines that each of the following require- tered into under subsection (c), and any ‘‘(1) FEASIBILITY STUDY RESTRICTION.—The funds necessary to do so. ments are met: Secretary may not provide feasibility study ‘‘(f) REQUIREMENT ON FUNDING USED TO ‘‘(A) The State or local government agrees funding under this section for more than 50 to achieve one or more outcomes as a result BENEFIT CHILDREN.—Not less than 50 percent of all Federal payments made to carry out percent of the estimated total cost of the of the intervention, as specified in the agree- feasibility study reported in the State or ment and validated by independent evalua- agreements under this section shall be used for initiatives that directly benefit children. local government application submitted tion, in order to receive payment. under subsection (a). ‘‘(B) The Federal payment to the State or ‘‘FEASIBILITY STUDY FUNDING ‘‘(2) AGGREGATE RESTRICTION.—Of the total local government for each specified outcome ‘‘SEC. 2054. (a) REQUESTS FOR FUNDING FOR amount made available to carry out this sub- achieved as a result of the intervention is FEASIBILITY STUDIES.—The Secretary shall title, the Secretary may not use more than less than or equal to the value of the out- reserve a portion of the amount made avail- $10,000,000 to provide feasibility study fund- able to carry out this subtitle to assist come to the Federal Government over a pe- ing to States or local governments under States or local governments in developing riod not to exceed 10 years, as determined by this section. the Secretary, in consultation with the feasibility studies to apply for social impact ‘‘(3) NO GUARANTEE OF FUNDING.—The Sec- partnership funding under section 2052. To be State or local government. retary shall have the option to award no eligible to receive funding to assist with ‘‘(C) The duration of the project does not funding under this section. exceed 10 years. completing a feasibility study, a State or ‘‘(e) SUBMISSION OF FEASIBILITY STUDY RE- ‘‘(D) The State or local government has local government shall submit an applica- tion for feasibility study funding addressing QUIRED.—Not later than 9 months after the demonstrated, through the application sub- receipt of feasibility study funding under mitted under section 2052, that, based on the following: ‘‘(1) A description of the outcome goals of this section, a State or local government re- prior rigorous experimental evaluations or ceiving the funding shall complete the feasi- rigorous quasi-experimental studies, the the social impact partnership project. ‘‘(2) A description of the intervention, in- bility study and submit the study to the Fed- intervention can be expected to achieve each eral Interagency Council on Social Impact outcome specified in the agreement. cluding anticipated program design, target population, an estimate regarding the num- Partnerships. ‘‘(E) The State, local government, inter- ‘‘(f) DELEGATION OF AUTHORITY.—The Sec- mediary, or service provider has experience ber of individuals to be served, and setting for the intervention. retary may transfer to the head of another raising private or philanthropic capital to Federal agency the authorities provided in fund social service investments (if applicable ‘‘(3) Evidence to support the likelihood that the intervention will produce the de- this section and any funds necessary to exer- to the project). cise the authorities. ‘‘(F) The State or local government has sired outcomes. shown that each service provider has experi- ‘‘(4) A description of the potential metrics ‘‘EVALUATIONS ence delivering the intervention, a similar to be used. ‘‘SEC. 2055. (a) AUTHORITY TO ENTER INTO intervention, or has otherwise demonstrated ‘‘(5) The expected social benefits to partici- AGREEMENTS.—For each State or local gov- the expertise necessary to deliver the inter- pants who receive the intervention and oth- ernment awarded a social impact partnership vention. ers who may be impacted. project approved by the Secretary under this ‘‘(2) PAYMENT.—The Secretary shall pay ‘‘(6) Estimated costs to conduct the subtitle, the head of the relevant agency, as the State or local government only if the project. recommended by the Federal Interagency independent evaluator described in section ‘‘(7) Estimates of Federal, State, and local Council on Social Impact Partnerships and 2055 determines that the social impact part- government savings and other savings if the determined by the Secretary, shall enter nership project has met the requirements project is implemented and the outcomes are into an agreement with the State or local specified in the agreement and achieved an achieved as a result of each intervention. government to pay for all or part of the inde- outcome as a result of the intervention, as ‘‘(8) An estimated timeline for implemen- pendent evaluation to determine whether the specified in the agreement and validated by tation and completion of the project, which State or local government project has independent evaluation. shall not exceed 10 years. achieved a specific outcome as a result of the ‘‘(d) NOTICE OF AGREEMENT AWARD.—Not ‘‘(9) With respect to a project for which the intervention in order for the State or local later than 30 days after entering into an State or local government selects an inter- government to receive outcome payments agreement under this section the Secretary mediary to operate the project, any partner- under this subtitle. shall publish a notice in the Federal Register ships needed to successfully execute the ‘‘(b) EVALUATOR QUALIFICATIONS.—The that includes, with regard to the agreement, project and the ability of the intermediary head of the relevant agency may not enter the following: to foster the partnerships. into an agreement with a State or local gov- ‘‘(1) The outcome goals of the social im- ‘‘(10) The expected resources needed to ernment unless the head determines that the pact partnership project. complete the feasibility study for the State evaluator is independent of the other parties

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to the agreement and has demonstrated sub- ‘‘(g) DELEGATION OF AUTHORITY.—The Sec- ‘‘COMMISSION ON SOCIAL IMPACT PARTNERSHIPS stantial experience in conducting rigorous retary may transfer to the head of another ‘‘SEC. 2057. (a) ESTABLISHMENT.—There is evaluations of program effectiveness includ- Federal agency the authorities provided in established the Commission on Social Im- ing, where available and appropriate, well- this section and any funds necessary to exer- pact Partnerships (in this section referred to implemented randomized controlled trials on cise the authorities. as the ‘Commission’). the intervention or similar interventions. ‘‘(b) DUTIES.—The duties of the Commis- ‘‘(c) METHODOLOGIES TO BE USED.—The ‘‘FEDERAL INTERAGENCY COUNCIL ON SOCIAL sion shall be to— evaluation used to determine whether a IMPACT PARTNERSHIPS ‘‘(1) assist the Secretary and the Federal State or local government will receive out- Interagency Council on Social Impact Part- come payments under this subtitle shall use ‘‘SEC. 2056. (a) ESTABLISHMENT.—There is experimental designs using random assign- established the Federal Interagency Council nerships in reviewing applications for fund- ing under this subtitle; ment or other reliable, evidence-based re- on Social Impact Partnerships (in this sec- ‘‘(2) make recommendations to the Sec- search methodologies, as certified by the tion referred to as the ‘Council’) to— retary and the Federal Interagency Council Federal Interagency Council on Social Im- ‘‘(1) coordinate with the Secretary on the on Social Impact Partnerships regarding the pact Partnerships, that allow for the strong- efforts of social impact partnership projects funding of social impact partnership agree- est possible causal inferences when random funded under this subtitle; ments and feasibility studies; and assignment is not feasible. ‘‘(2) advise and assist the Secretary in the ‘‘(3) provide other assistance and informa- ‘‘(d) PROGRESS REPORT.— development and implementation of the tion as requested by the Secretary or the ‘‘(1) SUBMISSION OF REPORT.—The inde- projects; Federal Interagency Council on Social Im- pendent evaluator shall— ‘‘(3) advise the Secretary on specific pro- pact Partnerships. ‘‘(A) not later than 2 years after a project grammatic and policy matter related to the ‘‘(c) COMPOSITION.—The Commission shall has been approved by the Secretary and bi- projects; be composed of nine members, of whom— annually thereafter until the project is con- ‘‘(4) provide subject-matter expertise to ‘‘(1) one shall be appointed by the Presi- cluded, submit to the head of the relevant the Secretary with regard to the projects; dent, who will serve as the Chair of the Com- agency and the Federal Interagency Council ‘‘(5) certify to the Secretary that each mission; on Social Impact Partnerships a written re- State or local government that has entered ‘‘(2) one shall be appointed by the Majority port summarizing the progress that has been into an agreement with the Secretary for a Leader of the Senate; made in achieving each outcome specified in social impact partnership project under this ‘‘(3) one shall be appointed by the Minority the agreement; and subtitle and each evaluator selected by the Leader of the Senate; ‘‘(B) before the scheduled time of the first head of the relevant agency under section ‘‘(4) one shall be appointed by the Speaker outcome payment and before the scheduled 2055 has access to Federal administrative of the House of Representatives; time of each subsequent payment, submit to data to assist the State or local government ‘‘(5) one shall be appointed by the Minority the head of the relevant agency and the Fed- and the evaluator in evaluating the perform- Leader of the House of Representatives; eral Interagency Council on Social Impact ance and outcomes of the project; ‘‘(6) one shall be appointed by the Chair- Partnerships a written report that includes ‘‘(6) address issues that will influence the man of the Committee on Finance of the the results of the evaluation conducted to future of social impact partnership projects Senate; determine whether an outcome payment in the United States; ‘‘(7) one shall be appointed by the ranking should be made along with information on ‘‘(7) provide guidance to the executive member of the Committee on Finance of the the unique factors that contributed to branch on the future of social impact part- Senate; achieving or failing to achieve the outcome, nership projects in the United States; ‘‘(8) one member shall be appointed by the the challenges faced in attempting to ‘‘(8) prior to approval by the Secretary, Chairman of the Committee on Ways and achieve the outcome, and information on the certify that each State and local government Means of the House of Representatives; and improved future delivery of this or similar application for a social impact partnership ‘‘(9) one shall be appointed by the ranking interventions. contains rigorous, independent data and reli- member of the Committee on Ways and ‘‘(2) SUBMISSION TO THE SECRETARY AND able, evidence-based research methodologies Means of the House of Representatives. CONGRESS.—Not later than 30 days after re- to support the conclusion that the project ‘‘(d) QUALIFICATIONS OF COMMISSION MEM- ceipt of the written report pursuant to para- will yield savings to the State or local gov- BERS.—The members of the Commission graph (1)(B), the Federal Interagency Coun- ernment or the Federal Government if the shall— cil on Social Impact Partnerships shall sub- project outcomes are achieved; ‘‘(1) be experienced in finance, economics, mit the report to the Secretary and each ‘‘(9) certify to the Secretary, in the case of pay for performance, or program evaluation; committee of jurisdiction in the House of each approved social impact partnership that ‘‘(2) have relevant professional or personal Representatives and the Senate. is expected to yield savings to the Federal experience in a field related to one or more ‘‘(e) FINAL REPORT.— Government, that the project will yield a of the outcomes listed in this subtitle; or ‘‘(1) SUBMISSION OF REPORT.—Within 6 projected savings to the Federal Government ‘‘(3) be qualified to review applications for months after the social impact partnership if the project outcomes are achieved, and co- social impact partnership projects to deter- project is completed, the independent eval- ordinate with the relevant Federal agency to mine whether the proposed metrics and eval- uator shall— produce an after-action accounting once the uation methodologies are appropriately rig- ‘‘(A) evaluate the effects of the activities project is complete to determine the actual orous and reliant upon independent data and undertaken pursuant to the agreement with Federal savings realized, and the extent to evidence-based research. regard to each outcome specified in the which actual savings aligned with projected ‘‘(e) TIMING OF APPOINTMENTS.