101.
Section 177 of division C of Public Law 114–223, as amended by Public Law 114–254, is amended by inserting “and the 116th Congress” after “the 115th Congress” in each instance it appears.
Division G — Other Matters
G Other Matters
I Technical Corrections
102.
During fiscal year 2019 and each succeeding fiscal year, amounts appropriated or otherwise made available for the Architect of the Capitol under the heading “House Office Buildings” may be transferred to the House of Representatives and merged with and made available under the heading “Allowances and Expenses”, subject to the approval of the Committee on Appropriations of the House of Representatives.
The period of availability of any amounts transferred to the House of Representatives under this section shall be the same period of availability applicable to such amounts as appropriated for the Architect of the Capitol.
103.
Section 243 of title II of division C of Public Law 115–244 is amended by inserting “248” after “section”.
104.
Employees furloughed as a result of any lapse in appropriations beginning on or about December 22, 2018 and ending on the date of enactment of this Act shall be compensated at their standard rate of compensation, for the period of such lapse in appropriations, as soon as practicable after such lapse in appropriations ends.
For purposes of this section, ‘‘employee’’ means any of the following whose salaries and expenses are provided in any division of this consolidated Act:
A Federal employee.
An employee of the District of Columbia Courts.
An employee of the Public Defender Service for the District of Columbia.
A District of Columbia Government employee.
All obligations incurred in anticipation of the appropriations made and authority granted by any division of this consolidated Act for the purposes of maintaining the essential level of activity to protect life and property and bringing about orderly termination of Government functions, and for purposes as otherwise authorized by law, are hereby ratified and approved if otherwise in accord with the provisions of any division of this consolidated Act.
105.
If a State (or another Federal grantee) used State funds (or the grantee’s non-Federal funds) to continue carrying out a Federal program or furloughed State employees (or the grantee’s employees) whose compensation is advanced or reimbursed in whole or in part by the Federal Government—
such furloughed employees shall be compensated at their standard rate of compensation for such period;
the State (or such other grantee) shall be reimbursed for expenses that would have been paid by the Federal Government during such period had appropriations been available, including the cost of compensating such furloughed employees, together with interest thereon calculated under section 6503(d) of title 31, United States Code; and
the State (or such other grantee) may use funds available to the State (or the grantee) under such Federal program to reimburse such State (or the grantee), together with interest thereon calculated under section 6503(d) of title 31, United States Code.
For purposes of this section, the term ‘‘State’’ and the term ‘‘grantee,’’ including United States territories and possessions, shall have the meaning given such terms under the applicable Federal program under subsection (a). In addition, ‘‘to continue carrying out a Federal program’’ means the continued performance by a State or other Federal grantee, during the period of a lapse in appropriations, of a Federal program that the State or such other grantee had been carrying out prior to the period of the lapse in appropriations.
The authority under this section applies with respect to any period in fiscal year 2019 (not limited to periods beginning or ending after the date of the enactment of this Act) during which there occurs a lapse in appropriations with respect to any department or agency of the Federal Government receiving funding in any division of this consolidated Act which, but for such lapse in appropriations, would have paid, or made reimbursement relating to, any of the expenses referred to in this section with respect to the program involved. Payments and reimbursements under this authority shall be made only to the extent and in amounts provided in advance in appropriations Acts.
106.
Section 3(20)(B) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(20)(B)), as amended by section 7 of the Strengthening Career and Technical Education for the 21st Century Act (Public Law 115–224), is amended by inserting “, except that, for the purpose of section 132, the term ‘recognized postsecondary credential’ as used in this subparagraph shall not include a baccalaureate degree” after “associate degree”.
The amendment made by subsection (a) shall take effect on July 1, 2019, as if included in the Strengthening Career and Technical Education for the 21st Century Act (Public Law 115–224).
II Extensions of Authorities
201.
Sections 1309(a) and 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied by substituting “September 30, 2019” for “December 7, 2018”.
