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H.R. 1892: Further Extension of Continuing Appropriations Act, 2018; Department of Defense Appropriations Act, 2018; SUSTAIN Care Act of 2018; Honoring Hometown Heroes Act

The text of the bill below is as of Feb 9, 2018 (Passed Congress).


I

One Hundred Fifteenth Congress of the United States of America

At the Second Session

H. R. 1892

AN ACT

To amend title 4, United States Code, to provide for the flying of the flag at half-staff in the event of the death of a first responder in the line of duty.

1.

Short Title

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

A

Honoring Hometown Heroes Act

10101.

Short title

This division may be cited as the Honoring Hometown Heroes Act.

10102.

Permitting the flag to be flown at half-staff in the event of the death of a first responder serving in the line of duty

(a)

Amendment

The sixth sentence of section 7(m) of title 4, United States Code, is amended—

(1)

by striking or after possession of the United States and inserting a comma;

(2)

by inserting or the death of a first responder working in any State, territory, or possession who dies while serving in the line of duty, after while serving on active duty,;

(3)

by striking and after former officials of the District of Columbia and inserting a comma; and

(4)

by inserting before the period the following: , and first responders working in the District of Columbia.

(b)

First responder defined

Such subsection is further amended—

(1)

in paragraph (2), by striking , United States Code; and and inserting a semicolon;

(2)

in paragraph (3), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following new paragraph:

(4)

the term first responder means a public safety officer as defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284).

.

(c)

Effective Date

The amendments made by this section shall apply with respect to deaths of first responders occurring on or after the date of the enactment of this Act.

B

Supplemental Appropriations, Tax Relief, and Medicaid Changes Relating to Certain Disasters and further extension of continuing appropriations

1

Further Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2018

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

I

DEPARTMENT OF AGRICULTURE

AGRICULTURAL PROGRAMS

Processing, research and marketing

Office of the secretary

For an additional amount for the Office of the Secretary, $2,360,000,000, which shall remain available until December 31, 2019, for necessary expenses related to crops, trees, bushes, and vine losses related to the consequences of Hurricanes Harvey, Irma, Maria, and other hurricanes and wildfires occurring in calendar year 2017 under such terms and conditions as determined by the Secretary: Provided, That the Secretary may provide assistance for such losses in the form of block grants to eligible states and territories: Provided further, That the total amount of payments received under this heading and applicable policies of crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or the Noninsured Crop Disaster Assistance Program (NAP) under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) shall not exceed 85 percent of the loss as determined by the Secretary: Provided further, That the total amount of payments received under this heading for producers who did not obtain a policy or plan of insurance for an insurable commodity for the 2017 crop year, or 2018 crop year as applicable, under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the crop incurring the losses or did not file the required paperwork and pay the service fee by the applicable State filing deadline for a noninsurable commodity for the 2017 crop year, or 2018 crop year as applicable, under NAP for the crop incurring the losses shall not exceed 65 percent of the loss as determined by the Secretary: Provided further, That producers receiving payments under this heading, as determined by the Secretary, shall be required to purchase crop insurance where crop insurance is available for the next two available crop years, and producers receiving payments under this heading shall be required to purchase coverage under NAP where crop insurance is not available in the next two available crop years, as determined by the Secretary: Provided further, That, not later than 90 days after the end of fiscal year 2018, the Secretary shall submit a report to the Congress specifying the type, amount, and method of such assistance by state and territory and the status of the amounts obligated and plans for further expenditure and include improvements that can be made to Federal Crop Insurance policies, either administratively or legislatively, to increase participation, particularly among underserved producers, in higher levels of coverage in future years for crops qualifying for assistance under this heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Office of inspector general

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

Agricultural research service

BUILDINGS AND FACILITIES

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

Farm service agency

EMERGENCY CONSERVATION PROGRAM

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

Natural resources conservation service

WATERSHED AND FLOOD PREVENTION OPERATIONS

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

RURAL DEVELOPMENT PROGRAMS

Rural housing service

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

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

Rural utilities service

RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

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

DOMESTIC FOOD PROGRAMS

Food and nutrition service

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC)

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

COMMODITY ASSISTANCE PROGRAM

For an additional amount for Commodity Assistance Program for the emergency food assistance program as authorized by section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)), $24,000,000, to remain available until September 30, 2019, for necessary expenses of those jurisdictions that received a major disaster or emergency declaration pursuant to section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191) related to the consequences of Hurricanes Harvey, Irma, and Maria or due to wildfires in 2017: Provided, That notwithstanding any other provisions of the Emergency Food Assistance Act of 1983, the Secretary of Agriculture may provide resources to Puerto Rico, the Virgin Islands of the United States, and affected States, as determined by the Secretary, to assist affected families and individuals without regard to sections 204 and 214 of such Act (7 U.S.C. 7508, 7515) by allocating additional foods and funds for administrative expenses from resources specifically appropriated, transferred, or reprogrammed: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

Department of health and human services

FOOD AND DRUG ADMINISTRATION

BUILDINGS AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

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

GENERAL PROVISION—THIS TITLE

20101.
(a)

Section 1501(b) of the Agricultural Act of 2014 (7 U.S.C. 9081(b)) is amended—

(1)

in paragraph (1), in the matter before subparagraph (A), by inserting sold livestock for a reduced sale price, or both after normal mortality,;

(2)

in paragraph (2), by striking applicable livestock on the day before the date of death of the livestock, as determined by the Secretary. and inserting the following:

affected livestock, as determined by the Secretary, on, as applicable—

(A)

the day before the date of death of the livestock; or

(B)

the day before the date of the event that caused the harm to the livestock that resulted in a reduced sale price.

; and

(3)

by adding at the end the following new paragraph:

(4)

A payment made under paragraph (1) to an eligible producer on a farm that sold livestock for a reduced sale price shall—

(A)

be made if the sale occurs within a reasonable period following the event, as determined by the Secretary; and

(B)

be reduced by the amount that the producer received for the sale.

.

(b)

Section 1501(d)(1) of the Agricultural Act of 2014 (7 U.S.C. 9081(d)(1)) is amended by striking not more than $20,000,000 of.

(c)

Section 1501(e)(4)(C) of the Agricultural Act of 2014 (7 U.S.C. 9081(e)(4)(C)) is amended by striking 500 acres and inserting 1,000 acres.

(d)

Section 1501 of the Agricultural Act of 2014 (7 U.S.C. 9081) is amended—

(1)

in subsection (e)(4)—

(A)

by striking subparagraph (B); and

(B)

by redesignating subparagraph (C), as amended by subsection (c), as subparagraph (B); and

(2)

in subsection (f)(2), by striking subsection (e) and inserting subsections (b) and (e).

(e)

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

(f)

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

II

DEPARTMENT OF COMMERCE

Economic development administration

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

Pursuant to section 703 of the Public Works and Economic Development Act (42 U.S.C. 3233), for an additional amount for Economic Development Assistance Programs for necessary expenses related to flood mitigation, disaster relief, long-term recovery, and restoration of infrastructure in areas that received a major disaster designation as a result of Hurricanes Harvey, Irma, and Maria, and of wildfires and other natural disasters occurring in calendar year 2017 under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $600,000,000, to remain available until expended: Provided, That the amount provided under this heading is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That within the amount appropriated, up to 2 percent of funds may be transferred to the Salaries and Expenses account for administration and oversight activities: Provided further, That within the amount appropriated, $1,000,000 shall be transferred to the Office of Inspector General account for carrying out investigations and audits related to the funding provided under this heading.

National oceanic and atmospheric administration

OPERATIONS, RESEARCH, AND FACILITIES

For an additional amount for Operations, Research, and Facilities for necessary expenses related to the consequences of Hurricanes Harvey, Irma, and Maria, $120,904,000, to remain available until September 30, 2019, as follows:

(1)

$12,904,000 for repair and replacement of observing assets, Federal real property, and equipment;

(2)

$18,000,000 for marine debris assessment and removal;

(3)

$40,000,000 for mapping, charting, and geodesy services; and

(4)

$50,000,000 to improve weather forecasting, hurricane intensity forecasting and flood forecasting and mitigation capabilities, including data assimilation from ocean observing platforms and satellites:

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

PROCUREMENT, ACQUISITION AND CONSTRUCTION

For an additional amount for Procurement, Acquisition and Construction for necessary expenses related to the consequences of Hurricanes Harvey, Irma, and Maria, $79,232,000, to remain available until September 30, 2020, as follows:

(1)

$29,232,000 for repair and replacement of Federal real property and observing assets; and

(2)

$50,000,000 for improvements to operational and research weather supercomputing infrastructure and for improvement of satellite ground services used in hurricane intensity and track prediction:

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

FISHERIES DISASTER ASSISTANCE

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

DEPARTMENT OF JUSTICE

United states marshals service

SALARIES AND EXPENSES

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

Federal bureau of investigation

SALARIES AND EXPENSES

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

Drug enforcement administration

SALARIES AND EXPENSES

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

Federal prison system

SALARIES AND EXPENSES

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

BUILDINGS AND FACILITIES

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

SCIENCE

National aeronautics and space administration

CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

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

National science foundation

RESEARCH AND RELATED ACTIVITIES

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

RELATED AGENCIES

Legal services corporation

PAYMENT TO THE LEGAL SERVICES CORPORATION

For an additional amount for Payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act by providing for necessary expenses related to the consequences of Hurricanes Harvey, Irma, and Maria and of the calendar year 2017 wildfires, $15,000,000: Provided, That the amount made available under this heading shall be used only to provide the mobile resources, technology, and disaster coordinators necessary to provide storm-related services to the Legal Services Corporation client population and only in the areas significantly affected by Hurricanes Harvey, Irma, and Maria and by the calendar year 2017 wildfires: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That none of the funds appropriated in this subdivision to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105–119, and all funds appropriated in this subdivision to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2017 and 2018, respectively, and except that sections 501 and 503 of Public Law 104–134 (referenced by Public Law 105–119) shall not apply to the amount made available under this heading: Provided further, That, for the purposes of this subdivision, the Legal Services Corporation shall be considered an agency of the United States Government.

GENERAL PROVISION—THIS TITLE

20201.
(a)

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

(b)

Upon issuance of a waiver pursuant to this section, the State of Louisiana shall, in consultation with the Secretary of Commerce:

(1)

To the extent practicable and consistent with the purposes of the projects, minimize impacts on marine mammal species and population stocks; and

(2)

Monitor and evaluate the impacts of the projects on such species and population stocks.

III

DEPARTMENT OF DEFENSE

DEPARTMENT OF DEFENSE—MILITARY

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For an additional amount for Operation and Maintenance, Army, $20,110,000, for necessary expenses related to the consequences of Hurricanes Harvey, Irma, and Maria: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Operation and Maintenance, Navy

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

Operation and Maintenance, Marine Corps

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

Operation and Maintenance, Air Force

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

Operation and Maintenance, Defense-Wide

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

Operation and Maintenance, Army Reserve

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

Operation and Maintenance, Navy Reserve

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

Operation and Maintenance, Air Force Reserve

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

Operation and Maintenance, Army National Guard

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

PROCUREMENT

Other Procurement, Navy

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

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

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

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

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

IV

CORPS OF ENGINEERS—CIVIL

DEPARTMENT OF THE ARMY

Investigations

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

CONSTRUCTION

For an additional amount for Construction for necessary expenses to address emergency situations at Corps of Engineers projects, and to construct, and rehabilitate and repair damages caused by natural disasters, to Corps of Engineers projects, $15,055,000,000, to remain available until expended: Provided, That of such amount, $15,000,000,000 is available to construct flood and storm damage reduction, including shore protection, projects which are currently authorized or which are authorized after the date of enactment of this subdivision, and flood and storm damage reduction, including shore protection, projects which have signed Chief’s Reports as of the date of enactment of this subdivision or which are studied using funds provided under the heading “Investigations” if the Secretary determines such projects to be technically feasible, economically justified, and environmentally acceptable, in States and insular areas with more than one flood-related major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in calendar years 2014, 2015, 2016, or 2017: Provided further, That of the amounts in the preceding proviso, not less than $10,425,000,000 shall be available for such projects within States and insular areas that were impacted by Hurricanes Harvey, Irma, and Maria: Provided further, That all repair, rehabilitation, study, design, and construction of Corps of Engineers projects in Puerto Rico and the United States Virgin Islands, using funds provided under this heading, shall be conducted at full Federal expense: Provided further, That for projects receiving funding under this heading, the provisions of section 902 of the Water Resources Development Act of 1986 shall not apply to these funds: Provided further, That the completion of ongoing construction projects receiving funds provided under this heading shall be at full Federal expense with respect to such funds: Provided further, That using funds provided under this heading, the non-Federal cash contribution for projects eligible for funding pursuant to the first proviso shall be financed in accordance with the provisions of section 103(k) of Public Law 99–662 over a period of 30 years from the date of completion of the project or separable element: Provided further, That up to $50,000,000 of the funds made available under this heading shall be used for continuing authorities projects to reduce the risk of flooding and storm damage: Provided further, That any projects using funds appropriated under this heading shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary requiring, where applicable, the non-Federal interests to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs of the project and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after the enactment of this subdivision.

MISSISSIPPI RIVER AND TRIBUTARIES

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

OPERATION AND MAINTENANCE

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

FLOOD CONTROL AND COASTAL EMERGENCIES

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

EXPENSES

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

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

Electricity Delivery and Energy Reliability

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

Strategic Petroleum Reserve

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

GENERAL PROVISIONS—THIS TITLE

20401.

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

20402.

From the unobligated balances of amounts made available to the U.S. Army Corps of Engineers, $518,900,000 under the heading Corps of Engineers—Civil, Flood Control and Coastal Emergencies and $210,000,000 under the heading Corps of Engineers—Civil, Operations and Maintenance in title X of the Disaster Relief Appropriations Act, 2013 (Public Law 113–2; 127 Stat. 25) shall be transferred to Corps of Engineers—Civil, Construction, to remain available until expended, to rehabilitate, repair and construct Corps of Engineers projects: Provided, That those projects may only include construction expenses, including cost sharing, as described under the heading Corps of Engineers—Civil, Construction in title X of that Act or other construction expenses related to the consequences of Hurricane Sandy: Provided further, That amounts transferred pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after the enactment of this subdivision.

V

INDEPENDENT AGENCIES

General Services Administration

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

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

Small Business Administration

OFFICE OF INSPECTOR GENERAL

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

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

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

VI

DEPARTMENT OF HOMELAND SECURITY

DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT

Office of inspector general

OPERATIONS AND SUPPORT

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

SECURITY, ENFORCEMENT, AND INVESTIGATIONS

U.S. customs and border protection

OPERATIONS AND SUPPORT

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

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

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

U.S. Immigration and customs enforcement

OPERATIONS AND SUPPORT

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

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

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

Transportation security administration

OPERATIONS AND SUPPORT

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

Coast guard

OPERATING EXPENSES

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

ENVIRONMENTAL COMPLIANCE AND RESTORATION

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

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For an additional amount for Acquisition, Construction, and Improvements” for necessary expenses related to the consequences of Hurricanes Harvey, Irma, Maria, and Matthew, $718,919,000, to remain available until September 30, 2022: Provided, That, not later than 60 days after enactment of this subdivision, the Secretary of Homeland Security, or her designee, shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds appropriated under this heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

Federal emergency management agency

OPERATIONS AND SUPPORT

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

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

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

DISASTER RELIEF FUND

For an additional amount for Disaster Relief Fund for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $23,500,000,000, to remain available until expended: Provided, That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 5 days after an award of a public assistance grant under section 406 or 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172 or 5189f) that is in excess of $1,000,000, the specifics of each such grant award: Provided further, That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster in excess of $1,000,000, not later than 5 days after the issuance of such mission assignment or mission assignment task order, the Administrator shall publish on the Agency’s website the following: the name of the impacted State, the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated: Provided further, That not later than 10 days after the last day of each month until a mission assignment or mission assignment task order described in the preceding proviso is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated: Provided further, That for a disaster declaration related to Hurricanes Harvey, Irma, or Maria, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this subdivision, and shall publish on the Agency’s website, not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources): Provided, further, That not later than 10 days after the first day of each month, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by Public Law 114–4: Provided further, That of the amounts provided under this heading for the Disaster Relief Fund, up to $150,000,000 shall be transferred to the Disaster Assistance Direct Loan Program Account for the cost to lend a territory or possession of the United States that portion of assistance for which the territory or possession is responsible under the cost-sharing provisions of the major disaster declaration for Hurricanes Irma or Maria, as authorized under section 319 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162): Provided further, That of the amount provided under this paragraph for transfer, up to $1,000,000 may be transferred to the Disaster Assistance Direct Loan Program Account for administrative expenses to carry out the Advance of Non-Federal Share program, as authorized by section 319 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162): Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

Federal law enforcement training centers

OPERATIONS AND SUPPORT

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

PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS

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

GENERAL PROVISIONS—THIS TITLE

20601.

The Administrator of the Federal Emergency Management Agency may provide assistance, pursuant to section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), for critical services as defined in section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act for the duration of the recovery for incidents DR–4336–PR, DR–4339–PR, DR–4340–USVI, and DR–4335–USVI to—

(1)

replace or restore the function of a facility or system to industry standards without regard to the pre-disaster condition of the facility or system; and

(2)

replace or restore components of the facility or system not damaged by the disaster where necessary to fully effectuate the replacement or restoration of disaster-damaged components to restore the function of the facility or system to industry standards.

20602.

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

20603.

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

20604.
(a)

Definition of Private Nonprofit Facility

Section 102(11)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(11)(B)) is amended to read as follows:

(A)

In general

The term private nonprofit facility means private nonprofit educational (without regard to the religious character of the facility), utility, irrigation, emergency, medical, rehabilitational, and temporary or permanent custodial care facilities (including those for the aged and disabled) and facilities on Indian reservations, as defined by the President.

(B)

Additional facilities

In addition to the facilities described in subparagraph (A), the term private nonprofit facility includes any private nonprofit facility that provides essential social services to the general public (including museums, zoos, performing arts facilities, community arts centers, community centers, libraries, homeless shelters, senior citizen centers, rehabilitation facilities, shelter workshops, broadcasting facilities, houses of worship, and facilities that provide health and safety services of a governmental nature), as defined by the President. No house of worship may be excluded from this definition because leadership or membership in the organization operating the house of worship is limited to persons who share a religious faith or practice.

.

(b)

Repair, restoration, and replacement of damaged facilities

Section 406(a)(3) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(a)(3)) is amended by adding at the end the following:

(C)

Religious facilities

A church, synagogue, mosque, temple, or other house of worship, educational facility, or any other private nonprofit facility, shall be eligible for contributions under paragraph (1)(B), without regard to the religious character of the facility or the primary religious use of the facility. No house of worship, educational facility, or any other private nonprofit facility may be excluded from receiving contributions under paragraph (1)(B) because leadership or membership in the organization operating the house of worship is limited to persons who share a religious faith or practice.

.

(c)

Applicability

This section and the amendments made by this section shall apply—

(1)

to the provision of assistance in response to a major disaster or emergency declared on or after August 23, 2017; or

(2)

with respect to—

(A)

any application for assistance that, as of the date of enactment of this Act, is pending before Federal Emergency Management Agency; and

(B)

any application for assistance that has been denied, where a challenge to that denial is not yet finally resolved as of the date of enactment of this Act.

20605.
(a)

The Federal share of assistance, including direct Federal assistance, provided under section 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5173), with respect to a major disaster declared pursuant to such Act for damages resulting from a wildfire in calendar year 2017, shall be 90 percent of the eligible costs under such section.

(b)

The Federal share provided by subsection (a) shall apply to assistance provided before, on, or after the date of enactment of this Act.

FEDERAL COST-SHARE ADJUSTMENTS FOR REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES

20606.

Section 406(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(b)) is amended by inserting after paragraph (2) the following:

(3)

Increased Federal share

(A)

Incentive measures

The President may provide incentives to a State or Tribal government to invest in measures that increase readiness for, and resilience from, a major disaster by recognizing such investments through a sliding scale that increases the minimum Federal share to 85 percent. Such measures may include—

(i)

the adoption of a mitigation plan approved under section 322;

(ii)

investments in disaster relief, insurance, and emergency management programs;

(iii)

encouraging the adoption and enforcement of the latest published editions of relevant consensus-based codes, specifications, and standards that incorporate the latest hazard-resistant designs and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures and facilities that may be eligible for assistance under this Act for the purpose of protecting the health, safety, and general welfare of the buildings’ users against disasters;

(iv)

facilitating participation in the community rating system; and

(v)

funding mitigation projects or granting tax incentives for projects that reduce risk.

(B)

Comprehensive Guidance

Not later than 1 year after the date of enactment of this paragraph, the President, acting through the Administrator, shall issue comprehensive guidance to State and Tribal governments regarding the measures and investments, weighted appropriately based on actuarial assessments of eligible actions, that will be recognized for the purpose of increasing the Federal share under this section. Guidance shall ensure that the agency’s review of eligible measures and investments does not unduly delay determining the appropriate Federal cost share.

(C)

Report

One year after the issuance of the guidance required by subparagraph (B), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the analysis of the Federal cost shares paid under this section.

(D)

Savings Clause

Nothing in this paragraph prevents the President from increasing the Federal cost share above 85 percent.

.

20607.

Division F of the Consolidated Appropriations Act, 2017, is amended by inserting the following at the end of Title V:

545.
(a)

Premium pay authority

During calendar year 2017, any premium pay that is funded, either directly or through reimbursement, by the Federal Emergency Management Agency—Disaster Relief Fund shall be exempted from the aggregate of basic pay and premium pay calculated under section 5547(a) of title 5, United States Code, and any other provision of law limiting the aggregate amount of premium pay payable on a biweekly or calendar year basis.

(b)

Overtime Authority

During calendar year 2017, any overtime that is funded, either directly or through reimbursement, by the Federal Emergency Management Agency—Disaster Relief Fund shall be exempted from any annual limit on the amount of overtime payable in a calendar or fiscal year.

(c)

Applicability of aggregate limitation on pay

In determining whether an employee’s pay exceeds the applicable annual rate of basic pay payable under section 5307 of title 5, United States Code, the head of an Executive agency shall not include pay exempted under this section.

(d)

Limitation of pay authority

Pay exempted from otherwise applicable limits under subsection (a) shall not cause the aggregate pay earned for the calendar year in which the exempted pay is earned to exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code.

(e)

Effective date

This section shall take effect as if enacted on December 31, 2016.

.

VII

DEPARTMENT OF THE INTERIOR

United States Fish and Wildlife Service

CONSTRUCTION

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

National Park Service

Historic Preservation Fund

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

CONSTRUCTION

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

United States Geological Survey

SURVEYS, INVESTIGATIONS, AND RESEARCH

For an additional amount for Surveys, Investigations, and Research for necessary expenses related to the consequences of Hurricanes Harvey, Irma, and Maria, and in those areas impacted by a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) with respect to wildfires in 2017, $42,246,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Departmental Offices

Insular Affairs

ASSISTANCE TO TERRITORIES

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

Office of Inspector General

SALARIES AND EXPENSES

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

Environmental Protection Agency

HAZARDOUS SUBSTANCE SUPERFUND

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

LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM

For an additional amount for Leaking Underground Storage Tank Fund for necessary expenses related to the consequences of Hurricanes Harvey, Irma, and Maria, $7,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

STATE AND TRIBAL ASSISTANCE GRANTS

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

Administrative Provision—Environmental Protection Agency

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

RELATED AGENCIES

DEPARTMENT OF AGRICULTURE

Forest Service

STATE AND PRIVATE FORESTRY

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

NATIONAL FOREST SYSTEM

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

CAPITAL IMPROVEMENT AND MAINTENANCE

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

GENERAL PROVISION—THIS TITLE

20701.

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

VIII

DEPARTMENT OF LABOR

Employment and Training Administration

TRAINING AND EMPLOYMENT SERVICES

(INCLUDING TRANSFERS OF FUNDS)

For an additional amount for Training and Employment Services, $100,000,000, for the dislocated workers assistance national reserve for necessary expenses directly related to the consequences of Hurricanes Harvey, Maria, and Irma and those jurisdictions that received a major disaster declaration pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) due to wildfires in 2017, which shall be available from the date of enactment of this subdivision through September 30, 2019: Provided, That the Secretary of Labor may transfer up to $2,500,000 of such funds to any other Department of Labor account for reconstruction and recovery needs, including worker protection activities: Provided further, That these sums may be used to replace grant funds previously obligated to the impacted areas: Provided further, That of the amount provided, up to $500,000, to remain available until expended, shall be transferred to Office of Inspector Generalfor oversight of activities responding to such hurricanes and wildfires: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

JOB CORPS

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

General Provisions—Department of Labor

DEFERRAL OF INTEREST PAYMENTS FOR VIRGIN ISLANDS

20801.

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

FLEXIBILITY IN USE OF FUNDS UNDER WIOA

20802.
(a)

In General

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

(1)

adult employment and training activities;

(2)

dislocated worker employment and training activities; and

(3)

youth workforce investment activities.

(b)

The Virgin Islands

Except for the funds reserved to carry out required statewide activities under sections 127(b) and 134(a)(2) of the Workforce Innovation and Opportunity Act, the Governor of the Virgin Islands may authorize the transfer of up to 100 percent of the remaining funds provided to the Virgin Islands for Program Years 2016 and 2017 for Youth Workforce Investment activities under section 127(b)(1)(B) of such Act, for Adult employment and training activities under section 132(b)(1)(A) of such Act, or for Dislocated Worker employment and training activities under section 133(b)(2)(A) of such Act among—

(1)

adult employment and training activities;

(2)

dislocated worker employment and training activities; and

(3)

youth workforce investment activities.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

(INCLUDING TRANSFER OF FUNDS)

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

National Institutes of Health

OFFICE OF THE DIRECTOR

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

Administration for Children and Families

CHILDREN AND FAMILIES SERVICES PROGRAMS

For an additional amount for Children and Families Services Programs, $650,000,000, to remain available until September 30, 2021, for Head Start programs, for necessary expenses directly related to the consequences of Hurricanes Harvey, Irma, and Maria, including making payments under the Head Start Act: Provided, That none of the funds appropriated in this paragraph shall be included in the calculation of the base grant in subsequent fiscal years, as such term is defined in sections 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head Start Act: Provided further, That funds appropriated in this paragraph are not subject to the allocation requirements of section 640(a) of the Head Start Act: Provided further, That funds appropriated in this paragraph shall not be available for costs that are reimbursed by the Federal Emergency Management Agency, under a contract for insurance, or by self-insurance: Provided further, That up to $12,500,000 shall be available for Federal administrative expenses: Provided further, That obligations incurred for the purposes provided herein prior to the date of enactment of this subdivision may be charged to funds appropriated under this heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Office of the Secretary

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING TRANSFERS OF FUNDS)

For an additional amount for the Public Health and Social Services Emergency Fund, $162,000,000, to remain available until September 30, 2020, for response, recovery, preparation, mitigation and other expenses directly related to the consequences of Hurricanes Harvey, Irma, and Maria, including activities authorized under section 319(a) of the Public Health Service Act (referred to in this subdivision as the PHS Act): Provided, That of the amount provided, $60,000,000 shall be transferred to Health Resources and Services Administration—Primary Health Care, for expenses related to the consequences of Hurricanes Harvey, Irma, and Maria for disaster response and recovery, for the Health Centers Program under section 330 of the PHS Act: Provided further, That not less than $50,000,000, of amounts transferred under the preceding proviso, shall be available for alteration, renovation, construction, equipment, and other capital improvement costs as necessary to meet the needs of areas affected by Hurricanes Harvey, Irma, and Maria: Provided further, That the time limitation in section 330(e)(3) of the PHS Act shall not apply to funds made available under the preceding proviso: Provided further, That of the amount provided, not less than $20,000,000 shall be transferred to Substance Abuse and Mental Health Services Administration—Health Surveillance and Program Support for grants, contracts, and cooperative agreements for behavioral health treatment, crisis counseling, and other related helplines, and for other similar programs to provide support to individuals impacted by Hurricanes Harvey, Irma, and Maria: Provided further, That of the amount provided, up to $2,000,000, to remain available until expended, shall be transferred to Office of the Secretary—Office of Inspector General for oversight of activities responding to such hurricanes: Provided further, That obligations incurred for the purposes provided herein prior to the date of enactment of this subdivision may be charged to funds appropriated under this heading: Provided further, That funds appropriated in this paragraph shall not be available for costs that are reimbursed by the Federal Emergency Management Agency, under a contract for insurance, or by self-insurance: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

General Provision—Department of Health and Human Services

DIRECT HIRE AUTHORITY FOR CERTAIN EMERGENCY RESPONSE POSITIONS

20803.
(a)

In General

As the Secretary of Health and Human Services determines necessary to respond to a critical hiring need for emergency response positions, after providing public notice and without regard to the provisions of sections 3309 through 3319 of title 5, United States Code, the Secretary may appoint candidates directly to the following positions, consistent with subsection (b), to perform critical work directly relating to the consequences of Hurricanes Harvey, Irma, and Maria:

(1)

Intermittent disaster-response personnel in the National Disaster Medical System, under section 2812 of the Public Health Service Act (42 U.S.C. 300hh–11).

(2)

Term or temporary related positions in the Centers for Disease Control and Prevention and the Office of the Assistant Secretary for Preparedness and Response.

