SECTION 1. SHORT TITLE. This Act may be cited as the ``Sport Fish Restoration and Recreational Boating Safety Act of 2011''. SEC. 2. AMENDMENT OF FEDERAL AID IN FISH RESTORATION ACT. 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 Federal Aid in Fish Restoration Act (16 U.S.C. 777 et seq.). SEC. 3. DIVISION OF ANNUAL APPROPRIATIONS. Section 4 (16 U.S.C. 777c) is amended-- (1) in subsection (a), by striking ``of fiscal years 2006 through 2011,'' and inserting ``fiscal year through 2017,''; (2) in subsection (b)(1)-- (A) in subparagraph (A), by striking ``of fiscal years 2006 through 2011,'' and inserting ``fiscal year through 2017,''; (B) in subparagraph (B)-- (i) in clause (i), by striking ``each of fiscal years 2001 and 2002, $9,000,000;'' and inserting ``fiscal year 2012, $11,481,000;''; (ii) in clause (ii), by striking ``2003, $8,212,000;'' and inserting ``2013, $11,870,000;''; and (iii) in clause (iii), by striking ``2004'' and inserting ``2014''; and (C) by adding at the end the following: ``(C) Set-aside for boating safety.-- ``(i) From the annual appropriation made in accordance with section 3, for each fiscal year through 2017, the Secretary shall transfer to the Secretary of the department in which the Coast Guard is operating-- ``(I) $6,500,000 for the purposes set forth in section 13107(c) of title 46, United States Code; ``(II) $200,000 to fund the National Boating Safety Advisory Council established under section 13110 of Title 46, United States Code; and ``(III) not less than $6,000,000 for national boating safety activities of national nonprofit public service organizations, and such sums made available for allocation and distribution shall remain available until expended. ``(ii) The amounts specified in clause (i) for a fiscal year may not be included in the amount of the annual appropriation distributed under subsection (a) for the fiscal year.''; (3) in subsection (b)(2)(B), by striking ``subsection (e)'' and inserting ``subsection (c)''; and (4) in subsection (e)-- (A) in paragraph (1), by striking ``those subsections'' and inserting ``those paragraphs''; (B) by amending paragraph (2) to read as follows: ``(2) Maximum amount.--For fiscal year 2012, the Secretary of the Interior may use not more than $1,200,000 in accordance with paragraph (1). For each fiscal year thereafter, the maximum amount that the Secretary of the Interior may use in accordance with paragraph (1) shall be determined pursuant to paragraph (3).''; and (C) by adding at the end the following: ``(3) Annual adjusted maximum amount.--The maximum amount referred to in paragraph 2 for fiscal year 2013 and each fiscal year thereafter shall be the sum of-- ``(A) the available maximum amount for the preceding fiscal year; and ``(B) the amount determined by multiplying-- ``(i) the available maximum amount for the preceding fiscal year; and ``(ii) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor.''. SEC. 4. EXTENSION OF EXCEPTION TO LIMITATION ON TRANSFERS TO FUND. Section 9504(d)(2) of the Internal Revenue Code of 1986 is amended by striking ``2011,'' and inserting ``2017,''. SEC. 5. RECREATIONAL BOATING SAFETY. Section 13107 of title 46, United States Code, is amended-- (1) in subsection (a)(2), by striking ``two'' and inserting ``1.5''; and (2) in subsection (c)(1)-- (A) by striking ``subsection (a)(2)'' and inserting ``subsection (b)''; (B) by striking ``(16 U.S.C. 777c(a)(2)),'' and inserting ``(16 U.S.C. 777c(b)),''; and (C) by striking ``$5,500,000'' and inserting ``$6,500,000''.

Summary: Sport Fish Restoration and Recreational Boating Safety Act of 2011 - Amends the Federal Aid in Fish Restoration Act to maintain through FY2017 the existing percentages of annual Sport Fish Restoration and Boating Trust Fund appropriations distributed to: (1) the Secretary of the Interior for coastal wetlands distributions, the Clean Vessel Act, boating infrastructure, and national outreach and communications; and (2) the Secretary of the department in which the Coast Guard is operating for state recreational boating safety programs. Sets forth, through FY2017, separate set-aside amounts for: (1) the Secretary of the Interior for administration expenses of the Dingell-Johnson Sport Fish Restoration Act; and (2) the Secretary of the department in which the Coast Guard is operating for national recreational boating safety personnel and activities, the National Boating Safety Advisory Council, and national nonprofit boating safety public service organizations. Amends the Internal Revenue Code to extend Fund transfer restriction exceptions until March 5, 2017. Revises the formulas for apportioning unobligated amounts among states and paying the costs of administering recreational boating safety programs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Pain at the Pump Act''. TITLE I--DENIAL OF CERTAIN TAX BENEFITS TO OIL AND GAS COMPANIES SEC. 101. REPEAL OF ENHANCED OIL RECOVERY CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 43 (and the table of sections of such subpart is amended by striking the item relating to such section). (b) Conforming Amendments.-- (1) Subsection (b) of section 38 of such Code is amended by striking paragraph (6) and redesignating paragraphs (7) through (36) as paragraphs (6) through (35), respectively. (2) Paragraph (7) of section 45Q(d) of such Code is amended to read as follows: ``(7) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2009, there shall be substituted for each dollar amount contained in subsection (a) an amount equal to the product of-- ``(i) such dollar amount, multiplied by ``(ii) the inflation adjustment factor for such calendar year. ``(B) Inflation adjustment factor.--The term `inflation adjustment factor' means, with respect to any calendar year, a fraction the numerator of which is the GNP implicit price deflator for the preceding calendar year and the denominator of which is the GNP implicit price deflator for 2008. For purposes of the preceding sentence, the term `GNP implicit price deflator' means the first revision of the implicit price deflator for the gross national product as computed and published by the Secretary of Commerce. Not later than April 1 of any calendar year, the Secretary shall publish the inflation adjustment factor for the preceding calendar year.''. (3) Subsection (c) of section 196 of such Code is amended by striking paragraph (5) and redesignating paragraphs (6) through (14) as paragraphs (5) through (13), respectively. (c) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 2011. (2) Continuation of basis reductions.--Paragraph (2) of section 43(d) of the Internal Revenue Code of 1986 (as in effect before its repeal by this section) shall continue to apply with respect to credits determined for taxable years beginning on or before December 31, 2011. SEC. 102. REPEAL OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 45I (and the table of sections of such subpart is amended by striking the item relating to such section). (b) Conforming Amendment.--Subsection (b) of section 38 of such Code, as amended by section 101, is amended by striking paragraph (18) and redesignating paragraphs (19) through (35) as paragraphs (18) through (34), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 103. REPEAL OF EXPENSING OF INTANGIBLE DRILLING AND DEVELOPMENT COSTS. (a) In General.--Section 263 of the Internal Revenue Code of 1986 is amended by striking subsection (c). (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 104. REPEAL OF DEDUCTION FOR TERTIARY INJECTANTS. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 193 (and the table of sections of such subpart is amended by striking the item relating to such section). (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 105. REPEAL OF EXCEPTION TO PASSIVE LOSS LIMITATIONS FOR WORKING INTERESTS IN OIL AND GAS PROPERTIES. (a) In General.--Paragraph (3) of section 469(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Termination.--Subparagraph (A) shall not apply with respect to any taxable year beginning after the date of the enactment of this Act.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 106. REPEAL OF PERCENTAGE DEPLETION FOR OIL AND GAS WELLS. (a) In General.--Part I of subchapter I of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 613A (and the table of sections of such part is amended by striking the item relating to such section). (b) Conforming Amendments.-- (1) Subsection (d) of section 45H of such Code is amended-- (A) by striking ``For purposes this section'' and inserting the following: ``(1) In general.--For purposes of this section'', (B) by striking ``(within the meaning of section 613A(d)(3))'', and (C) by adding at the end the following new paragraph: ``(2) Related person.