Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Farmer Bankruptcy
Clarification Act of 2017''.

SEC. 2. CLARIFICATION OF RULE ALLOWING DISCHARGE TO GOVERNMENTAL CLAIMS
              ARISING FROM THE DISPOSITION OF FARM ASSETS UNDER CHAPTER
              12 BANKRUPTCIES.

    (a) In General.--Subchapter II of chapter 12 of title 11, United
States Code, is amended by adding at the end the following:
``Sec. 1232. Claim by a governmental unit based on the disposition of
              property used in a farming operation
    ``(a) Any unsecured claim of a governmental unit against the debtor
or the estate that arises before the filing of the petition, or that
arises after the filing of the petition and before the debtor's
discharge under section 1228, as a result of the sale, transfer,
exchange, or other disposition of any property used in the debtor's
farming operation--
            ``(1) shall be treated as an unsecured claim arising before
        the date on which the petition is filed;
            ``(2) shall not be entitled to priority under section 507;
            ``(3) shall be provided for under a plan; and
            ``(4) shall be discharged in accordance with section 1228.
    ``(b) For purposes of applying sections 1225(a)(4), 1228(b)(2), and
1229(b)(1) to a claim described in subsection (a) of this section, the
amount that would be paid on such claim if the estate of the debtor
were liquidated in a case under chapter 7 of this title shall be the
amount that would be paid by the estate in a chapter 7 case if the
claim were an unsecured claim arising before the date on which the
petition was filed and were not entitled to priority under section 507.
    ``(c) For purposes of applying sections 523(a), 1228(a)(2), and
1228(c)(2) to a claim described in subsection (a) of this section, the
claim shall not be treated as a claim of a kind specified in section
523(a)(1).
    ``(d)(1) A governmental unit may file a proof of claim for a claim
described in subsection (a) that arises after the date on which the
petition is filed.
    ``(2) If a debtor files a tax return after the filing of the
petition for a period in which a claim described in subsection (a)
arises, and the claim relates to the tax return, the debtor shall serve
notice of the claim on the governmental unit charged with the
responsibility for the collection of the tax at the address and in the
manner designated in section 505(b)(1). Notice under this paragraph
shall state that the debtor has filed a petition under this chapter,
state the name and location of the court in which the case under this
chapter is pending, state the amount of the claim, and include a copy
of the filed tax return and documentation supporting the calculation of
the claim.
    ``(3) If notice of a claim has been served on the governmental unit
in accordance with paragraph (2), the governmental unit may file a
proof of claim not later than 180 days after the date on which such
notice was served. If the governmental unit has not filed a timely
proof of the claim, the debtor or trustee may file proof of the claim
that is consistent with the notice served under paragraph (2). If a
proof of claim is filed by the debtor or trustee under this paragraph,
the governmental unit may not amend the proof of claim.
    ``(4) A claim filed under this subsection shall be determined and
shall be allowed under subsection (a), (b), or (c) of section 502, or
disallowed under subsection (d) or (e) of section 502, in the same
manner as if the claim had arisen immediately before the date of the
filing of the petition.''.
    (b) Technical and Conforming Amendments.--
            (1) In general.--Subchapter II of chapter 12 of title 11,
        United States Code, is amended--
                    (A) in section 1222(a)--
                            (i) in paragraph (2), by striking
                        ``unless--'' and all that follows through ``the
                        holder'' and inserting ``unless the holder'';
                            (ii) in paragraph (3), by striking ``and''
                        at the end;
                            (iii) in paragraph (4), by striking the
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
            ``(5) subject to section 1232, provide for the treatment of
        any claim by a governmental unit of a kind described in section
        1232(a).'';
                    (B) in section 1228--
                            (i) in subsection (a)--
                                    (I) in the matter preceding
                                paragraph (1)--
                                            (aa) by inserting a comma
                                        after ``all debts provided for
                                        by the plan''; and
                                            (bb) by inserting a comma
                                        after ``allowed under section
                                        503 of this title''; and
                                    (II) in paragraph (2), by striking
                                ``the kind'' and all that follows and
                                inserting ``a kind specified in section
                                523(a) of this title, except as
                                provided in section 1232(c).''; and
                            (ii) in subsection (c)(2), by inserting ``,
                        except as provided in section 1232(c)'' before
                        the period at the end; and
                    (C) in section 1229(a)--
                            (i) in paragraph (2), by striking ``or'' at
                        the end;
                            (ii) in paragraph (3), by striking the
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
            ``(4) provide for the payment of a claim described in
        section 1232(a) that arose after the date on which the petition
        was filed.''.
            (2) Table of sections.--The table of sections for
        subchapter II of chapter 12 of title 11, United States Code, is
        amended by adding at the end the following:

``1232. Claim by a governmental unit based on the disposition of
                            property used in a farming operation.''.
    (c) Effective Date.--The amendments made by this section shall
apply to any bankruptcy case that--
            (1) is pending on the date of enactment of this Act and
        relating to which an order of discharge under section 1228 of
        title 11, United States Code, has not been entered; or
            (2) commences on or after the date of enactment of this
        Act.

Output: Family Farmer Bankruptcy Clarification Act of 2017 This bill amends the federal bankruptcy code to include an unsecured claim by a governmental unit (e.g., a tax claim by the Internal Revenue Service) resulting from the sale, transfer, exchange, or disposition of farming property in chapter 12 bankruptcy (family farmer or fisherman reorganization) proceedings. Such a claim that arises before a debtor's discharge, regardless of whether the claim is pre-petition or post-petition, must be treated as a pre-petition claim, is not entitled to priority status, must be provided for under the bankruptcy plan, and is dischargeable.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reclamation Rural and Small
Community Water Enhancement Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Federal reclamation laws.--The term ``Federal
        reclamation laws'' means the Reclamation Act and Acts
        amendatory thereof and supplementary thereto;
            (2) Regional rural water supply system.--The term
        ``regional rural water supply system'' means a water supply
        system that serves multiple towns or communities in a rural
        area (including Indian reservations) where such towns or
        communities have a population not exceeding 40,000 persons.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 3. GENERAL AUTHORITY.