(b)

Expiration

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

DEPARTMENT OF EDUCATION

Hurricane Education Recovery

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for Hurricane Education Recovery for necessary expenses related to the consequences of Hurricanes Harvey, Irma, and Maria, or wildfires in 2017 for which a major disaster or emergency has been declared under sections 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5190) (referred to under this heading as covered disaster or emergency), $2,700,000,000, to remain available through September 30, 2022, for assisting in meeting the educational needs of individuals affected by a covered disaster or emergency: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That—

(1)

such funds shall be used—

(A)

to make awards to eligible entities for immediate aid to restart school operations, in accordance with paragraph (2);

(B)

for temporary emergency impact aid for displaced students, in accordance with paragraph (2);

(C)

for emergency assistance to institutions of higher education and students attending institutions of higher education in an area directly affected by a covered disaster or emergency in accordance with paragraph (3);

(D)

for payments to institutions of higher education to help defray the unexpected expenses associated with enrolling displaced students from institutions of higher education directly affected by a covered disaster or emergency, in accordance with paragraph (4); and

(E)

to provide assistance to local educational agencies serving homeless children and youth in accordance with paragraph (5);

(2)

immediate aid to restart school operations and temporary emergency impact aid for displaced students described in subparagraphs (A) and (B) of paragraph (1) shall be provided under the statutory terms and conditions that applied to assistance under sections 102 and 107 of title IV of division B of Public Law 109–148, respectively, except that such sections shall be applied so that—

(A)

each reference to a major disaster declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) shall be to a major disaster or emergency declared by the President in accordance with section 401 or 501, respectively, of such Act;

(B)

each reference to Hurricane Katrina or Hurricane Rita shall be a reference to a covered disaster or emergency;

(C)

each reference to August 22, 2005 shall be to the date that is one week prior to the date that the major disaster or emergency was declared for the area;

(D)

each reference to the States of Louisiana, Mississippi, Alabama, and Texas shall be to the States or territories affected by a covered disaster or emergency, and each reference to the State educational agencies of Louisiana, Mississippi, Alabama, or Texas shall be a reference to the State educational agencies that serve the states or territories affected by a covered disaster or emergency;

(E)

each reference to the 2005–2006 school year shall be to the 2017–2018 school year;

(F)

the references in section 102(h)(1) of title IV of division B of Public Law 109–148 to the number of non-public and public elementary schools and secondary schools in the State shall be to the number of students in non-public and public elementary schools and secondary schools in the State, and the reference in such section to the National Center for Data Statistics Common Core of Data for the 2003–2004 school year shall be to the most recent and appropriate data set for the 2016–2017 school year;

(G)

in determining the amount of immediate aid provided to restart school operations as described in section 102(b) of title IV of division B of Public Law 109–148, the Secretary shall consider the number of students enrolled, during the 2016–2017 school year, in elementary schools and secondary schools that were closed as a result of a covered disaster or emergency;

(H)

in determining the amount of emergency impact aid that a State educational agency is eligible to receive under paragraph (1)(B), the Secretary shall, subject to section 107(d)(1)(B) of such title, provide—

(i)

$9,000 for each displaced student who is an English learner, as that term is defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801);

(ii)

$10,000 for each displaced student who is a child with a disability (regardless of whether the child is an English learner); and

(iii)

$8,500 for each displaced student who is not a child with a disability or an English learner;

(I)

with respect to the emergency impact aid provided under paragraph (1)(B), the Secretary may modify the State educational agency and local educational agency application timelines in section 107(c) of such title; and

(J)

each reference to a public elementary school may include, as determined by the local educational agency, a publicly-funded preschool program that enrolls children below the age of kindergarten entry and is part of an elementary school;

(3)

$100,000,000 of the funds made available under this heading shall be for programs authorized under subpart 3 of Part A, part C of title IV and part B of title VII of the Higher Education Act of 1965 (20 U.S.C. 1087–51 et seq., 1138 et seq.) for institutions located in an area affected by a covered disaster or emergency, and students enrolled in such institutions, except that—

(A)

any requirements relating to matching, Federal share, reservation of funds, or maintenance of effort under such parts that would otherwise be applicable to that assistance shall not apply;

(B)

such assistance may be used for student financial assistance;

(C)

such assistance may also be used for faculty and staff salaries, equipment, student supplies and instruments, or any purpose authorized under the Higher Education Act of 1965, by institutions of higher education that are located in areas affected by a covered disaster or emergency; and

(D)

the Secretary shall prioritize, to the extent possible, students who are homeless or at risk of becoming homeless as a result of displacement, and institutions that have sustained extensive damage, by a covered disaster or emergency;

(4)

up to $75,000,000 of the funds made available under this heading shall be for payments to institutions of higher education to help defray the unexpected expenses associated with enrolling displaced students from institutions of higher education at which operations have been disrupted by a covered disaster or emergency, in accordance with criteria established by the Secretary and made publicly available;

(5)

$25,000,000 of the funds made available under this heading shall be available to provide assistance to local educational agencies serving homeless children and youths displaced by a covered disaster or emergency, consistent with section 723 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431–11435) and with section 106 of title IV of division B of Public Law 109–148, except that funds shall be disbursed based on demonstrated need and the number of homeless children and youth enrolled as a result of displacement by a covered disaster or emergency;

(6)

section 437 of the General Education Provisions Act (20 U.S.C. 1232) and section 553 of title 5, United States Code, shall not apply to activities under this heading;

(7)

$4,000,000 of the funds made available under this heading, to remain available until expended, shall be transferred to the Office of the Inspector General of the Department of Education for oversight of activities supported with funds appropriated under this heading, and up to $3,000,000 of the funds made available under this heading shall be for program administration;

(8)

up to $35,000,000 of the funds made available under this heading shall be to carry out activities authorized under section 4631(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7281(b)): Provided, That obligations incurred for the purposes provided herein prior to the date of enactment of this subdivision may be charged to funds appropriated under this paragraph;

(9)

the Secretary may waive, modify, or provide extensions for certain requirements of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) for affected individuals, affected students, and affected institutions in covered disaster or emergency areas in the same manner as the Secretary was authorized to waive, modify, or provide extensions for certain requirements of such Act under provisions of subtitle B of title IV of division B of Public Law 109–148 for affected individuals, affected students, and affected institutions in areas affected by Hurricane Katrina and Hurricane Rita, except that the cost associated with any action taken by the Secretary under this paragraph is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985; and

(10)

if any provision under this heading or application of such provision to any person or circumstance is held to be unconstitutional, the remainder of the provisions under this heading and the application of such provisions to any person or circumstance shall not be affected thereby.

General Provision—Department of Education

20804.
(a)

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

(b)

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

GENERAL PROVISIONS—THIS TITLE

(INCLUDING TRANSFER OF FUNDS)

20805.

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

20806.

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

20807.

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

IX

LEGISLATIVE BRANCH

GOVERNMENT ACCOUNTABILITY OFFICE

Salaries and Expenses

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

X

DEPARTMENT OF DEFENSE

Military Construction, Navy and Marine Corps

For an additional amount for Military Construction, Navy and Marine Corps, $201,636,000, to remain available until September 30, 2022, for necessary expenses related to the consequences of Hurricanes Harvey, Irma, and Maria: Provided, That none of the funds made available to the Navy and Marine Corps for recovery efforts related to Hurricanes Harvey, Irma, and Maria in this subdivision shall be available for obligation until the Committees on Appropriations of the House of Representatives and the Senate receive form 1391 for each specific request: Provided further, That, not later than 60 days after enactment of this subdivision, the Secretary of the Navy, or his designee, shall submit to the Committees on Appropriations of House of Representatives and the Senate a detailed expenditure plan for funds provided under this heading: Provided further, That such funds may be obligated or expended for planning and design and military construction projects not otherwise authorized by law: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Military Construction, Army National Guard

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

DEPARTMENT OF VETERANS AFFAIRS

Veterans Health Administration

MEDICAL SERVICES

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

MEDICAL SUPPORT AND COMPLIANCE

For an additional amount for Medical Support and Compliance, $3,209,000, to remain available until September 30, 2019, for necessary expenses related to the consequences of Hurricanes Harvey, Irma, and Maria: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

MEDICAL FACILITIES

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

Departmental Administration

CONSTRUCTION, MINOR PROJECTS

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

GENERAL PROVISION—THIS TITLE

21001.

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

XI

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

OPERATIONS

(AIRPORT AND AIRWAY TRUST FUND)

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

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

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

Federal Highway Administration

FEDERAL-AID HIGHWAYS

EMERGENCY RELIEF PROGRAM

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

Federal Transit Administration

PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM

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

Maritime Administration

OPERATIONS AND TRAINING

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

General Provision—Department of Transportation

21101.

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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Community Planning and Development

COMMUNITY DEVELOPMENT FUND

(INCLUDING TRANSFERS OF FUNDS)

For an additional amount for Community Development Fund, $28,000,000,000, to remain available until expended, for necessary expenses for activities authorized under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster relief, long-term recovery, restoration of infrastructure and housing, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a major declared disaster that occurred in 2017 (except as otherwise provided under this heading) pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided, That funds shall be awarded directly to the State, unit of general local government, or Indian tribe (as such term is defined in section 102 of the Housing and Community Development Act of 1974) at the discretion of the Secretary: Provided further, That of the amounts made available under this heading, up to $16,000,000,000 shall be allocated to meet unmet needs for grantees that have received or will receive allocations under this heading for major declared disasters that occurred in 2017 or under the same heading of Division B of Public Law 115–56, except that, of the amounts made available under this proviso, no less than $11,000,000,000 shall be allocated to the States and units of local government affected by Hurricane Maria, and of such amounts allocated to such grantees affected by Hurricane Maria, $2,000,000,000 shall be used to provide enhanced or improved electrical power systems: Provided further, That to the extent amounts under the previous proviso are insufficient to meet all unmet needs, the allocation amounts related to infrastructure shall be reduced proportionally based on the total infrastructure needs of all grantees: Provided further, That of the amounts made available under this heading, no less than $12,000,000,000 shall be allocated for mitigation activities to all grantees of funding provided under this heading, section 420 of division L of Public Law 114–113, section 145 of division C of Public Law 114–223, section 192 of division C of Public Law 114–223 (as added by section 101(3) of division A of Public Law 114–254), section 421 of division K of Public Law 115–31, and the same heading in division B of Public Law 115–56, and that such mitigation activities shall be subject to the same terms and conditions under this subdivision, as determined by the Secretary: Provided further, That all such grantees shall receive an allocation of funds under the preceding proviso in the same proportion that the amount of funds each grantee received or will receive under the second proviso of this heading or the headings and sections specified in the previous proviso bears to the amount of all funds provided to all grantees specified in the previous proviso: Provided further, That of the amounts made available under the second and fourth provisos of this heading, the Secretary shall allocate to all such grantees an aggregate amount not less than 33 percent of each such amounts of funds provided under this heading within 60 days after the enactment of this subdivision based on the best available data (especially with respect to data for all such grantees affected by Hurricanes Harvey, Irma, and Maria), and shall allocate no less than 100 percent of the funds provided under this heading by no later than December 1, 2018: Provided further, That the Secretary shall not prohibit the use of funds made available under this heading and the same heading in division B of Public Law 115–56 for non-federal share as authorized by section 105(a)(9) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(9)): Provided further, That of the amounts made available under this heading, grantees may establish grant programs to assist small businesses for working capital purposes to aid in recovery: Provided further, That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds: Provided further, That with respect to any such duplication of benefits, the Secretary and any grantee under this section shall not take into consideration or reduce the amount provided to any applicant for assistance from the grantee where such applicant applied for and was approved, but declined assistance related to such major declared disasters that occurred in 2014, 2015, 2016, and 2017 from the Small Business Administration under section 7(b) of the Small Business Act (15 U.S.C. 636(b)): Provided further, That the Secretary shall require grantees to maintain on a public website information containing common reporting criteria established by the Department that permits individuals and entities awaiting assistance and the general public to see how all grant funds are used, including copies of all relevant procurement documents, grantee administrative contracts and details of ongoing procurement processes, as determined by the Secretary: Provided further, That prior to the obligation of funds a grantee shall submit a plan to the Secretary for approval detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery and restoration of infrastructure and housing, economic revitalization, and mitigation in the most impacted and distressed areas: Provided further, That such funds may not be used for activities reimbursable by, or for which funds are made available by, the Federal Emergency Management Agency or the Army Corps of Engineers: Provided further, That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306): Provided further, That a State, unit of general local government, or Indian tribe may use up to 5 percent of its allocation for administrative costs: Provided further, That the sixth proviso under this heading in the Supplemental Appropriations for Disaster Relief Requirements Act, 2017 (division B of Public Law 115–56) is amended by striking State or subdivision thereof and inserting State, unit of general local government, or Indian tribe (as such term is defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)): Provided further, That in administering the funds under this heading, the Secretary of Housing and Urban Development may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), if the Secretary finds that good cause exists for the waiver or alternative requirement and such waiver or alternative requirement would not be inconsistent with the overall purpose of title I of the Housing and Community Development Act of 1974: Provided further, That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, 408(c)(4), or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit: Provided further, That, notwithstanding section 104(g)(2) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(g)(2)), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided further, That the Secretary shall publish via notice in the Federal Register any waiver, or alternative requirement, to any statute or regulation that the Secretary administers pursuant to title I of the Housing and Community Development Act of 1974 no later than 5 days before the effective date of such waiver or alternative requirement: Provided further, That the eighth proviso under this heading in the Supplemental Appropriations for Disaster Relief Requirements Act, 2017 (division B of Public Law 115–56) is amended by inserting 408(c)(4), after 407,: Provided further, That of the amounts made available under this heading, up to $15,000,000 shall be made available for capacity building and technical assistance, including assistance on contracting and procurement processes, to support States, units of general local government, or Indian tribes (and their subrecipients) that receive allocations pursuant to this heading, received disaster recovery allocations under the same heading in Public Law 115–56, or may receive similar allocations for disaster recovery in future appropriations Acts: Provided further, That of the amounts made available under this heading, up to $10,000,000 shall be transferred, in aggregate, to Department of Housing and Urban Development—Program Office Salaries and Expenses—Community Planning and Development for necessary costs, including information technology costs, of administering and overseeing the obligation and expenditure of amounts under this heading: Provided further, That the amount specified in the preceding proviso shall be combined with funds appropriated under the same heading and for the same purpose in Public Law 115–56 and the aggregate of such amounts shall be available for any of the purposes specified under this heading or the same heading in Public Law 115–56 without limitation: Provided further, That, of the funds made available under this heading, $10,000,000 shall be transferred to the Office of the Inspector General for necessary costs of overseeing and auditing funds made available under this heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

General Provisions—Department of Housing and Urban Development

21102.

Any funds made available under the heading Community Development Fund under this subdivision that remain available, after the other funds under such heading have been allocated for necessary expenses for activities authorized under such heading, shall be used for additional mitigation activities in the most impacted and distressed areas resulting from a major declared disaster that occurred in 2014, 2015, 2016 or 2017: Provided, That such remaining funds shall be awarded to grantees of funding provided for disaster relief under the heading Community Development Fund in this subdivision, section 420 of division L of Public Law 114–113, section 145 of division C of Public Law 114–223, section 192 of division C of Public Law 114–223 (as added by section 101(3) of division A of Public Law 114–254), section 421 of division K of Public Law 115–31, and the same heading in division B of Public Law 115–56 subject to the same terms and conditions under this subdivision and such Acts respectively: Provided further, That each such grantee shall receive an allocation from such remaining funds in the same proportion that the amount of funds such grantee received under this subdivision and under the Acts specified in the previous proviso bears to the amount of all funds provided to all grantees specified in the previous proviso.

21103.

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

XII

GENERAL PROVISIONS—THIS SUBDIVISION

21201.

Each amount appropriated or made available by this subdivision is in addition to amounts otherwise appropriated for the fiscal year involved.

21202.

No part of any appropriation contained in this subdivision shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

21203.

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

21204.

Each amount designated in this subdivision by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded or transferred, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.

21205.

For purposes of this subdivision, the consequences or impacts of any hurricane shall include damages caused by the storm at any time during the entirety of its duration as a cyclone, as defined by the National Hurricane Center.

21206.

Any amount appropriated by this subdivision, designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 and subsequently so designated by the President, and transferred pursuant to transfer authorities provided by this subdivision shall retain such designation.

21207.

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

21208.
(a)

Section 305 of division A of the Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2017 (Public Law 115–72) is amended—

(1)

in subsection (a)—

(A)

by striking (1) Not later than December 31, 2017, and inserting Not later than March 31, 2018,; and

(B)

by striking paragraph (2); and

(2)

in subsection (b), by striking receiving funds under this division and inserting expending more than $10,000,000 of funds provided by this division and division B of Public Law 115–56 in any one fiscal year.

(b)

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

(c)

In order to proactively prepare for oversight of future disaster relief funding, not later than one year after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue standard guidance for Federal agencies to use in designing internal control plans for disaster relief funding. This guidance shall leverage existing internal control review processes and shall include, at a minimum, the following elements:

(1)

Robust criteria for identifying and documenting incremental risks and mitigating controls related to the funding.

(2)

Guidance for documenting the linkage between the incremental risks related to disaster funding and efforts to address known internal control risks.

21209.

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

21210.
(a)

Not later than 180 days after the date of enactment of this subdivision and in coordination with the Administrator of the Federal Emergency Management Agency, with support and contributions from the Secretary of the Treasury, the Secretary of Energy, and other Federal agencies having responsibilities defined under the National Disaster Recovery Framework, the Governor of the Commonwealth of Puerto Rico shall submit to Congress a report describing the Commonwealth’s 12- and 24-month economic and disaster recovery plan that—

(1)

defines the priorities, goals, and expected outcomes of the recovery effort for the Commonwealth, based on damage assessments prepared pursuant to Federal law, if applicable, including—

(A)

housing;

(B)

economic issues, including workforce development and industry expansion and cultivation;

(C)

health and social services;

(D)

natural and cultural resources;

(E)

governance and civic institutions;

(F)

electric power systems and grid restoration;

(G)

environmental issues, including solid waste facilities; and

(H)

other infrastructure systems, including repair, restoration, replacement, and improvement of public infrastructure such water and wastewater treatment facilities, communications networks, and transportation infrastructure;

(2)

is consistent with—

(A)

the Commonwealth’s fiscal capacity to provide long-term operation and maintenance of rebuilt or replaced assets;

(B)

alternative procedures and associated programmatic guidance adopted by the Administrator of the Federal Emergency Management Agency pursuant to section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189f); and

(C)

actions as may be necessary to mitigate vulnerabilities to future extreme weather events and natural disasters and increase community resilience, including encouraging the adoption and enforcement of the latest published editions of relevant consensus-based codes, specifications, and standards that incorporate the latest hazard-resistant designs and establish minimum acceptable criteria for the design, construction, and maintenance of residential structures and facilities for the purpose of protecting the health, safety, and general welfare of the buildings’ users against disasters;

(3)

promotes transparency and accountability through appropriate public notification, outreach, and hearings;

(4)

identifies performance metrics for assessing and reporting on the progress toward achieving the Commonwealth’s recovery goals, as identified under paragraph (1);

(5)

is developed in coordination with the Oversight Board established under PROMESA; and

(6)

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

(b)

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

(c)

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

(d)

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

(e)

Amounts made available by this subdivision to a covered territory for response to or recovery from Hurricane Irma or Hurricane Maria in an aggregate amount greater than $10,000,000 may be reviewed by the Oversight Board under the Oversight Board’s authority under 204(b)(2) of PROMESA (48 U.S.C. 2144(b)(2)).

(f)

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

(g)

For purposes of this section, the terms covered territory and Oversight Board have the meaning given those term in section 5 of PROMESA (48 U.S.C. 2104).

This subdivision may be cited as the Further Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2018.

2

Tax Relief and Medicaid Changes Relating to Certain Disasters

I

California Fires

20101.

Definitions

For purposes of this title—

(1)

California wildfire disaster zone

The term California wildfire disaster zone means that portion of the California wildfire disaster area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of wildfires in California.

(2)

California wildfire disaster area

The term California wildfire disaster area means an area with respect to which between January 1, 2017 through January 18, 2018 a major disaster has been declared by the President under section 401 of such Act by reason of wildfires in California.

20102.

Special disaster-related rules for use of retirement funds

(a)

Tax-Favored withdrawals from retirement plans

(1)

In general

Section 72(t) of the Internal Revenue Code of 1986 shall not apply to any qualified wildfire distribution.

(2)

Aggregate dollar limitation

(A)

In general

For purposes of this subsection, the aggregate amount of distributions received by an individual which may be treated as qualified wildfire distributions for any taxable year shall not exceed the excess (if any) of—

(i)

$100,000, over

(ii)

the aggregate amounts treated as qualified wildfire distributions received by such individual for all prior taxable years.

(B)

Treatment of plan distributions

If a distribution to an individual would (without regard to subparagraph (A)) be a qualified wildfire distribution, a plan shall not be treated as violating any requirement of the Internal Revenue Code of 1986 merely because the plan treats such distribution as a qualified wildfire distribution, unless the aggregate amount of such distributions from all plans maintained by the employer (and any member of any controlled group which includes the employer) to such individual exceeds $100,000.

(C)

Controlled group

For purposes of subparagraph (B), the term controlled group means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986.

(3)

Amount distributed may be repaid

(A)

In general

Any individual who receives a qualified wildfire distribution may, at any time during the 3-year period beginning on the day after the date on which such distribution was received, make one or more contributions in an aggregate amount not to exceed the amount of such distribution to an eligible retirement plan of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), of the Internal Revenue Code of 1986, as the case may be.

(B)

Treatment of repayments of distributions from eligible retirement plans other than IRAs

For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) with respect to a qualified wildfire distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified wildfire distribution in an eligible rollover distribution (as defined in section 402(c)(4) of such Code) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution.

(C)

Treatment of repayments for distributions from IRAs

For purposes of the Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) with respect to a qualified wildfire distribution from an individual retirement plan (as defined by section 7701(a)(37) of such Code), then, to the extent of the amount of the contribution, the qualified wildfire distribution shall be treated as a distribution described in section 408(d)(3) of such Code and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution.

(4)

Definitions

For purposes of this subsection—

(A)

Qualified wildfire distribution

Except as provided in paragraph (2), the term qualified wildfire distribution means any distribution from an eligible retirement plan made on or after October 8, 2017, and before January 1, 2019, to an individual whose principal place of abode during any portion of the period from October 8, 2017, to December 31, 2017, is located in the California wildfire disaster area and who has sustained an economic loss by reason of the wildfires to which the declaration of such area relates.

(B)

Eligible retirement plan

The term eligible retirement plan shall have the meaning given such term by section 402(c)(8)(B) of the Internal Revenue Code of 1986.

(5)

Income inclusion spread over 3-year period

(A)

In general

In the case of any qualified wildfire distribution, unless the taxpayer elects not to have this paragraph apply for any taxable year, any amount required to be included in gross income for such taxable year shall be so included ratably over the 3-taxable-year period beginning with such taxable year.

(B)

Special rule

For purposes of subparagraph (A), rules similar to the rules of subparagraph (E) of section 408A(d)(3) of the Internal Revenue Code of 1986 shall apply.

(6)

Special rules

(A)

Exemption of distributions from trustee to trustee transfer and withholding rules

For purposes of sections 401(a)(31), 402(f), and 3405 of the Internal Revenue Code of 1986, qualified wildfire distributions shall not be treated as eligible rollover distributions.

(B)

Qualified wildfire distributions treated as meeting plan distribution requirements

For purposes the Internal Revenue Code of 1986, a qualified wildfire distribution shall be treated as meeting the requirements of sections 401(k)(2)(B)(i), 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) of such Code.

(b)

Recontributions of withdrawals for home purchases

(1)

Recontributions

(A)

In general

Any individual who received a qualified distribution may, during the period beginning on October 8, 2017, and ending on June 30, 2018, make one or more contributions in an aggregate amount not to exceed the amount of such qualified distribution to an eligible retirement plan (as defined in section 402(c)(8)(B) of the Internal Revenue Code of 1986) of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3), of such Code, as the case may be.

(B)

Treatment of repayments

Rules similar to the rules of subparagraphs (B) and (C) of subsection (a)(3) shall apply for purposes of this subsection.

(2)

Qualified distribution

For purposes of this subsection, the term qualified distribution means any distribution—

(A)

described in section 401(k)(2)(B)(i)(IV), 403(b)(7)(A)(ii) (but only to the extent such distribution relates to financial hardship), 403(b)(11)(B), or 72(t)(2)(F), of the Internal Revenue Code of 1986,

(B)

received after March 31, 2017, and before January 15, 2018, and

(C)

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

(c)

Loans from qualified plans

(1)

Increase in limit on loans not treated as distributions

In the case of any loan from a qualified employer plan (as defined under section 72(p)(4) of the Internal Revenue Code of 1986) to a qualified individual made during the period beginning on the date of the enactment of this Act and ending on December 31, 2018—

(A)

clause (i) of section 72(p)(2)(A) of such Code shall be applied by substituting $100,000 for $50,000, and

(B)

clause (ii) of such section shall be applied by substituting the present value of the nonforfeitable accrued benefit of the employee under the plan for one-half of the present value of the nonforfeitable accrued benefit of the employee under the plan.

(2)

Delay of repayment

In the case of a qualified individual with an outstanding loan on or after October 8, 2017, from a qualified employer plan (as defined in section 72(p)(4) of the Internal Revenue Code of 1986)—

(A)

if the due date pursuant to subparagraph (B) or (C) of section 72(p)(2) of such Code for any repayment with respect to such loan occurs during the period beginning on October 8, 2017, and ending on December 31, 2018, such due date shall be delayed for 1 year,

(B)

any subsequent repayments with respect to any such loan shall be appropriately adjusted to reflect the delay in the due date under paragraph (1) and any interest accruing during such delay, and

(C)

in determining the 5-year period and the term of a loan under subparagraph (B) or (C) of section 72(p)(2) of such Code, the period described in subparagraph (A) shall be disregarded.

(3)

Qualified individual

For purposes of this subsection, the term qualified individual means any individual whose principal place of abode during any portion of the period from October 8, 2017, to December 31, 2017, is located in the California wildfire disaster area and who has sustained an economic loss by reason of wildfires to which the declaration of such area relates.

(d)

Provisions relating to plan amendments

(1)

In general

If this subsection applies to any amendment to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in paragraph (2)(B)(i).

(2)

Amendments to which subsection applies

(A)

In general

This subsection shall apply to any amendment to any plan or annuity contract which is made—

(i)

pursuant to any provision of this section, or pursuant to any regulation issued by the Secretary or the Secretary of Labor under any provision of this section, and

(ii)

on or before the last day of the first plan year beginning on or after January 1, 2019, or such later date as the Secretary may prescribe.

In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), clause (ii) shall be applied by substituting the date which is 2 years after the date otherwise applied under clause (ii).
(B)

Conditions

This subsection shall not apply to any amendment unless—

(i)

during the period—

(I)

beginning on the date that this section or the regulation described in subparagraph (A)(i) takes effect (or in the case of a plan or contract amendment not required by this section or such regulation, the effective date specified by the plan), and

(II)

ending on the date described in subparagraph (A)(ii) (or, if earlier, the date the plan or contract amendment is adopted),

the plan or contract is operated as if such plan or contract amendment were in effect, and
(ii)

such plan or contract amendment applies retroactively for such period.

20103.

Employee retention credit for employers affected by California wildfires

(a)

In general

For purposes of section 38 of the Internal Revenue Code of 1986, in the case of an eligible employer, the California wildfire employee retention credit shall be treated as a credit listed in subsection (b) of such section. For purposes of this subsection, the California wildfire employee retention credit for any taxable year is an amount equal to 40 percent of the qualified wages with respect to each eligible employee of such employer for such taxable year. For purposes of the preceding sentence, the amount of qualified wages which may be taken into account with respect to any individual shall not exceed $6,000.

(b)

Definitions

For purposes of this section—

(1)

Eligible employer

The term eligible employer means any employer—

(A)

which conducted an active trade or business on October 8, 2017, in the California wildfire disaster zone, and

(B)

with respect to whom the trade or business described in subparagraph (A) is inoperable on any day after October 8, 2017, and before January 1, 2018, as a result of damage sustained by reason of the wildfires to which such declaration of such area relates.

(2)

Eligible employee

The term eligible employee means with respect to an eligible employer an employee whose principal place of employment on October 8, 2017, with such eligible employer was in the California wildfire disaster zone.

(3)

Qualified wages

The term qualified wages means wages (as defined in section 51(c)(1) of the Internal Revenue Code of 1986, but without regard to section 3306(b)(2)(B) of such Code) paid or incurred by an eligible employer with respect to an eligible employee on any day after October 8, 2017, and before January 1, 2018, which occurs during the period—

(A)

beginning on the date on which the trade or business described in paragraph (1) first became inoperable at the principal place of employment of the employee immediately before the wildfires to which the declaration of the California wildfire disaster area relates, and

(B)

ending on the date on which such trade or business has resumed significant operations at such principal place of employment.

Such term shall include wages paid without regard to whether the employee performs no services, performs services at a different place of employment than such principal place of employment, or performs services at such principal place of employment before significant operations have resumed.
(c)

Certain rules To apply

For purposes of this section, rules similar to the rules of sections 51(i)(1), 52, and 280C(a) of the Internal Revenue Code of 1986, shall apply.

(d)

Employee not taken into account more than once

An employee shall not be treated as an eligible employee for purposes of this section for any period with respect to any employer if such employer is allowed a credit under section 51 of the Internal Revenue Code of 1986 with respect to such employee for such period.

20104.

Additional disaster-related tax relief provisions

(a)

Temporary suspension of limitations on charitable contributions

(1)

In general

Except as otherwise provided in paragraph (2), subsection (b) of section 170 of the Internal Revenue Code of 1986 shall not apply to qualified contributions and such contributions shall not be taken into account for purposes of applying subsections (b) and (d) of such section to other contributions.

(2)

Treatment of excess contributions

For purposes of section 170 of the Internal Revenue Code of 1986—

(A)

Individuals

In the case of an individual—

(i)

Limitation

Any qualified contribution shall be allowed only to the extent that the aggregate of such contributions does not exceed the excess of the taxpayer’s contribution base (as defined in subparagraph (H) of section 170(b)(1) of such Code) over the amount of all other charitable contributions allowed under section 170(b)(1) of such Code.

(ii)

Carryover

If the aggregate amount of qualified contributions made in the contribution year (within the meaning of section 170(d)(1) of such Code) exceeds the limitation of clause (i), such excess shall be added to the excess described in the portion of subparagraph (A) of such section which precedes clause (i) thereof for purposes of applying such section.

(B)

Corporations

In the case of a corporation—

(i)

Limitation

Any qualified contribution shall be allowed only to the extent that the aggregate of such contributions does not exceed the excess of the taxpayer’s taxable income (as determined under paragraph (2) of section 170(b) of such Code) over the amount of all other charitable contributions allowed under such paragraph.

(ii)

Carryover

Rules similar to the rules of subparagraph (A)(ii) shall apply for purposes of this subparagraph.

