```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2954 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2954

 To improve the health of minority individuals, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2011

   Ms. Lee of California (for herself, Mrs. Christensen, Ms. Roybal-
 Allard, Ms. Bass of California, Mr. Bishop of Georgia, Ms. Bordallo, 
   Mr. Brooks, Ms. Brown of Florida, Mr. Butterfield, Mr. Carson of 
 Indiana, Ms. Chu, Mr. Clarke of Michigan, Ms. Clarke of New York, Mr. 
 Clay, Mr. Cleaver, Mr. Cohen, Mr. Conyers, Mr. Cummings, Mr. Davis of 
   Illinois, Ms. DeGette, Ms. DeLauro, Ms. Edwards, Mr. Ellison, Mr. 
  Faleomavaega, Mr. Fattah, Ms. Fudge, Mr. Gonzalez, Mr. Al Green of 
    Texas, Mr. Grijalva, Mr. Gutierrez, Ms. Hahn, Ms. Hanabusa, Mr. 
 Hastings of Florida, Ms. Hirono, Mr. Honda, Mr. Jackson of Illinois, 
  Ms. Jackson Lee of Texas, Mr. Johnson of Georgia, Ms. Eddie Bernice 
 Johnson of Texas, Mr. Lewis of Georgia, Mr. Kucinich, Ms. Matsui, Mr. 
McGovern, Mr. Meeks, Ms. Moore, Mrs. Napolitano, Ms. Norton, Mr. Olver, 
 Mr. Payne, Mr. Pierluisi, Mr. Rangel, Mr. Reyes, Ms. Richardson, Mr. 
Richmond, Mr. Rush, Mr. Sablan, Ms. Linda T. Sanchez of California, Ms. 
  Schakowsky, Mr. Scott of Virginia, Mr. David Scott of Georgia, Mr. 
  Serrano, Mr. Sires, Ms. Slaughter, Mr. Thompson of Mississippi, Mr. 
 Towns, Ms. Waters, Mr. Watt, Ms. Wilson of Florida, and Ms. Woolsey) 
 introduced the following bill; which was referred to the Committee on 
  Energy and Commerce, and in addition to the Committees on Ways and 
  Means, Education and the Workforce, the Budget, Veterans' Affairs, 
Armed Services, Agriculture, the Judiciary, and Natural Resources, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
 To improve the health of minority individuals, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Equity and Accountability Act 
of 2011''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
                 TITLE I--DATA COLLECTION AND REPORTING

Sec. 101. Amendment to the Public Health Service Act.
Sec. 102. Elimination of prerequisite of direct appropriations for data 
                            collection and analysis.
Sec. 103. Collection of race and ethnicity data by the Social Security 
                            Administration.
Sec. 104. Revision of HIPAA claims standards.
Sec. 105. National Center for Health Statistics.
Sec. 106. Oversampling of Asian-Americans, Native Hawaiians, or Pacific 
                            Islanders and other underrepresented groups 
                            in Federal health surveys.
Sec. 107. Geo-access study.
Sec. 108. Racial, ethnic, and linguistic data collected by the Federal 
                            Government.
Sec. 109. Data collection and analysis grants to minority-serving 
                            institutions.
Sec. 110. Standards for measuring sexual orientation and gender 
                            identity in collection of health data.
Sec. 111. Optional collection of health data on immigrants and 
                            individuals in their households.
Sec. 112. Standards for measuring socioeconomic status in collection of 
                            health data.
Sec. 113. Safety and effectiveness of drugs with respect to racial and 
                            ethnic background.
Sec. 114. GAO study on compliance with existing FDA requirements to 
                            present drug and device safety and 
                            effectiveness data by sex, age, and racial 
                            and ethnic subgroups.
Sec. 115. Improving health data regarding Native Hawaiians and other 
                            Pacific Islanders.
    TITLE II--CULTURALLY AND LINGUISTICALLY APPROPRIATE HEALTH CARE

Sec. 201. Definitions.
Sec. 202. Amendment to the Public Health Service Act.
Sec. 203. Federal reimbursement for culturally and linguistically 
                            appropriate services under the Medicare, 
                            Medicaid, and State Children's Health 
                            Insurance Programs.
Sec. 204. Increasing understanding of and improving health literacy.
Sec. 205. Assurances for receiving Federal funds.
Sec. 206. Report on Federal efforts to provide culturally and 
                            linguistically appropriate health care 
                            services.
Sec. 207. English for speakers of other languages.
Sec. 208. Implementation.
Sec. 209. Language access services.
                 TITLE III--HEALTH WORKFORCE DIVERSITY

Sec. 301. Amendment to the Public Health Service Act.
Sec. 302. Hispanic-serving health professions schools.
Sec. 303. Loan repayment program of Centers for Disease Control and 
                            Prevention.
Sec. 304. Cooperative agreements for online degree programs at schools 
                            of public health and schools of allied 
                            health.
Sec. 305. National report on the preparedness of health professionals 
                            to care for diverse populations.
Sec. 306. Scholarship and fellowship programs.
Sec. 307. Advisory Committee on Health Professions Training for 
                            Diversity.
Sec. 308. McNair Postbaccalaureate Achievement Program.
Sec. 309. Rules for determination of full-time equivalent residents for 
                            cost reporting periods.
Sec. 310. Developing and implementing strategies for local health 
                            equity.
Sec. 311. Loan forgiveness for mental and behavioral health social 
                            workers.
             TITLE IV--IMPROVEMENT OF HEALTH CARE SERVICES

                  Subtitle A--Health Empowerment Zones

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Designation of health empowerment zones.
Sec. 404. Assistance to those seeking designation.
Sec. 405. Benefits of designation.
Sec. 406. Definition.
Sec. 407. Authorization of appropriations.
         Subtitle B--Other Improvements of Health Care Services

                    Chapter 1--Expansion of Coverage

Sec. 411. Amendment to the Public Health Service Act.
Sec. 412. Removing barriers to unsubsidized purchase of private 
                            insurance in American Health Benefit 
                            Exchanges.
Sec. 413. Study on the uninsured.
Sec. 414. Medicaid payment parity for the territories.
Sec. 415. Clarification of Medicaid coverage for citizens of Freely 
                            Associated States.
Sec. 416. Extension of Medicare secondary payer.
Sec. 417. Border health grants.
Sec. 418. Removing Medicare barrier to health care.
Sec. 419. 100 percent FMAP for medical assistance provided by urban 
                            Indian health centers.
Sec. 420. 100 percent FMAP for medical assistance provided to a Native 
                            Hawaiian through a federally qualified 
                            health center or a Native Hawaiian health 
                            care system under the Medicaid program.
                     Chapter 2--Expansion of Access

Sec. 421. Grants for racial and ethnic approaches to community health.
Sec. 422. Critical access hospital improvements.
Sec. 423. Establishment of Rural Community Hospital (RCH) Program.
Sec. 424. Medicare remote monitoring pilot projects.
Sec. 425. Rural health quality advisory commission and demonstration 
                            projects.
Sec. 426. Rural health care services.
Sec. 427. Community health center collaborative access expansion.
Sec. 428. Facilitating the provision of telehealth services across 
                            State lines.
Sec. 429. Scoring of preventive health savings.
Sec. 430. Sense of Congress.
Sec. 431. Repeal of requirement for documentation evidencing 
                            citizenship or nationality under the 
                            Medicaid program.
Sec. 432. Office of Minority Health in Veterans Health Administration 
                            of Department of Veterans Affairs.
Sec. 433. Access for Native Americans under PPACA.
  TITLE V--IMPROVING HEALTH OUTCOMES FOR WOMEN, CHILDREN, AND FAMILIES

Sec. 501. Grants to promote positive health behaviors in women and 
                            children.
Sec. 502. Removing barriers to health care and nutrition assistance for 
                            children, pregnant women, and lawfully 
                            present individuals.
Sec. 503. Repeal of denial of benefits.
Sec. 504. Birth defects prevention, risk reduction, and awareness.
Sec. 505. Uniform State maternal mortality review committees on 
                            pregnancy-related deaths.
Sec. 506. Eliminating disparities in maternity health outcomes.
Sec. 507. Decreasing the risk factors for sudden unexpected infant 
                            death and sudden unexplained death in 
                            childhood.
Sec. 508. Reducing teenage pregnancies.
Sec. 509. Gestational diabetes.
Sec. 510. Emergency contraception education and information programs.
Sec. 511. Supporting healthy adolescent development.
                        TITLE VI--MENTAL HEALTH

Sec. 601. Coverage of marriage and family therapist services and mental 
                            health counselor services under part B of 
                            the Medicare program.
Sec. 602. Community Mental Health and Addiction Safety Net Equity Act.
Sec. 603. Minority Fellowship Program.
Sec. 604. Integrated Health Care Demonstration Program.
Sec. 605. Addressing racial and ethnic minority mental health 
                            disparities research gaps.
          TITLE VII--ADDRESSING HIGH IMPACT MINORITY DISEASES

                           Subtitle A--Cancer

Sec. 701. Lung Cancer Mortality Reduction Program.
Sec. 702. Expanding prostate cancer research, outreach, screening, 
                            testing, access, and treatment 
                            effectiveness.
Sec. 703. Improved Medicaid coverage for certain breast and cervical 
                            cancer patients in the territories.
Sec. 704. Cancer prevention and treatment demonstration for ethnic and 
                            racial minorities.
Sec. 705. Reducing cancer disparities within Medicare.
  Subtitle B--Viral Hepatitis and Liver Cancer Control and Prevention

Sec. 711. Viral hepatitis and liver cancer control and prevention.
           Subtitle C--Acquired Bone Marrow Failure Diseases

Sec. 721. Acquired Bone Marrow Failure Diseases.
Subtitle D--Cardiovascular Disease, Chronic Disease, and Other Disease 
                                 Issues

Sec. 731. Guidelines for disease screening for minority patients.
Sec. 732. Coverage of the shingles vaccine under the Medicare program.
Sec. 733. CDC Wisewoman Screening Program.
Sec. 734. Report on cardiovascular care for women and minorities.
Sec. 735. Coverage of comprehensive tobacco cessation services in 
                            Medicaid.
Sec. 736. Clinical research funding for oral health.
                          Subtitle E--HIV/AIDS

Sec. 741. Findings.
Sec. 742. Addressing HIV/AIDS in communities of color.
Sec. 743. HIV/AIDS reduction in racial and ethnic minority communities.
Sec. 744. Repealing ineffective and incomplete abstinence-only 
                            education program.
Sec. 745. Dental Education Loan Repayment Program.
Sec. 746. Report on the implementation of the national HIV/AIDS 
                            strategy.
Sec. 747. Addressing HIV/AIDS in the African-American community.
Sec. 748. National Black Clergy for the Elimination of HIV/AIDS.
Sec. 749. Reducing the spread of sexually transmitted infections in 
                            correctional facilities.
Sec. 750. Stop AIDS in prison.
Sec. 751. Services to reduce HIV/AIDS in racial and ethnic minority 
                            communities.
Sec. 752. Health care professionals treating individuals with HIV/AIDS.
Sec. 753. Report on impact of HIV/AIDS in racial and ethnic minority 
                            communities.
Sec. 754. Study on status of HIV/AIDS epidemic among African-Americans.
                          Subtitle F--Diabetes

Sec. 755. Treatment of diabetes in minority communities.
Sec. 756. Eliminating disparities in diabetes prevention access and 
                            care.
                        Subtitle G--Lung Disease

Sec. 761. Expansion of the National Asthma Education and Prevention 
                            Program.
Sec. 762. Asthma-related activities of the centers for disease control 
                            and prevention.
Sec. 763. Influenza and pneumonia vaccination campaign.
Sec. 764. Chronic obstructive pulmonary disease action plan.
               TITLE VIII--HEALTH INFORMATION TECHNOLOGY

       Subtitle A--Reducing Health Disparities Through Health IT

Sec. 801. HRSA assistance to health centers for promotion of Health IT.
Sec. 802. Assessment of impact of Health IT on racial and ethnic 
                            minority communities; outreach and adoption 
                            of Health IT in such communities.
    Subtitle B--Modifications to Achieve Parity in Existing Programs

Sec. 811. Extending funding to strengthen the Health IT infrastructure 
                            in racial and ethnic minority communities.
Sec. 812. Prioritizing regional extension center assistance to racial 
                            and ethnic minority groups.
Sec. 813. Extending competitive grants for the development of loan 
                            programs to facilitate adoption of 
                            certified EHR technology by providers 
                            serving racial and ethnic minority groups.
              Subtitle C--Additional Research and Studies

Sec. 831. Data collection and assessments conducted in coordination 
                            with minority-serving institutions.
Sec. 832. IOM study and report on privacy concerns of certain minority 
                            populations.
Sec. 833. Study of health information technology in medically 
                            underserved communities.
      Subtitle D--Closing Gaps in Funding To Adopt Certified EHRs

Sec. 841. Application of Medicare HITECH payments to hospitals in 
                            Puerto Rico.
Sec. 842. Extending Medicaid EHR incentive payments to long-term care 
                            facilities and home health agencies.
Sec. 843. Extending physician assistant eligibility for Medicaid 
                            electronic health record incentive 
                            payments.
                TITLE IX--ACCOUNTABILITY AND EVALUATION

Sec. 901. Prohibition on discrimination in Federal assisted health care 
                            services and research programs on the basis 
                            of sex, race, color, national origin, 
                            sexual orientation, gender identity, or 
                            disability status.
Sec. 902. Treatment of Medicare payments under Title VI of the Civil 
                            Rights Act of 1964.
Sec. 903. Accountability and transparency within the Department of 
                            Health and Human Services.
Sec. 904. United States Commission on Civil Rights.
Sec. 905. Sense of Congress concerning full funding of activities to 
                            eliminate racial and ethnic health 
                            disparities.
Sec. 906. GAO and NIH reports.
  TITLE X--ADDRESSING SOCIAL DETERMINANTS AND IMPROVING ENVIRONMENTAL 
                                JUSTICE

Sec. 1001. Codification of Executive Order 12898.
Sec. 1002. Implementation of recommendations by Environmental 
                            Protection Agency.
Sec. 1003. Grant program.
Sec. 1004. Additional research on the relationship between the built 
                            environment and the health of community 
                            residents.
Sec. 1005. Environment and public health restoration.
Sec. 1006. Healthy Food Financing Initiative.
Sec. 1007. GAO report on health effects of Deepwater Horizon oil rig 
                            explosion in the Gulf Coast.

SEC. 3. FINDINGS.

    The Congress finds as follows:
            (1) The population of racial and ethnic minorities is 
        expected to increase over the next few decades, yet racial and 
        ethnic minorities have the poorest health status and face 
        substantial cultural, social, and economic barriers to 
        obtaining quality health care.
            (2) Health disparities are a function of not only access to 
        health care, but also the social determinants of health--
        including the environment, the physical structure of 
        communities, nutrition and food options, educational 
        attainment, employment, race, ethnicity, sex, geography, 
        language preference, immigrant or citizenship status, sexual 
        orientation, gender identity, socioeconomic status, or 
        disability status--that directly and indirectly affect the 
        health, health care, and wellness of individuals and 
        communities.
            (3) By 2020, the Nation will face a shortage of health care 
        providers and allied health workers and this shortage 
        disproportionately affects health professional shortage areas 
        where many racial and ethnic minority populations reside.
            (4) All efforts to reduce health disparities and barriers 
        to quality health services require better and more consistent 
        data.
            (5) A full range of culturally and linguistically 
        appropriate health care and public health services must be 
        available and accessible in every community.
            (6) Racial and ethnic minorities and underserved 
        populations must be included early and equitably in health 
        reform innovations.
            (7) Efforts to improve minority health have been limited by 
        inadequate resources in funding, staffing, stewardship and 
        accountability. Targeted investments that are focused on 
        disparities elimination must be made in providing care and 
        services that are community-based, including prevention and 
        policies addressing social determinants of health.
            (8) In 2011, the Department of Health and Human Services 
        developed the HHS Action Plan to Reduce Racial and Ethnic 
        Health Disparities and the National Stakeholder Strategy for 
        Achieving Health Equity, two strategic plans that represent the 
        country's first coordinated roadmap to reducing health 
        disparities. Along with the National Prevention Strategy and 
        the National Health Care Quality Strategy, these comprehensive 
        plans will work to increase the number of Americans who are 
        healthy at every stage of life.
            (9) The Department of Health and Human Services also 
        developed other strategic planning documents to combat disease 
        disparities with a high impact on minority populations 
        including the National HIV/AIDS Strategy, and the Action Plan 
        for the Prevention, Care and Treatment of Viral Hepatitis.
            (10) The Patient Protection and Affordable Care Act, as 
        amended by the Health Care and Education Reconciliation Act, 
        represents the biggest advancement for minority health in the 
        last 40 years.

                 TITLE I--DATA COLLECTION AND REPORTING

SEC. 101. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

    (a) Purpose.--It is the purpose of this section to promote data 
collection, analysis, and reporting by race, ethnicity, sex, primary 
language, sexual orientation, disability status, gender identity, and 
socioeconomic status among federally supported health programs.
    (b) Amendment.--Title XXXIV of the Public Health Service Act, as 
amended by titles II and III of this Act, is further amended by 
inserting after subtitle A the following:

 ``Subtitle B--Strengthening Data Collection, Improving Data Analysis, 
                      and Expanding Data Reporting

``SEC. 3431. HEALTH DISPARITY DATA.

    ``(a) Requirements.--
            ``(1) In general.--Each health-related program operated by 
        or that receives funding or reimbursement, in whole or in part, 
        either directly or indirectly from the Department of Health and 
        Human Services shall--
                    ``(A) require the collection, by the agency or 
                program involved, of data on the race, ethnicity, sex, 
                primary language, sexual orientation, disability 
                status, gender identity, and socioeconomic status of 
                each applicant for and recipient of health-related 
                assistance under such program--
                            ``(i) using, at a minimum, the standards 
                        for data collection on race, ethnicity, sex, 
                        primary language, sexual orientation, 
                        disability status, gender identity, and 
                        socioeconomic status developed under section 
                        3101;
                            ``(ii) collecting data for additional 
                        population groups if such groups can be 
                        aggregated into the minimum race and ethnicity 
                        categories;
                            ``(iii) additionally referring, where 
                        practicable, to the standards developed by the 
                        Institute of Medicine in `Race, Ethnicity, and 
                        Language Data: Standardization for Health Care 
                        Quality Improvement'; and
                            ``(iv) where practicable, through self-
                        reporting;
                    ``(B) with respect to the collection of the data 
                described in subparagraph (A), for applicants and 
                recipients who are minors, require communication 
                assistance in speech or writing, and for applicants and 
                recipients who are otherwise legally incapacitated, 
                require that--
                            ``(i) such data be collected from the 
                        parent or legal guardian of such an applicant 
                        or recipient; and
                            ``(ii) the primary language of the parent 
                        or legal guardian of such an applicant or 
                        recipient be collected;
                    ``(C) systematically analyze such data using the 
                smallest appropriate units of analysis feasible to 
                detect racial and ethnic disparities, as well as 
                disparities along the lines of primary language, sex, 
                disability status, sexual orientation, gender identity, 
                and socioeconomic status in health and health care, and 
                report the results of such analysis to the Secretary, 
                the Director of the Office for Civil Rights, each 
                agency listed in section 3101(c)(1), the Committee on 
                Health, Education, Labor, and Pensions and the 
                Committee on Finance of the Senate, and the Committee 
                on Energy and Commerce and the Committee on Ways and 
                Means of the House of Representatives;
                    ``(D) provide such data to the Secretary on at 
                least an annual basis; and
                    ``(E) ensure that the provision of assistance to an 
                applicant or recipient of assistance is not denied or 
                otherwise adversely affected because of the failure of 
                the applicant or recipient to provide race, ethnicity, 
                primary language, sex, sexual orientation, disability 
                status, gender identity, and socioeconomic status data.
            ``(2) Rules of construction.--Nothing in this subsection 
        shall be construed to--
                    ``(A) permit the use of information collected under 
                this subsection in a manner that would adversely affect 
                any individual providing any such information; and
                    ``(B) diminish existing or future requirements on 
                health care providers to collect data.
    ``(b) Protection of Data.--The Secretary shall ensure (through the 
promulgation of regulations or otherwise) that all data collected 
pursuant to subsection (a) are protected--
            ``(1) under the same privacy protections as the Secretary 
        applies to other health data under the regulations promulgated 
        under section 264(c) of the Health Insurance Portability and 
        Accountability Act of 1996 (Public Law 104-191; 110 Stat. 2033) 
        relating to the privacy of individually identifiable health 
        information and other protections; and
            ``(2) from all inappropriate internal use by any entity 
        that collects, stores, or receives the data, including use of 
        such data in determinations of eligibility (or continued 
        eligibility) in health plans, and from other inappropriate 
        uses, as defined by the Secretary.
    ``(c) National Plan of the Data Council.--The Secretary shall 
develop and implement a national plan to ensure the collection of data 
in a culturally appropriate and competent manner, to improve the 
collection, analysis, and reporting of racial, ethnic, sex, primary 
language, sexual orientation, disability status, gender identity, and 
socioeconomic status data at the Federal, State, territorial, tribal, 
and local levels, including data to be collected under subsection (a), 
and to ensure that data collection activities carried out under this 
section are in compliance with the standards developed under section 
3101. The Data Council of the Department of Health and Human Services, 
in consultation with the National Committee on Vital Health Statistics, 
the Office of Minority Health, Office on Women's Health, and other 
appropriate public and private entities, shall make recommendations to 
the Secretary concerning the development, implementation, and revision 
of the national plan. Such plan shall include recommendations on how 
to--
            ``(1) implement subsection (a) while minimizing the cost 
        and administrative burdens of data collection and reporting;
            ``(2) expand awareness among Federal agencies, States, 
        territories, Indian tribes, health providers, health plans, 
        health insurance issuers, and the general public that data 
        collection, analysis, and reporting by race, ethnicity, primary 
        language, sexual orientation, disability status, gender 
        identity, and socioeconomic status is legal and necessary to 
        assure equity and nondiscrimination in the quality of health 
        care services;
            ``(3) ensure that future patient record systems have data 
        code sets for racial, ethnic, primary language, sexual 
        orientation, disability status, gender identity, and 
        socioeconomic status identifiers and that such identifiers can 
        be retrieved from clinical records, including records 
        transmitted electronically;
            ``(4) improve health and health care data collection and 
        analysis for more population groups if such groups can be 
        aggregated into the minimum race and ethnicity categories, 
        including exploring the feasibility of enhancing collection 
        efforts in States for racial and ethnic groups that comprise a 
        significant proportion of the population of the State;
            ``(5) provide researchers with greater access to racial, 
        ethnic, primary language, sexual orientation, disability 
        status, gender identity, and socioeconomic status data, subject 
        to privacy and confidentiality regulations; and
            ``(6) safeguard and prevent the misuse of data collected 
        under subsection (a).
    ``(d) Compliance With Standards.--Data collected under subsection 
(a) shall be obtained, maintained, and presented (including for 
reporting purposes) in accordance with the 1997 Office of Management 
and Budget Standards for Maintaining, Collecting, and Presenting 
Federal Data on Race and Ethnicity (at a minimum).
    ``(e) Technical Assistance for the Collection and Reporting of 
Data.--
            ``(1) In general.--The Secretary may, either directly or 
        through grant or contract, provide technical assistance to 
        enable a health care program or an entity operating under such 
        program to comply with the requirements of this section.
            ``(2) Types of assistance.--Assistance provided under this 
        subsection may include assistance to--
                    ``(A) enhance or upgrade computer technology that 
                will facilitate racial, ethnic, primary language, 
                sexual orientation, disability status, gender identity, 
                and socioeconomic status data collection and analysis;
                    ``(B) improve methods for health data collection 
                and analysis including additional population groups 
                beyond the Office of Management and Budget categories 
                if such groups can be aggregated into the minimum race 
                and ethnicity categories;
                    ``(C) develop mechanisms for submitting collected 
                data subject to existing privacy and confidentiality 
                regulations; and
                    ``(D) develop educational programs to inform health 
                insurance issuers, health plans, health providers, 
                health-related agencies, and the general public that 
                data collection and reporting by race, ethnicity, 
                primary language, sexual orientation, disability 
                status, gender identity, and socioeconomic status are 
                legal and essential for eliminating health and health 
                care disparities.
    ``(f) Analysis of Health Disparity Data.--The Secretary, acting 
through the Director of the Agency for Healthcare Research and Quality 
and in coordination with the Administrator of the Centers for Medicare 
& Medicaid Services, shall provide technical assistance to agencies of 
the Department of Health and Human Services in meeting Federal 
standards for health disparity data collection and for analysis of 
racial and ethnic disparities in health and health care in public 
programs by--
            ``(1) identifying appropriate quality assurance mechanisms 
        to monitor for health disparities;
            ``(2) specifying the clinical, diagnostic, or therapeutic 
        measures which should be monitored;
            ``(3) developing new quality measures relating to racial 
        and ethnic disparities and their overlap with other disparity 
        factors in health and health care;
            ``(4) identifying the level at which data analysis should 
        be conducted; and
            ``(5) sharing data with external organizations for research 
        and quality improvement purposes.
    ``(g) Definition.--In this section, the term `health-related 
program' mean a program--
            ``(1) under the Social Security Act (42 U.S.C. 301 et seq.) 
        that pays for health care and services; and
            ``(2) under this Act that provides Federal financial 
        assistance for health care, biomedical research, or health 
        services research and or is designed to improve the public's 
        health.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2012 through 2017.

``SEC. 3432. PROVISIONS RELATING TO NATIVE AMERICANS.

    ``(a) Establishment of Epidemiology Centers.--The Secretary shall 
establish an epidemiology center in each service area to carry out the 
functions described in subsection (b). Any new center established after 
the date of the enactment of the Health Equity and Accountability Act 
of 2011 may be operated under a grant authorized by subsection (d), but 
funding under such a grant shall not be divisible.
    ``(b) Functions of Centers.--In consultation with and upon the 
request of Indian tribes, tribal organizations, and urban indian 
organizations, each service area epidemiology center established under 
this subsection shall, with respect to such service area--
            ``(1) collect data relating to, and monitor progress made 
        toward meeting, each of the health status objectives of the 
        service, the Indian tribes, tribal organizations, and urban 
        indian organizations in the service area;
            ``(2) evaluate existing delivery systems, data systems, and 
        other systems that impact the improvement of Indian health;
            ``(3) assist Indian tribes, tribal organizations, and urban 
        indian organizations in identifying their highest priority 
        health status objectives and the services needed to achieve 
        such objectives, based on epidemiological data;
            ``(4) make recommendations for the targeting of services 
        needed by the populations served;
            ``(5) make recommendations to improve health care delivery 
        systems for Indians and urban Indians;
            ``(6) provide requested technical assistance to Indian 
        tribes, tribal organizations, and urban indian organizations in 
        the development of local health service priorities and 
        incidence and prevalence rates of disease and other illness in 
        the community; and
            ``(7) provide disease surveillance and assist Indian 
        tribes, tribal organizations, and urban Indian organizations to 
        promote public health.
    ``(c) Technical Assistance.--The Director of the Centers for 
Disease Control and Prevention shall provide technical assistance to 
the centers in carrying out the requirements of this subsection.
    ``(d) Grants for Studies.--
            ``(1) In general.--The Secretary may make grants to Indian 
        tribes, tribal organizations, urban indian organizations, and 
        eligible intertribal consortia to conduct epidemiological 
        studies of Indian communities.
            ``(2) Eligible intertribal consortia.--An intertribal 
        consortium is eligible to receive a grant under this subsection 
        if--
                    ``(A) the intertribal consortium is incorporated 
                for the primary purpose of improving Indian health; and
                    ``(B) the intertribal consortium is representative 
                of the Indian tribes or urban Indian communities in 
                which the intertribal consortium is located.
            ``(3) Applications.--An application for a grant under this 
        subsection shall be submitted in such manner and at such time 
        as the Secretary shall prescribe.
            ``(4) Requirements.--An applicant for a grant under this 
        subsection shall--
                    ``(A) demonstrate the technical, administrative, 
                and financial expertise necessary to carry out the 
                functions described in paragraph (5);
                    ``(B) consult and cooperate with providers of 
                related health and social services in order to avoid 
                duplication of existing services; and
                    ``(C) demonstrate cooperation from Indian tribes or 
                urban Indian organizations in the area to be served.
            ``(5) Use of funds.--A grant awarded under paragraph (1) 
        may be used--
                    ``(A) to carry out the functions described in 
                subsection (b);
                    ``(B) to provide information to and consult with 
                tribal leaders, urban Indian community leaders, and 
                related health staff on health care and health service 
                management issues; and
                    ``(C) in collaboration with Indian tribes, tribal 
                organizations, and urban Indian communities, to provide 
                the service with information regarding ways to improve 
                the health status of Indians.
    ``(e) Access to Information.--An epidemiology center operated by a 
grantee pursuant to a grant awarded under subsection (d) shall be 
treated as a public health authority for purposes of the Health 
Insurance Portability and Accountability Act of 1996 (Public Law 104-
191; 110 Stat. 2033), as such entities are defined in part 164.501 of 
title 45, Code of Federal Regulations (or a successor regulation). The 
Secretary shall grant such grantees access to and use of data, data 
sets, monitoring systems, delivery systems, and other protected health 
information in the possession of the Secretary.''.

SEC. 102. ELIMINATION OF PREREQUISITE OF DIRECT APPROPRIATIONS FOR DATA 
              COLLECTION AND ANALYSIS.

    Section 3101 of the Public Health Service Act (42 U.S.C. 300kk) is 
amended--
            (1) by striking subsection (h); and
            (2) by redesignating subsection (i) as subsection (h).

SEC. 103. COLLECTION OF RACE AND ETHNICITY DATA BY THE SOCIAL SECURITY 
              ADMINISTRATION.

    Part A of title XI of the Social Security Act (42 U.S.C. 1301 et 
seq.) is amended by adding at the end the following:

``SEC. 1150C. COLLECTION OF RACE AND ETHNICITY DATA BY THE SOCIAL 
              SECURITY ADMINISTRATION.

    ``(a) Requirement.--The Commissioner of Social Security, in 
consultation with the Administrator of the Centers for Medicare & 
Medicaid Services, shall--
            ``(1) require the collection of data on the race, 
        ethnicity, primary language, and disability status of all 
        applicants for Social Security account numbers or benefits 
        under title II or part A of title XVIII and all individuals 
        with respect to whom the Commissioner maintains records of 
        wages and self-employment income in accordance with reports 
        received by the Commissioner or the Secretary of the Treasury--
                    ``(A) using, at a minimum, the standards for data 
                collection on race, ethnicity, primary language, and 
                disability status developed under section 3101 of the 
                Public Health Service Act;
                    ``(B) where practicable, collecting data for 
                additional population groups if such groups can be 
                aggregated into the minimum race and ethnicity 
                categories; and
                    ``(C) additionally referring, where practicable, to 
                the standards developed by the Institute of Medicine in 
                `Race, Ethnicity, and Language Data: Standardization 
                for Health Care Quality Improvement' (released August 
                31, 2009);
            ``(2) with respect to the collection of the data described 
        in paragraph (1) for applicants who are under 18 years of age 
        or otherwise legally incapacitated, require that--
                    ``(A) such data be collected from the parent or 
                legal guardian of such an applicant; and
                    ``(B) the primary language of the parent or legal 
                guardian of such an applicant or recipient be used;
            ``(3) require that such data be uniformly analyzed and 
        reported at least annually to the Commissioner of Social 
        Security;
            ``(4) be responsible for storing the data reported under 
        paragraph (3);
            ``(5) ensure transmission to the Centers for Medicare & 
        Medicaid Services and other Federal health agencies;
            ``(6) provide such data to the Secretary on at least an 
        annual basis; and
            ``(7) ensure that the provision of assistance to an 
        applicant is not denied or otherwise adversely affected because 
        of the failure of the applicant to provide race, ethnicity, 
        primary language, and disability status data.
    ``(b) Protection of Data.--The Commissioner of Social Security 
shall ensure (through the promulgation of regulations or otherwise) 
that all data collected pursuant to subsection (a) are protected--
            ``(1) under the same privacy protections as the Secretary 
        applies to health data under the regulations promulgated under 
        section 264(c) of the Health Insurance Portability and 
        Accountability Act of 1996 (Public Law 104-191; 110 Stat. 2033) 
        relating to the privacy of individually identifiable health 
        information and other protections; and
            ``(2) from all inappropriate internal use by any entity 
        that collects, stores, or receives the data, including use of 
        such data in determinations of eligibility (or continued 
        eligibility) in health plans, and from other inappropriate 
        uses, as defined by the Secretary.
    ``(c) Rule of Construction.--Nothing in this section shall be 
construed to permit the use of information collected under this section 
in a manner that would adversely affect any individual providing any 
such information.
    ``(d) Technical Assistance.--The Secretary may, either directly or 
by grant or contract, provide technical assistance to enable any health 
entity to comply with the requirements of this section.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2012 through 2017.''.

SEC. 104. REVISION OF HIPAA CLAIMS STANDARDS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Health and Human Services shall revise 
the regulations promulgated under part C of title XI of the Social 
Security Act (42 U.S.C. 1320d et seq.), relating to the collection of 
data on race, ethnicity, and primary language in a health-related 
transaction, to require--
            (1) the use, at a minimum, of the standards for data 
        collection on race, ethnicity, primary language, disability, 
        and sex developed under section 3101 of the Public Health 
        Service Act (42 U.S.C. 300kk); and
            (2) the designation of the racial, ethnic, primary 
        language, disability, and sex code sets as required for claims 
        and enrollment data.
    (b) Dissemination.--The Secretary of Health and Human Services 
shall disseminate the new standards developed under subsection (a) to 
all health entities that are subject to the regulations described in 
such subsection and provide technical assistance with respect to the 
collection of the data involved.
    (c) Compliance.--The Secretary of Health and Human Services shall 
require that health entities comply with the new standards developed 
under subsection (a) not later than 2 years after the final 
promulgation of such standards.

SEC. 105. NATIONAL CENTER FOR HEALTH STATISTICS.

    Section 306(n) of the Public Health Service Act (42 U.S.C. 242k(n)) 
is amended--
            (1) in paragraph (1), by striking ``2003'' and inserting 
        ``2016'';
            (2) in paragraph (2), in the first sentence, by striking 
        ``2003'' and inserting ``2016''; and
            (3) in paragraph (3), by striking ``2002'' and inserting 
        ``2016''.

SEC. 106. OVERSAMPLING OF ASIAN-AMERICANS, NATIVE HAWAIIANS, OR PACIFIC 
              ISLANDERS AND OTHER UNDERREPRESENTED GROUPS IN FEDERAL 
              HEALTH SURVEYS.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243 
et seq.) is amended by inserting after section 317T the following:

``SEC. 317U. OVERSAMPLING OF ASIAN-AMERICANS, NATIVE HAWAIIANS, OR 
              PACIFIC ISLANDERS AND OTHER UNDERREPRESENTED GROUPS IN 
              FEDERAL HEALTH SURVEYS.

    ``(a) National Strategy.--
            ``(1) In general.--The Secretary of Health and Human 
        Services, acting through the Director of the National Center 
        for Health Statistics (referred to in this section as `NCHS') 
        of the Centers for Disease Control and Prevention, and other 
        agencies within the Department of Health and Human Services as 
        the Secretary determines appropriate, shall develop and 
        implement an ongoing and sustainable national strategy for 
        oversampling Asian-Americans, Native Hawaiians, or Pacific 
        Islanders, and other underrepresented populations as determined 
        appropriate by the Secretary in Federal health surveys.
            ``(2) Consultation.--In developing and implementing a 
        national strategy, as described in paragraph (1), not later 
        than 180 days after the date of the enactment of the this 
        section, the Secretary--
                    ``(A) shall consult with representatives of 
                community groups, nonprofit organizations, 
                nongovernmental organizations, and government agencies 
                working with Asian-Americans, Native Hawaiians, or 
                Pacific Islanders, and other underrepresented 
                populations; and
                    ``(B) may solicit the participation of 
                representatives from other Federal departments and 
                agencies.
    ``(b) Progress Report.--Not later than 2 years after the date of 
the enactment of this section, the Secretary shall submit to the 
Congress a progress report, which shall include the national strategy 
described in subsection (a)(1).
    ``(c) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated such sums as may be necessary 
for fiscal years 2012 through 2017.''.

SEC. 107. GEO-ACCESS STUDY.

    The Administrator of the Substance Abuse and Mental Health Services 
Administration shall--
            (1) conduct a study to--
                    (A) determine which geographic areas of the United 
                States have shortages of specialty mental health 
                providers; and
                    (B) assess the preparedness of speciality mental 
                health providers to deliver culturally and 
                linguistically appropriate, affordable, and accessible 
                services; and
            (2) submit a report to the Congress on the results of such 
        study.

SEC. 108. RACIAL, ETHNIC, AND LINGUISTIC DATA COLLECTED BY THE FEDERAL 
              GOVERNMENT.

    (a) Collection; Submission.--Not later than 90 days after the date 
of the enactment of this Act, and January 31 of each year thereafter, 
each department, agency, and office of the Federal Government that has 
collected racial, ethnic, or linguistic data during the preceding 
calendar year shall submit such data to the Secretary of Health and 
Human Services.
    (b) Analysis; Public Availability; Reporting.--Not later than April 
30, 2012, and each April 30 thereafter, the Secretary of Health and 
Human Services, acting through the Director of the National Institute 
on Minority Health and Health Disparities and the Deputy Assistant 
Secretary for Minority Health, shall--
            (1) collect and analyze the racial, ethnic, and linguistic 
        data submitted under subsection (a) for the preceding calendar 
        year;
            (2) make publicly available such data and the results of 
        such analysis; and
            (3) submit a report to the Congress on such data and 
        analysis.

SEC. 109. DATA COLLECTION AND ANALYSIS GRANTS TO MINORITY-SERVING 
              INSTITUTIONS.

    (a) Authority.--The Secretary of Health and Human Services, acting 
through the National Institute on Minority Health and Health 
Disparities and the Office of Minority Health, may award grants to 
access and analyze racial and ethnic, and where possible other health 
disparity data, to monitor and report on progress to reduce and 
eliminate disparities in health and health care.
    (b) Eligible Entity.--In this section, the term ``eligible entity'' 
means a historically Black college or university, an Hispanic-serving 
institution, a tribal college or university, or an Asian-American, 
Native American, or Pacific Islander-serving institution with an 
accredited public health, health policy, or health services research 
program.

SEC. 110. STANDARDS FOR MEASURING SEXUAL ORIENTATION AND GENDER 
              IDENTITY IN COLLECTION OF HEALTH DATA.

    Section 3101(a) of the Public Health Service Act (42 U.S.C. 
300kk(a)) is amended--
            (1) in paragraph (1)(A), by inserting ``sexual orientation, 
        gender identity,'' before ``and disability status'';
            (2) in paragraph (1)(C), by inserting ``sexual orientation, 
        gender identity,'' before ``and disability status''; and
            (3) in paragraph (2)(B), by inserting ``sexual orientation, 
        gender identity,'' before ``and disability status''.

SEC. 111. OPTIONAL COLLECTION OF HEALTH DATA ON IMMIGRANTS AND 
              INDIVIDUALS IN THEIR HOUSEHOLDS.

    Section 3101(a) of the Public Health Service Act (42 U.S.C. 
300k(a)) is amended by adding at the end the following:
            ``(4) Optional uniform categories.--Not later than 12 
        months after the date of the enactment of this paragraph, the 
        Secretary shall--
                    ``(A) enter into an arrangement with the Institute 
                of Medicine of the National Academies (or, if the 
                Institute of Medicine declines to enter into such an 
                arrangement, another appropriate entity) to--
                            ``(i) conduct a study and develop 
                        recommended standards for the optional 
                        collection of data on immigrants, as well as 
                        citizens living within immigrant households 
                        (mixed-status households), in order to measure 
                        disparities in health coverage, health care 
                        access and quality, and health status among 
                        these populations, and
                            ``(ii) include ensuing recommendations and 
                        results in a report to the Secretary that 
                        includes best practices to protect the privacy 
                        of respondents to the full extent of applicable 
                        law;
                    ``(B) promulgate standards based on the 
                recommendations and results of subparagraph (A) for the 
                optional collection of data in major health surveys and 
                research; and
                    ``(C) provide clear guidance that immigrant and 
                mixed-status households are optional uniform categories 
                and data concerning such households shall--
                            ``(i) not be required to be collected by 
                        the standards under subparagraph (B);
                            ``(ii) be collected only in accordance 
                        with--
                                    ``(I) the `Tri-Agency Guidance' 
                                issued by the Food and Nutrition 
                                Service of the Department of 
                                Agriculture, the Centers for Medicare & 
                                Medicaid Services, the Administration 
                                for Children and Families, and Office 
                                for Civil Rights; and
                                    ``(II) other applicable law; and
                            ``(iii) not be collected for program 
                        application and enrollment processes beyond 
                        statutory requirements.''.

SEC. 112. STANDARDS FOR MEASURING SOCIOECONOMIC STATUS IN COLLECTION OF 
              HEALTH DATA.

    Section 3101(a) of the Public Health Service Act (42 U.S.C. 
300kk(a)), as amended, is amended--
            (1) in paragraph (1)(A), by inserting ``socioeconomic 
        status,'' before ``and disability status'';
            (2) in paragraph (1)(C), by inserting ``socioeconomic 
        status,'' before ``and disability status''; and
            (3) in paragraph (2)(B), by inserting ``socioeconomic 
        status,'' before ``and disability status''.

SEC. 113. SAFETY AND EFFECTIVENESS OF DRUGS WITH RESPECT TO RACIAL AND 
              ETHNIC BACKGROUND.

    (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 351 et seq.) is amended by adding after section 505D the 
following:

``SEC. 505E. SAFETY AND EFFECTIVENESS OF DRUGS WITH RESPECT TO RACIAL 
              AND ETHNIC BACKGROUND.

    ``(a) Preapproval Studies.--If there is evidence that there may be 
a disparity on the basis of racial or ethnic background as to the 
safety or effectiveness of a drug, then--
            ``(1)(A) the investigations required under section 
        505(b)(1)(A) shall include adequate and well-controlled 
        investigations of the disparity; or
            ``(B) the evidence required under section 351(a) of the 
        Public Health Service Act for approval of a biologics license 
        application for the drug shall include adequate and well-
        controlled investigations of the disparity; and
            ``(2) if the investigations confirm that there is a 
        disparity, the labeling of the drug shall include appropriate 
        information about the disparity.
    ``(b) Postmarket Studies.--
            ``(1) In general.--If there is evidence that there may be a 
        disparity on the basis of racial or ethnic background as to the 
        safety or effectiveness of a drug for which there is an 
        approved application under section 505 or a license under 
        section 351 of the Public Health Service Act, the Secretary may 
        by order require the holder of the approved application or 
        license to conduct, by a date specified by the Secretary, 
        postmarketing studies to investigate the disparity.
            ``(2) Labeling.--If the Secretary determines that the 
        postmarket studies confirm that there is a disparity described 
        in paragraph (1), the labeling of the drug shall include 
        appropriate information about the disparity.
            ``(3) Study design.--The Secretary may specify all aspects 
        of study design, including the number of studies and study 
        participants, and the other demographic characteristics of 
        study participants included, in the order requiring postmarket 
        studies of the drug.
            ``(4) Modifications of study design.--The Secretary may by 
        order modify any aspect of the study design as necessary after 
        issuing an order under paragraph (1).
            ``(5) Study results.--The results from studies required 
        under paragraph (1) shall be submitted to the Secretary as 
        supplements to the drug application or biological license 
        application.
    ``(c) Disparity.--The term `evidence that there may be a disparity 
on the basis of racial or ethnic background for adult and pediatric 
populations as to the safety or effectiveness of a drug' includes--
            ``(1) evidence that there is a disparity on the basis of 
        racial or ethnic background as to safety or effectiveness of a 
        drug in the same chemical class as the drug;
            ``(2) evidence that there is a disparity on the basis of 
        racial or ethnic background in the way the drug is metabolized; 
        and
            ``(3) other evidence as the Secretary may determine.
    ``(d) Applications Under Sections 505(b)(2) and 505(j).--
            ``(1) In general.--A drug for which an application has been 
        submitted or approved under section 505(j) shall not be 
        considered ineligible for approval under that section or 
        misbranded under section 502 on the basis that the labeling of 
        the drug omits information relating to a disparity on the basis 
        of racial or ethnic background as to the safety or 
        effectiveness of the drug, whether derived from investigations 
        or studies required under this section or derived from other 
        sources, when the omitted information is protected by patent or 
        by exclusivity under clause (iii) or (iv) of section 
        505(j)(5)(B).
            ``(2) Labeling.--Notwithstanding clauses (iii) and (iv) of 
        section 505(j)(5)(B), the Secretary may require that the 
        labeling of a drug approved under section 505(j) that omits 
        information relating to a disparity on the basis of racial or 
        ethnic background as to the safety or effectiveness of the drug 
        include a statement of any appropriate contraindications, 
        warnings, or precautions related to the disparity that the 
        Secretary considers necessary.''.
    (b) Enforcement.--Section 502 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the 
following:
    ``(aa) If it is a drug and the holder of the approved application 
under section 505 or license under section 351 of the Public Health 
Service Act for the drug has failed to complete the investigations or 
studies, or comply with any other requirement, of section 505E.''.
    (c) Drug Fees.--Section 736(a)(1)(A)(ii) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 379h) is amended by adding after ``are 
required'' the following: ``, including supplements required under 
section 505E''.

SEC. 114. GAO STUDY ON COMPLIANCE WITH EXISTING FDA REQUIREMENTS TO 
              PRESENT DRUG AND DEVICE SAFETY AND EFFECTIVENESS DATA BY 
              SEX, AGE, AND RACIAL AND ETHNIC SUBGROUPS.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study investigating the extent to which sponsors of clinical 
studies of investigational drugs, biologics, and devices and sponsors 
of applications for approval or licensure of new drugs, biologics, and 
devices comply with Food and Drug Administration requirements and 
follow guidance for presentation of clinical study safety and 
effectiveness data by sex, age, and racial and ethnic subgroups.
    (b) Report by GAO.--
            (1) Submission.--Not later than 18 months after the date of 
        the enactment of this Act, the Comptroller General shall 
        complete the study under subsection (a) and submit to the 
        Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate a report on the results of such 
        study.
            (2) Contents.--The report required by paragraph (1) shall 
        include each of the following:
                    (A) An assessment of the extent to which the Food 
                and Drug Administration assists sponsors in complying 
                with the requirements and following the guidance 
                referred to in subsection (a).
                    (B) An assessment of the effectiveness of the Food 
                and Drug Administration's enforcement of compliance 
                with such requirements.
                    (C) An analysis of the extent to which females, 
                racial and ethnic minorities, and adults of all ages 
                are adequately represented in Food and Drug 
                Administration-approved clinical studies (at all 
                phases) so that product safety and effectiveness data 
                can be evaluated by sex, age, and racial and ethnic 
                subgroup.
                    (D) An analysis of the extent to which a summary of 
                product safety and effectiveness data disaggregated by 
                sex, age, and racial and ethnic subgroup is readily 
                available to the public in a timely manner by means of 
                the product label or the Food and Drug Administration's 
                Web site.
                    (E) Recommendations for--
                            (i) modifications to the requirements and 
                        guidance referred to in subsection (a); or
                            (ii) oversight by the Food and Drug 
                        Administration of such requirements.
    (c) Report by HHS.--Not later than 6 months after the submission by 
the Comptroller General of the report required under subsection (b), 
the Secretary of Health and Human Services shall submit to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Health, Education, Labor, and Pensions of the Senate a 
response to that report, including a corrective action plan as needed 
to respond to the recommendations in that report.
    (d) Definitions.--In this section:
            (1) The term ``biologic'' has the meaning given to the term 
        ``biological product'' in section 351(i) of the Public Health 
        Service Act (42 U.S.C. 262(i)).
            (2) The term ``device'' has the meaning given to such term 
        in section 201(h) of the Federal Food, Drug, and Cosmetic Act 
        (21 U.S.C. 321(h)).
            (3) The term ``drug'' has the meaning given to such term in 
        section 201(g) of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 321(g)).

SEC. 115. IMPROVING HEALTH DATA REGARDING NATIVE HAWAIIANS AND OTHER 
              PACIFIC ISLANDERS.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243 
et seq.) is amended by inserting after section 317U, as added, the 
following:

``SEC. 317V. NATIVE HAWAIIAN AND OTHER PACIFIC ISLANDER HEALTH DATA.

    ``(a) Definitions.--In this section:
            ``(1) Community group.--The term `community group' means a 
        group of NHOPI who are organized at the community level, and 
        may include a church group, social service group, national 
        advocacy organization, or cultural group.
            ``(2) Nonprofit, nongovernmental organization.--The term 
        `nonprofit, nongovernmental organization' means a group of 
        NHOPI with a demonstrated history of addressing NHOPI issues, 
        including a NHOPI coalition.
            ``(3) Designated organization.--The term `designated 
        organization' means an entity established to represent NHOPI 
        populations and which has statutory responsibilities to 
        provide, or has community support for providing, health care.
            ``(4) Government representatives.--The term `government 
        representatives' means representatives from Hawaii, American 
        Samoa, the Commonwealth of the Northern Mariana Islands, the 
        Federated States of Micronesia, Guam, the Republic of Palau, 
        and the Republic of the Marshall Islands.
            ``(5) Native hawaiians and other pacific islanders 
        (nhopi).--The term `Native Hawaiians and Other Pacific 
        Islanders' or `NHOPI' means people having origins in any of the 
        original peoples of American Samoa, the Commonwealth of the 
        Northern Mariana Islands, the Federated States of Micronesia, 
        Guam, Hawaii, the Republic of the Marshall Islands, the 
        Republic of Palau, or any other Pacific island.
            ``(6) Insular area.--The term `insular area' means Guam, 
        the Commonwealth of Northern Mariana Islands, American Samoa, 
        the United States Virgin Islands, the Federated States of 
        Micronesia, the Republic of Palau, or the Republic of the 
        Marshall Islands.
    ``(b) National Strategy.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the National Center for Health Statistics (referred 
        to in this section as `NCHS') of the Centers for Disease 
        Control and Prevention, and other agencies within the 
        Department of Health and Human Services as the Secretary 
        determines appropriate, shall develop and implement an ongoing 
        and sustainable national strategy for identifying and 
        evaluating the health status and health care needs of NHOPI 
        populations living in the continental United States, Hawaii, 
        American Samoa, the Commonwealth of the Northern Mariana 
        Islands, the Federated States of Micronesia, Guam, the Republic 
        of Palau, and the Republic of the Marshall Islands.
            ``(2) Consultation.--In developing and implementing a 
        national strategy, as described in paragraph (1), not later 
        than 180 days after the date of enactment of the Health Equity 
        and Accountability Act of 2011, the Secretary--
                    ``(A) shall consult with representatives of 
                community groups, designated organizations, and 
                nonprofit, nongovernmental organizations and with 
                government representatives of NHOPI populations; and
                    ``(B) may solicit the participation of 
                representatives from other Federal departments.
    ``(c) Preliminary Health Survey.--
            ``(1) In general.--The Secretary, acting through the 
        Director of NCHS, shall conduct a preliminary health survey in 
        order to identify the major areas and regions in the 
        continental United States, Hawaii, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, the Federated 
        States of Micronesia, Guam, the Republic of Palau, and the 
        Republic of the Marshall Islands in which NHOPI people reside.
            ``(2) Contents.--The health survey described in paragraph 
        (1) shall include health data and any other data the Secretary 
        determines to be--
                    ``(A) useful in determining health status and 
                health care needs; or
                    ``(B) required for developing or implementing a 
                national strategy.
            ``(3) Methodology.--Methodology for the health survey 
        described in paragraph (1), including plans for designing 
        questions, implementation, sampling, and analysis, shall be 
        developed in consultation with community groups, designated 
        organizations, nonprofit, nongovernmental organizations, and 
        government representatives of NHOPI populations, as determined 
        by the Secretary.
            ``(4) Timeframe.--The survey required under this subsection 
        shall be completed not later than 18 months after the date of 
        enactment of the Health Equity and Accountability Act of 2011.
    ``(d) Progress Report.--Not later than 2 years after the date of 
enactment of the Health Equity and Accountability Act of 2011, the 
Secretary shall submit to Congress a progress report, which shall 
include the national strategy described in subsection (b)(1).
    ``(e) Study and Report by the IOM.--
            ``(1) In general.--The Secretary shall enter into an 
        agreement with the Institute of Medicine to conduct a study, 
        with input from stakeholders in insular areas, on the 
        following:
                    ``(A) The standards and definitions of health care 
                applied to health care systems in insular areas and the 
                appropriateness of such standards and definitions.
                    ``(B) The status and performance of health care 
                systems in insular areas, evaluated based upon 
                standards and definitions, as the Secretary determines.
                    ``(C) The effectiveness of donor aid in addressing 
                health care needs and priorities in insular areas.
                    ``(D) The progress toward implementation of 
                recommendations of the Committee on Health Care 
                Services in the United States--Associated Pacific Basin 
                of the Institute of Medicine that are set forth in the 
                1998 report, `Pacific Partnerships for Health: Charting 
                a New Course for the 21st Century'.
            ``(2) Report.--An agreement described in paragraph (1) 
        shall require the Institute of Medicine to submit to the 
        Secretary and to Congress, not later than 2 years after the 
        date of the enactment of the Health Equity and Accountability 
        Act of 2011, a report containing a description of the results 
        of the study conducted under paragraph (1), including the 
        conclusions and recommendations of the Institute of Medicine 
        for each of the items described in subparagraphs (A) through 
        (D) of such paragraph.
    ``(f) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated such sums as may be necessary 
for fiscal years 2012 through 2017.''.

    TITLE II--CULTURALLY AND LINGUISTICALLY APPROPRIATE HEALTH CARE

SEC. 201. DEFINITIONS.

    In this title, the definitions contained in section 3400 of the 
Public Health Service Act, as added by section 202, shall apply.

SEC. 202. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

    (a) Findings.--Congress finds the following:
            (1) Effective communication is essential to meaningful 
        access to quality physical and mental health care.
            (2) Research indicates that the lack of appropriate 
        language services creates languages barriers that result in 
        increased risk of misdiagnosis, ineffective treatment plans and 
        poor health outcomes for limited-English-proficient individuals 
        and individuals with communication disabilities such as 
        hearing, vision or print impairments.
            (3) The number of limited-English-speaking residents in the 
        United States who speak English less than very well and, 
        therefore, cannot effectively communicate with health and 
        social service providers continues to increase significantly.
            (4) The responsibility to fund language services in the 
        provision of health care and health care-related services to 
        limited-English-proficient individuals and individuals with 
        communication disabilities such as hearing, vision, or print 
        impairments is a societal one that cannot fairly be visited 
        solely upon the health care, public health or social services 
        community.
            (5) Title VI of the Civil Rights Act of 1964 prohibits 
        discrimination based on the grounds of race, color or national 
        origin by any entity receiving Federal financial assistance. In 
        order to avoid discrimination on the grounds of national 
        origin, all programs or activities administered by the 
        Department must take adequate steps to ensure that their 
        policies and procedures do not deny or have the effect of 
        denying limited-English-proficient individuals with equal 
        access to benefits and services for which such persons qualify.
            (6) Linguistic diversity in the healthcare and health-care-
        related-services workforce is important for providing all 
        patients the environment most conducive to positive health 
        outcomes.
            (7) All members of the health care and health-care-related-
        services community should continue to educate their staff and 
        constituents about limited-English proficient and disability 
        communication issues and help them identify resources to 
        improve access to quality care for limited-English-proficient 
        individuals and individuals with communication disabilities 
        such as hearing, vision, or print impairments.
            (8) Access to English as a second language and sign 
        language instructions is an important mechanism for ensuring 
        effective communication and eliminating the language barriers 
        that impede access to health care.
            (9) Competent languages services in health care settings 
        should be available as a matter of course.
    (b) Amendment.--The Public Health Service Act (42 U.S.C. 201 et 
seq.) is amended by adding at the end the following:

  ``TITLE XXXIV--CULTURALLY AND LINGUISTICALLY APPROPRIATE HEALTH CARE

``SEC. 3400. DEFINITIONS.

    ``In this title:
            ``(1) Bilingual.--The term `bilingual' with respect to an 
        individual means a person who has sufficient degree of 
        proficiency in two languages.
            ``(2) Community health worker.--The term `community health 
        worker' includes a community health advocate, a lay health 
        educator, a community health representative, a peer health 
        promoter, a community health outreach worker, and in Spanish, 
        promotores de salud.
            ``(3) Competent interpreter services.--The term `competent 
        interpreter services' means a translanguage rendition of a 
        spoken or signed message in which the interpreter comprehends 
        the source language and can communicate comprehensively in the 
        target language to convey the meaning intended in the source 
        language. The interpreter knows health and health-related 
        terminology and provides accurate interpretations by choosing 
        equivalent expressions that convey the best matching and 
        meaning to the source language and captures, to the greatest 
        possible extent, all nuances intended in the source message.
            ``(4) Competent translation services.--The term `competent 
        translation services' means a translanguage rendition of a 
        written document in which the translator comprehends the source 
        language and can write or sign comprehensively in the target 
        language to convey the meaning intended in the source language. 
        The translator knows health and health-related terminology and 
        provides accurate translations by choosing equivalent 
        expressions that convey the best matching and meaning to the 
        source language and captures, to the greatest possible extent, 
        all nuances intended in the source document.
            ``(5) Cultural competence.--The term `cultural competence' 
        means a set of congruent behaviors, attitudes, and policies 
        that come together in a system, agency, or among professionals 
        that enables effective work in cross-cultural situations. In 
        the preceding sentence--
                    ``(A) the term `cultural' refers to integrated 
                patterns of human behavior that include the language, 
                thoughts, communications, actions, customs, beliefs, 
                values, and institutions of racial, ethnic, religious, 
                or social groups, including lesbian, gay, bisexual, 
                transgender and intersex individuals, and individuals 
                with physical and mental disabilities; and
                    ``(B) the term `competence' implies having the 
                capacity to function effectively as an individual and 
                an organization within the context of the cultural 
                beliefs, behaviors, and needs presented by consumers 
                and their communities.
            ``(6) Effective communication.--The term `effective 
        communication' means an exchange of information between the 
        provider of health care or health-care-related services and the 
        recipient of such services who is limited in English 
        proficiency, or has a communication impairment such as a 
        hearing, vision, or learning impairment, that enables access, 
        understanding, and benefit from health care or health-care-
        related services, and full participation in the development of 
        their treatment plan.
            ``(7) Grievance resolution process.--The term `grievance 
        resolution process' means all aspects of dispute resolution 
        including filing complaints, grievance and appeal procedures, 
        and court action.
            ``(8) Health care group.--The term `health care group' 
        means a group of physicians organized, at least in part, for 
        the purposes of providing physicians' services under the 
        Medicaid, SCHIP, or Medicare programs and may include a 
        hospital and any other individual or entity furnishing services 
        covered under the Medicaid, SCHIP, or Medicare programs that is 
        affiliated with the health care group.
            ``(9) Health-care services.--The term `health care 
        services' means services that address physical as well as 
        mental health conditions in all care settings.
            ``(10) Health care-related services.--The term `health-
        care-related services' means human or social services programs 
        or activities that provide access, referrals or links to health 
        care.
            ``(11) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community, including any Alaska Native village or group or 
        regional or village corporation as defined in or established 
        pursuant to the Alaska Native Claims Settlement Act (85 Stat. 
        688) (43 U.S.C. 1601 et seq.), which is recognized as eligible 
        for the special programs and services provided by the United 
        States to Indians because of their status as Indians.
            ``(12) Integrated health care delivery system.--The term 
        `integrated health care delivery system' means an 
        interdisciplinary system that brings together providers from 
        the primary health, mental health, substance use and related 
        disciplines to improve the health outcomes of an individual. 
        Providers may include but are not limited to hospitals, health, 
        mental health or substance use clinics and providers, home 
        health agencies, ambulatory surgery centers, skilled nursing 
        facilities, rehabilitation centers, and employed, independent 
        or contracted physicians.
            ``(13) Interpreting/interpretation.--The terms 
        `interpreting' and `interpretation' mean the transmission of a 
        spoken, written, or signed message from one language or format 
        into another, faithfully, accurately, and objectively.
            ``(14) Language access.--The term `language access' means 
        the provision of language services to an LEP individual or 
        individual with communication disabilities designed to enhance 
        that individual's access to, understanding of or benefit from 
        health care or health-care-related services.
            ``(15) Language or language access services.--The term 
        `language or language access services' means provision of 
        health care services directly in a non-English language, 
        interpretation, translation, signage, video recording, and 
        English or non-English alternative formats.
            ``(16) LEP.--The term `LEP' means limited-English 
        proficient.
            ``(17) LEP related data collection activities.--The term 
        `LEP related data collection activities' includes identifying, 
        collecting, storing, tracking, and analyzing primary language 
        data, and information on the methods used to meet the language 
        access needs of limited-English-proficient individuals.
            ``(18) Medicare, medicaid, and schip.--The terms 
        `Medicare', `Medicaid', and `SCHIP' means the respective 
        programs under titles XVIII, XIX, and XXI of the Social 
        Security Act.
            ``(19) Minority.--
                    ``(A) In general.--The terms `minority' and 
                `minorities' refer to individuals from a minority 
                group.
                    ``(B) Populations.--The term `minority', with 
                respect to populations, refers to racial and ethnic 
                minority groups.
            ``(20) Minority group.--The term `minority group' has the 
        meaning given the term `racial and ethnic minority group'.
            ``(21) Racial and ethnic minority group.--The term `racial 
        and ethnic minority group' means American Indians and Alaska 
        Natives, African-Americans (including Caribbean Blacks, 
        Africans and other Blacks), Asian-Americans, Hispanics 
        (including Latinos), and Native Hawaiians and other Pacific 
        Islanders.
            ``(22) On-site interpreting/interpretation.--The term `on-
        site interpreting/interpretation' means a method of 
        interpreting or interpretation for which the interpreter is in 
        the physical presence of the provider of health care or health-
        care-related services and the recipient of such services who is 
        limited in English proficiency or has a communication 
        impairment such as hearing, vision, or learning.
            ``(23) Secretary.--The term `Secretary' means the Secretary 
        of Health and Human Services.
            ``(24) Sight translation.--The term `sight translation' 
        means the transmission of a written message in one language 
        into a spoken or signed message in another language, or an 
        alternative format in English or another language.
            ``(25) State.--The term `State' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Indian tribes, the United States Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the Northern 
        Mariana Islands.
            ``(26) Telephonic interpretation.--The term `telephonic 
        interpretation' (also known as over the phone interpretation or 
        OPI) means a method of interpreting/interpretation for which 
        the interpreter is not in the physical presence of the provider 
        of health care or related services and the limited-English-
        proficient recipient of such services but is connected via 
        telephone.
            ``(27) Translation.--The term `translation' means the 
        transmission of a written message in one language into a 
        written or signed message in another language, and includes 
        translation into another language or alternative format, such 
        as large print font, Braille, audio recording, or CD.
            ``(28) Video interpretation.--The term `video 
        interpretation' means a method of interpreting/interpretation 
        for which the interpreter is not in the physical presence of 
        the provider of health care or related services and the 
        limited-English-proficient recipient of such services but is 
        connected via a video hook-up that includes both audio and 
        video transmission.
            ``(29) Vital document.--The term `vital document' includes 
        but is not limited to applications for government programs that 
        provide health care services, medical or financial consent 
        forms, financial assistance documents, letters containing 
        important information regarding patient instructions (such as 
        prescriptions, referrals to other providers, and discharge 
        plans) and participation in a program (such as a Medicaid 
        managed care program), notices pertaining to the reduction, 
        denial, or termination of services or benefits, notices of the 
        right to appeal such actions, and notices advising limited-
        English-proficient individuals and individuals with 
        communication disabilities of the availability of free language 
        services, alternative formats, and other outreach materials.

``SEC. 3401. IMPROVING ACCESS TO SERVICES FOR INDIVIDUALS WITH LIMITED 
              ENGLISH PROFICIENCY.

    ``(a) Purpose.--As provided in Executive Order 13166, it is the 
purpose of this section--
            ``(1) to improve Federal agency performance regarding 
        access to federally conducted and federally assisted programs 
        and activities for individuals who are limited in their English 
        proficiency;
            ``(2) to require each Federal agency to examine the 
        services it provides and develop and implement a system by 
        which limited-English-proficient individuals can obtain 
        cultural competence and meaningful access to those services 
        consistent with, and without substantially burdening, the 
        fundamental mission of the agency;
            ``(3) to require each Federal agency to ensure that 
        recipients of Federal financial assistance provide cultural 
        competence and meaningful access to their limited-English-
        proficient applicants and beneficiaries;
            ``(4) to ensure that recipients of Federal financial 
        assistance take reasonable steps, consistent with the 
        guidelines set forth in the Limited English Proficient Guidance 
        of the Department of Justice (as issued on June 12, 2002), to 
        ensure cultural competence and meaningful access to their 
        programs and activities by limited-English-proficient 
        individuals; and
            ``(5) to ensure compliance with title VI of the Civil 
        Rights Act of 1964 and that health care providers and 
        organizations do not discriminate in the provision of services.
    ``(b) Federally Conducted Programs and Activities.--
            ``(1) In general.--Not later than 120 days after the date 
        of enactment of this title, each Federal agency that carries 
        out health-care-related activities shall prepare a plan to 
        improve access cultural competence to the federally conducted, 
        health-are-related programs and activities of the agency by 
        limited-English-proficient individuals. Each Federal agency 
        must ensure that such plan is fully implemented not later than 
        one year after the date of enactment of this Act.
            ``(2) Plan requirement.--Each plan under paragraph (1) 
        shall include--
                    ``(A) the steps the agency will take to ensure that 
                limited-English-proficient individuals have access to 
                the agency's federally conducted health care and 
                health-care-related programs and activities;
                    ``(B) the policies and procedures for identifying, 
                assessing, and meeting the language needs and cultural 
                competence needs of its limited-English-proficient 
                beneficiaries served by federally conducted programs 
                and activities;
                    ``(C) the steps the agency will take for its 
                federally conducted programs and activities to improve 
                cultural competence to provide a range of language 
                assistance options, notice to limited-English-
                proficient individuals of the right to competent 
                language services, periodic training of staff, 
                monitoring and quality assessment of the language 
                services and, in appropriate circumstances, the 
                translation of written materials;
                    ``(D) the steps the agency will take to ensure that 
                applications, forms, and other relevant documents for 
                its federally conducted programs and activities are 
                competently translated into the primary language of a 
                limited-English-proficient client where such materials 
                are needed to improve access to federally conducted and 
                federally assisted programs and activities for such a 
                limited-English-proficient individual; and
                    ``(E) the resources the agency will provide to 
                improve cultural competence to assist recipients of 
                Federal funds to improve access to health care or 
                health-care-related programs and activities for 
                limited-English-proficient individuals.
        Each agency shall send a copy of such plan to the Department of 
        Justice, which shall serve as the central repository of the 
        Agency's plans.
    ``(c) Federally Assisted Programs and Activities.--
            ``(1) In general.--Not later than 120 days after the date 
        of enactment of this title, each Federal agency providing 
        health-care-related Federal financial assistance shall ensure 
        that the guidance for recipients of Federal financial 
        assistance developed by the agency to ensure compliance with 
        title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
        seq.) is specifically tailored to the recipients of such 
        assistance. Each agency shall send a copy of such guidance to 
        the Department of Justice which shall serve as the central 
        repository of the Agency's plans. After approval by the 
        Department of Justice, each agency shall publish its guidance 
        document in the Federal Register for public comment.
            ``(2) Requirements.--The agency-specific guidance developed 
        under paragraph (1) shall take into account the types of health 
        care services provided by the recipients, the individuals 
        served by the recipients, and other factors set out in such 
        standards.
            ``(3) Existing guidances.--A Federal agency that has 
        developed a guidance for purposes of title VI of the Civil 
        Rights Act of 1964 shall examine such existing guidance, as 
        well as the programs and activities to which such guidance 
        applies, to determine if modification of such guidance is 
        necessary to comply with this subsection.
            ``(4) Consultation.--Each Federal agency shall consult with 
        the Department of Justice in establishing the guidances under 
        this subsection.
    ``(d) Consultations.--
            ``(1) In general.--In carrying out this section, each 
        Federal agency that carriers out health care and health-care-
        related activities shall ensure that stakeholders, such as 
        limited-English-proficient individuals and their representative 
        organizations, recipients of Federal assistance, and other 
        appropriate individuals or entities, have an adequate 
        opportunity to provide input with respect to the actions of the 
        agency.
            ``(2) Evaluation.--Each Federal agency described in 
        paragraph (1) shall evaluate the--
                    ``(A) particular needs of the limited-English-
                proficient individuals served by the agency;
                    ``(B) particular needs of the limited-English-
                proficient individuals served by the agency's 
                recipients of Federal financial assistance; and
                    ``(C) burdens of compliance with the agency 
                guidance and this section for the agency and its 
                recipients.

``SEC. 3402. NATIONAL STANDARDS FOR CULTURALLY AND LINGUISTICALLY 
              APPROPRIATE SERVICES IN HEALTH CARE.

    ``Recipients of Federal financial assistance from the Secretary 
shall, to the extent reasonable and practicable after applying the 4-
factor analysis described in title V of the Guidance to Federal 
Financial Assistance Recipients Regarding Title VI Prohibition Against 
National Origin Discrimination Affecting Limited-English Proficient 
Persons (June 12, 2002)--
            ``(1) implement strategies to recruit, retain, and promote 
        individuals at all levels of the organization to maintain a 
        diverse staff and leadership that can provide culturally and 
        linguistically appropriate health care to patient populations 
        of the service area of the organization;
            ``(2) ensure that staff at all levels and across all 
        disciplines of the organization receive ongoing education and 
        training in culturally and linguistically appropriate service 
        delivery;
            ``(3) offer and provide language assistance services, 
        including trained bilingual staff and interpreter services, at 
        no cost to each patient with limited-English proficiency at all 
        points of contact, in a timely manner during all hours of 
        operation;
            ``(4) notify patients, in a culturally appropriate manner, 
        of their right to receive language assistance services in their 
        primary language;
            ``(5) ensure the competence of language assistance provided 
        to limited-English-proficient patients by interpreters and 
        bilingual staff, and ensure that family, particularly minor 
        children, and friends are not used to provide interpretation 
        services--
                    ``(A) except in case of emergency; or
                    ``(B) except on request of the patient, who has 
                been informed in his or her preferred language of the 
                availability of free interpretation services;
            ``(6) make available easily understood patient-related 
        materials, if such materials exist for non-limited-English-
        proficient patients, including information or notices about 
        termination of benefits and post signage in the languages of 
        the commonly encountered groups or groups represented in the 
        service area of the organization;
            ``(7) develop and implement clear goals, policies, 
        operational plans, and management accountability and oversight 
        mechanisms to provide culturally and linguistically appropriate 
        services;
            ``(8) conduct initial and ongoing organizational 
        assessments of culturally and linguistically appropriate 
        services-related activities and integrate valid linguistic, 
        competence-related measures into the internal audits, 
        performance improvement programs, patient satisfaction 
        assessments, and outcomes-based evaluations of the 
        organization;
            ``(9) ensure that, consistent with the privacy protections 
        provided for under the regulations promulgated under section 
        264(c) of the Health Insurance Portability and Accountability 
        Act of 1996 (42 U.S.C. 1320d-2 note)--
                    ``(A) data on the individual patient's race, 
                ethnicity, primary language, alternative format 
                preferences, and policy modification needs are 
                collected in health records, integrated into the 
                organization's management information systems, and 
                periodically updated; and
                    ``(B) if the patient is a minor or is 
                incapacitated, the primary language of the parent or 
                legal guardian is collected;
            ``(10) maintain a current demographic, cultural, and 
        epidemiological profile of the community as well as a needs 
        assessment to accurately plan for and implement services that 
        respond to the cultural and linguistic characteristics of the 
        service area of the organization;
            ``(11) develop participatory, collaborative partnerships 
        with communities and utilize a variety of formal and informal 
        mechanisms to facilitate community and patient involvement in 
        designing and implementing culturally and linguistically 
        appropriate services-related activities;
            ``(12) ensure that conflict and grievance resolution 
        processes are culturally and linguistically sensitive and 
        capable of identifying, preventing, and resolving cross-
        cultural conflicts or complaints by patients;
            ``(13) regularly make available to the public information 
        about their progress and successful innovations in implementing 
        the standards under this section and provide public notice in 
        their communities about the availability of this information; 
        and
            ``(14) if requested, regularly make available to the head 
        of each Federal entity from which Federal funds are received, 
        information about their progress and successful innovations in 
        implementing the standards under this section as required by 
        the head of such entity.

``SEC. 3403. ROBERT T. MATSUI CENTER FOR CULTURAL AND LINGUISTIC 
              COMPETENCE IN HEALTH CARE.

    ``(a) Establishment.--The Secretary, acting through the Director of 
the Agency for Healthcare Research and Quality, shall establish and 
support a center to be known as the `Robert T. Matsui Center for 
Cultural and Linguistic Competence in Health Care' (referred to in this 
section as the `Center') to carry out the following activities:
            ``(1) Interpretation services.--The Center shall provide 
        resources via the Internet to identify and link health care 
        providers to competent interpreter and translation services.
            ``(2) Translation of written material.--
                    ``(A) The Center shall provide, directly or through 
                contract, vital documents from competent translation 
                services for providers of health care and health-care-
                related services at no cost to such providers. 
                Materials may be submitted for translation into non-
                English languages. Translation services shall be 
                provided in a timely and reasonable manner and in 
                accordance with the guidelines and standards set forth 
                in subsection (c) when such standards become available. 
                The quality of such translation services shall be 
                monitored and reported publicly.
                    ``(B) For each form developed or revised by the 
                Secretary that will be used by LEP individuals in 
                health care or health-care-related settings, the Center 
                shall translate the form, at a minimum, into the top 15 
                non-English languages in the United States according to 
                the most recent data from the American Community Survey 
                or its replacement. The translation must be completed 
                within 45 days of the Secretary receiving final 
                approval of the form from the Office of Management and 
                Budget.
