datamatters24/research-document-archive huggingface dataset:
SEC. 2. SERGEANT JOHN TOOMBS RESIDENTIAL REHABILI-
TATION TREATMENT FACILITY. 
(a) DESIGNATION.—The Mental Health Residential 
Rehabilitation Treatment Facility Expansion of the De-
partment of Veterans Affairs Alvin C. York Medical Cen-
ter in Murfreesboro, Tennessee, shall be known and des-
ignated as the ‘‘Sergeant John Toombs Residential Reha-
bilitation Treatment Facility’’, after the date of the enact-
ment of this Act. 
(b) REFERENCES.—Any reference in any law, regula-
tion, map, document, paper, or other record of the United 
States to the Alvin C. York Mental Health Residential Re-
habilitation Treatment Facility referred to in subsection 
(a) shall be deemed to be a reference to the ‘‘Sergeant 
John Toombs Residential Rehabilitation Treatment Facil-
ity’’. 
Æ 
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I 
116TH CONGRESS 
1ST SESSION H. R. 1342 
To reauthorize the Money Follows the Person Demonstration Program. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 25, 2019 
Mrs. DINGELL (for herself and Mr. GUTHRIE) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To reauthorize the Money Follows the Person Demonstration 
Program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ensuring Medicaid 
Provides Opportunities for Widespread Equity, Resources, 
and Care Act’’ or the ‘‘EMPOWER Care Act’’. 
SEC. 2. EXTENSION OF MONEY FOLLOWS THE PERSON RE-
BALANCING DEMONSTRATION. 
(a) FUNDING.—Section 6071(h) of the Deficit Re-
duction Act of 2005 (42 U.S.C. 1396a note) is amended— 
(1) in paragraph (1)— 
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(A) in subparagraph (E), by striking 
‘‘and’’ after the semicolon; 
(B) in subparagraph (F)— 
(i) by striking ‘‘subject to subpara-
graph (3), $112,000,000’’ and inserting 
‘‘$450,000,000’’; and 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(G) $450,000,000 for each of fiscal years 
2020 through 2023.’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘Subject to paragraph (3), 
amounts’’ and inserting ‘‘Amounts’’; and 
(B) by striking ‘‘2021’’ and inserting 
‘‘2023’’; and 
(3) by striking paragraph (3). 
(b) RESEARCH AND EVALUATION.—Section 6071(g) 
of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a 
note) is amended— 
(1) in paragraph (2), by striking ‘‘2016’’ and 
inserting ‘‘2023’’; and 
(2) in paragraph (3), by inserting ‘‘and for each 
of fiscal years 2019 through 2023,’’ after ‘‘2016,’’. 
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SEC. 3. CHANGES TO INSTITUTIONAL RESIDENCY PERIOD 
REQUIREMENT. 
(a) IN GENERAL.—Section 6071(b)(2) of the Deficit 
Reduction Act of 2005 (42 U.S.C. 1396a note) is amend-
ed— 
(1) in subparagraph (A)(i), by striking ‘‘90’’ 
and inserting ‘‘60’’; and 
(2) by striking the flush sentence after subpara-
graph (B). 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date that is 30 days 
after the date of enactment of this Act. 
SEC. 4. UPDATES TO STATE APPLICATION REQUIREMENTS. 
