Input:
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''.

Output:
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.


Input:
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.

Output:
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.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Managed Care Integrity Act of
2001''.

SEC. 2. LIMITATION OF ADMINISTRATIVE EXPENSES AND PROFITS OF MANAGED
              CARE ENTITIES.

    (a) Application to Managed Care Entities.--
            (1) In general.--Notwithstanding any other provision of
        law, each health benefits plan offered by a managed care entity
        shall ensure that, with respect to a contract year, the
        actuarial value of the aggregate benefits provided under the
        plan during such year to enrollees is not less than 85 percent
        of the aggregate amount of payments received from, or on behalf
        of, such enrollees for such year.
            (2) Waiver of requirements.--
                    (A) In general.--The Secretary of Health and Human
                Services may waive the requirement of paragraph (1) for
                a 12-month period with respect to a managed care entity
                if the Secretary determines, based on the
                recommendations of the agency responsible for licensing
                such entity (or the health care plans of such entity)
                in a State, that--
                            (i) the solvency of the entity is in
                        jeopardy; or
                            (ii) compliance with the requirement would
                        cause the entity to fail to meet the solvency
                        requirements required for licensure in the
                        State.
                    (B) Renewals.--The Secretary of Health and Human
                Services may renew a waiver under subparagraph (A),
                except that the no waiver may be granted for a period
                in excess of 24 months in any 36-month period.
            (3) Administrative costs.--
                    (A) Limitation.--For purposes of this subsection,
                the costs associated with the management and operation
                of a managed care plan (including the costs of
                compensation and personnel fringe benefits, interest
                expenses, costs of occupancy of a facility, and
                marketing costs) shall not be included in determining
                the actuarial value of the aggregate benefits provided
                under the plan.
                    (B) Regulations.--The Secretary of Health and Human
                Services shall promulgate regulations to define ``costs
                associated with the management and operation of a
                manages care plan'' for purposes of subparagraph (A).
            (4) Definition.--For purposes of this subsection, the term
        ``managed care entity'' shall include--
                    (A) managed care entities providing health care
                coverage for individuals under a group health plan or
                individual health insurance coverage;
                    (B) medicaid managed care organizations as defined
                in section 1903(m)(1)(A) of the Social Security Act (42
                U.S.C. 1396b(m)(1)(A));
                    (C) managed care entities that provide health care
                coverage for individuals under the Federal Employees
                Health Benefits Program under chapter 89 of title 5,
                United States Code; and
                    (D) managed care entities that provide health care
                coverage for members of the armed forces and their
                families under chapter 55 of title 10, United States
                Code.
            (5) Effective date.--Paragraph (1) shall apply to contract
        years beginning on or after January 1, 2002.
            (6) Enforcement.--The Secretary of Health and Human
        Services shall develop formal investigation and compliance
        procedures with respect to complaints received by the Secretary
        concerning the failure of a health benefits plan to comply with
        the provisions of this subsection. Under such procedures--
                    (A) the Secretary shall provide the plan with the
                reasonable opportunity to develop and implement a
                corrective action plan to correct the deficiencies that
                were the basis of the complaint received by the
                Secretary; and
                    (B) the Secretary shall provide the plan with
                reasonable notice and opportunity for a hearing
                (including the right to appeal an initial decision)
                prior to applying the sanctions described in subsection
                (c).
    (b) Medicare+Choice Organizations.--
            (1) In general.--Section 1852 of the Social Security Act
        (42 U.S.C. 1395w-22) is amended by adding at the end the
        following new subsection:
    ``(l) Requirement Relating to the Provision of Benefits.--
            ``(1) In general.--Each Medicare+Choice plan offered by a
        Medicare+Choice organization shall ensure that, with respect to
        a contract year, the actuarial value of the aggregate benefits
        provided under the plan during such year to Medicare+Choice
        eligible individuals enrolled in the plan is not less than 85
        percent of the aggregate amount of payments received from, or
        on behalf of, such individuals for such year.
            ``(2) Waiver of requirement.--
                    ``(A) In general.--The Secretary may waive the
                requirement under paragraph (1) for a 12-month period
with respect to a Medicare+Choice plan offered by a Medicare+Choice
organization, if the Secretary determines, based, except for an
organization with a waiver under section 1855(a)(2), on the
recommendations of the agency responsible for licensing such plan in a
State, that--
                            ``(i) the solvency of the Medicare+Choice
                        organization is in jeopardy; or
                            ``(ii) compliance with the requirement
                        would cause the Medicare+Choice organization to
                        fail to meet the solvency requirements required
                        for licensure in the State or under this part.
                    ``(B) Renewals.--The Secretary may renew a waiver
                under subparagraph (A), except that no waiver may be
                granted for a period in excess of 24 months in any 36-
                month period.
            ``(3) Administrative costs.--
                    ``(A) Limitation.--For purposes of this subsection,
                the costs associated with the management and operation
                of a Medicare+Choice plan (including the costs of
                compensation and personnel fringe benefits, interest
                expenses, costs of occupancy of a facility, and
                marketing costs) shall not be included in determining
                the actuarial value of the aggregate benefits provided
                under the plan.
                    ``(B) Regulations.--The Secretary shall promulgate
                regulations to define `costs associated with the
                management and operation of a manages care plan' for
                purposes of subparagraph (A).
            ``(4) Enforcement.--The Secretary may terminate a contract
        with a Medicare+Choice organization under section 1857 in
        accordance with formal investigation and compliance procedures
        established by the Secretary under which--
                    ``(A) the Secretary provides the organization with
                the reasonable opportunity to develop and implement a
                corrective action plan to correct the deficiencies that
                were the basis of the Secretary's determination under
                this paragraph; and
                    ``(B) the Secretary provides the organization with
                reasonable notice and opportunity for hearing
                (including the right to appeal an initial decision)
                before terminating the contract.''.
            (2) Effective date.--The amendment made by paragraph (1)
        shall apply to contract years beginning on or after January 1,
        2002.
    (c) Sanctions.--
            (1) In general.--If the Secretary of Health and Human
        Services determines that a health benefits plan or a
        Medicare+Choice organization fails substantially to comply with
        the provision of this Act or section 1852(l) of the Social
        Security Act the Secretary may provide, in addition to any
        other remedies authorized by law, for any of the remedies
        described in paragraph (2).
            (2) Remedies.--The remedies described in this paragraph
        are--
                    (A) civil money penalties of not more than $25,000
                for each determination under paragraph (1) or, with
                respect to such a determination involving
                misrepresentation or falsifying information, of not
                more than $100,000 for each such determination; and
                    (B) with respect to Medicare+Choice organizations--
                            (i) suspension of enrollment of individuals
                        under part C of title XVIII of the Social
                        Security Act after the date the Secretary
                        notifies the organization of a determination
                        under paragraph (1) and until the Secretary is
                        satisfied that the basis for such determination
                        has been corrected and is not likely to recur;
                        or
                            (ii) suspension of payment to the
                        organization under such part for individuals
                        enrolled after the date the Secretary notifies
                        the organization of a determination under
                        paragraph (1) and until the Secretary is
                        satisfied that the basis for such determination
                        has been corrected and is not likely to recur.