--For purposes of this subsection, a person is a related person with respect to the taxpayer if a significant ownership interest in either the taxpayer or such person is held by the other, or if a third person has a significant ownership interest in both the taxpayer and such person. For purposes of the preceding sentence, the term `significant ownership interest' means-- ``(A) with respect to any corporation, 5 percent or more in value of the outstanding stock of such corporation, ``(B) with respect to a partnership, 5 percent or more interest in the profits or capital of such partnership, and ``(C) with respect to an estate or trust, 5 percent or more of the beneficial interests in such estate or trust. For purposes of determining a significant ownership interest, an interest owned by or for a corporation, partnership, trust, or estate shall be considered as owned directly both by itself and proportionately by its shareholders, partners, or beneficiaries, as the case may be.''. (2) Subparagraph (F) of section 56(g)(4) of such Code is amended to read as follows: ``(F) Depletion.--The allowance for depletion with respect to any property placed in service in a taxable year beginning after December 31, 1989, shall be cost depletion determined under section 611.''. (3) Paragraph (1) of section 57(a) of such Code is amended by striking the last sentence. (4) Paragraph (4) of section 291(b) of such Code is amended by adding at the end the following: ``Any reference in the preceding sentence to section 613A shall be treated as a reference to such section as in effect prior to the date of the enactment of the Pain at the Pump Act.''. (5) Subsection (d) of section 613 of such Code is amended by striking ``Except as provided in section 613A, in the case of'' and inserting ``In the case of''. (6) Subsection (e) of section 613 of such Code is amended-- (A) by striking ``or section 613A'' in paragraph (2), and (B) by striking ``any amount described in section 613A(d)(5)'' in paragraph (3) and inserting ``any lease bonus, advance royalty, or other amount payable without regard to production from property''. (7) Subsection (a) of section 705 of such Code is amended-- (A) by inserting ``and'' at the end of paragraph (1)(C), (B) by striking ``; and'' at the end of paragraph (2)(B) and inserting a period, and (C) by striking paragraph (3). (8) Section 776 of such Code is amended by striking subsection (a) and by redesignating subsection (b) as subsection (a). (9) Subparagraph (D) of section 954(g)(2) of such Code is amended by inserting ``(as in effect before the date of the enactment of the Pain at the Pump Act)'' after ``section 613A''. (10) Subparagraph (C) of section 993(c)(2) of such Code is amended by striking ``section 613 or 613A'' and inserting ``section 613 (determined without regard to subsection (d) thereof)''. (11) Subparagraph (D) of section 1202(e)(3) of such Code is amended by striking ``section 613 or 613A'' and inserting ``section 613 (determined without regard to subsection (d) thereof)''. (12) Paragraph (2) of section 1367(a) of such Code is amended by inserting ``and'' at the end of subparagraph (C), by striking ``, and'' at the end of subparagraph (D) and inserting a period, and by striking subparagraph (E). (13) Subsection (c) of section 1446 of such Code is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2011. SEC. 107. DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES NOT ALLOWED WITH RESPECT TO OIL AND GAS ACTIVITIES. (a) In General.--Subparagraph (B) of section 199(c)(4) of the Internal Revenue Code of 1986 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) the production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof.''. (b) Conforming Amendment.--Subsection (d) of section 199 of such Code is amended by striking paragraph (9) and by redesignating paragraph (10) as paragraph (9). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. SEC. 108. 7-YEAR AMORTIZATION FOR GEOLOGICAL AND GEOPHYSICAL EXPENDITURES. (a) In General.--Subsection (h) of section 167 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``24-month'' in paragraphs (1) and (4) and inserting ``7-year'', and (2) by striking paragraph (5). (b) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after December 31, 2011. TITLE II--INVESTMENT IN CLEAN ENERGY PROGRAMS SEC. 201. INVESTMENT IN CLEAN ENERGY PROGRAMS. It is the sense of Congress that the increase in revenue to the Federal Government resulting from the provisions of, and amendments made by, title I should be used to make additional expenditures in the following areas and programs: (1) Alternative fuel technology programs. (2) Advanced battery development programs. (3) Programs of the Advanced Research Projects Agency-- Energy. (4) Research and development of clean energy technologies. (5) Clean energy loan guarantee programs. (6) Programs of the Office of Energy Efficiency and Renewable Energy of the Department of Energy. (7) Weatherization Assistance Program. (8) State Energy Program. (9) Low Income Home Energy Assistance Program. (10) Distributed generation and turbine research and development.

Summary: Pain at the Pump Act - Amends the Internal Revenue Code to repeal certain tax incentives for oil and gas companies, including: (1) the tax credit for enhanced oil recovery, (2) the tax credit for producing oil and gas from marginal wells, (3) the expensing allowance for intangible drilling and development costs, (4) the tax deduction for tertiary injectant expenses, (5) the exception to passive loss limitations for working interests in oil and gas properties, and (6) percentage depletion for oil and gas wells. Denies a tax deduction for income attributable to the domestic production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof. Extends the required amortization period for geological and geophysical expenditures. Expresses the sense of Congress that increases in revenue resulting from this Act should be used to make additional expenditures for clean energy programs, including for alternative fuel technology, research and development, clean energy loan guarantees, and low-income home energy assistance.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Stand with the Iranian People Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS; STATEMENT OF POLICY. (a) Findings.--Congress finds the following: (1) The Government of Iran has engaged in a brutal crackdown on the Iranian people in the aftermath of the disputed presidential election of June 12, 2009, stifling freedom of speech, press, and assembly and violating fundamental human rights. (2) On June 23, 2009, President Obama denounced the crackdown on the Iranian people, saying ``The United States respects the sovereignty of the Islamic Republic of Iran, and is not at all interfering in Iran's affairs. But we must also bear witness to the courage and dignity of the Iranian people, and to a remarkable opening within Iranian society''. (3) On June 19, 2009, the House of Representatives adopted H. Res. 560 by a vote of 405-1, ``expressing support for all Iranian citizens who struggle for freedom, human rights, civil liberties, and the protection of the rule of law''. (4) Iran's security forces, particularly the Iranian Revolutionary Guard Corps (IRGC) and the Basij volunteer militia, have been largely responsible for the violence and brutality committed against the Iranian people in the recent unrest. (5) Thousands of Iranian protesters have been arrested and detained for taking part in public demonstrations, with many being raped and tortured to extract false confessions to be used against them and others as part of government-run ``show trials''. (6) On June 20, 2009, twenty-six year old Neda Agha Soltan was shot and killed by a member of the Basij militia, symbolizing for Iranians and people all over the world the government's brutal crackdown against peaceful demonstrators. (b) Sense of the Congress.--It is the sense of Congress that the United States-- (1) respects the sovereignty, proud history, and rich culture of the Iranian people; (2) respects the universal values of freedom of speech, freedom of the press, and the freedom to assemble; (3) respects and admires the Iranian people as they take steps to peacefully express their voices, opinions, and aspirations; (4) deplores and condemns the use of coerced confessions and ``show trials'' as tools of political repression in Iran; (5) urges the Government of Iran to intensify its cooperation on the case of Robert Levinson with the Embassy of Switzerland in Tehran and to share the results of its investigation into the disappearance of Robert Levinson with the Federal Bureau of Investigation; and (6) recognizes the importance of diplomacy with Iran in order to advance the national security interests of the United States, but such diplomacy should not be construed as official recognition of the declared results from the June 12, 2009, Iranian presidential election. (c) Statement of Policy.