(3)

Exception to overall limitation on itemized deductions

So much of any deduction allowed under section 170 of the Internal Revenue Code of 1986 as does not exceed the qualified contributions paid during the taxable year shall not be treated as an itemized deduction for purposes of section 68 of such Code.

(4)

Qualified contributions

(A)

In general

For purposes of this subsection, the term qualified contribution means any charitable contribution (as defined in section 170(c) of the Internal Revenue Code of 1986) if—

(i)

such contribution—

(I)

is paid during the period beginning on October 8, 2017, and ending on December 31, 2018, in cash to an organization described in section 170(b)(1)(A) of such Code, and

(II)

is made for relief efforts in the California wildfire disaster area,

(ii)

the taxpayer obtains from such organization contemporaneous written acknowledgment (within the meaning of section 170(f)(8) of such Code) that such contribution was used (or is to be used) for relief efforts described in clause (i)(II), and

(iii)

the taxpayer has elected the application of this subsection with respect to such contribution.

(B)

Exception

Such term shall not include a contribution by a donor if the contribution is—

(i)

to an organization described in section 509(a)(3) of the Internal Revenue Code of 1986, or

(ii)

for the establishment of a new, or maintenance of an existing, donor advised fund (as defined in section 4966(d)(2) of such Code).

(C)

Application of election to partnerships and S corporations

In the case of a partnership or S corporation, the election under subparagraph (A)(iii) shall be made separately by each partner or shareholder.

(b)

Special rules for qualified disaster-Related personal casualty losses

(1)

In general

If an individual has a net disaster loss for any taxable year—

(A)

the amount determined under section 165(h)(2)(A)(ii) of the Internal Revenue Code of 1986 shall be equal to the sum of—

(i)

such net disaster loss, and

(ii)

so much of the excess referred to in the matter preceding clause (i) of section 165(h)(2)(A) of such Code (reduced by the amount in clause (i) of this subparagraph) as exceeds 10 percent of the adjusted gross income of the individual,

(B)

section 165(h)(1) of such Code shall be applied by substituting $500 for $500 ($100 for taxable years beginning after December 31, 2009),

(C)

the standard deduction determined under section 63(c) of such Code shall be increased by the net disaster loss, and

(D)

section 56(b)(1)(E) of such Code shall not apply to so much of the standard deduction as is attributable to the increase under subparagraph (C) of this paragraph.

(2)

Net disaster loss

For purposes of this subsection, the term net disaster loss means the excess of qualified disaster-related personal casualty losses over personal casualty gains (as defined in section 165(h)(3)(A) of the Internal Revenue Code of 1986).

(3)

Qualified disaster-related personal casualty losses

For purposes of this subsection, the term qualified disaster-related personal casualty losses means losses described in section 165(c)(3) of the Internal Revenue Code of 1986 which arise in the California wildfire disaster area on or after October 8, 2017, and which are attributable to the wildfires to which the declaration of such area relates.

(c)

Special rule for determining earned income

(1)

In general

In the case of a qualified individual, if the earned income of the taxpayer for the taxable year which includes any portion of the period from October 8, 2017, to December 31, 2017, is less than the earned income of the taxpayer for the preceding taxable year, the credits allowed under sections 24(d) and 32 of the Internal Revenue Code of 1986 may, at the election of the taxpayer, be determined by substituting—

(A)

such earned income for the preceding taxable year, for

(B)

such earned income for the taxable year which includes any portion of the period from October 8, 2017, to December 31, 2017.

(2)

Qualified individual

For purposes of this subsection, the term qualified individual means any individual whose principal place of abode during any portion of the period from October 8, 2017, to December 31, 2017, was located—

(A)

in the California wildfire disaster zone, or

(B)

in the California wildfire disaster area (but outside the California wildfire disaster zone) and such individual was displaced from such principal place of abode by reason of the wildfires to which the declaration of such area relates.

(3)

Earned income

For purposes of this subsection, the term earned income has the meaning given such term under section 32(c) of the Internal Revenue Code of 1986.

(4)

Special rules

(A)

Application to joint returns

For purposes of paragraph (1), in the case of a joint return for a taxable year which includes any portion of the period from October 8, 2017, to December 31, 2017—

(i)

such paragraph shall apply if either spouse is a qualified individual, and

(ii)

the earned income of the taxpayer for the preceding taxable year shall be the sum of the earned income of each spouse for such preceding taxable year.

(B)

Uniform application of election

Any election made under paragraph (1) shall apply with respect to both sections 24(d) and 32, of the Internal Revenue Code of 1986.

(C)

Errors treated as mathematical error

For purposes of section 6213 of the Internal Revenue Code of 1986, an incorrect use on a return of earned income pursuant to paragraph (1) shall be treated as a mathematical or clerical error.

(D)

No effect on determination of gross income, etc

Except as otherwise provided in this subsection, the Internal Revenue Code of 1986 shall be applied without regard to any substitution under paragraph (1).

II

Tax Relief For Hurricanes Harvey, Irma, And Maria

20201.

Tax relief for hurricanes Harvey, Irma, and Maria

(a)

Modification of Hurricanes Harvey and Irma disaster areas

Subsections (a)(2) and (b)(2) of section 501 of the Disaster Tax Relief and Airport and Airway Extension Act of 2017 (Public Law 115–63; 131 Stat. 1173) are both amended by striking September 21, 2017 and inserting October 17, 2017.

(b)

Employee retention credit

Subsections (a)(3), (b)(3), and (c)(3) of section 503 of the Disaster Tax Relief and Airport and Airway Extension Act of 2017 (Public Law 115–63; 131 Stat. 1181) are each amended by striking sections 51(i)(1) and 52 and inserting sections 51(i)(1), 52, and 280C(a).

(c)

Effective date

The amendments made by this section shall take effect as if included in the provisions of title V of the Disaster Tax Relief and Airport and Airway Extension Act of 2017 to which such amendments relate.

III

Hurricane maria relief for puerto rico and the virgin islands medicaid programs

20301.

Hurricane maria relief for puerto rico and the virgin islands medicaid programs

(a)

Increased caps

Section 1108(g)(5) of the Social Security Act (42 U.S.C. 1308(g)(5)) is amended—

(1)

in subparagraph (A), by striking subparagraph (B) and inserting subparagraphs (B), (C), (D), and (E); and

(2)

by adding at the end the following new subparagraphs:

(C)

Subject to subparagraphs (D) and (E), for the period beginning January 1, 2018, and ending September 30, 2019—

(i)

the amount of the increase otherwise provided under subparagraphs (A) and (B) for Puerto Rico shall be further increased by $3,600,000,000; and

(ii)

the amount of the increase otherwise provided under subparagraph (A) for the Virgin Islands shall be further increased by $106,931,000.

(D)

For the period described in subparagraph (C), the amount of the increase otherwise provided under subparagraph (A)—

(i)

for Puerto Rico shall be further increased by $1,200,000,000 if the Secretary certifies that Puerto Rico has taken reasonable and appropriate steps during such period, in accordance with a timeline established by the Secretary, to—

(I)

implement methods, satisfactory to the Secretary, for the collection and reporting of reliable data to the Transformed Medicaid Statistical Information System (T–MSIS) (or a successor system); and

(II)

demonstrate progress in establishing a State medicaid fraud control unit described in section 1903(q); and

(ii)

for the Virgin Islands shall be further increased by $35,644,000 if the Secretary certifies that the Virgin Islands has taken reasonable and appropriate steps during such period, in accordance with a timeline established by the Secretary, to meet the conditions for certification specified in subclauses (I) and (II) of clause (i).

(E)

Notwithstanding any other provision of title XIX, during the period in which the additional funds provided under subparagraphs (C) and (D) are available for Puerto Rico and the Virgin Islands, respectively, with respect to payments from such additional funds for amounts expended by Puerto Rico and the Virgin Islands under such title, the Secretary shall increase the Federal medical assistance percentage or other rate that would otherwise apply to such payments to 100 percent.

.

(b)

Disregard of certain expenditures from spending cap

Section 1108(g)(4) of the Social Security Act (42 U.S.C. 1308(g)(4)) is amended—

(1)

by inserting for a calendar quarter of such fiscal year, after section 1903(a)(3); and

(2)

by striking of such fiscal year for a calendar quarter of such fiscal year, and inserting of such fiscal year, and with respect to fiscal years beginning with fiscal year 2018, if the Virgin Islands qualifies for a payment under section 1903(a)(6) for a calendar quarter (beginning on or after January 1, 2018) of such fiscal year,.

(c)

Report to congress

Not later than July 1, 2018, the Secretary of Health and Human Services shall submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate that—

(1)

describes the steps taken by Puerto Rico and the Virgin Islands to meet the conditions for certification specified in clauses (i) and (ii), respectively, of section 1108(g)(5)(D) of the Social Security Act (42 U.S.C. 1308(g)(5)(D)) (as amended by subsection (a) of this section); and

(2)

specifies timelines for each such territory to, as a condition of eligibility for any additional increases in the amounts determined for Puerto Rico or the Virgin Islands, respectively, under subsection (g) of section 1108 of such Act (42 U.S.C. 1308) for purposes of payments under title XIX of such Act for fiscal year 2019, complete—

(A)

implementation of methods, satisfactory to the Secretary, for the collection and reporting of reliable data to the Transformed Medicaid Statistical Information System (T–MSIS) (or a successor system); and

(B)

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

IV

Budgetary effects

20401.

Emergency designation

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

20402.

Designation in Senate

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

3

Further extension of continuing appropriations act, 2018

20101.

The Continuing Appropriations Act, 2018 (division D of Public Law 115–56) is further amended by—

(1)

striking the date specified in section 106(3) and inserting March 23, 2018; and

(2)

inserting after section 155 the following new sections:

156.

In addition to amounts provided by section 101, amounts are provided for Department of Commerce—Bureau of the Census—Periodic Census and Programs at a rate for operations of $182,000,000 for an additional amount for the 2020 Decennial Census Program; and such amounts may be apportioned up to the rate for operations necessary to maintain the schedule and deliver the required data according to statutory deadlines in the 2020 Decennial Census Program.

157.

Notwithstanding section 101, the matter preceding the first proviso and the first proviso under the heading Power Marketing Administrations—Operation and Maintenance, Southeastern Power Administration in division D of Public Law 115–31 shall be applied by substituting $6,379,000 for $1,000,000 each place it appears.

158.

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

159.

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

160.

Section 144 of the Continuing Appropriations Act, 2018 (division D of Public Law 115–56), as amended by the Further Additional Continuing Appropriations Act, 2018 (division A of Public Law 115–96), is amended by (1) striking $11,761,000 and inserting $22,247,000, and (2) striking $1,104,000 and inserting $1,987,000.

161.

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

162.

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

163.

Notwithstanding any other provision of law, funds made available by this Act for military construction, land acquisition, and family housing projects and activities may be obligated and expended to carry out planning and design and military construction projects authorized by law: Provided, That funds and authority provided by this section may be used notwithstanding sections 102 and 104: Provided further, That such funds may be used only for projects identified by the Department of the Air Force in its January 29, 2018, letter sent to the Committees on Appropriations of both Houses of Congress detailing urgently needed fiscal year 2018 construction requirements.

164.
(a)

Section 116(h)(3)(D) of title 49, United States Code, is amended—

(1)

in clause (i), by striking During the 2-year period beginning on the date of enactment of this section, the; inserting The; and inserting the following after the first sentence: Any such funds or limitation of obligations or portions thereof transferred to the Bureau may be transferred back to and merged with the original account.; and

(2)

in clause (ii) by striking During the 2-year period beginning on the date of enactment of this section, the; inserting The; and inserting the following after the first sentence: Any such funds or limitation of obligations or portions thereof transferred to the Bureau may be transferred back to and merged with the original account..

(b)

Section 503(l)(4) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 823(l)(4)) is amended—

(1)

in the heading by striking Safety and operations account and inserting National Surface Transportation and Innovative Finance Bureau account; and

(2)

in subparagraph (A) by striking Safety and Operations account of the Federal Railroad Administration and inserting National Surface Transportation and Innovative Finance Bureau account.

165.

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

.

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

C

Budgetary and other matters

30001.

Table of contents

The table of contents for this division is as follows:

DIVISION C—Budgetary and other matters

Sec. 30001. Table of contents.

TITLE I—Budget enforcement

Sec. 30101. Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985.

Sec. 30102. Balances on the PAYGO Scorecards.

Sec. 30103. Authority for fiscal year 2019 budget resolution in the Senate.

Sec. 30104. Authority for fiscal year 2019 budget resolution in the House of Representatives.

Sec. 30105. Exercise of rulemaking powers.

TITLE II—Offsets

Sec. 30201. Customs user fees.

Sec. 30202. Aviation security service fees.

Sec. 30203. Extension of certain immigration fees.

Sec. 30204. Strategic Petroleum Reserve drawdown.

Sec. 30205. Elimination of surplus funds of Federal reserve banks.

Sec. 30206. Reemployment services and eligibility assessments.

TITLE III—Temporary extension of public debt limit

Sec. 30301. Temporary extension of public debt limit.

TITLE IV—Joint select committees

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

Sec. 30421. Definitions.

Sec. 30422. Establishment of Joint Select Committee.

Sec. 30423. Funding.

Sec. 30424. Consideration of joint committee bill in the Senate.

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

Sec. 30441. Definitions.

Sec. 30442. Establishment of Joint Select Committee.

Sec. 30443. Funding.

Sec. 30444. Consideration of joint committee bill in the Senate.

I

Budget enforcement

30101.

Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985

(a)

Revised discretionary spending limits

Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) is amended by striking paragraphs (5) and (6) and inserting the following:

(5)

for fiscal year 2018—

(A)

for the revised security category, $629,000,000,000 in new budget authority; and

(B)

for the revised nonsecurity category $579,000,000,000 in new budget authority;

(6)

for fiscal year 2019—

(A)

for the revised security category, $647,000,000,000 in new budget authority; and

(B)

for the revised nonsecurity category, $597,000,000,000 in new budget authority;

.

(b)

Direct spending adjustments for fiscal years 2018 and 2019

Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a), is amended—

(1)

in paragraph (5)(B), in the matter preceding clause (i), by striking and (11) and inserting , (11), and (12); and

(2)

by adding at the end the following:

(12)

Implementing direct spending reductions for fiscal years 2018 and 2019

(A)

OMB shall make the calculations necessary to implement the direct spending reductions calculated pursuant to paragraphs (3) and (4) without regard to the amendment made to section 251(c) revising the discretionary spending limits for fiscal years 2018 and 2019 by the Bipartisan Budget Act of 2018.

(B)

Paragraph (5)(B) shall not be implemented for fiscal years 2018 and 2019.

.

(c)

Extension of direct spending reductions through fiscal year 2027

Section 251A(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is amended—

(1)

in subparagraph (B), in the matter preceding clause (i), by striking for fiscal year 2022, for fiscal year 2023, for fiscal year 2024, and for fiscal year 2025 and inserting for each of fiscal years 2022 through 2027; and

(2)

in subparagraph (C), in the matter preceding clause (i), by striking fiscal year 2025 and inserting fiscal year 2027.

30102.

Balances on the PAYGO Scorecards

Effective on the date of enactment of this Act, the balances on the PAYGO scorecards established pursuant to paragraphs (4) and (5) of section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)) shall be zero.

30103.

Authority for fiscal year 2019 budget resolution in the Senate

(a)

Fiscal year 2019

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

(b)

Committee allocations, aggregates, and levels

After April 15, 2018, but not later than May 15, 2018, the Chairman of the Committee on the Budget of the Senate shall file—

(1)

for the Committee on Appropriations, committee allocations for fiscal year 2019 consistent with discretionary spending limits set forth in section 251(c)(6) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended by this Act, for the purposes of enforcing section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633);

(2)

for all committees other than the Committee on Appropriations, committee allocations for fiscal years 2019, 2019 through 2023, and 2019 through 2028 consistent with the most recent baseline of the Congressional Budget Office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline is issued and ending on the date of submission of such statement, for the purposes of enforcing section 302 of the Congressional Budget Act of 1974 (2 U.S.C. 633);

(3)

aggregate spending levels for fiscal year 2019 in accordance with the allocations established under paragraphs (1) and (2), for the purpose of enforcing section 311 of the Congressional Budget Act of 1974 (2 U.S.C. 642);

(4)

aggregate revenue levels for fiscal years 2019, 2019 through 2023, and 2019 through 2028 consistent with the most recent baseline of the Congressional Budget Office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline is issued and ending on the date of submission of such statement, for the purpose of enforcing section 311 of the Congressional Budget Act of 1974 (2 U.S.C. 642); and

(5)

levels of Social Security revenues and outlays for fiscal years 2019, 2019 through 2023, and 2019 through 2028 consistent with the most recent baseline of the Congressional Budget Office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline is issued and ending on the date of submission of such statement, for the purpose of enforcing sections 302 and 311 of the Congressional Budget Act of 1974 (2 U.S.C. 633 and 642).

(c)

Additional matter

The filing referred to in subsection (b) may also include for fiscal year 2019 the deficit-neutral reserve funds contained in title III of H. Con. Res. 71 (115th Congress) updated by one fiscal year.

(d)

Expiration

This section shall expire if a concurrent resolution on the budget for fiscal year 2019 is agreed to by the Senate and the House of Representatives pursuant to section 301 of the Congressional Budget Act of 1974 (2 U.S.C. 632).

30104.

Authority for fiscal year 2019 budget resolution in the House of Representatives

(a)

Fiscal year 2019

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

(b)

Committee Allocations, Aggregates, and Levels

In the House of Representatives, the Chair of the Committee on the Budget shall submit a statement for publication in the Congressional Record after April 15, 2018, but not later than May 15, 2018, containing—

(1)

for the Committee on Appropriations, committee allocations for fiscal year 2019 for discretionary budget authority at the total level set forth in section 251(c)(6) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended by this Act, and the outlays flowing therefrom, and committee allocations for fiscal year 2019 for current law mandatory budget authority and outlays, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974;

(2)

for all committees other than the Committee on Appropriations, committee allocations for fiscal year 2019 and for the period of fiscal years 2019 through 2028 at the levels included in the most recent baseline of the Congressional Budget Office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline is issued and ending on the date of submission of such statement, for the purpose of enforcing section 302 of the Congressional Budget Act of 1974; and

(3)

aggregate spending levels for fiscal year 2019 and aggregate revenue levels for fiscal year 2019 and for the period of fiscal years 2019 through 2028, at the levels included in the most recent baseline of the Congressional Budget Office, as adjusted for the budgetary effects of any provision of law enacted during the period beginning on the date such baseline is issued and ending on the date of submission of such statement, for the purpose of enforcing section 311 of the Congressional Budget Act of 1974.

(c)

Additional Matter

The statement referred to in subsection (b) may also include for fiscal year 2019, the matter contained in the provisions referred to in subsection (f)(1).

(d)

Fiscal Year 2019 Allocation to the Committee on Appropriations

If the statement referred to in subsection (b) is not filed by May 15, 2018, then the matter referred to in subsection (b)(1) shall be submitted by the Chair of the Committee on the Budget for publication in the Congressional Record on the next day that the House of Representatives is in session.

(e)

Adjustments

The chair of the Committee on the Budget of the House of Representatives may adjust the levels included in the statement referred to in subsection (b) to reflect the budgetary effects of any legislation enacted during the 115th Congress that reduces the deficit or as otherwise necessary.

(f)

Application

Upon submission of the statement referred to in subsection (b)—

(1)

all references in sections 5101 through 5112, sections 5201 through 5205, section 5301, and section 5401 of House Concurrent Resolution 71 (115th Congress) to a fiscal year shall be considered for all purposes in the House to be references to the succeeding fiscal year; and

(2)

all references in the provisions referred to in paragraph (1) to allocations, aggregates, or other appropriate levels in this concurrent resolution, the most recently agreed to concurrent resolution on the budget, or this resolution shall be considered for all purposes in the House to be references to the allocations, aggregates, or other appropriate levels contained in the statement referred to in subsection (b), as adjusted.

(g)

Expiration

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

30105.

Exercise of rulemaking powers

Sections 30103 and 30104 are enacted by the Congress—

(1)

as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

(2)

with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.

II

Offsets

30201.

Customs user fees

(a)

In general

Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended—

(1)

in subparagraph (A), by striking January 14, 2026 and inserting February 24, 2027; and

(2)

in subparagraph (B)(i), by striking September 30, 2025 and inserting September 30, 2027.

(b)

Rate for merchandise processing fees

Section 503 of the United States–Korea Free Trade Agreement Implementation Act (Public Law 112–41; 19 U.S.C. 3805 note) is amended by striking January 14, 2026 and inserting February 24, 2027.

30202.

Aviation security service fees

Paragraph (4) of section 44940(i) of title 49, United States Code, is amended by adding at the end the following new subparagraphs:

(M)

$1,640,000,000 for fiscal year 2026.

(N)

$1,680,000,000 for fiscal year 2027.

.

30203.

Extension of certain immigration fees

(a)

Visa waiver program

Section 217(h)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1187(h)(3)(B)(iii)) is amended by striking September 30, 2020 and inserting September 30, 2027.

(b)

L–1 and H–1b visas

Section 411 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended by striking September 30, 2025 each place it appears and inserting September 30, 2027.

30204.

Strategic Petroleum Reserve drawdown

(a)

Drawdown and sale

(1)

In general

Notwithstanding section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), except as provided in subsection (b), the Secretary of Energy shall draw down and sell from the Strategic Petroleum Reserve—

(A)

30,000,000 barrels of crude oil during the period of fiscal years 2022 through 2025;

(B)

35,000,000 barrels of crude oil during fiscal year 2026; and

(C)

35,000,000 barrels of crude oil during fiscal year 2027.

(2)

Deposit of amounts received from sale

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

(b)

Emergency protection

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

(c)

Strategic petroleum drawdown conditions and limitations

(1)

Conditions

Section 161(h)(1) of the Energy Policy and Conservation Act (42 U.S.C. 6241(h)(1)) is amended in subparagraph (B) by striking shortage; and and all that follows through Secretary of in subparagraph (C) and inserting the following: “shortage;

(C)

the Secretary has found that action taken under this subsection will not impair the ability of the United States to carry out obligations of the United States under the international energy program; and

(D)

the Secretary of

.

(2)

Limitations

Section 161(h)(2) of the Energy Policy and Conservation Act (42 U.S.C. 6241(h)(2)) is amended by striking 450,000,000 each place it appears and inserting 350,000,000.

30205.

Elimination of surplus funds of Federal reserve banks

Section 7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by striking $10,000,000,000 and inserting $7,500,000,000.

30206.

Reemployment services and eligibility assessments

(a)

In general

Title III of the Social Security Act (42 U.S.C. 501 et seq.) is amended by adding at the end the following:

306.

Grants to States for reemployment services and eligibility assessments

(a)

In general

The Secretary of Labor (in this section referred to as the Secretary) shall award grants under this section for a fiscal year to eligible States to conduct a program of reemployment services and eligibility assessments for individuals referred to reemployment services as described in section 303(j) for weeks in such fiscal year for which such individuals receive unemployment compensation.

(b)

Purposes

The purposes of this section are to accomplish the following goals:

(1)

To improve employment outcomes of individuals that receive unemployment compensation and to reduce the average duration of receipt of such compensation through employment.

(2)

To strengthen program integrity and reduce improper payments of unemployment compensation by States through the detection and prevention of such payments to individuals who are not eligible for such compensation.

(3)

To promote alignment with the broader vision of the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) of increased program integration and service delivery for job seekers, including claimants for unemployment compensation.

(4)

To establish reemployment services and eligibility assessments as an entry point for individuals receiving unemployment compensation into other workforce system partner programs.

(c)

Evidence-based standards

(1)

In general

In carrying out a State program of reemployment services and eligibility assessments using grant funds awarded to the State under this section, a State shall use such funds only for interventions demonstrated to reduce the number of weeks for which program participants receive unemployment compensation by improving employment outcomes for program participants.

(2)

Expanding evidence-based interventions

In addition to the requirement imposed by paragraph (1), a State shall—

(A)

for fiscal years 2023 and 2024, use no less than 25 percent of the grant funds awarded to the State under this section for interventions with a high or moderate causal evidence rating that show a demonstrated capacity to improve employment and earnings outcomes for program participants;

(B)

for fiscal years 2025 and 2026, use no less than 40 percent of such grant funds for interventions described in subparagraph (A); and

(C)

for fiscal years beginning after fiscal year 2026, use no less than 50 percent of such grant funds for interventions described in subparagraph (A).

(d)

Evaluations

(1)

Required evaluations

Any intervention without a high or moderate causal evidence rating used by a State in carrying out a State program of reemployment services and eligibility assessments under this section shall be under evaluation at the time of use.

(2)

Funding limitation

A State shall use not more than 10 percent of grant funds awarded to the State under this section to conduct or cause to be conducted evaluations of interventions used in carrying out a program under this section (including evaluations conducted pursuant to paragraph (1)).

(e)

State plan

(1)

In general

As a condition of eligibility to receive a grant under this section for a fiscal year, a State shall submit to the Secretary, at such time and in such manner as the Secretary may require, a State plan that outlines how the State intends to conduct a program of reemployment services and eligibility assessments under this section, including—

(A)

assurances that, and a description of how, the program will provide—

(i)

proper notification to participating individuals of the program’s eligibility conditions, requirements, and benefits, including the issuance of warnings and simple, clear notifications to ensure that participating individuals are fully aware of the consequences of failing to adhere to such requirements, including policies related to non-attendance or non-fulfillment of work search requirements; and

(ii)

reasonable scheduling accommodations to maximize participation for eligible individuals;

(B)

assurances that, and a description of how, the program will conform with the purposes outlined in subsection (b) and satisfy the requirement to use evidence-based standards under subsection (c), including—

(i)

a description of the evidence-based interventions the State plans to use to speed reemployment;

(ii)

an explanation of how such interventions are appropriate to the population served; and

(iii)

if applicable, a description of the evaluation structure the State plans to use for interventions without at least a moderate or high causal evidence rating, which may include national evaluations conducted by the Department of Labor or by other entities; and

(C)

a description of any reemployment activities and evaluations conducted in the prior fiscal year, and any data collected on—

(i)

characteristics of program participants;

(ii)

the number of weeks for which program participants receive unemployment compensation; and

(iii)

employment and other outcomes for program participants consistent with State performance accountability measures provided by the State unemployment compensation program and in section 116(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)).

(2)

Approval

The Secretary shall approve any State plan, that is timely submitted to the Secretary, in such manner as the Secretary may require, that satisfies the conditions described in paragraph (1).

(3)

Disapproval and revision

If the Secretary determines that a State plan submitted pursuant to this subsection fails to satisfy the conditions described in paragraph (1), the Secretary shall—

(A)

disapprove such plan;

(B)

provide to the State, not later than 30 days after the date of receipt of the State plan, a written notice of such disapproval that includes a description of any portion of the plan that was not approved and the reason for the disapproval of each such portion; and

(C)

provide the State with an opportunity to correct any such failure and submit a revised State plan.

(f)

Allocation of funds

(1)

Base funding

(A)

In general

For each fiscal year after fiscal year 2020, the Secretary shall allocate a percentage equal to the base funding percentage for such fiscal year of the funds made available for grants under this section among the States awarded such a grant for such fiscal year using a formula prescribed by the Secretary based on the rate of insured unemployment (as defined in section 203(e)(1) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note)) in the State for a period to be determined by the Secretary. In developing such formula with respect to a State, the Secretary shall consider the importance of avoiding sharp reductions in grant funding to a State over time.

(B)

Base funding percentage

For purposes of subparagraph (A), the term base funding percentage means—

(i)

for fiscal years 2021 through 2026, 89 percent; and

(ii)

for fiscal years after 2026, 84 percent.

(2)

Reservation for outcome payments

(A)

In general

Of the amounts made available for grants under this section for each fiscal year after 2020, the Secretary shall reserve a percentage equal to the outcome reservation percentage for such fiscal year for outcome payments to increase the amount otherwise awarded to a State under paragraph (1). Such outcome payments shall be paid to States conducting reemployment services and eligibility assessments under this section that, during the previous fiscal year, met or exceeded the outcome goals provided in subsection (b)(1) related to reducing the average duration of receipt of unemployment compensation by improving employment outcomes.

(B)

Outcome reservation percentage

For purposes of subparagraph (A), the term outcome reservation percentage means—

(i)

for fiscal years 2021 through 2026, 10 percent; and

(ii)

for fiscal years after 2026, 15 percent.

(3)

Reservation for research and technical assistance

Of the amounts made available for grants under this section for each fiscal year after 2020, the Secretary may reserve not more than 1 percent to conduct research and provide technical assistance to States.

(4)

Consultation and public comment

Not later than September 30, 2019, the Secretary shall—

(A)

consult with the States and seek public comment in developing the allocation formula under paragraph (1) and the criteria for carrying out the reservations under paragraph (2); and

(B)

make publicly available the allocation formula and criteria developed pursuant to subclause (A).

(g)

Notification to Congress

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

(h)

Supplement not supplant

Funds made available to carry out this section shall be used to supplement the level of Federal, State, and local public funds that, in the absence of such availability, would be expended to provide reemployment services and eligibility assessments to individuals receiving unemployment compensation, and in no case to supplant such Federal, State, or local public funds.

(i)

Definitions

In this section:

(1)

Causal evidence rating

The terms high causal evidence rating and moderate causal evidence rating shall have the meaning given such terms by the Secretary of Labor.

(2)

Eligible State

The term eligible State means a State that has in effect a State plan approved by the Secretary in accordance with subsection (e).

(3)

Intervention

The term intervention means a service delivery strategy for the provision of State reemployment services and eligibility assessment activities under this section.

(4)

State

The term State has the meaning given the term in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

(5)

Unemployment compensation

The term unemployment compensation means regular compensation, extended compensation, and additional compensation (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note)).

.

(b)

Report

Not later than 3 years after the date of enactment of this Act, the Secretary of Labor shall submit to Congress a report to describe promising interventions used by States to provide reemployment assistance.

(c)

Adjustment to discretionary spending limits

Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended by adding at the end the following:

(E)

Reemployment services and eligibility assessments

(i)

In general

If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for grants to States under section 306 of the Social Security Act, then the adjustment for that fiscal year shall be the additional new budget authority provided in that Act for such grants for that fiscal year, but shall not exceed—

(I)

for fiscal year 2018, $0;

(II)

for fiscal year 2019, $33,000,000;

(III)

for fiscal year 2020, $58,000,000; and

(IV)

for fiscal year 2021, $83,000,000.