Output: Managed Care Integrity Act of 2001 - Requires health benefits plans offered by managed care entities to ensure that the actuarial value of the aggregate plan benefits is at least 85 percent of the aggregate amount of payments received from, or on behalf of, plan enrollees. Waives such requirement for a limited period if an entity's solvency is in jeopardy or compliance would cause the entity's failure to meet State solvency requirements. Includes Medicaid managed care organizations and managed care entities providing health care coverage for Federal employees and members of the armed forces within the definition of "managed care entity."Requires the Secretary of Health and Human Services to develop related investigation and compliance procedures.Amends title XVIII (Medicare) of the Social Security Act to apply the requirements of this Act to Medicare+Choice organizations.Sets forth noncompliance remedies.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Desert Community Lands Act''.

SEC. 2. CONVEYANCE FOR APPLE VALLEY OFF-HIGHWAY VEHICLE RECREATION
              AREA.

    (a) Definitions.--In this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (2) Town.--The term ``Town'' means the town of Apple
        Valley, California.
    (b) Conveyance of Federal Land to Town.--
            (1) Conveyance required.--At the request of the Town, not
        later than 5 years after the date of the enactment of this Act,
        the Secretary shall convey to the Town, without consideration,
        all right, title, and interest of the United States in and to
        the surface estate of the approximately 4,630 acres of land
        generally depicted as ``Proposed Conveyance Area'' on the map
        entitled ``Conveyance to Town of Apple Valley'' and dated June
        1, 2015. Such land shall be known and designated as the ``Apple
        Valley Off-Highway Vehicle Recreation Area''.
            (2) Existing rights and mineral estate.--The conveyance
        under this subsection--
                    (A) is subject to valid existing rights; and
                    (B) does not include the mineral estate.
    (c) Use of Conveyed Land.--
            (1) In general.--The land conveyed under subsection (b) may
        be used by the Town for any public purpose authorized in
        paragraph (2), consistent with the Act of June 14, 1926
        (commonly known as the Recreation and Public Purposes Act; 43
        U.S.C. 869 et seq.).
            (2) Authorized purposes.--The purposes of the conveyance
        under subsection (b) are to allow the Town to use the conveyed
        land to provide--
                    (A) a suitable location for the establishment of a
                centralized off-road vehicle recreation park;
                    (B) the public with opportunities for off-road
                vehicle recreation, including a location for races,
                competitive events, training and other commercial
                services that directly support a centralized off-road
                vehicle recreation area and Town park; and
                    (C) a designated area and facilities that would
                discourage unauthorized use of off-highway vehicles in
                areas that have been identified by the Federal
                Government, the State of California, or San Bernardino
                County as containing environmentally sensitive land.
            (3) Disposal prohibited.--The land conveyed under
        subsection (b) may not be disposed of by the Town without the
        approval of the Secretary.

SEC. 3. CONVEYANCE TO CITY OF TWENTYNINE PALMS, CALIFORNIA.

    (a) Conveyance Required.--At the request of the city of Twentynine
Palms, California, not later than 1 year after the date of the
enactment of this Act, the Secretary of the Interior shall convey to
the city of Twentynine Palms, California, without consideration, all
right, title, and interest of the United States in and to the surface
estate of the land generally depicted as ``Proposed Conveyance to
Twentynine Palms'' on the map entitled ``Proposed Conveyance to
Twentynine Palms'' and dated September 18, 2015.
    (b) Existing Rights and Mineral Estate.--The conveyance under this
section--
            (1) is subject to valid existing rights; and
            (2) does not include the mineral estate.

SEC. 4. CONVEYANCE TO CITY OF BARSTOW, CALIFORNIA.