--It should be the policy of the United States to-- (1) work to ensure that sanctions are clearly targeted at the Government of Iran and individuals within the Government of Iran, rather than the Iranian society as a whole, in order to avoid creating hardship and inflicting harm on the Iranian people; (2) encourage United States allies to freeze bank accounts held or controlled by Iranian Government officials who have carried out human rights abuses against the people of Iran; (3) encourage United States allies to deny entrance visas for non-official business to Iranian Government officials who have carried out human rights abuses against the people of Iran; (4) work in the United Nations Security Council to impose multilateral political and financial sanctions against Iranian Governmental officials, including officials of the IRGC and Basij militia, who have carried out human rights abuses against the people of Iran; (5) work within the United Nations to focus international attention on and investigate human rights abuses in Iran, and to secure the release of prisoners of conscience; (6) apply targeted political and financial sanctions against a foreign person or foreign entity that provides illicit support to the IRGC and Basij militia; (7) encourage cooperation between United States and Iranian nongovernmental organizations, particularly with regard to facilitating people-to-people exchanges; and (8) expedite admission to the United States of any national of Iran who is under threat of severe penalty as a result of participating in or reporting on pro-democracy activities inside Iran, and should encourage other governments to accept such Iranian refugees for resettlement, provided applicants have not engaged in or provided support for acts of terrorism and satisfy all criteria for acquiring refugee status. SEC. 3. IMPOSING TRAVEL RESTRICTIONS AGAINST IRAN'S HUMAN RIGHTS ABUSERS. (a) In General.--The Secretary of State shall deny the issuance of a visa and the Secretary of Homeland Security shall deny admission to the United States to any official of the Government of Iran who is credibly alleged to have ordered, acquiesced to, or participated in human rights abuses against the people of Iran (b) Waiver.--The ban described in subparagraph (a) may be waived if the Secretary of State certifies to Congress that such a waiver is in the national interests of the United States. SEC. 4. PROHIBITION ON PROCUREMENT CONTRACTS WITH PERSONS OR ENTITIES THAT PROVIDE CENSORSHIP OR SURVEILLANCE TECHNOLOGY TO THE GOVERNMENT OF IRAN. (a) Prohibition.--Notwithstanding any other provision of law, the head of an executive agency may not enter into or renew a contract for the procurement of goods or services with a person or entity that provides censorship or surveillance technology to the Government of Iran. (b) Waiver Provision.--The Secretary concerned may waive the application of the prohibition under subsection (a) with respect to a person or entity if the Secretary certifies to Congress that such a waiver is in the national interest of the United States. (c) Definitions.--In this section-- (1) the term ``censorship or surveillance technology'' means hardware, software, telecommunications equipment, or any other technology that the President determines is designed to provide a substantial capability-- (A) to restrict the free flow of information; or (B) to disrupt, monitor, or otherwise restrict speech; (2) the term ``executive agency'' has the meaning given that term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403); and (3) the term ``Government of Iran'' means any agency or instrumentality of the Government of Iran, including any entity that is controlled by the Government of Iran. (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), this section shall apply to contracts entered into on or after the date that is 90 days after the date of the enactment of this Act. (2) Exception.--With respect to a renewal of a contract, this section shall apply to a contract renewed on or after the date of the enactment of this Act. SEC. 5. AUTHORIZATION OF UNITED STATES NON-PROFIT ORGANIZATIONS' ACTIVITIES IN IRAN FOR THE PROVISION OF HUMANITARIAN AND PEOPLE-TO-PEOPLE ASSISTANCE. (a) Authorization.--Notwithstanding any other provision of law, the establishment and carrying out of operations in Iran for the direct provision of humanitarian and people-to-people assistance described in subsection (b) by any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 may not be prohibited or otherwise restricted. (b) Assistance Described.--The humanitarian and people-to-people assistance referred to in subsection (a) is assistance to-- (1) promote adequate and reliable nutrition; (2) advance child survival and maternal health; (3) improve access to safe water, sanitation, and shelter; (4) prepare for and respond to natural disasters; (5) improve access to basic health care; (6) prevent and treat drug addiction; (7) strengthen education and literacy; (8) promote equal rights for women and minorities; (9) support human rights and representative governance; (10) foster international and religious understanding and tolerance; and (11) facilitate international people-to-people exchanges. (c) Exception.--Subsection (a) shall not apply with respect to an organization described in subsection (a) if such organization provides services or conducts transactions with any organization or entity that appears on the Department of the Treasury's Specially Designated Nationals List. (d) Notification and Waiver.--The Secretary of the Treasury may require organizations authorized under subsection (a) to notify the Department of the Treasury up to 14 days in advance of commencing operations in Iran. The Secretary of the Treasury may waive the application of subsection (a) if the Secretary determines that it is in the national security interests of the United States to do so. (e) Effective Date.--This section shall apply with respect to the establishment and carrying out of operations described in subsection (a) on or after the date of the enactment of this Act.

Summary: Stand with the Iranian People Act - Directs the Secretary of State to deny issuance of a visa and the Secretary of Homeland Security (DHS) to deny U.S. admission to any government official of Iran who is credibly alleged to have ordered, acquiesced to, or participated in human rights abuses against the people of Iran. Authorizes the Secretary of State to waive such ban if in the U.S. national interest. Prohibits the head of an executive agency from entering into or renewing a contract for the procurement of goods or services with a person or entity that provides censorship or surveillance technology to the government of Iran. Authorizes the Secretary concerned to waive such prohibition if in the U.S. national interest. States that the establishment and carrying out of operations by U.S. nonprofit organizations in Iran for the direct provision of specified humanitarian and people-to-people assistance may not be prohibited or restricted. Authorizes the Secretary of the Treasury to require such an organization to notify the Department of the Treasury up to 14 days in advance of commencing operations in Iran. Excludes from such provision an organization that provides services or conducts transactions with any organization or entity that appears on the Department of the Treasury's Specially Designated Nationals List (a list of organizations and individuals that are restricted from doing business with the United States or U.S companies or individuals).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Patients' Formulary Rights Act of 1999''. SEC. 2. PATIENT PROTECTIONS AGAINST ABUSE OF FORMULARIES FOR PRESCRIPTION DRUGS. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARDS RELATING TO USE OF FORMULARIES AND THERAPEUTIC SUBSTITUTION. ``(a) Requirements on Use of Formularies.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall not use a formulary unless the plan or issuer-- ``(A) notifies participants, beneficiaries, and enrollees, prior to initial enrollment or coverage, and makes available at any time to health care professionals who prescribe prescription drugs under the plan or coverage of the information described in paragraph (2); ``(B) notifies participants, beneficiaries, enrollees, and health care providers who prescribe covered prescription drugs under the plan or coverage on a routine and annual basis of any changes in (including deletions from) the formulary; and ``(C) in the case of a participant, beneficiary, or enrollee who is provided coverage for a prescription drug at the time the drug is removed from the formulary, to permit the participant, beneficiary, or enrollee to continue to have the drug prescribed for treatment of the same condition for which it was previously prescribed. ``(2) Information to be disclosed.--The information described in this paragraph is as follows (with respect to prescription drug coverage under a group health plan or health insurance coverage): ``(A) Extent of therapeutic substitution.--What constitutes the practice or therapeutic substitution that may be effected under the plan or coverage. ``(B) Formulary.--A complete list of all the prescription drugs included in the formulary and any changes in the formulary and how decisions to include drugs in the formulary are made. ``(C) Access to nonformulary drugs.--The fact that a patient can have a prescription filled as written (rather than subject to therapeutic substitution) if the prescribing health care professional uses a `dispense as written' or similar endorsement. ``(D) Payment for nonformulary drugs.