[House Report 113-290]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-290
======================================================================
PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE JOINT
RESOLUTION (H.J. RES. 59) MAKING CONTINUING APPROPRIATIONS FOR FISCAL
YEAR 2014, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF
MOTIONS TO SUSPEND THE RULES; PROVIDING FOR PROCEEDINGS DURING THE
PERIOD FROM DECEMBER 14, 2013, THROUGH JANUARY 6, 2014; AND FOR OTHER
PURPOSES
_______
December 11, 2013.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Woodall, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 438]
The Committee on Rules, having had under consideration
House Resolution 438, by a record vote of 9 to 3, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for the consideration of the Senate
amendment to H.J. Res. 59. The resolution makes in order a
motion offered by the chair of the Committee on the Budget or
his designee that the House recede from its amendment and
concur in the Senate amendment with the amendment printed in
part A this report as modified by the amendment printed in part
B of this report. The resolution provides 70 minutes of debate
on the motion with 60 minutes equally divided and controlled by
the chair and ranking minority member of the Committee on the
Budget and 10 minutes equally divided and controlled by the
chair and ranking minority member of the Committee on Energy
and Commerce. The resolution waives all points of order against
consideration of the motion and provides that the motion shall
not be subject to a demand for division of the question. The
resolution provides that the Senate amendment and the motion
shall be considered as read.
Section 2 of the resolution provides that chair of the
Committee on the Budget may insert in the Congressional Record
at any time during the remainder of the first session of the
113th Congress such material as he may deem explanatory of the
motion specified in section 1.
Section 3 of the resolution provides that in the
engrossment of the House amendment to the Senate amendment to
House Joint Resolution 59, the Clerk may conform division,
title, and section numbers and conform cross-references and
provisions for short titles.
Section 4 of the resolution provides that the chair of the
Committee on Armed Services may insert in the Congressional
Record at any time during the remainder of the first session of
the 113th Congress such material as he may deem explanatory of
defense authorization measures for the fiscal year 2014.
Section 5 of the resolution provides that it shall be in
order at any time on the legislative day of December 12, 2013,
or December 13, 2013, for the Speaker to entertain motions that
the House suspend the rules and that the Speaker or his
designee shall consult with the Minority Leader or her designee
on the designation of any matter for consideration pursuant to
this section.
Section 6 of the resolution provides that on any
legislative day of the first session of the 113th Congress
after December 13, 2013: the Journal of the proceedings of the
previous day shall be considered as approved; and the Chair may
at any time, declare the House adjourned to meet at a date and
time to be announced by the Chair in declaring the adjournment.
Section 7 of the resolution provides that on any
legislative day of the second session of the 113th Congress
before January 7, 2014: the Speaker may dispense with
organizational and legislative business; the Journal of the
proceedings of the previous day shall be considered as approved
if applicable; and the Chair may at any time declare the House
adjourned to meet at a date and time to be announced by the
Chair in declaring the adjournment.
Section 8 of the resolution provides that the Speaker may
appoint Members to perform the duties of the Chair for the
duration of the period addressed by sections 6 and 7 of the
resolution.
Section 9 of the resolution provides that each day during
the period addressed by section 6 and 7 of the resolution shall
not constitute calendar days for the purposes of the War Powers
Resolution.
Section 10 of the resolution provides for consideration of
H.R. 3695, to provide a temporary extension of the Food,
Conservation, and Energy Act of 2008 and amendments made by
that Act, as previously extended and amended and with certain
additional modifications and exceptions, to suspend permanent
price support authorities, and for other purposes, under a
closed rule. The resolution provides 40 minutes of debate
equally divided and controlled by the chair and ranking
minority member of the Committee on Agriculture. The resolution
waives all points of order against consideration of the bill.
The resolution provides that the amendment printed in Part C of
this report shall be considered as adopted, and the bill, as
amended, shall be considered as read. The resolution waives all
points of order against provisions in the bill, as amended. The
resolution provides for one motion to recommit with or without
instructions.
Section 11 of the resolution waives clause 6(a) of rule
XIII (requiring a two-thirds vote to consider a rule on the
same day it is reported from the Rules Committee) against any
resolution reported from the Rules Committee through the
legislative day of December 13, 2013.
EXPLANATION OF WAIVERS
The waiver against all points of order against
consideration of the motion specified in section 1 of the
resolution includes waivers of: Section 302(f) of the
Congressional Budget Act, which prohibits consideration of
legislation providing new budget authority in excess of a
302(a) or 302(b) allocation of such authority; and Section
311(a) of the Congressional Budget Act, which prohibits
consideration of legislation or an amendment that would cause
the total level of new budget authority or outlays in the most
recent budget resolution to be exceeded.
Although the resolution waives all points of order against
consideration of H.R. 3695, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
provisions in H.R. 3695, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 94
Motion by Ms. Slaughter to make in order and provide the
necessary waivers for the amendment #4 to the Senate amendment
to H.J. Res. 59, offered by Rep. Levin (MI) and Rep. Van Hollen
(MD), which would extend unemployment insurance for 1.3 million
Americans who will stop receiving benefits, even though they
continue to look hard for a job. The amendment is fully offset
by reducing direct payments under the farm commodity program.
Defeated: 3-9.
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Bishop of Utah.............................. Nay Mr. McGovern...................... Yea
Mr. Cole........................................ Nay Mr. Hastings of Florida........... Yea
Mr. Woodall..................................... Nay Mr. Polis......................... ............
Mr. Nugent...................................... Nay
Mr. Webster..................................... Nay
Ms. Ros-Lehtinen................................ Nay
Mr. Burgess..................................... Nay
Mr. Sessions, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 95
Motion by Ms. Foxx to report the rule. Adopted: 9-3.
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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Yea Ms. Slaughter..................... Nay
Mr. Bishop of Utah.............................. Yea Mr. McGovern...................... Nay
Mr. Cole........................................ Yea Mr. Hastings of Florida........... Nay
Mr. Woodall..................................... Yea Mr. Polis......................... ............
Mr. Nugent...................................... Yea
Mr. Webster..................................... Yea
Ms. Ros-Lehtinen................................ Yea
Mr. Burgess..................................... Yea
Mr. Sessions, Chairman.......................... Yea
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PART A--SUMMARY OF THE HOUSE AMENDMENT TO H.J. RES 59
Contains the text of the Bipartisan Budget Agreement.
PART B--SUMMARY OF THE MODIFICATION TO THE HOUSE AMENDMENT IN PART A
Contains the text of the Pathway for SGR Reform Act of
2013, making changes to Medicare and other health provisions;
and makes a technical correction to the House Amendment in part
A.
PART C--SUMMARY OF AMENDMENT TO H.R. 3695 PROPOSED TO BE CONSIDERED AS
ADOPTED
Lucas (OK): A technical correction requested by the
Department of Agriculture to ensure that the Secretary of
Agriculture has the authority to continue the commodity
programs for the 2013 crop year that may expire after January
31, 2014.
PART A--TEXT OF THE HOUSE AMENDMENT TO H.J. RES 59
In lieu of the matter proposed to be inserted by the Senate
insert the following:
DIVISION A--BIPARTISAN BUDGET AGREEMENT
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Bipartisan
Budget Act of 2013''.
(b) Table of Contents.--The table of contents of this Act is
as follows:
DIVISION A--BUDGET ENFORCEMENT AND DEFICIT REDUCTION
Sec. 1. Short title and table of contents.
TITLE I--BUDGET ENFORCEMENT
Subtitle A--Amendments to the Balanced Budget and Emergency Deficit
Control Act of 1985
Sec. 101. Amendments to the Balanced Budget and Emergency Deficit
Control Act of 1985.
Subtitle B--Establishing a Congressional Budget
Sec. 111. Fiscal year 2014 budget resolution.
Sec. 112. Limitation on advance appropriations in the Senate.
Sec. 113. Rule of construction in the House of Representatives.
Sec. 114. Additional Senate budget enforcement.
Sec. 115. Authority for fiscal year 2015 budget resolution in the House
of Representatives.
Sec. 116. Authority for fiscal year 2015 budget resolution in the
Senate.
Sec. 117. Exclusion of savings from PAYGO scorecards.
Sec. 118. Exercise of rulemaking powers.
Subtitle C--Technical Corrections
Sec. 121. Technical corrections to the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 122. Technical corrections to the Congressional Budget Act of 1974.
TITLE II--PREVENTION OF WASTE, FRAUD, AND ABUSE
Sec. 201. Improving the collection of unemployment insurance
overpayments.
Sec. 202. Strengthening Medicaid Third-Party Liability.
Sec. 203. Restriction on access to the death master file.
Sec. 204. Identification of inmates requesting or receiving improper
payments.
TITLE III--NATURAL RESOURCES
Sec. 301. Ultra-deepwater and unconventional natural gas and other
petroleum resources.
Sec. 302. Amendment to the Mineral Leasing Act.
Sec. 303. Approval of agreement with Mexico.
Sec. 304. Amendment to the Outer Continental Shelf Lands Act.
Sec. 305. Federal oil and gas royalty prepayment cap.
Sec. 306. Strategic Petroleum Reserve.
TITLE IV--FEDERAL CIVILIAN AND MILITARY RETIREMENT
Sec. 401. Increase in contributions to Federal Employees' Retirement
System for new employees.
Sec. 402. Foreign Service Pension System.
Sec. 403. Annual adjustment of retired pay and retainer pay amounts for
retired members of the Armed Forces under age 62.
TITLE V--HIGHER EDUCATION
Sec. 501. Default reduction program.
Sec. 502. Elimination of nonprofit servicing contracts.
TITLE VI--TRANSPORTATION
Sec. 601. Aviation security service fees.
Sec. 602. Transportation cost reimbursement.
Sec. 603. Sterile areas at airports.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Extension of customs user fees.
Sec. 702. Limitation on allowable government contractor compensation
costs.
Sec. 703. Pension Benefit Guaranty Corporation premium rate increases.
Sec. 704. Cancellation of Unobligated Balances.
Sec. 705. Conservation planning technical assistance user fees.
Sec. 706. Self plus one coverage.
(c) References.--Except as expressly provided otherwise, any
reference to ``this Act'' contained in any division of this Act
shall be treated as referring only to the provisions of that
division.
TITLE I--BUDGET ENFORCEMENT
Subtitle A--Amendments to the Balanced Budget and Emergency Deficit
Control Act of 1985
SEC. 101. 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
is amended by striking paragraphs (1) through (10) and
inserting the following new paragraphs:
``(1) for fiscal year 2014--
``(A) for the revised security category,
$520,464,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$491,773,000,000 in new budget authority;
``(2) for fiscal year 2015--
``(A) for the revised security category,
$521,272,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$492,356,000,000 in new budget authority;
``(3) for fiscal year 2016--
``(A) for the revised security category,
$577,000,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$530,000,000,000 in new budget authority;
``(4) for fiscal year 2017--
``(A) for the revised security category,
$590,000,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$541,000,000,000 in new budget authority;
``(5) for fiscal year 2018--
``(A) for the revised security category,
$603,000,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$553,000,000,000 in new budget authority;
``(6) for fiscal year 2019--
``(A) for the revised security category,
$616,000,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$566,000,000,000 in new budget authority;
``(7) for fiscal year 2020--
``(A) for the revised security category,
$630,000,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$578,000,000,000 in new budget authority; and
``(8) for fiscal year 2021--
``(A) for the revised security category,
$644,000,000,000 in new budget authority; and
``(B) for the revised nonsecurity category,
$590,000,000,000 in new budget authority;''.
(b) Direct Spending Adjustments for Fiscal Years 2014 and
2015.--(1) Section 251A of the Balanced Budget and Emergency
Deficit Control Act of 1985, as redesignated by subsection (d),
is amended by adding at the end the following new paragraph:
``(10) Implementing direct spending reductions for
fiscal years 2014 and 2015.--(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 2014 and 2015 by the Bipartisan Budget Act
of 2013.
``(B) Paragraph (5)(B) shall not be implemented for
fiscal years 2014 and 2015.''.
(2) Paragraph (5)(B) of section 251A of the Balanced Budget
and Emergency Deficit Control Act of 1985, as redesignated by
subsection (d)(2)(C) of this section, is amended by striking
``On'' and inserting ``Except as provided by paragraph (10),
on''.
(c) Extension of Direct Spending Reductions for Fiscal Years
2022 and 2023.--Paragraph (6), as redesignated by subsection
(d)(2)(C) of this section, of section 251A of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended by
inserting ``(A)'' before ``On the date'' and by adding at the
end the following new subparagraph:
``(B) On the dates OMB issues its sequestration
preview reports for fiscal year 2022 and for fiscal
year 2023, pursuant to section 254(c), the President
shall order a sequestration, effective upon issuance
such that--
``(i) the percentage reduction for nonexempt
direct spending for the defense function is the
same percent as the percentage reduction for
nonexempt direct spending for the defense
function for fiscal year 2021 calculated under
paragraph (3)(B); and
``(ii) the percentage reduction for nonexempt
direct spending for nondefense functions is the
same percent as the percentage reduction for
nonexempt direct spending for nondefense
functions for fiscal year 2021 calculated under
paragraph (4)(B).''.
