SECTION 1. SHORT TITLE. This Act may be cited as the ``Reclamation Rural and Small Community Water Enhancement Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Federal reclamation laws.--The term ``Federal reclamation laws'' means the Reclamation Act and Acts amendatory thereof and supplementary thereto; (2) Regional rural water supply system.--The term ``regional rural water supply system'' means a water supply system that serves multiple towns or communities in a rural area (including Indian reservations) where such towns or communities have a population not exceeding 40,000 persons. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. GENERAL AUTHORITY. (a) In General.--The Secretary, acting pursuant to the Federal reclamation laws, is directed to undertake a program to investigate and identify opportunities to ensure safe and adequate regional rural water supply systems for municipal and industrial use in small communities and rural areas through the construction of new regional rural water supply systems and the enhancement of existing rural water supply systems. (b) Exception.-- (1) In conducting the investigations and studies authorized by this Act, the Secretary may include a town or community with a population in excess of 40,000 persons if, in the Secretary's discretion, such town or community is considered to be a critical partner in the proposed regional rural water supply system. (2) In conducting a feasibility study of a regional rural water supply system that includes a community with a population in excess of 40,000 persons, the Secretary may consider a non- federal cost share in excess of the percentage set forth in sections 6(a) and 6(b)(5). (c) Limitation.--Such program shall be limited to the States and areas referred to in section 1 of the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat. 388), as amended, and Indian reservation lands within the external boundaries of such States and areas. (d) Agreements.--The Secretary is authorized to enter into such agreements and promulgate such regulations as may be necessary to carry out the purposes and provisions of this Act. SEC. 4. COORDINATION AND PLANNING. (a) Coordination.-- (1) Consultation.--In undertaking this program, the Secretary shall consult and coordinate with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and the Director of the Indian Health Service, in order to develop criteria to ensure that the program does not duplicate, but instead complements, activities undertaken pursuant to the authorities administered by such agency heads. (2) Report on authorities.--Within one year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives, a report setting forth the results of the consultation required in paragraph (1) and criteria developed pursuant to such consultation. (b) Report and Action on Authorized Projects.-- (1) Within one year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a report setting forth-- (A) the status of all rural water projects within the jurisdiction of the Secretary authorized prior to the date of enactment of this Act; and (B) the Secretary's plan, including projected financial and workforce requirements, for the completion of the rural water projects within the time frames set forth in the public laws authorizing the projects or the final engineering reports submitted pursuant thereto. (2) The Secretary shall take all necessary steps to complete the projects within the time frames identified in subsection (1)(B). SEC. 5. APPRAISAL INVESTIGATIONS. (a) Appraisal Investigations.--Based on evidence of local interest and upon the request of a local sponsor, the Secretary may undertake appraisal investigations to identify opportunities for the construction of regional rural water supply systems and the enhancement of existing rural water supply systems for small communities and rural areas. Each such investigation shall include recommendations as to the preparation of a feasibility study of the potential system or system enhancement. (b) Considerations.--Appraisal investigations undertaken pursuant to this Act shall consider, among other things-- (1) whether an established water supply exists for the proposed regional rural water supply system; (2) the need for the regional rural water supply system or for enhancements to an existing rural water system, including but not limited to, alternative water supply opportunities and projected demand for water supply; (3) environmental considerations relating to the regional rural water supply system or rural water system enhancement; (4) public health and safety considerations relating to the regional rural water supply system or rural water system enhancement; (5) Indian trust responsibility considerations relating to the regional rural water supply system or rural water system enhancement; and (6) the availability of other Federal authorities or programs to address the water supply needs identified. (c) Consultation and Cooperation.--The Secretary shall consult and cooperate with appropriate Federal, state, tribal, regional, and local authorities during the conduct of each appraisal investigation conducted pursuant to this Act. (d) Costs Nonreimbursable.--The costs of such appraisal investigations shall be nonreimbursable. (e) Public Availability.--The Secretary shall make available to the public, upon request, the results of each appraisal investigation undertaken pursuant to this Act, and shall promptly publish in the Federal Register a notice of the availability of those results. SEC. 6. FEASIBILITY STUDIES. (a) Feasibility Studies.--The Secretary is authorized to participate with appropriate Federal, state, tribal, regional, and local authorities in studies to determine the feasibility of regional rural water supply systems and rural water supply system enhancements where an appraisal investigation so warrants. The Federal share of the costs of such feasibility studies shall not exceed 50 percent of the total, except that the Secretary may increase the Federal share of the costs of such feasibility study if the Secretary determines, based upon a demonstration of financial hardship, that the non-Federal participant is unable to contribute at least 50 percent of the costs of such study. The Secretary may accept as part of the non-Federal cost share the contribution of such in-kind services by the non-Federal participant that the Secretary determines will contribute substantially toward the conduct and completion of the study. (b) Considerations.--In addition to the requirements of other Federal laws, feasibility studies authorized under this Act shall consider, among other things-- (1) whether an established water supply exists for the proposed regional rural water supply system; (2) near- and long-term water demand and supplies in the study area including any opportunities to treat and utilize impaired water supplies through innovative and economically viable treatment technologies; (3) public health and safety and environmental quality issues related to the regional rural water supply system or rural water system enhancement; (4) opportunities for water conservation in the study area to reduce water use and water system costs; (5) the construction costs and projected operation and maintenance costs of the proposed regional rural water supply system and an assessment of participating communities' ability to pay 20 percent to 50 percent of the construction costs and the full share of the system operation and maintenance costs; (6) opportunities for mitigation of fish and wildlife losses incurred as a result of the construction of the regional rural water supply system or rural water system enhancement on an acre-for-acre basis, based on ecological equivalency, concurrent with system construction; and (7) the extent to which assistance for rural water supply is available pursuant to other Federal authorities and the likely effectiveness of efforts to coordinate assistance provided by the Secretary with other available Federal programs and assistance. (c) Use of Other Reports.--In conducting a feasibility study pursuant to this section, or an appraisal investigation under section 5, the Secretary shall, to the maximum extent practicable, utilize, in whole or in part, any engineering or other relevant report submitted by a state, tribal, regional, or local authority associated with the proposed regional rural water supply system. (d) Public Availability.--The Secretary shall make available to the public, upon request, the results of each feasibility study undertaken pursuant to this Act, and shall promptly publish in the Federal Register a notice of the availability of those results. (e) Disclaimer.--Nothing contained in this section shall be interpreted as requiring a feasibility study or imposing any other new requirement for rural water projects or programs that are already authorized. SEC. 7. AUTHORIZATION. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act.

Summary: Reclamation Rural and Small Community Water Enhancement Act - Directs the Secretary of the Interior to undertake a program to investigate and identify opportunities for ensuring safe and adequate regional rural water supply systems (serving areas with populations not exceeding 40,000, with exceptions) for use in small communities and rural areas through the construction of new regional systems and the enhancement of existing ruralsystems. Limits participation in such program to the States and areas (and Indian reservation lands within such States and areas) referred to in the Reclamation Act of 1902. Requires the Secretary to: (1) submit to specified congressional committees a report setting forth the status of all rural water projects within the Secretary's jurisdiction authorized prior to enactment of this Act and the Secretary 's plan for completing such projects within their respective time frames; and (2) take steps to complete such projects within such time frames. Authorizes the Secretary to undertake appraisal investigations to identify opportunities for the construction of new systems and enhancement of existing systems for small communities and rural areas; and (2) participate with appropriate Federal, State, tribal, regional, and local authorities in studies to determine the feasibility of such projects where such an investigation so warrants.


