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 ``Shareholder Empowerment Act of 
2009''.

SEC. 2. MAJORITY VOTING FOR DIRECTORS.

    The Securities Exchange Act of 1934 is amended by adding after 
section 16 the following new section:

``SEC. 16A. ELECTION OF DIRECTORS.

    ``(a) Standards Relating to Election of Directors.--
            ``(1) Commission rules.--Not later than 270 days after the 
        date of enactment of this section, the Commission shall, by 
        rule, direct the national securities exchanges and national 
        securities associations to prohibit the listing of any security 
        of an issuer that is not in compliance with the requirements of 
        any portion of paragraph (2). Such rules shall provide for 
        appropriate procedures for an issuer to have an opportunity to 
        cure any defects that would be the basis for such a prohibition 
        before the imposition of such prohibition.
            ``(2) Standards for election of directors.--
                    ``(A) Majority voting.--Each issuer shall, to the 
                extent permitted under State law, provide in its 
                governing documents that--
                            ``(i) directors in uncontested elections 
                        shall be elected by a majority of the votes 
                        cast as to each nominee; and
                            ``(ii) in contested elections where the 
                        number of nominees exceeds the number of 
                        directors to be elected, directors shall be 
                        elected by the vote of a plurality of the 
                        shares represented at any meeting and entitled 
                        to vote on the election of directors.
                    ``(B) Resignation policy.--Each issuer shall also, 
                to the extent permitted under State law, adopt 
                procedures under which any director who is not elected 
                to a new term shall offer to tender his or her 
                resignation to the board of directors. The board of 
                directors, with the advice of a committee of the board 
                if such a committee has been established for that 
                purpose, shall determine what action should be taken as 
                to that resignation and shall publicly disclose its 
                decision and the rationale for that decision within a 
                reasonable period after certification of the election 
                results.
    ``(b) Shareholder Access to the Proxy in Director Elections.--
            ``(1) Rule.--Not later than 270 days after the date of 
        enactment of this section, the Commission shall, by rule, 
        require that in proxy statements and proxies, authorizations or 
        consents prepared by an issuer pursuant to section 14, the 
        issuer shall identify and provide security holders with an 
        opportunity to vote on candidates for the board of directors 
        who have been nominated by holders in the aggregate at least 1 
        percent of the issuer's voting securities for at least 2 years 
        prior to a record date established by the issuer for a meeting 
        of security holders.
            ``(2) Application.--This rule shall specify the information 
        to be provided to an issuer by security holders who nominate 
        candidates for inclusion in an issuer's proxy materials under 
        this section and shall require the issuer to disclose 
        information about such candidates in the issuer's proxy 
        materials to the same extent that information must be disclosed 
        about candidates nominated by the issuer. This rule shall apply 
        only when eligible security holders have nominated fewer than a 
        majority of the number of directors then authorized to serve on 
        the board of directors, and the rule shall specify procedures 
        to be followed if different security holders nominate 
        candidates sufficient to constitute a majority of the board of 
        directors.
            ``(3) Effective date.--The rule shall apply to proxy voting 
        for meetings of security holders held on or after January 1, 
        2010, except to the extent that a meeting was originally 
        scheduled to be held in 2009, but was adjourned to 2010.
    ``(c) Broker Discretionary Voting in Uncontested Director 
Elections.--Not later than 270 days after the date of enactment of this 
section, the Commission shall by, rule, require that a broker shall not 
be allowed to vote securities on an uncontested election to the board 
of directors of an issuer to the extent that the beneficial owner of 
those securities has not provided specific instructions to the broker. 
The rule shall apply to proxy voting for meetings of security holders 
held on or after January 1, 2010, except to the extent that a meeting 
was originally scheduled to be held in 2009, but was adjourned to 2010.
    ``(d) Independent Chairman of the Board of Directors.--
            ``(1) Commission rules.--Not later than 270 days after the 
        date of enactment of this section, the Commission shall, by 
        rule, direct the national securities exchanges and national 
        securities associations to prohibit the listing of any security 
        of an issuer that is not in compliance with the requirements of 
        any portion of paragraph (2). Such rules shall provide for 
        appropriate procedures for an issuer to have an opportunity to 
        cure any defects that would be the basis for such a prohibition 
        before the imposition of such prohibition.
            ``(2) Independent chairman of the board of directors.--Each 
        issuer shall provide in its governing documents or a public 
        statement of corporate policy that, to the extent possible and 
        consistent with the issuer's status as a publicly traded 
        company, the chairman of the board of directors shall be an 
        independent director who has not previously served as an 
        executive officer of the issuer. Such rule shall be implemented 
        with due regard for contracts in existence on the date of 
        enactment of this section. For purposes of this subsection, an 
        `independent director' shall be one who during the preceding 5 
        years has not been--
                    ``(A) employed by the issuer in an executive 
                capacity;
                    ``(B) an employee, director or owner greater than 
                20 percent of the beneficial shares of a firm that is a 
                paid adviser or consultant to the issuer;
                    ``(C) employed by a significant customer or 
                supplier of the issuer;
                    ``(D) a party to a personal services contract with 
                the issuer, as well as with the issuer's Chair, chief 
                executive officer, or other senior executive officer;
                    ``(E) an employee, officer or director of a 
                foundation, university or other non-profit organization 
                that receives the greater of $100,000 or 1 percent of 
                total annual donations from the issuer;
                    ``(F) a relative of an executive of the issuer;
                    ``(G) part of an interlocking directorate in which 
                the issuer's chief executive officer or another 
                executive serves on the board of another issuer 
                employing that director; and
                    ``(H) engaged in any other relationship with the 
                issuer or senior executives that the Commission 
                determines would not render that director an 
                independent director.''.