--Whether or not the plan or coverage will cover or pay for prescription drugs not included in the formulary and, if it will, the extent of such coverage or payment. ``(E) Cost-sharing.--The copayments and other cost- sharing that is applicable under the plan or coverage for prescription drugs included on the formulary and for those not included on the formulary. ``(F) Limits on payments.--Limitations on the dollar amount the plan or coverage will cover for outpatient prescription drugs, including any such limits on a per year, per lifetime, or per diagnosis basis. ``(3) Formulary defined.--For purposes of this subsection, the term `formulary' includes any method under which a plan or issuer limits the particular drugs (among those that may be legally prescribed for treatment) for which coverage is made available under the plan or health insurance coverage offered by the issuer. ``(b) Notice of Requirement.--A group health plan under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(c) Formulary Defined.--For purposes of this section, the term `formulary' includes any method under which a plan or issuer limits the particular drugs (among those that may be legally prescribed for treatment) for which coverage is made available under the plan or health insurance coverage offered by the issuer.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARDS RELATING TO USE OF FORMULARIES AND THERAPEUTIC SUBSTITUTION. ``(a) Requirements on Use of Formularies.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall not use a formulary unless the plan or issuer-- ``(A) notifies participants, beneficiaries, and enrollees, prior to initial enrollment or coverage, and makes available at any time to health care professionals who prescribe prescription drugs under the plan or coverage of the information described in paragraph (2); ``(B) notifies participants, beneficiaries, enrollees, and health care providers who prescribe covered prescription drugs under the plan or coverage on a routine and annual basis of any changes in (including deletions from) the formulary; and ``(C) in the case of a participant, beneficiary, or enrollee who is provided coverage for a prescription drug at the time the drug is removed from the formulary, to permit the participant, beneficiary, or enrollee to continue to have the drug prescribed for treatment of the same condition for which it was previously prescribed. ``(2) Information.--The information described in this paragraph is as follows (with respect to prescription drug coverage under a group health plan or health insurance coverage): ``(A) Extent of therapeutic substitution.--What constitutes the practice or therapeutic substitution that may be effected under the plan or coverage. ``(B) Formulary.--A complete list of all the prescription drugs included in the formulary and any changes in the formulary and how decisions to include drugs in the formulary are made. ``(C) Access to nonformulary drugs.--The fact that a patient can have a prescription filled as written (rather than subject to therapeutic substitution) if the prescribing health care professional uses a `dispense as written' or similar endorsement. ``(D) Payment for nonformulary drugs.--Whether or not the plan or coverage will cover or pay for prescription drugs not included in the formulary and, if it will, the extent of such coverage or payment. ``(E) Cost-sharing.--The copayments and other cost- sharing that is applicable under the plan or coverage for prescription drugs included on the formulary and for those not included on the formulary. ``(F) Limits on payments.--Limitations on the dollar amount the plan or coverage will cover for outpatient prescription drugs, including such any such limits on a per year, per lifetime, or per diagnosis basis. ``(b) Notice Under Group Health Plan.--The imposition of the requirement of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirement apply. ``(c) Formulary Defined.--For purposes of this section, the term `formulary' includes any method under which a plan or issuer limits the particular drugs (among those that may be legally prescribed for treatment) for which coverage is made available under the plan or health insurance coverage offered by the issuer.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Standards relating to use of formularies and therapeutic substitution.''. (3) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (i) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Standards relating to use of formularies and therapeutic substitution.''; and (ii) by inserting after section 9812 the following: ``SEC. 9813. STANDARDS RELATING TO USE OF FORMULARIES AND THERAPEUTIC SUBSTITUTION. ``(a) Requirements on Use of Formularies.-- ``(1) In general.--A group health plan shall not use a formulary unless the plan or issuer-- ``(A) notifies participants and beneficiaries, prior to initial enrollment or coverage, and makes available at any time to health care professionals who prescribe prescription drugs under the plan of the information described in paragraph (2); ``(B) notifies participants, beneficiaries, and health care providers who prescribe covered prescription drugs under the plan on a routine and annual basis of any changes in (including deletions from) the formulary; and ``(C) in the case of a participant or beneficiary who is provided coverage for a prescription drug at the time the drug is removed from the formulary, to permit the participant or beneficiary to continue to have the drug prescribed for treatment of the same condition for which it was previously prescribed. ``(2) Information.--The information described in this paragraph is as follows (with respect to prescription drug coverage under a group health plan): ``(A) Extent of therapeutic substitution.--What constitutes the practice or therapeutic substitution that may be effected under the plan. ``(B) Formulary.--A complete list of all the prescription drugs included in the formulary and any changes in the formulary and how decisions to include drugs in the formulary are made. ``(C) Access to nonformulary drugs.--The fact that a patient can have a prescription filled as written (rather than subject to therapeutic substitution) if the prescribing health care professional uses a `dispense as written' or similar endorsement. ``(D) Payment for nonformulary drugs.--Whether or not the plan will cover or pay for prescription drugs not included in the formulary and, if it will, the extent of such coverage or payment. ``(E) Cost-sharing.--The copayments and other cost- sharing that is applicable under the plan for prescription drugs included on the formulary and for those not included on the formulary. ``(F) Limits on payments.--Limitations on the dollar amount the plan will cover for outpatient prescription drugs, including such any such limits on a per year, per lifetime, or per diagnosis basis. ``(b) Formulary Defined.--For purposes of this section, the term `formulary' includes any method under which a plan or issuer limits the particular drugs (among those that may be legally prescribed for treatment) for which coverage is made available under the plan.'' (B) Conforming amendment.--Section 4980D(d)(1) of such Code is amended by striking ``section 9811'' and inserting ``sections 9811 and 9813''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. STANDARD RELATING PATIENT FREEDOM OF CHOICE. ``(a) In General.--The provisions of section 2707(a) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) Medicare+Choice Plans.--Section 1852 of the Social Security Act (42 U.S.C. 1395w-22) is amended by adding at the end the following new subsection: ``(l) Formulary Requirements.-- ``(1) In general.--A Medicare+Choice organization shall comply with the requirements of section 2707 of the Public Health Service Act with respect to a Medicare+Choice plan it offers in the same manner as such requirements apply to health insurance coverage offered in connection with a group health plan. ``(2) Construction.--Nothing in paragraph (1) shall be construed as superseding other requirements of this part, except to the extent the Secretary specifically finds that such other requirements are less stringent, and do not duplicate, the requirements referred to in such paragraph.''. (d) Effective Dates.-- (1) Group health plans and group health insurance coverage.--Subject to paragraph (4), the amendments made by subsection (a) apply with respect to group health plans for plan years beginning on or after January 1, 2001. (2) Individual health insurance coverage.--The amendments made by subsection (b) apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) Medicare+choice plans.--The amendments made by subsection (b) apply with respect to Medicare+Choice plans offered on or after such date. (4) Collective bargaining exception.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) January 1, 2001. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (e) Coordination of Administration.--The Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this Act (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement.