(d) Conforming Amendments.--Part C of title II of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 900 et seq.) is amended--
(1) in section 250(c)(4) (2 U.S.C. 900(c)(4)), by
adding at the end the following:
``(D) The term `revised security category' means
discretionary appropriations in budget function 050.
``(E) The term `revised nonsecurity category' means
discretionary appropriations other than in budget
function 050.
``(F) The term `category' means the subsets of
discretionary appropriations in section 251(c).
Discretionary appropriations in each of the categories
shall be those designated in the joint explanatory
statement accompanying the conference report on the
Balanced Budget Act of 1997. New accounts or activities
shall be categorized only after consultation with the
Committees on Appropriations and the Budget of the
House of Representatives and the Senate and that
consultation shall, to the extent practicable, include
written communication to such committees that affords
such committees the opportunity to comment before
official action is taken with respect to new accounts
or activities.''; and
(2) in section 251A (2 U.S.C. 901a)--
(A) by striking, in the matter preceding
paragraph (1), ``Unless'' through ``as
follows:'' and inserting the following:
``Discretionary appropriations and direct
spending accounts shall be reduced in
accordance with this section as follows:'';
(B) by striking paragraphs (1) and (2);
(C) by redesignating paragraphs (3) through
(11) as paragraphs (1) through (9),
respectively;
(D) in paragraph (2), as redesignated, by
striking ``paragraph (3)'' and inserting
``paragraph (1)'';
(E) in paragraph (3), as redesignated, by
striking ``paragraph (4)'' each place it
appears and inserting ``paragraph (2)'';
(F) in paragraph (4), as redesignated, by
striking ``paragraph (4)'' each place it
appears and inserting ``paragraph (2)'';
(G) in paragraph (5), as redesignated--
(i) by striking ``paragraph (5)''
each place it appears and inserting
``paragraph (3)''; and
(ii) by striking ``paragraph (6)''
each place it appears and inserting
``paragraph (4)'';
(H) in paragraph (6), as redesignated--
(i) by striking ``paragraph (4)'' and
inserting ``paragraph (2)''; and
(ii) by striking ``paragraphs (5) and
(6)'' and inserting ``paragraphs (3)
and (4)'';
(I) in paragraph (7), as redesignated--
(i) by striking ``paragraph (8)'' and
inserting ``paragraph (6)''; and
(ii) by striking ``paragraph (6)''
each place it appears and inserting
``paragraph (4)''; and
(J) in paragraph (9), as redesignated, by
striking ``paragraph (4)'' and inserting
``paragraph (2)''.
Subtitle B--Establishing a Congressional Budget
SEC. 111. FISCAL YEAR 2014 BUDGET RESOLUTION.
(a) Fiscal Year 2014.--For the purpose of enforcing the
Congressional Budget Act of 1974 for fiscal year 2014, and
enforcing, in the Senate, 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 same manner as for a concurrent resolution on the
budget for fiscal year 2014 with appropriate budgetary levels
for fiscal year 2014 and for fiscal years 2015 through 2023.
(b) Committee Allocations, Aggregates, and Levels.--The
Chairmen of the Committee on the Budget of the House of
Representatives and the Senate shall each submit a statement
for publication in the Congressional Record as soon as
practicable after the date of enactment of this Act that
includes--
(1) for the Committee on Appropriations of that
House, committee allocations for fiscal year 2014
consistent with the discretionary spending limits set
forth in this Act for the purpose of enforcing section
302 of the Congressional Budget Act of 1974;
(2) for all committees of that House other than the
Committee on Appropriations, committee allocations
for--
(A) fiscal year 2014;
(B) fiscal years 2014 through 2018 in the
Senate only; and
(C) fiscal years 2014 through 2023;
consistent with the May 2013 baseline of the
Congressional Budget Office adjusted to account for the
budgetary effects of this Act and legislation enacted
prior to this Act but not included in the May 2013
baseline of the Congressional Budget Office, for the
purpose of enforcing section 302 of the Congressional
Budget Act of 1974;
(3) aggregate spending levels for fiscal year 2014 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;
(4) aggregate revenue levels for--
(A) fiscal year 2014;
(B) fiscal years 2014 through 2018 in the
Senate only; and
(C) fiscal years 2014 through 2023;
consistent with the May 2013 baseline of the
Congressional Budget Office adjusted to account for the
budgetary effects of this Act and legislation enacted
prior to this Act but not included in the May 2013
baseline of the Congressional Budget Office, for the
purpose of enforcing section 311 of the Congressional
Budget Act of 1974; and
(5) in the Senate only, levels of Social Security
revenues and outlays for fiscal year 2014 and for the
periods of fiscal years 2014 through 2018 and 2014
through 2023 consistent with the May 2013 baseline of
the Congressional Budget Office adjusted to account for
the budgetary effects of this Act and legislation
enacted prior to this Act but not included in the May
2013 baseline of the Congressional Budget Office, for
the purpose of enforcing sections 302 and 311 of the
Congressional Budget Act of 1974.
(c) Further Adjustments.--After the date of enactment of this
Act, the Chairman of the Committee on the Budget of the House
of Representatives may reduce the aggregates, allocations, and
other budgetary levels included in the statement of the
Chairman of the Committee on the Budget of the House of
Representatives referred to in subsection (b) to reflect the
budgetary effects of any legislation enacted during the 113th
Congress that reduces the deficit.
SEC. 112. LIMITATION ON ADVANCE APPROPRIATIONS IN THE SENATE.
(a) Point of Order Against Advance Appropriations in the
Senate.--
(1) In general.--
(A) Point of order.--Except as provided in
paragraph (2), it shall not be in order in the
Senate to consider any bill, joint resolution,
motion, amendment, amendment between the
Houses, or conference report that would provide
an advance appropriation.
(B) Definition.--In this subsection, the term
``advance appropriation'' means any new budget
authority provided in a bill or joint
resolution making appropriations for fiscal
year 2014 that first becomes available for any
fiscal year after 2014 or any new budget
authority provided in a bill or joint
resolution making appropriations for fiscal
year 2015 that first becomes available for any
fiscal year after 2015.
(2) Exceptions.--Advance appropriations may be
provided--
(A) for fiscal years 2015 and 2016 for
programs, projects, activities, or accounts
identified in a statement submitted to the
Congressional Record by the Chairman of the
Committee on the Budget of the Senate under the
heading ``Accounts Identified for Advance
Appropriations'' in an aggregate amount not to
exceed $28,852,000,000 in new budget authority
in each fiscal year;
(B) for the Corporation for Public
Broadcasting; and
(C) for the Department of Veterans Affairs
for the Medical Services, Medical Support and
Compliance, and Medical Facilities accounts of
the Veterans Health Administration.
(3) Supermajority waiver and appeal.--
(A) Waiver.--In the Senate, paragraph (1) may
be waived or suspended only by an affirmative
vote of three-fifths of the Members, duly
chosen and sworn.
(B) Appeal.--An affirmative vote of three-
fifths of the Members of the Senate, duly
chosen and sworn, shall be required to sustain
an appeal of the ruling of the Chair on a point
of order raised under paragraph (1).
(4) Form of point of order.--A point of order under
paragraph (1) may be raised by a Senator as provided in
section 313(e) of the Congressional Budget Act of 1974.
(5) Conference reports.--When the Senate is
considering a conference report on, or an amendment
between the Houses in relation to, a bill, upon a point
of order being made by any Senator pursuant to this
subsection, and such point of order being sustained,
such material contained in such conference report or
amendment between the Houses shall be stricken, and the
Senate shall proceed to consider the question of
whether the Senate shall recede from its amendment and
concur with a further amendment, or concur in the House
amendment with a further amendment, as the case may be,
which further amendment shall consist of only that
portion of the conference report or House amendment, as
the case may be, not so stricken. Any such motion in
the Senate shall be debatable. In any case in which
such point of order is sustained against a conference
report (or Senate amendment derived from such
conference report by operation of this paragraph), no
further amendment shall be in order.
(6) Inapplicability.--In the Senate, section 402 of
S. Con. Res. 13 (111th Congress) shall no longer apply.
(b) Expiration.--Subsection (a) shall expire if a concurrent
resolution on the budget for fiscal year 2015 is agreed to by
the Senate and House of Representatives pursuant to section 301
of the Congressional Budget Act of 1974.
SEC. 113. RULE OF CONSTRUCTION IN THE HOUSE OF REPRESENTATIVES.
In the House of Representatives, for the remainder of the
113th Congress, the provisions of H. Con. Res. 25 (113th
Congress), as deemed in force by H. Res. 243 (113th Congress),
shall remain in force to the extent its budgetary levels are
not superseded by this subtitle or by further action of the
House of Representatives.
SEC. 114. ADDITIONAL SENATE BUDGET ENFORCEMENT.
(a) Senate Pay-As-You-Go Scorecard.--
(1) In general.--Effective on the date of enactment
of this Act, for the purpose of enforcing section 201
of S. Con. Res. 21 (110th Congress), the Chairman of
the Committee on the Budget of the Senate shall reduce
any balances of direct spending and revenues for any
fiscal year to zero.
(2) Fiscal year 2015.--After April 15, 2014, but not
later than May 15, 2014, for the purpose of enforcing
section 201 of S. Con. Res. 21 (110th Congress), the
Chairman of the Committee on the Budget of the Senate
shall reduce any balances of direct spending and
revenues for any fiscal year to zero.
(3) Publication.--Upon resetting the Senate paygo
scorecard pursuant to paragraph (2), the Chairman of
the Committee on the Budget of the Senate shall publish
a notification of such action in the Congressional
Record.
(b) Further Adjustments.--With respect to any allocations,
aggregates, or levels set or adjustments made pursuant to this
subtitle, sections 412 through 414 of S. Con. Res. 13 (111th
Congress) shall remain in effect.
(c) Deficit-neutral Reserve Fund To Replace Sequestration.--
The Chairman of the Committee on the Budget of the Senate may
revise the allocations of a committee or committees,
aggregates, and other appropriate levels and limits set
pursuant to this subtitle for one or more bills, joint
resolutions, amendments, motions, or conference reports that
amend section 251A of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901a) to repeal or revise the
enforcement procedures established under that section, by the
amounts provided in such legislation for those purposes,
provided that such legislation would not increase the deficit
over the period of the total of fiscal years 2014 through 2023.
For purposes of determining deficit-neutrality under this
subsection, the Chairman may include the estimated effects of
any amendment or amendments to the discretionary spending
limits in section 251(c) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(c)).
(d) Additional Deficit-Neutral Reserve Funds.--In the Senate
only, sections 302, 303, 304, 305, 306, 307, 308, 309, 310,
311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 322, 323,
324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335,
338, 339, 340, 341, 344, 348, 349, 350, 353, 354, 356, 361,
363, 364, 365, 366, 367, 368, 369, 371, 376, 378, 379, and 383
of S. Con. Res. 8 (113th Congress), as passed the Senate, shall
have force and effect.
(e) Expiration.--Subsections (a)(2), (c), and (d) shall
expire if a concurrent resolution on the budget for fiscal year
2015 is agreed to by the Senate and House of Representatives
pursuant to section 301 of the Congressional Budget Act of
1974.
SEC. 115. AUTHORITY FOR FISCAL YEAR 2015 BUDGET RESOLUTION IN THE HOUSE
OF REPRESENTATIVES.
(a) Fiscal Year 2015.--If a concurrent resolution on the
budget for fiscal year 2015 has not been adopted by April 15,
2014, 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, 2014, in the same manner as for a concurrent
resolution on the budget for fiscal year 2015 with appropriate
budgetary levels for fiscal year 2015 and for fiscal years 2016
through 2024.
(b) Committee Allocations, Aggregates, and Levels.--In the
House of Representatives, the Chairman of the Committee on the
Budget shall submit a statement for publication in the
Congressional Record after April 15, 2014, but not later than
May 15, 2014, containing--
(1) for the Committee on Appropriations, committee
allocations for fiscal year 2015 at the total level as
set forth in section 251(c)(2) of the Balanced Budget
and Emergency Deficit Control Act of 1985 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
2015 and for the period of fiscal years 2015 through
2024 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 2015
and aggregate revenue levels for fiscal year 2015 and
for the period of fiscal years 2015 through 2024, 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 2015, the
matter contained in title IV (reserve funds) and in sections
601, 603(a), 605(a), and 609 of H. Con. Res. 25 (113th
Congress), as adopted by the House, updated by one fiscal year,
including updated amounts for section 601.