SEC. 3. EXECUTIVE COMPENSATION REQUIREMENTS.

    The Securities Exchange Act of 1934 is further amended by adding 
after the section 16A, as added by section 2, the following new section

``SEC. 16B. EXECUTIVE COMPENSATION REQUIREMENTS.

    ``(a) Shareholder Approval of Executive Compensation.--
            ``(1) Annual shareholder vote on executive compensation.--
        Any proxy or consent or authorization for an annual or other 
        meeting of an issuer shall permit a separate vote by 
        shareholders to approve the compensation of senior executive 
        officers, as disclosed pursuant to the compensation disclosure 
        rules of the Commission (which disclosure shall include the 
        compensation discussion and analysis, the compensation tables, 
        and any related material).
            ``(2) Non-binding nature of vote.--A shareholder vote 
        described in paragraph (1) shall not be binding on the board of 
        directors of an issuer and may not be construed as overruling a 
        decision by such board, nor to create or imply any additional 
        fiduciary duty by such board, nor shall such vote be construed 
        to restrict or limit the ability of security holders to make 
        proposals for inclusion in proxy materials related to executive 
        compensation.
            ``(3) Deadline for rules.--Not later than 1 year after the 
        date of enactment of this section, the Commission shall issue 
        any final rules and regulations required by this section.
            ``(4) Exception.--This provision shall not apply to any 
        issuer who is subject to a similar recoupment requirement under 
        another provision of Federal law.
    ``(b) Independent Compensation Advisers.--
            ``(1) Requirement.--Not later than 1 year after the date of 
        enactment of this section, the Commission shall, by rule, 
        require that if an issuer's board of directors or a committee 
        thereof retains an individual adviser or advisory firm in 
        conjunction with negotiating employment contracts or 
        compensation agreements with the issuer's executives, the 
        individual adviser and his or her firm shall be independent of 
        the issuer, its executives and directors, and shall report 
        solely to the board of directors or the committee thereof 
        responsible for executive compensation. The rule shall further 
        require that issuers shall not agree to indemnify or limit the 
        liability of compensation advisers or advisory firms.
            ``(2) Determination.--In determining the extent to which an 
        adviser or advisory firm is independent of an issuer within the 
        meaning of this section, the Commission shall consider such 
        matters as--
                    ``(A) the extent (as measured by annual fees and 
                other relevant metrics) to which an individual adviser 
                or advisory firm provides services in conjunction with 
                negotiating employment contracts or compensation 
                agreements with the issuer's executives, as compared to 
                other services that the adviser or advisory firm 
                provides to the issuer or executives;
                    ``(B) whether individual advisers are permitted to 
                hold equity and do hold equity in the issuer; and
                    ``(C) whether an advisory firm's incentive 
                compensation plan links the compensation of individual 
                advisers to the advisory firm's provision of other 
                services to the issuer.
    ``(c) Clawbacks of Unearned Performance-Based Pay.--
            ``(1) Commission rules.--Not later than 270 days after the 
        date of enactment of this section, the Commission shall, by 
        rule, direct the national securities exchanges and national 
        securities associations to prohibit the listing of any security 
        of an issuer that is not in compliance with the requirements of 
        any portion of paragraph (2). Such rules shall provide for 
        appropriate procedures for an issuer to have an opportunity to 
        cure any defects that would be the basis for such a prohibition 
        before the imposition of such prohibition.
            ``(2) Recoupment of unearned compensation.--An issuer's 
        board of directors or a committee thereof shall develop and 
        disclose a policy for reviewing unearned bonus payments, 
        incentive payments, or equity payments that were awarded to 
        executive officers owing to fraud, financial results that 
        require restatement, or some other cause. The policy should 
        require recovery or cancellation of any unearned payments to 
        the extent that it is feasible and practical to do so.
            ``(3) Exception.--This provision shall not apply to any 
        issuer who is subject to a similar recoupment requirement under 
        another provision of Federal law.
    ``(d) Severance Agreements Tied to Performance.--
            ``(1) Commission rules.--Not later than 270 days after the 
        date of enactment of this section, the Commission shall, by 
        rule, direct the national securities exchanges and national 
        securities associations to prohibit the listing of any security 
        of an issuer that is not in compliance with the requirements of 
        any portion of paragraph (2). Such rules shall provide for 
        appropriate procedures for an issuer to have an opportunity to 
        cure any defects that would be the basis for such a prohibition 
        before the imposition of such prohibition.
            ``(2) Severance agreements tied to performance.--An 
        issuer's board of directors or a committee thereof shall not 
        enter into agreements providing for severance payments to a 
        senior executive officer who is terminated because of poor 
        performance as an executive, as determined by the board of 
        directors. To the extent that an issuer is able to terminate a 
        senior executive officer for cause, poor performance by the 
        executive, as determined by the board of directors, shall be 
        considered as one such cause. The rule shall be implemented 
        with due regard for contracts in existence on the date of 
        enactment of this section.
    ``(e) Improved Disclosure of Compensation Targets.--Not later than 
1 year after the date of enactment of this section, the Commission 
shall, by rule, require additional disclosure of specific performance 
targets that are used by issuers to determine a senior executive 
officer's eligibility for bonuses, equity and incentive compensation. 
The Commission shall consider methods to improve disclosure in 
situations when it is claimed that disclosure would result in 
competitive harm to the issuer, including, requirements that the issuer 
describe its past experience with similar target levels, disclose any 
inconsistencies between compensation targets and targets set in other 
contexts, submit a request for confidential treatment of the 
performance targets under Commission rules, or disclose the data after 
disclosure would no longer be considered competitively harmful.''.

