to disclosure pursuant to section 552 
of title 5, United States Code. 
‘‘(iv) REPORT.—Not later than 1 year 
after the date of enactment of this para-
graph, and not later than October 1 of 
each year thereafter, the Secretary shall 
submit to Congress, and make publicly 
available, a report that contains— 
‘‘(I) a summary of the compara-
tive analyses requested under clause 
(i), including the identity of each plan 
that is determined to be not in com-
pliance after the final determination 
by the Secretary described in clause 
(iii)(I)(bb); 
‘‘(II) the Secretary’s conclusions 
as to whether each plan submitted 
sufficient information for the Sec-
retary to review the comparative anal-
yses requested under clause (i) for 
compliance with this section; 
‘‘(III) for each plan that did sub-
mit sufficient information for the Sec-
retary to review the comparative anal-
yses requested under clause (i), the 
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Secretary’s conclusions as to whether 
and why the plan or coverage is in 
compliance with the requirements 
under this section; 
‘‘(IV) the Secretary’s specifica-
tions described in clause (ii) for each 
plan that the Secretary determined 
did not submit sufficient information 
for the Secretary to review the com-
parative analyses requested under 
clause (i) for compliance with this sec-
tion; and 
‘‘(V) the Secretary’s specifica-
tions described in clause (iii) of the 
actions each plan that the Secretary 
determined is not in compliance with 
this section must take to be in compli-
ance with this section, including the 
reason why the Secretary determined 
the plan or coverage is not in compli-
ance. 
‘‘(C) COMPLIANCE
PROGRAM
GUIDANCE 
DOCUMENT UPDATE PROCESS.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall include instances of noncompliance 
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that the Secretary discovers upon review-
ing the comparative analyses requested 
under subparagraph (B)(i) in the compli-
ance program guidance document de-
scribed in paragraph (6), as it is updated 
every 2 years, except that such instances 
shall not disclose any protected health in-
formation or individually identifiable infor-
mation. 
‘‘(ii) GUIDANCE AND REGULATIONS.— 
Not later than 18 months after the date of 
enactment of this paragraph, the Secretary 
shall finalize any draft or interim guidance 
and regulations relating to mental health 
parity under this section. Such draft guid-
ance shall include guidance to clarify the 
process and timeline for current and poten-
tial participants and beneficiaries (and au-
thorized representatives and health care 
providers of such participants and bene-
ficiaries) with respect to plans to file com-
plaints of such plans or issuers being in 
violation of this section, including guid-
ance, by plan type, on the relevant State, 
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regional, or national office with which such 
complaints should be filed. 
‘‘(iii) STATE.—The Secretary shall 
share information on findings of compli-
ance and noncompliance discovered upon 
reviewing the comparative analyses re-
quested under subparagraph (B)(i) with 
the State where the group health plan is 
located or the State where the health in-
surance issuer is licensed to do business 
for coverage offered by a health insurance 
issuer in the group market, in accordance 
with paragraph (6)(B)(iii)(II).’’. 
(d) IMPLEMENTATION.—The Secretary of Health and 
Human Services, the Secretary of Labor, and the Sec-
retary of the Treasury may implement the paragraph (8) 
of section 2799A–1(a) of the Public Health Service Act, 
added by subsection (a), the paragraph (8) of section 
712(a) of the Employee Retirement Income Security Act 
of 1974, as added by subsection (b), and the paragraph 
(8) of section 9812(a) of the Internal Revenue Code of 
1986, as added by subsection (c), by program instruction, 
guidance, or otherwise. 
Æ 
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