(d) Fiscal Year 2015 Allocation to the Committee on
Appropriations.--If the statement referred to in subsection (b)
is not filed by May 15, 2014, then the matter referred to in
subsection (b)(1) shall be submitted by the Chairman 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 Chairman 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 113th
Congress that reduces the deficit or as otherwise necessary.
(f) Application.--Subsections (a), (b), (c), (d), and (e)
shall no longer apply if a concurrent resolution on the budget
for fiscal year 2015 is agreed to by the Senate and House of
Representatives pursuant to section 301 of the Congressional
Budget Act of 1974.
SEC. 116. AUTHORITY FOR FISCAL YEAR 2015 BUDGET RESOLUTION IN THE
SENATE.
(a) Fiscal Year 2015.--For the purpose of enforcing the
Congressional Budget Act of 1974, after April 15, 2014, 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 2015 with appropriate budgetary levels for
fiscal years 2014 and 2016 through 2024.
(b) Committee Allocations, Aggregates, and Levels.--After
April 15, 2014, but not later than May 15, 2014, the Chairman
of the Committee on the Budget of the Senate shall file--
(1) for the Committee on Appropriations, committee
allocations for fiscal years 2014 and 2015 consistent
with the discretionary spending limits set forth in
this Act 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 years
2014, 2015, 2015 through 2019, and 2015 through 2024
consistent with the most recent baseline of the
Congressional Budget Office for the purpose of
enforcing section 302 of the Congressional Budget Act
of 1974;
(3) aggregate spending levels for fiscal years 2014
and 2015 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;
(4) aggregate revenue levels for fiscal years 2014,
2015, 2015 through 2019, and 2015 through 2024
consistent with the most recent baseline of the
Congressional Budget Office for the purpose of
enforcing section 311 of the Congressional Budget Act
of 1974; and
(5) levels of Social Security revenues and outlays
for fiscal years 2014, 2015, 2015 through 2019, and
2015 through 2024 consistent with the most recent
baseline of the Congressional Budget Office for the
purpose of enforcing sections 302 and 311 of the
Congressional Budget Act of 1974.
(c) Additional Matter.--The filing referred to in subsection
(b) may also include, for fiscal year 2015, the reserve funds
included in section 114(c) and (d) of this Act, updated by one
fiscal year.
(d) Superseding Previous Statement.--In the Senate, the
filing referred to in subsection (b) shall supersede the
statement referred to in section 111(b) of this Act.
(e) Expiration.-- This section shall expire if a concurrent
resolution on the budget for fiscal year 2015 is agreed to by
the Senate and House of Representatives pursuant to section 301
of the Congressional Budget Act of 1974.
SEC. 117. EXCLUSION OF SAVINGS FROM PAYGO SCORECARDS.
(a) Statutory Pay-As-You-Go Scorecards.--Notwithstanding
section 1(c) of this division, the budgetary effects of this
Act shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of
2010.
(b) Senate PAYGO Scorecards.--Notwithstanding section 1(c) of
this division, the budgetary effects of this Act shall not be
entered on any PAYGO scorecard maintained for purposes of
section 201 of S. Con. Res. 21 (110th Congress).
SEC. 118. EXERCISE OF RULEMAKING POWERS.
The provisions of this subtitle are enacted by the Congress--
(1) as an exercise of the rulemaking power of the
House of Representatives and the Senate, 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.
Subtitle C--Technical Corrections
SEC. 121. TECHNICAL CORRECTIONS TO THE BALANCED BUDGET AND EMERGENCY
DEFICIT CONTROL ACT OF 1985.
The Balanced Budget and Emergency Deficit Control Act of 1985
is amended as follows:
(1) In section 252(b)(2)(B), strike ``applicable to
budget year'' and insert ``applicable to the budget
year''.
(2) In section 252(c)(1)(C)(i), strike ``paragraph
(1)'' and insert ``subsection (b)''.
(3) In section 254(c)(3)(A), strike ``subsection
252(b)'' and insert ``section 252(b)''.
(4) In section 254(f)(4), strike ``subsection
252(b)'' and insert ``section 252(b)''.
(5) In section 255(a), strike ``section 231b(a),
231b(f)(2), 231c(a), and 231c(f) of title 45 United
States Code'' and insert ``sections 3 and 4 of the
Railroad Retirement Act of 1937 (45 U.S.C. 231 et
seq.)''.
(6) In section 255(h), in the item relating to
Federal Pell Grants, strike ``section 401 Title IV''
and insert ``section 401 of title IV''.
(7) In the first subsection (j) of section 255
(relating to Split Treatment Programs), move the
margins for the list items two ems to the right.
(8) Redesignate the second subsection (j) of section
255 (relating to Identification of Programs) as
subsection (k).
(9) In section 257(b)(2)(A)(i), strike ``differenes''
and insert ``differences''.
(10) In section 258(a)(1), strike ``section 254(j)''
and insert ``section 254(i)''.
SEC. 122. TECHNICAL CORRECTIONS TO THE CONGRESSIONAL BUDGET ACT OF
1974.
The Congressional Budget Act of 1974 is amended as follows:
(1) In sections 301(a)(6) and 301(a)(7), strike ``For
purposes'' and insert ``for purposes''.
(2) In section 301(a), in the matter following
paragraph (7), strike ``old age'' and insert ``old-
age''.
(3) In section 302(g)(2)(A), strike ``committee on
the Budget'' and insert ``Committee on the Budget''.
(4) In section 305(a)(1), strike ``clause 2(l)(6) of
rule XI'' and insert ``clause 4 of rule XIII''.
(5) In section 305(a)(5), strike ``provisions of rule
XXIII'' and insert ``provisions of rule XVIII''.
(6) In section 305(b)(1), strike ``section 304(a)''
and insert ``section 304''.
(7) In section 306 strike ``No'' and insert ``(a) In
the Senate.-- In the Senate, no'', strike ``of either
House'' and ``in that House'', strike ``of that
House'', and add at the end the following new
subsection:
``(b) In the House of Representatives.--In the House of
Representatives, no bill or joint resolution, or amendment
thereto, or conference report thereon, dealing with any matter
which is within the jurisdiction of the Committee on the Budget
shall be considered unless it is a bill or joint resolution
which has been reported by the Committee on the Budget (or from
the consideration of which such committee has been discharged)
or unless it is an amendment to such a bill or joint
resolution.''.
(8) In section 308(d), in the subsection heading,
strike ``Scorekeeping Guidelines.--'' and insert
``Scorekeeping Guidelines.--''
(9) In section 310(c)(1)(A)(i) and (ii), strike
``under that paragraph by more than'' and insert
``under that paragraph by more than--''.
(10) In section 314(d)(2), strike subparagraph (A),
redesignate subparagraphs (B) and (C) as subparagraphs
(A) and (B) respectively, in subparagraph (A), as
redesignated, strike ``under subparagraph (A)'' and
insert ``under paragraph (1)'', and in subparagraph
(B), as redesignated, strike ``under subparagraph (B)''
and insert ``under subparagraph (A)''.
(11) In section 315, add at the end the following new
sentence: ``In the case of a reported bill or joint
resolution considered pursuant to a special order of
business, a point of order under section 303 shall be
determined on the basis of the text made in order as an
original bill or joint resolution for the purpose of
amendment or to the text on which the previous question
is ordered directly to passage, as the case may be.''.
(12) In section 401(b)(2), strike ``section 302(b)''
and insert ``section 302(a)''.
(13) In section 401(c), add at the end the following
new paragraph:
``(3) In the House of Representatives, subsections
(a) and (b) shall not apply to new authority described
in those subsections to the extent that a provision in
a bill or joint resolution, or an amendment thereto or
a conference report thereon, establishes prospectively
for a Federal office or position a specified or minimum
level of compensation to be funded by annual
discretionary appropriations.''.
(14) In section 421(5)(A)(i)(II), strike
``subparagraph (B))'' and insert ``subparagraph (B)''.
(15) In section 505(c), strike ``section 406(b)''
both places it appears and insert ``section 405(b)''.
(16) In section 904(c)(2), strike
``258A(b)(3)(C)(I)'' and ``258(h)(3)'' and insert
``258A(b)(3)(C)(i)'' and ``258B(h)(3)'', respectively,
and strike ``and 314(e)'' and insert ``314(e), and
314(f)''.
(17) In section 904(d)(3), strike
``258A(b)(3)(C)(I)'' and ``258(h)(3)'' and insert
``258A(b)(3)(C)(i)'' and ``258B(h)(3)'', respectively,
and strike ``and 312(c)'' and insert ``312(c), 314(e),
and 314(f)''.
TITLE II--PREVENTION OF WASTE, FRAUD, AND ABUSE
SEC. 201. IMPROVING THE COLLECTION OF UNEMPLOYMENT INSURANCE
OVERPAYMENTS.
(a) In General.--Section 303 of the Social Security Act (42
U.S.C. 503) is amended by adding at the end the following:
``(m) In the case of a covered unemployment compensation debt
(as defined under section 6402(f)(4) of the Internal Revenue
Code of 1986) that remains uncollected as of the date that is 1
year after the debt was finally determined to be due and
collected, the State to which such debt is owed shall take
action to recover such debt under section 6402(f) of the
Internal Revenue Code of 1986.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect upon the date of enactment of this Act.
SEC. 202. STRENGTHENING MEDICAID THIRD-PARTY LIABILITY.
(a) Payment for Prenatal and Preventive Pediatric Care and in
Cases Involving Medical Support.--Section 1902(a)(25) of the
Social Security Act (42 U.S.C. 1396a(a)(25)) is amended--
(1) in subparagraph (E)(i), by inserting before the
semicolon at the end the following: ``, except that the
State may, if the State determines doing so is cost-
effective and will not adversely affect access to care,
only make such payment if a third party so liable has
not made payment within 90 days after the date the
provider of such services has initially submitted a
claim to such third party for payment for such
services''; and
(2) in subparagraph (F)(i), by striking ``30 days
after such services are furnished'' and inserting ``90
days after the date the provider of such services has
initially submitted a claim to such third party for
payment for such services, except that the State may
make such payment within 30 days after such date if the
State determines doing so is cost-effective and
necessary to ensure access to care.''.
(b) Recovery of Medicaid Expenditures From Beneficiary
Liability Settlements.--
(1) State plan requirements.--Section 1902(a)(25) of
the Social Security Act (42 U.S.C. 1396a(a)(25)) is
amended--
(A) in subparagraph (B), by striking ``to the
extent of such legal liability''; and
(B) in subparagraph (H), by striking
``payment by any other party for such health
care items or services'' and inserting ``any
payments by such third party''.
(2) Assignment of rights of payment.--Section
1912(a)(1)(A) of such Act (42 U.S.C. 1396k(a)(1)(A)) is
amended by striking ``payment for medical care from any
third party'' and inserting ``any payment from a third
party that has a legal liability to pay for care and
services available under the plan''.
(3) Liens.--Section 1917(a)(1)(A) of such Act (42
U.S.C. 1396p(a)(1)(A)) is amended to read as follows:
``(A) pursuant to--
``(i) the judgment of a court on account of
benefits incorrectly paid on behalf of such
individual, or
``(ii) rights acquired by or assigned to the
State in accordance with section 1902(a)(25)(H)
or section 1912(a)(1)(A), or''.
(c) Effective Date.--The amendments made by this section
shall take effect on October 1, 2014.
SEC. 203. RESTRICTION ON ACCESS TO THE DEATH MASTER FILE.
(a) In General.--The Secretary of Commerce shall not disclose
to any person information contained on the Death Master File
with respect to any deceased individual at any time during the
3-calendar-year period beginning on the date of the
individual's death, unless such person is certified under the
program established under subsection (b).
(b) Certification Program.--
(1) In general.--The Secretary of Commerce shall
establish a program--
(A) to certify persons who are eligible to
access the information described in subsection
(a) contained on the Death Master File, and
(B) to perform periodic and unscheduled
audits of certified persons to determine the
compliance by such certified persons with the
requirements of the program.
(2) Certification.--A person shall not be certified
under the program established under paragraph (1)
unless such person certifies that access to the
information described in subsection (a) is appropriate
because such person--
(A) has--
(i) a legitimate fraud prevention
interest, or
(ii) a legitimate business purpose
pursuant to a law, governmental rule,
regulation, or fiduciary duty, and
(B) has systems, facilities, and procedures
in place to safeguard such information, and
experience in maintaining the confidentiality,
security, and appropriate use of such
information, pursuant to requirements similar
to the requirements of section 6103(p)(4) of
the Internal Revenue Code of 1986, and
(C) agrees to satisfy the requirements of
such section 6103(p)(4) as if such section
applied to such person.
(3) Fees.--
(A) In general.--The Secretary of Commerce
shall establish under section 9701 of title 31,
United States Code, a program for the charge of
fees sufficient to cover (but not to exceed)
all costs associated with evaluating
applications for certification and auditing,
inspecting, and monitoring certified persons
under the program. Any fees so collected shall
be deposited and credited as offsetting
collections to the accounts from which such
costs are paid.
