In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cancer Screening and Prevention 
Act''.

SEC. 2. MEDICARE COVERAGE OF COLORECTAL SCREENING.

    (a) In General.--Section 1834 of the Social Security Act (42 U.S.C. 
1395m) is amended by inserting after subsection (c) the following new 
subsection:
    ``(d) Frequency and Payment Limits for Screening Fecal-Occult Blood 
Tests, Screening Flexible Sigmoidoscopies, and Screening Colonoscopy.--
            ``(1) Screening fecal-occult blood tests.--
                    ``(A) Payment limit.--In establishing fee schedules 
                under section 1833(h) with respect to screening fecal-
                occult blood tests provided for the purpose of early 
                detection of colon cancer, except as provided by the 
                Secretary under paragraph (3)(A), the payment amount 
                established for tests performed--
                            ``(i) in 1996 shall not exceed $5; and
                            ``(ii) in a subsequent year, shall not 
                        exceed the limit on the payment amount 
                        established under this subsection for such 
                        tests for the preceding year, adjusted by the 
                        applicable adjustment under section 1833(h) for 
                        tests performed in such year.
                    ``(B) Frequency limit.--Subject to revision by the 
                Secretary under paragraph (3)(B), no payment may be 
                made under this part for a screening fecal-occult blood 
                test provided to an individual for the purpose of early 
                detection of colon cancer--
                            ``(i) if the individual is under 50 years 
                        of age; or
                            ``(ii) if the test is performed within the 
                        11 months after a previous screening fecal-
                        occult blood test.
            ``(2) Screening flexible sigmoid- oscopies.--
                    ``(A) Payment amount.--The Secretary shall 
                establish a payment amount under section 1848 with 
                respect to screening flexible sigmoidoscopies provided 
                for the purpose of early detection of colon cancer that 
                is consistent with payment amounts under such section 
                for similar or related services, except that such 
                payment amount shall be established without regard to 
                subsection (a)(2)(A) of such section.
                    ``(B) Frequency limit.--Subject to revision by the 
                Secretary under paragraph (4)(B), no payment may be 
                made under this part for a screening flexible 
                sigmoidoscopy provided to an individual for the purpose 
                of early detection of colon cancer--
                            ``(i) if the individual is under 50 years 
                        of age; or
                            ``(ii) if the procedure is performed within 
                        the 47 months after a previous screening 
                        flexible sigmoidoscopy.
            ``(3) Screening colonoscopy for individuals at high risk 
        for colorectal cancer.--
                    ``(A) Payment amount.--The Secretary shall 
                establish a payment amount under section 1848 with 
                respect to screening colonoscopy for individuals at 
                high risk for colorectal cancer (as defined in 
                subparagraph (C)) provided for the purpose of early 
                detection of colon cancer that is consistent with 
                payment amounts under such section for similar or 
                related services, except that such payment amount shall 
                be established without regard to subsection (a)(2)(A) 
                of such section.
                    ``(B) Frequency limit.--Subject to revision by the 
                Secretary under paragraph (4)(B), no payment may be 
                made under this part for a screening colonoscopy for 
                individuals at high
                 risk for colorectal cancer provided to an individual 
for the purpose of early detection of colon cancer if the procedure is 
performed within the 23 months after a previous screening colonoscopy.
                    ``(C) Individual at high risk defined.--In this 
                subsection, an `individual at high risk for colorectal 
                cancer' is an individual who, because of family 
                history, prior experience of cancer or precursor 
                neoplastic polyps, a history of chronic digestive 