SECTION 1. ENTRIES OF CERTAIN HIGH-DENSITY, FIBERBOARD-CORE LAMINATE PANELS ENTERED IN JUNE 2004 THROUGH OCTOBER 2004. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of Customs and Border Protection shall, not later than 90 days after the receipt of the request described in subsection (b), liquidate or reliquidate the entries described in subsection (d) at a rate of duty of 1.9 cents per kilogram plus 1.5 percent ad valorem. (b) Request.--Liquidation or reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request is filed with the Bureau of Customs and Border Protection not later than 90 days after the date of the enactment of this Act. (c) Refund of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry described in subsection (d) (including interest from the date of entry) shall be refunded not later than 90 days after the date of such liquidation or reliquidation. (d) Affected Entries.--The entries referred to in subsection (a) are as follows: Entry number Date of entry EF4-0054953-3........................ 06/11/04 EF4-0054958-2........................ 06/18/04 EF4-0054987-1........................ 06/24/04 EF4-0054989-7........................ 06/19/04 EF4-0054990-5........................ 06/24/04 EF4-0054991-3........................ 06/24/04 EF4-0054992-1........................ 06/24/04 EF4-0054993-9........................ 06/24/04 EF4-0054994-7........................ 06/26/04 EF4-0054995-4........................ 06/26/04 EF4-0055060-6........................ 06/25/04 EF4-0055070-5........................ 06/24/04 EF4-0055073-9........................ 06/21/04 EF4-0055090-3........................ 06/19/04 EF4-0055120-8........................ 07/01/04 EF4-0055125-7........................ 06/27/04 EF4-0055127-3........................ 07/03/04 EF4-0055128-1........................ 07/03/04 EF4-0055129-9........................ 06/29/04 EF4-0055130-7........................ 07/03/04 EF4-0055131-5........................ 07/03/04 EF4-0055132-3........................ 07/03/04 EF4-0055166-1........................ 07/09/04 EF4-0055177-8........................ 07/09/04 EF4-0055182-8........................ 07/10/04 EF4-0055200-8........................ 07/04/04 EF4-0055224-8........................ 07/05/04 EF4-0055227-1........................ 07/09/04 EF4-0055232-1........................ 07/09/04 EF4-0055234-7........................ 07/08/04 EF4-0055242-0........................ 07/17/04 EF4-0055263-6........................ 07/17/04 EF4-0055283-4........................ 07/12/04 EF4-0055299-0........................ 07/17/04 EF4-0055304-8........................ 07/09/04 EF4-0055313-9........................ 07/19/04 EF4-0055314-7........................ 07/23/04 EF4-0055315-4........................ 07/23/04 EF4-0055316-2........................ 07/23/04 EF4-0055318-8........................ 07/23/04 EF4-0055319-6........................ 07/23/04 EF4-0055336-0........................ 07/16/04 EF4-0055340-2........................ 07/22/04 EF4-0055385-7........................ 07/19/04 EF4-0055398-0........................ 07/30/04 EF4-0055401-2........................ 07/30/04 EF4-0055402-0........................ 07/30/04 EF4-0055403-8........................ 07/30/04 EF4-0055420-2........................ 07/22/04 EF4-0055421-0........................ 07/22/04 EF4-0055426-9........................ 07/22/04 EF4-0055430-1........................ 07/24/04 EF4-0055444-2........................ 07/25/04 EF4-0055486-3........................ 07/31/04 EF4-0055505-0........................ 07/29/04 EF4-0055506-8........................ 07/29/04 EF4-0055517-5........................ 08/08/04 EF4-0055522-5........................ 08/07/04 EF4-0055583-7........................ 08/13/04 EF4-0055584-5........................ 08/13/04 EF4-0055585-2........................ 08/24/04 EF4-0055598-5........................ 08/05/04 EF4-0055609-0........................ 08/14/04 EF4-0055635-5........................ 08/06/04 EF4-0055642-1........................ 08/12/04 EF4-0055647-0........................ 08/07/04 EF4-0055663-7........................ 08/15/04 EF4-0055676-9........................ 09/05/04 EF4-0055770-0........................ 08/11/04 EF4-0055771-8........................ 08/11/04 EF4-0055812-0........................ 08/19/04 EF4-0055818-7........................ 08/29/04 EF4-0055819-5........................ 08/27/04 EF4-0055831-0........................ 09/03/04 EF4-0055832-8........................ 09/03/04 EF4-0055834-4........................ 08/28/04 EF4-0055835-1........................ 08/14/04 EF4-0055836-9........................ 08/14/04 EF4-0055899-7........................ 09/06/04 EF4-0055900-3........................ 09/06/04 EF4-0055917-7........................ 09/02/04 EF4-0055960-7........................ 09/13/04 EF4-0055961-5........................ 09/10/04 EF4-0055962-3........................ 09/10/04 EF4-0055963-1........................ 09/11/04 EF4-0055965-6........................ 09/11/04 EF4-0055967-2........................ 09/11/04 EF4-0056074-6........................ 09/24/04 EF4-0056078-7........................ 09/16/04 EF4-0056079-5........................ 09/16/04 EF4-0056080-3........................ 09/16/04 EF4-0056108-2........................ 09/15/04 EF4-0056109-0........................ 08/26/04 EF4-0056123-1........................ 09/25/04 EF4-0056171-0........................ 09/10/04 EF4-0056197-5........................ 10/02/04 EF4-0056291-6........................ 09/29/04 EF4-0056303-9........................ 10/08/04 EF4-0056304-7........................ 10/04/04 EF4-0056354-2........................ 10/07/04 EF4-0056355-9........................ 10/09/04 EF4-0056356-7........................ 10/09/04 EF4-0056357-5........................ 10/09/04 EF4-0056359-1........................ 10/07/04 EF4-0056426-8........................ 10/16/04

Summary: Directs the Bureau of Customs and Border Protection to liquidate or reliquidate certain entries relating to high-density, fiberboard-core laminate panels and refund any amounts owed.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Smoking Prevention, Health, and Learning Trust Fund Act of 1999''. SEC. 2. AUTHORITY TO WAIVE RECOUPMENT UNDER THE MEDICAID PROGRAM OF TOBACCO-RELATED FUNDS. (a) In General.--Section 1903(d)(3) of the Social Security Act (42 U.S.C. 1396b(d)(3)) is amended-- (1) by inserting ``(A)'' before ``The''; and (2) by adding at the end the following: ``(B) Subparagraph (A) and paragraph (2)(B) shall not apply to any amount recovered or paid to a State as part of the comprehensive settlement of November 1998 between manufacturers of tobacco products (as defined in section 5702(d) of the Internal Revenue Code of 1986) and States, or as part of any individual State settlement or judgment reached in litigation initiated or pursued by a State against one or more such manufacturers, if the Secretary finds that the following conditions are met: ``(i) Subject to subparagraph (C), with respect to any fiscal year, the State demonstrates, through a plan submitted to, and approved by, the Secretary, that 50 percent of amounts so recovered or paid (in this subparagraph referred to as the `Federal share') during the fiscal year shall be expended consistent with the following: ``(I) At least 35 percent of the Federal share shall be expended on one or more of the tobacco use prevention programs described in subparagraph (D). ``(II) Subject to subparagraph (F), the remainder of the Federal share (determined after the application of subclause (I)) shall be expended on one or more of the health care and early learning programs described in subparagraph (E). ``(ii) With respect to any fiscal year-- ``(I) the level of funds expended by the State (determined without regard to any portion of the Federal share expended by the State) for any program on which a portion of the Federal share is to be expended is not less than the level of funds expended by the State during the most recent State fiscal year ending before the date on which the State first recovered or received any funds pursuant to a settlement or judgment described in this subparagraph; and ``(II) an amount equal to the Federal share is used to supplement and not supplant the level of funds expended by the State for any such program during such State fiscal year. ``(iii) The State files with the Secretary an annual report that, with respect to a fiscal year-- ``(I) details how the Federal share of the amounts so recovered or paid has been spent consistent with clause (i); and ``(II) identifies, with respect to each program funded in accordance with clause (i) (and, if applicable, subparagraph (F))-- ``(aa) the amount of additional expenditures made for each such program; ``(bb) the number of additional individuals participating in the program and the nature of the services provided; and ``(cc) such other information as the Secretary determines is necessary. ``(C) If any State can demonstrate to the Secretary that the Federal share of the total amount expended by the State under this title to treat tobacco-induced illnesses is less than 50 percent of the total amount recovered or paid to the State as a result of a settlement or judgment described in subparagraph (B), clause (i) of that subparagraph shall be applied by substituting for `50 percent' the percentage so demonstrated by the State. ``(D) For purposes of subparagraph (B)(i)(I), tobacco use prevention programs described in this subparagraph are the following: ``(i) Counter-advertising programs to discourage tobacco use. ``(ii) Smoking cessation programs. ``(iii) School-based tobacco use prevention programs. ``(iv) Community-based tobacco use prevention programs. ``(v) Programs to enforce prohibitions on the sale of tobacco products to youth. ``(vi) Other State-initiated programs to deter tobacco use and assist individuals suffering from nicotine addiction or smoking-induced disease. ``(E) For purposes of subparagraph (B)(i)(II), health care and early learning programs described in this subparagraph are the following: ``(i) Community health centers that receive funds under section 330 of the Public Health Service Act (42 U.S.C. 254b). ``(ii) Prescription drug assistance programs to help senior citizens pay for pharmaceuticals. ``(iii) The State Children's Health Insurance Program established under title XXI. ``(iv) Maternal and child health services provided under title V. ``(v) The Child Care and Development Block Grant Act of 1990 (42 U.S.C. (42 U.S.C. 9858 et seq.). ``(vi) The Safe and Drug-Free Schools and Communities Program under title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.). ``(vii) State-initiated programs approved by the Secretary to-- ``(I) make health insurance available to the uninsured; ``(II) provide health services to the underserved or uninsured; ``(III) reduce public health risks; or ``(IV) support medical research and expand access to clinical trials for individuals with serious illnesses. ``(viii) State-initiated programs approved by the Secretary to-- ``(I) award grants to communities for the creation, improvement, and expansion of early childhood education opportunities; or ``(II) serve the educational and developmental needs of children 5 years of age or younger. ``(F) In the case of any State that is a tobacco-growing State, the State may use up to 25 percent of the remainder of the Federal share (determined after the application of subparagraph (B)(i)(I)) for programs to assist tobacco farmers and tobacco workers who have sustained an adverse financial impact as a direct result of a settlement or judgment described in subparagraph (B). ``(G) Amounts provided to a State under any provision of law referred to in subparagraph (D) or (E) shall not be reduced solely as a result of the availability of funds recovered or received pursuant to a settlement or judgment described in subparagraph (B). ``(H) If the Secretary determines that amounts described in subparagraph (B)(i) are not being spent in accordance with subparagraphs (D), (E), and, as applicable, (C) and (F), or that a State has failed to comply with the requirements of clauses (ii) and (iii) of subparagraph (B), subparagraph (A) and paragraph (2)(B) shall apply to such amounts and the Secretary shall take appropriate action to offset such amounts from the amounts otherwise paid to the State under this title.''. (b) Prohibition on Payment for Administrative Expenses Incurred in Pursuing Tobacco Litigation.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended-- (1) in paragraph (18), by striking the period and inserting ``; or''; and (2) by inserting after paragraph (18) the following: ``(19) with respect to any amount expended on administrative costs to initiate or pursue litigation against one or more manufacturers of tobacco products (as defined in section 5702(d) of the Internal Revenue Code of 1986).''. (c) Effective Date.--The amendments made by this section apply to amounts recovered or paid to a State before, on, or after the date of enactment of this Act.

