TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Early Education Employee Benefit Act 
of 2002''.

SEC. 2. AUTHORITY TO MAKE GRANTS.

    The Secretary of Health and Human Services may make grants on a 
competitive basis, and payable during a period of not less than 2 years 
and not more than 5 years, to eligible States and political 
subdivisions of States--
            (1) to establish innovative partnerships with private 
        partners to reduce the cost incurred by employees and union 
        members to obtain early education (including child care, 
        preschool, and other early childhood programs), or
            (2) to assist private partners to pay part of the cost of 
        acquiring, building, and renovating physical premises to be 
        used as new early education facilities.

SEC. 3. ELIGIBILITY OF STATES AND POLITICAL SUBDIVISIONS OF STATES TO 
              RECEIVE GRANTS.

    To be eligible to receive a grant under section 2, a State or a 
political subdivision of a State shall submit to the Secretary an 
application at such time, in such form, and containing such information 
as the Secretary may require by rule, including--
            (1) the agency designated by the State, or the political 
        subdivision of a State, to serve as the lead agency that will 
        administer such grant,
            (2) a description of the program such applicant intends to 
        carry out with such grant,
            (3) a description of the source, and increasing annual 
        amount, of the funds such applicant will use to pay the non-
        Federal share of the cost to carry out such program during a 
        period not less than 2 years and not more than 5 years, and
            (4) an agreement that such State or such political 
        subdivision--
                    (A) will contribute (from non-Federal funds) to 
                carry out such program, an amount equal to 50 percent 
                of the amount of such grant,
                    (B) will not require a private partner to offer on-
                site early education as a condition for participation 
                in an Early Education Benefit Agreement, and
                    (C) will use such grant to supplement, not 
                supplant, spending by such State, such political 
                subdivision, and private partners to improve access to 
                and enhance the quality of early education.

SEC. 4. SELECTION OF APPLICANTS TO RECEIVE GRANTS.

    In making grants under this Act, the Secretary shall give priority 
to eligible applicants that--
            (1) are, in the judgment of the Secretary, most likely to 
        increase the number of employees and members who receive an 
        Early Education Benefit through their employers and unions,
            (2) propose innovative public-private partnerships that 
        will carry out early education programs that are likely to be 
        replicated,
            (3) are likely to be sustainable beyond the period during 
        which such grant is expended,
            (4) are developed in consultation with child care resource 
        and referral agencies and networks, and with employers and 
        unions,
            (5) demonstrate the intention and ability to provide--
                    (A) with funds to be expended for the use described 
                in section 5(1), Early Education Benefits through Early 
                Education Benefit Agreements to a significant number of 
                employees of private employers with fewer than 50 
                employees, or
                    (B) with funds to be expended for the use described 
                in section 5(2), Early Education Start-up Grants to 
                private employers with fewer than 50 employees, and
                    (6) have experience working on early childhood 
                issues and working in partnership with the business 
                community, or have an agreement to implement the 
                program funded by a grant made under section 2 through 
                a nonprofit entity with such experience.

SEC. 5. USES OF FUNDS.

    A recipient of a grant made under section 2 shall use such grant--
            (1) to enter into Early Education Benefit Agreements to 
        provide Early Education Benefits, or
            (2) to provide funds to private partners to establish new 
        early education facilities,
except that not more than 5 percent of such grant may be used to pay 
administrative costs incurred by such recipient to carry out this Act, 
including providing outreach to private partners.

SEC. 6. EARLY EDUCATION BENEFIT AGREEMENTS.