(B) Report.--The Secretary of Commerce shall
report on an annual basis to the Committee on
Finance of the Senate and the Committee on Ways
and Means of the House of Representatives on
the total fees collected during the preceding
year and the cost of administering the
certification program under this subsection for
such year.
(c) Imposition of Penalty.--
(1) In general.--Any person who is certified under
the program established under subsection (b), who
receives information described in subsection (a), and
who during the period of time described in subsection
(a)--
(A) discloses such information to any person
other than a person who meets the requirements
of subparagraphs (A), (B), and (C) of
subsection (b)(2),
(B) discloses such information to any person
who uses the information for any purpose not
listed under subsection (b)(2)(A) or who
further discloses the information to a person
who does not meet such requirements, or
(C) uses any such information for any purpose
not listed under subsection (b)(2)(A),
and any person to whom such information is disclosed
who further discloses or uses such information as
described in the preceding subparagraphs, shall pay a
penalty of $1,000 for each such disclosure or use.
(2) Limitation on penalty.--
(A) In general.--The total amount of the
penalty imposed under this subsection on any
person for any calendar year shall not exceed
$250,000.
(B) Exception for willful violations.--
Subparagraph (A) shall not apply in the case of
violations under paragraph (1) that the
Secretary of Commerce determines to be willful
or intentional violations.
(d) Death Master File.--For purposes of this section, the
term ``Death Master File'' means information on the name,
social security account number, date of birth, and date of
death of deceased individuals maintained by the Commissioner of
Social Security, other than information that was provided to
such Commissioner under section 205(r) of the Social Security
Act (42 U.S.C. 405(r)).
(e) Exemption From Freedom of Information Act Requirement
With Respect to Certain Records of Deceased Individuals.--
(1) In general.--No Federal agency shall be compelled
to disclose the information described in subsection (a)
to any person who is not certified under the program
established under subsection (b).
(2) Treatment of information.--For purposes of
section 552 of title 5, United States Code, this
section shall be considered a statute described in
subsection (b)(3) of such section 552.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2),
this section shall take effect on the date that is 90
days after the date of the enactment of this Act.
(2) FOIA exemption.--Subsection (e) shall take effect
on the date of the enactment of this Act.
SEC. 204. IDENTIFICATION OF INMATES REQUESTING OR RECEIVING IMPROPER
PAYMENTS.
(a) Information Provided to the Prisoner Update Processing
System (PUPS).--
(1) Section 202(x)(3)(b)(i)(i).--Section
202(x)(3)(B)(i)(I) of the Social Security Act (42
U.S.C. 402(x)(3)(B)(i)(I)) is amended by--
(A) inserting ``first, middle, and last''
before ``names'';
(B) striking the comma after the words
``social security account numbers'' and
inserting ``or taxpayer identification numbers,
prison assigned inmate numbers, last known
addresses,'';
(C) inserting ``dates of release or
anticipated dates of release, dates of work
release,'' before ``and, to the extent
available''; and
(D) by inserting ``and clause (iv) of this
subparagraph'' after ``paragraph (1)''.
(2) Section 1611(e)(1)(i)(i)(i).--Section
1611(e)(1)(I)(i)(I) of the Social Security Act (42
U.S.C. 1382(e)(1)(I)(i)(I)) is amended by--
(A) inserting ``first, middle, and last''
before ``names'';
(B) striking the comma after the words
``social security account numbers'' and
inserting ``or taxpayer identification numbers,
prison assigned inmate numbers, last known
addresses,'';
(C) inserting ``dates of release or
anticipated dates of release, dates of work
release,'' before ``and, to the extent
available''; and
(D) by inserting ``and clause (iv) of this
subparagraph'' after ``this paragraph''.
(b) Authority of Secretary of the Treasury to Access PUPS.--
(1) Section 202(x)(3)(b).--Section 202(x)(3)(B) of
the Social Security Act (42 U.S.C. 402(x)(3)(B)) is
amended--
(A) in clause (iv), by inserting before the
period the following: ``, for statistical and
research activities conducted by Federal and
State agencies, and to the Secretary of the
Treasury for the purposes of tax
administration, debt collection, and
identifying, preventing, and recovering
improper payments under federally funded
programs''; and
(B) by adding at the end the following:
``(v)(I) The Commissioner may disclose information received
pursuant to this paragraph to any officer, employee, agent, or
contractor of the Department of the Treasury whose official
duties require such information to assist in the
identification, prevention, and recovery of improper payments
or in the collection of delinquent debts owed to the United
States, including payments certified by the head of an
executive, judicial, or legislative paying agency, and payments
made to individuals whose eligibility, or continuing
eligibility, to participate in a Federal program (including
those administered by a State or political subdivision thereof)
is being reviewed.
``(II) Notwithstanding the provisions of section 552a of
title 5, United States Code, or any other provision of Federal
or State law, the Secretary of the Treasury may compare
information disclosed under subclause (I) with any other
personally identifiable information derived from a Federal
system of records or similar records maintained by a Federal
contractor, a Federal grantee, or an entity administering a
Federal program or activity, and may redisclose such comparison
of information to any paying or administering agency and to the
head of the Federal Bureau of Prisons and the head of any State
agency charged with the administration of prisons with respect
to inmates whom the Secretary of the Treasury has determined
may have been issued, or facilitated in the issuance of, an
improper payment.
``(III) The comparison of information disclosed under
subclause (I) shall not be considered a matching program for
purposes of section 552a of title 5, United States Code.''.
(2) Section 1611(e)(1)(i).--Section 1611(e)(1)(I) of
the Social Security Act (42 U.S.C. 1382(e)(1)(I)) is
amended--
(A) in clause (iii), by inserting before the
period the following: ``, for statistical and
research activities conducted by Federal and
State agencies, and to the Secretary of the
Treasury for the purposes of tax
administration, debt collection, and
identifying, preventing, and recovering
improper payments under federally funded
programs''; and
(B) by adding at the end the following:
``(v)(I) The Commissioner may disclose information received
pursuant to this paragraph to any officer, employee, agent, or
contractor of the Department of the Treasury whose official
duties require such information to assist in the
identification, prevention, and recovery of improper payments
or in the collection of delinquent debts owed to the United
States, including payments certified by the head of an
executive, judicial, or legislative paying agency, and payments
made to individuals whose eligibility, or continuing
eligibility, to participate in a Federal program (including
those administered by a State or political subdivision thereof)
is being reviewed.
``(II) Notwithstanding the provisions of section 552a of
title 5, United States Code, or any other provision of Federal
or State law, the Secretary of the Treasury may compare
information disclosed under subclause (I) with any other
personally identifiable information derived from a Federal
system of records or similar records maintained by a Federal
contractor, a Federal grantee, or an entity administering a
Federal program or activity and may redisclose such comparison
of information to any paying or administering agency and to the
head of the Federal Bureau of Prisons and the head of any State
agency charged with the administration of prisons with respect
to inmates whom the Secretary of the Treasury has determined
may have been issued, or facilitated in the issuance of, an
improper payment.
``(III) The comparison of information disclosed under
subclause (I) shall not be considered a matching program for
purposes of section 552a of title 5, United States Code.''.
(c) Conforming Amendment to the Do Not Pay Initiative.--
Section 5(a)(2) of the Improper Payments Elimination and
Recovery Improvement Act of 2012 (31 U.S.C. 3321 note) is
amended by adding at the end the following:
``(F) Information regarding incarcerated
individuals maintained by the Commissioner of
Social Security under sections 202(x) and
1611(e) of the Social Security Act.''.
TITLE III--NATURAL RESOURCES
SEC. 301. ULTRA-DEEPWATER AND UNCONVENTIONAL NATURAL GAS AND OTHER
PETROLEUM RESOURCES.
(a) Repeal.--Subtitle J of title IX of the Energy Policy Act
of 2005 (42 U.S.C. 16371 et seq.) is repealed.
(b) Rescission.--Any unobligated funds appropriated for
carrying out the subtitle repealed by subsection (a) are
rescinded.
SEC. 302. AMENDMENT TO THE MINERAL LEASING ACT.
Section 35(b) of the Mineral Leasing Act (30 U.S.C. 191(b))
is amended to read as follows--
``(b) Deduction for Administrative Costs.--In determining the
amount of payments to the States under this section, beginning
in fiscal year 2014 and for each year thereafter, the amount of
such payments shall be reduced by 2 percent for any
administrative or other costs incurred by the United States in
carrying out the program authorized by this Act, and the amount
of such reduction shall be deposited to miscellaneous receipts
of the Treasury.''.
SEC. 303. APPROVAL OF AGREEMENT WITH MEXICO.
The Agreement between the United States of America and the
United Mexican States Concerning Transboundary Hydrocarbon
Reservoirs in the Gulf of Mexico, signed at Los Cabos, February
20, 2012, is hereby approved.
SEC. 304. AMENDMENT TO THE OUTER CONTINENTAL SHELF LANDS ACT.
The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.) is amended by adding at the end the following:
``SEC. 32. TRANSBOUNDARY HYDROCARBON AGREEMENTS.
``(a) Authorization.--After the date of enactment of the
Bipartisan Budget Act of 2013, the Secretary may implement the
terms of any transboundary hydrocarbon agreement for the
management of transboundary hydrocarbon reservoirs entered into
by the President and approved by Congress. In implementing such
an agreement, the Secretary shall protect the interests of the
United States to promote domestic job creation and ensure the
expeditious and orderly development and conservation of
domestic mineral resources in accordance with all applicable
United States laws governing the exploration, development, and
production of hydrocarbon resources on the Outer Continental
Shelf.
``(b) Submission to Congress.--
``(1) In general.--No later than 180 days after all
parties to a transboundary hydrocarbon agreement have
agreed to its terms, a transboundary hydrocarbon
agreement that does not constitute a treaty in the
judgment of the President shall be submitted by the
Secretary to--
``(A) the Speaker of the House of
Representatives;
``(B) the Majority Leader of the Senate;
``(C) the Chair of the Committee on Natural
Resources of the House of Representatives; and
``(D) the Chair of the Committee on Energy
and Natural Resources of the Senate.
``(2) Contents of submission.--The submission shall
include--
``(A) any amendments to this Act or other
Federal law necessary to implement the
agreement;
``(B) an analysis of the economic impacts
such agreement and any amendments necessitated
by the agreement will have on domestic
exploration, development, and production of
hydrocarbon resources on the Outer Continental
Shelf; and
``(C) a detailed description of any
regulations expected to be issued by the
Secretary to implement the agreement.
``(c) Implementation of Specific Transboundary Agreement With
Mexico.--The Secretary may take actions as necessary to
implement the terms of the Agreement between the United States
of America and the United Mexican States Concerning
Transboundary Hydrocarbon Reservoirs in the Gulf of Mexico,
signed at Los Cabos, February 20, 2012, including--
``(1) approving unitization agreements and related
arrangements for the exploration, development, or
production of oil and natural gas from transboundary
reservoirs or geological structures;
``(2) making available, in the limited manner
necessary under the agreement and subject to the
protections of confidentiality provided by the
agreement, information relating to the exploration,
development, and production of oil and natural gas from
a transboundary reservoir or geological structure that
may be considered confidential, privileged, or
proprietary information under law;
``(3) taking actions consistent with an expert
determination under the agreement; and
``(4) ensuring only appropriate inspection staff at
the Bureau of Safety and Environmental Enforcement or
other Federal agency personnel designated by the
Bureau, the operator, or the lessee have authority to
stop work on any installation or other device or vessel
permanently or temporarily attached to the seabed of
the United States that may be erected thereon for the
purpose of resource exploration, development or
production activities as approved by the Secretary.
``(d) Savings Provisions.--Nothing in this section shall be
construed--
``(1) to authorize the Secretary to participate in
any negotiations, conferences, or consultations with
Cuba regarding exploration, development, or production
of hydrocarbon resources in the Gulf of Mexico along
the United States maritime border with Cuba or the area
known by the Department of the Interior as the `Eastern
Gap'; or
``(2) as affecting the sovereign rights and the
jurisdiction that the United States has under
international law over the Outer Continental Shelf that
appertains to it.''.
SEC. 305. FEDERAL OIL AND GAS ROYALTY PREPAYMENT CAP.
(a) In General.--Section 111(i) of the Federal Oil and Gas
Royalty Management Act of 1982 (30 U.S.C. 1721(i)) is amended
by striking ``(i) Upon'' and all that follows through ``For
purposes'' and inserting the following:
``(i) Limitation on Interest.--
``(1) In general.--Interest shall not be paid on any
excessive overpayment.
``(2) Excessive overpayment defined.--For purposes''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on July 1, 2014.
SEC. 306. STRATEGIC PETROLEUM RESERVE.