(ii)

Definition

As used in this subparagraph, the term additional new budget authority means the amount provided for a fiscal year, in excess of $117,000,000, in an appropriation Act and specified to pay for grants to States under section 306 of the Social Security Act.

.

(d)

Other budgetary adjustments

Section 314 of the Congressional Budget Act of 1974 (2 U.S.C. 645) is amended by adding at the end the following:

(g)

Adjustment for reemployment services and eligibility assessments

(1)

In general

(A)

Adjustments

If the Committee on Appropriations of either House reports an appropriation measure for any of fiscal years 2022 through 2027 that provides budget authority for grants under section 306 of the Social Security Act, or if a conference committee submits a conference report thereon, the chairman of the Committee on the Budget of the House of Representatives or the Senate shall make the adjustments referred to in subparagraph (B) to reflect the additional new budget authority provided for such grants in that measure or conference report and the outlays resulting therefrom, consistent with subparagraph (D).

(B)

Types of adjustments

The adjustments referred to in this subparagraph consist of adjustments to—

(i)

the discretionary spending limits for that fiscal year as set forth in the most recently adopted concurrent resolution on the budget;

(ii)

the allocations to the Committees on Appropriations of the Senate and the House of Representatives for that fiscal year under section 302(a); and

(iii)

the appropriate budget aggregates for that fiscal year in the most recently adopted concurrent resolution on the budget.

(C)

Enforcement

The adjusted discretionary spending limits, allocations, and aggregates under this paragraph shall be considered the appropriate limits, allocations, and aggregates for purposes of congressional enforcement of this Act and concurrent budget resolutions under this Act.

(D)

Limitation

No adjustment may be made under this subsection in excess of—

(i)

for fiscal year 2022, $133,000,000;

(ii)

for fiscal year 2023, $258,000,000;

(iii)

for fiscal year 2024, $433,000,000;

(iv)

for fiscal year 2025, $533,000,000;

(v)

for fiscal year 2026, $608,000,000; and

(vi)

for fiscal year 2027, $633,000,000.

(E)

Definition

As used in this subsection, the term additional new budget authority means the amount provided for a fiscal year, in excess of $117,000,000, in an appropriation measure or conference report (as the case may be) and specified to pay for grants to States under section 306 of the Social Security Act.

(2)

Report on 302(b) level

Following any adjustment made under paragraph (1), the Committees on Appropriations of the Senate and the House of Representatives may report appropriately revised suballocations pursuant to section 302(b) to carry out this subsection.

.

III

Temporary extension of public debt limit

30301.

Temporary extension of public debt limit

(a)

In general

Section 3101(b) of title 31, United States Code, shall not apply for the period beginning on the date of the enactment of this Act and ending on March 1, 2019.

(b)

Special rule relating to obligations issued during extension period

Effective on March 2, 2019, the limitation in effect under section 3101(b) of title 31, United States Code, shall be increased to the extent that—

(1)

the face amount of obligations issued under chapter 31 of such title and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) outstanding on March 2, 2019, exceeds

(2)

the face amount of such obligations outstanding on the date of the enactment of this Act.

(c)

Restoring Congressional authority over the national debt

(1)

Extension limited to necessary obligations

An obligation shall not be taken into account under subsection (b)(1) unless the issuance of such obligation was necessary to fund a commitment incurred pursuant to law by the Federal Government that required payment before March 2, 2019.

(2)

Prohibition on creation of cash reserve during extension period

The Secretary of the Treasury shall not issue obligations during the period specified in subsection (a) for the purpose of increasing the cash balance above normal operating balances in anticipation of the expiration of such period.

IV

Joint select committees

A

Joint Select Committee on Solvency of Multiemployer Pension Plans

30421.

Definitions

In this subtitle—

(1)

the term joint committee means the Joint Select Committee on Solvency of Multiemployer Pension Plans established under section 30422(a); and

(2)

the term joint committee bill means a bill consisting of the proposed legislative language of the joint committee recommended in accordance with section 30422(b)(2)(B)(ii) and introduced under section 30424(a).

30422.

Establishment of Joint Select Committee

(a)

Establishment of joint select committee

There is established a joint select committee of Congress to be known as the Joint Select Committee on Solvency of Multiemployer Pension Plans.

(b)

Implementation

(1)

Goal

The goal of the joint committee is to improve the solvency of multiemployer pension plans and the Pension Benefit Guaranty Corporation.

(2)

Duties

(A)

In general

The joint committee shall provide recommendations and legislative language that will significantly improve the solvency of multiemployer pension plans and the Pension Benefit Guaranty Corporation.

(B)

Report, recommendations, and legislative language

(i)

In general

Not later than November 30, 2018, the joint committee shall vote on—

(I)

a report that contains a detailed statement of the findings, conclusions, and recommendations of the joint committee; and

(II)

proposed legislative language to carry out the recommendations described in subclause (I).

(ii)

Approval of report and legislative language

(I)

In general

The report of the joint committee and the proposed legislative language described in clause (i) shall only be approved upon receiving the votes of—

(aa)

a majority of joint committee members appointed by the Speaker of the House of Representatives and the Majority Leader of the Senate; and

(bb)

a majority of joint committee members appointed by the Minority Leader of the House of Representatives and the Minority Leader of the Senate.

(II)

Availability

The text of any report and proposed legislative language shall be publicly available in electronic form at least 24 hours prior to its consideration.

(iii)

Additional views

A member of the joint committee who gives notice of an intention to file supplemental, minority, or additional views at the time of the final joint committee vote on the approval of the report and legislative language under clause (ii) shall be entitled to 2 calendar days after the day of such notice in which to file such views in writing with the co-chairs. Such views shall then be included in the joint committee report and printed in the same volume, or part thereof, and their inclusion shall be noted on the cover of the report. In the absence of timely notice, the joint committee report may be printed and transmitted immediately without such views.

(iv)

Transmission of report and legislative language

If the report and legislative language are approved by the joint committee pursuant to clause (ii), the joint committee shall submit the joint committee report and legislative language described in clause (i) to the President, the Vice President, the Speaker of the House of Representatives, and the majority and minority leaders of each House of Congress not later than 15 calendar days after such approval.

(v)

Report and legislative language to be made public

Upon the approval of the joint committee report and legislative language pursuant to clause (ii), the joint committee shall promptly make the full report and legislative language, and a record of any vote, available to the public.

(3)

Membership

(A)

In general

The joint committee shall be composed of 16 members appointed pursuant to subparagraph (B).

(B)

Appointment

Members of the joint committee shall be appointed as follows:

(i)

The Speaker of the House of Representatives shall appoint 4 members from among Members of the House of Representatives.

(ii)

The Minority Leader of the House of Representatives shall appoint 4 members from among Members of the House of Representatives.

(iii)

The Majority Leader of the Senate shall appoint 4 members from among Members of the Senate.

(iv)

The Minority Leader of the Senate shall appoint 4 members from among Members of the Senate.

(C)

Co-chairs

Two of the appointed members of the joint committee will serve as co-chairs. The Speaker of the House of Representatives and the Majority Leader of the Senate shall jointly appoint one co-chair, and the Minority Leader of the House of Representatives and the Minority Leader of the Senate shall jointly appoint the second co-chair. The co-chairs shall be appointed not later than 14 calendar days after the date of enactment of this Act.

(D)

Date

Members of the joint committee shall be appointed not later than 14 calendar days after the date of enactment of this Act.

(E)

Period of appointment

Members shall be appointed for the life of the joint committee. Any vacancy in the joint committee shall not affect its powers, but shall be filled not later than 14 calendar days after the date on which the vacancy occurs, in the same manner as the original appointment was made. If a member of the joint committee ceases to be a Member of the House of Representatives or the Senate, as the case may be, the member is no longer a member of the joint committee and a vacancy shall exist.

(4)

Administration

(A)

General authority

For purposes of enabling the joint committee to exercise its powers, functions, and duties under this subtitle, and consistent with the Standing Rules of the Senate, there is authorized from the date of enactment of this Act through February 28, 2019, $500,000 to be allocated—

(i)

in total during the period October 1, 2017 through September 30, 2018; and

(ii)

any remaining amounts shall be carried forward for the period October 1, 2018 through February 28, 2019.

(B)

Expenses

Expenses of the joint committee shall be paid from the contingent fund of the Senate upon vouchers approved by the co-chairs, subject to the rules and regulations of the Senate.

(C)

Quorum

Nine members of the joint committee shall constitute a quorum for purposes of voting and meeting, and 5 members of the joint committee shall constitute a quorum for holding hearings.

(D)

Voting

No proxy voting shall be allowed on behalf of the members of the joint committee.

(E)

Meetings

(i)

Initial meeting

Not later than 30 calendar days after the date of enactment of this Act, the joint committee shall hold its first meeting.

(ii)

Agenda

The co-chairs of the joint committee shall provide an agenda to the joint committee members not less than 48 hours in advance of any meeting.

(F)

Hearings

(i)

In general

The joint committee may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, require attendance of witnesses and production of books, papers, and documents, take such testimony, receive such evidence, and administer such oaths as the joint committee considers advisable.

(ii)

Hearing procedures and responsibilities of co-chairs

(I)

Announcement

The co-chairs of the joint committee shall make a public announcement of the date, place, time, and subject matter of any hearing to be conducted, not less than 7 days in advance of such hearing, unless the co-chairs determine that there is good cause to begin such hearing at an earlier date.

(II)

Equal representation of witnesses

Each co-chair shall be entitled to select an equal number of witnesses for each hearing held by the joint committee.

(III)

Written statement

A witness appearing before the joint committee shall file a written statement of proposed testimony at least 2 calendar days before the appearance of the witness, unless the requirement is waived by the co-chairs, following their determination that there is good cause for failure to comply with such requirement.

(G)

Minimum number of public meetings and hearings

The joint committee shall hold—

(i)

not less than a total of 5 public meetings or public hearings; and

(ii)

not less than 3 public hearings, which may include field hearings.

(H)

Technical assistance

Upon written request of the co-chairs, a Federal agency, including legislative branch agencies, shall provide technical assistance to the joint committee in order for the joint committee to carry out its duties.

(I)

Staffing

(i)

Details

Employees of the legislative branch may be detailed to the joint committee on a nonreimbursable basis, consistent with the rules and regulations of the Senate.

(ii)

Staff director

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

(c)

Ethical standards

Members on the joint committee who serve in the House of Representatives shall be governed by the ethics rules and requirements of the House. Members of the Senate who serve on the joint committee shall comply with the ethics rules of the Senate.

(d)

Termination

The joint committee shall terminate on December 31, 2018 or 30 days after submission of its report and legislative recommendations pursuant to this section whichever occurs first.

30423.

Funding

(a)

Special reserve

To enable the joint committee to exercise its powers, functions, and duties under this subtitle, within the funds in the account for Expenses of Inquiries and Investigations of the Senate, not more than $500,000 shall be allocated from the special reserve established in S. Res. 62, agreed to February 28, 2017 (115th Congress), for use by the joint committee.

(b)

Expiration

None of the funds made available by this section may be available for obligation by the joint committee after January 2, 2019.

(c)

Availability requirements

For purposes of the joint committee, section 20(b) of S. Res. 62, agreed to February 28, 2017 (115th Congress), shall not apply.

30424.

Consideration of joint committee bill in the Senate

(a)

Introduction

Upon receipt of proposed legislative language approved in accordance with section 30422(b)(2)(B)(ii), the language shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the Majority Leader of the Senate or by a Member of the Senate designated by the Majority Leader of the Senate.

(b)

Committee consideration

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

(c)

Motion to proceed to consideration

(1)

In general

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

(2)

Consideration of motion

Consideration of the motion to proceed to the consideration of the joint committee bill and all debatable motions and appeals in connection therewith shall not exceed 10 hours, which shall be divided equally between the Majority and Minority Leaders or their designees. A motion to further limit debate is in order, shall require an affirmative vote of three-fifths of Members duly chosen and sworn, and is not debatable.

(3)

Vote threshold

The motion to proceed to the consideration of the joint committee bill shall only be agreed to upon an affirmative vote of three-fifths of Members duly chosen and sworn.

(4)

Limitations

The motion is not subject to a motion to postpone. All points of order against the motion to proceed to the joint committee bill are waived. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order.

(5)

Deadline

Not later than the last day of the 115th Congress, the Senate shall vote on a motion to proceed to the joint committee bill.

(6)

Companion measures

For purposes of this subsection, the term joint committee bill includes a bill of the House of Representatives that is a companion measure to the joint committee bill introduced in the Senate.

(d)

Rules of Senate

This section is enacted by Congress—

(1)

as an exercise of the rulemaking power of the Senate, and as such is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of a joint committee bill, and supersede other rules only to the extent that they are inconsistent with such rules; and

(2)

with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.

B

Joint Select Committee on Budget and Appropriations Process Reform

30441.

Definitions

In this subtitle—

(1)

the term joint committee means the Joint Select Committee on Budget and Appropriations Process Reform established under section 30442(a); and

(2)

the term joint committee bill means a bill consisting of the proposed legislative language of the joint committee recommended in accordance with section 30442(b)(2)(B)(ii) and introduced under section 30444(a).

30442.

Establishment of Joint Select Committee

(a)

Establishment of joint select committee

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

(b)

Implementation

(1)

Goal

The goal of the joint committee is to reform the budget and appropriations process.

(2)

Duties

(A)

In general

The joint committee shall provide recommendations and legislative language that will significantly reform the budget and appropriations process.

(B)

Report, recommendations, and legislative language

(i)

In general

Not later than November 30, 2018, the joint committee shall vote on—

(I)

a report that contains a detailed statement of the findings, conclusions, and recommendations of the joint committee; and

(II)

proposed legislative language to carry out the recommendations described in subclause (I).

(ii)

Approval of report and legislative language

(I)

In general

The report of the joint committee and the proposed legislative language described in clause (i) shall only be approved upon receiving the votes of—

(aa)

a majority of joint committee members appointed by the Speaker of the House of Representatives and the Majority Leader of the Senate; and

(bb)

a majority of joint committee members appointed by the Minority Leader of the House of Representatives and the Minority Leader of the Senate.

(II)

Availability

The text of any report and proposed legislative language shall be publicly available in electronic form at least 24 hours prior to its consideration.

(iii)

Additional views

A member of the joint committee who gives notice of an intention to file supplemental, minority, or additional views at the time of the final joint committee vote on the approval of the report and legislative language under clause (ii) shall be entitled to 2 calendar days after the day of such notice in which to file such views in writing with the co-chairs. Such views shall then be included in the joint committee report and printed in the same volume, or part thereof, and their inclusion shall be noted on the cover of the report. In the absence of timely notice, the joint committee report may be printed and transmitted immediately without such views.

(iv)

Transmission of report and legislative language

If the report and legislative language are approved by the joint committee pursuant to clause (ii), the joint committee shall submit the joint committee report and legislative language described in clause (i) to the President, the Vice President, the Speaker of the House of Representatives, and the majority and minority leaders of each House of Congress not later than 15 calendar days after such approval.

(v)

Report and legislative language to be made public

Upon the approval of the joint committee report and legislative language pursuant to clause (ii), the joint committee shall promptly make the full report and legislative language, and a record of any vote, available to the public.

(3)

Membership

(A)

In general

The joint committee shall be composed of 16 members appointed pursuant to subparagraph (B).

(B)

Appointment

Members of the joint committee shall be appointed as follows:

(i)

The Speaker of the House of Representatives shall appoint 4 members from among Members of the House of Representatives.

(ii)

The Minority Leader of the House of Representatives shall appoint 4 members from among Members of the House of Representatives.

(iii)

The Majority Leader of the Senate shall appoint 4 members from among Members of the Senate.

(iv)

The Minority Leader of the Senate shall appoint 4 members from among Members of the Senate.

(C)

Co-chairs

Two of the appointed members of the joint committee will serve as co-chairs. The Speaker of the House of Representatives and the Majority Leader of the Senate shall jointly appoint one co-chair, and the Minority Leader of the House of Representatives and the Minority Leader of the Senate shall jointly appoint the second co-chair. The co-chairs shall be appointed not later than 14 calendar days after the date of enactment of this Act.

(D)

Date

Members of the joint committee shall be appointed not later than 14 calendar days after the date of enactment of this Act.

(E)

Period of appointment

Members shall be appointed for the life of the joint committee. Any vacancy in the joint committee shall not affect its powers, but shall be filled not later than 14 calendar days after the date on which the vacancy occurs, in the same manner as the original appointment was made. If a member of the joint committee ceases to be a Member of the House of Representatives or the Senate, as the case may be, the member is no longer a member of the joint committee and a vacancy shall exist.

(4)

Administration

(A)

General authority

For purposes of enabling the joint committee to exercise its powers, functions, and duties under this subtitle, and consistent with the Standing Rules of the Senate, there is authorized from the date of enactment of this Act through February 28, 2019, $500,000 to be allocated—

(i)

in total during the period October 1, 2017 through September 30, 2018; and

(ii)

any remaining amounts shall be carried forward for the period October 1, 2018 through February 28, 2019.

(B)

Expenses

Expenses of the joint committee shall be paid from the contingent fund of the Senate upon vouchers approved by the co-chairs, subject to the rules and regulations of the Senate.

(C)

Quorum

Nine members of the joint committee shall constitute a quorum for purposes of voting and meeting, and 5 members of the joint committee shall constitute a quorum for holding hearings.

(D)

Voting

No proxy voting shall be allowed on behalf of the members of the joint committee.

(E)

Meetings

(i)

Initial meeting

Not later than 30 calendar days after the date of enactment of this Act, the joint committee shall hold its first meeting.

(ii)

Agenda

The co-chairs of the joint committee shall provide an agenda to the joint committee members not less than 48 hours in advance of any meeting.

(F)

Hearings

(i)

In general

The joint committee may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, require attendance of witnesses and production of books, papers, and documents, take such testimony, receive such evidence, and administer such oaths as the joint committee considers advisable.

(ii)

Hearing procedures and responsibilities of co-chairs

(I)

Announcement

The co-chairs of the joint committee shall make a public announcement of the date, place, time, and subject matter of any hearing to be conducted, not less than 7 days in advance of such hearing, unless the co-chairs determine that there is good cause to begin such hearing at an earlier date.

(II)

Equal representation of witnesses

Each co-chair shall be entitled to select an equal number of witnesses for each hearing held by the joint committee.

(III)

Written statement

A witness appearing before the joint committee shall file a written statement of proposed testimony at least 2 calendar days before the appearance of the witness, unless the requirement is waived by the co-chairs, following their determination that there is good cause for failure to comply with such requirement.

(G)

Minimum number of public meetings and hearings

The joint committee shall hold—

(i)

not less than a total of 5 public meetings or public hearings; and

(ii)

not less than 3 public hearings, which may include field hearings.

(H)

Technical assistance

Upon written request of the co-chairs, a Federal agency, including legislative branch agencies, shall provide technical assistance to the joint committee in order for the joint committee to carry out its duties.

(I)

Staffing

(i)

Details

Employees of the legislative branch may be detailed to the joint committee on a nonreimbursable basis, consistent with the rules and regulations of the Senate.

(ii)

Staff director

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

(c)

Ethical standards

Members on the joint committee who serve in the House of Representatives shall be governed by the ethics rules and requirements of the House. Members of the Senate who serve on the joint committee shall comply with the ethics rules of the Senate.

(d)

Termination

The joint committee shall terminate on December 31, 2018 or 30 days after submission of its report and legislative recommendations pursuant to this section whichever occurs first.

30443.

Funding

(a)

Special reserve

To enable the joint committee to exercise its powers, functions, and duties under this subtitle, within the funds in the account for Expenses of Inquiries and Investigations of the Senate, not more than $500,000 shall be allocated from the special reserve established in S. Res. 62, agreed to February 28, 2017 (115th Congress), for use by the joint committee.

(b)

Expiration

None of the funds made available by this section may be available for obligation by the joint committee after January 2, 2019.

(c)

Availability requirements

For purposes of the joint committee, section 20(b) of S. Res. 62, agreed to February 28, 2017 (115th Congress), shall not apply.

30444.

Consideration of joint committee bill in the Senate

(a)

Introduction

Upon receipt of proposed legislative language approved in accordance with section 30442(b)(2)(B)(ii), the language shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the Majority Leader of the Senate or by a Member of the Senate designated by the Majority Leader of the Senate.

(b)

Committee consideration

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

(c)

Motion to proceed to consideration

(1)

In general

Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which a joint committee bill is reported or discharged from the Committee on the Budget, for the Majority Leader of the Senate or the Majority Leader's designee to move to proceed to the consideration of the joint committee bill. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the joint committee bill at any time after the conclusion of such 2-day period.

(2)

Consideration of motion

Consideration of the motion to proceed to the consideration of the joint committee bill and all debatable motions and appeals in connection therewith shall not exceed 10 hours, which shall be divided equally between the Majority and Minority Leaders or their designees. A motion to further limit debate is in order, shall require an affirmative vote of three-fifths of Members duly chosen and sworn, and is not debatable.

(3)

Vote threshold

The motion to proceed to the consideration of the joint committee bill shall only be agreed to upon an affirmative vote of three-fifths of Members duly chosen and sworn.

(4)

Limitations

The motion is not subject to a motion to postpone. All points of order against the motion to proceed to the joint committee bill are waived. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order.

(5)

Deadline

Not later than the last day of the 115th Congress, the Senate shall vote on a motion to proceed to the joint committee bill.

(d)

Rules of Senate

This section is enacted by Congress—

(1)

as an exercise of the rulemaking power of the Senate, and as such is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of a joint committee bill, and supersede other rules only to the extent that they are inconsistent with such rules; and

(2)

with full recognition of the constitutional right of the Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.

D

Revenue Measures

40001.

Table of contents

The table of contents for this division is as follows:

DIVISION D—Revenue Measures

Sec. 40001. Table of contents.

TITLE I—Extension of expiring provisions

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

Subtitle A—Tax relief for families and individuals

Sec. 40201. Extension of exclusion from gross income of discharge of qualified principal residence indebtedness.

Sec. 40202. Extension of mortgage insurance premiums treated as qualified residence interest.

Sec. 40203. Extension of above-the-line deduction for qualified tuition and related expenses.

Subtitle B—Incentives for growth, jobs, investment, and innovation

Sec. 40301. Extension of Indian employment tax credit.

Sec. 40302. Extension of railroad track maintenance credit.

Sec. 40303. Extension of mine rescue team training credit.

Sec. 40304. Extension of classification of certain race horses as 3-year property.

Sec. 40305. Extension of 7-year recovery period for motorsports entertainment complexes.

Sec. 40306. Extension of accelerated depreciation for business property on an Indian reservation.

Sec. 40307. Extension of election to expense mine safety equipment.

Sec. 40308. Extension of special expensing rules for certain productions.

Sec. 40309. Extension of deduction allowable with respect to income attributable to domestic production activities in Puerto Rico.

Sec. 40310. Extension of special rule relating to qualified timber gain.

Sec. 40311. Extension of empowerment zone tax incentives.

Sec. 40312. Extension of American Samoa economic development credit.

Subtitle C—Incentives for energy production and conservation

Sec. 40401. Extension of credit for nonbusiness energy property.

Sec. 40402. Extension and modification of credit for residential energy property.

Sec. 40403. Extension of credit for new qualified fuel cell motor vehicles.

Sec. 40404. Extension of credit for alternative fuel vehicle refueling property.

Sec. 40405. Extension of credit for 2-wheeled plug-in electric vehicles.

Sec. 40406. Extension of second generation biofuel producer credit.

Sec. 40407. Extension of biodiesel and renewable diesel incentives.

Sec. 40408. Extension of production credit for Indian coal facilities.

Sec. 40409. Extension of credits with respect to facilities producing energy from certain renewable resources.

Sec. 40410. Extension of credit for energy-efficient new homes.

Sec. 40411. Extension and phaseout of energy credit.

Sec. 40412. Extension of special allowance for second generation biofuel plant property.

Sec. 40413. Extension of energy efficient commercial buildings deduction.

Sec. 40414. Extension of special rule for sales or dispositions to implement FERC or State electric restructuring policy for qualified electric utilities.

Sec. 40415. Extension of excise tax credits relating to alternative fuels.

Sec. 40416. Extension of Oil Spill Liability Trust Fund financing rate.

Subtitle D—Modifications of energy incentives

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

TITLE II—Miscellaneous Provisions

Sec. 41101. Amendment of Internal Revenue Code of 1986.

Sec. 41102. Modifications to rum cover over.

Sec. 41103. Extension of waiver of limitations with respect to excluding from gross income amounts received by wrongfully incarcerated individuals.

Sec. 41104. Individuals held harmless on improper levy on retirement plans.

Sec. 41105. Modification of user fee requirements for installment agreements.

Sec. 41106. Form 1040SR for seniors.

Sec. 41107. Attorneys fees relating to awards to whistleblowers.

Sec. 41108. Clarification of whistleblower awards.

Sec. 41109. Clarification regarding excise tax based on investment income of private colleges and universities.

Sec. 41110. Exception from private foundation excess business holding tax for independently-operated philanthropic business holdings.

Sec. 41111. Rule of construction for Craft Beverage Modernization and Tax Reform.

Sec. 41112. Simplification of rules regarding records, statements, and returns.

Sec. 41113. Modification of rules governing hardship distributions.

Sec. 41114. Modification of rules relating to hardship withdrawals from cash or deferred arrangements.

Sec. 41115. Opportunity Zones rule for Puerto Rico.

Sec. 41116. Tax home of certain citizens or residents of the United States living abroad.

Sec. 41117. Treatment of foreign persons for returns relating to payments made in settlement of payment card and third party network transactions.

Sec. 41118. Repeal of shift in time of payment of corporate estimated taxes.

Sec. 41119. Enhancement of carbon dioxide sequestration credit.

I

Extension of expiring provisions

40101.

Amendment of Internal Revenue Code of 1986

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

A

Tax relief for families and individuals

40201.

Extension of exclusion from gross income of discharge of qualified principal residence indebtedness

(a)

In general

Section 108(a)(1)(E) is amended by striking January 1, 2017 each place it appears and inserting January 1, 2018.

(b)

Effective date

The amendments made by this section shall apply to discharges of indebtedness after December 31, 2016.

40202.

Extension of mortgage insurance premiums treated as qualified residence interest

(a)

In general

Subclause (I) of section 163(h)(3)(E)(iv) is amended by striking December 31, 2016 and inserting December 31, 2017.

(b)

Effective date

The amendment made by this section shall apply to amounts paid or accrued after December 31, 2016.

40203.

Extension of above-the-line deduction for qualified tuition and related expenses

(a)

In general

Section 222(e) is amended by striking December 31, 2016 and inserting December 31, 2017.

(b)

Effective date

The amendment made by this section shall apply to taxable years beginning after December 31, 2016.

B

Incentives for growth, jobs, investment, and innovation

40301.

Extension of Indian employment tax credit

(a)

In general

Section 45A(f) is amended by striking December 31, 2016 and inserting December 31, 2017.

(b)

Effective date

The amendment made by this section shall apply to taxable years beginning after December 31, 2016.

40302.

Extension of railroad track maintenance credit

(a)

In general

Section 45G(f) is amended by striking January 1, 2017 and inserting January 1, 2018.

(b)

Effective date

(1)

In general

The amendment made by this section shall apply to expenditures paid or incurred in taxable years beginning after December 31, 2016.

(2)

Safe harbor assignments

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

40303.

Extension of mine rescue team training credit

(a)

In general

Section 45N(e) is amended by striking December 31, 2016 and inserting December 31, 2017.

(b)

Effective date

The amendment made by this section shall apply to taxable years beginning after December 31, 2016.

40304.

Extension of classification of certain race horses as 3-year property

(a)

In general

Section 168(e)(3)(A)(i) is amended—

(1)

by striking January 1, 2017 in subclause (I) and inserting January 1, 2018, and

(2)

by striking December 31, 2016 in subclause (II) and inserting December 31, 2017.

(b)

Effective date

The amendments made by this section shall apply to property placed in service after December 31, 2016.

40305.

Extension of 7-year recovery period for motorsports entertainment complexes

(a)

In general

Section 168(i)(15)(D) is amended by striking December 31, 2016 and inserting December 31, 2017.

(b)

Effective date

The amendment made by this section shall apply to property placed in service after December 31, 2016.

40306.

Extension of accelerated depreciation for business property on an Indian reservation

(a)

In general

Section 168(j)(9) is amended by striking December 31, 2016 and inserting December 31, 2017.

(b)

Effective date

The amendment made by this section shall apply to property placed in service after December 31, 2016.

40307.

Extension of election to expense mine safety equipment

(a)

In general

Section 179E(g) is amended by striking December 31, 2016 and inserting December 31, 2017.

(b)

Effective date

The amendment made by this section shall apply to property placed in service after December 31, 2016.

40308.

Extension of special expensing rules for certain productions

(a)

In general

Section 181(g) is amended by striking December 31, 2016 and inserting December 31, 2017.

(b)

Effective date

The amendment made by this section shall apply to productions commencing after December 31, 2016.

40309.

Extension of deduction allowable with respect to income attributable to domestic production activities in Puerto Rico

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

(1)

by substituting first 12 taxable years for first 11 taxable years, and

(2)

by substituting January 1, 2018 for January 1, 2017.

40310.

Extension of special rule relating to qualified timber gain

For purposes of applying section 1201(b) of the Internal Revenue Code of 1986 with respect to taxable years beginning during 2017, such section shall be applied by substituting 2016 or 2017 for 2016.

40311.

Extension of empowerment zone tax incentives

(a)

In general

(1)

Extension

Section 1391(d)(1)(A)(i) is amended by striking December 31, 2016 and inserting December 31, 2017.

(2)

Treatment of certain termination dates specified in nominations

In the case of a designation of an empowerment zone the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act), subparagraph (B) of such section shall not apply with respect to such designation if, after the date of the enactment of this section, the entity which made such nomination amends the nomination to provide for a new termination date in such manner as the Secretary of the Treasury (or the Secretary’s designee) may provide.

(b)

Effective date

The amendment made by subsection (a)(1) shall apply to taxable years beginning after December 31, 2016.

40312.