    (a) Eligibility.--To be eligible to receive funds to be used for 
the purpose specified in section 5(1) from a grant made under section 
2, a private partner, or consortia of private partners, shall enter 
into an Early Education Benefit Agreement with the recipient of such 
grant that includes the following:
            (1) An assurance that such private partner, or such 
        consortia, will pay not less than--
                    (A) \1/3\ of the cost of such Early Education 
                Benefit, or
                    (B) \1/5\ of such cost if such private partner, or 
                such consortia, creates a new early education facility 
                that--
                            (i) serves children less than 2 years of 
                        age or children with disabilities, or
                            (ii) is available during nontraditional 
                        work hours.
            (2) An assurance that such private partner, or such 
        consortia, shall offer such Early Education Benefit on a 
        priority basis to such employees or such members who have lower 
        incomes if such Early Education Benefit is not offered to all 
        such employees or all such members.
            (3) An assurance that if such private partner, or such 
        consortia, requires that such Early Education Benefit received 
        by an employee or member be expended at a limited number of 
        sites where early education (including child care, preschool, 
        and other early childhood programs) is provided, then 
there shall be at least 1 provider of early education (including child 
care, preschool, and other early childhood programs) for which such 
Early Education Benefit may be expended, that is--
                    (A) located at or near the residence or place of 
                employment of such employee or such member, and
                    (B) accredited by the National Association for the 
                Education of Young Children or the National Association 
                for Family Child Care, or taking steps to obtain such 
                accreditation.
            (4) An assurance that early education paid for in whole or 
        in part by such Early Education Benefit will be provided by a 
        provider that is licensed or regulated by the State.
            (5) A detailed description of--
                    (i) the nature of the Early Education Benefit to be 
                provided,
                    (ii) the respective financial contributions of such 
                private partner, or such consortia, and such grant 
                recipient, and the procedures by which such 
                contributions will be made,
                    (iii) the number of employees or members expected 
                to receive the Early Education Benefit provided under 
                such Agreement, and
                    (iv) the estimated total cost of such Benefit to 
                such private partner (or such consortia), such grant 
                recipient, and such employees or such members.
    (b) Selection of Private Partners To Enter Into Early Education 
Benefit Agreements.--In selecting private partners with which to enter 
into Early Education Benefit Agreements, a recipient of a grant made 
under section 2 shall give priority to--
            (1) private partners that will make larger financial 
        contributions to the Early Education Benefit,
            (2) private partners with fewer employees or members,
            (3) private partners that will make an Early Education 
        Benefit available to employees and members on a sliding scale 
        inversely proportional to their level of earned income, and
            (4) private partners that have a history of personnel 
        policies and practices that enable their employees or their 
        members to balance work commitments with family obligations.

SEC. 7. EARLY EDUCATION START-UP GRANTS.

    (a) Eligibility To Receive Funds.--To be eligible to receive funds 
for the use specified in section 5(2) from a grant made under section 
2, a private partner shall agree--
            (1) to subsidize attendance at the proposed new early 
        education facility for children of lower-paid employees or 
        members, and
            (2) to pay not less than \1/3\ of the cost of acquiring, 
        building, and renovating physical premises to be used as such 
        facility.
    (b) Selection of Private Partners To Receive Funds.--In providing 
funds to private partners from a grant received for the use specified 
in section 5(2), a recipient of a grant made under section 2 shall give 
priority to--
            (1) private partners that will create a facility to provide 
        early education that--
                    (A) serves children less than 2 years of age or 
                children with disabilities, or
                    (B) is available during nontraditional hours during 
                which their parents are employed,
            (2) private partners that will operate such a facility that 
        is accredited, has a low ratio of children to adults, or 
        demonstrates other facts that show such facility offers an 
        early education program of high quality,
            (3) private partners that will pay with nongovernmental 
        funds a larger share of the cost of the use for which the Early 
        Education Start-up Grant funds will be expended,
            (4) private partners that have fewer employees or members, 
        and
            (5) private partners that have a history of personnel 
        policies and practices that enable their employees or members 
        to balance work commitments with family obligations.

SEC. 8. REPORTS.

    (a) Reports by Grantees.--The Secretary shall issue rules that 
require each recipient of a grant made under section 2 to submit 
annually to the Secretary a report that includes the following 
information for the fiscal year for which such report is submitted:
            (1) The number of Early Education Benefit Agreements 
        participated in and Start-Up Grants made.
            (2) Information about the private partners, including the 
        industry of which they are a part and their size.
            (3) Information about the number of employees who are both 
        offered and are receiving Early Education Benefits as a result 
        of such grant,including the number and average incomes of 
        employees who are receiving Early Education Benefits and the 
        number of employees who were offered and declined Early 
        Education Benefits.
            (4) Information about the amount of private spending on 
        Early Education Benefits and on the investment in new early 
        education facilities leveraged by the grants.
            (5) If appropriate and available, information about whether 
        and at what level private partners have continued to provide 
        Early Education Benefits after the conclusion of the grantee's 
        participation in an Early Education Benefit Agreement.
    (b) Reports by the Secretary.--The Secretary shall submit to the 
Congress biennially a report that includes the following information 
for the period of 2 fiscal years for which such report is submitted:
            (1) Summaries of the reports received under subsection (a) 
        by the Secretary for such period.
            (2) A description of the implementation of this Act, and 
        its impact on employees' access to early education programs for 
        their children, during such period.