            ``(3) Toll-free customer service telephone number.--The 
        Center shall provide, through a toll-free number, a customer 
        service line for LEP individuals--
                    ``(A) to obtain information about federally 
                conducted or funded health programs, including 
                Medicare, Medicaid, and SCHIP;
                    ``(B) to obtain assistance with applying for or 
                accessing these programs and understanding Federal 
                notices written in English; and
                    ``(C) to learn how to access language services.
            ``(4) Health information clearinghouse.--
                    ``(A) In general.--The Center shall develop and 
                maintain an information clearinghouse to facilitate the 
                provision of language services by providers of health 
                care and health-care-related services to reduce medical 
                errors, improve medical outcomes, to improve cultural 
                competence, reduce health care costs caused by 
                miscommunication with individuals with limited-English 
                proficiency, and reduce or eliminate the duplication of 
                effort to translate materials. The clearinghouse shall 
                make such information available on the Internet and in 
                print. Such information shall include the information 
                described in the succeeding provisions of this 
                paragraph.
                    ``(B) Document templates.--The Center shall collect 
                and evaluate for accuracy, develop, and make available 
                templates for standard documents that are necessary for 
                patients and consumers to access and make educated 
                decisions about their health care, including the 
                following:
                            ``(i) Administrative and legal documents, 
                        including--
                                    ``(I) intake forms;
                                    ``(II) Medicare, Medicaid, and 
                                SCHIP forms, including eligibility 
                                information;
                                    ``(III) forms informing patient of 
                                HIPAA compliance and consent; and
                                    ``(IV) documents concerning 
                                informed consent, advanced directives, 
                                and waivers of rights.
                            ``(ii) Clinical information, such as how to 
                        take medications, how to prevent transmission 
                        of a contagious disease, and other prevention 
                        and treatment instructions.
                            ``(iii) Public health, patient education, 
                        and outreach materials, such as immunization 
                        notices, health warnings, or screening notices.
                            ``(iv) Additional health or health-care-
                        related materials as determined appropriate by 
                        the Director of the Center.
                    ``(C) Structure of forms.--The operating the 
                clearinghouse, the Center shall--
                            ``(i) ensure that the documents posted in 
                        English and non-English languages are 
                        culturally appropriate;
                            ``(ii) allow public review of the documents 
                        before dissemination in order to ensure that 
                        the documents are understandable and culturally 
                        appropriate for the target populations;
                            ``(iii) allow health care providers to 
                        customize the documents for their use;
                            ``(iv) facilitate access to these 
                        documents;
                            ``(v) provide technical assistance with 
                        respect to the access and use of such 
                        information; and
                            ``(vi) carry out any other activities the 
                        Secretary determines to be useful to fulfill 
                        the purposes of the clearinghouse.
                    ``(D) Language assistance programs.--The Center 
                shall provide for the collection and dissemination of 
                information on current examples of language assistance 
                programs and strategies to improve language services 
                for LEP individuals, including case studies using de-
                identified patient information, program summaries, and 
                program evaluations.
                    ``(E) Cultural and linguistic competence 
                materials.--The Center shall provide information 
                relating to culturally and linguistically competent 
                health care for minority populations residing in the 
                United States to all health care providers and health-
                care-related services at no cost. Such information 
                shall include--
                            ``(i) tenets of culturally and 
                        linguistically competent care;
                            ``(ii) cultural and linguistic competence 
                        self-assessment tools;
                            ``(iii) cultural and linguistic competence 
                        training tools;
                            ``(iv) strategic plans to increase cultural 
                        and linguistic competence in different types of 
                        providers of health care and health-care-
                        related services, including regional 
                        collaborations among health care organizations; 
                        and
                            ``(v) cultural and linguistic competence 
                        information for educators, practitioners, and 
                        researchers.
                    ``(F) Information about progress.--The Center shall 
                regularly collect and make publicly available 
                information about the progress of entities receiving 
                grants under section 3404 regarding successful 
                innovations in implementing the obligations under this 
                subsection and provide public notice in the entities' 
                communities about the availability of this information;
    ``(b) Director.--The Center shall be headed by a Director who shall 
be appointed by, and who shall report to, the Director of the Agency 
for Healthcare Research and Quality.
    ``(c) Interpretation and Translation Guidelines and Standards.--The 
Center shall convene a working group to develop and adopt 
interpretation and translation quality guidelines and standards for use 
by the Center. The guidelines and standards must be sufficient to 
ensure that LEP individuals have the equal opportunity to benefit from 
health care services to the same extent as non-LEP individuals. The 
guidelines and standards shall address the training, assessment, and 
certification of individuals to provide competent interpreter and 
translator services to work in health care and health-care-related 
settings and of bilingual staff who provide services directly in non-
English languages. The working group may develop different guidelines 
and standards for bilingual staff, interpreters, and translators.
    ``(d) Membership.--
            ``(1) Qualifications.--The Working Group shall consist of 
        14 members as follows:
                    ``(A) Four members from organizations that advocate 
                on behalf of LEP individuals.
                    ``(B) One member who represents a professional 
                interpreter association (that is not the National 
                Council on Interpreting in Health Care) or translator 
                association.
                    ``(C) One member from a nonprofit community-based 
                organization that provides language services.
                    ``(D) Three members recommended by the National 
                Council on Interpreting in Health Care, including one 
                who individual who is a professional interpreter.
                    ``(E) Four members who are health care or mental 
                health providers or represent health care provider 
                associations, including one individual who represents a 
                health care practice of fewer than 5 clinicians.
                    ``(F) One member who works in or has extensive 
                knowledge of issues related to health care risk 
                management.
            ``(2) Geographic representation.--The membership of the 
        Working Group shall reflect a broad geographic representation 
        including both urban and rural representatives, including 
        representatives of the United States territories.
            ``(3) Prohibited appointments.--Members of the Working 
        Group shall not include Members of Congress or other elected 
        Federal, State, or local government officials.
            ``(4) Vacancies.--Any vacancies in the Working Group shall 
        not affect the power and duties of the Working Group but shall 
        be filled in the same manner as the original appointment.
            ``(5) Subcommittees.--The Working Group may establish 
        subcommittees if doing so increases the efficiency of the 
        Working Group in completing its tasks, including subcommittees 
        to develop different guidelines and standards for interpreters, 
        translators, and bilingual staff.
            ``(6) Advisory panel to the working group.--The Working 
        Group shall consult with the Advisory Panel in the development 
        of the guidelines and standards. The Advisory Panel shall 
        include--
                    ``(A) representatives from the American Translators 
                Association, Association of Language Companies, the 
                National Center for State Courts, and States which have 
                developed interpreter standards such as California, 
                Massachusetts, and Oregon who have experience in the 
                development or implementation of their organizations' 
                interpreter and translator certification programs;
                    ``(B) Federal agencies including the Office for 
                Civil Rights, the Office of Minority Health, the 
                Centers for Medicare & Medicaid Services, and the 
                National Institute on Minority Health and Health 
                Disparities; and
                    ``(C) other individuals or entities determined 
                appropriate by the Secretary who have specific 
                expertise that will be useful to the Working Group.
            ``(7) Publication.--
                    ``(A) Draft standards.--Not later than 18 months 
                after the date of enactment of this title, the Working 
                Group shall--
                            ``(i) prepare and make available to the 
                        public through the Internet, the Federal 
                        Register, and other appropriate public 
                        channels, a proposed set of interpretation and 
                        translation guidelines and standards for 
                        training, assessment, and certification; and
                            ``(ii) accept public comment on such 
                        guidelines and standards for a period of not 
                        less than 90 days.
                    ``(B) Final standards.--Not later than 120 days 
                after the expiration of the public comment period 
                described in subparagraph (A), the Director of the 
                Agency for Healthcare Research and Quality shall 
                publish, after consultation with and the approval of 
                the Working Group, final guidelines and standards in 
                the Federal Register and on the Internet.
                    ``(C) Testing development.--Not later than 120 days 
                after the publication of the final recommendations 
                described in subparagraph (B), the Director of the 
                Agency for Healthcare Research and Quality shall, if 
                deemed necessary by the Working Group, enter into a 
                contract with an entity experienced in the development 
                of designing certification tests in language related 
                fields to develop such tests as may be necessary to 
                implement the guidelines and standards.
                    ``(D) Pilot project.--
                            ``(i) Not later than 120 days after 
                        completion of the test development described in 
                        subparagraph (C) or after publication of the 
                        final guidelines and standards, whichever is 
                        later, the Secretary shall design, fund, and 
                        implement a pilot project in up to 50 
                        geographically and demographically diverse 
                        sites, two of which must be in the United 
                        States territories, to test and evaluate 
                        implementation of the recommendations.
                            ``(ii) The Secretary shall consult with the 
                        Working Group and the Advisory Panel in 
                        development of the pilot project and report 
                        progress to the Working Group on an ongoing 
                        basis.
                            ``(iii) The pilot project shall include 
                        interpreters and translators working with 
                        various provider types, including small group 
                        practices, hospitals, mental health and 
                        substance use clinics, and community health 
                        clinics, and shall include broad geographic 
                        representation including both urban and rural 
                        representatives.
                            ``(iv) The pilot project shall operate for 
                        not less than 2 nor more than 4 years, as 
                        determined by the Secretary.
                            ``(v) If the Working Group determines that 
                        any revisions to guidelines and standards are 
                        necessary as a result of the pilot project, it 
                        shall revise such guidelines and standards and 
                        the Director of the Agency for Healthcare 
                        Research and Quality shall publish the 
                        revisions in the Federal Register for notice 
                        and comment. Not later than 120 days after the 
                        expiration of the public comment period on such 
                        revisions, the Director of the Agency for 
                        Healthcare Research and Quality shall publish, 
                        after consultation with and the approval of the 
                        Working Group, final revisions to the 
                        guidelines and standards in the Federal 
                        Register and on the Internet.
            ``(8) Administration.--
                    ``(A) Chairperson.--Not later than 15 days after 
                the date on which all members of the Working Group have 
                been appointed under subsection (d), the Working Group 
                shall designate its chairperson.
                    ``(B) Compensation.--While serving on the business 
                of the Working Group (including travel time), a member 
                of the Working Group or the Advisory Panel shall be 
                entitled to compensation at the per diem equivalent of 
                the rate provided for level IV of the Executive 
                Schedule under section 5315 of title 5, United States 
                Code, and while so serving away from home and the 
                member's regular place of business, a member may be 
                allowed travel expenses, as authorized by the 
                chairperson of the Working Group. For purposes of pay 
                and employment benefits, rights, and privileges, all 
                personnel of the Working Group shall be treated as if 
                they were employees of the House of Representatives.
                    ``(C) Information from federal agencies.--The 
                Working Group may secure directly from any Federal 
                department or agency such information as the Working 
                Group considers necessary to carry out this section. 
                Upon request of the Working Group, the head of such 
                department or agency shall furnish such information. 
                Any information that contains individually identifiable 
                information received by the Working Group shall not be 
                disseminated or disclosed outside of the Working Group 
                and shall not be used except by the Working Group.
                    ``(D) Detail.--Not more than 10 Federal Government 
                employees employed by the Department of Health and 
                Human Services may be detailed to staff the Working 
                Group under this section without further reimbursement. 
                Any detail of an employee shall be without interruption 
                or loss of civil service status or privilege.
                    ``(E) Temporary and intermittent services.--The 
                Working Group may procure temporary and intermittent 
                services under section 3109(b) of title 5, United 
                States Code, at rates for individuals which do not 
                exceed the daily equivalent of the annual rate of basic 
                pay prescribed for level V of the Executive Schedule 
                under section 5316 of such title.
                    ``(F) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this section 
                such sums as may be necessary for the activities of the 
                Working Group and Advisory Panel for each of fiscal 
                years 2012 through 2016, and for the funding of the 
                pilot project.
            ``(9) Deemed status.--
                    ``(A) Certification by private organization.--If a 
                private accreditation organization establishes 
                training, assessment, or certification standards for 
                interpreters or translators in health care which the 
                Secretary determines are at least equivalent to the 
                training, assessment, or certification standards 
                promulgated by the Secretary as described in subsection 
                (c), the Secretary shall find that all organizations or 
                individuals accredited by such organization comply also 
                with the standard described in subsection (c) if--
                            ``(i) such organization or individual 
                        authorizes the organization to release to the 
                        Secretary upon the Secretary's request (or such 
                        State agency as the Secretary may designate) a 
                        copy of the most current accreditation survey 
                        of such organization or individual made by the 
                        organization, together with any other 
                        information directly related to the survey as 
                        the Secretary may require (including corrective 
                        action plans); and
                            ``(ii) such organization releases such a 
                        copy and any such information to the Secretary.
                    ``(B) Certification by a state or locality.--If a 
                State or locality has or establishes training, 
                assessment, or certification standards for interpreters 
                or translators in health care which the Secretary 
                determines are at least equivalent to the training, 
                assessment, or certification standards promulgated by 
                the Secretary as described in subsection (c), the 
                Secretary shall find that all organizations or 
                individuals accredited by such State or locality comply 
                also with the standard described in subsection (c) if--
                            ``(i) such organization or individual 
                        authorizes the State or locality to release to 
                        the Secretary upon his request (or such State 
                        agency as the Secretary may designate) a copy 
                        of the most current accreditation survey of 
                        such organization or individual made by such 
                        State or locality, together with any other 
                        information directly related to the survey as 
                        the Secretary may require (including corrective 
                        action plans); and
                            ``(ii) such State or locality releases such 
                        a copy and any such information to the 
                        Secretary.
                    ``(C) Timely action on application.--The Secretary 
                shall determine, within 210 days after the date the 
                Secretary receives an application by a private 
                accrediting organization, State, or locality whether 
                the process of the private accrediting organization, 
                State, or locality meets the requirements with respect 
                to training, assessment, or certification standards for 
                interpreters or translators with respect to which 
                standards the application is made. The Secretary may 
                not deny an application on the basis that it seeks to 
                meet the requirements with respect to only one, or more 
                than one, training, assessment, or certification 
                standards for interpreters or translators.
                    ``(D) Disclosure of accreditation survey.--The 
                Secretary may not disclose any accreditation survey 
                made and released to him by the National Council on 
                Interpreting in Health Care or any State or locality of 
                an accredited organization or individual, except that 
                the Secretary may disclose such a survey and 
                information related to such a survey to the extent such 
                survey and information relate to an enforcement action 
                taken by the Secretary.
                    ``(E) Deficiencies.--If the Secretary finds that an 
                accredited organization or individual has significant 
                deficiencies (as defined in regulations pertaining to 
                the training, assessment, or certification standards), 
                the organization or individual shall, after the date of 
                notice of such finding to the organization and for such 
                period as may be prescribed in regulations, be deemed 
                not to meet the conditions or requirements the 
                organization or individual has been treated as meeting 
                pursuant to subparagraph (A).
    ``(e) Availability of Language Access.--The Director shall 
collaborate with the Administrator of the Office of Minority Health, 
the Administrator of the Centers for Medicare & Medicaid Services, and 
the Administrator of the Health Resources and Services Administration 
to notify health care providers and health care organizations about the 
availability of language access services by the Center.
    ``(f) Education.--The Secretary, directly or through contract, 
shall undertake a national education campaign to inform providers, LEP 
individuals, health professionals, graduate schools, and community 
health centers about--
            ``(1) Federal and State laws and guidelines governing 
        access to language services;
            ``(2) the value of using trained interpreters and the risks 
        associated with using family members, friends, minors, and 
        untrained bilingual staff;
            ``(3) funding sources for developing and implementing 
        language services; and
            ``(4) promising practices to effectively provide language 
        services.
    ``(g) Authorization of Appropriations.--In addition to the amounts 
authorized under subsection (e)(8)(F), there are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2012 through 2016.

``SEC. 3404. INNOVATIONS IN CULTURAL AND LINGUISTIC COMPETENCE GRANTS.

    ``(a) In General.--The Secretary, acting through the Director of 
the Agency for Healthcare Research and Quality, shall award grants to 
eligible entities to enable such entities to design, implement, and 
evaluate innovative, cost-effective programs to improve cultural 
competence and language access in health care for individuals with 
limited-English proficiency. The Director of the Agency for Healthcare 
Research and Quality shall coordinate with, and ensure the 
participation of, other agencies including but not limited to the 
Health Resources and Services Administration, the Center on Minority 
Health and Health Disparities at the National Institutes of Health, and 
the Office of Minority Health, regarding the design and evaluation of 
the grants program.
    ``(b) Eligibility.--To be eligible to receive a grant under 
subsection (a) an entity shall--
            ``(1) be--
                    ``(A) a city, county, Indian tribe, State, 
                territory or subdivision thereof;
                    ``(B) an organization described in section 
                501(c)(3) of the Internal Revenue Code of 1986;
                    ``(C) a community health, mental health, or 
                substance use center or clinic;
                    ``(D) a solo or group physician practice;
                    ``(E) an integrated health care delivery system;
                    ``(F) a public hospital;
                    ``(G) a health care group, university, or college; 
                or
                    ``(H) other entity designated by the Secretary; and
            ``(2) prepare and submit to the Secretary an application, 
        at such time, in such manner, and accompanied by such 
        additional information as the Secretary may require.
    ``(c) Use of Funds.--An entity shall use funds received under a 
grant under this section to--
            ``(1) develop, implement, and evaluate models of providing 
        competent interpretation services through on-site 
        interpretation, telephonic interpretation, or video 
        interpretation;
            ``(2) implement strategies to recruit, retain, and promote 
        individuals at all levels of the organization to maintain a 
        diverse staff and leadership that can promote and provide 
        language services to patient populations of the service area of 
        the organization;
            ``(3) develop and maintain a needs assessment that 
        identifies the current demographic, cultural, and 
        epidemiological profile of the community to accurately plan for 
        and implement language services needed in service area of the 
        organization;
            ``(4) develop a strategic plan to implement language 
        services;
            ``(5) develop participatory, collaborative partnerships 
        with communities encompassing the LEP patient populations being 
        served to gain input in designing and implementing language 
        services;
            ``(6) develop and implement grievance resolution processes 
        that are culturally and linguistically sensitive and capable of 
        identifying, preventing, and resolving complaints by LEP 
        individuals; or
            ``(7) develop short-term medical mental health 
        interpretation training courses and incentives for bilingual 
        health care staff who are asked to interpret in the workplace;
            ``(8) develop formal training programs, including continued 
        professional development and education programs as well as 
        supervision, for individuals interested in becoming dedicated 
        health care interpreters and culturally competent providers;
            ``(9) provide staff language training instruction, which 
        shall include information on the practical limitations of such 
        instruction for non-native speakers;
            ``(10) develop policies that address compensation in salary 
        for staff who receive training to become either a staff 
        interpreter or bi-lingual provider;
            ``(11) develop other language assistance services as 
        determined appropriate by the Secretary;
            ``(12) develop, implement, and evaluate models of improving 
        cultural competence; and
            ``(13) ensure that, consistent with the privacy protections 
        provided for under the regulations promulgated under section 
        264(c) of the Health Insurance Portability and Accountability 
        Act of 1996 (42 U.S.C. 1320d-2 note), and any applicable State 
        privacy laws, data on the individual patient or recipient's 
        race, ethnicity, and primary language are collected (and 
        periodically updated) in health records and integrated into the 
        organization's information management systems or any similar 
        system used to store and retrieve data.
    ``(d) Priority.--In awarding grants under this section, the 
Secretary shall give priority to entities that primarily engage in 
providing direct care and that have developed partnerships with 
community organizations or with agencies with experience language 
access.
    ``(e) Evaluation.--
            ``(1) An entity that receives a grant under this section 
        shall submit to the Secretary an evaluation that describes, in 
        the manner and to the extent required by the Secretary, the 
        activities carried out with funds received under the grant, and 
        how such activities improved access to health and health-care-
        related services and the quality of health care for individuals 
        with limited-English proficiency. Such evaluation shall be 
        collected and disseminated through the Robert T. Matsui Center 
        for Cultural and Linguistic Competence in Health Care 
        established under section 3403. The Director of the Agency for 
        Healthcare Research and Quality shall notify grantees of the 
        availability of technical assistance for the evaluation and 
        provide such assistance upon request.
            ``(2) The Director of the Agency for Healthcare Research 
        and Quality shall evaluate or arrange with other individuals or 
        organizations to evaluate projects funded under this section.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, $5,000,000 for each of fiscal 
years 2012 through 2016.

``SEC. 3405. RESEARCH ON CULTURAL AND LANGUAGE COMPETENCE.

    ``(a) In General.--The Secretary, acting through the Director of 
the Agency for Healthcare Research and Quality, shall expand research 
concerning language access in the provision of health care.
    ``(b) Eligibility.--The Director of the Agency for Healthcare 
Research and Quality may conduct the research described in subsection 
(a) or enter into contracts with other individuals or organizations to 
do so.
    ``(c) Use of Funds.--Research under this section shall be designed 
to do one or more of the following:
            ``(1) To identify the barriers to mental and behavioral 
        services that are faced by LEP individuals.
            ``(2) To identify health care providers' and health 
        administrators' attitudes, knowledge, and awareness of the 
        barriers to quality health care services that are faced by LEP 
        individuals.
            ``(3) To identify optimal approaches for delivering 
        language access.
            ``(4) To identify best practices for data collection, 
        including--
                    ``(A) the collection by providers of health care 
                and health-care-related services of data on the race, 
                ethnicity, and primary language of recipients of such 
                services, taking into account existing research 
                conducted by the Government or private sector;
                    ``(B) the development and implementation of data 
                collection and reporting systems; and
                    ``(C) effective privacy safeguards for collected 
                data.
            ``(5) To develop a minimum data collection set for primary 
        language.
            ``(6) To evaluate the most effective ways in which the 
        Department can create or coordinate, and then subsidize or 
        otherwise fund telephonic interpretation providers for health 
        care providers, taking into consideration, among other factors, 
        the flexibility necessary for such a system to accommodate 
        variations in--
                    ``(A) provider type;
                    ``(B) languages needed and their frequency of use;
                    ``(C) type of encounter;
                    ``(D) time of encounter, including regular business 
                hours and after hours; and
                    ``(E) location of encounter.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2012 through 2016.''.

SEC. 203. FEDERAL REIMBURSEMENT FOR CULTURALLY AND LINGUISTICALLY 
              APPROPRIATE SERVICES UNDER THE MEDICARE, MEDICAID, AND 
              STATE CHILDREN'S HEALTH INSURANCE PROGRAMS.

    (a) Language Access Grants for Medicare Providers.--
            (1) Establishment.--
                    (A) In general.--Not later than 6 months after the 
                date of the enactment of this Act, the Secretary of 
                Health and Human Services, acting through the Centers 
                for Medicare & Medicaid Services and in consultation 
                with the Center for Medicare and Medicaid Innovation, 
                shall establish demonstration program under which the 
                Secretary shall award grants to eligible Medicare 
                service providers to improve communication between such 
                providers and limited-English-proficient Medicare 
                beneficiaries, including beneficiaries who live in 
                diverse and underserved communities.
                    (B) Application of innovation rules.--The 
                demonstration project under subparagraph (A) shall be 
                conducted in a manner that is consistent with the 
                applicable provisions of subsections (b), (c), and (d) 
                of section 1115A of the Social Security Act.
                    (C) Number of grants.--To the extent practicible, 
                the Secretary shall award not less than 24 grants under 
                this subsection.
                    (D) Grant period.--Except as provided under 
                paragraph (2)(D), each grant awarded under this 
                subsection shall be for a 3-year period.
            (2) Eligibility requirements.--To be eligible for a grant 
        under this subsection, an entity must meet the following 
        requirements:
                    (A) Medicare provider.--The entity must be--
                            (i) a provider of services under part A of 
                        title XVIII of the Social Security Act;
                            (ii) a provider of services under part B of 
                        such title;
                            (iii) a Medicare Advantage organization 
                        offering a Medicare Advantage plan under part C 
                        of such title; or
                            (iv) a PDP sponsor offering a prescription 
                        drug plan under part D of such title.
                    (B) Underserved communities.--The entity must serve 
                a community that with respect to necessary langauge 
                services for improving access and utilization of health 
                care amoung limited-English proficienct individuals, is 
                disproportinaly underserved.
                    (C) Application.--The entity must prepare and 
                submit to the Secretary an application, at such time, 
                in such manner, and accompanied by such additional 
                information as the Secretary may require.
                    (D) Reporting.--In the case of a grantee that 
                received a grant under this subsection in a previous 
                year, such grantee is only eligible for continued 
                payments under a grant under this subsection if the 
                grantee met the reporting requirements under paragraph 
                (9) for such year. If a grantee fails to meet the 
                requirement of such paragraph for the first year of a 
                grant, the Secretary may terminate the grant and 
                solicit applications from new grantees to participate 
                in the demonstration program.
            (3) Distribution.--To the extent feasible, the Secretary 
        shall award--
                    (A) at least 6 grants to providers of services 
                described in paragraph (2)(A)(i);
                    (B) at least 6 grants to service providers 
                described in paragraph (2)(A)(ii);
                    (C) at least 6 grants to organizations described in 
                paragraph (2)(A)(iii); and
                    (D) at least 6 grants to sponsors described in 
                paragraph (2)(A)(iv).
            (4) Considerations in awarding grants.--
                    (A) Variation in grantees.--In awarding grants 
                under this subsection, the Secretary shall select 
                grantees to ensure the following:
                            (i) The grantees provide many different 
                        types of language services.
                            (ii) The grantees serve Medicare 
                        beneficiaries who speak different languages, 
                        and who, as a population, have differing needs 
                        for language services.
                            (iii) The grantees serve Medicare 
                        beneficiaries in both urban and rural settings.
                            (iv) The grantees serve Medicare 
                        beneficiaries in at least two geographic 
                        regions, as defined by the Secretary.
                            (v) The grantees serve Medicare 
                        beneficiaries in at least two large 
                        metropolitan statistical areas with racial, 
                        ethnic, and economicly diverse populations.
                    (B) Priority for partnerships with community 
                organizations and agencies.--In awarding grants under 
                this subsection, the Secretary shall give priority to 
                eligible entities that have a partnership with--
                            (i) a community organization; or
                            (ii) a consortia of community 
                        origanizations, state agecenices, and local 
                        agencies,
                that has experience in providing language services.
            (5) Use of funds for competent language services.--
                    (A) In general.--Subject to subparagraph (E), a 
                grantee may only use grant funds received under this 
                subsection to pay for the provision of competent 
                language services to Medicare beneficiaries who are 
                limited-English proficient.
                    (B) Competent language services defined.--For 
                purposes of this subsection, the term ``competent 
                language services'' means--
                            (i) interpreter and translation services 
                        that--
                                    (I) subject to the exceptions under 
                                subparagraph (C)--
                                            (aa) if the grantee 
                                        operates in a State that has 
                                        statewide health care 
                                        interpreter standards, meet the 
                                        State standards currently in 
                                        effect; or
                                            (bb) if the grantee 
                                        operates in a State that does 
                                        not have statewide health care 
                                        interpreter standards, utilizes 
                                        competent interpreters who 
                                        follow the National Council on 
                                        Interpreting in Health Care's 
                                        Code of Ethics and Standards of 
                                        Practice; and
                                    (II) that, in the case of 
                                interpreter services, are provided 
                                through--
                                            (aa) on-site 
                                        interpretation;
                                            (bb) telephonic 
                                        interpretation; or
                                            (cc) video interpretation; 
                                        and
                            (ii) the direct provision of health care or 
                        health-care-related services by a competent 
                        bilingual health care provider.
                    (C) Exceptions.--The requirements of subparagraph 
                (B)(i)(I) do not apply--
                            (i) to a Medicare beneficiary who is 
                        limited-English-proficient who has been 
                        informed, in the beneficiary's primary 
                        language, of the availability of free 
                        interpreter and translation services and who, 
                        instead, requests that a family member, friend, 
                        or other person provide such services, if the 
                        grantee documents such request in the 
                        beneficiary's medical record; or
                            (ii) in the case of a medical emergency 
                        where the delay directly associated with 
                        obtaining a competent interpreter or 
                        translation services would jeopardize the 
                        health of the patient.
                Subparagraph (C)(ii) shall not be construed to exempt 
                emergency rooms or similar entities that regularly 
                provide health care services in medical emergencies to 
                limited-English-proficient patients from any applicable 
                legal or regulatory requirements related to providing 
                competent interpreter and translation services without 
                undue delay.
                    (D) MA organizations and pdp sponsors.--If a 
                grantee is a MA organization or a PDP sponsor, such 
                entity must provide at least 50 percent of the grant 
                funds that the entity receives under this subsection 
                directly to the entity's network providers (including 
                physicians and pharmacies) for the purpose of providing 
                support for such providers to provide competent 
                language services to Medicare beneficiaries who are 
                limited-English proficient.
                    (E) Administrative and reporting costs.--A grantee 
                may use up to 10 percent of the grant funds to pay for 
                administrative costs associated with the provision of 
                competent language services and for reporting required 
                under paragraph (9).
            (6) Determination of amount of grant payments.--
                    (A) In general.--Payments to grantees under this 
                subsection shall be calculated based on the estimated 
                numbers of limited-English-proficient Medicare 
                beneficiaries in a grantee's service area utilizing--
                            (i) data on the numbers of limited-English-
                        proficient individuals who speak English less 
                        than ``very well'' from the most recently 
                        available data from the Bureau of the Census or 
                        other State-based study the Secretary 
                        determines likely to yield accurate data 
                        regarding the number of such individuals in 
                        such service area; or
                            (ii) data provided by the grantee, if the 
                        grantee routinely collects data on the primary 
                        language of the Medicare beneficiaries that the 
                        grantee serves and the Secretary determines 
                        that the data is accurate and shows a greater 
                        number of limited-English-proficient 
                        individuals than would be estimated using the 
                        data under clause (i).
                    (B) Discretion of secretary.--Subject to 
                subparagraph (C), the amount of payment made to a 
                grantee under this subsection may be modified annually 
                at the discretion of the Secretary, based on changes in 
                the data under subparagraph (A) with respect to the 
                service area of a grantee for the year.
                    (C) Limitation on amount.--The amount of a grant 
                made under this subsection to a grantee may not exceed 
                $500,000 for the period under paragraph (1)(D).
            (7) Assurances.--Grantees under this subsection shall--
                    (A) ensure that clinical and support staff receive 
                appropriate ongoing education and training in 
                linguistically appropriate service delivery;
                    (B) ensure the linguistic competence of bilingual 
                providers;
                    (C) offer and provide appropriate language services 
                at no additional charge to each patient with limited-
                English proficiency for all points of contact between 
                the patient and the grantee, in a timely manner during 
                all hours of operation;
                    (D) notify Medicare beneficiaries of their right to 
                receive language services in their primary language;
                    (E) post signage in the primary languages commonly 
                used by the patient population in the service area of 
                the organization; and
                    (F) ensure that--
                            (i) primary language data is collected for 
                        recipients of language services and such data 
                        is consistent with standards developed under 
                        title XXXIV of the Public Health Service Act, 
                        as added by section 202 of this Act, to the 
                        extent such standards are available upon the 
                        initiation of the demonstration program; and
                            (ii) consistent with the privacy 
                        protections provided under the regulations 
                        promulgated pursuant to section 264(c) of the 
                        Health Insurance Portability and Accountability 
                        Act of 1996 (42 U.S.C. 1320d-2 note), if the 
                        recipient of language services is a minor or is 
                        incapacitated, primary language data is 
                        collected on the parent or legal guardian of 
                        such recipient.
            (8) No cost sharing.--Limited-English-proficient Medicare 
        beneficiaries shall not have to pay cost-sharing or co-payments 
        for competent language services provided under this 
        demonstration program.
            (9) Reporting requirements for grantees.--Not later than 
        the end of each calendar year, a grantee that receives funds 
        under this subsection in such year shall submit to the 
        Secretary a report that includes the following information:
                    (A) The number of Medicare beneficiaries to whom 
                competent language services are provided.
                    (B) The primary languages of those Medicare 
                beneficiaries.
                    (C) The types of language services provided to such 
                beneficiaries.
                    (D) Whether such language services were provided by 
                employees of the grantee or through a contract with 
                external contractors or agencies).
                    (E) The types of interpretation services provided 
                to such beneficiaries, and the approximate length of 
                time such service is provided to such beneficiaries.
                    (F) The costs of providing competent language 
                services.
                    (G) An account of the training or accreditation of 
                bilingual staff, interpreters, and translators 
                providing services funded by the grant under this 
                subsection.
            (10) Evaluation and report to congress.--Not later than 1 
        year after the completion of a 3-year grant under this 
        subsection, the Secretary shall conduct an evaluation of the 
        demonstration program under this subsection and shall submit to 
        the Congress a report that includes the following:
                    (A) An analysis of the patient outcomes and the 
                costs of furnishing care to the limited-English-
                proficient Medicare beneficiaries participating in the 
                project as compared to such outcomes and costs for 
                limited-English-proficient Medicare beneficiaries not 
                participating, based on the data provided under 
                paragraph (9) and any other information available to 
                the Secretary.
                    (B) The effect of delivering langauge services on--
                            (i) Medicare beneficiary access to care and 
                        utilization of services;
                            (ii) the efficiency and cost effectiveness 
                        of health care delivery;
                            (iii) patient satisfaction;
                            (iv) health outcomes; and
                            (v) the provision of culturally appropriate 
                        services provided to such benificiaries.
                    (C) The extent to which bilingual staff, 
                interpreters, and translators providing services under 
                such demonstration were trained or accredited and the 
                nature of accreditation or training needed by type of 
                provider, service, or other category as determined by 
                the Secretary to ensure the provision of high-quality 
                interpretation, translation, or other language services 
                to Medicare beneficiaries if such services are expanded 
                pursuant to subsection (c) of section 1907 of this Act.
                    (D) Recommendations, if any, regarding the 
                extension of such project to the entire Medicare 
                program, subject the to provision of section 1115A(c) 
                of the Social Security Act.
            (11) Appropriations.--There is appropriated to carry out 
        this subsection, in equal parts from the Federal Hospital 
        Insurance Trust Fund and the Federal Supplementary Medical 
        Insurance Trust Fund, $16,000,000 for each fiscal year of the 
        demonstration program.
    (b) Language Services Under the Medicare Program.--
            (1) Subsection (aa)(1) of section 1861 of the Social 
        Security Act (42 U.S.C. 1395x) is amended--
                    (A) in subparagraph (B), by striking the ``and'' at 
                the end;
                    (B) in subparagrpah (C), by inserting ``and'' after 
                the comma at the end; and
                    (C) by inserting after subparagraph (C) the 
                following:
                    ``(D) language services as defined in subsection 
                (iii),''.
            (2) Section 1833(a) of the Social Security Act (42 U.S.C. 
        1395l(a)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (8);
                    (B) by edesignating paragraph (9) as paragraph 
                (10); and
                    (C) by inserting after paragraph (8) the following 
                new paragraph:
            ``(9) in the case of language services described in section 
        1861(iii), 100 percent of the reasonable charges for such 
        services, as determined in consultation with the Medicare 
        Payment Advisory Commission; and''.
            (3) Section 1832(a)(2) of such Act (42 U.S.C. 1395k(a)(2)) 
        is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (I);
                    (B) by striking the period at the end of 
                subparagraph (J) and inserting ``; and''; and
                    (C) by adding at the end of subparagraph (J) the 
                following:
                    ``(K) language services (as defined in section 
                1861(iii)) furnished by a interpreter or translator.''.
            (4) Section 1861 of the Social Security Act (42 U.S.C. 
        1395x) is amended by adding at the end the following new 
        subsection:

                 ``Language Services and Related Terms

    ``(iii)(1) Language Services Defined.--The term `language services' 
has the same meaning given `language or langauge access services' in 
section 3400 of the Public Health Service Act.
    ``(2) Interpreter Services Defined.--For the purposes of this 
subsection, the term `interpreter services' has the meaning given 
`competent interpreter services' under section 3400(3) of the Public 
Health Service Act.
    ``(3) Interpreter Defined.--The term `interpreter'--
            ``(A) means an individual--
                    ``(i) who faithfully, accurately, and objectively 
                transmits a spoken message from one language into 
                another language; and
                    ``(ii) who knows health and health-related 
                terminology in both languages; and
            ``(B) includes individuals who provide in-person, 
        telephonic, and video interpretation.
    ``(4) Translation Defined.--The term `translation' means the 
transmission of a written message in one language into a written 
message in another language that retains the intended meaning of the 
original message.
    ``(5) Limited-English-proficient and LEP Defined.--The terms 
`Limited-English-proficient' and `LEP' have the meaning given the term 
`limited english proficient' under section 9101(25) of the Elementary 
and Secondary Education Act of 1965, except that subparagraphs (A), 
(B), and (D) of such section not apply.''.
            (5) Waiver of budget neutrality.--For the 3-year period 
        beginning on the date of enactment of this section, the budget 
        neutrality provision of section 1848(c)(2)(B)(ii) of the Social 
        Security Act (42 U.S.C. 1395w-4(c)(2)(B)(ii)) shall not apply 
        to language services (as such term is defined in section 
        1861(iii) of such Act).
    (c) Medicare Part C and Part D.--
            (1) In general.--Medicare Advantage plans under part C of 
        the Social Security Act and Prescription Drug Plans under part 
        D of such Act shall provide effective language services to 
        enrollees of such plans.
            (2) Reporting requirements.--Medicare Advantage and 
        Prescription Drug plans shall annually submit to the Secretary 
        of Health and Human Services a report that contains information 
        on the plan's internal policies and procedures related to 
        recruitment and retention efforts directed to workforce 
        diversity and linquistically and culturally appropriate 
        provision of services in each of the following contexts:
                    (A) The collection of data in a manner that meets 
                the requirements of title I of this Act, regarding the 
                enrollee population.
                    (B) Education of staff and contractors who have 
                routine contact with enrollees regarding the various 
                needs of the diverse enrollee population.
                    (C) Evaluation of the health plan's language 
                services programs and services with respect to the 
                plan's enrollee population, such as through analysis of 
                complaints or satisfaction survey results.
                    (D) Methods by which the plan provides to the 
                Secretary information regarding the ethnic diversity of 
                the plan's enrollee population.
                    (E) The periodic provision of educational 
                information to plan enrollees on the plan's language 
                services and programs.
    (d) Improving Language Services in Medicaid and SCHIP.--
            (1) Section 1903(a)(2)(E) of the Social Security Act (42 
        U.S.C. 1396b(a)(2)(E)) is amended by--
                    (A) striking ``75'' and inserting ``90'';
                    (B) striking ``translation or interpretation 
                services'' and inserting ``language services''; and
                    (C) striking ``children of families'' and inserting 
                ``individuals''.
            (2) Section 1902(a)(10)(A) of the Social Security Act (42 
        U.S.C. 1396a(a)(10)(A)) is amended by striking ``and (28)'' and 
        inserting ``(28), and (29)''.
            (3) Section 1905(a) of the Social Security Act (42 U.S.C. 
        1396d(a)) is amended by--
                    (A) in paragraph (28), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (29) as paragraph 
                (30); and
                    (C) by inserting after paragraph (28) the following 
                new paragraph:
            ``(29) language services, as such term is defined in 
        section 1861(iii), provided in a timely manner to limited-
        English-proficient individuals who need such services; and''.
            (4) Section 1916(a)(2) of the Social Security Act (42 
        U.S.C. 1396o(2)) is amended by--
                    (A) by striking ``or'' at the end of subparagraph 
                (D);
                    (B) by striking ``; and'' at the end of 
                subparagraph (E) and inserting ``, or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(F) language services described in section 
                1905(a)(29); and''.
            (5) Section 2103 of the Social Security Act (42 U.S.C. 
        1397cc) is amended--
                    (A) in subsection (a), in the matter before 
                paragraph (1), by striking `` and (7)'' and inserting 
                ``(7), and (9)''; and
                    (B) in subsection (c), by adding at the end the 
                following new paragraph:
            ``(9) Language services.--The child health assistance 
        provided to a targeted low-income child shall include coverage 
        of language services, as such term is defined in section 
        1861(iii), provided in a timely manner to limited-English-
        proficient individuals who need such services.''; and
                    (C) in subsection (e)(2)--
                            (i) in the heading, by striking 
                        ``Preventive'' and inserting ``Certain''; and
                            (ii) by inserting ``, subsection (c)(9),'' 
                        after ``subsection (c)(1)(C)''.
            (6) Section 2110(a)(27) of the Social Security Act (42 
        U.S.C. 1397jj) is amended by striking ``translation'' and 
        inserting ``language services as described in section 
        2103(c)(9)''.
            (7) Pursuant to the reporting requirement described in 
        section 2107(b)(1) of the Social Security Act (42 U.S.C. 
        1397gg(b)(1)), the Secretary of Health and Human Services shall 
        require that States collect data on--
                    (A) the primary language of individuals receiving 
                child health assistance under title XXI of the Social 
                Security Act; and
                    (B) in the case of such individuals who are minors 
                or incapacitated, the primary language of the 
                individual's parent or guardian.
            (8) Section 2105 of the Social Security Act (42 U.S.C. 
        1397ee(c)) is amended--
                    (A) in subsection (a)(1) by striking ``75'' and 
                inserting ``90''; and
                    (B) in subsection (c)(2)(A), by inserting before 
                the period ``, except that expenditures pursuant to 
                clause (iv) of subparagraph (D) of such paragraph shall 
                not count towards this total''.
    (e) Funding Language Services Furnished by Providers of Health Care 
and Health-Care-Related Services That Serve High Rates of Uninsured LEP 
Individuals.--
            (1) Payment of costs.--
                    (A) In general.--Subject to subparagraph (B), the 
                Secretary of Health and Human Services shall make 
                payments (on a quarterly basis) directly to eligible 
                entities to support the provision of language services 
                to limited-English-proficient individuals in an amount 
                equal to an entity's eligible costs (as defined under 
                paragraph (3)) for such services for the quarter.
                    (B) Funding.--Out of any funds in the Treasury not 
                otherwise appropriated, there are appropriated to the 
                Secretary of Health and Human Services such sums as may 
                be necessary for each of fiscal years 2012 through 
                2016.
                    (C) Relation to medicaid dsh.--Payments under this 
                subsection shall not offset or reduce payments under 
                section 1923 of the Social Security Act, nor shall 
                payments under such section be considered when 
                determining uncompensated costs associated with the 
                provision of language services.
            (2) Eligible entity.--In order to receive grants under this 
        paragraph, an entity must--
                    (A) be a Medicaid provider that is--
                            (i) a physician;
                            (ii) a hospital with a low-income 
                        utilization rate (as defined in section 
                        1923(b)(3) of the Social Security Act (42 
                        U.S.C. 1396r-4(b)(3))) of greater than 25 
                        percent; or
                            (iii) a federally qualified health center 
                        (as defined in section 1905(l)(2)(B) of the 
                        Social Security Act (42 U.S.C. 
                        1396d(l)(2)(B)));
                    (B) provide language services to at least 8 percent 
                of the entity's total number of patients, not later 
                than 6 months after the date of the enactment of the 
                Act; and
                    (C) prepare and submit an application to the 
                Secretary, at such time, in such manner, and 
                accompanied by such information as the Secretary may 
                require to ascertain the entity's eligibility for 
                funding under this subsection.
            (3) Eligible costs defined.--
                    (A) In general.--In this subsection, the term 
                ``eligible costs'' means, with respect to an eligible 
                entity that provides language services to LEP 
                individuals, the product of--
                            (i) the average per person cost of language 
                        services, determined according to the 
                        methodology devised under subparagraph (B); and
                            (ii) the number of limited-English-
                        proficient individuals who are provided 
                        language services by the entity and for whom no 
                        reimbursement is available for such services 
                        under the amendments made by subsections (a), 
                        (b), (c), or (d) or by private health 
                        insurance.
                    (B) Methodology.--
                            (i) In general.--The Secretary shall 
                        establish a methodology to determine the 
                        average per person cost of language services.
                            (ii) Different entities.--In establishing 
                        such methodology, the Secretary may establish 
                        different methodologies for different types of 
                        eligible entities.
                            (iii) No individual claims.--The Secretary 
                        may not require eligible entities to submit 
                        individual claims for language services for 
                        individual patients as a requirement for 
                        payment under this subsection.
            (4) Data collection instrument.--For purposes of this 
        subsection, the Secretary shall create a standard data 
        collection instrument that is consistent with any existing 
        reporting requirements by the Secretary or relevant accrediting 
        organizations regarding the number of individuals to whom 
        language access are provided.
            (5) Reporting requirements.--Entities receiving payment 
        under this subsection shall provide the Secretary with a 
        quarterly report on how the entity used such funds. Such report 
        shall contain aggregate (and may not contain individualized) 
        data collected using the instrument under paragraph (4) and 
        shall otherwise be in a form and manner determined by the 
        Secretary.
            (6) Language services.--For purposes of this subsection, 
        the term ``language services'' has the meaning given such term 
        in section 1861(iii) of the Social Security Act.
            (7) Guidelines and report.--
                    (A) Establishment.--Not later than 6 months after 
                the date of enactment of this Act, the Secretary of 
                Health and Human Services shall establish and 
                distribute guidelines concerning the implementation of 
                this subsection.
                    (B) Report.--Not later than 2 years after the date 
                of enactment of this Act, and every 2 years thereafter, 
                the Secretary shall submit a report to Congress 
                concerning the implementation of this subsection.
    (f) Application of Civil Rights Act of 1964 and Other Laws.--
Nothing in this section shall be construed to limit otherwise existing 
obligations of recipients of Federal financial assistance under title 
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d) et seq.) or other 
laws that protect the civil rights of individuals.
    (g) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2011.

SEC. 204. INCREASING UNDERSTANDING OF AND IMPROVING HEALTH LITERACY.

    (a) In General.--The Secretary, acting through the Director of the 
Agency for Healthcare Research and Quality and the Administrator of the 
Health Resources and Services Administration, in consultation with the 
Director of the National Institute on Minority Health and Health 
Disparities and the Office of Minority Health, shall award grants to 
eligible entities to improve health care for patient populations that 
have low functional health literacy.
    (b) Eligibility.--To be eligible to receive a grant under 
subsection (a), an entity shall--
            (1) be a hospital, health center or clinic, health plan, or 
        other health entity (including a nonprofit minority health 
        organization or association); and
            (2) prepare and submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require.
    (c) Use of Funds.--
            (1) Agency for healthcare research and quality.--Grants 
        awarded under subsection (a) through the Agency for Healthcare 
        Research and Quality shall be used--
                    (A) to define and increase the understanding of 
                health literacy;
                    (B) to investigate the correlation between low 
                health literacy and health and health care;
                    (C) to clarify which aspects of health literacy 
                have an effect on health outcomes; and
                    (D) for any other activity determined appropriate 
                by the Director of the Agency.
            (2) Health resources and services administration.--Grants 
        awarded under subsection (a) through the Health Resources and 
        Services Administration shall be used to conduct demonstration 
        projects for interventions for patients with low health 
        literacy that may include--
                    (A) the development of new disease management 
                programs for patients with low health literacy;
                    (B) the tailoring of existing disease management 
                programs addressing mental, physical, oral, and 
                behavioral health conditions for patients with low 
                health literacy;
                    (C) the translation of written health materials for 
                patients with low health literacy;
                    (D) the identification, implementation, and testing 
                of low health literacy screening tools;
                    (E) the conduct of educational campaigns for 
                patients and providers about low health literacy; and
                    (F) other activities determined appropriate by the 
                Administrator of the Health Resources and Services 
                Administration.
    (d) Definitions.--In this section, the term ``low health literacy'' 
means the inability of an individual to obtain, process, and understand 
basic health information and services needed to make appropriate health 
decisions.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2012 through 2016.

SEC. 205. ASSURANCES FOR RECEIVING FEDERAL FUNDS.

    (a) In General.--Entities that receive Federal funds under sections 
201 or 202 (including under the amendments made by such section), in 
order to ensure the right of LEP individuals to receive access to 
quality health care, shall--
            (1) ensure that appropriate clinical and support staff 
        receive ongoing education and training in linguistically 
        appropriate service delivery;
            (2) offer and provide appropriate language services at no 
        additional charge to each patient with limited-English 
        proficiency at all points of contact, in a timely manner during 
        all hours of operation;
            (3) notify patients of their right to receive language 
        services in their primary language; and
            (4) utilize only competent interpreter or translation 
        services which--
                    (A) until adoption of the Interpreter and 
                Translator Guidelines and Standards described in 
                section 3403(c) of the Public Health Service Act, are 
                defined in section 3400 of the Public Health Service 
                Act; and
                    (B) after adoption of the Interpreter and 
                Translator Guidelines and Standards described in 
                section 3403(c) of the Public Health Service Act, meet 
                those guidelines and standards;
    (b) Exemptions.--The requirements of subsection (a)(4) shall not 
apply as follows:
            (1) When a patient (who has been informed in his or her 
        primary language of the availability of free interpreter and 
        translation services) requests the use of family, friends, or 
        other persons untrained in interpretation or translation if the 
        following conditions are met:
                    (A) The interpreter requested by the patient is 
                over the age of 18.
                    (B) The recipient informs the patient that he or 
                she has the option of having the recipient provide an 
                interpreter for him/her without charge, or of using 
                his/her own interpreter.
                    (C) The recipient informs the patient that the 
                recipient may not require an LEP person to use a family 
                member or friend as an interpreter.
                    (D) The recipient evaluates whether the person the 
                patient wishes to use as an interpreter is competent. 
                If the recipient has reason to believe that the 
                interpreter is not competent, the recipient provides 
                the recipient's own interpreter to protect the 
                recipient from liability if the patient's interpreter 
                is later found not competent.
                    (E) If the recipient has reason to believe that 
                there is a conflict of interest between the interpreter 
                and patient, the recipient may not use the patient's 
                interpreter.
                    (F) The recipient has the patient sign a waiver, 
                witnessed by at least 1 individual not related to the 
                patient, that includes the information stated in 
                subparagraphs (A) through (E) and is translated into 
                the patient's language.
            (2) When a medical emergency exists and the delay directly 
        associated with obtaining competent interpreter or translation 
        services would jeopardize the health of the patient but only 
        until a competent interpreter or translation service is 
        available; however, nothing in this subsection shall exempt 
        emergency rooms or similar entities that regularly provide 
        health care services in medical emergencies from having in 
        place systems to provide competent interpreter and translation 
        services without undue delay.

SEC. 206. REPORT ON FEDERAL EFFORTS TO PROVIDE CULTURALLY AND 
              LINGUISTICALLY APPROPRIATE HEALTH CARE SERVICES.

    (a) Report.--Not later than 1 year after the date of enactment of 
this Act and annually thereafter, the Secretary of Health and Human 
Services shall enter into a contract with the Institute of Medicine for 
the preparation and publication of a report that describes Federal 
efforts to ensure that all individuals with limited-English proficiency 
have meaningful access culturally competent to health care and health-
care-related services. Such report shall include--
            (1) a description and evaluation of the activities carried 
        out under this Act;
            (2) a description and analysis of best practices, model 
        programs, guidelines, and other effective strategies for 
        providing access to culturally and linguistically appropriate 
        health care services;
            (3) recommendations on the development and implementation 
        of policies and practices by providers of health care and 
        health-care-related services for limited-English-proficient 
        individuals;
            (4) a description of the effect of providing language 
        services on quality of health care and access to care; and
            (5) a description of the costs associated with or savings 
        related to the provision of language services.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2012 through 2016.

SEC. 207. ENGLISH FOR SPEAKERS OF OTHER LANGUAGES.

    (a) Grants Authorized.--The Secretary of Education is authorized to 
provide grants to eligible entities for the provision of English as a 
second language (hereafter referred to as ``ESL'') instruction and 
shall determine, after consultation with appropriate stakeholders, the 
mechanism for administering and distributing such grants.
    (b) Eligible Entity Defined.--For purposes of this section, the 
term ``eligible entity'' means a State or community-based organization 
that employs, and serves, minority populations.
    (c) Application.--An eligible entity may apply for a grant under 
this section by submitting such information as the Secretary may 
require and in such form and manner as the Secretary may require.
    (d) Use of Grant.--As a condition of receiving a grant under this 
section, an eligible entity shall--
            (1) develop and implement a plan for assuring the 
        availability of ESL instruction that effectively integrates 
        information about the nature of the United States health care 
        system, how to access care, and any special language skills 
        that may be required for them to access and regularly negotiate 
        the system effectively;
            (2) develop a plan, including, where appropriate, public-
        private partnerships, for making ESL instruction progressively 
        available to all individuals seeking instruction; and
            (3) maintain current ESL instruction efforts by using the 
        additional funds to supplement rather than supplant any funds 
        expended for ESL instruction in the State as of January 1, 
        2006.
    (e) Additional Duties of the Secretary.--The Secretary of Education 
shall--
            (1) collect and publicize annual data on how much Federal, 
        State, and local governments spend on ESL instruction;
            (2) collect data from State and local governments to 
        identify the unmet needs of English language learners for 
        appropriate ESL instruction, including--
                    (A) the preferred written and spoken language of 
                such English language learners;
                    (B) the extent of waiting lists including how many 
                programs maintain waiting lists and, for programs that 
                do not have waiting lists, the reasons why not;
                    (C) the availability of programs to geographically 
                isolated communities;
                    (D) the impact of course enrollment policies, 
                including open enrollment, on the availability of ESL 
                instruction;
                    (E) the number individuals in the State and each 
                participating locality;
                    (F) the effectiveness of the instruction in meeting 
                the needs of individuals receiving instruction and 
                those needing instruction;
                    (G) as assessment of the need for programs that 
                integrate job training and ESL instruction, to assist 
                individuals to obtain better jobs; and
                    (H) the availability of ESL slots by State and 
                locality;
            (3) determine the cost and most appropriate methods of 
        making ESL instruction available to all English language 
        learners seeking instruction; and
            (4) within 1 year of the date of enactment of this Act, 
        issue a report to Congress that assesses the information 
        collected in paragraphs (1), (2), and (3) and makes 
        recommendations on steps that should be taken to progressively 
        realize the goal of making ESL instruction available to all 
        English language learners seeking instruction.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Education for each of fiscal years 
2012 through 2015 $250,000,000 to carry out this section.

SEC. 208. IMPLEMENTATION.

    (a) General Provisions.--
            (1) A State shall not be immune under the Eleventh 
        Amendment of the Constitution of the United States from suit in 
        Federal court for failing to provide the language access funded 
        pursuant to this title.
            (2) In a suit against a State for a violation of this 
        title, remedies (including remedies at both at law and in 
        equity) are available for such a violation to the same extent 
        as such remedies are available for such a violation in the suit 
        against any public or private entity other than a State.
    (b) Rule of Construction.--Nothing in this title shall be construed 
to limit otherwise existing obligations of recipients of Federal 
financial assistance under title VI of the Civil Rights Act of 1964 (42 
U.S.C. 2000(d) et seq.) or any other statute.

SEC. 209. LANGUAGE ACCESS SERVICES.

    (a) Essential Benefits.--Section 1302(b)(1) of the Patient 
Protection and Affordable Care Act (42 U.S.C. 18022(b)(1)) is amended 
by adding at the end the following:
                    ``(K) Language access services, including oral 
                interpretation and written translations.''.
    (b) Employer-Sponsored Minimum Essential Coverage.--Section 
36B(c)(2)(C) of the Internal Revenue Code of 1986 is amended by adding 
at the end the following:
                            ``(v) Coverage must include language access 
                        and services.--Except as provided in clause 
                        (iii), an employee shall not be treated as 
                        eligible for minimum essential coverage if such 
                        coverage consists of an eligible employer-
                        sponsored plan (as defined in section 
                        5000A(f)(2)) and the plan does not provide 
                        coverage for language access services, 
                        including oral interpretation and written 
                        translations.''.
    (c) Quality Reporting.--Section 2717(a)(1) of the Public Health 
Service Act (42 U.S.C. 300gg-17(a)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (C);
            (2) by striking the period at the end of subparagraph (D) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(E) reduce health disparities through the 
                provision of language access services, including oral 
                interpretation and written translations.''.

                 TITLE III--HEALTH WORKFORCE DIVERSITY

SEC. 301. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

    Title XXXIV of the Public Health Service Act, as added by section 
202, is amended by adding at the end the following:

          ``Subtitle A--Diversifying the Health Care Workplace

``SEC. 3411. REPORT ON WORKFORCE DIVERSITY.

    ``(a) In General.--Not later than July 1, 2012, and biannually 
thereafter, the Secretary, acting through the director of each entity 
within the Department of Health and Human Services, shall prepare and 
submit to 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 on health workforce diversity.
    ``(b) Requirement.--The report under subsection (a) shall contain 
the following information:
            ``(1) A description of any grant support that is provided 
        by each entity for workforce diversity initiatives with the 
        following information--
                    ``(A) the number of grants made;
                    ``(B) the purpose of the grants;
                    ``(C) the populations served through the grants;
                    ``(D) the organizations and institutions receiving 
                the grants; and
                    ``(E) the tracking efforts that were used to follow 
                the progress of participants.
            ``(2) A description of the entity's plan to achieve 
        workforce diversity goals that includes, to the extent relevant 
        to such entity--
                    ``(A) the number of underrepresented minority 
                health professionals that will be needed in various 
                disciplines over the next 10 years to achieve 
                population parity;
                    ``(B) the level of funding needed to fully expand 
                and adequately support health professions pipeline 
                programs;
                    ``(C) the impact such programs have had on the 
                admissions practices and policies of health professions 
                schools;
                    ``(D) the management strategy necessary to 
                effectively administer and institutionalize health 
                profession pipeline programs; and
                    ``(E) the impact that the Government Performance 
                and Results Act (GPRA) has had on evaluating the 
                performance of grantees and whether the GPRA is the 
                best assessment tool for programs under titles VII and 
                VIII.
            ``(3) A description of measurable objectives of each entity 
        relating to workforce diversity initiatives.
    ``(c) Public Availability.--The report under subsection (a) shall 
be made available for public review and comment.

``SEC. 3412. NATIONAL WORKING GROUP ON WORKFORCE DIVERSITY.

    ``(a) In General.--The Secretary, acting through the Bureau of 
Health Professions within the Health Resources and Services 
Administration, shall award a grant to an entity determined appropriate 
by the Secretary for the establishment of a national working group on 
workforce diversity.
    ``(b) Representation.--In establishing the national working group 
under subsection (a):
            ``(1) The grantee shall ensure that the group has 
        representatives of the following:
                    ``(A) The Health Resources and Services 
                Administration.
                    ``(B) The Department of Health and Human Services 
                Data Council.
                    ``(C) The Office of Minority Health.
                    ``(D) The Bureau of Labor Statistics of the 
                Department of Labor.
                    ``(E) The Public Health Practice Program Office--
                Office of Workforce Policy and Planning.
                    ``(F) The National Institute on Minority Health and 
                Health Disparities.
                    ``(G) The Agency for Healthcare Research and 
                Quality.
                    ``(H) The Institute of Medicine Study Committee for 
                the 2004 workforce diversity report.
                    ``(I) The Indian Health Service.
                    ``(J) Minority-serving academic institutions.
                    ``(K) Consumer organizations.
                    ``(L) Health professional associations, including 
                those that represent underrepresented minority 
                populations.
                    ``(M) Researchers in the area of health workforce.
                    ``(N) Health workforce accreditation entities.
                    ``(O) Private foundations that have sponsored 
                workforce diversity initiatives.
            ``(2) The grantee shall ensure that, in addition to the 
        representatives under paragraph (1), the group has not less 
        than 5 health professions students representing various health 
        profession fields and levels of training.
    ``(c) Activities.--The working group established under subsection 
(a) shall convene at least twice each year to complete the following 
activities:
            ``(1) Review current public and private health workforce 
        diversity initiatives.
            ``(2) Identify successful health workforce diversity 
        programs and practices.
            ``(3) Examine challenges relating to the development and 
        implementation of health workforce diversity initiatives.
            ``(4) Draft a national strategic work plan for health 
        workforce diversity, including recommendations for public and 
        private sector initiatives.
            ``(5) Develop a framework and methods for the evaluation of 
        current and future health workforce diversity initiatives.
            ``(6) Develop recommended standards for workforce diversity 
        that could be applicable to all health professions programs and 
        programs funded under this Act.
            ``(7) Develop curriculum guidelines for diversity training.
            ``(8) Develop a strategy for the inclusion of community 
        members on admissions committees for health profession schools.
            ``(9) Other activities determined appropriate by the 
        Secretary.
    ``(d) Annual Report.--Not later than 1 year after the establishment 
of the working group under subsection (a), and annually thereafter, the 
working group shall prepare and make available to the general public 
for comment, an annual report on the activities of the working group. 
Such report shall include the recommendations of the working group for 
improving health workforce diversity.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2012 through 2017.

``SEC. 3413. TECHNICAL CLEARINGHOUSE FOR HEALTH WORKFORCE DIVERSITY.

    ``(a) In General.--The Secretary, acting through the Office of 
Minority Health, and in collaboration with the Bureau of Health 
Professions within the Health Resources and Services Administration, 
the National Institute on Minority Health and Health Disparities, shall 
establish a technical clearinghouse on health workforce diversity 
within the Office of Minority Health and coordinate current and future 
clearinghouses.
    ``(b) Information and Services.--The clearinghouse established 
under subsection (a) shall offer the following information and 
services:
            ``(1) Information on the importance of health workforce 
        diversity.
            ``(2) Statistical information relating to underrepresented 
        minority representation in health and allied health professions 
        and occupations.
            ``(3) Model health workforce diversity practices and 
        programs.
            ``(4) Admissions policies that promote health workforce 
        diversity and are in compliance with Federal and State laws.
            ``(5) Lists of scholarship, loan repayment, and loan 
        cancellation grants as well as fellowship information for 
        underserved populations for health professions schools.
            ``(6) Foundation and other large organizational initiatives 
        relating to health workforce diversity.
    ``(c) Consultation.--In carrying out this section, the Secretary 
shall consult with non-Federal entities which may include minority 
health professional associations to ensure the adequacy and accuracy of 
information.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2012 through 2017.

``SEC. 3414. SUPPORT FOR INSTITUTIONS COMMITTED TO WORKFORCE DIVERSITY.

    ``(a) In General.--The Secretary, acting through the Administrator 
of the Health Resources and Services Administration and the Centers for 
Disease Control and Prevention, shall award grants to eligible entities 
that demonstrate a commitment to health workforce diversity.
    ``(b) Eligibility.--To be eligible to receive a grant under 
subsection (a), an entity shall--
            ``(1) be an educational institution or entity that 
        historically produces or trains meaningful numbers of 
        underrepresented minority health professionals, including--
                    ``(A) historically Black colleges and universities;
                    ``(B) Hispanic-serving health professions schools;
                    ``(C) Hispanic-serving institutions;
                    ``(D) tribal colleges and universities;
                    ``(E) Asian-American, Native American, and Pacific 
                Islander-serving institutions;
                    ``(F) institutions that have programs to recruit 
                and retain underrepresented minority health 
                professionals, in which a significant number of the 
                enrolled participants are underrepresented minorities;
                    ``(G) health professional associations, which may 
                include underrepresented minority health professional 
                associations; and
                    ``(H) institutions--
                            ``(i) located in communities with 
                        predominantly underrepresented minority 
                        populations;
                            ``(ii) with whom partnerships have been 
                        formed for the purpose of increasing workforce 
                        diversity; and
                            ``(iii) in which at least 20 percent of the 
                        enrolled participants are underrepresented 
                        minorities; and
            ``(2) submit to the Secretary an application at such time, 
        in such manner, and containing such information as the 
        Secretary may require.
    ``(c) Use of Funds.--Amounts received under a grant under 
subsection (a) shall be used to expand existing workforce diversity 
programs, implement new workforce diversity programs, or evaluate 
existing or new workforce diversity programs, including with respect to 
mental health care professions. Such programs shall enhance diversity 
by considering minority status as part of an individualized 
consideration of qualifications. Possible activities may include--
            ``(1) educational outreach programs relating to 
        opportunities in the health professions;
            ``(2) scholarship, fellowship, grant, loan repayment, and 
        loan cancellation programs;
            ``(3) postbaccalaureate programs;
            ``(4) academic enrichment programs, particularly targeting 
        those who would not be competitive for health professions 
        schools;
            ``(5) kindergarten through 12th grade and other health 
        pipeline programs;
            ``(6) mentoring programs;
            ``(7) internship or rotation programs involving hospitals, 
        health systems, health plans and other health entities;
            ``(8) community partnership development for purposes 
        relating to workforce diversity; or
            ``(9) leadership training.
    ``(d) Reports.--Not later than 1 year after receiving a grant under 
this section, and annually for the term of the grant, a grantee shall 
submit to the Secretary a report that summarizes and evaluates all 
activities conducted under the grant.
    ``(e) Definition.--In this section, the term `Asian-American, 
Native American, and Pacific Islander-serving institutions' has the 
same meaning as the term `Asian American and Native American Pacific 
Islander-serving institution' as defined in section 371(c) of the 
Higher Education Act of 1965 (20 U.S.C. 1067q(c)).
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2012 through 2017.

``SEC. 3415. CAREER DEVELOPMENT FOR SCIENTISTS AND RESEARCHERS.

    ``(a) In General.--The Secretary, acting through the Director of 
the National Institutes of Health, the Director of the Centers for 
Disease Control and Prevention, the Commissioner of Food and Drugs, and 
the Director of the Agency for Healthcare Research and Quality, shall 
award grants that expand existing opportunities for scientists and 
researchers and promote the inclusion of underrepresented minorities in 
the health professions.
    ``(b) Research Funding.--The head of each entity within the 
Department of Health and Human Services shall establish or expand 
existing programs to provide research funding to scientists and 
researchers in training. Under such programs, the head of each such 
entity shall give priority in allocating research funding to support 
health research in traditionally underserved communities, including 
underrepresented minority communities, and research classified as 
community or participatory.
    ``(c) Data Collection.--The head of each entity within the 
Department of Health and Human Services shall collect data on the 
number (expressed as an absolute number and a percentage) of 
underrepresented minority and nonminority applicants who receive and 
are denied agency funding at every stage of review. Such data shall be 
reported annually to the Secretary and the appropriate committees of 
Congress.
    ``(d) Student Loan Reimbursement.--The Secretary shall establish a 
student loan reimbursement program to provide student loan 
reimbursement assistance to researchers who focus on racial and ethnic 
disparities in health. The Secretary shall promulgate regulations to 
define the scope and procedures for the program under this subsection.
    ``(e) Student Loan Cancellation.--The Secretary shall establish a 
student loan cancellation program to provide student loan cancellation 
assistance to researchers who focus on racial and ethnic disparities in 
health. Students participating in the program shall make a minimum 5-
year commitment to work at an accredited health profession school. The 
Secretary shall promulgate additional regulations to define the scope 
and procedures for the program under this subsection.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2012 through 2017.

``SEC. 3416. CAREER SUPPORT FOR NON-RESEARCH HEALTH PROFESSIONALS.

    ``(a) In General.--The Secretary, acting through the Director of 
the Centers for Disease Control and Prevention, the Administrator of 
the Substance Abuse and Mental Health Services Administration, the 
Administrator of the Health Resources and Services Administration, and 
the Administrator of the Centers for Medicare and Medicaid Services 
shall establish a program to award grants to eligible individuals for 
career support in non-research-related health care.
    ``(b) Eligibility.--To be eligible to receive a grant under 
subsection (a) an individual shall--
            ``(1) be a student in a health professions school, a 
        graduate of such a school who is working in a health 
        profession, or a faculty member of such a school; and
            ``(2) submit to the Secretary an application at such time, 
        in such manner, and containing such information as the 
        Secretary may require.
    ``(c) Use of Funds.--An individual shall use amounts received under 
a grant under this section to--
            ``(1) support the individual's health activities or 
        projects that involve underserved communities, including racial 
        and ethnic minority communities;
            ``(2) support health-related career advancement activities;
            ``(3) to pay, or as reimbursement for payments of, student 
        loans for individuals who are health professionals and are 
        focused on health issues affecting underserved communities, 
        including racial and ethnic minority communities; and
            ``(4) to establish and promote leadership training programs 
        to decrease health disparities and to increase cultural 
        competence with the goal of increasing diversity in leadership 
        positions.
    ``(d) Definition.--In this section, the term `career in non-
research-related health care' means employment or intended employment 
in the field of public health, health policy, health management, health 
administration, medicine, nursing, pharmacy, psychology, social work, 
psychiatry, other mental and behavioral health, allied health, 
community health, social work, or other fields determined appropriate 
by the Secretary, other than in a position that involves research.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2012 through 2017.

``SEC. 3417. RESEARCH ON THE EFFECT OF WORKFORCE DIVERSITY ON QUALITY.

    ``(a) In General.--The Director of the Agency for Healthcare 
Research and Quality, in collaboration with the Deputy Assistant 
Secretary for Minority Health and the Director of the National 
Institute on Minority Health and Health Disparities, shall award grants 
to eligible entities to expand research on the link between health 
workforce diversity and quality health care.
    ``(b) Eligibility.--To be eligible to receive a grant under 
subsection (a) an entity shall--
            ``(1) be a clinical, public health, or health services 
        research entity or other entity determined appropriate by the 
        Director; and
            ``(2) submit to the Secretary an application at such time, 
        in such manner, and containing such information as the 
        Secretary may require.
    ``(c) Use of Funds.--Amounts received under a grant awarded under 
subsection (a) shall be used to support research that investigates the 
effect of health workforce diversity on--
            ``(1) language access;
            ``(2) cultural competence;
            ``(3) patient satisfaction;
            ``(4) timeliness of care;
            ``(5) safety of care;
            ``(6) effectiveness of care;
            ``(7) efficiency of care;
            ``(8) patient outcomes;
            ``(9) community engagement;
            ``(10) resource allocation;
            ``(11) organizational structure;
            ``(12) compliance of care; or
            ``(13) other topics determined appropriate by the Director.
    ``(d) Priority.--In awarding grants under subsection (a), the 
Director shall give individualized consideration to all relevant 
aspects of the applicant's background. Consideration of prior research 
experience involving the health of underserved communities shall be 
such a factor.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2012 through 2017.

``SEC. 3418. HEALTH DISPARITIES EDUCATION PROGRAM.

    ``(a) Establishment.--The Secretary, acting through the National 
Institute on Minority Health and Health Disparities and in 
collaboration with the Office of Minority Health, the Office for Civil 
Rights, the Centers for Disease Control and Prevention, the Centers for 
Medicare & Medicaid Services, the Health Resources and Services 
Administration, and other appropriate public and private entities, 
shall establish and coordinate a health and health care disparities 
education program to support, develop, and implement educational 
initiatives and outreach strategies that inform health care 
professionals and the public about the existence of and methods to 
reduce racial and ethnic disparities in health and health care.
    ``(b) Activities.--The Secretary, through the education program 
established under subsection (a) shall, through the use of public 
awareness and outreach campaigns targeting the general public and the 
medical community at large--
            ``(1) disseminate scientific evidence for the existence and 
        extent of racial and ethnic disparities in health care, 
        including disparities that are not otherwise attributable to 
        known factors such as access to care, patient preferences, or 
        appropriateness of intervention, as described in the 2002 
        Institute of Medicine Report entitled `Unequal Treatment: 
        Confronting Racial and Ethnic Disparities in Health Care', as 
        well as the impact of disparities related to age, disability 
        status, socioeconomic status, sex, gender identity, and sexual 
        orientation on racial and ethnic minorities;
            ``(2) disseminate new research findings to health care 
        providers and patients to assist them in understanding, 
        reducing, and eliminating health and health care disparities;
            ``(3) disseminate information about the impact of 
        linguistic and cultural barriers on health care quality and the 
        obligation of health providers who receive Federal financial 
        assistance to ensure that people with limited-English 
        proficiency have access to language access services;
            ``(4) disseminate information about the importance and 
        legality of racial, ethnic, disability status, socioeconomic 
        status, sex, gender identity, and sexual orientation, and 
        primary language data collection, analysis, and reporting;
            ``(5) design and implement specific educational initiatives 
        to health care providers relating to health and health care 
        disparities; and
            ``(6) assess the impact of the programs established under 
        this section in raising awareness of health and health care 
        disparities and providing information on available resources.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2012 through 2017.''.

SEC. 302. HISPANIC-SERVING HEALTH PROFESSIONS SCHOOLS.

    Part B of title VII of the Public Health Service Act (42 U.S.C. 293 
et seq.) is amended by adding at the end the following:

``SEC. 742. HISPANIC-SERVING HEALTH PROFESSIONS SCHOOLS.

    ``(a) In General.--The Secretary, acting through the Administrator 
of the Health Resources and Services Administration, shall award grants 
to Hispanic-serving health professions schools for the purpose of 
carrying out programs to recruit Hispanic individuals to enroll in and 
graduate from such schools, which may include providing scholarships 
and other financial assistance as appropriate.
    ``(b) Eligibility.--In subsection (a), the term `Hispanic-serving 
health professions school' means an entity that--
            ``(1) is a school or program under section 799B;
            ``(2) has an enrollment of full-time equivalent students 
        that is made up of at least 9 percent Hispanic students;
            ``(3) has been effective in carrying out programs to 
        recruit Hispanic individuals to enroll in and graduate from the 
        school;
            ``(4) has been effective in recruiting and retaining 
        Hispanic faculty members;
            ``(5) has a significant number of graduates who are 
        providing health services to medically underserved populations 
        or to individuals in health professional shortage areas; and
            ``(6) Regional Hispanic Centers of Excellence.''.

SEC. 303. LOAN REPAYMENT PROGRAM OF CENTERS FOR DISEASE CONTROL AND 
              PREVENTION.

    Section 317F(c) of the Public Health Service Act (42 U.S.C. 247b-
7(c)) is amended--
            (1) by striking ``and'' after ``1994,''; and
            (2) by inserting before the period the following: 
        ``$750,000 for fiscal year 2012, and such sums as may be 
        necessary for each of the fiscal years 2013 through 2017.''.

SEC. 304. COOPERATIVE AGREEMENTS FOR ONLINE DEGREE PROGRAMS AT SCHOOLS 
              OF PUBLIC HEALTH AND SCHOOLS OF ALLIED HEALTH.

    Part B of title VII of the Public Health Service Act (42 U.S.C. 293 
et seq.), as amended by section 302, is further amended by adding at 
the end the following:

``SEC. 743. COOPERATIVE AGREEMENTS FOR ONLINE DEGREE PROGRAMS.