202.
The authority provided under title XXI of the Homeland Security Act of 2002 (6 U.S.C. 621 et seq.), as amended by section 2(a) of the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 (Public Law 113–254), shall continue in effect through September 30, 2019.
203.
The following sections of the Federal Insecticide, Fungicide, and Rodenticide Act shall continue in effect through March 1, 2019—
subparagraphs (C) through (E) of section 4(i)(1) (7 U.S.C. 136a–1(i)(1)(C)–(E));
section 4(k)(3) (7 U.S.C. 136a–1(k)(3));
section 4(k)(4) (7 U.S.C. 136a–1(k)(4)); and
section 33(c)(3)(B) (7 U.S.C. 136w–8(c)(3)(B)).
Section 4(i)(1)(I) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(i)(1)(I)) shall be applied by substituting “March 1, 2019” for “September 30, 2017”.
Notwithstanding section 33(m)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(m)(2)), section 33(m)(1) of such Act (7 U.S.C. 136w–8(m)(1)) shall be applied by substituting “March 1, 2019” for “September 30, 2017”.
Section 408(m)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(3)) shall be applied by substituting “March 1, 2019” for “September 30, 2017”.
204.
Section 319L(e)(1)(A) of the Public Health Service Act (42 U.S.C. 247d–7e(e)(1)(A)) shall continue in effect through September 30, 2019.
205.
Section 405(a) of the Pandemic and All-Hazards Preparedness Act (42 U.S.C. 247d–6a note) shall continue in effect through September 30, 2019.
206. TANF program extensions
Family assistance grants— Section 403(a)(1) of the Social Security Act (42 U.S.C. 603(a)(1)) is amended in each of subparagraphs (A) and (C) by striking “2017 and 2018” and inserting “2019 and 2020”.
Healthy marriage promotion and responsible fatherhood grants— Section 403(a)(2)(D) of such Act (42 U.S.C. 603(a)(2)(D)) is amended—
by striking “2017 and 2018” and inserting “2019 and 2020”; and
by striking “for fiscal year 2017 or 2018”.
Contingency fund— Section 403(b)(2) of such Act (42 U.S.C. 603(b)(2)) is amended by striking “fiscal year 2018” and inserting “each of fiscal years 2019 and 2020”.
Tribal family assistance grants— Paragraphs (1)(A) and (2)(A) of section 412(a) of such Act (42 U.S.C. 612(a)) are each amended by striking “2017 and 2018” and inserting “2019 and 2020”.
Child care— Section 418(a)(3) of such Act (42 U.S.C. 618(a)(3)) is amended by striking “2017 and 2018” and inserting “2019 and 2020”.
Grants to the territories— Section 1108(b)(2) of such Act (42 U.S.C. 1308(b)(2)) is amended by striking “2017 and 2018” and inserting “2019 and 2020”.
207. Measuring and understanding outcomes
In general— Section 411(a) of the Social Security Act (42 U.S.C. 611(a)) is amended by redesignating paragraph (7) as paragraph (8) and inserting after paragraph (6) the following:
“(7) Report on engagement, employment and outcomes
“(A) Reporting agreement—Each State and the Secretary shall enter into an agreement specifying the manner by which the information and data described in this paragraph shall be collected and reported to the Secretary beginning in fiscal year 2020.
“(i) Outcomes for exiting recipients—Information and data regarding families who formerly received assistance and included a work-eligible individual (disaggregated by type of family, reason for exit, and participation in work activities during the preceding fiscal year) under the State program funded under this part or under any State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)), with respect to the following:
“(I) The percentage with at least 1 formerly work-eligible individual employed during the 2nd quarter after exiting from the program.
“(II) The percentage with at least 1 formerly work-eligible individual employed during the 4th quarter after exiting from the program.
“(III) The median earnings when at least 1 formerly work-eligible individual is employed during the 2d quarter after exiting from the program.
