		II
		110th CONGRESS
		1st Session
		S. 2460
		IN THE SENATE OF THE UNITED STATES

			December 12, 2007
			Mr. Bingaman (for
			 himself, Mrs. Dole,
			 Mr. Durbin, Mrs. Feinstein, Ms.
			 Stabenow, Mr. Salazar,
			 Mr. Kerry, Mr.
			 Brown, Mrs. McCaskill,
			 Mr. Schumer, Mrs. Boxer, Mr.
			 Levin, Mr. Bayh,
			 Mr. Burr, Mr.
			 Martinez, Mrs. Clinton,
			 Mr. Pryor, Mr.
			 Leahy, Mrs. Lincoln,
			 Mrs. Hutchison, Mr. Chambliss, Mr.
			 Rockefeller, Mr. Isakson, and
			 Mr. Bond) introduced the following bill;
			 which was read twice and referred to the Committee on Finance

		A BILL
		To extend by one year the moratorium on implementation of
		  a rule relating to the Federal-State financial partnership under Medicaid and
		  the State Children's Health Insurance Program and on finalization of a rule
		  regarding graduate medical education under Medicaid and to include a moratorium
		  on the finalization of the outpatient Medicaid rule making similar
		  changes.

		1.Extension of moratorium on
			 implementation of rule relating to the Federal-State financial partnership
			 under medicaid and SCHIP and on finalization of a rule relating to the
			 treatment of graduate medical education under medicaid; moratorium on the
			 finalization of the outpatient Medicaid rule making similar change
			(a)FindingsCongress
			 makes the following findings:
				(1)A
			 proposed rule was published on January 18, 2007, on pages 2236 through 2248 of
			 volume 72, Federal Register, and a rule purporting to finalize that rule was
			 published on May 29, 2007, on pages 29748 through 29836 of volume 72, Federal
			 Register (relating to parts 433, 447, and 457 of title 42, Code of Federal
			 Regulations). This rule would significantly change the Federal-State financial
			 partnership under the Medicaid and the State Children’s Health Insurance
			 Programs by—
					(A)imposing a cost
			 limit on payments made under such programs to governmentally operated
			 providers;
					(B)limiting the
			 permissible sources of the non-Federal shares required under such programs and
			 the types of entities permitted to contribute to such shares; and
					(C)imposing new
			 requirements on participating providers and States under such programs.
					(2)A
			 proposed rule was published on May 23, 2007, on pages 28930 through 28936 of
			 volume 72, Federal Register (relating to parts 438 and 447 of title 42, Code of
			 Federal Regulations) that would significantly change the scope of permissible
			 payments under Medicaid by removing the ability for States to make payments
			 related to graduate medical education.
				(3)Permitting these
			 rules to take effect would drastically alter the Federal-State financial
			 partnership in Medicaid and the State Children’s Health Insurance Programs,
			 undermine the discretion traditionally accorded States, and have a negative
			 impact on States, providers, and beneficiaries in the following manner:
					(A)Implementation of
			 the rule regarding the Federal-State financial partnership would force billions
			 of dollars of payment reductions, thus hampering the ability of impacted
			 providers to provide essential services including allowing those providers to
			 be ready and available for emergency situations and to provide care to the
			 increasing numbers of uninsured.
					(B)Implementation of
			 the rule regarding graduate medical education would force billions of dollars
			 in payment reductions to teaching hospitals, thus hampering the ability of
			 those providers to provide essential services including the education of the
			 next generation of medical professionals despite a shortage of medical
			 professionals.
					(4)By including a
			 one-year moratorium in the U.S. Troop Readiness, Veterans’ Care, Katrina
			 Recovery, and Iraq Accountability Appropriations Act of 2007, Congress intended
			 to forestall administrative action to allow itself time to assess the proposals
			 and consider alternatives that would not negatively impact States, providers,
			 and beneficiaries.
				(5)After
			 Congressional approval of the moratorium contained in the U.S. Troop Readiness,
			 Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act of
			 2007, the Centers for Medicare & Medicaid Services on May 25, 2007,
			 submitted for publication its final rule, which was not significantly different
			 from the January proposed regulation.
				(6)The publication of
			 a final rule in May regarding the Federal-State financial partnership was not
			 anticipated by Congress and accelerates the negative impact on States,
			 providers, and beneficiaries, thus undermining the intent of the moratorium
			 passed by Congress.
				(7)The publication of
			 a proposed rule in May regarding graduate medical education was not anticipated
			 by Congress and undermines the intent of the moratorium passed by
			 Congress.
				(8)A proposed rule
			 was published on September 28, 2007, on pages 55158 through 55166 of volume 72,
			 Federal Register (relating to parts 440 and 447 of title 42, Code of Federal
			 Regulations) that would significantly change the scope of permissible payments
			 under Medicaid by redefining outpatient hospital services and dictating
			 methodologies for calculation of the outpatient services upper payment
			 limit.
				(9)Congress did not
			 anticipate continued changes after the moratorium to reduce State flexibility
			 to make adequate Medicaid payments.
				(10)Expansion and
			 extension of the moratorium is necessary to effectuate Congressional
			 intent.
				(b)Extension of
			 prohibitionSection 7002(a)(1) of the U.S. Troop Readiness,
			 Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act of
			 2007 (Public
			 Law 110–28) is amended—
				(1)by striking
			 1 year and inserting 2 years;
				(2)by inserting
			 or (D) after described in subparagraph (A) in
			 subparagraph (B);
				(3)by striking
			 or at the end of subparagraph (B);
				(4)by striking the
			 period at the end of subparagraph (C) and inserting ; or;
			 and
				(5)by inserting at
			 the end the following:

						(D)finalize or
				otherwise implement provisions contained in the proposed rule published on
				September 28, 2007, on pages 55158 through 55166 of volume 72, Federal Register
				(relating to parts 440 and 447 of title 42, Code of Federal
				Regulations).
						.


114 HR 797 IH: Disaster Assistance Recoupment Fairness Act of 2015
U.S. House of Representatives
2015-02-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 797
		IN THE HOUSE OF REPRESENTATIVES

			February 5, 2015
			Mr. Meeks (for himself and Mr. King of New York) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

		A BILL
		To authorize the Administrator of the Federal Emergency Management Agency to waive certain debts
			 owed to the United States related to disaster assistance distributed to
			 individuals and households in error, and for other purposes.

 1.Short titleThis Act may be cited as the Disaster Assistance Recoupment Fairness Act of 2015. 2.Debts owed to United States related to disaster assistance distributed in error (a)Covered assistance definedIn this section, the term covered assistance means assistance provided—
 (1)under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174); and
 (2)in relation to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) on or after January 1, 2011.
 (b)Waiver authorityThe Administrator of the Federal Emergency Management Agency— (1)subject to paragraph (2) and subsection (c), may waive a debt owed to the United States related to covered assistance provided to an individual or household if—
 (A)the covered assistance was distributed based on an error by the Federal Emergency Management Agency;
 (B)there was no fault on behalf of the debtor; and (C)the collection of the debt would be against equity and good conscience; and
 (2)may not waive a debt under paragraph (1) if the debt involves fraud, the presentation of a false claim, or misrepresentation by the debtor or any party having an interest in the claim.
 (c)Presumption of repaymentIn determining whether to waive a debt under subsection (b), the Administrator shall presume that, if the adjusted gross income (as defined under section 62 of the Internal Revenue Code of 1986) of the household of the debtor for the last taxable year ending in or with the calendar year preceding the date on which the income is determined exceeds $100,000 (adjusted annually for inflation beginning with the year following the date of enactment of this Act), the debtor should be required to make at least a partial payment on the debt.
 (d)ReportingNot later than 3 months after the date of enactment of this Act, and every 6 months thereafter, the Inspector General of the Department of Homeland Security shall submit a report that assesses the cost-effectiveness of the efforts of the Federal Emergency Management Agency to recoup improper payments under the individuals and household program under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174) to—
 (1)the Committee on Homeland Security and Governmental Affairs and the Subcommittee on Homeland Security of the Committee on Appropriations of the Senate; and
 (2)the Committee on Homeland Security, the Committee on Transportation and Infrastructure, and the Subcommittee on Homeland Security of the Committee on Appropriations of the House of Representatives.
				(e)Monitoring of covered assistance distributed based on error
 (1)In generalThe Inspector General shall monitor the distribution of covered assistance to individuals and households to determine the percentage of such assistance distributed based on an error by the Federal Emergency Management Agency.
 (2)Removal of waiver authority based on excessive error rateIf the Inspector General determines, with respect to any 12-month period, that the amount of covered assistance distributed based on an error by the Federal Emergency Management Agency exceeds 4 percent of the total amount of covered assistance distributed—
 (A)the Inspector General shall notify the Administrator and publish the determination in the Federal Register; and
 (B)with respect to any major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) after the date of the determination, the authority of the Administrator to waive debt under subsection (b) shall no longer be effective.


116 S173 IS: Save Oak Flat Act
U.S. Senate
2019-01-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 173IN THE SENATE OF THE UNITED STATESJanuary 17, 2019Mr. Sanders (for himself, Mr. Wyden, Ms. Warren, Mr. Merkley, Mr. Heinrich, and Mr. Booker) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo repeal section 3003 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015.