            (a) In General.--The Secretary, acting pursuant to the
        Federal reclamation laws, is directed to undertake a program to
        investigate and identify opportunities to ensure safe and
        adequate regional rural water supply systems for municipal and
        industrial use in small communities and rural areas through the
        construction of new regional rural water supply systems and the
        enhancement of existing rural water supply systems.
    (b) Exception.--
            (1) In conducting the investigations and studies authorized
        by this Act, the Secretary may include a town or community with
        a population in excess of 40,000 persons if, in the Secretary's
        discretion, such town or community is considered to be a
        critical partner in the proposed regional rural water supply
        system.
            (2) In conducting a feasibility study of a regional rural
        water supply system that includes a community with a population
        in excess of 40,000 persons, the Secretary may consider a non-
        federal cost share in excess of the percentage set forth in
        sections 6(a) and 6(b)(5).
    (c) Limitation.--Such program shall be limited to the States and
areas referred to in section 1 of the Reclamation Act of 1902 (Act of
June 17, 1902, 32 Stat. 388), as amended, and Indian reservation lands
within the external boundaries of such States and areas.
    (d) Agreements.--The Secretary is authorized to enter into such
agreements and promulgate such regulations as may be necessary to carry
out the purposes and provisions of this Act.

SEC. 4. COORDINATION AND PLANNING.

    (a) Coordination.--
            (1) Consultation.--In undertaking this program, the
        Secretary shall consult and coordinate with the Secretary of
        Agriculture, the Administrator of the Environmental Protection
        Agency, and the Director of the Indian Health Service, in order
        to develop criteria to ensure that the program does not
        duplicate, but instead complements, activities undertaken
        pursuant to the authorities administered by such agency heads.
            (2) Report on authorities.--Within one year after the date
        of enactment of this Act, the Secretary shall submit to the
        Committee on Energy and Natural Resources of the Senate and the
        Committee on Resources of the House of Representatives, a
        report setting forth the results of the consultation required
        in paragraph (1) and criteria developed pursuant to such
        consultation.
    (b) Report and Action on Authorized Projects.--
            (1) Within one year after the date of enactment of this
        Act, the Secretary shall submit to the Committee on Energy and
        Natural Resources of the Senate and the Committee on Resources
        of the House of Representatives a report setting forth--
                    (A) the status of all rural water projects within
                the jurisdiction of the Secretary authorized prior to
                the date of enactment of this Act; and
                    (B) the Secretary's plan, including projected
                financial and workforce requirements, for the
                completion of the rural water projects within the time
                frames set forth in the public laws authorizing the
                projects or the final engineering reports submitted
                pursuant thereto.
            (2) The Secretary shall take all necessary steps to
        complete the projects within the time frames identified in
        subsection (1)(B).

SEC. 5. APPRAISAL INVESTIGATIONS.

    (a) Appraisal Investigations.--Based on evidence of local interest
and upon the request of a local sponsor, the Secretary may undertake
appraisal investigations to identify opportunities for the construction
of regional rural water supply systems and the enhancement of existing
rural water supply systems for small communities and rural areas. Each
such investigation shall include recommendations as to the preparation
of a feasibility study of the potential system or system enhancement.
    (b) Considerations.--Appraisal investigations undertaken pursuant
to this Act shall consider, among other things--
            (1) whether an established water supply exists for the
        proposed regional rural water supply system;
            (2) the need for the regional rural water supply system or
        for enhancements to an existing rural water system, including
        but not limited to, alternative water supply opportunities and
        projected demand for water supply;
            (3) environmental considerations relating to the regional
        rural water supply system or rural water system enhancement;
            (4) public health and safety considerations relating to the
        regional rural water supply system or rural water system
        enhancement;
            (5) Indian trust responsibility considerations relating to
        the regional rural water supply system or rural water system
        enhancement; and
            (6) the availability of other Federal authorities or
        programs to address the water supply needs identified.
    (c) Consultation and Cooperation.--The Secretary shall consult and
cooperate with appropriate Federal, state, tribal, regional, and local
authorities during the conduct of each appraisal investigation
conducted pursuant to this Act.
    (d) Costs Nonreimbursable.--The costs of such appraisal
investigations shall be nonreimbursable.
    (e) Public Availability.--The Secretary shall make available to the
public, upon request, the results of each appraisal investigation
undertaken pursuant to this Act, and shall promptly publish in the
Federal Register a notice of the availability of those results.

SEC. 6. FEASIBILITY STUDIES.

    (a) Feasibility Studies.--The Secretary is authorized to
participate with appropriate Federal, state, tribal, regional, and
local authorities in studies to determine the feasibility of regional
rural water supply systems and rural water supply system enhancements
where an appraisal investigation so warrants. The Federal share of the
costs of such feasibility studies shall not exceed 50 percent of the
total, except that the Secretary may increase the Federal share of the
costs of such feasibility study if the Secretary determines, based upon
a demonstration of financial hardship, that the non-Federal participant
is unable to contribute at least 50 percent of the costs of such study.
The Secretary may accept as part of the non-Federal cost share the
contribution of such in-kind services by the non-Federal participant
that the Secretary determines will contribute substantially toward the
conduct and completion of the study.
    (b) Considerations.--In addition to the requirements of other
Federal laws, feasibility studies authorized under this Act shall
consider, among other things--
            (1) whether an established water supply exists for the
        proposed regional rural water supply system;
            (2) near- and long-term water demand and supplies in the
        study area including any opportunities to treat and utilize
        impaired water supplies through innovative and economically
        viable treatment technologies;
            (3) public health and safety and environmental quality
        issues related to the regional rural water supply system or
        rural water system enhancement;
            (4) opportunities for water conservation in the study area
        to reduce water use and water system costs;
            (5) the construction costs and projected operation and
        maintenance costs of the proposed regional rural water supply
        system and an assessment of participating communities' ability
        to pay 20 percent to 50 percent of the construction costs and
        the full share of the system operation and maintenance costs;
            (6) opportunities for mitigation of fish and wildlife
        losses incurred as a result of the construction of the regional
        rural water supply system or rural water system enhancement on
        an acre-for-acre basis, based on ecological equivalency,
        concurrent with system construction; and
            (7) the extent to which assistance for rural water supply
        is available pursuant to other Federal authorities and the
        likely effectiveness of efforts to coordinate assistance
        provided by the Secretary with other available Federal programs
        and assistance.
    (c) Use of Other Reports.--In conducting a feasibility study
pursuant to this section, or an appraisal investigation under section
5, the Secretary shall, to the maximum extent practicable, utilize, in
whole or in part, any engineering or other relevant report submitted by
a state, tribal, regional, or local authority associated with the
proposed regional rural water supply system.
    (d) Public Availability.--The Secretary shall make available to the
public, upon request, the results of each feasibility study undertaken
pursuant to this Act, and shall promptly publish in the Federal
Register a notice of the availability of those results.
    (e) Disclaimer.--Nothing contained in this section shall be
interpreted as requiring a feasibility study or imposing any other new
requirement for rural water projects or programs that are already
authorized.

