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Question: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Preserving Rehabilitation Innovation
Centers Act of 2016''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) In the United States, there are an estimated 1,181
inpatient rehabilitation facilities. Among these facilities is
a small group of inpatient rehabilitation institutions that are
contributing to the future of rehabilitation care medicine, as
well as to patient recovery, scientific innovation, and quality
of life.
(2) This unique category of inpatient rehabilitation
institutions treats the most complex patient conditions, such
as traumatic brain injury, stroke, spinal cord injury,
childhood disease, burns, and wartime injuries.
(3) These leading inpatient rehabilitation institutions are
all not-for-profit or Government-owned institutions and serve a
high volume of Medicare or Medicaid beneficiaries.
(4) These leading inpatient rehabilitation institutions
have been recognized by the Federal Government for their
contributions to cutting-edge research to develop solutions
that enhance quality of care, improve patient outcomes, and
reduce health care costs.
(5) These leading inpatient rehabilitation institutions
help to improve the practice and standard of rehabilitation
medicine across the Nation in urban, suburban, and rural
communities by training physicians, medical students, and other
clinicians, and providing care to patients from all 50 States.
(6) It is vital that these leading inpatient rehabilitation
institutions are supported so they can continue to lead the
Nation's efforts to--
(A) advance integrated, multidisciplinary
rehabilitation research;
(B) provide cutting-edge medical care to the most
complex rehabilitation patients;
(C) serve as education and training facilities for
the physicians, nurses, and other health professionals
who serve rehabilitation patients;
(D) ensure Medicare and Medicaid beneficiaries
receive state-of-the-art, high-quality rehabilitation
care by developing and disseminating best practices and
advancing the quality of care utilized by post-acute
providers in all 50 States; and
(E) support other inpatient rehabilitation
institutions in rural areas to help ensure access to
quality post-acute care for patients living in these
communities.

SEC. 3. STUDY AND REPORT RELATING TO THE COSTS INCURRED BY, AND THE
MEDICARE PAYMENTS MADE TO, REHABILITATION INNOVATION
CENTERS.

(a) In General.--Section 1886(j) of the Social Security Act (42
U.S.C. 1395ww(j)) is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following new
paragraph:
''(8) Study and report relating to the costs incurred by,
and the medicare payments made to, rehabilitation innovation
centers.--
''(A) Study.--The Secretary shall conduct a study
to assess the costs incurred by rehabilitation
innovation centers (as defined in subparagraph (C))
that are beyond the prospective rate for each of the
following activities:
''(i) Furnishing items and services to
individuals under this title.
''(ii) Conducting research.
''(iii) Providing medical training.
''(B) Report.--Not later than July 1, 2019, the
Secretary shall submit to Congress a report containing
the results of the study under subparagraph (A),
together with recommendations for such legislation and
administrative action as the Secretary determines
appropriate.
''(C) Rehabilitation innovation center defined.--
''(i) In general.--In this paragraph, the
term 'rehabilitation innovation center' means a
rehabilitation facility that, determined as of
the date of the enactment of this paragraph, is
described in clause (ii) or clause (iii).
''(ii) Not-for-profit.--A rehabilitation
facility described in this clause is a facility
that--
''(I) is classified as a not-for-
profit entity under the IRF Rate
Setting File for the Correction Notice
for the Inpatient Rehabilitation
Facility Prospective Payment System for
Federal Fiscal Year 2012 (78 Fed. Reg.
59256);
''(II) holds at least one Federal
rehabilitation research and training
designation for research projects on
traumatic brain injury, spinal cord
injury, or stroke rehabilitation
research from the Rehabilitation
Research and Training Centers or the
Rehabilitation Engineering Research
Center at the National Institute on
Disability and Rehabilitation Research
at the Department of Education, based
on such data submitted to the Secretary
by a facility, in a form, manner, and
time frame specified by the Secretary;
''(III) has a minimum Medicare case
mix index of 1.1144 for fiscal year
2012 according to the IRF Rate Setting
File described in subclause (I); and
''(IV) had at least 300 Medicare
discharges or at least 200 Medicaid
discharges in a prior year as
determined by the Secretary.
''(iii) Government-owned.--A rehabilitation
facility described in this clause is a facility
that--
''(I) is classified as a
Government-owned institution under the
IRF Rate Setting File described in
clause (ii)(I);
''(II) holds at least one Federal
rehabilitation research and training
designation for research projects on
traumatic brain injury, spinal cord
injury, or stroke rehabilitation
research from the Rehabilitation
Research and Training Centers, the
Rehabilitation Engineering Research
Center, or the Model Spinal Cord Injury
Systems at the National Institute on
Disability and Rehabilitation Research
at the Department of Education, based
on such data submitted to the Secretary
by a facility, in a form, manner, and
time frame specified by the Secretary;
''(III) has a minimum Medicare case
mix index of 1.1144 for 2012 according
to the IRF Rate Setting File described
in clause (ii)(I); and
''(IV) has a Medicare
disproportionate share hospital (DSH)
percentage of at least 0.6300 according
to the IRF Rate Setting File described
in clause (ii)(I)).''.