Section 6071(c) of the Deficit Reduction Act of 2005 
(42 U.S.C. 1396a note) is amended— 
(1) in paragraph (3), by striking ‘‘, which shall 
include’’ and all that follows through ‘‘2007’’; 
(2) in paragraph (7)— 
(A) in the paragraph heading, by striking 
‘‘REBALANCING’’ 
and 
inserting 
‘‘EXPENDI-
TURES’’; and 
(B) in subparagraph (B)— 
(i) in clause (i), by striking ‘‘and’’ 
after the semicolon; 
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(ii) in clause (ii), by striking the pe-
riod at the end and inserting a semicolon; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) include a work plan that describes 
for each Federal fiscal year that occurs during 
the proposed MFP demonstration project— 
‘‘(I) the use of grant funds for each 
proposed initiative that is designed to ac-
complish the objective described in sub-
section (a)(1), including a funding source 
for each activity that is part of each such 
proposed initiative; 
‘‘(II) an evaluation plan that identi-
fies expected results for each such pro-
posed initiative; and 
‘‘(III) a sustainability plan for compo-
nents of such proposed initiatives that are 
intended to improve transitions, which 
shall be updated with actual expenditure 
information for each Federal fiscal year 
that occurs during the MFP demonstration 
project; and 
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‘‘(iv) contain assurances that grant funds 
used to accomplish the objective described in 
subsection (a)(1) shall be obligated not later 
than 24 months after the date on which the 
funds are awarded and shall be expended not 
later than 60 months after the date on which 
the funds are awarded (unless the Secretary ap-
proves a waiver of either such requirement).’’; 
and 
(3) in paragraph (13)— 
(A) in subparagraph (A), by striking ‘‘; 
and’’ and inserting ‘‘, and in such manner as 
will meet the reporting requirements set forth 
for the Transformed Medicaid Statistical Man-
agement Information System (T–MSIS);’’; 
(B) by redesignating subparagraph (B) as 
subparagraph (D); and 
(C) by inserting after subparagraph (A) 
the following: 
‘‘(B) the State shall report on a quarterly 
basis on the use of grant funds by distinct ac-
tivity, as described in the approved work plan, 
and by specific population as targeted by the 
State; 
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‘‘(C) if the State fails to report the infor-
mation required under subparagraph (B), fails 
to report such information on a quarterly basis, 
or fails to make progress under the approved 
work plan, the State shall implement a correc-
tive action plan and any lack of progress under 
the approved work plan may result in with-
holding of grant funds made available to the 
State; and’’. 
SEC. 5. FUNDING FOR QUALITY ASSURANCE AND IMPROVE-
MENT; TECHNICAL ASSISTANCE; OVERSIGHT. 
Section 6071(f) of the Deficit Reduction Act of 2005 
(42 U.S.C. 1396a note) is amended by striking paragraph 
(2) and inserting the following: 
‘‘(2) FUNDING.—From the amounts appro-
priated under subsection (h)(1) for each of fiscal 
years 2019 through 2023, $1,000,000 shall be avail-
able to the Secretary for each such fiscal year to 
carry out this subsection.’’. 
SEC. 6. BEST PRACTICES EVALUATION. 
Section 6071 of the Deficit Reduction Act of 2005 
(42 U.S.C. 1396a note) is amended by adding at the end 
the following: 
‘‘(i) BEST PRACTICES.— 
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‘‘(1) REPORT.—The Secretary, directly or 
through grant or contract, shall submit a report to 
the President and Congress not later than Sep-
tember 30, 2020, that contains findings and conclu-
sions on best practices from the State MFP dem-
onstration projects carried out with grants made 
under this section. The report shall include informa-
tion and analyses with respect to the following: 
‘‘(A) The most effective State strategies 
for transitioning beneficiaries from institutional 
to qualified community settings carried out 
under the State MFP demonstration projects 
and how such strategies may vary for different 
types of beneficiaries, such as beneficiaries who 
are aged, physically disabled, intellectually or 
developmentally disabled, or individuals with se-
rious mental illnesses, and other targeted waiv-
er beneficiary populations. 
‘‘(B) The most common and the most ef-
fective State uses of grant funds carried out 
under the State MFP demonstration projects 
for transitioning beneficiaries from institutional 
to qualified community settings and improving 
health outcomes, including differentiating fund-
ing for current initiatives that are designed for 
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such purpose and funding for proposed initia-
tives that are designed for such purpose. 
‘‘(C) The most effective State approaches 
carried out under State MFP demonstration 
projects for improving person-centered care and 
planning. 
‘‘(D) Identification of program, financing, 
and other flexibilities available under the State 
MFP demonstration projects, that are not 
available under the traditional Medicaid pro-
gram, and which directly contributed to suc-
cessful transitions and improved health out-
comes under the State MFP demonstration 
projects. 
‘‘(E) State strategies and financing mecha-
nisms for effective coordination of housing fi-
nanced or supported under State MFP dem-
onstration projects with local housing authori-
ties and other resources. 
‘‘(F) Effective State approaches for deliv-
ering Money Follows the Person transition serv-
ices through managed care entities. 
‘‘(G) Other best practices and effective 
transition strategies demonstrated by States 
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with approved MFP demonstration projects, as 
determined by the Secretary. 