SOLUTION: Shareholder Empowerment Act of 2009 - Amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to prohibit national securities exchanges and associations from listing the securities of any issuer unless, to the extent permitted by state law, such issuer requires: (1) the election of directors who receive the majority of votes in uncontested elections or a plurality of votes in contested elections; and (2) directors who are not reelected to offer to tender their resignations.

Directs the SEC to: (1) require issuers to identify and provide security holders with an opportunity to vote on director candidates who have been nominated by holders of at least 1% of the issuer's voting securities for at least two years, provided security holders have nominated fewer than a majority of the directors then authorized to serve; (2) prohibit brokers from voting securities on an uncontested election to the board of directors without having received specific instructions from the securities' beneficial owners; and (3) requires listed issuers, to the extent possible, to have an independent chairman of their board of directors who has not served as an executive of the issuer.

Requires any proxy or consent or authorization for an annual or other meeting of a securities issuer to permit a separate shareholder vote on executive compensation, though such vote shall not be binding on its board of directors.

Directs the SEC to direct the national securities exchanges and national securities associations to prohibit: (1) issuers from retaining advisors in negotiating executive employment or compensation agreements that are not independent or are protected from liability by such issuers; (2) the listing of issuers that do not have a (clawback) policy of recovering executive payments that were unearned due to fraud, faulty financial statements, or some other cause; and (3) the listing of issuers that provide severance payments to senior executives who are terminated for poor performance.

Directs the SEC to require additional disclosure of specific performance targets issuers use in determining a senior executive's eligibility for bonuses, equity, and incentive compensation.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Forest Foundation 
Conservation Act''.

SEC. 2. AMENDMENTS TO NATIONAL FOREST FOUNDATION ACT.