“(IV) The percentage with at least 1 formerly work-eligible individual employed during any of the first 4 quarters after exiting from the program.
“(V) The distribution of income and earnings, including relative to poverty and deep poverty, for each of the first 4 quarters ending after the quarter of exit from assistance.
“(VI) The percentage who, at the time of exit from the program, were subject to the following:
“(aa) A penalty under section 407(e).
“(bb) A sanction or penalty described in section 404 or 408.
“(cc) A penalty or sanction not described in item (aa) or (bb).
“(ii) Engagement and employment of current recipients
“(I) Work-eligible individuals—In the case of current work-eligible individuals under the State program funded under this part or under any State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)), the following information relative to current quarter being reported:
“(aa) Earnings in each of the 4 quarters immediately preceding the quarter.
“(bb) Standard measures of employment, earnings, receipt of assistance, and participation in work activities (as defined in section 407(d)) in each of the first 4 quarters following the quarter.
“(II) All recipients—The percentage of recipients of assistance under the State program funded under this part who have not attained 24 years of age and who obtain a high school degree or its recognized equivalent while receiving the assistance.
“(B) Statistical adjustment model for employment outcomes—The Secretary, in consultation with the Secretary of Labor and relevant experts, shall develop recommendations by March 1, 2020, on how to establish and disseminate an objective statistical model that will allow the Secretary to make adjustments to the data reported pursuant to subclauses (I) through (IV) of subparagraph (A)(i) of this paragraph, based on economic conditions and the characteristics of participants. To the extent practicable, the recommendations shall be compatible with the statistical adjustment model developed under section 116(b)(3)(A)(viii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(3)(A)(viii)) and, with respect to a State, the State adjusted levels of performance established for the State under that section.”
208. Technical corrections to data exchange standards to improve program coordination
In general— Section 411(d) of the Social Security Act (42 U.S.C. 611(d)) is amended to read as follows:
“(d) Data exchange standards for improved interoperability
“(1) Designation—The Secretary shall, in consultation with an interagency work group established by the Office of Management and Budget and considering State government perspectives, by rule, designate data exchange standards to govern, under this part—
“(A) necessary categories of information that State agencies operating programs under State plans approved under this part are required under applicable Federal law to electronically exchange with another State agency; and
“(B) Federal reporting and data exchange required under applicable Federal law.
“(2) Requirements—The data exchange standards required by paragraph (1) shall, to the extent practicable—
“(A) incorporate a widely accepted, non-proprietary, searchable, computer-readable format, such as the eXtensible Markup Language;
“(B) contain interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model;
“(C) incorporate interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance;
“(D) be consistent with and implement applicable accounting principles;
“(E) be implemented in a manner that is cost-effective and improves program efficiency and effectiveness; and
“(F) be capable of being continually upgraded as necessary.
“(3) Rule of construction—Nothing in this subsection shall be construed to require a change to existing data exchange standards found to be effective and efficient.”
Effective date— Not later than the date that is 24 months after the date of the enactment of this section, the Secretary of Health and Human Services shall issue a proposed rule that—
identifies federally required data exchanges, include specification and timing of exchanges to be standardized, and address the factors used in determining whether and when to standardize data exchanges; and
specifies State implementation options and describes future milestones.
209. Unemployment insurance technical corrections
Section 306(a) of the Social Security Act (42 U.S.C. 506(a)) is amended—
by striking “individuals” and inserting “claimants of regular compensation, including claimants”; and
by inserting a comma after “section 303(j)”.
III Medicaid extenders
301.
General Funding— Section 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended—
in paragraph (1)—
in subparagraph (D), by striking “and” after the semicolon;
in subparagraph (E), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(F) subject to paragraph (3), $112,000,000 for fiscal year 2019.”
in paragraph (2)—
by striking “Amounts made” and inserting “Subject to paragraph (3), amounts made”; and
by striking “September 30, 2016” and inserting “September 30, 2021”; and
by adding at the end the following new paragraph:
“(3) Special rule for FY 2019—Funds appropriated under paragraph (1)(F) shall be made available for grants to States only if such States have an approved MFP demonstration project under this section as of December 31, 2018.”