Passed the Senate December 10 (legislative day, December
9), 2016.

Attest:

Secretary.
114th CONGRESS

2d Session

S. 1168

_______________________________________________________________________

AN ACT

To amend title XVIII of the Social Security Act to preserve access to
rehabilitation innovation centers under the Medicare program.

Answer: Preserving Rehabilitation Innovation Centers Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act to direct the Department of Health and Human Services to conduct a study to assess the costs incurred by rehabilitation innovation centers that are beyond the prospective rates for each of the following activities: (1) furnishing items and services to individuals under Medicare; (2) conducting research; and (3) providing medical training.

Question: SECTION 1. SHORT TITLE, ETC.

(a) Short Title.--This Act may be cited as the ''Powering American
Jobs Act of 2014''.
(b) Amendment of 1986 Code.--Except 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 the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title, etc.
Sec. 2. Extension and modification of credit for nonbusiness energy
property.
Sec. 3. Extension of excise tax credits relating to certain fuels.
Sec. 4. Extension of credit for alternative fuel vehicle refueling
property.
Sec. 5. Extension of incentives for biodiesel and renewable diesel.
Sec. 6. Equalization of excise tax on liquefied natural gas and
liquefied petroleum gas.

SEC. 2. EXTENSION AND MODIFICATION OF CREDIT FOR NONBUSINESS ENERGY
PROPERTY.