Summary: Provides that: (1) if the Secretary determines that recovered amounts are not being spent accordingly the Secretary shall take appropriate action to offset such amounts from the amounts otherwise paid to the State under Medicaid; and (2) payment for administrative expenses incurred in pursuing tobacco litigation is prohibited. Makes this Act effective with regard to amounts recovered or paid to a State before, on, or after the enactment of this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Commit to Opioid Medical Prescriber Accountability and Safety for Seniors Act'' or the ``COMPASS Act''. SEC. 2. MEDICARE NOTIFICATIONS TO OUTLIER PRESCRIBERS OF OPIOIDS. Section 1860D-4(c)(4) of the Social Security Act (42 U.S.C. 1395w- 104(c)(4)) is amended by adding at the end the following new paragraph: ``(D) Outlier prescriber notification.-- ``(i) Notification.--Beginning not later than two years after the date of the enactment of this subparagraph, the Secretary shall, in the case of a prescriber identified by the Secretary under clause (ii) to be an outlier prescriber of opioids, provide, subject to clause (iv), an annual notification to such prescriber that such prescriber has been so identified and that includes resources on proper prescribing methods and other information specified in accordance with clause (iii). ``(ii) Identification of outlier prescribers of opioids.-- ``(I) In general.--The Secretary shall, subject to subclause (III), using the valid prescriber National Provider Identifiers included pursuant to subparagraph (A) on claims for covered part D drugs for part D eligible individuals enrolled in prescription drug plans under this part or MA-PD plans under part C and based on the threshold established under subclause (II), conduct an analysis to identify prescribers that are outlier opioid prescribers for a period specified by the Secretary. ``(II) Establishment of threshold.--For purposes of subclause (I) and subject to subclause (III), the Secretary shall, after consultation with stakeholders, establish a threshold, based on prescriber specialty and geographic area, for identifying whether a prescriber in a specialty and geographic area is an outlier prescriber of opioids as compared to other prescribers of opioids within such specialty and area. ``(III) Exclusions.--The Secretary may exclude the following individuals and prescribers from the analysis under this clause: ``(aa) Individuals receiving hospice services. ``(bb) Individuals with a cancer diagnosis. ``(cc) Prescribers who are the subject of an investigation by the Centers for Medicare & Medicaid Services or the Office of Inspector General of the Department of Health and Human Services. ``(iii) Contents of notification.--The Secretary shall, based on input from stakeholders, specify the resources and other information to be included in notifications provided under clause (i). ``(iv) Modifications and expansions.-- ``(I) Frequency.--Beginning 5 years after the date of the enactment of this subparagraph, the Secretary may change the frequency of the notifications described in clause (i) based on stakeholder input. ``(II) Expansion to other prescriptions.--The Secretary may expand notifications under this subparagraph to include identifications and notifications with respect to concurrent prescriptions of covered Part D drugs used in combination with opioids that are considered to have adverse side effects when so used in such combination, as determined by the Secretary. ``(v) Opioids defined.--For purposes of this subparagraph, the term `opioids' has such meaning as specified by the Secretary through program instruction or otherwise.''.

Summary: Commit to Opioid Medical Prescriber Accountability and Safety for Seniors Act or the COMPASS Act This bill requires the Centers for Medicare & Medicaid Services (CMS) to identify outlier prescribers of opioids under the Medicare prescription drug benefit and Medicare Advantage prescription drug plans. Specifically, the CMS must: (1) establish an opioid-prescription threshold for determining whether a prescriber is an outlier compared to other prescribers, based on specialty and geographic area; (2) use National Provider Identifiers (unique provider identification numbers currently included on claims for covered drugs) to identify outlier prescribers; and (3) annually notify identified outlier prescribers of their status and provide them with resources on proper prescribing methods. The CMS may also identify and notify outlier prescribers based on co-prescriptions of covered drugs that have adverse effects when used in combination with opioids.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead Exposure Reduction Amendments Act of 2012''. SEC. 2. DEFINITIONS. Section 401 of the Toxic Substances Control Act (15 U.S.C. 2681) is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting the clauses appropriately; (B) in the first sentence, by striking ``The term'' and inserting the following: ``(A) In general.--The term''; (C) by striking ``Such term includes--'' and inserting the following: ``(B) Inclusions.--The term `abatement' includes-- ''; and (D) by adding at the end the following: ``(C) Exclusions.--The term `abatement' does not include any renovation, remodeling, landscaping, or other activity-- ``(i) the primary purpose of which is to repair, restore, or remodel a structure or dwelling; and ``(ii) that incidentally results in a reduction or elimination of lead-based paint hazards.''; (2) by redesignating paragraphs (4) through (12) and paragraphs (13) through (17) as paragraphs (5) through (13) and paragraphs (15) through (19), respectively; (3) by inserting after paragraph (3) the following: ``(4) Emergency renovation.--The term `emergency renovation' means a renovation, replacement, or repair activity that-- ``(A) was not planned; and ``(B) results from a sudden, unexpected event that, if not immediately attended to-- ``(i) presents a risk to the public health or safety; or ``(ii) threatens to cause significant damage to equipment or property.''; (4) by striking paragraph (10) (as redesignated by paragraph (2)) and inserting the following: ``(10) Lead-based paint.--The term `lead-based paint' means paint or other surface coatings that contain lead-- ``(A) in excess of-- ``(i) 1.0 milligrams per centimeter squared; or ``(ii) 0.5 percent by weight; or ``(B) in the case of paint or other surface coatings on target housing, the lower level established by the Secretary of Housing and Urban Development under section 302(c) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.).''; (5) by inserting after paragraph (13) (as redesignated by paragraph (2)) the following: ``(14) Post-abatement clearance testing.--The term `post- abatement clearance testing' means a test that-- ``(A) is carried out on the completion of any lead- based paint activity to ensure that-- ``(i) the reduction is complete; and ``(ii) no lead-contaminated dust hazards remain in the dwelling unit or worksite; and ``(B) includes a visual assessment and the collection and analysis of environmental samples from the dwelling or worksite.''; and (6) by adding at the end the following: ``(20) Test kit.--The term `test kit' means a chemical test that has the ability to determine the presence of lead in a paint chip, paint powder, or painted surface at a level that is equal to or in excess of-- ``(A) 1.0 milligrams per centimeter squared; or ``(B) 0.5 percent by weight.''. SEC. 3. LEAD-BASED PAINT ACTIVITIES TRAINING AND CERTIFICATION. Section 402(c) of the Toxic Substances Control Act (15 U.S.C. 2682(c)) is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) Study of certification.-- ``(A) In general.--Prior to proposing any new regulation applicable to target housing or public or commercial buildings constructed before 1978, the Administrator shall conduct a study of the extent to which persons engaged in various types of renovation and remodeling activities in the target housing or public or commercial buildings constructed before 1978-- ``(i) are exposed to lead in the conduct of those activities; or ``(ii) disturb lead and create a lead-based paint hazard on a regular or occasional basis. ``(B) Completion.--The Administrator shall complete each study under subparagraph (A) and publish the results of that study not later than 1 year prior to proposing any new regulation applicable to a structure or dwelling described in subparagraph (A).''; (2) in paragraph (3)-- (A) in the first sentence, by striking ``Within 4 years'' and inserting the following: ``(A) In general.--Not later than 4 years''; (B) in the second sentence, by striking ``In determining'' and inserting the following: ``(B) Use of study.--In determining''; (C) in the third sentence, by striking ``If the Administrator'' and inserting the following: ``(C) Determination of administrator.--If the Administrator''; and (D) by adding at the end the following: ``(D) Exemption.--An emergency renovation shall be exempt from any regulation promulgated by the Administrator under this paragraph. ``(E) Prohibition on post-abatement clearance requirement.--No regulation promulgated by the Administrator under this paragraph shall require post- abatement clearance testing.''; and (3) by adding at the end the following: ``(4) Target housing owners.-- ``(A) In general.--Not later than 60 days after the date of enactment of this paragraph and subject to subparagraph (B), in promulgating any regulation relating to renovation or remodeling activities in target housing in which the owner resides, the Administrator shall include a provision that permits the owner to authorize the renovation or remodeling contractor to forego compliance with that regulation. ``(B) Restriction.--The Administrator shall only permit an owner of target housing to forgo compliance with a regulation under this paragraph if-- ``(i) no pregnant woman or child under the age of 6 resides in the target housing as of the date on which the renovation or remodeling commences; and ``(ii) the owner submits to the renovation or remodeling contractor written certification that-- ``(I) the renovation or remodeling project is to be carried out at the target housing of the owner; ``(II) no pregnant woman or child under the age of 6 resides in the target housing as of the date on which the renovation or remodeling commences; and ``(III) the owner acknowledges that, in carrying out the project, the renovation or remodeling contractor will be exempt from employing the work practices required by a regulation promulgated under this subsection. ``(C) Limitation of contractor liability.--A contractor that receives written certification described in subparagraph (B)(ii) shall be exempt from liability resulting from any misrepresentation of the owner of the target housing. ``(5) Test kits.-- ``(A) In general.--In making a certification determination under this subsection, the Administrator shall allow contractors to use commercially available lead-based paint test kits that comply with the positive and negative response criteria established by the Administrator. ``(B) Test kit approval.-- ``(i) In general.--The Administrator shall establish a process by which the Administrator shall identify and approve a test kit that-- ``(I) meets the criteria described in subparagraph (A); ``(II) is inexpensively and commercially available; ``(III) does not require special training to use the test kit; and ``(IV) enables users to determine the presence of lead at the job site in accordance with the criteria described in subparagraph (A) without the need for off-site laboratory analysis. ``(ii) Suspension of regulations.-- ``(I) In general.--If the Administrator is unable to determine that 1 or more test kits under clause (i) exists, the Administrator shall suspend the implementation of any applicable regulation under this subsection relating to renovation or remodeling, except for owners described in paragraph (4)(B), until the date on which the Administrator-- ``(aa) identifies and approves 1 or more test kits under clause (i); and ``(bb) publishes in the Federal Register notice of that identification and approval. ``(II) Duration.--The Administrator shall remove the suspension under this clause not earlier than 45 days after the date on which notification of the identification and approval of the test kit is published in the Federal Register in accordance with subclause (I)(bb). ``(III) Applicability.--This clause shall-- ``(aa) only apply to regulations that permit an owner of target housing to authorize a renovation or remodeling contractor to forego compliance with the regulation; and ``(bb) not affect any other regulation issued under this subsection. ``(6) Applicability of certain penalties.--Any regulation promulgated by the Administrator under this section requiring the submission of documentation to the Administrator shall provide-- ``(A) an exemption from penalty for a person who-- ``(i) is submitting the required documentation for the first time; and ``(ii) submits documentation that contains de minimus or typographical errors, as determined by the Administrator; and ``(B) a process by which a person described in subparagraph (A) may resubmit the required documentation. ``(7) Accreditation of recertification courses.--Subsection (a)(2)(D) shall not apply to any certified renovator recertification course that is accredited by the Environmental Protection Agency.''.