    ``(a) Cooperative Agreements.--The Secretary, acting through the 
Administrator of the Health Resources and Services Administration, in 
consultation with the Director of the Centers for Disease Control and 
Prevention, the Director of the Agency for Healthcare Research and 
Quality, and the Deputy Assistant Secretary for Minority Health, shall 
award cooperative agreements to schools of public health and schools of 
allied health to design and implement online degree programs.
    ``(b) Priority.--In awarding cooperative agreements under this 
section, the Secretary shall give priority to any school of public 
health or school of allied health that has an established track record 
of serving medically underserved communities.
    ``(c) Requirements.--Awardees must design and implement an online 
degree program, that meet the following restrictions:
            ``(1) Enrollment of individuals who have obtained a 
        secondary school diploma or its recognized equivalent.
            ``(2) Maintaining a significant enrollment of 
        underrepresented minority or disadvantaged students.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2012 through 2017.''.

SEC. 305. NATIONAL REPORT ON THE PREPAREDNESS OF HEALTH PROFESSIONALS 
              TO CARE FOR DIVERSE POPULATIONS.

    The Secretary of Health and Human Services, in collaboration with 
the Bureau of Health Professions, the Office of Minority Health and the 
National Institute on Minority Health and Health Disparities, shall 
prepare and disseminate a report that details and assesses the 
preparedness of health professionals to care for racially and 
ethnically diverse populations. Such information, which shall be 
collected by the Bureau of Health Professions, shall include--
            (1) with respect to health professions education, the 
        number and percentage of hours of classroom discussion relating 
        to minority health issues, including cultural competence;
            (2) a description of the coursework involved in such 
        education;
            (3) a description of the results of an evaluation of the 
        preparedness of students in such education;
            (4) a description of the types of exposure that students 
        have during their education to minority patient populations; 
        and
            (5) a description of model programs and practices.

SEC. 306. SCHOLARSHIP AND FELLOWSHIP PROGRAMS.

    Subtitle A of title XXXIV of the Public Health Service Act, as 
amended by section 301, is further amended by inserting after section 
3418 the following:

``SEC. 3419. DAVID SATCHER PUBLIC HEALTH AND HEALTH SERVICES CORPS.

    ``(a) In General.--The Administrator of the Health Resources and 
Services Administration and the Director of the Centers for Disease 
Control and Prevention, in collaboration with the Deputy Assistant 
Secretary for Minority Health, shall award grants to eligible entities 
to increase awareness among postprimary and postsecondary students of 
career opportunities in the health professions.
    ``(b) Eligibility.--To be eligible to receive a grant under 
subsection (a) an entity shall--
            ``(1) be a clinical, public health or health services 
        organization, community-based or nonprofit entity, or other 
        entity determined appropriate by the Director of the Centers 
        for Disease Control and Prevention;
            ``(2) serve a health professional shortage area, as 
        determined by the Secretary;
            ``(3) work with students, including those from racial and 
        ethnic minority backgrounds, that have expressed an interest in 
        the health professions; and
            ``(4) submit to the Secretary an application at such time, 
        in such manner, and containing such information as the 
        Secretary may require.
    ``(c) Use of Funds.--Grant awards under subsection (a) shall be 
used to support internships that will increase awareness among students 
of non-research-based and career opportunities in the following health 
professions:
            ``(1) Medicine.
            ``(2) Nursing.
            ``(3) Public Health.
            ``(4) Pharmacy.
            ``(5) Health administration and management.
            ``(6) Health policy.
            ``(7) Psychology.
            ``(8) Dentistry.
            ``(9) International health.
            ``(10) Social work.
            ``(11) Allied health.
            ``(12) Psychiatry.
            ``(13) Hospice care.
            ``(14) Other professions deemed appropriate by the Director 
        of the Centers for Disease Control and Prevention.
    ``(d) Priority.--In awarding grants under subsection (a), the 
Director of the Centers for Disease Control and Prevention shall give 
priority to those entities that--
            ``(1) serve a high proportion of individuals from 
        disadvantaged backgrounds;
            ``(2) have experience in health disparity elimination 
        programs;
            ``(3) facilitate the entry of disadvantaged individuals 
        into institutions of higher education; and
            ``(4) provide counseling or other services designed to 
        assist disadvantaged individuals in successfully completing 
        their education at the postsecondary level.
    ``(e) Stipends.--The Secretary may approve stipends under this 
section for individuals for any period of education in student-
enhancement programs (other than regular courses) at health professions 
schools, programs, or entities, except that such a stipend may not be 
provided to an individual for more than 6 months, and such a stipend 
may not exceed $20 per day (notwithstanding any other provision of law 
regarding the amount of stipends).
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2012 through 2017.

``SEC. 3420. LOUIS STOKES PUBLIC HEALTH SCHOLARS PROGRAM.

    ``(a) In General.--The Director of the Centers for Disease Control 
and Prevention, in collaboration with the Deputy Assistant Secretary 
for Minority Health, shall award scholarships to postsecondary students 
who seek a career in public health.
    ``(b) Eligibility.--To be eligible to receive a scholarship under 
subsection (a) an individual shall--
            ``(1) have experience in public health research or public 
        health practice, or other health professions as determined 
        appropriate by the Director of the Centers for Disease Control 
        and Prevention;
            ``(2) reside in a health professional shortage area as 
        determined by the Secretary;
            ``(3) have expressed an interest in public health;
            ``(4) demonstrate promise for becoming a leader in public 
        health;
            ``(5) secure admission to a 4-year institution of higher 
        education;
            ``(6) comply with subsection (f); and
            ``(7) submit to the Secretary an application at such time, 
        in such manner, and containing such information as the 
        Secretary may require.
    ``(c) Use of Funds.--Amounts received under an award under 
subsection (a) shall be used to support opportunities for students to 
become public health professionals.
    ``(d) Priority.--In awarding grants under subsection (a), the 
Director shall give priority to those students that--
            ``(1) are from disadvantaged backgrounds;
            ``(2) have secured admissions to a minority-serving 
        institution; and
            ``(3) have identified a health professional as a mentor at 
        their school or institution and an academic advisor to assist 
        in the completion of their baccalaureate degree.
    ``(e) Scholarships.--The Secretary may approve payment of 
scholarships under this section for such individuals for any period of 
education in student undergraduate tenure, except that such a 
scholarship may not be provided to an individual for more than 4 years, 
and such scholarships may not exceed $10,000 per academic year 
(notwithstanding any other provision of law regarding the amount of 
scholarship).
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2012 through 2017.

``SEC. 3420A. PATSY MINK HEALTH AND GENDER RESEARCH FELLOWSHIP PROGRAM.

    ``(a) In General.--The Director of the Centers for Disease Control 
and Prevention, in collaboration with the Deputy Assistant Secretary 
for Minority Health, the Administrator of the Substance Abuse and 
Mental Health Services Administration, and the Director of the Indian 
Health Services, shall award research fellowships to post-baccalaureate 
students to conduct research that will examine gender and health 
disparities and to pursue a career in the health professions.
    ``(b) Eligibility.--To be eligible to receive a fellowship under 
subsection (a) an individual shall--
            ``(1) have experience in health research or public health 
        practice;
            ``(2) reside in a health professional shortage area as 
        determined by the Secretary;
            ``(3) have expressed an interest in the health professions;
            ``(4) demonstrate promise for becoming a leader in the 
        field of women's health;
            ``(5) secure admission to a health professions school or 
        graduate program with an emphasis in gender studies;
            ``(6) comply with subsection (f); and
            ``(7) submit to the Secretary an application at such time, 
        in such manner, and containing such information as the 
        Secretary may require.
    ``(c) Use of Funds.--Amounts received under an award under 
subsection (a) shall be used to support opportunities for students to 
become researchers and advance the research base on the intersection 
between gender and health.
    ``(d) Priority.--In awarding grants under subsection (a), the 
Director of the Centers for Disease Control and Prevention shall give 
priority to those applicants that--
            ``(1) are from disadvantaged backgrounds; and
            ``(2) have identified a mentor and academic advisor who 
        will assist in the completion of their graduate or professional 
        degree and have secured a research assistant position with a 
        researcher working in the area of gender and health.
    ``(e) Fellowships.--The Director of the Centers for Disease Control 
and Prevention may approve fellowships for individuals under this 
section for any period of education in the student's graduate or health 
profession tenure, except that such a fellowship may not be provided to 
an individual for more than 3 years, and such a fellowship may not 
exceed $18,000 per academic year (notwithstanding any other provision 
of law regarding the amount of fellowship).
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2012 through 2017.

``SEC. 3420B. PAUL DAVID WELLSTONE INTERNATIONAL HEALTH FELLOWSHIP 
              PROGRAM.

    ``(a) In General.--The Director of the Agency for Healthcare 
Research and Quality, in collaboration with the Deputy Assistant 
Secretary for Minority Health, shall award research fellowships to 
college students or recent graduates to advance their understanding of 
international health.
    ``(b) Eligibility.--To be eligible to receive a fellowship under 
subsection (a) an individual shall--
            ``(1) have educational experience in the field of 
        international health;
            ``(2) reside in a health professional shortage area as 
        determined by the Secretary;
            ``(3) demonstrate promise for becoming a leader in the 
        field of international health;
            ``(4) be a college senior or recent graduate of a four-year 
        higher education institution;
            ``(5) comply with subsection (f); and
            ``(6) submit to the Secretary an application at such time, 
        in such manner, and containing such information as the 
        Secretary may require.
    ``(c) Use of Funds.--Amounts received under an award under 
subsection (a) shall be used to support opportunities for students to 
become health professionals and to advance their knowledge about 
international issues relating to health care access and quality.
    ``(d) Priority.--In awarding grants under subsection (a), the 
Director shall give priority to those applicants that--
            ``(1) are from a disadvantaged background; and
            ``(2) have identified a mentor at a health professions 
        school or institution, an academic advisor to assist in the 
        completion of their graduate or professional degree, and an 
        advisor from an international health non-governmental 
        organization, private volunteer organization, or other 
        international institution or program that focuses on increasing 
        health care access and quality for residents in developing 
        countries.
    ``(e) Fellowships.--The Secretary shall approve fellowships for 
college seniors or recent graduates, except that such a fellowship may 
not be provided to an individual for more than 6 months, may not be 
awarded to a graduate that has not been enrolled in school for more 
than 1 year, and may not exceed $4,000 per academic year 
(notwithstanding any other provision of law regarding the amount of 
fellowship).
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2012 through 2017.

``SEC. 3420C. EDWARD R. ROYBAL HEALTH CARE SCHOLAR PROGRAM.

    ``(a) In General.--The Director of the Agency for Healthcare 
Research and Quality, the Director of the Centers for Medicaid & 
Medicare, and the Administrator for Health Resources and Services 
Administration, in collaboration with the Deputy Assistant Secretary 
for Minority Health, shall award grants to eligible entities to expose 
entering graduate students to the health professions.
    ``(b) Eligibility.--To be eligible to receive a grant under 
subsection (a) an entity shall--
            ``(1) be a clinical, public health or health services 
        organization, community-based or nonprofit entity, or other 
        entity determined appropriate by the Director of the Agency for 
        Healthcare Research and Quality;
            ``(2) serve in a health professional shortage area as 
        determined by the Secretary;
            ``(3) work with students obtaining a degree in the health 
        professions; and
            ``(4) submit to the Secretary an application at such time, 
        in such manner, and containing such information as the 
        Secretary may require.
    ``(c) Use of Funds.--Amounts received under a grant awarded under 
subsection (a) shall be used to support opportunities that expose 
students to non-research-based health professions, including--
            ``(1) public health policy;
            ``(2) health care and pharmaceutical policy;
            ``(3) health care administration and management;
            ``(4) health economics; and
            ``(5) other professions determined appropriate by the 
        Director of the Agency for Healthcare Research and Quality.
    ``(d) Priority.--In awarding grants under subsection (a), the 
Director of the Agency for Healthcare Research and Quality shall give 
priority to those entities that--
            ``(1) have experience with health disparity elimination 
        programs;
            ``(2) facilitate training in the fields described in 
        subsection (c); and
            ``(3) provide counseling or other services designed to 
        assist such individuals in successfully completing their 
        education at the postsecondary level.
    ``(e) Stipends.--The Secretary may approve the payment of stipends 
for individuals under this section for any period of education in 
student-enhancement programs (other than regular courses) at health 
professions schools or entities, except that such a stipend may not be 
provided to an individual for more than 2 months, and such a stipend 
may not exceed $100 per day (notwithstanding any other provision of law 
regarding the amount of stipends).
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2012 through 2017.''.

SEC. 307. ADVISORY COMMITTEE ON HEALTH PROFESSIONS TRAINING FOR 
              DIVERSITY.

    (a) Establishment.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary'') shall establish an 
advisory committee to be known as the Advisory Committee on Health 
Professions Training for Diversity (in this section referred to as the 
``Advisory Committee'').
    (b) Composition.--
            (1) In general.--The Secretary shall determine the 
        appropriate number of individuals to serve on the Advisory 
        Committee. Such individuals shall not be officers or employees 
        of the Federal Government.
            (2) Appointment.--Not later than 60 days after the date of 
        enactment of this section, the Secretary shall appoint the 
        members of the Advisory Committee from among individuals who 
        are health professionals. In making such appointments, the 
        Secretary shall ensure a fair balance between the health 
        professions, that at least 75 percent of the members of the 
        Advisory Committee are health professionals, a broad geographic 
        representation of members and a balance between urban and rural 
        members. Members shall be appointed based on their competence, 
        interest, and knowledge of the mission of the profession 
        involved.
            (3) Minority representation.--In appointing the members of 
        the Advisory Committee under paragraph (2), the Secretary shall 
        ensure the adequate representation of women and minorities.
    (c) Terms.--
            (1) In general.--A member of the Advisory Committee shall 
        be appointed for a term of 3 years, except that of the members 
        first appointed--
                    (A) \1/3\ of such members shall serve for a term of 
                1 year;
                    (B) \1/3\ of such members shall serve for a term of 
                2 years; and
                    (C) \1/3\ of such members shall serve for a term of 
                3 years.
            (2) Vacancies.--
                    (A) In general.--A vacancy on the Advisory 
                Committee shall be filled in the manner in which the 
                original appointment was made and shall be subject to 
                any conditions which applied with respect to the 
                original appointment.
                    (B) Filling unexpired term.--An individual chosen 
                to fill a vacancy shall be appointed for the unexpired 
                term of the member replaced.
    (d) Duties.--
            (1) In general.--The Advisory Committee shall--
                    (A) provide advice and recommendations to the 
                Secretary concerning policy and program development and 
                other matters of significance concerning activities 
                under this part; and
                    (B) not later than 2 years after the date of 
                enactment of this section, and annually thereafter, 
                prepare and submit to the Secretary, and 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 describing the 
                activities of the Committee.
            (2) Consultation with students.--In carrying out duties 
        under paragraph (1), the Advisory Committee shall consult with 
        individuals who are attending health professions schools with 
        which this part is concerned.
    (e) Meetings and Documents.--
            (1) Meetings.--The Advisory Committee shall meet not less 
        than 2 times each year. Such meetings shall be held jointly 
        with other related entities established under this title where 
        appropriate.
            (2) Documents.--Not later than 14 days prior to the 
        convening of a meeting under paragraph (1), the Advisory 
        Committee shall prepare and make available an agenda of the 
        matters to be considered by the Advisory Committee at such 
        meeting. At any such meeting, the Advisory Committee shall 
        distribute materials with respect to the issues to be addressed 
        at the meeting. Not later than 30 days after the adjourning of 
        such a meeting, the Advisory Committee shall prepare and make 
        available a summary of the meeting and any actions taken by the 
        Committee based upon the meeting.
    (f) Compensation and Expenses.--
            (1) Compensation.--Each member of the Advisory Committee 
        shall be compensated at a rate equal to the daily equivalent of 
        the annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day (including travel time) during which such 
        member is engaged in the performance of the duties of the 
        Committee.
            (2) Expenses.--The members of the Advisory Committee shall 
        be allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Committee.
    (g) FACA.--The Federal Advisory Committee Act shall apply to the 
Advisory Committee under this section only to the extent that the 
provisions of such Act do not conflict with the requirements of this 
section.

SEC. 308. MCNAIR POSTBACCALAUREATE ACHIEVEMENT PROGRAM.

    Section 402E of the Higher Education Act of 1965 (20 U.S.C. 1070a-
15) is amended by striking subsection (g) and inserting the following:
    ``(g) Collaboration in Health Profession Diversity Training 
Programs.--The Secretary shall coordinate with the Secretary of Health 
and Human Services to ensure that there is collaboration between the 
goals of the program under this section and programs of the Health 
Resources and Services Administration that promote health workforce 
diversity. The Secretary of Education shall take such measures as may 
be necessary to encourage participants in programs under this section 
to consider health profession careers.
    ``(h) Funding.--From amounts appropriated pursuant to the authority 
of section 402A(g), the Secretary shall, to the extent practicable, 
allocate funds for projects authorized by this section in an amount 
which is not less than $31,000,000 for each of the fiscal years 2012 
through 2018.''.

SEC. 309. RULES FOR DETERMINATION OF FULL-TIME EQUIVALENT RESIDENTS FOR 
              COST REPORTING PERIODS.

    (a) DGME Determinations.--Section 1886(h)(4) of the Social Security 
Act (42 U.S.C. 1395ww(d)(5)(B)) is amended--
            (1) in subparagraph (E), by striking ``Subject to 
        subparagraphs (J) and (K), such rules'' and inserting ``Subject 
        to subparagraphs (J), (K), and (L), such rules'';
            (2) in subparagraph (J), by striking ``Such rules'' and 
        inserting ``Subject to subparagraph (L), such rules'';
            (3) in subparagraph (K), by striking ``In determining'' and 
        inserting ``Subject to subparagraph (L), in determining''; and
            (4) by adding at the end the following new subparagraph:
                    ``(L) For purposes of cost-reporting periods 
                beginning on or after October 1, 2011, in determining 
                the hospital's number of full-time equivalent residents 
                for purposes of this subparagraph, all the time spent 
                by an intern or resident in an approved medical 
                residency training program shall be counted toward the 
                determination of full-time equivalency if the 
                hospital--
                            ``(i) is recognized as a subsection (d) 
                        hospital;
                            ``(ii) is recognized as a subsection (d) 
                        Puerto Rico hospital;
                            ``(iii) is reimbursed under a reimbursement 
                        system authorized under section 1814(b)(3); or
                            ``(iv) is a provider-based hospital 
                        outpatient department.''.
    (b) IME Determinations.--Section 1886(d)(5)(B) of such Act (42 
U.S.C. 1395ww(d)(5)(B)) is amended--
            (1) in clause (x)(II), by striking ``In determining'' and 
        inserting ``Subject to subclause (x)(IV), in determining'';
            (2) in clause (x)(III), by striking ``In determining'' and 
        inserting ``Subject to subclause (x)(IV), in determining''; and
            (3) by adding at the end the following new subclause:
                                    ``(IV) The provisions of 
                                subparagraph (L) of subsection (h)(4) 
                                shall apply under this subparagraph in 
                                the same manner as they apply under 
                                such subsection.''.

SEC. 310. DEVELOPING AND IMPLEMENTING STRATEGIES FOR LOCAL HEALTH 
              EQUITY.

    (a) Grants.--The Secretaries of Health and Human Services, 
Education, and Labor, acting jointly, shall make grants to academic 
institutions for the purposes of--
            (1) in accordance with subsection (b), developing 
        capacity--
                    (A) to build an evidence base for successful 
                strategies for increasing local health equity; and
                    (B) to serve as national models of driving local 
                health equity;
            (2) in accordance with subsection (c), developing a 
        strategic partnership with the community in which the academic 
        institution is located; and
            (3) collecting data on, and periodically evaluating, the 
        effectiveness of the institution's programs funded through this 
        section to enable the institution to adapt accordingly for 
        maximum efficiency and success.
    (b) Developing Capacity for Increasing Local Health Equity.--As a 
condition on receipt of a grant under subsection (a), an academic 
institution shall agree to use the grant to build an evidence base for 
successful strategies for increasing local health equity, and to serve 
as a national model of driving local health equity, by supporting--
            (1) resources to strengthen institutional metrics and 
        capacity to execute institutionwide health workforce goals that 
        can serve as models for increasing health equity in communities 
        across the country ;
            (2) collaborations among a cohort of institutions in 
        implementing systemic change, partnership development, and 
        programmatic efforts supportive of health equity goals across 
        disciplines and populations; and
            (3) enhanced or newly developed data systems and research 
        infrastructure capable of informing current and future 
        workforce efforts and building a foundation for a broader 
        research agenda targeting urban health disparities.
    (c) Strategic Partnerships.--As a condition on receipt of a grant 
under subsection (a), an academic institution shall agree to use the 
grant to develop a strategic partnership with the community in which 
the institution is located for the purposes of--
            (1) strengthening connections between the institution and 
        the community--
                    (A) to improve evaluation of and address the 
                community's health and health workforce needs; and
                    (B) to engage the community in health workforce 
                development;
            (2) developing, enhancing, or accelerating innovative 
        undergraduate and graduate programs in the biomedical sciences 
        and health professions; and
            (3) strengthening the ``birth to career'' pipeline in the 
        biomedical sciences and health professions, including by 
        developing partnerships between institutions of higher 
        education and elementary and secondary schools to recruit the 
        next generation of health professionals earlier in the pipeline 
        to a health care career.

SEC. 311. LOAN FORGIVENESS FOR MENTAL AND BEHAVIORAL HEALTH SOCIAL 
              WORKERS.

    Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) 
is amended by adding at the end the following new subsection:
    ``(q) Repayment Plan for Mental and Behavioral Health Social 
Workers.--
            ``(1) In general.--The Secretary shall cancel the balance 
        of interest and principal due on any eligible Federal Direct 
        Loan not in default for a borrower who--
                    ``(A) has made 120 monthly payments on the eligible 
                Federal Direct Loan after October 1, 2012, pursuant to 
                any one or a combination of the following--
                            ``(i) payments under an income-based 
                        repayment plan under section 493C;
                            ``(ii) payments under a standard repayment 
                        plan under subsection (d)(1)(A), based on a 10-
                        year repayment period;
                            ``(iii) monthly payments under a repayment 
                        plan under subsection (d)(1) or (g) of not less 
                        than the monthly amount calculated under 
                        subsection (d)(1)(A), based on a 10-year 
                        repayment period; or
                            ``(iv) payments under an income contingent 
                        repayment plan under subsection (d)(1)(D); and
                    ``(B)(i) is employed as a mental health or 
                behavioral health social worker, as defined by the 
                Secretary by regulation, at the time of such 
                forgiveness; and
                    ``(ii) has been employed as such a mental health or 
                behavioral health social worker during the period in 
                which the borrower makes each of the 120 payments as 
                described in subparagraph (A).
            ``(2) Loan cancellation amount.--After the conclusion of 
        the employment period described in paragraph (1), the Secretary 
        shall cancel the obligation to repay the balance of principal 
        and interest due as of the time of such cancellation, on the 
        eligible Federal Direct Loans made to the borrower under this 
        part.
            ``(3) Definition of eligible federal direct loan.--In this 
        subsection, the term `eligible Federal Direct Loan' means a 
        Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal 
        Direct Unsubsidized Stafford Loan, or a Federal Direct 
        Consolidation Loan.''.

             TITLE IV--IMPROVEMENT OF HEALTH CARE SERVICES

                  Subtitle A--Health Empowerment Zones

SEC. 401. SHORT TITLE.

    This subtitle may be cited as the ``Health Empowerment Zone Act of 
2011''.

SEC. 402. FINDINGS.

    The Congress finds the following:
            (1) Numerous studies and reports, including the National 
        Healthcare Disparities Report and Unequal Treatment, the 2002 
        Institute of Medicine Report, document the extensiveness to 
        which health disparities exist across the country.
            (2) These studies have found that, on average, racial and 
        ethnic minorities are disproportionately afflicted with chronic 
        and acute conditions--such as cancer, diabetes, and 
        hypertension--and suffer worse health outcomes, worse health 
        status, and higher mortality rates than their White 
        counterparts.
            (3) Several recent studies also show that health 
        disparities are a function of not only access to health care, 
        but also the social determinants of health--including the 
        environment, the physical structure of communities, nutrition 
        and food options, educational attainment, employment, race, 
        ethnicity, geography, and language preference--that directly 
        and indirectly affect the health, health care, and wellness of 
        individuals and communities.
            (4) Integrally involving and fully supporting the 
        communities most affected by health inequities in the 
        assessment, planning, launch, and evaluation of health 
        disparity elimination efforts is among the leading 
        recommendations made to adequately address and ultimately 
        reduce health disparities.
            (5) Recommendations also include supporting the efforts of 
        community stakeholders from a broad crosssection--including, 
        but not limited to local businesses, local departments of 
        commerce, education, labor, urban planning, and transportation, 
        and community-based and other nonprofit organizations--to find 
        areas of common ground around health disparity elimination and 
        collaborate to improve the overall health and wellness of a 
        community and its residents.

SEC. 403. DESIGNATION OF HEALTH EMPOWERMENT ZONES.

    (a) In General.--At the request of an eligible community 
partnership, the Secretary may designate an eligible area as a health 
empowerment zone.
    (b) Eligibility Criteria.--
            (1) Eligible community partnership.--A community 
        partnership is eligible to submit a request under this section 
        if the partnership--
                    (A) demonstrates widespread public support from key 
                individuals and entities in the eligible area, 
                including State and local governments, nonprofit 
                organizations, and community and industry leaders, for 
                designation of the eligible area as a health 
                empowerment zone; and
                    (B) includes representatives of--
                            (i) a broad cross section of stakeholders 
                        and residents from communities in the eligible 
                        area experiencing disproportionate disparities 
                        in health status and health care; and
                            (ii) organizations, facilities, and 
                        institutions that have a history of working 
                        within and serving such communities.
            (2) Eligible area.--An area is eligible to be designated as 
        a health empowerment zone under this section if one or more 
        communities in the area experience disproportionate disparities 
        in health status and health care. In determining whether a 
        community experiences such disparities, the Secretary shall 
        consider the data collected by the Department of Health and 
        Human Services focusing on the following areas:
                    (A) Access to affordable high-quality health 
                services.
                    (B) Arthritis, osteoporosis, and chronic back 
                conditions.
                    (C) Cancer.
                    (D) Chronic kidney disease.
                    (E) Diabetes.
                    (F) Injury and violence prevention.
                    (G) Maternal, infant, and child health.
                    (H) Medical product safety.
                    (I) Mental health and mental disorders.
                    (J) Nutrition and overweight.
                    (K) Disability and secondary conditions.
                    (L) Educational and community-based health 
                programs.
                    (M) Environmental health.
                    (N) Family planning.
                    (O) Food safety.
                    (P) Health communication.
                    (Q) Health disease and stroke.
                    (R) HIV/AIDS.
                    (S) Immunization and infectious diseases.
                    (T) Occupational safety and health.
                    (U) Oral health.
                    (V) Physical activity and fitness.
                    (W) Public health infrastructure.
                    (X) Respiratory diseases.
                    (Y) Sexually transmitted diseases.
                    (Z) Substance abuse.
                    (AA) Tobacco use.
                    (BB) Vision and hearing.
                    (CC) The degree to which those who have 
                disabilities have access to health services, including 
                physical activity and fitness, including the ability to 
                physically access the locations where such services are 
                provided.
    (c) Procedure.--
            (1) Request.--A request under subsection (a) shall--
                    (A) describe the bounds of the area to be 
                designated as a health empowerment zone and the process 
                used to select those bounds;
                    (B) demonstrate that the partnership submitting the 
                request is an eligible community partnership described 
                in subsection (b)(1);
                    (C) demonstrate that the area is an eligible area 
                described in subsection (b)(2);
                    (D) include a comprehensive assessment of 
                disparities in health status and health care experience 
                by one or more communities in the area;
                    (E) set forth--
                            (i) a vision and a set of values for the 
                        area; and
                            (ii) a comprehensive and holistic set of 
                        goals to be achieved in the area through 
                        designation as a health empowerment zone; and
                    (F) include a strategic plan for achieving the 
                goals described in subparagraph (E)(ii).
            (2) Approval.--Not later than 60 days after the receipt of 
        a request for designation of an area as a health empowerment 
        zone under this section, the Secretary shall approve or 
        disapprove the request.
    (d) Minimum Number.--The Secretary--
            (1) shall designate not more than 110 health empowerment 
        zones under this section; and
            (2) shall designate at least one health empowerment zone in 
        each of the several States, the District of Columbia, and each 
        territory or possession of the United States.

SEC. 404. ASSISTANCE TO THOSE SEEKING DESIGNATION.

    At the request of any organization or entity seeking to submit a 
request under section 403(a), the Secretary shall provide technical 
assistance, and may award a grant, to assist such organization or 
entity--
            (1) to form an eligible community partnership described in 
        section 403(b)(1);
            (2) to complete a health assessment, including an 
        assessment of health disparities under section 403(c)(1)(D); or
            (3) to prepare and submit a request, including a strategic 
        plan, in accordance with section 403.

SEC. 405. BENEFITS OF DESIGNATION.

    (a) Priority.--In awarding any competitive grant, a Federal 
official shall give priority to any applicant that--
            (1) meets the eligibility criteria for the grant;
            (2) proposes to use the grant for activities in a health 
        empowerment zone; and
            (3) demonstrates that such activities will directly and 
        significantly further the goals of the strategic plan approved 
        for such zone under section 403.
    (b) Grants for Initial Implementation of Strategic Plan.--
            (1) In general.--Upon designating an eligible area as a 
        health empowerment zone at the request of an eligible community 
        partnership, the Secretary shall, subject to the availability 
        of appropriations, make a grant to the community partnership 
        for implementation of the strategic plan for such zone.
            (2) Grant period.--A grant under paragraph (1) for a health 
        empowerment zone shall be for a period of 2 years and may be 
        renewed, except that the total period of grants under paragraph 
        (1) for such zone may not exceed 10 years.
            (3) Limitation.--In awarding grants under this subsection, 
        the Secretary shall not give less priority to an applicant or 
        reduce the amount of a grant because the Secretary rendered 
        technical assistance or made a grant to the same applicant 
        under section 404.
            (4) Reporting.--The Secretary shall require each recipient 
        of a grant under this subsection to report to the Secretary not 
        less than every 6 months on the progress in implementing the 
        strategic plan for the health empowerment zone.

SEC. 406. DEFINITION.

    In this subtitle, the term ``Secretary'' means the Secretary of 
Health and Human Services, acting through the Administrator of the 
Health Resources and Services Administration and the Deputy Assistant 
Secretary for Minority Health, and in cooperation with the Director of 
the Office of Community Services and the Director of the National 
Institute for Minority Health and Health Disparities.

SEC. 407. AUTHORIZATION OF APPROPRIATIONS.

    To carry out this subtitle, there is authorized to be appropriated 
$100,000,000 for fiscal year 2012.

         Subtitle B--Other Improvements of Health Care Services

                    CHAPTER 1--EXPANSION OF COVERAGE

SEC. 411. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.

    Title XXXIV of the Public Health Service Act, as amended by titles 
I, II, III, and IX of this Act, is further amended by inserting after 
subtitle C the following:

 ``Subtitle D--Reconstruction and Improvement Grants for Public Health 
    Care Facilities Serving Pacific Islanders and the Insular Areas

``SEC. 3451. GRANT SUPPORT FOR QUALITY IMPROVEMENT INITIATIVES.

    ``(a) In General.--The Secretary, in collaboration with the 
Administrator of the Health Resources and Services Administration, the 
Director of the Agency for Healthcare Research and Quality, and the 
Administrator of the Centers for Medicare & Medicaid Services, shall 
award grants to eligible entities for the conduct of demonstration 
projects to improve the quality of and access to health care.
    ``(b) Eligibility.--To be eligible to receive a grant under 
subsection (a), an entity shall--
            ``(1) be a health center, hospital, health plan, health 
        system, community clinic. or other health entity determined 
        appropriate by the Secretary--
                    ``(A) that, by legal mandate or explicitly adopted 
                mission, provides patients with access to services 
                regardless of their ability to pay;
                    ``(B) that provides care or treatment for a 
                substantial number of patients who are uninsured, are 
                receiving assistance under a State program under title 
                XIX of the Social Security Act, or are members of 
                vulnerable populations, as determined by the Secretary; 
                and
                    ``(C)(i) with respect to which, not less than 50 
                percent of the entity's patient population is made up 
                of racial and ethnic minorities; or
                    ``(ii) that--
                            ``(I) serves a disproportionate percentage 
                        of local, minority racial and ethnic patients, 
                        or that has a patient population, at least 50 
                        percent of which is limited-English proficient; 
                        and
                            ``(II) provides an assurance that amounts 
                        received under the grant will be used only to 
                        support quality improvement activities in the 
                        racial and ethnic population served; and
            ``(2) prepare and submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require.
    ``(c) Priority.--In awarding grants under subsection (a), the 
Secretary shall give priority to applicants under subsection (b)(2) 
that--
            ``(1) demonstrate an intent to operate as part of a health 
        care partnership, network, collaborative, coalition, or 
        alliance where each member entity contributes to the design, 
        implementation, and evaluation of the proposed intervention; or
            ``(2) intend to use funds to carry out systemwide changes 
        with respect to health care quality improvement, including--
                    ``(A) improved systems for data collection and 
                reporting;
                    ``(B) innovative collaborative or similar 
                processes;
                    ``(C) group programs with behavioral or self-
                management interventions;
                    ``(D) case management services;
                    ``(E) physician or patient reminder systems;
                    ``(F) educational interventions; or
                    ``(G) other activities determined appropriate by 
                the Secretary.
    ``(d) Use of Funds.--An entity shall use amounts received under a 
grant under subsection (a) to support the implementation and evaluation 
of health care quality improvement activities or minority health and 
health care disparity reduction activities that include--
            ``(1) with respect to health care systems, activities 
        relating to improving--
                    ``(A) patient safety;
                    ``(B) timeliness of care;
                    ``(C) effectiveness of care;
                    ``(D) efficiency of care;
                    ``(E) patient centeredness; and
                    ``(F) health information technology; and
            ``(2) with respect to patients, activities relating to--
                    ``(A) staying healthy;
                    ``(B) getting well;
                    ``(C) living with illness or disability; and
                    ``(D) coping with end-of-life issues.
    ``(e) Common Data Systems.--The Secretary shall provide financial 
and other technical assistance to grantees under this section for the 
development of common data systems.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2010 through 2015.

``SEC. 3452. CENTERS OF EXCELLENCE.

    ``(a) In General.--The Secretary, acting through the Administrator 
of the Health Resources and Services Administration, shall designate 
centers of excellence at public hospitals, and other health systems 
serving large numbers of minority patients, that--
            ``(1) meet the requirements of section 3451(b)(1);
            ``(2) demonstrate excellence in providing care to minority 
        populations; and
            ``(3) demonstrate excellence in reducing disparities in 
        health and health care.
    ``(b) Requirements.--A hospital or health system that serves as a 
Center of Excellence under subsection (a) shall--
            ``(1) design, implement, and evaluate programs and policies 
        relating to the delivery of care in racially, ethnically, and 
        linguistically diverse populations;
            ``(2) provide training and technical assistance to other 
        hospitals and health systems relating to the provision of 
        quality health care to minority populations; and
            ``(3) develop activities for graduate or continuing medical 
        education that institutionalize a focus on cultural competence 
        training for health care providers.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2010 through 2015.

``SEC. 3453. RECONSTRUCTION AND IMPROVEMENT GRANTS FOR PUBLIC HEALTH 
              CARE FACILITIES SERVING PACIFIC ISLANDERS AND THE INSULAR 
              AREAS.

    ``(a) In General.--The Secretary shall provide direct financial 
assistance to designated health care providers and community health 
centers in American Samoa, Guam, the Commonwealth of the Northern 
Mariana Islands, the United States Virgin Islands, Puerto Rico, and 
Hawaii for the purposes of reconstructing and improving health care 
facilities and services.
    ``(b) Eligibility.--To be eligible to receive direct financial 
assistance under subsection (a), an entity shall be a public health 
facility or community health center located in American Samoa, Guam, 
the Commonwealth of the Northern Mariana Islands, the United States 
Virgin Islands, Puerto Rico, or Hawaii that--
            ``(1) is owned or operated by--
                    ``(A) the Government of American Samoa, Guam, the 
                Commonwealth of the Northern Mariana Islands, the 
                United States Virgin Islands, Puerto Rico, or Hawaii or 
                a unit of local government; or
                    ``(B) a nonprofit organization; and
            ``(2)(A) provides care or treatment for a substantial 
        number of patients who are uninsured, receiving assistance 
        under a State program under a title XVIII of the Social 
        Security Act, or a State program under title XIX of such Act, 
        or who are members of a vulnerable population, as determined by 
        the Secretary; or
            ``(B) serves a disproportionate percentage of local, 
        minority racial and ethnic patients.
    ``(c) Report.--Not later than 180 days after the date of enactment 
of this title and annually thereafter, the Secretary shall submit to 
the Congress and the President a report that includes an assessment of 
health resources and facilities serving populations in American Samoa, 
Guam, the Commonwealth of the Northern Mariana Islands, the United 
States Virgin Islands, Puerto Rico, and Hawaii. In preparing such 
report, the Secretary shall--
            ``(1) consult with and obtain information on all health 
        care facilities needs from the entities described in subsection 
        (b);
            ``(2) include all amounts of Federal assistance received by 
        each entity in the preceding fiscal year;
            ``(3) review the total unmet needs of each jurisdiction for 
        health care facilities, including needs for renovation and 
        expansion of existing facilities; and
            ``(4) include a strategic plan for addressing the needs of 
        each jurisdiction identified in the report.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as necessary to carry out this section.''.

SEC. 412. REMOVING BARRIERS TO UNSUBSIDIZED PURCHASE OF PRIVATE 
              INSURANCE IN AMERICAN HEALTH BENEFIT EXCHANGES.

    (a) In General.--Section 1312(f) of the Patient Protection and 
Affordable Care Act (42 U.S.C.18032(f)) is amended--
            (1) in the subsection heading, by striking the semicolon 
        and all that follows through ``Residents''; and
            (2) by striking paragraph (3).
    (b) Conforming Amendment.--Section 1411(a)(1) of such Act (42 
U.S.C. 18081(a)(1)) is amended by striking ``1312(f)(3),''.

SEC. 413. STUDY ON THE UNINSURED.

    (a) In General.--The Secretary of Health and Human Services shall--
            (1) conduct a study on the demographic characteristics of 
        the population of individuals who do not have health insurance 
        coverage; and
            (2) predict, based on such study, the demographic 
        characteristics of the population of individuals who will not 
        have health insurance coverage after January 1, 2014.
    (b) Reporting Requirements.--
            (1) In general.--Not later than 12 months after the date of 
        the enactment of this Act, the Secretary shall submit to the 
        Congress the results of the study under subsection (a)(1) and 
        the prediction made under subsection (a)(2).
            (2) Reporting of demographic characteristics.--The 
        Secretary shall report the demographic characteristics under 
        paragraphs (1) and (2) of subsection (a) on the basis of racial 
        and ethnic group, and shall stratify the reporting on each 
        racial and ethnic group by other demographic characteristics 
        that can impact access to health insurance coverage, such as 
        sexual orientation, gender identity, primary language, 
        disability status, sex, socioeconomic status, and citizenship 
        and immigration status, in a manner consistent with title I of 
        this Act.

SEC. 414. MEDICAID PAYMENT PARITY FOR THE TERRITORIES.

    (a) Elimination of Funding Limitations for Puerto Rico, the United 
States Virgin Islands, Guam, the Commonwealth of the Northern Mariana 
Islands, and American Samoa.--
            (1) In general.--Section 1108 of the Social Security Act 
        (42 U.S.C. 1308) is amended--
                    (A) in subsection (f), in the matter before 
                paragraph (1), by striking ``subsection (g)'' and 
                inserting ``subsections (g) and (h)'';
                    (B) in subsection (g)(2), in the matter before 
                subparagraph (A), by inserting ``and subsection (h)'' 
                after ``paragraphs (3) and (5)''; and
                    (C) by adding at the end the following new 
                subsection:
    ``(h) Sunset of Funding Limitations for Puerto Rico, the United 
States Virgin Islands, Guam, the Commonwealth of the Northern Mariana 
Islands, and American Samoa.--Subsections (f) and (g) shall not apply 
to Puerto Rico, the United States Virgin Islands, Guam, the 
Commonwealth of the Northern Mariana Islands, and American Samoa for 
any fiscal year after fiscal year 2011.''.
            (2) Conforming amendment.--Section 1903(u) of such Act (42 
        U.S.C. 1396c(u)) is amended by striking paragraph (4).
            (3) Effective date.--The amendments made by this subsection 
        shall apply beginning with fiscal year 2012.
    (b) Parity in FMAP.--
            (1) In general.--Section 1905(b)(2) of such Act (42 U.S.C. 
        1396d(b)(2)) is amended by inserting after ``50 per centum'' 
        the following: ``(except that, beginning with fiscal year 2014, 
        the Federal medical assistance percentage for Puerto Rico, the 
        United States Virgin Islands, Guam, the Commonwealth of the 
        Northern Mariana Islands, and American Samoa shall be the 
        Federal medical assistance percentage determined by the 
        Secretary in consultation (for the United States Virgin 
        Islands, Guam, the Commonwealth of the Northern Mariana 
        Islands, and American Samoa) with the Secretary of the 
        Interior)''.
            (2) 2-fiscal-year transition.--Notwithstanding any other 
        provision of law, during fiscal years 2012 and 2013, the 
        Federal medical assistance percentage established under section 
        1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) for 
        Puerto Rico, the United States Virgin Islands, Guam, the 
        Commonwealth of the Northern Mariana Islands, and American 
        Samoa shall be the highest such Federal medical assistance 
        percentage applicable to any of the 50 States or the District 
        of Columbia for the fiscal year involved, taking into account 
        the application of subsections (a) and (b)(1) of 5001 of 
        division B of the American Recovery and Reinvestment Act of 
        2009 (Public Law 111-5) to such States and District of Columbia 
        for calendar quarters during such fiscal years for which such 
        subsections apply respectively.
            (3) Per capita income data.--
                    (A) Report to congress.--Not later than October 1, 
                2012, the Secretary of Health and Human Services shall 
                submit to Congress a report that describes the per 
                capita income data used to promulgate the Federal 
                medical assistance percentage in the territories and 
                how such data differ from the per capita income data 
                used to promulgate Federal medical assistance 
                percentages for the 50 States and the District of 
                Columbia. The report should include recommendations on 
                how the Federal medical assistance percentages can be 
                calculated for the territories to ensure parity with 
                the 50 States and the District of Columbia.
                    (B) Application.--Section 1101(a)(8)(B) of the 
                Social Security Act (42 U.S.C. 1308(a)(8)(B)) is 
                amended--
                            (i) by striking ``(other than Puerto Rico, 
                        the United States Virgin Islands, and Guam)'' 
                        and inserting ``(including Puerto Rico, the 
                        United States Virgin Islands, Guam, the 
                        Commonwealth of the Northern Mariana Islands, 
                        and American Samoa)''; and
                            (ii) by inserting ``(or, if such 
                        satisfactory data are not available in the case 
                        of the Virgin Islands, Guam, the Northern 
                        Mariana Islands, or American Samoa, 
                        satisfactory data available from the Department 
                        of the Interior for the same period, or if such 
                        satisfactory data are not available in the case 
                        of Puerto Rico, satisfactory data available 
                        from the government of the Commonwealth of 
                        Puerto Rico for the same period)'' after 
                        ``Department of Commerce''.
            (4) Relation to american recovery and reinvestment act of 
        2009.--For any period and territory in which the provisions of 
        this subsection apply to a territory, the provisions of section 
        5001(b)(2) of division B of the American Recovery and 
        Reinvestment Act of 2009 (Public Law 111-5) shall not apply 
        (except as otherwise specifically provided in paragraph (2)).

SEC. 415. CLARIFICATION OF MEDICAID COVERAGE FOR CITIZENS OF FREELY 
              ASSOCIATED STATES.

    (a) In General.--Section 402(b)(2) of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) 
is amended by adding at the end the following:
                    ``(G) Medicaid exception for citizens of freely 
                associated states.--With respect to eligibility for 
                benefits for the program defined in paragraph (3)(C) 
                (relating to the Medicaid program), paragraph (1) shall 
                not apply to any individual who lawfully resides in the 
                United States (including territories and possessions of 
                the United States) in accordance with the Compacts of 
                Free Association between the Government of the United 
                States and the Governments of the Federated States of 
                Micronesia, the Republic of the Marshall Islands, and 
                the Republic of Palau.''.
    (b) Conforming Definition of Qualified Alien.--Section 431(b) of 
such Act (8 U.S.C. 1641(b)) is amended--
            (1) in paragraph (6), by striking ``or'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(8) an individual who lawfully resides in the United 
        States (including territories and possessions of the United 
        States) in accordance with a Compact of Free Association 
        referred to in section 402(b)(2)(G), but only with respect to 
        the program defined in section 402(b)(3)(C) (relating to the 
        Medicaid program).''.
    (c) Setting FMAP at 100 Percent.--The third sentence of section 
1905(b) of the Social Security Act (42 U.S.C. 1396d(b)) is amended by 
inserting before the period at the end the following: ``; with respect 
to medical assistance for individuals described in section 402(b)(2)(G) 
of the Personal Responsibility and Work Opportunity Reconciliation Act 
of 1996''.
    (d) Effective Date.--The amendments made by this Act take effect on 
October 1, 2011, and apply to benefits and assistance provided on or 
after that date.

SEC. 416. EXTENSION OF MEDICARE SECONDARY PAYER.

    (a) In General.--Section 1862(b)(1)(C) of the Social Security Act 
(42 U.S.C. 1395y(b)(1)(C)) is amended--
            (1) in the last sentence, by inserting ``, and before 
        January 1, 2012'' after ``prior to such date)''; and
            (2) by adding at the end the following new sentence: 
        ``Effective for items and services furnished on or after 
        January 1, 2012 (with respect to periods beginning on or after 
        the date that is 42 months prior to such date), clauses (i) and 
        (ii) shall be applied by substituting `42-month' for `12-month' 
        each place it appears in the first sentence.''.
    (b) Effective Date.--The amendments made by this subsection shall 
take effect on the date of enactment of this Act. For purposes of 
determining an individual's status under section 1862(b)(1)(C) of the 
Social Security Act (42 U.S.C. 1395y(b)(1)(C)), as amended by paragraph 
(1), an individual who is within the coordinating period as of the date 
of enactment of this Act shall have that period extended to the full 42 
months described in the last sentence of such section, as added by the 
amendment made by paragraph (1)(B).

SEC. 417. BORDER HEALTH GRANTS.

    (a) Eligible Entity Defined.--In this section, the term ``eligible 
entity'' means a State, public institution of higher education, local 
government, tribal government, nonprofit health organization, community 
health center, or community clinic receiving assistance under section 
330 of the Public Health Service Act (42 U.S.C. 254b), that is located 
in the border area.
    (b) Authorization.--From funds appropriated under subsection (f), 
the Secretary of Health and Human Services (in this section referred to 
as the ``Secretary''), acting through the United States members of the 
United States-Mexico Border Health Commission, shall award grants to 
eligible entities to address priorities and recommendations to improve 
the health of border area residents that are established by--
            (1) the United States members of the United States-Mexico 
        Border Health Commission;
            (2) the State border health offices; and
            (3) the Secretary.
    (c) Application.--An eligible entity that desires a grant under 
subsection (b) shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the Secretary 
may require.
    (d) Use of Funds.--An eligible entity that receives a grant under 
subsection (b) shall use the grant funds for--
            (1) programs relating to--
                    (A) maternal and child health;
                    (B) primary care and preventative health;
                    (C) public health and public health infrastructure;
                    (D) health education and promotion;
                    (E) oral health;
                    (F) mental and behavioral health;
                    (G) substance abuse;
                    (H) health conditions that have a high prevalence 
                in the border area;
                    (I) medical and health services research;
                    (J) workforce training and development;
                    (K) community health workers or promotoras;
                    (L) health care infrastructure problems in the 
                border area (including planning and construction 
                grants);
                    (M) health disparities in the border area;
                    (N) environmental health; and
                    (O) outreach and enrollment services with respect 
                to Federal programs (including programs authorized 
                under titles XIX and XXI of the Social Security Act (42 
                U.S.C. 1396 and 1397aa)); and
            (2) other programs determined appropriate by the Secretary.
    (e) Supplement, Not Supplant.--Amounts provided to an eligible 
entity awarded a grant under subsection (b) shall be used to supplement 
and not supplant other funds available to the eligible entity to carry 
out the activities described in subsection (d).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $200,000,000 for fiscal year 
2012, and such sums as may be necessary for each succeeding fiscal 
year.

SEC. 418. REMOVING MEDICARE BARRIER TO HEALTH CARE.

    Section 1818(a)(3) of the Social Security Act (42 U.S.C. 1395i-
2(a)(3)) is amended by amending subparagraph (B) to read as follows: 
``(B) an individual who is lawfully present in the United States''.

SEC. 419. 100 PERCENT FMAP FOR MEDICAL ASSISTANCE PROVIDED BY URBAN 
              INDIAN HEALTH CENTERS.

    (a) In General.--Section 1905(b) of the Social Security Act (42 
U.S.C. 1396(b)), as amended by section 415(c), is amended by inserting 
``or are received through a program operated by an urban Indian 
organization through a grant or contract under title V of such Act''.
    (b) Effective Date.--The amendment made by this section shall apply 
to medical assistance provided on or after the date of enactment of 
this Act.

SEC. 420. 100 PERCENT FMAP FOR MEDICAL ASSISTANCE PROVIDED TO A NATIVE 
              HAWAIIAN THROUGH A FEDERALLY QUALIFIED HEALTH CENTER OR A 
              NATIVE HAWAIIAN HEALTH CARE SYSTEM UNDER THE MEDICAID 
              PROGRAM.

    (a) In General.--The third sentence of section 1905(b) of the 
Social Security Act (42 U.S.C. 1396d(b)), as amended by section 419, is 
amended by inserting ``; and, with respect to medical assistance 
provided to a Native Hawaiian (as defined in section 12(2) of the 
Native Hawaiian Health Care Improvement Act) through a federally 
qualified health center or a Native Hawaiian health care system (as 
defined in section 12(6) of such Act), whether directly, by referral, 
or under contract or other arrangement between such federally qualified 
health center or Native Hawaiian health care system and another health 
care provider'' before the period.
    (b) Effective Date.--The amendment made by this section shall apply 
to medical assistance provided on or after the date of enactment of 
this Act.

                     CHAPTER 2--EXPANSION OF ACCESS

SEC. 421. GRANTS FOR RACIAL AND ETHNIC APPROACHES TO COMMUNITY HEALTH.

    (a) Purpose.--It is the purpose of this section to provide for the 
awarding of grants to assist communities in mobilizing and organizing 
resources in support of effective and sustainable programs that will 
reduce or eliminate disparities in health and health care experienced 
by racial and ethnic minority individuals.
    (b) Authority To Award Grants.--The Secretary, acting through the 
Centers for Disease Control and Prevention, shall award grants to 
eligible entities to assist in designing, implementing, and evaluating 
culturally and linguistically appropriate, science-based, and 
community-driven sustainable strategies to eliminate racial and ethnic 
health and health care disparities.
    (c) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall--
            (1) represent a coalition--
                    (A) whose principal purpose is to develop and 
                implement interventions to reduce or eliminate a health 
                or health care disparity in a targeted racial or ethnic 
                minority group in the community served by the 
                coalition; and
                    (B) that includes--
                            (i) members selected from among--
                                    (I) public health departments;
                                    (II) community-based organizations;
                                    (III) university and research 
                                organizations;
                                    (IV) American Indian tribal 
                                organizations, national American Indian 
                                organizations, Indian Health Service, 
                                or organizations serving Alaska 
                                Natives; and
                                    (V) interested public or private 
                                health care providers or organizations 
                                as deemed appropriate by the Secretary; 
                                and
                            (ii) at least 1 member from a community-
                        based organization that represents the targeted 
                        racial or ethnic minority group; and
            (2) submit to the Secretary an application at such time, in 
        such manner, and containing such information as the Secretary 
        may require, which shall include--
                    (A) a description of the targeted racial or ethnic 
                populations in the community to be served under the 
                grant;
                    (B) a description of at least 1 health disparity 
                that exists in the racial or ethnic targeted 
                populations, including health issues such as infant 
                mortality, breast and cervical cancer screening and 
                management, cardiovascular disease, diabetes, child and 
                adult immunization levels, or other health priority 
                areas as designated by the Secretary; and
                    (C) a demonstration of a proven record of 
                accomplishment of the coalition members in serving and 
                working with the targeted community.
    (d) Sustainability.--The Secretary shall give priority to an 
eligible entity under this section if the entity agrees that, with 
respect to the costs to be incurred by the entity in carrying out the 
activities for which the grant was awarded, the entity (and each of the 
participating partners in the coalition represented by the entity) will 
maintain its expenditures of non-Federal funds for such activities at a 
level that is not less than the level of such expenditures during the 
fiscal year immediately preceding the first fiscal year for which the 
grant is awarded.
    (e) Nonduplication.--Funds provided through this grant program 
should supplement, not supplant, existing Federal funding, and the 
funds should not be used to duplicate the activities of the other 
health disparity grant programs in this Act.
    (f) Technical Assistance.--The Secretary may, either directly or by 
grant or contract, provide any entity that receives a grant under this 
section with technical and other nonfinancial assistance necessary to 
meet the requirements of this section.
    (g) Dissemination.--The Secretary shall encourage and enable 
grantees to share best practices, evaluation results, and reports with 
communities not affiliated with grantees using the Internet, 
conferences, and other pertinent information regarding the projects 
funded by this section, including the outreach efforts of the Office of 
Minority Health and Health Disparity Elimination and the Centers for 
Disease Control and Prevention.
    (h) Administrative Burdens.--The Secretary shall make every effort 
to minimize duplicative or unnecessary administrative burdens on 
grantees.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 422. CRITICAL ACCESS HOSPITAL IMPROVEMENTS.

    (a) Elimination of Isolation Test for Cost-based Ambulance 
Reimbursement.--
            (1) In general.--Section 1834(l)(8) of the Social Security 
        Act (42 U.S.C. 1395m(l)(8)) is amended--
                    (A) in subparagraph (B)--
                            (i) by striking ``owned and''; and
                            (ii) by inserting ``(including when such 
                        services are provided by the entity under an 
                        arrangement with the hospital)'' after 
                        ``hospital''; and
                    (B) by striking the comma at the end of 
                subparagraph (B) and all that follows and inserting a 
                period.
            (2) Effective date.--The amendments made by this subsection 
        shall apply to services furnished on or after January 1, 2012.
    (b) Provision of a More Flexible Alternative to the CAH Designation 
25 Inpatient Bed Limit Requirement.--
            (1) In general.--Section 1820(c)(2) of the Social Security 
        Act (42 U.S.C. 1395i-4(c)(2)) is amended--
                    (A) in subparagraph (B)(iii), by striking 
                ``provides not more than'' and inserting ``subject to 
                subparagraph (F), provides not more than''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(F) Alternative to 25 inpatient bed limit 
                requirement.--
                            ``(i) In general.--A State may elect to 
                        treat a facility, with respect to the 
                        designation of the facility for a cost 
                        reporting period, as satisfying the requirement 
                        of subparagraph (B)(iii) relating to a maximum 
                        number of acute care inpatient beds if the 
                        facility elects, in accordance with a method 
                        specified by the Secretary and before the 
                        beginning of the cost reporting period, to meet 
                        the requirement under clause (ii).
                            ``(ii) Alternate requirement.--The 
                        requirement under this clause, with respect to 
                        a facility and a cost reporting period, is that 
                        the total number of inpatient bed days 
                        described in subparagraph (B)(iii) during such 
                        period will not exceed 7,300. For purposes of 
                        this subparagraph, an individual who is an 
                        inpatient in a bed in the facility for a single 
                        day shall be counted as one inpatient bed day.
                            ``(iii) Withdrawal of election.--The option 
                        described in clause (i) shall not apply to a 
                        facility for a cost reporting period if the 
                        facility (for any two consecutive cost-
                        reporting periods during the previous 5 cost-
                        reporting periods) was treated under such 
                        option and had a total number of inpatient bed 
                        days for each of such two cost-reporting 
                        periods that exceeded the number specified in 
                        such clause.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to cost-reporting periods beginning on or after the 
        date of the enactment of this Act.

SEC. 423. ESTABLISHMENT OF RURAL COMMUNITY HOSPITAL (RCH) PROGRAM.

    (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 
1395x), as amended by section 203(b)(1)(A), is amended by adding at the 
end of the following new subsection:

     ``Rural Community Hospital; Rural Community Hospital Services

    ``(jjj)(1) The term `rural community hospital' means a hospital (as 
defined in subsection (e)) that--
            ``(A) is located in a rural area (as defined in section 
        1886(d)(2)(D)) or treated as being so located pursuant to 
        section 1886(d)(8)(E);
            ``(B) subject to paragraph (2), has less than 51 acute care 
        inpatient beds, as reported in its most recent cost report;
            ``(C) makes available 24-hour emergency care services;
            ``(D) subject to paragraph (3), has a provider agreement in 
        effect with the Secretary and is open to the public as of 
        January 1, 2010; and
            ``(E) applies to the Secretary for such designation.
    ``(2) For purposes of paragraph (1)(B), beds in a psychiatric or 
rehabilitation unit of the hospital which is a distinct part of the 
hospital shall not be counted.
    ``(3) Paragraph (1)(D) shall not be construed to prohibit any of 
the following from qualifying as a rural community hospital:
            ``(A) A replacement facility (as defined by the Secretary 
        in regulations in effect on January 1, 2012) with the same 
        service area (as defined by the Secretary in regulations in 
        effect on such date).
            ``(B) A facility obtaining a new provider number pursuant 
        to a change of ownership.
            ``(C) A facility which has a binding written agreement with 
        an outside, unrelated party for the construction, 
        reconstruction, lease, rental, or financing of a building as of 
        January 1, 2012.
    ``(4) Nothing in this subsection shall be construed as prohibiting 
a critical access hospital from qualifying as a rural community 
hospital if the critical access hospital meets the conditions otherwise 
applicable to hospitals under subsection (e) and section 1866.
    ``(5) Nothing in this subsection shall be construed as prohibiting 
a rural community hospital participating in the demonstration program 
under section 410A of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2313) from 
qualifying as a rural community hospital if the rural community 
hospital meets the conditions otherwise applicable to hospitals under 
subsection (e) and section 1866.''.
    (b) Payment.--
            (1) Inpatient hospital services.--Section 1814 of the 
        Social Security Act (42 U.S.C. 1395f) is amended by adding at 
        the end the following new subsection:

``Payment for Inpatient Services Furnished in Rural Community Hospitals

    ``(m) The amount of payment under this part for inpatient hospital 
services furnished in a rural community hospital, other than such 
services furnished in a psychiatric or rehabilitation unit of the 
hospital which is a distinct part, is, at the election of the hospital 
in the application referred to in section 1861(jjj)(1)(E)--
            ``(1) 101 percent of the reasonable costs of providing such 
        services, without regard to the amount of the customary or 
        other charge, or
            ``(2) the amount of payment provided for under the 
        prospective payment system for inpatient hospital services 
        under section 1886(d).''.
            (2) Outpatient services.--Section 1834 of such Act (42 
        U.S.C. 1395m) is amended by adding at the end the following new 
        subsection:
    ``(p) Payment for Outpatient Services Furnished in Rural Community 
Hospitals.--The amount of payment under this part for outpatient 
services furnished in a rural community hospital is, at the election of 
the hospital in the application referred to in section 
1861(jjj)(1)(E)--
            ``(1) 101 percent of the reasonable costs of providing such 
        services, without regard to the amount of the customary or 
        other charge and any limitation under section 1861(v)(1)(U), or
            ``(2) the amount of payment provided for under the 
        prospective payment system for covered OPD services under 
        section 1833(t).''.
            (3) Exemption from 30-percent reduction in reimbursement 
        for bad debt.--Section 1861(v)(1)(T) of such Act (42 U.S.C. 
        1395x(v)(1)(T)) is amended by inserting ``(other than for a 
        rural community hospital)'' after ``In determining such 
        reasonable costs for hospitals''.
    (c) Beneficiary Cost-Sharing for Outpatient Services.--Section 
1834(p) of such Act (as added by subsection (b)(2)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (2) by inserting ``(1)'' after ``(p)''; and
            (3) by adding at the end the following:
    ``(2) The amounts of beneficiary costsharing for outpatient 
services furnished in a rural community hospital under this part shall 
be as follows:
            ``(A) For items and services that would have been paid 
        under section 1833(t) if provided by a hospital, the amount of 
        costsharing determined under paragraph (8) of such section.
            ``(B) For items and services that would have been paid 
        under section 1833(h) if furnished by a provider or supplier, 
        no costsharing shall apply.
            ``(C) For all other items and services, the amount of 
        costsharing that would apply to the item or service under the 
        methodology that would be used to determine payment for such 
        item or service if provided by a physician, provider, or 
        supplier, as the case may be.''.
    (d) Conforming Amendments.--
            (1) Part a payment.--Section 1814(b) of such Act (42 U.S.C. 
        1395f(b)) is amended in the matter preceding paragraph (1) by 
        inserting ``other than inpatient hospital services furnished by 
        a rural community hospital,'' after ``critical access hospital 
        services,''.
            (2) Part b payment.--Section 1833(a) of such Act (42 U.S.C. 
        1395l(a)), as amended by section 203(b)(2), is amended--
                    (A) in paragraph (2), in the matter before 
                subparagraph (A), by striking ``and (I)'' and inserting 
                ``(I), and (K)'';
                    (B) by striking ``and'' at the end of paragraph 
                (9);
                    (C) by striking the period at the end of paragraph 
                (10) and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(11) in the case of outpatient services furnished by a 
        rural community hospital, the amounts described in section 
        1834(p).''.
            (3) Technical amendments.--
                    (A) Consultation with state agencies.--Section 1863 
                of such Act (42 U.S.C. 1395z) is amended by striking 
                ``and (dd)(2)'' and inserting ``(dd)(2), (mm)(1), and 
                (jjj)(1)''.
                    (B) Provider agreements.--Section 1866(a)(2)(A) of 
                such Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by 
                inserting ``section 1834(p)(2),'' after ``section 
                1833(b),''.
    (e) Effective Date.--The amendments made by this section shall 
apply to items and services furnished on or after October 1, 2011.

SEC. 424. MEDICARE REMOTE MONITORING PILOT PROJECTS.

    (a) Pilot Projects.--
            (1) In general.--Not later than 9 months after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services (in this section referred to as the ``Secretary'') 
        shall conduct pilot projects under title XVIII of the Social 
        Security Act for the purpose of providing incentives to home 
        health agencies to utilize home monitoring and communications 
        technologies that--
                    (A) enhance health outcomes for Medicare 
                beneficiaries; and
                    (B) reduce expenditures under such title.
            (2) Site requirements.--
                    (A) Urban and rural.--The Secretary shall conduct 
                the pilot projects under this section in both urban and 
                rural areas.
                    (B) Site in a small state.--The Secretary shall 
                conduct at least 3 of the pilot projects in a State 
                with a population of less than 1,000,000.
            (3) Definition of home health agency.--In this section, the 
        term ``home health agency'' has the meaning given that term in 
        section 1861(o) of the Social Security Act (42 U.S.C. 
        1395x(o)).
    (b) Medicare Beneficiaries Within the Scope of Projects.--The 
Secretary shall specify the criteria for identifying those Medicare 
beneficiaries who shall be considered within the scope of the pilot 
projects under this section for purposes of the application of 
subsection (c) and for the assessment of the effectiveness of the home 
health agency in achieving the objectives of this section. Such 
criteria may provide for the inclusion in the projects of Medicare 
beneficiaries who begin receiving home health services under title 
XVIII of the Social Security Act after the date of the implementation 
of the projects.
    (c) Incentives.--
            (1) Performance targets.--The Secretary shall establish for 
        each home health agency participating in a pilot project under 
        this section a performance target using one of the following 
        methodologies, as determined appropriate by the Secretary:
                    (A) Adjusted historical performance target.--The 
                Secretary shall establish for the agency--
                            (i) a base expenditure amount equal to the 
                        average total payments made to the agency under 
                        parts A and B of title XVIII of the Social 
                        Security Act for Medicare beneficiaries 
                        determined to be within the scope of the pilot 
                        project in a base period determined by the 
                        Secretary; and
                            (ii) an annual per capita expenditure 
                        target for such beneficiaries, reflecting the 
                        base expenditure amount adjusted for risk and 
                        adjusted growth rates.
                    (B) Comparative performance target.--The Secretary 
                shall establish for the agency a comparative 
                performance target equal to the average total payments 
                under such parts A and B during the pilot project for 
                comparable individuals in the same geographic area that 
                are not determined to be within the scope of the pilot 
                project.
            (2) Incentive.--Subject to paragraph (3), the Secretary 
        shall pay to each participating home care agency an incentive 
        payment for each year under the pilot project equal to a 
        portion of the Medicare savings realized for such year relative 
        to the performance target under paragraph (1).
            (3) Limitation on expenditures.--The Secretary shall limit 
        incentive payments under this section in order to ensure that 
        the aggregate expenditures under title XVIII of the Social 
        Security Act (including incentive payments under this 
        subsection) do not exceed the amount that the Secretary 
        estimates would have been expended if the pilot projects under 
        this section had not been implemented.
    (d) Waiver Authority.--The Secretary may waive such provisions of 
titles XI and XVIII of the Social Security Act as the Secretary 
determines to be appropriate for the conduct of the pilot projects 
under this section.
    (e) Report to Congress.--Not later than 5 years after the date that 
the first pilot project under this section is implemented, the 
Secretary shall submit to Congress a report on the pilot projects. Such 
report shall contain a detailed description of issues related to the 
expansion of the projects under subsection (f) and recommendations for 
such legislation and administrative actions as the Secretary considers 
appropriate.
    (f) Expansion.--If the Secretary determines that any of the pilot 
projects under this section enhance health outcomes for Medicare 
beneficiaries and reduce expenditures under title XVIII of the Social 
Security Act, the Secretary may initiate comparable projects in 
additional areas.
    (g) Incentive Payments Have No Effect on Other Medicare Payments to 
Agencies.--An incentive payment under this section--
            (1) shall be in addition to the payments that a home health 
        agency would otherwise receive under title XVIII of the Social 
        Security Act for the provision of home health services; and
            (2) shall have no effect on the amount of such payments.

SEC. 425. RURAL HEALTH QUALITY ADVISORY COMMISSION AND DEMONSTRATION 
              PROJECTS.

    (a) Rural Health Quality Advisory Commission.--
            (1) Establishment.--Not later than 6 months after the date 
        of the enactment of this section, the Secretary of Health and 
        Human Services (in this section referred to as the 
        ``Secretary'') shall establish a commission to be known as the 
        Rural Health Quality Advisory Commission (in this section 
        referred to as the ``Commission'').
            (2) Duties of commission.--
                    (A) National plan.--The Commission shall develop, 
                coordinate, and facilitate implementation of a national 
                plan for rural health quality improvement. The national 
                plan shall--
                            (i) identify objectives for rural health 
                        quality improvement;
                            (ii) identify strategies to eliminate known 
                        gaps in rural health system capacity and 
                        improve rural health quality; and
                            (iii) provide for Federal programs to 
                        identify opportunities for strengthening and 
                        aligning policies and programs to improve rural 
                        health quality.
                    (B) Demonstration projects.--The Commission shall 
                design demonstration projects to test alternative 
                models for rural health quality improvement, including 
                with respect to both personal and population health.
                    (C) Monitoring.--The Commission shall monitor 
                progress toward the objectives identified pursuant to 
                paragraph (1)(A).
            (3) Membership.--
                    (A) Number.--The Commission shall be composed of 11 
                members appointed by the Secretary.
                    (B) Selection.--The Secretary shall select the 
                members of the Commission from among individuals with 
                significant rural health care and health care quality 
                expertise, including expertise in clinical health care, 
                health care quality research, population or public 
                health, or purchaser organizations.
            (4) Contracting authority.--Subject to the availability of 
        funds, the Commission may enter into contracts and make other 
        arrangements, as may be necessary to carry out the duties 
        described in paragraph (2).
            (5) Staff.--Upon the request of the Commission, the 
        Secretary may detail, on a reimbursable basis, any of the 
        personnel of the Office of Rural Health Policy of the Health 
        Resources and Services Administration, the Agency for Health 
        care Quality and Research, or the Centers for Medicare & 
        Medicaid Services to the Commission to assist in carrying out 
        this subsection.
            (6) Reports to congress.--Not later than 1 year after the 
        establishment of the Commission, and annually thereafter, the 
        Commission shall submit a report to the Congress on rural 
        health quality. Each such report shall include the following:
                    (A) An inventory of relevant programs and 
                recommendations for improved coordination and 
                integration of policy and programs.
                    (B) An assessment of achievement of the objectives 
                identified in the national plan developed under 
                paragraph (2) and recommendations for realizing such 
                objectives.
                    (C) Recommendations on Federal legislation, 
                regulations, or administrative policies to enhance 
                rural health quality and outcomes.
    (b) Rural Health Quality Demonstration Projects.--
            (1) In general.--Not later than 270 days after the date of 
        the enactment of this section, the Secretary, in consultation 
        with the Rural Health Quality Advisory Commission, the Office 
        of Rural Health Policy of the Health Resources and Services 
        Administration, the Agency for Healthcare Research and Quality, 
        and the Centers for Medicare & Medicaid Services, shall make 
        grants to eligible entities for 5 demonstration projects to 
        implement and evaluate methods for improving the quality of 
        health care in rural communities. Each such demonstration 
        project shall include--
                    (A) alternative community models that--
                            (i) will achieve greater integration of 
                        personal and population health services; and
                            (ii) address safety, effectiveness, 
                        patient- or community-centeredness, timeliness, 
                        efficiency, and equity (the 6 aims identified 
                        by the Institute of Medicine of the National 
                        Academies in its report entitled ``Crossing the 
                        Quality Chasm: A New Health System for the 21st 
                        Century'' released on March 1, 2001);
                    (B) innovative approaches to the financing and 
                delivery of health services to achieve rural health 
                quality goals; and
                    (C) development of quality improvement support 
                structures to assist rural health systems and 
                professionals (such as workforce support structures, 
                quality monitoring and reporting, clinical care 
                protocols, and information technology applications).
            (2) Eligible entities.--In this subsection, the term 
        ``eligible entity'' means a consortium that--
                    (A) shall include--
                            (i) at least one health care provider or 
                        health care delivery system located in a rural 
                        area; and
                            (ii) at least one organization representing 
                        multiple community stakeholders; and
                    (B) may include other partners such as rural 
                research centers.
            (3) Consultation.--In developing the program for awarding 
        grants under this subsection, the Secretary shall consult with 
        the Administrator of the Agency for Healthcare Research and 
        Quality, rural health care providers, rural health care 
        researchers, and private and nonprofit groups (including 
        national associations) which are undertaking similar efforts.
            (4) Expedited waivers.--The Secretary shall expedite the 
        processing of any waiver that--
                    (A) is authorized under title XVIII or XIX of the 
                Social Security Act (42 U.S.C. 1395 et seq.); and
                    (B) is necessary to carry out a demonstration 
                project under this subsection.
            (5) Demonstration project sites.--The Secretary shall 
        ensure that the 5 demonstration projects funded under this 
        subsection are conducted at a variety of sites representing the 
        diversity of rural communities in the Nation.
            (6) Duration.--Each demonstration project under this 
        subsection shall be for a period of 4 years.
            (7) Independent evaluation.--The Secretary shall enter into 
        an arrangement with an entity that has experience working 
        directly with rural health systems for the conduct of an 
        independent evaluation of the program carried out under this 
        subsection.
            (8) Report.--Not later than 1 year after the conclusion of 
        all of the demonstration projects funded under this subsection, 
        the Secretary shall submit a report to the Congress on the 
        results of such projects. The report shall include--
                    (A) an evaluation of patient access to care, 
                patient outcomes, and an analysis of the cost 
                effectiveness of each such project; and
                    (B) recommendations on Federal legislation, 
                regulations, or administrative policies to enhance 
                rural health quality and outcomes.
    (c) Appropriation.--
            (1) In general.--Out of funds in the Treasury not otherwise 
        appropriated, there are appropriated to the Secretary to carry 
        out this section $30,000,000 for the period of fiscal years 
        2012 through 2016.
            (2) Availability.--
                    (A) In general.--Funds appropriated under paragraph 
                (1) shall remain available for expenditure through 
                fiscal year 2016.
                    (B) Report.--For purposes of carrying out 
                subsection (b)(8), funds appropriated under paragraph 
                (1) shall remain available for expenditure through 
                fiscal year 2017.
            (3) Reservation.--Of the amount appropriated under 
        paragraph (1), the Secretary shall reserve--
                    (A) $5,000,000 to carry out subsection (a); and
                    (B) $25,000,000 to carry out subsection (b), of 
                which--
                            (i) 2 percent shall be for the provision of 
                        technical assistance to grant recipients; and
                            (ii) 5 percent shall be for independent 
                        evaluation under subsection (b)(7).

SEC. 426. RURAL HEALTH CARE SERVICES.

    Section 330A of the Public Health Service Act (42 U.S.C. 254c) is 
amended to read as follows:

``SEC. 330A. RURAL HEALTH CARE SERVICES OUTREACH, RURAL HEALTH NETWORK 
              DEVELOPMENT, DELTA RURAL DISPARITIES AND HEALTH SYSTEMS 
              DEVELOPMENT, AND SMALL RURAL HEALTH CARE PROVIDER QUALITY 
              IMPROVEMENT GRANT PROGRAMS.

    ``(a) Purpose.--The purpose of this section is to provide for 
grants--
            ``(1) under subsection (b), to promote rural health care 
        services outreach;
            ``(2) under subsection (c), to provide for the planning and 
        implementation of integrated health care networks in rural 
        areas;
            ``(3) under subsection (d), to assist rural communities in 
        the Delta Region to reduce health disparities and to promote 
        and enhance health system development; and
            ``(4) under subsection (e), to provide for the planning and 
        implementation of small rural health care provider quality 
        improvement activities.