    (a) Conveyance Required.--At the request of the city of Barstow,
California, not later than 1 year after the date of the enactment of
this Act, the Secretary of the Interior shall convey to the city of
Barstow, California, without consideration, all right, title, and
interest of the United States in and to the surface estate of the land
generally depicted as ``Proposed Conveyance'' on the map entitled
``Proposed Conveyance to the City of Barstow'' and dated January 13,
2017.
    (b) Existing Rights and Mineral Estate.--The conveyance under this
section--
            (1) is subject to valid existing rights; and
            (2) does not include the mineral estate.

SEC. 5. CONVEYANCE TO CITY OF VICTORVILLE, CALIFORNIA.

    (a) Conveyance Required.--At the request of the city of
Victorville, California, not later than 1 year after the date of the
enactment of this Act, the Secretary of the Interior shall convey to
the city of Victorville, California, without consideration, all right,
title, and interest of the United States in and to the surface estate
of the land generally depicted as ``Proposed Conveyance'' on the map
entitled ``Proposed Conveyance to the City of Victorville'' and dated
April 25, 2017.
    (b) Existing Rights and Mineral Estate.--The conveyance under this
subsection--
            (1) is subject to valid existing rights;
            (2) does not include the mineral estate; and
            (3) is subject to the reservation of a permanent easement
        and right of way for flood control, utility, pipeline, or
        telecommunications facilities located within the strips of land
        described in the right of way grant from the United States
        Department of the Interior to Pacific Gas and Electric Company,
        Serial Number R 06259, dated March 2, 1965, and the easement
        from J. Harley Long to Pacific Gas and Electric Company, dated
        February 4, 1957, and recorded in Book 4192, Official Records
        at page 42, San Bernardino County Records. These easements
        include the right, at any time and from time to time, to
        construct, reconstruct, maintain, operate, replace, remove,
        repair, renew, and enlarge facilities for public utility
        purposes, the right to trim and cut down trees and brush that
        the public utility may deem to be a hazard to its facilities,
        and the requirement that the strips of land be kept open and
        free of buildings, structures, and wells of any kind.

Output: Desert Community Lands Act This bill directs the Department of the Interior to convey, without consideration, to the town of Apple Valley in California the surface estate of specified land, to be known and designated as the Apple Valley Off-Highway Vehicle Recreation Area.  The conveyed land may be used by the town to provide: (1) a suitable location for the establishment of a centralized, off-road vehicle recreation park; (2) the public with opportunities for off-road vehicle recreation; and (3) a designated area and facilities that would discourage unauthorized use of off-highway vehicles in areas that have been identified by the federal government, the state of California, or San Bernardino County, California, to contain environmentally sensitive land.  Such land may not be disposed of by the town without Interior's approval.  Interior may develop a special management plan for the recreation area to enhance the safe use of off-highway vehicles for recreational purposes. Interior shall convey, without consideration, the surface estate of specified lands to the cities of Twentynine Palms, Barstow, and Victorville in California.  All land conveyances under this bill are subject to valid existing rights and do not include the mineral estate in the lands conveyed.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bay Area Regional Water Recycling
Program Projects Authorization Act of 2006''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Feasible.--The term ``feasible'' means a project for
        which--
                    (A) the planning and environmental studies,
                together with supporting materials and documentation,
                have been prepared consistent with Bureau of
                Reclamation procedures for projects under consideration
                for financial assistance under the Reclamation
                Wastewater and Groundwater Study and Facilities Act
                (title XVI of Public Law 102-575, as amended, and
                section 103(d)(3)(F) of the Water Supply, Reliability,
                and Environmental Improvement Act (Public Law 108-361);
                and
                    (B) the planning and environmental studies,
                together with supporting materials and documentation,
                demonstrate that the project meets the requirements of
                section 1604 of the Reclamation Wastewater and
                Groundwater Study and Facilities Act (title XVI of
                Public Law 102-575), as amended.
            (2) Financially capable project sponsor.--The term
        ``financially capable project sponsor'' means a non-Federal
        project sponsor that is capable of providing--
                    (A) the non-Federal share of the project costs; and
                    (B) 100 percent of the operations and maintenance
                costs of the project.
            (3) Non-federal project sponsor.--The term ``non-Federal
        project sponsor'' means a State, regional, or local authority
        or other qualifying entity, such as a water conservation
        district, water conservancy district, or rural water district
        or association.
            (4) Technically and financially viable project.--The term
        ``technically and financially viable project'' means a project
        that--
                    (A) is a technically viable project; and
                    (B) has a financially capable project sponsor.
            (5) Technically viable project.--The term ``technically
        viable project'' means a project that--
                    (A) meets generally acceptable engineering, public
                health, and environmental standards; and
                    (B) has obtained or is expected to obtain approval
                of all Federal, State, and local permits necessary for
                implementation of the project.

SEC. 3. BAY AREA REGIONAL WATER RECYCLING PROGRAM PROJECTS.

    (a) Feasible and Viable.--The Bay Area Regional Water Recycling
Program projects described in the amendments made by section 4(a) are
hereby--
            (1) determined to be feasible and eligible for financial
        assistance under the Reclamation Wastewater and Groundwater
        Study and Facilities Act (Public Law 102-575, title XVI; 43
        U.S.C. 390h et seq.); and
            (2) confirmed as technically and financially viable
        projects.
    (b) Statutory Construction.--Nothing in this section shall be
construed to affect the applicability of the National Environmental
Policy Act of 1969, or any other Federal or State law, with regard to
the Bay Area Regional Water Recycling Program projects described in the
amendments made by section 4(a).

SEC. 4. PROJECT AUTHORIZATIONS.