—The ap- agreement; and savings; and pointments of the members of the Commis- ‘‘(B) submit to the head of the relevant ‘‘(10) provide periodic reports to the Sec- sion shall be made not later than 120 days agency and the Federal Interagency Council retary and make available reports periodi- after the date of the enactment of this sub- on Social Impact Partnerships a written re- cally to Congress and the public on the im- title, or, in the event of a vacancy, not later port that includes the results of the evalua- plementation of this subtitle. tion and the conclusion of the evaluator as than 90 days after the date the vacancy to whether the State or local government ‘‘(b) COMPOSITION OF COUNCIL.—The Council arises. If a member of Congress fails to ap- has fulfilled each obligation of the agree- shall have 11 members, as follows: point a member by that date, the President ment, along with information on the unique ‘‘(1) CHAIR.—The Chair of the Council shall may select a member of the President’s factors that contributed to the success or be the Director of the Office of Management choice on behalf of the member of Congress. failure of the project, the challenges faced in and Budget. Notwithstanding the preceding sentence, if attempting to achieve the outcome, and in- ‘‘(2) OTHER MEMBERS.—The head of each of not all appointments have been made to the formation on the improved future delivery of the following entities shall designate one of- Commission as of that date, the Commission this or similar interventions. ficer or employee of the entity to be a Coun- may operate with no fewer than five mem- ‘‘(2) SUBMISSION TO THE SECRETARY AND cil member: bers until all appointments have been made. CONGRESS.—Not later than 30 days after re- ‘‘(A) The Department of Labor. ‘‘(f) TERM OF APPOINTMENTS.— ceipt of the written report pursuant to para- ‘‘(B) The Department of Health and Human ‘‘(1) IN GENERAL.—The members appointed graph (1)(B), the Federal Interagency Coun- Services. under subsection (c) shall serve as follows: cil on Social Impact Partnerships shall sub- ‘‘(C) The Social Security Administration. ‘‘(A) Three members shall serve for 2 years. mit the report to the Secretary and each ‘‘(D) The Department of Agriculture. ‘‘(B) Three members shall serve for 3 years. committee of jurisdiction in the House of ‘‘(E) The Department of Justice. ‘‘(C) Three members (one of which shall be Representatives and the Senate. ‘‘(F) The Department of Housing and Chair of the Commission appointed by the ‘‘(f) LIMITATION ON COST OF EVALUATIONS.— Urban Development. President) shall serve for 4 years. Of the amount made available under this ‘‘(G) The Department of Education. ‘‘(2) ASSIGNMENT OF TERMS.—The Commis- subtitle for social impact partnership ‘‘(H) The Department of Veterans Affairs. sion shall designate the term length that projects, the Secretary may not obligate ‘‘(I) The Department of the Treasury. each member appointed under subsection (c) more than 15 percent to evaluate the imple- ‘‘(J) The Corporation for National and shall serve by unanimous agreement. In the mentation and outcomes of the projects. Community Service. event that unanimous agreement cannot be

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S783 reached, term lengths shall be assigned to ‘‘(5) An estimate of the savings to the Fed- graphs (A) through (E) and moving the mar- the members by a random process. eral, State, and local government, on a pro- gin of each of such redesignated subpara- ‘‘(g) VACANCIES.—Subject to subsection (e), gram-by-program basis and in the aggregate, graph 2 ems to the left; in the event of a vacancy in the Commission, resulting from the successful completion of (4) by striking subsection (d) and inserting whether due to the resignation of a member, the social impact partnership project. the following: MPROVING UALITY OF ARE the expiration of a member’s term, or any ‘‘REGULATIONS ‘‘(d) I Q C .— other reason, the vacancy shall be filled in ‘‘(1) SUPPLEMENTAL AWARDS.—The Sec- ‘‘SEC. 2062. The Secretary, in consultation the manner in which the original appoint- retary may award supplemental grant funds with the Federal Interagency Council on So- ment was made and shall not affect the pow- to health centers funded under this section cial Impact Partnerships, may issue regula- ers of the Commission. to implement evidence-based models for in- tions as necessary to carry out this subtitle. ‘‘(h) APPOINTMENT POWER.—Members of the creasing access to high-quality primary care Commission appointed under subsection (c) ‘‘DEFINITIONS services, which may include models related shall not be subject to confirmation by the ‘‘SEC. 2063. In this subtitle: to— Senate. ‘‘(1) AGENCY.—The term ‘agency’ has the ‘‘(A) improving the delivery of care for in- ‘‘LIMITATION ON USE OF FUNDS meaning given that term in section 551 of dividuals with multiple chronic conditions; ‘‘(B) workforce configuration; ‘‘SEC. 2058. Of the amounts made available title 5, United States Code. ‘‘(C) reducing the cost of care; to carry out this subtitle, the Secretary may ‘‘(2) INTERVENTION.—The term ‘interven- ‘‘(D) enhancing care coordination; not use more than $2,000,000 in any fiscal tion’ means a specific service delivered to ‘‘(E) expanding the use of telehealth and year to support the review, approval, and achieve an impact through a social impact technology-enabled collaborative learning oversight of social impact partnership partnership project. and capacity building models; projects, including activities conducted by— ‘‘(3) SECRETARY.—The term ‘Secretary’ ‘‘(F) care integration, including integra- ‘‘(1) the Federal Interagency Council on means the Secretary of the Treasury. tion of behavioral health, mental health, or Social Impact Partnerships; and ‘‘(4) SOCIAL IMPACT PARTNERSHIP PROJECT.— The term ‘social impact partnership project’ substance use disorder services; and ‘‘(2) any other agency consulted by the ‘‘(G) addressing emerging public health or Secretary before approving a social impact means a project that finances social services using a social impact partnership model. substance use disorder issues to meet the partnership project or a feasibility study health needs of the population served by the under section 2054. ‘‘(5) SOCIAL IMPACT PARTNERSHIP MODEL.— The term ‘social impact partnership model’ health center. ‘‘NO FEDERAL FUNDING FOR CREDIT means a method of financing social services ‘‘(2) SUSTAINABILITY.—In making supple- ENHANCEMENTS in which— mental awards under this subsection, the ‘‘SEC. 2059. No amount made available to ‘‘(A) Federal funds are awarded to a State Secretary may consider whether the health carry out this subtitle may be used to pro- or local government only if a State or local center involved has submitted a plan for con- vide any insurance, guarantee, or other cred- government achieves certain outcomes tinuing the activities funded under this sub- it enhancement to a State or local govern- agreed on by the State or local government section after supplemental funding is ex- ment under which a Federal payment would and the Secretary; and pended. be made to a State or local government as ‘‘(B) the State or local government coordi- ‘‘(3) SPECIAL CONSIDERATION.—The Sec- the result of a State or local government nates with service providers, investors (if ap- retary may give special consideration to ap- failing to achieve an outcome specified in an plicable to the project), and (if necessary) an plications for supplemental funding under agreement. intermediary to identify— this subsection that seek to address signifi- ‘‘AVAILABILITY OF FUNDS ‘‘(i) an intervention expected to produce cant barriers to access to care in areas with a greater shortage of health care providers ‘‘SEC. 2060. Amounts made available to the outcome; and health services relative to the national carry out this subtitle shall remain available ‘‘(ii) a service provider to deliver the inter- average.’’; until 10 years after the date of the enact- vention to the target population; and (5) in subsection (e)(1)— ment of this subtitle. ‘‘(iii) investors to fund the delivery of the (A) in subparagraph (B)— intervention. ‘‘WEBSITE (i) by striking ‘‘2 years’’ and inserting ‘‘1 ‘‘(6) STATE.—The term ‘State’ means each ‘‘SEC. 2061. The Federal Interagency Coun- year’’; and State of the United States, the District of cil on Social Impact Partnerships shall es- (ii) by adding at the end the following: Columbia, each commonwealth, territory or tablish and maintain a public website that ‘‘The Secretary shall not make a grant under possession of the United States, and each shall display the following: this paragraph unless the applicant provides federally recognized Indian tribe. ‘‘(1) A copy of, or method of accessing, assurances to the Secretary that within 120 each notice published regarding a social im- ‘‘FUNDING days of receiving grant funding for the oper- pact partnership project pursuant to this ‘‘SEC. 2064. Out of any money in the Treas- ation of the health center, the applicant will subtitle. ury of the United States not otherwise ap- submit, for approval by the Secretary, an ‘‘(2) A copy of each feasibility study funded propriated, there is hereby appropriated implementation plan to meet the require- under this subtitle. $100,000,000 for fiscal year 2018 to carry out ments of subsection (k)(3). The Secretary ‘‘(3) For each State or local government this subtitle.’’. may extend such 120-day period for achieving that has entered into an agreement with the TITLE IX—PUBLIC HEALTH PROGRAMS compliance upon a demonstration of good Secretary for a social impact partnership cause by the health center.’’; and SEC. 50901. EXTENSION FOR COMMUNITY project, the website shall contain the fol- HEALTH CENTERS, THE NATIONAL (B) in subparagraph (C)— lowing information: HEALTH SERVICE CORPS, AND (i) in the subparagraph heading, by strik- ‘‘(A) The outcome goals of the project. TEACHING HEALTH CENTERS THAT ing ‘‘AND PLANS’’; ‘‘(B) A description of each intervention in OPERATE GME PROGRAMS. (ii) by striking ‘‘or plan (as described in the project. (a) COMMUNITY HEALTH CENTERS FUND- subparagraphs (B) and (C) of subsection ‘‘(C) The target population that will be ING.—Section 10503(b)(1)(F) of the Patient (c)(1))’’; served by the project. Protection and Affordable Care Act (42 (iii) by striking ‘‘or plan, including the ‘‘(D) The expected social benefits to par- U.S.C. 254b–2(b)(1)(F)), as amended by section purchase’’ and inserting the following: ‘‘in- ticipants who receive the intervention and 3101 of Public Law 115-96, is amended to read cluding— others who may be impacted. as follows: ‘‘(i) the purchase’’; ‘‘(E) The detailed roles, responsibilities, ‘‘(F) $3,800,000,000 for fiscal year 2018 and (iv) by inserting ‘‘, which may include data and purposes of each Federal, State, or local $4,000,000,000 for fiscal year 2019.’’. and information systems’’ after ‘‘of equip- government entity, intermediary, service (b) OTHER COMMUNITY HEALTH CENTERS ment’’; provider, independent evaluator, investor, or PROVISIONS.—Section 330 of the Public (v) by striking the period at the end and other stakeholder. Health Service Act (42 U.S.C. 254b) is amend- inserting a semicolon; and ‘‘(F) The payment terms, methodology ed— (vi) by adding at the end the following: used to calculate outcome payments, the (1) in subsection (b)(1)(A)(ii), by striking ‘‘(ii) the provision of training and tech- payment schedule, and performance thresh- ‘‘abuse’’ and inserting ‘‘use disorder’’; nical assistance; and olds. (2) in subsection (b)(2)(A), by striking ‘‘(iii) other activities that— ‘‘(G) The project budget. ‘‘abuse’’ and inserting ‘‘use disorder’’; ‘‘(I) reduce costs associated with the provi- ‘‘(H) The project timeline. (3) in subsection (c)— sion of health services; ‘‘(I) The project eligibility criteria. (A) in paragraph (1), by striking subpara- ‘‘(II) improve access to, and availability of, ‘‘(J) The evaluation design. graphs (B) through (D); health services provided to individuals ‘‘(K) The metrics used to determine wheth- (B) by striking ‘‘(1) IN GENERAL’’ and all served by the centers; er the proposed outcomes have been achieved that follows through ‘‘The Secretary’’ and ‘‘(III) enhance the quality and coordination and how these metrics are measured. inserting the following: of health services; or ‘‘(4) A copy of the progress reports and the ‘‘(1) CENTERS.—The Secretary’’; and ‘‘(IV) improve the health status of commu- final reports relating to each social impact (C) in paragraph (1), as amended, by redes- nities.’’; partnership project. ignating clauses (i) through (v) as subpara- (6) in subsection (e)(5)(B)—