‘‘(H) Identification and analyses of oppor-
tunities and challenges to integrating effective 
Money Follows the Person practices and State 
strategies into the traditional Medicaid pro-
gram. 
‘‘(2) COLLABORATION.—In preparing the report 
required under this subsection, the Secretary shall 
collect and incorporate information from States with 
approved MFP demonstration projects and bene-
ficiaries participating in such projects, and providers 
participating in such projects. 
‘‘(3) FUNDING.—From the amounts appro-
priated under subsection (h)(1) for each of fiscal 
years 2019 through 2020, not more than $300,000 
shall be available to the Secretary for each such fis-
cal year to carry out this subsection.’’. 
SEC. 7. MACPAC REPORT ON QUALIFIED SETTINGS CRI-
TERIA. 
Section 6071 of the Deficit Reduction Act of 2005 
(42 U.S.C. 1396a note), as amended by section 6, is 
amended by adding at the end the following: 
‘‘(j) MACPAC REPORT.—Prior to the final imple-
mentation date established by the Secretary for the cri-
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‘‘(B) the sales ratio for such drug product 
for such relevant year. 
‘‘(2) RELEVANT YEAR.—For purposes of this 
subsection, the term ‘relevant year’ means, with re-
spect to any determination by the Federal Trade 
Commission described in paragraph (1), a taxable 
year in which the aggregate decrease in the credits 
allowed under section 38 which would have resulted 
solely from reducing to zero any credit determined 
under this section is one of the two highest such de-
creases during the 10-year period ending with the 
last taxable year that ended before the date of such 
determination. 
‘‘(3) SALES RATIO.—For purposes of this sub-
section, the term ‘sales ratio’ means, with respect to 
a drug product sold by a taxpayer in a taxable year, 
the ratio of— 
‘‘(A) the revenue from sales of such drug 
product by such taxpayer during such taxable 
year, to 
‘‘(B) the total revenue from sales of all 
drug products by such taxpayer during such 
taxable year. 
‘‘(4) CONSENT DECREES DEEMED TO BE VIOLA-
TIONS.—If a taxpayer enters into a consent decree 
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with respect to any proceeding initiated by the Fed-
eral Trade Commission under section 27 of the Fed-
eral Trade Commission Act, such consent decree 
shall be treated for purposes of this subsection as if 
the Commission had determined under such section 
that the taxpayer violated section 5 of such Act in 
connection with the sale of the drug product to 
which such proceeding relates. 
‘‘(5) RECAPTURE NOT TAKEN INTO ACCOUNT IN 
DETERMINING MAXIMUM PENALTY.—The increase in 
tax under this subsection shall not be treated as a 
penalty for purposes of section 27(f) of the Federal 
Trade Commission Act.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to taxable years ending after the 
date of the enactment of this Act. 
SEC. 3. TAX ON RECEIPT OF PAY-FOR-DELAY PAYMENTS; 
DENIAL OF DEDUCTION FOR PAY-FOR-DELAY 
PAYMENTS. 
(a) RECEIPT OF PAYMENT.—The Internal Revenue 
Code of 1986 is amended by inserting after chapter 36 
the following new chapter: 
‘‘CHAPTER 37—PAY-FOR-DELAY 
‘‘Sec. 4501. Imposition of tax. 
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‘‘SEC. 4501. IMPOSITION OF TAX. 
‘‘There is hereby imposed, on each taxpayer who is 
party to an agreement that is determined by the Federal 
Trade Commission under section 27 of the Federal Trade 
Commission Act to be a violation of section 5 of such Act, 
a tax equal to 50 percent of the amount paid to such tax-
payer under such agreement.’’. 
(b) DENIAL
OF DEDUCTION.—Section 162(c) is 
amended by adding at the end the following new para-
graph: 
‘‘(4) PAY-FOR-DELAY
PAYMENTS.—No deduc-
tion shall be allowed under subsection (a) for any 
payment under an agreement that is determined by 
the Federal Trade Commission under section 27 of 
the Federal Trade Commission Act to be a violation 
of section 5 of such Act.’’. 