    (a) Provision of Administrative Support.--Subsection (c) of section 
405 of the National Forest Foundation Act (16 U.S.C. 583j-3) is amended 
to read as follows:
    ``(c) Administrative Assistance.--(1) Subject to such limitations, 
terms, and conditions as the Secretary may establish, the Secretary 
may--
            ``(A) detail personnel of the Department of Agriculture to 
        assist the Foundation; and
            ``(B) provide the Foundation with Department of Agriculture 
        facilities, equipment, supplies, and other administrative 
        services (including Government-contracted transportation and 
        travel services).
    ``(2) Assistance under paragraph (1) may be provided for partial or 
no reimbursement, as the Secretary considers appropriate.''.
    (b) Matching Funds.--
            (1) Extension and expansion of authority; source of 
        funds.--Section 410 of the National Forest Foundation Act (16 
        U.S.C. 583j-8) is amended to read as follows:

``SEC. 410. AVAILABILITY OF FUNDS TO MATCH FOUNDATION CONTRIBUTIONS.

    ``For the purposes of section 405 of this title, during the five-
year period beginning on October 1, 1997, the Secretary may make 
available to the Foundation from benefiting Forest Service 
appropriations up to $5,000,000 each fiscal year to match, on a one-
for-one basis, private contributions made to the Foundation.''.
            (2) Conforming amendments.--Section 405 of the National 
        Forest Foundation Act (16 U.S.C. 583j-3) is amended--
                    (A) by striking subsection (a);
                    (B) in subsection (b)--
                            (i) by striking ``In addition to the 
                        startup funds provided under subsection (a) of 
                        this section, for'' and inserting ``For'';
                            (ii) by striking ``October 1, 1992,'' and 
                        inserting ``October 1, 1997,''; and
                            (iii) by striking ``section 410(b)'' and 
                        inserting ``section 410''; and
                    (C) by redesignating subsections (b) and (c) as 
                subsections (a) and (b), respectively.
            (3) Effect of amendments.--The amendments made by this 
        subsection shall not affect the availability or use of funds 
        made available for fiscal year 1997 under sections 405(b) and 
        410(b) of the National Forest Foundation Act, as in effect on 
        the day before the date of the enactment of this Act.
    (c) Use of Interest and Other Investment Income.--Section 404 of 
the National Forest Foundation Act (16 U.S.C. 583j-2) is amended by 
adding at the end the following new subsection:
    ``(f) Use of Interest and Other Investment Income.--Interest and 
other investment income earned (before, on, or after the date of the 
enactment of this subsection) by the Foundation and its subgrantees on 
Federal funds received from the Secretary under section 405, but not 
immediately disbursed, may be used by the Foundation to carry out the 
purposes of the Foundation under section 402(b).''.
    (d) Exception From Audit Reporting and Compliance Requirements.--
Section 407(a) of the National Forest Foundation Act (16 U.S.C. 583j-
5(a)) is amended by adding at the end the following new sentence: ``A 
subgrantee of the Foundation shall be exempt from the audit reporting 
and compliance requirements of Office of Management and Budget Circular 
A-133 (or any successor administrative regulation or policy) in the 
case of grants of $250,000 or less.''.
    (e) Licensing Use of Symbols; Violations.--Section 404 of the 
National Forest Foundation Act (16 U.S.C. 583j-2) is amended--
            (1) in subsection (d)(3), by inserting ``license,'' after 
        ``lease,''; and