Summary: Includes within required formulary information: (1) the extent of therapeutic substitution; (2) a complete list of all drugs included in the formulary; (3) information on access to nonformulary drugs; (4) whether or not, and to what extent, coverage will exist for nonformulary drugs; (5) copayments or other cost-sharing for formulary drugs; and (6) limits on coverage payments for outpatient formulary and nonformulary drugs. Amends title XVIII (Medicare) of the Social Security Act to require its authorized health insurance issuers and any Medicare+Choice organization to comply with such notification requirements in the same manner that such requirements apply to health insurance coverage or issuers in connection with a group plan. Requires the coordination of notification and formulary requirements through an interagency memorandum of understanding among the Secretaries of Labor, the Treasury, and Health and Human Services.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Revolutionary War Historic Preservation Study Act of 1994''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) the term ``Commission'' means the Revolutionary War Sites Advisory Commission established in section 4; (2) the term ``Secretary'' means the Secretary of the Interior; and (3) the term ``Revolutionary War sites'' means those sites and structures situated in the United States which are thematically tied with the nationally significant events that occurred during the Revolutionary War. SEC. 3. FINDINGS. The Congress finds that-- (1) Revolutionary War sites provide a means for Americans to understand and interpret that period in American history; (2) the historical integrity of many of these sites are at risk because they are located in regions which are undergoing rapid urban and suburban development; and (3) it is important to obtain current information on the significance of such sites, threats to their integrity, and alternatives for their preservation and interpretation for the benefit of the Nation. SEC. 4. ESTABLISHMENT OF REVOLUTIONARY WAR SITES ADVISORY COMMISSION. (a) In General.--There is hereby established the Revolutionary War Sites Advisory Commission. The Commission shall consist of 13 members appointed as follows: (1) Three individuals who are nationally recognized as experts and authorities on the history of the Revolutionary War, and 2 individuals who are nationally recognized as experts and authorities in historic preservation and land use planning, appointed by the Secretary. (2) The Director of the National Park Service or his or her designee. (3) The chair of the Advisory Council on Historic Preservation, or his or her designee. (4) Three individuals appointed by the Speaker of the United States House of Representatives in consultation with the chairman and ranking minority member of the Committee on Natural Resources. (5) Three individuals appointed by the President Pro Tempore of the United States Senate in consultation with the chairman and ranking minority member of the Committee on Energy and Natural Resources. (b) Chair.--The Commission shall elect a chair from among its members. (c) Vacancies.--Vacancies occurring on the Commission shall not affect the authority of the remaining members of the Commission to carry out the functions of the Commission. Any vacancy in the Commission shall be promptly filled in the same manner in which the original appointment was made. (d) Quorum.--A simple majority of Commission members shall constitute a quorum. (e) Meetings.--The Commission shall meet at least quarterly or upon the call of the chair or a majority of the members of the Commission. (f) Compensation.--Members of the Commission shall serve without compensation. Members of the Commission, when engaged in official Commission business, shall be entitled to travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in government service under section 5703 of title 5, United States Code. (g) Termination.--The Commission established by this section shall terminate 90 days after the transmittal of the report to Congress as provided in section 7(c). SEC. 5. STAFF OF THE COMMISSION. (a) Executive Director.--The Director of the National Park Service, or his or her designee, shall serve as the Executive Director of the Commission. (b) Staff.--The Director of the National Park Service shall, on a reimbursable basis, detail such staff as the Commission may require to carry out its duties. (c) Staff of Other Agencies.--Upon the request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. (d) Experts and Consultants.--Subject to such rules as may be adopted by the Commission, the Commission may procure temporary and intermittent services to the same extent as authorized by section 3109(b) of title 5, United States Code, but at rates determined by the Commission to be reasonable. SEC. 6. POWERS OF THE COMMISSION. (a) In General.--The Commission may for the purpose of carrying out this Act hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may deem advisable. (b) Bylaws.--The Commission may make such bylaws, rules, and regulations, consistent with this Act, as it considers necessary to carry out its functions under this Act. (c) Delegation.--When so authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section. (d) Mails.--The Commission may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States. SEC. 7. DUTIES OF THE COMMISSION. (a) Preparation of Study.--The Commission shall prepare a study of Revolutionary War sites. Such study shall identify the sites, determine the relative significance of such sites, assess short- and long-term threats to their integrity, and provide alternatives for the preservation and interpretation of such sites by Federal, State, and local governments, or other public or private entities, as may be appropriate. The Commission shall research and propose innovative open space and land preservation techniques. Such alternatives may include (but shall not be limited to) designation as units of the National Park System or as affiliated areas. The study may include existing units of the National Park System. (b) Consultation.--During the preparation of the study referred to in subsection (a), the Commission shall consult with the Governors of affected States, affected units of local government, State and local historic preservation organizations, scholarly organizations, and such other interested parties as the Commission deems advisable. (c) Transmittal to the Secretary and Congress.--Not later than 2 years after the date that funds are made available for the study referred to in subsection (a), the Commission shall transmit such study to the Secretary and the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. (d) Report.--Whenever the Commission submits a report of the study to the Secretary or the Office of Management and Budget, it shall concurrently transmit copies of that report to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act.

Summary: Revolutionary War Historic Preservation Study Act of 1994 - Establishes the Revolutionary War Sites Advisory Commission to: (1) prepare a study of Revolutionary War sites which shall identify their significance, determine threats to their integrity, and provide alternatives for their preservation and interpretation; and (2) report to the Secretary of the Interior and specified congressional committees. Requires the Commission to research and propose innovative open space and land preservation techniques such as designation as units of the National Park System (NPS) or as affiliated areas. Allows the study to include existing NPS units. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Lymphedema Diagnosis and Treatment Cost-Saving Act of 2011''. SEC. 2. COVERAGE OF LYMPHEDEMA DIAGNOSIS AND TREATMENT SERVICES UNDER MEDICARE. (a) Coverage of Services.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) in subparagraph (EE), by striking ``and'' at the end; (B) in subparagraph (FF), by adding ``and'' at the end; and (C) by adding at the end the following new subparagraph: ``(GG)(i) lymphedema diagnosis services (as defined in subsection (iii)(1)) and lymphedema treatment services (as described in subsection (iii)(2)); and ``(ii) lymphedema compression treatment items (as defined in subsection (jjj)).''; and (2) by adding at the end the following new subsections: ``(iii) Lymphedema Diagnosis and Treatment Services.--(1) Lymphedema Diagnosis Services.--The term `lymphedema diagnosis services' means, with respect to an individual, the differential diagnosis of the source of the individual's edema and the identification of the specific etiology and functional lymphatic deficiency, in which such diagnosis-- ``(A) is provided by a provider, as defined in paragraph (3), for the purpose of developing a lymphedema treatment plan; and ``(B) may utilize any diagnostic tools the provider determines to be reasonable and necessary. ``(2) Lymphedema Treatment Services.--The term `lymphedema treatment services' means, with respect to an individual, services for the treatment of lymphedema (regardless of cause)-- ``(A) that are-- ``(i) provided in an inpatient or outpatient setting; ``(ii) provided by a provider, as defined in paragraph (3), within the established scope of practice of such provider; and ``(iii) medically necessary, in accordance with the current standard of lymphedema treatment, including complete decongestive therapy, which is a multi-modal therapy comprising of manual lymph drainage, compression therapy utilizing multilayer bandage systems, compression garments and devices, exercise, skin care, patient education, and any other lymphedema treatment modalities determined by the Secretary to be safe and effective; and ``(B) which shall-- ``(i) include as medically necessary with respect to the individual-- ``(I) an initial evaluation and course of clinical treatment, including initial baseline measurements and subsequent measurements to assess treatment efficacy and progress; ``(II) follow-up courses of clinical treatment; ``(III) in the case that such individual has cancer, clinical measurements, including initial pre-operative baseline measurements and periodic subsequent measurements to diagnose the presence of lymphedema; and ``(IV) any other treatment modality approved by the Secretary; and ``(ii) be provided in accordance with such schedule, duration, and number of treatments as determined medically necessary. ``(3) Provider Defined.--For purposes of this subsection and subsection (jjj), the term `provider' means any licensed medical or health care provider whose State licensing board recognizes lymphedema diagnosis, lymphedema treatment, or both to fall within the scope of practice of such medical or health care provider. ``(jjj) Lymphedema Compression Treatment Items.