(a) Repeal of Authority To Acquire In-Kind Royalty Crude
Oil.--Section 160(a) of the Energy Policy and Conservation Act
(42 U.S.C. 6240(a)) is amended to read as follows:
``(a) The Secretary may acquire, place in storage, transport,
or exchange petroleum products acquired by purchase or
exchange.''.
(b) Rescission of Funds.--Any unobligated balances available
in the SPR Petroleum Account in the Treasury on the date of
enactment of this section are permanently rescinded.
TITLE IV--FEDERAL CIVILIAN AND MILITARY RETIREMENT
SEC. 401. INCREASE IN CONTRIBUTIONS TO FEDERAL EMPLOYEES' RETIREMENT
SYSTEM FOR NEW EMPLOYEES.
(a) Definition.--
(1) In general.--Section 8401 of title 5, United
States Code, is amended--
(A) in paragraph (36), by striking ``and'' at
the end;
(B) in paragraph (37), by striking the period
and inserting ``; and''; and
(C) by adding at the end the following:
``(38) the term `further revised annuity employee'
means any individual who--
``(A) on December 31, 2013--
``(i) is not an employee or Member
covered under this chapter;
``(ii) is not performing civilian
service which is creditable service
under section 8411; and
``(iii) has less than 5 years of
creditable civilian service under
section 8411; and
``(B) after December 31, 2013, becomes
employed as an employee or becomes a Member
covered under this chapter performing service
which is creditable service under section
8411.''.
(2) Technical amendment.--Section 8401(37)(B) of
title 5, United States Code, is amended by inserting
``and before January 1, 2014,'' after ``after December
31, 2012,''.
(b) Increase in Individual Contributions.--Section 8422(a)(3)
of title 5, United States Code, is amended--
(1) in subparagraph (A), by inserting ``or further
revised annuity employees'' after ``revised annuity
employees''; and
(2) by adding at the end the following:
``(C) The applicable percentage under this paragraph for
civilian service by further revised annuity employees shall be
as follows:
``Employee............................. 10.6...................... After December 31, 2013.
Congressional employee................. 10.6...................... After December 31, 2013.
Member................................. 10.6...................... After December 31, 2013.
Law enforcement officer, firefighter, 11.1...................... After December 31, 2013.
member of the Capitol Police, member
of the Supreme Court Police, or air
traffic controller....................
Nuclear materials courier.............. 11.1...................... After December 31, 2013.
Customs and border protection officer.. 11.1...................... After December 31, 2013.''.
''. (c) Government Contributions.--Section 8423(a)(2) of title
5, United States Code, is amended--
(1) by striking ``(2)'' and inserting ``(2)(A)''; and
(2) by adding at the end the following:
``(B)(i) Subject to clauses (ii) and (iii), for purposes of
any period in any year beginning after December 31, 2013, the
normal-cost percentage under this subsection shall be
determined and applied as if section 401(b) of the Bipartisan
Budget Act of 2013 had not been enacted.
``(ii) Any contributions under this subsection in excess of
the amounts which (but for clause (i)) would otherwise have
been payable shall be applied toward reducing the unfunded
liability of the Civil Service Retirement System.
``(iii) After the unfunded liability of the Civil Service
Retirement System has been eliminated, as determined by the
Office, Government contributions under this subsection shall be
determined and made disregarding this subparagraph.
``(iv) The preceding provisions of this subparagraph shall be
disregarded for purposes of determining the contributions
payable by the United States Postal Service and the Postal
Regulatory Commission.''.
(d) Annuity Calculation.--Section 8415(d) of title 5, United
States Code, is amended by inserting ``or a further revised
annuity employee'' after ``a revised annuity employee''.
SEC. 402. FOREIGN SERVICE PENSION SYSTEM.
(a) Definition.--
(1) In general.--Section 852 of the Foreign Service
Act of 1980 (22 U.S.C. 4071a) is amended--
(A) by redesignating paragraphs (8), (9), and
(10) as paragraphs (9), (10), and (11),
respectively; and
(B) by inserting after paragraph (7) the
following:
``(8) the term `further revised annuity participant'
means any individual who--
``(A) on December 31, 2013--
``(i) is not a participant;
``(ii) is not performing service
which is creditable service under
section 854; and
``(iii) has less than 5 years
creditable service under section 854;
and
``(B) after December 31, 2013, becomes a
participant performing service which is
creditable service under section 854;''.
(2) Technical amendment.--Section 852(7)(B) of the
Foreign Service Act of 1980 (22 U.S.C. 4071a(7)(B)) is
amended by inserting ``and before January 1, 2014,''
after ``after December 31, 2012,''.
(b) Deductions and Withholdings From Pay.--Section 856(a)(2)
of the Foreign Service Act of 1980 (22 U.S.C. 4071e(a)(2)) is
amended--
(1) in subparagraph (A), by inserting ``or a further
revised annuity participant'' after ``revised annuity
participant''; and
(2) by adding at the end the following:
``(C) The applicable percentage for a further revised annuity
participant shall be as follows:
``11.15.......................... After December 31, 2013.''.
''. (c) Government Contributions.--Section 857 of the Foreign
Service Act of 1980 (22 U.S.C. 4071f) is amended by adding at
the end the following:
``(c)(1) Subject to paragraphs (2) and (3), for purposes of
any period in any year beginning after December 31, 2013, the
normal-cost percentage under this section shall be determined
and applied as if section 402(b) of the Bipartisan Budget Act
of 2013 had not been enacted.
``(2) Any contributions under this section in excess of the
amounts which (but for paragraph (1)) would otherwise have been
payable shall be applied toward reducing the unfunded liability
of the Foreign Service Retirement and Disability System.
``(3) After the unfunded liability of the Foreign Service
Retirement and Disability System has been eliminated, as
determined by the Secretary of State, Government contributions
under this section shall be determined and made disregarding
this subsection.''.
SEC. 403. ANNUAL ADJUSTMENT OF RETIRED PAY AND RETAINER PAY AMOUNTS FOR
RETIRED MEMBERS OF THE ARMED FORCES UNDER AGE 62.
(a) CPI Minus One Percent.--Section 1401a(b) of title 10,
United States Code, is amended--
(1) in paragraph (1), by striking ``paragraphs (2)
and (3)'' and inserting ``paragraph (2), (3), or (4)'';
(2) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(3) by inserting after paragraph (3) the following
new paragraph (4):
``(4) Reduced percentage for retired members under
age 62.--
``(A) In general.--Effective on December 1 of
each year, the retired pay of each member and
former member under 62 years of age entitled to
that pay shall be adjusted in accordance with
this paragraph instead of paragraph (2) or (3).
``(B) CPI minus one.--If the percent
determined under paragraph (2) is greater than
1 percent, the Secretary shall increase the
retired pay of each member and former member by
the difference between--
``(i) the percent determined under
paragraph (2); and
``(ii) 1 percent.
``(C) No negative adjustment.--If the percent
determined under paragraph (2) is equal to or
less than 1 percent, the Secretary shall not
increase the retired pay of members and former
members under this paragraph.
``(D) Revised adjustment upon reaching age
62.--When a member or former member whose
retired pay has been subject to adjustment
under this paragraph becomes 62 years of age,
the Secretary of Defense shall recompute the
retired pay of the member or former member, to
be effective on the date of the next adjustment
of retired pay under this subsection, so as to
be the amount equal to the amount of retired
pay to which the member or former member would
be entitled on that date if increases in the
retired pay of the member or former member had
been computed as provided in paragraph (2) or
as specified in section 1410 of this title, as
applicable, rather than this paragraph.
``(E) Inapplicability of catch-up rule.--
Paragraph (5) shall not apply in the case of
adjustments made, or not made, as a result of
application of this paragraph.''.
(b) Restoral of Full Retirement Amount at Age 62.--Section
1410(1) of title 10, United States Code, is amended by striking
``paragraph (3)'' and inserting ``paragraph (3) or (4)''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on December 1, 2015.
TITLE V--HIGHER EDUCATION
SEC. 501. DEFAULT REDUCTION PROGRAM.
Section 428F(a)(1) of the Higher Education Act of 1965 (20
U.S.C. 1078-6(a)(1)) is amended--
(1) in subparagraph (A), by striking clause (ii) and
inserting the following:
``(ii) beginning July 1, 2014, assign
the loan to the Secretary if the
guaranty agency has been unable to sell
the loan under clause (i).''; and
(2) in subparagraph (D), by striking clause (i) and
inserting the following:
``(i) the guaranty agency--
``(I) shall, in the case of a
sale made on or after July 1,
2014, repay the Secretary 100
percent of the amount of the
principal balance outstanding
at the time of such sale,
multiplied by the reinsurance
percentage in effect when
payment under the guaranty
agreement was made with respect
to the loan; and
``(II) may, in the case of a
sale made on or after July 1,
2014, in order to defray
collection costs--
``(aa) charge to the
borrower an amount not
to exceed 16 percent of
the outstanding
principal and interest
at the time of the loan
sale; and
``(bb) retain such
amount from the
proceeds of the loan
sale; and''.
SEC. 502. ELIMINATION OF NONPROFIT SERVICING CONTRACTS.
The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is
amended--
(1) in section 456 (20 U.S.C. 1087f)--
(A) in subsection (a), by striking paragraph
(4); and
(B) by striking subsection (c); and
(2) in section 458(a) (20 U.S.C. 1087h(a)), by
striking paragraph (2).
TITLE VI--TRANSPORTATION
SEC. 601. AVIATION SECURITY SERVICE FEES.
(a) Air Carrier Fees.--
(1) Repeal.--Section 44940(a)(2) of title 49, United
States Code, is repealed.
(2) Conforming amendment.--Section 44940(d)(1) of
such title is amended by striking ``, and may impose a
fee under subsection (a)(2),''.
(3) Effective date.--The repeal made by paragraph (1)
and the amendment made by paragraph (2) shall each take
effect on October 1, 2014.
(b) Restructuring of Passenger Fee.--Section 44940(c) of such
title is amended to read as follows:
``(c) Limitation on Fee.--Fees imposed under subsection
(a)(1) shall be $5.60 per one-way trip in air transportation or
intrastate air transportation that originates at an airport in
the United States.''.
(c) Deposit of Receipts in General Fund.--Section 44940(i) of
such title is amended to read as follows:
``(i) Deposit of Receipts in General Fund.--
``(1) In general.--Beginning in fiscal year 2014, out
of fees received in a fiscal year under subsection
(a)(1), after amounts are made available in the fiscal
year under section 44923(h), the next funds derived
from such fees in the fiscal year, in the amount
specified for the fiscal year in paragraph (4), shall
be credited as offsetting receipts and deposited in the
general fund of the Treasury.
``(2) Fee levels.--The Secretary of Homeland Security
shall impose the fee authorized by subsection (a)(1) so
as to collect in a fiscal year at least the amount
specified in paragraph (4) for the fiscal year for
making deposits under paragraph (1).
``(3) Relationship to other provisions.--Subsections
(b) and (f) shall not apply to amounts to be used for
making deposits under this subsection.
``(4) Fiscal year amounts.--For purposes of
paragraphs (1) and (2), the fiscal year amounts are as
follows:
``(A) $390,000,000 for fiscal year 2014.
``(B) $1,190,000,000 for fiscal year 2015.
``(C) $1,250,000,000 for fiscal year 2016.
``(D) $1,280,000,000 for fiscal year 2017.
``(E) $1,320,000,000 for fiscal year 2018.
``(F) $1,360,000,000 for fiscal year 2019.
``(G) $1,400,000,000 for fiscal year 2020.
``(H) $1,440,000,000 for fiscal year 2021.
``(I) $1,480,000,000 for fiscal year 2022.
``(J) $1,520,000,000 for fiscal year 2023.''.
(d) Imposition of Fee Increase.--The Secretary of Homeland
Security shall implement the fee increase authorized by the
amendment made by subsection (b)--
(1) beginning on July 1, 2014; and
(2) through the publication of notice of such fee in
the Federal Register, notwithstanding section 9701 of
title 31, United States Code, and the procedural
requirements of section 553 of title 5, United States
Code.
(e) Continued Availability of Existing Balances.--The
amendments made by this section shall not affect the
availability of funds made available under section 44940(i) of
title 49, United States Code, before the date of enactment of
this Act.
SEC. 602. TRANSPORTATION COST REIMBURSEMENT.
(a) Repeal.--Sections 55316 and 55317 of chapter 553 of title
46, United States Code, are repealed.
(b) Table of Sections Amendment.--The table of sections at
the beginning of chapter 553 of title 46, United States Code,
is amended by striking the items relating to section 55316 and
55317.
SEC. 603. STERILE AREAS AT AIRPORTS.