Summary: Lead Exposure Reduction Amendments Act of 2012 - Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "abatement" any renovation, remodeling, landscaping, or other activity: (1) the primary purpose of which is to repair, restore, or remodel a structure or dwelling; and (2) that incidentally results in a reduction or elimination of lead-based paint hazards. Removes from the definition of "lead-based paint" lead levels that may be established by the Administrator of the Environmental Protection Agency (EPA) for paint or surface coating that are not otherwise specified in such definition. Requires the Administrator to: (1) conduct a lead-based paint certification study prior to proposing any new regulation applicable to target housing or public or commercial buildings constructed before 1978; and (2) complete and publish such study no later than a year prior to proposing any new regulation applicable to such structure or dwelling. Exempts from such regulations emergency renovations that result from a sudden, unexpected event that presents a risk to the public health or safety or threatens to cause significant damage to equipment or property if not attended to immediately. Prohibits such regulation from requiring post-abatement clearance testing. Requires the Administrator, in promulgating regulations relating to renovation or remodeling activities in target housing in which the owner resides, to include a provision that permits the owner to authorize the renovation or remodeling contractor to forego compliance with such regulation if: (1) no pregnant woman or child under the age of six resides in such housing; and (2) the owner certifies that the renovation or remodeling project is to be carried out at the target housing of the owner, that no such woman or child resides in such housing, and that such contractor will be exempt from employing the work practices required by such regulation. Exempts contractors from liability resulting from any misrepresentation of the owner of the target housing. Requires the Administrator to: (1) establish a process by which the Administrator shall identify and approve a commercially available lead-based paint test kit that is inexpensive, does not require special training, and enables users to determine the presence of lead at the job site; and (2) suspend implementation of such regulation relating to renovation and remodeling until the Administrator identifies and approves one or more test kits that meet such criteria.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Health Coordinating Council Act''. SEC. 2. NATIONAL PUBLIC HEALTH COORDINATING COUNCIL. (a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting in collaboration with the Surgeon General, shall establish a National Public Health Coordinating Council (referred to in this section as the ``Council'') to facilitate and strengthen sustained communication and coordination across Federal agencies and offices regarding public health and to review and make recommendations concerning adequate and needed socio-economic and environmental policies to reduce health disparities and improve the public's health. (b) Composition.--The Council shall be composed of-- (1) the heads of each Federal department or agency (or their designees) that administers a program related to, or affected by, public health policies and projects (including medical and population-based public health programs), including the Secretary, the Surgeon General, the heads of the institutes and agencies within the Department of Health and Human Services, the heads of those Centers for Disease Control and Prevention centers determined appropriate by the Secretary, and the heads of other Federal departments and agencies, including the Department of Agriculture, the Department of Commerce, the Department of Defense, the Department of Education, the Department of Energy, the Environmental Protection Agency, the Department of Housing and Urban Development, the Department of Homeland Security, the Department of the Interior, the Department of Justice, the Department of Labor, and the Department of Transportation; (2) representatives from each of the 10 regional health offices of the Department of Health and Human Services, who shall provide a State, local, and tribal perspective; (3) health advisors or other members of the President's domestic policy and domestic security councils; (4) public health experts who are not employed by the Federal Government, of whom-- (A) two individuals shall be appointed by the President pro tempore of the Senate upon the recommendation of the Majority Leader of the Senate, after consultation with the Chairman of the Committee on Health, Education, Labor, and Pensions of the Senate; (B) two individuals shall be appointed by the President pro tempore of the Senate upon the recommendation of the Minority Leader of the Senate, after consultation with the ranking minority member of the Committee on Health, Education, Labor, and Pensions; (C) three individuals shall be appointed by the Speaker of the House of Representatives, after consultation with the Chairman of the Committee on Energy and Commerce of the House of Representatives; and (D) three individuals shall be appointed by the Minority Leader of the House of Representatives, after consultation with the ranking minority member of the Committee on Energy and Commerce of the House of Representatives; and (5) other individuals determined appropriate by the Secretary or the co-chairpersons of the Council. (c) Administrative Provisions.-- (1) Chairperson.--The Surgeon General and the Assistant Secretary for Health shall serve as the co-chairpersons of the Council. (2) Terms.--Members of the Council appointed under subsection (b)(4) shall serve for a term of 2 years and members appointed under subsection (b)(5) shall serve for a term of 3 years, except that the initial terms of the members appointed under subsection (b)(4) shall be staggered. Such members may be reappointed for one or more additional term. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term. A member may serve after the expiration of the member's term until a successor has taken office. (3) Meetings.--The Council shall meet at the call of the chairperson, but not fewer than 2 times each year. All meetings of the Council shall be public and shall include appropriate time periods for questions and presentations by the public. (4) Subcommittees; establishment and membership.--In carrying out its functions, the Council may establish subcommittees and convene workshops and conferences. Such subcommittees shall be composed of Council members and may hold such meetings as are necessary to enable the subcommittees to carry out their duties. (5) Support.--The Council shall receive necessary and appropriate administrative and other support from the Secretary, including the detailing of Department of Health and Human Services staff. The heads of the Federal entities represented on the Council shall share information, data, resources, and staff as appropriate. (d) Duties.--The Secretary shall determine the duties of the Council, which shall at a minimum include-- (1) reviewing existing Federal health programs and policies, the Federal administration of such programs, and whether such program provide for the availability of equitable public health services across communities; (2) making recommendations for the modification of such Federal programs and policies to improve public health; (3) making recommendations for the funding of such Federal programs at levels that would improve public health; (4) seeking to strengthen the impact of Federal public health efforts by improving interagency collaboration and promoting a dialogue on broad public health issues; (5) making recommendations to improve the efficiency of Federal health programs; (6) providing for the demonstration of Federal health leadership through the activities of the council; (7) improving Federal communication regarding health programs and policies through-- (A) the sharing of health-related information, knowledge, and data and the identification of gaps in comparable data and knowledge needed to improve the public's health; and (B) the facilitation of new health-related partnerships, and enhancing existing networks across Federal agencies; (8) identifying needed technical assistance to State and local public health agencies; and (9) carrying out other activities determined appropriate by the Council to improve public health. (e) Reports.--Not later than 1 year after the date on which the Council is established, and biennially thereafter, the Council shall submit to the President, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a report that contains-- (1) a description of the demonstrated strategic collaboration among Federal entities with respect to health programs and policies; (2) a summary of any evidence of improvements in communication and collaboration between such Federal entities with respect to Federal health programs and policies; (3) a description of any improvements in efficiencies of activities by such Federal entities with respect to such health programs and policies; (4) a description of the impact on public health of any modifications to such Federal programs and policies made as a result of the activities of the Council; (5) a description of progress made in meeting national health objectives and the public health infrastructure required to meet such objectives; and (6) recommendations for policies and programs to reduce health disparities. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, such sums as may be necessary.