 1.Short titleThis Act may be cited as the Save Oak Flat Act. 2.FindingsCongress finds that—
 (1)section 3003 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (16 U.S.C. 539p) authorizes the approximately 2,422 acres of Forest Service land in the Tonto National Forest in southeastern Arizona commonly known as Oak Flat (referred to in this section as Oak Flat), which is sacred to Indian Tribes in the region and listed in the National Register of Historic Places, to be transferred to Resolution Copper Mining, LLC, a Delaware limited liability company (referred to in this section as Resolution Copper);
 (2)Resolution Copper plans to hold Oak Flat privately for a mining project that will—
 (A)result in the physical destruction of Tribal sacred areas and deprive American Indians from practicing their religious ceremonies and other traditional practices;
 (B)create significant negative environmental impacts by destroying Oak Flat and depleting and contaminating precious water resources; and
 (C)require significant quantities of water, which will— (i)likely affect the local hydrology, including the underlying aquifer; and
 (ii)result in polluted water that will seep into drinking water supplies;
 (3)(A)once Resolution Copper owns Oak Flat, Resolution Copper plans to use the highly destructive block cave mining method to remove 1 cubic mile of ore that (as of the date of enactment of this Act) is located 7,000 feet beneath the surface of the earth without replacing any of the earth removed, because that is the cheapest form of mining; and
 (B)Resolution Copper admits that the surface of Oak Flat will subside and ultimately collapse, destroying forever the Tribal sacred areas described in paragraph (2)(A);
 (4)the Tonto National Forest in which Oak Flat is located was established in 1905 from the ancestral homelands of American Indians, who were forcibly removed at gunpoint from Oak Flat and other areas of the Forest by the Army during the 1880s and held as prisoners of war until the early 1900s;
 (5)(A)section 3003 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (16 U.S.C. 539p)— (i)was included in that Act without proper legislative process, in a manner that circumvented the will of the majority of Members of Congress; and
 (ii)was originally introduced in the House of Representatives as H.R. 687 and in the Senate as S. 339 during the 113th Congress;
 (B)H.R. 687 was— (i)brought to the floor of the House of Representatives for consideration twice; and
 (ii)pulled from consideration each time;
 (C)S. 339 was never considered— (i)by the Senate; or
 (ii)for mark-up by the Committee on Energy and Natural Resources of the Senate; (D)section 3003 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (16 U.S.C. 539p) was included in that Act without majority support from either the House of Representatives or the Senate; and
 (E)a proposed amendment to remove that section was not allowed to be considered before passage of the bill;
 (6)(A)Indian Tribes have— (i)ceded or had taken from the Tribes millions of acres of land to help build the United States; and
 (ii)suffered under Federal assimilationist policies that sought to destroy Tribal cultures;
 (B)despite those policies, American Indians continue to practice their religions as they have done for thousands of years;
 (C)American Indian places of worship, or sacred areas, are often land-based, including mountains, streams, and trees; and
 (D)as a result of previous Federal land policies that resulted in the significant loss of land of Indian Tribes, many sacred areas of the Tribes are currently located on Federal land;
 (7)(A)the United States has a trust responsibility acknowledged by Congress to protect Tribal sacred areas on Federal land, including pursuant to laws requiring meaningful consultation with affected Indian Tribes before making decisions that will impact American Indians; but
 (B)in contradiction to those laws, section 3003 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (16 U.S.C. 539p) requires the mandatory conveyance of a Tribal sacred area located on Federal land, regardless of the outcome of consultation with affected Indian Tribes;
 (8)section 3003 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (16 U.S.C. 539p)— (A)was strongly opposed by Indian Tribes throughout the United States because that section establishes a dangerous legislative precedent for the lack of protection of Tribal sacred areas located on Federal land by mandating the conveyance of Federal land with significant religious, cultural, historic, and anthropological significance for Indian Tribes to a private company that will destroy the land;
 (B)circumvents standard environmental review procedures that ensure that the public interest is protected, including the interests of Indian Tribes; and
 (C)requires a mandatory conveyance of Oak Flat, regardless of the findings resulting from the environmental review process; and
 (9)the inclusion in the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 of section 3003 of that Act (16 U.S.C. 539p) establishes a negative precedent for—
 (A)the legislative process; and (B)Federal Indian policy.
 3.Repeal of southeast Arizona land exchange and conservation provisionSection 3003 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (16 U.S.C. 539p) is repealed.


 HR 5985 ENR: Department of Veterans Affairs Expiring Authorities Act of 2016
U.S. House of Representatives

text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
One Hundred Fourteenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Monday, the fourth day of January, two thousand and sixteen
H. R. 5985

AN ACT
To amend title 38, United States Code, to extend certain expiring provisions of law administered by the Secretary of Veterans Affairs, and for other purposes.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Department of Veterans Affairs Expiring Authorities Act of 2016. (b)Table of contentsThe table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
Sec. 3. Scoring of budgetary effects.
Title I—Extensions of Authority Relating to Health Care
Sec. 101. Extension of authority for collection of copayments for hospital care and nursing home care.
Sec. 102. Extension of requirement to provide nursing home care to certain veterans with service-connected disabilities.
Sec. 103. Extension of authorization of appropriations for assistance and support services for caregivers.
Sec. 104. Extension of authority for recovery from third parties of cost of care and services furnished to veterans with health-plan contracts for non-service-connected disability.
Sec. 105. Extension of authority for pilot program on assistance for child care for certain veterans receiving health care.
Sec. 106. Extension of authority to make grants to veterans service organizations for transportation of highly rural veterans.
Sec. 107. Extension of authority for pilot program on counseling in retreat settings for women veterans newly separated from service.
Sec. 108. Extension of deadline for report on pilot program on use of community-based organizations and local and State government entities to ensure that veterans receive care and benefits for which they are eligible.
Title II—Extensions of Authority Relating to Benefits
Sec. 201. Extension of authority for the Veterans’ Advisory Committee on Education.
Sec. 202. Extension of authority for calculating net value of real property at time of foreclosure.
Sec. 203. Extension of authority relating to vendee loans.
Sec. 204. Extension of authority to provide rehabilitation and vocational benefits to members of the Armed Forces with severe injuries or illnesses.
Title III—Extensions of Authority Relating to Homeless Veterans
Sec. 301. Extension of authority for homeless veterans reintegration programs.
Sec. 302. Extension of authority for homeless women veterans and homeless veterans with children reintegration program.
Sec. 303. Extension of authority for referral and counseling services for veterans at risk of homelessness transitioning from certain institutions.
Sec. 304. Extension of authority to provide housing assistance for homeless veterans.
Sec. 305. Extension and modification of authority to provide financial assistance for supportive services for very low-income veteran families in permanent housing.
Sec. 306. Extension of authority for grant program for homeless veterans with special needs.
Sec. 307. Extension of authority for the Advisory Committee on Homeless Veterans.
Sec. 308. Extension of authority for treatment and rehabilitation services for seriously mentally ill and homeless veterans.
Title IV—Other Extensions and Modifications of Authority and Other Matters
Sec. 401. Extension of authority for transportation of individuals to and from Department facilities.
Sec. 402. Extension of authority for operation of the Department of Veterans Affairs regional office in Manila, the Republic of the Philippines.
Sec. 403. Extension of authority for monthly assistance allowances under the Office of National Veterans Sports Programs and Special Events.
Sec. 404. Extension of requirement to provide reports to Congress regarding equitable relief in the case of administrative error.
Sec. 405. Extension of authorization of appropriations for adaptive sports programs for disabled veterans and members of the Armed Forces.
Sec. 406. Extension of authority for Advisory Committee on Minority Veterans.
Sec. 407. Modification to authorization of appropriations for comprehensive service programs for homeless veterans.
Sec. 408. Extension of authority for temporary expansion of eligibility for specially adapted housing assistance for certain veterans with disabilities causing difficulty ambulating.
Sec. 409. Extension of authority for specially adapted housing assistive technology grant program.
Sec. 410. Extension of authority to guarantee payment of principal and interest on certificates or other securities.
Sec. 411. Extension of authority to enter into agreement with the National Academy of Sciences regarding associations between diseases and exposure to dioxin and other chemical compounds in herbicides.
Sec. 412. Extension of authority for performance of medical disabilities examinations by contract physicians.
Sec. 413. Restoration of prior reporting fee multipliers.
Sec. 414. Extension of requirement for annual report on Department of Defense-Department of Veterans Affairs Interagency Program Office.
Sec. 415. Extension of authority to approve courses of education in cases of withdrawal of recognition of accrediting agency by Secretary of Education.
2.References to title 38, United States CodeExcept as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. 3.Scoring of budgetary effectsThe budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
IExtensions of Authority Relating to Health Care
101.Extension of authority for collection of copayments for hospital care and nursing home careSection 1710(f)(2)(B) is amended by striking September 30, 2016 and inserting September 30, 2017. 102.Extension of requirement to provide nursing home care to certain veterans with service-connected disabilitiesSection 1710A(d) is amended by striking December 31, 2016 and inserting December 31, 2017.
103.Extension of authorization of appropriations for assistance and support services for caregiversSection 1720G(e) is amended— (1)in paragraph (2), by striking and;
(2)in paragraph (3), by striking the period at the end and inserting ; and; and (3)by adding at the end the following new paragraph:

(4)$734,628,000 for fiscal year 2017.. 104.Extension of authority for recovery from third parties of cost of care and services furnished to veterans with health-plan contracts for non-service-connected disabilitySection 1729(a)(2)(E) is amended, in the matter preceding clause (i), by striking October 1, 2016 and inserting October 1, 2017.
105.Extension of authority for pilot program on assistance for child care for certain veterans receiving health care
(a)Extension of authoritySubsection (e) of section 205 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 124 Stat. 1144; 38 U.S.C. 1710 note) is amended by striking December 31, 2016 and inserting December 31, 2017. (b)Authorization of appropriationsSubsection (h) of such section is amended by striking and 2016 and inserting 2016, and 2017.
106.Extension of authority to make grants to veterans service organizations for transportation of highly rural veteransSection 307(d) of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 124 Stat. 1154; 38 U.S.C. 1710 note) is amended by striking 2016 and inserting 2017. 107.Extension of authority for pilot program on counseling in retreat settings for women veterans newly separated from service (a)ExtensionSubsection (d) of section 203 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 124 Stat. 1143; 38 U.S.C. 1712A) is amended by striking December 31, 2016 and inserting December 31, 2017.
(b)Authorization of appropriationsSubsection (f) of such section is amended by striking and 2016 and inserting 2016, and 2017. 108.Extension of deadline for report on pilot program on use of community-based organizations and local and State government entities to ensure that veterans receive care and benefits for which they are eligibleSection 506(g)(1) of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 38 U.S.C. 523 note) is amended by striking 180 days after the completion of the pilot program and inserting September 30, 2017.
IIExtensions of Authority Relating to Benefits
201.Extension of authority for the Veterans’ Advisory Committee on EducationSection 3692(c) is amended by striking December 31, 2016 and inserting December 31, 2017. 202.Extension of authority for calculating net value of real property at time of foreclosureSection 3732(c)(11) is amended by striking October 1, 2016 and inserting October 1, 2017.
203.Extension of authority relating to vendee loansSection 3733(a)(7) is amended— (1)in the matter preceding subparagraph (A), by striking September 30, 2016 and inserting September 30, 2017; and
(2)in subparagraph (C), by striking September 30, 2016, and inserting September 30, 2017,. 204.Extension of authority to provide rehabilitation and vocational benefits to members of the Armed Forces with severe injuries or illnessesSection 1631(b)(2) of the Wounded Warrior Act (title XVI of Public Law 110–181; 122 Stat. 458; 10 U.S.C. 1071 note) is amended by striking December 31, 2016 and inserting December 31, 2017.
IIIExtensions of Authority Relating to Homeless Veterans
301.Extension of authority for homeless veterans reintegration programsSection 2021(e)(1)(F) is amended by striking 2016 and inserting 2017. 302.Extension of authority for homeless women veterans and homeless veterans with children reintegration programSection 2021A(f)(1) is amended by striking 2016 and inserting 2017.
303.Extension of authority for referral and counseling services for veterans at risk of homelessness transitioning from certain institutionsSection 2023(d) is amended by striking September 30, 2016 and inserting September 30, 2017.  304.Extension of authority to provide housing assistance for homeless veteransSection 2041(c) is amended by striking September 30, 2016 and inserting September 30, 2017.
305.Extension and modification of authority to provide financial assistance for supportive services for very low-income veteran families in permanent housingSubparagraph (E) of section 2044(e)(1) is amended to read as follows:  (E)$320,000,000 for each of fiscal years 2015 through 2017..
306.Extension of authority for grant program for homeless veterans with special needsSection 2061(d)(1) is amended by striking 2016 and inserting 2017. 307.Extension of authority for the Advisory Committee on Homeless VeteransSection 2066(d) is amended by striking December 31, 2016 and inserting December 31, 2017.
308.Extension of authority for treatment and rehabilitation services for seriously mentally ill and homeless veterans
(a)General treatmentSection 2031(b) is amended by striking September 30, 2016 and inserting September 30, 2017. (b)Additional services at certain locationsSection 2033(d) is amended by striking September 30, 2016 and inserting September 30, 2017.
IVOther Extensions and Modifications of Authority and Other Matters
401.Extension of authority for transportation of individuals to and from Department facilitiesSection 111A(a)(2) is amended by striking December 31, 2016 and inserting December 31, 2017. 402.Extension of authority for operation of the Department of Veterans Affairs regional office in Manila, the Republic of the PhilippinesSection 315(b) is amended by striking September 30, 2016 and inserting September 30, 2017.
403.Extension of authority for monthly assistance allowances under the Office of National Veterans Sports Programs and Special EventsSection 322(d)(4) is amended by striking 2016 and inserting 2017. 404.Extension of requirement to provide reports to Congress regarding equitable relief in the case of administrative errorSection 503(c) is amended by striking December 31, 2016 and inserting December 31, 2017.
405.Extension of authorization of appropriations for adaptive sports programs for disabled veterans and members of the Armed ForcesSection 521A is amended— (1)in subsection (g)(1), by striking 2016 and inserting 2017; and
(2)in subsection (l), by striking 2016 and inserting 2017.  406.Extension of authority for Advisory Committee on Minority VeteransSection 544(e) is amended by striking December 31, 2016 and inserting December 31, 2017.
407.Modification to authorization of appropriations for comprehensive service programs for homeless veteransSection 2013(7) is amended by striking $250,000,000 and inserting $257,700,000. 408.Extension of authority for temporary expansion of eligibility for specially adapted housing assistance for certain veterans with disabilities causing difficulty ambulatingSection 2101(a)(4) is amended—
(1)in subparagraph (A), by striking September 30, 2016 and inserting September 30, 2017; and (2)in subparagraph (B), by striking 2016 and inserting 2017.
409.Extension of authority for specially adapted housing assistive technology grant programSection 2108(g) is amended by striking September 30, 2016 and inserting September 30, 2017. 410.Extension of authority to guarantee payment of principal and interest on certificates or other securitiesSection 3720(h)(2) is amended by striking December 31, 2016 and inserting December 31, 2017.
411.Extension of authority to enter into agreement with the National Academy of Sciences regarding associations between diseases and exposure to dioxin and other chemical compounds in herbicidesSection 3(i) of the Agent Orange Act of 1991 (Public Law 102–4; 38 U.S.C. 1116 note) is amended by striking December 31, 2016 and inserting December 31, 2017. 412.Extension of authority for performance of medical disabilities examinations by contract physiciansSubsection (c) of section 704 of the Veterans Benefits Act of 2003 (38 U.S.C. 5101 note) is amended by striking December 31, 2016 and inserting December 31, 2017.
413.Restoration of prior reporting fee multipliersSection 406 of the Department of Veterans Affairs Expiring Authorities Act of 2014 (Public Law 113–175; 38 U.S.C. 3684 note) is amended by striking two-year and inserting three-year. 414.Extension of requirement for annual report on Department of Defense-Department of Veterans Affairs Interagency Program OfficeSection 1635(h)(1) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 1071 note) is amended by striking 2016 and inserting 2017.
415.Extension of authority to approve courses of education in cases of withdrawal of recognition of accrediting agency by Secretary of EducationSection 3679(a) of title 38, United States Code, is amended— (1)by striking Any course and inserting (1) Except as provided by paragraph (2), any course; and
(2)by adding at the end the following new paragraph:  (2)In the case of a course of education that would be subject to disapproval under paragraph (1) solely for the reason that the Secretary of Education withdraws the recognition of the accrediting agency that accredited the course, the Secretary of Veterans Affairs, in consultation with the Secretary of Education, and notwithstanding the withdrawal, may continue to treat the course as an approved course of education under this chapter for a period not to exceed 18 months from the date of the withdrawal of recognition of the accrediting agency, unless the Secretary of Veterans Affairs or the appropriate State approving agency determines that there is evidence to support the disapproval of the course under this chapter. The Secretary shall provide to any veteran enrolled in such a course of education notice of the status of the course of education..
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


110 HR 3426 IH: Flexibility for Individual Excellence

U.S. House of Representatives
2007-08-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 3426
		IN THE HOUSE OF REPRESENTATIVES

			August 3, 2007
			Mr. Matheson
			 introduced the following bill; which was referred to the
			 Committee on Education and
			 Labor

		A BILL
		To modify certain amendments made by the No Child Left
		  Behind Act of 2001.