SEC. 9. DEFINITIONS.

    For purposes of this Act:
            (1) Child.--The term ``child'' means an individual who is 
        less that 6 years of age.
            (2) Early Education Benefit.--The term ``Early Education 
        Benefit'' means assistance, in cash or in kind, to pay any part 
        of the cost incurred by employees and union members to obtain 
        early education (including child care, preschool, and other 
        early childhood programs) for their children.
            (3) Early Education Benefit Agreement.--The term ``Early 
        Education Benefit Agreement'' means a contract under which a 
        recipient of a grant under section 2 and a private partner that 
        receives from such recipient funds provided for the use 
        described in section 5(1) agree to provide jointly an Early 
        Education Benefit for children of the members or employees of 
        such private partner.
            (4) Private Partner.--The term ``private partner'' means a 
        private employer, labor union, and consortia of employers or 
        labor unions.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as may be necessary for fiscal years 2003 through 2007.

SOLUTION: Early Education Employee Benefit Act of 2002 - Authorizes the Secretary of Health and Human Services (HHS) to make competitive matching grants to States and local governments to: (1) enter Early Education Benefit Agreements with private partners to provide part of the cost of Early Education Benefits, which reduce costs incurred by employees and union members to obtain early education (including child care, preschool, and other early childhood programs); or (2) make Early Education Start-Up Grants to assist private partners to pay part of the cost of acquiring, building, and renovating physical premises to be used as new early education facilities, if such partners subsidize attendance at those facilities for children of lower-paid employees or union members.

PROBLEM: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Government Waste 
Reduction Act of 2013''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Establishment of Board.
Sec. 3. Duties of the Board.
Sec. 4. Powers of the Board.
Sec. 5. Board personnel matters.
Sec. 6. Congressional consideration of Board recommendations.
Sec. 7. Termination of the Board.

SEC. 2. ESTABLISHMENT OF BOARD.

    (a) Establishment.--There is established the Independent Government 
Waste Reduction Board (hereafter in this Act referred to as the 
``Board'').
    (b) Membership.--
            (1) In general.--
                    (A) Appointment.--The Board shall be composed of 15 
                members appointed by the President, by and with the 
                advice and consent of Congress.
                    (B) Qualifications.--The members of the Board shall 
                include individuals with national recognition for their 
                expertise in agencies, efficiency, waste reduction, 
                finance and economics, actuarial sciences, who provide 
                a mix of different professionals, broad geographic 
                representation, and a balance between urban and rural 
                representatives.
                    (C) Ethical disclosure.--The President shall 
                establish a system for public disclosure by members of 
                the Board of financial and other potential conflicts of 
                interest relating to such members. Members of the Board 
                shall be treated as officers in the executive branch 
                for purposes of applying title I of the Ethics in 
                Government Act of 1978 (Public Law 95-521).
                    (D) Conflicts of interest.--No individual may serve 
                as a member of the Board if that individual engages in 
                any other business, vocation, or employment.
                    (E) Consultation with congress.--In selecting 
                individuals for nominations for appointments to the 
                Board, the President shall consult with--
                            (i) the majority leader of the Senate 
                        concerning the appointment of 3 members;
                            (ii) the Speaker of the House of 
                        Representatives concerning the appointment of 3 
                        members;
                            (iii) the minority leader of the Senate 
                        concerning the appointment of 3 members; and
                            (iv) the minority leader of the House of 
                        Representatives concerning the appointment of 3 
                        members.
            (2) Term of office.--Each member shall hold office for the 
        duration of the Board.
            (3) Chairperson.--
                    (A) In general.--The Chairperson shall be appointed 
                by the President, by and with the advice and consent of 
                the Senate, from among the members of the Board.
                    (B) Duties.--The Chairperson shall be the principal 
                executive officer of the Board, and shall exercise all 
                of the executive and administrative functions of the 
                Board, including functions of the Board with respect 
                to--
                            (i) the appointment and supervision of 
                        personnel employed by the Board;
                            (ii) the distribution of business among 
                        personnel appointed and supervised by the 
                        Chairperson and among administrative units of 
                        the Board; and
                            (iii) the use and expenditure of funds.
                    (C) Governance.--In carrying out any of the 
                functions under subparagraph (B), the Chairperson shall 
                be governed by the general policies established by the 
                Board and by the decisions, findings, and 
                determinations the Board shall by law be authorized to 
                make.
                    (D) Requests for appropriations.--Requests or 
                estimates for regular, supplemental, or deficiency 
                appropriations on behalf of the Board may not be 
                submitted by the Chairperson without the prior approval 
                of a majority vote of the Board.
            (4) Removal.--Any member may be removed by the President 
        for neglect of duty or malfeasance in office, but for no other 
        cause.
    (c) Vacancies; Quorum; Seal; Vice Chairperson; Voting on Reports.--
            (1) Vacancies.--No vacancy on the Board shall impair the 
        right of the remaining members to exercise all the powers of 
        the Board.
            (2) Quorum.--A majority of the members of the Board shall 
        constitute a quorum for the transaction of business, but a 
        lesser number of members may hold hearings.
            (3) Seal.--The Board shall have an official seal, of which 
        judicial notice shall be taken.
            (4) Vice chairperson.--The Board shall elect a Vice 
        Chairperson to act in the absence or disability of the 
        Chairperson or in case of a vacancy in the office of the 
        Chairperson.
            (5) Voting on proposals.--Any proposal of the Board must be 
        approved by the majority of members present.