--The term `lymphedema compression treatment items' means, with respect to an individual, compression garments, devices, bandaging systems, components, and supplies that are primarily and customarily used in the medical treatment of lymphedema of the arms, hands, legs, feet, torso, face and neck, breast and chest, abdomen, and genitalia, as prescribed by a provider, as defined in subsection (iii)(3). Such term includes-- ``(1) multilayer compression bandaging systems, including short-stretch and medium-stretch compression bandages; cotton, synthetic, or foam padding; gauze or elastic finger and toe bandages; foam pads; directional flow padding; and tubular bandages; ``(2) custom or standard fit gradient compression garments; ``(3) non-elastic and low-elastic compression garments, manually adjustable or fitted padded directional flow garments (with or without elastic or non-elastic compression jackets) and compression wraps and directional flow pads; ``(4) aids and ancillary equipment consisting of donning aids, bandage rollers, shoes to fit over compression items, and other specialized items used with the items described in paragraphs (1) through (3); ``(5) pneumatic appliances connected to and used in conjunction with pneumatic sequential compression controllers; ``(6) any other compression garments, bandaging systems, devices, and aids determined by the Secretary to be effective in the prevention or treatment of lymphedema; and ``(7) replacements of any items under this subsection in accordance with section 1834(p)(3).''. (b) Payment.-- (1) Lymphedema compression treatment items.-- (A) In general.--Section 1833(a) of such Act (42 U.S.C. 1395l(a)) is amended-- (i) in paragraph (8), by striking at the end ``and''; (ii) in paragraph (9), by striking at the end the period and inserting a semi-colon; and (iii) by adding at the end the following new paragraph: ``(10) in the case of lymphedema compression treatment items described in section 1861(jjj), the amount determined under section 1834(p); and''. (B) Payment determined.--Section 1834 of such Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(p) Payment for Lymphedema Compression Treatment Items.-- ``(1) General rule for payment.-- ``(A) In general.--With respect to a lymphedema compression treatment item as defined in section 1861(jjj)) for which payment is determined under this subsection, subject to subparagraph (D), payment shall be made in an amount equal to 80 percent of the payment basis described in subparagraph (B). ``(B) Payment basis.--The payment basis described in this subparagraph, with respect to a lymphedema compression treatment item described in section 1861(jjj), is the actual charge for the item. ``(C) Exclusive payment rule for home health agencies.--Notwithstanding any other provision of this title, this subsection shall constitute the exclusive provision of this title for payment for lymphedema compression treatment items described in section 1861(jjj) under this part or under part A to a home health agency or for such items that are furnished as an incident to a physician's professional service. ``(2) Allowable quantities.--In the case it is determined by a provider, as defined in section 1861(iii)(3), that lymphedema compression treatment items are required as part of lymphedema treatment services under section 1861(iii)(2), then payment may be made under this title in accordance with this subsection for such items in the quantity which is customary, reasonable, and medically necessary. ``(3) Replacement of lymphedema compression treatment items.-- ``(A) In general.--Payment shall be made under this subsection, with respect to an individual, for the replacement of a lymphedema compression treatment item if the period of the reasonable and useful lifetime of the item (as described in subparagraph (B)) has expired or a provider, as defined in section 1861(iii)(3), determines that a replacement, or repair, of such item, is medically necessary. ``(B) Reasonable and useful lifetime.--For purposes of subparagraph (A), the period of the reasonable and useful lifetime of a lymphedema compression treatment item is as follows: ``(i) In the case of any item described in section 1861(jjj)(1), 1 year. ``(ii) In the case of any item described in section 1861(jjj)(2), 6 months. ``(iii) In the case of any item described in section 1861(jjj)(3), 2 years. ``(iv) In the case of any item described in section 1861(jjj)(4), 1 year. ``(v) In the case of any item described in section 1861(jjj)(5), 5 years. ``(vi) In the case of any item described in section 1861(jjj)(6), such period as determined by the Secretary, in consultation with appropriate health organizations, at the time the Secretary determines such item to be effective in the prevention or treatment of lymphedema.''. (C) Application of supplier requirements.--Section 1834(j)(5) of such Act (42 U.S.C. 1395m(j)(5)) is amended-- (i) in subparagraph (E), by striking at the end ``and''; (ii) in subparagraph (F), by striking at the end the period and inserting ``; and''; and (iii) by adding at the end the following new subparagraph: ``(G) lymphedema compression treatment items (as defined in section 1861(jjj)).''. (2) Lymphedema diagnosis and treatment services.-- (A) In general.--Section 1833(a) of such Act, as amended by paragraph (1)(A), is further amended by adding at the end the following new paragraph: ``(11)(A) in the case of lymphedema diagnosis services (as defined in section 1861(iii)(1)) furnished by a provider (as defined in section 1861(iii)(3)) the amount described in section 1834(q); and ``(B) in the case of lymphedema treatment services (as defined in section 1861(iii)(2)) furnished by a provider (as defined in section 1861(iii)(3)) the amount described in section 1834(k).''. (B) Payment method.--Section 1834 of such Act, as amended by paragraph (1)(B), is further amended by adding at the end the following new subsection: ``(q) Payment for Outpatient Lymphedema Diagnosis and Treatment Services by Physicians and Non-Physician Practitioners.-- ``(1) In general.--For purposes of section 1833(a)(11), the amount described in this subsection, with respect to a lymphedema diagnosis service or lymphedema treatment service, is 80 percent of the lesser of-- ``(A) the actual charge for the service; or ``(B) the applicable fee schedule amount (as defined in paragraph (2)) for the service. ``(2) Applicable fee schedule amount.--In this subsection, the term `applicable fee schedule amount' means, with respect to services furnished in a year, the amount determined under the fee schedule established under section 1848 for such services furnished during the year.''. (C) Conforming amendment for payments under 1834(k).--Section 1834(k)(1) of such Act (42 U.S.C. 1395m(k)(1)) is amended by striking ``or 1833(a)(9)'' and inserting ``1833(a)(9), or 1833(a)(11)''. (c) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after the date that is 180 days from the date of the enactment of this Act.

Summary: Lymphedema Diagnosis and Treatment Cost Savings Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act to extend coverage to lymphedema diagnosis and treatment services. including lymphedema compression treatment items.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster-Affected Homeowners Notification Act of 2013''. SEC. 2. REQUIREMENT TO NOTIFY AFFECTED HOMEOWNERS OF MORTGAGE RELIEF. (a) Requirement.--If, in connection with any major disaster declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), the Secretary of Housing and Urban Development, the Director of the Federal Housing Finance Agency, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation makes available forbearance relief with respect to any covered mortgage, or any such agency head or enterprise issues any notice or guidelines to mortgagees or servicers recommending or requiring such relief, the applicable agency head shall-- (1) provide, to each mortgagor under a covered mortgage, direct notification in accordance with subsection (b) of such relief made available, required, or recommended; and (2) provide, for areas subject to such disaster declaration, community-wide notification in accordance with the guidelines issued under subsection (c) of such relief made available, required, or recommended. (b) Direct Notification.--Direct notification in accordance with this subsection is notification to the mortgagor under a covered mortgage-- (1)(A) made by a telephone call to the mortgagor or by mail to the residence subject to the mortgage; and (B) by such other method of direct contact as may be provided in the guidelines issued pursuant to subsection (e); and (2) that clearly informs the mortgagor-- (A) that the mortgage is a covered mortgage; (B) of the forbearance relief made available, required, or recommended; (C) of any moratorium on foreclosure with respect to covered mortgages; and (D) of how to obtain more information regarding such relief. (c) Community-Wide Notification and Awareness Measures.--The applicable agency heads shall, pursuant to subsection (e), issue guidelines regarding measures designed to provide notice and awareness of any forbearance relief made available, required, or recommended in connection with a major disaster throughout the areas subject to such disaster declaration. Such guidelines may include requirements regarding the types of notification measures, such as town hall meetings, public service announcements, public advertisements and the types of media used to convey such advertisements, and flyers and other community notices. (d) Definitions.--For purposes of this section, the following definitions shall apply: (1) Applicable agency head.--The term ``applicable agency head'' means-- (A) the Secretary, with respect to a covered mortgage described in paragraph (2)(B)(i); and (B) the Director, with respect to a covered mortgage described in paragraph (2)(B)(ii). (2) Covered mortgage.--The term ``covered mortgage'' means, with respect to any major disaster declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), a mortgage-- (A) that is secured by a one- to four-family dwelling that-- (i) is the principal residence of the mortgagor; and (ii) is located within an area for which such major disaster was declared; and (B) that is-- (i) insured under title II of the National Housing Act (12 U.S.C. 1707 et seq.); or (ii) owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. Any delinquency or default under a mortgage shall not affect the status of such mortgage as a covered mortgage. (3) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (4) Forbearance relief.--The term ``forbearance relief'' means, with respect to a mortgage, any suspension or reduction of payments due under the mortgage, in any form and to any extent. (5) Mortgagee.--The term ``mortgagee'' means, with respect to a covered mortgage, the original lender under the mortgage and any affiliates, agents, subsidiaries, successors, or assignees of such lender, any subsequent purchaser, trustee, or transferee of the mortgage or credit instrument issued by such lender. (6) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (e) Guidelines.--Not later than the expiration of the 30-day period beginning on the date of the enactment of this Act, the Secretary and the Director shall jointly issue guidelines to carry out this section. (f) Applicability.--This Act shall apply with respect to any major disaster declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act in connection with Hurricane Sandy and any major disaster declared thereafter.

