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294 
combined into a single action. No payment may be 
awarded under this paragraph for violations of an 
agency’s obligation to collect or report information 
to the public. No court may award any payment 
under this paragraph in any given year if the cumu-
lative payments awarded by courts under this para-
graph in such year are equal to or greater than 
$1,500,000. 
(3) COSTS.—A court may award costs of litiga-
tion to any substantially prevailing plaintiff or to 
any other plaintiff whenever the court determines 
such an award is appropriate. Such an award is ap-
propriate when such litigation contributes to the 
Federal agency’s compliance with this title or any 
amendment made by this title. Costs of litigation in-
clude reasonable attorney fees and expert fees. 
(4) EXCLUSIVE REMEDY.—Notwithstanding any 
other provision of Federal law— 
(A) no plaintiff who is awarded a payment 
under this subsection for a failure to perform a 
mandatory duty under this title or any amend-
ment made by this title may be awarded a pay-
ment for such failure under any other Federal 
law; and 
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295 
(B) no plaintiff may be awarded a pay-
ment under this subsection for a failure to per-
form a mandatory duty under this title or any 
amendment made by this title if the plaintiff 
has been awarded a payment for such failure 
under any other Federal law. 
(g) NO STATE COURT ACTION.—No person may 
bring any action in State court alleging a violation of this 
title or any amendment made by this title. 
(h) INAPPLICABILITY
TO
PROCUREMENT
PRO-
TESTS.—No action may be commenced under this section 
objecting to a solicitation by a Federal agency for bids 
or proposals for a proposed contract or to a proposed 
award or the award of a contract or any alleged violation 
of statute or regulation in connection with a procurement 
or a proposed procurement if such action may be brought 
by an interested party under section 1491(b)(1) of title 
28, United States Code, or subchapter V of title 31, 
United States Code. 
(i) DEFINITION.—In this section, the term ‘‘person’’ 
means a United States person. In the case of an indi-
vidual, such term means a citizen or national of the United 
States. 
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•HCON 96 EH 
such communication as the President of the United States 
shall be pleased to make to them. 
Passed the House of Representatives January 18, 
2012. 
Attest: 
Clerk.
112TH CONGRESS 
2D SESSION 
H. J. RES. 117 
JOINT RESOLUTION 
Making continuing appropriations for fiscal year 2013, and 
for other purposes. 
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled,
114 
(7) STATE
CHIP
PLAN.—The term ‘‘State 
CHIP plan’’ means the State child health plan es-
tablished under title XXI of the Social Security Act 
(42 U.S.C. 1397aa et seq.), and includes any waiver 
of such plan. 
(8) STATE
MEDICAID
AGENCY.—The term 
‘‘State Medicaid agency’’ means the State agency re-
sponsible for administering the State Medicaid plan. 
(9) STATE MEDICAID PLAN.—The term ‘‘State 
Medicaid plan’’ means the State plan established 
under title XIX of the Social Security Act (42 
U.S.C. 1396 et seq.), and includes any waiver of 
such plan. 
(f) APPROPRIATION.— 
(1) OPERATIONAL FUNDS.—Out of any funds 
in the Treasury not otherwise appropriated, there is 
appropriated to the Secretary to carry out the dem-
onstration program established under this section, 
$49,000,000 for the period of fiscal years 2008 
through 2012. 
(2) EVALUATION
FUNDS.—$5,000,000 of the 
funds appropriated under paragraph (1) shall be 
used to conduct the evaluation required under sub-
section (d). 
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IB 
Union Calendar No. 244 
110TH CONGRESS 
1ST SESSION H. R. 3564 
[Report No. 110–390] 
To amend title 5, United States Code, to authorize appropriations for the 
Administrative Conference of the United States through fiscal year 2011, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 18, 2007 
Mr. CANNON (for himself and Ms. LINDA T. SA´NCHEZ of California) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
OCTOBER 18, 2007 
Additional sponsors: Mr. SMITH of Texas and Ms. ZOE LOFGREN of California 
OCTOBER 18, 2007 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
A BILL 
To amend title 5, United States Code, to authorize appro-
priations for the Administrative Conference of the United 
States through fiscal year 2011, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Aug 31 2005 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Regulatory Improve-
ment Act of 2007’’. 