Funding for quality assurance and improvement; technical assistance; oversight— Section 6071(f) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by striking paragraph (2) and inserting the following:
“(2) Funding—From the amounts appropriated under subsection (h)(1)(F) for fiscal year 2019, $500,000 shall be available to the Secretary for such fiscal year to carry out this subsection.”
Technical amendment— Section 6071(b) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by adding at the end the following:
“(10) Secretary—The term Secretary means the Secretary of Health and Human Services.”
302.
In general— Section 2404 of Public Law 111–148 (42 U.S.C. 1396r–5 note) is amended by striking “the 5-year period that begins on January 1, 2014,” and inserting “the period beginning on January 1, 2014, and ending on March 31, 2019,”.
Rule of construction—
Protecting State spousal income and asset disregard flexibility under waivers and plan amendments— Nothing in section 2404 of Public Law 111–148 (42 U.S.C. 1396r–5 note) or section 1924 of the Social Security Act (42 U.S.C. 1396r–5) shall be construed as prohibiting a State from disregarding an individual’s spousal income and assets under a State waiver or plan amendment described in paragraph (2) for purposes of making determinations of eligibility for home and community-based services or home and community-based attendant services and supports under such waiver or plan amendment.
State waiver or plan amendment described— A State waiver or plan amendment described in this paragraph is any of the following:
A waiver or plan amendment to provide medical assistance for home and community-based services under a waiver or plan amendment under subsection (c), (d), or (i) of section 1915 of the Social Security Act (42 U.S.C. 1396n) or under section 1115 of such Act (42 U.S.C. 1315).
A plan amendment to provide medical assistance for home and community-based services for individuals by reason of being determined eligible under section 1902(a)(10)(C) of such Act (42 U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a reduction of income based on costs incurred for medical or other remedial care under which the State disregarded the income and assets of the individual’s spouse in determining the initial and ongoing financial eligibility of an individual for such services in place of the spousal impoverishment provisions applied under section 1924 of such Act (42 U.S.C. 1396r–5).
A plan amendment to provide medical assistance for home and community-based attendant services and supports under section 1915(k) of such Act (42 U.S.C. 1396n(k)).
303.
Section 1940 of the Social Security Act (42 U.S.C. 1396w) is amended by adding at the end the following new subsection:
“(k) Reduction in FMAP after 2020 for non-Compliant States
“(1) In general—With respect to a calendar quarter beginning on or after January 1, 2021, the Federal medical assistance percentage otherwise determined under section 1905(b) for a non-compliant State shall be reduced—
“(A) for calendar quarters in 2021 and 2022, by 0.12 percentage points;
“(B) for calendar quarters in 2023, by 0.25 percentage points;
“(C) for calendar quarters in 2024, by 0.35 percentage points; and
“(D) for calendar quarters in 2025 and each year thereafter, by 0.5 percentage points.
“(2) Non-compliant State defined—For purposes of this subsection, the term non-compliant State means a State—
“(A) that is one of the 50 States or the District of Columbia;
“(B) with respect to which the Secretary has not approved a State plan amendment submitted under subsection (a)(2); and
“(C) that is not operating, on an ongoing basis, an asset verification program in accordance with this section.”
304.
Section 1941(b)(1) of the Social Security Act (42 U.S.C. 1396w–1(b)(1)) is amended by striking “$31,000,000” and inserting “$6,000,000”.
305.
Statutory PAYGO scorecards— The budgetary effects of this division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)).
Senate PAYGO scorecards— The budgetary effects of this division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress).
Classification of budgetary effects— Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division shall not be estimated—
for purposes of section 251 of such Act; and
for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act.
IV Budgetary Effects
401.
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.