Summary: Public Health Coordinating Council Act - Requires the Secretary of Health and Human Services to establish a National Public Health Coordinating Council to: (1) facilitate and strengthen sustained communication and coordination across federal agencies and offices regarding public health; and (2) review and make recommendations concerning socioeconomic and environmental policies to reduce health disparities and improve the public's health. Requires the Secretary to determine the duties of the Council, which shall include: (1) reviewing existing federal health programs and policies for the availability of equitable public health services across communities; (2) making recommendations for the modification of such federal programs and policies to improve public health; and (3) seeking to strengthen the impact of federal public health efforts by improving interagency collaboration and promoting a dialogue on broad public health issues.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Equity Protection Act of 1993''. SEC. 2. CONSUMER PROTECTIONS FOR HIGH COST MORTGAGES. (a) Definition.--Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended by adding after subsection (z) the following new subsection: ``(aa) The term `high cost mortgage' means a consumer credit transaction, other than a residential mortgage transaction, that is secured by a consumer's principal dwelling and that satisfies at least 1 of the following conditions: ``(1) The annual percentage rate at consummation of the transaction will exceed by more than 10 percentage points the rate of interest on obligations of the United States having a period of maturity of 1 year on the fifteenth day of the month before such consummation. ``(2) All points and fees payable by the consumer at or before closing will exceed the greater of-- ``(A) 8 percent of the amount financed, minus fees and points; or ``(B) $400.''. (b) Material Disclosures.--Section 103(u) of the Truth in Lending Act (15 U.S.C. 1602(u)) is amended-- (1) by striking ``and the due dates'' and inserting ``, the due dates''; and (2) by inserting before the period ``, and the disclosures for high cost mortgages required by section 129(a))''. (c) Definition of Creditor Clarified.--Section 103(f) of the Truth in Lending Act (15 U.S.C. 1602(f)) is amended by adding at the end the following: ``Any person who originates 2 or more high cost mortgages in any 12-month period or any person who originates 1 or more high cost mortgages through a loan broker shall be considered to be a creditor for purposes of section 129.''. (d) Disclosures Required and Certain Terms Prohibited.--The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after section 128 the following new section: ``SEC. 129. REQUIREMENTS FOR HIGH COST MORTGAGES. ``(a) Disclosures.--In addition to any other disclosures required under this title, for each high cost mortgage, the creditor shall provide the following written disclosures in clear language and in conspicuous type size and format, segregated from other information as a separate document: ``(1) The following statement: `If you obtain this loan, the lender will have a mortgage on your home. You could lose your home, and any money you have put into it, if you do not meet your obligations under the loan.'. ``(2) The initial annual percentage rate. ``(3) The consumer's gross monthly cash income, as verified by the creditor, the total initial monthly payment, and the amount of funds that will remain to meet other obligations of the consumer. ``(4) In the case of a variable rate loan, a statement that the annual percentage rate and the interest rate could increase, and the maximum interest rate and payment. ``(5) In the case of a variable rate loan with an initial annual percentage rate that is different than the one which would be applied using the contract index after the initial period, a statement of the period of time the initial rate will be in effect, and the rate or rates that will go into effect after the initial period is over, assuming that current interest rates prevail. ``(6) A statement that the consumer is not required to complete the transaction merely because he or she has received disclosures or signed a loan application. ``(7) A statement as follows: `Under Federal law, this is a high cost mortgage. You may be able to obtain a less expensive loan.'. ``(b) Time of Disclosures.--The disclosures required by this section shall be given no later than 3 business days prior to consummation of the transaction. A creditor may not change the terms of the loan after providing the disclosures required by this section. ``(c) No Prepayment Penalty.-- ``(1) In general.--A high cost mortgage may not contain terms under which a consumer must pay a prepayment penalty for paying all or part of the principal prior to the date on which such principal is due. If the date of maturity of the high cost mortgage is accelerated for any reason, the consumer is entitled to a rebate that complies with paragraph (2). No high cost mortgage shall provide for a default interest rate that is higher than the interest rate provided by the note for a performing loan. ``(2) Rebate computation.--For purposes of this subsection, any method of computing rebates of a finance charge less favorable to the consumer than the actuarial method using simple interest is a prepayment penalty. ``(3) Certain other fees prohibited.--An agreement to refinance a high cost mortgage by the same creditor or an affiliate of the creditor may not require the consumer to pay points, discount fees, or prepaid finance charges on the portion of the loan refinanced. For the purpose of this paragraph, the term `affiliate' has the same meaning as it does in section 2(k) of the Bank Holding Company Act of 1956. ``(d) No Balloon Payments.--A high cost mortgage may not include terms under which the aggregate amount of the regular periodic payments would not fully amortize the outstanding principal balance. ``(e) No Negative Amortization.--A high cost mortgage may not include terms under which the outstanding principal balance will increase over the course of the loan. ``(f) No Prepaid Payments.--A high cost mortgage may not include terms under which more than 2 periodic payments required under the loan are consolidated and paid in advance from the loan proceeds provided to the consumer. ``(g) Unfair, Deceptive, or Evasive Acts Prohibited.--Creditors of contracts governed by this section shall not commit, in the making, servicing, or collecting of a high cost mortgage, any act or practice which is unfair or deceptive, including any of the following: ``(1) Entering into a home equity loan if there is no reasonable probability that the homeowner will be able to make payments according to the terms of the loan. ``(2) Taking advantage of the borrower's infirmities, lack of education or sophistication, or language skills, necessary to understand fully the terms of the transaction. ``(3) Refinancing other loans owed by the homeowner which had not been accelerated by reason of default of the homeowner prior to the application for the home equity loan, unless the new loan is at a lower interest rate or has lower monthly payments. ``(4) Financing a mortgage broker's commission, unless the borrower entered into a separate written contract with the broker prior to the date of application for the home equity loan, which stated the dollar amount of the commission, and which was provided to the borrower prior to the application. ``(5) Taking action or interfering with any other consumer protection laws or regulation designed to protect the homeowner. ``(6) Assisting in the falsification of information on the application for a home equity loan. ``(7) Disbursing to a home improvement contractor more than 80 percent of funds due under a home improvement contract which exceeds $10,000, before the completion of the work due under the home improvement contract, or making any disbursement for a home improvement contract in a form other than an instrument jointly payable to the borrower and the contractor. ``(8)(A) Engaging in any other unfair, deceptive, or unconscionable conduct which creates a likelihood of confusion or misunderstanding. ``(B) Any attempt to evade the provisions of this section by any devise, subterfuge, or pretense whatsoever is deemed to be unfair conduct under this paragraph. ``(h) Right of Rescission.--For the purpose of section 125, any contract with provisions prohibited by this section is deemed to not include material disclosures required under this title. Any provision in a high cost mortgage which violates section 125 shall not be enforceable.''. SEC. 3. STATE AUTHORITY TO REGULATE HIGH RATE MORTGAGE LOANS. The authority of States to establish limitations on the interest, fees, and other terms of a first mortgage which-- (1) is secured by a first lien on residential real property; and (2) is not used to finance the acquisition of that property; is not preempted by section 501 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (12 U.S.C. 1735f-7a) or the Alternative Mortgage Transaction Parity Act of 1982 (12 U.S.C. 3801 et seq.). SEC. 4. CIVIL LIABILITY. (a) Damages.--Section 130(a) of the Truth in Lending Act (15 U.S.C. 1640(a)) is amended-- (1) by striking ``and'' at the end of paragraph (2)(B); (2) by striking the period at the end of paragraph (3) and inserting ``; and''; and (3) by inserting after paragraph (3) the following new paragraph: ``(4) in case of a failure to comply with any requirement under section 129, all finance charges and fees.''. (b) State Attorney General Enforcement.--Section 130(e) of the Truth in Lending Act (15 U.S.C. 1640(e)) is amended by adding at the end the following: ``An action to enforce a violation of section 129 may also be brought by the appropriate State attorney general in a court of competent jurisdiction, within 5 years after the date on which the violation occurs.''. (c) Assignee Liability.--Section 131 of the Truth in Lending Act (15 U.S.C. 1641) is amended by adding at the end the following new subsection: ``(d) High Cost Mortgages.-- ``(1) In general.--In addition to any other liability imposed under this title, any person who purchases or is otherwise assigned a high cost mortgage shall be subject to all claims and defenses with respect to the mortgage that the consumer could assert against the creditor of the mortgage. ``(2) Damages.--Relief under this subsection shall be limited to the sum of-- ``(A) an offset of all remaining indebtedness; and ``(B) the total amount paid by the consumer in connection with the transaction. ``(3) Notice.--Any person who sells or otherwise assigns a high cost mortgage shall include a prominent notice of the potential liability under this subsection as determined by the Board.''. SEC. 5. EFFECTIVE DATE. This Act shall be effective 60 days after the promulgation of regulations by the Board of Governors of the Federal Reserve System, which shall occur not later than 180 days following the date of enactment of this Act.