SEC. 2. AUTHORIZATION OF APPROPRIATIONS. 
Section 596 of title 5, United States Code, is amend-
ed to read as follows: 
‘‘§ 596. Authorization of appropriations 
‘‘There are authorized to be appropriated to carry out 
this subchapter not more than $1,000,000 for fiscal year 
2008, $3,300,000 for fiscal year 2009, $3,400,000 for fis-
cal year 2010, and $3,500,000 for fiscal year 2011. Of 
any amounts appropriated under this section, not more 
than $2,500 may be made available in each fiscal year for 
official representation and entertainment expenses for for-
eign dignitaries.’’. 
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121 
the notice required under clause (i) is received 
by the individual to present satisfactory docu-
mentary evidence of citizenship or nationality 
(as defined in section 1903(x)(3)); and 
‘‘(iii) disenrolls the individual from the 
State plan under this title within 30 days after 
the end of such 90-day period if no such docu-
mentary evidence is presented. 
‘‘(2)(A) Each State electing to satisfy the require-
ments of this subsection for purposes of section 
1902(a)(46)(B) shall establish a program under which the 
State submits each month to the Commissioner of Social 
Security for verification the name and social security num-
ber of each individual enrolled in the State plan under this 
title that month who has attained the age of 1 before the 
date of the enrollment. 
‘‘(B) In establishing the State program under this 
paragraph, the State may enter into an agreement with 
the Commissioner of Social Security to provide for the 
electronic submission and verification of the name and so-
cial security number of an individual before the individual 
is enrolled in the State plan. 
‘‘(3)(A) The State agency implementing the plan ap-
proved under this title shall, at such times and in such 
form as the Secretary may specify, provide information on 
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122 
the percentage each month that the invalid names and 
numbers submitted bears to the total submitted for 
verification. 
‘‘(B) If, for any fiscal year, the average monthly per-
centage determined under subparagraph (A) is greater 
than 7 percent— 
‘‘(i) the State shall develop and adopt a correc-
tive plan to review its procedures for verifying the 
identities of individuals seeking to enroll in the State 
plan under this title and to identify and implement 
changes in such procedures to improve their accu-
racy; and 
‘‘(ii) pay to the Secretary an amount equal to 
the amount which bears the same ratio to the total 
payments under the State plan for the fiscal year for 
providing medical assistance to individuals who pro-
vided invalid information as the number of individ-
uals with invalid information in excess of 7 percent 
of such total submitted bears to the total number of 
individuals with invalid information. 
‘‘(C) The Secretary may waive, in certain limited 
cases, all or part of the payment under subparagraph 
(B)(ii) if the State is unable to reach the allowable error 
rate despite a good faith effort by such State. 
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I 
110TH CONGRESS 
1ST SESSION H. R. 3565 
To require rate integration for wireless interstate toll charges. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 18, 2007 
Ms. BORDALLO (for herself, Mr. FALEOMAVAEGA, Mrs. CHRISTENSEN, and 
Mr. FORTUN˜O) introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To require rate integration for wireless interstate toll 
charges. 
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 ‘‘Insular Rate for Cel-
lular Customers Act’’. 
SEC. 2. RATE INTEGRATION FOR WIRELESS COMMUNICA-
TIONS SERVICES. 