SEC. 7. AUTHORIZATION.

    There are hereby authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.

Output:
Reclamation Rural and Small Community Water Enhancement Act - Directs the Secretary of the Interior to undertake a program to investigate and identify opportunities for ensuring safe and adequate regional rural water supply systems (serving areas with populations not exceeding 40,000, with exceptions) for use in small communities and rural areas through the construction of new regional systems and the enhancement of existing ruralsystems. Limits participation in such program to the States and areas (and Indian reservation lands within such States and areas) referred to in the Reclamation Act of 1902.

Requires the Secretary to: (1) submit to specified congressional committees a report setting forth the status of all rural water projects within the Secretary's jurisdiction authorized prior to enactment of this Act and the Secretary 's plan for completing such projects within their respective time frames; and (2) take steps to complete such projects within such time frames.

Authorizes the Secretary to undertake appraisal investigations to identify opportunities for the construction of new systems and enhancement of existing systems for small communities and rural areas; and (2) participate with appropriate Federal, State, tribal, regional, and local authorities in studies to determine the feasibility of such projects where such an investigation so warrants.


Input:
SECTION 1. ENTRIES OF CERTAIN HIGH-DENSITY, FIBERBOARD-CORE LAMINATE
              PANELS ENTERED IN JUNE 2004 THROUGH OCTOBER 2004.

    (a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of
Customs and Border Protection shall, not later than 90 days after the
receipt of the request described in subsection (b), liquidate or
reliquidate the entries described in subsection (d) at a rate of duty
of 1.9 cents per kilogram plus 1.5 percent ad valorem.
    (b) Request.--Liquidation or reliquidation may be made under
subsection (a) with respect to an entry described in subsection (d)
only if a request is filed with the Bureau of Customs and Border
Protection not later than 90 days after the date of the enactment of
this Act.
    (c) Refund of Amounts Owed.--Any amounts owed by the United States
pursuant to the liquidation or reliquidation of an entry described in
subsection (d) (including interest from the date of entry) shall be
refunded not later than 90 days after the date of such liquidation or
reliquidation.
    (d) Affected Entries.--The entries referred to in subsection (a)
are as follows:

    Entry number                         Date of entry
  EF4-0054953-3........................    06/11/04
  EF4-0054958-2........................    06/18/04
  EF4-0054987-1........................    06/24/04
  EF4-0054989-7........................    06/19/04
  EF4-0054990-5........................    06/24/04
  EF4-0054991-3........................    06/24/04
  EF4-0054992-1........................    06/24/04
  EF4-0054993-9........................    06/24/04
  EF4-0054994-7........................    06/26/04
  EF4-0054995-4........................    06/26/04
  EF4-0055060-6........................    06/25/04
  EF4-0055070-5........................    06/24/04
  EF4-0055073-9........................    06/21/04
  EF4-0055090-3........................    06/19/04
  EF4-0055120-8........................    07/01/04
  EF4-0055125-7........................    06/27/04
  EF4-0055127-3........................    07/03/04
  EF4-0055128-1........................    07/03/04
  EF4-0055129-9........................    06/29/04
  EF4-0055130-7........................    07/03/04
  EF4-0055131-5........................    07/03/04
  EF4-0055132-3........................    07/03/04
  EF4-0055166-1........................    07/09/04
  EF4-0055177-8........................    07/09/04
  EF4-0055182-8........................    07/10/04
  EF4-0055200-8........................    07/04/04
  EF4-0055224-8........................    07/05/04
  EF4-0055227-1........................    07/09/04
  EF4-0055232-1........................    07/09/04
  EF4-0055234-7........................    07/08/04
  EF4-0055242-0........................    07/17/04
  EF4-0055263-6........................    07/17/04
  EF4-0055283-4........................    07/12/04
  EF4-0055299-0........................    07/17/04
  EF4-0055304-8........................    07/09/04
  EF4-0055313-9........................    07/19/04
  EF4-0055314-7........................    07/23/04
  EF4-0055315-4........................    07/23/04
  EF4-0055316-2........................    07/23/04
  EF4-0055318-8........................    07/23/04
  EF4-0055319-6........................    07/23/04
  EF4-0055336-0........................    07/16/04
  EF4-0055340-2........................    07/22/04
  EF4-0055385-7........................    07/19/04
  EF4-0055398-0........................    07/30/04
  EF4-0055401-2........................    07/30/04
  EF4-0055402-0........................    07/30/04
  EF4-0055403-8........................    07/30/04
  EF4-0055420-2........................    07/22/04
  EF4-0055421-0........................    07/22/04
  EF4-0055426-9........................    07/22/04
  EF4-0055430-1........................    07/24/04
  EF4-0055444-2........................    07/25/04
  EF4-0055486-3........................    07/31/04
  EF4-0055505-0........................    07/29/04
  EF4-0055506-8........................    07/29/04
  EF4-0055517-5........................    08/08/04
  EF4-0055522-5........................    08/07/04
  EF4-0055583-7........................    08/13/04
  EF4-0055584-5........................    08/13/04
  EF4-0055585-2........................    08/24/04
  EF4-0055598-5........................    08/05/04
  EF4-0055609-0........................    08/14/04
  EF4-0055635-5........................    08/06/04
  EF4-0055642-1........................    08/12/04
  EF4-0055647-0........................    08/07/04
  EF4-0055663-7........................    08/15/04
  EF4-0055676-9........................    09/05/04
  EF4-0055770-0........................    08/11/04
  EF4-0055771-8........................    08/11/04
  EF4-0055812-0........................    08/19/04
  EF4-0055818-7........................    08/29/04
  EF4-0055819-5........................    08/27/04
  EF4-0055831-0........................    09/03/04
  EF4-0055832-8........................    09/03/04
  EF4-0055834-4........................    08/28/04
  EF4-0055835-1........................    08/14/04
  EF4-0055836-9........................    08/14/04
  EF4-0055899-7........................    09/06/04
  EF4-0055900-3........................    09/06/04
  EF4-0055917-7........................    09/02/04
  EF4-0055960-7........................    09/13/04
  EF4-0055961-5........................    09/10/04
  EF4-0055962-3........................    09/10/04
  EF4-0055963-1........................    09/11/04
  EF4-0055965-6........................    09/11/04
  EF4-0055967-2........................    09/11/04
  EF4-0056074-6........................    09/24/04
  EF4-0056078-7........................    09/16/04
  EF4-0056079-5........................    09/16/04
  EF4-0056080-3........................    09/16/04
  EF4-0056108-2........................    09/15/04
  EF4-0056109-0........................    08/26/04
  EF4-0056123-1........................    09/25/04
  EF4-0056171-0........................    09/10/04
  EF4-0056197-5........................    10/02/04
  EF4-0056291-6........................    09/29/04
  EF4-0056303-9........................    10/08/04
  EF4-0056304-7........................    10/04/04
  EF4-0056354-2........................    10/07/04
  EF4-0056355-9........................    10/09/04
  EF4-0056356-7........................    10/09/04
  EF4-0056357-5........................    10/09/04
  EF4-0056359-1........................    10/07/04
  EF4-0056426-8........................    10/16/04