Section 44903 of title 49, United States Code, is amended by
adding at the end the following:
``(n) Passenger Exit Points From Sterile Area.--
``(1) In general.--The Secretary of Homeland Security
shall ensure that the Transportation Security
Administration is responsible for monitoring passenger
exit points from the sterile area of airports at which
the Transportation Security Administration provided
such monitoring as of December 1, 2013.
``(2) Sterile area defined.--In this section, the
term `sterile area' has the meaning given that term in
section 1540.5 of title 49, Code of Federal Regulations
(or any corresponding similar regulation or ruling).''.
TITLE VII--MISCELLANEOUS PROVISIONS
SEC. 701. EXTENSION OF CUSTOMS USER FEES.
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 ``October 22,
2021'' and inserting ``September 30, 2023''; and
(2) in subparagraph (B)(i), by striking ``October 29,
2021'' and inserting ``September 30, 2023''.
SEC. 702. LIMITATION ON ALLOWABLE GOVERNMENT CONTRACTOR COMPENSATION
COSTS.
(a) Limitation.--
(1) Civilian contracts.--Section 4304(a)(16) of title
41, United States Code, is amended to read as follows:
``(16) Costs of compensation of contractor and
subcontractor employees for a fiscal year, regardless
of the contract funding source, to the extent that such
compensation exceeds $487,000 per year, adjusted
annually to reflect the change in the Employment Cost
Index for all workers, as calculated by the Bureau of
Labor Statistics, except that the head of an executive
agency may establish one or more narrowly targeted
exceptions for scientists, engineers, or other
specialists upon a determination that such exceptions
are needed to ensure that the executive agency has
continued access to needed skills and capabilities.''.
(2) Defense contracts.--Section 2324(e)(1)(P) of
title 10, United States Code, is amended to read as
follows:
``(P) Costs of compensation of contractor and
subcontractor employees for a fiscal year,
regardless of the contract funding source, to
the extent that such compensation exceeds
$487,000 per year, adjusted annually to reflect
the change in the Employment Cost Index for all
workers, as calculated by the Bureau of Labor
Statistics, except that the head of an
executive agency may establish one or more
narrowly targeted exceptions for scientists,
engineers, or other specialists upon a
determination that such exceptions are needed
to ensure that the executive agency has
continued access to needed skills and
capabilities.''.
(b) Conforming Amendments.--
(1) Repeal.--Section 1127 of title 41, United States
Code, is hereby repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 11 of title 41, United States
Code, is amended by striking the item relating to
section 1127.
(c) Applicability.--This section and the amendments made by
this section shall apply only with respect to costs of
compensation incurred under contracts entered into on or after
the date that is 180 days after the date of the enactment of
this Act.
(d) Reports.--
(1) In general.--Not later than 60 days after the end
of each fiscal year, the Director of the Office of
Management and Budget shall submit a report on
contractor compensation to--
(A) the Committee on Armed Services of the
Senate;
(B) the Committee on Armed Services of the
House of Representatives;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on Oversight and Government
Reform of the House of Representatives;
(E) the Committee on Appropriations of the
Senate; and
(F) the Committee on Appropriations of the
House of Representatives.
(2) Elements.--The report required under paragraph
(1) shall include--
(A) the total number of contractor employees,
by executive agency, in the narrowly targeted
exception positions described under subsection
(a) during the preceding fiscal year;
(B) the taxpayer-funded compensation amounts
received by each contractor employee in a
narrowly targeted exception position during
such fiscal year; and
(C) the duties and services performed by
contractor employees in the narrowly targeted
exception positions during such fiscal year.
(e) Review.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense and the
Director of the Office of Management and Budget shall report to
Congress on alternative benchmarks and industry standards for
compensation, including whether any such benchmarks or
standards would provide a more appropriate measure of allowable
compensation for the purposes of section 2324(e)(1)(P) of title
10, United States Code, and section 4304(a)(16) of title 41,
United States Code, as amended by this Act.
SEC. 703. PENSION BENEFIT GUARANTY CORPORATION PREMIUM RATE INCREASES.
(a) Flat-Rate Premium Increases.--Section 4006(a)(3)(A)(i) of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1306(a)(3)(A)(i)) is amended--
(1) in subclause (II), by striking ``and'' at the
end;
(2) in subclause (III), by inserting ``and before
January 1, 2015,'' after ``December 31, 2013''; and
(3) by inserting after subclause (III) the following:
``(IV) for plan years beginning after
December 31, 2014, and before January 1, 2016,
$57; and
``(V) for plan years beginning after December
31, 2015, and before January 1, 2017, $64.''.
(b) Flat-Rate Premium Rate Indexed to Wages.--
(1) In general.--Section 4006(a)(3) of such Act (29
U.S.C. 1306(a)(3)) is amended--
(A) by redesignating subparagraphs (G)
through (J) as subparagraphs (H) through (K),
respectively; and
(B) by inserting after subparagraph (F) the
following:
``(G) For each plan year beginning in a calendar year after
2016, there shall be substituted for the premium rate specified
in clause (i) of subparagraph (A) an amount equal to the
greater of--
``(i) the product derived by multiplying the premium
rate specified in clause (i) of subparagraph (A) by the
ratio of--
``(I) the national average wage index (as
defined in section 209(k)(1) of the Social
Security Act) for the first of the 2 calendar
years preceding the calendar year in which such
plan year begins, to
``(II) the national average wage index (as so
defined) for 2014; and
``(ii) the premium rate in effect under clause (i) of
subparagraph (A) for plan years beginning in the
preceding calendar year.
If the amount determined under this subparagraph is not a
multiple of $1, such product shall be rounded to the nearest
multiple of $1.''.
(2) Conforming amendments.--Section 4006(a)(3)(F) of
such Act (29 U.S.C. 1306(a)(3)(F)) is amended--
(A) in the matter before clause (i), by
inserting ``and before 2013'' after ``after
2006''; and
(B) in the flush text following clause (ii),
by striking the second sentence.
(c) Variable Rate Premium Increases.--
(1) In general.--Section 4006(a)(8)(C) of such Act
(29 U.S.C. 1306(a)(8)(C)) is amended--
(A) in clause (i), by striking ``and'' at the
end;
(B) in clause (ii), by striking ``$5.'' and
inserting ``$10; and''; and
(C) by adding at the end the following:
``(iii) in the case of plan years
beginning in calendar year 2016, by
$5.''.
(2) Conforming amendments.--Section 4006(a)(8) of
such Act (29 U.S.C. 1306(a)(8)) is amended--
(A) in subparagraph (A)--
(i) in clause (ii), by striking
``and'' at the end;
(ii) in clause (iii), by striking the
period at the end and inserting ``;
and''; and
(iii) by adding at the end the
following:
``(iv) for plan years beginning after
calendar year 2016, the amount in
effect for plan years beginning in 2016
(determined after application of
subparagraph (C)).''; and
(B) in subparagraph (D)--
(i) in clause (ii), by striking
``and'' at the end;
(ii) in clause (iii), by striking the
period at the end and inserting ``;
and''; and
(iii) by adding at the end the
following:
``(iv) 2014, in the case of plan
years beginning after calendar year
2016.''.
(d) Increase in Variable Rate Premium Cap.--
(1) In general.--Section 4006(a)(3)(E)(i) of such Act
(29 U.S.C. 1306(a)(3)(E)(i)) is amended--
(A) in subclause (I), by striking ``and'' at
the end;
(B) in subclause (II)--
(i) by inserting ``and before 2016''
after ``2012''; and
(ii) by striking the period at the
end and inserting ``and''; and
(C) by adding at the end the following:
``(III) in the case of plan years beginning in a
calendar year after 2015, shall not exceed $500.''.
(2) Index to wages.--Section 4006(a)(3) of such Act
(29 U.S.C. 1306(a)(3)) is amended--
(A) in subparagraph (K) (as redesignated by
subsection (b)(1)(A)), by inserting ``and
before 2016'' after ``2013''; and
(B) by inserting at the end the following:
``(L) For each plan year beginning in a calendar year after
2016, there shall be substituted for the dollar amount
specified in subclause (III) of subparagraph (E)(i) an amount
equal to the greater of--
``(i) the product derived by multiplying such dollar
amount by the ratio of--
``(I) the national average wage index (as
defined in section 209(k)(1) of the Social
Security Act) for the first of the 2 calendar
years preceding the calendar year in which such
plan year begins, to
``(II) the national average wage index (as so
defined) for 2014; and
``(ii) such dollar amount for plan years beginning in
the preceding calendar year.
If the amount determined under this subparagraph is not a
multiple of $1, such product shall be rounded to the nearest
multiple of $1.''.
(e) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2013.
SEC. 704. CANCELLATION OF UNOBLIGATED BALANCES.
(a) Department of Justice Assets Forfeiture Fund.--Effective
on the date of enactment of this Act, of the unobligated
balances available under the Department of Justice Assets
Forfeiture Fund, $693,000,000 are permanently cancelled.
(b) Treasury Forfeiture Fund.--Effective on the date of
enactment of this Act, of the unobligated balances available
under the Department of the Treasury Forfeiture Fund,
$867,000,000, are permanently cancelled.
SEC. 705. CONSERVATION PLANNING TECHNICAL ASSISTANCE USER FEES.
(a) User Fees Authorized.--Section 3 of the Soil Conservation
and Domestic Allotment Act (16 U.S.C. 590c) is amended--
(1) by striking ``require--'' and inserting ``require
the following:'';
(2) in paragraph (1), by striking the semicolon at
the end and inserting a period;
(3) in paragraph (2), by striking ``; and'' at the
end and inserting a period; and
(4) by adding at the end the following:
``(4)(A) The payment of user fees for conservation planning
technical assistance if the Secretary determines that the fees,
subject to subparagraph (B), are--
``(i) reasonable and appropriate;
``(ii) assessed for conservation planning technical
assistance resulting in the development of a
conservation plan; and
``(iii) assessed based on the size of the land or the
complexity of the resource issues involved.
``(B) Fees under subparagraph (A) may not exceed $150 per
conservation plan for which technical assistance is provided.
``(C) The Secretary may waive fees otherwise required under
subparagraph (A) in the case of conservation planning technical
assistance provided--
``(i) to beginning farmers or ranchers (as defined in
section 343(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a));
``(ii) to limited resource farmers or ranchers (as
defined by the Secretary);
``(iii) to socially disadvantaged farmers or ranchers
(as defined in section 355(e) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2003(e));
``(iv) to qualify for an exemption from ineligibility
under section 1212 of the Food Security Act of 1985 (16
U.S.C. 3812); or
``(v) to comply with Federal, State, or local
regulatory requirements.''.
(b) Conservation Technical Assistance Fund.--Section 6 of the
Soil Conservation and Domestic Allotment Act (16 U.S.C. 590f)
is amended--
(1) by striking ``SEC. 6.'' and all that follows
through ``There are hereby authorized'' and inserting
the following:
``SEC. 6. AUTHORIZATION OF APPROPRIATIONS AND CONSERVATION TECHNICAL
ASSISTANCE FUNDS.
``(a) Authorization of Appropriations.--There is
authorized''; and
(2) by adding at the end the following:
``(b) Conservation Technical Assistance Fund.--
``(1) In general.--There is established in the
Treasury of the United States a fund to be known as the
`Conservation Technical Assistance Fund' (referred to
in this subsection as the `Fund'), to be administered
by the Secretary of Agriculture.
``(2) Deposits.--An amount equal to the amounts
collected as fees under section 3(4) and late payments,
interest, and such other amounts as are authorized to
be collected pursuant to section 3717 of title 31,
United States Code, shall be deposited in the Fund.
``(3) Availability.--Amounts in the Fund shall--
``(A) only be available to the extent and in
the amount provided in advance in
appropriations Acts;
``(B) be used for the costs of carrying out
this Act; and
``(C) remain available until expended.''.
SEC. 706. SELF PLUS ONE COVERAGE.
(a) Election of Coverage.--Section 8905 of title 5, United
States Code, is amended--
(1) by striking subsection (a) and inserting the
following:
``(a) An employee may enroll in an approved health benefits
plan described in section 8903 or 8903a--
``(1) as an individual;
``(2) for self plus one; or
``(3) for self and family.'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter following
subparagraph (B), by inserting ``for self plus
one or'' before ``self and family as provided
in paragraph (2) of this subsection''; and
(B) in paragraph (2)--
(i) in the matter preceding
subparagraph (A), by inserting ``for
self plus one or'' before ``for self
and family''; and
(ii) in subparagraph (B), by
inserting ``(or, in the case of self
plus one coverage, not more than 1 such
child)'' after ``adopted children'';
(3) in subsection (e), by striking ``or each spouse
may enroll as an individual'' and inserting ``or for a
self plus one enrollment that covers the spouse, or
each spouse may enroll as an individual or for a self
plus one enrollment that does not cover the other
spouse or a child who is covered under the enrollment
of the other spouse''; and
(4) in subsection (h)--
(A) by striking ``self and family
enrollment'' each place it appears and
inserting ``self plus one or self and family
enrollment, as necessary to provide health
insurance coverage for each child who is
covered under the order,'';
(B) by striking ``a child'' each place it
appears and inserting ``1 or more children'';
(C) by striking ``the child resides'' each
place it appears and inserting ``the child or
children reside'';
(D) in paragraph (1), by striking ``self and
family coverage'' each place it appears and
inserting ``self plus one or self and family
coverage, as necessary to provide health
insurance coverage for each child who is
covered under the order,''; and
(E) in paragraph (3), by striking ``the child
continues'' and inserting ``the child or
children continue''.