		1.Short titleThis Act may be cited as the
			 Flexibility for Individual Excellence
			 in Education Act of 2007.
		2.Modification to
			 amendments made by No Child Left Behind Act of 2001
			(a)Modifications to
			 highly qualified teacher standard
				(1)Middle or
			 secondary teachers new to profession may use college
			 minorSubclause (II) of section 9101(23)(B)(ii) of the Elementary
			 and Secondary School Act of 1965 (20 U.S.C. 7801(23)(B)(ii)) is amended by
			 inserting or minor after academic major.
				(2)Extent time
			 teaching is consideredSubclause (V) of section 9101(23)(C)(ii) of
			 such Act (20 U.S.C. 7801(23)(C)(ii)) is amended by striking not be based
			 primarily on and inserting not be based solely
			 on.
				(b)Extension until
			 2011–12 school year for rural schools To meet all highly qualified teacher
			 standards; additional $50 million authorized To help rural schools meet
			 standards
				(1)ExtensionSubsection (a) of section 1119 of the
			 Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) is amended by
			 adding at the end the following new paragraph:

						(4)Rural school
				districts
							(A)In
				generalNotwithstanding the
				deadline described in paragraphs (2) and (3), a plan developed by a State
				educational agency or a local educational agency under this subsection shall
				ensure that all teachers who are described in such paragraphs, but are teaching
				in a rural school district, are highly qualified not later than the end of the
				2011–2012 school year.
							(B)DefinitionFor purposes of this paragraph, the term
				rural school district means a local educational agency
				that—
								(i)meets the eligibility criteria described in
				section 6211(b), including by obtaining a waiver under paragraph (2) of such
				section; and
								(ii)employs a percentage of teachers who are
				not highly qualified that is higher than the corresponding percentage for the
				State
				involved.
								.
				(2)Additional
			 fundingSection 6234 of the
			 Elementary and Secondary Education Act of 1965 (20 U.S.C. 7355c) is
			 amended—
					(A)by striking
			 There are and inserting (a) In General.—There are;
			 and
					(B)by adding at the
			 end the following new subsection:

							(b)Additional
				fundingFor the purpose of
				making grants under subpart 2 to be used for teacher recruitment, retention,
				and professional development activities described in section 6222(a) in rural
				school districts (as defined in section 1119(a)(4)), there are authorized to be
				appropriated $50,000,000 for fiscal year 2008 and such sums as may be necessary
				for each of the 4 following fiscal years. Such authorization shall be in
				addition to the authorization in subsection
				(a).
							.
					(c)Highly qualified
			 teacher rules limited to teachers of core subjects
				(1)Title I of the
			 Elementary and Secondary Education Act of 1965 is amended by adding at the end
			 the following new section:

						1005.Highly
				qualified teacher concept limited to teachers of core subjectsNotwithstanding any other provision of this
				Act, any reference in this Act to highly qualified teachers shall be deemed to
				refer only to teachers in core
				subjects.
						.
				(2)The table of
			 contents of such Act is amended by inserting after the item relating to section
			 1004 the following new item:

						Sec. 1005. Highly qualified teacher
				concept limited to teachers of core subjects..

				(d)Students with
			 disabilities assessed at the level of instruction in compliance with their
			 individualized education planClause (ix) of section 1111(b)(3)(C) of the
			 Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) is
			 amended by striking and at the end of subclause (II), by adding
			 and at the end of subclause (III), and by adding at the end the
			 following new subclause:

					(IV)at the discretion of the State, the
				assessment of students with disabilities (as defined in section 602(3) of the
				Individuals with Disabilities Education Act) whose instructional level in the
				core academic subjects is below the grade level in which the student is
				enrolled, by using the State assessment determined by the student's
				individualized education program team (as described in section 614(d)(1)(B) of
				such Act) to most closely correspond to the student's instructional
				level;
					.
			(e)Use of growth
			 models and multiple measures in determining adequate yearly progress
				(1)Growth
			 modelsClause (iii) of
			 section 1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20
			 U.S.C. 6311(b)(2)(C)) is amended by striking for all students
			 and inserting for all students, as demonstrated by measures of students'
			 progress toward proficiency, including longitudinal growth.
				(2)Multiple
			 measuresSubparagraph (A) of
			 section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20
			 U.S.C. 6311(b)(2)) is amended by striking and at the end of
			 clause (ii), by striking the period at the end of clause (iii) and inserting
			 ; and, and by adding at the end the following new clause:

						(iv)include multiple measures of student
				academic achievement, such as the proportion of State report card indicators
				met, a performance index score, student drop-out rate, and a measure based on
				individual student achievement gains over time, disaggregated by each of the
				groups of students described in subparagraph
				(C)(v).
						.
				(f)Adequate yearly
			 progress determined by group and subject
				(1)Identification of
			 schools in need of improvement
					(A)Subparagraph (A)
			 of section 1116(b)(1) of the Elementary and Secondary Education Act of 1965 (20
			 U.S.C. 6316(b)(1)) is amended by striking that fails and
			 inserting if the same group of students described in section
			 1111(b)(2)(C)(v) fails in the same academic subject.
					(B)Subparagraph (C)
			 of such section is amended by striking almost every student in each
			 group specified in section 1111(b)(2)(C)(v) enrolled in such school is meeting
			 or exceeding the State's proficient level of academic achievement and
			 inserting almost every student in each group enrolled in such school for
			 which there is such a failure in an academic subject is meeting or exceeding
			 the State's proficient level of academic achievement in such
			 subject.
					(2)Failure to make
			 adequate yearly progress during first year after
			 identificationSo much of the text of paragraph (5) of section
			 1116(b) of such Act as precedes subparagraph (A) is amended to read as follows:
			 If, by the end of the first full school year after identification under
			 paragraph (1) of a school served under this part, any group of students that
			 met the requirements for such identification in an academic subject fails to
			 make adequate yearly progress in such subject, as set out in the State's plan
			 under section 1111(b)(2), the local educational agency serving such
			 school—.
				(3)Failure to make
			 adequate yearly progress during second year after identificationSo much of the text of subparagraph (C) of
			 section 1116(b)(7) of such Act as precedes clause (i) is amended to read as
			 follows: If, by the end of the second full school year after
			 identification under paragraph (1) of a school served under this part, any
			 group of students that met the requirements for such identification in an
			 academic subject fails to make adequate yearly progress in such subject, as set
			 out in the State's plan under section 1111(b)(2), the local educational agency
			 shall—.
				(4)Failure to make
			 adequate yearly progress during first year after corrective
			 actionSo much of the text of
			 subparagraph (A) of section 1116(b)(8) of such Act as precedes clause (i) is
			 amended to read as follows: If, after 1 full year of corrective action
			 under paragraph (7), any group of students (at the school subject to such
			 corrective action) that met the requirements for identification under paragraph
			 (1) in an academic subject continues to fail to make adequate yearly progress
			 in such subject, then the local educational agency shall—.
				(g)Needs improvement
			 label To be group and subject specificSubparagraph (A) of section 1116(b)(1) of
			 the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(1)) is
			 amended by adding at the end the following new sentence: Such
			 identification shall apply only to each group and subject with respect to which
			 there is such a failure.
			(h)Parental
			 notification of needs improvement To be group and subject
			 specificParagraph (6) of
			 section 1116(b) of the Elementary and Secondary Education Act of 1965 (20
			 U.S.C. 6316(b)) is amended by striking of each student enrolled in an
			 elementary school or a secondary school identified for school improvement under
			 paragraph (1) and inserting of each student in each group of
			 students that met the requirements for identification in an academic subject
			 under paragraph (1).
			(i)Transfer option
			 and supplemental services limited to students from failing groups
				(1)Clause (i) of
			 section 1116(b)(1)(E) of the Elementary and Secondary Education Act of 1965 (20
			 U.S.C. 6316(b)(1)(E)) is amended by inserting in each group described in
			 section 1111(b)(2)(C)(v) that met the requirements for such
			 identification after all students.
				(2)Paragraphs (5)(A),
			 (7)(C)(i), and (8)(A)(i) of section 1116(b) of such Act are each amended by
			 inserting in such group after all
			 students.
				(j)Local educational
			 agencies may choose To offer supplemental educational services, and not public
			 school choice, on initial failure To make adequate yearly progress
				(1)In
			 generalSubparagraph (E) of
			 section 1116(b)(1) of the Elementary and Secondary Education Act of 1965 (20
			 U.S.C. 6316(b)(1)) is amended to read as follows:

						(E)Public school
				choice or supplemental educational servicesIn the case of a school identified for
				school improvement under this paragraph, the local educational agency shall,
				not later than the first day of the school year following such
				identification—
							(i)provide all students in each group
				described in section 1111(b)(2)(C)(v) that met the requirements for such
				identification (and who are enrolled in the school) with the option to transfer
				to another public school served by the local educational agency, which may
				include a public charter school, that has not been identified for school
				improvement under this paragraph, unless such an option is prohibited by State
				law, or
							(ii)make supplemental
				educational services available consistent with subsection (e)(1) to students in
				such group in the academic subject to which such identification relates.
							If more
				than 1 school served by such agency is identified for school improvement under
				this paragraph or more than 1 group of students meets the requirements for such
				identification, such agency shall make the same choice under clause (i) or (ii)
				for all such schools and all such
				groups..
				(2)Conforming
			 amendmentParagraph (5) of section 1116(b) of such Act is amended
			 to read as follows:

						(5)Failure to make
				adequate yearly progress after identificationIf, by the end of the first full school
				year after identification under paragraph (1) of a school served under this
				part, any group of students that met the requirements for such identification
				in an academic subject fails to make adequate yearly progress in such subject,
				as set out in the State's plan under section 1111(b)(2), the local educational
				agency serving such school—
							(A)shall continue to provide the transfer
				option under clause (i) of paragraph (1)(E) or to make the supplemental
				educational services available under clause (ii) of such paragraph, whichever
				was chosen by such agency,
							(B)shall provide the transfer option under
				such clause (i) or to make the supplemental educational services available
				under such clause (ii), whichever was not chosen by such agency under such
				paragraph; and
							(C)shall continue to
				provide technical
				assistance.
							.