            (2) by inserting after subsection (f), as added by 
        subsection (c) of this section, the following new subsections:
    ``(g) Licensing Use of Symbols.--(1) To further the purposes of the 
Foundation under section 402(b), the Foundation shall have exclusive 
authority to license or authorize persons to use trademarks, 
tradenames, signs, symbols, emblems, insignia, logos, likenesses, or 
slogans to represent, promote, or advertise that an individual, 
company, or particular good or service is an official sponsor or 
supporter of the Forest Service, the National Forest System, or any 
unit thereof. Any license or authorization provided by the Foundation 
under this paragraph shall be subject to the prior written approval of 
the Secretary, who may not delegate this authority.
    ``(2) All net income derived from licenses and authorizations 
provided under paragraph (1) shall be expended by the Foundation in 
accordance with policies and priorities of the Forest Service on 
programs, projects, or activities that benefit the National Forest 
System or the Forest Service, as identified by the Secretary in 
consultation with the Foundation.
    ``(3) Nothing in this subsection shall affect the authority of the 
Secretary under Public Law 93-318 (16 U.S.C. 580p et seq.) relating to 
the name and character of `Smokey Bear', and the name and character of 
`Woodsy Owl'.
    ``(4) The authority provided to the Foundation by paragraph (1) 
shall expire on September 30, 2003.
    ``(h) Violation of Licensing Requirements.--Except as provided in 
subsection (g), no person may use for commercial purposes any 
trademark, tradename, sign, symbol, emblem, insignia, slogan, or 
related artistic design belonging to the Forest Service. Whoever, 
without the authorization of the Foundation under subsection (g), uses 
for purposes of trade, to induce the sale of any good or service, to 
promote any commercial activity, or for other commercial purpose, the 
name of the Foundation or any trademark, tradename, sign, symbol, 
emblem, insignia, logo, likeness, or slogan referred to in subsection 
(g), or any facsimile or simulation thereof tending to cause confusion, 
to cause mistake, to deceive, or to suggest falsely that an individual, 
company, or particular good or service is an official sponsor or 
official supporter of the National Forest System or the Forest Service, 
shall be subject to suit in a civil action by the Foundation for the 
remedies provided in title VI of the Act of July 5, 1946 (commonly 
referred to as the Trademark Act of 1946; 15 U.S.C. 1114 et seq.).''.
    (f) Reporting Requirements.--Section 407 of the National Forest 
Foundation Act (16 U.S.C. 583j-5) is amended by adding at the end the 
following new subsection:
    ``(c) Report on Licensing Activities.--Not later than 5 years after 
the date of the enactment of this subsection, the Secretary shall 
submit to the Committee on Resources of the House of Representatives 
and the Committee on Energy and Natural Resources of the Senate a 
report assessing the cost, effectiveness, and effects of the licensing 
and authorization program established pursuant to section 404(g). The 
report shall include a recommendation regarding the desirability of 
extending the authority provided in such section beyond the expiration 
date specified in paragraph (4) of such section and assessments of the 
effect of such program on--
            ``(1) visitation levels in the National Forest System;
            ``(2) the image of the National Forest System;
            ``(3) achievement of the needs and priorities of the Forest 
        Service;
            ``(4) appropriations for the National Forest System; and
            ``(5) the costs of the Foundation and the Secretary to 
        administer the program.''.