(a) AMENDMENT.—Section 254(g) of the Commu-
nications Act of 1934 (47 U.S.C. 254(g)) is amended by 
adding at the end the following: ‘‘For the purposes of the 
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I 
110TH CONGRESS 
1ST SESSION H. R. 3566 
To permanently extend the waiver authority of the Secretary under the 
Higher Education Relief Opportunities for Students Act of 2003. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 18, 2007 
Mr. KLINE of Minnesota (for himself, Mr. MCKEON, Mr. KELLER of Florida, 
and Mr. SESTAK) introduced the following bill; which was referred to the 
Committee on Education and Labor 
A BILL 
To permanently extend the waiver authority of the Secretary 
under the Higher Education Relief Opportunities for 
Students Act of 2003. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. PERMANENT EXTENSION. 
Section 6 of the Higher Education Relief Opportuni-
ties for Students Act of 2003 (Public Law 108–76; 20 
U.S.C. 1070, note) is repealed. 
Æ 
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I 
110TH CONGRESS 
1ST SESSION H. R. 4141 
To amend title 38, United States Code, to direct the Secretary of Veterans 
Affairs to provide a plot allowance for spouses and children of certain 
veterans who are buried in State cemeteries. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 9, 2007 
Mr. GARRETT of New Jersey (for himself, Mr. DOOLITTLE, Mr. GINGREY, and 
Ms. BORDALLO) introduced the following bill; which was referred to the 
Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to direct the Sec-
retary of Veterans Affairs to provide a plot allowance 
for spouses and children of certain veterans who are 
buried in State cemeteries. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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100 
(E) to enhance indoor environmental qual-
ity; and 
(F) to reduce environmental impacts of 
materials and waste flows; and 
(2) to direct Federal procurement executives in-
volved in leasing buildings, to give preference to the 
lease of facilities that— 
(A) are energy-efficient; and 
(B) to the maximum extent practicable, 
have applied contemporary high-performance 
and sustainable design principles during con-
struction or renovation. 
(b) GUIDANCE.—Not later than 90 days after the 
date of promulgation of the revised regulations under sub-
section (a), the Director of the Office of Procurement Pol-
icy shall issue guidance to all Federal procurement execu-
tives providing direction and instructions to renegotiate 
the design of proposed facilities, renovations for existing 
facilities, and leased facilities to incorporate improvements 
that are consistent with this section. 
SEC. 148. USE OF ENERGY AND WATER EFFICIENCY MEAS-
URES IN FEDERAL BUILDINGS. 
Section 543 of the National Energy Conservation 
Policy Act (42 U.S.C. 8253) is amended by adding at the 
end the following: 
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(I) In States with significant Asian popu-
lations, Asians were 1.5 to 2 times as likely as 
whites to have diagnosed diabetes. 
(3) Diabetes carries staggering costs: 
(A) In 2002, the total amount of the direct 
and indirect costs of diabetes was estimated at 
$132,000,000,000 according to the American 
Diabetes Association. 
(B) 18 percent of the Medicare population 
has diabetes but spending on this group of peo-
ple consumes 32 percent of the Medicare budg-
et according to the Center for Medicare & Med-
icaid Services. 
(4) Diabetes is deadly. According to the Centers 
for Disease Control and Prevention: 
(A) In 2002, according to death certificate 
reports, diabetes contributed to an official num-
ber of 224,092 deaths. 
(B) Diabetes is likely to be seriously 
underreported as studies have found that only 
35 percent to 40 percent of decedents with dia-
betes had it listed anywhere on the death cer-
tificate and only about 10 percent to 15 percent 
had it listed as the underlying cause of death. 
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301 
SEC. 7104. LIMITATION OF REBUTTABLE PRESUMPTION RE-
GARDING APPLICATION OF CATEGORICAL 
EXCLUSION UNDER NEPA FOR OIL AND GAS 
EXPLORATION AND DEVELOPMENT ACTIVI-
TIES. 