Extension of American Samoa economic development credit

(a)

In general

Section 119 of division A of the Tax Relief and Health Care Act of 2006 is amended—

(1)

in subsection (d)—

(A)

by striking January 1, 2017 each place it appears and inserting January 1, 2018,

(B)

by striking first 11 taxable years in paragraph (1) and inserting first 12 taxable years, and

(C)

by striking first 5 taxable years in paragraph (2) and inserting first 6 taxable years, and

(2)

in subsection (e), by adding at the end the following: References in this subsection to section 199 of the Internal Revenue Code of 1986 shall be treated as references to such section as in effect before its repeal..

(b)

Effective date

The amendments made by this section shall apply to taxable years beginning after December 31, 2016.

C

Incentives for energy production and conservation

40401.

Extension of credit for nonbusiness energy property

(a)

In general

Section 25C(g)(2) is amended by striking December 31, 2016 and inserting December 31, 2017.

(b)

Effective date

The amendment made by this section shall apply to property placed in service after December 31, 2016.

40402.

Extension and modification of credit for residential energy property

(a)

In general

Section 25D(h) is amended by striking December 31, 2016 and all that follows and inserting December 31, 2021..

(b)

Phaseout

(1)

In general

Section 25D(a) is amended by striking the sum of— and all that follows and inserting “the sum of the applicable percentages of—

(1)

the qualified solar electric property expenditures,

(2)

the qualified solar water heating property expenditures,

(3)

the qualified fuel cell property expenditures,

(4)

the qualified small wind energy property expenditures, and

(5)

the qualified geothermal heat pump property expenditures,

made by the taxpayer during such year.

.

(2)

Conforming amendment

Section 25D(g) is amended by striking paragraphs (1) and (2) of.

(c)

Effective date

The amendment made by this section shall apply to property placed in service after December 31, 2016.

40403.

Extension of credit for new qualified fuel cell motor vehicles

(a)

In general

Section 30B(k)(1) is amended by striking December 31, 2016 and inserting December 31, 2017.

(b)

Effective date

The amendment made by this section shall apply to property purchased after December 31, 2016.

40404.

Extension of credit for alternative fuel vehicle refueling property

(a)

In general

Section 30C(g) is amended by striking December 31, 2016 and inserting December 31, 2017.

(b)

Effective date

The amendment made by this section shall apply to property placed in service after December 31, 2016.

40405.

Extension of credit for 2-wheeled plug-in electric vehicles

(a)

In general

Section 30D(g)(3)(E)(ii) is amended by striking January 1, 2017 and inserting January 1, 2018.

(b)

Effective date

The amendment made by this section shall apply to vehicles acquired after December 31, 2016.

40406.

Extension of second generation biofuel producer credit

(a)

In general

Section 40(b)(6)(J)(i) is amended by striking January 1, 2017 and inserting January 1, 2018.

(b)

Effective date

The amendment made by this section shall apply to qualified second generation biofuel production after December 31, 2016.

40407.

Extension of biodiesel and renewable diesel incentives

(a)

Income tax credit

(1)

In general

Subsection (g) of section 40A is amended by striking December 31, 2016 and inserting December 31, 2017.

(2)

Effective date

The amendment made by this subsection shall apply to fuel sold or used after December 31, 2016.

(b)

Excise tax incentives

(1)

In general

Section 6426(c)(6) is amended by striking December 31, 2016 and inserting December 31, 2017.

(2)

Payments

Section 6427(e)(6)(B) is amended by striking December 31, 2016 and inserting December 31, 2017.

(3)

Effective date

The amendments made by this subsection shall apply to fuel sold or used after December 31, 2016.

(4)

Special rule for 2017

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

40408.

Extension of production credit for Indian coal facilities

(a)

In general

Section 45(e)(10)(A) is amended by striking 11-year period each place it appears and inserting 12-year period.

(b)

Effective date

The amendment made by this section shall apply to coal produced after December 31, 2016.

40409.

Extension of credits with respect to facilities producing energy from certain renewable resources

(a)

In general

The following provisions of section 45(d) are each amended by striking January 1, 2017 each place it appears and inserting January 1, 2018:

(1)

Paragraph (2)(A).

(2)

Paragraph (3)(A).

(3)

Paragraph (4)(B).

(4)

Paragraph (6).

(5)

Paragraph (7).

(6)

Paragraph (9).

(7)

Paragraph (11)(B).

(b)

Extension of election To treat qualified facilities as energy property

Section 48(a)(5)(C)(ii) is amended by striking January 1, 2017 and inserting January 1, 2018.

(c)

Effective date

The amendments made by this section shall take effect on January 1, 2017.

40410.

Extension of credit for energy-efficient new homes

(a)

In general

Section 45L(g) is amended by striking December 31, 2016 and inserting December 31, 2017.

(b)

Effective date

The amendment made by this section shall apply to homes acquired after December 31, 2016.

40411.

Extension and phaseout of energy credit

(a)

Extension of solar and thermal energy property

Section 48(a)(3)(A) is amended—

(1)

by striking periods ending before January 1, 2017 in clause (ii) and inserting property the construction of which begins before January 1, 2022, and

(2)

by striking periods ending before January 1, 2017 in clause (vii) and inserting property the construction of which begins before January 1, 2022.

(b)

Phaseout of 30-Percent credit rate for fiber-optic solar, qualified fuel cell, and qualified small wind energy property

(1)

In general

Section 48(a) is amended by adding at the end the following new paragraph:

(7)

Phaseout for fiber-optic solar, qualified fuel cell, and qualified small wind energy property

(A)

In general

Subject to subparagraph (B), in the case of any qualified fuel cell property, qualified small wind property, or energy property described in paragraph (3)(A)(ii), the energy percentage determined under paragraph (2) shall be equal to—

(i)

in the case of any property the construction of which begins after December 31, 2019, and before January 1, 2021, 26 percent, and

(ii)

in the case of any property the construction of which begins after December 31, 2020, and before January 1, 2022, 22 percent.

(B)

Placed in service deadline

In the case of any energy property described in subparagraph (A) which is not placed in service before January 1, 2024, the energy percentage determined under paragraph (2) shall be equal to 0 percent.

.

(2)

Conforming amendment

Section 48(a)(2)(A) is amended by striking paragraph (6) and inserting paragraphs (6) and (7).

(3)

Clarification relating to phaseout for wind facilities

Section 48(a)(5)(E) is amended by inserting which is treated as energy property by reason of this paragraph after using wind to produce electricity.

(c)

Extension of qualified fuel cell property

Section 48(c)(1)(D) is amended by striking for any period after December 31, 2016 and inserting the construction of which does not begin before January 1, 2022.

(d)

Extension of qualified microturbine property

Section 48(c)(2)(D) is amended by striking for any period after December 31, 2016 and inserting the construction of which does not begin before January 1, 2022.

(e)

Extension of combined heat and power system property

Section 48(c)(3)(A)(iv) is amended by striking which is placed in service before January 1, 2017 and inserting the construction of which begins before January 1, 2022.

(f)

Extension of qualified small wind energy property

Section 48(c)(4)(C) is amended by striking for any period after December 31, 2016 and inserting the construction of which does not begin before January 1, 2022.

(g)

Effective date

(1)

In general

Except as otherwise provided in this subsection, the amendments made by this section shall apply to periods after December 31, 2016, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990).

(2)

Extension of combined heat and power system property

The amendment made by subsection (e) shall apply to property placed in service after December 31, 2016.

(3)

Phaseouts and terminations

The amendments made by subsection (b) shall take effect on the date of the enactment of this Act.

40412.

Extension of special allowance for second generation biofuel plant property

(a)

In general

Section 168(l)(2)(D) is amended by striking January 1, 2017 and inserting January 1, 2018.

(b)

Effective date

The amendment made by this section shall apply to property placed in service after December 31, 2016.

40413.

Extension of energy efficient commercial buildings deduction

(a)

In general

Section 179D(h) is amended by striking December 31, 2016 and inserting December 31, 2017.

(b)

Effective date

The amendment made by this section shall apply to property placed in service after December 31, 2016.

40414.

Extension of special rule for sales or dispositions to implement FERC or State electric restructuring policy for qualified electric utilities

(a)

In general

Section 451(k)(3), as amended by section 13221 of Public Law 115–97, is amended by striking January 1, 2017 and inserting January 1, 2018.

(b)

Effective date

The amendment made by this section shall apply to dispositions after December 31, 2016.

40415.

Extension of excise tax credits relating to alternative fuels

(a)

Extension of alternative fuels excise tax credits

(1)

In general

Sections 6426(d)(5) and 6426(e)(3) are each amended by striking December 31, 2016 and inserting December 31, 2017.

(2)

Outlay payments for alternative fuels

Section 6427(e)(6)(C) is amended by striking December 31, 2016 and inserting December 31, 2017.

(3)

Effective date

The amendments made by this subsection shall apply to fuel sold or used after December 31, 2016.

(b)

Special rule for 2017

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

40416.

Extension of Oil Spill Liability Trust Fund financing rate

(a)

In general

Section 4611(f)(2) is amended by striking December 31, 2017 and inserting December 31, 2018.

(b)

Effective date

The amendment made by this section shall apply on and after the first day of the first calendar month beginning after the date of the enactment of this Act.

D

Modifications of energy incentives

40501.

Modifications of credit for production from advanced nuclear power facilities

(a)

Treatment of unutilized limitation amounts

Section 45J(b) is amended—

(1)

by inserting or any amendment to after enactment of in paragraph (4), and

(2)

by adding at the end the following new paragraph:

(5)

Allocation of unutilized limitation

(A)

In general

Any unutilized national megawatt capacity limitation shall be allocated by the Secretary under paragraph (3) as rapidly as is practicable after December 31, 2020—

(i)

first to facilities placed in service on or before such date to the extent that such facilities did not receive an allocation equal to their full nameplate capacity, and

(ii)

then to facilities placed in service after such date in the order in which such facilities are placed in service.

(B)

Unutilized national megawatt capacity limitation

The term unutilized national megawatt capacity limitation means the excess (if any) of—

(i)

6,000 megawatts, over

(ii)

the aggregate amount of national megawatt capacity limitation allocated by the Secretary before January 1, 2021, reduced by any amount of such limitation which was allocated to a facility which was not placed in service before such date.

(C)

Coordination with other provisions

In the case of any unutilized national megawatt capacity limitation allocated by the Secretary pursuant to this paragraph—

(i)

such allocation shall be treated for purposes of this section in the same manner as an allocation of national megawatt capacity limitation, and

(ii)

subsection (d)(1)(B) shall not apply to any facility which receives such allocation.

.

(b)

Transfer of credit by certain public entities

(1)

In general

Section 45J is amended—

(A)

by redesignating subsection (e) as subsection (f), and

(B)

by inserting after subsection (d) the following new subsection:

(e)

Transfer of credit by certain public entities

(1)

In general

If, with respect to a credit under subsection (a) for any taxable year—

(A)

a qualified public entity would be the taxpayer (but for this paragraph), and

(B)

such entity elects the application of this paragraph for such taxable year with respect to all (or any portion specified in such election) of such credit,

the eligible project partner specified in such election, and not the qualified public entity, shall be treated as the taxpayer for purposes of this title with respect to such credit (or such portion thereof).
(2)

Definitions

For purposes of this subsection—

(A)

Qualified public entity

The term qualified public entity means—

(i)

a Federal, State, or local government entity, or any political subdivision, agency, or instrumentality thereof,

(ii)

a mutual or cooperative electric company described in section 501(c)(12) or 1381(a)(2), or

(iii)

a not-for-profit electric utility which had or has received a loan or loan guarantee under the Rural Electrification Act of 1936.

(B)

Eligible project partner

The term eligible project partner means any person who—

(i)

is responsible for, or participates in, the design or construction of the advanced nuclear power facility to which the credit under subsection (a) relates,

(ii)

participates in the provision of the nuclear steam supply system to such facility,

(iii)

participates in the provision of nuclear fuel to such facility,

(iv)

is a financial institution providing financing for the construction or operation of such facility, or

(v)

has an ownership interest in such facility.

(3)

Special rules

(A)

Application to partnerships

In the case of a credit under subsection (a) which is determined at the partnership level—

(i)

for purposes of paragraph (1)(A), a qualified public entity shall be treated as the taxpayer with respect to such entity’s distributive share of such credit, and

(ii)

the term eligible project partner shall include any partner of the partnership.

(B)

Taxable year in which credit taken into account

In the case of any credit (or portion thereof) with respect to which an election is made under paragraph (1), such credit shall be taken into account in the first taxable year of the eligible project partner ending with, or after, the qualified public entity’s taxable year with respect to which the credit was determined.

(C)

Treatment of transfer under private use rules

For purposes of section 141(b)(1), any benefit derived by an eligible project partner in connection with an election under this subsection shall not be taken into account as a private business use.

.

(2)

Special rule for proceeds of transfers for mutual or cooperative electric companies

Section 501(c)(12) is amended by adding at the end the following new subparagraph:

(I)

In the case of a mutual or cooperative electric company described in this paragraph or an organization described in section 1381(a)(2), income received or accrued in connection with an election under section 45J(e)(1) shall be treated as an amount collected from members for the sole purpose of meeting losses and expenses.

.

(c)

Effective dates

(1)

Treatment of unutilized limitation amounts

The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.

(2)

Transfer of credit by certain public entities

The amendments made by subsection (b) shall apply to taxable years beginning after the date of the enactment of this Act.

II

Miscellaneous Provisions

41101.

Amendment of Internal Revenue Code of 1986

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

41102.

Modifications to rum cover over

(a)

Extension

(1)

In general

Section 7652(f)(1) is amended by striking January 1, 2017 and inserting January 1, 2022.

(2)

Effective date

The amendment made by this subsection shall apply to distilled spirits brought into the United States after December 31, 2016.

(b)

Determination of taxes on rum

(1)

In general

Section 7652(e) is amended by adding at the end the following new paragraph:

(5)

Determination of amount of taxes collected

For purposes of this subsection, the amount of taxes collected under section 5001(a)(1) shall be determined without regard to section 5001(c).

.

(2)

Effective date

The amendment made by this subsection shall apply to distilled spirits brought into the United States after December 31, 2017.

41103.

Extension of waiver of limitations with respect to excluding from gross income amounts received by wrongfully incarcerated individuals

(a)

In general

Section 304(d) of the Protecting Americans from Tax Hikes Act of 2015 (26 U.S.C. 139F note) is amended by striking 1-year and inserting 3-year.

(b)

Effective date

The amendment made by this section shall take effect on the date of the enactment of this Act.

41104.

Individuals held harmless on improper levy on retirement plans

(a)

In General

Section 6343 is amended by adding at the end the following new subsection:

(f)

Individuals Held Harmless on Wrongful Levy, etc. on Retirement Plan

(1)

In general

If the Secretary determines that an individual's account or benefit under an eligible retirement plan (as defined in section 402(c)(8)(B)) has been levied upon in a case to which subsection (b) or (d)(2)(A) applies and property or an amount of money is returned to the individual—

(A)

the individual may contribute such property or an amount equal to the sum of—

(i)

the amount of money so returned by the Secretary, and

(ii)

interest paid under subsection (c) on such amount of money,

into such eligible retirement plan if such contribution is permitted by the plan, or into an individual retirement plan (other than an endowment contract) to which a rollover contribution of a distribution from such eligible retirement plan is permitted, but only if such contribution is made not later than the due date (not including extensions) for filing the return of tax for the taxable year in which such property or amount of money is returned, and
(B)

the Secretary shall, at the time such property or amount of money is returned, notify such individual that a contribution described in subparagraph (A) may be made.

(2)

Treatment as rollover

The distribution on account of the levy and any contribution under paragraph (1) with respect to the return of such distribution shall be treated for purposes of this title as if such distribution and contribution were described in section 402(c), 402A(c)(3), 403(a)(4), 403(b)(8), 408(d)(3), 408A(d)(3), or 457(e)(16), whichever is applicable; except that—

(A)

the contribution shall be treated as having been made for the taxable year in which the distribution on account of the levy occurred, and the interest paid under subsection (c) shall be treated as earnings within the plan after the contribution and shall not be included in gross income, and

(B)

such contribution shall not be taken into account under section 408(d)(3)(B).

(3)

Refund, etc., of income tax on levy

(A)

In general

If any amount is includible in gross income for a taxable year by reason of a distribution on account of a levy referred to in paragraph (1) and any portion of such amount is treated as a rollover contribution under paragraph (2), any tax imposed by chapter 1 on such portion shall not be assessed, and if assessed shall be abated, and if collected shall be credited or refunded as an overpayment made on the due date for filing the return of tax for such taxable year.

(B)

Exception

Subparagraph (A) shall not apply to a rollover contribution under this subsection which is made from an eligible retirement plan which is not a Roth IRA or a designated Roth account (within the meaning of section 402A) to a Roth IRA or a designated Roth account under an eligible retirement plan.

(4)

Interest

Notwithstanding subsection (d), interest shall be allowed under subsection (c) in a case in which the Secretary makes a determination described in subsection (d)(2)(A) with respect to a levy upon an individual retirement plan.

(5)

Treatment of inherited accounts

For purposes of paragraph (1)(A), section 408(d)(3)(C) shall be disregarded in determining whether an individual retirement plan is a plan to which a rollover contribution of a distribution from the plan levied upon is permitted.

.

(b)

Effective date

The amendment made by this section shall apply to amounts paid under subsections (b), (c), and (d)(2)(A) of section 6343 of the Internal Revenue Code of 1986 in taxable years beginning after December 31, 2017.

41105.

Modification of user fee requirements for installment agreements

(a)

In general

Section 6159 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection:

(f)

Installment agreement fees

(1)

Limitation on fee amount

The amount of any fee imposed on an installment agreement under this section may not exceed the amount of such fee as in effect on the date of the enactment of this subsection.

(2)

Waiver or reimbursement

In the case of any taxpayer with an adjusted gross income, as determined for the most recent year for which such information is available, which does not exceed 250 percent of the applicable poverty level (as determined by the Secretary)—

(A)

if the taxpayer has agreed to make payments under the installment agreement by electronic payment through a debit instrument, no fee shall be imposed on an installment agreement under this section, and

(B)

if the taxpayer is unable to make payments under the installment agreement by electronic payment through a debit instrument, the Secretary shall, upon completion of the installment agreement, pay the taxpayer an amount equal to any such fees imposed.

.

(b)

Effective date

The amendments made by this section shall apply to agreements entered into on or after the date which is 60 days after the date of the enactment of this Act.

41106.

Form 1040SR for seniors

(a)

In general

The Secretary of the Treasury (or the Secretary’s delegate) shall make available a form, to be known as Form 1040SR, for use by individuals to file the return of tax imposed by chapter 1 of the Internal Revenue Code of 1986. Such form shall be as similar as practicable to Form 1040EZ, except that—

(1)

the form shall be available only to individuals who have attained age 65 as of the close of the taxable year,

(2)

the form may be used even if income for the taxable year includes—

(A)

social security benefits (as defined in section 86(d) of the Internal Revenue Code of 1986),

(B)

distributions from qualified retirement plans (as defined in section 4974(c) of such Code), annuities or other such deferred payment arrangements,

(C)

interest and dividends, or

(D)

capital gains and losses taken into account in determining adjusted net capital gain (as defined in section 1(h)(3) of such Code), and

(3)

the form shall be available without regard to the amount of any item of taxable income or the total amount of taxable income for the taxable year.

(b)

Effective date

The form required by subsection (a) shall be made available for taxable years beginning after the date of the enactment of this Act.

41107.

Attorneys fees relating to awards to whistleblowers

(a)

In general

Paragraph (21) of section 62(a) is amended to read as follows:

(21)

Attorneys' fees relating to awards to whistleblowers

(A)

In general

Any deduction allowable under this chapter for attorney fees and court costs paid by, or on behalf of, the taxpayer in connection with any award under—

(i)

section 7623(b), or

(ii)

in the case of taxable years beginning after December 31, 2017, any action brought under—

(I)

section 21F of the Securities Exchange Act of 1934 (15 U.S.C. 78u–6),

(II)

a State false claims act, including a State false claims act with qui tam provisions, or

(III)

section 23 of the Commodity Exchange Act (7 U.S.C. 26).

(B)

May not exceed award

Subparagraph (A) shall not apply to any deduction in excess of the amount includible in the taxpayer's gross income for the taxable year on account of such award.

.

(b)

Effective date

The amendment made by this section shall apply to taxable years beginning after December 31, 2017.

41108.

Clarification of whistleblower awards

(a)

Definition of proceeds

(1)

In general

Section 7623 is amended by adding at the end the following new subsection:

(c)

Proceeds

For purposes of this section, the term proceeds includes—

(1)

penalties, interest, additions to tax, and additional amounts provided under the internal revenue laws, and

(2)

any proceeds arising from laws for which the Internal Revenue Service is authorized to administer, enforce, or investigate, including—

(A)

criminal fines and civil forfeitures, and

(B)

violations of reporting requirements.

.

(2)

Conforming amendments

Paragraphs (1) and (2)(A) of section 7623(b) are each amended by striking collected proceeds (including penalties, interest, additions to tax, and additional amounts) resulting from the action and inserting proceeds collected as a result of the action.

(b)

Amount of proceeds determined without regard to availability

Paragraphs (1) and (2)(A) of section 7623(b) are each amended by inserting (determined without regard to whether such proceeds are available to the Secretary) after in response to such action.

(c)

Disputed amount threshold

Section 7623(b)(5)(B) is amended by striking tax, penalties, interest, additions to tax, and additional amounts and inserting proceeds.

(d)

Effective date

The amendments made by this section shall apply to information provided before, on, or after the date of the enactment of this Act with respect to which a final determination for an award has not been made before such date of enactment.

41109.

Clarification regarding excise tax based on investment income of private colleges and universities

(a)

In general

Subsection (b)(1) of section 4968, as added by section 13701(a) of Public Law 115–97, is amended—

(1)

by inserting tuition-paying after 500 in subparagraph (A), and

(2)

by inserting tuition-paying after 50 percent of the in subparagraph (B).

(b)

Effective date

The amendments made by this section shall apply to taxable years beginning after December 31, 2017.

41110.

Exception from private foundation excess business holding tax for independently-operated philanthropic business holdings

(a)

In general

Section 4943 is amended by adding at the end the following new subsection:

(g)

Exception for certain holdings limited to independently-operated philanthropic business

(1)

In general

Subsection (a) shall not apply with respect to the holdings of a private foundation in any business enterprise which meets the requirements of paragraphs (2), (3), and (4) for the taxable year.

(2)

Ownership

The requirements of this paragraph are met if—

(A)

100 percent of the voting stock in the business enterprise is held by the private foundation at all times during the taxable year, and

(B)

all the private foundation’s ownership interests in the business enterprise were acquired by means other than by purchase.

(3)

All profits to charity

(A)

In general

The requirements of this paragraph are met if the business enterprise, not later than 120 days after the close of the taxable year, distributes an amount equal to its net operating income for such taxable year to the private foundation.

(B)

Net operating income

For purposes of this paragraph, the net operating income of any business enterprise for any taxable year is an amount equal to the gross income of the business enterprise for the taxable year, reduced by the sum of—

(i)

the deductions allowed by chapter 1 for the taxable year which are directly connected with the production of such income,

(ii)

the tax imposed by chapter 1 on the business enterprise for the taxable year, and

(iii)

an amount for a reasonable reserve for working capital and other business needs of the business enterprise.

(4)

Independent operation

The requirements of this paragraph are met if, at all times during the taxable year—

(A)

no substantial contributor (as defined in section 4958(c)(3)(C)) to the private foundation or family member (as determined under section 4958(f)(4)) of such a contributor is a director, officer, trustee, manager, employee, or contractor of the business enterprise (or an individual having powers or responsibilities similar to any of the foregoing),

(B)

at least a majority of the board of directors of the private foundation are persons who are not—

(i)

directors or officers of the business enterprise, or

(ii)

family members (as so determined) of a substantial contributor (as so defined) to the private foundation, and

(C)

there is no loan outstanding from the business enterprise to a substantial contributor (as so defined) to the private foundation or to any family member of such a contributor (as so determined).

(5)

Certain deemed private foundations excluded

This subsection shall not apply to—

(A)

any fund or organization treated as a private foundation for purposes of this section by reason of subsection (e) or (f),

(B)

any trust described in section 4947(a)(1) (relating to charitable trusts), and

(C)

any trust described in section 4947(a)(2) (relating to split-interest trusts).

.

(b)

Effective date

The amendment made by this section shall apply to taxable years beginning after December 31, 2017.

41111.

Rule of construction for Craft Beverage Modernization and Tax Reform

(a)

In general

Subpart A of part IX of subtitle C of title I of Public Law 115–97 is amended by adding at the end the following new section:

13809.

Rule of construction

Nothing in this subpart, the amendments made by this subpart, or any regulation promulgated under this subpart or the amendments made by this subpart, shall be construed to preempt, supersede, or otherwise limit or restrict any State, local, or tribal law that prohibits or regulates the production or sale of distilled spirits, wine, or malt beverages.

.

(b)

Effective date

The amendment made by this section shall take effect as if included in Public Law 115–97.

41112.

Simplification of rules regarding records, statements, and returns

(a)

In general

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

(b)

Effective date

The amendment made by this section shall apply to calendar quarters beginning after the date of the enactment of this Act.

41113.

Modification of rules governing hardship distributions

(a)

In general

Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall modify Treasury Regulation section 1.401(k)–1(d)(3)(iv)(E) to—

(1)

delete the 6-month prohibition on contributions imposed by paragraph (2) thereof, and

(2)

make any other modifications necessary to carry out the purposes of section 401(k)(2)(B)(i)(IV) of the Internal Revenue Code of 1986.

(b)

Effective date

The revised regulations under this section shall apply to plan years beginning after December 31, 2018.

41114.

Modification of rules relating to hardship withdrawals from cash or deferred arrangements

(a)

In general

Section 401(k) is amended by adding at the end the following:

(14)

Special rules relating to hardship withdrawals

For purposes of paragraph (2)(B)(i)(IV)—

(A)

Amounts which may be withdrawn

The following amounts may be distributed upon hardship of the employee:

(i)

Contributions to a profit-sharing or stock bonus plan to which section 402(e)(3) applies.

(ii)

Qualified nonelective contributions (as defined in subsection (m)(4)(C)).

(iii)

Qualified matching contributions described in paragraph (3)(D)(ii)(I).

(iv)

Earnings on any contributions described in clause (i), (ii), or (iii).

(B)

No requirement to take available loan

A distribution shall not be treated as failing to be made upon the hardship of an employee solely because the employee does not take any available loan under the plan.

.

(b)

Conforming amendment

Section 401(k)(2)(B)(i)(IV) is amended to read as follows:

(IV)

subject to the provisions of paragraph (14), upon hardship of the employee, or

.

(c)

Effective date

The amendments made by this section shall apply to plan years beginning after December 31, 2018.

41115.

Opportunity Zones rule for Puerto Rico

(a)

In general

Subsection (b) of section 1400Z–1 is amended by adding at the end the following new paragraph:

(3)

Special rule for Puerto Rico

Each population census tract in Puerto Rico that is a low- income community shall be deemed to be certified and designated as a qualified opportunity zone, effective on the date of the enactment of Public Law 115–97.

.

(b)

Conforming amendment

Section 1400Z–1(d)(1) is amended by inserting and subsection (b)(3) after paragraph (2).

41116.

Tax home of certain citizens or residents of the United States living abroad

(a)

In general

Paragraph (3) of section 911(d) is amended by inserting before the period at the end of the second sentence the following: , unless such individual is serving in an area designated by the President of the United States by Executive order as a combat zone for purposes of section 112 in support of the Armed Forces of the United States.

(b)

Effective date

The amendment made by this section shall apply to taxable years beginning after December 31, 2017.

41117.

Treatment of foreign persons for returns relating to payments made in settlement of payment card and third party network transactions

(a)

In general

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

(b)

Effective date

The amendment made by this section shall apply to returns for calendar years beginning after December 31, 2017.

41118.

Repeal of shift in time of payment of corporate estimated taxes

The Trade Preferences Extension Act of 2015 is amended by striking section 803 (relating to time for payment of corporate estimated taxes).

41119.

Enhancement of carbon dioxide sequestration credit

(a)

In general

Section 45Q is amended to read as follows:

45Q.

Credit for carbon oxide sequestration

(a)

General rule

For purposes of section 38, the carbon oxide sequestration credit for any taxable year is an amount equal to the sum of—

(1)

$20 per metric ton of qualified carbon oxide which is—

(A)

captured by the taxpayer using carbon capture equipment which is originally placed in service at a qualified facility before the date of the enactment of the Bipartisan Budget Act of 2018, and

(B)

disposed of by the taxpayer in secure geological storage and not used by the taxpayer as described in paragraph (2)(B),

(2)

$10 per metric ton of qualified carbon oxide which is—

(A)

captured by the taxpayer using carbon capture equipment which is originally placed in service at a qualified facility before the date of the enactment of the Bipartisan Budget Act of 2018, and

(B)
(i)

used by the taxpayer as a tertiary injectant in a qualified enhanced oil or natural gas recovery project and disposed of by the taxpayer in secure geological storage, or

(ii)

utilized by the taxpayer in a manner described in subsection (f)(5),

(3)

the applicable dollar amount (as determined under subsection (b)(1)) per metric ton of qualified carbon oxide which is—

(A)

captured by the taxpayer using carbon capture equipment which is originally placed in service at a qualified facility on or after the date of the enactment of the Bipartisan Budget Act of 2018, during the 12-year period beginning on the date the equipment was originally placed in service, and

(B)

disposed of by the taxpayer in secure geological storage and not used by the taxpayer as described in paragraph (4)(B), and

(4)

the applicable dollar amount (as determined under subsection (b)(1)) per metric ton of qualified carbon oxide which is—

(A)

captured by the taxpayer using carbon capture equipment which is originally placed in service at a qualified facility on or after the date of the enactment of the Bipartisan Budget Act of 2018, during the 12-year period beginning on the date the equipment was originally placed in service, and

(B)
(i)

used by the taxpayer as a tertiary injectant in a qualified enhanced oil or natural gas recovery project and disposed of by the taxpayer in secure geological storage, or

(ii)

utilized by the taxpayer in a manner described in subsection (f)(5).