    ``(b) Rural Health Care Services Outreach Grants.--
            ``(1) Grants.--The Director of the Office of Rural Health 
        Policy of the Health Resources and Services Administration may 
        award grants to eligible entities to promote rural health care 
        services outreach by expanding the delivery of health care 
        services to include new and enhanced services in rural areas. 
        The Director may award the grants for periods of not more than 
        3 years.
            ``(2) Eligibility.--To be eligible to receive a grant under 
        this subsection for a project, an entity--
                    ``(A) shall be a rural public or rural nonprofit 
                private entity, a facility that qualifies as a rural 
                health clinic under title XVIII of the Social Security 
                Act, a public or nonprofit entity existing exclusively 
                to provide services to migrant and seasonal farm 
                workers in rural areas, or a tribal government whose 
                grant-funded activities will be conducted within 
                federally recognized tribal areas;
                    ``(B) shall represent a consortium composed of 
                members--
                            ``(i) that include 3 or more independently 
                        owned health care entities; and
                            ``(ii) that may be nonprofit or for-profit 
                        entities; and
                    ``(C) shall not previously have received a grant 
                under this subsection for the same or a similar 
                project, unless the entity is proposing to expand the 
                scope of the project or the area that will be served 
                through the project.
            ``(3) Applications.--To be eligible to receive a grant 
        under this subsection, an eligible entity shall prepare and 
        submit to the Director an application at such time, in such 
        manner, and containing such information as the Director may 
        require, including--
                    ``(A) a description of the project that the 
                eligible entity will carry out using the funds provided 
                under the grant;
                    ``(B) a description of the manner in which the 
                project funded under the grant will meet the health 
                care needs of rural populations in the local community 
                or region to be served;
                    ``(C) a plan for quantifying how health care needs 
                will be met through identification of the target 
                population and benchmarks of service delivery or health 
                status, such as--
                            ``(i) quantifiable measurements of health 
                        status improvement for projects focusing on 
                        health promotion; or
                            ``(ii) benchmarks of increased access to 
                        primary care, including tracking factors such 
                        as the number and type of primary care visits, 
                        identification of a medical home, or other 
                        general measures of such access;
                    ``(D) a description of how the local community or 
                region to be served will be involved in the development 
                and ongoing operations of the project;
                    ``(E) a plan for sustaining the project after 
                Federal support for the project has ended;
                    ``(F) a description of how the project will be 
                evaluated;
                    ``(G) the administrative capacity to submit annual 
                performance data electronically as specified by the 
                Director; and
                    ``(H) other such information as the Director 
                determines to be appropriate.
    ``(c) Rural Health Network Development Grants.--
            ``(1) Grants.--
                    ``(A) In general.--The Director may award rural 
                health network development grants to eligible entities 
                to promote, through planning and implementation, the 
                development of integrated health care networks that 
                have combined the functions of the entities 
                participating in the networks in order to--
                            ``(i) achieve efficiencies and economies of 
                        scale;
                            ``(ii) expand access to, coordinate, and 
                        improve the quality of the health care delivery 
                        system through development of organizational 
                        efficiencies;
                            ``(iii) implement health information 
                        technology to achieve efficiencies, reduce 
                        medical errors, and improve quality;
                            ``(iv) coordinate care and manage chronic 
                        illness; and
                            ``(v) strengthen the rural health care 
                        system as a whole in such a manner as to show a 
                        quantifiable return on investment to the 
                        participants in the network.
                    ``(B) Grant periods.--The Director may award such a 
                rural health network development grant--
                            ``(i) for a period of 3 years for 
                        implementation activities; or
                            ``(ii) for a period of 1 year for planning 
                        activities to assist in the initial development 
                        of an integrated health care network, if the 
                        proposed participants in the network do not 
                        have a history of collaborative efforts and a 
                        3-year grant would be inappropriate.
            ``(2) Eligibility.--To be eligible to receive a grant under 
        this subsection, an entity--
                    ``(A) shall be a rural public or rural nonprofit 
                private entity, a facility that qualifies as a rural 
                health clinic under title XVIII of the Social Security 
                Act, a public or nonprofit entity existing exclusively 
                to provide services to migrant and seasonal farm 
                workers in rural areas, or a tribal government whose 
                grant-funded activities will be conducted within 
                federally recognized tribal areas;
                    ``(B) shall represent a network composed of 
                participants--
                            ``(i) that include 3 or more independently 
                        owned health care entities; and
                            ``(ii) that may be nonprofit or for-profit 
                        entities; and
                    ``(C) shall not previously have received a grant 
                under this subsection (other than a 1-year grant for 
                planning activities) for the same or a similar project.
            ``(3) Applications.--To be eligible to receive a grant 
        under this subsection, an eligible entity, in consultation with 
        the appropriate State office of rural health or another 
        appropriate State entity, shall prepare and submit to the 
        Director an application at such time, in such manner, and 
        containing such information as the Director may require, 
        including--
                    ``(A) a description of the project that the 
                eligible entity will carry out using the funds provided 
                under the grant;
                    ``(B) an explanation of the reasons why Federal 
                assistance is required to carry out the project;
                    ``(C) a description of--
                            ``(i) the history of collaborative 
                        activities carried out by the participants in 
                        the network;
                            ``(ii) the degree to which the participants 
                        are ready to integrate their functions; and
                            ``(iii) how the local community or region 
                        to be served will benefit from and be involved 
                        in the activities carried out by the network;
                    ``(D) a description of how the local community or 
                region to be served will experience increased access to 
                quality health care services across the continuum of 
                care as a result of the integration activities carried 
                out by the network, including a description of--
                            ``(i) return on investment for the 
                        community and the network members; and
                            ``(ii) other quantifiable performance 
                        measures that show the benefit of the network 
                        activities;
                    ``(E) a plan for sustaining the project after 
                Federal support for the project has ended;
                    ``(F) a description of how the project will be 
                evaluated;
                    ``(G) the administrative capacity to submit annual 
                performance data electronically as specified by the 
                Director; and
                    ``(H) other such information as the Director 
                determines to be appropriate.
    ``(d) Delta Rural Disparities and Health Systems Development 
Grants.--
            ``(1) Grants.--The Director may award grants to eligible 
        entities to support reduction of health disparities, improve 
        access to health care, and enhance rural health system 
        development in the Delta Region.
            ``(2) Eligibility.--To be eligible to receive a grant under 
        this subsection, an entity shall be a rural public or rural 
        nonprofit private entity, a facility that qualifies as a rural 
        health clinic under title XVIII of the Social Security Act, a 
        public or nonprofit entity existing exclusively to provide 
        services to migrant and seasonal farm workers in rural areas, 
        or a tribal government whose grant-funded activities will be 
        conducted within federally recognized tribal areas.
            ``(3) Applications.--To be eligible to receive a grant 
        under this subsection, an eligible entity shall prepare and 
        submit to the Director an application at such time, in such 
        manner, and containing such information as the Director may 
        require, including--
                    ``(A) a description of the project that the 
                eligible entity will carry out using the funds provided 
                under the grant;
                    ``(B) an explanation of the reasons why Federal 
                assistance is required to carry out the project;
                    ``(C) a description of the manner in which the 
                project funded under the grant will meet the health 
                care needs of the Delta Region;
                    ``(D) a description of how the local community or 
                region to be served will experience increased access to 
                quality health care services as a result of the 
                activities carried out by the entity;
                    ``(E) a description of how health disparities will 
                be reduced or the health system will be improved;
                    ``(F) a plan for sustaining the project after 
                Federal support for the project has ended;
                    ``(G) a description of how the project will be 
                evaluated including process and outcome measures 
                related to the quality of care provided or how the 
                health care system improves its performance;
                    ``(H) a description of how the grantee will develop 
                an advisory group made up of representatives of the 
                communities to be served to provide guidance to the 
                grantee to best meet community need; and
                    ``(I) other such information as the Director 
                determines to be appropriate.
    ``(e) Small Rural Health Care Provider Quality Improvement 
Grants.--
            ``(1) Grants.--The Director may award grants to provide for 
        the planning and implementation of small rural health care 
        provider quality improvement activities. The Director may award 
        the grants for periods of 1 to 3 years.
            ``(2) Eligibility.--To be eligible for a grant under this 
        subsection, an entity--
                    ``(A) shall be--
                            ``(i) a rural public or rural nonprofit 
                        private health care provider or provider of 
                        health care services, such as a rural health 
                        clinic; or
                            ``(ii) another rural provider or network of 
                        small rural providers identified by the 
                        Director as a key source of local care; and
                    ``(B) shall not previously have received a grant 
                under this subsection for the same or a similar 
                project.
            ``(3) Preference.--In awarding grants under this 
        subsection, the Director shall give preference to facilities 
        that qualify as rural health clinics under title XVIII of the 
        Social Security Act.
            ``(4) Applications.--To be eligible to receive a grant 
        under this subsection, an eligible entity shall prepare and 
        submit to the Director an application at such time, in such 
        manner, and containing such information as the Director may 
        require, including--
                    ``(A) a description of the project that the 
                eligible entity will carry out using the funds provided 
                under the grant;
                    ``(B) an explanation of the reasons why Federal 
                assistance is required to carry out the project;
                    ``(C) a description of the manner in which the 
                project funded under the grant will assure continuous 
                quality improvement in the provision of services by the 
                entity;
                    ``(D) a description of how the local community or 
                region to be served will experience increased access to 
                quality health care services as a result of the 
                activities carried out by the entity;
                    ``(E) a plan for sustaining the project after 
                Federal support for the project has ended;
                    ``(F) a description of how the project will be 
                evaluated including process and outcome measures 
                related to the quality of care provided; and
                    ``(G) other such information as the Director 
                determines to be appropriate.
    ``(f) General Requirements.--
            ``(1) Prohibited uses of funds.--An entity that receives a 
        grant under this section may not use funds provided through the 
        grant--
                    ``(A) to build or acquire real property; or
                    ``(B) for construction.
            ``(2) Coordination with other agencies.--The Director shall 
        coordinate activities carried out under grant programs 
        described in this section, to the extent practicable, with 
        Federal and State agencies and nonprofit organizations that are 
        operating similar grant programs, to maximize the effect of 
        public dollars in funding meritorious proposals.
    ``(g) Report.--Not later than September 30, 2014, the Secretary 
shall prepare and submit to the appropriate committees of Congress a 
report on the progress and accomplishments of the grant programs 
described in subsections (b), (c), (d), and (e).
    ``(h) Definitions.--In this section:
            ``(1) The term `Delta Region' has the meaning given to the 
        term `region' in section 382A of the Consolidated Farm and 
        Rural Development Act (7 U.S.C. 2009aa).
            ``(2) The term `Director' means the Director of the Office 
        of Rural Health Policy of the Health Resources and Services 
        Administration.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $40,000,000 for fiscal year 
2012, and such sums as may be necessary for each of fiscal years 2013 
through 2016.''.

SEC. 427. COMMUNITY HEALTH CENTER COLLABORATIVE ACCESS EXPANSION.

    Section 330 of the Public Health Service Act (42 U.S.C. 254b) is 
amended by adding at the end the following:
    ``(t) Miscellaneous Provisions.--
            ``(1) Rule of construction with respect to rural health 
        clinics.--
                    ``(A) In general.--Nothing in this section shall be 
                construed to prevent a community health center from 
                contracting with a federally certified rural health 
                clinic (as defined by section 1861(aa)(2) of the Social 
                Security Act) for the delivery of primary health care 
                services that are available at the rural health clinic 
                to individuals who would otherwise be eligible for free 
                or reduced cost care if that individual were able to 
                obtain that care at the community health center. Such 
                services may be limited in scope to those primary 
                health care services available in that rural health 
                clinic.
                    ``(B) Assurances.--In order for a rural health 
                clinic to receive funds under this section through a 
                contract with a community health center under paragraph 
                (1), such rural health clinic shall establish policies 
                to ensure--
                            ``(i) nondiscrimination based upon the 
                        ability of a patient to pay; and
                            ``(ii) the establishment of a sliding fee 
                        scale for low-income patients.''.

SEC. 428. FACILITATING THE PROVISION OF TELEHEALTH SERVICES ACROSS 
              STATE LINES.

    (a) In General.--For purposes of expediting the provision of 
telehealth services, for which payment is made under the Medicare 
program, across State lines, the Secretary of Health and Human Services 
shall, in consultation with representatives of States, physicians, 
health care practitioners, and patient advocates, encourage and 
facilitate the adoption of provisions allowing for multistate 
practitioner practice across State lines.
    (b) Definitions.--In subsection (a):
            (1) Telehealth service.--The term ``telehealth service'' 
        has the meaning given that term in subparagraph (F) of section 
        1834(m)(4) of the Social Security Act (42 U.S.C. 1395m(m)(4)).
            (2) Physician, practitioner.--The terms ``physician'' and 
        ``practitioner'' have the meaning given those terms in 
        subparagraphs (D) and (E), respectively, of such section.
            (3) Medicare program.--The term ``Medicare program'' means 
        the program of health insurance administered by the Secretary 
        of Health and Human Services under title XVIII of the Social 
        Security Act (42 U.S.C. 1395 et seq.).

SEC. 429. SCORING OF PREVENTIVE HEALTH SAVINGS.

    Section 202 of the Congressional Budget and Impoundment Control Act 
of 1974 (2 U.S.C. 602) is amended by adding at the end the following 
new subsection:
    ``(h) Scoring of Preventive Health Savings.--
            ``(1) Determination by the director.--Upon a request by the 
        chairman or ranking minority member of the Committee on the 
        Budget of the Senate, or by the chairman or ranking minority 
        member of the Committee on the Budget of the House of 
        Representatives, the Director shall determine if a proposed 
        measure would result in reductions in budget outlays in 
        budgetary outyears through the use of preventive health and 
        preventive health services.
            ``(2) Projections.--If the Director determines that a 
        measure would result in substantial reductions in budget 
        outlays as described in paragraph (1), the Director--
                    ``(A) shall include, in any projection prepared by 
                the Director, a description and estimate of the 
                reductions in budget outlays in the budgetary outyears 
                and a description of the basis for such conclusions; 
                and
                    ``(B) may prepare a budget projection that includes 
                some or all of the budgetary outyears, notwithstanding 
                the time periods for projections described in 
                subsection (e) and sections 308, 402, and 424.
            ``(3) Definitions.--As used in this subsection--
                    ``(A) the term `preventive health' means an action 
                that focuses on the health of the public, individuals, 
                and defined populations in order to protect, promote, 
                and maintain health, wellness, and functional ability, 
                and prevent disease, disability, and premature death 
                that is demonstrated by credible and publicly available 
                epidemiological projection models, incorporating 
                clinical trials or observational studies in humans, to 
                avoid future health care costs; and
                    ``(B) the term `budgetary outyears' means the 2 
                consecutive 10-year periods beginning with the first 
                fiscal year that is 10 years after the budget year 
                provided for in the most recently agreed to concurrent 
                resolution on the budget.''.

SEC. 430. SENSE OF CONGRESS.

    It is the sense of the Congress that--
            (1) the maintenance of effort (MOE) provisions added to 
        sections 1902 and 2105(d) of the Social Security Act by 
        sections 2001(b) and 2101(b) of the Patient Protection and 
        Affordable Care Act were written to maintain the eligibility 
        standards for the Medicaid program and Children's Health 
        Insurance Program until the American Health Benefit Exchanges 
        in the States are fully operational;
            (2) it is imperative that the MOE provisions are enforced 
        to the strict standard intended by the Congress;
            (3) waiving the MOE provisions should not be permitted, 
        except in the case of a request for a waiver that meets the 
        explicit nonapplication requirements;
            (4) the MOE provisions ensure the continued success of the 
        Medicaid program and CHIP and were written deliberately to 
        specifically protect vulnerable and disabled individuals, 
        children, and senior citizens, many of whom are also members of 
        communities of color; and
            (5) the MOE provisions must be strictly enforced and 
        proposals to weaken the MOE provisions must not be considered 
        in this time of recession.

SEC. 431. REPEAL OF REQUIREMENT FOR DOCUMENTATION EVIDENCING 
              CITIZENSHIP OR NATIONALITY UNDER THE MEDICAID PROGRAM.

    (a) Repeal.--Subsections (i)(22) and (x) of section 1903 of the 
Social Security Act (42 U.S.C. 1396b), as added by section 6036 of the 
Deficit Reduction Act of 2005, are each repealed.
    (b) Conforming Amendments.--
            (1) Section 1903 of the Social Security Act (42 U.S.C. 
        1396b) is amended--
                    (A) in subsection (i)--
                            (i) in paragraph (20), by adding ``or'' 
                        after the semicolon at the end; and
                            (ii) in paragraph (21), by striking ``; 
                        or'' and inserting a period;
                    (B) by redesignating subsection (y), as added by 
                section 6043(b) of the Deficit Reduction Act of 2005, 
                as subsection (x); and
                    (C) by redesignating subsection (z), as added by 
                section 6081(a) of the Deficit Reduction Act of 2005, 
                as subsection (y).
            (2) Subsection (c) of section 6036 of the Deficit Reduction 
        Act of 2005 is repealed.
    (c) Effective Date.--The repeals and amendments made by this 
section shall take effect as if included in the enactment of the 
Deficit Reduction Act of 2005.

SEC. 432. OFFICE OF MINORITY HEALTH IN VETERANS HEALTH ADMINISTRATION 
              OF DEPARTMENT OF VETERANS AFFAIRS.

    (a) Establishment and Functions.--Subchapter I of chapter 73 of 
title 38, United States Code, is amended by adding at the end the 
following new section:
``Sec. 7309. Office of Minority Health
    ``(a) Establishment.--There is established in the Department within 
the Office of the Under Secretary for Health an office to be known as 
the `Office of Minority Health' (in this section referred to as the 
`Office').
    ``(b) Head.--The Director of the Office of Minority Health shall be 
the head of the Office. The Director of the Office of Minority Health 
shall be appointed by the Under Secretary of Health from among 
individuals qualified to perform the duties of the position.
    ``(c) Functions.--The functions of the Office are as follows:
            ``(1) To establish short-range and long-range goals and 
        objectives and coordinate all other activities within the 
        Veterans Health Administration that relate to disease 
        prevention, health promotion, health care services delivery, 
        and health care research concerning veterans who are members of 
        a racial or ethnic minority group.
            ``(2) To support research, demonstrations, and evaluations 
        to test new and innovative models for the discharge of 
        activities described in paragraph (1).
            ``(3) To increase knowledge and understanding of health 
        risk factors for veterans who are members of a racial or ethnic 
        minority group.
            ``(4) To develop mechanisms that support better health care 
        information dissemination, education, prevention, and services 
        delivery to veterans from disadvantaged backgrounds, including 
        veterans who are members of a racial or ethnic minority group.
            ``(5) To enter into contracts or agreements with 
        appropriate public and nonprofit private entities to develop 
        and carry out programs to provide bilingual or interpretive 
        services to assist veterans who are members of a racial or 
        ethnic minority group and who lack proficiency in speaking the 
        English language in accessing and receiving health care 
        services through the Veterans Health Administration.
            ``(6) To carry out programs to improve access to health 
        care services through the Veterans Health Administration for 
        veterans with limited proficiency in speaking the English 
        language, including the development and evaluation of 
        demonstration and pilot projects for that purpose.
            ``(7) To advise the Under Secretary of Health on matters 
        relating to the development, implementation, and evaluation of 
        health professions education in decreasing disparities in 
        health care outcomes between veterans who are members of a 
        racial or ethnic minority group and other veterans, including 
        cutural competency as a method of eliminating such health 
        disparities.
            ``(8) To perform such other functions and duties as the 
        Secretary or the Under Secretary for Health considers 
        appropriate.
    ``(d) Definitions.--In this section:
            ``(1) The term `racial or ethnic minority group' means the 
        following:
                    ``(A) American Indians (including Alaska Natives, 
                Eskimos, and Aleuts).
                    ``(B) Asian Americans.
                    ``(C) Native Hawaiians and other Pacific Islanders.
                    ``(D) Blacks.
                    ``(E) Hispanics.
            ``(2) The term `Hispanic' means individuals whose origin is 
        Mexican, Puerto Rican, Cuban, Central or South American, or any 
        other Spanish-speaking country.''.

SEC. 433. ACCESS FOR NATIVE AMERICANS UNDER PPACA.

    (a) In General.--Title I of the Patient Protection and Affordable 
Care Act is amended--
            (1) in section 1311(c)(6)(D), by striking ``(as defined in 
        section 4 of the Indian Health Care Improvement Act)'' and 
        inserting ``(as defined in section 447.50(b)(1) of title 42 of 
        the Code of Federal Regulations, as in effect on July 1, 
        2010)''; and
            (2) in section 1402(d)(1), by striking ``(as defined in 
        section 4(d) of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b(d)))'' and inserting (f) ``(as 
        defined in section 447.50(b)(1) of title 42 of the Code of 
        Federal Regulations, as in effect on July 1, 2010)''.
    (b) Individual Mandate.--In section 5000A(e)(3) of the Internal 
Revenue Code of 1986, by striking ``(as defined in section 45A(c)(6))'' 
and inserting ``(as defined in section 447.50(b)(1) of title 42 of the 
Code of Federal Regulations, as in effect on July 1, 2010)''.

  TITLE V--IMPROVING HEALTH OUTCOMES FOR WOMEN, CHILDREN, AND FAMILIES

SEC. 501. GRANTS TO PROMOTE POSITIVE HEALTH BEHAVIORS IN WOMEN AND 
              CHILDREN.

    Part Q of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.) is amended by adding at the end the following:

``SEC. 399Z-2. GRANTS TO PROMOTE POSITIVE HEALTH BEHAVIORS IN WOMEN AND 
              CHILDREN.

    ``(a) Grants Authorized.--The Secretary, in collaboration with the 
Director of the Centers for Disease Control and Prevention and other 
Federal officials determined appropriate by the Secretary, is 
authorized to award grants to eligible entities to promote positive 
health behaviors for women and children in target populations, 
especially racial and ethnic minority women and children in medically 
underserved communities.
    ``(b) Use of Funds.--Grants awarded pursuant to subsection (a) may 
be used to support community health workers--
            ``(1) to educate and provide outreach regarding enrollment 
        in health insurance including the State Children's Health 
        Insurance Program under title XXI of the Social Security Act, 
        Medicare under title XVIII of such Act, and Medicaid under 
        title XIX of such Act;
            ``(2) to educate, guide, and provide outreach in a 
        community setting regarding health problems prevalent among 
        women and children and especially among racial and ethnic 
        minority women and children;
            ``(3) to educate, guide, and provide experiential learning 
        opportunities that target behavioral risk factors including--
                    ``(A) poor nutrition;
                    ``(B) physical inactivity;
                    ``(C) being overweight or obese;
                    ``(D) tobacco use;
                    ``(E) alcohol and substance use;
                    ``(F) injury and violence;
                    ``(G) risky sexual behavior;
                    ``(H) mental health problems;
                    ``(I) musculoskeletal health;
                    ``(J) dental and oral health problems; and
                    ``(K) understanding informed consent;
            ``(4) to educate and guide regarding effective strategies 
        to promote positive health behaviors within the family;
            ``(5) to promote community wellness and awareness; and
            ``(6) to educate and refer target populations to 
        appropriate health care agencies and community-based programs 
        and organizations in order to increase access to quality health 
        care services, including preventive health services.
    ``(c) Application.--
            ``(1) In general.--Each eligible entity that desires to 
        receive a grant under subsection (a) shall submit an 
        application to the Secretary, at such time, in such manner, and 
        accompanied by such additional information as the Secretary may 
        require.
            ``(2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                    ``(A) describe the activities for which assistance 
                under this section is sought;
                    ``(B) contain an assurance that with respect to 
                each community health worker program receiving funds 
                under the grant awarded, such program provides training 
                and supervision to community health workers to enable 
                such workers to provide authorized program services;
                    ``(C) contain an assurance that the applicant will 
                evaluate the effectiveness of community health worker 
                programs receiving funds under the grant;
                    ``(D) contain an assurance that each community 
                health worker program receiving funds under the grant 
                will provide services in the cultural context most 
                appropriate for the individuals served by the program;
                    ``(E) contain a plan to document and disseminate 
                project description and results to other States and 
                organizations as identified by the Secretary; and
                    ``(F) describe plans to enhance the capacity of 
                individuals to utilize health services and health-
                related social services under Federal, State, and local 
                programs by--
                            ``(i) assisting individuals in establishing 
                        eligibility under the programs and in receiving 
                        the services or other benefits of the programs; 
                        and
                            ``(ii) providing other services as the 
                        Secretary determines to be appropriate, that 
                        may include transportation and translation 
                        services.
    ``(d) Priority.--In awarding grants under subsection (a), the 
Secretary shall give priority to those applicants--
            ``(1) who propose to target geographic areas--
                    ``(A) with a high percentage of residents who are 
                eligible for health insurance but are uninsured or 
                underinsured; and
                    ``(B) with a high percentage of families for whom 
                English is not their primary language;
            ``(2) with experience in providing health or health-related 
        social services to individuals who are underserved with respect 
        to such services; and
            ``(3) with documented community activity and experience 
        with community health workers.
    ``(e) Collaboration With Academic Institutions.--The Secretary 
shall encourage community health worker programs receiving funds under 
this section to collaborate with academic institutions, including 
minority-serving institutions. Nothing in this section shall be 
construed to require such collaboration.
    ``(f) Quality Assurance and Costeffectiveness.--The Secretary shall 
establish guidelines for assuring the quality of the training and 
supervision of community health workers under the programs funded under 
this section and for assuring the costeffectiveness of such programs.
    ``(g) Monitoring.--The Secretary shall monitor community health 
worker programs identified in approved applications and shall determine 
whether such programs are in compliance with the guidelines established 
under subsection (f).
    ``(h) Technical Assistance.--The Secretary may provide technical 
assistance to community health worker programs identified in approved 
applications with respect to planning, developing, and operating 
programs under the grant.
    ``(i) Report to Congress.--
            ``(1) In general.--Not later than 4 years after the date on 
        which the Secretary first awards grants under subsection (a), 
        the Secretary shall submit to Congress a report regarding the 
        grant project.
            ``(2) Contents.--The report required under paragraph (1) 
        shall include the following:
                    ``(A) A description of the programs for which grant 
                funds were used.
                    ``(B) The number of individuals served.
                    ``(C) An evaluation of--
                            ``(i) the effectiveness of these programs;
                            ``(ii) the cost of these programs; and
                            ``(iii) the impact of the project on the 
                        health outcomes of the community residents.
                    ``(D) Recommendations for sustaining the community 
                health worker programs developed or assisted under this 
                section.
                    ``(E) Recommendations regarding training to enhance 
                career opportunities for community health workers.
    ``(j) Definitions.--In this section:
            ``(1) Community health worker.--The term `community health 
        worker' means an individual who promotes health or nutrition 
        within the community in which the individual resides--
                    ``(A) by serving as a liaison between communities 
                and health care agencies;
                    ``(B) by providing guidance and social assistance 
                to community residents;
                    ``(C) by enhancing community residents' ability to 
                effectively communicate with health care providers;
                    ``(D) by providing culturally and linguistically 
                appropriate health or nutrition education;
                    ``(E) by advocating for individual and community 
                health, including dental, oral, mental, and 
                environmental health, or nutrition needs; and
                    ``(F) by providing referral and followup services.
            ``(2) Community setting.--The term `community setting' 
        means a home or a community organization located in the 
        neighborhood in which a participant resides.
            ``(3) Eligible entity.--The term `eligible entity' means--
                    ``(A) a unit of State, territorial, local, or 
                tribal government (including a federally recognized 
                tribe or Alaska Native village); or
                    ``(B) a community-based organization.
            ``(4) Medically underserved community.--The term `medically 
        underserved community' means a community--
                    ``(A) that has a substantial number of individuals 
                who are members of a medically underserved population, 
                as defined by section 330(b)(3); and
                    ``(B) a significant portion of which is a health 
                professional shortage area as designated under section 
                332.
            ``(5) Support.--The term `support' means the provision of 
        training, supervision, and materials needed to effectively 
        deliver the services described in subsection (b), reimbursement 
        for services, and other benefits.
            ``(6) Target population.--The term `target population' 
        means women of reproductive age, regardless of their current 
        childbearing status and children under 21 years of age.
    ``(k) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $15,000,000 for each of fiscal 
years 2012 through 2016.''.

SEC. 502. REMOVING BARRIERS TO HEALTH CARE AND NUTRITION ASSISTANCE FOR 
              CHILDREN, PREGNANT WOMEN, AND LAWFULLY PRESENT 
              INDIVIDUALS.

    (a) Medicaid.--Section 1903(v) of the Social Security Act (42 
U.S.C. 1396b(v)) is amended by striking paragraph (4) and inserting the 
following new paragraph:
            ``(4)(A) Notwithstanding sections 401(a), 402(b), 403, and 
        421 of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996, payment shall be made under this 
        section for care and services that are furnished to aliens, 
        including those described in paragraph (1), if they otherwise 
        meet the eligibility requirements for medical assistance under 
        the State plan approved under this subchapter (other than the 
        requirement of the receipt of aid or assistance under title IV, 
        supplemental security income benefits under title XVI, or a 
        State supplementary payment), and are--
                            ``(i) lawfully present in the United 
                        States;
                            ``(ii) children under 21 years of age, 
                        including any optional targeted low-income 
                        child (as such term is defined in section 
                        1905(u)(2)(B)); or
                            ``(iii) pregnant women during pregnancy and 
                        during the 60-day period beginning on the last 
                        day of the pregnancy.
            ``(B) No debt shall accrue under an affidavit of support 
        against any sponsor of such an alien on the basis of provision 
        of assistance to such alien under this paragraph and the cost 
        of such assistance shall not be considered as an unreimbursed 
        cost.''.
    (b) SCHIP.--Section 2107(e)(1) of the Social Security Act (42 
U.S.C. 1397gg(e)(1)) is amended by amending subparagraph (J) to read as 
follows:
                    ``(J) Paragraph (4) of section 1903(v) (relating to 
                individuals who, but for sections 401(a), 403, and 421 
                of the Personal Responsibility and Work Opportunity 
                Reconciliation Act of 1996, would be eligible for 
                medical assistance under title XXI).''.
    (c) Supplemental Nutrition Assistance.--Notwithstanding sections 
401(a), 402(a), and 403(a) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a); 1612(a); 
1613(a)) and section 6(f) of the Food and Nutrition Act of 2008 (7 
U.S.C. 2015(f)), persons who are lawfully present in the United States 
shall be not be ineligible for benefits under the supplemental 
nutrition assistance program on the basis of their immigration status 
or date of entry into the United States.
    (d) Eligibility for Families With Children.--Section of the 
421(d)(3) of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1631(d)(3)) is amended by striking 
``to the extent that a qualified alien is eligible under section 
402(a)(2)(J)'' and inserting, ``to the extent that a child is a member 
of a household under the supplemental nutrition assistance program''.
    (e) Ensuring Proper Screening.--Section 11(e)(2)(B) of the Food and 
Nutrition Act of 2008 (7 U.S.C. 2020(e)(2)(B)) is amended--
            (1) by redesignating clauses (vi) and (vii) as clauses 
        (vii) and (viii); and
            (2) by inserting after clause (v) the following:
                            ``(vi) shall provide a method for 
                        implementing section 421 of the Personal 
                        Responsibility and Work Opportunity 
                        Reconciliation Act of 1996 (8 U.S.C. 1631) that 
                        does not require any unnecessary information 
                        from persons who may be exempt from that 
                        provision;''.

SEC. 503. REPEAL OF DENIAL OF BENEFITS.

    Section 115 of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (21 U.S.C. 862a) is amended--
            (1) in subsection (a) by striking paragraph (2);
            (2) in subsection (b) by striking paragraph (2); and
            (3) in subsection (e) by striking paragraph (2).

SEC. 504. BIRTH DEFECTS PREVENTION, RISK REDUCTION, AND AWARENESS.

    (a) In General.--The Secretary shall establish and implement a 
birth defects prevention and public awareness program, consisting of 
the activities described in subsections (c) and (d).
    (b) Definitions.--In this section:
            (1) The term ``pregnancy and breastfeeding information 
        services'' includes only--
                    (A) information services to provide accurate, 
                evidence-based, clinical information regarding maternal 
                exposures during pregnancy that may be associated with 
                birth defects or other health risks, such as exposures 
                to medications, chemicals, infections, foodborne 
                pathogens, illnesses, nutrition, or lifestyle factors;
                    (B) information services to provide accurate, 
                evidence-based, clinical information regarding maternal 
                exposures during breastfeeding that may be associated 
                with health risks to a breast-fed infant, such as 
                exposures to medications, chemicals, infections, 
                foodborne pathogens, illnesses, nutrition, or lifestyle 
                factors;
                    (C) the provision of accurate, evidence-based 
                information weighing risks of exposures during 
                breastfeeding against the benefits of breastfeeding; 
                and
                    (D) the provision of information described in 
                subparagraph (A), (B), or (C) through counselors, Web 
                sites, fact sheets, telephonic or electronic 
                communication, community outreach efforts, or other 
                appropriate means.
            (2) The term ``Secretary'' means the Secretary of Health 
        and Human Services, acting through the Director of the Centers 
        for Disease Control and Prevention.
    (c) Nationwide Media Campaign.--In carrying out subsection (a), the 
Secretary shall conduct or support a nationwide media campaign to 
increase awareness among health care providers and at-risk populations 
about pregnancy and breastfeeding information services.
    (d) Grants for Pregnancy and Breastfeeding Information Services.--
            (1) In general.--In carrying out subsection (a), the 
        Secretary shall award grants to State or regional agencies or 
        organizations for any of the following:
                    (A) Information services.--The provision of, or 
                campaigns to increase awareness about, pregnancy and 
                breastfeeding information services.
                    (B) Surveillance and research.--The conduct or 
                support of--
                            (i) surveillance of or research on--
                                    (I) maternal exposures and maternal 
                                health conditions that may influence 
                                the risk of birth defects, prematurity, 
                                or other adverse pregnancy outcomes; 
                                and
                                    (II) maternal exposures that may 
                                influence health risks to a breastfed 
                                infant; or
                            (ii) networking to facilitate surveillance 
                        or research described in this subparagraph.
            (2) Preference for certain states.--The Secretary, in 
        making any grant under this subsection, shall give preference 
        to States, otherwise equally qualified, that have or had a 
        pregnancy and breastfeeding information service in place on or 
        after January 1, 2006.
            (3) Matching funds.--The Secretary may only award a grant 
        under this subsection to a State or regional agency or 
        organization that agrees, with respect to the costs to be 
        incurred in carrying out the grant activities, to make 
        available (directly or through donations from public or private 
        entities) non-Federal funds toward such costs in an amount 
        equal to not less than 25 percent of the amount of the grant.
            (4) Coordination.--The Secretary shall ensure that 
        activities funded through a grant under this subsection are 
        coordinated, to the maximum extent practicable, with other 
        birth defects prevention and environmental health activities of 
        the Federal Government, including with respect to pediatric 
        environmental health specialty units and children's 
        environmental health centers.
    (e) Evaluation.--In furtherance of the program under subsection 
(a), the Secretary shall provide for an evaluation of pregnancy and 
breastfeeding information services to identify efficient and effective 
models of--
            (1) providing information;
            (2) raising awareness and increasing knowledge about birth 
        defects prevention measures;
            (3) modifying risk behaviors; or
            (4) other outcome measures as determined appropriate by the 
        Secretary.
    (f) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $5,000,000 for fiscal year 
2012, $6,000,000 for fiscal year 2013, $7,000,000 for fiscal year 2014, 
$8,000,000 for fiscal year 2015, and $9,000,000 for fiscal year 2016.

SEC. 505. UNIFORM STATE MATERNAL MORTALITY REVIEW COMMITTEES ON 
              PREGNANCY-RELATED DEATHS.

    (a) Condition of Receipt of Payments From Allotment Under Maternal 
and Child Health Service Block Grant.--Title V of the Social Security 
Act (42 U.S.C. 701 et seq.) is amended by adding at the end the 
following new section:

``SEC. 514. UNIFORM STATE MATERNAL MORTALITY REVIEW COMMITTEES ON 
              PREGNANCY-RELATED DEATHS.

    ``(a) Grants.--
            ``(1) In general.--Notwithstanding any other provision of 
        this title, for each of fiscal years 2012 through 2018, in 
        addition to payments from allotments for States under section 
        502 for such year, the Secretary shall, subject to paragraph 
        (3) and in accordance with the criteria established under 
        paragraph (2), award grants to States to--
                    ``(A) carry out the activities described in 
                subsection (b)(1);
                    ``(B) establish a State maternal mortality review 
                committee, in accordance with subsection (b)(2), to 
                carry out the activities described in subsection 
                (b)(2)(A), and to establish the processes described in 
                subsection (b)(1);
                    ``(C) ensure the State department of health carries 
                out the applicable activities described in subsection 
                (b)(3), with respect to pregnancy-related deaths 
                occurring within the State during such fiscal year;
                    ``(D) implement and use the comprehensive case 
                abstraction form developed under subsection (c), in 
                accordance with such subsection; and
                    ``(E) provide for public disclosure of information, 
                in accordance with subsection (e).
            ``(2) Criteria.--The Secretary shall establish criteria for 
        determining eligibility for and the amount of a grant awarded 
        to a State under paragraph (1). Such criteria shall provide 
        that in the case of a State that receives such a grant for a 
        fiscal year and is determined by the Secretary to have not used 
        such grant in accordance with this section, such State shall 
        not be eligible for such a grant for any subsequent fiscal 
        year.
            ``(3) Authorization of appropriations.--For purposes of 
        carrying out the grant program under this section, including 
        for administrative purposes, there is authorized to be 
        appropriated $10,000,000 for each of fiscal years 2012 through 
        2018.
    ``(b) Pregnancy-Related Death Review.--
            ``(1) Review of pregnancy-related death and pregnancy-
        associated death cases.--For purposes of subsection (a), with 
        respect to a State that receives a grant under subsection (a), 
        the following shall apply:
                    ``(A) Mandatory reporting of pregnancy-related 
                deaths.--
                            ``(i) In general.--The State shall, through 
                        the State maternal mortality review committee, 
                        develop a process, separate from any reporting 
                        process established by the State department of 
                        health prior to the date of the enactment of 
                        this section, that provides for mandatory and 
                        confidential case reporting by individuals and 
                        entities described in clause (ii) of pregnancy-
                        related deaths to the State department of 
                        health.
                            ``(ii) Individuals and entities 
                        described.--Individuals and entities described 
                        in this clause include each of the following:
                                    ``(I) Health care providers.
                                    ``(II) Medical examiners.
                                    ``(III) Medical coroners.
                                    ``(IV) Hospitals.
                                    ``(V) Free-standing birth centers.
                                    ``(VI) Other health care 
                                facilities.
                                    ``(VII) Any other individuals 
                                responsible for completing death 
                                certificates.
                                    ``(VIII) Any other appropriate 
                                individuals or entities specified by 
                                the Secretary.
                    ``(B) Voluntary reporting of pregnancy-related and 
                pregnancy-associated deaths.--
                            ``(i) The State shall, through the State 
                        maternal mortality review committee, develop a 
                        process for and encourage, separate from any 
                        reporting process established by the State 
                        department of health prior to the date of the 
                        enactment of this section, voluntary and 
                        confidential case reporting by individuals 
                        described in clause (ii) of pregnancy-
                        associated deaths to the State department of 
                        health.
                            ``(ii) The State shall, through the State 
                        maternal mortality review committee, develop a 
                        process for voluntary and confidential 
                        reporting by family members of the deceased and 
                        by other individuals on possible pregnancy-
                        related and pregnancy-associated deaths to the 
                        State department of health. Such process shall 
                        include--
                                    ``(I) making publicly available on 
                                the Internet Web site of the State 
                                department of health a telephone 
                                number, Internet Web link, and email 
                                address for such reporting; and
                                    ``(II) publicizing to local 
                                professional organizations, community 
                                organizations, and social services 
                                agencies the availability of the 
                                telephone number, Internet Web link, 
                                and email address made available under 
                                subclause (I).
                    ``(C) Development of case-finding.--The State, 
                through the vital statistics unit of the State, shall 
                annually identify pregnancy-related and pregnancy-
                associated deaths occurring in such State during the 
                year involved by--
                            ``(i) matching all death records, with 
                        respect to such year, for women of childbearing 
                        age to live birth certificates and infant death 
                        certificates to identify deaths of women that 
                        occurred during pregnancy and within one year 
                        after the end of a pregnancy;
                            ``(ii) identifying deaths reported during 
                        such year as having an underlying or 
                        contributing cause of death related to 
                        pregnancy, regardless of the time that has 
                        passed between the end of the pregnancy and the 
                        death;
                            ``(iii) collecting data from medical 
                        examiner and coroner reports; and
                            ``(iv) any other methods the States may 
                        devise to identify maternal deaths, such as 
                        through review of a random sample of reported 
                        deaths of women of childbearing age to 
                        ascertain cases of pregnancy-related and 
                        pregnancy-associated deaths that are not 
                        discernable from a review of death certificates 
                        alone.
                When feasible and for purposes of effectively 
                collecting and obtaining data on pregnancy-related and 
                pregnancy-associated deaths, the State shall adopt the 
                most recent standardized birth and death certificates, 
                as issued by the National Center for Vital Health 
                Statistics, including the recommended checkbox section 
                for pregnancy on the death certificates.
                    ``(D) Case investigation and development of case 
                summaries.--Following receipt of reports by the State 
                department of health pursuant to subparagraph (A) or 
                (B) and collection by the vital statistics unit of the 
                State of possible cases of pregnancy-related and 
                pregnancy-associated deaths pursuant to subparagraph 
                (C), the State, through the State maternal mortality 
                review committee established under subsection (a), 
                shall investigate each case, utilizing the case 
                abstraction form described in subsection (c), and 
                prepare de-identified case summaries, which shall be 
                reviewed by the committee and included in applicable 
                reports. For purposes of subsection (a), under the 
                processes established under subparagraphs (A), (B), and 
                (C), a State department of health or vital statistics 
                unit of a State shall provide to the State maternal 
                mortality review committee access to information 
                collected pursuant to such subparagraphs as necessary 
                to carry out this subparagraph. Data and information 
                collected for the case summary and review are for 
                purposes of public health activities, in accordance 
                with HIPAA privacy and security law (as defined in 
                section 3009(a)(2) of the Public Health Service Act). 
                Such case investigations shall include data and 
                information obtained through--
                            ``(i) medical examiner and autopsy reports 
                        of the woman involved;
                            ``(ii) medical records of the woman, 
                        including such records related to health care 
                        prior to pregnancy, prenatal and postnatal 
                        care, labor and delivery care, emergency room 
                        care, hospital discharge records, and any care 
                        delivered up until the time of death of the 
                        woman for purposes of public health activities, 
                        in accordance with HIPAA privacy and security 
                        law (as defined in section 3009(a)(2) of the 
                        Public Health Service Act);
                            ``(iii) oral and written interviews of 
                        individuals directly involved in the maternal 
                        care of the woman during and immediately 
                        following the pregnancy of the woman, including 
                        health care, mental health, and social service 
                        providers, as applicable;
                            ``(iv) optional oral or written interviews 
                        of the family of the woman;
                            ``(v) socioeconomic and other relevant 
                        background information about the woman;
                            ``(vi) information collected in 
                        subparagraph (C)(i); and
                            ``(vii) other information on the cause of 
                        death of the woman, such as social services and 
                        child welfare reports.
            ``(2) State maternal mortality review committees.--
                    ``(A) Duties.--
                            ``(i) Required committee activities.--For 
                        purposes of subsection (a), a maternal 
                        mortality review committee established by a 
                        State pursuant to a grant under such subsection 
                        shall carry out the following pregnancy-related 
                        death and pregnancy-associated death review 
                        activities and shall include all information 
                        relevant to the death involved on the case 
                        abstraction form developed under subsection 
                        (d):
                                    ``(I) With respect to a case of 
                                pregnancy-related or pregnancy-
                                associated death of a woman, review the 
                                case summaries prepared under 
                                subparagraphs (A), (B), (C), and (D) of 
                                paragraph (1).
                                    ``(II) Review aggregate statistical 
                                reports developed by the vital 
                                statistics unit of the State under 
                                paragraph (1)(C) regarding pregnancy-
                                related and pregnancy-associated deaths 
                                to identify trends, patterns, and 
                                disparities in adverse outcomes and 
                                address medical, non-medical, and 
                                system-related factors that may have 
                                contributed to such pregnancy-related 
                                and pregnancy-associated deaths and 
                                disparities.
                                    ``(III) Develop recommendations, 
                                based on the review of the case 
                                summaries under paragraph (1)(D) and 
                                aggregate statistical reports under 
                                subclause (II), to improve maternal 
                                care, social and health services, and 
                                public health policy and institutions, 
                                including with respect to improving 
                                access to maternal care, improving the 
                                availability of social services, and 
                                eliminating disparities in maternal 
                                care and outcomes.
                            ``(ii) Optional committee activities.--For 
                        purposes of subsection (a), a maternal 
                        mortality review committee established by a 
                        State under such subsection may present 
                        findings and recommendations regarding a 
                        specific case or set of circumstances directly 
                        to a health care facility or its local or State 
                        professional organization for the purpose of 
                        instituting policy changes, educational 
                        activities, or otherwise improving the quality 
                        of care provided by the facilities.
                    ``(B) Composition of maternal mortality review 
                committees.--
                            ``(i) In general.--Each State maternal 
                        mortality review committee established pursuant 
                        to a grant under subsection (a) shall be multi-
                        disciplinary, consisting of health care and 
                        social service providers, public health 
                        officials, other persons with professional 
                        expertise on maternal health and mortality, and 
                        patient and community advocates who represent 
                        those communities within such State that are 
                        the most affected by maternal mortality. 
                        Membership on such a committee of a State shall 
                        be reviewed annually by the State department of 
                        health to ensure that membership representation 
                        requirements are being fulfilled in accordance 
                        with this paragraph.
                            ``(ii) Required membership.--Each such 
                        review committee shall include--
                                    ``(I) representatives from medical 
                                specialities providing care to pregnant 
                                and postpartum patients, including 
                                obstetricians (including generalists 
                                and maternal fetal medicine 
                                specialists), and family practice 
                                physicians;
                                    ``(II) certified nurse midwives, 
                                certified midwives, and advanced 
                                practice nurses;
                                    ``(III) hospital-based nurses;
                                    ``(IV) representatives of the State 
                                department of health maternal and child 
                                health department;
                                    ``(V) social service providers or 
                                social workers;
                                    ``(VI) the chief medical examiners 
                                or designees;
                                    ``(VII) facility representatives, 
                                such as from hospitals or free-standing 
                                birth centers; and
                                    ``(VIII) community or patient 
                                advocates who represent those 
                                communities within the State that are 
                                the most affected by maternal 
                                mortality.
                            ``(iii) Additional members.--Each such 
                        review committee may also include 
                        representatives from other relevant academic, 
                        health, social service, or policy professions, 
                        or community organizations, on an ongoing 
                        basis, or as needed, as determined beneficial 
                        by the review committee, including--
                                    ``(I) anesthesiologists;
                                    ``(II) emergency physicians;
                                    ``(III) pathologists;
                                    ``(IV) epidemiologists or 
                                biostatisticians;
                                    ``(V) intensivists;
                                    ``(VI) vital statistics officers;
                                    ``(VII) nutritionists;
                                    ``(VIII) mental health 
                                professionals;
                                    ``(IX) substance abuse treatment 
                                specialists;
                                    ``(X) representatives of relevant 
                                advocacy groups;
                                    ``(XI) academics;
                                    ``(XII) representatives of 
                                beneficiaries of the State plan under 
                                the Medicaid program under title XIX;
                                    ``(XIII) paramedics;
                                    ``(XIV) lawyers;
                                    ``(XV) risk management specialists;
                                    ``(XVI) representatives of the 
                                departments of health or public health 
                                of major cities in the State involved; 
                                and
                                    ``(XVII) policy makers.
                            ``(iv) Diverse community membership.--The 
                        composition of such a committee, with respect 
                        to a State, shall include--
                                    ``(I) representatives from diverse 
                                communities, particularly those 
                                communities within such State most 
                                severely affected by pregnancy-related 
                                deaths or pregnancy-associated deaths 
                                and by a lack of access to relevant 
                                maternal care services, from community 
                                maternal child health organizations, 
                                and from minority advocacy groups;
                                    ``(II) members, including health 
                                care providers, from different 
                                geographic regions in the State, 
                                including any rural, urban, and tribal 
                                areas; and
                                    ``(III) health care and social 
                                service providers who work in 
                                communities that are diverse with 
                                regard to race, ethnicity, immigration 
                                status, Indigenous status, and English 
                                proficiency.
                            ``(v) Maternal mortality review staff.--
                        Staff of each such review committee shall 
                        include--
                                    ``(I) vital health statisticians, 
                                maternal child health statisticians, or 
                                epidemiologists;
                                    ``(II) a coordinator of the State 
                                maternal mortality review committee, to 
                                be designated by the State; and
                                    ``(III) administrative staff.
                    ``(C) Option for states to form regional maternal 
                mortality reviews.--States with a low rate of 
                occurrence of pregnancy-associated or pregnancy-related 
                deaths may choose to partner with one or more 
                neighboring States to fulfill the activities described 
                in paragraph (1)(C). In such a case, with respect to 
                States in such a partnership, any requirement under 
                this section relating to the reporting of information 
                related to such activities shall be deemed to be 
                fulfilled by each such State if a single such report is 
                submitted for the partnership.
            ``(3) State department of health activities.--For purposes 
        of subsection (a), a State department of health of a State 
        receiving a grant under such subsection shall--
                    ``(A) in consultation with the maternal mortality 
                review committee of the State and in conjunction with 
                relevant professional organizations, develop a plan for 
                ongoing health care provider education, based on the 
                findings and recommendations of the committee, in order 
                to improve the quality of maternal care; and
                    ``(B) take steps to widely disseminate the findings 
                and recommendations of the State maternal mortality 
                review committees of the State and to implement the 
                recommendations of such committee.
    ``(c) Case Abstraction Form.--
            ``(1) Development.--The Director of the Centers for Disease 
        Control and Prevention shall develop a uniform, comprehensive 
        case abstraction form and make such form available to States 
        for State maternal mortality review committees for use by such 
        committees in order to--
                    ``(A) ensure that the cases and information 
                collected and reviewed by such committees can be pooled 
                for review by the Department of Health and Human 
                Services and its agencies; and
                    ``(B) preserve the uniformity of the information 
                and its use for Federal public health purposes.
            ``(2) Permissible state modification.--Each State may 
        modify the form developed under paragraph (1) for 
        implementation and use by such State or by the State maternal 
        mortality review committee of such State by including on such 
        form additional information to be collected, but may not alter 
        the standard questions on such form, in order to ensure that 
        the information can be collected and reviewed centrally at the 
        Federal level.
    ``(d) Treatment as Public Health Authority for Purposes of HIPAA.--
For purposes of applying HIPAA privacy and security law (as defined in 
section 3009(a)(2) of the Public Health Service Act), a State maternal 
mortality review committee of a State established pursuant to this 
section to carry out activities described in subsection (b)(2)(A) shall 
be deemed to be a public health authority described in section 164.501 
(and referenced in section 164.512(b)(1)(i)) of title 45, Code of 
Federal Regulations (or any successor regulation), carrying out public 
health activities and purposes described in such section 
164.512(b)(1)(i) (or any such successor regulation).
    ``(e) Public Disclosure of Information.--
            ``(1) In general.--For fiscal year 2012 or a subsequent 
        fiscal year, each State receiving a grant under this section 
        for such year shall, subject to paragraph (3), provide for the 
        public disclosure, and submission to the information 
        clearinghouse established under paragraph (2), of the 
        information included in the report of the State under section 
        506(a)(2)(F) for such year (relating to the findings for such 
        year of the State maternal mortality review committee 
        established by the State under this section).
            ``(2) Information clearinghouse.--The Secretary of Health 
        and Human Services shall establish an information 
        clearinghouse, that shall be administered by the Director of 
        the Centers for Disease Control and Prevention, that will 
        maintain findings and recommendations submitted pursuant to 
        paragraph (1) and provide such findings and recommendations for 
        public review and research purposes by State health 
        departments, maternal mortality review committees, and health 
        providers and institutions.
            ``(3) Confidentiality of information.--In no case shall any 
        individually identifiable health information be provided to the 
        public, or submitted to the information clearinghouse, under 
        paragraph (1).
    ``(f) Confidentiality of Review Committee Proceedings.--
            ``(1) In general.--All proceedings and activities of a 
        State maternal mortality review committee under this section, 
        opinions of members of such a committee formed as a result of 
        such proceedings and activities, and records obtained, created, 
        or maintained pursuant to this section, including records of 
        interviews, written reports, and statements procured by the 
        Department of Health and Human Services or by any other person, 
        agency, or organization acting jointly with the Department, in 
        connection with morbidity and mortality reviews under this 
        section, shall be confidential, and not subject to discovery, 
        subpoena, or introduction into evidence in any civil, criminal, 
        legislative, or other proceeding. Such records shall not be 
        open to public inspection.
            ``(2) Testimony of members of committee.--
                    ``(A) In general.--Members of a State maternal 
                mortality review committee under this section may not 
                be questioned in any civil, criminal, legislative, or 
                other proceeding regarding information presented in, or 
                opinions formed as a result of, a meeting or 
                communication of the committee.
                    ``(B) Clarification.--Nothing in this subsection 
                shall be construed to prevent a member of such a 
                committee from testifying regarding information that 
                was obtained independent of such member's participation 
                on the committee, or that is public information.
            ``(3) Availability of information for research purposes.--
        Nothing in this subsection shall prohibit the publishing by 
        such a committee or the Department of Health and Human Services 
        of statistical compilations and research reports that--
                    ``(A) are based on confidential information, 
                relating to morbidity and mortality review; and
                    ``(B) do not contain identifying information or any 
                other information that could be used to ultimately 
                identify the individuals concerned.
    ``(g) Definitions.--For purposes of this section:
            ``(1) The term `pregnancy-associated death' means the death 
        of a woman while pregnant or during the one-year period 
        following the date of the end of pregnancy, irrespective of the 
        cause of such death.
            ``(2) The term `pregnancy-related death' means the death of 
        a woman while pregnant or during the one-year period following 
        the date of the end of pregnancy, irrespective of the duration 
        or site of the pregnancy, from any cause related to or 
        aggravated by the pregnancy or its management, but not from any 
        accidental or incidental cause.
            ``(3) The term `woman of childbearing age' means a woman 
        who is at least 10 years of age and not more than 54 years of 
        age.''.
    (b) Inclusion of Findings of Review Committees in Required 
Reports.--
            (1) State triennial reports.--Paragraph (2) of section 
        506(a) of such Act (42 U.S.C. 706(a)) is amended by inserting 
        after subparagraph (E) the following new subparagraph:
                    ``(F) In the case of a State receiving a grant 
                under section 514, beginning for the first fiscal year 
                beginning after 3 years after the date of establishment 
                of the State maternal mortality review committee 
                established by the State pursuant to such grant and 
                once every 3 years thereafter, information containing 
                the findings and recommendations of such committee and 
                information on the implementation of such 
                recommendations during the period involved.''.
            (2) Annual reports to congress.--Paragraph (3) of such 
        section is amended--
                    (A) in subparagraph (D), at the end, by striking 
                ``and'';
                    (B) in subparagraph (E), at the end, by striking 
                the period and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(F) For fiscal year 2012 and each subsequent 
                fiscal year, taking into account the findings, 
                recommendations, and implementation information 
                submitted by States pursuant to paragraph (2)(F), on 
                the status of pregnancy-related deaths and pregnancy-
                associated deaths in the United States and including 
                recommendations on methods to prevent such deaths in 
                the United States.''.

SEC. 506. ELIMINATING DISPARITIES IN MATERNITY HEALTH OUTCOMES.

    Part B of title III of the Public Health Service Act is amended by 
inserting after section 317V, as added, the following new section:

``SEC. 317W. ELIMINATING DISPARITIES IN MATERNITY HEALTH OUTCOMES.

    ``(a) In General.--The Secretary shall, in consultation with 
relevant national stakeholder organizations, such as national medical 
specialty organizations, national maternal child health organizations, 
and national health disparity organizations, carry out the following 
activities to eliminate disparities in maternal health outcomes:
            ``(1) Conduct research into the determinants and the 
        distribution of disparities in maternal care, health risks, and 
        health outcomes, and improve the capacity of the performance 
        measurement infrastructure to measure such disparities.
            ``(2) Expand access to services that have been demonstrated 
        to improve the quality and outcomes of maternity care for 
        vulnerable populations.
            ``(3) Establish a demonstration project to compare the 
        effectiveness of interventions to reduce disparities in 
        maternity services and outcomes, and implement and assess 
        effective interventions.
    ``(b) Scope and Selection of States for Demonstration Project.--The 
demonstration project under subsection (a)(3) shall be conducted in no 
more than 8 States, which shall be selected by the Secretary based on--
            ``(1) applications submitted by States, which specify which 
        regions and populations the State involved will serve under the 
        demonstration project;
            ``(2) criteria designed by the Secretary to ensure that, as 
        a whole, the demonstration project is, to the greatest extent 
        possible, representative of the demographic and geographic 
        composition of communities most affected by disparities;
            ``(3) criteria designed by the Secretary to ensure that a 
        variety of type of models are tested through the demonstration 
        project and that such models include interventions that have an 
        existing evidence base for effectiveness; and
            ``(4) criteria designed by the Secretary to assure that the 
        demonstration projects and models will be carried out in 
        consultation with local and regional provider organizations, 
        such as community health centers, hospital systems, and medical 
        societies representing providers of maternity services.
    ``(c) Duration of Demonstration Project.--The demonstration project 
under subsection (a)(3) shall begin on January 1, 2012, and end on 
December 31, 2016.
    ``(d) Grants for Evaluation and Monitoring.--The Secretary may make 
grants to States and health care providers participating in the 
demonstration project under subsection (a)(3) for the purpose of 
collecting data necessary for the evaluation and monitoring of such 
project.
    ``(e) Reports.--
            ``(1) State reports.--Each State that participates in the 
        demonstration project under subsection (a)(3) shall report to 
        the Secretary, in a time, form, and manner specified by the 
        Secretary, the data necessary to--
                    ``(A) monitor the--
                            ``(i) outcomes of the project;
                            ``(ii) costs of the project; and
                            ``(iii) quality of maternity care provided 
                        under the project; and
                    ``(B) evaluate the rationale for the selection of 
                the items and services included in any bundled payment 
                made by the State under the project.
            ``(2) Final report.--Not later than December 31, 2017, the 
        Secretary shall submit to Congress a report on the results of 
        the demonstration project under subsection (a)(3).''.

SEC. 507. DECREASING THE RISK FACTORS FOR SUDDEN UNEXPECTED INFANT 
              DEATH AND SUDDEN UNEXPLAINED DEATH IN CHILDHOOD.

    (a) Establishment.--The Secretary of Health and Human Services 
acting through the Administrator of the Health Resources and Services 
Administration and in consultation with the Director of the Centers for 
Disease Control and Prevention and the Director of the National 
Institutes of Health (in this section referred to as the ``Secretary'') 
shall establish and implement a culturally competent public health 
awareness and education campaign to provide information that is focused 
on decreasing the risk factors for sudden unexpected infant death and 
sudden unexplained death in childhood, including educating individuals 
about safe sleep environments, sleep positions, and reducing exposure 
to smoking during pregnancy and after birth.
    (b) Targeted Populations.--The campaign under subsection (a) shall 
be designed to reduce health disparities through the targeting of 
populations with high rates of sudden unexpected infant death and 
sudden unexplained death in childhood.
    (c) Consultation.--In establishing and implementing the campaign 
under subsection (a), the Secretary shall consult with national 
organizations representing health care providers, including nurses and 
physicians, parents, child care providers, children's advocacy and 
safety organizations, maternal and child health programs and women's, 
infants, and children nutrition professionals, and other individuals 
and groups determined necessary by the Secretary for such establishment 
and implementation.
    (d) Grants.--
            (1) In general.--In carrying out the campaign under 
        subsection (a), the Secretary shall award grants to national 
        organizations, State and local health departments, and 
        community-based organizations for the conduct of education and 
        outreach programs for nurses, parents, child care providers, 
        public health agencies, and community organizations.
            (2) Application.--To be eligible to receive a grant under 
        paragraph (1), an entity shall submit to the Secretary an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2012 through 2016.

SEC. 508. REDUCING TEENAGE PREGNANCIES.

    Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) 
is amended by adding at the end the following new part:

             ``PART W--YOUTH PREGNANCY PREVENTION PROGRAMS

``SEC. 399OO. PURPOSE.

    ``It is the purpose of this part to develop and carry out research 
and demonstration projects on new and existing program interventions to 
provide youth in racial or ethnic minority or immigrant communities the 
information and skills needed to reduce teenage pregnancies, build 
healthy relationships, and improve overall health and well-being.

``SEC. 399OO-1. DEMONSTRATION GRANTS TO REDUCE TEENAGE PREGNANCIES.

    ``(a) In General.--The Secretary shall award competitive grants to 
eligible entities for establishing or expanding programs to provide 
youth in racial or ethnic minority or immigrant communities the 
information and skills needed to avoid teenage pregnancy and develop 
healthy relationships.
    ``(b) Priority.--In awarding grants under this section, the 
Secretary shall give priority to applicants--
            ``(1) proposing to carry out projects in racial or ethnic 
        minority or immigrant communities;
            ``(2) that have a demonstrated history of effectively 
        working with such targeted communities; or
            ``(3) that have a demonstrated history of engaging in a 
        meaningful and significant partnership with such targeted 
        communities.
    ``(c) Program Settings.--Programs funded through a grant under 
subsection (a) shall be provided--
            ``(1) through classroom-based settings, such as school 
        health education, humanities, language arts, or family and 
        consumer science education; after-school programs; community-
        based programs; workforce development programs; and health care 
        settings; or
            ``(2) in collaboration with systems that serve large 
        numbers of at-risk youth such as juvenile justice or foster 
        care systems.
    ``(d) Project Requirements.--As a condition of receipt of a grant 
under this section, an entity shall agree that, with respect to 
information and skills provided through the grant--
            ``(1) such information and skills will be--
                    ``(A) age-appropriate;
                    ``(B) evidence-based or evidence-informed;
                    ``(C) provided in accordance with section 399OO-
                5(b); and
                    ``(D) culturally sensitive and relevant to the 
                target populations; and
            ``(2) any information provided about contraceptives shall 
        include the health benefits and side effects of all 
        contraceptives and barrier methods.
    ``(e) Evaluation.--Of the total amount made available to carry out 
this section for a fiscal year, the Secretary, acting through the 
Director of the Centers for Disease Control and Prevention and other 
agencies as appropriate, shall allot up to 10 percent of such amount to 
carry out a rigorous, independent evaluation to determine the extent 
and the effectiveness of activities funded through this section during 
such fiscal year in changing attitudes and behavior of teenagers with 
respect to healthy relationships and childbearing.
    ``(f) Grants for Indian Tribes or Tribal Organizations.--Of the 
total amount made available to carry out this section for a fiscal 
year, the Secretary shall reserve 5 percent of such amount to award 
grants under this section to Indian tribes and tribal organizations in 
such manner, and subject to such requirements, as the Secretary, in 
consultation with Indian tribes and tribal organizations, determines 
appropriate.
    ``(g) Eligible Entity Defined.--
            ``(1) In general.--In this section, the term `eligible 
        entity' means a State, local, or tribal agency; a school or 
        postsecondary institution; an after-school program; a nonprofit 
        organization; or a community or faith-based organization.
            ``(2) Preventing exclusion of smaller community-based 
        organizations.--In carrying out this section, the Secretary 
        shall ensure that the amounts and requirements of grants 
        provided under this section do not preclude receipt of such 
        grants by community-based organizations with a demonstrated 
        history of effectively working with adolescents in racial or 
        ethnic minority or immigrant communities or engaged in 
        meaningful and significant partnership with such communities.

``SEC. 399OO-2. MULTIMEDIA CAMPAIGNS TO REDUCE TEENAGE PREGNANCIES.

    ``(a) In General.--The Secretary shall award competitive grants to 
public and private entities to carry out multimedia campaigns to 
provide public education and increase public awareness regarding 
teenage pregnancy and related social and emotional issues, such as 
violence prevention.
    ``(b) Priority.--In awarding grants under this section, the 
Secretary shall give priority to applicants proposing to carry out 
campaigns developed for racial or ethnic minority or immigrant 
communities.
    ``(c) Information To Be Provided.--As a condition of receipt of a 
grant under this section, an entity shall agree to use the grant to 
carry out multimedia campaigns described in subsection (a) that--
            ``(1) at a minimum, shall provide information on--
                    ``(A) the prevention of teenage pregnancy; and
                    ``(B) healthy relationship development; and
            ``(2) may provide information on the prevention of dating 
        violence.

``SEC. 399OO-3. RESEARCH ON REDUCING TEENAGE PREGNANCIES AND TEENAGE 
              DATING VIOLENCE AND IMPROVING HEALTHY RELATIONSHIPS.

    ``(a) In General.--The Secretary, acting through the Director of 
the Centers for Disease Control and Prevention, shall make grants to 
public and private entities to conduct, support, or coordinate research 
on teenage pregnancy, dating violence, and healthy relationships among 
racial or ethnic minority or immigrant communities that--
            ``(1) improves data collection on--
                    ``(A) sexual and reproductive health, including 
                teenage pregnancies and births, among all minority 
                communities and subpopulations in which such data are 
                not collected, including American Indian and Alaska 
                Native youth;
                    ``(B) sexual behavior, sexual or reproductive 
                coercion, and teenage contraceptive use patterns at the 
                State level, as appropriate; and
                    ``(C) teenage pregnancies among youth in and aging 
                out of foster care or juvenile justice systems and the 
                underlying factors that lead to teenage pregnancy among 
                youth in foster care or juvenile justice systems;
            ``(2) investigates--
                    ``(A) the variance in the rates of teenage 
                pregnancy by--
                            ``(i) racial and ethnic group (such as 
                        Hispanic, Asian-American, African-American, 
                        Pacific Islander, American Indian, and Alaska 
                        Native); and
                            ``(ii) socioeconomic status, including as 
                        based on the income of the family and education 
                        attainment;
                    ``(B) factors affecting the risk for youth of 
                teenage pregnancy or dating abuse, including the 
                physical and social environment, level of 
                acculturation, access to health care, aspirations for 
                the future, and history of physical or sexual violence 
                or abuse;
                    ``(C) the role that violence and abuse play in 
                teenage sex, pregnancy, and childbearing;
                    ``(D) strategies to address the disproportionate 
                rates of teenage pregnancies and dating violence in 
                racial or ethnic minority or immigrant communities;
                    ``(E) how effective interventions can be replicated 
                or adapted in other settings to serve racial or ethnic 
                minority or immigrant communities; and
                    ``(F) the effectiveness of media campaigns in 
                addressing healthy relationship development, dating 
                violence prevention, and teenage pregnancy; and
            ``(3) tests research-based strategies for addressing high 
        rates of unintended teenage pregnancy through programs that 
        emphasize healthy relationships and violence prevention.
    ``(b) Priority.--In carrying out this section, the Secretary shall 
give priority to research that incorporates--
            ``(1) interdisciplinary approaches;
            ``(2) a strong emphasis on community-based participatory 
        research; or
            ``(3) translational research.

``SEC. 399OO-4. HHS ADOLESCENT HEALTH WORK GROUP.

    ``(a) Purpose.--Not later than 30 days after the date of the 
enactment of this part, the Secretary shall direct the interagency 
adolescent health workgroup within the Office of Adolescent Health of 
the Department of Health and Human Services to--
            ``(1) include in the work of the group strategies for 
        teenage dating violence prevention and healthy teenage 
        relationships with a particular focus among racial or ethnic 
        minority or immigrant communities; and
            ``(2) with respect to including such strategies, consult, 
        to the greatest extent possible, with the Federal Interagency 
        Workgroup on Teen Dating Violence formed under the leadership 
        of the National Institute of Justice of the Department of 
        Justice.
    ``(b) Report Requirement.--The Secretary, through the Office of 
Adolescent Health, shall periodically submit to Congress a report 
that--
            ``(1) includes a review of the evidence-based programs on 
        preventing teenage pregnancy, which are carried out and 
        identified by the Office; and
            ``(2) identifies the programs of the Department of Health 
        and Human Services that include teenage dating violence 
        prevention and the promotion of healthy teenage relationships 
        as part of a strategy to prevent teenage pregnancy.

``SEC. 399OO-5. GENERAL GRANT PROVISIONS.

    ``(a) Applications.--To seek a grant under this part, an entity 
shall submit an application to the Secretary in such form, in such 
manner, and containing such agreements, assurances, and information as 
the Secretary may require.
    ``(b) Additional Requirements.--A grant may be made under this part 
only if the applicant involved agrees that information, activities, and 
services provided under the grant--
            ``(1) will be evidence-based or evidence informed;
            ``(2) will be factually and medically accurate and 
        complete; and
            ``(3) if directed to a particular population group, will be 
        provided in an appropriate language and cultural context.
    ``(c) Training and Technical Assistance.--
            ``(1) In general.--Of the total amount made available to 
        carry out this part for a fiscal year, the Secretary shall use 
        10 percent to provide, directly or through a competitive grant 
        process, training and technical assistance to the grant 
        recipients under this part, including by disseminating research 
        and information regarding effective and promising practices, 
        providing consultation and resources on a broad array of 
        teenage and unintended pregnancy and violence prevention 
        strategies, and developing resources and materials.
            ``(2) Collaboration.--In carrying out this subsection, the 
        Secretary shall collaborate with entities that have expertise 
        in the prevention of teenage pregnancy, healthy relationship 
        development, minority health and health disparities, and 
        violence prevention.

``SEC. 399OO-6. DEFINITIONS.

    ``In this part:
            ``(1) Medically accurate and complete.--The term `medically 
        accurate and complete' means, with respect to information, 
        activities, or services, verified or supported by the weight of 
        research conducted in compliance with accepted scientific 
        methods and--
                    ``(A) published in peer-reviewed journals, where 
                applicable; or
                    ``(B) comprising information that leading 
                professional organizations and agencies with relevant 
                expertise in the field recognize as accurate, 
                objective, and complete.
            ``(2) Racial or ethnic minority or immigrant communities.--
        The term `racial or ethnic minority or immigrant communities' 
        means communities with a substantial number of residents who 
        are members of racial or ethnic minority groups or who are 
        immigrants.
            ``(3) Reproductive coercion.--The term `reproductive 
        coercion' means, with respect to a person, coercive behavior 
        that interferes with the ability of such person to control the 
        reproductive decisionmaking of such person, such as 
        intentionally exposing such person to sexually transmitted 
        infections; in the case such person is a female, attempting to 
        impregnate such person against her will; intentionally 
        interfering with the person's birth control; or threatening or 
        acting violent if the person does not comply with the 
        perpetrator's wishes regarding contraception or the decision 
        whether to terminate or continue a pregnancy.
            ``(4) Youth.--The term `youth' means individuals who are 11 
        to 19 years of age.

``SEC. 399OO-7. REPORTS.

    ``(a) Report on Use of Funds.--Not later than 1 year after the date 
of the enactment of this part, the Secretary shall submit to Congress a 
report on the use of funds provided pursuant to this part.
    ``(b) Report on Impact of Programs.--Not later than March 1, 2016, 
the Secretary shall submit to Congress a report on the impact that the 
programs under this part had on reducing teenage pregnancies.

``SEC. 399OO-8. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry 
out this part such sums as may be necessary for each of the fiscal 
years 2012 through 2016.
    ``(b) Availability.--Amounts appropriated pursuant to subsection 
(a)--
            ``(1) are authorized to remain available until expended; 
        and
            ``(2) are in addition to amounts otherwise made available 
        for such purposes.''.

SEC. 509. GESTATIONAL DIABETES.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243 
et seq.) is amended by adding after section 317H the following:

``SEC. 317H-1. GESTATIONAL DIABETES.

    ``(a) Understanding and Monitoring Gestational Diabetes.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the Centers for Disease Control and Prevention, in 
        consultation with the Diabetes Mellitus Interagency 
        Coordinating Committee established under section 429 and 
        representatives of appropriate national health organizations, 
        shall develop a multisite gestational diabetes research project 
        within the diabetes program of the Centers for Disease Control 
        and Prevention to expand and enhance surveillance data and 
        public health research on gestational diabetes.
            ``(2) Areas to be addressed.--The research project 
        developed under paragraph (1) shall address--
                    ``(A) procedures to establish accurate and 
                efficient systems for the collection of gestational 
                diabetes data within each State and commonwealth, 
                territory, or possession of the United States;
                    ``(B) the progress of collaborative activities with 
                the National Vital Statistics System, the National 
                Center for Health Statistics, and State health 
                departments with respect to the standard birth 
                certificate, in order to improve surveillance of 
                gestational diabetes;
                    ``(C) postpartum methods of tracking women with 
                gestational diabetes after delivery as well as targeted 
                interventions proven to lower the incidence of type 2 
                diabetes in that population;
                    ``(D) variations in the distribution of diagnosed 
                and undiagnosed gestational diabetes, and of impaired 
                fasting glucose tolerance and impaired fasting glucose, 
                within and among groups of women; and
                    ``(E) factors and culturally sensitive 
                interventions that influence risks and reduce the 
                incidence of gestational diabetes and related 
                complications during childbirth, including cultural, 
                behavioral, racial, ethnic, geographic, demographic, 
                socioeconomic, and genetic factors.
            ``(3) Report.--Not later than 2 years after the date of the 
        enactment of this section, and annually thereafter, the 
        Secretary shall generate a report on the findings and 
        recommendations of the research project including prevalence of 
        gestational diabetes in the multisite area and disseminate the 
        report to the appropriate Federal and non-Federal agencies.