		II
		110th CONGRESS
		1st Session
		S. 514
		IN THE SENATE OF THE UNITED
		  STATES

			February 7, 2007
			Mr. Nelson of Florida
			 (for himself and Mr. Martinez) introduced
			 the following bill; which was read twice and referred to the
			 Committee on Indian
			 Affairs

		A BILL
		To extend Federal recognition to the
		  Muscogee Nation of Florida.

		1.Short titleThis Act may be cited as the
			 Muscogee Nation of Florida Federal
			 Recognition Act.
		2.FindingsCongress finds that—
			(1)the Muscogee Nation of Florida is comprised
			 of lineal descendants of persons who were historically part of the Creek
			 Confederacy, which relocated from Daleville, Alabama, and other areas of
			 southern Alabama to the State of Florida between 1812 and 1887;
			(2)those Creek persons settled in the north
			 Florida panhandle in autonomous communities (referred to in the constitution of
			 the Muscogee Nation as Townships), continuing the lifestyle and
			 traditions practiced by the historic Creek Nation of Alabama and
			 Georgia;
			(3)(A)on dissolution of the Creek Confederacy,
			 the ancestors of current members of the Muscogee Nation of Florida relocated
			 and reestablished home sites, traditions, ceremonial centers, tribal government
			 (including through the traditional appointment of tribal leaders), and tribal
			 economy in rural areas of the State of Florida;
				(B)the relocation described in subparagraph
			 (A) did not prevent the Nation from—
					(i)continuing to exercise the governing powers
			 of the Nation;
					(ii)providing services to members of the
			 Nation; or
					(iii)enjoying the communal lifestyle of the
			 Nation; and
					(C)some members of the Nation remain on
			 original home sites of their Creek ancestors;
				(4)members of the Nation—
				(A)participated in the 1814 Treaty of Ft.
			 Jackson and the Apalachicola Treaty of October 11, 1832; and
				(B)were included in the Abbott-Parsons Creek
			 Census, dated 1832 and 1833;
				(5)members of the Nation have established an
			 ancestral claim to land taken from the Nation by General Andrew Jackson in the
			 aftermath of the War of 1812 pursuant to the 1814 Treaty of Ft. Jackson;
			(6)beginning in 1971, the Secretary of the
			 Interior distributed to members of the Nation in 3 actions per capita payments
			 for land claim settlements;
			(7)(A)in 1974, the State of Florida established
			 the Northwest Florida Creek Indian Council to manage issues relating to Creek
			 Indians in northwest Florida; and
				(B)in
			 1978, the Council held an election for representatives to the tribal government
			 known as the Florida Tribe of Eastern Creek Indians, which is
			 now the Muscogee Nation of Florida;
				(8)in 1986, the Senate and House of
			 Representatives of the State of Florida passed resolutions recognizing the
			 Muscogee Nation of Florida as an Indian tribe;
			(9)the community of Bruce in Walton County,
			 Florida, has been a governing center for the Nation for more than 150
			 years;
			(10)in the community of Bruce, the
			 Nation—
				(A)beginning in the early 1860s, used and
			 maintained the Antioch Cemetery, which remains in use by members of the Nation
			 as of the date of enactment of this Act;
				(B)between 1895 and 1947, maintained a school
			 that was attended by members of the Nation;
				(C)in 1912, established a church that is
			 recognized by the Methodist Conference as a Native American church; and
				(D)maintained a ceremonial area on Bruce Creek
			 that was attended until the late 1920s;
				(11)the ceremonial area of the Nation, as in
			 existence on the date of enactment of this Act—
				(A)is located in the community of Blountstown,
			 Florida, 1 of the reservations referred to in the Apalachicola Treaty of
			 October 11, 1832; and
				(B)is the site of continuing ceremonies, such
			 as Green Corn, and traditional events;
				(12)local governments have recognized the
			 community of Bruce as the center of tribal government of the Nation; and
			(13)during the 30-year period preceding the
			 date of enactment of this Act, the Nation has received Federal, State, and
			 local grants, and entered into contracts, to provide services and benefits to
			 members of the Nation.
			3.DefinitionsIn this Act:
			(1)MemberThe term member means—
				(A)an individual who is an enrolled member of
			 the Nation as of the date of enactment of this Act; and
				(B)an individual who has been placed on the
			 membership rolls of the Nation in accordance with this Act.
				(2)NationThe term Nation means the
			 Muscogee Nation of Florida (formerly known as the Florida Tribe of
			 Eastern Creek Indians).
			(3)SecretaryThe term Secretary means the
			 Secretary of the Interior.
			(4)Tribal
			 CouncilThe term Tribal
			 Council means the governing body of the Nation.
			4.Federal recognition
			(a)Recognition
				(1)In generalFederal recognition is extended to the
			 Nation.
				(2)Applicability of lawsAll laws (including regulations) of the
			 United States of general applicability to Indians or nations, Indian tribes, or
			 bands of Indians (including the Act of June 18, 1934 (25 U.S.C. 461 et seq.))
			 that are not inconsistent with this Act shall be applicable to the Nation and
			 members.
				(b)Federal services and benefits
				(1)In generalOn and after the date of enactment of this
			 Act, the Nation and members shall be eligible for all services and benefits
			 provided by the Federal Government to federally recognized Indian tribes
			 without regard to—
					(A)the existence of a reservation for the
			 Nation; or
					(B)the location of the residence of any member
			 on or near any Indian reservation.
					(2)Service areaFor the purpose of the delivery of Federal
			 services to members, the service area of the Nation shall be considered to
			 be—
					(A)the community of Bruce in Walton County,
			 Florida; and
					(B)an area in the State of Florida in which
			 members reside that is bordered—
						(i)on the west by the Escambia River;
			 and
						(ii)on the east by the St. Marks River.
						5.Constitution and bylaws
			(a)In generalThe constitution and bylaws of the Nation
			 shall be the constitution and bylaws of the Tribal Council dated January 21,
			 2001 (including amendments), as submitted to the Secretary for approval on
			 recognition.
			(b)New constitution and bylawsOn receipt of a written request of the
			 Tribal Council, the Secretary shall hold a referendum for members for the
			 purpose of adopting a new constitution and bylaws, in accordance with section
			 16 of the Act of June 18, 1934 (25 U.S.C. 476).
			6.Tribal
			 CouncilThe Tribal
			 Council—
			(1)shall represent the Nation and members;
			 and
			(2)may—
				(A)enter into any contract, grant agreement,
			 or other agreement with any Federal department or agency;
				(B)carry out or administer such programs as
			 the Tribal Council determines to be appropriate to carry out the contracts and
			 agreements; and
				(C)designate a successor in interest pursuant
			 to a new constitution or bylaw of the Nation adopted under section 5(b).
				7.Membership rollThe membership roll of the Nation shall be
			 determined in accordance with the membership criteria established by the
			 ordinance of the Nation numbered 04–01–100 and dated February 7, 2004.