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S784 CONGRESSIONAL RECORD — SENATE February 7, 2018 (A) in the heading of subparagraph (B), by (II) by striking ‘‘abuse’’ and inserting ‘‘use ‘‘(C) the distribution of awards and funding striking ‘‘AND PLANS’’; and disorder’’; for new or expanded services in each of rural (B) by striking ‘‘and subparagraphs (B) and (9) in subsection (k)— areas and urban areas; (C) of subsection (c)(1) to a health center or (A) in paragraph (2)— ‘‘(D) the distribution of awards and funding to a network or plan’’ and inserting ‘‘to a (i) in the paragraph heading, by inserting for establishing new access points, and the health center or to a network’’; ‘‘UNMET’’ before ‘‘NEED’’; number of new access points created; (7) in subsection (e), by adding at the end (ii) in the matter preceding subparagraph ‘‘(E) the amount of unexpended funding for the following: (A), by inserting ‘‘or subsection (e)(6)’’ after loan guarantees and loan guarantee author- ‘‘(6) NEW ACCESS POINTS AND EXPANDED ‘‘subsection (e)(1)’’; ity under title XVI; SERVICES.— (iii) in subparagraph (A), by inserting ‘‘(F) the rationale for any substantial ‘‘(A) APPROVAL OF NEW ACCESS POINTS.— ‘‘unmet’’ before ‘‘need for health services’’; changes in the distribution of funds; ‘‘(i) IN GENERAL.—The Secretary may ap- (iv) in subparagraph (B), by striking ‘‘and’’ ‘‘(G) the rate of closures for health centers prove applications for grants under subpara- at the end; and access points; graph (A) or (B) of paragraph (1) to establish (v) in subparagraph (C), by striking the pe- ‘‘(H) the number and reason for any grants new delivery sites. riod at the end and inserting ‘‘; and’’; and awarded pursuant to subsection (e)(1)(B); and (vi) by adding after subparagraph (C) the ‘‘(ii) SPECIAL CONSIDERATION.—In carrying ‘‘(I) the number and reason for any waivers out clause (i), the Secretary may give special following: provided pursuant to subsection (q)(4).’’; consideration to applicants that have dem- ‘‘(D) in the case of an application for a (13) in subsection (r), by adding at the end grant pursuant to subsection (e)(6), a dem- onstrated the new delivery site will be lo- the following new paragraph: onstration that the applicant has consulted cated within a sparsely populated area, or an ‘‘(5) FUNDING FOR PARTICIPATION OF HEALTH with appropriate State and local government area which has a level of unmet need that is CENTERS IN ALL OF US RESEARCH PROGRAM.— agencies, and health care providers regarding higher relative to other applicants. In addition to any amounts made available the need for the health services to be pro- ‘‘(iii) CONSIDERATION OF APPLICATIONS.—In pursuant to paragraph (1) of this subsection, vided at the proposed delivery site.’’; carrying out clause (i), the Secretary shall section 402A of this Act, or section 10503 of (B) in paragraph (3)— approve applications for grants in such a the Patient Protection and Affordable Care (i) in the matter preceding subparagraph Act, there is authorized to be appropriated, manner that the ratio of the medically un- (A), by inserting ‘‘or subsection (e)(6)’’ after derserved populations in rural areas which and there is appropriated, out of any monies ‘‘subsection (e)(1)(B)’’; in the Treasury not otherwise appropriated, may be expected to use the services provided (ii) in subparagraph (B), by striking ‘‘in by the applicants involved to the medically to the Secretary $25,000,000 for fiscal year the catchment area of the center’’ and in- 2018 to support the participation of health underserved populations in urban areas serting ‘‘, including other health care pro- which may be expected to use the services centers in the All of Us Research Program viders that provide care within the under the Precision Medicine Initiative provided by the applicants is not less than catchment area, local hospitals, and spe- two to three or greater than three to two. under section 498E of this Act.’’; and cialty providers in the catchment area of the (14) by striking subsection (s). ‘‘(iv) SERVICE AREA OVERLAP.—If in car- center, to provide access to services not (c) NATIONAL HEALTH SERVICE CORPS.—Sec- rying out clause (i) the applicant proposes to available through the health center and to tion 10503(b)(2)(F) of the Patient Protection serve an area that is currently served by an- reduce the non-urgent use of hospital emer- and Affordable Care Act (42 U.S.C. 254b– other health center funded under this sec- gency departments’’; 2(b)(2)(F)), as amended by section 3101 of tion, the Secretary may consider whether (iii) in subparagraph (H)(ii), by inserting the award of funding to an additional health ‘‘who shall be directly employed by the cen- Public Law 115-96, is amended to read as fol- center in the area can be justified based on ter’’ after ‘‘approves the selection of a direc- lows: the unmet need for additional services with- tor for the center’’; ‘‘(F) $310,000,000 for each of fiscal years 2018 in the catchment area. (iv) in subparagraph (L), by striking ‘‘and’’ and 2019.’’. ‘‘(B) APPROVAL OF EXPANDED SERVICE AP- at the end; (d) TEACHING HEALTH CENTERS THAT OPER- PLICATIONS.— (v) in subparagraph (M), by striking the pe- ATE GRADUATE MEDICAL EDUCATION PRO- ‘‘(i) IN GENERAL.—The Secretary may ap- riod and inserting ‘‘; and’’; and GRAMS.— prove applications for grants under subpara- (vi) by inserting after subparagraph (M), (1) PAYMENTS.—Subsection (a) of section graph (A) or (B) of paragraph (1) to expand the following: 340H of the Public Health Service Act (42 the capacity of the applicant to provide re- ‘‘(N) the center has written policies and U.S.C. 256h) is amended to read as follows: quired primary health services described in procedures in place to ensure the appropriate ‘‘(a) PAYMENTS.— subsection (b)(1) or additional health serv- use of Federal funds in compliance with ap- ‘‘(1) IN GENERAL.—Subject to subsection ices described in subsection (b)(2). plicable Federal statutes, regulations, and (h)(2), the Secretary shall make payments ‘‘(ii) PRIORITY EXPANSION PROJECTS.—In the terms and conditions of the Federal under this section for direct expenses and in- carrying out clause (i), the Secretary may award.’’; and direct expenses to qualified teaching health give special consideration to expanded serv- (C) by striking paragraph (4); centers that are listed as sponsoring institu- ice applications that seek to address emerg- (10) in subsection (l), by adding at the end tions by the relevant accrediting body for, as ing public health or behavioral health, men- the following: ‘‘Funds expended to carry out appropriate— tal health, or substance abuse issues through activities under this subsection and oper- ‘‘(A) maintenance of filled positions at ex- increasing the availability of additional ational support activities under subsection isting approved graduate medical residency health services described in subsection (b)(2) (m) shall not exceed 3 percent of the amount training programs; in an area in which there are significant bar- appropriated for this section for the fiscal ‘‘(B) expansion of existing approved grad- riers to accessing care. year involved.’’; uate medical residency training programs; ‘‘(iii) CONSIDERATION OF APPLICATIONS.—In (11) in subsection (q)(4), by adding at the and carrying out clause (i), the Secretary shall end the following: ‘‘A waiver provided by the ‘‘(C) establishment of new approved grad- approve applications for grants in such a Secretary under this paragraph may not re- uate medical residency training programs. manner that the ratio of the medically un- main in effect for more than 1 year and may ‘‘(2) PER RESIDENT AMOUNT.—In making derserved populations in rural areas which not be extended after such period. An entity payments under paragraph (1), the Secretary may be expected to use the services provided may not receive more than one waiver under shall consider the cost of training residents by the applicants involved to the medically this paragraph in consecutive years.’’; at teaching health centers and the implica- underserved populations in urban areas (12) in subsection (r)(3)— tions of the per resident amount on approved which may be expected to use the services (A) by striking ‘‘appropriate committees of graduate medical residency training pro- provided by such applicants is not less than Congress a report concerning the distribu- grams at teaching health centers. two to three or greater than three to two.’’; tion of funds under this section’’ and insert- ‘‘(3) PRIORITY.—In making payments under (8) in subsection (h)— ing the following: ‘‘Committee on Health, paragraph (1)(C), the Secretary shall give (A) in paragraph (1), by striking ‘‘and chil- Education, Labor, and Pensions of the Sen- priority to qualified teaching health centers dren and youth at risk of homelessness’’ and ate, and the Committee on Energy and Com- that— inserting ‘‘, children and youth at risk of merce of the House of Representatives, a re- ‘‘(A) serve a health professional shortage homelessness, homeless veterans, and vet- port including, at a minimum— area with a designation in effect under sec- erans at risk of homelessness’’; and ‘‘(A) the distribution of funds for carrying tion 332 or a medically underserved commu- (B) in paragraph (5)— out this section’’; nity (as defined in section 799B); or (i) by striking subparagraph (B); (B) by striking ‘‘populations. Such report ‘‘(B) are located in a rural area (as defined (ii) by redesignating subparagraph (C) as shall include an assessment’’ and inserting in section 1886(d)(2)(D) of the Social Security subparagraph (B); and the following: ‘‘populations; Act).’’. (iii) in subparagraph (B) (as so redesig- ‘‘(B) an assessment’’; (2) FUNDING.—Paragraph (1) of section nated)— (C) by striking ‘‘and the rationale for any 340H(g) of the Public Health Service Act (42 (I) in the subparagraph heading, by strik- substantial changes in the distribution of U.S.C. 256h(g)), as amended by section 3101 of ing ‘‘ABUSE’’ and inserting ‘‘USE DISORDER’’; funds.’’ and inserting a semicolon; and Public Law 115-96, is amended by striking and (D) by adding at the end the following: ‘‘and $30,000,000 for the period of the first and

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second quarters of fiscal year 2018,’’ and in- Funding Extension Act’’ and inserting ‘‘and ‘‘(ii) PERMANENT ADJUSTMENTS.—The Sec- serting ‘‘and $126,500,000 for each of fiscal section 50901(e) of the Advancing Chronic retary shall, at a time and in a manner de- years 2018 and 2019,’’. Care, Extenders, and Social Services Act’’. termined appropriate, through notice and (3) ANNUAL REPORTING.—Subsection (h)(1) SEC. 50902. EXTENSION FOR SPECIAL DIABETES comment rulemaking, provide for one or of section 340H of the Public Health Service PROGRAMS. more permanent increases or decreases to Act (42 U.S.C. 256h) is amended— (a) SPECIAL DIABETES PROGRAM FOR TYPE I the standard prospective payment amount (A) by redesignating subparagraph (D) as DIABETES.—Section 330B(b)(2)(D) of the Pub- (or amounts) for applicable years, on a pro- subparagraph (H); and lic Health Service Act (42 U.S.C. 254c– spective basis, to offset for such increases or (B) by inserting after subparagraph (C) the 2(b)(2)(D)), as amended by section 3102 of decreases in estimated aggregate expendi- following: Public Law 115-96, is amended to read as fol- tures (as determined under clause (i)). ‘‘(D) The number of patients treated by lows: ‘‘(iii) TEMPORARY ADJUSTMENTS FOR RETRO- residents described in paragraph (4). ‘‘(D) $150,000,000 for each of fiscal years 2018 SPECTIVE BEHAVIOR.—The Secretary shall, at ‘‘(E) The number of visits by patients and 2019, to remain available until ex- a time and in a manner determined appro- treated by residents described in paragraph pended.’’. priate, through notice and comment rule- (4). (b) SPECIAL DIABETES PROGRAM FOR INDI- making, provide for one or more temporary ‘‘(F) Of the number of residents described ANS.—Subparagraph (D) of section 330C(c)(2) increases or decreases to the payment in paragraph (4) who completed their resi- of the Public Health Service Act (42 U.S.C. amount for a unit of home health services dency training at the end of such residency 254c–3(c)(2)), as amended by section 3102 of (as determined under paragraph (4)) for ap- academic year, the number and percentage Public Law 115-96, is amended to read as fol- plicable years, on a prospective basis, to off- of such residents entering primary care prac- lows: set for such increases or decreases in esti- tice (meaning any of the areas of practice ‘‘(D) $150,000,000 for each of fiscal years 2018 mated aggregate expenditures (as deter- listed in the definition of a primary care and 2019, to remain available until ex- mined under clause (i)). Such a temporary residency program in section 749A). pended.’’. increase or decrease shall apply only with re- ‘‘(G) Of the number of residents described TITLE X—MISCELLANEOUS HEALTH CARE spect to the year for which such temporary in paragraph (4) who completed their resi- POLICIES increase or decrease is made, and the Sec- dency training at the end of such residency retary shall not take into account such a academic year, the number and percentage SEC. 51001. HOME HEALTH PAYMENT REFORM. (a) BUDGET NEUTRAL TRANSITION TO A 30- temporary increase or decrease in computing of such residents who entered practice at a DAY UNIT OF PAYMENT FOR HOME HEALTH such amount under this subsection for a sub- health care facility— SERVICES.—Section 1895(b) of the Social Se- sequent year.’’; and ‘‘(i) primarily serving a health professional curity Act (42 U.S.C. 1395fff(b)) is amended— (3) in paragraph (4)(B)— shortage area with a designation in effect (1) in paragraph (2)— (A) by striking ‘‘FACTORS.