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


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Smoking Prevention,
Health, and Learning Trust Fund Act of 1999''.

SEC. 2. AUTHORITY TO WAIVE RECOUPMENT UNDER THE MEDICAID PROGRAM OF
              TOBACCO-RELATED FUNDS.

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

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


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commit to Opioid Medical Prescriber
Accountability and Safety for Seniors Act'' or the ``COMPASS Act''.

SEC. 2. MEDICARE NOTIFICATIONS TO OUTLIER PRESCRIBERS OF OPIOIDS.

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

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


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lead Exposure Reduction Amendments
Act of 2012''.

SEC. 2. DEFINITIONS.

    Section 401 of the Toxic Substances Control Act (15 U.S.C. 2681) is
amended--
            (1) in paragraph (1)--
                    (A) by redesignating subparagraphs (A) and (B) as
                clauses (i) and (ii), respectively, and indenting the
                clauses appropriately;
                    (B) in the first sentence, by striking ``The term''
                and inserting the following:
                    ``(A) In general.--The term'';
                    (C) by striking ``Such term includes--'' and
                inserting the following:
                    ``(B) Inclusions.--The term `abatement' includes--
                ''; and
                    (D) by adding at the end the following:
                    ``(C) Exclusions.--The term `abatement' does not
                include any renovation, remodeling, landscaping, or
                other activity--
                            ``(i) the primary purpose of which is to
                        repair, restore, or remodel a structure or
                        dwelling; and
                            ``(ii) that incidentally results in a
                        reduction or elimination of lead-based paint
                        hazards.'';
            (2) by redesignating paragraphs (4) through (12) and
        paragraphs (13) through (17) as paragraphs (5) through (13) and
        paragraphs (15) through (19), respectively;
            (3) by inserting after paragraph (3) the following:
            ``(4) Emergency renovation.--The term `emergency
        renovation' means a renovation, replacement, or repair activity
        that--
                    ``(A) was not planned; and
                    ``(B) results from a sudden, unexpected event that,
                if not immediately attended to--
                            ``(i) presents a risk to the public health
                        or safety; or
                            ``(ii) threatens to cause significant
                        damage to equipment or property.'';
            (4) by striking paragraph (10) (as redesignated by
        paragraph (2)) and inserting the following:
            ``(10) Lead-based paint.--The term `lead-based paint' means
        paint or other surface coatings that contain lead--
                    ``(A) in excess of--
                            ``(i) 1.0 milligrams per centimeter
                        squared; or
                            ``(ii) 0.5 percent by weight; or
                    ``(B) in the case of paint or other surface
                coatings on target housing, the lower level established
                by the Secretary of Housing and Urban Development under
                section 302(c) of the Lead-Based Paint Poisoning
                Prevention Act (42 U.S.C. 4801 et seq.).'';
            (5) by inserting after paragraph (13) (as redesignated by
        paragraph (2)) the following:
            ``(14) Post-abatement clearance testing.--The term `post-
        abatement clearance testing' means a test that--
                    ``(A) is carried out on the completion of any lead-
                based paint activity to ensure that--
                            ``(i) the reduction is complete; and
                            ``(ii) no lead-contaminated dust hazards
                        remain in the dwelling unit or worksite; and
                    ``(B) includes a visual assessment and the
                collection and analysis of environmental samples from
                the dwelling or worksite.''; and
            (6) by adding at the end the following:
            ``(20) Test kit.--The term `test kit' means a chemical test
        that has the ability to determine the presence of lead in a
        paint chip, paint powder, or painted surface at a level that is
        equal to or in excess of--
                    ``(A) 1.0 milligrams per centimeter squared; or
                    ``(B) 0.5 percent by weight.''.

SEC. 3. LEAD-BASED PAINT ACTIVITIES TRAINING AND CERTIFICATION.