(a) In General.--Paragraph (2) of section 25C(g) is amended by
striking ''December 31, 2013'' and inserting ''December 31, 2015''.
(b) Updated Energy Star Requirements for Windows, Doors, Skylights,
and Roofing.--
(1) In general.--Paragraph (1) of section 25C(c) is amended
by striking ''which meets'' and all that follows through
''requirements)''.
(2) Energy efficient building envelope component.--
Subsection (c) of section 25C is amended by redesignating
paragraphs (2) and (3) as paragraphs (3) and (4), respectively,
and by inserting after paragraph (1) the following new
paragraph:
''(2) Energy efficient building envelope component.--The
term 'energy efficient building envelope component' means a
building envelope component which meets--
''(A) applicable Energy Star program requirements,
in the case of a roof or roof products,
''(B) version 6.0 Energy Star program requirements,
in the case of an exterior window, a skylight, or an
exterior door, and
''(C) the prescriptive criteria for such component
established by the 2009 International Energy
Conservation Code, as such Code (including supplements)
is in effect on the date of the enactment of the
American Recovery and Reinvestment Tax Act of 2009, in
the case of any other component.''.
(3) Conforming amendment.--Subparagraph (D) of section
25C(c)(3), as so redesignated, is amended to read as follows:
''(D) any roof or roof products which are installed
on a dwelling unit and are specifically and primarily
designed to reduce the heat gain of such dwelling
unit.''.
(c) Separate Standards for Tankless and Storage Water Heaters.--
Subparagraph (D) of section 25C(d)(3) is amended by striking ''which
has either'' and all that follows and inserting ''which has--
''(i) in the case of a natural gas,
propane, or oil storage water heater, an energy
factor of at least 0.80 or a thermal efficiency
of at least 90 percent,
''(ii) in the case of an electric heat pump
storage water heater, an energy factor of at
least 2.0,
''(iii) effective April 16, 2015, in the
case of a natural gas, propane, or oil storage
water heater, with a rated BTU input of no more
than 75,000 BTU/hr, an energy factor of at
least 0.80 or, with a rated BTU input greater
than 75,000 BTU/hr, a thermal efficiency of at
least 90 percent,
''(iv) effective April 16, 2015, in the
case of an electric heat pump storage water
heater, with a water storage capacity equal to
or less than 55 gallons, an energy factor of at
least 2.0 or, with a water storage capacity
equal to or greater than 55 gallons, an energy
factor of at least 2.2, and
''(v) in the case of any other water
heater, an energy factor of at least 0.90 or a
thermal efficiency of at least 90 percent,
and''.
(d) Modification of Testing Standards for Biomass Stoves.--
Subparagraph (E) of section 25C(d)(3) is amended by inserting before
the period the following: '', when tested using the higher heating
value of the fuel and in accordance with the Canadian Standards
Administration B415.1 test protocol''.
(e) Modifications to Residential Energy Property Expenditures.--
(1) Qualified natural gas, propane, or oil furnaces or hot
water boilers.--Paragraph (4) of section 25C(d) is amended to
read as follows:
''(4) Qualified natural gas, propane, or oil furnace or hot
water boiler.--The term 'qualified natural gas, propane, or oil
furnace or hot water boiler' means--
''(A) a natural gas or propane furnace which
achieves an annual fuel utilization efficiency rate of
not less than 95,
''(B) a natural gas or propane hot water boiler
which achieves an annual fuel utilization efficiency
rate of not less than 90, and
''(C) an oil furnace or hot water boiler which--
''(i) achieves an annual fuel utilization
efficiency rate of not less than 87, and
''(ii)(I) in the case of a hot water
boiler, is installed with an indirect water
heater, and
''(II) in the case of a furnace, is
installed with an electronically commutated
blower motor.''.
(f) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2013.

SEC. 3. EXTENSION OF EXCISE TAX CREDITS RELATING TO CERTAIN FUELS.

(a) Excise Tax Credits and Outlay Payments for Biodiesel and
Renewable Diesel Fuel Mixtures.--
(1) Paragraph (6) of section 6426(c) is amended by striking
''December 31, 2013'' and inserting ''December 31, 2015''.
(2) Subparagraph (B) of section 6427(e)(6) is amended by
striking ''December 31, 2013'' and inserting ''December 31,
2015''.
(b) Extension of Alternative Fuels Excise Tax Credits.--
(1) In general.--Sections 6426(d)(5) and 6426(e)(3) are
each amended by striking ''December 31, 2013'' and inserting
''December 31, 2015''.
(2) Outlay payments for alternative fuels.--Subparagraph
(C) of section 6427(e)(6) is amended by striking ''December 31,
2013'' and inserting ''December 31, 2015''.
(c) Extension of Alternative Fuels Excise Tax Credits Relating to
Liquefied Hydrogen.--
(1) In general.--Sections 6426(d)(5) and 6426(e)(3), as
amended by subsection (b), are each amended by striking
''(September 30, 2014 in the case of any sale or use involving
liquefied hydrogen)''.
(2) Outlay payments for alternative fuels.--Paragraph (6)
of section 6427(e) is amended--
(A) by striking ''except as provided in
subparagraph (D), any'' in subparagraph (C), as amended
by this Act, and inserting ''any'',
(B) by striking the comma at the end of
subparagraph (C) and inserting '', and'', and
(C) by striking subparagraph (D) and redesignating
subparagraph (E) as subparagraph (D).
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to fuel sold or
used after December 31, 2013.
(2) Liquefied hydrogen.--The amendments made by subsection
(c) shall apply to fuels sold or used after September 30, 2014.
(e) Special Rule for Certain Periods During 2014.--Notwithstanding
any other provision of law, in the case of--
(1) any biodiesel mixture credit properly determined under
section 6426(c) of the Internal Revenue Code of 1986 for
periods after December 31, 2013, and before the date of the
enactment of this Act, and
(2) any alternative fuel credit properly determined under
section 6426(d) of such Code for such periods,
such credit shall be allowed, and any refund or payment attributable to
such credit (including any payment under section 6427(e) of such Code)
shall be made, only in such manner as the Secretary of the Treasury (or
the Secretary's delegate) shall provide. Such Secretary shall issue
guidance within 30 days after the date of the enactment of this Act
providing for a one-time submission of claims covering periods
described in the preceding sentence. Such guidance shall provide for a
180-day period for the submission of such claims (in such manner as
prescribed by such Secretary) to begin not later than 30 days after
such guidance is issued. Such claims shall be paid by such Secretary
not later than 60 days after receipt. If such Secretary has not paid
pursuant to a claim filed under this subsection within 60 days after
the date of the filing of such claim, the claim shall be paid with
interest from such date determined by using the overpayment rate and
method under section 6621 of such Code.