    ``(b) Expansion of Gestational Diabetes Research.--
            ``(1) In general.--The Secretary shall expand and intensify 
        public health research regarding gestational diabetes. Such 
        research may include--
                    ``(A) developing and testing novel approaches for 
                improving postpartum diabetes testing or screening and 
                for preventing type 2 diabetes in women with a history 
                of gestational diabetes; and
                    ``(B) conducting public health research to further 
                understanding of the epidemiologic, socioenvironmental, 
                behavioral, translation, and biomedical factors and 
                health systems that influence the risk of gestational 
                diabetes and the development of type 2 diabetes in 
                women with a history of gestational diabetes.
            ``(2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $5,000,000 for 
        each of fiscal years 2012 through 2016.
    ``(c) Demonstration Grants To Lower the Rate of Gestational 
Diabetes.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the Centers for Disease Control and Prevention, 
        shall award grants, on a competitive basis, to eligible 
        entities for demonstration projects that implement evidence-
        based interventions to reduce the incidence of gestational 
        diabetes, the recurrence of gestational diabetes in subsequent 
        pregnancies, and the development of type 2 diabetes in women 
        with a history of gestational diabetes.
            ``(2) Priority.--In making grants under this subsection, 
        the Secretary shall give priority to projects focusing on--
                    ``(A) helping women who have 1 or more risk factors 
                for developing gestational diabetes;
                    ``(B) working with women with a history of 
                gestational diabetes during a previous pregnancy;
                    ``(C) providing postpartum care for women with 
                gestational diabetes;
                    ``(D) tracking cases where women with a history of 
                gestational diabetes developed type 2 diabetes;
                    ``(E) educating mothers with a history of 
                gestational diabetes about the increased risk of their 
                child developing diabetes;
                    ``(F) working to prevent gestational diabetes and 
                prevent or delay the development of type 2 diabetes in 
                women with a history of gestational diabetes; and
                    ``(G) achieving outcomes designed to assess the 
                efficacy and cost-effectiveness of interventions that 
                can inform decisions on long-term sustainability, 
                including third-party reimbursement.
            ``(3) Application.--An eligible entity desiring to receive 
        a grant under this subsection shall submit to the Secretary--
                    ``(A) an application at such time, in such manner, 
                and containing such information as the Secretary may 
                require; and
                    ``(B) a plan to--
                            ``(i) lower the rate of gestational 
                        diabetes during pregnancy; or
                            ``(ii) develop methods of tracking women 
                        with a history of gestational diabetes and 
                        develop effective interventions to lower the 
                        incidence of the recurrence of gestational 
                        diabetes in subsequent pregnancies and the 
                        development of type 2 diabetes.
            ``(4) Uses of funds.--An eligible entity receiving a grant 
        under this subsection shall use the grant funds to carry out 
        demonstration projects described in paragraph (1), including--
                    ``(A) expanding community-based health promotion 
                education, activities, and incentives focused on the 
                prevention of gestational diabetes and development of 
                type 2 diabetes in women with a history of gestational 
                diabetes;
                    ``(B) aiding State- and tribal-based diabetes 
                prevention and control programs to collect, analyze, 
                disseminate, and report surveillance data on women 
                with, and at risk for, gestational diabetes, the 
                recurrence of gestational diabetes in subsequent 
                pregnancies, and, for women with a history of 
                gestational diabetes, the development of type 2 
                diabetes; and
                    ``(C) training and encouraging health care 
                providers--
                            ``(i) to promote risk assessment, high-
                        quality care, and self-management for 
                        gestational diabetes and the recurrence of 
                        gestational diabetes in subsequent pregnancies; 
                        and
                            ``(ii) to prevent the development of type 2 
                        diabetes in women with a history of gestational 
                        diabetes, and its complications in the practice 
                        settings of the health care providers.
            ``(5) Report.--Not later than 4 years after the date of the 
        enactment of this section, the Secretary shall prepare and 
        submit to the Congress a report concerning the results of the 
        demonstration projects conducted through the grants awarded 
        under this subsection.
            ``(6) Definition of eligible entity.--In this subsection, 
        the term `eligible entity' means a nonprofit organization (such 
        as a nonprofit academic center or community health center) or a 
        State, tribal, or local health agency.
            ``(7) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $5,000,000 for 
        each of fiscal years 2012 through 2016.
    ``(d) Postpartum Follow-Up Regarding Gestational Diabetes.--The 
Secretary, acting through the Director of the Centers for Disease 
Control and Prevention, shall work with the State- and tribal-based 
diabetes prevention and control programs assisted by the Centers to 
encourage postpartum follow-up after gestational diabetes, as medically 
appropriate, for the purpose of reducing the incidence of gestational 
diabetes, the recurrence of gestational diabetes in subsequent 
pregnancies, the development of type 2 diabetes in women with a history 
of gestational diabetes, and related complications.''.

SEC. 510. EMERGENCY CONTRACEPTION EDUCATION AND INFORMATION PROGRAMS.

    (a) Emergency Contraception Public Education Program.--
            (1) In general.--The Secretary, acting through the Director 
        of the Centers for Disease Control and Prevention, shall 
        develop and disseminate to the public information on emergency 
        contraception.
            (2) Dissemination.--The Secretary may disseminate 
        information under paragraph (1) directly or through 
        arrangements with nonprofit organizations, consumer groups, 
        institutions of higher education, clinics, the media, and 
        Federal, State, and local agencies.
            (3) Information.--The information disseminated under 
        paragraph (1) shall include, at a minimum, a description of 
        emergency contraception and an explanation of the use, safety, 
        efficacy, and availability of such contraception.
    (b) Emergency Contraception Information Program for Health Care 
Providers.--
            (1) In general.--The Secretary, acting through the 
        Administrator of the Health Resources and Services 
        Administration and in consultation with major medical and 
        public health organizations, shall develop and disseminate to 
        health care providers information on emergency contraception.
            (2) Information.--The information disseminated under 
        paragraph (1) shall include, at a minimum--
                    (A) information describing the use, safety, 
                efficacy, and availability of emergency contraception;
                    (B) a recommendation regarding the use of such 
                contraception in appropriate cases; and
                    (C) information explaining how to obtain copies of 
                the information developed under subsection (a) for 
                distribution to the patients of the providers.
    (c) Definitions.--In this section:
            (1) Emergency contraception.--The term ``emergency 
        contraception'' means a drug or device (as the terms are 
        defined in section 201 of the Federal Food, Drug, and Cosmetic 
        Act (21 U.S.C. 321)) or a drug regimen that--
                    (A) is used postcoitally;
                    (B) prevents pregnancy primarily by preventing or 
                delaying ovulation, and does not terminate an 
                established pregnancy; and
                    (C) is approved by the Food and Drug 
                Administration.
            (2) Health care provider.--The term ``health care 
        provider'' means an individual who is licensed or certified 
        under State law to provide health care services and who is 
        operating within the scope of such license. Such term shall 
        include a pharmacist.
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the same meaning given 
        such term in section 101(a) of the Higher Education Act of 1965 
        (20 U.S.C. 1001(a)).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of the fiscal years 2012 through 2016.

SEC. 511. SUPPORTING HEALTHY ADOLESCENT DEVELOPMENT.

    (a) In General.--The Secretary may award a grant to each eligible 
State to conduct programs of sex education described in subsection (b), 
including education on both abstinence and contraception for the 
prevention of teenage pregnancy and sexually transmitted diseases, 
including HIV/AIDS.
    (b) Requirements for Sex Education Programs.--A program of sex 
education described in this subsection is a program that--
            (1) is age appropriate and medically accurate;
            (2) stresses the value of abstinence while not ignoring 
        those young people who have been or are sexually active;
            (3) provides information about the health benefits and side 
        effects of contraceptive and barrier methods used--
                    (A) as a means to prevent pregnancy; and
                    (B) to reduce the risk of contracting sexually 
                transmitted disease, including HIV/AIDS;
            (4) encourages family communication between parent and 
        child about sexuality;
            (5) cultivates a respectful dialogue about sexuality, 
        including sexual orientation and gender identity, and embraces 
        the principles of nondiscrimination based on sexual orientation 
        and gender identity;
            (6) counters the perpetuation of narrow gender roles, 
        including the sexualization of female children, adolescents, 
        and adults;
            (7) teaches young people the skills to make responsible 
        decisions about sexuality, including how to avoid unwanted 
        verbal, physical, and sexual advances and how to avoid making 
        verbal, physical, and sexual advances that are not wanted by 
        the other party;
            (8) develops healthy relationships, including the 
        prevention of dating and sexual violence;
            (9) teaches young people how alcohol and drug use can 
        affect responsible decisionmaking; and
            (10) does not teach or promote religion.
    (c) Additional Activities.--In carrying out a program of sex 
education, a State may expend grant funds awarded under subsection (a) 
to carry out educational and motivational activities that help young 
people--
            (1) gain knowledge about the physical, emotional, 
        biological, and hormonal changes of adolescence and subsequent 
        stages of human maturation;
            (2) develop the knowledge and skills necessary to ensure 
        and protect their sexual and reproductive health from 
        unintended pregnancy and sexually transmitted disease, 
        including HIV/AIDS, throughout their lifespan;
            (3) gain knowledge about the specific involvement and 
        responsibility of each individual in sexual decisionmaking;
            (4) develop healthy attitudes and values about adolescent 
        growth and development, body image, gender roles, racial and 
        ethnic diversity, sexual orientation and gender identity, and 
        other subjects;
            (5) develop and practice healthy life skills including 
        goal-setting, decisionmaking, negotiation, communication, and 
        stress management; and
            (6) promote self-esteem and positive interpersonal skills 
        focusing on relationship dynamics, including friendships, 
        dating, romantic involvement, marriage, and family 
        interactions.
    (d) Matching Funds.--The Secretary may not make payments to a State 
under this section in an amount exceeding Federal medical assistance 
percentage for such State (as such term is defined in section 1905(b) 
of the Social Security Act (42 U.S.C. 1396d(b))) of the costs of the 
programs conducted by the State under this section.
    (e) Evaluation of Programs.--
            (1) In general.--For the purpose of evaluating the 
        effectiveness of programs of sex education carried out with a 
        grant under this section, evaluations shall be carried out in 
        accordance with paragraphs (2) and (3).
            (2) National evaluation.--
                    (A) Method.--The Secretary shall provide for a 
                national evaluation of a representative sample of 
                programs of sex education carried out with grants under 
                this section to determine--
                            (i) the effectiveness of such programs in 
                        helping to delay the initiation of sexual 
                        intercourse and other high-risk behaviors;
                            (ii) the effectiveness of such programs in 
                        preventing adolescent pregnancy;
                            (iii) the effectiveness of such programs in 
                        preventing sexually transmitted disease, 
                        including HIV/AIDS;
                            (iv) the effectiveness of such programs in 
                        increasing contraceptive knowledge and 
                        contraceptive behaviors when sexual intercourse 
                        occurs; and
                            (v) a list of best practices based upon 
                        essential programmatic components of evaluated 
                        programs that have led to success described in 
                        clauses (i) through (iv).
                    (B) Grant condition.--A condition for the receipt 
                of a grant to a State under this section is that the 
                State cooperate with the evaluation under subparagraph 
                (A).
                    (C) Report.--The Secretary shall submit to the 
                Congress--
                            (i) not later than the end of each fiscal 
                        year during the 5-year period beginning with 
                        fiscal year 2012, an interim report on the 
                        national evaluation under subparagraph (A); and
                            (ii) not later than March 31, 2017, a final 
                        report providing the results of such national 
                        evaluation.
            (3) Individual state evaluations.--A condition for the 
        receipt of a grant under this section is that the State 
        evaluate of the programs of sex education funded through such 
        grant in accordance with the following requirements:
                    (A) The evaluation will be conducted by an 
                external, independent entity.
                    (B) The purposes of the evaluation will be the 
                determination of--
                            (i) the effectiveness of such programs in 
                        helping to delay the initiation of sexual 
                        intercourse and other high-risk behaviors;
                            (ii) the effectiveness of such programs in 
                        preventing adolescent pregnancy;
                            (iii) the effectiveness of such programs in 
                        preventing sexually transmitted disease, 
                        including HIV/AIDS; and
                            (iv) the effectiveness of such programs in 
                        increasing contraceptive and barrier method 
                        knowledge and contraceptive behaviors when 
                        sexual intercourse occurs.
    (f) Limitations on Use of Funds.--
            (1) Limitations on secretary.--Of the amounts appropriated 
        for a fiscal year for purposes of this section, the Secretary 
        may not use more than--
                    (A) 7 percent of such amounts for administrative 
                expenses related to carrying out this section for that 
                fiscal year; and
                    (B) 10 percent of such amounts for the national 
                evaluation under subsection (e)(2).
            (2) Limitations to states.--Of amounts provided to an 
        eligible State under this subsection, the State may not use 
        more than 10 percent of the grant to conduct any evaluation 
        under subsection (e)(3).
    (g) Nondiscrimination Required.--Programs funded under this section 
shall not discriminate on the basis of sex, race, ethnicity, national 
origin, disability, religion, marital status, familial status, sexual 
orientation, or gender identity. Nothing in this section shall be 
construed to invalidate or limit rights, remedies, procedures, or legal 
standards available to victims of discrimination under any other 
Federal law or any law of a State or a political subdivision of a 
State, including title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 
1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 
794), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 
et seq.).
    (h) Definitions.--For purposes of this section:
            (1) The term ``age appropriate'' means, with respect to 
        topics, messages, and teaching methods, those suitable to 
        particular ages or age groups of children, adolescents, and 
        adults, based on developing cognitive, emotional, and 
        behavioral capacity typical for the age or age group.
            (2) The term ``eligible State'' means a State that submits 
        to the Secretary an application for a grant under this section 
        that is in such form, is made in such manner, and contains such 
        agreements, assurances, and information as the Secretary 
        determines to be necessary to carry out this section.
            (3) The term ``HIV/AIDS'' means the human immunodeficiency 
        virus, and includes acquired immune deficiency syndrome.
            (4) The term ``medically accurate'', with respect to 
        information, means information that is supported by research, 
        recognized as accurate and objective by leading medical, 
        psychological, psychiatric, and public health organizations and 
        agencies, and, published in journals that are peer reviewed.
            (5) The term ``State'' means the 50 States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the Commonwealth of 
        the Northern Mariana Islands, American Samoa, Guam, the United 
        States Virgin Islands, and any other territory or possession of 
        the United States.
    (i) Authorization of Appropriations.--For the purpose of carrying 
out this section, there is authorized to be appropriated $50,000,000 
for each of the fiscal years 2012 through 2016.

                        TITLE VI--MENTAL HEALTH

SEC. 601. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL 
              HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE 
              PROGRAM.

    (a) Coverage of Services.--
            (1) In general.--Section 1861(s)(2) of the Social Security 
        Act (42 U.S.C. 1395x(s)(2)) is amended--
                    (A) in subparagraph (EE), by striking ``and'' at 
                the end;
                    (B) in subparagraph (FF), by inserting ``and'' at 
                the end; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(GG) marriage and family therapist services (as defined 
        in subsection (kkk)(1)) and mental health counselor services 
        (as defined in subsection (kkk)(3));''.
            (2) Definitions.--Section 1861 of such Act (42 U.S.C. 
        1395x), as amended by sections 202(b)(1)(A) and 423(a), is 
        amended by adding at the end the following new subsection:

     ``Marriage and Family Therapist Services; Marriage and Family 
  Therapist; Mental Health Counselor Services; Mental Health Counselor

    ``(kkk)(1) The term `marriage and family therapist services' means 
services performed by a marriage and family therapist (as defined in 
paragraph (2)) for the diagnosis and treatment of mental illnesses, 
which the marriage and family therapist is legally authorized to 
perform under State law (or the State regulatory mechanism provided by 
State law) of the State in which such services are performed, as would 
otherwise be covered if furnished by a physician or as an incident to a 
physician's professional service, but only if no facility or other 
provider charges or is paid any amounts with respect to the furnishing 
of such services.
    ``(2) The term `marriage and family therapist' means an individual 
who--
            ``(A) possesses a master's or doctoral degree which 
        qualifies for licensure or certification as a marriage and 
        family therapist pursuant to State law;
            ``(B) after obtaining such degree has performed at least 2 
        years of clinical supervised experience in marriage and family 
        therapy; and
            ``(C) in the case of an individual performing services in a 
        State that provides for licensure or certification of marriage 
        and family therapists, is licensed or certified as a marriage 
        and family therapist in such State.
    ``(3) The term `mental health counselor services' means services 
performed by a mental health counselor (as defined in paragraph (4)) 
for the diagnosis and treatment of mental illnesses which the mental 
health counselor is legally authorized to perform under State law (or 
the State regulatory mechanism provided by the State law) of the State 
in which such services are performed, as would otherwise be covered if 
furnished by a physician or as incident to a physician's professional 
service, but only if no facility or other provider charges or is paid 
any amounts with respect to the furnishing of such services.
    ``(4) The term `mental health counselor' means an individual who--
            ``(A) possesses a master's or doctor's degree in mental 
        health counseling or a related field;
            ``(B) after obtaining such a degree has performed at least 
        2 years of supervised mental health counselor practice; and
            ``(C) in the case of an individual performing services in a 
        State that provides for licensure or certification of mental 
        health counselors or professional counselors, is licensed or 
        certified as a mental health counselor or professional 
        counselor in such State.''.
            (3) Provision for payment under part b.--Section 
        1832(a)(2)(B) of such Act (42 U.S.C. 1395k(a)(2)(B)) is amended 
        by adding at the end the following new clause:
                            ``(v) marriage and family therapist 
                        services and mental health counselor 
                        services;''.
            (4) Amount of payment.--Section 1833(a)(1) of such Act (42 
        U.S.C. 1395l(a)(1)) is amended--
                    (A) by striking ``and (Z)'' and inserting ``(Z)''; 
                and
                    (B) by inserting before the semicolon at the end 
                the following: ``, and (AA) with respect to marriage 
                and family therapist services and mental health 
                counselor services under section 1861(s)(2)(GG), the 
                amounts paid shall be 80 percent of the lesser of the 
                actual charge for the services or 75 percent of the 
                amount determined for payment of a psychologist under 
                subparagraph (L)''.
            (5) Exclusion of marriage and family therapist services and 
        mental health counselor services from skilled nursing facility 
        prospective payment system.--Section 1888(e)(2)(A)(ii) of such 
        Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting 
        ``marriage and family therapist services (as defined in section 
        1861(kkk)(1)), mental health counselor services (as defined in 
        section 1861(kkk)(3)),'' after ``qualified psychologist 
        services,''.
            (6) Inclusion of marriage and family therapists and mental 
        health counselors as practitioners for assignment of claims.--
        Section 1842(b)(18)(C) of such Act (42 U.S.C. 1395u(b)(18)(C)) 
        is amended by adding at the end the following new clauses:
            ``(vii) A marriage and family therapist (as defined in 
        section 1861(kkk)(2)).
            ``(viii) A mental health counselor (as defined in section 
        1861(kkk)(4)).''.
    (b) Coverage of Certain Mental Health Services Provided in Certain 
Settings.--
            (1) Rural health clinics and federally qualified health 
        centers.--Section 1861(aa)(1)(B) of the Social Security Act (42 
        U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a 
        clinical social worker (as defined in subsection (hh)(1)),'' 
        and inserting ``, by a clinical social worker (as defined in 
        subsection (hh)(1)), by a marriage and family therapist (as 
        defined in subsection (kkk)(2)), or by a mental health 
        counselor (as defined in subsection (kkk)(4)),''.
            (2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of 
        such Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by 
        inserting ``or one marriage and family therapist (as defined in 
        subsection (kkk)(2))'' after ``social worker''.
    (c) Authorization of Marriage and Family Therapists To Develop 
Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of 
the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by 
inserting ``marriage and family therapist (as defined in subsection 
(kkk)(2)),'' after ``social worker,''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to services furnished on or after January 1, 2012.

SEC. 602. COMMUNITY MENTAL HEALTH AND ADDICTION SAFETY NET EQUITY ACT.

    (a) Federally Qualified Behavioral Health Centers.--Section 1913 of 
the Public Health Service Act (42 U.S.C. 300x-3) is amended--
            (1) in subsection (a)(2)(A), by striking ``community mental 
        health services'' and inserting ``behavioral health services 
        (of the type offered by federally qualified behavioral health 
        centers consistent with subsection (c)(3))'';
            (2) in subsection (b)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) services under the plan will be provided only through 
        appropriate, qualified community programs (which may include 
        federally qualified behavioral health centers, child mental 
        health programs, psychosocial rehabilitation programs, mental 
        health peer-support programs, and mental health primary 
        consumer-directed programs); and''; and
                    (B) in paragraph (2), by striking ``community 
                mental health centers'' and inserting ``federally 
                qualified behavioral health centers''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c) Criteria for Federally Qualified Behavioral Health Centers.--
            ``(1) In general.--The Administrator shall certify, and 
        recertify at least every 5 years, federally qualified 
        behavioral health centers as meeting the criteria specified in 
        this subsection.
            ``(2) Regulations.--Not later than 18 months after the date 
        of the enactment of this section, the Administrator shall issue 
        final regulations for certifying nonprofit or local government 
        centers as centers under paragraph (1).
            ``(3) Criteria.--The criteria referred to in subsection 
        (b)(2) are that the center performs each of the following:
                    ``(A) Provide services in locations that ensure 
                services will be promptly available, be physically 
                accessible, provide reasonable policy modifications, 
                and be provided in a manner which preserves human 
                dignity and assures continuity of care.
                    ``(B) Provide services in a mode of service 
                delivery appropriate for the target population.
                    ``(C) Provide individuals with a choice of service 
                options where there is more than one efficacious 
                treatment.
                    ``(D) Employ a core staff of clinical staff that is 
                multidisciplinary and culturally and linguistically 
                competent.
                    ``(E) Provide services, within the limits of the 
                capacities of the center, to any individual residing or 
                employed in the service area of the center, regardless 
                of the ability of the individual to pay.
                    ``(F) Provide, directly or through contract, to the 
                extent covered for adults in the State Medicaid plan 
                under title XIX of the Social Security Act and for 
                children in accordance with section 1905(r) of such Act 
                regarding early and periodic screening, diagnosis, and 
                treatment, each of the following services:
                            ``(i) Screening, assessment, and diagnosis, 
                        including risk assessment.
                            ``(ii) Person-centered treatment planning 
                        or similar processes, including risk assessment 
                        and crisis planning.
                            ``(iii) Outpatient clinic mental health 
                        services, including screening, assessment, 
                        diagnosis, psychotherapy, substance abuse 
                        counseling, medication management, and 
                        integrated treatment for mental illness and 
                        substance abuse which shall be evidence-based 
                        (including cognitive behavioral therapy and 
                        other such therapies which are evidence-based).
                            ``(iv) Outpatient clinic primary care 
                        services, including screening and monitoring of 
                        key health indicators and health risk 
                        (including screening for diabetes, 
                        hypertension, and cardiovascular disease and 
                        monitoring of weight, height, body mass index 
                        (BMI), blood pressure, blood glucose or HbA1C, 
                        and lipid profile).
                            ``(v) Crisis mental health services, 
                        including 24-hour mobile crisis teams, 
                        emergency crisis intervention services, and 
                        crisis stabilization.
                            ``(vi) Targeted case management (services 
                        to assist individuals gaining access to needed 
                        medical, social, educational, and other home- 
                        and community-based services and applying for 
                        income security and other benefits to which 
                        they may be entitled).
                            ``(vii) Psychiatric rehabilitation services 
                        including skills training, assertive community 
                        treatment, family psychoeducation, disability 
                        self-management, supported employment, 
                        supported housing services, therapeutic foster 
                        care services, and such other evidence-based 
                        practices as the Secretary may require.
                            ``(viii) Peer support and counselor 
                        services and family supports.
                    ``(G) Maintain linkages, and where possible enter 
                into formal contracts with the following:
                            ``(i) Inpatient psychiatric facilities and 
                        substance abuse detoxification and residential 
                        programs.
                            ``(ii) Adult and youth peer support and 
                        counselor services.
                            ``(iii) Family support services for 
                        families of children with serious mental 
                        disorders.
                            ``(iv) Other home- and community-based or 
                        regional services, supports, and providers, 
                        including schools, child welfare agencies, 
                        juvenile and criminal justice agencies and 
                        facilities, housing agencies and programs, 
                        employers, and other social services.
                            ``(v) Onsite or offsite access to primary 
                        care services.
                            ``(vi) Enabling services, including 
                        outreach, transportation, and translation.
                            ``(vii) Health and wellness services, 
                        including services for tobacco cessation.''.
    (b) Medicaid Coverage and Payment for Federally Qualified 
Behavioral Health Center Services.--
            (1) Payment for services provided by federally qualified 
        behavioral health centers.--Section 1902(bb) of the Social 
        Security Act (42 U.S.C. 1396a(bb)) is amended--
                    (A) in the heading, by striking ``and Rural Health 
                Clinics'' and inserting ``, Federally Qualified 
                Behavioral Health Centers, and Rural Health Clinics'';
                    (B) in paragraph (1), by inserting ``(and beginning 
                with fiscal year 2012 with respect to services 
                furnished on or after January 1, 2012, and each 
                succeeding fiscal year, for services described in 
                section 1905(a)(2)(D) furnished by a federally 
                qualified behavioral health center)'' after ``by a 
                rural health clinic'';
                    (C) in paragraph (2)--
                            (i) by striking the heading and inserting 
                        ``Initial fiscal year'';
                            (ii) by inserting ``(or, in the case of 
                        services described in section 1905(a)(2)(D) 
                        furnished by a federally qualified behavioral 
                        health center, for services furnished on and 
                        after January 1, 2012, during fiscal year 
                        2012)'' after ``January 1, 2001, during fiscal 
                        year 2001'';
                            (iii) by inserting ``(or, in the case of 
                        services described in section 1905(a)(2)(D) 
                        furnished by a federally qualified behavioral 
                        health center, during fiscal years 2010 and 
                        2011)'' after ``1999 and 2000''; and
                            (iv) by inserting ``(or, in the case of 
                        services described in section 1905(a)(2)(D) 
                        furnished by a federally qualified behavioral 
                        health center, during fiscal year 2012)'' 
                        before the period;
                    (D) in paragraph (3)--
                            (i) in the heading, by striking ``Fiscal 
                        year 2002 and succeeding'' and inserting 
                        ``Succeeding''; and
                            (ii) by inserting ``(or, in the case of 
                        services described in section 1905(a)(2)(D) 
                        furnished by a federally qualified behavioral 
                        health center, for services furnished during 
                        fiscal year 2013 or a succeeding fiscal year)'' 
                        after ``2002 or a succeeding fiscal year'';
                    (E) in paragraph (4)--
                            (i) by inserting ``(or as a federally 
                        qualified behavioral health center after fiscal 
                        year 2011'' after ``or rural health clinic 
                        after fiscal year 2000'';
                            (ii) by striking ``furnished by the center 
                        or'' and inserting ``furnished by the federally 
                        qualified health center, services described in 
                        section 1905(a)(2)(D) furnished by the 
                        federally qualified behavioral health center, 
                        or'';
                            (iii) in the second sentence, by striking 
                        ``or rural health clinic'' and inserting ``, 
                        federally qualified behavioral health center, 
                        or rural health clinic'';
                    (F) in paragraph (5), in each of subparagraphs (A) 
                and (B), by striking ``or rural health clinic'' and 
                inserting ``, federally qualified behavioral health 
                center, or rural health clinic''; and
                    (G) in paragraph (6), by striking ``or to a rural 
                health clinic'' and inserting ``, to a federally 
                qualified behavioral health center for services 
                described in section 1905(a)(2)(D), or to a rural 
                health clinic''.
            (2) Inclusion of federally qualified behavioral health 
        center services in the term medical assistance.--Section 
        1905(a)(2) of the Social Security Act (42 U.S.C. 1396d(a)(2)) 
        is amended--
                    (A) by striking ``and'' before ``(C)''; and
                    (B) by inserting before the semicolon at the end 
                the following: ``, and (D) federally qualified 
                behavioral health center services (as defined in 
                subsection (l)(4))''.
            (3) Definition of federally qualified behavioral health 
        center services.--Section 1905(l) of the Social Security Act 
        (42 U.S.C. 1396d(l)) is amended by adding at the end the 
        following paragraph:
            ``(4)(A) The term `federally qualified behavioral health 
        center services' means services furnished to an individual at a 
        federally qualified behavioral health center (as defined by 
        subparagraph (B)).
            ``(B) The term `federally qualified behavioral health 
        center' means an entity that is certified under section 1913(c) 
        of the Public Health Service Act as meeting the criteria 
        described in paragraph (3) of such section.''.
    (c) Mental Health and Addiction Safety Net Studies.--
            (1) Paperwork reduction study.--
                    (A) In general.--Not later than 12 months after the 
                date of the enactment of this Act, the Institute of 
                Medicine shall submit to the appropriate committees of 
                Congress a report that evaluates the combined paperwork 
                burden of federally qualified behavioral health centers 
                certified section 1913(c) of the Public Health Service 
                Act, as inserted by subsection (a).
                    (B) Scope.--In preparing the report under 
                subparagraph (A), the Institute of Medicine shall 
                examine licensing, certification, service definitions, 
                claims payment, billing codes, and financial auditing 
                requirements utilized by the Office of Management and 
                Budget, the Centers for Medicare & Medicaid Services, 
                the Health Resources and Services Administration, the 
                Substance Abuse and Mental Health Services 
                Administration, the Office of the Inspector General, 
                State Medicaid agencies, State departments of health, 
                State departments of education, and State and local 
                juvenile justice and social services agencies to--
                            (i) establish an estimate of the combined 
                        nationwide cost of complying with the 
                        requirements described in this subparagraph, in 
                        terms of both administrative funding and staff 
                        time;
                            (ii) establish an estimate of the per 
                        capita cost to each federally qualified 
                        behavioral health center certified under 
                        section 1913(c) of the Public Health Service 
                        Act to comply with the requirements described 
                        in this subparagraph, in terms of both 
                        administrative funding and staff time; and
                            (iii) make administrative and statutory 
                        recommendations to Congress, which may include 
                        a uniform methodology, to reduce the paperwork 
                        burden experienced by such federally qualified 
                        behavioral health centers.
                    (C) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                subsection $550,000 for each of the fiscal years 2012 
                and 2013.
            (2) Wage study.--
                    (A) In general.--Not later than 12 months after the 
                date of the enactment of this Act, the Institute of 
                Medicine shall conduct a nationwide analysis, and 
                submit a report to the appropriate committees of 
                Congress, concerning the compensation structure of 
                professional and paraprofessional personnel employed by 
                federally qualified behavioral health centers certified 
                under section 1913(c) of the Public Health Service Act, 
                as inserted by subsection (a), as compared with the 
                compensation structure of comparable health safety net 
                providers and relevant private sector health care 
                employers.
                    (B) Scope.--In preparing the report under 
                subparagraph (A), the Institute of Medicine shall 
                examine compensation disparities, if such disparities 
                are determined to exist, by type of personnel, type of 
                provider or private sector employer, and by geographic 
                region.
                    (C) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph, $550,000 for each of the fiscal years 2012 
                and 2013.

SEC. 603. MINORITY FELLOWSHIP PROGRAM.

    Title V of the Public Health Service Act is amended by inserting 
after section 506B of such Act (42 U.S.C. 290aa-5b) the following:

``SEC. 506C. MINORITY FELLOWSHIP PROGRAM.

    ``(a) Fellowships.--The Administrator shall maintain a program, to 
be known as the Minority Fellowship Program, under which the 
Administrator awards grants or contracts to national associations or 
other appropriate entities for the financial support of graduate 
students, postdoctoral fellows, and residents in the professions of 
psychology, psychiatry, social work, psychiatric advance-practice 
nursing, and marriage and family therapy to students who demonstrate a 
commitment to clinical or research careers focused on racial and ethnic 
minority populations.
    ``(b) Term of Financial Support.--Financial support provided to an 
individual pursuant to subsection (a) shall be for a term of not more 
than 12 months and may be renewed thereafter.
    ``(c) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $10,000,000 for each of fiscal 
years 2012 through 2016''.

SEC. 604. INTEGRATED HEALTH CARE DEMONSTRATION PROGRAM.

    Part D of title V of the Public Health Service Act (42 U.S.C. 290dd 
et seq.) is amended by adding at the end the following:

``SEC. 544. INTERPROFESSIONAL HEALTH CARE TEAMS FOR PROVISION OF 
              BEHAVIORAL HEALTH CARE IN PRIMARY CARE SETTINGS.

    ``(a) Grants.--The Secretary, acting through the Director of the 
Office of Minority Health of the Administration, shall award grants to 
eligible entities for the purpose of providing technical assistance and 
training regarding the effective development and implementation of 
integrated interprofessional health care teams that provide behavioral 
health care.
    ``(b) Eligible Entities.--To be eligible to receive a grant under 
this section, an entity shall be a federally qualified health center 
(as defined in section 1861(aa) of the Social Security Act) serving a 
high proportion of individuals from racial and ethnic minority groups 
(as defined in section 1707(g)).
    ``(c) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $20,000,000 for each of fiscal 
years 2012 through 2014.''.

SEC. 605. ADDRESSING RACIAL AND ETHNIC MINORITY MENTAL HEALTH 
              DISPARITIES RESEARCH GAPS.

    Not later than 6 months after the date of the enactment of this 
Act, the Director of the National Institute on Minority Health and 
Health Disparities shall enter into an arrangement with the Institute 
of Medicine (or, if the Institute declines to enter into such an 
arrangement, another appropriate entity)--
            (1) to conduct a study with respect to mental and 
        behavioral health disparities in racial and ethnic minority 
        groups (as defined in section 1707(g) of the Public Health 
        Service Act (42 U.S.C. 300u-6(g)); and
            (2) to submit to the Congress a report on the results of 
        such study, including--
                    (A) a compilation of information on the dynamics of 
                mental disorders in such racial and ethnic minority 
                groups;
                    (B) an identification of gaps in knowledge and 
                research needs; and
                    (C) recommendations for an interprofessional 
                research agenda at the National Institutes of Health 
                aimed at reducing and ultimately eliminating mental and 
                behavioral health disparities in such racial and ethnic 
                minority groups.

          TITLE VII--ADDRESSING HIGH IMPACT MINORITY DISEASES

                           Subtitle A--Cancer

SEC. 701. LUNG CANCER MORTALITY REDUCTION.

    (a) Short Title.--This section may be cited as the ``Lung Cancer 
Mortality Reduction Act of 2011''.
    (b) Findings.--Congress makes the following findings:
            (1) Lung cancer is the leading cause of cancer death for 
        both men and women, accounting for 28 percent of all cancer 
        deaths.
            (2) Lung cancer kills more people annually than breast 
        cancer, prostate cancer, colon cancer, liver cancer, melanoma, 
        and kidney cancer combined.
            (3) Since the National Cancer Act of 1971 (Public Law 92-
        218; 85 Stat. 778), coordinated and comprehensive research has 
        raised the 5-year survival rates for breast cancer to 88 
        percent, for prostate cancer to 99 percent, and for colon 
        cancer to 64 percent.
            (4) However, the 5-year survival rate for lung cancer is 
        still only 15 percent and a similar coordinated and 
        comprehensive research effort is required to achieve increases 
        in lung cancer survivability rates.
            (5) Sixty percent of lung cancer cases are now diagnosed 
        nonsmokers or former smokers.
            (6) Two-thirds of nonsmokers diagnosed with lung cancer are 
        women.
            (7) Certain minority populations, such as African-American 
        males, have disproportionately high rates of lung cancer 
        incidence and mortality, notwithstanding their similar smoking 
        rate.
            (8) Members of the baby boomer generation are entering 
        their sixties, the most common age at which people develop lung 
        cancer.
            (9) Tobacco addiction and exposure to other lung cancer 
        carcinogens such as Agent Orange and other herbicides and 
        battlefield emissions are serious problems among military 
        personnel and war veterans.
            (10) Significant and rapid improvements in lung cancer 
        mortality can be expected through greater use and access to 
        lung cancer screening tests for at-risk individuals.
            (11) Additional strategies are necessary to further enhance 
        the existing tests and therapies available to diagnose and 
        treat lung cancer in the future.
            (12) The August 2001 Report of the Lung Cancer Progress 
        Review Group of the National Cancer Institute stated that 
        funding for lung cancer research was ``far below the levels 
        characterized for other common malignancies and far out of 
        proportion to its massive health impact''.
            (13) The Report of the Lung Cancer Progress Review Group 
        identified as its ``highest priority'' the creation of 
        integrated, multidisciplinary, multi-institutional research 
        consortia organized around the problem of lung cancer rather 
        than around specific research disciplines.
            (14) The United States must enhance its response to the 
        issues raised in the Report of the Lung Cancer Progress Review 
        Group, and this can be accomplished through the establishment 
        of a coordinated effort designed to reduce the lung cancer 
        mortality rate by 50 percent by 2015 and targeted funding to 
        support this coordinated effort.
    (c) Sense of Congress Concerning Investment in Lung Cancer 
Research.--It is the sense of the Congress that--
            (1) lung cancer mortality reduction should be made a 
        national public health priority; and
            (2) a comprehensive mortality reduction program coordinated 
        by the Secretary of Health and Human Services is justified and 
        necessary to adequately address and reduce lung cancer 
        mortality.
    (d) Lung Cancer Mortality Reduction Program.--
            (1) In general.--Subpart 1 of part C of title IV of the 
        Public Health Service Act (42 U.S.C. 285 et seq.) is amended by 
        adding at the end the following:

``SEC. 417H. LUNG CANCER MORTALITY REDUCTION PROGRAM.

    ``(a) In General.--Not later than 6 months after the date of the 
enactment of this section, the Secretary, in consultation with the 
Secretary of Defense, the Secretary of Veterans Affairs, the Director 
of the National Institutes of Health, the Director of the Centers for 
Disease Control and Prevention, the Commissioner of Food and Drugs, the 
Administrator of the Centers for Medicare & Medicaid Services, the 
Director of the National Institute on Minority Health and Health 
Disparities, and other members of the Lung Cancer Advisory Board 
established under section 546 of the Lung Cancer Mortality Reduction 
Act of 2011, shall implement a comprehensive program, to be known as 
the Lung Cancer Mortality Reduction Program, to achieve a reduction of 
at least 25 percent in the mortality rate of lung cancer by 2017.
    ``(b) Requirements.--The Program shall include at least the 
following:
            ``(1) With respect to the National Institutes of Health--
                    ``(A) a strategic review and prioritization by the 
                National Cancer Institute of research grants to achieve 
                the goal of the Lung Cancer Mortality Reduction Program 
                in reducing lung cancer mortality;
                    ``(B) the provision of funds to enable the Airway 
                Biology and Disease Branch of the National Heart, Lung, 
                and Blood Institute to expand its research programs to 
                include predispositions to lung cancer, the 
                interrelationship between lung cancer and other 
                pulmonary and cardiac disease, and the diagnosis and 
                treatment of these interrelationships;
                    ``(C) the provision of funds to enable the National 
                Institute of Biomedical Imaging and Bioengineering to 
                expedite the development of computer assisted 
                diagnostic, surgical, treatment, and drug-testing 
                innovations to reduce lung cancer mortality, such as 
                through expansion of the Institute's Quantum Grant 
                Program and Image-Guided Interventions programs; and
                    ``(D) the provision of funds to enable the National 
                Institute of Environmental Health Sciences to implement 
                research programs relative to the lung cancer 
                incidence.
            ``(2) With respect to the Food and Drug Administration--
                    ``(A) activities under section 529 of the Federal 
                Food, Drug, and Cosmetic Act; and
                    ``(B) activities under section 561 of the Federal 
                Food, Drug, and Cosmetic Act to expand access to 
                investigational drugs and devices for the diagnosis, 
                monitoring, or treatment of lung cancer.
            ``(3) With respect to the Centers for Disease Control and 
        Prevention, the establishment of an early disease research and 
        management program under section 1511.
            ``(4) With respect to the Agency for Healthcare Research 
        and Quality, the conduct of a biannual review of lung cancer 
        screening, diagnostic, and treatment protocols, and the 
        issuance of updated guidelines.
            ``(5) The cooperation and coordination of all minority and 
        health disparity programs within the Department of Health and 
        Human Services to ensure that all aspects of the Lung Cancer 
        Mortality Reduction Program under this section adequately 
        address the burden of lung cancer on minority and rural 
        populations.
            ``(6) The cooperation and coordination of all tobacco 
        control and cessation programs within agencies of the 
        Department of Health and Human Services to achieve the goals of 
        the Lung Cancer Mortality Reduction Program under this section 
        with particular emphasis on the coordination of drug and other 
        cessation treatments with early detection protocols.''.
            (2) Federal food, drug, and cosmetic act.--Subchapter B of 
        chapter V of the Federal Food, Drug, and Cosmetic Act (21 
        U.S.C. 360aaa et seq.) is amended by adding at the end the 
        following:

                    ``drugs relating to lung cancer

    ``Sec. 529.  (a) In General.--The provisions of this subchapter 
shall apply to a drug described in subsection (b) to the same extent 
and in the same manner as such provisions apply to a drug for a rare 
disease or condition.
    ``(b) Qualified Drugs.--A drug described in this subsection is--
            ``(1) a chemoprevention drug for precancerous conditions of 
        the lung;
            ``(2) a drug for targeted therapeutic treatments, including 
        any vaccine, for lung cancer; and
            ``(3) a drug to curtail or prevent nicotine addiction.
    ``(c) Board.--The Board established under the Lung Cancer Mortality 
Reduction Act of 2011 shall monitor the program implemented under this 
section.''.
            (3) Access to unapproved therapies.--Section 561(e) of the 
        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb(e)) is 
        amended by inserting before the period the following: ``and 
        shall include expanding access to drugs under section 529, with 
        substantial consideration being given to whether the totality 
        of information available to the Secretary regarding the safety 
        and effectiveness of an investigational drug, as compared to 
        the risk of morbidity and death from the disease, indicates 
        that a patient may obtain more benefit than risk if treated 
        with the drug''.
            (4) CDC.--Title XV of the Public Health Service Act (42 
        U.S.C. 300k et seq.) is amended by adding at the end the 
        following:

``SEC. 1511. EARLY DISEASE RESEARCH AND MANAGEMENT PROGRAM.

    ``The Secretary shall establish and implement an early disease 
research and management program targeted at the high incidence and 
mortality rates of lung cancer among minority and low-income 
populations.''.
    (e) Department of Defense and the Department of Veterans Affairs.--
The Secretary of Defense and the Secretary of Veterans Affairs shall 
coordinate with the Secretary of Health and Human Services--
            (1) in the development of the Lung Cancer Mortality 
        Reduction Program under section 417H;
            (2) in the implementation within the Department of Defense 
        and the Department of Veterans Affairs of an early detection 
        and disease management research program for military personnel 
        and veterans whose smoking history and exposure to carcinogens 
        during active duty service has increased their risk for lung 
        cancer; and
            (3) in the implementation of coordinated care programs for 
        military personnel and veterans diagnosed with lung cancer.
    (f) Lung Cancer Advisory Board.--
            (1) In general.--The Secretary of Health and Human Services 
        shall convene a Lung Cancer Advisory Board (referred to in this 
        section as the ``Board'')--
                    (A) to monitor the programs established under this 
                section (and the amendments made by this section); and
                    (B) to provide annual reports to the Congress 
                concerning benchmarks, expenditures, lung cancer 
                statistics, and the public health impact of such 
                programs.
            (2) Composition.--The Board shall be composed of--
                    (A) the Secretary of Health and Human Services;
                    (B) the Secretary of Defense;
                    (C) the Secretary of Veterans Affairs; and
                    (D) two representatives each from the fields of 
                clinical medicine focused on lung cancer, lung cancer 
                research, imaging, drug development, and lung cancer 
                advocacy, to be appointed by the Secretary of Health 
                and Human Services.
    (g) Authorization of Appropriations.--
            (1) In general.--To carry out this section (and the 
        amendments made by this section), there are authorized to be 
        appropriated such sums as may be necessary for each of fiscal 
        years 2012 through 2016.
            (2) Lung cancer mortality reduction program.--Of the 
        amounts authorized to be appropriated by subsection (a), there 
        are authorized to be appropriated--
                    (A) $25,000,000 for fiscal year 2012, and such sums 
                as may be necessary for each of fiscal years 2013 
                through 2016, for the activities described in section 
                417H(b)(1)(B) of the Public Health Service Act, as 
                added by subsection (d)(1);
                    (B) $25,000,000 for fiscal year 2012, and such sums 
                as may be necessary for each of fiscal years 2013 
                through 2016, for the activities described in section 
                417H(b)(1)(C) of such Act;
                    (C) $10,000,000 for fiscal year 2012, and such sums 
                as may be necessary for each of fiscal years 2013 
                through 2016, for the activities described in section 
                417H(b)(1)(D) of such Act; and
                    (D) $15,000,000 for fiscal year 2012, and such sums 
                as may be necessary for each of fiscal years 2013 
                through 2016, for the activities described in section 
                417H(b)(3) of such Act.

SEC. 702. EXPANDING PROSTATE CANCER RESEARCH, OUTREACH, SCREENING, 
              TESTING, ACCESS, AND TREATMENT EFFECTIVENESS.

    (a) Short Title.--This section may be cited as the ``Prostate 
Research, Outreach, Screening, Testing, Access, and Treatment 
Effectiveness Act of 2011'' or the ``PROSTATE Act''.
    (b) Findings.--Congress makes the following findings:
            (1) Prostate cancer is the second leading cause of cancer 
        death among men.
            (2) In 2010, more than 217,730 new patients were diagnosed 
        with prostate cancer and more than 32,000 men died from this 
        disease.
            (3) Roughly 2,000,000 Americans are living with a diagnosis 
        of prostate cancer and its consequences.
            (4) While prostate cancer generally affects older 
        individuals, younger men are also at risk for the disease, and 
        when prostate cancer appears in early middle age it frequently 
        takes on a more aggressive form.
            (5) There are significant racial and ethnic disparities 
        that demand attention, namely African-Americans have prostate 
        cancer mortality rates that are more than double those in the 
        White population.
            (6) Underserved rural populations have higher rates of 
        mortality compared to their urban counterparts, and innovative 
        and cost-efficient methods to improve rural access to high 
        quality care should take advantage of advances in telehealth to 
        diagnose and treat prostate cancer when appropriate.
            (7) Certain veterans populations may have nearly twice the 
        incidence of prostate cancer as the general population of the 
        United States.
            (8) Urologists may constitute the specialists who diagnose 
        and treat the vast majority of prostate cancer patients.
            (9) Although much basic and translational research has been 
        completed and much is currently known, there are still many 
        unanswered questions. For example, it is not fully understood 
        how much of known disparities are attributable to disease 
        etiology, access to care, or education and awareness in the 
        community.
            (10) Causes of prostate cancer are not known. There is not 
        good information regarding how to differentiate accurately, 
        early on, between aggressive and indolent forms of the disease. 
        As a result, there is significant overtreatment in prostate 
        cancer. There are no treatments that can durably arrest growth 
        or cure prostate cancer once it has metastasized.
            (11) A significant proportion (roughly 23 to 54 percent) of 
        cases may be clinically indolent and ``overdiagnosed'', 
        resulting in significant overtreatment. More accurate tests 
        will allow men and their families to face less physical, 
        psychological, financial, and emotional trauma and billions of 
        dollars could be saved in private and public health care 
        systems in an area that has been identified by the Medicare 
        program as one of eight high-volume, high-cost areas in the 
        Resource Utilization Report program authorized by Congress 
        under the Medicare Improvements for Patients and Providers Act 
        of 2008.
            (12) Prostate cancer research and health care programs 
        across Federal agencies should be coordinated to improve 
        accountability and actively encourage the translation of 
        research into practice, to identify and implement best 
        practices, in order to foster an integrated and consistent 
        focus on effective prevention, diagnosis, and treatment of this 
        disease.
    (c) Prostate Cancer Coordination and Education.--
            (1) Interagency prostate cancer coordination and education 
        task force.--Not later than 180 days after the date of the 
        enactment of this section, the Secretary of Veterans Affairs, 
        in cooperation with the Secretary of Defense and the Secretary 
        of Health and Human Services, shall establish an Interagency 
        Prostate Cancer Coordination and Education Task Force (in this 
        section referred to as the ``Prostate Cancer Task Force'').
            (2) Duties.--The Prostate Cancer Task Force shall--
                    (A) develop a summary of advances in prostate 
                cancer research supported or conducted by Federal 
                agencies relevant to the diagnosis, prevention, and 
                treatment of prostate cancer, including psychosocial 
                impairments related to prostate cancer treatment, and 
                compile a list of best practices that warrant broader 
                adoption in health care programs;
                    (B) consider establishing, and advocating for, a 
                guidance to enable physicians to allow screening of men 
                who are over age 74, on a case-by-case basis, taking 
                into account quality of life and family history of 
                prostate cancer;
                    (C) share and coordinate information on Federal 
                research and health care program activities, including 
                activities related to--
                            (i) determining how to improve research and 
                        health care programs, including psychosocial 
                        impairments related to prostate cancer 
                        treatment;
                            (ii) identifying any gaps in the overall 
                        research inventory and in health care programs;
                            (iii) identifying opportunities to promote 
                        translation of research into practice; and
                            (iv) maximizing the effects of Federal 
                        efforts by identifying opportunities for 
                        collaboration and leveraging of resources in 
                        research and health care programs that serve 
                        those susceptible to or diagnosed with prostate 
                        cancer;
                    (D) develop a comprehensive interagency strategy 
                and advise relevant Federal agencies in the 
                solicitation of proposals for collaborative, 
                multidisciplinary research and health care programs, 
                including proposals to evaluate factors that may be 
                related to the etiology of prostate cancer, that 
                would--
                            (i) result in innovative approaches to 
                        study emerging scientific opportunities or 
                        eliminate knowledge gaps in research to improve 
                        the prostate cancer research portfolio of the 
                        Federal Government;
                            (ii) outline key research questions, 
                        methodologies, and knowledge gaps; and
                            (iii) ensure consistent action, as outlined 
                        by section 402(b) of the Public Health Service 
                        Act;
                    (E) develop a coordinated message related to 
                screening and treatment for prostate cancer to be 
                reflected in educational and beneficiary materials for 
                Federal health programs as such documents are updated; 
                and
                    (F) not later than 2 years after the date of the 
                establishment of the Prostate Cancer Task Force, submit 
                to the Expert Advisory Panel to be reviewed and 
                returned within 30 days, and then within 90 days 
                submitted to Congress recommendations--
                            (i) regarding any appropriate changes to 
                        research and health care programs, including 
                        recommendations to improve the research 
                        portfolio of the Department of Veterans 
                        Affairs, Department of Defense, National 
                        Institutes of Health, and other Federal 
                        agencies to ensure that scientifically based 
                        strategic planning is implemented in support of 
                        research and health care program priorities;
                            (ii) designed to ensure that the research 
                        and health care programs and activities of the 
                        Department of Veterans Affairs, the Department 
                        of Defense, the Department of Health and Human 
                        Services, and other Federal agencies are free 
                        of unnecessary duplication;
                            (iii) regarding public participation in 
                        decisions relating to prostate cancer research 
                        and health care programs to increase the 
                        involvement of patient advocates, community 
                        organizations, and medical associations 
                        representing a broad geographical area;
                            (iv) on how to best disseminate information 
                        on prostate cancer research and progress 
                        achieved by health care programs;
                            (v) about how to expand partnerships 
                        between public entities, including Federal 
                        agencies, and private entities to encourage 
                        collaborative, cross-cutting research and 
                        health care delivery;
                            (vi) assessing any cost savings and 
                        efficiencies realized through the efforts 
                        identified and supported in this section and 
                        recommending expansion of those efforts that 
                        have proved most promising while also ensuring 
                        against any conflicts in directives from other 
                        congressional or statutory mandates or enabling 
                        statutes;
                            (vii) identifying key priority action items 
                        from among the recommendations; and
                            (viii) with respect to the level of funding 
                        needed by each agency to implement the 
                        recommendations contained in the report.
            (3) Members of the prostate cancer task force.--The 
        Prostate Cancer Task Force described in subsection (a) shall be 
        composed of representatives from such Federal agencies, as each 
        Secretary determines necessary, to coordinate a uniform message 
        relating to prostate cancer screening and treatment where 
        appropriate, including representatives of the following:
                    (A) The Department of Veterans Affairs, including 
                representatives of each relevant program areas of the 
                Department of Veterans Affairs.
                    (B) The Prostate Cancer Research Program of the 
                Congressionally Directed Medical Research Program of 
                the Department of Defense.
                    (C) The Department of Health and Human Services, 
                including at a minimum representatives of the 
                following:
                            (i) The National Institutes of Health.
                            (ii) National research institutes and 
                        centers, including the National Cancer 
                        Institute, the National Institute of Allergy 
                        and Infectious Diseases, and the Office of 
                        Minority Health.
                            (iii) The Centers for Medicare & Medicaid 
                        Services.
                            (iv) The Food and Drug Administration.
                            (v) The Centers for Disease Control and 
                        Prevention.
                            (vi) The Agency for Healthcare Research and 
                        Quality.
                            (vii) The Health Resources and Services 
                        Administration.
            (4) Appointing expert advisory panels.--The Prostate Cancer 
        Task Force shall appoint expert advisory panels, as determined 
        appropriate, to provide input and concurrence from individuals 
        and organizations from the medical, prostate cancer patient and 
        advocate, research, and delivery communities with expertise in 
        prostate cancer diagnosis, treatment, and research, including 
        practicing urologists, primary care providers, and others and 
        individuals with expertise in education and outreach to 
        underserved populations affected by prostate cancer.
            (5) Meetings.--The Prostate Cancer Task Force shall convene 
        not less than twice a year, or more frequently as the Secretary 
        determines to be appropriate.
            (6) Submission of recommendations to congress.--The 
        Secretary of Veterans Affairs shall submit to Congress any 
        recommendations submitted to the Secretary under paragraph 
        (2)(E).
            (7) Federal advisory committee act.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Federal Advisory Committee Act (5 U.S.C. App.) 
                shall apply to the Prostate Cancer Task Force.
                    (B) Exception.--Section 14(a)(2)(B) of such Act 
                (relating to the termination of advisory committees) 
                shall not apply to the Prostate Cancer Task Force.
            (8) Sunset date.--The Prostate Cancer Task Force shall 
        terminate at the end of fiscal year 2016.
    (d) Prostate Cancer Research.--
            (1) Research coordination.--The Secretary of Veterans 
        Affairs, in coordination with the Secretaries of Defense and of 
        Health and Human Services, shall establish and carry out a 
        program to coordinate and intensify prostate cancer research as 
        needed. Specifically, such research program shall--
                    (A) develop advances in diagnostic and prognostic 
                methods and tests, including biomarkers and an improved 
                prostate cancer screening blood test, including 
                improvements or alternatives to the prostate specific 
                antigen test and additional tests to distinguish 
                indolent from aggressive disease;
                    (B) better understand the etiology of the disease 
                (including an analysis of lifestyle factors proven to 
                be involved in higher rates of prostate cancer, such as 
                obesity and diet, and in different ethnic, racial, and 
                socioeconomic groups, such as the African-American, 
                Latin-American, and American Indian populations and men 
                with a family history of prostate cancer) to improve 
                prevention efforts;
                    (C) expand basic research into prostate cancer, 
                including studies of fundamental molecular and cellular 
                mechanisms;
                    (D) identify and provide clinical testing of novel 
                agents for the prevention and treatment of prostate 
                cancer;
                    (E) establish clinical registries for prostate 
                cancer;
                    (F) use the National Institute of Biomedical 
                Imaging and Bioengineering and the National Cancer 
                Institute for assessment of appropriate imaging 
                modalities; and
                    (G) address such other matters relating to prostate 
                cancer research as may be identified by the Federal 
                agencies participating in the program under this 
                section.
            (2) Prostate cancer advisory board.--There is established 
        in the Office of the Chief Scientist of the Food and Drug 
        Administration a Prostate Cancer Scientific Advisory Board. 
        Such board shall be responsible for accelerating real-time 
        sharing of the latest research data and accelerating movement 
        of new medicines to patients.
            (3) Underserved minority grant program.--In carrying out 
        such program, the Secretary shall--
                    (A) award grants to eligible entities to carry out 
                components of the research outlined in paragraph (1);
                    (B) integrate and build upon existing knowledge 
                gained from comparative effectiveness research; and
                    (C) recognize and address--
                            (i) the racial and ethnic disparities in 
                        the incidence and mortality rates of prostate 
                        cancer and men with a family history of 
                        prostate cancer;
                            (ii) any barriers in access to care and 
                        participation in clinical trials that are 
                        specific to racial, ethnic, and other 
                        underserved minorities and men with a family 
                        history of prostate cancer;
                            (iii) needed outreach and educational 
                        efforts to raise awareness in these 
                        communities; and
                            (iv) appropriate access and utilization of 
                        imaging modalities.
    (e) Telehealth and Rural Access Pilot Project.--
            (1) In general.--The Secretary of Veterans Affairs, the 
        Secretary of Defense, and the Secretary of Health and Human 
        Services (in this section referred to as the ``Secretaries'') 
        shall establish 4-year telehealth pilot projects for the 
        purpose of analyzing the clinical outcomes and cost 
        effectiveness associated with telehealth services in a variety 
        of geographic areas that contain high proportions of medically 
        underserved populations, including African-Americans, Latin-
        Americans, American Indians, and those in rural areas. Such 
        projects shall promote efficient use of specialist care through 
        better coordination of primary care and physician extender 
        teams in underserved areas and more effectively employ tumor 
        boards to better counsel patients.
            (2) Eligible entities.--
                    (A) In general.--The Secretaries shall select 
                eligible entities to participate in the pilot projects 
                under this section.
                    (B) Priority.--In selecting eligible entities to 
                participate in the pilot projects under this section, 
                the Secretaries shall give priority to such entities 
                located in medically underserved areas, particularly 
                those that include African-Americans, Latin-Americans, 
                and facilities of the Indian Health Service, and those 
                in rural areas.
            (3) Evaluation.--The Secretaries shall, through the pilot 
        projects, evaluate--
                    (A) the effective and economic delivery of care in 
                diagnosing and treating prostate cancer with the use of 
                telehealth services in medically underserved and tribal 
                areas including collaborative uses of health 
                professionals and integration of the range of 
                telehealth and other technologies;
                    (B) the effectiveness of improving the capacity of 
                nonmedical providers and nonspecialized medical 
                providers to provide health services for prostate 
                cancer in medically underserved and tribal areas, 
                including the exploration of innovative medical home 
                models with collaboration between urologists, other 
                relevant medical specialists, including oncologists, 
                radiologists, and primary care teams and coordination 
                of care through the efficient use of primary care teams 
                and physician extenders; and
                    (C) the effectiveness of using telehealth services 
                to provide prostate cancer treatment in medically 
                underserved areas, including the use of tumor boards to 
                facilitate better patient counseling.
            (4) Report.--Not later than 12 months after the completion 
        of the pilot projects under this subsection, the Secretaries 
        shall submit to Congress a report describing the outcomes of 
        such pilot projects, including any cost savings and 
        efficiencies realized, and providing recommendations, if any, 
        for expanding the use of telehealth services.
    (f) Education and Awareness.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        develop a national education campaign for prostate cancer. Such 
        campaign shall involve the use of written educational materials 
        and public service announcements consistent with the findings 
        of the Prostate Cancer Task Force under subsection (c), that 
        are intended to encourage men to seek prostate cancer screening 
        when appropriate.
            (2) Racial disparities and the population of men with a 
        family history of prostate cancer.--In developing the national 
        campaign under paragraph (1), the Secretary shall ensure that 
        such educational materials and public service announcements are 
        more readily available in communities experiencing racial 
        disparities in the incidence and mortality rates of prostate 
        cancer and by men of any race classification with a family 
        history of prostate cancer.
            (3) Grants.--In carrying out the national campaign under 
        this section, the Secretary shall award grants to nonprofit 
        private entities to enable such entities to test alternative 
        outreach and education strategies.
    (g) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section for the period of fiscal years 2012 
        through 2016 an amount equal to the savings described in 
        paragraph (2).
            (2) Corresponding reduction.--The amount authorized to be 
        appropriated by provisions of law other than this section for 
        the period of fiscal years 2012 through 2016 for Federal 
        research and health care program activities related to prostate 
        cancer is reduced by the amount of Federal savings projected to 
        be achieved over such period by implementation of subsection 
        (c)(2)(C) of this section.

SEC. 703. IMPROVED MEDICAID COVERAGE FOR CERTAIN BREAST AND CERVICAL 
              CANCER PATIENTS IN THE TERRITORIES.

    (a) Elimination of Funding Limitations.--
            (1) In general.--Section 1108(g)(4) of the Social Security 
        Act (42 U.S.C. 1308(g)(4)) is amended by adding at the end the 
        following: ``With respect to fiscal years beginning with fiscal 
        year 2012, payment for medical assistance for individuals who 
        are eligible for such assistance only on the basis of section 
        1902(a)(10)(A)(ii)(XVIII) shall not be taken into account in 
        applying subsection (f) (as increased in accordance with 
        paragraphs (1), (2), and (3) of this subsection) to such 
        commonwealth or territory for such fiscal year.''.
            (2) Technical amendment.--Such section is further amended 
        by striking ``(3), and (4)'' and inserting ``and (3)''.
    (b) Application of Enhanced FMAP for Highest State.--Section 
1905(b) of such Act (42 U.S.C. 1396d(b)) is amended by adding at the 
end the following: ``Notwithstanding the first sentence of this 
subsection, with respect to medical assistance described in clause (4) 
of such sentence that is furnished in Puerto Rico, the United States 
Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, 
or American Samoa in a fiscal year, the Federal medical assistance 
percentage is equal to the highest such percentage applied under such 
clause for such fiscal year for any of the 50 States or the District of 
Columbia that provides such medical assistance for any portion of such 
fiscal year.''
    (c) Effective Date.--The amendments made by this section shall 
apply to payment for medical assistance for items and services 
furnished on or after October 1, 2011.

SEC. 704. CANCER PREVENTION AND TREATMENT DEMONSTRATION FOR ETHNIC AND 
              RACIAL MINORITIES.

    (a) Demonstration.--
            (1) In general.--The Secretary of Health and Human Services 
        (in this section referred to as the ``Secretary'') shall 
        conduct demonstration projects (in this section referred to as 
        ``demonstration projects'') for the purpose of developing 
        models and evaluating methods that--
                    (A) improve the quality of items and services 
                provided to target individuals in order to facilitate 
                reduced disparities in early detection and treatment of 
                cancer;
                    (B) improve clinical outcomes, satisfaction, 
                quality of life, and appropriate use of Medicare-
                covered services and referral patterns among those 
                target individuals with cancer;
                    (C) eliminate disparities in the rate of preventive 
                cancer screening measures, such as Pap smears, prostate 
                cancer screenings, and CT scans for lung cancer among 
                target individuals;
                    (D) promote collaboration with community-based 
                organizations to ensure cultural competency of health 
                care professionals and linguistic access for persons 
                with limited-English proficiency; and
                    (E) encourage the incorporation of community health 
                workers to increase the efficiency and appropriateness 
                of cervical cancer programs.
            (2) Community health worker defined.--In this section, the 
        term ``community health worker'' includes a community health 
        advocate, a lay health worker, a community health 
        representative, a peer health promotor, a community health 
        outreach workers, and promotores de salud, who promotes health 
        or nutrition within the community in which the individual 
        resides.
            (3) Target individual defined.--In this section, the term 
        ``target individual'' means an individual of a racial and 
        ethnic minority group, as defined in section 1707(g)(1) of the 
        Public Health Service Act (42 U.S.C. 300u-6(g)(1)), who is 
        entitled to benefits under part A, and enrolled under part B, 
        of title XVIII of the Social Security Act.
    (b) Program Design.--
            (1) Initial design.--Not later than 1 year after the date 
        of the enactment of this Act, the Secretary shall evaluate best 
        practices in the private sector, community programs, and 
        academic research of methods that reduce disparities among 
        individuals of racial and ethnic minority groups in the 
        prevention and treatment of cancer and shall design the 
        demonstration projects based on such evaluation.
            (2) Number and project areas.--Not later than 2 years after 
        the date of the enactment of this Act, the Secretary shall 
        implement at least nine demonstration projects, including the 
        following:
                    (A) Two projects for each of the four following 
                major racial and ethnic minority groups:
                            (i) American Indians and Alaska Natives, 
                        Eskimos and Aleuts.
                            (ii) Asian-Americans.
                            (iii) Blacks/African-Americans.
                            (iv) Hispanic/Latin-Americans.
                            (v) Native Hawaiians and other Pacific 
                        Islanders.
                The two projects must target different ethnic 
                subpopulations.
                    (B) One project within the Pacific Islands or 
                United States insular areas.
                    (C) At least one project each in a rural area and 
                inner-city area.
            (3) Expansion of projects; implementation of demonstration 
        project results.--If the initial report under subsection (c) 
        contains an evaluation that demonstration projects--
                    (A) reduce expenditures under the Medicare program 
                under title XVIII of the Social Security Act; or
                    (B) do not increase expenditures under the Medicare 
                program and reduce racial and ethnic health disparities 
                in the quality of health care services provided to 
                target individuals and increase satisfaction of 
                beneficiaries and health care providers;
        the Secretary shall continue the existing demonstration 
        projects and may expand the number of demonstration projects.
    (c) Report to Congress.--
            (1) In general.--Not later than 2 years after the date the 
        Secretary implements the initial demonstration projects, and 
        biannually thereafter, the Secretary shall submit to Congress a 
        report regarding the demonstration projects.
            (2) Contents of report.--Each report under paragraph (1) 
        shall include the following:
                    (A) A description of the demonstration projects.
                    (B) An evaluation of--
                            (i) the cost effectiveness of the 
                        demonstration projects;
                            (ii) the quality of the health care 
                        services provided to target individuals under 
                        the demonstration projects; and
                            (iii) beneficiary and health care provider 
                        satisfaction under the demonstration projects.
                    (C) Any other information regarding the 
                demonstration projects that the Secretary determines to 
                be appropriate.
    (d) Waiver Authority.--The Secretary shall waive compliance with 
the requirements of title XVIII of the Social Security Act to such 
extent and for such period as the Secretary determines is necessary to 
conduct demonstration projects.

SEC. 705. REDUCING CANCER DISPARITIES WITHIN MEDICARE.

    (a) Development of Measures of Disparities in Quality of Cancer 
Care.--
            (1) Development of measures.--The Secretary of Health and 
        Human Services (in this section referred to as the 
        ``Secretary'') shall enter into an agreement with the National 
        Quality Forum under which the National Quality Forum shall 
        develop a uniform set of measures to evaluate disparities in 
        the quality of cancer care, endorse such set of measures 
        through its multistakeholder consensus development process, and 
        annually update such set of measures.
            (2) Measures to be included.--Such set of measures shall 
        include, with respect to the treatment of cancer, measures of 
        patient outcomes, the process for delivering medical care 
        related to such treatment, patient counseling and engagement in 
        decisionmaking, patient experience of care, resource use, and 
        practice capabilities, such as care coordination.
    (b) Establishment of Reporting Process.--
            (1) In general.--The Secretary shall establish a reporting 
        process that provides for a method for health care providers 
        specified under paragraph (2) to submit to the Secretary and 
        make public data on the performance of such providers during 
        each reporting period through use of the measures developed 
        pursuant to subsection (a). Such data shall be submitted in a 
        form and manner and at a time specified by the Secretary.
            (2) Specification of providers to report on measures.--The 
        Secretary shall specify the classes of Medicare providers of 
        services and suppliers, including hospitals, cancer centers, 
        physicians, primary care providers, and specialty providers, 
        that will be required under such process to publicly report on 
        the measures specified under subsection (a).
            (3) Assessment of changes.--Within this reporting process, 
        the Secretary shall also establish a format that assesses 
        changes in both the absolute and relative disparities over 
        time. These measures shall be presented in an easily 
        comprehensible format, such as those presented in the final 
        publications relating to Healthy People 2010 or the National 
        Healthcare Disparities Report.
            (4) Initial implementation.--The Secretary shall implement 
        the reporting process under this subsection for reporting 
        periods beginning not later than 6 months after the date that 
        measures are first established under subsection (a).

  Subtitle B--Viral Hepatitis and Liver Cancer Control and Prevention

SEC. 711. VIRAL HEPATITIS AND LIVER CANCER CONTROL AND PREVENTION.

    (a) Short Title.--This subtitle may be cited as the ``Viral 
Hepatitis and Liver Cancer Control and Prevention Act of 2011''.
    (b) Findings.--Congress finds the following:
            (1) Approximately 5,300,000 Americans are chronically 
        infected with the hepatitis B virus (referred to in this 
        section as ``HBV''), the hepatitis C virus (referred to in this 
        section as ``HCV''), or both.
            (2) In the United States, chronic HBV and HCV are the most 
        common cause of liver cancer, one of the most lethal and 
        fastest growing cancers in this country. It is the most common 
        cause of chronic liver disease, liver cirrhosis, and the most 
        common indication for liver transplantation. It is also a 
        leading cause of death in Americans living with HIV/AIDS, many 
        of whom are coinfected with chronic HBV, chronic HCV, or both. 
        At least 15,000 deaths per year in the United States can be 
        attributed to chronic HBV and HCV.
            (3) According to the Centers for Disease Control and 
        Prevention (referred to in this section as the ``CDC'' ``''), 
        approximately 2 percent of the population of the United States 
        is living with chronic HBV, chronic HCV, or both. The CDC has 
        recognized HCV as the Nation's most common chronic bloodborne 
        virus infection and HBV as the deadliest vaccine-preventable 
        disease.
            (4) HBV is easily transmitted and is 100 times more 
        infectious than HIV. According to the CDC, HBV is transmitted 
        through percutaneous (i.e., puncture through the skin) or 
        mucosal contact with infectious blood or body fluids. HCV is 
        transmitted by percutaneous exposures to infectious blood.
            (5) The CDC conservatively estimates that in 2008 
        approximately 18,000 Americans were newly infected with HCV and 
        more than 38,000 Americans were newly infected with HBV.
            (6) There were 6 outbreaks reported to CDC for 
        investigation in 2008 related to health care acquired infection 
        of HBV and HCV, potentially exposing more than 52,000 Americans 
        to the viruses, in 2009-2010 there were 15 outbreaks in which 
        more than 30,000 people were potentially exposed.
            (7) Chronic HBV and chronic HCV usually do not cause 
        symptoms early in the course of the disease, but after many 
        years of a clinically ``silent'' phase, more than 50 percent of 
        infected individuals will develop cirrhosis, end-stage liver 
        disease, or liver cancer. Since most of those with chronic HBV 
        and HCV are unaware of their infection, they do not know to 
        take precautions to prevent the spread of their infection and 
        can unknowingly exacerbate their own disease progression.
            (8) HBV and HCV disproportionately affect certain 
        populations in the United States. Although representing only 5 
        percent of the population, Asian-Americans and Pacific 
        Islanders account for over half of the 1,400,000 domestic 
        chronic HBV cases. Baby boomers (those born between 1946 and 
        1964) account for more than half of domestic chronic hepatitis 
        C cases. In addition, African-Americans, Latin-Americans, and 
        American Indian/Alaskan Natives are among the groups which have 
        disproportionately high rates of HBV and/or HCV infections in 
        the United States.
            (9) For both chronic HBV and chronic HCV, behavioral 
        changes can slow disease progression if diagnosis is made 
        early. Early diagnosis, which is determined through simple 
        blood tests, can reduce the risk of transmission and disease 
        progression through education and vaccination of household 
        members and other susceptible persons at risk.
            (10) For those chronically infected with HBV or HCV, 
        regular monitoring can lead to the early detection of liver 
        cancer at a stage where cure is still possible. Liver cancer is 
        the third deadliest cancer in the United States however, liver 
        cancer has received little funding for research, prevention, or 
        treatment.
            (11) Treatment for chronic HCV can eradicate the disease in 
        approximately 75 percent of those currently treated. The 
        treatment of chronic HBV can effectively suppress viral 
        replication in the overwhelming majority (>80%) of those 
        treated thereby reducing the risk of transmission and 
        progression to liver scarring or liver cancer even though a 
        complete cure is much less common than for HCV.
            (12) To combat the HBV and HCV epidemics in the United 
        States, in May 2011, the Department of Health and Human 
        Services released Combating the Silent Epidemic of Viral 
        Hepatitis: Action Plan for the Prevention, Care & Treatment of 
        Viral Hepatitis (hereafter referred to as the HHS Action Plan). 
        The Institute of Medicine (IOM) of the National Academies 2010 
        reported on the Federal response to HBV and HCV titled: 
        Hepatitis and Liver Cancer: A National Strategy for Prevention 
        and Control of Hepatitis B and C. These recommendations and 
        guidelines provide a framework for HBV and HCV prevention, 
        education, control, research, and medical management programs.
            (13) The annual health care costs attributable to HBV and 
        HCV in the United States are significant. For HBV, it is 
        estimated to be approximately $1,000,000,000 to 2,000,000,000 
        ($1,000 to $2,000 per infected person). More than 
        $1,000,000,000 is spent each year for HBV-related 
        hospitalizations. The indirect costs of chronic HBV infection 
        are harder to measure, but include reduced physical and 
        emotional quality of life, reduced economic productivity, long-
        term disability, and premature death. For HCV, medical costs 
        for patients are expected to increase from $30,000,000,000 in 
        2009 to over $85,000,000,000 in 2024. Avoiding these costs by 
        screening and diagnosing individuals earlier--and connecting 
        them to appropriate treatment and care will save lives and 
        critical health care dollars. Currently, without a 
        comprehensive screening, testing and diagnosis program, most 
        patients are diagnosed too late when they need a liver 
        transplant costing at least $314,000 for uncomplicated cases or 
        when they have liver cancer or end stage liver disease which 
        costs $30,980 to $110,576 per hospital admission. As health 
        care costs continue to grow, it is critical that the Federal 
        Government invests in effective mechanisms to avoid documented 
        cost drivers.
            (14) According to the IOM report in 2010, chronic HBV and 
        HCV infections cause substantial morbidity and mortality 
        despite being preventable and treatable. Deficiencies in the 
        implementation of established guidelines for the prevention, 
        diagnosis, and medical management of chronic HBV and HCV 
        infections perpetuate personal and economic burdens. Existing 
        grants are not sufficient for the scale of the health burden 
        presented by HBV and HCV.
            (15) Screening and testing for HBV and HCV is aligned with 
        the Healthy People 2020 goal; Increase immunization rates and 
        reduce preventable infectious diseases. Awareness of disease 
        and access to prevention and treatment remain essential 
        components for reducing infectious disease transmission.