                disease condition (including inflammatory bowel 
                disease, Crohn's Disease, or ulcerative colitis), the 
                presence of any appropriate recognized gene markers for 
                colorectal cancer, or other predisposing factors, faces 
                a high risk for colorectal cancer.
            ``(4) Reductions in payment limit and revision of 
        frequency.--
                    ``(A) Reductions in payment limit.--The Secretary 
                shall review from time to time the appropriateness of 
                the amount of the payment limit established for 
                screening fecal-occult blood tests under paragraph 
                (1)(A). The Secretary may, with respect to tests 
                performed in a year after 1998, reduce the amount of 
                such
                 limit as it applies nationally or in any area to the 
amount that the Secretary estimates is required to assure that such 
tests of an appropriate quality are readily and conveniently available 
during the year.
                    ``(B) Revision of frequency.--
                            ``(i) Review.--The Secretary shall review 
                        periodically the appropriate frequency for 
                        performing screening fecal-occult blood tests, 
                        screening flexible sigmoidoscopies, and 
                        screening colonoscopy based on age and such 
                        other factors as the Secretary believes to be 
                        pertinent.
                            ``(ii) Revision of frequency.--The 
                        Secretary, taking into consideration the review 
                        made under clause (i), may revise from time to 
                        time the frequency with which such tests and 
                        procedures may be paid for under this 
                        subsection, but no such revision shall apply to 
                        tests or procedures performed before January 1, 
                        1999.
            ``(5) Limiting charges of nonparticipating physicians.--
                    ``(A) In general.--In the case of a screening 
                flexible sigmoidoscopy provided to an individual for 
                the purpose of early detection of colon cancer or a 
                screening colonoscopy provided to an individual at high 
                risk for colorectal cancer for the purpose of early 
                detection of colon cancer for which payment may be made 
                under this part, if a nonparticipating physician 
                provides the procedure to an individual enrolled under 
                this part, the physician may not charge the individual 
                more than the limiting charge (as defined in section 
                1848(g)(2)).
                    ``(B) Enforcement.--If a physician or supplier 
                knowing and willfully imposes a charge in violation of 
                subparagraph (A), the Secretary may apply sanctions 
                against such physician or supplier in accordance with 
                section 1842(j)(2).''.
    (b) Conforming Amendments.--(1) Paragraphs (1)(D) and (2)(D) of 
section 1833(a) of such Act (42 U.S.C. 1395l(a)) are each amended by 
striking ``subsection (h)(1),'' and inserting ``subsection (h)(1) or 
section 1834(d)(1),''.
    (2) Section 1833(h)(1)(A) of such Act (42 U.S.C. 1395l(h)(1)(A)) is 
amended by striking ``The Secretary'' and inserting ``Subject to 
paragraphs (1) and (3)(A) of section 1834(d), the Secretary''.
    (3) Clauses (i) and (ii) of section 1848(a)(2)(A) of such Act (42 
U.S.C. 1395w-4(a)(2)(A)) are each amended by striking ``a service'' and 
inserting ``a service (other than a screening flexible sigmoidoscopy 
provided to an individual for the purpose of early detection of colon 
cancer or a screening colonoscopy provided to an individual at high 
risk for colorectal cancer for the purpose of early detection of colon 
cancer)''.
    (4) Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended--
            (A) in paragraph (1)--
                    (i) in subparagraph (E), by striking ``and'' at the 
                end,
                    (ii) in subparagraph (F), by striking the semicolon 
                at the end and inserting ``, and'', and
                    (iii) by adding at the end the following new 
                subparagraph:
            ``(G) in the case of screening fecal-occult blood tests, 
        screening flexible sigmoidoscopies, and screening colonoscopy 
        provided for the purpose of early detection of colon cancer, 