SEC. 3. DUTIES OF THE BOARD.

    (a) Submission of Report.--Not later than one year after the date 
of the enactment of this Act, the Board shall submit to Congress and 
the President a report that advises specific implementation of the 
recommendations from the March 2011 Government Accountability Office 
report to Congress, entitled ``Opportunities to Reduce Potential 
Duplication in Government Programs, Save Tax Dollars, and Enhance 
Revenue'' (GAO-11-318SP) and the February 2012 Government 
Accountability Office report to Congress, entitled ``Opportunities to 
Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and 
Enhance Revenue'' (GAO-12-342SP) and shall include--
            (1) a summary of the recommendations;
            (2) an explanation of each recommendation contained in the 
        report and the reasons for including such recommendation;
            (3) an opinion by the Government Accountability Office on 
        whether each recommendation is consistent with the intent of 
        such Government Accountability Office reports;
            (4) a legislative proposal that implements the 
        recommendations; and
            (5) other information determined appropriate by the Board.
    (b) Recommendations Requirements.--
            (1) Requirements.--Each recommendation in the report 
        submitted under subsection (a)--
                    (A) shall result in a decrease of overall 
                Government spending or an increase of Government 
                revenue; and
                    (B) shall not result in--
                            (i) any cut in benefits for veterans, 
                        members of the Armed Forces, or their families; 
                        or
                            (ii) any cut in benefits for seniors, 
                        including--
                                    (I) the elimination of guaranteed 
                                health insurance benefits for seniors 
                                or people with disabilities;
                                    (II) the conversion of Medicare 
                                into a voucher plan that provides 
                                limited payments to seniors or people 
                                with disabilities to purchase health 
                                care in the private health insurance 
                                market;
                                    (III) cuts in Medicaid health 
                                insurance benefits;
                                    (IV) cuts in nursing home care; or
                                    (V) privatization of Social 
                                Security benefits.
            (2) Consultation with other agencies.--The Board shall 
        consult regularly with the Government Accountability Office and 
        other agencies in making the recommendations required under 
        this section.

SEC. 4. POWERS OF THE BOARD.

    (a) Hearings.--The Board may hold such hearings, sit and act at 
such times and places, take such testimony, and receive such evidence 
as the Board considers advisable to carry out this Act.
    (b) Obtaining Official Data.--The Board may secure directly from 
any department or agency information necessary to enable it to carry 
out this section. Upon request of the Chairperson, the head of that 
department or agency shall furnish that information to the Board on an 
agreed upon schedule.
    (c) Postal Services.--The Board may use the United States mails in 
the same manner and under the same conditions as other agencies of the 
Federal Government.
    (d) Gifts.--The Board may accept, use, and dispose of gifts or 
donations of services or property.
    (e) Offices.--The Board shall maintain a principal office and such 
field offices as it determines necessary, and may meet and exercise any 
of its powers at any other place.