Summary: Disaster-Affected Homeowners Notification Act of 2013 - Requires certain notifications if, in connection with any major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the Secretary of Housing and Urban Development (HUD), the Director of the Federal Housing Agency, the Federal National Mortgage Association (Fannie Mae), or the Federal Home Loan Mortgage Corporation (Freddie Mac) makes available forbearance relief with respect to any covered mortgage, or any such agency head or enterprise issues any notice or guidelines to mortgagees or servicers recommending or requiring such relief. Directs the applicable agency head to provide: (1) to each mortgagor under a covered mortgage direct notification of the forbearance relief made available, required, or recommended; and (2) for areas subject to such disaster declaration, community-wide notification of such relief. Directs the applicable agency heads to issue guidelines regarding measures designed to provide notice and awareness of forbearance relief.


SECTION 1. SHORT TITLE. This Act may be cited as the ``HUD Programs Information Verification Act''. SEC. 2. HUD DATA MATCH WITH NATIONAL DIRECTORY OF NEW HIRES. (a) Information Comparisons for Public and Assisted Housing Programs.--Section 453(j) of the Social Security Act (42 U.S.C. 653(j)) is amended by adding at the end the following new paragraph: ``(7) Information comparisons for housing assistance programs.-- ``(A) Furnishing of information by hud.--Subject to subparagraph (G), the Secretary of Housing and Urban Development shall furnish to the Secretary, on such periodic basis as determined by the Secretary of Housing and Urban Development in consultation with the Secretary, information in the custody of the Secretary of Housing and Urban Development for comparison with information in the National Directory of New Hires, in order to obtain information in such Directory with respect to individuals who are participating in any program under-- ``(i) the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.); ``(ii) section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); ``(iii) section 221(d)(3), 221(d)(5), or 236 of the National Housing Act (12 U.S.C. 1715l(d) and 1715z-1); ``(iv) section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); or ``(v) section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s). ``(B) Requirement to seek minimum information.--The Secretary of Housing and Urban Development shall seek information pursuant to this section only to the extent necessary to verify the employment and income of individuals described in subparagraph (A). ``(C) Duties of the secretary.-- ``(i) Information disclosure.--The Secretary, in cooperation with the Secretary of Housing and Urban Development, shall compare information in the National Directory of New Hires with information provided by the Secretary of Housing and Urban Development with respect to individuals described in subparagraph (A), and shall disclose information in such Directory regarding such individuals to the Secretary of Housing and Urban Development, in accordance with this paragraph, for the purposes specified in this paragraph. ``(ii) Condition on disclosure.--The Secretary shall make disclosures in accordance with clause (i) only to the extent that the Secretary determines that such disclosures do not interfere with the effective operation of the program under this part. ``(D) Use of information by hud.--The Secretary of Housing and Urban Development may use information resulting from a data match pursuant to this paragraph only-- ``(i) for the purpose of verifying the employment and income of individuals described in subparagraph (A); and ``(ii) after removal of personal identifiers, to conduct analyses of the employment and income reporting of individuals described in subparagraph (A). ``(E) Disclosure of information by hud.-- ``(i) Purpose of disclosure.--The Secretary of Housing and Urban Development may make a disclosure under this subparagraph only for the purpose of verifying the employment and income of individuals described in subparagraph (A). ``(ii) Disclosures permitted.--Subject to clause (iii), the Secretary of Housing and Urban Development may disclose information resulting from a data match pursuant to this paragraph only to a public housing agency, the Inspector General of the Department of Housing and Urban Development, and the Attorney General in connection with the administration of a program described in subparagraph (A). Information obtained by the Secretary of Housing and Urban Development pursuant to this paragraph shall not be made available under section 552 of title 5, United States Code. ``(iii) Conditions on disclosure.-- Disclosures under this paragraph shall be-- ``(I) made in accordance with data security and control policies established by the Secretary of Housing and Urban Development and approved by the Secretary; ``(II) subject to audit in a manner satisfactory to the Secretary; and ``(III) subject to the sanctions under subsection (l)(2). ``(iv) Additional disclosures.-- ``(I) Determination by secretaries.--The Secretary of Housing and Urban Development and the Secretary shall determine whether to permit disclosure of information under this paragraph to persons or entities described in subclause (II), based on an evaluation made by the Secretary of Housing and Urban Development (in consultation with and approved by the Secretary), of the costs and benefits of disclosures made under clause (ii) and the adequacy of measures used to safeguard the security and confidentiality of information so disclosed. ``(II) Permitted persons or entities.--If the Secretary of Housing and Urban Development and the Secretary determine pursuant to subclause (I) that disclosures to additional persons or entities shall be permitted, information under this paragraph may be disclosed by the Secretary of Housing and Urban Development to a private owner, a management agent, and a contract administrator in connection with the administration of a program described in subparagraph (A), subject to the conditions in clause (iii) and such additional conditions as agreed to by the Secretaries. ``(v) Restrictions on redisclosure.--A person or entity to which information is disclosed under this subparagraph may use or disclose such information only as needed for verifying the employment and income of individuals described in subparagraph (A), subject to the conditions in clause (iii) and such additional conditions as agreed to by the Secretaries. ``(F) Reimbursement of hhs costs.--The Secretary of Housing and Urban Development shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this paragraph. ``(G) Consent.--The Secretary of Housing and Urban Development shall not seek, use, or disclose information under this paragraph relating to an individual without the prior written consent of such individual (or of a person legally authorized to consent on behalf of such individual).''. (b) Consent to Information Comparison and Use as Condition of Hud Program Eligibility.--As a condition of participating in any program authorized under-- (1) the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.); (2) section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); (3) section 221(d)(3), 221(d)(5), or 236 of the National Housing Act (12 U.S.C. 1715l(d) and 1715z-1); (4) section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); or (5) section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s), the Secretary of Housing and Urban Development may require consent by an individual (or by a person legally authorized to consent on behalf of such individual) for such Secretary to obtain, use, and disclose information with respect to such individual in accordance with section 453(j)(7) of the Social Security Act (42 U.S.C. 653(j)(7)).