    (a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) is amended by adding at the end the following:

``SEC. 16XX. CITY OF PALO ALTO WATER REUSE PROJECT.

    ``(a) Authorization.--The Secretary, in cooperation with the City
of Palo Alto, California, is authorized to participate in the design,
planning, and construction of recycled water distribution systems.
    ``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
    ``(e) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
the enactment of this section.

``SEC. 16XX. PITTSBURG RECYCLED WATER PROJECT.

    ``(a) Authorization.--The Secretary, in cooperation with the City
of Pittsburg, California, and the Delta Diablo Sanitation District, is
authorized to participate in the design, planning, and construction of
recycled water system facilities.
    ``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,300,000.
    ``(e) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
the enactment of this section.

``SEC. 16XX. ANTIOCH RECYCLED WATER PROJECT.

    ``(a) Authorization.--The Secretary, in cooperation with the City
of Antioch, California, and the Delta Diablo Sanitation District, is
authorized to participate in the design, planning, and construction of
recycled water system facilities.
    ``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,250,000.
    ``(e) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
the enactment of this section.

``SEC. 16XX. PACIFICA RECYCLED WATER PROJECT.

    ``(a) Authorization.--The Secretary, in cooperation with the City
of Pacifica, California, and the North Coast County Water District, is
authorized to participate in the design, planning, and construction of
recycled water system facilities.
    ``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,400,000.
    ``(e) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
the enactment of this section.

``SEC. 16XX. REDWOOD CITY RECYCLED WATER PROJECT.

    ``(a) Authorization.--The Secretary, in cooperation with the City
of Redwood City, California, is authorized to participate in the
design, planning, and construction of recycled water system facilities.
    ``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,100,000.
    ``(e) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
the enactment of this section.

``SEC. 16XX. SOUTH SANTA CLARA COUNTY RECYCLED WATER PROJECT.

    ``(a) Authorization.--The Secretary, in cooperation with the City
of Gilroy, California, and the Santa Clara Valley Water District, is
authorized to participate in the design, planning, and construction of
recycled water system distribution facilities.
    ``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
    ``(c) Limitation.--The Secretary shall not provide funds for the
operation and maintenance of the project authorized by this section.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000.
    ``(e) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
the enactment of this section.''.
    (b) Conforming Amendments.--The table of sections in section 2 of
Public Law 102-575 is amended by inserting after the item relating to
section 16xx the following:

``Sec. 16xx. Palo Alto Water Reuse Project.
``Sec. 16xx. Pittsburg Recycled Water Project.
``Sec. 16xx. Antioch Recycled Water Project.
``Sec. 16xx. Pacifica Recycled Water Project.
``Sec. 16xx. Redwood City Recycled Water Project.
``Sec. 16xx. South Santa Clara County Recycled Water Project.''.

Output:
Bay Area Regional Water Recycling Program Projects Authorization Act of 2006 - Deems the Bay Area Regional Water Recycling Program projects authorized by this Act to be feasible and eligible for financial assistance under the Reclamation Wastewater and Groundwater Study and Facilities Act. Confirms such projects as technically and financially viable.

Authorizes the Secretary of the Interior to participate in the design, planning, and construction of recycled water distribution systems or recycled water system facilities in cooperation with: (1) Palo Alto, California; (2) Pittsburg, California, and the Delta Diablo Sanitation District; (3) Antioch, California, and the Delta Diablo Sanitation District; (4) Pacifica, California, and the North Coast County Water District; (5) Redwood City, California; and (6) Gilroy, California, and the Santa Clara Valley Water District. Limits the federal share to 25% of each project's cost. Terminates the Secretary's authority to carry out this Act 10 years after its enactment.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alcohol Advertising Accountability
Act of 1996''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) In 1995, the Department of Health and Human Services
        found that there is a significant underage drinking problem and
        estimated that there are 11 million drinkers of alcoholic
        beverages who are under the age of 21. Of that number, 2
        million are heavy drinkers of such beverages.
            (2) In 1995, the proportion of students having 5 or more
        drinks in a row during the 2 week period preceding the
        Monitoring the Future Survey were 15 percent for 8th graders,
        24 percent for 10th graders, and 30 percent for 12th graders.
            (3) The median age at which children begin drinking
        alcoholic beverages is just over 13 years. 67 percent of
        students in the 8th grade have tried an alcoholic beverage.
            (4) A 1995 survey found that 50 percent of the teenagers
        who were asked said that alcohol is a more serious problem
        among today's youth than illicit drugs.
            (5) In 1993, nearly 10 percent (over 110,000) of the
        clients admitted to State-funded alcohol treatment programs
        were under the age of 21.
            (6) Alcoholic beverage companies spent $2 billion to
        advertise and promote their products in 1995. The budget of the
        National Institute on Alcohol Abuse and Alcoholism for the same
        year was $176 million.
            (7) According to a study published in the American Journal
        of Public Health, viewing beer ads on television may predispose
        young people to drinking beer. Children who are more aware of
        beer advertisements hold more favorable beliefs about drinking
        beer and intend to drink beer more frequently as adults.
            (8) Almost half of all adults think that alcohol industry
        advertising greatly influences underage youth to drink
        alcoholic beverages, another one-third think industry
        advertising has some influence.

SEC. 3. REPORT OF SECRETARY ON ALCOHOL ADVERTISING.