        which are performed more frequently than is covered under 
        section 1834(d);''; and
            (B) in paragraph (7), by striking ``paragraph (1)(B) or 
        under paragraph (1)(F)'' and inserting ``subparagraphs (B), 
        (F), or (G) of paragraph (1)''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by section 2 shall apply to screening fecal-
occult blood tests, screening flexible sigmoidoscopies, and screening 
colonoscopy performed on or after January 1, 1996.
[A]: Cancer Screening and Prevention Act - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of various specified colon and colorectal screening tests and corresponding payment and frequency limits.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Breast Cancer and Environmental 
Research Act of 2005''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Breast cancer is the second leading cause of cancer 
        deaths among American women.
            (2) More women in the United States are living with breast 
        cancer than any other cancer (excluding skin cancer). 
        Approximately 3,000,000 women in the United States are living 
        with breast cancer, about 2,000,000 of which have been 
        diagnosed and an estimated 1,000,000 who do not yet know that 
        they have the disease.
            (3) Breast cancer is the most commonly diagnosed cancer 
        among women in the United States and worldwide (excluding skin 
        cancer). In 2005, it is estimated that 269,730 new cases of 
        breast cancer will be diagnosed among women in the United 
        States, 211,240 invasive breast cancers and 58,490 cases of 
        ductal carcinoma in situ (DCIS).
            (4) Approximately 40,410 women in the United States will 
        die from the disease in 2005. Breast cancer is the leading 
        cause of cancer death for women in the United States between 
        the ages of 20 and 59, and the leading cause of cancer death 
        for women worldwide.
            (5) A woman who lives into her 80s in the United States has 
        a 1 in 7 chance of developing invasive breast cancer in her 
        lifetime. This risk was 1 in 11 in 1975. In 2005, a new case of 
        breast cancer will be diagnosed every 2 minutes and a woman 
        will die from breast cancer every 13 minutes.
            (6) All women are at risk for breast cancer. About 90 
        percent of women who develop breast cancer do not have a family 
        history of the disease.
            (7) The National Action Plan on Breast Cancer, a public 
        private partnership, has recognized the importance of expanding 
        the scope and breadth of biomedical, epidemiological, and 
        behavioral research activities related to the etiology of 
        breast cancer and the role of the environment.
            (8) To date, there has been only a limited research 
        investment to expand the scope or coordinate efforts across 
        disciplines or work with the community to study the role of the 
        environment in the development of breast cancer.
            (9) In 2003, the National Institute of Environmental Health 
        Sciences awarded grants to four research centers to begin to 
        study the prenatal-to-adult environmental exposures that may 
        predispose a woman to breast cancer. The currently funded 
        research is examining the mammary tissue in animals and young 
        girls and study the subjects' life exposures to environmental, 
        nutritional, and social factors that impact menarche. Early 
        menarche, beginning menstruation before the age of 12, has been 
        shown to increase breast cancer risk later in life.
            (10) The National Cancer Institute and the National 
        Institute of Environmental Health Sciences have paired together 
        to make those four centers possible. The two institutes work 
        well together, combining their respective areas of expertise to 
        the best advantage of the research.
            (11) In order to take full advantage of the tremendous 
        potential for avenues of prevention, the Federal investment in 
        the role of the environment and the development of breast 
        cancer should be expanded. The research conducted at the four 
        centers, while critically important, is one small facet of the 
        many issues that must be addressed in order to gauge the link 
        between environmental factors and breast cancer.
            (12) In order to understand the effect of chemicals and 
        radiation on the development of cancer, multi-generational, 
        prospective studies are probably required.