		One Hundred Eleventh Congress of the United States of
		  America
		1st SessionBegun and held at the City of Washington on Tuesday, the sixth
		day of January, two thousand and nine
		S. 407
		IN THE SENATE OF THE UNITED
		  STATES
		AN ACT
		To amend title 38, United States Code, to
		  provide for an increase, effective December 1, 2009, in the rates of
		  compensation for veterans with service-connected disabilities and the rates of
		  dependency and indemnity compensation for the survivors of certain disabled
		  veterans, to codify increases in the rates of such compensation that were
		  effective as of December 1, 2008, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Veterans' Compensation Cost-of-Living
			 Adjustment Act of 2009.
		2.Increase in rates of disability
			 compensation and dependency and indemnity compensation
			(a)Rate adjustmentEffective on December 1, 2009, the
			 Secretary of Veterans Affairs shall increase, in accordance with subsection
			 (c), the dollar amounts in effect on November 30, 2009, for the payment of
			 disability compensation and dependency and indemnity compensation under the
			 provisions specified in subsection (b).
			(b)Amounts To be increasedThe dollar amounts to be increased pursuant
			 to subsection (a) are the following:
				(1)Wartime disability
			 compensationEach of the
			 dollar amounts under section 1114 of title 38, United States Code.
				(2)Additional compensation for
			 dependentsEach of the dollar
			 amounts under section 1115(1) of such title.
				(3)Clothing allowanceThe dollar amount under section 1162 of
			 such title.
				(4)Dependency and indemnity compensation to
			 surviving spouseEach of the
			 dollar amounts under subsections (a) through (d) of section 1311 of such
			 title.
				(5)Dependency and indemnity compensation to
			 childrenEach of the dollar
			 amounts under sections 1313(a) and 1314 of such title.
				(c)Determination of increase
				(1)PercentageExcept as provided in paragraph (2), each
			 dollar amount described in subsection (b) shall be increased by the same
			 percentage as the percentage by which benefit amounts payable under title II of
			 the Social Security Act (42 U.S.C. 401
			 et seq.) are increased effective December 1, 2009, as a result of a
			 determination under section 215(i) of such Act (42 U.S.C. 415(i)).
				(2)RoundingEach dollar amount increased under
			 paragraph (1), if not a whole dollar amount, shall be rounded to the next lower
			 whole dollar amount.
				(d)Special ruleThe Secretary of Veterans Affairs may
			 adjust administratively, consistent with the increases made under subsection
			 (a), the rates of disability compensation payable to persons under section 10
			 of Public Law 85–857 (72 Stat. 1263) who have not received compensation under
			 chapter 11 of title 38, United States Code.
			(e)Publication of adjusted ratesThe Secretary of Veterans Affairs shall
			 publish in the Federal Register the amounts specified in subsection (b), as
			 increased under subsection (a), not later than the date on which the matters
			 specified in section 215(i)(2)(D) of the Social
			 Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published
			 by reason of a determination made under section 215(i) of such Act during
			 fiscal year 2010.
			3.Codification of 2008 cost-of-living
			 adjustment in rates of disability compensation and dependency and indemnity
			 compensation
			(a)Veterans' disability
			 compensationSection 1114 of
			 title 38, United States Code, is amended—
				(1)in subsection (a), by striking
			 $117 and inserting $123;
				(2)in subsection (b), by striking
			 $230 and inserting $243;
				(3)in subsection (c), by striking
			 $356 and inserting $376;
				(4)in subsection (d), by striking
			 $512 and inserting $541;
				(5)in subsection (e), by striking
			 $728 and inserting $770;
				(6)in subsection (f), by striking
			 $921 and inserting $974;
				(7)in subsection (g), by striking
			 $1,161 and inserting $1,228;
				(8)in subsection (h), by striking
			 $1,349 and inserting $1,427;
				(9)in subsection (i), by striking
			 $1,517 and inserting $1,604;
				(10)in subsection (j), by striking
			 $2,527 and inserting $2,673;
				(11)in subsection (k)—
					(A)by striking $91 both places
			 it appears and inserting $96; and
					(B)by striking $3,145 and
			 $4,412 and inserting $3,327 and
			 $4,667, respectively;
					(12)in subsection (l), by striking
			 $3,145 and inserting $3,327;
				(13)in subsection (m), by striking
			 $3,470 and inserting $3,671;
				(14)in subsection (n), by striking
			 $3,948 and inserting $4,176;
				(15)in subsections (o) and (p), by striking
			 $4,412 each place it appears and inserting
			 $4,667;
				(16)in subsection (r), by striking
			 $1,893 and $2,820 and inserting
			 $2,002 and $2,983, respectively; and
				(17)in subsection (s), by striking
			 $2,829 and inserting $2,993.
				(b)Additional compensation for
			 dependentsSection 1115(1) of
			 such title is amended—
				(1)in subparagraph (A), by striking
			 $142 and inserting $150;
				(2)in subparagraph (B), by striking
			 $245 and $71 and inserting $259
			 and $75, respectively;
				(3)in subparagraph (C), by striking
			 $96 and $71 and inserting $101 and
			 $75, respectively;
				(4)in subparagraph (D), by striking
			 $114 and inserting $120;
				(5)in subparagraph (E), by striking
			 $271 and inserting $286; and
				(6)in subparagraph (F), by striking
			 $227 and inserting $240.
				(c)Clothing allowance for certain disabled
			 veteransSection 1162 of such
			 title is amended by striking $677 and inserting
			 $716.
			(d)Dependency and indemnity compensation for
			 surviving spouses
				(1)New law DICSection 1311(a) of such title is
			 amended—
					(A)in paragraph (1), by striking
			 $1,091 and inserting $1,154; and
					(B)in paragraph (2), by striking
			 $233 and inserting $246.
					(2)Old law DICThe table in paragraph (3) of such section
			 is amended to read as follows:

									Pay gradeMonthly ratePay gradeMonthly
						rate

									1 If the veteran served as sergeant
					 major of the Army, senior enlisted advisor of the Navy, chief master sergeant
					 of the Air Force, sergeant major of the Marine Corps, or master chief petty
					 officer of the Coast Guard, at the applicable time designated by section 1302
					 of this title, the surviving spouse's rate shall be $1,419.

									2 If the veteran served as Chairman or
					 Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief
					 of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine
					 Corps, or Commandant of the Coast Guard, at the applicable time designated by
					 section 1302 of this title, the surviving spouse's rate shall be
					 $2,643.

									E–1$1,154W–4$1,380

									E–2$1,154O–1$1,219

									E–3$1,154O–2$1,260

									E–4$1,154O–3$1,347

									E–5$1,154O–4$1,427

									E–6$1,154O–5$1,571

									E–7$1,194O–6$1,771

									E–8$1,260O–7$1,912

									E–9$1,3141O–8$2,100

									W–1$1,219O–9$2,246

									W–2$1,267O–10$2,4632

									W–3$1,305

						.
				(3)Additional DIC for children or
			 disabilitySection 1311 of
			 such title is amended—
					(A)in subsection (b), by striking
			 $271 and inserting $286;
					(B)in subsection (c), by striking
			 $271 and inserting $286; and
					(C)in subsection (d), by striking
			 $128 and inserting $135.
					(e)Dependency and indemnity compensation for
			 children
				(1)DIC when no surviving spouseSection 1313(a) of such title is
			 amended—
					(A)in paragraph (1), by striking
			 $462 and inserting $488;
					(B)in paragraph (2), by striking
			 $663 and inserting $701;
					(C)in paragraph (3), by striking
			 $865 and inserting $915; and
					(D)in paragraph (4), by striking
			 $865 and $165 and inserting $915
			 and $174, respectively.
					(2)Supplemental DIC for certain
			 childrenSection 1314 of such
			 title is amended—
					(A)in subsection (a), by striking
			 $271 and inserting $286;
					(B)in subsection (b), by striking
			 $462 and inserting $488; and
					(C)in subsection (c), by striking
			 $230 and inserting $243.
					(f)Dependency and indemnity compensation
			 payable to parentsSection
			 1315 is amended—
				(1)in subsection (b)—
					(A)in paragraph (1), by striking
			 $163 and inserting $569; and
					(B)in paragraph (3), by striking
			 $4,038 and inserting $13,456;
					(2)in subsection (c)—
					(A)in paragraph (1), by striking
			 $115 and inserting $412; and
					(B)in paragraph (3), by striking
			 $4,038 and inserting $13,456;
					(3)in subsection (d)—
					(A)in paragraph (1), by striking
			 $109 and inserting $387; and
					(B)in paragraph (3), by striking
			 $5,430 and inserting $18,087; and
					(4)in subsection (g), by striking
			 $85 and inserting $308.
				(g)Effective
			 dateThe amendments made by
			 this section shall take effect on December 1, 2008.

			Speaker of the House of Representatives

			Vice President of the United States and President of the
			 Senate


115 HR 4640 IH: National Centers of Excellence in Coastal Flood Research and Education Act
U.S. House of Representatives
2017-12-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 4640IN THE HOUSE OF REPRESENTATIVESDecember 13, 2017Mr. Taylor (for himself, Mr. Wittman, and Mr. Scott of Virginia) introduced the following bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo designate public colleges and universities that provide research, data, and recommendations on
			 physical science, social science, economic analysis, policy analysis, risk
			 analysis, monitoring, predicting, and planning for coastal flooding as
			 National Centers of Excellence in Coastal Flood Research and Education.

 1.Short titleThis Act may be cited as the National Centers of Excellence in Coastal Flood Research and Education Act. 2.National Centers of Excellence in Coastal Flood Research and Education (a)In generalThe Administrator of the National Oceanic and Atmospheric Administration shall designate public colleges and universities as National Centers of Excellence in Coastal Flood Research and Education (in this section referred to as National Centers of Excellence). The Administrator shall make the first such designations by not later than 180 days after the date of the enactment of this Act.
 (b)PurposesThe purposes of such designation are the following: (1)To recognize those institutions of higher education that have exhibited national leadership in research and education in coastal flooding.
 (2)To identify such National Centers of Excellence as sources for expert advice and guidance for Federal agencies engaged in coastal flooding research and education issues and projects.
 (c)Criteria for designationThe Administrator shall designate as National Centers of Excellence only those public universities and colleges that—
 (1)have demonstrated proven expertise in physical and environmental science, flooding, and socioeconomic impacts of flooding research;
 (2)are located in a State that frequently experiences coastal flooding; (3)have previously partnered with, or received funds from, Federal agencies for coastal flooding and watershed issues, including the Corps of Engineers, the United States Geological Survey, the National Oceanic and Atmospheric Administration, the Federal Emergency Management Agency, the National Science Foundation, the Department of Housing and Urban Development, and the National Aeronautics and Space Administration;
 (4)have been designated by State legislation as technical and scientific advisory entities with respect to coastal flooding for State agencies and localities;
 (5)can demonstrate formal institutional collaborations in coastal flooding research and education with other public universities or colleges within the same State; and
 (6)can demonstrate a history of convening local, State, and Federal entities, including Department of Defense commands, to develop plans for coastal flooding.
				3.Partnerships and collaboration with Federal, regional, State, and local governments and
 organizationsAs a condition of designation as a National Center of Excellence under this Act, the Administrator shall require a public college or university to enter into an agreement with the Administrator under which it agrees to—
 (1)collaborate on Federal flood-related issues with Federal agencies such as the Federal Emergency Management Agency, the Environmental Protection Agency, the National Aeronautics and Space Administration, the National Science Foundation, and the Department of Agriculture;
 (2)collaborate and share best practices on regional, State, and locally specific flooding and flood-related issues with—
 (A)State, county, and local governments; (B)local councils of governments or regional planning organizations;
 (C)State agriculture, natural resource, environment, economic development, and water agencies; (D)floodplain managers;
 (E)State homeland security personnel, county disaster recovery coordinators, emergency management personnel, and first responders;
 (F)resource conservation and development councils; (G)watershed organizations and boards;
 (H)agriculture and commodity organizations and farmers; (I)environmental organizations; and
 (J)business and development organizations; and (3)explore opportunities to collaborate, when appropriate, on Federal flood-related issues with other Federal agencies such as the Bureau of Reclamation, the Tennessee Valley Authority, the Bureau of Land Management, the National Park Service, the Bureau of Indian Affairs, the Public Health Service, the National Science Foundation, the Department of Defense, the Department of the Interior, the Department of Housing and Urban Development, and various national laboratories.
			4.Information collection and dissemination; reviews and additional designations
 (a)Annual reportThe Administrator shall annually submit to Congress and the President a report describing the activities, partnerships and collaborations, Federal policy recommendations, previous and continuing budgets, and findings of, and any other applicable information from, the National Centers of Excellence, and make such report available to the public in an easily accessible electronic format on website of the National Oceanic and Atmospheric Administration.
 (b)Review of reports from National Centers of ExcellenceThe Administrator shall review reports from National Centers of Excellence to ensure that recommendations and guidance of such Centers in regard to flooding and flood-related issues are communicated to relevant Federal agencies.
 (c)Review of National Centers of Excellence and potential designeesThe Administrator shall periodically review the National Centers of Excellence and potential new designees as such Centers, to—
 (1)ensure that the National Centers of Excellence continue to meet the criteria for designation under this Act; and
 (2)designate additional National Centers of Excellence in accordance with this Act.