—The Secretary’’ under section 332 or a medically underserved (A) by striking ‘‘PAYMENT.—In defining’’ and inserting ‘‘FACTORS.— community (as defined in section 799B); or and inserting ‘‘PAYMENT.— ‘‘(i) IN GENERAL.—The Secretary’’; and ‘‘(ii) located in a rural area (as defined in ‘‘(A) IN GENERAL.—In defining’’; and (B) by adding at the end the following new section 1886(d)(2)(D) of the Social Security (B) by adding at the end the following new clause: Act).’’. subparagraph: ‘‘(ii) TREATMENT OF THERAPY THRESH- (4) REPORT ON TRAINING COSTS.—Not later ‘‘(B) 30-DAY UNIT OF SERVICE.—For purposes OLDS.—For 2020 and subsequent years, the than March 31, 2019, the Secretary of Health of implementing the prospective payment Secretary shall eliminate the use of therapy and Human Services shall submit to the Con- system with respect to home health units of thresholds (established by the Secretary) in gress a report on the direct graduate ex- service furnished during a year beginning case mix adjustment factors established penses of approved graduate medical resi- with 2020, the Secretary shall apply a 30-day under clause (i) for calculating payments dency training programs, and the indirect unit of service as the unit of service applied under the prospective payment system under expenses associated with the additional costs under this paragraph.’’; this subsection.’’. of teaching residents, of qualified teaching (2) in paragraph (3)— (b) TECHNICAL EXPERT PANEL.— health centers (as such terms are used or de- (A) in subparagraph (A), by adding at the (1) IN GENERAL.—During the period begin- fined in section 340H of the Public Health end the following new clause: ning on January 1, 2018, and ending on De- Service Act (42 U.S.C. 256h)). ‘‘(iv) BUDGET NEUTRALITY FOR 2020.—With cember 31, 2018, the Secretary of Health and (5) DEFINITION.—Subsection (j) of section respect to payments for home health units of Human Services shall hold at least one ses- 340H of the Public Health Service Act (42 service furnished that end during the 12- sion of a technical expert panel, the partici- U.S.C. 256h) is amended— month period beginning January 1, 2020, the pants of which shall include home health (A) by redesignating paragraphs (2) and (3) Secretary shall calculate a standard prospec- providers, patient representatives, and other as paragraphs (3) and (4), respectively; and tive payment amount (or amounts) for 30- relevant stakeholders. The technical expert (B) by inserting after paragraph (1) the fol- day units of service (as described in para- panel shall identify and prioritize rec- lowing: graph (2)(B)) for the prospective payment ommendations with respect to the prospec- ‘‘(2) NEW APPROVED GRADUATE MEDICAL system under this subsection. Such standard tive payment system for home health serv- RESIDENCY TRAINING PROGRAM.—The term prospective payment amount (or amounts) ices under section 1895(b) of the Social Secu- ‘new approved graduate medical residency shall be calculated in a manner such that the rity Act (42 U.S.C. 1395fff(b)), on the fol- training program’ means an approved grad- estimated aggregate amount of expenditures lowing: uate medical residency training program for under the system during such period with ap- (A) The Home Health Groupings Model, as which the sponsoring qualified teaching plication of paragraph (2)(B) is equal to the described in the proposed rule ‘‘Medicare and health center has not received a payment estimated aggregate amount of expenditures Medicaid Programs; CY 2018 Home Health under this section for a previous fiscal year that otherwise would have been made under Prospective Payment System Rate Update (other than pursuant to subsection the system during such period if paragraph and Proposed CY 2019 Case-Mix Adjustment (a)(1)(C)).’’. (2)(B) had not been enacted. The previous Methodology Refinements; Home Health (6) TECHNICAL CORRECTION.—Subsection (f) sentence shall be applied before (and not af- Value-Based Purchasing Model; and Home of section 340H (42 U.S.C. 256h) is amended by fect the application of) paragraph (3)(B). In Health Quality Reporting Requirements’’ (82 striking ‘‘hospital’’ each place it appears and calculating such amount (or amounts), the Fed. Reg. 35294 through 35332 (July 28, 2017)). inserting ‘‘teaching health center’’. Secretary shall make assumptions about be- (B) Alternative case-mix models to the (7) PAYMENTS FOR PREVIOUS FISCAL havior changes that could occur as a result Home Health Groupings Model that were YEARS.—The provisions of section 340H of the of the implementation of paragraph (2)(B) submitted during 2017 as comments in re- Public Health Service Act (42 U.S.C. 256h), as and the case-mix adjustment factors estab- sponse to proposed rule making, including in effect on the day before the date of enact- lished under paragraph (4)(B) and shall pro- patient-focused factors that consider the ment of Public Law 115-96, shall continue to vide a description of such assumptions in the risks of hospitalization and readmission to a apply with respect to payments under such notice and comment rulemaking used to im- hospital, improvement or maintenance of section for fiscal years before fiscal year plement this clause.’’; and functionality of individuals to increase the 2018. (e) APPLICATION.—Amounts appropriated (B) by adding at the end the following new capacity for self-care, quality of care, and re- pursuant to this section for fiscal year 2018 subparagraph: source utilization. or 2019 are subject to the requirements con- ‘‘(D) BEHAVIOR ASSUMPTIONS AND ADJUST- (2) INAPPLICABILITY OF FACA.—The provi- tained in Public Law 115–31 for funds for pro- MENTS.— sions of the Federal Advisory Committee Act grams authorized under sections 330 through ‘‘(i) IN GENERAL.—The Secretary shall an- (5 U.S.C. App.) shall not apply to the tech- 340 of the Public Health Service Act (42 nually determine the impact of differences nical expert panel under paragraph (1). U.S.C. 254b–256). between assumed behavior changes (as de- (3) REPORT.—Not later than April 1, 2019, (f) CONFORMING AMENDMENTS.—Paragraph scribed in paragraph (3)(A)(iv)) and actual the Secretary of Health and Human Services (4) of section 3014(h) of title 18, United States behavior changes on estimated aggregate ex- shall submit to the Committee on Ways and Code, as amended by section 3101 of Public penditures under this subsection with re- Means and the Committee on Energy and Law 115-96, is amended by striking ‘‘and sec- spect to years beginning with 2020 and end- Commerce of the House of Representatives tion 3101(d) of the CHIP and Public Health ing with 2026. and the Committee on Finance of the Senate

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S786 CONGRESSIONAL RECORD — SENATE February 7, 2018 a report on the recommendations of such ‘‘(aa) for performance periods beginning (II) in the first sentence, by striking ‘‘two panel described in such paragraph. before January 1, 2018, individuals enrolled years’’ and inserting ‘‘five years’’; and (4) NOTICE AND COMMENT RULEMAKING.—Not under this part who are treated by the eligi- (iv) by adding at the end the following new later than December 31, 2019, the Secretary ble professional for the performance period clause: of Health and Human Services shall pursue involved; and ‘‘(iv) ADDITIONAL SPECIAL RULE FOR THIRD, notice and comment rulemaking on a case- ‘‘(bb) for performance periods beginning on FOURTH AND FIFTH YEARS OF MIPS.—For pur- mix system with respect to the prospective or after January 1, 2018, individuals enrolled poses of determining MIPS adjustment fac- payment system for home health services under this part who are furnished covered tors under subparagraph (A), in addition to under section 1895(b) of the Social Security professional services (as defined in sub- the requirements specified in clause (iii), the Act (42 U.S.C. 1395fff(b)). section (k)(3)(A)) by the eligible professional Secretary shall increase the performance (c) REPORTS.— for the performance period involved.’’; threshold with respect to each of the third, (1) INTERIM REPORT.—Not later than March (II) in subclause (II), by striking ‘‘items fourth, and fifth years to which the MIPS ap- 15, 2022, the Medicare Payment Advisory and services’’ and inserting ‘‘covered profes- plies to ensure a gradual and incremental Commission shall submit to Congress an in- sional services (as defined in subsection transition to the performance threshold de- terim report on the application of a 30-day (k)(3)(A))’’; and scribed in clause (i) (as estimated by the Sec- unit of service as the unit of service applied (III) by amending subclause (III) to read as retary) with respect to the sixth year to under section 1895(b)(2) of the Social Secu- follows: which the MIPS applies.’’; rity Act (42 U.S.C. 1395fff(b)(2)), as amended ‘‘(III) The minimum amount (as deter- (E) in paragraph (6)(E)— (i) by striking ‘‘In the case of items and by subsection (a), including an analysis of mined by the Secretary) of— services’’ and inserting ‘‘In the case of cov- the level of payments provided to home ‘‘(aa) for performance periods beginning ered professional services (as defined in sub- health agencies as compared to the cost of before January 1, 2018, allowed charges billed section (k)(3)(A))’’; and delivering home health services, and any un- by such professional under this part for such (ii) by striking ‘‘under this part with re- intended consequences, including with re- performance period; and spect to such items and services’’ and insert- spect to behavioral changes and quality. ‘‘(bb) for performance periods beginning on ing ‘‘under this part with respect to such (2) FINAL REPORT.—Not later than March or after January 1, 2018, allowed charges for covered professional services’’; and 15, 2026, such Commission shall submit to covered professional services (as defined in (F) in paragraph (7), in the first sentence, Congress a final report on such application subsection (k)(3)(A)) billed by such profes- by striking ‘‘items and services’’ and insert- and any such consequences. sional for such performance period.’’; ing ‘‘covered professional services (as defined SEC. 51002. INFORMATION TO SATISFY DOCU- (B) in paragraph (5)(D)— in subsection (k)(3)(A))’’; MENTATION OF MEDICARE ELIGI- (i) in clause (i)(I), by inserting ‘‘subject to BILITY FOR HOME HEALTH SERV- (2) in subsection (r)(2), by adding at the end clause (iii),’’ after ‘‘clauses (i) and (ii) of ICES. the following new subparagraph: paragraph (2)(A),’’; and (a) PART A.—Section 1814(a) of the Social ‘‘(I) INFORMATION.—The Secretary shall, (ii) by adding at the end the following new Security Act (42 U.S.C. 1395f(a)) is amended not later than December 31st of each year clause: by inserting before ‘‘For purposes of para- (beginning with 2018), post on the Internet ‘‘(iii) TRANSITION YEARS.—For each of the graph (2)(C),’’ the following new sentence: website of the Centers for Medicare & Med- second, third, fourth, and fifth years for ‘‘For purposes of documentation for physi- icaid Services information on resource use which the MIPS applies to payments, the cian certification and recertification made measures in use under subsection (q), re- performance score for the performance cat- under paragraph (2) on or after January 1, source use measures under development and egory described in paragraph (2)(A)(ii) shall 2019, and made with respect to home health the time-frame for such development, poten- not take into account the improvement of services furnished by a home health agency, tial future resource use measure topics, a de- the professional involved.’’; in addition to using documentation in the scription of stakeholder engagement, and the (C) in paragraph (5)(E)— medical record of the physician who so cer- percent of expenditures under part A and (i) in clause (i)(I)(bb)— tifies or the medical record of the acute or this part that are covered by resource use (I) in the heading by striking ‘‘FIRST 2 post-acute care facility (in the case that measures.’’; and YEARS’’ and inserting ‘‘FIRST 5 YEARS’’; and home health services were furnished to an (3) in subsection (s)(5)(B), by striking ‘‘sec- (II) by striking ‘‘the first and second individual who was directly admitted to the tion 1833(z)(2)(C)’’ and inserting ‘‘section years’’ and inserting ‘‘each of the first home health agency from such a facility), 1833(z)(3)(D)’’. through fifth years’’; the Secretary may use documentation in the (b) PHYSICIAN-FOCUSED PAYMENT MODEL medical record of the home health agency as (ii) in clause (i)(II)(bb)— TECHNICAL ADVISORY COMMITTEE PROVISION supporting material, as appropriate to the (I) in the heading, by striking ‘‘2 YEARS’’ OF INITIAL PROPOSAL FEEDBACK.—Section case involved.’’. and inserting ‘‘5 YEARS’’; and 1868(c)(2)(C) of the Social Security Act (42 (b) PART B.—Section 1835(a) of the Social (II) by striking the second sentence and in- U.S.C. 1395ee(c)(2)(C)) is amended to read as Security Act (42 U.S.C. 1395n(a)) is amended serting the following new sentences: ‘‘For follows: by inserting before ‘‘For purposes of para- each of the second, third, fourth, and fifth ‘‘(C) COMMITTEE REVIEW OF MODELS SUB- graph (2)(A),’’ the following new sentence: years for which the MIPS applies to pay- MITTED.