SEC. 3. NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES; AWARDS FOR 
              DEVELOPMENT AND OPERATION OF RESEARCH CENTERS REGARDING 
              ENVIRONMENTAL FACTORS RELATED TO BREAST CANCER.

    Subpart 12 of part C of title IV of the Public Health Service Act 
(42 U.S.C. 285l et seq.) is amended by adding at the end the following 
section:

``SEC. 463C. RESEARCH CENTERS REGARDING ENVIRONMENTAL FACTORS RELATED 
              TO BREAST CANCER.

    ``(a) In General.--The Director of the Institute, based on 
recommendations from the Breast Cancer and Environmental Research Panel 
established under subsection (b) (referred to in this section as the 
`Panel'), shall make grants, after a process of peer review and 
programmatic review, to public or nonprofit private entities for the 
development and operation of not more than 8 centers for the purpose of 
conducting multidisciplinary and multi-institutional research on 
environmental factors that may be related to the etiology of breast 
cancer. Each such center shall be known as a Breast Cancer and 
Environmental Research Center of Excellence.
    ``(b) Breast Cancer and Environmental Research Panel.--
            ``(1) Establishment.--The Secretary shall establish in the 
        Institute of Environmental Health Sciences a Breast Cancer and 
        Environmental Research Panel.
            ``(2) Composition.--The Panel shall be composed of--
                    ``(A) 9 members to be appointed by the Secretary, 
                of which--
                            ``(i) six members shall be appointed from 
                        among physicians, and other health 
                        professionals, who--
                                    ``(I) are not officers or employees 
                                of the United States;
                                    ``(II) represent multiple 
                                disciplines, including clinical, basic, 
                                and public health sciences;
                                    ``(III) represent different 
                                geographical regions of the United 
                                States;
                                    ``(IV) are from practice settings 
                                or academia or other research settings; 
                                and
                                    ``(V) are experienced in biomedical 
                                review; and
                            ``(ii) three members shall be appointed 
                        from the general public who are representatives 
                        of individuals who have had breast cancer and 
                        who represent a constituency; and
                    ``(B) such nonvoting, ex officio members as the 
                Secretary determines to be appropriate.
            ``(3) Chairperson.--The members of the Panel appointed 
        under paragraph (2)(A) shall select a chairperson from among 
        such members.
            ``(4) Meetings.--The Panel shall meet at the call of the 
        chairperson or upon the request of the Director, but in no case 
        less often than once each year.
            ``(5) Duties.--The Panel shall--
                    ``(A) oversee the peer review process for the 
                awarding of grants under subsection (a) and conduct the 
                programmatic review under such subsection;
                    ``(B) make recommendations with respect to the 
                funding criteria and mechanisms under which amounts 
                will be allocated under this section; and
                    ``(C) make final programmatic recommendations with 
                respect to grants under this section.
    ``(c) Collaboration With Community.--Each center under subsection 
(a) shall establish and maintain ongoing collaborations with community 
organizations in the geographic area served by the center, including 
those that represent women with breast cancer.
    ``(d) Coordination of Centers; Reports.--The Director of the 
Institute shall, as appropriate, provide for the coordination of 
information among centers under subsection (a) and ensure regular 
communication between such centers, and may require the periodic 
preparation of reports on the activities of the centers and the 
submission of the reports to the Director.
    ``(e) Required Consortium.--Each center under subsection (a) shall 
be formed from a consortium of cooperating institutions, meeting such 
requirements as may be prescribed by the Director of the Institute. 
Each center shall require collaboration among highly accomplished 
scientists, other health professionals and advocates of diverse 
backgrounds from various areas of expertise.
    ``(f) Duration of Support.--Support of a center under subsection 
(a) may be for a period not exceeding 5 years. Such period may be 
extended for one or more additional periods not exceeding 5 years if 
the operations of such center have been reviewed by an appropriate 
technical and scientific peer review group established by the Director 
of the Institute and if such group has recommended to the Director that 
such period should be extended.
    ``(g) Geographic Distribution of Centers.--The Director of the 
Institute shall, to the extent practicable, provide for an equitable 
geographical distribution of centers under this section.
    ``(h) Innovative Approaches.--Each center under subsection (a) 
shall use innovative approaches to study unexplored or under-explored 
areas of the environment and breast cancer.
    ``(i) Authorization of Appropriations.--For the purpose of carrying 
out this section, there is authorized to be appropriated $30,000,000 
for each of the fiscal years 2006 through 2011. Such authorization is 
in addition to any other authorization of appropriations that is 
available for such purpose.''.
[A]: Breast Cancer and Environmental Research Act of 2005 - Amends the Public Health Service Act to require the Director of the National Institute of Environmental Health Sciences to make grants to public or nonprofit private entities for the development and operation of not more than eight centers to conduct multidisciplinary and multi-institutional research on environmental factors that may be related to the etiology of breast cancer. Requires each such center to: (1) be known as a Breast Cancer and Environmental Research Center of Excellence; (2) establish ongoing collaborations with community organizations; (3) be formed from a consortium of cooperating institutions; (4) be supported under this Act for a period of not more than five years with additional periods allowed after review and recommendation; and (5) use innovative approaches to study unexplored areas of the environment and breast cancer.

Requires the Secretary of Health and Human Services to establish a Breast Cancer and Environmental Research Panel to make recommendations for and to review grants awarded under this Act.


[Q]: SECTION 1. APPEALS PROCESS.