Summary: Home Equity Protection Act of 1993 - Amends the Truth in Lending Act to require the creditor of each high cost mortgage to provide certain clearly written, conspicuous disclosures regarding the risks associated with such mortgages. Prohibits such mortgages from containing: (1) a prepayment penalty for paying all or part of the principal prior to the date on which the balance is due; (2) certain refinancing fees; (3) balloon payments; (4) negative amortization; (5) certain prepared payments; and (6) specified unfair, deceptive, or evasive acts. Declares that State authority to regulate certain high rate mortgage loans is not preempted by specified Federal statutes. Includes within the creditor's liability for damages for noncompliance with this Act all finance charges and fees paid by the consumer. Empowers the appropriate State attorney general to bring an action to enforce this Act. Subjects an assignee of a high cost mortgage to all the claims and defenses that the consumer could assert against the creditor.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair and Speedy Treatment (FAST) of Medicare Prescription Drug Claims Act of 2007''. SEC. 2. PROMPT PAYMENT BY MEDICARE PRESCRIPTION DRUG PLANS AND MA-PD PLANS UNDER PART D. (a) Application to Prescription Drug Plans.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112 (b)) is amended by adding at the end the following new paragraph: ``(4) Prompt payment of clean claims.-- ``(A) Prompt payment.--Each contract entered into with a PDP sponsor under this subsection with respect to a prescription drug plan offered by such sponsor shall provide that payment shall be issued, mailed, or otherwise transmitted with respect to all clean claims submitted under this part within the applicable number of calendar days after the date on which the claim is received. ``(B) Definitions.--In this paragraph: ``(I) Clean claim.--The term `clean claim' means a claim, with respect to a covered part D drug, that has no apparent defect or impropriety (including any lack of any required substantiating documentation) or particular circumstance requiring special treatment that prevents timely payment from being made on the claim under this part. ``(ii) Applicable number of calendar days.--The term `applicable number of calendar days' means-- ``(I) with respect to claims submitted electronically, 14 calendar days; and ``(II) with respect to claims submitted otherwise, 30 calendar days. ``(c) Interest payment.--If payment is not issued, mailed, or otherwise transmitted within the applicable number of calendar days (as defined in subparagraph (B)) after a clean claim is received, interest shall be paid at a rate used for purposes of section 3902(a) of title 31, United States Code (relating to interest penalties for failure to make prompt payments), for the period beginning on the day after the required payment date and ending on the date on which payment is made. ``(D) Procedures involving claims.-- ``(I) Claims deemed to be clean claims.-- ``(I) In general.--A claim for a covered part D drug shall be deemed to be a clean claim for purposes of this paragraph if the PDP sponsor involved does not provide a notification of deficiency to the claimant by the 10th day that begins after the date on which the claim is submitted. ``(II) Notification of deficiency.--For purposes of subclause (II), the term `notification of deficiency' means a notification that specifies all defects or improprieties in the claim involved and that lists all additional information or documents necessary for the proper processing and payment of the claim. ``(ii) Payment of clean portions of claims.--A PDP sponsor shall, as appropriate, pay any portion of a claim for a covered part D drug that would be a clean claim but for a defect or impropriety in a separate portion of the claim in accordance with subparagraph (A). ``(iii) Obligation to pay.--A claim for a covered part D drug submitted to a PDP sponsor that is not paid or contested by the provider within the applicable number of calendar days (as defined in subparagraph (B)) shall be deemed to be a clean claim and shall be paid by the PDP sponsor in accordance with subparagraph (A). ``(iv) Date of payment of claim.--Payment of a clean claim under subparagraph (A) is considered to have been made on the date on which full payment is received by the provider. ``(E) Electronic transfer of funds.--A PDP sponsor shall pay all clean claims submitted electronically by an electronic funds transfer mechanism.''. (b) Application to MA-PD Plans.--Section 1857(f) of such Act (42 U.S.C. 1395w-27) is amended by adding at the end the following new paragraph: ``(3) Incorporation of certain prescription drug plan contract requirements.--The provisions of section 1860D- 12(b)(4) shall apply to contracts with a Medicare Advantage organization in the same manner as they apply to contracts with a PDP sponsor offering a prescription drug plan under part D.''. (c) Effective Date.--The amendments made by this section shall apply to contracts entered into or renewed on or after the date of the enactment of this Act. SEC. 3. RESTRICTION ON CO-BRANDING. (a) Application to Prescription Drug Information Disseminated.-- Subsection (a) of section 1860D-4 of the Social Security Act (42 U.S.C. 1395w-104) is amended by adding at the end the following new paragraph: ``(5) Restriction on displaying pharmacy brand or trademark information.-- ``(A) In general.--It is unlawful for a PDP sponsor of a prescription drug plan to display on any explanatory information described in subparagraph (B), with respect to benefits provided under this part, the brand or trademark of any pharmacy. ``(B) Explanatory information described.--For purposes of subparagraph (A), explanatory information is each of the following: ``(i) Information on evidence of coverage under this part. ``(ii) Information that summarizes benefits provided under this part. ``(iii) Enrollment and disenrollment forms. ``(iv) Enrollment and disenrollment letters. ``(v) Pharmacy directories. ``(vi) Formulary information. ``(vii) Grievance letters provided pursuant to subsection (f), coverage determination letters provided pursuant to subsection (g), and appeals letters provided pursuant to subsection (h). ``(viii) Exceptions process letters. ``(ix) Information contained in sales descriptions or sales presentations.''. (b) Application to Enrollee Cards.--Subsection (b)(2)(A) of such section is amended by adding at the end the following new sentence: ``It is unlawful for a PDP sponsor of a prescription drug plan to display on such a card the name, brand, or trademark of any pharmacy.'' (c) Effective Date.-- (1) Explanatory information.--With respect to explanatory information dispensed on or after the date of the enactment of this Act, the amendment made by subsection (a) shall apply to such information on and after the date that is 90 days after such date of enactment. (2) Enrollee cards.--With respect to cards dispensed before, on, or after the date of the enactment of this Act, the amendment made by subsection (b) shall apply to such cards on and after the date that is 90 days after such date of enactment. Any card dispensed before such date that is 90 days after the date of enactment that violates the second sentence of section 1860D-4(b)(2)(A) of the Social Security Act, as added by subsection (b), shall be reissued by such 90-day date.

Summary: Fair and Speedy Treatment (FAST) of Medicare Prescription Drug Claims Act of 2007 - Amends title XVIII of the Social Security Act to require prompt payment of clean claims to pharmacies by prescription drug plans (PDPs) and Medicare Advantage prescription drug plans (MA-PD Plans). Defines "prompt payment" as within 14 calendar days from submission for claims submitted electronically, and within 30 calendar days for claims submitted otherwise. Requires payment of interest, also, if a payment is not issued, mailed, or otherwise transmitted within the applicable number of calendar days. Makes it unlawful for a PDP sponsor to display on any explanatory prescription drug information and enrollee cards the name, brand, or trademark (co-branding) of any pharmacy.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Prepare All Kids Act of 2009''. SEC. 2. HIGH QUALITY PREKINDERGARTEN PROGRAMS. Title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended-- (1) by redesignating part I as part J; and (2) by inserting after part H the following: ``PART I--HIGH QUALITY PREKINDERGARTEN PROGRAMS ``SEC. 1841. FINDINGS. ``Congress makes the following findings: ``(1) Investments in children and early childhood development education should be a national priority. ``(2) State-funded preschool is the most rapidly expanding segment of the United States educational system, but in many States a lack of stable funding poses an enormous threat to the provision or continuation of high quality preschool. ``(3) Researchers, educators, and economists have long noted an achievement gap for low-income and minority students as compared to their more advantaged peers that is often already evident when children enter school for the first time. ``(4) One study showed that before entering kindergarten, the average cognitive scores of preschool-age children in the highest socioeconomic group are 60 percent above the average scores of children in the lowest socioeconomic group. ``(5) For low-income preschoolers, research shows that high quality early education and development is vital to closing the achievement gap between them and their more advantaged peers. ``(6) Numerous studies have shown that high quality preschool programs-- ``(A) improve a number of specific life outcomes for children; and ``(B) are cost effective. ``(7) The provision of high quality prekindergarten is a cost-effective investment for children and for the Nation. Research shows that for every $1 invested in high quality early childhood programs, taxpayers save up to $7 in crime, welfare, remedial and special education, and other costs. ``(8) High quality early education increases academic success for schoolchildren who received that education by-- ``(A) improving skills in areas such as following directions and problem solving; ``(B) improving children's performance on standardized tests; ``(C) reducing grade repetition; ``(D) reducing the number of children placed in special education; and ``(E) increasing high school graduation rates. ``(9) High quality early education promotes responsible behavior by teens and adults who received that education by-- ``(A) reducing crime, delinquency, and unhealthy behaviors such as smoking and drug use; ``(B) lowering rates of teen pregnancy; ``(C) leading to greater employment and higher wages for adults; and ``(D) contributing to more stable families. ``(10) High quality prekindergarten programs prepare children to-- ``(A) succeed in school; ``(B) achieve higher levels of education; and ``(C) become citizens who-- ``(i) earn more in adulthood; ``(ii) compete in the global economy; and ``(iii) contribute to our national prosperity. ``SEC. 1842. DEFINITIONS. ``In this part: ``(1) Full-day.--The term `full-day', used with respect to a program, means a program with a minimum of a 6-hour schedule per day. ``(2) Poverty line.--The term `poverty line' has the meaning given the term in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) and includes any revision required by that section. ``(3) Prekindergarten.--The term `prekindergarten' means a program that-- ``(A) serves children who are ages 3 through 5; ``(B) supports children's cognitive, social, emotional, and physical development and approaches to learning; and ``(C) helps prepare children for a successful transition to kindergarten. ``(4) Prekindergarten teacher.