SEC. 4. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLE REFUELING
PROPERTY.

(a) In General.--Subsection (g) of section 30C is amended by
striking ''placed in service'' and all that follows and inserting
''placed in service after December 31, 2015.''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2013.

SEC. 5. EXTENSION OF INCENTIVES FOR BIODIESEL AND RENEWABLE DIESEL.

(a) Credits for Biodiesel and Renewable Diesel Used as Fuel.--
Subsection (g) of section 40A is amended by striking ''December 31,
2013'' and inserting ''December 31, 2015''.
(b) Effective Date.--The amendment made by this section shall apply
to fuel sold or used after December 31, 2013.

SEC. 6. EQUALIZATION OF EXCISE TAX ON LIQUEFIED NATURAL GAS AND
LIQUEFIED PETROLEUM GAS.

(a) Liquefied Petroleum Gas.--
(1) In general.--Subparagraph (B) of section 4041(a)(2) of
the Internal Revenue Code of 1986 is amended by striking
''and'' at the end of clause (i), by redesignating clause (ii)
as clause (iii), and by inserting after clause (i) the
following new clause:
''(ii) in the case of liquefied petroleum
gas, 18.3 cents per energy equivalent of a
gallon of gasoline, and''.
(2) Energy equivalent of a gallon of gasoline.--Paragraph
(2) of section 4041(a) of the Internal Revenue Code of 1986 is
amended by adding at the end the following:
''(C) Energy equivalent of a gallon of gasoline.--
For purposes of this paragraph, the term 'energy
equivalent of a gallon of gasoline' means, with respect
to a liquefied petroleum gas fuel, the amount of such
fuel having a Btu content of 115,400 (lower heating
value).''.
(b) Liquefied Natural Gas.--
(1) In general.--Subparagraph (B) of section 4041(a)(2) of
the Internal Revenue Code of 1986, as amended by subsection
(a)(1), 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 inserting after clause (iii) the
following new clause:
''(iv) in the case of liquefied natural
gas, 24.3 cents per energy equivalent of a
gallon of diesel.''.
(2) Energy equivalent of a gallon of diesel.--Paragraph (2)
of section 4041(a) of the Internal Revenue Code of 1986, as
amended by subsection (a)(2), is amended by adding at the end
the following:
''(D) Energy equivalent of a gallon of diesel.--For
purposes of this paragraph, the term 'energy equivalent
of a gallon of diesel' means, with respect to a
liquefied natural gas fuel, the amount of such fuel
having a Btu content of 128,700 (lower heating
value).''.
(3) Conforming amendments.--Section 4041(a)(2)(B)(iv) of
the Internal Revenue Code of 1986, as redesignated by
subsection (a)(1) and paragraph (1), is amended--
(A) by striking ''liquefied natural gas,'', and
(B) by striking ''peat), and'' and inserting
''peat) and''.
(c) Effective Date.--The amendments made by this section shall
apply to any sale or use of fuel after September 30, 2014.