    (a) Action by the Secretary.--The Secretary of Health and Human
Services shall report annually to the Congress on alcohol advertising,
its profile and its effects. To assist the Secretary in gathering
information for such report, the Secretary shall establish a panel made
up of such individuals as the Secretary, in the Secretary's discretion,
may select from individuals in the Department of Health and Human
Services or any other Federal agency.
    (b) Panel Function.--The panel established by the Secretary of
Health and Human Services under subsection (a) shall review alcohol
advertising in all media, including broadcast and cable television,
other electronic means, and print and outdoor advertising and review
promotional activities undertaken to promote the sale of alcoholic
beverages. The Secretary shall convene at least 2 public hearings
before the panel established under subsection (a) each year and shall
have the panel conduct a hearing in each of the regional offices of the
Department of Health and Human Services over the 5-year period
beginning on the date of the enactment of this Act.
    (c) Report Content.--The report of the Secretary of Health and
Human Services under subsection (a) shall be developed on the basis of
the work conducted by the panel established under subsection (a) and
shall include--
            (1) an identification of--
                    (A) the media used by alcohol advertising to reach
                children,
                    (B) the total expenditures for alcoholic beverage
                advertising in each media and in promotions,
                    (C) the extent to which media program audiences are
                under the age of 21,
                    (D) an identification of the types and themes of
                alcohol advertising in all media (especially in
                broadcast) and other electronic means,
                    (E) any graphics, slogans, children's characters,
                and techniques that are used and that appeal to youth,
                and
                    (F) the extent to which other promotional efforts
                used to market alcoholic beverages which appear in
                clothing, sporting events, contests, and concerts
                appeal to individuals under the age of 21;
            (2) a determination of the extent to which young people are
        exposed to alcohol advertising and promotions of alcoholic
        beverages;
            (3) an evaluation of the relationship between alcohol
        advertising practices and underage drinking, drunk driving, and
        related public health problems; and
            (4) an evaluation of alcohol industry sponsored campaigns
        addressing public service and prevention messages for underage
        drinking, drunk driving, and other alcohol-related topics.
    (d) Recommendations.--The report of the Secretary of Health and
Human Services under subsection (a) shall also include such
recommendations for legislation as the Secretary determines are
appropriate.

Output: Alcohol Advertising Accountability Act of 1996 - Mandates:  (1) an annual report to the Congress on alcohol advertising, its profile, and its effects, along with recommendations for legislation; and (2) establishment of a panel to assist in gathering information for the report.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mortgage Cancellation Relief Act of
2004''.

SEC. 2. EXCLUSION FROM GROSS INCOME FOR CERTAIN FORGIVEN MORTGAGE
              OBLIGATIONS.

    (a) In General.--Paragraph (1) of section 108(a) of the Internal
Revenue Code of 1986 (relating to exclusion from gross income) is
amended by striking ``or'' at the end of subparagraph (C), by striking
the period at the end of subparagraph (D) and inserting ``, or'', and
by inserting after subparagraph (D) the following new subparagraph:
                    ``(E) in the case of an individual, the
                indebtedness discharged is qualified residential
                indebtedness.''.
    (b) Qualified Residential Indebtedness Shortfall.--Section 108 of
such Code (relating to discharge of indebtedness) is amended by adding
at the end the following new subsection:
    ``(h) Special Rules for Qualified Residential Indebtedness.--
            ``(1) Limitations.--
                    ``(A) In general.--The amount excluded under
                subparagraph (E) of subsection (a)(1) with respect to
                any qualified residential indebtedness shall not exceed
                the excess (if any) of--
                            ``(i) the outstanding principal amount of
                        such indebtedness (immediately before the
                        discharge), over
                            ``(ii) the sum of--
                                    ``(I) the amount realized from the
                                sale of the real property securing such
                                indebtedness reduced by the cost of
                                such sale, and
                                    ``(II) the outstanding principal
                                amount of any other indebtedness
                                secured by such property.
                    ``(B) Overall limitation.--The amount excluded
                under subparagraph (E) of subsection (a)(1) with
                respect to any qualified residential indebtedness shall
                not exceed $50,000.
            ``(2) Qualified residential indebtedness.--
                    ``(A) In general.--The term `qualified residential
                indebtedness' means indebtedness which--
                            ``(i) was incurred or assumed by the
                        taxpayer in connection with real property used
                        by the taxpayer as a principal residence
                        (within the meaning of section 121) and is
                        secured by such real property,
                            ``(ii) is incurred or assumed to acquire,
                        construct, reconstruct, or substantially
                        improve such real property, and
                            ``(iii) with respect to which such taxpayer
                        makes an election to have this paragraph apply.
                    ``(B) Refinanced indebtedness.--Such term shall
                include indebtedness resulting from the refinancing of
                indebtedness under subparagraph (A)(ii), but only to
                the extent the refinanced indebtedness does not exceed
                the amount of the indebtedness being refinanced.
                    ``(C) Exceptions.--Such term shall not include
                qualified farm indebtedness or qualified real property
                business indebtedness.
            ``(3) Regulations.--The Secretary may by regulation provide
        for the disallowance of an exclusion under this section by
        reason of subparagraph (E) of subsection (a)(1) in cases where
        the failure to repay the indebtedness is due to the bad faith
        of the taxpayer.''.
    (c) Conforming Amendments.--
            (1) Paragraph (2) of section 108(a) of such Code is
        amended--
                    (A) in subparagraph (A) by striking ``and (D)'' and
                inserting ``(D), and (E)'', and
                    (B) by amending subparagraph (B) to read as
                follows:
                    ``(B) Insolvency exclusion takes precedence over
                qualified farm exclusion, qualified real property
                business exclusion, and qualified residential shortfall
                exclusion.--Subparagraphs (C), (D), and (E) of
                paragraph (1) shall not apply to a discharge to the
                extent the taxpayer is insolvent.''.
            (2) Paragraph (1) of section 108(b) of such Code is amended
        by striking ``or (C)'' and inserting ``(C), or (E)''.
            (3) Subsection (b) of section 121 of such Code is amended
        by adding at the end the following new paragraph:
            ``(4) Special rule relating to discharge of indebtedness.--
        The amount of gain which (but for this paragraph) would be
        excluded from gross income under subsection (a) with respect to
        a principal residence shall be reduced by any amount excluded
        from the gross income of the taxpayer under section
        108(a)(1)(E) with respect to such residence.''.
    (d) Effective Date.--The amendments made by this section shall
apply to discharges after the date of the enactment of this Act.