    (a) Reference.--Whenever in this section an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision, the reference shall be considered to be made to a section or 
other provision of title 5, United States Code.
    (b) Time Period for Decision.--Section 8118 is amended by adding at 
the end the following:
    ``(f) A final decision by the agency which first receives a claim 
shall be made within 90 days of the date the claim is received by the 
agency. If a final decision on a claim is not made within such 90 days, 
the claimant shall be authorized continuation of pay under section 8118 
from the date compensation benefits were terminated until a final 
decision is made on such claim.''.
    (c) Claimant's Physician.--Section 8123(a) is amended by adding at 
the end the following: ``The Secretary shall provide the claimant's 
physician with the same opportunity and information as was provided to 
the physician acting for the Secretary, including the statement of 
accepted facts and all medical information in the claimant's file.''.
    (d) Physician Fees.--Section 8123(c) is amended by adding at the 
end the following: ``The fees paid to physicians acting for the 
Secretary shall not exceed the fees paid for the claimant's physicians. 
The claimant's physician and bills for medical services provided the 
claimant shall be paid within 60 days of the submission of an approved 
claim.''.
    (e) Hearing Date.--Section 8124(b)(1) is amended--
            (1) by adding after the first sentence the following: ``The 
        hearing shall be held within 90 days of the date the request 
        for a hearing is received by the Secretary.'', and
            (2) by adding at the end the following: ``If the Secretary 
        does not hold a hearing within 90 days of the date the hearing 
        is requested or if the Secretary does not issue a further 
        decision within 30 days after the hearing ends, the 
        compensation benefits for any claimant challenging a 
        suspension, termination, or reduction in benefits shall be 
        reinstated from the date such benefits were terminated until 
        such time as a decision has been made.''.
    (f) Conduct of Hearing.--
            (1) Administrative law judges.--Section 8124(b)(1) is 
        amended by striking ``on his claim before a representative of 
        the Secretary.'' and inserting a period and the following: 
        ``The hearing shall be conducted by administrative law judges 
        of the Department of Labor.''
            (2) Claimant's authority.--Paragraph (2) of section 8124(b) 
        is amended to read as follows:
    ``(2) In conducting the hearing the Secretary shall follow the 
requirements of chapter 5 of part I. The claimant shall have the right 
to confront and cross examine all adverse witnesses and present such 
evidence as the claimant feels necessary for consideration of the 
claim. The claimant's employer shall not be present at the hearing but 
shall be provided an opportunity to comment on the transcript of the 
hearing.''.
    (g) Appeals.--Section 8124 is amended--
            (1) in subsection (a), by adding after and below paragraph 
        (2) the following: ``After a decision has been made by the 
        Secretary on a claim under this subsection there shall be no 
        further administrative proceedings on the claim. The claimant 
        may make an appeal for judicial review of the Secretary's 
        decision within 90 days of the date the decision is received by 
        the claimant in accordance with chapter 7 of part I.'', and
            (2) by adding at the end the following:
    ``(c) After a decision has been made by the Secretary after a 
hearing on a claim there shall be no further administrative proceedings 
on the claim. The claimant may make an appeal for judicial review in 
accordance with chapter 7 of part I.''.
    (h) Attorneys' Fees.--Section 8127 is amended by adding at the end 
the following:
    ``(c) Except as provided in subsection (d), claimant's attorney or 
representative shall be entitled to receive a fee of 25 percent of the 
benefits awarded to the claimant or $5,000, whichever is less. The 
Secretary shall take such action as may be necessary to assure that 
payment is made directly to the attorney.
    ``(d) If the claimant prevails in a decision of a Federal court 
under chapter 7 of part I, the claimant's attorney shall be paid by the 
Secretary, but not from the claimant's award, for the work of such 
attorney if the position of the Secretary with respect to such claimant 
was found under section 2412(c) of title 28 to be not substantially 
justified.''.
    (i) Review of Award.--Section 8128 is amended by striking out 
subsection (b) and by striking out ``(a)'' in subsection (a).
    (j) Mortgagees and Other Secured Creditors.--Section 8130 is 
amended by adding at the end the following: ``If a mortgagee or other 
secured creditor of the primary residential dwelling of a claimant 
agrees to forebear foreclosure or forfeiture of such dwelling until a 
final decision is rendered on the claim of the claimant under this 
chapter, the claimant may give security under rules promulgated by the 
Secretary to ensure direct payment from the approved award of the 
Secretary on such claim to such mortgagee or other secured creditor for 
all delinquent payments, including interest. The Secretary shall not 
pay, and no liens shall be given, for attorneys' fees, recording costs, 
penalty clauses, or other charges other than delinquent payments, 
including interest, to such mortgagee or other secured creditor. No 
mortgagee or other secured creditor may hold a lien on the claimant's 
primary residential dwelling for any amount in addition to claimant's 
delinquent payments, including interest.''.
    (k) Subrogations and Adjustments.--Section 8132 is amended by 
adding at the end the following: ``In no case shall a subrogation 
secured under section 8131 or an adjustment after recovery made under 
this section exceed the amount the claimant received in an action 
brought against a person other than the United States for lost wages 
and medical expenses. In a subrogation under section 8131, the 
Secretary may not bring an action for loss of consortium or other 
compensatory or punitive damages other than damages for lost wages and 
medical expenses.''.
    (l) Employee's Compensation Appeals Board.--Section 8149 is amended 
by striking out the second sentence.
[A]:
Amends Federal civil service law to revise the appeals process under provisions for workers' compensation for Federal employees.