Answer: Powering American Jobs Act of 2014 - Amends the Internal Revenue Code to extend through 2015: (1) the tax credit for nonbusiness energy efficient improvements; (2) excise tax credits and payments for alternative fuels, biodiesel and renewable diesel fuel mixtures, and alternative fuels relating to liquefied hydrogen; (3) the tax credit for alternative fuel vehicle refueling property expenditures; and (4) the income tax credit for biodiesel and renewable fuels. Equalizes the excise tax rate for liquefied natural gas and liquefied petroleum gas. Modifies energy efficiency standards for windows, doors, skylights, roofing, water heaters, biomass stoves, and furnaces or hot water boilers.

Question: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Grazing Improvement Act of 2011''.

SEC. 2. TERMS OF GRAZING PERMITS AND LEASES.

Section 402 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1752) is amended by striking ''ten years'' each place it
appears and inserting ''20 years''.

SEC. 3. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND
LEASES.

Title IV of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751 et seq.) is amended by adding at the end the following:

''SEC. 405. RENEWAL, TRANSFER, AND REISSUANCE OF GRAZING PERMITS AND
LEASES.

''(a) Definitions.--In this section:
''(1) Environmental analysis.--The term 'environmental
analysis' means an environmental assessment or an environmental
impact statement required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
''(2) Secretary concerned.--The term 'Secretary concerned'
means--
''(A) the Secretary of Agriculture, with respect to
National Forest System land; and
''(B) the Secretary of the Interior, with respect
to land under the jurisdiction of the Department of the
Interior.
''(b) Renewal, Transfer, and Reissuance.--A grazing permit or lease
issued by the Secretary, or a grazing permit issued by the Secretary of
Agriculture regarding National Forest System land, that expires, is
transferred, or is waived after the date of enactment of this section
shall be renewed or reissued, as appropriate, under--
''(1) section 402;
''(2) section 19 of the Act of April 24, 1950 (commonly
known as the 'Granger-Thye Act') (16 U.S.C. 580l);
''(3) title III of the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1010 et seq.); or
''(4) section 510 the California Desert Protection Act of
1994 (16 U.S.C. 410aaa-50).
''(c) Terms; Conditions.--The terms and conditions contained in an
expired, transferred, or waived permit or lease described in subsection
(b) shall continue in effect under a renewed or reissued permit or
lease until the date on which the Secretary concerned completes the
renewed or reissued permit or lease that is the subject of the expired,
transferred, or waived permit or lease, in compliance with each
applicable law.
''(d) Cancellation; Suspension; Modification.--A permit or lease
described in subsection (b) may be cancelled, suspended, or modified in
accordance with applicable law.
''(e) Compliance With National Environmental Policy Act of 1969.--
''(1) In general.--The renewal, reissuance, or transfer of
a grazing permit or lease by the Secretary concerned shall be
categorically excluded from the requirement to prepare an
environmental analysis if the decision continues the current
grazing management of the allotment.
''(2) Applicability regarding permits and leases with minor
modifications.--If the renewal, reissuance, or transfer of a
grazing permit or lease by the Secretary concerned contains
only minor modifications from the grazing permit or lease that
is the subject of the renewal, reissuance, or transfer, the
grazing permit or lease shall be categorically excluded from
the requirement to prepare an environmental analysis if--
''(A) monitoring of the allotment has indicated
that the current grazing management has met, or has
satisfactorily progressed towards meeting, objectives
contained in the land and resource management plan of
the allotment, as determined by the Secretary
concerned; and
''(B) the decision is consistent with the policy of
the Department of the Interior or the Department of
Agriculture, as appropriate, regarding extraordinary
circumstances.
''(f) Priority and Timing for Completing Environmental Analyses.--
''(1) In general.--Notwithstanding section 504 of the
Emergency Supplemental Appropriations for Additional Disaster
Assistance, for Anti-terrorism Initiatives, for Assistance in
the Recovery from the Tragedy that Occurred at Oklahoma City,
and Rescissions Act, 1995 (Public Law 104-19; 109 Stat. 212),
the Secretary concerned, in the sole discretion of the
Secretary concerned, shall determine the priority and timing
for completing each required environmental analysis regarding
any grazing allotment, permit, or lease based on the
environmental significance of the allotment, permit, or lease
and available funding for that purpose.
''(2) Applicability.--This subsection shall not apply to
the renewal, reissuance, or transfer of a grazing permit or
lease that is categorically excluded under subsection (e).''.