—The Committee, on a periodic ‘‘For purposes of documentation for physi- ments, not less than 10 percent and not more basis— cian certification and recertification made than 30 percent of such score shall be based ‘‘(i) shall review models submitted under under paragraph (2) on or after January 1, on performance with respect to the category subparagraph (B); 2019, and made with respect to home health described in clause (ii) of paragraph (2)(A). ‘‘(ii) may provide individuals and stake- services furnished by a home health agency, Nothing in the previous sentence shall be holder entities who submitted such models in addition to using documentation in the construed, with respect to a performance pe- with— medical record of the physician who so cer- riod for a year described in the previous sen- ‘‘(I) initial feedback on such models re- tifies or the medical record of the acute or tence, as preventing the Secretary from bas- garding the extent to which such models post-acute care facility (in the case that ing 30 percent of such score for such year meet the criteria described in subparagraph home health services were furnished to an with respect to the category described in (A); and individual who was directly admitted to the such clause (ii), if the Secretary determines, ‘‘(II) an explanation of the basis for the home health agency from such a facility), based on information posted under sub- feedback provided under subclause (I); and the Secretary may use documentation in the section (r)(2)(I) that sufficient resource use ‘‘(iii) shall prepare comments and rec- medical record of the home health agency as measures are ready for adoption for use ommendations regarding whether such mod- supporting material, as appropriate to the under the performance category under para- els meet the criteria described in subpara- case involved.’’. graph (2)(A)(ii) for such performance pe- graph (A) and submit such comments and SEC. 51003. TECHNICAL AMENDMENTS TO PUBLIC riod.’’; recommendations to the Secretary.’’. LAW 114–10. (D) in paragraph (6)(D)— SEC. 51004. EXPANDED ACCESS TO MEDICARE IN- (a) MIPS TRANSITION.—Section 1848 of the (i) in clause (i), in the second sentence, by TENSIVE CARDIAC REHABILITATION Social Security Act (42 U.S.C. 1395w–4) is striking ‘‘Such performance threshold’’ and PROGRAMS. amended— inserting ‘‘Subject to clauses (iii) and (iv), Section 1861(eee)(4)(B) of the Social Secu- (1) in subsection (q)— such performance threshold’’; rity Act (42 U.S.C. 1395x(eee)(4)(B)) is amend- (A) in paragraph (1)— (ii) in clause (ii)— ed— (i) in subparagraph (B), by striking ‘‘items (I) in the first sentence, by inserting ‘‘(be- (1) in clause (v), by striking ‘‘or’’ at the and services’’ and inserting ‘‘covered profes- ginning with 2019 and ending with 2024)’’ end; sional services (as defined in subsection after ‘‘for each year of the MIPS’’; and (2) in clause (vi), by striking the period at (k)(3)(A))’’; and (II) in the second sentence, by inserting the end and inserting a semicolon; and (ii) in subparagraph (C)(iv)— ‘‘subject to clause (iii),’’ after ‘‘For each (3) by adding at the end the following new (I) by amending subclause (I) to read as fol- such year,’’; clauses: lows: (iii) in clause (iii)— ‘‘(vii) stable, chronic heart failure (defined ‘‘(I) The minimum number (as determined (I) in the heading, by striking ‘‘2’’ and in- as patients with left ventricular ejection by the Secretary) of— serting ‘‘5’’; and fraction of 35 percent or less and New York

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S787 Heart Association (NYHA) class II to IV (1) in paragraph (1)— TITLE XII—OFFSETS symptoms despite being on optimal heart (A) by striking ‘‘physician-supervised’’; SEC. 53101. MODIFYING REDUCTIONS IN MED- failure therapy for at least 6 weeks); or and ICAID DSH ALLOTMENTS. ‘‘(viii) any additional condition for which (B) by inserting ‘‘under the supervision of Section 1923(f)(7)(A) of the Social Security the Secretary has determined that a cardiac a physician (as defined in subsection (r)(1)) Act (42 U.S.C. 1396r–4(f)(7)(A)) is amended— rehabilitation program shall be covered, un- or a physician assistant, nurse practitioner, (1) in clause (i), in the matter preceding less the Secretary determines, using the or clinical nurse specialist (as those terms subclause (I), by striking ‘‘2018’’ and insert- same process used to determine that the con- are defined in subsection (aa)(5))’’ before the ing ‘‘2020’’; and dition is covered for a cardiac rehabilitation period at the end; (2) in clause (ii), by striking subclauses (I) program, that such coverage is not supported (2) in paragraph (2)— through (VIII) and inserting the following: by the clinical evidence.’’. (A) in subparagraph (A)(iii), by striking ‘‘(I) $4,000,000,000 for fiscal year 2020; and SEC. 51005. EXTENSION OF BLENDED SITE NEU- the period at the end and inserting a semi- ‘‘(II) $8,000,000,000 for each of fiscal years TRAL PAYMENT RATE FOR CERTAIN colon; and 2021 through 2025.’’. LONG-TERM CARE HOSPITAL DIS- (B) in subparagraph (B), by striking ‘‘a SEC. 53102. THIRD PARTY LIABILITY IN MEDICAID CHARGES; TEMPORARY ADJUST- physician’’ and inserting ‘‘a physician (as de- AND CHIP. MENT TO SITE NEUTRAL PAYMENT fined in subsection (r)(1)) or a physician as- (a) MODIFICATION OF THIRD PARTY LIABIL- RATES. sistant, nurse practitioner, or clinical nurse ITY RULES RELATED TO SPECIAL TREATMENT (a) EXTENSION.—Section 1886(m)(6)(B)(i) of specialist (as those terms are defined in sub- OF CERTAIN TYPES OF CARE AND PAYMENTS.— the Social Security Act (42 U.S.C. section (aa)(5))’’; and (1) IN GENERAL.—Section 1902(a)(25)(E) of 1395ww(m)(6)(B)(i)) is amended— (3) in paragraph (4)(A), in the matter pre- (1) in subclause (I), by striking ‘‘fiscal year the Social Security Act (42 U.S.C. ceding clause (i)— 1396a(a)(25)(E)) is amended, in the matter 2016 or fiscal year 2017’’ and inserting ‘‘fiscal (A) by striking ‘‘physician-supervised’’; years 2016 through 2019’’; and preceding clause (i), by striking ‘‘prenatal and or’’. (2) in subclause (II), by striking ‘‘2018’’ and (B) by inserting ‘‘under the supervision of (2) EFFECTIVE DATE.—The amendment inserting ‘‘2020’’. a physician (as defined in subsection (r)(1)) (b) TEMPORARY ADJUSTMENT TO SITE NEU- made by paragraph (1) shall take effect on or a physician assistant, nurse practitioner, the date of enactment of this Act. TRAL PAYMENT RATES.—Section 1886(m)(6)(B) or clinical nurse specialist (as those terms (b) DELAY IN EFFECTIVE DATE AND REPEAL of the Social Security Act (42 U.S.C. are defined in subsection (aa)(5))’’ after OF CERTAIN BIPARTISAN BUDGET ACT OF 2013 1395ww(m)(6)(B)) is amended— ‘‘paragraph (3)’’. AMENDMENTS.— (1) in clause (ii), in the matter preceding (b) PULMONARY REHABILITATION PRO- (1) REPEAL.—Effective as of September 30, subclause (I), by striking ‘‘In this para- GRAMS.—Section 1861(fff)(1) of the Social Se- graph’’ and inserting ‘‘Subject to clause (iv), curity Act (42 U.S.C. 1395x(fff)(1)) is amend- 2017, subsection (b) of section 202 of the Bi- in this paragraph’’; and ed— partisan Budget Act of 2013 (Public Law 113– (2) by adding at the end the following new (1) by striking ‘‘physician-supervised’’; and 67; 127 Stat. 1177; 42 U.S.C. 1396a note) (in- clause: (2) by inserting ‘‘under the supervision of a cluding any amendments made by such sub- ‘‘(iv) ADJUSTMENT.—For each of fiscal physician (as defined in subsection (r)(1)) or section) is repealed and the provisions years 2018 through 2026, the amount that a physician assistant, nurse practitioner, or amended by such subsection shall be applied would otherwise apply under clause (ii)(I) for clinical nurse specialist (as those terms are and administered as if such amendments had the year (determined without regard to this defined in subsection (aa)(5))’’ before the pe- never been enacted. clause) shall be reduced by 4.6 percent.’’. riod at the end. (2) DELAY IN EFFECTIVE DATE.—Subsection SEC. 51006. RECOGNITION OF ATTENDING PHYSI- (c) EFFECTIVE DATE.—The amendments (c) of section 202 of the Bipartisan Budget CIAN ASSISTANTS AS ATTENDING made by this section shall apply to items Act of 2013 (Public Law 113–67; 127 Stat. 1177; PHYSICIANS TO SERVE HOSPICE PA- and services furnished on or after January 1, 42 U.S.C. 1396a note) is amended to read as TIENTS. 2024. follows: (a) RECOGNITION OF ATTENDING PHYSICIAN SEC. 51009. TRANSITIONAL PAYMENT RULES FOR ‘‘(c) EFFECTIVE DATE.—The amendments ASSISTANTS AS ATTENDING PHYSICIANS TO CERTAIN RADIATION THERAPY made by subsection (a) shall take effect on SERVE HOSPICE PATIENTS.— SERVICES UNDER THE PHYSICIAN October 1, 2019.’’. (1) IN GENERAL.—Section 1861(dd)(3)(B) of FEE SCHEDULE. (3) EFFECTIVE DATE; TREATMENT.—The re- the Social Security Act (42 U.S.C. Section 1848 of the Social Security Act (42 peal and amendment made by this subsection 1395x(dd)(3)(B)) is amended— U.S.C. 1395w–4) is amended— shall take effect as if enacted on September (A) by striking ‘‘or nurse’’ and inserting ‘‘, (1) in subsection (b)(11), by striking ‘‘2017 30, 2017, and shall apply with respect to any the nurse’’; and and 2018’’ and inserting ‘‘2017, 2018, and 2019’’; open claims, including claims pending, gen- (B) by inserting ‘‘, or the physician assist- and erated, or filed, after such date. The amend- ant (as defined in such subsection)’’ after (2) in subsection (c)(2)(K)(iv), by striking ments made by subsections (a) and (b) of sec- ‘‘subsection (aa)(5))’’. ‘‘2017 and 2018’’ and inserting ‘‘2017, 2018, and tion 202 of the Bipartisan Budget Act of 2013 (2) CLARIFICATION OF HOSPICE ROLE OF PHY- 2019’’. (Public Law 113–67; 127 Stat. 1177; 42 U.S.C. SICIAN ASSISTANTS.—Section 1814(a)(7)(A)(i)(I) TITLE XI—PROTECTING SENIORS’ ACCESS 1396a note) that took effect on October 1, of the Social Security Act (42 U.S.C. TO MEDICARE ACT 2017, are null and void and section 1902(a)(25) 1395f(a)(7)(A)(i)(I)) is amended by inserting SEC. 52001. REPEAL OF THE INDEPENDENT PAY- of the Social Security Act (42 U.S.C. ‘‘or a physician assistant’’ after ‘‘a nurse MENT ADVISORY BOARD. 1396a(a)(25)) shall be applied and adminis- practitioner’’. (a) REPEAL.—Section 1899A of the Social tered as if such amendments had not taken (b) EFFECTIVE DATE.—The amendments Security Act (42 U.S.C. 1395kkk) is repealed. effect on such date. made by this section shall apply to items (b) CONFORMING AMENDMENTS.— (c) GAO STUDY AND REPORT.—Not later and services furnished on or after January 1, (1) LOBBYING COOLING-OFF PERIOD.—Para- than 18 months after the date of enactment 2019. graph (3) of section 207(c) of title 18, United of this Act, the Comptroller General of the SEC. 51007. EXTENSION OF ENFORCEMENT IN- States Code, is repealed. United States shall submit a report to the STRUCTION ON SUPERVISION RE- (2) GAO STUDY AND REPORT.—Section Committee on Energy and Commerce of the QUIREMENTS FOR OUTPATIENT 3403(b) of the Patient Protection and Afford- House of Representatives and the Committee THERAPEUTIC SERVICES IN CRIT- able Care Act (42 U.S.C. 1395kkk–1) is re- on Finance of the Senate on the impacts of ICAL ACCESS AND SMALL RURAL pealed. the amendments made by subsections (a)(1) HOSPITALS THROUGH 2017. (3) MEDPAC REVIEW AND COMMENT.—Sec- and (b)(2), including— Section 1 of Public Law 113–198, as amend- tion 1805(b) of the Social Security Act (42 (1) the impact, or potential effect, of such ed by section 1 of Public Law 114–112 and sec- U.S.C. 1395b–6(b)) is amended— amendments on access to prenatal and pre- tion 16004(a) of the 21st Century Cures Act (A) by striking paragraph (4); ventive pediatric care (including early and (Public Law 114–255), is amended— (B) by redesignating paragraphs (5) periodic screening, diagnostic, and treat- (1) in the section heading, by striking through (8) as paragraphs (4) through (7), re- ment services) covered under State plans ‘‘ ’’ and inserting ‘‘ ’’; and 2016 2017 spectively; and under such title (or waivers of such plans); (2) by striking ‘‘and 2016’’ and inserting (C) by redesignating the paragraph (9) that (2) the impact, or potential effect, of such ‘‘2016, and 2017’’. was redesignated by section 3403(c)(1) of the amendments on access to services covered SEC. 51008. ALLOWING PHYSICIAN ASSISTANTS, Patient Protection and Affordable Care Act under such plans or waivers for individuals NURSE PRACTITIONERS, AND CLIN- ICAL NURSE SPECIALISTS TO SU- (Public Law 111–148) as paragraph (8). on whose behalf child support enforcement is PERVISE CARDIAC, INTENSIVE CAR- (4) NAME CHANGE.—Section 10320(b) of the being carried out by a State agency under DIAC, AND PULMONARY REHABILI- Patient Protection and Affordable Care Act part D of title IV of such Act; and TATION PROGRAMS. (Public Law 111–148) is repealed. (3) the impact, or potential effect, on pro- (a) CARDIAC AND INTENSIVE CARDIAC REHA- (5) RULE OF CONSTRUCTION.—Section viders of services under such plans or waiv- BILITATION PROGRAMS.—Section 1861(eee) of 10320(c) of the Patient Protection and Afford- ers of delays in payment or related issues the Social Security Act (42 U.S.C. 1395x(eee)) able Care Act (Public Law 111–148) is re- that result from such amendments. is amended— pealed. (d) APPLICATION TO CHIP.—