Output: Mortgage Cancellation Relief Act of 2004 - Amends the Internal Revenue Code to exclude from gross income amounts up to $50,000 attributable to the discharge of certain residential mortgage obligations.


Input:
SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Reducing Special
Education Through Prevention Act''.

SEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.

    (a) In General.--Part D of the Individuals with Disabilities
Education Act (20 U.S.C. 1451 et seq.) is amended by adding at the end
the following:

``Subpart 3--Grants To Improve School-Based Early Intervention Services
                for Children With Emotional Disturbances

``SEC. 691. FINDINGS; PURPOSE.

    ``(a) Findings.--Congress finds the following:
            ``(1) During 2002-2001 approximately 472,932 children
        between the ages of 6 and 21 who were receiving special
        education and related services were identified as having
        emotional disturbances--a 21.8 percent increase from the number
        of such children so identified during 1990-1991. These children
        with emotional disturbances represent 7.7 percent of the total
        number of children with disabilities and approximately 1
        percent of the general population of the United States.
            ``(2) It is estimated that up to 19 percent of the total
        number of students in elementary and secondary schools in the
        United States exhibit symptoms of emotional disturbance or
        symptoms of other mental health conditions, but only 1 percent
        of such students are properly identified as such and receive
        necessary services. These students fail more classes, miss more
        days of school, have lower grades, are more frequently retained
        at the same grade level for more than 1 school year, drop out
        from school more frequently, and have lower graduation rates
        than do other students with disabilities.
            ``(3) At the Conference on Children's Mental Health in
        September 2000, the Surgeon General stated that `[c]hildren and
        families are suffering because of missed opportunities for
        prevention and early identification [of children with emotional
        disturbances], fragmented services, and low priorities for
        resources'.
            ``(4) Goal Number 3 of the Conference on Children's Mental
        Health Report is to improve the assessment and recognition of
        the mental health needs of children, including through the
        following actions:
                    ``(A) Encourage early identification of mental
                health needs in existing preschool, childcare,
                education, health, welfare, juvenile justice, and
                substance abuse treatment systems.
                    ``(B) Promote cost-effective, proactive systems of
                behavior support at the school level. These systems of
                behavior support should emphasize universal, primary
                prevention methods that recognize the unique
differences of all children and youth, but should include selective
individual student support for those students with more intense and
long-term needs.
            ``(5) Improving outcomes for children with emotional
        disturbances depends not only on improving the learning
        opportunities of such children, but also on promoting effective
        coordination among schools, families, and systems that provide
        services for such children, such as the social services,
        health, mental health, child welfare, and juvenile justice
        systems. Positive results of such coordination include
        increased retention in school, improved educational outcomes,
        and the cognitive, emotional, and behavioral development of
        such children.
            ``(6) Increased academic performance, improved attendance,
        increased engagement in academic activities, and fewer
        disruptions to the learning environment are a few of the many
        positive outcomes documented when systems that provide services
        for children with emotional disturbances include a continuum of
        services such as prevention, early intervention at the first
        indication of a mental health problem or behavioral difficulty
        of a child, and treatment of severe and chronic mental health
        problems.
            ``(7) Surveys of school administrators indicate that
        behavioral problems, lack of discipline, safety of students,
        and violence in schools are among top concerns with respect to
        public education today. Teachers spend inordinate amounts of
        time and energy during the school day managing student
        misbehavior and conflict--time and energy that could be spent
        on teaching and learning.
            ``(8) Effective early intervention strategies to reduce the
        number of children who have, or who are at risk of developing,
        emotional disturbances currently exist. As the National Academy
        of Sciences concluded in its 2002 report ``Minority Students in
        Special and Gifted Education'', early intervention for children
        at risk of behavorial problems ``has been demonstrated to be
        considerably greater than the effectiveness of later,
        postfailure intervention''.
    ``(b) Purpose.--The purpose of this subpart is to develop and
implement strategies to reduce the number of children who have, or who
are at risk of developing, emotional disturbances that require the
provision of special education and related services under this Act.

``SEC. 692. AUTHORIZATION.

    ``(a) In General.--The Secretary is authorized to make grants for a
three-year period to State educational agencies and local educational
agencies to develop and implement effective strategies to reduce the
number of children who have, or who are at risk of developing,
emotional disturbances that require the provision of special education
and related services under this Act.
    ``(b) Priority.--In making grants under subsection (a), the
Secretary shall give priority to State educational agencies and local
educational agencies that agree to provide additional annual reports to
the Secretary in accordance with section 697 after completion of the
term of the grant.

``SEC. 693. APPLICATION.