    Section 402(c) of the Toxic Substances Control Act (15 U.S.C.
2682(c)) is amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) Study of certification.--
                    ``(A) In general.--Prior to proposing any new
                regulation applicable to target housing or public or
                commercial buildings constructed before 1978, the
                Administrator shall conduct a study of the extent to
                which persons engaged in various types of renovation
                and remodeling activities in the target housing or
                public or commercial buildings constructed before
                1978--
                            ``(i) are exposed to lead in the conduct of
                        those activities; or
                            ``(ii) disturb lead and create a lead-based
                        paint hazard on a regular or occasional basis.
                    ``(B) Completion.--The Administrator shall complete
                each study under subparagraph (A) and publish the
                results of that study not later than 1 year prior to
                proposing any new regulation applicable to a structure
                or dwelling described in subparagraph (A).'';
            (2) in paragraph (3)--
                    (A) in the first sentence, by striking ``Within 4
                years'' and inserting the following:
                    ``(A) In general.--Not later than 4 years'';
                    (B) in the second sentence, by striking ``In
                determining'' and inserting the following:
                    ``(B) Use of study.--In determining'';
                    (C) in the third sentence, by striking ``If the
                Administrator'' and inserting the following:
                    ``(C) Determination of administrator.--If the
                Administrator''; and
                    (D) by adding at the end the following:
                    ``(D) Exemption.--An emergency renovation shall be
                exempt from any regulation promulgated by the
                Administrator under this paragraph.
                    ``(E) Prohibition on post-abatement clearance
                requirement.--No regulation promulgated by the
                Administrator under this paragraph shall require post-
                abatement clearance testing.''; and
            (3) by adding at the end the following:
            ``(4) Target housing owners.--
                    ``(A) In general.--Not later than 60 days after the
                date of enactment of this paragraph and subject to
                subparagraph (B), in promulgating any regulation
                relating to renovation or remodeling activities in
                target housing in which the owner resides, the
                Administrator shall include a provision that permits
                the owner to authorize the renovation or remodeling
                contractor to forego compliance with that regulation.
                    ``(B) Restriction.--The Administrator shall only
                permit an owner of target housing to forgo compliance
                with a regulation under this paragraph if--
                            ``(i) no pregnant woman or child under the
                        age of 6 resides in the target housing as of
                        the date on which the renovation or remodeling
                        commences; and
                            ``(ii) the owner submits to the renovation
                        or remodeling contractor written certification
                        that--
                                    ``(I) the renovation or remodeling
                                project is to be carried out at the
                                target housing of the owner;
                                    ``(II) no pregnant woman or child
                                under the age of 6 resides in the
                                target housing as of the date on which
                                the renovation or remodeling commences;
                                and
                                    ``(III) the owner acknowledges
                                that, in carrying out the project, the
                                renovation or remodeling contractor
                                will be exempt from employing the work
                                practices required by a regulation
                                promulgated under this subsection.
                    ``(C) Limitation of contractor liability.--A
                contractor that receives written certification
                described in subparagraph (B)(ii) shall be exempt from
                liability resulting from any misrepresentation of the
                owner of the target housing.
            ``(5) Test kits.--
                    ``(A) In general.--In making a certification
                determination under this subsection, the Administrator
                shall allow contractors to use commercially available
                lead-based paint test kits that comply with the
                positive and negative response criteria established by
                the Administrator.
                    ``(B) Test kit approval.--
                            ``(i) In general.--The Administrator shall
                        establish a process by which the Administrator
                        shall identify and approve a test kit that--
                                    ``(I) meets the criteria described
                                in subparagraph (A);
                                    ``(II) is inexpensively and
                                commercially available;
                                    ``(III) does not require special
                                training to use the test kit; and
                                    ``(IV) enables users to determine
                                the presence of lead at the job site in
                                accordance with the criteria described
                                in subparagraph (A) without the need
                                for off-site laboratory analysis.
                            ``(ii) Suspension of regulations.--
                                    ``(I) In general.--If the
                                Administrator is unable to determine
                                that 1 or more test kits under clause
                                (i) exists, the Administrator shall
                                suspend the implementation of any
                                applicable regulation under this
                                subsection relating to renovation or
                                remodeling, except for owners described
                                in paragraph (4)(B), until the date on
                                which the Administrator--
                                            ``(aa) identifies and
                                        approves 1 or more test kits
                                        under clause (i); and
                                            ``(bb) publishes in the
                                        Federal Register notice of that
                                        identification and approval.
                                    ``(II) Duration.--The Administrator
                                shall remove the suspension under this
                                clause not earlier than 45 days after
                                the date on which notification of the
                                identification and approval of the test
                                kit is published in the Federal
                                Register in accordance with subclause
                                (I)(bb).
                                    ``(III) Applicability.--This clause
                                shall--
                                            ``(aa) only apply to
                                        regulations that permit an
                                        owner of target housing to
                                        authorize a renovation or
                                        remodeling contractor to forego
                                        compliance with the regulation;
                                        and
                                            ``(bb) not affect any other
                                        regulation issued under this
                                        subsection.
            ``(6) Applicability of certain penalties.--Any regulation
        promulgated by the Administrator under this section requiring
        the submission of documentation to the Administrator shall
        provide--
                    ``(A) an exemption from penalty for a person who--
                            ``(i) is submitting the required
                        documentation for the first time; and
                            ``(ii) submits documentation that contains
                        de minimus or typographical errors, as
                        determined by the Administrator; and
                    ``(B) a process by which a person described in
                subparagraph (A) may resubmit the required
                documentation.
            ``(7) Accreditation of recertification courses.--Subsection
        (a)(2)(D) shall not apply to any certified renovator
        recertification course that is accredited by the Environmental
        Protection Agency.''.

Output:
Lead Exposure Reduction Amendments Act of 2012 - Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "abatement" any renovation, remodeling, landscaping, or other activity: (1) the primary purpose of which is to repair, restore, or remodel a structure or dwelling; and (2) that incidentally results in a reduction or elimination of lead-based paint hazards.

Removes from the definition of "lead-based paint" lead levels that may be established by the Administrator of the Environmental Protection Agency (EPA) for paint or surface coating that are not otherwise specified in such definition.