SEC. 5. BOARD PERSONNEL MATTERS.

    (a) Compensation of Members and Chairperson.--Each member of the 
Board, other than the Chairperson, shall be compensated at a rate equal 
to the annual rate of basic pay prescribed for level III of the 
Executive Schedule under section 5315 of title 5, United States Code. 
The Chairperson shall be compensated at a rate equal to the daily 
equivalent of the annual rate of basic pay prescribed for level II of 
the Executive Schedule under section 5315 of title 5, United States 
Code.
    (b) Travel Expenses.--The members of the Board 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 Board.
    (c) Staff.--
            (1) In general.--The Chairperson may, without regard to the 
        civil service laws and regulations, appoint and terminate an 
        executive director and such other additional personnel as may 
        be necessary to enable the Board to perform its duties. The 
        employment of an executive director shall be subject to 
        confirmation by the Board.
            (2) Compensation.--The Chairperson may fix the compensation 
        of the executive director and other personnel without regard to 
        chapter 51 and subchapter III of chapter 53 of title 5, United 
        States Code, relating to classification of positions and 
        General Schedule pay rates, except that the rate of pay for the 
        executive director and other personnel may not exceed the rate 
        payable for level V of the Executive Schedule under section 
        5316 of such title.
    (d) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Board without reimbursement, and such 
detail shall be without interruption or loss of civil service status or 
privilege.
    (e) Procurement of Temporary and Intermittent Services.--The 
Chairperson 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.

SEC. 6. CONGRESSIONAL CONSIDERATION OF BOARD RECOMMENDATIONS.

    (a) Introduction.--
            (1) In general.--On the day on which the report is 
        submitted by the Board to the Congress under section 3(a), the 
        legislative proposal (described in section 3(a)(4)) contained 
        in the report shall be introduced (by request) in the Senate by 
        the majority leader of the Senate or by Members of the Senate 
        designated by the majority leader of the Senate and shall be 
        introduced (by request) in the House by the majority leader of 
        the House or by Members of the House designated by the majority 
        leader of the House.
            (2) Not in session.--If either House is not in session on 
        the day on which such legislative proposal is submitted, the 
        legislative proposal shall be introduced in that House, as 
        provided in subparagraph (A), on the first day thereafter on 
        which that House is in session.
            (3) Any member.--If the legislative proposal is not 
        introduced in either House within 5 days on which that House is 
        in session after the day on which the legislative proposal is 
        submitted, then any Member of that House may introduce the 
        legislative proposal.
            (4) Referral.--The legislation introduced under this 
        subsection in the House of Representatives shall be referred to 
        the Committee on Oversight and Government Reform of the House 
        of Representatives. The legislation introduced under this 
        subsection in the Senate shall be referred to the Committee on 
        Homeland Security and Governmental Affairs of the Senate.
    (b) Discharge.--If the committee to which a legislative proposal 
described in subsection (a) is referred has not reported the bill 
containing such proposal by the end of the 20-day period beginning on 
the date on which the Board submits the report to Congress under 
section 3(a), such committee shall be, at the end of such period, 
discharged from further consideration of such bill, and such bill shall 
be placed on the appropriate calendar of the House involved.
    (c) Expedited Consideration.--
            (1) Consideration.--On or after the third day after the 
        date on which the committee to which such a bill is referred 
        has reported, or has been discharged (under subsection (b)) 
        from further consideration of, such a bill, it is in order 
        (even though a previous motion to the same effect has been 
        disagreed to) for any Member of the respective House to move to 
        proceed to the consideration of the bill. A member may make the 
        motion only on the day after the calendar day on which the 
        Member announces to the House concerned the Member's intention 
        to make the motion, except that, in the case of the House of 
        Representatives, the motion may be made without such prior 
        announcement if the motion is made by direction of the 
        committee to which the bill was referred. The motion is highly 
        privileged in the House of Representatives and is privileged in 
        the Senate and is not debatable. The motion is not subject to 
        amendment, or to a motion to postpone, or to a motion to 
        proceed to the consideration of other business. A motion to 
        reconsider the vote by which the motion is agreed to or 
        disagreed to shall not be in order. If a motion to proceed to 
        the consideration of the bill is agreed to, the respective 
        House shall immediately proceed to consideration of the bill 
        without intervening motion, order, or other business, and the 
        bill shall remain the unfinished business of the respective 
        House until disposed of.
            (2) Debate.--Debate on the bill, and on all debatable 
        motions and appeals in connection therewith, shall be limited 
        to not more than 2 hours, which shall be divided equally 
        between those favoring and those opposing the bill. An 
        amendment to the bill is not in order. A motion further to 
        limit debate is in order and not debatable. A motion to 
        postpone, or a motion to proceed to the consideration of other 
        business, or a motion to recommit the bill is not in order. A 
        motion to reconsider the vote by which the bill is agreed to or 
        disagreed to is not in order.
            (3) Vote on final passage.--Immediately following the 
        conclusion of the debate on the bill and a single quorum call 
        at the conclusion of the debate if requested in accordance with 
        the rules of the appropriate House, the vote on final passage 
        of the bill shall occur.
            (4) Appeals.--Appeals from the decisions of the Chair 
        relating to the application of the rules of the Senate or the 
        House of Representatives, as the case may be, to the procedure 
        relating to the bill shall be decided without debate.
    (d) Consideration by Other House.--
            (1) Before passage.--If, before the passage by one House of 
        a bill of that House described in subsection (b), that House 
        receives from the other House a bill described in subsection 
        (b), then the following procedures shall apply--
                    (A) the bill of the other House shall not be 
                referred to a committee and may not be considered in 
                the House receiving it except in the case of final 
                passage as provided in subparagraph (B)(ii); and
                    (B) with respect to a bill described in subsection 
                (b) of the House receiving the bill (i) the procedure 
                in that House shall be the same as if no bill had been 
                received from the other House; but (ii) the vote on 
                final passage shall be on the bill of the other House.
            (2) After passage.--Upon disposition of the bill received 
        from the other House, it shall no longer be in order to 
        consider the bill that originated in the receiving House.
    (e) Rules of the Senate and House.--This section is enacted by 
Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a bill described in subsection (b), 
        and it supersedes other rules only to the extent that it is 
        inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.
    (f) Calendar Day Defined.--In this section, the term ``calendar 
day'' means a calendar day other than one on which either House is not 
in session because of an adjournment of more than three days to a date 
certain.