--The term `prekindergarten teacher' means an individual who-- ``(A) has a bachelor of arts degree with a specialization in early childhood education or early childhood development; or ``(B) during the 6-year period following the first date on which the individual is employed as such a teacher under this part, is working toward that degree. ``(5) Qualified prekindergarten provider.--The term `qualified prekindergarten provider' includes a provider of a prekindergarten program, a Head Start agency, a provider of a child care program, a school, and a for-profit or nonprofit organization that-- ``(A) is in existence on the date of the qualification determination; and ``(B) has met applicable requirements under State or local law that are designed to protect the health and safety of children and that are applicable to child care providers. ``SEC. 1843. PROGRAM AUTHORIZATION. ``(a) Prekindergarten Incentive Fund.--The Secretary, in collaboration and consultation with the Secretary of Health and Human Services, shall create a Prekindergarten Incentive Fund, to be administered by the Secretary of Education. ``(b) Grants.--In administering the Fund, the Secretary shall award grants to eligible States based on a formula established by the Secretary in accordance with subsection (c), to pay for the Federal share of the cost of awarding subgrants to qualified prekindergarten providers to establish, expand, or enhance voluntary high quality full- day prekindergarten programs. ``(c) Minimum Allotment.--No State shall receive a grant allotment under subsection (b) for a fiscal year that is less than one-half of 1 percent of the total amount made available to carry out this part for such fiscal year. ``SEC. 1844. STATE APPLICATIONS AND REQUIREMENTS. ``(a) Designated State Agency.--To be eligible to receive a grant under this part, a State shall designate a State agency to administer the State program of assistance for prekindergarten programs funded through the grant, including receiving and administering funds and monitoring the programs. ``(b) State Application.--In order for a State to be eligible to receive a grant under this part, the designated State agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including-- ``(1) an assurance that the State will award subgrants for prekindergarten programs that are sufficient to provide a high quality prekindergarten experience; ``(2) an assurance that not less than 25 percent of the qualified prekindergarten providers receiving such subgrants will be providers of community-based programs; ``(3) a description of the number of children in the State who are eligible for the prekindergarten programs and the needs that will be served through the prekindergarten programs; ``(4) a description of how the State will ensure that the subgrants are awarded to a wide range of types of qualified prekindergarten providers; ``(5) a description of how the designated State agency will collaborate and coordinate activities with the State Advisory Council on Early Childhood Education and Care, State-funded providers of prekindergarten programs, providers of federally funded programs such as Head Start agencies, local educational agencies, and child care providers; ``(6) a description of how the State will ensure, through a monitoring process, that qualified prekindergarten providers receiving the subgrants provide programs that meet the standards of high quality early education, and use funds appropriately; ``(7) a description of how the State will meet the needs of the most disadvantaged students, including families at or below 200 percent of the poverty line; ``(8) a description of how the State will meet the needs of working parents; and ``(9) a description of how the State will assist in providing professional development assistance to prekindergarten teachers and teacher aides. ``(c) Federal Share.--The Federal share of the cost described in section 1843(b) shall be 50 percent. The State shall provide the non- Federal share of the cost in cash. ``(d) Supplementary Federal Funding.--Funds made available under this part may be used only to supplement and not supplant other Federal, State, local, or private funds that would, in the absence of the funds made available under this part, be made available for early childhood programs. ``(e) Maintenance of Effort.--A State that receives a grant under this part for a fiscal year shall maintain the expenditures of the State for early childhood programs at a level not less than the level of such expenditures of the State for the preceding fiscal year. ``SEC. 1845. STATE SET ASIDES AND EXPENDITURES. ``(a) Infant and Toddler Set Aside.--Notwithstanding sections 1842 and 1843, a State shall set aside not less than 15 percent of the funds made available through a grant awarded under this part for the purpose of funding high quality early childhood development programs for children who are ages 0 through 3. Funds made available under this subsection may also be used for professional development for teachers and teacher aides in classrooms for children who are ages 0 through 3. ``(b) Extended Day and Extended Year Set Aside.--Notwithstanding section 1843, a State shall set aside not less than 10 percent of the funds made available through a grant awarded under this part for the purpose of extending the hours of early childhood programs to create extended day and extended year programs. ``(c) Administrative Expenses.--Not more than 5 percent of the funds made available through such a grant may be used for administrative expenses, including monitoring. ``SEC. 1846. LOCAL APPLICATIONS. ``To be eligible to receive a subgrant under this part, a qualified prekindergarten provider shall submit an application to the designated State agency at such time, in such manner, and containing such information as the agency may reasonably require, including-- ``(1) a description of how the qualified prekindergarten provider will meet the diverse needs of children in the community to be served, including children with disabilities, whose native language is not English, or with other special needs, children in the State foster care system, and homeless children; ``(2) a description of how the qualified prekindergarten provider will serve eligible children who are not served through similar services or programs; ``(3) a description of a plan for actively involving parents and families in the prekindergarten program and the success of their children in the program; ``(4) a description of how children in the prekindergarten program, and their parents and families, will receive referrals to, or assistance with, accessing supportive services provided within the community; ``(5) a description of how the qualified prekindergarten provider collaborates with the State Advisory Council on Early Childhood Education and Care and providers of other programs serving children and families, including Head Start agencies, providers of child care programs, and local educational agencies, to meet the needs of children, families, and working families, as appropriate; and ``(6) a description of how the qualified prekindergarten provider will collaborate with local educational agencies to ensure a smooth transition for participating students from the prekindergarten program to kindergarten and early elementary education. ``SEC. 1847. LOCAL PREKINDERGARTEN PROGRAM REQUIREMENTS. ``(a) Mandatory Uses of Funds.--A qualified prekindergarten provider that receives a subgrant under this part shall use funds received through the grant to establish, expand, or enhance prekindergarten programs for children who are ages 3 through 5, including-- ``(1) providing a prekindergarten program that supports children's cognitive, social, emotional, and physical development and approaches to learning, and helps prepare children for a successful transition to kindergarten; and ``(2) purchasing educational equipment, including educational materials, necessary to provide a high quality prekindergarten program. ``(b) Permissible Use of Funds.--A qualified prekindergarten provider that receives a subgrant under this part may use funds received through the grant to-- ``(1) extend part-day prekindergarten programs to full-day prekindergarten programs and year-round programs; ``(2) pay for transporting students to and from a prekindergarten program; and ``(3) provide professional development assistance to prekindergarten teachers and teacher aides. ``(c) Program Requirements.--A qualified prekindergarten provider that receives a subgrant under this part shall carry out a high quality prekindergarten program by-- ``(1) maintaining a maximum class size of 20 children, with at least 1 prekindergarten teacher per classroom; ``(2) ensuring that the ratio of children to prekindergarten teachers and teacher aides shall not exceed 10 to 1; ``(3) utilizing a prekindergarten curriculum that is research- and evidence-based, developmentally appropriate, and designed to support children's cognitive, social, emotional, and physical development, and approaches to learning; and ``(4) ensuring that prekindergarten teachers meet the requirements of this part. ``SEC. 1848. REPORTING. ``(a) Qualified Prekindergarten Provider Reports.--Each qualified prekindergarten provider that receives a subgrant from a State under this part shall submit an annual report, to the designated State agency, that reviews the effectiveness of the prekindergarten program provided. Such annual report shall include-- ``(1) data specifying the number and ages of enrolled children, and the family income, race, gender, disability, and native language of such children; ``(2) a description of-- ``(A) the curriculum used by the program; ``(B) how the curriculum supports children's cognitive, social, emotional, and physical development and approaches to learning; and ``(C) how the curriculum is appropriate for children of the culture, language, and ages of the children served; and ``(3) a statement of all sources of funding received by the program, including Federal, State, local, and private funds. ``(b) State Reports.--Each State that receives a grant under this part shall submit an annual report to the Secretary detailing the effectiveness of all prekindergarten programs funded under this part in the State. ``(c) Report to Congress.--The Secretary shall submit an annual report to Congress that describes the State programs of assistance for prekindergarten programs funded under this part. ``SEC. 1849. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal years 2010 through 2014.''. SEC. 3. CONFORMING AMENDMENTS. (a) Table of Contents.--The table of contents in section 1(b) of the Elementary and Secondary Education Act of 1965 is amended-- (1) by striking the item relating to the part heading for part I of title I and inserting the following: ``Part J--General Provisions''; and (2) by inserting after the items relating to part I of title I and inserting the following: ``Part I--High Quality Full-Day Prekindergarten Programs ``Sec. 1841. Findings. ``Sec. 1842. Definitions. ``Sec. 1843. Program authorization. ``Sec. 1844. State applications and requirements. ``Sec. 1845. State set asides and expenditures. ``Sec. 1846. Local applications. ``Sec. 1847. Local prekindergarten program requirements. ``Sec. 1848. Reporting. ``Sec. 1849. Authorization of appropriations.''. (b) Provisions.--Sections 1304(c)(2) and 1415(a)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6394(c)(2), 6435(a)(2)(C)) are amended by striking ``part I'' and inserting ``part J''.