    ``(a) In General.--A State educational agency or local educational
agency that desires to receive a grant under this subpart shall submit
to the Secretary an application at such time, in such manner, and
including such information as the Secretary may require.
    ``(b) Contents.--The application shall include the following:
            ``(1) A description of a plan, developed in consultation
        with families of children who will be eligible to participate
        in activities carried out under this subpart, teachers, and
        mental health and related service providers, to carry out
        activities under the grant.
            ``(2) A description of prevention and early intervention
        services provided to date in schools with respect to which
        activities under a grant under this subpart are proposed to be
        carried out.
            ``(3) A description of the outcome measures that will be
        used to demonstrate the effectiveness of activities carried out
        to achieve the purpose of this subpart and to comply with the
        requirements of paragraphs (4) and (5) of section 694(b).
            ``(4) A description of the funding structure of amounts
        received under a grant under this subpart, including a detailed
        description for compliance with the matching requirement under
        section 695.
            ``(5) Assurances that activities carried out under this
        subpart will be culturally competent.
            ``(6) Assurances that amounts received under a grant under
        this subpart will be used to supplement and not supplant
        amounts from other sources to carry out activities consistent
        with the purpose of this subpart.

``SEC. 694. USE OF AMOUNTS.

    ``(a) In General.--A State educational agency or local educational
agency, as the case may be, that receives a grant under this subpart
may use amounts received under the grant to carry out activities that
are consistent with the purpose of this subpart, including the
following activities:
            ``(1) Universal, primary prevention strategies at the
        school level to reduce the number of children who have, or who
        are at risk of developing, emotional disturbances that require
        the provision of special education and related services under
        this Act.
            ``(2) Early intervention services and individual support
        for children who have, or who are at risk of developing,
        emotional disturbances and who are not currently provided
        services pursuant to part B of this Act.
            ``(3) Effective coordination among schools, families, and
        systems that provide services for such children, such as the
        social services, health, mental health, child welfare, and
        juvenile justice systems.
            ``(4) Training of staff and professional development with
        respect to prevention and early intervention strategies.
    ``(b) Additional Requirements.--In carrying out the activities
described in subsection (a), the agency shall--
            ``(1) coordinate such activities with appropriate social
        services providers, health (including mental health) providers,
        child welfare organizations, and juvenile justice
        organizations;
            ``(2) ensure that a sufficient number of children are
        provided services in order to produce results that are
        measurable and reliable under evaluations of such activities
        conducted pursuant to section 698;
            ``(3) ensure that not more than 5 percent of the amount of
        a grant is used for administrative expenses, including expenses
        related to the collection of data;
            ``(4) ensure that such activities do not adversely affect
        school attendance, dropout rates, classroom behavior, academic
        achievement, or the general welfare of students who receive
        special education and related services;
            ``(5) ensure that such activities do not result in
        increased segregation of students receiving special education
        classes from students in the general education program or
        curriculum of the school; and
            ``(6) ensure that such activities are culturally competent
        and are evidenced-based.

``SEC. 695. MATCHING REQUIREMENT.

    ``The Secretary may not make a grant to a State educational agency
or local educational agency under this subpart unless the agency agrees
that, with respect to the costs to be incurred in carrying out the
activities for which the grant was awarded, the agency will make
available non-Federal contributions in an amount equal to not less than
35 percent of such costs for the first year of the grant, 50 percent of
such costs for the second year of the grant, and 65 percent of such
costs for the third year of the grant.

``SEC. 696. ADMINISTRATIVE EXPENSES.

    The Secretary may reserve not more than 10 percent of the amount
made available to carry out this subpart for a fiscal year for
administrative expenses in carrying out this subpart, including
expenses relating to the evaluation conducted under section 698.

``SEC. 697. REPORTS TO SECRETARY.

    ``A State educational agency or local educational agency that
receives a grant under this subpart shall submit annually to the
Secretary a report that contains such information as the Secretary may
reasonably require, including a description of the collection of data
by the agency to ensure compliance with the requirements of this
subpart (particularly the requirements contained in paragraphs (4) and
(5) of section 694(b)).

``SEC. 698. EVALUATIONS.

    ``The Secretary shall, directly or through grants, contracts, or
cooperative agreements, conduct evaluations of activities established
and carried out under grants made under this subpart.

``SEC. 699. REPORTS TO CONGRESS.

    ``The Secretary shall submit annually to Congress a report that
contains the following:
            ``(1) A summary and analysis of the data in the reports
        submitted to the Secretary under section 697.
            ``(2) A summary of the evaluations conducted under section
        698.

``SEC. 699A. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this subpart
such sums as may be necessary for each of the fiscal years 2003 through
2007.''.
    (b) Conforming Amendment.--The table of contents of the Individuals
with Disabilities Education Act (20 U.S.C. 1400(b)) is amended by
adding at the end the following:

``subpart 3--grants to improve school-based early intervention services
                for children with emotional disturbances
``Sec. 691. Findings; purpose.
``Sec. 692. Authorization.
``Sec. 693. Application.
``Sec. 694. Use of amounts.
``Sec. 695. Matching requirement.
``Sec. 696. Administrative expenses.
``Sec. 697. Reports to Secretary.
``Sec. 698. Evaluations.
``Sec. 699. Reports to Congress.
``Sec. 699A. Authorization of appropriations.