Requires the Administrator to: (1) conduct a lead-based paint certification study prior to proposing any new regulation applicable to target housing or public or commercial buildings constructed before 1978; and (2) complete and publish such study no later than a year prior to proposing any new regulation applicable to such structure or dwelling. Exempts from such regulations emergency renovations that result from a sudden, unexpected event that presents a risk to the public health or safety or threatens to cause significant damage to equipment or property if not attended to immediately. Prohibits such regulation from requiring post-abatement clearance testing.

 Requires the Administrator, in promulgating regulations relating to renovation or remodeling activities in target housing in which the owner resides, to include a provision that permits the owner to authorize the renovation or remodeling contractor to forego compliance with such regulation if: (1) no pregnant woman or child under the age of six resides in such housing; and (2) the owner certifies that the renovation or remodeling project is to be carried out at the target housing of the owner, that no such woman or child resides in such housing, and that such contractor will be exempt from employing the work practices required by such regulation. Exempts contractors from liability resulting from any misrepresentation of the owner of the target housing.

Requires the Administrator to: (1) establish a process by which the Administrator shall identify and approve a commercially available lead-based paint test kit that is inexpensive, does not require special training, and enables users to determine the presence of lead at the job site; and (2) suspend implementation of such regulation relating to renovation and remodeling until the Administrator identifies and approves one or more test kits that meet such criteria.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Health Coordinating Council
Act''.

SEC. 2. NATIONAL PUBLIC HEALTH COORDINATING COUNCIL.

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

Output:
Public Health Coordinating Council Act - Requires the Secretary of Health and Human Services to establish a National Public Health Coordinating Council to: (1) facilitate and strengthen sustained communication and coordination across federal agencies and offices regarding public health; and (2) review and make recommendations concerning socioeconomic and environmental policies to reduce health disparities and improve the public's health.

Requires the Secretary to determine the duties of the Council, which shall include: (1) reviewing existing federal health programs and policies for the availability of equitable public health services across communities; (2) making recommendations for the modification of such federal programs and policies to improve public health; and (3) seeking to strengthen the impact of federal public health efforts by improving interagency collaboration and promoting a dialogue on broad public health issues.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Home Equity Protection Act of
1993''.

SEC. 2. CONSUMER PROTECTIONS FOR HIGH COST MORTGAGES.

    (a) Definition.--Section 103 of the Truth in Lending Act (15 U.S.C.
1602) is amended by adding after subsection (z) the following new
subsection:
    ``(aa) The term `high cost mortgage' means a consumer credit
transaction, other than a residential mortgage transaction, that is
secured by a consumer's principal dwelling and that satisfies at least
1 of the following conditions:
            ``(1) The annual percentage rate at consummation of the
        transaction will exceed by more than 10 percentage points the
        rate of interest on obligations of the United States having a
        period of maturity of 1 year on the fifteenth day of the month
        before such consummation.
            ``(2) All points and fees payable by the consumer at or
        before closing will exceed the greater of--
                    ``(A) 8 percent of the amount financed, minus fees
                and points; or
                    ``(B) $400.''.
    (b) Material Disclosures.--Section 103(u) of the Truth in Lending
Act (15 U.S.C. 1602(u)) is amended--
            (1) by striking ``and the due dates'' and inserting ``, the
        due dates''; and
            (2) by inserting before the period ``, and the disclosures
        for high cost mortgages required by section 129(a))''.
    (c) Definition of Creditor Clarified.--Section 103(f) of the Truth
in Lending Act (15 U.S.C. 1602(f)) is amended by adding at the end the
following: ``Any person who originates 2 or more high cost mortgages in
any 12-month period or any person who originates 1 or more high cost
mortgages through a loan broker shall be considered to be a creditor
for purposes of section 129.''.
    (d) Disclosures Required and Certain Terms Prohibited.--The Truth
in Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after
section 128 the following new section:

``SEC. 129. REQUIREMENTS FOR HIGH COST MORTGAGES.