Section 390 of the Energy Policy Act of 2005 (Public 
Law 109–58; 42 U.S.C. 15942) is amended by adding at 
the end the following: 
‘‘(c) ADHERENCE TO CEQ REGULATIONS.—In ad-
ministering this section, the Secretary of the Interior in 
managing the public lands, and the Secretary of Agri-
culture in managing National Forest System lands, shall 
adhere to the regulations issued by the Council on Envi-
ronmental Quality relating to categorical exclusions (40 
C.F.R. 1507.3 and 1508.4), as in effect on the date of 
enactment of this Act.’’. 
SEC. 7105. BEST MANAGEMENT PRACTICES. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of the Interior, through the Bu-
reau of Land Management, shall amend the best manage-
ment practices guidelines for oil and gas development on 
Federal lands, to— 
(1) require public review and comment prior to 
waiving any stipulation of an oil and gas lease for 
such lands, except in the case of an emergency; and 
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I 
110TH CONGRESS 
1ST SESSION H. R. 4142 
To amend title 38, United States Code, to permit medicare-eligible veterans 
to receive an out-patient medication benefit, to provide that certain 
veterans who receive such benefit are not otherwise eligible for medical 
care and services from the Department of Veterans Affairs, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 9, 2007 
Mr. GARRETT of New Jersey introduced the following bill; which was referred 
to the Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to permit medicare- 
eligible veterans to receive an out-patient medication ben-
efit, to provide that certain veterans who receive such 
benefit are not otherwise eligible for medical care and 
services from the Department of Veterans Affairs, 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. SHORT TITLE. 
This Act may be cited as the ‘‘Improving Medication 
Access for Veterans Act’’. 
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302 
(2) create an incentive for oil and gas operators 
to adopt best management practices that minimize 
adverse impacts to wildlife habitat, by providing ex-
pedited permit review for any operator that commits 
to adhering to those practices without seeking waiver 
of such stipulations. 
SEC. 7106. FEDERAL CONSISTENCY APPEALS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Federal Consistency Appeals Decision Refinement Act’’. 
(b) CLARIFICATION OF APPEAL DECISION TIME PE-
RIODS
AND
INFORMATION
REQUIREMENTS.—Section 
319(b) of the Coastal Zone Management Act of 1972 (16 
U.S.C. 1465(b)) is amended— 
(1) in paragraph (1), by striking ‘‘160-day’’ 
and inserting ‘‘200-day’’; 
(2) in paragraph (3)(A)— 
(A) by striking ‘‘160-day’’ and inserting 
‘‘200-day’’; and 
(B) by amending clause (ii) to read as fol-
lows: 
‘‘(ii) as the Secretary determines nec-
essary to receive, on an expedited basis, 
any supplemental or clarifying information 
relevant to the consolidated record com-
piled by the lead Federal permitting agen-
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(5) Diabetes complications carry staggering eco-
nomic and human costs for our country and health 
system: 
(A) According to death certificate reports, 
diabetes contributes to over 224,000 deaths a 
year, although this number is likely vastly 
underreported. 
(B) The risk for stroke is 2 to 4 times 
higher among people with diabetes. 
(C) Diabetes is the leading cause of new 
blindness in America, causing approximately 
18,000 new cases of blindness each year. 
(D) Diabetes is the leading cause of kidney 
failure in America, accounting for 44 percent of 
new cases in 2002. 
(E) In 2002, 44,400 Americans with dia-
betes began treatment for end-stage kidney dis-
ease and a total of 153,730 were living on 
chronic dialysis or with a kidney transplant as 
a result of their diabetes. 
(F) In 2002, approximately 82,000 ampu-
tations were performed on Americans with dia-
betes. 
(G) Poorly controlled diabetes before con-
ception and during the first trimester of preg-
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IIA 
112TH CONGRESS 
2D SESSION 
H. J. RES. 118 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 21, 2012 
Received 
JOINT RESOLUTION 
Providing for congressional disapproval under chapter 8 of 
title 5, United States Code, of the rule submitted by 
the Office of Family Assistance of the Administration 
for Children and Families of the Department of Health 
and Human Services relating to waiver and expenditure 
authority under section 1115 of the Social Security Act 
(42 U.S.C. 1315) with respect to the Temporary Assist-
ance for Needy Families program. 