SOLUTION: National Forest Foundation Conservation Act - Amends the National Forest Foundation Act to extend matching fund authority for the National Forest Foundation. 
Authorizes the Foundation to license the use of symbols, trademarks, or logos.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stark Administrative Simplification 
Act of 2017''.

SEC. 2. ALTERNATIVE SANCTIONS FOR TECHNICAL NONCOMPLIANCE WITH STARK 
              RULE UNDER MEDICARE.

    Section 1877 of the Social Security Act (42 U.S.C. 1395nn) is 
amended by adding at the end the following new subsection:
    ``(j) Self-disclosure Protocols.--
            ``(1) In general.--Beginning one year after the date of the 
        enactment of this subsection--
                    ``(A) an entity or individual may voluntarily 
                disclose a compensation arrangement with actual or 
                potential inadvertent technical noncompliance with 
                subsection (a)(1) (as defined in paragraph (3)(H)) 
                pursuant to either the self-referral disclosure 
                protocol (defined in paragraph (2)) or the alternative 
                protocol for technical noncompliance under paragraph 
                (3);
                    ``(B) disclosures voluntarily withdrawn from the 
                alternative protocol for technical noncompliance may be 
                submitted to the self-referral disclosure protocol; and
                    ``(C) an entity that, prior to the establishment of 
                the alternative protocol for technical noncompliance, 
                disclosed to the self-referral disclosure protocol a 
                compensation arrangement that was in inadvertent 
                technical noncompliance with subsection (a)(1), may 
                elect, not later than one year after such alternative 
                protocol is established, to withdraw such disclosure 
                from the self-referral disclosure protocol and instead 
                submit the disclosure to such alternative protocol.
            ``(2) Self-referral disclosure protocol.--The term `self-
        referral disclosure protocol' or `SRDP' means the protocol 
        specified in section 6409 of Public Law 111-148.
            ``(3) Alternative protocol for inadvertant technical 
        noncompliance.--
                    ``(A) In general.--The Secretary shall establish, 
                not later than one year after the date of the enactment 
                of this subsection, an alternative protocol for 
                technical noncompliance (in this subsection referred to 
                as the `APTN') to enable entities to disclose 
                arrangements that were previously in inadvertent 
                technical noncompliance with subsection (a)(1) and, 
                upon the Secretary's acceptance of the disclosure, make 
                payment of a civil monetary penalty. Payment of such 
                civil monetary penalty for an arrangement shall resolve 
                only overpayments due and owing as a result of such 
                arrangement's inadvertent technical noncompliance with 
                subsection (a)(1). The provisions of section 6409 of 
                Public Law 111-148 shall not apply to this subsection.
                    ``(B) Disclosure requirements.--Arrangements 
                disclosed to the APTN must--
                            ``(i) involve only inadvertent technical 
                        noncompliance with subsection (a)(1) that was 
                        ended by termination or expiration of the 
                        arrangement, or by action of the parties to the 
                        arrangement to resolve the technical 
                        noncompliance, prior to the date of submission 
                        of the disclosure to the APTN;
                            ``(ii) be made in the form and manner 
                        specified by the Secretary on the public 
                        Internet website of the Centers for Medicare & 
                        Medicaid Services and include descriptions of--
                                    ``(I) the compensation arrangement 
                                that was in technical noncompliance 
                                with subsection (a)(1);
                                    ``(II) how and when the technical 
                                noncompliance with subsection (a)(1) 
                                was ended or the arrangement was 
                                otherwise terminated; and
                                    ``(III) how the remuneration paid 
                                under the compensation arrangement 
                                being disclosed was--
                                            ``(aa) consistent with the 
                                        fair market value of the items 
                                        and services that were provided 
                                        under the compensation 
                                        arrangement; and
                                            ``(bb) not determined in a 
                                        manner that directly or 
                                        indirectly takes into account 
                                        the volume or value of 
                                        referrals or other business 
                                        generated between the parties;
                            ``(iii) include a form settlement agreement 
                        provided by the Secretary signed by the entity; 
                        and
                            ``(iv) include a certification from the 
                        entity that, to the best of the entity's 
                        knowledge, the information provided is truthful 
                        information and is based on a good faith effort 
                        to bring the matter to the Secretary's 
                        attention.
                    ``(C) Acceptance or rejection of disclosure by the 
                secretary.--The following rules shall apply to the 
                acceptance or rejection of a disclosure under the APTN:
                            ``(i) The Secretary shall accept or reject 
                        a complete, accurate, and timely disclosure.
                            ``(ii) Upon receipt of a disclosure, the 
                        Secretary shall notify the disclosing party of 
                        such receipt.
                            ``(iii) The Secretary may request 
                        additional information from the disclosing 
                        party.
                            ``(iv) Upon acceptance by the Secretary, 
                        the Secretary shall notify the disclosing party 
                        in writing of such acceptance.
                            ``(v) The disclosure shall be rejected if--
                                    ``(I) the disclosing party fails to 
                                furnish the additional information 
                                requested by the Secretary in such form 
                                and manner as the Secretary may 
                                specify; or
                                    ``(II) in the Secretary's sole 
                                determination, the noncompliance 
                                disclosed did not meet the disclosure 
                                requirements specified in subparagraph 
                                (B).
                            ``(vi) The disclosure shall be accepted 
                        if--
                                    ``(I) the Secretary has issued a 
                                written notice to the disclosing party 
                                that the disclosure is determined to 
                                satisfy the requirements for 