(c) CONFORMING AMENDMENT.—The table of chap-
ters for the Internal Revenue Code of 1986 is amended 
by inserting after the item relating to chapter 36 the fol-
lowing new item: 
‘‘CHAPTER 37—PAY-FOR-DELAY’’. 
SEC. 4. UNLAWFUL COMPENSATION FOR DELAY. 
(a) IN GENERAL.—The Federal Trade Commission 
Act (15 U.S.C. 44 et seq.) is amended by inserting after 
section 26 (15 U.S.C. 57c–2) the following: 
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‘‘SEC. 
27. 
PRESERVING 
ACCESS 
TO 
AFFORDABLE 
GENERICS. 
‘‘(a) IN GENERAL.— 
‘‘(1) ENFORCEMENT PROCEEDING.—The Com-
mission may initiate a proceeding to enforce the pro-
visions of this section against the parties to any 
agreement resolving or settling, on a final or interim 
basis, a patent infringement claim, in connection 
with the sale of a drug product. 
‘‘(2) VIOLATION.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), in such a proceeding, an agreement 
shall be an unfair method of competition in or 
affecting commerce and be a violation of section 
5 if pursuant to the agreement— 
‘‘(i) an ANDA filer receives anything 
of value, including an exclusive or non-ex-
clusive license, an agreement regarding the 
marketing of a product, or any other com-
mercial opportunity or benefit; and 
‘‘(ii) the ANDA filer agrees to limit or 
forgo research, development, manufac-
turing, marketing, or sales of the ANDA 
product for any period of time. 
‘‘(B) 
EXCEPTION.—Subparagraph 
(A) 
shall not apply if the parties to such agreement 
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demonstrate by clear and convincing evidence 
that— 
‘‘(i) the value described in subpara-
graph (A)(i) is compensation solely for 
other goods or services that the ANDA 
filer has promised to provide; or 
‘‘(ii) the procompetitive benefits of the 
agreement outweigh the anticompetitive ef-
fects of the agreement. 
‘‘(b) LIMITATIONS.—In determining whether the set-
tling parties have met their burden under subsection 
(a)(2)(B), the fact finder may not presume— 
‘‘(1) that entry of the ANDA product into 
interstate commerce would not have occurred until 
the expiration of the relevant patent or statutory ex-
clusivity; or 
‘‘(2) that the agreement’s provision for entry of 
the ANDA product into interstate commerce prior to 
the expiration of the relevant patent or statutory ex-
clusivity means that the agreement is procom-
petitive. 
‘‘(c) EXCLUSIONS.—Nothing in this section shall pro-
hibit a resolution or settlement of a patent infringement 
claim in which the consideration granted to the ANDA 
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filer as part of the resolution or settlement includes one 
or more of the following and nothing else: 
‘‘(1) The right to market the ANDA product in 
the United States prior to the expiration of— 
‘‘(A) any patent that is the basis for the 
patent infringement claim; or 
‘‘(B) any patent right or other statutory 
exclusivity that would prevent the marketing of 
such drug. 
‘‘(2) A payment, not to exceed $7,500,000, if 
based on reasonable litigation expenses. 
‘‘(3) A covenant not to sue (including any 
agreement to dismiss) on any claim that the ANDA 
product infringes a United States patent. 
‘‘(d) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—Any party that is subject 
to a final order of the Commission, issued in an ad-
ministrative adjudicative proceeding under the au-
thority of subsection (a)(1), may, within 30 days 
after the issuance of such order, petition for review 
of such order in— 
‘‘(A) the United States Court of Appeals 
for the District of Columbia Circuit; or 
‘‘(B) the United States Court of Appeals 
for the circuit in which any party subject to 
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such final order is incorporated on the date that 
the petition for review is filed. 
‘‘(2) TREATMENT
OF
FINDINGS.—In a pro-
ceeding for judicial review of a final order of the 
Commission, the findings of the Commission as to 
the facts, if supported by evidence, shall be conclu-
sive. 
‘‘(e) CONSTRUCTION.— 
‘‘(1) ANTITRUST
LAWS
AND
CONSUMER
PRO-
TECTION LAWS.—Nothing in this section shall be 
construed to modify, impair, or supersede the oper-
ation of— 
‘‘(A) the antitrust laws as defined in sub-
section (a) of the first section of the Clayton 
Act (15 U.S.C. 12(a)), or any State law sub-
stantially similar to any of such antitrust laws; 
or 
‘‘(B) section 5 of this Act or any substan-
tially similar State law. 