    ``(a) Disclosures.--In addition to any other disclosures required
under this title, for each high cost mortgage, the creditor shall
provide the following written disclosures in clear language and in
conspicuous type size and format, segregated from other information as
a separate document:
            ``(1) The following statement: `If you obtain this loan,
        the lender will have a mortgage on your home. You could lose
        your home, and any money you have put into it, if you do not
        meet your obligations under the loan.'.
            ``(2) The initial annual percentage rate.
            ``(3) The consumer's gross monthly cash income, as verified
        by the creditor, the total initial monthly payment, and the
        amount of funds that will remain to meet other obligations of
        the consumer.
            ``(4) In the case of a variable rate loan, a statement that
        the annual percentage rate and the interest rate could
        increase, and the maximum interest rate and payment.
            ``(5) In the case of a variable rate loan with an initial
        annual percentage rate that is different than the one which
        would be applied using the contract index after the initial
        period, a statement of the period of time the initial rate will
        be in effect, and the rate or rates that will go into effect
        after the initial period is over, assuming that current
        interest rates prevail.
            ``(6) A statement that the consumer is not required to
        complete the transaction merely because he or she has received
        disclosures or signed a loan application.
            ``(7) A statement as follows: `Under Federal law, this is a
        high cost mortgage. You may be able to obtain a less expensive
        loan.'.
    ``(b) Time of Disclosures.--The disclosures required by this
section shall be given no later than 3 business days prior to
consummation of the transaction. A creditor may not change the terms of
the loan after providing the disclosures required by this section.
    ``(c) No Prepayment Penalty.--
            ``(1) In general.--A high cost mortgage may not contain
        terms under which a consumer must pay a prepayment penalty for
        paying all or part of the principal prior to the date on which
        such principal is due. If the date of maturity of the high cost
        mortgage is accelerated for any reason, the consumer is
        entitled to a rebate that complies with paragraph (2). No high
        cost mortgage shall provide for a default interest rate that is
        higher than the interest rate provided by the note for a
        performing loan.
            ``(2) Rebate computation.--For purposes of this subsection,
        any method of computing rebates of a finance charge less
        favorable to the consumer than the actuarial method using
        simple interest is a prepayment penalty.
            ``(3) Certain other fees prohibited.--An agreement to
        refinance a high cost mortgage by the same creditor or an
        affiliate of the creditor may not require the consumer to pay
        points, discount fees, or prepaid finance charges on the
        portion of the loan refinanced. For the purpose of this
        paragraph, the term `affiliate' has the same meaning as it does
        in section 2(k) of the Bank Holding Company Act of 1956.
    ``(d) No Balloon Payments.--A high cost mortgage may not include
terms under which the aggregate amount of the regular periodic payments
would not fully amortize the outstanding principal balance.
    ``(e) No Negative Amortization.--A high cost mortgage may not
include terms under which the outstanding principal balance will
increase over the course of the loan.
    ``(f) No Prepaid Payments.--A high cost mortgage may not include
terms under which more than 2 periodic payments required under the loan
are consolidated and paid in advance from the loan proceeds provided to
the consumer.
    ``(g) Unfair, Deceptive, or Evasive Acts Prohibited.--Creditors of
contracts governed by this section shall not commit, in the making,
servicing, or collecting of a high cost mortgage, any act or practice
which is unfair or deceptive, including any of the following:
            ``(1) Entering into a home equity loan if there is no
        reasonable probability that the homeowner will be able to make
        payments according to the terms of the loan.
            ``(2) Taking advantage of the borrower's infirmities, lack
        of education or sophistication, or language skills, necessary
        to understand fully the terms of the transaction.
            ``(3) Refinancing other loans owed by the homeowner which
        had not been accelerated by reason of default of the homeowner
        prior to the application for the home equity loan, unless the
        new loan is at a lower interest rate or has lower monthly
        payments.
            ``(4) Financing a mortgage broker's commission, unless the
        borrower entered into a separate written contract with the
        broker prior to the date of application for the home equity
        loan, which stated the dollar amount of the commission, and
        which was provided to the borrower prior to the application.
            ``(5) Taking action or interfering with any other consumer
        protection laws or regulation designed to protect the
        homeowner.
            ``(6) Assisting in the falsification of information on the
        application for a home equity loan.
            ``(7) Disbursing to a home improvement contractor more than
        80 percent of funds due under a home improvement contract which
        exceeds $10,000, before the completion of the work due under
        the home improvement contract, or making any disbursement for a
        home improvement contract in a form other than an instrument
        jointly payable to the borrower and the contractor.
            ``(8)(A) Engaging in any other unfair, deceptive, or
        unconscionable conduct which creates a likelihood of confusion
        or misunderstanding.
            ``(B) Any attempt to evade the provisions of this section
        by any devise, subterfuge, or pretense whatsoever is deemed to
        be unfair conduct under this paragraph.
    ``(h) Right of Rescission.--For the purpose of section 125, any
contract with provisions prohibited by this section is deemed to not
include material disclosures required under this title. Any provision
in a high cost mortgage which violates section 125 shall not be
enforceable.''.

SEC. 3. STATE AUTHORITY TO REGULATE HIGH RATE MORTGAGE LOANS.

    The authority of States to establish limitations on the interest,
fees, and other terms of a first mortgage which--
            (1) is secured by a first lien on residential real
        property; and
            (2) is not used to finance the acquisition of that
        property;
is not preempted by section 501 of the Depository Institutions
Deregulation and Monetary Control Act of 1980 (12 U.S.C. 1735f-7a) or
the Alternative Mortgage Transaction Parity Act of 1982 (12 U.S.C. 3801
et seq.).

SEC. 4. CIVIL LIABILITY.

    (a) Damages.--Section 130(a) of the Truth in Lending Act (15 U.S.C.
1640(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (2)(B);
            (2) by striking the period at the end of paragraph (3) and
        inserting ``; and''; and
            (3) by inserting after paragraph (3) the following new
        paragraph:
            ``(4) in case of a failure to comply with any requirement
        under section 129, all finance charges and fees.''.
    (b) State Attorney General Enforcement.--Section 130(e) of the
Truth in Lending Act (15 U.S.C. 1640(e)) is amended by adding at the
end the following: ``An action to enforce a violation of section 129
may also be brought by the appropriate State attorney general in a
court of competent jurisdiction, within 5 years after the date on which
the violation occurs.''.
    (c) Assignee Liability.--Section 131 of the Truth in Lending Act
(15 U.S.C. 1641) is amended by adding at the end the following new
subsection:
    ``(d) High Cost Mortgages.--
            ``(1) In general.--In addition to any other liability
        imposed under this title, any person who purchases or is
        otherwise assigned a high cost mortgage shall be subject to all
        claims and defenses with respect to the mortgage that the
        consumer could assert against the creditor of the mortgage.
            ``(2) Damages.--Relief under this subsection shall be
        limited to the sum of--
                    ``(A) an offset of all remaining indebtedness; and
                    ``(B) the total amount paid by the consumer in
                connection with the transaction.
            ``(3) Notice.--Any person who sells or otherwise assigns a
        high cost mortgage shall include a prominent notice of the
        potential liability under this subsection as determined by the
        Board.''.

SEC. 5. EFFECTIVE DATE.

    This Act shall be effective 60 days after the promulgation of
regulations by the Board of Governors of the Federal Reserve System,
which shall occur not later than 180 days following the date of
enactment of this Act.

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


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair and Speedy Treatment (FAST) of
Medicare Prescription Drug Claims Act of 2007''.

SEC. 2. PROMPT PAYMENT BY MEDICARE PRESCRIPTION DRUG PLANS AND MA-PD
              PLANS UNDER PART D.

