; (ii) section 1115(b) of title 31, United States Code; and (iii) any law (including regulations) used in any mandatory or voluntary program of the Centers for Medicare & Medicaid Services. (4) Selection of facilities (A) In general The Secretary, in coordination with the Administrator, shall select not less than 25 percent of the eligible facilities to participate in the program using the methodology established under paragraph (3). (B) Participation (i) In general An eligible facility selected to participate in the program under subparagraph (A) shall be required to participate in the program. (ii) Requirement The Secretary shall ensure that, at all times during the period beginning on the date of establishment of the program and the date on which the program terminates under paragraph (8), not less than 25 percent of eligible facilities are participating in the program. (C) Term of participation (i) In general Subject to clause (ii), an eligible facility selected to participate in the program under subparagraph (A) shall participate in the program for a period of 2 years. (ii) Waiver If the Secretary, in coordination with the Administrator, certifies that an eligible facility participating in the program has improved on its performance to a satisfactory level, as determined by the Secretary, then the eligible facility does not have to participate in the program for the full 2-year period. (D) Participation limit An eligible facility may participate in the program for more than 1 2-year period. (5) Program components The program shall provide on-site consultation and educational programming for eligible facilities to ensure those eligible facilities are— (A) meeting Federal requirements of the Service and any conditions of participation applicable under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. )