SEC. 7. TERMINATION OF THE BOARD.

    The Board shall terminate 120 days after the date on which the 
Board submits the report under section 3(a).

SOLUTION: Government Waste Reduction Act of 2013 - Establishes the Independent Government Waste Reduction Board, the membership of which shall include individuals with national recognition for expertise in agencies, waste reduction, finance and economics, and actuarial sciences. Requires the Board to submit to Congress and the President a report that advises specific implementation of the recommendations from the March 2011 Government Accountability Office (GAO) report &quot;Opportunities to Reduce Potential Duplication in Government Programs, Save Tax Dollars, and Enhance Revenue&quot; and the February 2012 GAO report &quot;Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue.&quot; Sets forth procedures for congressional consideration of the Board's recommendations.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``The Fairness in Medicare Home Health 
Access Act of 1999''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Home health care is a vital component of the medicare 
        program under title XVIII of the Social Security Act.
            (2) Home health services provided under the medicare 
        program enable medicare beneficiaries who are homebound and 
        greatly risk costly institutionalized care to continue to live 
        in their own homes and communities.
            (3) Implementation of the interim payment system for home 
        health services has inadvertently exacerbated payment 
        disparities for home health services among regions, penalizing 
        efficient, low-cost providers in rural areas and providing 
        insufficient compensation for the care of medicare 
        beneficiaries with acute, medically complex conditions.
            (4) The combination of insufficient payments and new 
        administrative changes has reduced the access of medicare 
        beneficiaries to home health services in many areas by forcing 
        home health agencies to provide fewer services, to shrink their 
        service areas, or to limit the types of conditions for which 
        they provide treatment.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To improve access to care for medicare beneficiaries 
        with high medical needs by establishing a process for home 
        health agencies to exclude services provided to medicare 
        beneficiaries with acute, medically complex conditions from 
        payment limits and to receive payment based on the reasonable 
        costs of providing such services through a process that is 
        feasible for the Health Care Financing Administration to 
        administer.
            (2) To ensure that the 15 percent contingency reduction in 
        medicare payments for home health services established under 
        the Balanced Budget Act of 1997 does not occur under the 
        interim payment system for home health services.
            (3) To reduce the scheduled 15 percent reduction in the 
        cost limits and per beneficiary limits to 10 percent and to 
        phase-in the additional 5 percent reduction in such limits 
        after the initial 3 years of the prospective payment system for 
        home health services.
            (4) To address the unique challenges of serving medicare 
        beneficiaries in rural and underserved areas by increasing the 
        per visit cost limit under the interim payment system for home 
        health services.
            (5) To refine the home health consolidated billing 
        provision to ensure that medicare beneficiaries requiring 
        durable medical equipment services do not experience a break in 
        the continuum of care during episodes of home health care.
            (6) To eliminate the requirement that home health agencies 
        identify the length of time of a service visit in 15 minute 
        increments.
            (7) To express the sense of the Senate that the Secretary 
        of Health and Human Services should establish a uniform process 
        for disseminating information to fiscal intermediaries to 
        ensure timely and accurate information to home health agencies 
        and beneficiaries.