(b)

Applicable dollar amount; additional equipment; election

(1)

Applicable dollar amount

(A)

In general

The applicable dollar amount shall be an amount equal to—

(i)

for any taxable year beginning in a calendar year after 2016 and before 2027—

(I)

for purposes of paragraph (3) of subsection (a), the dollar amount established by linear interpolation between $22.66 and $50 for each calendar year during such period, and

(II)

for purposes of paragraph (4) of such subsection, the dollar amount established by linear interpolation between $12.83 and $35 for each calendar year during such period, and

(ii)

for any taxable year beginning in a calendar year after 2026—

(I)

for purposes of paragraph (3) of subsection (a), an amount equal to the product of $50 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2025 for 1990, and

(II)

for purposes of paragraph (4) of such subsection, an amount equal to the product of $35 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2025 for 1990.

(B)

Rounding

The applicable dollar amount determined under subparagraph (A) shall be rounded to the nearest cent.

(2)

Installation of additional carbon capture equipment on existing qualified facility

In the case of a qualified facility placed in service before the date of the enactment of the Bipartisan Budget Act of 2018, for which additional carbon capture equipment is placed in service on or after the date of the enactment of such Act, the amount of qualified carbon oxide which is captured by the taxpayer shall be equal to—

(A)

for purposes of paragraphs (1)(A) and (2)(A) of subsection (a), the lesser of—

(i)

the total amount of qualified carbon oxide captured at such facility for the taxable year, or

(ii)

the total amount of the carbon dioxide capture capacity of the carbon capture equipment in service at such facility on the day before the date of the enactment of the Bipartisan Budget Act of 2018, and

(B)

for purposes of paragraphs (3)(A) and (4)(A) of such subsection, an amount (not less than zero) equal to the excess of—

(i)

the amount described in clause (i) of subparagraph (A), over

(ii)

the amount described in clause (ii) of such subparagraph.

(3)

Election

For purposes of determining the carbon oxide sequestration credit under this section, a taxpayer may elect to have the dollar amounts applicable under paragraph (1) or (2) of subsection (a) apply in lieu of the dollar amounts applicable under paragraph (3) or (4) of such subsection for each metric ton of qualified carbon oxide which is captured by the taxpayer using carbon capture equipment which is originally placed in service at a qualified facility on or after the date of the enactment of the Bipartisan Budget Act of 2018.

(c)

Qualified carbon oxide

For purposes of this section—

(1)

In general

The term qualified carbon oxide means—

(A)

any carbon dioxide which—

(i)

is captured from an industrial source by carbon capture equipment which is originally placed in service before the date of the enactment of the Bipartisan Budget Act of 2018,

(ii)

would otherwise be released into the atmosphere as industrial emission of greenhouse gas or lead to such release, and

(iii)

is measured at the source of capture and verified at the point of disposal, injection, or utilization,

(B)

any carbon dioxide or other carbon oxide which—

(i)

is captured from an industrial source by carbon capture equipment which is originally placed in service on or after the date of the enactment of the Bipartisan Budget Act of 2018,

(ii)

would otherwise be released into the atmosphere as industrial emission of greenhouse gas or lead to such release, and

(iii)

is measured at the source of capture and verified at the point of disposal, injection, or utilization, or

(C)

in the case of a direct air capture facility, any carbon dioxide which—

(i)

is captured directly from the ambient air, and

(ii)

is measured at the source of capture and verified at the point of disposal, injection, or utilization.

(2)

Recycled carbon oxide

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

(d)

Qualified facility

For purposes of this section, the term qualified facility means any industrial facility or direct air capture facility—

(1)

the construction of which begins before January 1, 2024, and—

(A)

construction of carbon capture equipment begins before such date, or

(B)

the original planning and design for such facility includes installation of carbon capture equipment, and

(2)

which captures—

(A)

in the case of a facility which emits not more than 500,000 metric tons of carbon oxide into the atmosphere during the taxable year, not less than 25,000 metric tons of qualified carbon oxide during the taxable year which is utilized in a manner described in subsection (f)(5),

(B)

in the case of an electricity generating facility which is not described in subparagraph (A), not less than 500,000 metric tons of qualified carbon oxide during the taxable year, or

(C)

in the case of a direct air capture facility or any facility not described in subparagraph (A) or (B), not less than 100,000 metric tons of qualified carbon oxide during the taxable year.

(e)

Definitions

For purposes of this section—

(1)

Direct air capture facility

(A)

In general

Subject to subparagraph (B), the term direct air capture facility means any facility which uses carbon capture equipment to capture carbon dioxide directly from the ambient air.

(B)

Exception

The term direct air capture facility shall not include any facility which captures carbon dioxide—

(i)

which is deliberately released from naturally occurring subsurface springs, or

(ii)

using natural photosynthesis.

(2)

Qualified enhanced oil or natural gas recovery project

The term qualified enhanced oil or natural gas recovery project has the meaning given the term qualified enhanced oil recovery project by section 43(c)(2), by substituting crude oil or natural gas for crude oil in subparagraph (A)(i) thereof.

(3)

Tertiary injectant

The term tertiary injectant has the same meaning as when used within section 193(b)(1).

(f)

Special rules

(1)

Only qualified carbon oxide captured and disposed of or used within the United States taken into account

The credit under this section shall apply only with respect to qualified carbon oxide the capture and disposal, use, or utilization of which is within—

(A)

the United States (within the meaning of section 638(1)), or

(B)

a possession of the United States (within the meaning of section 638(2)).

(2)

Secure geological storage

The Secretary, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, and the Secretary of the Interior, shall establish regulations for determining adequate security measures for the geological storage of qualified carbon oxide under subsection (a) such that the qualified carbon oxide does not escape into the atmosphere. Such term shall include storage at deep saline formations, oil and gas reservoirs, and unminable coal seams under such conditions as the Secretary may determine under such regulations.

(3)

Credit attributable to taxpayer

(A)

In general

Except as provided in subparagraph (B) or in any regulations prescribed by the Secretary, any credit under this section shall be attributable to—

(i)

in the case of qualified carbon oxide captured using carbon capture equipment which is originally placed in service at a qualified facility before the date of the enactment of the Bipartisan Budget Act of 2018, the person that captures and physically or contractually ensures the disposal, utilization, or use as a tertiary injectant of such qualified carbon oxide, and

(ii)

in the case of qualified carbon oxide captured using carbon capture equipment which is originally placed in service at a qualified facility on or after the date of the enactment of the Bipartisan Budget Act of 2018, the person that owns the carbon capture equipment and physically or contractually ensures the capture and disposal, utilization, or use as a tertiary injectant of such qualified carbon oxide.

(B)

Election

If the person described in subparagraph (A) makes an election under this subparagraph in such time and manner as the Secretary may prescribe by regulations, the credit under this section—

(i)

shall be allowable to the person that disposes of the qualified carbon oxide, utilizes the qualified carbon oxide, or uses the qualified carbon oxide as a tertiary injectant, and

(ii)

shall not be allowable to the person described in subparagraph (A).

(4)

Recapture

The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any qualified carbon oxide which ceases to be captured, disposed of, or used as a tertiary injectant in a manner consistent with the requirements of this section.

(5)

Utilization of qualified carbon oxide

(A)

In general

For purposes of this section, utilization of qualified carbon oxide means—

(i)

the fixation of such qualified carbon oxide through photosynthesis or chemosynthesis, such as through the growing of algae or bacteria,

(ii)

the chemical conversion of such qualified carbon oxide to a material or chemical compound in which such qualified carbon oxide is securely stored, or

(iii)

the use of such qualified carbon oxide for any other purpose for which a commercial market exists (with the exception of use as a tertiary injectant in a qualified enhanced oil or natural gas recovery project), as determined by the Secretary.

(B)

Measurement

(i)

In general

For purposes of determining the amount of qualified carbon oxide utilized by the taxpayer under paragraph (2)(B)(ii) or (4)(B)(ii) of subsection (a), such amount shall be equal to the metric tons of qualified carbon oxide which the taxpayer demonstrates, based upon an analysis of lifecycle greenhouse gas emissions and subject to such requirements as the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, determines appropriate, were—

(I)

captured and permanently isolated from the atmosphere, or

(II)

displaced from being emitted into the atmosphere,

through use of a process described in subparagraph (A).
(ii)

Lifecycle greenhouse gas emissions

For purposes of clause (i), the term lifecycle greenhouse gas emissions has the same meaning given such term under subparagraph (H) of section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), as in effect on the date of the enactment of the Bipartisan Budget Act of 2018, except that product shall be substituted for fuel each place it appears in such subparagraph.

(6)

Election for applicable facilities

(A)

In general

For purposes of this section, in the case of an applicable facility, for any taxable year in which such facility captures not less than 500,000 metric tons of qualified carbon oxide during the taxable year, the person described in paragraph (3)(A)(ii) may elect to have such facility, and any carbon capture equipment placed in service at such facility, deemed as having been placed in service on the date of the enactment of the Bipartisan Budget Act of 2018.

(B)

Applicable facility

For purposes of this paragraph, the term applicable facility means a qualified facility—

(i)

which was placed in service before the date of the enactment of the Bipartisan Budget Act of 2018, and

(ii)

for which no taxpayer claimed a credit under this section in regards to such facility for any taxable year ending before the date of the enactment of such Act.

(7)

Inflation adjustment

In the case of any taxable year beginning in a calendar year after 2009, there shall be substituted for each dollar amount contained in paragraphs (1) and (2) of subsection (a) an amount equal to the product of—

(A)

such dollar amount, multiplied by

(B)

the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2008 for 1990.

(g)

Application of section for certain carbon capture equipment

In the case of any carbon capture equipment placed in service before the date of the enactment of the Bipartisan Budget Act of 2018, the credit under this section shall apply with respect to qualified carbon oxide captured using such equipment before the end of the calendar year in which the Secretary, in consultation with the Administrator of the Environmental Protection Agency, certifies that, during the period beginning after October 3, 2008, a total of 75,000,000 metric tons of qualified carbon oxide have been taken into account in accordance with—

(1)

subsection (a) of this section, as in effect on the day before the date of the enactment of the Bipartisan Budget Act of 2018, and

(2)

paragraphs (1) and (2) of subsection (a) of this section.

(h)

Regulations

The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section, including regulations or other guidance to—

(1)

ensure proper allocation under subsection (a) for qualified carbon oxide captured by a taxpayer during the taxable year ending after the date of the enactment of the Bipartisan Budget Act of 2018, and

(2)

determine whether a facility satisfies the requirements under subsection (d)(1) during such taxable year.

.

(b)

Effective date

The amendment made by this section shall apply to taxable years beginning after December 31, 2017.

E

Health and Human Services Extenders

50100.

Short title; table of contents

(a)

Short title

This division may be cited as the Advancing Chronic Care, Extenders, and Social Services (ACCESS) Act

(b)

Table of contents

The table of contents for this division is as follows:

DIVISION E—Health and Human Services Extenders

Sec. 50100. Short title; table of contents.

TITLE I—CHIP

Sec. 50101. Funding extension of the Children's Health Insurance Program through fiscal year 2027.

Sec. 50102. Extension of pediatric quality measures program.

Sec. 50103. Extension of outreach and enrollment program.

TITLE II—Medicare Extenders

Sec. 50201. Extension of work GPCI floor.

Sec. 50202. Repeal of Medicare payment cap for therapy services; limitation to ensure appropriate therapy.

Sec. 50203. Medicare ambulance services.

Sec. 50204. Extension of increased inpatient hospital payment adjustment for certain low-volume hospitals.

Sec. 50205. Extension of the Medicare-dependent hospital (MDH) program.

Sec. 50206. Extension of funding for quality measure endorsement, input, and selection; reporting requirements.

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

Sec. 50208. Extension of home health rural add-on.

TITLE III—Creating High-Quality Results and Outcomes Necessary to Improve Chronic (CHRONIC) Care

Subtitle A—Receiving High Quality Care in the Home

Sec. 50301. Extending the Independence at Home Demonstration Program.

Sec. 50302. Expanding access to home dialysis therapy.

Subtitle B—Advancing Team-Based Care

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

Subtitle C—Expanding Innovation and Technology

Sec. 50321. Adapting benefits to meet the needs of chronically ill Medicare Advantage enrollees.

Sec. 50322. Expanding supplemental benefits to meet the needs of chronically ill Medicare Advantage enrollees.

Sec. 50323. Increasing convenience for Medicare Advantage enrollees through telehealth.

Sec. 50324. Providing accountable care organizations the ability to expand the use of telehealth.

Sec. 50325. Expanding the use of telehealth for individuals with stroke.

Subtitle D—Identifying the Chronically Ill Population

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

Subtitle E—Empowering Individuals and Caregivers in Care Delivery

Sec. 50341. Eliminating barriers to care coordination under accountable care organizations.

Sec. 50342. GAO study and report on longitudinal comprehensive care planning services under Medicare part B.

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

Sec. 50351. GAO study and report on improving medication synchronization.

Sec. 50352. GAO study and report on impact of obesity drugs on patient health and spending.

Sec. 50353. HHS study and report on long-term risk factors for chronic conditions among Medicare beneficiaries.

Sec. 50354. Providing prescription drug plans with parts A and B claims data to promote the appropriate use of medications and improve health outcomes.

TITLE IV—Part B Improvement Act and other part B enhancements

Subtitle A—Medicare part B Improvement Act

Sec. 50401. Home infusion therapy services temporary transitional payment.

Sec. 50402. Orthotist’s and prosthetist’s clinical notes as part of the patient’s medical record.

Sec. 50403. Independent accreditation for dialysis facilities and assurance of high quality surveys.

Sec. 50404. Modernizing the application of the Stark rule under Medicare.

Subtitle B—Additional Medicare Provisions

Sec. 50411. Making permanent the removal of the rental cap for durable medical equipment under Medicare with respect to speech generating devices.

Sec. 50412. Increased civil and criminal penalties and increased sentences for Federal health care program fraud and abuse.

Sec. 50413. Reducing the volume of future EHR-related significant hardship requests.

Sec. 50414. Strengthening rules in case of competition for diabetic testing strips.

TITLE V—Other Health Extenders

Sec. 50501. Extension for family-to-family health information centers.

Sec. 50502. Extension for sexual risk avoidance education.

Sec. 50503. Extension for personal responsibility education.

TITLE VI—Child and Family Services and Supports Extenders

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

Sec. 50601. Continuing evidence-based home visiting program.

Sec. 50602. Continuing to demonstrate results to help families.

Sec. 50603. Reviewing statewide needs to target resources.

Sec. 50604. Improving the likelihood of success in high-risk communities.

Sec. 50605. Option to fund evidence-based home visiting on a pay for outcome basis.

Sec. 50606. Data exchange standards for improved interoperability.

Sec. 50607. Allocation of funds.

Subtitle B—Extension of Health Professions Workforce Demonstration Projects

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

TITLE VII—Family First Prevention Services Act

Subtitle A—Investing in Prevention and Supporting Families

Sec. 50701. Short title.

Sec. 50702. Purpose.

PART I—Prevention Activities under Title IV–E

Sec. 50711. Foster care prevention services and programs.

Sec. 50712. Foster care maintenance payments for children with parents in a licensed residential family-based treatment facility for substance abuse.

Sec. 50713. Title IV–E payments for evidence-based kinship navigator programs.

PART II—Enhanced support under Title IV–B

Sec. 50721. Elimination of time limit for family reunification services while in foster care and permitting time-limited family reunification services when a child returns home from foster care.

Sec. 50722. Reducing bureaucracy and unnecessary delays when placing children in homes across State lines.

Sec. 50723. Enhancements to grants to improve well-being of families affected by substance abuse.

PART III—Miscellaneous

Sec. 50731. Reviewing and improving licensing standards for placement in a relative foster family home.

Sec. 50732. Development of a statewide plan to prevent child abuse and neglect fatalities.

Sec. 50733. Modernizing the title and purpose of title IV–E.

Sec. 50734. Effective dates.

PART IV—Ensuring the Necessity of a Placement that is not in a Foster Family Home

Sec. 50741. Limitation on Federal financial participation for placements that are not in foster family homes.

Sec. 50742. Assessment and documentation of the need for placement in a qualified residential treatment program.

Sec. 50743. Protocols to prevent inappropriate diagnoses.

Sec. 50744. Additional data and reports regarding children placed in a setting that is not a foster family home.

Sec. 50745. Criminal records checks and checks of child abuse and neglect registries for adults working in child-care institutions and other group care settings.

Sec. 50746. Effective dates; application to waivers.

PART V—Continuing Support for Child and Family Services

Sec. 50751. Supporting and retaining foster families for children.

Sec. 50752. Extension of child and family services programs.

Sec. 50753. Improvements to the John H. Chafee foster care independence program and related provisions.

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

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

PART VII—Technical Corrections

Sec. 50771. Technical corrections to data exchange standards to improve program coordination.

Sec. 50772. Technical corrections to State requirement to address the developmental needs of young children.

PART VIII—Ensuring States reinvest savings resulting from increase in adoption assistance

Sec. 50781. Delay of adoption assistance phase-in.

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

TITLE VIII—Supporting Social Impact Partnerships to Pay for Results

Sec. 50801. Short title.

Sec. 50802. Social impact partnerships to pay for results.

TITLE IX—Public Health Programs

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

Sec. 50902. Extension for special diabetes programs.

TITLE X—Miscellaneous Health Care Policies

Sec. 51001. Home health payment reform.

Sec. 51002. Information to satisfy documentation of Medicare eligibility for home health services.

Sec. 51003. Technical amendments to Public Law 114–10.

Sec. 51004. Expanded access to Medicare intensive cardiac rehabilitation programs.

Sec. 51005. Extension of blended site neutral payment rate for certain long-term care hospital discharges; temporary adjustment to site neutral payment rates.

Sec. 51006. Recognition of attending physician assistants as attending physicians to serve hospice patients.

Sec. 51007. Extension of enforcement instruction on supervision requirements for outpatient therapeutic services in critical access and small rural hospitals through 2017.

Sec. 51008. Allowing physician assistants, nurse practitioners, and clinical nurse specialists to supervise cardiac, intensive cardiac, and pulmonary rehabilitation programs.

Sec. 51009. Transitional payment rules for certain radiation therapy services under the physician fee schedule.

TITLE XI—Protecting Seniors' Access to Medicare Act

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

TITLE XII—Offsets

Sec. 53101. Modifying reductions in Medicaid DSH allotments.

Sec. 53102. Third party liability in Medicaid and CHIP.

Sec. 53103. Treatment of lottery winnings and other lump-sum income for purposes of income eligibility under Medicaid.

Sec. 53104. Rebate obligation with respect to line extension drugs.

Sec. 53105. Medicaid Improvement Fund.

Sec. 53106. Physician fee schedule update.

Sec. 53107. Payment for outpatient physical therapy services and outpatient occupational therapy services furnished by a therapy assistant.

Sec. 53108. Reduction for non-emergency ESRD ambulance transports.

Sec. 53109. Hospital transfer policy for early discharges to hospice care.

Sec. 53110. Medicare payment update for home health services.

Sec. 53111. Medicare payment update for skilled nursing facilities.

Sec. 53112. Preventing the artificial inflation of star ratings after the consolidation of Medicare Advantage plans offered by the same organization.

Sec. 53113. Sunsetting exclusion of biosimilars from Medicare part D coverage gap discount program.

Sec. 53114. Adjustments to Medicare part B and part D premium subsidies for higher income individuals.

Sec. 53115. Medicare Improvement Fund.

Sec. 53116. Closing the Donut Hole for Seniors.

Sec. 53117. Modernizing child support enforcement fees.

Sec. 53118. Increasing efficiency of prison data reporting.

Sec. 53119. Prevention and Public Health Fund.

I

CHIP

50101.

Funding extension of the Children's Health Insurance Program through fiscal year 2027

(a)

In general

Section 2104(a) of the Social Security Act (42 U.S.C. 1397dd(a)), as amended by section 3002(a) of the HEALTHY KIDS Act (division C of Public Law 115–120), is amended—

(1)

in paragraph (25), by striking ; and and inserting a semicolon;

(2)

in paragraph (26), by striking the period at the end and inserting a semicolon; and

(3)

by adding at the end the following new paragraphs:

(27)

for each of fiscal years 2024 through 2026, such sums as are necessary to fund allotments to States under subsections (c) and (m); and

(28)

for fiscal year 2027, for purposes of making two semi-annual allotments—

(A)

$7,650,000,000 for the period beginning on October 1, 2026, and ending on March 31, 2027; and

(B)

$7,650,000,000 for the period beginning on April 1, 2027, and ending on September 30, 2027.

.

(b)

Allotments

(1)

In general

Section 2104(m) of the Social Security Act (42 U.S.C. 1397dd(m)), as amended by section 3002(b) of the HEALTHY KIDS Act (division C of Public Law 115–120), is amended—

(A)

in paragraph (2)(B)—

(i)

in the matter preceding clause (i), by striking (25) and inserting (27);

(ii)

in clause (i), by striking and 2023 and inserting , 2023, and 2027; and

(iii)

in clause (ii)(I), by striking (or, in the case of fiscal year 2018, under paragraph (4)) and inserting (or, in the case of fiscal year 2018 or 2024, under paragraph (4) or (10), respectively);

(B)

in paragraph (5)—

(i)

by striking or (10) and inserting (10), or (11); and

(ii)

by striking or 2023, and inserting 2023, or 2027,;

(C)

in paragraph (7)—

(i)

in subparagraph (A), by striking 2023 and inserting 2027,; and

(ii)

in the matter following subparagraph (B), by striking or fiscal year 2022 and inserting fiscal year 2022, fiscal year 2024, or fiscal year 2026;

(D)

in paragraph (9)—

(i)

by striking or (10) and inserting (10), or (11); and

(ii)

by striking or 2023, and inserting 2023, or 2027,; and

(E)

by adding at the end the following:

(11)

For fiscal year 2027

(A)

First half

Subject to paragraphs (5) and (7), from the amount made available under subparagraph (A) of paragraph (28) of subsection (a) for the semi-annual period described in such subparagraph, increased by the amount of the appropriation for such period under section 50101(b)(2) of the Advancing Chronic Care, Extenders, and Social Services Act, the Secretary shall compute a State allotment for each State (including the District of Columbia and each commonwealth and territory) for such semi-annual period in an amount equal to the first half ratio (described in subparagraph (D)) of the amount described in subparagraph (C).

(B)

Second half

Subject to paragraphs (5) and (7), from the amount made available under subparagraph (B) of paragraph (28) of subsection (a) for the semi-annual period described in such subparagraph, the Secretary shall compute a State allotment for each State (including the District of Columbia and each commonwealth and territory) for such semi-annual period in an amount equal to the amount made available under such subparagraph, multiplied by the ratio of—

(i)

the amount of the allotment to such State under subparagraph (A); to

(ii)

the total of the amount of all of the allotments made available under such subparagraph.

(C)

Full year amount based on rebased amount

The amount described in this subparagraph for a State is equal to the Federal payments to the State that are attributable to (and countable towards) the total amount of allotments available under this section to the State in fiscal year 2026 (including payments made to the State under subsection (n) for fiscal year 2026 as well as amounts redistributed to the State in fiscal year 2026), multiplied by the allotment increase factor under paragraph (6) for fiscal year 2027.

(D)

First half ratio

The first half ratio described in this subparagraph is the ratio of—

(i)

the sum of—

(I)

the amount made available under subsection (a)(28)(A); and

(II)

the amount of the appropriation for such period under section 50101(b)(2) of the Advancing Chronic Care, Extenders, and Social Services Act; to

(ii)

the sum of—

(I)

the amount described in clause (i); and

(II)

the amount made available under subsection (a)(28)(B).

.

(2)

One-time appropriation for fiscal year 2027

There is appropriated to the Secretary of Health and Human Services, out of any money in the Treasury not otherwise appropriated, such sums as are necessary to fund allotments to States under subsections (c) and (m) of section 2104 of the Social Security Act (42 U.S.C. 1397dd) for fiscal year 2027, taking into account the full year amounts calculated for States under paragraph (11)(C) of subsection (m) of such section (as added by paragraph (1)) and the amounts appropriated under subparagraphs (A) and (B) of subsection (a)(28) of such section (as added by subsection (a)). Such amount shall accompany the allotment made for the period beginning on October 1, 2026, and ending on March 31, 2027, under paragraph (28)(A) of section 2104(a) of such Act (42 U.S.C. 1397dd(a)), to remain available until expended. Such amount shall be used to provide allotments to States under paragraph (11) of section 2104(m) of such Act for the first 6 months of fiscal year 2027 in the same manner as allotments are provided under subsection (a)(28)(A) of such section 2104 and subject to the same terms and conditions as apply to the allotments provided from such subsection (a)(28)(A).

(c)

Extension of the Child Enrollment Contingency Fund

Section 2104(n) of the Social Security Act (42 U.S.C. 1397dd(n)), as amended by section 3002(c) of the HEALTHY KIDS Act (division C of Public Law 115–120), is amended—

(1)

in paragraph (2)—

(A)

in subparagraph (A)(ii)—

(i)

by striking and 2018 through 2022 and inserting 2018 through 2022, and 2024 through 2026; and

(ii)

by striking and 2023 and inserting 2023, and 2027; and

(B)

in subparagraph (B)—

(i)

by striking and 2018 through 2022 and inserting 2018 through 2022, and 2024 through 2026; and

(ii)

by striking and 2023 and inserting 2023, and 2027; and

(2)

in paragraph (3)(A), in the matter preceding clause (i)—

(A)

by striking or in any of fiscal years 2018 through 2022 and inserting fiscal years 2018 through 2022, or fiscal years 2024 through 2026; and

(B)

by striking or 2023 and inserting 2023, or 2027.

(d)

Extension of qualifying states option

Section 2105(g)(4) of the Social Security Act (42 U.S.C. 1397ee(g)(4)), as amended by section 3002(d) of the HEALTHY KIDS Act (division C of Public Law 115–120), is amended—

(1)

in the paragraph heading, by striking through 2023 and inserting through 2027; and

(2)

in subparagraph (A), by striking 2023 and inserting 2027.

(e)

Extension of express lane eligibility option

Section 1902(e)(13)(I) of the Social Security Act (42 U.S.C. 1396a(e)(13)(I)), as amended by section 3002(e) of the HEALTHY KIDS Act (division C of Public Law 115–120), is amended by striking 2023 and inserting 2027.

(f)

Assurance of eligibility standard for children and families

(1)

In general

Section 2105(d)(3) of the Social Security Act (42 U.S.C. 1397ee(d)(3)), as amended by section 3002(f)(1) of the HEALTHY KIDS Act (division C of Public Law 115–120), is amended—

(A)

in the paragraph heading, by striking through September 30, 2023 and inserting through September 30, 2027; and

(B)

in subparagraph (A), in the matter preceding clause (i), by striking 2023 each place it appears and inserting 2027.

(2)

Conforming amendments

Section 1902(gg)(2) of the Social Security Act (42 U.S.C. 1396a(gg)(2)), as amended by section 3002(f)(2) of the HEALTHY KIDS Act (division C of Public Law 115–120), is amended—

(A)

in the paragraph heading, by striking through September 30, 2023 and inserting through September 30, 2027; and

(B)

by striking 2023, each place it appears and inserting 2027.

50102.

Extension of pediatric quality measures program

(a)

In general

Section 1139A(i)(1) of the Social Security Act (42 U.S.C. 1320b–9a(i)(1)), as amended by section 3003(b) of the HEALTHY KIDS Act (division C of Public Law 115–120), is amended—

(1)

in subparagraph (B), by striking ; and and inserting a semicolon;

(2)

in subparagraph (C), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following new subparagraph:

(D)

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

.

(b)

Making reporting mandatory

Section 1139A of the Social Security Act (42 U.S.C. 1320b–9a) is amended—

(1)

in subsection (a)—

(A)

in the heading for paragraph (4), by inserting and mandatory reporting after reporting;

(B)

in paragraph (4)—

(i)

by striking Not later than and inserting the following:

(A)

Voluntary reporting

Not later than

; and

(ii)

by adding at the end the following:

(B)

Mandatory reporting

Beginning with the annual State report on fiscal year 2024 required under subsection (c)(1), the Secretary shall require States to use the initial core measurement set and any updates or changes to that set to report information regarding the quality of pediatric health care under titles XIX and XXI using the standardized format for reporting information and procedures developed under subparagraph (A).

; and

(C)

in paragraph (6)(B), by inserting and, beginning with the report required on January 1, 2025, and for each annual report thereafter, the status of mandatory reporting by States under titles XIX and XXI, utilizing the initial core quality measurement set and any updates or changes to that set before the semicolon; and

(2)

in subsection (c)(1)(A), by inserting and, beginning with the annual report on fiscal year 2024, all of the core measures described in subsection (a) and any updates or changes to those measures before the semicolon.

50103.

Extension of outreach and enrollment program

(a)

In general

Section 2113 of the Social Security Act (42 U.S.C. 1397mm), as amended by section 3004(a) of the HEALTHY KIDS Act (division C of Public Law 115–120), is amended—

(1)

in subsection (a)(1), by striking 2023 and inserting 2027; and

(2)

in subsection (g)—

(A)

by striking and $120,000,000 and inserting , $120,000,000; and

(B)

by inserting , and $48,000,000 for the period of fiscal years 2024 through 2027 after 2023.

(b)

Additional reserved funds

Section 2113(a) of the Social Security Act (42 U.S.C. 1397mm(a)) is amended—

(1)

in paragraph (1), by striking paragraph (2) and inserting paragraphs (2) and (3); and

(2)

by adding at the end the following new paragraph:

(3)

Ten percent set aside for evaluating and providing technical assistance to grantees

For the period of fiscal years 2024 through 2027, an amount equal to 10 percent of such amounts shall be used by the Secretary for the purpose of evaluating and providing technical assistance to eligible entities awarded grants under this section.

.

(c)

Use of reserved funds for national enrollment and retention strategies

Section 2113(h) of the Social Security Act (42 U.S.C. 1397mm(h)) is amended—

(1)

in paragraph (5), by striking ; and and inserting a semicolon;

(2)

by redesignating paragraph (6) as paragraph (7); and

(3)

by inserting after paragraph (5) the following new paragraph:

(6)

the development of materials and toolkits and the provision of technical assistance to States regarding enrollment and retention strategies for eligible children under this title and title XIX; and

.

II

Medicare Extenders

50201.

Extension of work GPCI floor

Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w–4(e)(1)(E)) is amended by striking January 1, 2018 and inserting January 1, 2020.