Output: Reducing Special Education Through Prevention Act - Amends the Individuals with Disabilities Education Act (IDEA) to establish a program of grants to improve school-based early intervention services for children with emotional disturbances.Authorizes the Secretary of Education to make program grants to State or local educational agencies to develop and implement strategies to reduce the number of children who have, or who are at risk of developing, emotional disturbances that require special education and related services under IDEA. Includes among authorized activities: (1) universal, primary prevention strategies at the school level; (2) early intervention services and individual support for such children who are not currently served under IDEA; (3) coordination among schools, families, and other service provider systems; and (4) staff training and professional development.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Local Zoning Decisions Protection
Act of 2017''.

SEC. 2. NULLIFICATION OF RULES AND NOTICES.

    (a) Final Rule.--The final rule of the Department of Housing and
Urban Development entitled ``Affirmatively Furthering Fair Housing'',
published in the Federal Register on July 16, 2015 (80 Fed. Reg. 42272;
Docket No. FR-5173-F-04), and any successor rule that is substantially
similar to such final rule shall have no force or effect.
    (b) Notice.--The notice of the Department of Housing and Urban
Development relating to the Affirmatively Furthering Fair Housing
Assessment Tool, published in the Federal Register on December 31, 2015
(80 Fed. Reg. 81840; Docket No. FR-5173-N-07), and any successor notice
or rule substantially similar to such notice shall have no force or
effect.

SEC. 3. PROHIBITION ON USE OF FEDERAL FUNDS.

    Notwithstanding any other provision of law, no Federal funds may be
used to design, build, maintain, utilize, or provide access to a
Federal database of geospatial information on community racial
disparities or disparities in access to affordable housing.

SEC. 4. FEDERALISM CONSULTATION AND REPORT.

    (a) In General.--The Secretary of Housing and Urban Development
shall jointly consult with State officials, local government officials,
and officials of public housing agencies to develop recommendations,
consistent with applicable rulings of the Supreme Court of the United
States, to further the purposes and policies of the Fair Housing Act.
    (b) Consultation Requirements.--In developing the recommendations
required under subsection (a), the Secretary shall--
            (1) provide State officials, local government officials,
        and officials of public housing agencies with notice and an
        opportunity to participate in the consultation process required
        under subsection (a);
            (2) seek to consult with State officials, local government
        officials, and officials of public housing agencies that
        represent a broad cross-section of regional, economic, and
        geographic perspectives in the United States;
            (3) emphasize the importance of collaboration with and
        among the State officials, local government officials, and
        officials of public housing agencies;
            (4) allow for meaningful and timely input by State
        officials, local government officials, and officials of public
        housing agencies;
            (5) promote transparency in the consultation process
        required under subsection (a); and
            (6) explore with State officials, local government
        officials, and officials of public housing agencies whether
        Federal objectives under the Fair Housing Act can be attained
        by means other than through new regulations.
    (c) Reports.--
            (1) In general.--Not later than 12 months after the date of
        the enactment of this Act, the Secretary shall publish in the
        Federal Register a draft report describing the recommendations
        developed pursuant to subsection (a).
            (2) Consensus requirement.--The Secretary may include a
        recommendation in the draft report only if consensus has been
        reached with regard to the recommendation among the Secretary,
        the State officials, local government officials, and officials
        of public housing agencies consulted pursuant to subsection
        (a).
            (3) Failure to reach consensus.--If the Secretary, State
        officials, local government officials, and officials of public
        housing agencies consulted under subsection (a) fail to reach
        consensus on a regulatory proposal, the draft report shall
        identify that consensus was not reached and shall describe--
                    (A) the areas and issues with regard to which
                consensus was reached;
                    (B) the areas and issues of continuing disagreement
                that resulted in the failure to reach consensus; and
                    (C) the reasons for the continuing disagreements.
            (4) Public review and comment period.--The Secretary shall
        make the draft report available for public review and comment
        for a period of not fewer than 180 days.
            (5) Final report.--The Secretary shall, in consultation
        with the State officials, local government officials, and
        officials of public housing agencies, address any comments
        received pursuant to paragraph (4) and shall prepare a final
        report describing the final results of the consultation process
        under subsection (a).
    (d) Submission of Final Report.--Not later than 12 months after the
date of enactment of this Act, the Secretary shall make publicly
available online the final report prepared pursuant to subsection
(c)(5).
    (e) Definitions.--In this Act, the following definitions apply:
            (1) Secretary.--The term ``Secretary'' means the Secretary
        of Housing and Urban Development.
            (2) Local government official.--The term ``local government
        official'' means an elected or professional official of a local
        government or an official of a regional or national
        organization representing local governments or officials.
            (3) State official.--The term ``State official'' means an
        elected or professional official of a State government or an
        official of a regional or national organization representing
        State governments or officials.
            (4) Public housing agency.--The term ``public housing
        agency'' has the meaning given such term in section 3(b) of the
        United States Housing Act of 1937 (42 U.S.C. 1437a(b)).

Output: Local Zoning Decisions Protection Act of 2017 This bill nullifies:  the final Department of Housing and Urban Development (HUD) rule entitled "Affirmatively Furthering Fair Housing" and any successor rule substantially similar to it, and the notice relating to the Affirmatively Furthering Fair Housing Assessment Tool and any successor notice or rule substantially similar to it.  No federal funds may be used to design, build, maintain, utilize, or provide access to a federal database of geospatial information on community racial disparities or disparities in access to affordable housing. HUD is required to: (1) consult with state, local government, and public housing agency officials to develop recommendations, consistent with applicable rulings of the U.S. Supreme Court, to further the Fair Housing Act's purposes and policies; and (2) make a final report publicly available online within 12 months after enactment of this bill.