            (16) Federal support is necessary to increase knowledge and 
        awareness of HBV and HCV and to assist State and local 
        prevention and control efforts in reducing the morbidity and 
        mortality of these epidemics.
    (c) Biennial Assessment of HHS Hepatitis B and Hepatitis C 
Prevention, Education, Research, and Medical Management Plan.--Title 
III of the Public Health Service Act (42 U.S.C. 241 et seq.) is 
amended--
            (1) by striking section 317N (42 U.S.C. 247b-15); and
            (2) by adding at the end the following:

   ``PART X--BIENNIAL ASSESSMENT OF HHS HEPATITIS B AND HEPATITIS C 
      PREVENTION, EDUCATION, RESEARCH, AND MEDICAL MANAGEMENT PLAN

``SEC. 399NN. BIENNIAL UPDATE OF THE PLAN.

    ``(a) In General.--The Secretary shall conduct a biennial 
assessment of the Secretary's plan for the prevention, control, and 
medical management of, and education and research relating to, 
hepatitis B and hepatitis C, for the purposes of--
            ``(1) incorporating into such plan new knowledge or 
        observations relating to hepatitis B and hepatitis C (such as 
        knowledge and observations that may be derived from clinical, 
        laboratory, and epidemiological research and disease detection, 
        prevention, and surveillance outcomes);
            ``(2) addressing gaps in the coverage or effectiveness of 
        the plan; and
            ``(3) evaluating and, if appropriate, updating 
        recommendations, guidelines, or educational materials of the 
        Centers for Disease Control and Prevention or the National 
        Institutes of Health for health care providers or the public on 
        viral hepatitis in order to be consistent with the plan.
    ``(b) Publication of Notice of Assessments.--Not later than October 
1 of the first even-numbered year beginning after the date of the 
enactment of this part, and October 1 of each even-numbered year 
thereafter, the Secretary shall publish in the Federal Register a 
notice of the results of the assessments conducted under paragraph (1). 
Such notice shall include--
            ``(1) a description of any revisions to the plan referred 
        to in subsection (a) as a result of the assessment;
            ``(2) an explanation of the basis for any such revisions, 
        including the ways in which such revisions can reasonably be 
        expected to further promote the original goals and objectives 
        of the plan; and
            ``(3) in the case of a determination by the Secretary that 
        the plan does not need revision, an explanation of the basis 
        for such determination.

``SEC. 399NN-1. ELEMENTS OF PROGRAM.

    ``(a) Education and Awareness Programs.--The Secretary, acting 
through the Director of the Centers for Disease Control and Prevention, 
the Administrator of the Health Resources and Services Administration, 
and the Administrator of the Substance Abuse and Mental Health Services 
Administration, and in accordance with the plan referred to in section 
399NN(a), shall implement programs to increase awareness and enhance 
knowledge and understanding of hepatitis B and hepatitis C. Such 
programs shall include--
            ``(1) the conduct of culturally and language appropriate 
        health education in primary and secondary schools, college 
        campuses, public awareness campaigns, and community outreach 
        activities (especially to the ethnic communities with high 
        rates of chronic hepatitis B and chronic hepatitis C and other 
        high-risk groups) to promote public awareness and knowledge 
        about the value of hepatitis A and hepatitis B immunization, 
        risk factors, the transmission and prevention of hepatitis B 
        and hepatitis C, the value of screening for the early detection 
        of hepatitis B and hepatitis C, and options available for the 
        treatment of chronic hepatitis B and chronic hepatitis C;
            ``(2) the promotion of immunization programs that increase 
        awareness and access to hepatitis A and hepatitis B vaccines 
        for susceptible adults and children;
            ``(3) the training of health care professionals regarding 
        the importance of vaccinating individuals infected with 
        hepatitis C and individuals who are at risk for hepatitis C 
        infection against hepatitis A and hepatitis B;
            ``(4) the training of health care professionals regarding 
        the importance of vaccinating individuals chronically infected 
        with hepatitis B and individuals who are at risk for chronic 
        hepatitis B infection against the hepatitis A virus;
            ``(5) the training of health care professionals and health 
        educators to make them aware of the high rates of chronic 
        hepatitis B and chronic hepatitis C in certain adult ethnic 
        populations, and the importance of prevention, detection, and 
        medical management of hepatitis B and hepatitis C and of liver 
        cancer screening;
            ``(6) the development and distribution of health education 
        curricula (including information relating to the special needs 
        of individuals infected with hepatitis B and hepatitis C, such 
        as the importance of prevention and early intervention, regular 
        monitoring, the recognition of psychosocial needs, appropriate 
        treatment, and liver cancer screening) for individuals 
        providing hepatitis B and hepatitis C counseling; and
            ``(7) support for the implementation curricula described in 
        paragraph (6) by State and local public health agencies.
    ``(b) Immunization, Prevention, and Control Programs.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the Centers for Disease Control and Prevention, 
        shall support the integration of activities described in 
        paragraph (2) into existing clinical and public health programs 
        at State, local, territorial, and tribal levels (including 
        community health clinics, programs for the prevention and 
        treatment of HIV/AIDS, sexually transmitted diseases, and 
        substance abuse, and programs for individuals in correctional 
        settings).
            ``(2) Activities.--
                    ``(A) Voluntary testing programs.--
                            ``(i) In general.--The Secretary shall 
                        establish a mechanism by which to support and 
                        promote the development of State, local, 
                        territorial, and tribal voluntary hepatitis B 
                        and hepatitis C testing programs to screen the 
                        high-prevalence populations to aid in the early 
                        identification of chronically infected 
                        individuals.
                            ``(ii) Confidentiality of the test 
                        results.--The Secretary shall prohibit the use 
                        of the results of a hepatitis B or hepatitis C 
                        test conducted by a testing program developed 
                        or supported under this subparagraph for any of 
                        the following:
                                    ``(I) Issues relating to health 
                                insurance.
                                    ``(II) To screen or determine 
                                suitability for employment.
                                    ``(III) To discharge a person from 
                                employment.
                    ``(B) Counseling regarding viral hepatitis.--The 
                Secretary shall support State, local, territorial, and 
                tribal programs in a wide variety of settings, 
                including those providing primary and specialty health 
                care services in nonprofit private and public sectors, 
                to--
                            ``(i) provide individuals with ongoing risk 
                        factors for hepatitis B and hepatitis C 
                        infection with client-centered education and 
                        counseling which concentrates on--
                                    ``(I) promoting testing of 
                                individuals that have been exposed to 
                                their blood, family members, and their 
                                sexual partners; and
                                    ``(II) changing behaviors that 
                                place individuals at risk for 
                                infection;
                            ``(ii) provide individuals chronically 
                        infected with hepatitis B or hepatitis C with 
                        education, health information, and counseling 
                        to reduce their risk of--
                                    ``(I) dying from end-stage liver 
                                disease and liver cancer; and
                                    ``(II) transmitting viral hepatitis 
                                to others; and
                            ``(iii) provide women chronically infected 
                        with hepatitis B or hepatitis C who are 
                        pregnant or of childbearing age with culturally 
                        and language appropriate health information, 
                        such as how to prevent hepatitis B perinatal 
                        infection, and to alleviate fears associated 
                        with pregnancy or raising a family.
                    ``(C) Immunization.--The Secretary shall support 
                State, local, territorial, and tribal efforts to expand 
                the current vaccination programs to protect every child 
                in the country and all susceptible adults, particularly 
                those infected with hepatitis C and high-prevalence 
                ethnic populations and other high-risk groups, from the 
                risks of acute and chronic hepatitis B infection by--
                            ``(i) ensuring continued funding for 
                        hepatitis B vaccination for all children 19 
                        years of age or younger through the Vaccines 
                        for Children Program;
                            ``(ii) ensuring that the recommendations of 
                        the Advisory Committee on Immunization 
                        Practices are followed regarding the birth dose 
                        of hepatitis B vaccinations for newborns;
                            ``(iii) requiring proof of hepatitis B 
                        vaccination for entry into public or private 
                        daycare, preschool, elementary school, 
                        secondary school, and institutions of higher 
                        education;
                            ``(iv) expanding the availability of 
                        hepatitis B vaccination for all susceptible 
                        adults to protect them from becoming acutely or 
                        chronically infected, including ethnic and 
                        other populations with high prevalence rates of 
                        chronic hepatitis B infection;
                            ``(v) expanding the availability of 
                        hepatitis B vaccination for all susceptible 
                        adults, particularly those in their 
                        reproductive age (women and men less than 45 
                        years of age), to protect them from the risk of 
                        hepatitis B infection;
                            ``(vi) ensuring the vaccination of 
                        individuals infected, or at risk for infection, 
                        with hepatitis C against hepatitis A, hepatitis 
                        B, and other infectious diseases, as 
                        appropriate, for which such individuals may be 
                        at increased risk; and
                            ``(vii) ensuring the vaccination of 
                        individuals infected, or at risk for infection, 
                        with hepatitis B against hepatitis A virus and 
                        other infectious diseases, as appropriate, for 
                        which such individuals may be at increased 
                        risk.
                    ``(D) Medical referral.--The Secretary shall 
                support State, local, territorial, and tribal programs 
                that support--
                            ``(i) referral of persons chronically 
                        infected with hepatitis B or hepatitis C--
                                    ``(I) for medical evaluation to 
                                determine the appropriateness for 
                                antiviral treatment to reduce the risk 
                                of progression to cirrhosis and liver 
                                cancer; and
                                    ``(II) for ongoing medical 
                                management including regular monitoring 
                                of liver function and screening for 
                                liver cancer; and
                            ``(ii) referral of persons infected with 
                        acute or chronic hepatitis B infection or acute 
                        or chronic hepatitis C infection for drug and 
                        alcohol abuse treatment where appropriate.
            ``(3) Increased support for adult viral hepatitis 
        coordinators.--The Secretary, acting through the Director of 
        the Centers for Disease Control and Prevention, shall provide 
        increased support to Adult Viral Hepatitis Coordinators in 
        State, local, territorial, and tribal health departments in 
        order to enhance the additional management, networking, and 
        technical expertise needed to ensure successful integration of 
        hepatitis B and hepatitis C prevention and control activities 
        into existing public health programs.
    ``(c) Epidemiological Surveillance.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the Centers for Disease Control and Prevention, 
        shall support the establishment and maintenance of a national 
        chronic and acute hepatitis B and hepatitis C surveillance 
        program, in order to identify--
                    ``(A) trends in the incidence of acute and chronic 
                hepatitis B and acute and chronic hepatitis C;
                    ``(B) trends in the prevalence of acute and chronic 
                hepatitis B and acute and chronic hepatitis C infection 
                among groups that may be disproportionately affected; 
                and
                    ``(C) trends in liver cancer and end-stage liver 
                disease incidence and deaths, caused by chronic 
                hepatitis B and chronic hepatitis C in the high-risk 
                ethnic populations.
            ``(2) Seroprevalence and liver cancer studies.--The 
        Secretary, acting through the Director of the Centers for 
        Disease Control and Prevention, shall prepare a report 
        outlining the population-based seroprevalence studies currently 
        underway, future planned studies, the criteria involved in 
        determining which seroprevalence studies to conduct, defer, or 
        suspend, and the scope of those studies, the economic and 
        clinical impact of hepatitis B and hepatitis C, and the impact 
        of chronic hepatitis B and chronic hepatitis C infections on 
        the quality of life. Not later than one year after the date of 
        the enactment of this part, the Secretary shall submit the 
        report to the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate.
            ``(3) Confidentiality.--The Secretary shall not disclose 
        any individually identifiable information identified under 
        paragraph (1) or derived through studies under paragraph (2).
    ``(d) Research.--The Secretary, acting through the Director of the 
Centers for Disease Control and Prevention, the Director of the 
National Cancer Institute, and the Director of the National Institutes 
of Health, shall--
            ``(1) conduct epidemiologic and community-based research to 
        develop, implement, and evaluate best practices for hepatitis B 
        and hepatitis C prevention especially in the ethnic populations 
        with high rates of chronic hepatitis B and chronic hepatitis C 
        and other high-risk groups;
            ``(2) conduct research on hepatitis B and hepatitis C 
        natural history, pathophysiology, improved treatments and 
        prevention (such as the hepatitis C vaccine), and noninvasive 
        tests that help to predict the risk of progression to liver 
        cirrhosis and liver cancer;
            ``(3) conduct research that will lead to better noninvasive 
        or blood tests to screen for liver cancer, and more effective 
        treatments of liver cancer caused by chronic hepatitis B and 
        chronic hepatitis C; and
            ``(4) conduct research comparing the effectiveness of 
        screening, diagnostic, management, and treatment approaches for 
        chronic hepatitis B, chronic hepatitis C, and liver cancer in 
        the affected communities.
    ``(e) Underserved and Disproportionately Affected Populations.--In 
carrying out this section, the Secretary shall provide expanded support 
for individuals with limited access to health education, testing, and 
health care services and groups that may be disproportionately affected 
by hepatitis B and hepatitis C.
    ``(f) Evaluation of Program.--The Secretary shall develop 
benchmarks for evaluating the effectiveness of the programs and 
activities conducted under this section and make determinations as to 
whether such benchmarks have been achieved.

``SEC. 399NN-2. GRANTS.

    ``(a) In General.--The Secretary may award grants to, or enter into 
contracts or cooperative agreements with, States, political 
subdivisions of States, territories, Indian tribes, or nonprofit 
entities that have special expertise relating to hepatitis B, hepatitis 
C, or both, to carry out activities under this part.
    ``(b) Application.--To be eligible for a grant, contract, or 
cooperative agreement under subsection (a), an entity shall prepare and 
submit to the Secretary an application at such time, in such manner, 
and containing such information as the Secretary may require.

``SEC. 399NN-3. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
$90,000,000 for fiscal year 2012, $90,000,000 for fiscal year 2013, 
$110,000,000 for fiscal year 2014, $130,000,000 for fiscal year 2015, 
and $150,000,000 for fiscal year 2016.''.
    (d) Enhancing SAMHSA's Role in Hepatitis Activities.--Paragraph (6) 
of section 501(d) of the Public Health Service Act (42 U.S.C. 290aa(d)) 
is amended by striking ``HIV or tuberculosis'' and inserting ``HIV, 
tuberculosis, or hepatitis''.

           Subtitle C--Acquired Bone Marrow Failure Diseases

SEC. 721. ACQUIRED BONE MARROW FAILURE DISEASES.

    (a) Short Title.--This subtitle may be cited as the ``Bone Marrow 
Failure Disease Research and Treatment Act of 2011''.
    (b) Findings.--The Congress finds the following:
            (1) Between 20,000 and 30,000 Americans are diagnosed each 
        year with myelodysplastic syndromes, aplastic anemia, 
        paroxysmal nocturnal hemoglobinuria, and other acquired bone 
        marrow failure diseases.
            (2) Acquired bone marrow failure diseases have a 
        debilitating and often fatal impact on those diagnosed with 
        these diseases.
            (3) While some treatments for acquired bone marrow failure 
        diseases can prolong and improve the quality of patients' 
        lives, there is no single cure for these diseases.
            (4) The prevalence of acquired bone marrow failure diseases 
        in the United States will continue to grow as the general 
        public ages.
            (5) Evidence exists suggesting that acquired bone marrow 
        failure diseases occur more often in minority populations, 
        particularly in Asian-American and Hispanic/Latin-American 
        populations.
            (6) The National Heart, Lung, and Blood Institute and the 
        National Cancer Institute have conducted important research 
        into the causes of and treatments for acquired bone marrow 
        failure diseases.
            (7) The National Marrow Donor Program Registry has made 
        significant contributions to the fight against bone marrow 
        failure diseases by connecting millions of potential marrow 
        donors with individuals and families suffering from these 
        conditions.
            (8) Despite these advances, a more comprehensive Federal 
        strategic effort among numerous Federal agencies is needed to 
        discover a cure for acquired bone marrow failure disorders.
            (9) Greater Federal surveillance of acquired bone marrow 
        failure diseases is needed to gain a better understanding of 
        the causes of acquired bone marrow failure diseases.
            (10) The Federal Government should increase its research 
        support for and engage with public and private organizations in 
        developing a comprehensive approach to combat and cure acquired 
        bone marrow failure diseases.
    (c) National Acquired Bone Marrow Failure Disease Registry.--Part B 
of the Public Health Service Act (42 U.S.C. 311 et seq.) is amended by 
inserting after section 317W, as added, the following:

``SEC. 317X. NATIONAL ACQUIRED BONE MARROW FAILURE DISEASE REGISTRY.

    ``(a) Establishment of Registry.--
            ``(1) In general.--Not later than 6 months after the date 
        of the enactment of this section, the Secretary, acting through 
        the Director of the Centers for Disease Control and Prevention, 
        shall--
                    ``(A) develop a system to collect data on acquired 
                bone marrow failure diseases; and
                    ``(B) establish and maintain a national and 
                publicly available registry, to be known as the 
                National Acquired Bone Marrow Failure Disease Registry, 
                in accordance with paragraph (3).
            ``(2) Recommendations of advisory committee.--In carrying 
        out this subsection, the Secretary shall take into 
        consideration the recommendations of the Advisory Committee on 
        Acquired Bone Marrow Failure Diseases established under 
        subsection (b).
            ``(3) Purposes of registry.--The National Acquired Bone 
        Marrow Failure Disease Registry--
                    ``(A) shall identify the incidence and prevalence 
                of acquired bone marrow failure diseases in the United 
                States;
                    ``(B) shall be used to collect and store data on 
                acquired bone marrow failure diseases, including data 
                concerning--
                            ``(i) the age, race or ethnicity, general 
                        geographic location, sex, and family history of 
                        individuals who are diagnosed with acquired 
                        bone marrow failure diseases, and any other 
                        characteristics of such individuals determined 
                        appropriate by the Secretary;
                            ``(ii) the genetic and environmental 
                        factors that may be associated with developing 
                        acquired bone marrow failure diseases;
                            ``(iii) treatment approaches for dealing 
                        with acquired bone marrow failure diseases;
                            ``(iv) outcomes for individuals treated for 
                        acquired bone marrow failure diseases, 
                        including outcomes for recipients of stem cell 
                        therapeutic products as contained in the 
                        database established pursuant to section 379A; 
                        and
                            ``(v) any other factors pertaining to 
                        acquired bone marrow failure diseases 
                        determined appropriate by the Secretary; and
                    ``(C) shall be made available--
                            ``(i) to the general public; and
                            ``(ii) to researchers to facilitate further 
                        research into the causes of, and treatments 
                        for, acquired bone marrow failure diseases in 
                        accordance with standard practices of the 
                        Centers for Disease Control and Preventions.
    ``(b) Advisory Committee.--
            ``(1) Establishment.--Not later than 6 months after the 
        date of the enactment of this section, the Secretary, acting 
        through the Director of the Centers for Disease Control and 
        Prevention, shall establish an advisory committee, to be known 
        as the Advisory Committee on Acquired Bone Marrow Failure 
        Diseases.
            ``(2) Members.--The members of the Advisory Committee on 
        Acquired Bone Marrow Failure Diseases shall be appointed by the 
        Secretary, acting through the Director of the Centers for 
        Disease Control and Prevention, and shall include at least one 
        representative from each of the following:
                    ``(A) A national patient advocacy organization with 
                experience advocating on behalf of patients suffering 
                from acquired bone marrow failure diseases.
                    ``(B) The National Institutes of Health, including 
                at least one representative from each of--
                            ``(i) the National Cancer Institute;
                            ``(ii) the National Heart, Lung, and Blood 
                        Institute; and
                            ``(iii) the Office of Rare Diseases.
                    ``(C) The Centers for Disease Control and 
                Prevention.
                    ``(D) Clinicians with experience in--
                            ``(i) diagnosing or treating acquired bone 
                        marrow failure diseases; and
                            ``(ii) medical data registries.
                    ``(E) Epidemiologists who have experience with data 
                registries.
                    ``(F) Publicly or privately funded researchers who 
                have experience researching acquired bone marrow 
                failure diseases.
                    ``(G) The entity operating the C.W. Bill Young Cell 
                Transplantation Program established pursuant to section 
                379 and the entity operating the C.W. Bill Young Cell 
                Transplantation Program Outcomes Database.
            ``(3) Responsibilities.--The Advisory Committee on Acquired 
        Bone Marrow Failure Diseases shall provide recommendations to 
        the Secretary on the establishment and maintenance of the 
        National Acquired Bone Marrow Failure Disease Registry, 
        including recommendations on the collection, maintenance, and 
        dissemination of data.
            ``(4) Public availability.--The Secretary shall make the 
        recommendations of the Advisory Committee on Acquired Bone 
        Marrow Failure Disease publicly available.
    ``(c) Grants.--The Secretary, acting through the Director of the 
Centers for Disease Control and Prevention, may award grants to, and 
enter into contracts and cooperative agreements with, public or private 
nonprofit entities for the management of, as well as the collection, 
analysis, and reporting of data to be included in, the National 
Acquired Bone Marrow Failure Disease Registry.
    ``(d) Definition.--In this section, the term `acquired bone marrow 
failure disease' means--
            ``(1) myelodysplastic syndromes (MDS);
            ``(2) aplastic anemia;
            ``(3) paroxysmal nocturnal hemoglobinuria (PNH);
            ``(4) pure red cell aplasia;
            ``(5) acute myeloid leukemia that has progressed from 
        myelodysplastic syndromes; or
            ``(6) large granular lymphocytic leukemia.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 2012 through 2016.''.
    (d) Pilot Studies Through the Agency for Toxic Substances and 
Disease Registry.--
            (1) Pilot studies.--The Secretary of Health and Human 
        Services, acting through the Administrator of the Agency for 
        Toxic Substances and Disease Registry, shall conduct pilot 
        studies to determine which environmental factors, including 
        exposure to toxins, may cause acquired bone marrow failure 
        diseases.
            (2) Collaboration with the radiation injury treatment 
        network.--In carrying out the directives of this section, the 
        Secretary may collaborate with the Radiation Injury Treatment 
        Network of the C.W. Bill Young Cell Transplantation Program 
        established pursuant to section 379 of the Public Health 
        Service Act (42 U.S.C. 274j) to--
                    (A) augment data for the pilot studies authorized 
                by this section;
                    (B) access technical assistance that may be 
                provided by the Radiation Injury Treatment Network; or
                    (C) perform joint research projects.
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $1,000,000 for 
        each of fiscal years 2012 through 2016.
    (e) Minority-Focused Programs on Acquired Bone Marrow Failure 
Diseases.--Title XVII of the Public Health Service Act (42 U.S.C. 300u 
et seq.) is amended by inserting after section 1707A the following:

  ``minority-focused programs on acquired bone marrow failure diseases

    ``Sec. 1707B.  (a) Information and Referral Services.--
            ``(1) In general.--Not later than 6 months after the date 
        of the enactment of this section, the Secretary, acting through 
        the Deputy Assistant Secretary for Minority Health, shall 
        establish and coordinate outreach and informational programs 
        targeted to minority populations affected by acquired bone 
        marrow failure diseases.
            ``(2) Program requirements.--Minority-focused outreach and 
        informational programs authorized by this section--
                    ``(A) shall make information about treatment 
                options and clinical trials for acquired bone marrow 
                failure diseases publicly available, and
                    ``(B) shall provide referral services for treatment 
                options and clinical trials,
        at the national minority health resource center supported under 
        section 1707(b)(8) (including by means of the center's Web 
        site, through appropriate locations such as the center's 
        knowledge center, and through appropriate programs such as the 
        center's resource persons network) and through minority health 
        consultants located at each Department of Health and Human 
        Services regional office.
    ``(b) Hispanic and Asian-American and Pacific Islander Outreach.--
            ``(1) In general.--The Secretary, acting through the Deputy 
        Assistant Secretary for Minority Health, shall undertake a 
        coordinated outreach effort to connect Hispanic, Asian-
        American, and Pacific Islander communities with comprehensive 
        services focused on treatment of, and information about, 
        acquired bone marrow failure diseases.
            ``(2) Collaboration.--In carrying out this subsection, the 
        Secretary may collaborate with public health agencies, 
        nonprofit organizations, community groups, and online entities 
        to disseminate information about treatment options and clinical 
        trials for acquired bone marrow failure diseases.
    ``(c) Grants and Cooperative Agreements.--
            ``(1) In general.--Not later than 6 months after the date 
        of the enactment of this section, the Secretary, acting through 
        the Deputy Assistant Secretary for Minority Health, shall award 
        grants to, or enter into cooperative agreements with, entities 
        to perform research on acquired bone marrow failure diseases.
            ``(2) Requirement.--Grants and cooperative agreements 
        authorized by this subsection shall be awarded or entered into 
        on a competitive, peer-reviewed basis.
            ``(3) Scope of research.--Research funded under this 
        section shall examine factors affecting the incidence of 
        acquired bone marrow failure diseases in minority populations.
    ``(d) Definition.--In this section, the term `acquired bone marrow 
failure disease' has the meaning given to such term in section 317X(d).
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for each of fiscal 
years 2012 through 2016.''.
    (f) Diagnosis and Quality of Care for Acquired Bone Marrow Failure 
Diseases.--
            (1) Grants.--The Secretary of Health and Human Services, 
        acting through the Director of the Agency for Healthcare 
        Research and Quality, shall award grants to entities to improve 
        diagnostic practices and quality of care with respect to 
        patients with acquired bone marrow failure diseases.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $2,000,000 for 
        each of fiscal years 2012 through 2016.
    (g) Definition.--In this section, the term ``acquired bone marrow 
failure disease'' means--
            (1) myelodysplastic syndromes (MDS);
            (2) aplastic anemia;
            (3) paroxysmal nocturnal hemoglobinuria (PNH);
            (4) pure red cell aplasia;
            (5) acute myeloid leukemia that progressed from 
        myelodysplastic syndromes; or
            (6) large granular lymphocytic leukemia.

Subtitle D--Cardiovascular Disease, Chronic Disease, and Other Disease 
                                 Issues

SEC. 731. GUIDELINES FOR DISEASE SCREENING FOR MINORITY PATIENTS.

    (a) In General.--The Secretary, acting through the Director of the 
Agency for Healthcare Research and Quality, shall convene a series of 
meetings to develop guidelines for disease screening for minority 
patient populations which have a higher than average risk for many 
chronic diseases and cancers.
    (b) Participants.--In convening meetings under subsection (a), the 
Secretary shall ensure that meeting participants include 
representatives of--
            (1) professional societies and associations;
            (2) minority health organizations;
            (3) health care researchers and providers, including those 
        with expertise in minority health;
            (4) Federal health agencies, including the Office of 
        Minority Health, the National Institute on Minority Health and 
        Health Disparities, and the National Institutes of Health; and
            (5) other experts determined appropriate by the Secretary.
    (c) Diseases.--Screening guidelines for minority populations shall 
be developed as appropriate under subsection (a) for--
            (1) hypertension;
            (2) hypercholesterolemia;
            (3) diabetes;
            (4) cardiovascular disease;
            (5) cancers, including breast, prostate, colon, cervical, 
        and lung cancer;
            (6) asthma;
            (7) diabetes;
            (8) kidney diseases;
            (9) eye diseases and disorders, including glaucoma;
            (10) HIV/AIDS and sexually transmitted diseases;
            (11) uterine fibroids;
            (12) autoimmune disease;
            (13) mental health conditions;
            (14) dental health conditions and oral diseases;
            (15) environmental and related health illnesses and 
        conditions;
            (16) Sickle cell disease;
            (17) violence and injury prevention and control;
            (18) genetic and related conditions;
            (19) heart disease and stroke;
            (20) tuberculosis;
            (21) chronic obstructive pulmonary disease; and
            (22) other diseases determined appropriate by the 
        Secretary.
    (d) Dissemination.--Not later than 24 months after the date of 
enactment of this title, the Secretary shall publish and disseminate to 
health care provider organizations the guidelines developed under 
subsection (a).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2012 through 2016.

SEC. 732. COVERAGE OF THE SHINGLES VACCINE UNDER THE MEDICARE PROGRAM.

    (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 
1395x) is amended--
            (1) in subsection (s)(10)(A), by inserting ``, shingles 
        vaccine and its administration,'' before ``and, subject to''; 
        and
            (2) in subsection (ww)(2)(A), by inserting ``shingles,'' 
        after ``Pneumococcal,''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to shingles vaccine furnished on or after January 1 of the first 
calendar year beginning more than 60 days after the date of the 
enactment of this Act.

SEC. 733. CDC WISEWOMAN SCREENING PROGRAM.

    Section 1509 of the Public Health Service Act (42 U.S.C. 300n-4a) 
is amended--
            (1) in subsection (a)--
                    (A) by striking the heading and inserting ``In 
                General.--''; and
                    (B) in the matter preceding paragraph (1), by 
                striking ``may make grants'' and all that follows 
                through ``purpose'' and inserting the following: ``may 
                make grants to such States for the purpose''; and
            (2) in subsection (d)(1), by striking ``there are 
        authorized'' and all that follows through the period and 
        inserting ``there are authorized to be appropriated $23,000,000 
        for fiscal year 2012, $25,300,000 for fiscal year 2013, 
        $27,800,000 for fiscal year 2014, $30,800,000 for fiscal year 
        2015, and $34,000,000 for fiscal year 2016.''.

SEC. 734. REPORT ON CARDIOVASCULAR CARE FOR WOMEN AND MINORITIES.

    Part P of title III of the Public Health Service Act (42 U.S.C. 
280g et seq.) is amended by adding at the end the following:

``SEC. 399V-5. REPORT ON CARDIOVASCULAR CARE FOR WOMEN AND MINORITIES.

    ``Not later than September 30, 2014, and annually thereafter, the 
Secretary shall prepare and submit to the Congress a report on the 
quality of and access to care for women and minorities with heart 
disease, stroke, and other cardiovascular diseases. The report shall 
contain recommendations for eliminating disparities in, and improving 
the treatment of, heart disease, stroke, and other cardiovascular 
diseases in women, racial and ethnic minorities, those for whom English 
is not their primary language, and individuals with disabilities.''.

SEC. 735. COVERAGE OF COMPREHENSIVE TOBACCO CESSATION SERVICES IN 
              MEDICAID.

    (a) Requiring Coverage of Counseling and Pharmacotherapy for 
Cessation of Tobacco Use.--Section 1905 of the Social Security Act (42 
U.S.C. 1396d) is amended--
            (1) in subsection (a)(4)(D) is amended by striking ``by 
        pregnant women''; and
            (2) in subsection (bb)--
                    (A) by striking ``by pregnant women'' each place it 
                appears;
                    (B) in paragraph (1), in the matter before 
                subparagraph (A), by inserting ``by individuals'' 
                before ``who use tobacco''; and
                    (C) in paragraph (2)(A), by striking ``with respect 
                to pregnant women''.
    (b) Exception From Optional Restriction Under Medicaid Prescription 
Drug Coverage.--Section 1927(d)(2)(F) of the Social Security Act (42 
U.S.C. 1396r-8(d)(2)(F)) is amended by striking ``in the case of 
pregnant women''.
    (c) Removal of Cost Sharing for Counseling and Pharmacotherapy for 
Cessation of Tobacco Use.--
            (1) General cost sharing limitations.--Section 1916 of the 
        Social Security Act (42 U.S.C. 1396o) is amended--
                    (A) in subsections (a)(2)(B) and (b)(2)(B), by 
                striking ``and counseling and pharmacotherapy for 
                cessation of tobacco use by pregnant women (as defined 
                in section 1905(bb)) and covered outpatient drugs (as 
                defined in subsection (k)(2) of section 1927 and 
                including nonprescription drugs described in subsection 
                (d)(2) of such section) that are prescribed for 
                purposes of promoting, and when used to promote, 
                tobacco cessation by pregnant women in accordance with 
                the Guideline referred to in section 1905(bb)(2)(A)'' 
                each place it appears; and
                    (B) in each of subsections (a)(2)(D) and (b)(2)(D) 
                by inserting ``and counseling and pharmacotherapy for 
                cessation of tobacco use (as defined in section 
                1905(bb)) and covered outpatient drugs (as defined in 
                subsection (k)(2) of section 1927 and including 
                nonprescription drugs described in subsection (d)(2) of 
                such section) that are prescribed for purposes of 
                promoting, and when used to promote, tobacco cessation 
                in accordance with the Guideline referred to in section 
                1905(bb)(2)(A),'' after ``section 1905(a)(4)(C),''.
            (2) Application to alternative costsharing.--Section 
        1916A(b)(3)(B) of such Act (42 U.S.C. 1396o-1(b)(3)(B)) is 
        amended--
                    (A) in clause (iii), by striking ``, and counseling 
                and pharmacotherapy for cessation of tobacco use by 
                pregnant women (as defined in section 1905(bb))''; and
                    (B) by adding at the end the following:
                            ``(xi) Counseling and pharmacotherapy for 
                        cessation of tobacco use (as defined in section 
                        1905(bb)) and covered outpatient drugs (as 
                        defined in subsection (k)(2) of section 1927 
                        and including nonprescription drugs described 
                        in subsection (d)(2) of such section) that are 
                        prescribed for purposes of promoting, and when 
                        used to promote, tobacco cessation in 
                        accordance with the Guideline referred to in 
                        section 1905(bb)(2)(A).''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2012.

SEC. 736. CLINICAL RESEARCH FUNDING FOR ORAL HEALTH.

    (a) In General.--The Secretary of Health and Human Services shall 
expand and intensify the conduct and support of the research activities 
of the National Institutes of Health and the National Institute of 
Dental and Craniofacial Research to improve the oral health of the 
population through the prevention and management of oral diseases and 
conditions.
    (b) Included Research Activities.--Research activities under 
subsection (a) shall include--
            (1) comparative effectiveness research and clinical disease 
        management research addressing early childhood caries and oral 
        cancer; and
            (2) awarding of grants and contracts to support the 
        training and development of health services researchers, 
        comparative effectiveness researchers, and clinical researchers 
        whose research improves the oral health of the population.

                          Subtitle E--HIV/AIDS

SEC. 741. FINDINGS.

    The Congress finds the following:
            (1) Over one million people are estimated to be living with 
        HIV in the United States according to the Centers for Disease 
        Control and Prevention.
            (2) Annually there are over 17,000 deaths in people with an 
        HIV diagnoses in 40 States and 5 dependent areas of the United 
        States.
            (3) The Centers for Disease Control and Prevention 
        estimates that in 2009 there were approximately 48,100 people 
        newly infected with HIV. Though this number seems to be staying 
        relatively stable, the number of new infections is rapidly 
        increasing among certain populations especially among young 
        African-American men who have sex with men who had an overall 
        48 percent increase in new infections from 2006 to 2009.
            (4) HIV disproportionately affects certain populations in 
        the United States. Though African-Americans represent less than 
        13 percent of the population, African-Americans account for 
        almost half (46 percent) of all people living with HIV in the 
        United States. Men who have sex with men (MSM) make up 
        approximately 2 percent of the population, but account for over 
        half (53 percent) of individuals living with HIV and are the 
        only risk group in which HIV infections continue to increase.
            (5) Disparities exist among Latin-Americans; they make up 
        15 percent of US population and 17 percent of new infections 
        (2006).
            (6) Though American Indians/Alaska Natives represent less 
        than 1 percent of the total number of HIV/AIDS cases, American 
        Indians and Alaska Natives rank third in rates of HIV/AIDS 
        diagnosis, after African-Americans and Latin-Americans.
            (7) While Asian-Americans, Native Hawaiians, and Pacific 
        Islanders HIV/AIDS cases account for approximately 1 percent of 
        cases nationally, Asian Americans and Pacific Islanders were 
        the only racial/ethnic groups with a statistically significant 
        increase in new HIV diagnoses between 2001 and 2008.
            (8) The limited data available on transgender individuals 
        point to a disproportionate burden of HIV infection.
            (9) Stigma and discrimination contribute to these 
        disparities.
            (10) For HIV, early detection and treatment can have huge 
        effects. New research suggests that treatment of individuals 
        not only slows disease progression, but can also greatly reduce 
        the risk of transmission to other individuals.
            (11) To combat the HIV epidemic in the United States, the 
        National HIV/AIDS Strategy (NHAS) from the White House Office 
        of National AIDS Policy provides a framework of increasing 
        access to care, reducing new infections, and eliminating HIV-
        related health disparities. The vision of NHAS is ``The United 
        States will become a place where new HIV infections are rare 
        and when they do occur, every person, regardless of age, 
        gender, race/ethnicity, sexual orientation, gender identity, or 
        socio-economic circumstance, will have unfettered access to 
        high quality, life extending care, free from stigma and 
        discrimination.''.
            (12) Although the cost of education, treatment and care, 
        and research are not inconsequential, they are substantially 
        less than the annual health care cost attributable to HIV in 
        the United States. The lifetime cost of HIV care and treatment 
        in 2004 was estimated to be $405,000 to $648,000 dollars 
        annually. Preventing 40,000 new infections in the United States 
        each year would save $12.8 billion annually.

SEC. 742. ADDRESSING HIV/AIDS IN COMMUNITIES OF COLOR.

    (a) National Observance Days.--It is the sense of the Congress that 
national observance days highlighting the impact of HIV/AIDS on 
communities of color include the following:
            (1) National Black HIV/AIDS Awareness Day.
            (2) National Latino AIDS Awareness Day.
            (3) National Asian and Pacific Islander HIV/AIDS Awareness 
        Day.
            (4) National Native HIV/AIDS Awareness Day.
            (5) Caribbean American HIV/AIDS Awareness Day.
    (b) Call to Action.--It is the sense of the Congress that the 
President should call on members of communities of color--
            (1) to become involved at the local community level in HIV/
        AIDS testing, policy, and advocacy;
            (2) to become aware, engaged, and empowered on the HIV/AIDS 
        epidemic within their communities; and
            (3) to urge members of their communities to reduce risk 
        factors, practice safe sex and other preventive measures, be 
        tested for HIV/AIDS, and seek care when appropriate.

SEC. 743. HIV/AIDS REDUCTION IN RACIAL AND ETHNIC MINORITY COMMUNITIES.

    (a) Expanded Funding.--The Secretary, in collaboration with the 
Deputy Assistant Secretary for Minority Health, the Director of the 
Centers for Disease Control and Prevention, the Administrator of the 
Health Resources and Services Administration, and the Administrator of 
the Substance Abuse and Mental Health Services Administration, shall 
provide funds and carry out activities to expand the Minority HIV/AIDS 
Initiative.
    (b) Use of Funds.--The additional funds made available under this 
section may be used, through the Minority AIDS Initiative, to support 
the following activities:
            (1) Providing technical assistance and infrastructure 
        support to reduce HIV/AIDS in minority populations.
            (2) Increasing minority populations' access to HIV/AIDS 
        prevention and care services.
            (3) Building strong community programs and partnerships to 
        address HIV prevention and the health care needs of specific 
        racial and ethnic minority populations.
    (c) Priority Interventions.--Within the racial and ethnic minority 
populations referred to in subsection (b), priority in conducting 
intervention services shall be given to--
            (1) women;
            (2) youth;
            (3) men who have sex with men;
            (4) persons who engage in intravenous drug abuse;
            (5) homeless individuals; and
            (6) individuals incarcerated or in the penal system.
    (d) Authorization of Appropriations.--For carrying out this 
section, there are authorized to be appropriated $610,000,0000 for 
fiscal year 2012 and such sums as may be necessary for each of fiscal 
years 2013 through 2016.

SEC. 744. REPEALING INEFFECTIVE AND INCOMPLETE ABSTINENCE-ONLY 
              EDUCATION PROGRAM.

    (a) In General.--Title V of the Social Security Act (42 U.S.C. 701 
et seq.) is amended by striking section 510.
    (b) Rescission.--Amounts appropriated for each of fiscal years 2010 
and 2011 under section 510(d) of the Social Security Act (42 U.S.C. 
710(d)) (as in effect on the day before the date of enactment of this 
Act) that are unobligated as of the date of enactment of this Act are 
rescinded.
    (c) Reprogram of Eliminated Abstinence-Only Funds for the Personal 
Responsibility Education Program (prep).--Section 513(f) of the Social 
Security Act (42 U.S.C. 713(f)) is amended by striking ``for each of 
fiscal years 2010 through 2014'' and inserting ``for fiscal year 2010, 
$75,000,000 increased by an amount equal to the unobligated portion of 
funds appropriated for each of fiscal years 2010 and 2011 under section 
510(d) that are rescinded under subsection (b), and $125,000,000 for 
each of fiscal years 2012 through 2014''.

SEC. 745. DENTAL EDUCATION LOAN REPAYMENT PROGRAM.

    (a) In General.--The Secretary of Health and Human Services may 
enter into an agreement with any dentist under which--
            (1) the dentist agrees to serve as a dentist for a period 
        of not less than 2 years at a facility with a critical shortage 
        of dentists (as determined by the Secretary) in an area with a 
        high incidence of HIV/AIDS; and
            (2) the Secretary agrees to make payments in accordance 
        with subsection (b) on the dental education loans of the 
        dentist.
    (b) Manner of Payments.--The payments described in subsection (a) 
shall be made by the Secretary as follows:
            (1) Upon completion by the dentist for whom the payments 
        are to be made of the first year of the service specified in 
        the agreement entered into with the Secretary under subsection 
        (a), the Secretary shall pay 30 percent of the principal of and 
        the interest on the dental education loans of the dentist.
            (2) Upon completion by the dentist of the second year of 
        such service, the Secretary shall pay another 30 percent of the 
        principal of and the interest on such loans.
            (3) Upon completion by that individual of a third year of 
        such service, the Secretary shall pay another 25 percent of the 
        principal of and the interest on such loans.
    (c) Applicability of Certain Provisions.--The provisions of subpart 
III of part D of title III of the Public Health Service Act (42 U.S.C. 
254l et seq.) shall, except as inconsistent with this section, apply to 
the program carried out under this section in the same manner and to 
the same extent as such provisions apply to the National Health Service 
Corps Loan Repayment Program.
    (d) Reports.--Not later than 18 months after the date of the 
enactment of this Act, and annually thereafter, the Secretary shall 
prepare and submit to the Congress a report describing the program 
carried out under this section, including statements regarding the 
following:
            (1) The number of dentists enrolled in the program.
            (2) The number and amount of loan repayments.
            (3) The placement location of loan repayment recipients at 
        facilities described in subsection (a)(1).
            (4) The default rate and actions required.
            (5) The amount of outstanding default funds.
            (6) To the extent that it can be determined, the reason for 
        the default.
            (7) The demographics of individuals participating in the 
        program.
            (8) An evaluation of the overall costs and benefits of the 
        program.
    (e) Definitions.--In this section:
            (1) The term ``dental education loan''--
                    (A) means a loan that is incurred for the cost of 
                attendance (including tuition, other reasonable 
                educational expenses, and reasonable living costs) at a 
                school of dentistry; and
                    (B) includes only the portion of the loan that is 
                outstanding on the date the dentist involved begins the 
                service specified in the agreement under subsection 
                (a).
            (2) The term ``dentist'' means a graduate of a school of 
        dentistry who has completed postgraduate training in general or 
        pediatric dentistry.
            (3) The term ``HIV/AIDS'' means human immunodeficiency 
        virus and acquired immune deficiency syndrome.
            (4) The term ``school of dentistry'' has the meaning given 
        to that term in section 799B of the Public Health Service Act 
        (42 U.S.C. 295p).
            (5) The term ``Secretary'' means the Secretary of Health 
        and Human Services.
    (f) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated such sums as may be necessary 
for each of fiscal years 2012 through 2016.

SEC. 746. REPORT ON THE IMPLEMENTATION OF THE NATIONAL HIV/AIDS 
              STRATEGY.

    (a) Report Required.--Not later than 6 months after the date of the 
enactment of this Act, the President, in consultation with the heads of 
all relevant agencies including the Department of Education, the 
Department of Health and Human Services, the Department of Housing and 
Urban Development, the Department of Justice, the Department of Labor, 
the Department of Veterans Affairs, and the Social Security 
Administration, shall transmit to the Congress and make publicly 
available a report on the status of the implementation of the National 
HIV/AIDS Strategy.
    (b) Contents.--The report required by subsection (a) shall include 
a description, analysis, and evaluation of--
            (1) key steps taken by the Federal Government towards the 
        achievement of the goals of the National HIV/AIDS Strategy, 
        including the goals of--
                    (A) reducing the number of people who become 
                infected with HIV;
                    (B) increasing access to care and optimizing health 
                outcomes for people living with HIV; and
                    (C) reducing HIV-related health disparities;
            (2) the extent to which the National HIV/AIDS Strategy has 
        improved coordination of efforts to maximize the effective 
        delivery of HIV/AIDS prevention, care, and treatment services 
        at the community level, including coordination--
                    (A) within and among Federal agencies and 
                departments;
                    (B) between the Federal Government and State and 
                local governments and health departments;
                    (C) between the Federal Government and nonprofit 
                foundations and civil society organizations, including 
                community- and faith-based organizations focused on 
                addressing the issue of HIV/AIDS; and
                    (D) between the Federal Government and private 
                businesses;
            (3) efforts by the Federal Government to educate, involve, 
        and establish and strengthen partnerships with civil society 
        organizations, including community- and faith-based 
        organizations, in order to implement the National HIV/AIDS 
        Strategy and achieve its goals;
            (4) how Federal resources are being deployed to implement 
        the Strategy, including--
                    (A) the amount of funding used to date, by each 
                Federal agency and department, to implement the 
                National HIV/AIDS Strategy;
                    (B) a brief summary for each Federal agency and 
                department of the number and function of all Federal 
                employees assisting in implementing the Strategy; and
                    (C) an estimate of the amount of funding necessary 
                to implement the National HIV/AIDS Strategy, by each 
                Federal agency and department, for the next fiscal 
                year; and
            (5) what additional steps, if any, are necessary to fully 
        implement the National HIV/AIDS Strategy, including--
                    (A) whether any existing statutory laws, policies, 
                or regulations are impeding the implementation of the 
                National HIV/AIDS Strategy, at the Federal, State, or 
                local level, and whether any changes to such laws, 
                policies, or regulations are necessary or recommended; 
                and
                    (B) whether any Federal agencies or departments 
                require additional statutory authority to effectively 
                carry out their duties as part of the National HIV/AIDS 
                Strategy.
    (c) Use of Previously Appropriated Funds.--Funding for the report 
required under subsection (a) shall derive from discretionary funds of 
the departments and agencies specified in such subsection.

SEC. 747. ADDRESSING HIV/AIDS IN THE AFRICAN-AMERICAN COMMUNITY.

    (a) Sense of Congress on National Black Clergy HIV/AIDS Awareness 
Sunday.--It is the sense of Congress that--
            (1) there should be established a National Black Clergy 
        HIV/AIDS Awareness Sunday on which the Congress and the 
        President call on members of the Black clergy--
                    (A) to become involved at the local community level 
                in HIV/AIDS testing, policy, and advocacy;
                    (B) to discuss the HIV/AIDS epidemic with their 
                congregations and the community at-large; and
                    (C) to urge members of their congregations to 
                reduce risk factors, practice safe sex and other 
                preventive measures, be tested for HIV/AIDS, and seek 
                care when appropriate; and
            (2) an appropriate Sunday should be selected for this 
        occasion.
    (b) Sense of Congress on Federal Agencies With Responsibility for 
Preventing, Testing for, and Treating HIV/AIDS.--It is the sense of 
Congress that all Federal agencies with a responsibility for 
preventing, testing for, and treating HIV/AIDS should--
            (1) adopt policies for prevention, testing, and treatment 
        that are consistent with the guidelines issued in 2006 by the 
        Centers for Disease Control and Prevention, entitled ``Revised 
        Recommendations for HIV Testing of Adults, Adolescents, and 
        Pregnant Women in Health-Care Settings''; and
            (2) begin a systemic, aggressive approach to implementing 
        voluntary, routine testing as part of all health exams, 
        including in emergency rooms, clinics, and private physician 
        offices.
    (c) Sense of Congress on Federal Bureau of Prisons Procedures for 
Inmates With HIV.--It is the sense of Congress that the Federal Bureau 
of Prisons should implement procedures for--
            (1) voluntary HIV testing as a routine component of inmate 
        care; and
            (2) referral to care as a routine component of release 
        planning for inmates with HIV/AIDS, including referral to 
        community-based care and faith-based institutions.

SEC. 748. NATIONAL BLACK CLERGY FOR THE ELIMINATION OF HIV/AIDS.

    (a) Short Title.--This section may be cited as the ``National Black 
Clergy for the Elimination of HIV/AIDS Act of 2011''.
    (b) Findings.--Congress finds the following:
            (1) It has been estimated that more than 1,200,000 people 
        in the United States are living with HIV/AIDS, and 
        approximately 500,000 of them are Black. Blacks are 8 times 
        more likely to have AIDS than their White counterparts. Within 
        the Black community, the subpopulation most disproportionately 
        impacted by HIV/AIDS is Black men who have sex with men (MSM) 
        with prevalence rates twice those of White MSM. Black women 
        account for the majority of new AIDS cases among women and are 
        23 times more likely to be living with AIDS than White women 
        and 4 times more likely than Latinas.
            (2) On October 7-8, 2007, 186 Black clergy, consisting of 
        Baptist, COGIC, Methodist, Protestant, AME, and Pentecostal, 
        together with, medical, policy, and AIDS leaders, were brought 
        together by the National Black Leadership Commission on AIDS 
        (NBLCA), the oldest and largest Black AIDS organization of its 
        kind in America, hosted by Time Warner, Inc., with other 
        foundation support, to participate in the National Black Clergy 
        Conclave On HIV/AIDS Policy.
            (3) The attendees included faith leaders across 
        traditional, mega, and activist churches representing millions 
        of congregants: the National Medical Association (NMA) 
        representing 30,000 African-American physicians; the National 
        Conference of Black Mayors; the National Caucus of Black State 
        Legislators; and the Health Brain Trust of the Congressional 
        Black Caucus and key African-American HIV/AIDS advocates from 
        across the United States. This group developed a plan of action 
        that has become the National Black Clergy for the Elimination 
        of HIV/AIDS Act of 2011 to respond to the ``on the ground'' 
        emergency in prevention, care, and treatment for AIDS in Black 
        America.
            (4) In August 2007, the NMA, the oldest and largest 
        organization representing 30,000 African-American physicians, 
        released a consensus report entitled ``Addressing The HIV/AIDS 
        Crisis In The African American Community: Fact, Fiction and 
        Policy''; and specifically called on the next President of the 
        United States to declare HIV/AIDS in African-American 
        communities a public health emergency and worked with NBLCA to 
        organize clergy to advocate for the specific needs of Black 
        physicians, their patients, and those at risk in African-
        American communities; and have pledged to advocate and work 
        with clergy to develop, execute, and implement these 
        initiatives as a part of their rightful role of leadership in 
        African-American communities and culture.
            (5) The National Conference of Black Mayors has pledged to 
        work with clergy, medical, and community leaders to develop and 
        support these initiatives on a local level and to help them to 
        continue to develop a policy agenda leading to the elimination 
        of HIV/AIDS.
            (6) The National Caucus of Black State Legislators pledged 
        to take the initiatives herein to their body and develop plans 
        of action for Black State Legislators to work with local 
        clergy, health departments, and CBOs to adopt and implement 
        these initiatives on a national level.
            (7) At their April 2008 annual meeting, the National Policy 
        Alliance (NPA), consisting of the Joint Center For Political 
        and Economic Studies (secretariat) and the National Black 
        Caucus of School Board Members, National Black Caucus of Local 
        Elected Officials; the Judicial Council of the National Bar 
        Association; the National Association of Black County 
        Officials; Blacks in Government and the CBC; NCBM; WCM, voted 
        unanimously to support, endorse, and encourage the passage of 
        the National Black Clergy for the Elimination of HIV/AIDS Act 
        of 2011 and to organize their respective members to endorse and 
        support the passage of this bill.
            (8) The World Conference of Black Mayors has ratified its 
        support of these initiatives and legislation, and pledged to 
        assist the clergy to take them internationally.
            (9) The National Black Leadership Commission on AIDS, the 
        Balm in Gilead, and the Black AIDS Institute have been 
        recognized by the clergy for their tradition and history of 
        service and will work with clergy to conduct community and 
        policy development, linkages to local departments of health and 
        other services, infrastructure development, education media, 
        and fund development activities.
            (10) Bishop T.D. Jakes of the Potters House in Dallas, 
        Texas, and Rev. Calvin O. Butts of the Abyssinian Baptist 
        Church in Harlem, New York, and chairman of the National Black 
        Leadership Commission on AIDS have been recognized as the 
        organizers of this group and will help guide and lead the 
        development efforts of fellow clergy through this process.
            (11) The National Conclave on HIV/AIDS for Black Clergy 
        calls upon the President, Congress, and corporate America to 
        declare the HIV/AIDS crisis in the African-American community a 
        ``public health emergency''.
            (12) The Black clergy will aggressively seek to have every 
        person under the sphere of their influence tested for HIV in 
        order to know the person's status.
            (13) The Black clergy will promote HIV/AIDS awareness to 
        ensure that all Black clergy serving in their denominations and 
        other congregations are equipped to address issues related to 
        this disease in a factual and scientifically sound manner.
            (14) The Black clergy will use the ABC/D model as a 
        behavioral guideline for prevention initiatives:
                    (A) A-Abstain.
                    (B) B-Be Faithful.
                    (C) C-Use Condoms.
                    (D) D-Don't Engage in Risky Behaviors.
    (c) Definitions Applicable Throughout Section.--In this section--
            (1) the terms ``HIV'' and ``HIV/AIDS'' have the meanings 
        given to such terms in section 2689 of the Public Health 
        Service Act (42 U.S.C. 300ff-88); and
            (2) the term ``Secretary'' means the Secretary of Health 
        and Human Services.
    (d) Services To Reduce HIV/AIDS in the African-American 
Community.--
            (1) In general.--For the purpose of reducing HIV/AIDS in 
        the African-American community, the Secretary, acting through 
        the Deputy Assistant Secretary for Minority Health, may make 
        grants to public health agencies and faith-based organizations 
        to conduct--
                    (A) outreach activities related to HIV/AIDS 
                prevention and testing activities;
                    (B) HIV/AIDS prevention activities; and
                    (C) HIV/AIDS testing activities.
            (2) Authorization of appropriations.--To carry out this 
        section, there are authorized to be appropriated $50,000,000 
        for fiscal year 2012, and such sums as may be necessary for 
        fiscal years 2013 through 2016.
    (e) Grants for Substance Abuse and Mental Health Services to Public 
Health Agencies and Faith-Based Organizations.--
            (1) In general.--The Secretary, acting through the 
        Administrator of the Substance Abuse and Mental Health Services 
        Administration, may make grants to public health agencies and 
        faith-based organizations to--
                    (A) conduct HIV/AIDS and sexually transmitted 
                disease outreach, prevention, and testing activities 
                that are targeted to the African-American community; 
                and
                    (B) in connection with such activities, provide 
                substance abuse testing and mental health services to 
                members of such community.
            (2) Authorization of appropriations.--To carry out this 
        section, there are authorized to be appropriated $90,000,000 
        for fiscal year 2012 and such sums as may be necessary for 
        fiscal years 2013 through 2016.
    (f) Services for HIV/AIDS Affected Youth Who Are Separated From 
Their Families.--
            (1) In general.--The Secretary, acting through the 
        Administrator of the Substance Abuse and Mental Health Services 
        Administration, may make grants to faith- and community-based 
        organizations to provide family reunification services, mental 
        health counseling, HIV/AIDS and sexually transmitted disease 
        testing, and substance abuse testing and treatment to youth 
        who--
                    (A)(i) have run away from home;
                    (ii) are homeless; or
                    (iii) reside in a detention center or foster care; 
                and
                    (B) are HIV positive or at risk for HIV/AIDS, 
                including young men who have sex with men.
            (2) Authorization of appropriations.--To carry out this 
        section, there are authorized to be appropriated $5,000,000 for 
        fiscal year 2012, and such sums as may be necessary for fiscal 
        years 2013 through 2016.
    (g) Public Health Intervention and Prevention Activities.--
            (1) In general.--For the purpose of reducing HIV/AIDS, 
        sexually transmitted diseases, tuberculosis, and viral 
        hepatitis in African-American communities, the Secretary, 
        acting through the Director of the Centers for Disease Control 
        and Prevention, may make grants to faith-based organizations 
        for public health intervention and prevention activities, 
        including the use of rapid testing in traditional and 
        nontraditional settings to increase the number of individuals 
        who know their status at the point of care and are put into 
        treatment.
            (2) Partnerships.--In carrying out this section, the 
        Secretary shall encourage grantees to enter into partnerships 
        with public health agencies.
            (3) Authorization of appropriations.--To carry out this 
        section, there are authorized to be appropriated $100,000,000 
        for fiscal year 2012, and such sums as may be necessary for 
        fiscal years 2013 through 2016.
    (h) HIV/AIDS Prevention and Education.--
            (1) Prevention activities.--The Secretary, acting through 
        the Director of the Centers for Disease Control and Prevention, 
        shall expand and intensify HIV/AIDS prevention activities in 
        African-American communities. Such activities--
                    (A) shall be targeted to specific populations;
                    (B) shall be comprehensive and accurately based on 
                science and research; and
                    (C) shall include information on abstinence, the 
                proper use of condoms, risks associated with 
                unprotected sex, and the value of sexual delay 
                particularly among young adolescents and teenagers.
            (2) Education.--The Secretary, acting through the Director 
        of the Centers for Disease Control and Prevention, shall expand 
        and intensify HIV/AIDS educational activities targeting Black 
        women, youth, and men who have sex with men.
            (3) Coordination.--The Secretary shall carry out this 
        section in coordination with public schools of all levels, 
        Black organizations, historically Black colleges and 
        universities, and faith-based organizations and institutions.
            (4) Authorization of appropriations.--To carry out this 
        section, there are authorized to be appropriated $90,000,000 
        for fiscal year 2012, and such sums as may be necessary for 
        fiscal years 2013 through 2016.
    (i) Building Capacity of Communities.--
            (1) In general.--The Secretary, acting through the Director 
        of the Centers for Disease Control and Prevention, shall expand 
        funding to eligible entities to build the capacity of African-
        American communities to respond to HIV/AIDS.
            (2) Emphasis.--In carrying out this section, the Secretary 
        shall emphasize the provision of funding for policy 
        development, education, technical assistance, and training--
                    (A) to national and local faith-based 
                organizations; and
                    (B) to organizations with a significant history of 
                working within the African-American community on HIV/
                AIDS issues, an interdenominational center of 
                seminaries specializing in the training of African-
                American clergy, and historically Black colleges and 
                universities.
            (3) Definition.--In this section, the term ``eligible 
        entity'' means a national or community-based organization with 
        a history and tradition of service to African-American 
        communities.
            (4) Authorization of appropriations.--To carry out this 
        section, there are authorized to be appropriated $25,000,000 
        for fiscal year 2012, and such sums as may be necessary for 
        fiscal years 2013 through 2016.
    (j) National Media Outreach Campaign.--
            (1) In general.--The Secretary, acting through the Director 
        of the Centers for Disease Control and Prevention, shall 
        implement a national media outreach campaign that urges all 
        sexually active individuals to be tested for and know their 
        HIV/AIDS status.
            (2) Requirements.--The national media outreach campaign 
        under this subsection shall--
                    (A) be science-driven and targeted to African-
                American men, women, and youth; and
                    (B) give special emphasis to Black women and men 
                who have sex with men.
            (3) Coordination; consultation.--The Secretary shall carry 
        out this subsection--
                    (A) in coordination with Black media outlets for 
                print, electronic, and Web-based media and Black media 
                associations, including the National Association of 
                Black Owned Broadcasters and the National Newspaper 
                Publishers Association; and
                    (B) in consultation with an advisory board 
                including representatives of the National Medical 
                Association, faith leaders, elected and appointed 
                officials, social marketing experts, and business and 
                community stakeholders.
            (4) Authorization of appropriations.--To carry out this 
        subsection, there are authorized to be appropriated $10,000,000 
        for fiscal year 2012, and such sums as may be necessary for 
        fiscal years 2013 through 2016.
    (k) Research To Develop Behavioral Strategies To Reduce 
Transmission of HIV/AIDS.--
            (1) In general.--The Secretary, acting through the Director 
        of the National Institutes of Health, may conduct or support 
        culturally competent research to develop evidence-based 
        behavioral strategies to reduce the transmission of HIV/AIDS 
        within the African-American community.
            (2) Priority.--In carrying out this section, the Secretary 
        shall prioritize research that focuses on populations within 
        the African-American community that are at increased risk for 
        HIV/AIDS, including--
                    (A) men who have sex with men; and
                    (B) women.
            (3) Authorization of appropriations.--To carry out this 
        section, there are authorized to be appropriated $10,000,000 
        for fiscal year 2012, and such sums as may be necessary for 
        fiscal years 2013 through 2016.
    (l) Study of Biological and Behavioral Factors.--
            (1) In general.--The Secretary, acting through the Director 
        of the National Institute on Minority Health and Health 
        Disparities, may make grants for--
                    (A) the study of biological and behavioral factors 
                that lead to increased HIV/AIDS prevalence in the 
                African-American community, to be conducted by 
                researchers with a history and tradition of service to 
                Black communities; and
                    (B) behavioral and structural network research and 
                interventions, in collaboration with other institutes 
                and centers of the National Institutes of Health, 
                indigenous faith and national and community-based 
                organizations with a history and tradition of 
                conducting such research for Black communities, with a 
                special emphasis on Black women and Black men who have 
                sex with men.
            (2) Authorization of appropriations.--To carry out this 
        subsection, there are authorized to be appropriated 
        $100,000,000 for fiscal year 2012, and such sums as may be 
        necessary for fiscal years 2013 through 2016.
    (m) Health Care Professionals Treating Individuals With HIV/AIDS.--
Part E of title VII of the Public Health Service Act (42 U.S.C. 294n et 
seq.) is amended by adding at the end the following:

 ``Subpart 4--Health Care Professionals Treating Individuals With HIV/
                                  AIDS

``SEC. 781. BETTER CARE FOR INDIVIDUALS WITH HIV/AIDS.

    ``(a) In General.--The Secretary, acting through the Administrator 
of the Health Resources and Services Administration and in consultation 
with the African-American church community, may award grants for any of 
the following:
            ``(1) Development of curricula for training primary care 
        providers in HIV/AIDS prevention and care.
            ``(2) Training health care professionals with expertise in 
        HIV/AIDS to provide care to individuals with HIV/AIDS.
            ``(3) Development by grant recipients under title XXVI and 
        other persons of policies for providing culturally relevant and 
        sensitive treatment to individuals with HIV/AIDS, with 
        particular emphasis on treatment to African-Americans and 
        children with HIV/AIDS.
            ``(4) Development and implementation of programs to 
        increase the use of telemedicine to respond to HIV/AIDS-
        specific health care needs in rural and minority communities, 
        with particular emphasis given to medically underserved 
        communities and the southern States.
            ``(5) Creation of faith- and community-based certification 
        programs for providers in HIV/AIDS care and support services.
            ``(6) Establishment of comfort care centers that provide 
        mental, emotional, and psychosocial counseling for people with 
        HIV/AIDS and implement additional protocols to be carried out 
        in the centers that address the needs of children and young 
        adults who are infected with the disease and are transitioning 
        from childhood to adulthood.
            ``(7) Incentive payments to health care providers supported 
        by the Health Resources and Services Administration to 
        implement HIV/AIDS testing consistent with the guidelines 
        issued in 2006 by the Centers for Disease Control and 
        Prevention entitled `Revised Recommendations for HIV Testing of 
        Adults, Adolescents, and Pregnant Women in Health-Care 
        Settings'.
    ``(b) Definition.--In this section, the term `HIV/AIDS' has the 
meaning given to such term in section 2689.
    ``(c) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $100,000,000 for fiscal year 
2012, and such sums as may be necessary for fiscal years 2013 through 
2016.''.
    (n) Report on Impact of HIV/AIDS in the African-American 
Community.--
            (1) In general.--The Secretary shall submit to Congress and 
        the President an annual report on the impact of HIV/AIDS in the 
        African-American community.
            (2) Contents.--The report under subsection (a) shall 
        include information on the--
                    (A) progress that has been made in reducing the 
                impact of HIV/AIDS in such community;
                    (B) opportunities that exist to make additional 
                progress in reducing the impact of HIV/AIDS in such 
                community;
                    (C) challenges that may impede such additional 
                progress; and
                    (D) Federal funding necessary to achieve 
                substantial reductions in HIV/AIDS in the African-
                American community.

SEC. 749. REDUCING THE SPREAD OF SEXUALLY TRANSMITTED INFECTIONS IN 
              CORRECTIONAL FACILITIES.

    (a) Short Title.--This section may be cited as the ``Justice for 
the Unprotected Against Sexually Transmitted Infections among the 
Confined and Exposed Act'' or the ``JUSTICE Act''.
    (b) Findings.--The Congress makes the following findings:
            (1) According to the Bureau of Justice Statistics (BJS), 
        2,292,133 persons were incarcerated in the United States as of 
        the end of 2009. Between 1998 and 2008, the number of persons 
        incarcerated in Federal or State correctional facilities 
        increased by an average of 2.4 percent per year. One in every 
        32 United States residents was on probation, in jail or prison, 
        or on parole at the end of 2009.
            (2) As of 2009, 66.8 percent of incarcerated persons were 
        racial or ethnic minorities. Based on current incarceration 
        rates, BJS estimates that African-American males are 6 times 
        more likely to be held in custody than White males, while 
        Hispanic males are a little more than 2 times more likely to be 
        held in custody. Across all age categories, African-American 
        males were incarcerated at higher rates than Hispanic or White 
        males.
            (3) There is a disproportionately high rate of HIV/AIDS 
        among incarcerated persons, especially among minorities. 
        Approximately 25 percent of the HIV-positive population of the 
        United States passes through correctional facilities each year. 
        BJS has determined that the rate of confirmed AIDS cases is 2.4 
        times higher among incarcerated persons than in the general 
        population. Minorities account for the majority of AIDS-related 
        deaths among incarcerated persons, with African-American 
        incarcerated persons 2.8 times more likely than White 
        incarcerated persons and 1.4 times more likely than Hispanic 
        incarcerated persons to die from AIDS-related causes. Nearly 
        two-thirds of AIDS-related deaths are among Black, non-Hispanic 
        males.
            (4) Studies suggest that other sexually transmitted 
        infections (STIs), such as gonorrhea, chlamydia, syphilis, 
        genital herpes, viral hepatitis, and human papillomavirus, also 
        exist at a higher rate among incarcerated persons than in the 
        general population. For instance, researchers have estimated 
        that the rate of hepatitis C (HCV) infection among incarcerated 
        persons is somewhere between 8 and 20 times higher than that of 
        the general population.
            (5) Correctional facilities lack a uniform system of STI 
        testing and reporting. Establishing a uniform data collection 
        system would assist in developing and targeting counseling and 
        treatment programs for incarcerated persons. Better developed 
        and targeted programs may reduce the spread of STIs.
            (6) Although Congress has acted to reduce the spread of 
        sexual violence in correctional facilities by enacting the 
        National Prison Rape Elimination Act (PREA) of 2003, BJS 
        reported that approximately 4.4 percent of incarcerated persons 
        in prisons and 3.1 percent of persons in jail reported 
        experiencing one or more incidents of sexual victimization by 
        another incarcerated person or correctional facility staff in 
        the previous year.
            (7) Approximately 95 percent of all incarcerated persons 
        eventually return to society. According to one study, every 
        year approximately 100,000 persons infected with both HIV and 
        HCV are released from correctional facilities. These 
        individuals comprise approximately 50 percent of all persons 
        with both infections in the United States.
            (8) According to the Centers for Disease Control and 
        Prevention (CDC), latex condoms, when used consistently and 
        correctly, are highly effective in preventing the transmission 
        of HIV. Latex condoms also reduce the risk of other STIs. 
        Despite the effectiveness of condoms in reducing the spread of 
        STIs, the Bureau of Prisons does not recommend their use in 
        correctional facilities.
            (9) The distribution of condoms in correctional facilities 
        is currently legal in certain parts of the United States and 
        the world. The States of Vermont and Mississippi and the 
        District of Columbia allow condom distribution programs in 
        their correctional facilities. The cities of New York, San 
        Francisco, Los Angeles, Washington DC, and Philadelphia also 
        allow condom distribution in their correctional facilities. 
        However, these States and cities operate fewer than 1 percent 
        of all correctional facilities.
            (10) A 2007 report by the Massachusetts General Hospital 
        Division of Infectious Diseases and the University of 
        California, San Francisco, found that the proportion of 
        European prison systems allowing condoms rose from 53 percent 
        in 1989 to 81 percent in 1997. The same report also found that 
        no prison system allowing the distribution of condoms had 
        reversed their decision, and no prison system reported an 
        increase in sexual activity among incarcerated persons as a 
        result of a decision to allow condom distribution.
            (11) In 2000 and 2001, researchers surveyed 300 
        incarcerated persons and 100 correctional officers at the 
        Central Detention Facility, a correctional facility operated by 
        the District of Columbia at which condoms are available. 
        Researchers found that both incarcerated persons and 
        correctional officers generally supported the condom 
        distribution program and considered it to be important. 
        Furthermore, the researchers determined that the program had 
        not caused any major security infractions. In Canada, the 
        Expert Committee on AIDS and Prisons surveyed more than 400 
        correctional officers in the Federal prison system of Canada in 
        1995 and reported that 82 percent of those responding indicated 
        that the availability of condoms had created no problems at 
        their facility.
            (12) The American Public Health Association, the United 
        Nations Joint Program on HIV/AIDS, and the World Health 
        Organization have endorsed the effectiveness of condom 
        distribution programs in correctional facilities.
            (13) Many correctional facilities in the United States do 
        not provide comprehensive testing and treatment programs to 
        reduce the spread of STIs. According to BJS surveys from 2005, 
        only 996 of the 1,821 Federal and State correctional facilities 
        (i.e. 54.7 percent) provided HIV/AIDS counseling programs.
            (14) Individuals who are enrolled in Medicaid prior to 
        incarceration face a suspension of their benefits upon 
        incarceration, and in some States a termination of their 
        Medicaid eligibility. The Federal Government encourages States 
        to automatically re-enroll incarcerated persons on Medicaid 
        upon their release from a correctional facility, unless the 
        State reaches a determination that the individual is no longer 
        eligible for reasons other than their prior incarceration.
            (15) Formerly incarcerated individuals who are newly 
        released from correctional facilities often face delays in the 
        resumption of their Medicaid benefits which may exacerbate any 
        health issues which they face.
            (16) Incarcerated individuals living with HIV/AIDS who are 
        eligible for Medicaid would benefit from prompt and automatic 
        enrollment upon their release in order to ensure their 
        continued ability to access health services, including 
        antiretroviral treatment.
    (c) Authority To Allow Community Organizations To Provide STI 
Counseling, STI Prevention Education, and Sexual Barrier Protection 
Devices in Federal Correctional Facilities.--
            (1) Directive to attorney general.--Not later than 30 days 
        after the date of enactment of this Act, the Attorney General 
        shall direct the Bureau of Prisons to allow community 
        organizations to distribute sexual barrier protection devices 
        and to engage in STI counseling and STI prevention education in 
        Federal correctional facilities. These activities shall be 
        subject to all relevant Federal laws and regulations which 
        govern visitation in correctional facilities.
            (2) Information requirement.--Any community organization 
        permitted to distribute sexual barrier protection devices under 
        paragraph (1) must ensure that the persons to whom the devices 
        are distributed are informed about the proper use and disposal 
        of sexual barrier protection devices in accordance with 
        established public health practices. Any community organization 
        conducting STI counseling or STI prevention education under 
        paragraph (1) must offer comprehensive sexuality education.
            (3) Possession of device protected.--No Federal 
        correctional facility may, because of the possession or use of 
        a sexual barrier protection device--
                    (A) take adverse action against an incarcerated 
                person; or
                    (B) consider possession or use as evidence of 
                prohibited activity for the purpose of any Federal 
                correctional facility administrative proceeding.
            (4) Implementation.--The Attorney General and Bureau of 
        Prisons shall implement this section according to established 
        public health practices in a manner that protects the health, 
        safety, and privacy of incarcerated persons and of correctional 
        facility staff.
    (d) Sense of Congress Regarding Distribution of Sexual Barrier 
Protection Devices in State Prison Systems.--It is the sense of 
Congress that States should allow for the legal distribution of sexual 
barrier protection devices in State correctional facilities to reduce 
the prevalence and spread of STIs in those facilities.
    (e) Automatic Reinstatement of Medicaid Benefits.--
            (1) In general.--Section 1902(e) of the Social Security Act 
        (42 U.S.C. 1396a(e)) is amended by adding at the end the 
        following:
            ``(15) Enrollment of ex-offenders.--
                    ``(A) Automatic enrollment or reinstatement.--
                            ``(i) In general.--The State plan shall 
                        provide for the automatic enrollment or 
                        reinstatement of enrollment of an eligible 
                        individual if--
                                    ``(I) such individual is scheduled 
                                to be released from a public 
                                institution due to the completion of 
                                sentence, not less than 30 days prior 
                                to the scheduled date of the release; 
                                and
                                    ``(II) such individual is to be 
                                released from a public institution on 
                                parole or on probation, as soon as 
                                possible after the date on which the 
                                determination to release such 
                                individual was made, and before the 
                                date such individual is released.
                            ``(ii) Exception.--If a State makes a 
                        determination that an individual is not 
                        eligible to be enrolled under the State plan--
                                    ``(I) on or before the date by 
                                which the individual would be enrolled 
                                under clause (i), such clause shall not 
                                apply to such individual; or
                                    ``(II) after such date, the State 
                                may terminate the enrollment of such 
                                individual.
                    ``(B) Relationship of enrollment to payment for 
                services.--
                            ``(i) In general.--Subject to subparagraph 
                        (A)(ii), an eligible individual who is 
                        enrolled, or whose enrollment is reinstated 
                        under subparagraph (A), shall be eligible for 
                        medical assistance that is provided after the 
                        date that the eligible individual is released 
                        from the public institution
                            ``(ii) Relationship to payment prohibition 
                        for inmates.--No provision of this paragraph 
                        may be construed to permit payment for care or 
                        services for which payment is excluded under 
                        the subparagraph (A), following paragraph (29), 
                        of section 1905(a).