50202.

Repeal of Medicare payment cap for therapy services; limitation to ensure appropriate therapy

Section 1833(g) of the Social Security Act (42 U.S.C. 1395l(g)) is amended—

(1)

in paragraph (1)—

(A)

by striking Subject to paragraphs (4) and (5) and inserting (A) Subject to paragraphs (4) and (5);

(B)

in the subparagraph (A), as inserted and designated by subparagraph (A) of this paragraph, by adding at the end the following new sentence: The preceding sentence shall not apply to expenses incurred with respect to services furnished after December 31, 2017.; and

(C)

by adding at the end the following new subparagraph:

(B)

With respect to services furnished during 2018 or a subsequent year, in the case of physical therapy services of the type described in section 1861(p), speech-language pathology services of the type described in such section through the application of section 1861(ll)(2), and physical therapy services and speech-language pathology services of such type which are furnished by a physician or as incident to physicians’ services, with respect to expenses incurred in any calendar year, any amount that is more than the amount specified in paragraph (2) for the year shall not be considered as incurred expenses for purposes of subsections (a) and (b) unless the applicable requirements of paragraph (7) are met.

;

(2)

in paragraph (3)—

(A)

by striking Subject to paragraphs (4) and (5) and inserting (A) Subject to paragraphs (4) and (5);

(B)

in the subparagraph (A), as inserted and designated by subparagraph (A) of this paragraph, by adding at the end the following new sentence: The preceding sentence shall not apply to expenses incurred with respect to services furnished after December 31, 2017.; and

(C)

by adding at the end the following new subparagraph:.

(B)

With respect to services furnished during 2018 or a subsequent year, in the case of occupational therapy services (of the type that are described in section 1861(p) through the operation of section 1861(g) and of such type which are furnished by a physician or as incident to physicians' services), with respect to expenses incurred in any calendar year, any amount that is more than the amount specified in paragraph (2) for the year shall not be considered as incurred expenses for purposes of subsections (a) and (b) unless the applicable requirements of paragraph (7) are met.

;

(3)

in paragraph (5)—

(A)

by redesignating subparagraph (D) as paragraph (8) and moving such paragraph to immediately follow paragraph (7), as added by paragraph (4) of this section; and

(B)

in subparagraph (E)(iv), by inserting , except as such process is applied under paragraph (7)(B) before the period at the end; and

(4)

by adding at the end the following new paragraph:

(7)

For purposes of paragraphs (1)(B) and (3)(B), with respect to services described in such paragraphs, the requirements described in this paragraph are as follows:

(A)

Inclusion of appropriate modifier

The claim for such services contains an appropriate modifier (such as the KX modifier described in paragraph (5)(B)) indicating that such services are medically necessary as justified by appropriate documentation in the medical record involved.

(B)

Targeted medical review for certain services above threshold

(i)

In general

In the case where expenses that would be incurred for such services would exceed the threshold described in clause (ii) for the year, such services shall be subject to the process for medical review implemented under paragraph (5)(E).

(ii)

Threshold

The threshold under this clause for—

(I)

a year before 2028, is $3,000;

(II)

2028, is the amount specified in subclause (I) increased by the percentage increase in the MEI (as defined in section 1842(i)(3)) for 2028; and

(III)

a subsequent year, is the amount specified in this clause for the preceding year increased by the percentage increase in the MEI (as defined in section 1842(i)(3)) for such subsequent year;

except that if an increase under subclause (II) or (III) for a year is not a multiple of $10, it shall be rounded to the nearest multiple of $10.
(iii)

Application

The threshold under clause (ii) shall be applied separately—

(I)

for physical therapy services and speech-language pathology services; and

(II)

for occupational therapy services.

(iv)

Funding

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

.

50203.

Medicare ambulance services

(a)

Extension of certain ground ambulance add-on payments

(1)

Ground ambulance

Section 1834(l)(13)(A) of the Social Security Act (42 U.S.C. 1395m(l)(13)(A)) is amended by striking 2018 and inserting 2023 each place it appears.

(2)

Super rural ambulance

Section 1834(l)(12)(A) of the Social Security Act (42 U.S.C. 1395m(l)(12)(A)) is amended, in the first sentence, by striking 2018 and inserting 2023.

(b)

Requiring ground ambulance providers of services and suppliers to submit cost and other information

Section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is amended by adding at the end the following new paragraph:

(17)

Submission of cost and other information

(A)

Development of data collection system

The Secretary shall develop a data collection system (which may include use of a cost survey) to collect cost, revenue, utilization, and other information determined appropriate by the Secretary with respect to providers of services (in this paragraph referred to as providers) and suppliers of ground ambulance services. Such system shall be designed to collect information—

(i)

needed to evaluate the extent to which reported costs relate to payment rates under this subsection;

(ii)

on the utilization of capital equipment and ambulance capacity, including information consistent with the type of information described in section 1121(a); and

(iii)

on different types of ground ambulance services furnished in different geographic locations, including rural areas and low population density areas described in paragraph (12).

(B)

Specification of data collection system

(i)

In general

The Secretary shall—

(I)

not later than December 31, 2019, specify the data collection system under subparagraph (A); and

(II)

identify the providers and suppliers of ground ambulance services that would be required to submit information under such data collection system, including the representative sample described in clause (ii).

(ii)

Determination of representative sample

(I)

In general

Not later than December 31, 2019, with respect to the data collection for the first year under such system, and for each subsequent year through 2024, the Secretary shall determine a representative sample to submit information under the data collection system.

(II)

Requirements

The sample under subclause (I) shall be representative of the different types of providers and suppliers of ground ambulance services (such as those providers and suppliers that are part of an emergency service or part of a government organization) and the geographic locations in which ground ambulance services are furnished (such as urban, rural, and low population density areas).

(III)

Limitation

The Secretary shall not include an individual provider or supplier of ground ambulance services in the sample under subclause (I) in 2 consecutive years, to the extent practicable.

(C)

Reporting of cost information

For each year, a provider or supplier of ground ambulance services identified by the Secretary under subparagraph (B)(i)(II) as being required to submit information under the data collection system with respect to a period for the year shall submit to the Secretary information specified under the system. Such information shall be submitted in a form and manner, and at a time, specified by the Secretary for purposes of this subparagraph.

(D)

Payment reduction for failure to report

(i)

In general

Beginning January 1, 2022, subject to clause (ii), a 10 percent reduction to payments under this subsection shall be made for the applicable period (as defined in clause (ii)) to a provider or supplier of ground ambulance services that—

(I)

is required to submit information under the data collection system with respect to a period under subparagraph (C); and

(II)

does not sufficiently submit such information, as determined by the Secretary.

(ii)

Applicable period defined

For purposes of clause (i), the term applicable period means, with respect to a provider or supplier of ground ambulance services, a year specified by the Secretary not more than 2 years after the end of the period with respect to which the Secretary has made a determination under clause (i)(II) that the provider or supplier of ground ambulance services failed to sufficiently submit information under the data collection system.

(iii)

Hardship exemption

The Secretary may exempt a provider or supplier from the payment reduction under clause (i) with respect to an applicable period in the event of significant hardship, such as a natural disaster, bankruptcy, or other similar situation that the Secretary determines interfered with the ability of the provider or supplier of ground ambulance services to submit such information in a timely manner for the specified period.

(iv)

Informal review

The Secretary shall establish a process under which a provider or supplier of ground ambulance services may seek an informal review of a determination that the provider or supplier is subject to the payment reduction under clause (i).

(E)

Ongoing data collection

(i)

Revision of data collection system

The Secretary may, as the Secretary determines appropriate and, if available, taking into consideration the report (or reports) under subparagraph (F), revise the data collection system under subparagraph (A).

(ii)

Subsequent data collection

In order to continue to evaluate the extent to which reported costs relate to payment rates under this subsection and for other purposes the Secretary deems appropriate, the Secretary shall require providers and suppliers of ground ambulance services to submit information for years after 2024 as the Secretary determines appropriate, but in no case less often than once every 3 years.

(F)

Ground ambulance data collection system study

(i)

In general

Not later than March 15, 2023, and as determined necessary by the Medicare Payment Advisory Commission thereafter, such Commission shall assess, and submit to Congress a report on, information submitted by providers and suppliers of ground ambulance services through the data collection system under subparagraph (A), the adequacy of payments for ground ambulance services under this subsection, and geographic variations in the cost of furnishing such services.

(ii)

Contents

A report under clause (i) shall contain the following:

(I)

An analysis of information submitted through the data collection system.

(II)

An analysis of any burden on providers and suppliers of ground ambulance services associated with the data collection system.

(III)

A recommendation as to whether information should continue to be submitted through such data collection system or if such system should be revised under subparagraph (E)(i).

(IV)

Other information determined appropriate by the Commission.

(G)

Public availability

The Secretary shall post information on the results of the data collection under this paragraph on the Internet website of the Centers for Medicare & Medicaid Services, as determined appropriate by the Secretary.

(H)

Implementation

The Secretary shall implement this paragraph through notice and comment rulemaking.

(I)

Administration

Chapter 35 of title 44, United States Code, shall not apply to the collection of information required under this subsection.

(J)

Limitations on review

There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of the data collection system or identification of respondents under this paragraph.

(K)

Funding for implementation

For purposes of carrying out subparagraph (A), the Secretary shall provide for the transfer, from the Federal Supplementary Medical Insurance Trust Fund under section 1841, of $15,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for fiscal year 2018. Amounts transferred under this subparagraph shall remain available until expended.

.

50204.

Extension of increased inpatient hospital payment adjustment for certain low-volume hospitals

(a)

In general

Section 1886(d)(12) of the Social Security Act (42 U.S.C. 1395ww(d)(12)) is amended—

(1)

in subparagraph (B), in the matter preceding clause (i), by striking fiscal year 2018 and inserting fiscal year 2023;

(2)

in subparagraph (C)—

(A)

in clause (i)—

(i)

by striking through 2017 the first place it appears and inserting through 2022; and

(ii)

by striking and has less than 800 discharges and all that follows through the period at the end and inserting the following “and has—

(I)

with respect to each of fiscal years 2005 through 2010, less than 800 discharges during the fiscal year;

(II)

with respect to each of fiscal years 2011 through 2018, less than 1,600 discharges of individuals entitled to, or enrolled for, benefits under part A during the fiscal year or portion of fiscal year;

(III)

with respect to each of fiscal years 2019 through 2022, less than 3,800 discharges during the fiscal year; and

(IV)

with respect to fiscal year 2023 and each subsequent fiscal year, less than 800 discharges during the fiscal year.

; and

(B)

in clause (ii)—

(i)

by striking subparagraph (B) and inserting subparagraphs (B) and (D); and

(ii)

by inserting (except as provided in clause (i)(II) and subparagraph (D)(i)) after regardless; and

(3)

in subparagraph (D)—

(A)

by striking through 2017 and inserting through 2022;

(B)

by striking hospitals with 200 or fewer and inserting the following: “hospitals—

(i)

with respect to each of fiscal years 2011 through 2018, with 200 or fewer

;

(C)

by striking the period at the end and inserting or portion of fiscal year; and; and

(D)

by adding at the end the following new clause:

(ii)

with respect to each of fiscal years 2019 through 2022, with 500 or fewer discharges in the fiscal year to 0 percent for low-volume hospitals with greater than 3,800 discharges in the fiscal year.

.

(b)

MedPAC report on extension of increased inpatient hospital payment adjustment for certain low-volume hospitals

(1)

In general

Not later than March 15, 2022, the Medicare Payment Advisory Commission shall submit to Congress a report on the extension of the increased inpatient hospital payment adjustment for certain low-volume hospitals under section 1886(d)(12) of the Social Security Act (42 U.S.C. 1395ww(d)(12)) under the provisions of, and amendments made by, this section.

(2)

Contents

The report under paragraph (1) shall include an evaluation of the effects of such extension on the following:

(A)

Beneficiary utilization of inpatient hospital services under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.).

(B)

The financial status of hospitals with a low volume of Medicare or total inpatient admissions.

(C)

Program spending under such title XVIII.

(D)

Other matters relevant to evaluating the effects of such extension.

50205.

Extension of the Medicare-dependent hospital (MDH) program

(a)

In general

Section 1886(d)(5)(G) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(G)) is amended—

(1)

in clause (i), by striking October 1, 2017 and inserting October 1, 2022;

(2)

in clause (ii)(II), by striking October 1, 2017 and inserting October 1, 2022; and

(3)

in clause (iv), by striking subclause (I) and inserting the following new subclause:

(I)

that is located in—

(aa)

a rural area; or

(bb)

a State with no rural area (as defined in paragraph (2)(D)) and satisfies any of the criteria in subclause (I), (II), or (III) of paragraph (8)(E)(ii),

; and

(4)

by inserting after subclause (IV) the following new flush sentences:

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

.

(b)

Conforming amendments

(1)

Extension of target amount

Section 1886(b)(3)(D) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(D)) is amended—

(A)

in the matter preceding clause (i), by striking October 1, 2017 and inserting October 1, 2022; and

(B)

in clause (iv), by striking through fiscal year 2017 and inserting through fiscal year 2022.

(2)

Permitting hospitals to decline reclassification

Section 13501(e)(2) of the Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 1395ww note) is amended by striking through fiscal year 2017 and inserting through fiscal year 2022.

(c)

GAO study and report

(1)

Study

The Comptroller General of the United States (in this subsection referred to as the Comptroller General) shall conduct a study on the medicare-dependent, small rural hospital program under section 1886(d) of the Social Security Act (42 U.S.C. 1395x(d)). Such study shall include an analysis of the following:

(A)

The payor mix of medicare-dependent, small rural hospitals (as defined in paragraph (5)(G)(iv) of such section 1886(d)), how such mix will trend in future years (based on current trends and projections), and whether or not the requirement under subclause (IV) of such paragraph should be revised.

(B)

The characteristics of medicare-dependent, small rural hospitals that meet the requirement of such subclause (IV) through the application of paragraph (a)(iii)(A) or (a)(iii)(B) of section 412.108 of title 42, Code of Federal Regulations, including Medicare inpatient and outpatient utilization, payor mix, and financial status (including Medicare and total margins), and whether or not Medicare payments for such hospitals should be revised.

(C)

Such other items related to medicare-dependent, small rural hospitals as the Comptroller General determines appropriate.

(2)

Report

Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

50206.

Extension of funding for quality measure endorsement, input, and selection; reporting requirements

(a)

Extension of funding

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

(1)

in the first sentence—

(A)

by striking 2014 and and inserting 2014,; and

(B)

by inserting the following before the period: , and $7,500,000 for each of fiscal years 2018 and 2019; and

(2)

by adding at the end the following new sentence: Amounts transferred for each of fiscal years 2018 and 2019 shall be in addition to any unobligated funds transferred for a preceding fiscal year that are available under the preceding sentence.

(b)

Annual report by Secretary to Congress

Section 1890 of the Social Security Act (42 U.S.C. 1395aaa) is amended by adding at the end the following new subsection:

(e)

Annual report by Secretary to Congress

By not later than March 1 of each year (beginning with 2019), the Secretary shall submit to Congress a report containing the following:

(1)

A comprehensive plan that identifies the quality measurement needs of programs and initiatives of the Secretary and provides a strategy for using the entity with a contract under subsection (a) and any other entity the Secretary has contracted with or may contract with to perform work associated with section 1890A to help meet those needs, specifically with respect to the programs under this title and title XIX. In years after the first plan under this paragraph is submitted, the requirements of this paragraph may be met by providing an update to the plan.

(2)

The amount of funding provided under subsection (d) for purposes of carrying out this section and section 1890A that has been obligated by the Secretary, the amount of funding provided that has been expended, and the amount of funding provided that remains unobligated.

(3)

With respect to the activities described under this section or section 1890A, a description of how the funds described in paragraph (2) have been obligated or expended, including how much of that funding has been obligated or expended for work performed by the Secretary, the entity with a contract under subsection (a), and any other entity the Secretary has contracted with to perform work.

(4)

A description of the activities for which the funds described in paragraph (2) were used, including task orders and activities assigned to the entity with a contract under subsection (a), activities performed by the Secretary, and task orders and activities assigned to any other entity the Secretary has contracted with to perform work related to carrying out section 1890A.

(5)

The amount of funding described in paragraph (2) that has been obligated or expended for each of the activities described in paragraph (4).

(6)

Estimates for, and descriptions of, obligations and expenditures that the Secretary anticipates will be needed in the succeeding two year period to carry out each of the quality measurement activities required under this section and section 1890A, including any obligations that will require funds to be expended in a future year.

.

(c)

Revisions to annual report from consensus-based entity to Congress and the Secretary

(1)

In general

Section 1890(b)(5)(A) of the Social Security Act (42 U.S.C. 1395aaa(b)(5)(A)) is amended—

(A)

by redesignating clauses (i) through (vi) as subclauses (I) through (VI), respectively, and moving the margins accordingly;

(B)

in the matter preceding subclause (I), as redesignated by subparagraph (A), by striking containing a description of— and inserting “containing the following:

(i)

A description of—

; and

(C)

by adding at the end the following new clauses:

(ii)

An itemization of financial information for the fiscal year ending September 30 of the preceding year, including—

(I)

annual revenues of the entity (including any government funding, private sector contributions, grants, membership revenues, and investment revenue);

(II)

annual expenses of the entity (including grants paid, benefits paid, salaries or other compensation, fundraising expenses, and overhead costs); and

(III)

a breakdown of the amount awarded per contracted task order and the specific projects funded in each task order assigned to the entity.

(iii)

Any updates or modifications of internal policies and procedures of the entity as they relate to the duties of the entity under this section, including—

(I)

specifically identifying any modifications to the disclosure of interests and conflicts of interests for committees, work groups, task forces, and advisory panels of the entity; and

(II)

information on external stakeholder participation in the duties of the entity under this section (including complete rosters for all committees, work groups, task forces, and advisory panels funded through government contracts, descriptions of relevant interests and any conflicts of interest for members of all committees, work groups, task forces, and advisory panels, and the total percentage by health care sector of all convened committees, work groups, task forces, and advisory panels.

.

(2)

Effective date

The amendments made by this subsection shall apply to reports submitted for years beginning with 2019.

(d)

GAO study and report

(1)

Study

The Comptroller General of the United States shall conduct a study on health care quality measurement efforts funded under sections 1890 and 1890A of the Social Security Act (42 U.S.C. 1395aaa; 1395aaa–1). Such study shall include an examination of the following:

(A)

The extent to which the Secretary of Health and Human Services (in this subsection referred to as the Secretary) has set and prioritized objectives to be achieved for each of the quality measurement activities required under such sections 1890 and 1890A.

(B)

The efforts that the Secretary has undertaken to meet quality measurement objectives associated with such sections 1890 and 1890A, including division of responsibilities for those efforts within the Department of Health and Human Services and through contracts with a consensus-based entity under subsection (a) of such section 1890 (in this subsection referred to as the consensus-based entity) and other entities, and the extent of any overlap among the work performed by the Secretary, the consensus-based entity, the Measure Applications Partnership (MAP) convened by such entity to provide input to the Secretary on the selection of quality and efficiency measures, and any other entities the Secretary has contracted with to perform work related to carrying out such sections 1890 and 1890A.

(C)

The total amount of funding provided to the Secretary for purposes of carrying out such sections 1890 and 1890A, the amount of such funding that has been obligated or expended by the Secretary, and the amount of such funding that remains unobligated.

(D)

How the funds described in subparagraph (C) have been allocated, including how much of the funding has been allocated for work performed by the Secretary, the consensus-based entity, and any other entity the Secretary has contracted with to perform work related to carrying out such sections 1890 and 1890A, respectively, and descriptions of such work.

(E)

The extent to which the Secretary has developed a comprehensive and long-term plan to ensure that it can achieve quality measurement objectives related to carrying out such sections 1890 and 1890A in a timely manner and with efficient use of available resources, including the roles of the consensus-based entity, the Measure Applications Partnership (MAP), and any other entity the Secretary has contracted with to perform work related to such sections 1890 and 1890A in helping the Secretary achieve those objectives.

(2)

Report

Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

50207.

Extension of funding outreach and assistance for low-income programs; State health insurance assistance program reporting requirements

(a)

Funding extensions

(1)

Additional funding for State health insurance programs

Subsection (a)(1)(B) of section 119 of the Medicare Improvements for Patients and Providers Act of 2008 (42 U.S.C. 1395b–3 note), as amended by section 3306 of the Patient Protection and Affordable Care Act (Public Law 111–148), section 610 of the American Taxpayer Relief Act of 2012 (Public Law 112–240), section 1110 of the Pathway for SGR Reform Act of 2013 (Public Law 113–67), section 110 of the Protecting Access to Medicare Act of 2014 (Public Law 113–93), and section 208 of the Medicare Access and CHIP Reauthorization Act of 2015 (Public Law 114–10) is amended—

(A)

in clause (vi), by striking and at the end;

(B)

in clause (vii), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following new clauses:

(viii)

for fiscal year 2018, of $13,000,000; and

(ix)

for fiscal year 2019, of $13,000,000.

.

(2)

Additional funding for area agencies on aging

Subsection (b)(1)(B) of such section 119, as so amended, is amended—

(A)

in clause (vi), by striking and at the end;

(B)

in clause (vii), by striking the period at the end and inserting ; and; and

(C)

by inserting after clause (vii) the following new clauses:

(viii)

for fiscal year 2018, of $7,500,000; and

(ix)

for fiscal year 2019, of $7,500,000.

.

(3)

Additional funding for aging and disability resource centers

Subsection (c)(1)(B) of such section 119, as so amended, is amended—

(A)

in clause (vi), by striking and at the end;

(B)

in clause (vii), by striking the period at the end and inserting ; and; and

(C)

by inserting after clause (vii) the following new clauses:

(viii)

for fiscal year 2018, of $5,000,000; and

(ix)

for fiscal year 2019, of $5,000,000.

.

(4)

Additional funding for contract with the national center for benefits and outreach enrollment

Subsection (d)(2) of such section 119, as so amended, is amended—

(A)

in clause (vi), by striking and at the end;

(B)

in clause (vii), by striking the period at the end and inserting ; and; and

(C)

by inserting after clause (vii) the following new clauses:

(viii)

for fiscal year 2018, of $12,000,000; and

(ix)

for fiscal year 2019, of $12,000,000.

.

(b)

State health insurance assistance program reporting requirements

Beginning not later than April 1, 2019, and biennially thereafter, the Agency for Community Living shall electronically post on its website the following information, with respect to grants to States for State health insurance assistance programs, (such information to be presented by State and by entity receiving funds from the State to carry out such a program funded by such grant):

(1)

The amount of Federal funding provided to each such State for such program for the period involved and the amount of Federal funding provided by each such State for such program to each such entity for the period involved.

(2)

Information as the Secretary may specify, with respect to such programs carried out through such grants, consistent with the terms and conditions for receipt of such grants.

50208.

Extension of home health rural add-on

(a)

Extension

(1)

In general

Section 421 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173; 117 Stat. 2283; 42 U.S.C. 1395fff note), as amended by section 5201(b) of the Deficit Reduction Act of 2005 (Public Law 109–171; 120 Stat. 46), section 3131(c) of the Patient Protection and Affordable Care Act (Public Law 111–148; 124 Stat. 428), and section 210 of the Medicare Access and CHIP Reauthorization Act of 2015 (Public Law 114–10; 129 Stat. 151) is amended—

(A)

in subsection (a), by striking January 1, 2018 and inserting January 1, 2019 each place it appears;

(B)

by redesignating subsections (b) and (c) as subsections (c) and (d), respectively;

(C)

in each of subsections (c) and (d), as so redesignated, by striking subsection (a) and inserting subsection (a) or (b); and

(D)

by inserting after subsection (a) the following new subsection:

(b)

Subsequent temporary increase

(1)

In general

The Secretary shall increase the payment amount otherwise made under such section 1895 for home health services furnished in a county (or equivalent area) in a rural area (as defined in such section 1886(d)(2)(D)) that, as determined by the Secretary—

(A)

is in the highest quartile of all counties (or equivalent areas) based on the number of Medicare home health episodes furnished per 100 individuals who are entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act or enrolled for benefits under part B of such title (but not enrolled in a plan under part C of such title)—

(i)

in the case of episodes and visits ending during 2019, by 1.5 percent; and

(ii)

in the case of episodes and visits ending during 2020, by 0.5 percent;

(B)

has a population density of 6 individuals or fewer per square mile of land area and is not described in subparagraph (A)—

(i)

in the case of episodes and visits ending during 2019, by 4 percent;

(ii)

in the case of episodes and visits ending during 2020, by 3 percent;

(iii)

in the case of episodes and visits ending during 2021, by 2 percent; and

(iv)

in the case of episodes and visits ending during 2022, by 1 percent; and

(C)

is not described in either subparagraph (A) or (B)—

(i)

in the case of episodes and visits ending during 2019, by 3 percent;

(ii)

in the case of episodes and visits ending during 2020, by 2 percent; and

(iii)

in the case of episodes and visits ending during 2021, by 1 percent.

(2)

Rules for determinations

(A)

No switching

For purposes of this subsection, the determination by the Secretary as to which subparagraph of paragraph (1) applies to a county (or equivalent area) shall be made a single time and shall apply for the duration of the period to which this subsection applies.

(B)

Utilization

In determining which counties (or equivalent areas) are in the highest quartile under paragraph (1)(A), the following rules shall apply:

(i)

The Secretary shall use data from 2015.

(ii)

The Secretary shall exclude data from the territories (and the territories shall not be described in such paragraph).

(iii)

The Secretary may exclude data from counties (or equivalent areas) in rural areas with a low volume of home health episodes (and if data is so excluded with respect to a county (or equivalent area), such county (or equivalent area) shall not be described in such paragraph).

(C)

Population density

In determining population density under paragraph (1)(B), the Secretary shall use data from the 2010 decennial Census.

(3)

Limitations on review

There shall be no administrative or judicial review under section 1869, section 1878, or otherwise of determinations under paragraph (1).

.

(2)

Requirement to submit county data on claim form

Section 1895(c) of the Social Security Act (42 U.S.C. 1395fff(c)) is amended—

(A)

in paragraph (1), by striking and at the end;

(B)

in paragraph (2), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following new paragraph:

(3)

in the case of home health services furnished on or after January 1, 2019, the claim contains the code for the county (or equivalent area) in which the home health service was furnished.

.

(b)

HHS OIG analysis

Not later than January 1, 2023, the Inspector General of the Department of Health and Human Services shall submit to Congress—

(1)

an analysis of the home health claims and utilization of home health services by county (or equivalent area) under the Medicare program; and

(2)

recommendations the Inspector General determines appropriate based on such analysis.

III

Creating High-Quality Results and Outcomes Necessary to Improve Chronic (CHRONIC) Care

A

Receiving High Quality Care in the Home

50301.

Extending the Independence at Home Demonstration Program

(a)

In general

Section 1866E of the Social Security Act (42 U.S.C. 1395cc–5) is amended—

(1)

in subsection (e)—

(A)

in paragraph (1)—

(i)

by striking An agreement and inserting Agreements; and

(ii)

by striking 5-year and inserting 7-year; and

(B)

in paragraph (5)—

(i)

by striking 10,000 and inserting 15,000; and

(ii)

by adding at the end the following new sentence: An applicable beneficiary that participates in the demonstration program by reason of the increase from 10,000 to 15,000 in the preceding sentence pursuant to the amendment made by section 50301(a)(1)(B)(i) of the Advancing Chronic Care, Extenders, and Social Services Act shall be considered in the spending target estimates under paragraph (1) of subsection (c) and the incentive payment calculations under paragraph (2) of such subsection for the sixth and seventh years of such program.;

(2)

in subsection (g), in the first sentence, by inserting , including, to the extent practicable, with respect to the use of electronic health information systems, as described in subsection (b)(1)(A)(vi) after under the demonstration program; and

(3)

in subsection (i)(1)(A), by striking will not receive an incentive payment for the second of 2 and inserting did not achieve savings for the third of 3.

(b)

Effective date

The amendment made by subsection (a)(3) shall take effect as if included in the enactment of Public Law 111–148.

50302.

Expanding access to home dialysis therapy

(a)

In general

Section 1881(b)(3) of the Social Security Act (42 U.S.C. 1395rr(b)(3)) is amended—

(1)

by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;

(2)

in clause (ii), as redesignated by paragraph (1), by striking on a comprehensive and insert subject to subparagraph (B), on a comprehensive;

(3)

by striking With respect to and inserting (A) With respect to; and

(4)

by adding at the end the following new subparagraph:

(B)
(i)

For purposes of subparagraph (A)(ii), subject to clause (ii), an individual determined to have end stage renal disease receiving home dialysis may choose to receive monthly end stage renal disease-related clinical assessments furnished on or after January 1, 2019, via telehealth.

(ii)

Clause (i) shall apply to an individual only if the individual receives a face-to-face clinical assessment, without the use of telehealth—

(I)

in the case of the initial 3 months of home dialysis of such individual, at least monthly; and

(II)

after such initial 3 months, at least once every 3 consecutive months.

.

(b)

Originating site requirements

(1)

In general

Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended—

(A)

in paragraph (4)(C)(ii), by adding at the end the following new subclauses:

(IX)

A renal dialysis facility, but only for purposes of section 1881(b)(3)(B).

(X)

The home of an individual, but only for purposes of section 1881(b)(3)(B).

; and

(B)

by adding at the end the following new paragraph:

(5)

Treatment of home dialysis monthly ESRD-related visit

The geographic requirements described in paragraph (4)(C)(i) shall not apply with respect to telehealth services furnished on or after January 1, 2019, for purposes of section 1881(b)(3)(B), at an originating site described in subclause (VI), (IX), or (X) of paragraph (4)(C)(ii).

.

(2)

No facility fee if originating site for home dialysis therapy is the home

Section 1834(m)(2)(B) of the Social Security (42 U.S.C. 1395m(m)(2)(B)) is amended—

(A)

by redesignating clauses (i) and (ii) as subclauses (I) and (II), and indenting appropriately;

(B)

in subclause (II), as redesignated by subparagraph (A), by striking clause (i) or this clause and inserting subclause (I) or this subclause;

(C)

by striking site.—With respect to and inserting “site.—

(i)

In general

Subject to clause (ii), with respect to

; and

(D)

by adding at the end the following new clause:

(ii)

No facility fee if originating site for home dialysis therapy is the home

No facility fee shall be paid under this subparagraph to an originating site described in paragraph (4)(C)(ii)(X).