‘‘(2) CLAIMS
AND
COUNTERCLAIMS.—Nothing 
in this section shall modify, impair, or supersede the 
right of an ANDA filer to assert a claim or counter-
claim against any person under any law referred to 
in paragraph (1). 
‘‘(f) PENALTIES.— 
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‘‘(1) FORFEITURE.—Each party that violates 
subsection (a)(2)(A) shall forfeit and pay to the 
United States a civil penalty sufficient to deter such 
violation, but in no event greater than 3 times the 
value received by the party that is reasonably attrib-
utable to such violation. Such penalty shall accrue to 
the United States and may be recovered in a civil 
action brought by the Commission, in its own name 
by any of its attorneys designated by it for such pur-
pose, in a district court of the United States against 
any party that commits such violation. In such ac-
tions, the United States district courts are empow-
ered to grant mandatory injunctions and such other 
and further equitable relief as the courts determine 
to be appropriate. 
‘‘(2) CEASE AND DESIST.— 
‘‘(A) IN GENERAL.—If the Commission has 
issued a cease and desist order with respect to 
a party in an administrative adjudicative pro-
ceeding under the authority of subsection 
(a)(1), an action brought pursuant to para-
graph (1) may be commenced against such 
party at any time before the expiration of 1 
year after such order becomes final pursuant to 
section 5(g). 
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‘‘(B) EXCEPTION.—In an action under 
subparagraph (A), the findings of the Commis-
sion as to the material facts in the administra-
tive adjudicative proceeding with respect to a 
violation described in subsection (a)(2)(A) by a 
party shall be conclusive unless— 
‘‘(i) the terms of such cease and de-
sist order expressly provide that the Com-
mission’s findings shall not be conclusive; 
or 
‘‘(ii) the order became final by reason 
of section 5(g)(1), in which case such find-
ing shall be conclusive if supported by evi-
dence. 
‘‘(3) CIVIL
PENALTY.—In determining the 
amount of the civil penalty described in this section, 
the court shall take into account— 
‘‘(A) the nature, circumstances, extent, 
and gravity of the violation, including the 
amount of commerce affected; 
‘‘(B) with respect to the violator, in addi-
tion to the value received, the degree of culpa-
bility, any history of violations, the ability to 
pay, and any effect on the ability to continue 
doing business; and 
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I 
118TH CONGRESS 
1ST SESSION H. R. 4628 
To amend the Securities Exchange Act of 1934 to require the Securities 
and Exchange Commission to disclose and report on non-material disclo-
sure mandates, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 13, 2023 
Mr. MOONEY introduced the following bill; which was referred to the 
Committee on Financial Services 
A BILL 
To amend the Securities Exchange Act of 1934 to require 
the Securities and Exchange Commission to disclose and 
report on non-material disclosure mandates, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SEC JUSTIFICATION OF NON-MATERIAL DIS-
CLOSURE MANDATES. 
Section 23 of the Securities Exchange Act of 1934 
(15 U.S.C. 78w) is amended by adding at the end the fol-
lowing: 
‘‘(e) NON-MATERIAL DISCLOSURE MANDATES.— 
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‘‘(C) other matters that justice requires. 
‘‘(4) REMEDIES IN ADDITION.—Remedies pro-
vided in this subsection are in addition to any other 
remedy provided by Federal or State law. Nothing in 
this paragraph shall be construed to affect any au-
thority of the Commission under any other provision 
of law. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) AGREEMENT RESOLVING OR SETTLING A 
PATENT INFRINGEMENT CLAIM.—The term ‘agree-
ment resolving or settling a patent infringement 
claim’ includes any agreement that is entered into 
within 30 days before or after the resolution or the 
settlement of a patent infringement claim, or any 
other agreement that can be shown to be contingent 
upon, to provide a contingent condition for, or to be 
otherwise related to the resolution or settlement of 
the claim. 
‘‘(2) ANDA.—The term ‘ANDA’ means an ab-
breviated new drug application filed under section 
505(j) of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 355(j)) or a new drug application filed 
under section 505(b)(2) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 355(b)(2)). 
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