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(1) IN GENERAL.—Section 2107(e)(1) of the under the State plan (or a waiver of such ‘‘(ii) AMOUNT 1.—For purposes of clause (i), Social Security Act (42 U.S.C. 1397gg(e)(1)) is plan) by reason of clause (i)— the amount described in this clause with re- amended— ‘‘(I) before the date on which the individual spect to a drug described in clause (i) and re- (A) by redesignating subparagraphs (B) loses such eligibility, inform the individual— bate period is the amount computed under through (R) as subparagraphs (C) through ‘‘(aa) of the individual’s opportunity to en- paragraph (1) for such drug, increased by the (S), respectively; and roll in a qualified health plan offered amount computed under subparagraph (A) (B) by inserting after subparagraph (A) the through an Exchange established under title and, as applicable, subparagraph (B) for such following new subparagraph: I of the Patient Protection and Affordable drug and rebate period. ‘‘(B) Section 1902(a)(25) (relating to third Care Act during the special enrollment pe- ‘‘(iii) AMOUNT 2.—For purposes of clause (i), party liability).’’. riod specified in section 9801(f)(3) of the In- the amount described in this clause with re- (2) MANDATORY REPORTING.—Section ternal Revenue Code of 1986 (relating to loss spect to a drug described in clause (i) and re- 1902(a)(25)(I)(i) of the Social Security Act (42 of Medicaid or CHIP coverage); and bate period is the amount computed under U.S.C. 1396a(a)(25)(I)(i)) is amended— ‘‘(bb) of the date on which the individual paragraph (1) for such drug, increased by the (A) by striking ‘‘medical assistance under would no longer be considered ineligible by product of— the State plan’’ and inserting ‘‘medical as- reason of clause (i) to receive medical assist- ‘‘(I) the average manufacturer price for the sistance under a State plan (or under a waiv- ance under the State plan or under any waiv- rebate period of the line extension of a single er of the plan)’’; er of such plan and be eligible to reapply to source drug or an innovator multiple source (B) by striking ‘‘(and, at State option, receive such medical assistance; and drug that is an oral solid dosage form; child’’ and inserting ‘‘and child’’; and ‘‘(II) provide technical assistance to the in- ‘‘(II) the highest additional rebate (cal- (C) by striking ‘‘title XXI)’’ and inserting dividual seeking to enroll in such a qualified culated as a percentage of average manufac- ‘‘title XXI’’. health plan. turer price) under this paragraph for the re- SEC. 53103. TREATMENT OF LOTTERY WINNINGS ‘‘(v) QUALIFIED LOTTERY WINNINGS DE- bate period for any strength of the original AND OTHER LUMP-SUM INCOME FOR FINED.—In this subparagraph, the term single source drug or innovator multiple PURPOSES OF INCOME ELIGIBILITY ‘qualified lottery winnings’ means winnings source drug; and UNDER MEDICAID. from a sweepstakes, lottery, or pool de- ‘‘(III) the total number of units of each (a) IN GENERAL.—Section 1902 of the Social scribed in paragraph (3) of section 4402 of the Security Act (42 U.S.C. 1396a) is amended— dosage form and strength of the line exten- Internal Revenue Code of 1986 or a lottery sion product paid for under the State plan in (1) in subsection (a)(17), by striking operated by a multistate or multijuris- ‘‘(e)(14), (e)(14)’’ and inserting ‘‘(e)(14), the rebate period (as reported by the dictional lottery association, including State).’’. (e)(15)’’; and amounts awarded as a lump sum payment. (2) in subsection (e)(14), by adding at the (b) EFFECTIVE DATE.—The amendments ‘‘(vi) QUALIFIED LUMP SUM INCOME DE- made subsection (a) shall apply with respect end the following new subparagraph: FINED.—In this subparagraph, the term ‘‘(K) TREATMENT OF CERTAIN LOTTERY to rebate periods beginning on or after Octo- ‘qualified lump sum income’ means income ber 1, 2018. WINNINGS AND INCOME RECEIVED AS A LUMP that is received as a lump sum from mone- SUM.— tary winnings from gambling (as defined by SEC. 53105. MEDICAID IMPROVEMENT FUND. ‘‘(i) IN GENERAL.—In the case of an indi- the Secretary and including gambling activi- Section 1941(b) of the Social Security Act vidual who is the recipient of qualified lot- ties described in section 1955(b)(4) of title 18, (42 U.S.C. 1396w–1(b)) is amended— tery winnings (pursuant to lotteries occur- United States Code).’’. (1) in paragraph (1), by striking ‘‘$5,000,000’’ ring on or after January 1, 2018) or qualified (b) RULES OF CONSTRUCTION.— and inserting ‘‘$0’’; and lump sum income (received on or after such (1) INTERCEPTION OF LOTTERY WINNINGS AL- (2) in paragraph (3)(A), by striking date) and whose eligibility for medical as- LOWED.—Nothing in the amendment made by ‘‘$980,000,000’’ and inserting ‘‘$0’’. sistance is determined based on the applica- subsection (a)(2) shall be construed as pre- SEC. 53106. PHYSICIAN FEE SCHEDULE UPDATE. tion of modified adjusted gross income under venting a State from intercepting the State Section 1848(d)(18) of the Social Security subparagraph (A), a State shall, in deter- lottery winnings awarded to an individual in Act (42 U.S.C. 1395w–4(d)(18)) is amended by mining such eligibility, include such the State to recover amounts paid by the striking ‘‘paragraph (1)(C)’’ and all that fol- winnings or income (as applicable) as income State under the State Medicaid plan under lows and inserting the following: ‘‘paragraph received— title XIX of the Social Security Act (42 (1)(C)— ‘‘(I) in the month in which such winnings U.S.C. 1396 et seq.) for medical assistance ‘‘(A) for 2016 and each subsequent year or income (as applicable) is received if the furnished to the individual. through 2018 shall be 0.5 percent; and amount of such winnings or income is less (2) APPLICABILITY LIMITED TO ELIGIBILITY OF ‘‘(B) for 2019 shall be 0.25 percent.’’. than $80,000; RECIPIENT OF LOTTERY WINNINGS OR LUMP SUM SEC. 53107. PAYMENT FOR OUTPATIENT PHYS- ‘‘(II) over a period of 2 months if the INCOME.—Nothing in the amendment made ICAL THERAPY SERVICES AND OUT- amount of such winnings or income (as appli- by subsection (a)(2) shall be construed, with PATIENT OCCUPATIONAL THERAPY cable) is greater than or equal to $80,000 but respect to a determination of household in- SERVICES FURNISHED BY A THER- less than $90,000; come for purposes of a determination of eli- APY ASSISTANT. ‘‘(III) over a period of 3 months if the gibility for medical assistance under the Section 1834 of the Social Security Act (42 amount of such winnings or income (as appli- State plan under title XIX of the Social Se- U.S.C. 1395m) is amended by adding at the cable) is greater than or equal to $90,000 but curity Act (42 U.S.C. 1396 et seq.) (or a waiver end the following new subsection: less than $100,000; and of such plan) made by applying modified ad- ‘‘(v) PAYMENT FOR OUTPATIENT PHYSICAL ‘‘(IV) over a period of 3 months plus 1 addi- justed gross income under subparagraph (A) THERAPY SERVICES AND OUTPATIENT OCCUPA- tional month for each increment of $10,000 of of section 1902(e)(14) of such Act (42 U.S.C. TIONAL THERAPY SERVICES FURNISHED BY A such winnings or income (as applicable) re- 1396a(e)(14)), as limiting the eligibility for THERAPY ASSISTANT.— ceived, not to exceed a period of 120 months such medical assistance of any individual ‘‘(1) IN GENERAL.—In the case of an out- (for winnings or income of $1,260,000 or that is a member of the household other patient physical therapy service or out- more), if the amount of such winnings or in- than the individual who received qualified patient occupational therapy service fur- come is greater than or equal to $100,000. lottery winnings or qualified lump-sum in- nished on or after January 1, 2022, for which ‘‘(ii) COUNTING IN EQUAL INSTALLMENTS.— come (as defined in subparagraph (K) of such payment is made under section 1848 or sub- For purposes of subclauses (II), (III), and (IV) section 1902(e)(14), as added by subsection section (k), that is furnished in whole or in of clause (i), winnings or income to which (a)(2) of this section). part by a therapy assistant (as defined by the such subclause applies shall be counted in SEC. 53104. REBATE OBLIGATION WITH RESPECT Secretary), the amount of payment for such equal monthly installments over the period TO LINE EXTENSION DRUGS. service shall be an amount equal to 85 per- of months specified under such subclause. (a) IN GENERAL.—Section 1927(c)(2)(C) of cent of the amount of payment otherwise ap- ‘‘(iii) HARDSHIP EXEMPTION.—An individual the Social Security Act (42 U.S.C. 1396r– plicable for the service under this part. whose income, by application of clause (i), 8(c)(2)(C)) is amended by striking ‘‘(C) TREAT- Nothing in the preceding sentence shall be exceeds the applicable eligibility threshold MENT OF NEW FORMULATIONS.—In the case’’ construed to change applicable requirements established by the State, shall continue to be and all that follows through the period at with respect to such services. eligible for medical assistance to the extent the end of the first sentence and inserting ‘‘(2) USE OF MODIFIER.— that the State determines, under procedures the following: ‘‘(A) ESTABLISHMENT.—Not later than Jan- established by the State (in accordance with ‘‘(C) TREATMENT OF NEW FORMULATIONS.— uary 1, 2019, the Secretary shall establish a standards specified by the Secretary), that ‘‘(i) IN GENERAL.—In the case of a drug that modifier to indicate (in a form and manner the denial of eligibility of the individual is a line extension of a single source drug or specified by the Secretary), in the case of an would cause an undue medical or financial an innovator multiple source drug that is an outpatient physical therapy service or out- hardship as determined on the basis of cri- oral solid dosage form, the rebate obligation patient occupational therapy service fur- teria established by the Secretary. for a rebate period with respect to such drug nished in whole or in part by a therapy as- ‘‘(iv) NOTIFICATIONS AND ASSISTANCE RE- under this subsection shall be the greater of sistant (as so defined), that the service was QUIRED IN CASE OF LOSS OF ELIGIBILITY.—A the amount described in clause (ii) for such furnished by a therapy assistant. State shall, with respect to an individual drug or the amount described in clause (iii) ‘‘(B) REQUIRED USE.—Each request for pay- who loses eligibility for medical assistance for such drug. ment, or bill submitted, for an outpatient

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S789 physical therapy service or outpatient occu- (2) in clause (vi), by inserting ‘‘and 2020’’ More than $160,000 but less than pational therapy service furnished in whole after ‘‘except 2018’’. $500,000 ...... 80 percent or in part by a therapy assistant (as so de- SEC. 53111. MEDICARE PAYMENT UPDATE FOR At least $500,000 ...... 85 percent.’’. fined) on or after January 1, 2020, shall in- SKILLED NURSING FACILITIES. (b) JOINT RETURNS.—Section 1839(i)(3)(C)(ii) clude the modifier established under sub- Section 1888(e)(5)(B) of the Social Security of the Social Security Act (42 U.S.C. paragraph (A) for each such service. Act (42 U.S.C. 1395yy(e)(5)(B)) is amended— 1395r(i)(3)(C)(ii)) is amended by inserting be- ‘‘(3) IMPLEMENTATION.—The Secretary shall (1) in clause (i), by striking ‘‘and (iii)’’ and fore the period the following: ‘‘except, with implement this subsection through notice inserting ‘‘, (iii), and (iv)’’; respect to the dollar amounts applied in the and comment rulemaking.’’. (2) in clause (ii), by striking ‘‘clause (iii)’’ and inserting ‘‘clauses (iii) and (iv)’’; and last row of the table under subclause (III) of SEC. 53108. REDUCTION FOR NON-EMERGENCY such clause (and the second dollar amount ESRD AMBULANCE TRANSPORTS. (3) by adding at the end the following new clause: specified in the second to last row of such Section 1834(l)(15) of the Social Security table), clause (i) shall be applied by sub- Act (42. U.S.C. 1395m(l)(15)) is amended by ‘‘(iv) SPECIAL RULE FOR FISCAL YEAR 2019.— For fiscal year 2019 (or other similar annual stituting dollar amounts which are 150 per- striking ‘‘on or after October 1, 2013’’ and in- cent of such dollar amounts for the calendar serting ‘‘during the period beginning on Oc- period specified in clause (i)), the skilled nursing facility market basket percentage, year’’. tober 1, 2013, and ending on September 30, (c) INFLATION ADJUSTMENT.—Section 2018, and by 23 percent for such services fur- after application of clause (ii), is equal to 2.4 percent.’’. 1839(i)(5) of the Social Security Act (42 U.S.C. nished on or after October 1, 2018’’. 1395r(i)(5)) is amended— SEC. 53109. HOSPITAL TRANSFER POLICY FOR SEC. 53112. PREVENTING THE ARTIFICIAL INFLA- TION OF STAR RATINGS AFTER THE (1) in subparagraph (A), by striking ‘‘In the EARLY DISCHARGES TO HOSPICE case’’ and inserting ‘‘Subject to subpara- CARE. CONSOLIDATION OF MEDICARE AD- VANTAGE PLANS OFFERED BY THE graph (C), in the case’’; (a) IN GENERAL.