    (a) Application to Prescription Drug Plans.--Section 1860D-12(b) of
the Social Security Act (42 U.S.C. 1395w-112 (b)) is amended by adding
at the end the following new paragraph:
            ``(4) Prompt payment of clean claims.--
                    ``(A) Prompt payment.--Each contract entered into
                with a PDP sponsor under this subsection with respect
                to a prescription drug plan offered by such sponsor
                shall provide that payment shall be issued, mailed, or
                otherwise transmitted with respect to all clean claims
                submitted under this part within the applicable number
                of calendar days after the date on which the claim is
                received.
                    ``(B) Definitions.--In this paragraph:
                            ``(I) Clean claim.--The term `clean claim'
                        means a claim, with respect to a covered part D
                        drug, that has no apparent defect or
                        impropriety (including any lack of any required
                        substantiating documentation) or particular
                        circumstance requiring special treatment that
                        prevents timely payment from being made on the
                        claim under this part.
                            ``(ii) Applicable number of calendar
                        days.--The term `applicable number of calendar
                        days' means--
                                    ``(I) with respect to claims
                                submitted electronically, 14 calendar
                                days; and
                                    ``(II) with respect to claims
                                submitted otherwise, 30 calendar days.
                    ``(c) Interest payment.--If payment is not issued,
                mailed, or otherwise transmitted within the applicable
                number of calendar days (as defined in subparagraph
                (B)) after a clean claim is received, interest shall be
                paid at a rate used for purposes of section 3902(a) of
                title 31, United States Code (relating to interest
                penalties for failure to make prompt payments), for the
                period beginning on the day after the required payment
                date and ending on the date on which payment is made.
                    ``(D) Procedures involving claims.--
                            ``(I) Claims deemed to be clean claims.--
                                    ``(I) In general.--A claim for a
                                covered part D drug shall be deemed to
                                be a clean claim for purposes of this
                                paragraph if the PDP sponsor involved
                                does not provide a notification of
                                deficiency to the claimant by the 10th
                                day that begins after the date on which
                                the claim is submitted.
                                    ``(II) Notification of
                                deficiency.--For purposes of subclause
                                (II), the term `notification of
                                deficiency' means a notification that
                                specifies all defects or improprieties
                                in the claim involved and that lists
                                all additional information or documents
                                necessary for the proper processing and
                                payment of the claim.
                            ``(ii) Payment of clean portions of
                        claims.--A PDP sponsor shall, as appropriate,
                        pay any portion of a claim for a covered part D
                        drug that would be a clean claim but for a
                        defect or impropriety in a separate portion of
                        the claim in accordance with subparagraph (A).
                            ``(iii) Obligation to pay.--A claim for a
                        covered part D drug submitted to a PDP sponsor
                        that is not paid or contested by the provider
                        within the applicable number of calendar days
                        (as defined in subparagraph (B)) shall be
                        deemed to be a clean claim and shall be paid by
                        the PDP sponsor in accordance with subparagraph
                        (A).
                            ``(iv) Date of payment of claim.--Payment
                        of a clean claim under subparagraph (A) is
                        considered to have been made on the date on
                        which full payment is received by the provider.
                    ``(E) Electronic transfer of funds.--A PDP sponsor
                shall pay all clean claims submitted electronically by
                an electronic funds transfer mechanism.''.
    (b) Application to MA-PD Plans.--Section 1857(f) of such Act (42
U.S.C. 1395w-27) is amended by adding at the end the following new
paragraph:
            ``(3) Incorporation of certain prescription drug plan
        contract requirements.--The provisions of section 1860D-
        12(b)(4) shall apply to contracts with a Medicare Advantage
        organization in the same manner as they apply to contracts with
        a PDP sponsor offering a prescription drug plan under part
        D.''.
    (c) Effective Date.--The amendments made by this section shall
apply to contracts entered into or renewed on or after the date of the
enactment of this Act.

SEC. 3. RESTRICTION ON CO-BRANDING.

    (a) Application to Prescription Drug Information Disseminated.--
Subsection (a) of section 1860D-4 of the Social Security Act (42 U.S.C.
1395w-104) is amended by adding at the end the following new paragraph:
            ``(5) Restriction on displaying pharmacy brand or trademark
        information.--
                    ``(A) In general.--It is unlawful for a PDP sponsor
                of a prescription drug plan to display on any
                explanatory information described in subparagraph (B),
                with respect to benefits provided under this part, the
                brand or trademark of any pharmacy.
                    ``(B) Explanatory information described.--For
                purposes of subparagraph (A), explanatory information
                is each of the following:
                            ``(i) Information on evidence of coverage
                        under this part.
                            ``(ii) Information that summarizes benefits
                        provided under this part.
                            ``(iii) Enrollment and disenrollment forms.
                            ``(iv) Enrollment and disenrollment
                        letters.
                            ``(v) Pharmacy directories.
                            ``(vi) Formulary information.
                            ``(vii) Grievance letters provided pursuant
                        to subsection (f), coverage determination
                        letters provided pursuant to subsection (g),
                        and appeals letters provided pursuant to
                        subsection (h).
                            ``(viii) Exceptions process letters.
                            ``(ix) Information contained in sales
                        descriptions or sales presentations.''.
    (b) Application to Enrollee Cards.--Subsection (b)(2)(A) of such
section is amended by adding at the end the following new sentence:
``It is unlawful for a PDP sponsor of a prescription drug plan to
display on such a card the name, brand, or trademark of any pharmacy.''
    (c) Effective Date.--
            (1) Explanatory information.--With respect to explanatory
        information dispensed on or after the date of the enactment of
        this Act, the amendment made by subsection (a) shall apply to
        such information on and after the date that is 90 days after
        such date of enactment.
            (2) Enrollee cards.--With respect to cards dispensed
        before, on, or after the date of the enactment of this Act, the
        amendment made by subsection (b) shall apply to such cards on
        and after the date that is 90 days after such date of
        enactment. Any card dispensed before such date that is 90 days
        after the date of enactment that violates the second sentence
        of section 1860D-4(b)(2)(A) of the Social Security Act, as
        added by subsection (b), shall be reissued by such 90-day date.

Output:
Fair and Speedy Treatment (FAST) of Medicare Prescription Drug Claims Act of 2007 - Amends title XVIII of the Social Security Act to require prompt payment of clean claims to pharmacies by prescription drug plans (PDPs) and Medicare Advantage prescription drug plans (MA-PD Plans). Defines "prompt payment" as within 14 calendar days from submission for claims submitted electronically, and within 30 calendar days for claims submitted otherwise. Requires payment of interest, also, if a payment is not issued, mailed, or otherwise transmitted within the applicable number of calendar days.

Makes it unlawful for a PDP sponsor to display on any explanatory prescription drug information and enrollee cards the name, brand, or trademark (co-branding) of any pharmacy.