(b) Continued Coverage.--Section 8905a of title 5, United
States Code, is amended--
(1) in subsection (d)(3)(A), by inserting ``for self
plus one or'' before ``for self and family''; and
(2) in subsection (f)(3)(A), by striking ``for self
and family based on such person's separation from
service'' and inserting ``based on such person's
separation from service under a self plus one
enrollment that covered the individual or under a self
and family enrollment''.
(c) Contributions.--Section 8906(a)(1) of title 5, United
States Code is amended--
(1) in subparagraph (A), by striking at the end
``and'';
(2) by redesignating subparagraph (B) as subparagraph
(C); and
(3) by inserting after subparagraph (A) the
following:
``(B) enrollments under this chapter for self plus
one; and''.
(d) Weighted Average for First Year.--For the first contract
year for which an employee may enroll for self plus one
coverage under chapter 89 of title 5, United States Code, the
Office of Personnel Management shall determine the weighted
average of the subscription charges that will be in effect for
the contract year for enrollments for self plus one under such
chapter based on an actuarial analysis.
---------- --
PART B--TEXT OF THE MODIFICATION TO THE HOUSE AMENDMENT IN PART A
Page 56, line 8 of the House amendment, strike ``Section''
and insert ``Effective July 1, 2014, section''.
Insert at the end of the House amendment the following:
DIVISION B--MEDICARE AND OTHER HEALTH PROVISIONS
SEC. 1001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Pathway
for SGR Reform Act of 2013''.
(b) Table of Contents.--The table of contents of this
division is as follows:
DIVISION B--MEDICARE AND OTHER HEALTH PROVISIONS
Sec. 1001. Short title; table of contents.
Sec. 1002. Findings; purpose statement.
TITLE I--MEDICARE EXTENDERS
Sec. 1101. Physician payment update.
Sec. 1102. Extension of work GPCI floor.
Sec. 1103. Extension of therapy cap exceptions process.
Sec. 1104. Extension of ambulance add-ons.
Sec. 1105. Medicare inpatient hospital payment adjustment for low-volume
hospitals.
Sec. 1106. Medicare-dependent hospital (MDH) program.
Sec. 1107. 1-year extension of authorization for special needs plans.
Sec. 1108. 1-year extension of Medicare reasonable cost contracts.
Sec. 1109. Extension of existing funding for contract with consensus-
based entity.
Sec. 1110. Extension of funding outreach and assistance for low-income
programs.
TITLE II--OTHER HEALTH PROVISIONS
Sec. 1201. Extension of the qualifying individual (QI) program.
Sec. 1202. Temporary extension of transitional medical assistance (TMA).
Sec. 1203. Extension of funding for family-to-family health information
centers.
Sec. 1204. Delay of reductions to Medicaid DSH allotments.
Sec. 1205. Realignment of the Medicare sequester for fiscal year 2023.
Sec. 1206. Payment for inpatient services in long-term care hospitals
(LTCHs).
SEC. 1002. FINDINGS; PURPOSE STATEMENT.
In order to support the provision of quality care for our
nations seniors, Congress finds it appropriate to reform
physician reimbursements under the Medicare program. SGR reform
legislation provides such an opportunity, but not until next
year. In order to facilitate such reform, Congress finds that
the Centers for Medicare & Medicaid Services should continue to
focus its efforts on the following areas:
(1) Simplify and reduce administrative burden on
physicians.--The application and assessment of measures
and other activities under SGR reform should be
facilitated by the Centers for Medicare and Medicaid
Services (CMS) in a way that accounts for the
administrative burden such measurement places on
physicians. Therefore, the Congress encourages CMS to
identify and implement, to the extent practicable,
mechanisms to ensure that the application and
assessment of measures be coordinated across programs.
(2) Timely feedback for physicians.--In order for
measure and assessment programs to encourage the
highest quality care for Medicare seniors, the Congress
finds it critical that CMS provide physicians with
feedback on performance in as close to real time as
possible. Such timely feedback will ensure that
physicians can excel under a system of meaningful
measurement.
(3) Encourage development of new models.--There is
great need to test alternatives to Fee-For-Service
reimbursement in the Medicare program. One option is
the promotion and adoption of new models of care for
physicians. To date, there has been significant
development and testing of models for primary care.
Congress supports these efforts and encourages them to
continue in the future. Congress also encourages the
development and testing of models of specialty care.
TITLE I--MEDICARE EXTENDERS
SEC. 1101. PHYSICIAN PAYMENT UPDATE.
Section 1848(d) of the Social Security Act (42 U.S.C. 10
1395w-4(d)) is amended by adding at the end the following new
paragraph:
``(15) Update for january through march of 2014.--
``(A) In general.--Subject to paragraphs
(7)(B), (8)(B), (9)(B), (10)(B), (11)(B),
(12)(B), (13)(B), and (14)(B), in lieu of the
update to the single conversion factor
established in paragraph (1)(C) that would
otherwise apply for 2014 for the period
beginning on January 1, 2014, and ending on
March 31, 2014, the update to the single
conversion factor shall be 0.5 percent.
``(B) No effect on computation of conversion
factor for remaining portion of 2014 and
subsequent years.--The conversion factor under
this subsection shall be computed under
paragraph (1)(A) for the period beginning on
April 1, 2014, and ending on December 31, 2014,
and for 2015 and subsequent years as if
subparagraph (A) had never applied.''.
SEC. 1102. 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, 2014''
and inserting ``April 1, 2014''.
SEC. 1103. EXTENSION OF THERAPY CAP EXCEPTIONS PROCESS.
Section 1833(g) of the Social Security Act (42 U.S.C.
1395l(g)) is amended--
(1) in paragraph (5)(A), in the first sentence, by
striking ``December 31, 2013'' and inserting ``March
31, 2014''; and
(2) in paragraph (6)(A)--
(A) by striking ``December 31, 2013'' and
inserting ``March 31, 2014''; and
(B) by striking ``or 2013'' and inserting ``,
2013, or the first three months of 2014''.
SEC. 1104. EXTENSION OF AMBULANCE ADD-ONS.
(a) Ground Ambulance.--Section 1834(l)(13)(A) of the Social
Security Act (42 U.S.C. 1395m(l)(13)(A)) is amended--
(1) in the matter preceding clause (i), by striking
``January 1, 2014'' and inserting ``April 1, 2014'';
and
(2) in each of clauses (i) and (ii), by striking
``January 1, 2014'' and inserting ``April 1, 2014''
each place it appears.
(b) Super Rural Ground Ambulance.--Section 1834(l)(12)(A) of
the Social Security Act (42 U.S.C. 1395m(l)(12)(A)) is amended
by striking ``January 1, 2014'' and inserting ``April 1,
2014''.
SEC. 1105. MEDICARE INPATIENT HOSPITAL PAYMENT ADJUSTMENT FOR LOW-
VOLUME HOSPITALS.
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 2014 and
subsequent fiscal years'' and inserting ``the portion
of fiscal year 2014 beginning on April 1, 2014, fiscal
year 2015, and subsequent fiscal years'';
(2) in subparagraph (C)(i)--
(A) by inserting ``and the portion of fiscal
year 2014 before'' after ``and 2013,'' each
place it appears; and
(B) by inserting ``or portion of fiscal
year'' after ``during the fiscal year''; and
(3) in subparagraph (D)--
(A) by inserting ``and the portion of fiscal
year 2014 before April 1, 2014,'' after ``and
2013,''; and
(B) by inserting ``or the portion of fiscal
year'' after ``in the fiscal year''.
SEC. 1106. 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, 2013''
and inserting ``April 1, 2014''; and
(2) in clause (ii)(II), by striking ``October 1,
2013'' and inserting ``April 1, 2014''.
(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, 2013'' and inserting
``April 1, 2014''; and
(B) in clause (iv), by inserting ``and the
portion of fiscal year 2014 before April 1,
2014'' after ``through fiscal year 2013''.
(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
2013'' and inserting ``through the first 2 quarters of
fiscal year 2014''.
SEC. 1107. 1-YEAR EXTENSION OF AUTHORIZATION FOR SPECIAL NEEDS PLANS.
Section 1859(f)(1) of the Social Security Act (42 U.S.C.
1395w-28(f)(1)) is amended by striking ``2015'' and inserting
``2016''.
SEC. 1108. 1-YEAR EXTENSION OF MEDICARE REASONABLE COST CONTRACTS.
Section 1876(h)(5)(C)(ii) of the Social Security Act (42
U.S.C. 1395mm(h)(5)(C)(ii)) is amended, in the matter preceding
subclause (I), by striking ``January 1, 2014'' and inserting
``January 1, 2015''.
SEC. 1109. EXTENSION OF EXISTING FUNDING FOR CONTRACT WITH CONSENSUS-
BASED ENTITY.
Section 1890(d) of the Social Security Act (42 U.S.C.
1395aaa(d)) is amended by adding at the end the following new
sentence: ``Amounts transferred under the preceding sentence
shall remain available until expended.''.
SEC. 1110. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME
PROGRAMS.
(a) 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) and
section 610 of the American Taxpayer Relief Act of 2012 (Public
Law 112-240), is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(3) by inserting after clause (iii) the following new
clause:
``(iv) for the portion of fiscal year
2014 before April 1, 2014, of
$3,750,000.''.
(b) Additional Funding for Area Agencies on Aging.--
Subsection (b)(1)(B) of such section 119, as so amended, is
amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(3) by inserting after clause (iii) the following new
clause:
``(iv) for the portion of fiscal year
2014 before April 1, 2014, of
$3,750,000.''.
(c) Additional Funding for Aging and Disability Resource
Centers.--Subsection (c)(1)(B) of such section 119, as so
amended, is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(3) by inserting after clause (iii) the following new
clause:
``(iv) for the portion of fiscal year
2014 before April 1, 2014, of
$2,500,000.''.
(d) 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--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(3) by inserting after clause (iii) the following new
clause:
``(iv) for the portion of fiscal year
2014 before April 1, 2014, of
$2,500,000.''.
TITLE II--OTHER HEALTH PROVISIONS
SEC. 1201. EXTENSION OF THE QUALIFYING INDIVIDUAL (QI) PROGRAM.
(a) Extension.--Section 1902(a)(10)(E)(iv) of the Social
Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by
striking ``December 2013'' and inserting ``March 2014''.
(b) Extending Total Amount Available for Allocation.--Section
1933(g) of the Social Security Act (42 U.S.C. 1396u-3(g)) is
amended--
(1) in paragraph (2)--
(A) in subparagraph (S), by striking ``and''
after the semicolon;
(B) in subparagraph (T), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(U) for the period that begins on January
1, 2014, and ends on March 31, 2014, the total
allocation amount is $200,000,000.''.
SEC. 1202. TEMPORARY EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE
(TMA).
Sections 1902(e)(1)(B) and 1925(f) of the Social Security Act
(42 U.S.C. 1396a(e)(1)(B), 1396r-6(f)) are each amended by
striking ``December 31, 2013'' and inserting ``March 31,
2014''.
SEC. 1203. EXTENSION OF FUNDING FOR FAMILY-TO-FAMILY HEALTH INFORMATION
CENTERS.
Section 501(c)(1)(A) of the Social Security Act (42 U.S.C.
701(c)(1)(A)) is amended--
(1) in clause (ii), by striking at the end ``and'';
(2) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following new clause:
``(iv) $2,500,000 for the portion of
fiscal year 2014 before April 1,
2014.''.
SEC. 1204. DELAY OF REDUCTIONS TO MEDICAID DSH ALLOTMENTS.
(a) In General.--Section 1923(f) of the Social Security Act
(42 U.S.C. 1396r-4(f)) is amended--
(1) in paragraph (7)(A)--
(A) in clause (i), by striking ``2014'' and
inserting ``2016''; and
(B) in clause (ii)--
(i) by striking subclauses (I) and
(II);
(ii) by redesignating subclauses
(III) through (VII) as subclauses (I)
through (V), respectively; and
(iii) in subclause (I) (as
redesignated by clause (ii)), by
striking ``$600,000,000'' and inserting
``$1,200,000,000''; and
(2) in paragraph (8)--
(A) by redesignating subparagraph (C) as
subparagraph (D);
(B) by inserting after subparagraph (B) the
following new subparagraph:
``(C) Fiscal year 2023.--Only with respect to
fiscal year 2023, the DSH allotment for a
State, in lieu of the amount determined under
paragraph (3) for the State for that year,
shall be equal to the DSH allotment for the
State for fiscal year 2022, as determined under
subparagraph (B), increased, subject to
subparagraphs (B) and (C) of paragraph (3), and
paragraph (5), by the percentage change in the
consumer price index for all urban consumers
(all items; U.S. city average), for fiscal year
2022.''; and
(C) in subparagraph (D) (as redesignated by
subparagraph (A)), by striking ``fiscal year
2022'' and inserting ``fiscal year 2023''.