—Section 1886(d)(5)(J) of SAME ORGANIZATION. (2) in subparagraph (B), by striking ‘‘sub- the Social Security Act (42 U.S.C. Section 1853(o)(4) of the Social Security paragraph (A)’’ and inserting ‘‘subparagraph 1395ww(d)(5)(J)) is amended— Act (42 U.S.C. 1395w–23(o)(4)) is amended by (A) or (C)’’; and (1) in clause (ii)— adding at the end the following new subpara- (3) by adding at the end the following new (A) in subclause (III), by striking ‘‘or’’ at graph: subparagraph: the end; ‘‘(D) SPECIAL RULE TO PREVENT THE ARTIFI- ‘‘(C) TREATMENT OF ADJUSTMENTS FOR CER- (B) by redesignating subclause (IV) as sub- CIAL INFLATION OF STAR RATINGS AFTER THE TAIN HIGHER INCOME INDIVIDUALS.— clause (V); and CONSOLIDATION OF MEDICARE ADVANTAGE ‘‘(i) IN GENERAL.—Subparagraph (A) shall (C) by inserting after subclause (III) the PLANS OFFERED BY A SINGLE ORGANIZATION.— not apply with respect to each dollar amount following new subclause: ‘‘(i) IN GENERAL.—If— in paragraph (3) of $500,000. ‘‘(IV) for discharges occurring on or after ‘‘(I) a Medicare Advantage organization ‘‘(ii) ADJUSTMENT BEGINNING 2028.—In the October 1, 2018, is provided hospice care by a has entered into more than one contract case of any calendar year beginning after hospice program; or’’; and with the Secretary with respect to the offer- 2027, each dollar amount in paragraph (3) of (2) in clause (iv)— ing of Medicare Advantage plans; and $500,000 shall be increased by an amount (A) by inserting after the first sentence the ‘‘(II) on or after January 1, 2019, the Sec- equal to— following new sentence: ‘‘The Secretary shall retary approves a request from the organiza- ‘‘(I) such dollar amount, multiplied by include in the proposed rule published for fis- tion to consolidate the plans under one or ‘‘(II) the percentage (if any) by which the cal year 2019, a description of the effect of more contract (in this subparagraph referred average of the Consumer Price Index for all clause (ii)(IV).’’; and to as a ‘closed contract’) with the plans of- urban consumers (United States city aver- (B) in subclause (I), by striking ‘‘and (III)’’ fered under a separate contract (in this sub- age) for the 12-month period ending with Au- and inserting ‘‘(III), and, in the case of pro- paragraph referred to as the ‘continuing con- gust of the preceding calendar year exceeds posed and final rules for fiscal year 2019 and tract’); such average for the 12-month period ending subsequent fiscal years, (IV)’’. with respect to the continuing contract, the with August 2026.’’. (b) MEDPAC EVALUATION AND REPORT.— Secretary shall adjust the quality rating SEC. 53115. MEDICARE IMPROVEMENT FUND. (1) EVALUATION.—The Medicare Payment under the 5-star rating system and any qual- Section 1898(b)(1) of the Social Security Advisory Commission (in this subsection re- ity increase under this subsection and rebate Act (42 U.S.C. 1395iii(b)(1)) is amended by ferred to as the ‘‘Commission’’) shall conduct amounts under section 1854 to reflect an en- striking ‘‘$220,000,000’’ and inserting ‘‘$0’’. an evaluation of the effects of the amend- rollment-weighted average of scores or rat- ments made by subsection (a), including the SEC. 53116. CLOSING THE DONUT HOLE FOR SEN- ings for the continuing and closed contracts, IORS. effects on— as determined appropriate by the Secretary. (a) CLOSING DONUT HOLE SOONER.—Section (A) the numbers of discharges of patients ‘‘(ii) APPLICATION.—An adjustment under 1860D–2(b)(2)(D) of the Social Security Act from an inpatient hospital setting to a hos- clause (i) shall apply for any year for which (42 U.S.C. 1395w–102(b)(2)(D))— pice program; the quality rating of the continuing contract (1) in clause (i), by amending subclause (I) (B) the lengths of stays of patients in an is based primarily on a measurement period to read as follows: inpatient hospital setting who are dis- that is prior to the first year in which a ‘‘(I) equal to the difference between— charged to a hospice program; closed contract is no longer offered.’’. ‘‘(aa) the applicable gap percentage (speci- (C) spending under the Medicare program SEC. 53113. SUNSETTING EXCLUSION OF fied in clause (ii) for the year); and under title XVIII of the Social Security Act; BIOSIMILARS FROM MEDICARE ‘‘(bb) the discount percentage specified in and PART D COVERAGE GAP DISCOUNT section 1860D–14A(g)(4)(A) for such applicable PROGRAM. (D) other areas determined appropriate by drugs (or, in the case of a year after 2018, 50 Section 1860D–14A(g)(2)(A) of the Social Se- the Commission. percent); or’’; and curity Act (42 U.S.C. 1395w–114a(g)(2)(A)) is (2) CONSIDERATION.—In conducting the (2) in clause (ii)— evaluation under paragraph (1), the Commis- amended by inserting ‘‘, with respect to a plan year before 2019,’’ after ‘‘other than’’. (A) in subclause (IV), by adding ‘‘and’’ at sion shall consider factors such as whether the end; the timely access to hospice care by patients SEC. 53114. ADJUSTMENTS TO MEDICARE PART B AND PART D PREMIUM SUBSIDIES (B) by striking subclause (V); and admitted to a hospital has been affected (C) in subclause (VI)— through changes to hospital policies or be- FOR HIGHER INCOME INDIVIDUALS. (a) IN GENERAL.—Section 1839(i)(3)(C)(i) of (i) by striking ‘‘2020’’ and inserting ‘‘2019’’; haviors made as a result of such amend- and ments. the Social Security Act (42 U.S.C. 1395r(i)(3)(C)(i)) is amended— (ii) by redesignating such subclause as sub- (3) PRELIMINARY RESULTS.—Not later than (1) in subclause (II), in the matter pre- clause (V). March 15, 2020, the Commission shall provide (b) LOWERING DISCOUNTED PRICE.—Section Congress with preliminary results on the ceding the table, by striking ‘‘years begin- ning with’’; and 1860D–14A(g)(4)(A) of the Social Security Act evaluation being conducted under paragraph (42 U.S.C. 1395w–114a(g)(4)(A)) is amended by (1). (2) by adding at the end the following new subclause: inserting ‘‘(or, with respect to a plan year (4) REPORT.—Not later than March 15, 2021, ‘‘(III) Subject to paragraph (5), for years after plan year 2018, 30 percent)’’ after ‘‘50 the Commission shall submit to Congress a percent’’. report on the evaluation conducted under beginning with 2019: SEC. 53117. MODERNIZING CHILD SUPPORT EN- paragraph (1). ‘‘If the modified adjusted gross income FORCEMENT FEES. SEC. 53110. MEDICARE PAYMENT UPDATE FOR is: ...... The applicable (a) IN GENERAL.—Section 454(6)(B)(ii) of the HOME HEALTH SERVICES. percentage is: Social Security Act (42 U.S.C. 654(6)(B)(ii)) is Section 1895(b)(3)(B) of the Social Security More than $85,000 but not more than amended— Act (42 U.S.C. 1395fff(b)(3)(B)) is amended— $107,000 ...... 35 percent (1) by striking ‘‘$25’’ and inserting ‘‘$35’’; (1) in clause (iii), in the last sentence, by More than $107,000 but not more than and inserting before the period at the end the fol- $133,500 ...... 50 percent (2) by striking ‘‘$500’’ each place it appears lowing: ‘‘and for 2020 shall be 1.5 percent’’; More than $133,500 but not more than and inserting ‘‘$550’’. and $160,000 ...... 65 percent (b) EFFECTIVE DATE.—

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE S790 CONGRESSIONAL RECORD — SENATE February 7, 2018

(1) IN GENERAL.—The amendments made by (B) by inserting after paragraph (19) the Section 1115 of the Agricultural Act of 2014 (7 subsection (a) shall take effect on the 1st day following: U.S.C. 9015) is amended— of the 1st fiscal year that begins on or after ‘‘(20) SEED COTTON.—The term ‘seed cotton’ (A) in subsection (a), by striking ‘‘For’’ the date of the enactment of this Act, and means unginned upland cotton that includes and inserting ‘‘Except as provided in sub- shall apply to payments under part D of title both lint and seed.’’. section (g), for’’; and IV of the Social Security Act (42 U.S.C. 651 (4) PAYMENT YIELD.—Section 1113 of the Ag- (B) by adding at the end the following: et seq.) for calendar quarters beginning on or ricultural Act of 2014 (7 U.S.C. 9013) is ‘‘(g) SPECIAL ELECTION.— after such 1st day. amended by adding at the end the following: ‘‘(1) IN GENERAL.—In the case of acres allo- (2) DELAY PERMITTED IF STATE LEGISLATION ‘‘(e) PAYMENT YIELD FOR SEED COTTON.— cated to seed cotton on a farm, all of the pro- REQUIRED.—If the Secretary of Health and ‘‘(1) PAYMENT YIELD.—Subject to paragraph ducers on the farm shall be given the oppor- Human Services determines that State legis- (2), the payment yield for seed cotton for a tunity to make a new 1-time election under lation (other than legislation appropriating farm shall be equal to 2.4 times the payment subsection (a) to reflect the designation of funds) is required in order for a State plan yield for upland cotton for the farm estab- seed cotton as a covered commodity for that developed pursuant to part D of title IV of lished under section 1104(e)(3) of the Food, crop year under section 1111(6)(B). the Social Security Act (42 U.S.C. 651 et seq.) Conservation, and Energy Act of 2008 (7 ‘‘(2) EFFECT OF FAILURE TO MAKE UNANIMOUS to meet the requirements imposed by the U.S.C. 8714(e)(3)) (as in effect on September ELECTION.—If all the producers on a farm fail amendment made by subsection (a), the plan 30, 2013). to make a unanimous election under para- shall not be regarded as failing to meet such ‘‘(2) UPDATE.—At the sole discretion of the graph (1), the producers on the farm shall be requirements before the 1st day of the 1st owner of a farm with a yield for upland cot- deemed to have elected price loss coverage calendar quarter beginning after the first ton described in paragraph (1), the owner of under section 1116 for acres allocated on the regular session of the State legislature that the farm shall have a 1-time opportunity to farm to seed cotton.’’. begins after the date of the enactment of update the payment yield for upland cotton (8) EFFECTIVE PRICE.—Section 1116 of the this Act. For purposes of the preceding sen- for the farm, as provided in subsection (d), Agricultural Act of 2014 (7 U.S.C. 9016) is tence, if the State has a 2-year legislative for the purpose of calculating the payment amended by adding at the end the following: session, each year of the session is deemed to yield for seed cotton under paragraph (1).’’. ‘‘(h) EFFECTIVE PRICE FOR SEED COTTON.— be a separate regular session of the State (5) PAYMENT ACRES.—Section 1114(b) of the ‘‘(1) IN GENERAL.—The effective price for legislature. Agricultural Act of 2014 (7 U.S.C. 9014(b)) is seed cotton under subsection (b) shall be SEC. 53118. INCREASING EFFICIENCY OF PRISON amended by adding at the end the following: equal to the marketing year average price DATA REPORTING. ‘‘(4) SEED COTTON.— for seed cotton, as calculated under para- (a) IN GENERAL.—Section 1611(e)(1)(I)(i)(II) ‘‘(A) IN GENERAL.—Not later than 90 days graph (2). of the Social Security Act (42 U.S.C. after the date of enactment of this para- ‘‘(2) CALCULATION.—The marketing year 1382(e)(1)(I)(i)(II)) is amended by striking ‘‘30 graph, the Secretary shall require the owner average price for seed cotton for a crop year days’’ each place it appears and inserting ‘‘15 of a farm to allocate all generic base acres shall be equal to the quotient obtained by di- days’’. on the farm under subparagraph (B) or (C), or viding— (b) EFFECTIVE DATE.—The amendments both. ‘‘(A) the sum obtained by adding— made by subsection (a) shall apply with re- ‘‘(B) NO RECENT HISTORY OF COVERED COM- ‘‘(i) the product obtained by multiplying— spect to any payment made by the Commis- MODITIES.—In the case of a farm on which no ‘‘(I) the upland cotton lint marketing year sioner of Social Security pursuant to section covered commodities (including seed cotton) average price; and 1611(e)(1)(I)(i)(II) of the Social Security Act were planted or were prevented from being ‘‘(II) the total United States upland cotton (42 U.S.C. 1382(e)(1)(I)(i)(II)) (as amended by planted at any time during the 2009 through lint production, measured in pounds; and such subsection) on or after the date that is 2016 crop years, the owner of such farm shall ‘‘(ii) the product obtained by multiplying— 6 months after the date of enactment of this allocate generic base acres on the farm to ‘‘(I) the cottonseed marketing year average Act. unassigned crop base for which no payments price; and SEC. 53119. PREVENTION AND PUBLIC HEALTH may be made under section 1116 or 1117. ‘‘(II) the total United States cottonseed FUND. ‘‘(C) RECENT HISTORY OF COVERED COMMOD- production, measured in pounds; by Section 4002(b) of the Patient Protection ITIES.—In the case of a farm not described in ‘‘(B) the sum obtained by adding— and Affordable Care Act (42 U.S.C. 300u- subparagraph (B), the owner of such farm ‘‘(i) the total United States upland cotton 11(b)), as amended by section 3103 of Public shall allocate generic base acres on the lint production, measured in pounds; and Law 115-96, is amended by striking para- farm— ‘‘(ii) the total United States cottonseed graphs (4) through (9) and inserting the fol- ‘‘(i) subject to subparagraph (D), to seed lowing: production, measured in pounds.’’. cotton base acres in a quantity equal to the ‘‘(4) for fiscal year 2019, $900,000,000; (9) DEEMED LOAN RATE FOR SEED COTTON.