SEC. 3. ADEQUATELY ACCOUNTING FOR THE NEEDS OF MEDICARE BENEFICIARIES 
              WITH ACUTE, MEDICALLY COMPLEX CONDITIONS.

    (a) Waiver of Per Beneficiary Limits for Outliers.--Section 
1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), as 
amended by section 5101 of the Tax and Trade Relief Extension Act of 
1998 (contained in Division J of Public Law 105-277), is amended--
            (1) by redesignating clause (ix) as clause (x); and
            (2) by inserting after clause (viii) the following:
    ``(ix)(I) Notwithstanding the applicable per beneficiary limit 
under clause (v), (vi), or (viii), but subject to the applicable per 
visit limit under clause (i), in the case of a provider that 
demonstrates to the Secretary that with respect to an individual to 
whom the provider furnished home health services appropriate to the 
individual's condition (as determined by the Secretary) at a reasonable 
cost (as determined by the Secretary), and that such reasonable cost 
significantly exceeded such applicable per beneficiary limit because of 
unusual variations in the type or amount of medically necessary care 
required to treat the individual, the Secretary, upon application by 
the provider, shall pay to such provider for such individual such 
reasonable cost.
    ``(II) The total amount of the additional payments made to home 
health agencies pursuant to subclause (I) in any fiscal year shall not 
exceed an amount equal to 2 percent of the amounts that would have been 
paid under this subparagraph in such year if this clause had not been 
enacted.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of enactment of this Act, and apply with 
respect to each application for payment of reasonable costs for 
outliers submitted by any home health agency for cost reporting periods 
ending on or after October 1, 1999.

SEC. 4. PROTECTION OF THE ACCESS OF MEDICARE BENEFICIARIES TO HOME 
              HEALTH SERVICES BY ADDRESSING THE 15 PERCENT CONTINGENCY 
              REDUCTION IN INTERIM PAYMENTS FOR HOME HEALTH SERVICES.

    (a) Elimination of Contingency Reduction.--Section 4603 of the 
Balanced Budget Act of 1997 (42 U.S.C. 1395fff note), as amended by 
section 5101(c)(3) of the Tax and Trade Relief Extension Act of 1998 
(contained in division J of Public Law 105-277), is amended by striking 
subsection (e).
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the enactment of the Balanced Budget Act 
of 1997 (Public Law 105-33; 111 Stat. 251).

SEC. 5. PROTECTION OF THE ACCESS OF MEDICARE BENEFICIARIES TO HOME 
              HEALTH SERVICES THROUGH A PHASE-IN OF THE 15 PERCENT 
              REDUCTION IN PROSPECTIVE PAYMENTS FOR HOME HEALTH 
              SERVICES.

    (a) Phase-In of 15 Percent Reduction.--Section 1895(b)(3)(A)(ii) 
(42 U.S.C. 1395fff(b)), as amended by section 5101(c)(1)(B) of the Tax 
and Trade Relief Extension Act of 1998 (contained in division J of 
Public Law 105-277), is amended--
            (1) in paragraph (3)(A)(ii), by striking ``15'' and 
        inserting ``10''; and
            (2) by adding at the end the following:
            ``(7) Special rule for payments beginning with fiscal year 
        2004.--Beginning with fiscal year 2004, payment under this 
        section shall be made as if `15' had been substituted for `10' 
        in clause (ii) of paragraph (3)(A) when computing the initial 
        basis under such paragraph.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of enactment of this Act.