(b) Effective Date.--The amendments made by subsection (a)
shall be effective as of October 1, 2013.
SEC. 1205. REALIGNMENT OF THE MEDICARE SEQUESTER FOR FISCAL YEAR 2023.
Paragraph (6) (relating to implementing direct spending
reductions, as redesignated by section 101(d)(2)(C), and as
amended by section 101(c), of the Bipartisan Budget Act of
2013) of section 251A of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901a) is amended by
adding at the end the following new subparagraph:
``(C) Notwithstanding the 2 percent limit specified
in subparagraph (A) for payments for the Medicare
programs specified in section 256(d), the sequestration
order of the President under such subparagraph for
fiscal year 2023 shall be applied to such payments so
that--
``(i) with respect to the first 6 months in
which such order is effective for such fiscal
year, the payment reduction shall be 2.90
percent; and
``(ii) with respect to the second 6 months in
which such order is so effective for such
fiscal year, the payment reduction shall be
1.11 percent.''.
SEC. 1206. PAYMENT FOR INPATIENT SERVICES IN LONG-TERM CARE HOSPITALS
(LTCHS).
(a) Establishment of Criteria for Application of Site Neutral
Payment.--
(1) In general.--Section 1886(m) of the Social
Security Act (42 U.S.C. 1395ww(m)) is amended by adding
at the end the following:
``(6) Application of site neutral ipps payment rate
in certain cases.--
``(A) General application of site neutral
ipps payment amount for discharges failing to
meet applicable criteria.--
``(i) In general.--For a discharge in
cost reporting periods beginning on or
after October 1, 2015, except as
provided in clause (ii) and
subparagraph (C), payment under this
title to a long-term care hospital for
inpatient hospital services shall be
made at the applicable site neutral
payment rate (as defined in
subparagraph (B)).
``(ii) Exception for certain
discharges meeting criteria.--Clause
(i) shall not apply (and payment shall
be made to a long-term care hospital
without regard to this paragraph) for a
discharge if--
``(I) the discharge meets the
ICU criterion under clause
(iii) or the ventilator
criterion under clause (iv);
and
``(II) the discharge does not
have a principal diagnosis
relating to a psychiatric
diagnosis or to rehabilitation.
``(iii) Intensive care unit (icu)
criterion.--
``(I) In general.--The
criterion specified in this
clause (in this paragraph
referred to as the `ICU
criterion'), for a discharge
from a long-term care hospital,
is that the stay in the long-
term care hospital ending with
such discharge was immediately
preceded by a discharge from a
stay in a subsection (d)
hospital that included at least
3 days in an intensive care
unit (ICU), as determined by
the Secretary.
``(II) Determining icu
days.--In determining intensive
care unit days under subclause
(I), the Secretary shall use
data from revenue center codes
020x or 021x (or such successor
codes as the Secretary may
establish).
``(iv) Ventilator criterion.--The
criterion specified in this clause (in
this paragraph referred to as the
`ventilator criterion'), for a
discharge from a long-term care
hospital, is that--
``(I) the stay in the long-
term care hospital ending with
such discharge was immediately
preceded by a discharge from a
stay in a subsection (d)
hospital; and
``(II) the individual
discharged was assigned to a
Medicare-Severity-Long-Term-
Care-Diagnosis-Related-Group
(MS-LTC-DRG) based on the
receipt of ventilator services
of at least 96 hours.
``(B) Applicable site neutral payment rate
defined.--
``(i) In general.--In this paragraph,
the term `applicable site neutral
payment rate' means--
``(I) for discharges in cost
reporting periods beginning
during fiscal year 2016 or
fiscal year 2017, the blended
payment rate specified in
clause (iii); and
``(II) for discharges in cost
reporting periods beginning
during fiscal year 2018 or a
subsequent fiscal year, the
site neutral payment rate (as
defined in clause (ii)).
``(ii) Site neutral payment rate
defined.--In this paragraph, the term
`site neutral payment rate' means the
lower of--
``(I) the IPPS comparable per
diem amount determined under
paragraph (d)(4) of section
412.529 of title 42, Code of
Federal Regulations, including
any applicable outlier payments
under section 412.525 of such
title; or
``(II) 100 percent of the
estimated cost for the services
involved.
``(iii) Blended payment rate.--The
blended payment rate specified in this
clause, for a long-term care hospital
for inpatient hospital services for a
discharge, is comprised of--
``(I) half of the site
neutral payment rate (as
defined in clause (ii)) for the
discharge; and
``(II) half of the payment
rate that would otherwise be
applicable to such discharge
without regard to this
paragraph, as determined by the
Secretary.
``(C) Limiting payment for all hospital
discharges to site neutral payment rate for
hospitals failing to meet applicable ltch
discharge thresholds.--
``(i) Notice of ltch discharge
payment percentage.--For cost reporting
periods beginning during or after
fiscal year 2016, the Secretary shall
inform each long-term care hospital of
its LTCH discharge payment percentage
(as defined in clause (iv)) for such
period.
``(ii) Limitation.--For cost
reporting periods beginning during or
after fiscal year 2020, if the
Secretary determines for a long-term
care hospital that its LTCH discharge
payment percentage for the period is
not at least 50 percent--
``(I) the Secretary shall
inform the hospital of such
fact; and
``(II) subject to clause
(iii), for all discharges in
the hospital in each succeeding
cost reporting period, the
payment amount under this
subsection shall be the payment
amount that would apply under
subsection (d) for the
discharge if the hospital were
a subsection (d) hospital.
``(iii) Process for reinstatement.--
The Secretary shall establish a process
whereby a long-term care hospital may
seek to and have the provisions of
subclause (II) of clause (ii)
discontinued with respect to that
hospital.
``(iv) LTCH discharge payment
percentage.--In this subparagraph, the
term `LTCH discharge payment
percentage' means, with respect to a
long-term care hospital for a cost
reporting period beginning during or
after fiscal year 2020, the ratio
(expressed as a percentage) of--
``(I) the number of
discharges for such hospital
and period for which payment is
not made at the site neutral
payment rate, to
``(II) the total number of
discharges for such hospital
and period.
``(D) Inclusion of subsection (d) puerto rico
hospitals.--In this paragraph, any reference in
this paragraph to a subsection (d) hospital
shall be deemed to include a reference to a
subsection (d) Puerto Rico hospital.''.
(2) Medpac study and report on impact of changes.--
(A) Study.--The Medicare Payment Assessment
Commission shall examine the effect of applying
section 1886(m)(6) of the Social Security Act,
as added by the amendment made by paragraph
(1), on--
(i) the quality of patient care in
long-term care hospitals;
(ii) the use of hospice care and
post-acute care settings;
(iii) different types of long-term
care hospitals; and
(iv) the growth in Medicare spending
for services in such hospitals.
(B) Report.--Not later than June 30, 2019,
the Commission shall submit to Congress a
report on such study. The Commission shall
include in such report such recommendations for
changes in the application of such section as
the Commission deems appropriate as well as the
impact of the application of such section on
the need to continue applying the 25 percent
rule described under sections 412.534 and
412.536 of title 42, Code of Federal
Regulations.
(3) Calculation of length of stay excluding cases
paid on a site neutral basis.--
(A) In general.--For discharges occurring in
cost reporting periods beginning on or after
October 1, 2015, subject to subparagraph (B),
in calculating the length of stay requirement
applicable to a long-term care hospital or
satellite facility under section
1886(d)(1)(B)(iv)(I) of the Social Security Act
(42 U.S.C. 1395ww(d)(1)(B)(iv)(I)) and section
1861(ccc)(2) of such Act (42 U.S.C.
1395x(ccc)(2)), the Secretary of Health and
Human Services shall exclude the following:
(i) Site neutral payment.--Any
patient for whom payment is made at the
site neutral payment rate (as defined
in section 1886(m)(6)(B)(ii)) of such
Act, as added by paragraph (1)).
(ii) Medicare advantage.--Any patient
for whom payment is made under a
Medicare Advantage plan under part C of
title XVIII of such Act.
(B) Limitation on converting subsection (d)
hospitals.--Subparagraph (A) shall not apply to
a hospital that is classified as of December
10, 2013, as a subsection (d) hospital (as
defined in section 1886(d)(1)(B) of the Social
Security Act, 42 U.S.C. 1395ww(d)(1)(B)) for
purposes of determining whether the
requirements of section 1886(d)(1)(B)(iv)(I) or
1861(ccc)(2) of such Act (42 U.S.C.
1395ww(d)(1)(B)(iv)(I), 1395x(ccc)(2)) are met.
(b) Extension of Certain LTCH Payment Rules and Moratorium on
the Establishment of Certain Hospitals and Facilities.--
(1) Extension of certain payment rules.--
(A) Payment for hospitals-within-hospitals.--
Paragraph (2)(C) of section 114(c) of the
Medicare, Medicaid, and SCHIP Extension Act of
2007 (42 U.S.C. 1395ww note), as amended by
sections 3106(a) and 10312(a) of Public Law
111-148, is amended by striking ``5-year
period'' and inserting ``9-year period''.
(B) 25 percent patient threshold payment
adjustment; making the grandfathered exemption
for long-term care hospitals permanent.--
Section 114(c)(1) of the Medicare, Medicaid,
and SCHIP Extension Act of 2007 (42 U.S.C.
1395ww note), as amended by sections 3106(a)
and 10312(a) of Public Law 111-148, is
amended--
(i) in the matter preceding
subparagraph (A), by striking ``for a
5-year period''; and
(ii) in subparagraph (A), by
inserting ``for a 9-year period,''
before ``section 412.536''.
(C) Report assessing continued suspension of
25 percent rule.--Not later than 1 year before
the end of the 9-year period referred to in
section 114(c)(1) of the Medicare, Medicaid,
and SCHIP Extension Act of 2007 (42 U.S.C.
1395ww note), as amended by subparagraph (B),
the Secretary of Health and Human Services
shall submit to Congress a report on the need
for any further extensions (or modifications of
the extensions) of the 25 percent rule
described in sections 412.534 and 412.536 of
title 42, Code of Federal Regulations,
particularly taking into account the
application of section 1886(m)(6) of the Social
Security Act, as added by subsection (a)(1).
(2) Extension of moratorium on establishment of and
increase in beds for ltchs.--Section 114(d) of the
Medicare, Medicaid, and SCHIP Extension Act of 2007 (42
U.S.C. 1395ww note), as amended by sections 3106(b) and
10312(b) of Public Law 111-148, is amended--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by inserting after ``5-year
period'' the following: ``(and for the period
beginning January 1, 2015, and ending September
30, 2017)''; and
(B) by adding at the end the following new
paragraph:
``(6) Limitation on application of exceptions.--
Paragraphs (2) and (3) shall not apply during the
period beginning January 1, 2015, and ending September
30, 2017.''.
(c) Additional Quality Measure.--Section 1886(m)(5)(D) of the
Social Security Act (42 U.S.C. 1395ww(m)(5)(D)) is amended by
adding at the end the following new clause:
``(iv) Additional quality measures.--
Not later than October 1, 2015, the
Secretary shall establish a functional
status quality measure for change in
mobility among inpatients requiring
ventilator support.''.
(d) Review of Treatment of Certain LTCHs.--
(1) Evaluation.--As part of the annual rulemaking for
fiscal year 2015 or fiscal year 2016 to carry out the
payment rates under subsection (d) of section 1886 of
the Social Security Act (42 U.S.C. 1395ww), the
Secretary shall evaluate both the payment rates and
regulations governing hospitals which are classified
under subclause (II) of subsection (d)(1)(B)(iv) of
such section.
(2) Adjustment authority.--Based upon such
evaluation, the Secretary may adjust payment rates
under subsection (b)(3) of section 1886 of the Social
Security Act (42 U.S.C. 1395ww) for a hospital so
classified (such as payment based upon the TEFRA-
payment model) and may adjust the regulations governing
such hospitals, including applying the regulations
governing hospitals which are classified under clause
(I) of subsection (d)(1)(B) of such section.
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PART C--TEXT OF AMENDMENT TO H.R. 3695 TO BE CONSIDERED AS ADOPTED
In section 1(a), insert before the period at the end the
following: ``, except as provided in subsection (b)(1) of such
section 701''.