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled, 
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303 
cy to complete a consistency review under 
this title.’’; and 
(3) in paragraph (3)(B) by striking ‘‘160-day’’ 
and inserting ‘‘200-day’’. 
Subtitle B—Federal Energy Public 
Accountability, 
Integrity, 
and 
Public Interest 
CHAPTER 1—ACCOUNTABILITY AND IN-
TEGRITY IN THE FEDERAL ENERGY 
PROGRAM 
SEC. 7201. AUDITS. 
(a) REQUIREMENT TO INCREASE THE NUMBER OF 
AUDITS.—The Secretary of the Interior shall ensure that 
by fiscal year 2009 the Minerals Management Service 
shall perform no less that 550 audits of oil and gas leases 
each fiscal year. 
(b) STANDARDS.—Not later than 120 days after the 
date of enactment of this Act, the Secretary of the Interior 
shall issue regulations that require that all employees that 
conduct audits or compliance reviews must meet profes-
sional auditor qualifications that are consistent with the 
latest revision of the Government Auditing Standards pub-
lished by the Government Accountability Office. Such reg-
ulations shall also ensure that all audits conducted by the 
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112TH CONGRESS 
2D SESSION 
H. J. RES. 122 
JOINT RESOLUTION 
Establishing the date for the counting of the electoral votes 
for President and Vice President cast by the electors 
in December 2012. 
Resolved by the Senate and House of Representatives
of the United States of America in Congress assembled,
304 
Department of the Interior are performed in accordance 
with such standards. 
SEC. 7202. FINES AND PENALTIES. 
(a) SANCTIONS FOR VIOLATIONS RELATING TO FED-
ERAL OIL AND GAS ROYALTIES.—Section 109 of the Fed-
eral Oil and Gas Royalty Management Act of 1982 (30 
U.S.C. 1719) is amended to read as follows: 
‘‘CIVIL PENALTIES 
‘‘SEC. 109. (a) ROYALTY VIOLATIONS.—(1) No per-
son shall— 
‘‘(A) after due notice of violation or after such 
violation has been reported under paragraph (3)(A), 
fail or refuse to comply with any requirement of any 
mineral leasing law or any regulation, order, lease, 
or permit under such a law; 
‘‘(B) fail or refuse to make any royalty pay-
ment in the amount or value required by any min-
eral leasing law or any regulation, order, or lease 
under such a law, with the intent to defraud; 
‘‘(C) fail or refuse to make any royalty payment 
by the date required by any mineral leasing law or 
any regulation, order, or lease under such a law, 
with the intent to defraud; or 
‘‘(D) prepare, maintain, or submit any false, in-
accurate, or misleading report, notice, affidavit, 
record, data, or other written information or filing 
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305 
related to royalty payments that is required under 
any mineral leasing law or regulation issued under 
any mineral leasing law, with the intent to defraud. 
‘‘(2) A person who violates paragraph (1) shall be lia-
ble— 
‘‘(A) in the case of a violation of subparagraph 
(B) or (C) of paragraph (1) for an amount equal to 
3 times the royalty the person fails or refuses to 
pay, plus interest on that trebled amount measured 
from the first date the royalty payment was due; 
and 
‘‘(B) in the case of any violation, for a civil 
penalty of— 
‘‘(i) except as provided in clause (ii), up to 
$25,000 per violation for each day the violation 
continues; or 
‘‘(ii) if the person failed or refused to 
make a payment of royalty owed in an amount 
less than $25,000, an amount equal to 150 per-
cent of the royalty owed that was not paid; 
‘‘(3) Paragraph (2) shall not apply to a violation of 
paragraph (1) if the person who commits the violation, 
within 30 days of knowing of the violation— 
‘‘(A) reports the violation to the Secretary or a 
representative designated by the Secretary; and 
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