— greater of— ‘‘(5) for each of fiscal years 2020 and 2021, Section 1202 of the Agricultural Act of 2014 (7 ‘‘(I) 80 percent of the generic base acres on $950,000,000; U.S.C. 9032) is amended by adding at the end the farm; or ‘‘(6) for each of fiscal years 2022 and 2023, the following: ‘‘(II) the average number of seed cotton ‘‘(c) SEED COTTON.— $1,000,000,000; acres planted or prevented from being plant- ‘‘(7) for each of fiscal years 2024 and 2025, ‘‘(1) IN GENERAL.—For purposes of section ed on the farm during the 2009 through 2012 $1,300,000,000; 1116(b)(2) and paragraphs (1)(B)(ii) and crop years (not to exceed the total generic ‘‘(8) for each of fiscal years 2026 and 2027, (2)(A)(ii)(II) of section 1117(b), the loan rate $1,800,000,000; and base acres on the farm); or for seed cotton shall be deemed to be equal ‘‘(9) for fiscal year 2028 and each fiscal year ‘‘(ii) to base acres for covered commodities to $0.25 per pound. thereafter, $2,000,000,000.’’. (including seed cotton), by applying subpara- ‘‘(2) EFFECT.—Nothing in this subsection graphs (B), (D), (E), and (F) of section authorizes any nonrecourse marketing as- DIVISION F—IMPROVEMENTS TO 1112(a)(3). sistance loan under this subtitle for seed cot- AGRICULTURE PROGRAMS ‘‘(D) TREATMENT OF RESIDUAL GENERIC BASE ton.’’. SEC. 60101. (a) TREATMENT OF SEED COT- ACRES.—In the case of a farm on which ge- (10) LIMITATION ON STACKED INCOME PROTEC- TON.— neric base acres are allocated under subpara- TION PLAN FOR PRODUCERS OF UPLAND COT- (1) DESIGNATION OF SEED COTTON AS A COV- graph (C)(i), the residual generic base acres TON.—Section 508B of the Federal Crop Insur- ERED COMMODITY.—Section 1111(6) of the Ag- shall be allocated to unassigned crop base for ance Act (7 U.S.C. 1508b) is amended by add- ricultural Act of 2014 (7 U.S.C. 9011(6)) is which no payments may be made under sec- ing at the end the following: amended— tion 1116 or 1117. ‘‘(f) LIMITATION.—Effective beginning with (A) by striking ‘‘The term’’ and inserting ‘‘(E) EFFECT OF FAILURE TO ALLOCATE.—In the 2019 crop year, a farm shall not be eligi- the following: the case of a farm not described in subpara- ble for the Stacked Income Protection Plan ‘‘(A) IN GENERAL.—The term’’; and graph (B) for which the owner of the farm for upland cotton for a crop year for which (B) by adding at the end the following: fails to make an election under subparagraph the farm is enrolled in coverage for seed cot- ‘‘(B) INCLUSION.—Effective beginning with (C), the owner of the farm shall be deemed to ton under— the 2018 crop year, the term ‘covered com- have elected to allocate all generic base ‘‘(1) price loss coverage under section 1116 modity’ includes seed cotton.’’. acres in accordance with subparagraph of the Agricultural Act of 2014 (7 U.S.C. 9016); (2) REFERENCE PRICE FOR SEED COTTON.— (C)(i).’’. or Section 1111(18) of the Agricultural Act of (6) RECORDKEEPING REGARDING UNASSIGNED ‘‘(2) agriculture risk coverage under sec- 2014 (7 U.S.C. 9011(18)) is amended by adding CROP BASE.—Section 1114 of the Agricultural tion 1117 of that Act (7 U.S.C. 9017).’’. at the end the following: Act of 2014 (7 U.S.C. 9014) is amended by add- (11) TECHNICAL CORRECTION.—Section ‘‘(O) For seed cotton, $0.367 per pound.’’. ing at the end the following: 1114(b)(2) of the Agricultural Act of 2014 (7 (3) DEFINITION OF SEED COTTON.—Section ‘‘(f) UNASSIGNED CROP BASE.—The Sec- U.S.C. 9014(b)(2)) is amended by striking 1111 of the Agricultural Act of 2014 (7 U.S.C. retary shall maintain information on generic ‘‘paragraphs (1)(B) and (2)(B)’’ and inserting 9011) is amended— base acres on a farm allocated as unassigned ‘‘paragraphs (1) and (2)’’. (A) by redesignating paragraphs (20) crop base under subsection (b)(4).’’. (12) ADMINISTRATION.—The Secretary of Ag- through (24) as paragraphs (21) through (25), (7) SPECIAL ELECTION PERIOD FOR PRICE LOSS riculture shall carry out the amendments respectively; and COVERAGE OR AGRICULTURE RISK COVERAGE.— made by this subsection in accordance with

VerDate Sep 11 2014 05:55 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE February 7, 2018 CONGRESSIONAL RECORD — SENATE S791 section 1601 of the Agricultural Act of 2014 (7 (III) by striking ‘‘$0.040’’ and inserting of 2010 as being included in an appropriation U.S.C. 9091). ‘‘$0.009’’; Act. (13) APPLICATION.—Except as provided in (IV) by striking ‘‘$0.055’’ and inserting paragraph (10), the amendments made by ‘‘$0.016’’; SA 1931. Mr. MCCONNELL proposed this subsection shall apply beginning with (V) by striking ‘‘$0.090’’ and inserting an amendment to amendment SA 1930 the 2018 crop year. ‘‘$0.040’’; proposed by Mr. MCCONNELL to the bill (b) MARGIN PROTECTION PROGRAM FOR (VI) by striking ‘‘$0.217’’ and inserting H.R. 1892, to amend title 4, United DAIRY PRODUCERS.— ‘‘$0.063’’; States Code, to provide for the flying of (VII) by striking ‘‘$0.300’’ and inserting (1) MONTHLY CALCULATION OF ACTUAL DAIRY the flag at half-staff in the event of the PRODUCTION MARGIN.— ‘‘$0.087’’; and (VIII) by striking ‘‘$0.475’’ and inserting death of a first responder in the line of (A) DEFINITIONS.—Section 1401 of the Agri- duty, as follows: cultural Act of 2014 (7 U.S.C. 9051) is amend- ‘‘$0.142’’; and At the end add the following. ed— (B) in subsection (c)— (i) by striking the subsection heading and ‘‘This Act shall take effect 1 day after the (i) by striking paragraph (4); and date of enactment.’’ (ii) by redesignating paragraphs (5) inserting the following: ‘‘TIER II: PREMIUM PER HUNDREDWEIGHT FOR PRODUCTION IN EX- through (11) as paragraphs (4) through (10), SA 1932. Mr. MCCONNELL proposed respectively. CESS OF 5,000,000 POUNDS.—’’; and (ii) in paragraph (1), by striking ‘‘4,000,000’’ an amendment to the bill H.R. 1892, to (B) CALCULATION OF ACTUAL DAIRY PRODUC- amend title 4, United States Code, to TION MARGIN.—Section 1402(b)(1) of the Agri- and inserting ‘‘5,000,000’’. cultural Act of 2014 (7 U.S.C. 9052(b)(1)) is (5) APPLICATION.—The amendments made provide for the flying of the flag at amended by striking ‘‘consecutive 2-month by this subsection shall apply beginning with half-staff in the event of the death of a period’’ each place it appears and inserting the 2018 calendar year. first responder in the line of duty; as (c) LIMITATION ON CROP INSURANCE LIVE- ‘‘month’’. follows: STOCK-RELATED EXPENDITURES.— (C) MARGIN PROTECTION PAYMENTS.—Sec- (1) IN GENERAL.—Section 523(b) of the Fed- At the end add the following. tion 1406 of the Agricultural Act of 2014 (7 eral Crop Insurance Act (7 U.S.C. 1523(b)) is ‘‘This Act shall take effect 2 days after the U.S.C. 9056) is amended— amended by striking paragraph (10). date of enactment.’’ (i) by striking ‘‘consecutive 2-month pe- (2) CONFORMING AMENDMENTS.—Section 516 SA 1933. Mr. MCCONNELL proposed riod’’ each place it appears and inserting of the Federal Crop Insurance Act (7 U.S.C. ‘‘month’’; and 1516) is amended in subsections (a)(2)(C) and an amendment to amendment SA 1932 (ii) in subsection (c)(2)(B), by striking ‘‘6’’ (b)(1)(D) by striking ‘‘subsections (a)(3)(E)(ii) proposed by Mr. MCCONNELL to the bill and inserting ‘‘12’’. and (b)(10) of section 523’’ each place it ap- H.R. 1892, to amend title 4, United ARTICIPATION OF DAIRY OPERATIONS IN (2) P pears and inserting ‘‘subsection (a)(3)(E)(ii) States Code, to provide for the flying of MARGIN PROTECTION PROGRAM.—Section 1404 of that section’’. the flag at half-staff in the event of the of the Agricultural Act of 2014 (7 U.S.C. 9054) SEC. 60102. (a) Section 1240B of the Food Se- is amended— death of a first responder in the line of curity Act of 1985 (16 U.S.C. 3839aa–2) is duty; as follows: (A) in subsection (b)— amended by striking subsection (a) and in- (i) in paragraph (1), by inserting ‘‘, includ- serting the following: Strike ‘‘2’’ and insert ‘‘3’’ ing the establishment of a date each cal- ‘‘(a) ESTABLISHMENT.—During each of the endar year by which a dairy operation shall 2002 through 2019 fiscal years, the Secretary SA 1934. Mr. MCCONNELL proposed register for the calendar year’’ before the pe- shall provide payments to producers that an amendment to amendment SA 1933 riod at the end; enter into contracts with the Secretary proposed by Mr. MCCONNELL to the (ii) by redesignating paragraphs (2) and (3) under the program.’’. amendment SA 1932 proposed by Mr. (b) Section 1241 of the Food Security Act of as paragraphs (3) and (4), respectively; and MCCONNELL to the bill H.R. 1892, to 1985 (16 U.S.C. 3841) is amended— (iii) by inserting after paragraph (1) the amend title 4, United States Code, to following: (1) in subsection (a)— (A) in the matter preceding paragraph (1), provide for the flying of the flag at ‘‘(2) EXTENSION OF ELECTION PERIOD FOR 2018 half-staff in the event of the death of a CALENDAR YEAR.—The Secretary shall extend by striking ‘‘2018’’ and inserting ‘‘2018 (and the election period for the 2018 calendar year fiscal year 2019 in the case of the program first responder in the line of duty, as by not less than 90 days after the date of en- specified in paragraph (5))’’; and follows: actment of the Bipartisan Budget Act of 2018 (B) in paragraph (5)(E), by striking ‘‘fiscal Strike ‘‘3 days’’ and insert ‘‘4 days’’ or such additional period as the Secretary year 2018’’ and inserting ‘‘each of fiscal years f determines is necessary for dairy operations 2018 through 2019’’; and to make new elections to participate for that (2) in subsection (b), by striking ‘‘2018’’ and inserting ‘‘2018 (and fiscal year 2019 in the AUTHORITY FOR COMMITTEES TO calendar year, including dairy operations MEET that elected to so participate before that case of the program specified in subsection date of enactment.’’; and (a)(5))’’. Mr. SCOTT. Mr. President, I have 9 This division may be cited as the ‘‘Im- (B) in subsection (c), by adding at the end requests for committees to meet during provements to Agriculture Programs Act of the following: 2018’’. today’s session of the Senate. They ‘‘(4) EXEMPTION.—A limited resource, be- have the approval of the Majority and ginning, veteran, or socially disadvantaged DIVISION G—BUDGETARY EFFECTS Minority leaders. farmer, as defined by the Secretary, shall be SEC. 70101. BUDGETARY EFFECTS. Pursuant to rule XXVI, paragraph exempt from the administrative fee under (a) IN GENERAL.—The budgetary effects of division A, subdivision 2 of division B, and 5(a), of the Standing Rules of the Sen- this subsection.’’. ate, the following committees are au- (3) PRODUCTION HISTORY OF PARTICIPATING division C and each succeeding division shall DAIRY OPERATIONS.—Section 1405(a) of the not be entered on either PAYGO scorecard thorized to meet during today’s session Agricultural Act of 2014 (7 U.S.C. 9055(a)) is maintained pursuant to section 4(d) of the of the Senate: amended by adding at the end the following: Statutory Pay-As-You-Go Act of 2010. COMMITTEE ON ENVIRONMENT AND PUBLIC (b) SENATE PAYGO SCORECARDS.—The budg- WORKS ‘‘(3) CONTINUED APPLICABILITY OF BASE PRO- etary effects of division A, subdivision 2 of DUCTION HISTORY.—A production history es- division B, and division C and each suc- The Committee on Environment and tablished for a dairy operation under para- ceeding division shall not be entered on any Public Works is authorized to meet graph (1) shall be the base production history PAYGO scorecard maintained for purposes of during the session of the Senate on for the dairy operation in subsequent years section 4106 of H. Con. Res. 71 (115th Con- Wednesday, February 7, 2018, at 9:30 (as adjusted under paragraph (2)).’’. gress). a.m., to conduct a hearing on the nomi- (4) PREMIUMS FOR MARGIN PROTECTION PRO- (c) CLASSIFICATION OF BUDGETARY EF- nation of Andrew Wheeler, of Virginia, GRAM.—Section 1407 of the Agricultural Act FECTS.—Notwithstanding Rule 3 of the Budg- of 2014 (7 U.S.C. 9057) is amended— et Scorekeeping Guidelines set forth in the to be Deputy Administrator of the En- (A) in subsection (b)— joint explanatory statement of the com- vironmental Protection Agency. (i) by striking the subsection heading and mittee of conference accompanying Con- COMMITTEE ON ENVIRONMENT AND PUBLIC inserting the following: ‘‘TIER I: PREMIUM ference Report 105–217 and section 250(c)(8) of WORKS PER HUNDREDWEIGHT FOR FIRST 5,000,000 the Balanced Budget and Emergency Deficit The Committee on Environment and POUNDS OF PRODUCTION.—’’; Control Act of 1985, the budgetary effects of Public Works is authorized to meet (ii) in paragraph (1), by striking ‘‘4,000,000’’ division A, subdivision 2 of division B, and during the session of the Senate on and inserting ‘‘5,000,000’’; and division C and each succeeding division shall (iii) in paragraph (2)— not be estimated— Wednesday, February 7, 2018, at 10 a.m., (I) by striking ‘‘$0.010’’ and inserting (1) for purposes of section 251 of such Act; to conduct a hearing entitled ‘‘The Im- ‘‘None’’; and pact of Federal Environmental Regula- (II) by striking ‘‘$0.025’’ and inserting (2) for purposes of paragraph (4)(C) of sec- tions and Policies on American Farm- ‘‘None’’; tion 3 of the Statutory Pay-As-You-Go Act ing and Ranching Communities.’’

VerDate Sep 11 2014 06:57 Feb 08, 2018 Jkt 079060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\A07FE6.039 S07FEPT1 lotter on DSKBCFDHB2PROD with SENATE