.

(c)

Clarification regarding telehealth provided to beneficiaries

Section 1128A(i)(6) of the Social Security Act (42 U.S.C. 1320a–7a(i)(6)) is amended—

(1)

in subparagraph (H), by striking or at the end;

(2)

in subparagraph (I), by striking the period at the end and inserting ; or; and

(3)

by adding at the end the following new subparagraph:

(J)

the provision of telehealth technologies (as defined by the Secretary) on or after January 1, 2019, by a provider of services or a renal dialysis facility (as such terms are defined for purposes of title XVIII) to an individual with end stage renal disease who is receiving home dialysis for which payment is being made under part B of such title, if—

(i)

the telehealth technologies are not offered as part of any advertisement or solicitation;

(ii)

the telehealth technologies are provided for the purpose of furnishing telehealth services related to the individual’s end stage renal disease; and

(iii)

the provision of the telehealth technologies meets any other requirements set forth in regulations promulgated by the Secretary.

.

(d)

Conforming amendment

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

B

Advancing Team-Based Care

50311.

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

(a)

Extension

Section 1859(f)(1) of the Social Security Act (42 U.S.C. 1395w–28(f)(1)) is amended by striking and for periods before January 1, 2019.

(b)

Increased integration of dual SNPs

(1)

In general

Section 1859(f) of the Social Security Act (42 U.S.C. 1395w–28(f)) is amended—

(A)

in paragraph (3), by adding at the end the following new subparagraph:

(F)

The plan meets the requirements applicable under paragraph (8).

; and

(B)

by adding at the end the following new paragraph:

(8)

Increased integration of dual SNPs

(A)

Designated contact

The Secretary, acting through the Federal Coordinated Health Care Office established under section 2602 of Public Law 111–148, shall serve as a dedicated point of contact for States to address misalignments that arise with the integration of specialized MA plans for special needs individuals described in subsection (b)(6)(B)(ii) under this paragraph and, consistent with such role, shall establish—

(i)

a uniform process for disseminating to State Medicaid agencies information under this title impacting contracts between such agencies and such plans under this subsection; and

(ii)

basic resources for States interested in exploring such plans as a platform for integration, such as a model contract or other tools to achieve those goals.

(B)

Unified grievances and appeals process

(i)

In general

Not later than April 1, 2020, the Secretary shall establish procedures, to the extent feasible as determined by the Secretary, unifying grievances and appeals procedures under sections 1852(f), 1852(g), 1902(a)(3), 1902(a)(5), and 1932(b)(4) for items and services provided by specialized MA plans for special needs individuals described in subsection (b)(6)(B)(ii) under this title and title XIX. With respect to items and services described in the preceding sentence, procedures established under this clause shall apply in place of otherwise applicable grievances and appeals procedures. The Secretary shall solicit comment in developing such procedures from States, plans, beneficiaries and their representatives, and other relevant stakeholders.

(ii)

Procedures

The procedures established under clause (i) shall be included in the plan contract under paragraph (3)(D) and shall—

(I)

adopt the provisions for the enrollee that are most protective for the enrollee and, to the extent feasible as determined by the Secretary, are compatible with unified timeframes and consolidated access to external review under an integrated process;

(II)

take into account differences in State plans under title XIX to the extent necessary;

(III)

be easily navigable by an enrollee; and

(IV)

include the elements described in clause (iii), as applicable.

(iii)

Elements described

Both unified appeals and unified grievance procedures shall include, as applicable, the following elements described in this clause:

(I)

Single written notification of all applicable grievances and appeal rights under this title and title XIX. For purposes of this subparagraph, the Secretary may waive the requirements under section 1852(g)(1)(B) when the specialized MA plan covers items or services under this part or under title XIX.

(II)

Single pathways for resolution of any grievance or appeal related to a particular item or service provided by specialized MA plans for special needs individuals described in subsection (b)(6)(B)(ii) under this title and title XIX.

(III)

Notices written in plain language and available in a language and format that is accessible to the enrollee, including in non-English languages that are prevalent in the service area of the specialized MA plan.

(IV)

Unified timeframes for grievances and appeals processes, such as an individual’s filing of a grievance or appeal, a plan’s acknowledgment and resolution of a grievance or appeal, and notification of decisions with respect to a grievance or appeal.

(V)

Requirements for how the plan must process, track, and resolve grievances and appeals, to ensure beneficiaries are notified on a timely basis of decisions that are made throughout the grievance or appeals process and are able to easily determine the status of a grievance or appeal.

(iv)

Continuation of benefits pending appeal

The unified procedures under clause (i) shall, with respect to all benefits under parts A and B and title XIX subject to appeal under such procedures, incorporate provisions under current law and implementing regulations that provide continuation of benefits pending appeal under this title and title XIX.

(C)

Requirement for unified grievances and appeals

For 2021 and subsequent years, the contract of a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(ii) with a State Medicaid agency under paragraph (3)(D) shall require the use of unified grievances and appeals procedures as described in subparagraph (B).

(D)

Requirements for integration

(i)

In general

For 2021 and subsequent years, a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(ii) shall meet one or more of the following requirements, to the extent permitted under State law, for integration of benefits under this title and title XIX:

(I)

The specialized MA plan must meet the requirements of contracting with the State Medicaid agency described in paragraph (3)(D) in addition to coordinating long-term services and supports or behavioral health services, or both, by meeting an additional minimum set of requirements determined by the Secretary through the Federal Coordinated Health Care Office established under section 2602 of the Patient Protection and Affordable Care Act based on input from stakeholders, such as notifying the State in a timely manner of hospitalizations, emergency room visits, and hospital or nursing home discharges of enrollees, assigning one primary care provider for each enrollee, or sharing data that would benefit the coordination of items and services under this title and the State plan under title XIX. Such minimum set of requirements must be included in the contract of the specialized MA plan with the State Medicaid agency under such paragraph.

(II)

The specialized MA plan must meet the requirements of a fully integrated plan described in section 1853(a)(1)(B)(iv)(II) (other than the requirement that the plan have similar average levels of frailty, as determined by the Secretary, as the PACE program), or enter into a capitated contract with the State Medicaid agency to provide long-term services and supports or behavioral health services, or both.

(III)

In the case of a specialized MA plan that is offered by a parent organization that is also the parent organization of a Medicaid managed care organization providing long term services and supports or behavioral services under a contract under section 1903(m), the parent organization must assume clinical and financial responsibility for benefits provided under this title and title XIX with respect to any individual who is enrolled in both the specialized MA plan and the Medicaid managed care organization.

(ii)

Suspension of enrollment for failure to meet requirements during initial period

During the period of plan years 2021 through 2025, if the Secretary determines that a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(ii) has failed to comply with clause (i), the Secretary may provide for the application against the Medicare Advantage organization offering the plan of the remedy described in section 1857(g)(2)(B) in the same manner as the Secretary may apply such remedy, and in accordance with the same procedures as would apply, in the case of an MA organization determined by the Secretary to have engaged in conduct described in section 1857(g)(1). If the Secretary applies such remedy to a Medicare Advantage organization under the preceding sentence, the organization shall submit to the Secretary (at a time, and in a form and manner, specified by the Secretary) information describing how the plan will come into compliance with clause (i).

(E)

Study and report to Congress

(i)

In general

Not later than March 15, 2022, and, subject to clause (iii), biennially thereafter through 2032, the Medicare Payment Advisory Commission established under section 1805, in consultation with the Medicaid and CHIP Payment and Access Commission established under section 1900, shall conduct (and submit to the Secretary and the Committees on Ways and Means and Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report on) a study to determine how specialized MA plans for special needs individuals described in subsection (b)(6)(B)(ii) perform among each other based on data from Healthcare Effectiveness Data and Information Set (HEDIS) quality measures, reported on the plan level, as required under section 1852(e)(3) (or such other measures or data sources that are available and appropriate, such as encounter data and Consumer Assessment of Healthcare Providers and Systems data, as specified by such Commissions as enabling an accurate evaluation under this subparagraph). Such study shall include, as feasible, the following comparison groups of specialized MA plans for special needs individuals described in subsection (b)(6)(B)(ii):

(I)

A comparison group of such plans that are described in subparagraph (D)(i)(I).

(II)

A comparison group of such plans that are described in subparagraph (D)(i)(II).

(III)

A comparison group of such plans operating within the Financial Alignment Initiative demonstration for the period for which such plan is so operating and the demonstration is in effect, and, in the case that an integration option that is not with respect to specialized MA plans for special needs individuals is established after the conclusion of the demonstration involved.

(IV)

A comparison group of such plans that are described in subparagraph (D)(i)(III).

(V)

A comparison group of MA plans, as feasible, not described in a previous subclause of this clause, with respect to the performance of such plans for enrollees who are special needs individuals described in subsection (b)(6)(B)(ii).

(ii)

Additional reports

Beginning with 2033 and every five years thereafter, the Medicare Payment Advisory Commission, in consultation with the Medicaid and CHIP Payment and Access Commission, shall conduct a study described in clause (i).

.

(2)

Conforming amendment to responsibilities of federal coordinated health care office

Section 2602(d) of Public Law 111–148 (42 U.S.C. 1315b(d)) is amended by adding at the end the following new paragraphs:

(6)

To act as a designated contact for States under subsection (f)(8)(A) of section 1859 of the Social Security Act (42 U.S.C. 1395w–28) with respect to the integration of specialized MA plans for special needs individuals described in subsection (b)(6)(B)(ii) of such section.

(7)

To be responsible, subject to the final approval of the Secretary, for developing regulations and guidance related to the implementation of a unified grievance and appeals process as described in subparagraphs (B) and (C) of section 1859(f)(8) of the Social Security Act (42 U.S.C. 1395w–28(f)(8)).

(8)

To be responsible, subject to the final approval of the Secretary, for developing regulations and guidance related to the integration or alignment of policy and oversight under the Medicare program under title XVIII of such Act and the Medicaid program under title XIX of such Act regarding specialized MA plans for special needs individuals described in subsection (b)(6)(B)(ii) of such section 1859.

.

(c)

Improvements to Severe or Disabling Chronic Condition SNPs

(1)

Care management requirements

Section 1859(f)(5) of the Social Security Act (42 U.S.C. 1395w–28(f)(5)) is amended—

(A)

by striking all snps.—The requirements and inserting

all SNPs.—

(A)

In general

Subject to subparagraph (B), the requirements

;

(B)

by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; and

(C)

in clause (ii), as redesignated by subparagraph (B), by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately; and

(D)

by adding at the end the following new subparagraph:

(B)

Improvements to care management requirements for severe or disabling chronic condition snps

For 2020 and subsequent years, in the case of a specialized MA plan for special needs individuals described in subsection (b)(6)(B)(iii), the requirements described in this paragraph include the following:

(i)

The interdisciplinary team under subparagraph (A)(ii)(III) includes a team of providers with demonstrated expertise, including training in an applicable specialty, in treating individuals similar to the targeted population of the plan.

(ii)

Requirements developed by the Secretary to provide face-to-face encounters with individuals enrolled in the plan not less frequently than on an annual basis.

(iii)

As part of the model of care under clause (i) of subparagraph (A), the results of the initial assessment and annual reassessment under clause (ii)(I) of such subparagraph of each individual enrolled in the plan are addressed in the individual’s individualized care plan under clause (ii)(II) of such subparagraph.

(iv)

As part of the annual evaluation and approval of such model of care, the Secretary shall take into account whether the plan fulfilled the previous year’s goals (as required under the model of care).

(v)

The Secretary shall establish a minimum benchmark for each element of the model of care of a plan. The Secretary shall only approve a plan’s model of care under this paragraph if each element of the model of care meets the minimum benchmark applicable under the preceding sentence.

.

(2)

Revisions to the definition of a severe or disabling chronic conditions specialized needs individual

(A)

In general

Section 1859(b)(6)(B)(iii) of the Social Security Act (42 U.S.C. 1395w–28(b)(6)(B)(iii)) is amended—

(i)

by striking who have and inserting

who—

(I)

before January 1, 2022, have

;

(ii)

in subclause (I), as added by clause (i), by striking the period at the end and inserting ; and; and

(iii)

by adding at the end the following new subclause:

(II)

on or after January 1, 2022, have one or more comorbid and medically complex chronic conditions that is life threatening or significantly limits overall health or function, have a high risk of hospitalization or other adverse health outcomes, and require intensive care coordination and that is listed under subsection (f)(9)(A).

.

(B)

Panel of clinical advisors

Section 1859(f) of the Social Security Act (42 U.S.C. 1395w–28(f)), as amended by subsection (b), is amended by adding at the end the following new paragraph:

(9)

List of conditions for clarification of the definition of a severe or disabling chronic conditions specialized needs individual

(A)

In general

Not later than December 31, 2020, and every 5 years thereafter, subject to subparagraphs (B) and (C), the Secretary shall convene a panel of clinical advisors to establish and update a list of conditions that meet each of the following criteria:

(i)

Conditions that meet the definition of a severe or disabling chronic condition under subsection (b)(6)(B)(iii) on or after January 1, 2022.

(ii)

Conditions that require prescription drugs, providers, and models of care that are unique to the specific population of enrollees in a specialized MA plan for special needs individuals described in such subsection on or after such date and—

(I)

as a result of access to, and enrollment in, such a specialized MA plan for special needs individuals, individuals with such condition would have a reasonable expectation of slowing or halting the progression of the disease, improving health outcomes and decreasing overall costs for individuals diagnosed with such condition compared to available options of care other than through such a specialized MA plan for special needs individuals; or

(II)

have a low prevalence in the general population of beneficiaries under this title or a disproportionally high per-beneficiary cost under this title.

(B)

Inclusion of certain conditions

The conditions listed under subparagraph (A) shall include HIV/AIDS, end stage renal disease, and chronic and disabling mental illness.

(C)

Requirement

In establishing and updating the list under subparagraph (A), the panel shall take into account the availability of varied benefits, cost-sharing, and supplemental benefits under the model described in paragraph (2) of section 1859(h), including the expansion under paragraph (1) of such section.

.

(d)

Quality Measurement at the Plan Level for SNPs and Determination of Feasability of Quality Measurement at the Plan Level for All MA Plans

Section 1853(o) of the Social Security Act (42 U.S.C. 1395w–23(o)) is amended by adding at the end the following new paragraphs:

(6)

Quality measurement at the plan level for snps

(A)

In general

Subject to subparagraph (B), the Secretary may require reporting of data under section 1852(e) for, and apply under this subsection, quality measures at the plan level for specialized MA plans for special needs individuals instead of at the contract level.

(B)

Considerations

Prior to applying quality measurement at the plan level under this paragraph, the Secretary shall—

(i)

take into consideration the minimum number of enrollees in a specialized MA plan for special needs individuals in order to determine if a statistically significant or valid measurement of quality at the plan level is possible under this paragraph;

(ii)

take into consideration the impact of such application on plans that serve a disproportionate number of individuals dually eligible for benefits under this title and under title XIX;

(iii)

if quality measures are reported at the plan level, ensure that MA plans are not required to provide duplicative information; and

(iv)

ensure that such reporting does not interfere with the collection of encounter data submitted by MA organizations or the administration of any changes to the program under this part as a result of the collection of such data.

(C)

Application

If the Secretary applies quality measurement at the plan level under this paragraph—

(i)

such quality measurement may include Medicare Health Outcomes Survey (HOS), Healthcare Effectiveness Data and Information Set (HEDIS), Consumer Assessment of Healthcare Providers and Systems (CAHPS) measures and quality measures under part D; and

(ii)

the Secretary shall consider applying administrative actions, such as remedies described in section 1857(g)(2), at the plan level.

(7)

Determination of feasibility of quality measurement at the plan level for all ma plans

(A)

Determination of feasibility

The Secretary shall determine the feasibility of requiring reporting of data under section 1852(e) for, and applying under this subsection, quality measures at the plan level for all MA plans under this part.

(B)

Consideration of change

After making a determination under subparagraph (A), the Secretary shall consider requiring such reporting and applying such quality measures at the plan level as described in such subparagraph

.

(e)

GAO Study and Report on State-Level Integration Between Dual SNPs and Medicaid

(1)

Study

The Comptroller General of the United States (in this subsection referred to as the Comptroller General) shall conduct a study on State-level integration between specialized MA plans for special needs individuals described in subsection (b)(6) (B)(ii) of section 1859 of the Social Security Act (42 U.S.C. 1395w–28) and the Medicaid program under title XIX of such Act (42 U.S.C. 1396 et seq.). Such study shall include an analysis of the following:

(A)

The characteristics of States in which the State agency responsible for administering the State plan under such title XIX has a contract with such a specialized MA plan and that delivers long-term services and supports under the State plan under such title XIX through a managed care program, including the requirements under such State plan with respect to long-term services and supports.

(B)

The types of such specialized MA plans, which may include the following:

(i)

A plan described in section 1853(a)(1)(B)(iv)(II) of such Act (42 U.S.C. 1395w–23(a)(1)(B)(iv)(II)).

(ii)

A plan that meets the requirements described in subsection (f)(3)(D) of such section 1859.

(iii)

A plan described in clause (ii) that also meets additional requirements established by the State.

(C)

The characteristics of individuals enrolled in such specialized MA plans.

(D)

As practicable, the following with respect to State programs for the delivery of long-term services and supports under such title XIX through a managed care program:

(i)

Which populations of individuals are eligible to receive such services and supports.

(ii)

Whether all such services and supports are provided on a capitated basis or if any of such services and supports are carved out and provided through fee-for service.

(E)

As practicable, how the availability and variation of integration arrangements of such specialized MA plans offered in States affects spending, service delivery options, access to community-based care, and utilization of care.

(F)

The efforts of State Medicaid programs to transition dually-eligible beneficiaries receiving long-term services and supports (LTSS) from institutional settings to home and community-based settings and related financial impacts of such transitions.

(G)

Barriers and opportunities for making further progress on dual integration, as well as recommendations for legislation or administrative action to expedite or refine pathways toward fully integrated care.

(2)

Report

Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

C

Expanding Innovation and Technology

50321.

Adapting benefits to meet the needs of chronically ill Medicare Advantage enrollees

Section 1859 of the Social Security Act (42 U.S.C. 1395w–28) is amended by adding at the end the following new subsection:

(h)

National testing of Medicare Advantage Value-Based Insurance Design model

(1)

In general

In implementing the Medicare Advantage Value-Based Insurance Design model that is being tested under section 1115A(b), the Secretary shall revise the testing of the model under such section to cover, effective not later than January 1, 2020, all States.

(2)

Termination and modification provision not applicable until January 1, 2022

The provisions of section 1115A(b)(3)(B) shall apply to the Medicare Advantage Value-Based Insurance Design model, including such model as revised under paragraph (1), beginning January 1, 2022, but shall not apply to such model, as so revised, prior to such date.

(3)

Funding

The Secretary shall allocate funds made available under section 1115A(f)(1) to design, implement, and evaluate the Medicare Advantage Value-Based Insurance Design model, as revised under paragraph (1).

.

50322.

Expanding supplemental benefits to meet the needs of chronically ill Medicare Advantage enrollees

(a)

In general

Section 1852(a)(3) of the Social Security Act (42 U.S.C. 1395w–22(a)(3)) is amended—

(1)

in subparagraph (A), by striking Each and inserting Subject to subparagraph (D), each; and

(2)

by adding at the end the following new subparagraph:

(D)

Expanding supplemental benefits to meet the needs of chronically ill enrollees

(i)

In general

For plan year 2020 and subsequent plan years, in addition to any supplemental health care benefits otherwise provided under this paragraph, an MA plan, including a specialized MA plan for special needs individuals (as defined in section 1859(b)(6)), may provide supplemental benefits described in clause (ii) to a chronically ill enrollee (as defined in clause (iii)).

(ii)

Supplemental benefits described

(I)

In general

Supplemental benefits described in this clause are supplemental benefits that, with respect to a chronically ill enrollee, have a reasonable expectation of improving or maintaining the health or overall function of the chronically ill enrollee and may not be limited to being primarily health related benefits.

(II)

Authority to waive uniformity requirements

The Secretary may, only with respect to supplemental benefits provided to a chronically ill enrollee under this subparagraph, waive the uniformity requirements under this part, as determined appropriate by the Secretary.

(iii)

Chronically ill enrollee defined

In this subparagraph, the term chronically ill enrollee means an enrollee in an MA plan that the Secretary determines—

(I)

has one or more comorbid and medically complex chronic conditions that is life threatening or significantly limits the overall health or function of the enrollee;

(II)

has a high risk of hospitalization or other adverse health outcomes; and

(III)

requires intensive care coordination.

.

(b)

GAO study and report

(1)

Study

The Comptroller General of the United States (in this subsection referred to as the Comptroller General) shall conduct a study on supplemental benefits provided to enrollees in Medicare Advantage plans under part C of title XVIII of the Social Security Act, including specialized MA plans for special needs individuals (as defined in section 1859(b)(6) of such Act (42 U.S.C. 1395w–28(b)(6))). To the extend data are available, such study shall include an analysis of the following:

(A)

The type of supplemental benefits provided to such enrollees, the total number of enrollees receiving each supplemental benefit, and whether the supplemental benefit is covered by the standard benchmark cost of the benefit or with an additional premium.

(B)

The frequency in which supplemental benefits are utilized by such enrollees.

(C)

The impact supplemental benefits have on—

(i)

indicators of the quality of care received by such enrollees, including overall health and function of the enrollees;

(ii)

the utilization of items and services for which benefits are available under the original Medicare fee-for-service program option under parts A and B of such title XVIII by such enrollees; and

(iii)

the amount of the bids submitted by Medicare Advantage Organizations for Medicare Advantage plans under such part C.

(2)

Consultation

In conducting the study under paragraph (1), the Comptroller General shall, as necessary, consult with the Centers for Medicare & Medicaid Services and Medicare Advantage organizations offering Medicare Advantage plans.

(3)

Report

Not later than 5 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate.

50323.

Increasing convenience for Medicare Advantage enrollees through telehealth

(a)

In general

Section 1852 of the Social Security Act (42 U.S.C. 1395w–22) is amended—

(1)

in subsection (a)(1)(B)(i), by inserting , subject to subsection (m), after means; and

(2)

by adding at the end the following new subsection:

(m)

Provision of additional telehealth benefits

(1)

MA plan option

For plan year 2020 and subsequent plan years, subject to the requirements of paragraph (3), an MA plan may provide additional telehealth benefits (as defined in paragraph (2)) to individuals enrolled under this part.

(2)

Additional telehealth benefits defined

(A)

In general

For purposes of this subsection and section 1854:

(i)

Definition

The term additional telehealth benefits means services—

(I)

for which benefits are available under part B, including services for which payment is not made under section 1834(m) due to the conditions for payment under such section; and

(II)

that are identified for such year as clinically appropriate to furnish using electronic information and telecommunications technology when a physician (as defined in section 1861(r)) or practitioner (described in section 1842(b)(18)(C)) providing the service is not at the same location as the plan enrollee.

(ii)

Exclusion of capital and infrastructure costs and investments

The term additional telehealth benefits does not include capital and infrastructure costs and investments relating to such benefits.

(B)

Public comment

Not later than November 30, 2018, the Secretary shall solicit comments on—

(i)

what types of items and services (including those provided through supplemental health care benefits, such as remote patient monitoring, secure messaging, store and forward technologies, and other non-face-to-face communication) should be considered to be additional telehealth benefits; and

(ii)

the requirements for the provision or furnishing of such benefits (such as training and coordination requirements).

(3)

Requirements for additional telehealth benefits

The Secretary shall specify requirements for the provision or furnishing of additional telehealth benefits, including with respect to the following:

(A)

Physician or practitioner qualifications (other than licensure) and other requirements such as specific training.

(B)

Factors necessary for the coordination of such benefits with other items and services including those furnished in-person.

(C)

Such other areas as determined by the Secretary.

(4)

Enrollee choice

If an MA plan provides a service as an additional telehealth benefit (as defined in paragraph (2))—

(A)

the MA plan shall also provide access to such benefit through an in-person visit (and not only as an additional telehealth benefit); and

(B)

an individual enrollee shall have discretion as to whether to receive such service through the in-person visit or as an additional telehealth benefit.

(5)

Treatment under MA

For purposes of this subsection and section 1854, if a plan provides additional telehealth benefits, such additional telehealth benefits shall be treated as if they were benefits under the original Medicare fee-for-service program option.

(6)

Construction

Nothing in this subsection shall be construed as affecting the requirement under subsection (a)(1) that MA plans provide enrollees with items and services (other than hospice care) for which benefits are available under parts A and B, including benefits available under section 1834(m).

.

(b)

Clarification regarding inclusion in bid amount

Section 1854(a)(6)(A)(ii)(I) of the Social Security Act (42 U.S.C. 1395w–24(a)(6)(A)(ii)(I)) is amended by inserting , including, for plan year 2020 and subsequent plan years, the provision of additional telehealth benefits as described in section 1852(m) before the semicolon at the end.

50324.

Providing accountable care organizations the ability to expand the use of telehealth

(a)

In general

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

(l)

Providing ACOs the ability To expand the use of telehealth services

(1)

In general

In the case of telehealth services for which payment would otherwise be made under this title furnished on or after January 1, 2020, for purposes of this subsection only, the following shall apply with respect to such services furnished by a physician or practitioner participating in an applicable ACO (as defined in paragraph (2)) to a Medicare fee-for-service beneficiary assigned to the applicable ACO:

(A)

Inclusion of home as originating site

Subject to paragraph (3), the home of a beneficiary shall be treated as an originating site described in section 1834(m)(4)(C)(ii).

(B)

No application of geographic limitation

The geographic limitation under section 1834(m)(4)(C)(i) shall not apply with respect to an originating site described in section 1834(m)(4)(C)(ii) (including the home of a beneficiary under subparagraph (A)), subject to State licensing requirements.

(2)

Definitions

In this subsection:

(A)

Applicable ACO

The term applicable ACO means an ACO participating in a model tested or expanded under section 1115A or under this section—

(i)

that operates under a two-sided model—

(I)

described in section 425.600(a) of title 42, Code of Federal Regulations; or

(II)

tested or expanded under section 1115A; and

(ii)

for which Medicare fee-for-service beneficiaries are assigned to the ACO using a prospective assignment method, as determined appropriate by the Secretary.

(B)

Home

The term home means, with respect to a Medicare fee-for-service beneficiary, the place of residence used as the home of the beneficiary.

(3)

Telehealth services received in the home

In the case of telehealth services described in paragraph (1) where the home of a Medicare fee-for-service beneficiary is the originating site, the following shall apply:

(A)

No facility fee

There shall be no facility fee paid to the originating site under section 1834(m)(2)(B).

(B)

Exclusion of certain services

No payment may be made for such services that are inappropriate to furnish in the home setting such as services that are typically furnished in inpatient settings such as a hospital.

.

(b)

Study and report

(1)

Study

(A)

In general

The Secretary of Health and Human Services (in this subsection referred to as the Secretary) shall conduct a study on the implementation of section 1899(l) of the Social Security Act, as added by subsection (a). Such study shall include an analysis of the utilization of, and expenditures for, telehealth services under such section.

(B)

Collection of data

The Secretary may collect such data as the Secretary determines necessary to carry out the study under this paragraph.

(2)

Report

Not later than January 1, 2026, the Secretary shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Secretary determines appropriate.

50325.

Expanding the use of telehealth for individuals with stroke

Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)), as amended by section 50302(b)(1), is amended—

(1)

in paragraph (4)(C)(i), in the matter preceding subclause (I), by striking The term and inserting Except as provided in paragraph (6), the term; and

(2)

by adding at the end the following new paragraph:

(6)

Treatment of stroke telehealth services

(A)

Non-application of originating site requirements

The requirements described in paragraph (4)(C) shall not apply with respect to telehealth services furnished on or after January 1, 2019, for purposes of diagnosis, evaluation, or treatment of symptoms of an acute stroke, as determined by the Secretary.

(B)

Inclusion of certain sites

With respect to telehealth services described in subparagraph (A), the term originating site shall include any hospital (as defined in section 1861(e)) or critical access hospital (as defined in section 1861(mm)(1)), any mobile stroke unit (as defined by the Secretary), or any other site determined appropriate by the Secretary, at which the eligible telehealth individual is located at the time the service is furnished via a telecommunications system.

(C)

No originating site facility fee for new sites

No facility fee shall be paid under paragraph (2)(B) to an originating site with respect to a telehealth service described in subparagraph (A) if the originating site does not otherwise meet the requirements for an originating site under paragraph (4)(C).

.

D

Identifying the Chronically Ill Population

50331.

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

Section 1899(c) of the Social Security Act (42 U.S.C. 1395jjj(c)) is amended—

(1)

by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;

(2)

by striking ACOs.—The Secretary and inserting “ACOs.—

(1)

In general

Subject to paragraph (2), the Secretary

; and

(3)

by adding at the end the following new paragraph:

(2)

Providing flexibility

(A)

Choice of prospective assignment

For each agreement period (effective for agreements entered into or renewed on or after January 1, 2020), in the case where an ACO established under the program is in a Track that provides for the retrospective assignment of Medicare fee-for-service beneficiaries to the ACO, the Secretary shall permit the ACO to choose to have Medicare fee-for-service beneficiaries assigned prospectively, rather than retrospectively, to the ACO for an agreement period.

(B)

Assignment based on voluntary identification by Medicare fee-for-service beneficiaries

(i)

In general

For performance year 2018 and each subsequent performance year, if a system is available for electronic designation, the Secretary shall permit a Medicare fee-for-service beneficiary to voluntarily identify an ACO professional as the primary care provider of the beneficiary for purposes of assigning such beneficiary to an ACO, as determined by the Secretary.

(ii)

Notification process

The Secretary shall establish a process under which a Medicare fee-for-service beneficiary is—

(I)

notified of their ability to make an identification described in clause (i); and

(II)

informed of the process by which they may make and change such identification.

(iii)

Superseding claims-based assignment

A voluntary identification by a Medicare fee-for-service beneficiary under this subparagraph shall supersede any claims-based assignment otherwise determined by the Secretary.

.

E

Empowering Individuals and Caregivers in Care Delivery

50341.

Eliminating barriers to care coordination under accountable care organizations