                    ``(C) Treatment of continuous eligibility.--
                            ``(i) Suspension for inmates.--Any period 
                        of continuous eligibility under this title 
                        shall be suspended on the date an individual 
                        enrolled under this title becomes an inmate of 
                        a public institution (except as a patient of a 
                        medical institution).
                            ``(ii) Determination of remaining period.--
                        Notwithstanding any changes to State law 
                        related to continuous eligibility during the 
                        time that an individual is an inmate of a 
                        public institution (except as a patient of a 
                        medical institution), subject to clause (iii), 
                        with respect to an eligible individual who was 
                        subject to a suspension under subclause (I), on 
                        the date that such individual is released from 
                        a public institution the suspension of 
                        continuous eligibility under such subclause 
                        shall be lifted for a period that is equal to 
                        the time remaining in the period of continuous 
                        eligibility for such individual on the date 
                        that such period was suspended under such 
                        subclause.
                            ``(iii) Exception.--If a State makes a 
                        determination that an individual is not 
                        eligible to be enrolled under the State plan--
                                    ``(I) on or before the date that 
                                the suspension of continuous 
                                eligibility is lifted under clause 
                                (ii), such clause shall not apply to 
                                such individual; or
                                    ``(II) after such date, the State 
                                may terminate the enrollment of such 
                                individual.
                    ``(D) Automatic enrollment or reinstatement of 
                enrollment defined.--For purposes of this paragraph, 
                the term `automatic enrollment or reinstatement of 
                enrollment' means that the State determines eligibility 
                for medical assistance under the State plan without a 
                program application from, or on behalf of, the eligible 
                individual, but an individual can only be automatically 
                enrolled in the State Medicaid plan if the individual 
                affirmatively consents to being enrolled through 
                affirmation in writing, by telephone, orally, through 
                electronic signature, or through any other means 
                specified by the Secretary.
                    ``(E) Eligible individual defined.--For purposes of 
                this paragraph, the term `eligible individual' means an 
                individual who is an inmate of a public institution 
                (except as a patient in a medical institution)--
                            ``(i) who was enrolled under the State plan 
                        for medical assistance immediately before 
                        becoming an inmate of such an institution; or
                            ``(ii) is diagnosed with human 
                        immunodeficiency virus.''.
            (2) Supplemental funding for state implementation of 
        automatic reinstatement of medicaid benefits.--
                    (A) In general.--Subject to paragraph (6), for each 
                State for which the Secretary of Health and Human 
                Services has approved an application under paragraph 
                (3), the Federal matching payments (including payments 
                based on the Federal medical assistance percentage) 
                made to such State under section 1903 of the Social 
                Security Act (42 U.S.C. 1396b) shall be increased by 
                5.0 percentage points for payments to the State for the 
                activities permitted under paragraph (2) for a period 
                of one year.
                    (B) Use of funds.--A State may only use increased 
                matching payments authorized under paragraph (1)--
                            (i) to strengthen the State's enrollment 
                        and administrative resources for the purpose of 
                        improving processes for enrolling (or 
                        reinstating the enrollment of) eligible 
                        individuals (as such term is defined in section 
                        1902(e)(15)(E) of the Social Security Act); and
                            (ii) for medical assistance (as such term 
                        is defined in section 1905(a) of the Social 
                        Security Act) provided to such eligible 
                        individuals.
                    (C) Application and agreement.--The Secretary may 
                only make payments to a State in the increased amount 
                if--
                            (i) the State has amended the State plan 
                        under section 1902 of the Social Security Act 
                        to incorporate the requirements of subsection 
                        (e)(15) of such section;
                            (ii) the State has submitted an application 
                        to the Secretary that includes a plan for 
                        implementing the requirements of section 
                        1902(e)(15) of the Social Security Act under 
                        the State's amended State plan before the end 
                        of the 90-day period beginning on the date that 
                        the State receives increased matching payments 
                        under paragraph (1);
                            (iii) the State's application meets the 
                        satisfaction of the Secretary; and
                            (iv) the State enters an agreement with the 
                        Secretary that states that--
                                    (I) the State will only use the 
                                increased matching funds for the uses 
                                permitted under paragraph (2); and
                                    (II) at the end of the period under 
                                paragraph (1), the State will submit to 
                                the Secretary, and make publicly 
                                available, a report that contains the 
                                information required under paragraph 
                                (4).
                    (D) Required report information.--The information 
                that is required in the report under paragraph 
                (3)(D)(ii) includes--
                            (i) the results of an evaluation of the 
                        impact of the implementation of the 
                        requirements of section 1902(e)(15) of the 
                        Social Security Act on improving the State's 
                        processes for enrolling of individuals who are 
                        released for public institutions into the 
                        Medicaid program;
                            (ii) the number of individuals who were 
                        automatically enrolled (or whose enrollment is 
                        reinstated) under such section 1902(e)(15) 
                        during the period under paragraph (1); and
                            (iii) any other information that is 
                        required by the Secretary.
                    (E) Increase in cap on medicaid payments to 
                territories.--Subject to paragraph (6), the amounts 
                otherwise determined for Puerto Rico, the United States 
                Virgin Islands, Guam, the Commonwealth of the Northern 
                Mariana Islands, and American Samoa under subsections 
                (f) and (g) of section 1108 of the Social Security Act 
                (42 U.S.C. 1308) shall each be increased by the 
                necessary amount to allow for the increase in the 
                Federal matching payments under paragraph (1), but only 
                for the period under such paragraph for such State. In 
                the case of such an increase for a territory, 
                subsection (a)(1) of such section 1108 shall be applied 
                without regard to any increase in payment made to the 
                territory under part E of title IV of such Act that is 
                attributable to the increase in Federal medical 
                assistance percentage effected under paragraph (1) for 
                the territory.
                    (F) Limitations.--
                            (i) Timing.--With respect to a State, at 
                        the end of the period under paragraph (1), no 
                        increased matching payments may be made to such 
                        State under this subsection.
                            (ii) Maintenance of eligibility.--
                                    (I) In general.--Subject to clause 
                                (ii), a State is not eligible for an 
                                increase in its Federal matching 
                                payments under paragraph (1), or an 
                                increase in a cap amount under 
                                paragraph (5), if eligibility 
                                standards, methodologies, or procedures 
                                under its State plan under title XIX of 
                                the Social Security Act (including any 
                                waiver under such title or under 
                                section 1115 of such Act (42 U.S.C. 
                                1315)) are more restrictive than the 
                                eligibility standards, methodologies, 
                                or procedures, respectively, under such 
                                plan (or waiver) as in effect on the 
                                date of enactment of this Act.
                                    (II) State reinstatement of 
                                eligibility permitted.--A State that 
                                has restricted eligibility standards, 
                                methodologies, or procedures under its 
                                State plan under title XIX of the 
                                Social Security Act (including any 
                                waiver under such title or under 
                                section 1115 of such Act (42 U.S.C. 
                                1315)) after the date of enactment of 
                                this Act, is no longer ineligible under 
                                clause (i) beginning with the first 
                                calendar quarter in which the State has 
                                reinstated eligibility standards, 
                                methodologies, or procedures that are 
                                no more restrictive than the 
                                eligibility standards, methodologies, 
                                or procedures, respectively, under such 
                                plan (or waiver) as in effect on such 
                                date.
                            (iii) No waiver authority.--The Secretary 
                        may not waive the application of this 
                        subsection under section 1115 of the Social 
                        Security Act or otherwise.
                            (iv) Limitation of matching payments to 100 
                        percent.--In no case shall an increase in 
                        Federal matching payments under this subsection 
                        result in Federal matching payments that exceed 
                        100 percent.
            (3) Effective date.--
                    (A) In general.--Except as provided in paragraph 
                (2), the amendments made by subsection (a) shall take 
                effect 180 days after the date of the enactment of this 
                Act and shall apply to services furnished on or after 
                such date.
                    (B) Rule for changes requiring state legislation.--
                In the case of a State plan for medical assistance 
                under title XIX of the Social Security Act which the 
                Secretary of Health and Human Services determines 
                requires State legislation (other than legislation 
                appropriating funds) in order for the plan to meet the 
                additional requirement imposed by the amendments made 
                by this subsection, the State plan shall not be 
                regarded as failing to comply with the requirements of 
                such title solely on the basis of its failure to meet 
                this additional requirement before the first day of the 
                first calendar quarter beginning after the close of the 
                first regular session of the State legislature that 
                begins after the date of the enactment of this Act. For 
                purposes of the previous sentence, in the case of a 
                State that has a 2-year legislative session, each year 
                of such session shall be deemed to be a separate 
                regular session of the State legislature.
    (f)  Survey of and Report on Correctional Facility Programs Aimed 
at Reducing the Spread of STIs.--
            (1) Survey.--The Attorney General, after consulting with 
        the Secretary of Health and Human Services, State officials, 
        and community organizations, shall, to the maximum extent 
        practicable, conduct a survey of all Federal and State 
        correctional facilities, no later than 180 days after the date 
        of enactment of this Act and annually thereafter for 5 years, 
        to determine the following:
                    (A) Prevention education offered.--The type of 
                prevention education, information, or training offered 
                to incarcerated persons and correctional facility staff 
                regarding sexual violence and the spread of STIs, 
                including whether such education, information, or 
                training--
                            (i) constitutes comprehensive sexuality 
                        education;
                            (ii) is compulsory for new incarcerated 
                        persons and for new staff; and
                            (iii) is offered on an ongoing basis.
                    (B) Access to sexual barrier protection devices.--
                Whether incarcerated persons can--
                            (i) possess sexual barrier protection 
                        devices;
                            (ii) purchase sexual barrier protection 
                        devices;
                            (iii) purchase sexual barrier protection 
                        devices at a reduced cost; and
                            (iv) obtain sexual barrier protection 
                        devices without cost.
                    (C) Incidence of sexual violence.--The incidence of 
                sexual violence and assault committed by incarcerated 
                persons and by correctional facility staff.
                    (D) Counseling, treatment, and supportive 
                services.--Whether the correctional facility requires 
                incarcerated persons to participate in counseling, 
                treatment, and supportive services related to STIs, or 
                whether it offers such programs to incarcerated 
                persons.
                    (E) STI testing.--Whether the correctional facility 
                tests incarcerated persons for STIs or gives them the 
                option to undergo such testing--
                            (i) at intake;
                            (ii) on a regular basis; and
                            (iii) prior to release.
                    (F) STI test results.--The number of incarcerated 
                persons who are tested for STIs and the outcome of such 
                tests at each correctional facility, disaggregated to 
                include results for--
                            (i) the type of sexually transmitted 
                        infection tested for;
                            (ii) the race and/or ethnicity of 
                        individuals tested;
                            (iii) the age of individuals tested; and
                            (iv) the gender of individuals tested.
                    (G) Pre-release referral policy.--Whether 
                incarcerated persons are informed prior to release 
                about STI-related services or other health services in 
                their communities, including free and low-cost 
                counseling and treatment options.
                    (H) Pre-release referrals made.--The number of 
                referrals to community-based organizations or public 
                health facilities offering STI-related or other health 
                services provided to incarcerated persons prior to 
                release, and the type of counseling or treatment for 
                which the referral was made.
                    (I) Reinstatement of medicaid benefits.--Whether 
                the correctional facility assists incarcerated persons 
                that were enrolled in the State Medicaid program prior 
                to their incarceration, in reinstating their enrollment 
                upon release and whether such individuals receive 
                referrals as provided by paragraph (8) to entities that 
                accept the State Medicaid program, including if 
                applicable--
                            (i) the number of such individuals, 
                        including those diagnosed with the human 
                        immunodeficiency virus, that have been 
                        reinstated;
                            (ii) a list of obstacles to reinstating 
                        enrollment or to making determinations of 
                        eligibility for reinstatement, if any; and
                            (iii) the number of individuals denied 
                        enrollment.
                    (J) Other actions taken.--Whether the correctional 
                facility has taken any other action, in conjunction 
                with community organizations or otherwise, to reduce 
                the prevalence and spread of STIs in that facility.
            (2) Privacy.--In conducting the survey, the Attorney 
        General shall not request or retain the identity of any person 
        who has sought or been offered counseling, treatment, testing, 
        or prevention education information regarding an STI (including 
        information about sexual barrier protection devices), or who 
        has tested positive for an STI.
            (3) Report.--The Attorney General shall transmit to 
        Congress and make publicly available the results of the survey 
        required under paragraph (1), both for the Nation as a whole 
        and disaggregated as to each State and each correctional 
        facility. To the maximum extent possible, the Attorney General 
        shall issue the first report no later than 1 year after the 
        date of enactment of this Act and shall issue reports annually 
        thereafter for 5 years.
    (g) Strategy.--
            (1) Directive to attorney general.--The Attorney General, 
        in consultation with the Secretary of Health and Human 
        Services, State officials, and community organizations, shall 
        develop and implement a 5-year strategy to reduce the 
        prevalence and spread of STIs in Federal and State correctional 
        facilities. To the maximum extent possible, the strategy shall 
        be developed, transmitted to Congress, and made publicly 
        available no later than 180 days after the transmission of the 
        first report required under subsection (h)(3).
            (2) Contents of strategy.--The strategy shall include the 
        following:
                    (A) Prevention education.--A plan for improving 
                prevention education, information, and training offered 
                to incarcerated persons and correctional facility 
                staff, including information and training on sexual 
                violence and the spread of STIs, and comprehensive 
                sexuality education.
                    (B) Sexual barrier protection device access.--A 
                plan for expanding access to sexual barrier protection 
                devices in correctional facilities.
                    (C) Sexual violence reduction.--A plan for reducing 
                the incidence of sexual violence among incarcerated 
                persons and correctional facility staff, developed in 
                consultation with the National Prison Rape Elimination 
                Commission.
                    (D) Counseling and supportive services.--A plan for 
                expanding access to counseling and supportive services 
                related to STIs in correctional facilities.
                    (E) Testing.--A plan for testing incarcerated 
                persons for STIs during intake, during regular health 
                exams, and prior to release, and that--
                            (i) is conducted in accordance with 
                        guidelines established by the Centers for 
                        Disease Control and Prevention;
                            (ii) includes pre-test counseling;
                            (iii) requires that incarcerated persons 
                        are notified of their option to decline testing 
                        at any time;
                            (iv) requires that incarcerated persons are 
                        confidentially notified of their test results 
                        in a timely manner; and
                            (v) ensures that incarcerated persons 
                        testing positive for STIs receive post-test 
                        counseling, care, treatment, and supportive 
                        services.
                    (F) Treatment.--A plan for ensuring that 
                correctional facilities have the necessary medicine and 
                equipment to treat and monitor STIs and for ensuring 
                that incarcerated persons living with or testing 
                positive for STIs receive and have access to care and 
                treatment services.
                    (G) Strategies for demographic groups.--A plan for 
                developing and implementing culturally appropriate, 
                sensitive, and specific strategies to reduce the spread 
                of STIs among demographic groups heavily impacted by 
                STIs.
                    (H) Linkages with communities and facilities.--A 
                plan for establishing and strengthening linkages to 
                local communities and health facilities that--
                            (i) provide counseling, testing, care, and 
                        treatment services;
                            (ii) may receive persons recently released 
                        from incarceration who are living with STIs; 
                        and
                            (iii) accept payment through the State 
                        Medicaid program.
                    (I) Enrollment in state medicaid programs.--Plans 
                to ensure that incarcerated persons who were--
                            (i) enrolled in their State Medicaid 
                        program prior to incarceration in a 
                        correctional facility are automatically re-
                        enrolled in such program upon their release; 
                        and
                            (ii) not enrolled in their State Medicaid 
                        program prior to incarceration, but who are 
                        diagnosed with the human immunodeficiency virus 
                        while incarcerated in a correctional facility, 
                        are automatically enrolled in such program upon 
                        their release.
                    (J) Other plans.--Any other plans developed by the 
                Attorney General for reducing the spread of STIs or 
                improving the quality of health care in correctional 
                facilities.
                    (K) Monitoring system.--A monitoring system that 
                establishes performance goals related to reducing the 
                prevalence and spread of STIs in correctional 
                facilities and which, where feasible, expresses such 
                goals in quantifiable form.
                    (L) Monitoring system performance indicators.--
                Performance indicators that measure or assess the 
                achievement of the performance goals described in 
                subparagraph (I).
                    (M) Cost estimate.--A detailed estimate of the 
                funding necessary to implement the strategy at the 
                Federal and State levels for all 5 years, including the 
                amount of funds required by community organizations to 
                implement the parts of the strategy in which they take 
                part.
            (3) Report.--The Attorney General shall transmit to 
        Congress and make publicly available an annual progress report 
        regarding the implementation and effectiveness of the strategy 
        described in subsection (a). The progress report shall include 
        an evaluation of the implementation of the strategy using the 
        monitoring system and performance indicators provided for in 
        subparagraphs (I) and (J) of paragraph (2).
    (h) Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        such sums as may be necessary to carry out this section for 
        each of the fiscal years 2012 through 2018.
            (2) Availability of funds.--Amounts made available under 
        subsection (a) are authorized to remain available until 
        expended.
    (i) Definitions.--For the purposes of this section:
            (1) Community organization.--The term ``community 
        organization'' means a public health care facility or a 
        nonprofit organization which provides health- or STI-related 
        services according to established public health standards.
            (2) Comprehensive sexuality education.--The term 
        ``comprehensive sexuality education'' means sexuality education 
        that includes information about abstinence and about the proper 
        use and disposal of sexual barrier protection devices and which 
        is--
                    (A) evidence-based;
                    (B) medically accurate;
                    (C) age and developmentally appropriate;
                    (D) gender and identity sensitive;
                    (E) culturally and linguistically appropriate; and
                    (F) structured to promote critical thinking, self-
                esteem, respect for others, and the development of 
                healthy attitudes and relationships.
            (3) Correctional facility.--The term ``correctional 
        facility'' means any prison, penitentiary, adult detention 
        facility, juvenile detention facility, jail, or other facility 
        to which persons may be sent after conviction of a crime or act 
        of juvenile delinquency within the United States.
            (4) Incarcerated person.--The term ``incarcerated person'' 
        means any person who is serving a sentence in a correctional 
        facility after conviction of a crime.
            (5) Sexually transmitted infection.--The term ``sexually 
        transmitted infection'' or ``STI'' means any disease or 
        infection that is commonly transmitted through sexual activity, 
        including HIV/AIDS, gonorrhea, chlamydia, syphilis, genital 
        herpes, viral hepatitis, and human papillomavirus.
            (6) Sexual barrier protection device.--The term ``sexual 
        barrier protection device'' means any FDA-approved physical 
        device which has not been tampered with and which reduces the 
        probability of STI transmission or infection between sexual 
        partners, including female condoms, male condoms, and dental 
        dams.
            (7) State.--The term ``State'' includes the District of 
        Columbia, American Samoa, the Commonwealth of the Northern 
        Mariana Islands, Guam, Puerto Rico, and the United States 
        Virgin Islands.

SEC. 750. STOP AIDS IN PRISON.

    (a) Short Title.--This section may be cited as the ``Stop AIDS in 
Prison Act of 2011''.
    (b) Comprehensive HIV/AIDS Policy.--
            (1) In general.--The Bureau of Prisons (hereinafter in this 
        section referred to as the ``Bureau'') shall develop a 
        comprehensive policy to provide HIV testing, treatment, and 
        prevention for inmates within the correctional setting and upon 
        reentry.
            (2) Purpose.--The purposes of such policy are the 
        following:
                    (A) To stop the spread of HIV/AIDS among inmates.
                    (B) To protect prison guards and other personnel 
                from HIV/AIDS infection.
                    (C) To provide comprehensive medical treatment to 
                inmates who are living with HIV/AIDS.
                    (D) To promote HIV/AIDS awareness and prevention 
                among inmates.
                    (E) To encourage inmates to take personal 
                responsibility for their health.
                    (F) To reduce the risk that inmates will transmit 
                HIV/AIDS to other persons in the community following 
                their release from prison.
            (3) Consultation.--The Bureau shall consult with 
        appropriate officials of the Department of Health and Human 
        Services, the Office of National Drug Control Policy, the 
        Office of National AIDS Policy, and the Centers for Disease 
        Control regarding the development of such policy.
            (4) Time limit.--The Bureau shall draft appropriate 
        regulations to implement such policy not later than 1 year 
        after the date of the enactment of this Act.
    (c) Requirements for Policy.--The policy created under subsection 
(b) shall provide for the following:
            (1) Testing and counseling upon intake.--
                    (A)(i) Subject to clause (ii), health care 
                personnel shall provide routine HIV testing to all 
                inmates as a part of a comprehensive medical 
                examination immediately following admission to a 
                facility.
                    (ii) Health care personnel shall not be required to 
                provide routine HIV testing to an inmate who is 
                transferred to a facility from another facility if the 
                inmate's medical records are transferred with the 
                inmate and indicate that the inmate has been tested 
                previously.
                    (B) To all inmates admitted to a facility prior to 
                the effective date of this policy, health care 
                personnel shall provide routine HIV testing within no 
                more than 6 months. HIV testing for these inmates may 
                be performed in conjunction with other health services 
                provided to these inmates by health care personnel.
                    (C) All HIV tests under this paragraph shall comply 
                with paragraph (9).
            (2) Pre-test and post-test counseling.--Health care 
        personnel shall provide confidential pre-test and post-test 
        counseling to all inmates who are tested for HIV. Counseling 
        may be included with other general health counseling provided 
        to inmates by health care personnel.
            (3) HIV/AIDS prevention education.--
                    (A) Health care personnel shall improve HIV/AIDS 
                awareness through frequent educational programs for all 
                inmates. HIV/AIDS educational programs may be provided 
                by community based organizations, local health 
                departments, and inmate peer educators. Such HIV/AIDS 
                educational programs shall include information on modes 
                of transmission, including transmission through 
                tattooing, sexual contact, and intravenous drug use; 
                prevention methods; treatment; and disease progression. 
                HIV/AIDS educational programs shall be culturally 
                sensitive, conducted in a variety of languages, and 
                present scientifically accurate information in a clear 
                and understandable manner.
                    (B) HIV/AIDS educational materials shall be made 
                available to all inmates at orientation, at health care 
                clinics, at regular educational programs, and prior to 
                release. Both written and audio-visual materials shall 
                be made available to all inmates. These materials shall 
                be culturally sensitive, written for low literacy 
                levels, and available in a variety of languages.
            (4) HIV testing upon request.--
                    (A) Health care personnel shall allow inmates to 
                obtain HIV tests upon request once per year or whenever 
                an inmate has a reason to believe the inmate may have 
                been exposed to HIV. Health care personnel shall, both 
                orally and in writing, inform inmates, during 
                orientation and periodically throughout incarceration, 
                of their right to obtain HIV tests.
                    (B) Health care personnel shall encourage inmates 
                to request HIV tests if the inmate is sexually active, 
                has been raped, uses intravenous drugs, receives a 
                tattoo, or if the inmate is concerned that the inmate 
                may have been exposed to HIV/AIDS.
                    (C) An inmate's request for an HIV test shall not 
                be considered an indication that the inmate has put 
                himself or herself at risk of infection or committed a 
                violation of prison rules.
            (5) HIV testing of pregnant woman.--
                    (A) Health care personnel shall provide routine HIV 
                testing to all inmates who become pregnant.
                    (B) All HIV tests under this paragraph shall comply 
                with paragraph (9).
            (6) Comprehensive treatment.--
                    (A) Health care personnel shall provide all inmates 
                who test positive for HIV--
                            (i) timely, comprehensive medical 
                        treatment;
                            (ii) confidential counseling on managing 
                        their medical condition and preventing its 
                        transmission to other persons; and
                            (iii) voluntary partner notification 
                        services.
                    (B) Medical care provided under this paragraph 
                shall be consistent with current Department of Health 
                and Human Services guidelines and standard medical 
                practice. Health care personnel shall discuss treatment 
                options, the importance of adherence to antiretroviral 
                therapy, and the side effects of medications with 
                inmates receiving treatment.
                    (C) Health care personnel and pharmacy personnel 
                shall ensure that the facility formulary contains all 
                Food and Drug Administration-approved medications 
                necessary to provide comprehensive treatment for 
                inmates living with HIV/AIDS, and that the facility 
                maintains adequate supplies of such medications to meet 
                inmates' medical needs. Health care personnel and 
                pharmacy personnel shall also develop and implement 
                automatic renewal systems for these medications to 
                prevent interruptions in care.
                    (D) Correctional staff, health care personnel, and 
                pharmacy personnel shall develop and implement 
                distribution procedures to ensure timely and 
                confidential access to medications.
            (7) Protection of confidentiality.--
                    (A) Health care personnel shall develop and 
                implement procedures to ensure the confidentiality of 
                inmate tests, diagnoses, and treatment. Health care 
                personnel and correctional staff shall receive regular 
                training on the implementation of these procedures. 
                Penalties for violations of inmate confidentiality by 
                health care personnel or correctional staff shall be 
                specified and strictly enforced.
                    (B) HIV testing, counseling, and treatment shall be 
                provided in a confidential setting where other routine 
                health services are provided and in a manner that 
                allows the inmate to request and obtain these services 
                as routine medical services.
            (8) Testing, counseling, and referral prior to reentry.--
                    (A)(i) Subject to clauses (ii) and (iii), health 
                care personnel shall provide routine HIV testing to all 
                inmates no more than 3 months prior to their release 
                and reentry into the community.
                    (ii) Inmates who are already known to be infected 
                shall not be required to be tested again.
                    (iii) The requirement under clause (i) may be 
                waived if an inmate's release occurs without sufficient 
                notice to the Bureau to allow health care personnel to 
                perform a routine HIV test and notify the inmate of the 
                results.
                    (B) All HIV tests under this paragraph shall comply 
                with paragraph (9).
                    (C) To all inmates who test positive for HIV and 
                all inmates who already are known to have HIV/AIDS, 
                health care personnel shall provide--
                            (i) confidential prerelease counseling on 
                        managing their medical condition in the 
                        community, accessing appropriate treatment and 
                        services in the community, and preventing the 
                        transmission of their condition to family 
                        members and other persons in the community;
                            (ii) referrals to appropriate health care 
                        providers and social service agencies in the 
                        community that meet the inmate's individual 
                        needs, including voluntary partner notification 
                        services and prevention counseling services for 
                        people living with HIV/AIDS; and
                            (iii) a 30-day supply of any medically 
                        necessary medications the inmate is currently 
                        receiving.
            (9) Opt-out provision.--Inmates shall have the right to 
        refuse routine HIV testing. Inmates shall be informed both 
        orally and in writing of this right. Oral and written 
        disclosure of this right may be included with other general 
        health information and counseling provided to inmates by health 
        care personnel. If an inmate refuses a routine test for HIV, 
        health care personnel shall make a note of the inmate's refusal 
        in the inmate's confidential medical records. However, the 
        inmate's refusal shall not be considered a violation of prison 
        rules or result in disciplinary action.
            (10) Exclusion of tests performed under section 4014(b)  
        from the definition of routine hiv testing.--HIV testing of an 
        inmate under section 4014(b) of title 18, United States Code, 
        is not routine HIV testing for the purposes of paragraph (9). 
        Health care personnel shall document the reason for testing 
        under section 4014(b) of title 18, United States Code, in the 
        inmate's confidential medical records.
            (11) Timely notification of test results.--Health care 
        personnel shall provide timely notification to inmates of the 
        results of HIV tests.
    (d) Changes in Existing Law.--
            (1) Screening in general.--Section 4014(a) of title 18, 
        United States Code, is amended--
                    (A) by striking ``for a period of 6 months or 
                more'';
                    (B) by striking ``, as appropriate,''; and
                    (C) by striking ``if such individual is determined 
                to be at risk for infection with such virus in 
                accordance with the guidelines issued by the Bureau of 
                Prisons relating to infectious disease management'' and 
                inserting ``unless the individual declines. The 
                Attorney General shall also cause such individual to be 
                so tested before release unless the individual 
                declines.''.
            (2) Inadmissibility of hiv test results in civil and 
        criminal proceedings.--Section 4014(d) of title 18, United 
        States Code, is amended by inserting ``or under the Stop AIDS 
        in Prison Act of 2011'' after ``under this section''.
            (3) Screening as part of routine screening.--Section 
        4014(e) of title 18, United States Code, is amended by adding 
        at the end the following: ``Such rules shall also provide that 
        the initial test under this section be performed as part of the 
        routine health screening conducted at intake.''.
    (e) Reporting Requirements.--
            (1) Report on hepatitis and other diseases.--Not later than 
        1 year after the date of the enactment of this Act, the Bureau 
        shall provide a report to the Congress on Bureau policies and 
        procedures to provide testing, treatment, and prevention 
        education programs for hepatitis and other diseases transmitted 
        through sexual activity and intravenous drug use. The Bureau 
        shall consult with appropriate officials of the Department of 
        Health and Human Services, the Office of National Drug Control 
        Policy, the Office of National AIDS Policy, and the Centers for 
        Disease Control and Prevention regarding the development of 
        this report.
            (2) Annual reports.--
                    (A) Generally.--Not later than 2 years after the 
                date of the enactment of this Act, and then annually 
                thereafter, the Bureau shall report to Congress on the 
                incidence among inmates of diseases transmitted through 
                sexual activity and intravenous drug use.
                    (B) Matters pertaining to various diseases.--
                Reports under subparagraph (A) shall discuss--
                            (i) the incidence among inmates of HIV/
                        AIDS, hepatitis, and other diseases transmitted 
                        through sexual activity and intravenous drug 
                        use; and
                            (ii) updates on Bureau testing, treatment, 
                        and prevention education programs for these 
                        diseases.
                    (C) Matters pertaining to hiv/aids only.--Reports 
                under subparagraph (A) shall also include--
                            (i) the number of inmates who tested 
                        positive for HIV upon intake;
                            (ii) the number of inmates who tested 
                        positive prior to reentry;
                            (iii) the number of inmates who were not 
                        tested prior to reentry because they were 
                        released without sufficient notice;
                            (iv) the number of inmates who opted-out of 
                        taking the test;
                            (v) the number of inmates who were tested 
                        under section 4014(b) of title 18, United 
                        States Code; and
                            (vi) the number of inmates under treatment 
                        for HIV/AIDS.
                    (D) Consultation.--The Bureau shall consult with 
                appropriate officials of the Department of Health and 
                Human Services, the Office of National Drug Control 
                Policy, the Office of National AIDS Policy, and the 
                Centers for Disease Control and Prevention regarding 
                the development of reports under subparagraph (A).

SEC. 751. SERVICES TO REDUCE HIV/AIDS IN RACIAL AND ETHNIC MINORITY 
              COMMUNITIES.

    (a) In General.--For the purpose of reducing HIV/AIDS in racial and 
ethnic minority communities, the Secretary, acting through the Deputy 
Assistant Secretary for Minority Health, may make grants to public 
health agencies and faith-based organizations to conduct--
            (1) outreach activities related to HIV/AIDS prevention and 
        testing activities;
            (2) HIV/AIDS prevention activities; and
            (3) HIV/AIDS testing activities.
    (b) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $50,000,000 for fiscal year 
2012, and such sums as may be necessary for fiscal years 2013 through 
2016.

SEC. 752. HEALTH CARE PROFESSIONALS TREATING INDIVIDUALS WITH HIV/AIDS.

    Part E of title VII of the Public Health Service Act (42 U.S.C. 
294n et seq.) is amended by adding at the end the following:

 ``Subpart 5--Health Care Professionals Treating Individuals With HIV/
                                  AIDS

``SEC. 785. HEALTH CARE PROFESSIONALS TREATING INDIVIDUALS WITH HIV/
              AIDS.

    ``(a) In General.--The Secretary, acting through the Administrator 
of the Health Resources and Services Administration and in consultation 
with racial and ethnic minority community organizations, may award 
grants for any of the following:
            ``(1) Development of curricula for training primary care 
        providers in HIV/AIDS prevention and care.
            ``(2) Training health care professionals with expertise in 
        HIV/AIDS to provide care to individuals with HIV/AIDS.
            ``(3) Development by grant recipients under title XXVI and 
        other persons of policies for providing culturally relevant and 
        sensitive treatment to individuals with HIV/AIDS, with 
        particular emphasis on treatment to racial and ethnic 
        minorities, men who have sex with men, and women and children 
        with HIV/AIDS.
            ``(4) Development and implementation of programs to 
        increase the use of telemedicine to respond to HIV/AIDS-
        specific health care needs in rural and minority communities, 
        with particular emphasis given to medically underserved 
        communities and insular areas.
            ``(5) Creation of faith- and community-based certification 
        programs for providers in HIV/AIDS care and support services.
            ``(6) Establishment of comfort care centers that provide 
        mental, emotional, and psychosocial counseling for people with 
        HIV/AIDS and implement additional protocols to be carried out 
        in the centers that address the needs of children and young 
        adults who are infected with the disease and are transitioning 
        from childhood to adulthood.
            ``(7) Incentive payments to health care providers supported 
        by the Health Resources and Services Administration to 
        implement HIV/AIDS testing consistent with the guidelines 
        issued in 2006 by the Centers for Disease Control and 
        Prevention entitled `Revised Recommendations for HIV Testing of 
        Adults, Adolescents, and Pregnant Women in Health-Care 
        Settings'.
    ``(b) Definition.--In this section, the term `HIV/AIDS' has the 
meaning given to such term in section 2689.
    ``(c) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $100,000,000 for fiscal year 
2012, and such sums as may be necessary for fiscal years 2013 through 
2016.''.

SEC. 753. REPORT ON IMPACT OF HIV/AIDS IN RACIAL AND ETHNIC MINORITY 
              COMMUNITIES.

    (a) In General.--The Secretary shall submit to the Congress and the 
President an annual report on the impact of HIV/AIDS in racial and 
ethnic minority communities.
    (b) Contents.--The report under subsection (a) shall include 
information on the--
            (1) progress that has been made in reducing the impact of 
        HIV/AIDS in such communities;
            (2) opportunities that exist to make additional progress in 
        reducing the impact of HIV/AIDS in such communities;
            (3) challenges that may impede such additional progress; 
        and
            (4) Federal funding necessary to achieve substantial 
        reductions in HIV/AIDS in racial and ethnic minority 
        communities.

SEC. 754. STUDY ON STATUS OF HIV/AIDS EPIDEMIC AMONG AFRICAN-AMERICANS.

    (a) In General.--The Secretary shall--
            (1) seek to enter into an agreement with the Institute of 
        Medicine to document, in collaboration with an academic 
        organization which specializes in the identification and 
        reduction of health disparities within the African-American 
        community, all aspects of the HIV/AIDS epidemic among African-
        Americans, including the role that historical racial or ethnic 
        barriers play in sustaining the epidemic among African-
        Americans;
            (2) submit a report to the President, the Director of the 
        Office of National AIDS Policy Coordination, the Director of 
        the White House Domestic Policy Council, the Director of White 
        House Office of Faith-Based and Neighborhood Partnerships, key 
        Federal agencies, and the relevant committees of the Congress 
        on the status of the HIV/AIDS epidemic among African-Americans 
        in the United States; and
            (3) include in such report--
                    (A) specific recommendations on the implementation 
                of Federal policies to reduce the burden of HIV/AIDS in 
                the African-American community; and
                    (B) a special focus on the Black clergy and the 
                church as a unique resource in the African-American 
                community.
    (b) Authorization of Appropriations.--
            (1) In general.--To carry out this section, there is 
        authorized to be appropriated $2,000,000 for each of fiscal 
        years 2012 and 2013.
            (2) Special rule.--Of the amount of funds appropriated to 
        carry out this section for a fiscal year--
                    (A) 45 percent shall be allocated to the Institutes 
                of Medicine pursuant to the agreement entered into 
                under subsection (a)(1);
                    (B) 45 percent shall be allocated to an academic 
                organization which specializes in the identification 
                and reduction of health disparities within the African-
                American community pursuant to such agreement; and
                    (C) 10 percent shall be allocated for 
                administrative costs and other activities under this 
                subsection.

                          Subtitle F--Diabetes

SEC. 755. TREATMENT OF DIABETES IN MINORITY COMMUNITIES.

    (a) Short Title.--This subtitle may be cited as the ``Minority 
Diabetes Initiative Act''.
    (b) Grants Regarding Treatment of Diabetes in Minority 
Communities.--Part D of title III of the Public Health Service Act (42 
U.S.C. 254b et seq.) is amended by inserting after section 330L the 
following:

``SEC. 330M. GRANTS REGARDING TREATMENT OF DIABETES IN MINORITY 
              COMMUNITIES.

    ``(a) In General.--The Secretary may make grants to public and 
nonprofit private health care providers for the purpose of providing 
treatment for diabetes in minority communities.
    ``(b) Recipients of Grants.--The public and nonprofit private 
health care providers to whom grants may be made under subsection (a) 
include physicians, podiatrists, community-based organizations, health 
care organizations, community health centers, and State, local, and 
tribal health departments.
    ``(c) Scope of Treatment Activities.--The Secretary shall ensure 
that grants under subsection (a) cover a variety of diabetes-related 
health care services, including routine care for diabetic patients, 
public education on diabetes prevention and control, eye care, foot 
care, and treatment for kidney disease and other complications of 
diabetes.
    ``(d) Appropriate Cultural Context.--A condition for the receipt of 
a grant under subsection (a) is that the applicant involved agrees 
that, in the program carried out with the grant, services will be 
provided in the languages most appropriate for, and with consideration 
for the cultural backgrounds of, the individuals for whom the services 
are provided.
    ``(e) Outreach Services.--A condition for the receipt of a grant 
under subsection (a) is that the applicant involved agrees to provide 
outreach activities to inform the public of the services of the 
program, and to provide offsite information on diabetes.
    ``(f) Application for Grant.--A grant may be made under subsection 
(a) only if an application for the grant is submitted to the Secretary 
and the application is in such form, is made in such manner, and 
contains such agreements, assurances, and information as the Secretary 
determines to be necessary to carry out this section.
    ``(g) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated such sums as 
may be necessary for each of the fiscal years 2012 through 2017.''.

SEC. 756. ELIMINATING DISPARITIES IN DIABETES PREVENTION ACCESS AND 
              CARE.

    (a) Research, Treatment, and Education.--
            (1) In general.--Subpart 3 of part C of title IV of the 
        Public Health Service Act (42 U.S.C. 285c et seq.) is amended 
        by adding at the end the following new section:

``SEC. 434B. DIABETES IN MINORITY POPULATIONS.

    ``(a) In General.--The Director of the National Institutes of 
Health shall expand, intensify, and support ongoing research and other 
activities with respect to pre-diabetes and diabetes, particularly type 
2, in minority populations, including research to identify clinical, 
socioeconomic, geographical, cultural, and organizational factors that 
contribute to type 2 diabetes in such populations.
    ``(b) Certain Activities.--Activities under subsection (a) 
regarding type 2 diabetes in minority populations shall include the 
following:
            ``(1) Continuing research on behavior and obesity, 
        including through the obesity research center that is sponsored 
        by the National Institutes of Health.
            ``(2) Research on environmental factors that may contribute 
        to the increase in type 2 diabetes.
            ``(3) Support for new methods to identify environmental 
        triggers and genetic interactions that lead to the development 
        of type 2 diabetes in minority newborns. Such research should 
        follow the newborns through puberty, an increasingly high-risk 
        period for developing type 2 diabetes.
            ``(4) Research to identify genes that predispose 
        individuals to the onset of developing type 1 and type 2 
        diabetes and to the development of complications.
            ``(5) Research to prevent complications in individuals who 
        have already developed diabetes, such as research that attempts 
        to identify the genes that predispose individuals with diabetes 
        to the development of complications.
            ``(6) Research methods and alternative therapies to control 
        blood glucose.
            ``(7) Support of ongoing research efforts examining the 
        level of glycemia at which adverse outcomes develop during 
        pregnancy and to address the many clinical issues associated 
        with minority mothers and fetuses during diabetic and 
        gestational diabetic pregnancies.
    ``(c) Education.--The Director of the National Institutes of Health 
shall--
            ``(1) through the National Institute on Minority Health and 
        Health Disparities and the National Diabetes Education 
        Program--
                    ``(A) make grants to programs funded under section 
                485F (relating to centers of excellence) for the 
                purpose of establishing a mentoring program for health 
                care professionals to be more involved in weight 
                counseling, obesity research, and nutrition; and
                    ``(B) provide for the participation of minority 
                health professionals in diabetes-focused research 
                programs; and
            ``(2) make grants for programs to establish a pipeline from 
        high school to professional school that will increase minority 
        representation in diabetes-focused health fields by expanding 
        Minority Access to Research Careers (MARC) program internships 
        and mentoring opportunities for recruitment.
    ``(d) Definition.--For purposes of this section, the term `minority 
population' means a racial and ethnic minority group, as defined in 
section 1707(g).
    ``(e) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated such sums as 
are necessary for fiscal year 2012 and each subsequent fiscal year.''.
            (2) Diabetes mellitus interagency coordinating committee.--
        Section 429 of the Public Health Service Act (42 U.S.C. 285c-3) 
        is amended by adding at the end the following new subsection:
    ``(c)(1) The Diabetes Mellitus Interagency Coordinating Committee 
shall submit to the Secretary a biennial report that shall include an 
assessment of the Federal activities and programs related to diabetes 
in minority populations. Such assessment shall--
            ``(A) compile the current activities of all current Federal 
        health programs to allow for the assessment of their adequacy 
        as a systemic method of addressing the impact of diabetes 
        mellitus on minority populations;
            ``(B) develop strategic planning activities to develop an 
        effective and comprehensive Federal plan to address diabetes 
        mellitus within minority populations which will involve all 
        appropriate Federal health programs and shall--
                    ``(i) include steps to address issues including 
                type 1 and type 2 diabetes in children and the 
                disproportionate impact of diabetes mellitus on 
                minority populations; and
                    ``(ii) remain consistent with the programs and 
                activities identified in section 399O, as well as 
                remaining consistent with the intent of the Eliminating 
                Disparities in Diabetes Prevention Access and Care Act 
                of 2010; and
            ``(C) assess the implementation of such a plan throughout 
        Federal health programs.
    ``(2) For the purposes of this subsection, the term `minority 
population' means a racial and ethnic minority group, as defined in 
section 1707(g).
    ``(3) For the purpose of carrying out this subsection, there are 
authorized to be appropriated such sums as are necessary for fiscal 
year 2012 and each subsequent fiscal year.''.
    (b) Research, Education, and Other Activities.--Part B of title III 
of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by 
inserting after section 317T the following section:

``SEC. 317U. DIABETES IN MINORITY POPULATIONS.

    ``(a) Research and Other Activities.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the Centers for Disease Control and Prevention, 
        shall conduct and support research and other activities with 
        respect to diabetes in minority populations.
            ``(2) Certain activities.--Activities under paragraph (1) 
        regarding diabetes in minority populations shall include the 
        following:
                    ``(A) Expanding the National Diabetes Laboratory 
                capacity for translational research and the 
                identification of genetic and immunological risk 
                factors associated with diabetes.
                    ``(B) Improving the understanding of diabetes 
                prevalence among Asian-American, Native Hawaiian and 
                other Pacific Islanders by enhancing data in the 
                National Health and Nutrition Examination Survey by 
                oversampling these populations in appropriate 
                geographic areas, or by another method determined 
                appropriate to collect this data.
                    ``(C) Within the Division of Diabetes Translation, 
                providing for prevention research to better understand 
                how to influence health care systems changes to improve 
                quality of care being delivered to such populations, 
                and within the Division of Diabetes Translation, 
                carrying out model demonstration projects to design, 
                implement, and evaluate effective diabetes prevention 
                and control intervention for such populations.
                    ``(D) Through the Division of Diabetes Translation, 
                carrying out culturally appropriate community-based 
                interventions designed to address issues and problems 
                experienced by such populations.
                    ``(E) Conducting applied research within the 
                Division of Diabetes Translation to reduce health 
                disparities within such populations with diabetes.
                    ``(F) Conducting applied research on primary 
                prevention within the Division of Diabetes Translation 
                to specifically focus on such populations with pre-
                diabetes.
    ``(b) Education.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the Centers for Disease Control and Prevention, 
        shall direct the Division of Diabetes Translation to conduct 
        and support programs to educate the public on the causes and 
        effects of diabetes in minority populations.
            ``(2) Certain activities.--Programs under paragraph (1) 
        regarding education on diabetes in minority populations shall 
        include carrying out public awareness campaigns directed toward 
        such populations to aggressively emphasize the importance and 
        impact of physical activity and diet in regard to diabetes and 
        diabetes-related complications through the National Diabetes 
        Education Program.
    ``(c) Diabetes; Health Promotion, Prevention Activities, and 
Access.--
            ``(1) In general.--The Secretary, acting through the 
        Director of the Centers for Disease Control and Prevention, 
        shall carry out culturally appropriate diabetes health 
        promotion and prevention programs for minority populations.
            ``(2) Certain activities.--Activities regarding culturally 
        appropriate diabetes health promotion and prevention programs 
        for minority populations shall include the following:
                    ``(A) Expanding the Diabetes Prevention and Control 
                Program (currently existing in all the States and 
                territories) and providing funds for education and 
                community outreach on diabetes.
                    ``(B) Providing funds for an expansion of the 
                Diabetes Prevention Program Initiative that focuses on 
                physical inactivity and diet and its relation to type 2 
                diabetes within such populations.
                    ``(C) Providing funds to strengthen existing 
                surveillance systems to improve the quality, accuracy, 
                and timeliness of morbidity and mortality diabetes data 
                for such populations.
    ``(d) Definition.--For purposes of this section, the term `minority 
population' means a racial and ethnic minority group, as defined in 
section 1707(g).
    ``(e) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated such sums as 
are necessary for fiscal year 2012 and each subsequent fiscal year.''.
    (c) Research, Education, and Other Activities.--Part P of title III 
of the Public Health Service Act is amended--
            (1) by redesignating the section 399R inserted by section 2 
        of Public Law 110-373 as section 399S;
            (2) by redesignating the section 399R inserted by section 3 
        of Public Law 110-374 as section 399T; and
            (3) by adding at the end the following new section:

``SEC. 399V-6. PROGRAMS TO EDUCATE HEALTH PROVIDERS ON THE CAUSES AND 
              EFFECTS OF DIABETES IN MINORITY POPULATIONS.

    ``(a) In General.--The Secretary, acting through the Director of 
the Health Resources and Services Administration, shall conduct and 
support programs described in subsection (b) to educate health 
professionals on the causes and effects of diabetes in minority 
populations.
    ``(b) Programs.--Programs described in this subsection, with 
respect to education on diabetes in minority populations, shall include 
the following:
            ``(1) Making grants for diabetes-focused education classes 
        or training programs on cultural sensitivity and patient care 
        within such populations for health care providers.
            ``(2) Providing funds to community health centers for 
        programs that provide diabetes services and screenings.
            ``(3) Providing additional funds for the Health Careers 
        Opportunity Program, Centers for Excellence, and the Minority 
        Faculty Fellowship Program to partner with the Office of 
        Minority Health under section 1707 and the National Institutes 
        of Health to strengthen programs for career opportunities 
        within minority populations focused on diabetes treatment and 
        care.
            ``(4) Developing a diabetes focus within, and providing 
        additional funds for, the National Health Service Corps 
        Scholarship program to place individuals in areas that are 
        disproportionately affected by diabetes and to provide health 
        care services to such areas.
            ``(5) Establishing a diabetes ambassador program for 
        recruitment efforts to increase the number of underrepresented 
        minorities currently serving in student, faculty, or 
        administrative positions in institutions of higher learning, 
        hospitals, and community health centers.
            ``(6) Establishing a loan repayment program that focuses on 
        diabetes care and prevention in minority populations.''.
    (d) Research, Education, and Other Activities.--Part P of title III 
of the Public Health Service Act (42 U.S.C. 280g et seq.), as amended 
by subsection (c), is further amended by adding at the end the 
following section:

``SEC. 399V-7. RESEARCH, EDUCATION, AND OTHER ACTIVITIES REGARDING 
              DIABETES IN MINORITY POPULATIONS.

    ``(a) Research and Other Activities.--
            ``(1) In general.--In addition to activities under sections 
        317U and 434B, the Secretary shall conduct and support research 
        and other activities with respect to diabetes within minority 
        populations.
            ``(2) Certain activities.--Activities under paragraph (1) 
        regarding diabetes in minority populations shall include the 
        following:
                    ``(A) Through the National Center on Minority 
                Health and Health Disparities, the Office of Minority 
                Health under section 1707, the Health Resources and 
                Services Administration, the Centers for Disease 
                Control and Prevention, and the Indian Health Service, 
                establishing partnerships within minority populations 
                to conduct studies on cultural, familial, and social 
                factors that may influence health promotion, diabetes 
                management, and prevention.
                    ``(B) Through the Indian Health Service, in 
                collaboration with other appropriate Federal agencies, 
                coordinating the collection of data on ethnic and 
                culturally appropriate diabetes treatment, care, 
                prevention, and services by health care professionals 
                to the American Indian population.
            ``(3) Programs relating to clinical research.--
                    ``(A) Education regarding clinical trials.--The 
                Secretary shall carry out education and awareness 
                programs designed to increase participation of minority 
                populations in clinical trials.
                    ``(B) Minority researchers.--The Secretary shall 
                carry out mentorship programs for minority researchers 
                who are conducting or intend to conduct research on 
                diabetes in minority populations.
                    ``(C) Supplementing clinical research regarding 
                children.--The Secretary shall make grants to 
                supplement clinical research programs to assist such 
                programs in obtaining the services of health 
                professionals and other resources to provide 
                specialized care for children with type 1 and type 2 
                diabetes.
            ``(4) Additional programs.--Activities under paragraph (1) 
        regarding education on diabetes shall include providing funds 
        for new and existing diabetes-focused education grants and 
        programs for present and future students and clinicians in the 
        medical field from minority populations, including for the 
        following:
                    ``(A) For Federal and State loan repayment programs 
                for health profession students within communities of 
                color.
                    ``(B) For the Office of Minority Health under 
                section 1707 for training health profession students to 
                focus on diabetes within such populations.
    ``(b) Definition.--For purposes of this section, the term `minority 
population' means a racial and ethnic minority group as defined in 
section 1707(g).
    ``(c) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated such sums as 
are necessary for fiscal year 2012 and each subsequent fiscal year.''.
    (e) Sense of the Congress.--It is the sense of the Congress that 
States and localities are encourage to recognize established times of 
diabetes awareness, such as American Diabetes Month (November), 
American Diabetes Alert Day (annually on the 4th Tuesday of March), and 
World Diabetes Day (November 14th).

                        Subtitle G--Lung Disease

SEC. 761. EXPANSION OF THE NATIONAL ASTHMA EDUCATION AND PREVENTION 
              PROGRAM.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary of Health and Human Services shall 
convene a working group comprised of patient groups, nonprofit 
organizations, medical societies, and other relevant governmental and 
nongovernmental entities, including those that participate in the 
National Asthma Education and Prevention Program, to develop a report 
to Congress that--
            (1) catalogs, with respect to asthma prevention, 
        management, and surveillance--
                    (A) the activities of the Federal Government, 
                including identifying all Federal programs that carry 
                out asthma-related activities, as well as assessment of 
                the progress of the Federal Government and States, with 
                respect to achieving the goals of the Healthy People 
                2020 initiative; and
                    (B) the activities of other entities that 
                participate in the program, including nonprofit 
                organizations, patient advocacy groups, and medical 
                societies; and
            (2) makes recommendations for the future direction of 
        asthma activities, in consultation with researchers from the 
        National Institutes of Health and other member bodies of the 
        National Asthma Education and Prevention Program who are 
        qualified to review and analyze data and evaluate 
        interventions, including--
                    (A) description of how the Federal Government may 
                better coordinate and improve its response to asthma 
                including identifying any barriers that may exist;
                    (B) description of how the Federal Government may 
                continue, expand, and improve its private-public 
                partnerships with respect to asthma including 
                identifying any barriers that may exist;
                    (C) identification of steps that may be taken to 
                reduce the--
                            (i) morbidity, mortality, and overall 
                        prevalence of asthma;
                            (ii) financial burden of asthma on society;
                            (iii) burden of asthma on 
                        disproportionately affected areas, particularly 
                        those in medically underserved populations (as 
                        defined in section 330(b)(3) of the Public 
                        Health Service Act (42 U.S.C. 254b(b)(3)); and
                            (iv) burden of asthma as a chronic disease;
                    (D) identification of programs and policies that 
                have achieved the steps described in subparagraph (C), 
                and steps that may be taken to expand such programs and 
                policies to benefit larger populations; and
                    (E) recommendations for future research and 
                interventions.
    (b) Report to Congress.--At the end of the 5-year period following 
the submission of the report under subsection (a), the National Asthma 
Education and Prevention Program shall evaluate the analyses and 
recommendations under such report and determine whether a new report to 
the Congress is necessary, and make appropriate recommendations to the 
Congress.

SEC. 762. ASTHMA-RELATED ACTIVITIES OF THE CENTERS FOR DISEASE CONTROL 
              AND PREVENTION.

    Section 317I of the Public Health Service Act (42 U.S.C. 247b-10) 
is amended to read as follows:

``SEC. 317I. ASTHMA-RELATED ACTIVITIES OF THE CENTERS FOR DISEASE 
              CONTROL AND PREVENTION.

    ``(a) Program for Providing Information and Education to the 
Public.--The Secretary, acting through the Director of the Centers for 
Disease Control and Prevention, shall collaborate with State and local 
health departments to conduct activities, including the provision of 
information and education to the public regarding asthma including--
            ``(1) deterring the harmful consequences of uncontrolled 
        asthma; and
            ``(2) disseminating health education and information 
        regarding prevention of asthma episodes and strategies for 
        managing asthma.
    ``(b) Development of State Asthma Plans.--The Secretary, acting 
through the Director of the Centers for Disease Control and Prevention, 
shall collaborate with State and local health departments to develop 
State plans incorporating public health responses to reduce the burden 
of asthma, particularly regarding disproportionately affected 
populations.
    ``(c) Compilation of Data.--The Secretary, acting through the 
Director of the Centers for Disease Control and Prevention, shall, in 
cooperation with State and local public health officials--
            ``(1) conduct asthma surveillance activities to collect 
        data on the prevalence and severity of asthma, the 
        effectiveness of public health asthma interventions, and the 
        quality of asthma management, including--
                    ``(A) collection of household data on the local 
                burden of asthma;
                    ``(B) surveillance of health care facilities; and
                    ``(C) collection of data not containing 
                individually identifiable information from electronic 
                health records or other electronic communications;
            ``(2) compile and annually publish data regarding the 
        prevalence and incidence of childhood asthma, the child 
        mortality rate, and the number of hospital admissions and 
        emergency department visits by children associated with asthma 
        nationally and in each State and at the county level by age, 
        sex, race, and ethnicity, as well as lifetime and current 
        prevalence; and
            ``(3) compile and annually publish data regarding the 
        prevalence and incidence of adult asthma, the adult mortality 
        rate, and the number of hospital admissions and emergency 
        department visits by adults associated with asthma nationally 
        and in each State and at the county level by age, sex, race, 
        ethnicity, industry, and occupation, as well as lifetime and 
        current prevalence.
    ``(d) Coordination of Data Collection.--The Director of the Centers 
for Disease Control and Prevention, in conjunction with State and local 
health departments, shall coordinate data collection activities under 
subsection (c)(2) so as to maximize comparability of results.
    ``(e) Collaboration.--The Centers for Disease Control and 
Prevention are encouraged to collaborate with national, State, and 
local nonprofit organizations to provide information and education 
about asthma, and to strengthen such collaborations when possible.
    ``(f) Additional Funding.--In addition to any other authorization 
of appropriations that is available to the Centers for Disease Control 
and Prevention for the purpose of carrying out this section, there are 
authorized to be appropriated to such Centers such sums as may be 
necessary for each of fiscal years 2012 through 2016 for the purpose of 
carrying out this section.''.

SEC. 763. INFLUENZA AND PNEUMONIA VACCINATION CAMPAIGN.

    (a) In General.--The Secretary of Health and Human Services shall--
            (1) enhance the annual campaign by the Department of Health 
        and Human Services to increase the number of people vaccinated 
        each year for influenza and pneumonia; and
            (2) include in such campaign the use of written educational 
        materials, public service announcements, physician education, 
        and any other means which the Secretary deems effective.
    (b) Materials and Announcements.--In carrying out the annual 
campaign described in subsection (a), the Secretary of Health and Human 
Services shall ensure that--
            (1) educational materials and public service announcements 
        are readily and widely available in communities experiencing 
        disparities in the incidence and mortality rates of influenza 
        and pneumonia; and
            (2) the campaign uses targeted, culturally appropriate 
        messages and messengers to reach underserved communities.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2012 through 2016.

SEC. 764. CHRONIC OBSTRUCTIVE PULMONARY DISEASE ACTION PLAN.

    (a) In General.--The Director of the Centers for Disease Control 
and Prevention shall conduct, support, and expand public health 
strategies, prevention, diagnosis, surveillance, and public and 
professional awareness activities regarding chronic obstructive 
pulmonary disease.
    (b) National Action Plan.--
            (1) Development.--Not later than 2 years after the date of 
        the enactment of this Act, the Director of the National Heart, 
        Lung, and Blood Institute, in consultation with the Director of 
        the Centers for Disease Control and Prevention, shall develop a 
        national action plan to address chronic obstructive pulmonary 
        disease in the United States with participation from patients, 
        caregivers, health professionals, patient advocacy 
        organizations, researchers, providers, public health 
        professionals, and other stakeholders.
            (2) Contents.--At a minimum, such plan shall include 
        recommendations for--
                    (A) public health interventions for the purpose of 
                implementation of the national plan;
                    (B) biomedical, health services, and public health 
                research on chronic obstructive pulmonary disease; and
                    (C) inclusion of chronic obstructive pulmonary 
                disease in the health data collections of all Federal 
                agencies.
            (3) Consideration.--In developing such plan, the Director 
        of the National Heart, Lung, and Blood Institute shall consider 
        the recommendations and findings of the Institute of Medicine 
        in the report entitled ``A Nationwide Framework for 
        Surveillance of Cardiovascular and Chronic Lung Diseases'' 
        (July 22, 2011).
    (c) Chronic Disease Prevention Programs.--The Director of the 
National Heart, Lung, and Blood Institute shall carry out the 
following:
            (1) Conduct public education and awareness activities with 
        patient and professional organizations to stimulate earlier 
        diagnosis and improve patient outcomes from treatment of 
        chronic obstructive pulmonary disease. To the extent known and 
        relevant, such public education and awareness activities shall 
        reflect differences in chronic obstructive pulmonary disease by 
        cause (tobacco, environmental, occupational, biological, and 
        genetic) and include a focus on outreach to undiagnosed and, as 
        appropriate, minority populations.
            (2) Supplement and expand upon the activities of the 
        National Heart, Lung, and Blood Institute by making grants to 
        nonprofit organizations, State and local jurisdictions, and 
        Indian tribes for the purpose of reducing the burden of chronic 
        obstructive pulmonary disease, especially in disproportionately 
        impacted communities, through public health interventions and 
        related activities.
            (3) Coordinate with the Centers for Disease Control and 
        Prevention, the Indian Health Service, the Health Resources and 
        Services Administration, and the Department of Veterans Affairs 
        to develop pilot programs to demonstrate best practices for the 
        diagnosis and management of chronic obstructive pulmonary 
        disease.
            (4) Develop improved techniques and identify best 
        practices, in coordination with the Secretary of Veterans 
        Affairs, for assisting chronic obstructive pulmonary disease 
        patients to successfully stop smoking, including identification 
        of subpopulations with different needs. Initiatives under this 
        paragraph may include research to determine whether successful 
        smoking cessation strategies are different for chronic 
        obstructive pulmonary disease patients compared to such 
        strategies for patients with other chronic diseases.
    (d) Environmental and Occupational Health Programs.--The Director 
of the Centers for Disease Control and Prevention shall--
            (1) support research into the environmental and 
        occupational causes and biological mechanisms that contribute 
        to chronic obstructive pulmonary disease; and
            (2) develop and disseminate public health interventions 
        that will lessen the impact of environmental and occupational 
        causes of chronic obstructive pulmonary disease.
    (e) Data Collection.--Not later than 180 days after the enactment 
of this Act, the Director of the National Heart, Lung, and Blood 
Institute and the Director of the Centers for Disease Control and 
Prevention, acting jointly, shall assess the depth and quality of 
information on chronic obstructive pulmonary disease that is collected 
in surveys and population studies conducted by the Centers for Disease 
Control and Prevention, including whether there are additional 
opportunities for information to be collected in the National Health 
and Nutrition Examination Survey, the National Health Interview Survey, 
and the Behavioral Risk Factors Surveillance System surveys. The 
Director of the National Heart, Lung, and Blood Institute shall include 
the results of such assessment in the national action plan under 
subsection (b).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2012 through 2016.

               TITLE VIII--HEALTH INFORMATION TECHNOLOGY

       Subtitle A--Reducing Health Disparities Through Health IT

SEC. 801. HRSA ASSISTANCE TO HEALTH CENTERS FOR PROMOTION OF HEALTH IT.

    The Secretary of Health and Human Services, acting through the 
Administrator of the Health Resources and Services Administration, 
shall expand and intensify the programs and activities of the 
Administration (directly or through grants or contracts) to provide 
technical assistance and resources to health centers (as defined in 
section 330(a) of the Public Health Service Act (42 U.S.C. 254b(a)) to 
adopt and meaningfully use certified EHR technology (as defined in 
section 3000(1) of such Act (42 U.S.C. 300jj(1)) for the management of 
chronic diseases and health conditions.

SEC. 802. ASSESSMENT OF IMPACT OF HEALTH IT ON RACIAL AND ETHNIC 
              MINORITY COMMUNITIES; OUTREACH AND ADOPTION OF HEALTH IT 
              IN SUCH COMMUNITIES.

    Section 3001(c)(6)(C) of the Public Health Service Act (42 U.S.C. 
300jj-11(c)(6)(C)) is amended--
            (1) in the heading by inserting ``, racial and ethnic 
        minority communities,'' after ``health disparities'';
            (2) by inserting ``, in communities with a high proportion 
        of individuals from racial and ethnic minority groups (as 
        defined in section 1707(g)),'' after ``communities with health 
        disparities''; and
            (3) by adding at the end the following new sentence: ``In 
        any publication under the previous sentence, the National 
        Coordinator shall include best practices for encouraging 
        partnerships between the Federal Government and private 
        entities to expand outreach for and the adoption of such 
        technology in communities with a high proportion of individuals 
        from racial and ethnic minority groups (as so defined), while 
        also maintaining the accessibility requirements of section 508 
        of the Rehabilitation Act to encourage patient involvement in 
        their own health care. The National Coordinator shall--
                            ``(i) not later than 6 months after the 
                        submission to the Congress of the reports 
                        required by sections 832 and 833 of the Health 
                        Equity and Accountability Act of 2011, 
                        establish criteria for evaluating the impact of 
                        health information technology on communities 
                        with a high proportion of individuals from 
                        racial and ethnic minority groups (as so 
                        defined) taking into account the findings in 
                        such reports; and
                            ``(ii) not later than 12 months after the 
                        submission to the Congress of such reports, 
                        conduct and publish the results of an 
                        evaluation of such impact.''.

    Subtitle B--Modifications to Achieve Parity in Existing Programs

SEC. 811. EXTENDING FUNDING TO STRENGTHEN THE HEALTH IT INFRASTRUCTURE 
              IN RACIAL AND ETHNIC MINORITY COMMUNITIES.

    Section 3011 of the Public Health Service Act (42 U.S.C. 300jj-31) 
is amended--
            (1) in subsection (a), by adding at the end the following 
        new paragraph:
            ``(8) Activities described in the previous paragraphs of 
        this subsection with respect to communities with a high 
        proportion of individuals from racial and ethnic minority 
        groups (as defined in section 1707(g)).''; and
            (2) by adding at the end the following new subsection:
    ``(e) Annual Report on Expenditures.--The National Coordinator 
shall report annually to the Congress on activities and expenditures 
under this section.''.

SEC. 812. PRIORITIZING REGIONAL EXTENSION CENTER ASSISTANCE TO RACIAL 
              AND ETHNIC MINORITY GROUPS.

    (a) In General.--Section 3012(c)(4)(C) of the Public Health Service 
Act (42 U.S.C. 300jj-32(c)(4)(C)) is amended by inserting ``or 
individuals from racial and ethnic minority groups (as defined in 
section 1707(g))'' after ``medically underserved individuals''.
    (b) Biennial Evaluation.--Section 3012(c)(8) of such Act (42 U.S.C. 
300jj-32(c)(8)) is amended--
            (1) by inserting: ``Each evaluation panel shall include at 
        least one consumer advocate from a racial and ethnic minority 
        community served by the center involved and at least one 
        representative of a minority-serving institution.'' after 
        ```and of Federal officials.''; and
            (2) by inserting ``and shall determine the degree to which 
        such center provides outreach and assistance to providers 
        predominantly serving racial and ethnic minority groups (as 
        defined in section 1707(g))'' after ``specified in paragraph 
        (3)''.

SEC. 813. EXTENDING COMPETITIVE GRANTS FOR THE DEVELOPMENT OF LOAN 
              PROGRAMS TO FACILITATE ADOPTION OF CERTIFIED EHR 
              TECHNOLOGY BY PROVIDERS SERVING RACIAL AND ETHNIC 
              MINORITY GROUPS.

    Section 3014(e) of the Public Health Service Act (42 U.S.C. 300jj-
34(e)) is amended--
            (1) in paragraph (3), by striking at the end ``or'';
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(5) carry out any of the activities described in a 
        previous paragraph of this subsection with respect to 
        communities with a high proportion of individuals from racial 
        and ethnic minority groups (as defined in section 1707(g)).''.

              Subtitle C--Additional Research and Studies

SEC. 831. DATA COLLECTION AND ASSESSMENTS CONDUCTED IN COORDINATION 
              WITH MINORITY-SERVING INSTITUTIONS.

    Section 3001(c)(6) of the Public Health Service Act (42 U.S.C. 
300jj-11(c)(6)) is amended by adding at the end the following new 
subparagraph:
                    ``(F) Data collection and assessments conducted in 
                coordination with minority-serving institutions.--
                            ``(i) In general.--In carrying out 
                        subparagraph (C) with respect to communities 
                        with a high proportion of individuals from 
                        racial and ethnic minority groups (as defined 
                        in section 1707(g)), the National Coordinator 
                        shall, to the greatest extent possible, 
                        coordinate with an entity described in clause 
                        (ii).
                            ``(ii) Minority-serving institutions.--For 
                        purposes of clause (i), an entity described in 
                        this clause is a historically Black college or 
                        university, an Hispanic-serving institution, a 
                        tribal college or university, or an Asian-
                        American-, Native American-, and Pacific 
                        Islander-serving institution with an accredited 
                        public health, health policy, or health 
                        services research program.''.

SEC. 832. IOM STUDY AND REPORT ON PRIVACY CONCERNS OF CERTAIN MINORITY 
              POPULATIONS.

    (a) In General.--The Secretary of Health and Human Services shall 
seek to enter into an agreement with the Institute of Medicine of the 
National Academies to--
            (1) complete a study--
                    (A) on the privacy concerns, relating to the 
                exchange of health information, of individuals 
                described in subsection (b);
                    (B) on how such concerns may create barriers for 
                such individuals to access health care or participate 
                in the exchange of health information; and
                    (C) including recommendations for overcoming such 
                barriers for such individuals; and
            (2) not later than 24 months after the date of the 
        enactment of this Act, submit to Congress a report on the 
        results of such study.
If such Institute declines to conduct the study and submit the report, 
the Secretary shall enter into an agreement with another appropriate 
public or nonprofit private entity to conduct the study and submit the 
report.
    (b) Individuals Described.--For purposes of subsection (a), the 
individuals described in this subsection are individuals from racial 
and ethnic minority groups (as defined in section 1707(g)), including 
such individuals who--
            (1) are immigrants, as well as citizens living within 
        immigrant households (``mixed-status'' households) in the 
        United States;
            (2) are lesbian, gay, bisexual, or transgender; or
            (3) have a mental health disability or a record of a mental 
        health disability or treatment for a mental health disability.

SEC. 833. STUDY OF HEALTH INFORMATION TECHNOLOGY IN MEDICALLY 
              UNDERSERVED COMMUNITIES.

    (a) Study.--The Secretary of Health and Human Services shall seek 
to enter into an agreement with the Institute of Medicine of the 
National Academies to conduct a study on the development and 
implementation of health information technology in communities with a 
high proportion of individuals from racial and ethnic minority groups 
(as defined in section 1707(g)) and submit the report under subsection 
(b). The study shall--
            (1) identify barriers to successful implementation of 
        health information technology in these communities;
            (2) examine the impact of health information technology on 
        providing quality care and reducing the cost of care to these 
        communities;
            (3) examine urban and rural community health systems and 
        determine the impact that health information technology may 
        have on the capacity of primary health providers;
            (4) identify specific best practices for using health 
        information technology to foster the consistent provision of 
        physical accessibility and reasonable policy accommodations in 
        health care to individuals with disabilities in these 
        communities; and
            (5) assess the feasibility and the costs of associated with 
        the use of health information technology in these communities.
If such Institute declines to conduct the study, the Secretary shall 
enter into an agreement with another appropriate public or nonprofit 
private entity to conduct the study.
    (b) Report.--The Secretary shall ensure that, not later than 24 
months after the date of the enactment of this Act, the study required 
under subsection (a) is completed and a report on the study is 
submitted to Congress, including any recommendations for legislation or 
administrative action.

      Subtitle D--Closing Gaps in Funding To Adopt Certified EHRs

SEC. 841. APPLICATION OF MEDICARE HITECH PAYMENTS TO HOSPITALS IN 
              PUERTO RICO.

    (a) In General.--Subsection (n)(6)(B) of section 1886 of the Social 
Security Act (42 U.S.C. 1395ww) is amended by striking ``subsection (d) 
hospital'' and inserting ``hospital that is a subsection (d) hospital 
or a subsection (d) Puerto Rico hospital''.
    (b) Offsetting Reduction.--Subsection (n)(2) of such section is 
amended by adding at the end the following new subparagraph:
                    ``(H) Budget neutrality adjustment.--The Secretary 
                shall reduce the applicable amounts that would 
                otherwise be determined under this subsection with 
                respect to--
                            ``(i) the first fiscal year to which this 
                        subparagraph applies by an amount that the 
                        Secretary estimates would ensure that estimated 
                        aggregate payments under this subsection for 
                        such fiscal year are not increased as a result 
                        of the amendments made by subsection (a) of 
                        section 841 of the Health Equity and 
                        Accountability Act of 2011; or
                            ``(ii) a succeeding fiscal year by an 
                        amount that the Secretary estimates would 
                        ensure that estimated aggregate payments under 
                        this subsection for such fiscal year are not 
                        increased as a result of the amendments made by 
                        subsections (a) and (c) of such section.''.
    (c) Conforming Amendments.--(1) Subsection (b)(3)(B)(ix) of such 
section is amended--
            (A) in subclause (I), by striking ``(n)(6)(A)'' and 
        inserting ``(n)(6)(B)''; and
            (B) in subclause (II), by striking ``subsection (d) 
        hospital'' and inserting ``an eligible hospital''.
    (2) Paragraphs (2) and (4)(A) of section 1853(m) of the Social 
Security Act (42 U.S.C. 1395w-23(m)) are each amended by striking 
``1886(n)(6)(A)'' and inserting ``1886(n)(6)(B)''.
    (d) Implementation.--Notwithstanding any other provision of law, 
the Secretary of Health and Human Services may implement the amendments 
made by subsections (a), (b) and (c) by program instruction or 
otherwise.
    (e) Effective Date.--The amendments made by this section shall 
apply to payments for payment years for fiscal years beginning after 
the date of the enactment of this Act.

SEC. 842. EXTENDING MEDICAID EHR INCENTIVE PAYMENTS TO LONG-TERM CARE 
              FACILITIES AND HOME HEALTH AGENCIES.

    Section 1903(t)(2)(B) of the Social Security Act (42 U.S.C. 
1396b(t)(2)(B)) is amended--
            (1) in clause (i), by striking ``, or'' and inserting a 
        semicolon;
            (2) in clause (ii), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following new clauses:
                    ``(iii) a long-term care facility; or
                    ``(iv) a home health agency (as defined in section 
                1861(o)).''.

SEC. 843. EXTENDING PHYSICIAN ASSISTANT ELIGIBILITY FOR MEDICAID 
              ELECTRONIC HEALTH RECORD INCENTIVE PAYMENTS.

    (a) In General.--Section 1903(t)(3)(B)(v) of the Social Security 
Act (42 U.S.C. 1396b(t)(3)(B)(v)) is amended by striking ``insofar as 
the assistant is practicing'' and all that follows through ``so led''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to amounts expended under 1903(a)(3)(F) of the 
Social Security Act (42 U.S.C. 1396b(a)(3)(F)) for calendar quarters 
beginning on or after the date of the enactment of this Act.

                TITLE IX--ACCOUNTABILITY AND EVALUATION

SEC. 901. PROHIBITION ON DISCRIMINATION IN FEDERAL ASSISTED HEALTH CARE 
              SERVICES AND RESEARCH PROGRAMS ON THE BASIS OF SEX, RACE, 
              COLOR, NATIONAL ORIGIN, SEXUAL ORIENTATION, GENDER 
              IDENTITY, OR DISABILITY STATUS.

    No person in the United States shall, on the basis of sex, race, 
color, national origin, sexual orientation, gender identity, or 
disability status, be excluded from participation in, be denied the 
benefits of, or be subjected to discrimination under any health care 
service or research program or activity receiving Federal financial 
assistance.

SEC. 902. TREATMENT OF MEDICARE PAYMENTS UNDER TITLE VI OF THE CIVIL 
              RIGHTS ACT OF 1964.

    A payment to a provider of services, physician, or other supplier 
under part B, C, or D of title XVIII of the Social Security Act shall 
be deemed a grant, and not a contract of insurance or guaranty, for the 
purposes of title VI of the Civil Rights Act of 1964.

SEC. 903. ACCOUNTABILITY AND TRANSPARENCY WITHIN THE DEPARTMENT OF 
              HEALTH AND HUMAN SERVICES.