SEC. 6. INCREASE IN PER VISIT COST LIMIT TO 112 PERCENT OF THE NATIONAL 
              MEDIAN.

    Section 1861(v)(1)(L)(i) of the Social Security Act (42 U.S.C. 
1395x(v)(1)(L)(i)), as amended by section 5101(b) of the Tax and Trade 
Relief Extension Act of 1998 (contained in division J of Public Law 
105-277), is amended--
            (1) in subclause (IV), by striking ``or'';
            (2) in subclause (V)--
                    (A) by inserting ``and before October 1, 1999,'' 
                after ``October 1, 1998,''; and
                    (B) by striking the period and inserting ``, or''; 
                and
            (3) by adding at the end the following:
            ``(VI) October 1, 1999, 112 percent of such median.''.

SEC. 7. REFINEMENT OF HOME HEALTH AGENCY CONSOLIDATED BILLING.

    (a) In General.--Section 1842(b)(6)(F) of the Social Security Act 
(42 U.S.C. 1395u(b)(6)(F)) is amended by striking ``payment shall be 
made to the agency (without regard to whether or not the item or 
service was furnished by the agency, by others under arrangement with 
them made by the agency, or when any other contracting or consulting 
arrangement, or otherwise).'' and inserting ``(i) payment shall be made 
to the agency (without regard to whether or not the item or service was 
furnished by the agency, by others under arrangement with them made by 
the agency, or when any other contracting or consulting arrangement, or 
otherwise); and (ii) in the case of an item of durable medical 
equipment (as defined in section 1861(n)), payment for the item shall 
be made to the agency separately from payment for other items and 
services furnished to such an individual under such plan.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to items of durable medical equipment furnished on or after the 
date of enactment of this Act.

SEC. 8. ELIMINATION OF TIMEKEEPING REQUIREMENTS UNDER THE PROSPECTIVE 
              PAYMENT SYSTEM FOR HOME HEALTH AGENCIES.

    (a) In General.--Section 1895(c) of the Social Security Act (42 
U.S.C. 1395fff(c)) is amended--
            (1) by striking ``unless--'' and all that follows through 
        ``(1) the'' and inserting ``unless the''; and
            (2) by striking ``1835(a)(2)(A);'' and all that follows 
        through the period and inserting ``1835(a)(2)(A).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of enactment of this Act.

SEC. 9. SENSE OF THE SENATE REGARDING THE TIMELINESS AND ACCURACY OF 
              INTERMEDIARY COMMUNICATIONS TO HOME HEALTH AGENCIES.

    It is the sense of the Senate that the Secretary of Health and 
Human Services should establish a nationally uniform process that 
ensures that each fiscal intermediary (as defined in section 1816(a) of 
the Social Security Act (42 U.S.C. 1395h(a))) and each carrier (as 
defined in section 1842(f) of such Act (42 U.S.C. 1395u(f))) has the 
training and ability necessary to provide timely, accurate, and 
consistent coverage and payment information to each home health agency 
and to each individual eligible to have payment made under the medicare 
program under title XVIII of such Act (42 U.S.C. 1395 et seq.).

SOLUTION:
Amends the Balanced Budget Act of 1997 to eliminate the 15 percent home health services payment reduction in interim payments which would occur if the Secretary did not establish a prospective payment system (PPS) for such services as provided for in such Act.
Amends SSA title XVIII with regard to the PPS for home health services to reduce the current 15 percent reduction in cost and per beneficiary limits to ten percent, establishing a special rule beginning in FY 2004 that restores the reduction back to its original 15 percent.
Increases the per visit cost limit to 112 percent of the national median.
Provides that in the case of home health services furnished to an individual who (at the time of furnishing) is under a home health agency plan of care, payment for an item of durable medical equipment shall be made to the agency separately from payment for other items and services furnished.
Eliminates timekeeping requirements under the PPS for home health agencies.
Expresses the sense of the Senate that the Secretary should establish a nationally uniform process that ensures that fiscal intermediaries and carriers under Medicare have the training and ability necessary to provide timely, accurate, and consistent coverage and payment information to each home health agency and to each individual eligible to have payment made under Medicare.