SEC. 4. APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT TO GRAZING
APPEALS.

(a) Forest and Rangeland Renewable Resources Planning Act of
1974.--Section 14 of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1612) is amended by adding at the end
the following:
''(c) Applicability of Administrative Procedure Act.--With respect
to a decision by the Secretary of Agriculture regarding a grazing
permit, an appeal by a grazing permittee shall be conducted in
accordance with subchapter II of chapter 5 of title 5, United States
Code.''.
(b) Federal Land Policy and Management Act of 1976.--Section 402 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752) is
amended by adding at the end the following:
''(i) Applicability of Administrative Procedure Act.--
''(1) Secretary concerned.--The term 'Secretary concerned'
means--
''(A) the Secretary of Agriculture, with respect to
National Forest System land; and
''(B) the Secretary of the Interior, with respect
to land under the jurisdiction of the Department of the
Interior.
''(2) Applicability of administrative procedure act.--With
respect to a decision by the Secretary concerned regarding a
grazing permit or lease, an appeal by a grazing permittee shall
be conducted in accordance with subchapter II of chapter 5 of
title 5, United States Code.
''(3) Deadline for filing appeals.--An appeal made under
this subsection shall be filed not later than 30 days after the
date on which a decision described in paragraph (2) is made.
''(4) Suspension of decisions.--
''(A) In general.--Except as otherwise provided in
this subsection, each decision by the Secretary
concerned regarding a grazing permit or lease that is
appealed under this subsection shall be suspended until
the date on which the appeal is resolved.
''(B) Determination by secretary concerned.--A
decision described in subparagraph (A) may not be
suspended if the Secretary concerned (including any
other authorized official) determines there is an
emergency regarding a deterioration of resources.
''(5) Continued use of grazing permit or lease.--Except in
a situation in which grazing use for the preceding year was
authorized on a temporary basis, an applicant who was granted
grazing use in the preceding year may continue at the level of
authorized active use until the date on which the appeal is
resolved.''.

Answer:
Grazing Improvement Act of 2011 - Amends the Federal Land Policy and Management Act of 1976 (the Act) to double from 10 to 20 years the period of a term for grazing permits and leases for domestic livestock grazing on public lands or lands within national forests in 16 contiguous western states. Permits the issuance of permits and leases for a period shorter than 20 years (under current law, shorter than 10 years).

Directs that grazing permits or leases issued by the Secretary of the Interior respecting lands under the jurisdiction of the Department of the Interior and grazing permits issued by the Secretary of Agriculture (USDA) respecting National Forest System lands that expire, are transferred, or are waived after this Act's enactment be renewed or reissued, as appropriate, under the Act, Granger-Thye Act, Bankhead-Jones Farm Tenant Act, or California Desert Protection Act of 1994.

Excludes the renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned from the requirement under the National Environmental Policy Act of 1969 (NEPA) to prepare an environmental analysis if such decision continues current grazing management of the allotment.

Makes provisions of the Administrative Procedure Act applicable to appeals made by grazing permittees regarding grazing permits or leases under the Act and the Forest and Rangeland Renewable Resources Planning Act of 1974.