                                disclosures under this section; or
                                    ``(II) the disclosure is complete, 
                                accurate, and timely and satisfies each 
                                of the requirements for disclosures 
                                under this section, 180 calendar days 
                                have passed since notification of 
                                receipt by the Secretary of the 
                                disclosure, and the Secretary has not 
                                rejected the disclosure during that 
                                period.
                            ``(vii) In determining whether to accept a 
                        disclosure, the Secretary may reasonably rely 
                        on the information and certifications included 
                        in the disclosure.
                    ``(D) Rule for withdrawal of disclosure.--Prior to 
                acceptance or rejection of a disclosure by the 
                Secretary, an entity may voluntarily withdraw such 
                disclosure from the APTN.
                    ``(E) Civil monetary penalties pursuant to the 
                alternative protocol for technical noncompliance.--
                            ``(i) In general.--Subject to clause (ii), 
                        for each arrangement disclosed under this 
                        subsection and accepted under subparagraph (C), 
                        the Secretary shall impose a single civil 
                        monetary penalty of--
                                    ``(I) $5,000, in the case in which 
                                disclosure of the inadvertant technical 
                                noncompliance with subsection (a)(1) 
                                was submitted to the Secretary not 
                                later than the date that is one year 
                                after the initial date of inadvertent 
                                technical noncompliance with subsection 
                                (a)(1); or
                                    ``(II) $10,000, in the case in 
                                which the disclosure of the inadvertant 
                                technically noncompliance with 
                                subsection (a)(1) was submitted to the 
                                Secretary--
                                            ``(aa) after the date that 
                                        is more than one year after the 
                                        initial date of the entity's 
                                        inadvertent technical 
                                        noncompliance with subsection 
                                        (a)(1); and
                                            ``(bb) not after the date 
                                        that is 3 years (or, in the 
                                        case of a disclosure submitted 
                                        after the 5th year for which 
                                        this subsection applies, the 
                                        date that is 2 years) from the 
                                        initial date of the entity's 
                                        inadvertent technical 
                                        noncompliance with subsection 
                                        (a)(1).
                            ``(ii) Special rule for entities that 
                        disclosed to the aptn after withdrawing a 
                        disclosure from the srdp.--In the case of an 
                        entity that elects under paragraph (1)(C) to 
                        withdraw a disclosure from the self-referral 
                        disclosure protocol (as defined in paragraph 
                        (2)) and instead submit the disclosure to the 
                        APTN under this subsection, in determining the 
                        applicable civil monetary penalty under clause 
                        (i), the date of disclosure to the self-
                        referral disclosure protocol shall be 
                        substituted for the date of disclosure to the 
                        APTN.
                    ``(F) Relation to advisory opinions.--The APTN 
                shall be separate from the advisory opinion process set 
                forth in regulations implementing subsection (g) of 
                this section.
                    ``(G) Publication on internet website of aptn 
                information.--Not later than one year after the date of 
                the enactment of this subsection, the Secretary shall 
                post information on the public Internet website of the 
                Centers for Medicare & Medicaid Services to inform 
                relevant stakeholders of how to disclose and make 
                payment of a civil monetary penalty for inadvertent 
                technical noncompliance with subsection (a)(1).
                    ``(H) Definitions.--In this subsection:
                            ``(i) Technical noncompliance.--The term 
                        `technical noncompliance with subsection 
                        (a)(1)' means, with respect to a compensation 
                        arrangement, that--
                                    ``(I) the arrangement is not signed 
                                by one or more parties to the 
                                arrangement;
                                    ``(II) following the expiration of 
                                the arrangement, the arrangement was a 
                                holdover arrangement for a period 
                                longer than permitted in regulations 
                                issued by the Secretary; or
                                    ``(III) the contemporaneous written 
                                documentation evidencing the terms of 
                                the arrangement identifies the parties 
                                to the arrangement and the items, 
                                services, space, or equipment, as 
                                applicable, but is not sufficient to 
                                satisfy the writing requirement of an 
                                applicable exception.
                            ``(ii) Inadvertent.--The term `inadvertent' 
                        means, with respect to a compensation 
                        arrangement that is in technical noncompliance 
                        with subsection (a)(1), that an entity that is 
                        a party to the compensation arrangement did not 
                        know or should not have known of the 
                        noncompliance.
                    ``(I) Administration.--Chapter 35 of title 44, 
                United States Code, shall not apply to this subsection.
                    ``(J) Implementation.--Notwithstanding any other 
                provision of law, the Secretary may implement the 
                provisions of this paragraph by program instruction or 
                otherwise.''.

SOLUTION:
Stark Administrative Simplification Act of 2017 This bill establishes alternative protocols and sanctions for inadvertent technical noncompliance with the Stark Rule against self-referral under Medicare. "Technical noncompliance" means, with respect to a compensation arrangement, that: (1) the agreement is not signed by one or more parties to the arrangement, (2) the arrangement was a holdover arrangement for a period longer than is allowed by the Centers for Medicare &amp; Medicaid Services, or (3) documentation of the arrangement&nbsp;contains specified identifying information&nbsp;but is otherwise insufficient to satisfy the writing requirement of an applicable exception.