115 HR 7223 IH: Right Rebate Act of 2018
U.S. House of Representatives
2018-12-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 7223IN THE HOUSE OF REPRESENTATIVESDecember 6, 2018Mr. Schrader (for himself and Mr. Welch) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XIX of the Social Security Act to prevent the misclassification of drugs for
			 purposes of the Medicaid drug rebate program.

 1.Short titleThis Act may be cited as the Right Rebate Act of 2018. 2.Preventing the misclassification of drugs under the Medicaid drug rebate program (a)Application of civil money penalty for misclassification of covered outpatient drugs (1)In generalSection 1927(b)(3) of the Social Security Act (42 U.S.C. 1396r–8(b)(3)) is amended—
 (A)in the paragraph heading, by inserting and drug product after price; (B)in subparagraph (A)—
 (i)in clause (ii), by striking ; and at the end and inserting a semicolon; (ii)in clause (iii), by striking the period at the end and inserting a semicolon;
 (iii)in clause (iv), by striking the semicolon at the end and inserting ; and; and (iv)by inserting after clause (iv) the following new clause:

 (v)not later than 30 days after the last day of each month of a rebate period under the agreement, such drug product information as the Secretary shall require for each of the manufacturer’s covered outpatient drugs.; and
 (C)in subparagraph (C)— (i)in clause (ii), by inserting including information related to drug pricing, drug product information, and data related to drug pricing or drug product information, after provides false information,; and
 (ii)by adding at the end the following new clauses:  (iii)Misclassified or misreported information (I)In generalAny manufacturer with an agreement under this section that knowingly (as defined in section 1003.110 of title 42, Code of Federal Regulations (or any successor regulation)) misclassifies a covered outpatient drug, such as by knowingly submitting incorrect drug category information, is subject to a civil money penalty for each covered outpatient drug that is misclassified in an amount not to exceed 2 times the amount of the difference, as determined by the Secretary, between—
 (aa)the total amount of rebates that the manufacturer paid with respect to the drug to all States for all rebate periods during which the drug was misclassified; and
 (bb)the total amount of rebates that the manufacturer would have been required to pay, as determined by the Secretary, with respect to the drug to all States for all rebate periods during which the drug was misclassified if the drug had been correctly classified.
 (II)Other penalties and recovery of underpaid rebatesThe civil money penalties described in subclause (I) are in addition to other penalties as may be prescribed by law and any other recovery of the underlying underpayment for rebates due under this section or the terms of the rebate agreement as determined by the Secretary.
 (iv)Increasing oversight and enforcementEach year the Secretary shall retain, in addition to any amount retained by the Secretary to recoup investigation and litigation costs related to the enforcement of the civil money penalties under this subparagraph and subsection (c)(4)(B)(ii)(III), an amount equal to 25 percent of the total amount of civil money penalties collected under this subparagraph and subsection (c)(4)(B)(ii)(III) for the year, and such retained amount shall be available to the Secretary, without further appropriation and until expended, for activities related to the oversight and enforcement of this section and agreements under this section, including—
 (I)improving drug data reporting systems; (II)evaluating and ensuring manufacturer compliance with rebate obligations; and
 (III)oversight and enforcement related to ensuring that manufacturers accurately and fully report drug information, including data related to drug classification.; and
 (iii)in subparagraph (D)— (I)in clause (iv), by striking ; and and inserting a semicolon;
 (II)in clause (v), by striking the period and inserting ; and; and (III)by inserting after clause (v) the following new clause:

 (vi)in the case of categories of drug product or classification information that were not considered confidential by the Secretary on the day before the date of the enactment of the Right Rebate Act of 2018..
							(2)Technical amendments
 (A)Section 1903(i)(10) of the Social Security Act (42 U.S.C. 1396b(i)(10)) is amended— (i)in subparagraph (C)—
 (I)by adjusting the left margin so as to align with the left margin of subparagraph (B); and (II)by striking , and and inserting a semicolon;
 (ii)in subparagraph (D), by striking ; or and inserting ; and; and (iii)by adding at the end the following new subparagraph:

 (E)with respect to any amount expended for a covered outpatient drug for which a suspension under section 1927(c)(4)(B)(ii)(II) is in effect; or.
 (B)Section 1927(b)(3)(C)(ii) of the Social Security Act (42 U.S.C. 1396r–8(b)(3)(C)(ii)) is amended by striking subsections (a) and (b) and inserting subsections (a), (b), (f)(3), and (f)(4).
					(b)Recovery of unpaid rebate amounts due to misclassification of covered outpatient drugs
 (1)In generalSection 1927(c) of the Social Security Act (42 U.S.C. 1396r–8(c)) is amended by adding at the end the following new paragraph:

						(4)Recovery of unpaid rebate amounts due to misclassification of covered outpatient drugs
 (A)In generalIf the Secretary determines that a manufacturer with an agreement under this section paid a lower per-unit rebate amount to a State for a rebate period as a result of the misclassification by the manufacturer of a covered outpatient drug (without regard to whether the manufacturer knowingly made the misclassification or should have known that the misclassification would be made) than the per-unit rebate amount that the manufacturer would have paid to the State if the drug had been correctly classified, the manufacturer shall pay to the State an amount equal to the product of—
 (i)the difference between— (I)the per-unit rebate amount paid to the State for the period; and
 (II)the per-unit rebate amount that the manufacturer would have paid to the State for the period, as determined by the Secretary, if the drug had been correctly classified; and
 (ii)the total units of the drug paid for under the State plan in the period. (B)Authority to correct misclassifications (i)In generalIf the Secretary determines that a manufacturer with an agreement under this section has misclassified a covered outpatient drug (without regard to whether the manufacturer knowingly made the misclassification or should have known that the misclassification would be made), the Secretary shall notify the manufacturer of the misclassification and require the manufacturer to correct the misclassification in a timely manner.
 (ii)EnforcementIf, after receiving notice of a misclassification from the Secretary under clause (i), a manufacturer fails to correct the misclassification by such time as the Secretary shall require, until the manufacturer makes such correction, the Secretary may—
 (I)correct the misclassification on behalf of the manufacturer; (II)suspend the misclassified drug and the drug’s status as a covered outpatient drug under the manufacturer’s national rebate agreement; or
 (III)impose a civil money penalty (which shall be in addition to any other recovery or penalty which may be available under this section or any other provision of law) for each rebate period during which the drug is misclassified not to exceed an amount equal to the product of—
 (aa)the total number of units of each dosage form and strength of such misclassified drug paid for under any State plan during such a rebate period; and
 (bb)23.1 percent of the average manufacturer price for the dosage form and strength of such misclassified drug.
										(C)Reporting and transparency
 (i)In generalThe Secretary shall submit a report to Congress on at least an annual basis that includes information on the covered outpatient drugs that have been identified as misclassified, the steps taken to reclassify such drugs, the actions the Secretary has taken to ensure the payment of any rebate amounts which were unpaid as a result of such misclassification, and a disclosure of expenditures from the fund created in subsection (b)(3)(C)(iv), including an accounting of how such funds have been allocated and spent in accordance with such subsection.
 (ii)Public accessThe Secretary shall make the information contained in the report required under clause (i) available to the public on a timely basis.
 (D)Other penalties and actionsActions taken and penalties imposed under this clause shall be in addition to other remedies available to the Secretary including terminating the manufacturer’s rebate agreement for noncompliance with the terms of such agreement and shall not exempt a manufacturer from, or preclude the Secretary from pursuing, any civil money penalty under this title or title XI, or any other penalty or action as may be prescribed by law..
 (2)Offset of recovered amounts against medical assistanceSection 1927(b)(1)(B) of the Social Security Act (42 U.S.C. 1396r–8(b)(1)(B)) is amended by inserting , including amounts received by a State under subsection (c)(4), after in any quarter.
 (c)Clarifying definitionsSection 1927(k)(7)(A) of the Social Security Act (42 U.S.C. 1396r–8(k)(7)(A)) is amended— (1)by striking an original new drug application and inserting a new drug application each place it appears;
 (2)in clause (i), by inserting but including a drug product approved for marketing as a non-prescription drug that is regarded as a covered outpatient drug under paragraph (4) after drug described in paragraph (5);
 (3)in clause (ii), by striking was originally marketed and inserting is marketed; and (4)in clause (iv)—
 (A)by inserting , including a drug product approved for marketing as a non-prescription drug that is regarded as a covered outpatient drug under paragraph (4), after covered outpatient drug; and
 (B)by adding at the end the following new sentence: Such term also includes a covered outpatient drug that is a biological product licensed, produced, or distributed under a biologics license application approved by the Food and Drug Administration.
 (d)Exclusion of manufacturers for knowing misclassification of covered outpatient drugsSection 1128(b) of the Social Security Act (42 U.S.C. 1320a–7(b)) is amended by adding at the end the following new paragraph:

 (17)Knowingly misclassifying covered outpatient drugsAny manufacturer or officer, director, agent, or managing employee of such manufacturer that knowingly misclassifies a covered outpatient drug under an agreement under section 1927, knowingly fails to correct such misclassification, or knowingly provides false information related to drug pricing, drug product information, or data related to drug pricing or drug product information..
 (e)Effective dateThe amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply to covered outpatient drugs supplied by manufacturers under agreements under section 1927 of the Social Security Act (42 U.S.C. 1396r–8) on or after such date.


		I
		111th CONGRESS
		1st Session
		H. R. 2559
		IN THE HOUSE OF REPRESENTATIVES

			May 21, 2009
			Mr. Hare (for
			 himself, Ms. Berkley,
			 Mr. Filner,
			 Mr. Hall of New York,
			 Mrs. Halvorson,
			 Mr. Nye, Mr. Teague, and Mr.
			 Rooney) introduced the following bill; which was referred to the
			 Committee on Veterans’
			 Affairs

		A BILL
		To direct the Secretary of Veterans Affairs to carry out
		  a national media campaign directed at homeless veterans and veterans at risk
		  for becoming homeless.

		1.Short titleThis Act may be cited as the
			 Help Our Homeless Veterans
			 Act.
		2.National media
			 campaign directed at homeless veterans
			(a)National media
			 campaignUnder the authority
			 of section 532 of title 38, United States Code, the Secretary of Veterans
			 Affairs shall carry out a national media campaign targeted at veterans who are
			 homeless or who are at risk of becoming homeless, with special emphasis on such
			 veterans who are women. Through the media campaign, the Secretary shall seek to
			 inform such veterans of—
				(1)their rights and
			 benefits under the laws administered by the Secretary; and
				(2)where to turn for
			 help if they are already homeless or are at risk of becoming homeless.
				(b)Authorization of
			 appropriationsThere are authorized to be appropriated such sums
			 as may be necessary to carry out this section.


114 S2024 IS: Fort Frederica National Monument Boundary Expansion Act of 2015
U.S. Senate
2015-09-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 2024IN THE SENATE OF THE UNITED STATESSeptember 10, 2015Mr. Isakson introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo expand the boundary of Fort Frederica National Monument in the State of Georgia, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Fort Frederica National Monument Boundary Expansion Act of 2015.
		2.Fort Frederica National Monument, Georgia
 (a)Maximum acreageThe first section of the Act of May 26, 1936 (16 U.S.C. 433g) is amended by striking two hundred and fifty acres and inserting 525 acres. (b)Boundary expansion (1)In generalThe boundary of the Fort Frederica National Monument in the State of Georgia is modified to include the land generally depicted as Proposed Acquisition Areas on the map entitled Fort Frederica National Monument Proposed Boundary Expansion, numbered 369/127,249, and dated November 2014.
 (2)Availability of mapThe map described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service.
 (3)Acquisition of landThe Secretary of the Interior may acquire the land and interests in land described in paragraph (1) by donation or purchase with donated or appropriated funds from willing sellers only.


116 S1706 RS: Energy Savings Through Public-Private Partnerships Act of 2019
U.S. Senate
2019-06-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 219116th CONGRESS1st SessionS. 1706[Report No. 116–116]IN THE SENATE OF THE UNITED STATESJune 4, 2019Mr. Gardner (for himself, Mr. Coons, and Mrs. Shaheen) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesSeptember 24, 2019Reported by Ms. Murkowski, without amendmentA BILLTo amend the National Energy Conservation Policy Act to encourage the increased use of performance
			 contracting in Federal facilities, and for other purposes.

 1.Short titleThis Act may be cited as the Energy Savings Through Public-Private Partnerships Act of 2019. 2.Use of energy and water efficiency measures in Federal buildings (a)Energy management requirementsSection 543(f)(4) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(4)) is amended—
 (1)by striking subparagraph (B); (2)in the matter preceding subparagraph (A), by striking may and all that follows through the Federal in subparagraph (A) and inserting the following:

 shall implement any energy- or water-saving measure that—(i)the Federal; (3)in the matter preceding clause (i) (as so designated), by striking Not later and inserting the following:

 (A)In generalNot later; (4)in subparagraph (A) (as so designated)—
 (A)in clause (i), by striking paragraph (3) that is and inserting the following:  paragraph (3); and(ii)is; and (B)in clause (ii) (as so designated), by striking ; and and inserting , as determined by evaluating an individual measure or a bundle of measures with varying paybacks.; and
 (5)by adding at the end the following:  (B)Performance contractingEach Federal agency shall use performance contracting to address at least 1/2 of the measures identified under subparagraph (A)(i)..
 (b)ReportsSection 548(b) of the National Energy Conservation Policy Act (42 U.S.C. 8258(b)) is amended— (1)in paragraph (3), by striking and at the end;
 (2)in paragraph (4), by striking the period at the end and inserting ; and; and (3)by adding at the end the following:

 (5)(A)the status of the energy savings performance contracts and utility energy service contracts of each agency, to the extent that the information is not duplicative of information provided to the Secretary under a separate authority;
 (B)the quantity and investment value of the contracts for the previous year; (C)the guaranteed energy savings, or for contracts without a guarantee, the estimated energy savings, for the previous year, as compared to the measured energy savings for the previous year;
 (D)a forecast of the estimated quantity and investment value of contracts anticipated in the following year for each agency; and
 (E)(i)a comparison of the information described in subparagraph (B) and the forecast described in subparagraph (D) in the report of the previous year; and
 (ii)if applicable, the reasons for any differences in the data compared under clause (i).. (c)Definition of energy conservation measuresSection 551(4) of the National Energy Conservation Policy Act (42 U.S.C. 8259(4)) is amended by striking or retrofit activities and inserting retrofit activities, or energy consuming devices and required support structures.
 (d)Authority To enter into contractsSection 801(a)(2)(F) of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(F)) is amended—
 (1)in clause (i), by striking or at the end; (2)in clause (ii), by striking the period at the end and inserting ; or; and
 (3)by adding at the end the following:  (iii)limit the recognition of operation and maintenance savings associated with systems modernized or replaced with the implementation of energy conservation measures, water conservation measures, or any combination of energy conservation measures and water conservation measures..
 (e)Miscellaneous authority; excluded contractsSection 801(a)(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)) is amended by adding at the end the following:

 (H)Miscellaneous authorityNotwithstanding subtitle I of title 40, United States Code, a Federal agency may accept, retain, sell, or transfer, and apply the proceeds of the sale or transfer of, any energy and water incentive, rebate, grid services revenue, or credit (including a renewable energy certificate) to fund a contract under this title.
 (I)Excluded contractsA contract entered into under this title may not be for work performed— (i)at a Federal hydroelectric facility that provides power marketed by a Power Marketing Administration; or
 (ii)at a hydroelectric facility owned and operated by the Tennessee Valley Authority established under the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.)..
 (f)Payment of costsSection 802 of the National Energy Conservation Policy Act (42 U.S.C. 8287a) is amended by striking (and related operation and maintenance expenses) and inserting , including related operations and maintenance expenses. (g)Definition of energy savingsSection 804(2) of the National Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is amended—
 (1)in subparagraph (A), by striking federally owned building or buildings or other federally owned facilities and inserting Federal building (as defined in section 551) each place it appears; (2)in subparagraph (C), by striking ; and and inserting a semicolon;
 (3)in subparagraph (D), by striking the period at the end and inserting a semicolon; and (4)by adding at the end the following:

 (E)the use, sale, or transfer of any energy and water incentive, rebate, grid services revenue, or credit (including a renewable energy certificate); and
 (F)any revenue generated from a reduction in energy or water use, more efficient waste recycling, or additional energy generated from more efficient equipment..September 24, 2019Reported without amendment