    Title XXXIV of the Public Health Service Act, as amended by titles 
I, II, and III of this Act, is further amended by inserting after 
subtitle B the following:

               ``Subtitle C--Strengthening Accountability

``SEC. 3441. ELEVATION OF THE OFFICE OF CIVIL RIGHTS.

    ``(a) In General.--The Secretary shall establish within the Office 
for Civil Rights an Office of Health Disparities, which shall be headed 
by a director to be appointed by the Secretary.
    ``(b) Purpose.--The Office of Health Disparities shall ensure that 
the health programs, activities, and operations of health entities 
which receive Federal financial assistance are in compliance with title 
VI of the Civil Rights Act, which prohibits discrimination on the basis 
of race, color, or national origin. The activities of the Office shall 
include the following:
            ``(1) The development and implementation of an action plan 
        to address racial and ethnic health care disparities, which 
        shall address concerns relating to the Office for Civil Rights 
        as released by the United States Commission on Civil Rights in 
        the report entitled `Health Care Challenge: Acknowledging 
        Disparity, Confronting Discrimination, and Ensuring Equity' 
        (September 1999) in conjunction with the reports by the 
        Institute of Medicine entitled `Unequal Treatment: Confronting 
        Racial and Ethnic Disparities in Health Care', `Crossing the 
        Quality Chasm: A New Health System for the 21st Century', and 
        `In the Nation's Compelling Interest: Ensuring Diversity in the 
        Health Care Workforce', and `The National Partnership for 
        Action to End Health Disparities', and other related reports by 
        the Institute of Medicine. This plan shall be publicly 
        disclosed for review and comment and the final plan shall 
        address any comments or concerns that are received by the 
        Office.
            ``(2) Investigative and enforcement actions against 
        intentional discrimination and policies and practices that have 
        a disparate impact on minorities.
            ``(3) The review of racial, ethnic, and primary language 
        health data collected by Federal health agencies to assess 
        health care disparities related to intentional discrimination 
        and policies and practices that have a disparate impact on 
        minorities.
            ``(4) Outreach and education activities relating to 
        compliance with title VI of the Civil Rights Act.
            ``(5) The provision of technical assistance for health 
        entities to facilitate compliance with title VI of the Civil 
        Rights Act.
            ``(6) Coordination and oversight of activities of the civil 
        rights compliance offices established under section 3442.
            ``(7) Ensuring compliance with the 1997 Office of 
        Management and Budget Standards for Maintaining, Collecting, 
        and Presenting Federal Data on Race, Ethnicity and the 
        available language standards.
    ``(c) Funding and Staff.--The Secretary shall ensure the 
effectiveness of the Office of Health Disparities by ensuring that the 
Office is provided with--
            ``(1) adequate funding to enable the Office to carry out 
        its duties under this section; and
            ``(2) staff with expertise in--
                    ``(A) epidemiology;
                    ``(B) statistics;
                    ``(C) health quality assurance;
                    ``(D) minority health and health disparities;
                    ``(E) cultural and linguistic competency; and
                    ``(F) civil rights.
    ``(d) Report.--Not later than December 31, 2012, and annually 
thereafter, the Secretary, in collaboration with the Director of the 
Office for Civil Rights and the Deputy Assistant Secretary for Minority 
Health, shall submit a report to the Committee on Health, Education, 
Labor, and Pensions of the Senate and the Committee on Energy and 
Commerce of the House of Representatives that includes--
            ``(1) the number of cases filed, broken down by category;
            ``(2) the number of cases investigated and closed by the 
        office;
            ``(3) the outcomes of cases investigated;
            ``(4) the staffing levels of the office including staff 
        credentials;
            ``(5) the number of other lingering and emerging cases in 
        which civil rights inequities can be demonstrated; and
            ``(6) the number of cases remaining open and an explanation 
        for their open status.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, such sums as may be necessary 
for each of fiscal years 2012 through 2017.

``SEC. 3442. ESTABLISHMENT OF HEALTH PROGRAM OFFICES FOR CIVIL RIGHTS 
              WITHIN FEDERAL HEALTH AND HUMAN SERVICES AGENCIES.

    ``(a) In General.--The Secretary shall establish civil rights 
compliance offices in each agency within the Department of Health and 
Human Services that administers health programs.
    ``(b) Purpose of Offices.--Each office established under subsection 
(a) shall ensure that recipients of Federal financial assistance under 
Federal health programs administer their programs, services, and 
activities in a manner that--
            ``(1) does not discriminate, either intentionally or in 
        effect, on the basis of race, national origin, language, 
        ethnicity, sex, age, disability, sexual orientation, and gender 
        identity; and
            ``(2) promotes the reduction and elimination of disparities 
        in health and health care based on race, national origin, 
        language, ethnicity, sex, age, disability, sexual orientation, 
        and gender identity.
    ``(c) Powers and Duties.--The offices established in subsection (a) 
shall have the following powers and duties:
            ``(1) The establishment of compliance and program 
        participation standards for recipients of Federal financial 
        assistance under each program administered by an agency within 
        the Department of Health and Human Services including the 
        establishment of disparity reduction standards to encompass 
        disparities in health and health care related to race, national 
        origin, language, ethnicity, sex, age, disability, sexual 
        orientation, and gender identity.
            ``(2) The development and implementation of program-
        specific guidelines that interpret and apply Department of 
        Health and Human Services guidance under title VI of the Civil 
        Rights Act of 1964 and section 1557 of the Patient Protection 
        and Affordable Care Act to each Federal health program 
        administered by the agency.
            ``(3) The development of a disparity-reduction impact 
        analysis methodology that shall be applied to every rule issued 
        by the agency and published as part of the formal rulemaking 
        process under sections 555, 556, and 557 of title 5, United 
        States Code.
            ``(4) Oversight of data collection, analysis, and 
        publication requirements for all recipients of Federal 
        financial assistance under each Federal health program 
        administered by the agency, and compliance with the 1997 Office 
        of Management and Budget Standards for Maintaining, Collecting, 
        and Presenting Federal Data on Race and Ethnicity and the 
        available language standards.
            ``(5) The conduct of publicly available studies regarding 
        discrimination within Federal health programs administered by 
        the agency as well as disparity reduction initiatives by 
        recipients of Federal financial assistance under Federal health 
        programs.
            ``(6) Annual reports to the Committee on Health, Education, 
        Labor, and Pensions and the Committee on Finance of the Senate 
        and the Committee on Energy and Commerce and the Committee on 
        Ways and Means of the House of Representatives on the progress 
        in reducing disparities in health and health care through the 
        Federal programs administered by the agency.
    ``(d) Relationship to Office for Civil Rights in the Department of 
Justice.--
            ``(1) Department of health and human services.--The Office 
        for Civil Rights in the Department of Health and Human Services 
        shall provide standard-setting and compliance review 
        investigation support services to the Civil Rights Compliance 
        Office for each agency.
            ``(2) Department of justice.--The Office for Civil Rights 
        in the Department of Justice shall continue to maintain the 
        power to institute formal proceedings when an agency Office for 
        Civil Rights determines that a recipient of Federal financial 
        assistance is not in compliance with the disparity reduction 
        standards of the agency.
    ``(e) Definition.--In this section, the term `Federal health 
programs' mean programs--
            ``(1) under the Social Security Act (42 U.S.C. 301 et seq.) 
        that pay for health care and services; and
            ``(2) under this Act that provide Federal financial 
        assistance for health care, biomedical research, health 
        services research, and programs designed to improve the 
        public's health.''.

SEC. 904. UNITED STATES COMMISSION ON CIVIL RIGHTS.

    (a) Coordination Within Department of Justice of Activities 
Regarding Health Disparities.--Section 3 of the Civil Rights Commission 
Act of 1983 (42 U.S.C. 1975a) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) shall, with respect to activities carried out in 
        health care and correctional facilities toward the goal of 
        eliminating health disparities between the general population 
        and members of racial or ethnic minority groups, coordinate 
        such activities of--
                    ``(A) the Office for Civil Rights within the 
                Department of Justice;
                    ``(B) the Office of Justice Programs within the 
                Department of Justice;
                    ``(C) the Office for Civil Rights within the 
                Department of Health and Human Services; and
                    ``(D) the Office of Minority Health within the 
                Department of Health and Human Services (headed by the 
                Deputy Assistant Secretary for Minority Health).''.
    (b) Authorization of Appropriations.--Section 5 of the Civil Rights 
Commission Act of 1983 (42 U.S.C. 1975c) is amended by striking the 
first sentence and inserting the following: ``For the purpose of 
carrying out this Act, there are authorized to be appropriated 
$30,000,000 for fiscal year 2012, and such sums as may be necessary for 
each of the fiscal years 2013 through 2017.''.

SEC. 905. SENSE OF CONGRESS CONCERNING FULL FUNDING OF ACTIVITIES TO 
              ELIMINATE RACIAL AND ETHNIC HEALTH DISPARITIES.

    (a) Findings.--Congress makes the following findings:
            (1) The health status of the American populace is declining 
        and the United States currently ranks below most industrialized 
        nations in health status measured by longevity, sickness, and 
        mortality.
            (2) Racial and ethnic minority populations tend have the 
        poorest health status and face substantial cultural, social, 
        and economic barriers to obtaining quality health care.
            (3) Efforts to improve minority health have been limited by 
        inadequate resources (funding, staffing, and stewardship) and 
        accountability.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) funding should be doubled by fiscal year 2013 for the 
        National Institute for Minority Health Disparities, the Office 
        of Civil Rights in the Department of Health and Human Services, 
        the National Institute of Nursing Research, and the Office of 
        Minority Health;
            (2) adequate funding by fiscal year 2013, and subsequent 
        funding increases, should be provided for health professions 
        training programs, the Racial and Ethnic Approaches to 
        Community Health (REACH) at the Centers for Disease Control and 
        Prevention, the Minority HIV/AIDS Initiative, and the 
        Excellence Centers to Eliminate Ethnic/Racial Disparities 
        (EXCEED) Program at the Agency for Healthcare Research and 
        Quality;
            (3) funding should be restored to the Racial and Ethnic 
        Approaches to Community Health (REACH) program at the Centers 
        for Disease Control and Prevention, which has been a successful 
        program at the community health level;
            (4) current and newly created health disparity elimination 
        incentives, programs, agencies, and departments under this Act 
        (and the amendments made by this Act) should receive adequate 
        staffing and funding by fiscal year 2013; and
            (5) stewardship and accountability should be provided to 
        the Congress and the President for measurable and sustainable 
        progress toward health disparity elimination.

SEC. 906. GAO AND NIH REPORTS.

    (a) GAO Report on NIH Grant Racial and Ethnic Diversity.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study on the racial and ethnic diversity 
        among the following groups:
                    (A) All applicants for grants, contracts, and 
                cooperative agreements awarded by the National 
                Institutes of Health during the period beginning 
                January 1, 1990, and ending December 31, 2011.
                    (B) All recipients of such grants, contracts, and 
                cooperative agreements.
                    (C) All members of the peer review panels of such 
                applicants and recipients, respectively.
            (2) Report.--Not later than six months after the date of 
        the enactment of this Act, the Comptroller General shall 
        complete the study under paragraph (1) and submit to Congress a 
        report containing the results of such study.
    (b) NIH Report on Certain Authority of National Institute on 
Minority Health and Health Disparities.--Not later than six months 
after the date of the enactment of this Act, and biennially thereafter, 
the Director of the National Institutes of Health, in collaboration 
with the Director of the National Institute on Minority Health and 
Health Disparities, shall submit to Congress a report that details and 
evaluates--
            (1) the steps taken during the applicable report period by 
        the Director of the National Institutes of Health to enforce 
        the expanded planning, coordination, review, and evaluation 
        authority provided the National Institute on Minority Health 
        and Health Disparities under section 464z-3(h) of the Public 
        Health Service Act (42 U.S.C. 285(h)), as added by section 
        10334(c) of the Patient Protection and Affordable Care Act, 
        over all minority health and health disparity research that is 
        conducted or supported by the Institutes and Centers at the 
        National Institutes of Health; and
            (2) the outcomes of such steps.
    (c) GAO Report Related to Recipients of PPACA Funding.--Not later 
than one year after the date of the enactment of this Act and 
biennially thereafter until 2020, the Comptroller General of the United 
States shall submit to Congress a report that identifies, with respect 
to minority community-based organizations that applied during the 
applicable report period for Federal funding provided pursuant to the 
provisions of (and amendments made by) the Patient Protection and 
Affordable Care Act for purposes of achieving health equity and 
eliminating health disparities, the percentage of such organizations 
that were awarded such funding.
    (d) Annual Report on Activities of National Institute on Minority 
Health and Health Disparities.--The Director of the National Institute 
on Minority Health and Health Disparities shall prepare an annual 
report on the activities carried out or to be carried out by the 
Institute, and shall submit each such report to the Committee on 
Health, Education, Labor, and Pensions of the Senate, the Committee on 
Energy and Commerce of the House of Representatives, the Secretary of 
Health and Human Services, and the Director of the National Institutes 
of Health. With respect to the fiscal year involved, the report shall--
            (1) describe and evaluate the progress made in health 
        disparities research conducted or supported by institutes and 
        centers of the National Institutes of Health;
            (2) summarize and analyze expenditures made for activities 
        with respect to health disparities research conducted or 
        supported by the National Institutes of Health;
            (3) include a separate statement applying the requirements 
        of paragraphs (1) and (2) specifically to minority health 
        disparities research; and
            (4) contain such recommendations as the Director of the 
        Institute considers appropriate.

  TITLE X--ADDRESSING SOCIAL DETERMINANTS AND IMPROVING ENVIRONMENTAL 
                                JUSTICE

SEC. 1001. CODIFICATION OF EXECUTIVE ORDER 12898.

    (a) In General.--The President of the United States is authorized 
and directed to execute, administer, and enforce as a matter of Federal 
law the provisions of Executive Order 12898, dated February 11, 1994 
(``Federal Actions To Address Environmental Justice In Minority 
Populations and Low-Income Populations''), with such modifications as 
are provided in this section.
    (b) Definition of Environmental Justice.--For purposes of carrying 
out the provisions of Executive Order 12898, the following definitions 
shall apply:
            (1) The term ``environmental justice'' means the fair 
        treatment and meaningful involvement of all people regardless 
        of race, color, national origin, educational level, or income 
        with respect to the development, implementation, and 
        enforcement of environmental laws and regulations in order to 
        ensure that--
                    (A) minority and low-income communities have access 
                to public information relating to human health and 
                environmental planning, regulations, and enforcement; 
                and
                    (B) no minority or low-income population is forced 
                to shoulder a disproportionate burden of the negative 
                human health and environmental impacts of pollution or 
                other environmental hazard.
            (2) The term ``fair treatment'' means policies and 
        practices that ensure that no group of people, including 
        racial, ethnic, or socioeconomic groups bear disproportionately 
        high and adverse human health or environmental effects 
        resulting from Federal agency programs, policies, and 
        activities.
    (c) Judicial Review and Rights of Action.--The provisions of 
section 6-609 of Executive Order 12898 shall not apply for purposes of 
this Act.

SEC. 1002. IMPLEMENTATION OF RECOMMENDATIONS BY ENVIRONMENTAL 
              PROTECTION AGENCY.

    (a) Inspector General Recommendations.--The Administrator of the 
Environmental Protection Agency shall, as promptly as practicable, 
carry out each of the following recommendations of the Inspector 
General of the agency as set forth in Report No. 2006-P-00034 entitled 
``EPA needs to conduct environmental justice reviews of its programs, 
policies and activities'':
            (1) The recommendation that the Agency's program and 
        regional offices identify which programs, policies, and 
        activities need environmental justice reviews and require these 
        offices to establish a plan to complete the necessary reviews.
            (2) The recommendation that the Administrator of the Agency 
        ensure that these reviews determine whether the programs, 
        policies, and activities may have a disproportionately high and 
        adverse health or environmental impact on minority and low-
        income populations.
            (3) The recommendation that each program and regional 
        office develop specific environmental justice review guidance 
        for conducting environmental justice reviews.
            (4) The recommendation that the Administrator designate a 
        responsible office to compile results of environmental justice 
        reviews and recommend appropriate actions.
    (b) GAO Recommendations.--In developing rules under laws 
administered by the Environmental Protection Agency, the Administrator 
of the Agency shall, as promptly as practicable, carry out each of the 
following recommendations of the Comptroller General of the United 
States as set forth in GAO Report numbered GAO-05-289 entitled ``EPA 
Should Devote More Attention to Environmental Justice when Developing 
Clean Air Rules'':
            (1) The recommendation that the Administrator ensure that 
        workgroups involved in developing a rule devote attention to 
        environmental justice while drafting and finalizing the rule.
            (2) The recommendation that the Administrator enhance the 
        ability of such workgroups to identify potential environmental 
        justice issues through such steps as providing workgroup 
        members with guidance and training to helping them identify 
        potential environmental justice problems and involving 
        environmental justice coordinators in the workgroups when 
        appropriate.
            (3) The recommendation that the Administrator improve 
        assessments of potential environmental justice impacts in 
        economic reviews by identifying the data and developing the 
        modeling techniques needed to assess such impacts.
            (4) The recommendation that the Administrator direct 
        appropriate Agency officers and employees to respond fully when 
        feasible to public comments on environmental justice, including 
        improving the Agency's explanation of the basis for its 
        conclusions, together with supporting data.
    (c) 2004 Inspector General Report.--The Administrator of the 
Environmental Protection Agency shall, as promptly as practicable, 
carry out each of the following recommendations of the Inspector 
General of the Agency as set forth in the report entitled ``EPA Needs 
to Consistently Implement the Intent of the Executive Order on 
Environmental Justice'' (Report No. 2004-P-00007):
            (1) The recommendation that the Agency clearly define the 
        mission of the Office of Environmental Justice (OEJ) and 
        provide Agency staff with an understanding of the roles and 
        responsibilities of the Office.
            (2) The recommendation that the Agency establish (through 
        issuing guidance or a policy statement from the Administrator) 
        specific time frames for the development of definitions, goals, 
        and measurements regarding environmental justice and provide 
        the regions and program offices a standard and consistent 
        definition for a minority and low-income community, with 
        instructions on how the Agency will implement and 
        operationalize environmental justice into the Agency's daily 
        activities.
            (3) The recommendation that the Agency ensure the 
        comprehensive training program currently under development 
        includes standard and consistent definitions of the key 
        environmental justice concepts (such as ``low-income'', 
        ``minority'', and ``disproportionately impacted'') and 
        instructions for implementation of those concepts.
The Administrator shall submit an initial report to Congress within 6 
months after the enactment of this Act regarding the Administrator's 
strategy for implementing the recommendations referred to in paragraphs 
(1), (2), and (3). Thereafter, the Administrator shall provide 
semiannual reports to Congress regarding the Administrator's progress 
in implementing such recommendations and modifying the Administrator's 
emergency management procedures to incorporate environmental justice in 
the Agency's Incident Command Structure (in accordance with the 
December 18, 2006, letter from the Deputy Administrator to the Acting 
Inspector General of the Agency).
    (d) Federal Action Plan for Saving Lives, Protecting People and 
Their Families From Radon.--
            (1) In general.--Because radon is a naturally occurring 
        radioactive gas that is recognized as the leading cause of lung 
        cancer among nonsmokers and is a particular environmental 
        threat for low-income and minority individuals because of the 
        lack of information about radon levels in their own homes, the 
        Administrator of the Environmental Protection Agency shall 
        within 6 months after the date of the enactment of this Act, 
        implement the action plan entitled ``Protecting People and 
        Families from Radon: A Federal Action Plan for Saving Lives'' 
        (June 20, 2011), working with the Secretary of Health and Human 
        Services acting through the Director of the Centers for Disease 
        Control and Prevention, and with the other Federal agencies 
        mentioned in and as set forth in the action plan.
            (2) Specific steps.--In carrying out paragraph (1), the 
        Administrator shall take steps to achieve each of the 
        following:
                    (A) The recommendation that the workgroup comprised 
                of the Federal agencies participating in the 
                development of the action plan referred to in paragraph 
                (1) implement specific steps within the current 
                authority and activities of each Federal agency to 
                reduce exposure to radon.
                    (B) The recommendation that such workgroup meet on 
                the 1-year anniversary of the plan to assess and 
                recognize achievements of the plan.
            (3) Report.--The Administrator shall report to the Congress 
        on the 1-year assessment of the plan's implementation, 
        including the challenges remaining and the progress in reducing 
        radon exposure particularly to low-income and minority 
        families.

SEC. 1003. GRANT PROGRAM.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the Centers for Disease Control and Prevention, acting in 
        collaboration with the Administrator of the Environmental 
        Protection Agency and the Director of the National Institute of 
        Environmental Health Sciences.
            (2) Eligible entity.--The term ``eligible entity'' means a 
        State or local community that--
                    (A) bears a disproportionate burden of exposure to 
                environmental health hazards;
                    (B) has established a coalition--
                            (i) with not less than 1 community-based 
                        organization; and
                            (ii) with not less than 1--
                                    (I) public health entity;
                                    (II) health care provider 
                                organization; or
                                    (III) academic institution, 
                                including any minority-serving 
                                institution (including an Hispanic-
                                serving institution, a historically 
                                Black college or university, and a 
                                tribal college or university);
                    (C) ensures planned activities and funding streams 
                are coordinated to improve community health; and
                    (D) submits an application in accordance with 
                subsection (c).
    (b) Establishment.--The Director shall establish a grant program 
under which eligible entities shall receive grants to conduct 
environmental health improvement activities.
    (c) Application.--To receive a grant under this section, an 
eligible entity shall submit an application to the Director at such 
time, in such manner, and accompanied by such information as the 
Director may require.
    (d) Cooperative Agreements.--An eligible entity may use a grant 
under this section--
            (1) to promote environmental health; and
            (2) to address environmental health disparities.
    (e) Amount of Cooperative Agreement.--
            (1) In general.--The Director shall award grants to 
        eligible entities at the 2 different funding levels described 
        in this subsection.
            (2) Level 1 cooperative agreements.--
                    (A) In general.--An eligible entity awarded a grant 
                under this paragraph shall use the funds to identify 
                environmental health problems and solutions by--
                            (i) establishing a planning and 
                        prioritizing council in accordance with 
                        subparagraph (B); and
                            (ii) conducting an environmental health 
                        assessment in accordance with subparagraph (C).
                    (B) Planning and prioritizing council.--
                            (i) In general.--A prioritizing and 
                        planning council established under subparagraph 
                        (A)(i) (referred to in this paragraph as a 
                        ``PPC'') shall assist the environmental health 
                        assessment process and environmental health 
                        promotion activities of the eligible entity.
                            (ii) Membership.--Membership of a PPC shall 
                        consist of representatives from various 
                        organizations within public health, planning, 
                        development, and environmental services and 
                        shall include stakeholders from vulnerable 
                        groups such as children, the elderly, disabled, 
                        and minority ethnic groups that are often not 
                        actively involved in democratic or 
                        decisionmaking processes.
                            (iii) Duties.--A PPC shall--
                                    (I) identify key stakeholders and 
                                engage and coordinate potential 
                                partners in the planning process;
                                    (II) establish a formal advisory 
                                group to plan for the establishment of 
                                services;
                                    (III) conduct an in-depth review of 
                                the nature and extent of the need for 
                                an environmental health assessment, 
                                including a local epidemiological 
                                profile, an evaluation of the service 
                                provider capacity of the community, and 
                                a profile of any target populations; 
                                and
                                    (IV) define the components of care 
                                and form essential programmatic 
                                linkages with related providers in the 
                                community.
                    (C) Environmental health assessment.--
                            (i) In general.--A PPC shall carry out an 
                        environmental health assessment to identify 
                        environmental health concerns.
                            (ii) Assessment process.--The PPC shall--
                                    (I) define the goals of the 
                                assessment;
                                    (II) generate the environmental 
                                health issue list;
                                    (III) analyze issues with a systems 
                                framework;
                                    (IV) develop appropriate community 
                                environmental health indicators;
                                    (V) rank the environmental health 
                                issues;
                                    (VI) set priorities for action;
                                    (VII) develop an action plan;
                                    (VIII) implement the plan; and
                                    (IX) evaluate progress and planning 
                                for the future.
                    (D) Evaluation.--Each eligible entity that receives 
                a grant under this paragraph shall evaluate, report, 
                and disseminate program findings and outcomes.
                    (E) Technical assistance.--The Director may provide 
                such technical and other non-financial assistance to 
                eligible entities as the Director determines to be 
                necessary.
            (3) Level 2 cooperative agreements.--
                    (A) Eligibility.--
                            (i) In general.--The Director shall award 
                        grants under this paragraph to eligible 
                        entities that have already--
                                    (I) established broad-based 
                                collaborative partnerships; and
                                    (II) completed environmental 
                                assessments.
                            (ii) No level 1 requirement.--To be 
                        eligible to receive a grant under this 
                        paragraph, an eligible entity is not required 
                        to have successfully completed a Level 1 
                        Cooperative Agreement (as described in 
                        paragraph (2)).
                    (B) Use of grant funds.--An eligible entity awarded 
                a grant under this paragraph shall use the funds to 
                further activities to carry out environmental health 
                improvement activities, including--
                            (i) addressing community environmental 
                        health priorities in accordance with paragraph 
                        (2)(C)(ii), including--
                                    (I) air quality;
                                    (II) water quality;
                                    (III) solid waste;
                                    (IV) land use;
                                    (V) housing;
                                    (VI) food safety;
                                    (VII) crime;
                                    (VIII) injuries; and
                                    (IX) health care services;
                            (ii) building partnerships between 
                        planning, public health, and other sectors, to 
                        address how the built environment impacts food 
                        availability and access and physical activity 
                        to promote healthy behaviors and lifestyles and 
                        reduce overweight and obesity, asthma, 
                        respiratory conditions, dental, oral and mental 
                        health conditions, poverty, and related co-
                        morbidities;
                            (iii) establishing programs to address--
                                    (I) how environmental and social 
                                conditions of work and living choices 
                                influence physical activity and dietary 
                                intake; or
                                    (II) how those conditions influence 
                                the concerns and needs of people who 
                                have impaired mobility and use 
                                assistance devices, including 
                                wheelchairs and lower limb prostheses; 
                                and
                            (iv) convening intervention programs that 
                        examine the role of the social environment in 
                        connection with the physical and chemical 
                        environment in--
                                    (I) determining access to 
                                nutritional food; and
                                    (II) improving physical activity to 
                                reduce morbidity and increase quality 
                                of life.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $25,000,000 for fiscal year 2012; and
            (2) such sums as may be necessary for fiscal years 2013 
        through 2016.

SEC. 1004. ADDITIONAL RESEARCH ON THE RELATIONSHIP BETWEEN THE BUILT 
              ENVIRONMENT AND THE HEALTH OF COMMUNITY RESIDENTS.

    (a) Definition of Eligible Institution.--In this section, the term 
``eligible institution'' means a public or private nonprofit 
institution that submits to the Secretary of Health and Human Services 
(in this section referred to as the ``Secretary'') and the 
Administrator of the Environmental Protection Agency (in this section 
referred to as the ``Administrator'') an application for a grant under 
the grant program authorized under subsection (b)(2) at such time, in 
such manner, and containing such agreements, assurances, and 
information as the Secretary and Administrator may require.
    (b) Research Grant Program.--
            (1) Definition of health.--In this section, the term 
        ``health'' includes--
                    (A) levels of physical activity;
                    (B) consumption of nutritional foods;
                    (C) rates of crime;
                    (D) air, water, and soil quality;
                    (E) risk of injury;
                    (F) accessibility to health care services; and
                    (G) other indicators as determined appropriate by 
                the Secretary.
            (2) Grants.--The Secretary, in collaboration with the 
        Administrator, shall provide grants to eligible institutions to 
        conduct and coordinate research on the built environment and 
        its influence on individual and population-based health.
            (3) Research.--The Secretary shall support research that--
                    (A) investigates and defines the causal links 
                between all aspects of the built environment and the 
                health of residents;
                    (B) examines--
                            (i) the extent of the impact of the built 
                        environment (including the various 
                        characteristics of the built environment) on 
                        the health of residents;
                            (ii) the variance in the health of 
                        residents by--
                                    (I) location (such as inner cities, 
                                inner suburbs, and outer suburbs); and
                                    (II) population subgroup (such as 
                                children, the elderly, the 
                                disadvantaged); or
                            (iii) the importance of the built 
                        environment to the total health of residents, 
                        which is the primary variable of interest from 
                        a public health perspective;
                    (C) is used to develop--
                            (i) measures to address health and the 
                        connection of health to the built environment; 
                        and
                            (ii) efforts to link the measures to travel 
                        and health databases; and
                    (D) distinguishes carefully between personal 
                attitudes and choices and external influences on 
                observed behavior to determine how much an observed 
                association between the built environment and the 
                health of residents, versus the lifestyle preferences 
                of the people that choose to live in the neighborhood, 
                reflects the physical characteristics of the 
                neighborhood; and
                    (E)(i) identifies or develops effective 
                intervention strategies to promote better health among 
                residents with a focus on behavioral interventions and 
                enhancements of the built environment that promote 
                increased use by residents; and
                    (ii) in developing the intervention strategies 
                under clause (i), ensures that the intervention 
                strategies will reach out to high-risk populations, 
                including racial and ethnic minorities and low-income 
                urban and rural communities.
            (4) Priority.--In providing assistance under the grant 
        program authorized under paragraph (2), the Secretary and the 
        Administrator shall give priority to research that 
        incorporates--
                    (A) minority-serving institutions as grantees;
                    (B) interdisciplinary approaches; or
                    (C) the expertise of the public health, physical 
                activity, urban planning, and transportation research 
                communities in the United States and abroad.

SEC. 1005. ENVIRONMENT AND PUBLIC HEALTH RESTORATION.

    (a) Findings.--
            (1) General findings.--The Congress finds as follows:
                    (A) As human beings, we share our environment with 
                a wide variety of habitats and ecosystems that nurture 
                and sustain a diversity of species.
                    (B) The abundance of natural resources in our 
                environment forms the basis for our economy and has 
                greatly contributed to human development throughout 
                history.
                    (C) The accelerated pace of human development over 
                the last several hundred years has significantly 
                impacted our natural environment and its resources, the 
                health and diversity of plant and animal wildlife, the 
                availability of critical habitats, the quality of our 
                air and our water, and our global climate.
                    (D) The intervention of the Federal Government is 
                necessary to minimize and mitigate human impact on the 
                environment for the benefit of public health, to 
                maintain air quality and water quality, to sustain the 
                diversity of plants and animals, to combat global 
                climate change, and to protect the environment.
                    (E) Laws and regulations in the United States have 
                been created and promulgated to minimize and mitigate 
                human impact on the environment for the benefit of 
                public health, to maintain air quality and water 
                quality, to sustain wildlife, and to protect the 
                environment.
                    (F) Such laws include the Antiquities Act of 1906 
                (16 U.S.C. 431 et seq.) initiated by President Theodore 
                Roosevelt to create the national park system, the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.), the Clean Air Act (42 U.S.C. 7401 et 
                seq.), the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.), the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 
                (Public Law 96-510), the Endangered Species Act of 1973 
                (Public Law 93-205), and the National Forest Management 
                Act of 1976 (Public Law 94-588).
                    (G) Attempts to repeal or weaken key environmental 
                safeguards pose dangers to the public health, air 
                quality, water quality, wildlife, and the environment.
            (2) Findings on changes and proposed changes in law.--The 
        Congress finds that, since 2001, the following changes and 
        proposed changes to existing law or regulations have negatively 
        impacted or will negatively impact the environment and public 
        health:
                    (A) Clean water.--
                            (i) On May 9, 2002, the Environmental 
                        Protection Agency (EPA) and the Army Corps of 
                        Engineers put forth a final rule that 
                        reconciled regulations implementing section 404 
                        of the Federal Water Pollution Control Act by 
                        redefining the term ``fill material'' and 
                        amending the definition of the term ``discharge 
                        of fill material'', reversing a 25-year-old 
                        regulation. The new rule fails to restrict the 
                        dumping of hardrock mining waste, construction 
                        debris, and other industrial wastes into 
                        rivers, streams, lakes, and wetlands. The rule 
                        further allows destructive mountaintop removal 
                        coal mining companies to dump waste into 
                        streams and lakes, polluting the surrounding 
                        natural habitat and poisoning plants and 
                        animals that depend on those water sources.
                            (ii) On February 12, 2003, the 
                        Environmental Protection Agency published the 
                        rule ``National Pollutant Discharge Elimination 
                        System Permit Regulation and Effluent 
                        Limitation Guidelines and Standards for 
                        Concentrated Animal Feeding Operations'', new 
                        livestock waste regulations that aimed to 
                        control factory farm pollution but which would 
                        severely undermine existing protections under 
                        the Federal Water Pollution Control Act. This 
                        regulation allows large-scale animal factories 
                        to foul the Nation's waters with animal waste, 
                        allows livestock owners to draft their own 
                        pollution-management plans and avoid ground 
                        water monitoring, legalizes the discharge of 
                        contaminated runoff water rich in nitrogen, 
                        phosphorus, bacteria, and metals, and ensures 
                        that large factory farms are not held liable 
                        for the environmental damage they cause. In a 
                        2005 Federal court decision (``Waterkeeper 
                        Alliance, et al. v. Enviromental Protection 
                        Agency'', 399 F.3d 486 (2nd Cir. 2005)), major 
                        parts of the rule were upheld, others vacated, 
                        and still others remanded back to the EPA. On 
                        November 20, 2008, the Environmental Protection 
                        Agency published a revised final rule which 
                        undermines environmental protection provisions 
                        by removing mandatory permitting requirements 
                        and allowing large animal farms to self-certify 
                        the absence of pollutant discharge activity.
                            (iii) On March 19, 2003, the Environmental 
                        Protection Agency published a new rule 
                        regarding the Total Maximum Daily Load program 
                        of the Federal Water Pollution Control Act that 
                        regulates the maximum amount of a particular 
                        pollutant that can be present in a body of 
                        water and still meet water quality standards. 
                        The new rule withdrew the existing regulation 
                        put forth on July 13, 2000, and halted momentum 
                        in cleaning up polluted waterways throughout 
                        the Nation. By abandoning the existing rule, 
                        the Environmental Protection Agency is 
                        undermining the effectiveness of clean-up plans 
                        and is allowing States to avoid cleaning 
                        polluted waters entirely by dropping them from 
                        their clean-up lists. Waterways play a crucial 
                        role in the lives of the people of the United 
                        States and are critical to the livelihood of 
                        fish and wildlife. The result of dropping the 
                        July 2000 rule is that the restoration of 
                        polluted rivers, shorelines, and lakes will be 
                        delayed, harming more fish and wildlife and 
                        worsening the quality of drinking water.
                            (iv) On December 2, 2008, the Environmental 
                        Protection Agency and the Army Corps of 
                        Engineers jointly issued a guidance document in 
                        the form of a legal memorandum, titled ``Clean 
                        Water Act Jurisdiction Following the U.S. 
                        Supreme Court's Decision in Rapanos v. United 
                        States & Carabell v. United States''. This new 
                        guidance dictates enforcement actions under the 
                        Federal Water Pollution Control Act and calls 
                        for a complicated ``case-by-case'' analysis to 
                        determine jurisdiction for waterways that do 
                        not flow all year. Such actions endanger small 
                        streams and wetlands that serve as important 
                        habitats for aquatic life, which play a 
                        fundamental role in safeguarding sources of 
                        clean drinking water and mitigate the risks and 
                        effects of floods and droughts. Further, the 
                        definition provided therein for ``waters of the 
                        United States'' is applicable to the Federal 
                        Water Pollution Control Act as a whole, 
                        potentially affecting programs that control 
                        industrial pollution and sewage levels, prevent 
                        oil spills, and set water quality standards for 
                        all waters in the United States protected under 
                        the Federal Water Pollution Control Act.
                    (B) Forests and land management.--
                            (i) On December 3, 2003, the President 
                        signed into law the Healthy Forests Restoration 
                        Act of 2003 (Public Law 108-148; 16 U.S.C. 6501 
                        et seq.). Although the law attempts to reduce 
                        the risk of catastrophic forest fires, it 
                        provides a boon to timber companies by 
                        accelerating the aggressive thinning of 
                        backcountry forests that are far from at-risk 
                        communities. The law allows for increased 
                        logging of large, fire-resistant trees that are 
                        not in close proximity of homes and 
                        communities; it undermines critical protections 
                        for endangered species by exempting Federal 
                        land management agencies from consulting with 
                        the United States Fish and Wildlife Service 
                        before approving any action that could harm 
                        endangered plants or wildlife; and it limits 
                        public participation by reducing the number of 
                        environmental project reviews.
                            (ii) On April 21, 2008, the Department of 
                        Agriculture issued a Final Planning Rule and 
                        Record of Decision for National Forest System 
                        Land Management Planning. Similar to rules 
                        enacted by the Administration on January 5, 
                        2005, later remanded back to the agency in 
                        Federal district court for violating the 
                        National Environmental Policy Act of 1969, the 
                        Endangered Species Act of 1973, and the 
                        Administrative Procedure Act (``Citizens for 
                        Better Forestry v. United States Department of 
                        Agriculture'', 481 F. Supp. 2d 1059 (N.D. Cal. 
                        2007)), this revised rule eliminates strict 
                        forest planning standards established in 1982, 
                        and opens millions of acres of public lands to 
                        damaging and invasive logging, mining, and 
                        drilling operations. These regulations would 
                        reverse more than 20 years of protection for 
                        wildlife and national forests by removing the 
                        overall goal of ensuring ecological 
                        sustainability in managing the national forest 
                        system, weakening the National Forest 
                        Management Act of 1976, and effectively ending 
                        the review of forest management plans under the 
                        National Environmental Policy Act of 1969.
                            (iii) On September 20, 2006, the District 
                        Court for the Northern District of California 
                        vacated the Protection of Inventoried Roadless 
                        Areas rule, enacted on May 13, 2005, which gave 
                        State Governors 18 months to petition the 
                        Federal Government to either restore the 
                        previous rule for their States, or submit a new 
                        management and development plan for national 
                        forest areas inventoried under the rule. 
                        Despite the enjoinment of the Administration's 
                        2005 rule, and the subsequent restoration of 
                        the original Roadless Area Conservation Rule, 
                        the U.S. Forest Service has continued to allow 
                        States to petition for a special rule under the 
                        authority of the Administrative Procedure Act, 
                        publishing a final special rule for Idaho on 
                        October 16, 2008. As a result, 58.5 million 
                        acres of wild national forests are still 
                        vulnerable to logging, road building, and other 
                        developments that may fragment natural habitats 
                        and negatively impact fish and wildlife.
                            (iv) On November 17, 2008, the Department 
                        of the Interior's Bureau of Land Management 
                        (BLM) signed the Record of Decision (ROD) 
                        amending 12 resource management plans in 
                        Colorado, Utah, and Wyoming, opening 2,000,000 
                        acres of public lands to commercial tar sands 
                        and oil shale exploration and development. On 
                        November 18, 2008, the BLM published a final 
                        rule for Oil Shale Management setting the 
                        policies and procedures for a commercial 
                        leasing program for the management of federally 
                        owned oil shale in those three States. 
                        Previously barred by a congressional moratorium 
                        on the commercial leasing regulations for oil 
                        shale until September 30, 2008, the development 
                        of oil shale on public lands poses a serious 
                        threat to land conservation, endangered and 
                        threatened species, and critical habitat. 
                        Domestic shale oil production allowed by these 
                        regulations is highly water and energy 
                        intensive, the impacts of which will intensify 
                        existing water scarcity in the arid Western 
                        Region and potentially degrade air and water 
                        quality for surrounding populations.
                    (C) Scientific review.--On December 16, 2008, the 
                United States Fish and Wildlife Service of the 
                Department of the Interior and the National Oceanic and 
                Atmospheric Administration of the Department of 
                Commerce jointly issued a new rule amending regulations 
                governing interagency cooperation under section 7 of 
                the Endangered Species Act of 1973 (ESA). This rule 
                undermines the intention of the ESA to protect species 
                and the ecosystems upon which they depend by allowing 
                Federal agencies to carry out, permit, or fund an 
                action without proper environmental review and expert 
                third-party consultation from Federal wildlife experts. 
                Under this new rule, Federal agencies can unilaterally 
                circumvent the formal review process, eliminating 
                longstanding and scientifically grounded safeguards 
                that serve to protect the biodiversity of our Nation's 
                ecosystems and avert harm to thousands of endangered 
                and threatened species.
    (b) Statement of Policy.--It is the policy of the United States 
Government to work in conjunction with States, territories, tribal 
governments, international organizations, and foreign governments in 
order to act as a steward of the environment for the benefit of public 
health, to maintain air quality and water quality, to sustain the 
diversity of plant and animal species, to combat global climate change, 
and to protect the environment for future generations to enjoy.
    (c) Study and Report on Public Health or Environmental Impact of 
Revised Rules, Regulations, Laws, or Proposed Laws.--
            (1) Study.--Not later than 30 days after the date of 
        enactment of this Act, the President shall enter into an 
        arrangement under which the National Academy of Sciences will 
        conduct a study to determine the impact on public health, air 
        quality, water quality, wildlife, and the environment of the 
        following regulations, laws, and proposed laws:
                    (A) Clean water.--
                            (i) Final revisions to the Federal Water 
                        Pollution Control Act regulatory definitions of 
                        ``fill material'' and ``discharge of fill 
                        material'', finalized and published in the 
                        Federal Register on May 9, 2002 (67 FR 31129), 
                        amending part 232 of title 40, Code of Federal 
                        Regulations.
                            (ii) Revised National Pollutant Discharge 
                        Elimination System Permit Regulation and 
                        Effluent Limitation Guidelines and Standards 
                        for Concentrated Animal Feeding Operations in 
                        response to the ``Waterkeeper Alliance, et al. 
                        v. Enviromental Protection Agency'' decision, 
                        finalized and published in the Federal Register 
                        on November 20, 2008 (73 FR 225), amending 
                        parts 9, 122, and 412 of title 40, Code of 
                        Federal Regulations.
                            (iii) A March 19, 2003, rule published in 
                        the Federal Register (68 FR 13608) withdrawing 
                        a July 13, 2000, rule revising the Total 
                        Maximum Daily Load program of the Federal Water 
                        Pollution Control Act (65 FR 43586), amending 
                        parts 9, 122, 123, 124, and 130 of title 40, 
                        Code of Federal Regulations.
                            (iv) Official Guidance Document, ``Clean 
                        Water Act Jurisdiction Following the United 
                        States Supreme Court's Decision in Rapanos v. 
                        United States & Carabell v. United States'', 
                        issued on December 2, 2008, relating to 
                        jurisdiction under section 404 of the Federal 
                        Water Pollution Control Act.
                    (B) Forests and land management.--
                            (i) Healthy Forests Restoration Act of 
                        2003, signed into law on December 3, 2003 
                        (Public Law 108-148; 16 U.S.C. 6501 et seq.).
                            (ii) National Forest System Land Management 
                        Planning Rule, finalized and published in the 
                        Federal Register on April 21, 2008 (73 FR 
                        21468), replacing the 2005 final rule (70 FR 
                        1022, Jan. 5, 2005), as amended March 3, 2006 
                        (71 FR 10837) and the 2000 final rule adopted 
                        on November 9, 2000 (65 FR 67514) as amended on 
                        September 29, 2004 (69 FR 58055), amending 
                        title 36, Code of Federal Regulations, part 
                        219.
                            (iii) The application of the Administrative 
                        Procedure Act (5 U.S.C. 551 to 559, 701 to 706, 
                        et seq.), such that States may petition for a 
                        special rule for the roadless areas in all or 
                        part of said State.
                            (iv) Record of Decision, ``Oil Shale and 
                        Tar Sands Resources Resource Management Plan 
                        Amendments'', issued on November 17, 2008, 
                        along with the Final Rule, Oil Shale 
                        Management-General, published in the Federal 
                        Register on November 18, 2008 (73 FR 223), 
                        amending title 43, Code of Federal Regulations, 
                        parts 3900, 3910, 3920, and 3930.
                    (C) Scientific review.--Final Rule, Interagency 
                Cooperation Under the Endangered Species Act, published 
                in the Federal Register on December 16, 2008, amending 
                title 50, Code of Federal Regulations, part 402.
            (2) Method.--In conducting the study under paragraph (1), 
        the National Academy of Sciences may utilize and compare 
        existing scientific studies regarding the regulations, laws, 
        and proposed laws listed in paragraph (1).
            (3) Report.--Under the arrangement entered into under 
        paragraph (1), not later than 270 days after the date on which 
        such arrangement is entered into, the National Academy of 
        Sciences shall make publicly available and shall submit to the 
        Congress and to the head of each department and agency of the 
        Federal Government that issued, implements, or would implement 
        a regulation, law, or proposed law listed in paragraph (1), a 
        report containing--
                    (A) a description of the impact of all such 
                regulations, laws, and proposed laws on public health, 
                air quality, water quality, wildlife, and the 
                environment, compared to the impact of preexisting 
                regulations, or laws in effect, including--
                            (i) any negative impacts to air quality or 
                        water quality;
                            (ii) any negative impacts to wildlife;
                            (iii) any delays in hazardous waste cleanup 
                        that are projected to be hazardous to public 
                        health; and
                            (iv) any other negative impact on public 
                        health or the environment; and
                    (B) any recommendations that the National Academy 
                of Sciences considers appropriate to maintain, restore, 
                or improve in whole or in part protections for public 
                health, air quality, water quality, wildlife, and the 
                environment for each of the regulations, laws, and 
                proposed laws listed in paragraph (1), which may 
                include recommendations for the adoption of any 
                regulation or law in place or proposed prior to January 
                1, 2001.
    (d) Department and Agency Revision of Existing Rules, Regulations, 
or Laws.--Not later than 180 days after the date on which the report is 
submitted pursuant to subsection (c)(3), the head of each department 
and agency that has issued or implemented a regulation or law listed in 
subsection (c)(1) shall submit to the Congress a plan describing the 
steps such department or such agency will take, or has taken, to 
restore or improve protections for public health and the environment in 
whole or in part that were in existence prior to the issuance of such 
regulation or law.

SEC. 1006. HEALTHY FOOD FINANCING INITIATIVE.

    (a) In General.--Subtitle D of the Department of Agriculture 
Reorganization Act of 1994 (7 U.S.C. 6951) is amended by adding at the 
end the following:

``SEC. 242. HEALTHY FOOD FINANCING INITIATIVE.

    ``(a) Purpose.--The purpose of this section is to establish a 
program to improve access to healthy foods in underserved areas, to 
create and preserve quality jobs, and to revitalize low-income 
communities by providing loans and grants to eligible fresh, healthy 
food retailers to overcome the higher costs and initial barriers to 
entry in underserved, urban, suburban, and rural areas.
    ``(b) Definitions.--In this section:
            ``(1) Community development financial institution.--The 
        term `community development financial institution' has the 
        meaning given the term in section 103 of the Community 
        Development Banking and Financial Institutions Act of 1994 (12 
        U.S.C. 4702).
            ``(2) Food access organization.--The term `food access 
        organization' means a nonprofit organization with expertise in 
        improving access to healthy food in underserved communities.
            ``(3) Initiative.--The term `Initiative' means the Healthy 
        Food Financing Initiative established in the Department by 
        subsection (c)(1).
            ``(4) Local funds.--The term `local funds' means the 
        allocation of national funds and any other forms of financial 
        assistance (including grants, loans, and equity investments) 
        that are raised by partnerships to carry out the purposes of 
        this section.
            ``(5) National funds.--The term `national funds' means any 
        Federal appropriation made to carry out this section and any 
        other forms of financial assistance (including grants, loans, 
        and equity investments) that are raised by the national fund 
        manager to carry out the purposes of this section.
            ``(6) National fund manager.--The term `national fund 
        manager' means a community development financial institution in 
        existence as of the date of enactment of this section and 
        certified by the Community Development Financial Institutions 
        Fund of the Department of the Treasury that is designated by 
        the Secretary to manage the Initiative for purposes of--
                    ``(A) raising private capital;
                    ``(B) providing financial and technical assistance 
                to partnerships; and
                    ``(C) funding eligible projects directly at the 
                request of partnerships to attract fresh, healthy food 
                retailers to underserved urban, suburban, and rural 
                areas, in accordance with this section.
            ``(7) Partnership.--
                    ``(A) In general.--The term `partnership' means a 
                regional, State, or local public and private 
                partnership that is organized to improve access to 
                fresh, healthy foods by providing financial and 
                technical assistance to eligible projects.
                    ``(B) Inclusions.--The term `partnership' 
                includes--
                            ``(i) an unit of State, local, or tribal 
                        government or a quasi-public State or local 
                        government agency;
                            ``(ii) a food access or community health 
                        organization committed to improving access to 
                        healthy foods;
                            ``(iii) a community development financial 
                        institution or other organization that is 
                        capable of administering a loan and grant 
                        program in accordance with this section; and
                            ``(iv) other organizations interested in 
                        improving access to healthy foods in 
                        underserved areas.
    ``(c) Establishment.--
            ``(1) In general.--There is established in the Department a 
        Healthy Food Financing Initiative.
            ``(2) Management.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall select and enter 
        into a grant agreement with a national fund manager who shall 
        be responsible for the management of the Initiative nationally.
            ``(3) Eligible projects.--
                    ``(A) In general.--Subject to the requirements of 
                this paragraph, the national fund manager shall 
                establish the eligibility criteria for projects to be 
                assisted by the Initiative.
                    ``(B) Requirements.--To be eligible to receive 
                assistance through the Initiative, a project shall--
                            ``(i) include a supermarket, grocery store, 
                        farmers market, or other fresh, healthy food 
                        retailer;
                            ``(ii) consist of a for-profit business 
                        enterprise, a member- or worker-owned 
                        cooperative, or a nonprofit organization;
                            ``(iii) meet the eligibility criteria 
                        established under this section;
                            ``(iv) continue to be a viable business 
                        enterprise with a financial viability plan;
                            ``(v) require an investment of public 
                        funding to move forward and be competitive;
                            ``(vi) operate on a self-service basis;
                            ``(vii) in accordance with subparagraph 
                        (C), expand or preserve the availability of 
                        healthy, fresh, high quality unprepared and 
                        unprocessed foods, particularly fresh fruits 
                        and vegetables, in underserved areas; and
                            ``(viii) agree to accept benefits under the 
                        supplemental nutrition assistance program 
                        established under the Food and Nutrition Act of 
                        2008 (7 U.S.C. 2011 et seq.).
                    ``(C) Requirements.--
                            ``(i) Definitions.--In this subparagraph:
                                    ``(I) Perishable food.--
                                            ``(aa) In general.--The 
                                        term `perishable food' means 
                                        food that is fresh, 
                                        refrigerated, or frozen.
                                            ``(bb) Exclusion.--The term 
                                        `perishable food' does not 
                                        include packaged or canned 
                                        goods.
                                    ``(II) Staple food.--
                                            ``(aa) In general.--The 
                                        term `staple food' means food 
                                        that is a basic dietary item, 
                                        including bread, flour, fruits, 
                                        vegetables, and meat.
                                            ``(bb) Exclusions.--The 
                                        term `staple food' does not 
                                        include snack or accessory food 
                                        (such as chips, soda, coffee, 
                                        condiments, and spices) or 
                                        ready-to-eat, prepared food.
                                    ``(III) Variety.--The term 
                                `variety' means an assortment of 
                                different types of food items.
                            ``(ii) In general.--For purposes of 
                        subparagraph (B)(vii), to expand or preserve 
                        the availability of fresh fruits and vegetables 
                        in underserved areas shall mean, with respect 
                        to a project, that the project maintains a 
                        store that--
                                    ``(I) carries a full line of fresh 
                                produce, as defined by the national 
                                fund manager to reflect differences in 
                                project size and overall store size;
                                    ``(II) sells food for home 
                                preparation and consumption; and
                                    ``(III) at a minimum--
                                            ``(aa) offers for sale at 
                                        least 3 different varieties of 
                                        food in each of the 4 staple 
                                        food groups (bread and grains, 
                                        dairy, fruits and vegetables, 
                                        and meat, poultry, and fish), 
                                        with perishable food in at 
                                        least 2 categories, on a daily 
                                        basis; or
                                            ``(bb) has a store at which 
                                        at least 50 percent of the 
                                        total sales of the store 
                                        (including food and nonfood 
                                        items or services) are from the 
                                        sale of eligible staple food.
                    ``(D) Income criteria.--Each eligible project shall 
                be located in--
                            ``(i) a low- or moderate-income census 
                        tract, as determined by the Bureau of the 
                        Census of the Department of Commerce;
                            ``(ii) a population census tract that is 
                        treated as a low-income community under section 
                        45D(e) of the Internal Revenue Code of 1986; or
                            ``(iii) an area that significantly serves 
                        an adjacent area that meets the criteria 
                        described in clause (i) or (ii), as approved by 
                        the national fund manager.
                    ``(E) Underserved criteria.--
                            ``(i) In general.--Each eligible project 
                        shall be located in an underserved area, as 
                        determined by the partnerships according to 
                        criteria established by the national fund 
                        manager.
                            ``(ii) Factors.--In determining whether an 
                        area is an underserved area, the following 
                        factors shall be taken into consideration:
                                    ``(I) Population density.
                                    ``(II) Below average supermarket 
                                density or sales.
                                    ``(III) Car ownership.
                                    ``(IV) Geographical or physical 
                                barriers, such as highways, mountains, 
                                major parks, or bodies of water.
                            ``(iii) Locations.--On an annual basis, the 
                        national fund manager shall collect data and 
                        publish maps that show the location of 
                        underserved areas.
            ``(4) Priority projects.--
                    ``(A) In general.--Priority shall be given to 
                projects that--
                            ``(i) are located in severely distressed 
                        low-income communities, as defined by the 
                        Community Development Financial Institutions 
                        Fund of the Department of the Treasury; and
                            ``(ii) include 1 or more of the following 
                        characteristics:
                                    ``(I) The project will create or 
                                retain quality jobs in the community, 
                                as determined in accordance with 
                                subparagraph (B).
                                    ``(II) The project has community 
                                support in terms of store quality, 
                                affordability, site location, and 
                                coordination with local community plans 
                                or other programs promoting community 
                                and economic development.
                                    ``(III) The project supports 
                                regional food systems and locally grown 
                                foods, to the extent available.
                                    ``(IV) In major metropolitan areas, 
                                the project is associated with a 
                                transit-oriented development project.
                                    ``(V) In areas with public transit, 
                                the project is accessible by public 
                                transit.
                                    ``(VI) The project involves the 
                                reuse of a building that is listed in 
                                or eligible for the National Register 
                                of Historic Places.
                                    ``(VII) The project involves a 
                                brownfield or grayfield (as those terms 
                                are used in the Comprehensive 
                                Environmental Response, Compensation, 
                                and Liability Act of 1980 (42 U.S.C. 
                                9601 et seq.)).
                                    ``(VIII) The estimated energy 
                                consumption of the project, calculated 
                                using building energy software approved 
                                by the Department of Energy, will 
                                qualify the project for designation 
                                under the Energy Star program 
                                established by section 324A of the 
                                Energy Policy and Conservation Act (42 
                                U.S.C. 6294a).
                                    ``(IX) The project involves women- 
                                and minority-owned businesses.
                    ``(B) Quality jobs.--For purposes of subparagraph 
                (A)(ii)(I), a quality job is a job that--
                            ``(i) provides wages that are comparable to 
                        or better than similar positions in existing 
                        businesses of similar size in similar local 
                        economies;
                            ``(ii) offers benefits that are comparable 
                        to or better than what is offered for similar 
                        positions in existing local businesses of 
                        similar size in similar local economies; and
                            ``(iii) is targeted for residents of 
                        neighborhoods with a high proportion of persons 
                        of low income (as that term is defined in 
                        section 102(a) of the Housing and Community 
                        Development Act of 1974 (42 U.S.C. 5302(a))) 
                        through local targeted hiring programs.
    ``(d) Duties of the Secretary.--
            ``(1) In general.--The Secretary shall--
                    ``(A) designate a national fund manager to manage 
                national funds;
                    ``(B) oversee the Initiative nationally;
                    ``(C) work closely with the designated national 
                fund manager--
                            ``(i) to ensure that funds are used 
                        appropriately and in the most effective manner 
                        practicable; and
                            ``(ii) to develop the program strategy into 
                        a detailed work plan, program, and operating 
                        budget;
                    ``(D) review and approve the operating budget for 
                the national fund manager to ensure that the 
                administrative costs are--
                            ``(i) reasonable (not more than 5 percent 
                        of the total budget);
                            ``(ii) connected to the costs of 
                        operations; and
                            ``(iii) reflect efficient operations by the 
                        national fund manager; and
                    ``(E) make available to the public an annual 
                report, using data obtained from the Department of 
                Agriculture, the Department of Health and Human 
                Services, and the Community Development Financial 
                Institutions, that describes the impacts of the 
                Initiative, including tracking health and economic 
                development indicators at the local, State, and 
                national levels to determine the impacts of individual 
                projects and the collective impact in local areas and 
                statewide of funded projects and the Initiative 
                overall.
            ``(2) National fund manager.--The Secretary shall--
                    ``(A) select the national fund manager through a 
                competitive process from among community development 
                financial institutions that have a proven and recent 
                track record of success and effectiveness in--
                            ``(i) attracting private capital;
                            ``(ii) developing and managing programs 
                        that provide grants and loans to support 
                        supermarkets and other fresh, healthy food 
                        retail business enterprises in low- and 
                        moderate-income communities, including the 
                        development of grocery stores, farmers markets, 
                        and other fresh, healthy food retail models;
                            ``(iii) making and servicing loans that are 
                        similar to loans proposed in the Initiative or 
                        having a record of otherwise successfully 
                        investing in fresh, healthy food retail 
                        development projects;
                            ``(iv) effectively managing multiple 
                        contracts and subcontractors;
                            ``(v) effectively managing large capital 
                        pools, of at least $100,000,000; and
                            ``(vi) providing or contracting for the 
                        provision of technical assistance; and
                    ``(B) administer the Initiative by approving the 
                disbursement of funds to the national fund manager in a 
                manner that facilitates the implementation of the 
                overall Initiative.
            ``(3) Coordination.--
                    ``(A) In general.--Not later than 45 days after the 
                date of receipt of an award, the national fund manager 
                shall develop, with guidance from and in consultation 
                with the Secretary, and submit to the Secretary, a 
                detailed work plan.
                    ``(B) Approval required.--The Secretary shall 
                review and approve the work plan, program budget, and 
                administrative costs under subsection (e)(4)(C) prior 
                to entering into an agreement with the national fund 
                manager to administer the Initiative.
            ``(4) Performance targets.--
                    ``(A) In general.--The Secretary shall conduct 
                financial audits of, and establish performance targets 
                for, the national fund manager, which shall include, at 
                a minimum, the requirements described in this 
                paragraph.
                    ``(B) Geographic spread.--Partnerships funded by 
                the Initiative shall be geographically diverse and 
                representative of the underserved areas across the 
                United States.
                    ``(C) Focus on low-income communities.--A 
                substantial portion of the projects funded by 
                partnerships shall serve very low- and low-income 
                communities, as defined by the Bureau of the Census of 
                the Department of Commerce.
                    ``(D) Financial effectiveness of the national fund 
                manager.--The national fund manager and any local 
                financial institution involved in a partnership shall 
                demonstrate on-going capacity and timeliness in raising 
                private capital and disbursing funds as required under 
                the Initiative.
                    ``(E) Technical assistance effectiveness of the 
                national fund manager.--The provision of technical 
                assistance by the national fund manager shall be 
                evaluated based on--
                            ``(i) the responsiveness of the national 
                        fund manager to requests for assistance; and
                            ``(ii) the ability of the national fund 
                        manager to craft programs that develop needed 
                        new capacities in partnerships.
                    ``(F) Impact.--Performance targets shall address 
                the allocation of funds by the national fund manager to 
                partnerships and the tracking and reporting of the 
                impacts of the funds in improving access to fresh, 
                healthy foods and in achieving other related impacts.
    ``(e) Duties of the National Fund Manager.--
            ``(1) Allocation of funds.--
                    ``(A) In general.--The national fund manager 
                shall--
                            ``(i) allocate at least 70 percent of any 
                        Federal appropriation made to carry out this 
                        section to partnerships that are selected based 
                        on the criteria described in paragraph (3); and
                            ``(ii) retain not more than 30 percent of 
                        any Federal appropriation made to carry out 
                        this section to undertake financing activities 
                        described in subparagraph (C), including a 
                        reasonable amount for administrative costs (not 
                        to exceed 5 percent) approved by the Secretary 
                        in accordance with paragraph (4)(C).
                    ``(B) Use of the national funds by partnership 
                programs.--
                            ``(i) In general.--As a condition on the 
                        receipt of funds, each partnership shall use--
                                    ``(I) the national funds received 
                                from the national fund manager under 
                                subparagraph (A)(i) to create 1 or more 
                                revolving loan programs or other 
                                revolving pools of capital or other 
                                products to facilitate financing of 
                                local projects as determined by the 
                                agreement between the partnership and 
                                the national fund manager; and
                                    ``(II) any remaining funds for 
                                grants, or, as approved, for innovative 
                                financing mechanisms.
                            ``(ii) Limitations.--
                                    ``(I) In general.--Use of funds for 
                                administrative costs and other purposes 
                                shall be--
                                            ``(aa) limited in 
                                        accordance with the terms of 
                                        the agreement negotiated 
                                        between the national fund 
                                        manager and partnerships;
                                            ``(bb) based on whether 
                                        administrative costs are 
                                        reasonable, connected to the 
                                        costs of operation, and reflect 
                                        efficient operations by the 
                                        partnership; and
                                            ``(cc) determined using 
                                        criteria including geographic 
                                        coverage, program duration, and 
                                        total funding amount.
                                    ``(II) Goal.--The goal of this 
                                clause to limit administrative costs to 
                                the maximum extent practicable, but in 
                                no case may the amount used for 
                                administrative costs exceed 10 percent 
                                of the Federal funds allocated.
                    ``(C) Use of the national funds by the national 
                fund manager.--The national fund manager shall use 
                national funds described in subparagraph (A)(ii) to 
                undertake financing and other activities to enhance and 
                maximize the effectiveness of the Initiative, as 
                determined by the agreement with the Secretary, 
                including--
                            ``(i) attracting other forms of financial 
                        assistance to match or leverage the national 
                        funds;
                            ``(ii) awarding national funds to 
                        partnerships in accordance with paragraph (3);
                            ``(iii) creating and managing pools of 
                        grant or loan capital that blend or leverage 
                        national funds with other forms of financial 
                        assistance, including capital in the form of 
                        tax credits under section 45D of the Internal 
                        Revenue Code of 1986, for the benefit of 
                        partnerships;
                            ``(iv) creating and managing pools of grant 
                        or loan capital that blend or leverage the 
                        national funds with other forms of financial 
                        assistance, including capital in the form of 
                        tax credits under section 45D of the Internal 
                        Revenue Code of 1986, to finance eligible local 
                        projects identified by partnerships or the 
                        national fund manager that have special or 
                        unique characteristics;
                            ``(v) providing loans or grants directly to 
                        eligible local projects as matching funds if 
                        requested by a partnership;
                            ``(vi) providing credit enhancement or 
                        other financial products and instruments for 
                        the benefit of partnerships or eligible local 
                        projects;
                            ``(vii) providing technical assistance; and
                            ``(viii) funding reasonable administrative 
                        costs approved by the Secretary in accordance 
                        with paragraph (4)(C).
            ``(2) Responsibilities of the national fund manager.--The 
        designated national fund manager shall--
                    ``(A) raise other forms of financial assistance to 
                match or leverage the national funds;
                    ``(B) use administrative funds to develop 
                appropriate training programs and offer technical 
                assistance services to--
                            ``(i) partnerships;
                            ``(ii) State, local, and tribal 
                        governments;
                            ``(iii) the food retail industry; and
                            ``(iv) food access and health advocacy 
                        organizations to augment local capacities;
                    ``(C) develop financial products such as loans, 
                grants, and credit enhancement tools that can be used 
                by partnerships to incentivize and support the 
                development and retention of supermarkets and other 
                fresh, healthy food retail in underserved areas;
                    ``(D) award Initiative funds to eligible 
                partnerships through an annual competitive process in 
                accordance with paragraph (3);
                    ``(E) contract with a national food access 
                organization to assist in the review of applications 
                from partnerships and to provide technical assistance 
                to local food access organizations in the proposed 
                partnerships;
                    ``(F) award and disburse funds to partnerships or 
                eligible local projects in a timely manner;
                    ``(G) create and meet performance benchmarks and 
                reporting guidelines, as approved by the Secretary, 
                including for--
                            ``(i) the amount of capital raised and 
                        leveraged from financial institutions, 
                        partnerships, and other resources;
                            ``(ii) the geographic diversity of 
                        partnerships; and
                            ``(iii) the proportion of projects funded 
                        by the partnership that are in severely 
                        distressed low-income communities;
                    ``(H) develop program guidelines and operating 
                procedures for the Initiative, including--
                            ``(i) maximum grant and loan amounts for 
                        projects;
                            ``(ii) eligible uses of funds;
                            ``(iii) prudent underwriting criteria;
                            ``(iv) performance targets;
                            ``(v) reporting guidelines;
                            ``(vi) limits on administrative costs; and
                            ``(vii) implementation milestones;
                    ``(I) monitor the performance of partnerships; and
                    ``(J) collect data, compile information, and 
                conduct such research studies as the national fund 
                manager determines to be relevant to the successful 
                implementation of the Initiative, including--
                            ``(i) to assess national and local market 
                        conditions;
                            ``(ii) to determine barriers to market 
                        entry; and
                            ``(iii) to identify opportunities for the 
                        development or retention of supermarkets and 
                        other fresh, healthy food retail enterprises in 
                        underserved communities.
            ``(3) Criteria for awarding national funds to 
        partnerships.--
                    ``(A) In general.--The national fund manager shall 
                award national funds to partnerships through a 
                competitive process on an annual basis.
                    ``(B) First round priority.--In the first round of 
                funding, the national fund manager shall give priority 
                to existing partnerships that have demonstrable 
                capacity to implement fresh food financing programs in 
                underserved areas quickly.
                    ``(C) Additional rounds.--Additional rounds shall 
                be designed to promote geographic diversity.
                    ``(D) Criteria.--In awarding national funds to 
                partnerships, the national fund manager shall 
                consider--
                            ``(i) the amount of funds and other 
                        resources pledged by a partnership to match or 
                        leverage national funds;
                            ``(ii) the degree of State, local, or 
                        tribal government support of the partnership as 
                        evidenced by matching grant and loan funds or 
                        other types of support, such as allocation of 
                        tax-exempt bonds, loan guarantees, and 
                        coordination of resources from other State or 
                        local economic development programs;
                            ``(iii) the capacity of the partnership to 
                        successfully develop and manage loan and grant 
                        programs;
                            ``(iv) the lack of supermarkets and other 
                        fresh, healthy food retail enterprises in low- 
                        and moderate-income areas that would be served 
                        by the partnership;
                            ``(v) the experience of the food access or 
                        community health organization of the 
                        partnership in outreach about access to healthy 
                        foods and local healthy food access issues;
                            ``(vi) the degree of community engagement 
                        and support in the development and retention of 
                        supermarkets and other fresh, healthy food 
                        retail enterprises; and
                            ``(vii) the contribution of the program of 
                        the partnership to the overall geographic 
                        diversity of the Initiative.
            ``(4) Administrative costs.--
                    ``(A) In general.--Not later than 45 days after the 
                date of receipt of an award, the national fund manager 
                shall submit to the Secretary for approval a 3-year 
                program and operating budget and detailed work plan 
                that shall include--
                            ``(i) costs for research and evaluation, 
                        technical assistance, and training; and
                            ``(ii) program and operating costs.
                    ``(B) Earned revenues.--Earned revenues from loan 
                fees and interest may be expended on program and 
                operating costs in accordance with the budget approved 
                by the Secretary.
                    ``(C) Basis of review.--The Secretary shall base 
                the review under subparagraph (A) on--
                            ``(i) the likelihood of the plan and 
                        expenditures to further the purposes of this 
                        section; and
                            ``(ii) whether the administrative costs are 
                        reasonable, connected to the costs of 
                        operation, and reflect efficient operations by 
                        the national fund manager.
    ``(f) Partnerships.--
            ``(1) In general.--Each partnership that receives 
        assistance through the Initiative shall provide financial and 
        technical assistance to eligible fresh, healthy food retail 
        projects in underserved areas within the defined communities of 
        the partnership.
            ``(2) Administration.--Each partnership shall designate a 
        community development financial institution or other 
        organization that is capable of administering a loan and grant 
        program--
                    ``(A) to execute grant agreements with the national 
                fund manager; and
                    ``(B) to serve as the manager of local funds.
            ``(3) Responsibilities of partnerships.--A partnership 
        shall--
                    ``(A) raise other forms of financial assistance to 
                match the national funds received by the partnership;
                    ``(B) provide marketing and outreach to 
                communities, the supermarket industry, other fresh, 
                healthy food retailers, State and local government 
                officials, and civic and public interest 
                organizations--
                            ``(i) to solicit applications from 
                        underserved areas from across the State or 
                        locality to be served by the partnership; and
                            ``(ii) to inform the communities and other 
                        persons about the availability of grants, 
                        loans, training, and technical assistance;
                    ``(C) review and underwrite projects to determine 
                whether--
                            ``(i) a proposed project meets the criteria 
                        for eligible projects under subsection (c)(3); 
                        and
                            ``(ii) a proposed project meets the 
                        criteria for priority projects under subsection 
                        (c)(4);
                    ``(D) provide technical assistance services to 
                eligible fresh, healthy food retail operators and 
                developers;
                    ``(E) track and report outcomes, including--
                            ``(i) the number of jobs created or 
                        retained;
                            ``(ii) the quantity of fresh, healthy food 
                        retail space created or retained; and
                            ``(iii) such other health and economic 
                        indicators as are required by the national fund 
                        manager;
                    ``(F) monitor and audit funded projects to ensure 
                compliance with the Initiative, the national fund 
                manager, and partnership program requirements for a 
                period of at least 3 years;
                    ``(G) submit an annual report to the national fund 
                manager that describes--
                            ``(i) the activities of the partnership;
                            ``(ii) the expenditure of local funds; and
                            ``(iii) success in meeting performance 
                        targets and satisfying such other terms and 
                        conditions as are specified in the agreement 
                        between the partnership and the national fund 
                        manager; and
                    ``(H) coordinate with the national fund manager for 
                the smooth operation of the Initiative.
            ``(4) Administrative costs.--
                    ``(A) In general.--As a condition on the receipt of 
                assistance under this section, each partnership shall 
                submit to the national fund manager for approval a 3-
                year budget and plan for all program and operating 
                costs, including--
                            ``(i) costs for research and evaluation, 
                        technical assistance, and training; and
                            ``(ii) administrative and operating costs.
                    ``(B) Earned revenues.--Earned revenues from loan 
                fees and interest may be expended on program and 
                operating costs in accordance with the budget approved 
                by the national fund manager.
                    ``(C) Basis of review.--The national fund manager 
                shall base the review under subparagraph (A) on the 
                likelihood of the budget and plan to further the 
                purposes of this section.
    ``(g) Evaluation and Monitoring.--
            ``(1) In general.--Program evaluation and financial audits 
        shall occur at all levels of the Initiative to ensure that--
                    ``(A) national and local funds are used properly; 
                and
                    ``(B) the objectives of the Initiative are met.
            ``(2) Program evaluation and financial audits.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) conduct periodic program evaluations 
                        and financial audits of the national fund 
                        manager, partnerships, and projects funded by 
                        the Initiative; and
                            ``(ii) share with the national fund manager 
                        the results of the evaluations and audits.
                    ``(B) Funded projects.--The Secretary or the 
                national fund manager shall evaluate partnerships to 
                assess the health and economic impacts of projects 
                funded by the Initiative.
                    ``(C) Other impacts.--
                            ``(i) Secretary of health and human 
                        services.--The Secretary of Health and Human 
                        Services shall conduct research studies and 
                        evaluate the health impacts of the Initiative.
                            ``(ii) Community development financial 
                        institutions.--Representatives of the Community 
                        Development Financial Institutions shall 
                        conduct research studies and evaluate the 
                        economic impacts of the Initiative.
                    ``(D) Partnerships.--
                            ``(i) In general.--Each partnership shall--
                                    ``(I) conduct periodic 
                                administrative and financial audits of 
                                projects funded by the Initiative; and
                                    ``(II) share with the national fund 
                                manager the results of the audits.
                            ``(ii) Failure of partnership.--In a case 
                        in which a partnership fails, the national fund 
                        manager shall take over the portfolio of the 
                        failed partnership.
    ``(h) Administrative Provisions.--Not later than 180 days after the 
date of enactment of this section, the Secretary shall promulgate such 
regulations as may be necessary to carry out this section, including 
regulations--
            ``(1) for the conduct of a performance evaluation at the 
        end of the initial 5-year period;
            ``(2) to terminate the contract for cause; and
            ``(3) to extend the contract for an additional 5-year 
        period.
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $500,000,000, 
to remain available until expended.''.
    (b) Conforming Amendment.--Section 296(b) of the Department of 
Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended--
            (1) in paragraph (6)(C), by striking ``or'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(8) the authority of the Secretary to establish in the 
        Department the Healthy Food Financing Initiative in accordance 
        with section 242.''.

SEC. 1007. GAO REPORT ON HEALTH EFFECTS OF DEEPWATER HORIZON OIL RIG 
              EXPLOSION IN THE GULF COAST.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study on the type and scope of health care services 
administered through the Department of Health and Human Services 
addressing the provision of health care to racial and ethnic minorities 
(whether residents, clean-up workers, or volunteers) affected by the 
explosion of the mobile offshore drilling unit Deepwater Horizon that 
occurred on April 20, 2010.
    (b) Specific Components; Reporting.--In carrying out subsection 
(a), the Comptroller General shall--
            (1) assess the type, size, and scope of programs 
        administered by the Department of Health and Human Services 
        that focus on provision of health care to communities in the 
        Gulf Coast;
            (2) identify the merits and disadvantages associated with 
        each the programs;
            (3) perform an analysis of the costs and benefits of the 
        programs;
            (4) determine whether there is any duplication of programs; 
        and
            (5) not later than 180 days after the date of the enactment 
        of this Act, report findings and recommendations for improving 
        access to health care for racial and ethnic minorities to the 
        Congress.
                                 <all>
```