Summary: HUD Programs Information Verification Act - Amends part D (Child Support and Establishment of Paternity) of title IV (Grants to States for Aid and Services to Needy Families with Children and for Child-Welfare Services) of the Social Security Act to provide for public and assisted housing-related employment and income data comparisons between the Department of Housing and Urban Development and the Department of Health and Human Services' National Directory of New Hires.Sets forth data disclosure and use limitations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Help Extend Auditory Relief (HEAR) Act of 2013''. SEC. 2. MEDICARE COVERAGE OF HEARING REHABILITATION. (a) Coverage of Aural Rehabilitation Services.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (EE), by striking ``and'' at the end; (2) in subparagraph (FF) by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(GG) aural rehabilitation services (as described in subsection (iii)(1)(A));''. (b) Coverage of Hearing Aids as Durable Medical Equipment.--Section 1861(s)(8) of the Social Security Act (42 U.S.C. 1395x(s)(8)) is amended by inserting ``and hearing aids (as defined in subsection (iii)(3))'' before the period. (c) Hearing Rehabilitation and Hearing Aid Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Hearing Rehabilitation ``(iii)(1) The term `hearing rehabilitation' means-- ``(A) aural rehabilitation services (described in paragraph (2)) which meet such requirements as the Secretary prescribes and which are furnished by a physician or qualified audiologist, who is legally authorized to furnish such services under the State law (or the State regulatory mechanism provided by State law) of the State in which the services are furnished; and ``(B) hearing aids (as defined in paragraph (3)). ``(2) The services described in this subparagraph include-- ``(A) aural rehabilitation services; ``(B) in the case of an individual who has a hearing loss (as defined by the Secretary), a comprehensive audiologic assessment to determine if a hearing aid is appropriate and to determine the need for other diagnostic medical or audiologic testing; and ``(C) a threshold test to determine audio acuity. ``(3)(A) The term `hearing aid' means a hearing aid described in subparagraph (B), including the services described in subparagraph (C) furnished by a physician or qualified audiologist, who is legally authorized to supply such hearing aid under the State law (or State regulatory mechanism provided by State law) of the State in which the hearing aid is supplied, to an individual described in subparagraph (D). ``(B) A hearing aid described in this subparagraph is any wearable instrument or device for, offered for the purpose of, or represented as aiding individuals with, or compensating for, hearing loss that meets requirements of the Food and Drug Administration for marketing. ``(C) The services described in this subparagraph include-- ``(i) audiology services (as defined in subsection (ll)(2)); ``(ii) a hearing aid assessment to determine the appropriate hearing aid for the individual; ``(iii) procurement of an appropriate hearing aid; ``(iv) initial fitting and adjustment of the hearing aid; ``(v) appropriate instruction on the use of the hearing aid; ``(vi) periodic refittings and adjustments; and ``(vii) rehabilitation, including counseling on hearing loss, speech reading, and auditory training. ``(D) The individuals described in this subparagraph-- ``(i) have been determined (as a result of a comprehensive audiologic assessment) to have a hearing loss which can be appropriately treated with a hearing aid; ``(ii) have not been supplied with one monaural hearing aid or two binaural hearing aids during the preceding 3 years; and ``(iii) have had a comprehensive audiologic assessment which indicates that the hearing of such individual has deteriorated since such individual was last supplied with a hearing aid such that a hearing aid of a different type is appropriate for such individual.''. (d) Inclusion of Audiology Rehabilitation Services.--Section 1861(ll)(2) of the Social Security Act (42 U.S.C. 1395x(ll)(2)) is amended by inserting ``and rehabilitation'' after ``balance assessment''. (e) Exception to Exclusions From Coverage.--Section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (O), by striking ``and'' at the end; (B) in subparagraph (P); by striking the semicolon at the end and inserting ``, and''; and (C) by adding at the end the following new subparagraph: ``(Q) in the case of hearing rehabilitation, which is furnished or supplied more frequently than is provided under section 1861(iii)(3)(D)(ii).''; and (2) in paragraph (7) by striking ``hearing aids or examinations therefor''. (f) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply to items and services furnished on or after January 1 of such year, not later than the third year beginning after such date of enactment, as the Secretary of Health and Human Services shall specify.

Summary: Help Extend Auditory Relief (HEAR) Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to cover aural rehabilitation services, hearing aids as durable medical equipment (DME), audiology rehabilitation services, and related hearing services.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Forest Service Financial Accountability Restoration Act of 1999''. SEC. 2. USE OF INCENTIVES TO RESTORE FOREST SERVICE FINANCIAL ACCOUNTABILITY. (a) Findings.--The Congress finds the following: (1) Section 3521(e) of title 31, United States Code, requires the Inspector General of the Department of Agriculture to audit the annual financial statements required to be prepared by the Forest Service. As a result of the inability of the Forest Service to produce reliable financial statements, the agency has received four successive adverse opinions or disclaimers from the Inspector General. (2) In January 1999, the Comptroller General submitted a report to Congress that identified the Forest Service as an agency at ``high risk'' of waste, fraud, abuse, and mismanagement due to the persistent and severe weaknesses in the Forest Service's accounting and financial reporting systems. (3) The Comptroller General has stated that the Forest Service will maintain its high risk status until the agency, at a minimum-- (A) receives two consecutive unqualified audit opinions from the Inspector General; and (B) corrects the material internal control weaknesses, identified in the Inspector General's audit reports of the financial statements of the Forest Service, which adversely affect the ability of the Forest Service to maintain accountability over its assets on an ongoing basis. (4) Despite initial efforts on the part of the Forest Service to correct deficiencies in its financial management systems, the Comptroller General and the Inspector General of the Department of Agriculture have indicated that the Forest Service may still be years away from producing reliable financial statements or changing its high risk status. (5) Performance incentives are necessary to ultimately restore financial accountability to the Forest Service, and such incentives must be structured so as to preserve the ability of the Forest Service to perform its core missions, particularly a sustained reduction of the natural resources restoration and maintenance backlog within the National Forest System, while safeguarding further investments of taxpayer dollars from waste, fraud, abuse, and mismanagement. (b) Conditional Limitations on Forest Service Appropriations.-- Subject to subsections (c) and (d), for fiscal years beginning after the date of the enactment of this Act, the total amount appropriated for the Forest Service to carry out discretionary programs and activities for a fiscal year shall not exceed the sum of the amounts appropriated under the heading ``Forest Service'' in title II of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105- 277; 112 Stat. 2681-268). (c) Removal of Condition.--The limitations on the level of Forest Service appropriations or obligations specified in subsection (b) shall terminate on the earlier of the following: (1) The date on which the Forest Service is no longer an agency at high risk of waste, fraud, abuse, and mismanagement due to weaknesses in its accounting and financial reporting systems, as determined under subsection (d). (2) The end of the fifth fiscal year subject to the limitations. (d) Criteria for Removal of High Risk Status.--The Forest Service shall no longer be an agency at high risk under subsection (c)(1) if the Comptroller General certifies in writing to Congress that Forest Service financial management is no longer at high risk. The Comptroller General may make that certification only if-- (1) the Forest Service receives two consecutive unqualified audit opinions from the Inspector General of the Department of Agriculture under section 3521(e) of title 31, United States Code; and (2) the Forest Service corrects the material weaknesses identified in the audit reports of the Inspector General regarding the Forest Service's fiscal year 1995 financial statements and all subsequent audit reports of the Inspector General regarding the Forest Service's financial statements published before the date of the enactment of this Act. (e) Backlog Reduction Outputs.--During each fiscal year identified in subsection (c)(2), the Forest Service shall maintain or increase outputs, relative to the levels achieved during fiscal year 1999, from programs that directly reduce the natural resources restoration and maintenance backlog within the National Forest System. Such outputs shall include the following: (1) Acres of forested land treated for reduction of wildfire risk. (2) Acres of forested land treated for reduction of mortality risk from insect and disease infestation. (3) Miles of roads and trails reconstructed or maintained. (4) Number of recreational facilities reconstructed or maintained. (5) Acres of terrestrial habitat restored or enhanced. (6) Miles of riparian areas restored or enhanced. (7) Other priority outputs identified by the Secretary.

Summary: Forest Service Financial Accountability Restoration Act of 1999 - Places specified limits on Forest Service appropriations until the earlier of the following: (1) the Service is no longer an agency at high risk of waste, fraud, and mismanagement due to accounting and financial reporting weaknesses; or (2) the end of the fifth fiscal year subject to such limitations. Enumerates the criteria under which the Comptroller General shall certify to Congress that the Service is no longer at high risk Sets forth Service backlog reduction requirements.