Summary: Prepare All Kids Act of 2009 - Creates a part I (High Quality Prekindergarten Programs) under title I of the Elementary and Secondary Education Act of 1965. Implements such part by requiring the Secretary of Education to establish a Prekindergarten Incentive Fund from which matching grants shall be awarded to states and, through them, subgrants to qualified prekindergarten providers to establish, expand, or enhance voluntary high quality full-day prekindergarten programs serving children ages three through five. Directs state grantees to set aside: (1) at least 15% of their grant for quality early childhood development programs for children ages zero through three; and (2) at least 10% of their grant to extend the hours of early childhood programs to create extended day and year programs. Requires prekindergarten subgrantees to: (1) maintain a maximum class size of 20 children, with at least 1 prekindergarten teacher per classroom; and (2) ensure that the ratio of children to prekindergarten teachers and teacher aides does not exceed 10 to 1.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Efforts for Wellness and Encouraging Longer Lives Act'' or the ``BE WELL Act''. SEC. 2. PROGRAMS OF HEALTH PROMOTION AND DISEASE PREVENTION. (a) Internal Revenue Code of 1986.--Section 9802 of the Internal Revenue Code of 1986 is amended-- (1) by redesignating the second subsection (f) as subsection (g); and (2) by adding at the end the following: ``(h) Programs of Health Promotion and Disease Prevention.-- ``(1) Applicability.--The following shall apply with respect to a program of health promotion or disease prevention for purposes of subsection (b)(2)(B). Such programs shall be referred to as `wellness programs'. ``(2) Definition and general rule.-- ``(A) Definition.--For purposes of this subsection, a wellness program is any program designed to promote health or prevent disease, including a program designed to encourage individuals to adopt healthy behaviors. ``(B) General rule.--For purposes of subsections (a)(2) and (b)(2) (which provide exceptions to the general prohibitions against discrimination based on a health factor for group health plan provisions that vary benefits (including cost-sharing mechanisms) or the premium or contribution for similarly situated individuals in connection with a wellness program that satisfies the requirements of this subsection), if none of the conditions for obtaining a reward under a wellness program are based on an individual satisfying a standard that is related to a health factor, under this subsection, such wellness program does not violate this section if participation in the program is made available to all similarly situated individuals. If any of the conditions for obtaining a reward under such a wellness program is based on an individual satisfying a standard that is related to a health factor, the wellness program shall not violate this section if the requirements of paragraph (4) of this section are satisfied. ``(3) Wellness programs not subject to requirements.--If none of the conditions for obtaining a reward under a wellness program are based on an individual satisfying a standard that is related to a health factor (or if a wellness program does not provide a reward), the wellness program shall not violate this section, if participation in the program is made available to all similarly situated individuals. Such programs need not satisfy the requirements of paragraph (4), if participation in the program is made available to all similarly situated individuals. Wellness programs described in this paragraph include the following: ``(A) A program that reimburses all or part of the cost for memberships in a fitness center. ``(B) A diagnostic testing program that provides a reward for participation and does not base any part of the reward on outcomes. ``(C) A program that encourages preventive care through the waiver of the copayment or deductible requirement under a group health plan for the costs of, for example, prenatal care or well-baby visits. ``(D) A program that reimburses employees for the costs of smoking cessation programs without regard to whether the employee quits smoking. ``(E) A program that provides a reward to employees for attending a monthly health education seminar. ``(4) Wellness programs subject to requirements.--If any of the conditions for obtaining a reward under a wellness program is based on an individual satisfying a standard that is related to a health factor, the wellness program shall not violate this section if the requirements of this paragraph are satisfied. ``(A) The reward for the wellness program, coupled with the reward for other wellness programs with respect to the plan that require satisfaction of a standard related to a health factor, shall not exceed 30 percent of the cost of employee-only coverage under the plan. However, if, in addition to employees, any class of dependents (such as spouses or spouses and dependent children) may participate in the wellness program, the reward shall not exceed 30 percent of the cost of the coverage in which an employee and any dependents are enrolled. For purposes of this paragraph, the cost of coverage shall be determined based on the total amount of employer and employee contributions for the benefit package under which the employee is (or the employee and any dependents are) receiving coverage. A reward may be in the form of a discount or rebate of a premium or contribution, a waiver of all or part of a cost-sharing mechanism (such as deductibles, copayments, or coinsurance), the absence of a surcharge, or the value of a benefit that would otherwise not be provided under the plan. The Secretaries of Labor, Health and Human Services, and the Treasury may increase the reward available under this subparagraph to up to 50 percent of the cost of coverage under the plan if such Secretaries determine that such an increase is appropriate. ``(B) The wellness program shall be reasonably designed to promote health or prevent disease. A program satisfies this subparagraph if it has a reasonable chance of improving the health of or preventing disease in participating individuals and it is not overly burdensome, is not a subterfuge for discriminating based on a health factor, and is not highly suspect in the method chosen to promote health or prevent disease. At least once per year, each plan or issuer offering a wellness program shall evaluate the reasonableness of such program. ``(C) The program shall give individuals eligible for the program the opportunity to qualify for the reward under the program at least once per year. ``(D)(i) The reward under the program shall be available to all similarly situated individuals. ``(ii) For purposes of clause (i), a reward is not available to all similarly situated individuals for a period unless the program allows-- ``(I) a reasonable alternative standard (or waiver of the otherwise applicable standard) for obtaining the reward for any individual for whom, for that period, it is unreasonably difficult due to a medical condition to satisfy the otherwise applicable standard; and ``(II) a reasonable alternative standard (or waiver of the otherwise applicable standard) for obtaining the reward for any individual for whom, for that period, it is medically inadvisable to attempt to satisfy the otherwise applicable standard. ``(iii) A plan or issuer may seek verification, such as a statement from an individual's physician, that a health factor makes it unreasonably difficult or medically inadvisable for the individual to satisfy or attempt to satisfy the otherwise applicable standard. ``(E)(i) The plan or issuer shall disclose in all plan materials describing the terms of the program the availability of a reasonable alternative standard (or the possibility of waiver of the otherwise applicable standard) required under subparagraph (D). If plan materials merely mention that a program is available, without describing its terms, such disclosure is not required. ``(ii) The following language, or similar language, may be used to satisfy the requirement of this subparagraph: `If it is unreasonably difficult due to a medical condition for you to achieve the standards for the reward under this program, or if it is medically inadvisable for you to attempt to achieve the standards for the reward under this program, call us at [insert telephone number] and we will work with you to develop another way to qualify for the reward.'. ``(5) Regulations.--The Secretaries of Labor, Health and Human Services, and the Treasury may promulgate regulations, as appropriate, to carry out this subsection. ``(6) Effective date.--This subsection shall take effect on the date of enactment of the BE WELL Act. ``(7) Existing wellness programs.--During the period of time between the date of enactment of the BE WELL Act and the date on which the Secretaries of Labor, Health and Human Services, and the Treasury establish regulations to effectuate this subsection, a wellness program that was established prior to the date of enactment of the BE WELL Act may continue to operate in accordance with the requirements in effect on the day before such date of enactment.''. (b) PHSA Group Market.--Section 2702(b) of the Public Health Service Act (42 U.S.C. 300gg-1(b)) is amended by adding at the end the following: ``(4) Programs of health promotion and disease prevention.--The provisions of section 9802(h) of the Internal Revenue Code of 1986 shall apply to programs of health promotion and disease prevention offered through a group health plan or a health insurance issuer offering group health insurance coverage.''. (c) ERISA.--Section 702(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1182(b)) is amended by adding at the end the following: ``(4) Programs of health promotion and disease prevention.--The provisions of section 9802(h) of the Internal Revenue Code of 1986 shall apply to programs of health promotion and disease prevention offered through a group health plan or a health insurance issuer offering group health insurance coverage.''. (d) Application of Wellness Programs Provisions to Carriers Providing Federal Employee Health Benefits Plans.-- (1) In general.--Notwithstanding section 8906 of title 5, United States Code (including subsections (b)(1) and (b)(2) of such section), subsections (a), (b), and (c) of this section, including the amendments made by those subsections (relating to wellness programs), shall apply to carriers entering into contracts under section 8902 of title 5, United States Code. (2) Proposals.--Carriers may submit separate proposals relating to voluntary wellness program offerings as part of the annual call for benefit and rate proposals to the Office of Personnel Management. (3) Effective date.--This subsection shall take effect on the date of enactment of this Act and shall apply to contracts entered into under section 8902 of title 5, United States Code, that take effect with respect to calendar years that begin more than 1 year after that date. (e) State Demonstration Project.--Subpart 1 of part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.) is amended by adding at the end the following: ``SEC. 2746. WELLNESS PROGRAM DEMONSTRATION PROJECT. ``(a) In General.--Not later than July 1, 2014, the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, shall establish a 10-State demonstration project under which participating States shall apply the provisions of 9802(h) of the Internal Revenue Code of 1986 to programs of health promotion offered by a health insurance issuer that offers health insurance coverage in the individual market in such State. ``(b) Expansion of Demonstration Project.--If the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury, determines that the demonstration project described in subsection (a) is effective, such Secretaries may, beginning on July 1, 2017, expand such demonstration project to include additional participating States. ``(c) Requirements.--States that participate in the demonstration project under this section shall-- ``(1) ensure that requirements of consumer protection are met in programs of health promotion in the individual market; ``(2) require verification from health insurance issuers that offer health insurance coverage in the individual market of such State that premium discounts-- ``(A) do not create undue burdens for individuals insured in the individual market; ``(B) do not lead to cost shifting; and ``(C) are not a subterfuge for discrimination; and ``(3) ensure that consumer data is protected in accordance with the requirements of section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(d) Existing Programs of Health Promotion or Disease Prevention.--Nothing in this section shall preempt any State law related to programs of health promotion offered by a health insurance issuer that offers health insurance coverage in the individual market in such State that was established or adopted by State law on or after the date of enactment of the BE WELL Act. ``(e) Regulations.--The Secretaries of Health and Human Services and the Treasury may promulgate regulations, as appropriate, to carry out this section.''. (f) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor, shall submit a report to the appropriate committees of Congress concerning-- (A) the effectiveness of wellness programs (as defined in section 9802(h)(2) of the Internal Revenue Code of 1986, as added by subsection (a)) in promoting health and preventing disease; (B) the impact of such wellness programs on the access to care and affordability of coverage for participants and non-participants of such programs; (C) the impact of premium-based and cost-sharing incentives on participant behavior and the role of such programs in changing behavior; and (D) the effectiveness of different types of rewards. (2) Data collection.--In preparing the report described in paragraph (1), the Secretaries shall gather relevant information from employers who provide employees with access to wellness programs, including State and Federal agencies.

Summary: Building Efforts for Wellness and Encouraging Longer Lives Act or the BE WELL Act - Amends the Internal Revenue Code to establish standards for programs of health promotion and disease prevention (wellness programs), including a system of rewards and reimbursements for voluntarily adopting healthy behaviors, including participation in fitness and smoking cessation programs. Applies such standards to group plans under the Public Health Service Act and federal employee health benefit plans. Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish a 10-state demonstration project to apply wellness program standards to state health insurance plans.