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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Glacier Bay National Park Boundary
Adjustment Act of 1998''.

SEC. 2. LAND EXCHANGE AND WILDERNESS DESIGNATION.

(a) In General.--(1) Subject to conditions set forth in subsection
(c), if the State of Alaska, in a manner consistent with this Act,
offers to transfer to the United States the lands identified in
paragraph (2) in exchange for the lands identified in paragraph (4),
selected from the area described in section 3(b)(1), the Secretary of
the Interior (in this Act referred to as the ''Secretary'') shall
complete such exchange no later than 6 months after the issuance of a
license to Gustavus Electric Company by the Federal Energy Regulatory
Commission (in this Act referred to as ''FERC''), in accordance with
this Act. This land exchange shall be subject to the laws applicable to
exchanges involving lands managed by the Secretary as part of the
National Park System in Alaska and the appropriate process for the
exchange of State lands required by State law.
(2) The lands to be conveyed to the United States by the State of
Alaska shall be determined by mutual agreement of the Secretary and the
State of Alaska. Lands that will be considered for conveyance to the
United States pursuant to the process required by State law are lands
owned by the State of Alaska in the Long Lake area within Wrangell-St.
Elias National Park and Preserve, or other lands owned by the State of
Alaska.
(3) If the Secretary and the State of Alaska have not agreed on
which lands the State of Alaska will convey by a date not later than 6
months after a license is issued pursuant to this Act, the United
States shall accept, within 1 year after a license is issued, title to
land having a sufficiently equal value to satisfy State and Federal
law, subject to clear title and valid existing rights, and absence of
environmental contamination, and as provided by the laws applicable to
exchanges involving lands managed by the Secretary as part of the
National Park System in Alaska and the appropriate process for the
exchange of State lands required by State law. Such land shall be
accepted by the United States, subject to the other provisions of this
Act, from among the following State lands in the priority listed:

copper river meridian

(A) T.6 S., R. 12 E., partially surveyed, Sec. 5, lots 1, 2,
and 3, NE\1/4\, S\1/2\NW\1/4\, and S\1/2\. Containing 617.68 acres,
as shown on the plat of survey accepted June 9, 1922.
(B) T.6 S., R. 11 E., partially surveyed, Sec. 11, lots 1 and
2, NE\1/4\, S\1/2\NW\1/4\, SW\1/4\, and N\1/2\SE\1/4\; Sec. 12;
Sec. 14, lots 1 and 2, NW\1/4\NW\1/4\. Containing 1,191.75 acres,
as shown on the plat of survey accepted June 9, 1922.
(C) T.6 S., R. 11 E., partially surveyed, Sec. 2, NW\1/4\NE\1/
4\ and NW\1/4\. Containing 200.00 acres, as shown on the plat of
survey accepted June 9, 1922.
(D) T.6 S., R. 12 E., partially surveyed, Sec. 6. lots 1
through 10, E\1/2\SW\1/4\ and SE\1/4\. Containing approximately
529.94 acres, as shown on the plat of survey accepted June 9, 1922.
(4) The lands to be conveyed to the State of Alaska by the United
States under paragraph (1) are lands to be designated by the Secretary
and the State of Alaska, consistent with sound land management
principles, based on those lands determined by FERC with the
concurrence of the Secretary and the State of Alaska, in accordance
with section 3(b), to be the minimum amount of land necessary for the
construction and operation of a hydroelectric project.
(5) The time periods set forth for the completion of the land
exchanges described in this Act may be extended as necessary by the
Secretary should the processes of State law or Federal law delay
completion of an exchange.
(6) For purposes of this Act, the term ''land'' means lands,
waters, and interests therein.
(b) Wilderness.--(1) To ensure that this transaction maintains,
within the National Wilderness Preservation System, approximately the
same amount of area of designated wilderness as currently exists, the
following lands in Alaska shall be designated as wilderness in the
priority listed, upon consummation of the land exchange authorized by
this Act and shall be administered according to the laws governing
national wilderness areas in Alaska:
(A) An unnamed island in Glacier Bay National Park lying
southeasterly of Blue Mouse Cove in sections 5, 6, 7, and 8, T. 36
S., R. 54 E., CRM, and shown on United States Geological Survey
quadrangle Mt. Fairweather (D-2), Alaska, containing approximately
789 acres.
(B) Cenotaph Island of Glacier Bay National Park lying within
Lituya Bay in sections 23, 24, 25, and 26, T. 37 S., R. 47 E., CRM,
and shown on United States Geological Survey quadrangle Mt.
Fairweather (C-5), Alaska, containing approximately 280 acres.
(C) An area of Glacier Bay National Park lying in T. 31. S., R.
43 E and T. 32 S., R. 43 E., CRM, that is not currently designated
wilderness, containing approximately 2,270 acres.
(2) The specific boundaries and acreage of these wilderness
designations may be reasonably adjusted by the Secretary, consistent
with sound land management principles, to approximately equal, in sum,
the total wilderness acreage deleted from Glacier Bay National Park and
Preserve pursuant to the land exchange authorized by this Act.
(c) Conditions.--Any exchange of lands under this Act may occur
only if--
(1) following the submission of a complete license application,
FERC has conducted economic and environmental analyses under the
Federal Power Act (16 U.S.C. 791-828) (notwithstanding provisions
of that Act and the Federal regulations that otherwise exempt this
project from economic analyses), the National Environmental Policy
Act of 1969 (42 U.S.C. 4321-4370), and the Fish and Wildlife
Coordination Act (16 U.S.C. 661-666), that conclude, with the
concurrence of the Secretary of the Interior with respect to
subparagraphs (A) and (B), that the construction and operation of a
hydroelectric power project on the lands described in section
3(b)--
(A) will not adversely impact the purposes and values of
Glacier Bay National Park and Preserve (as constituted after
the consummation of the land exchange authorized by this
section);
(B) will comply with the requirements of the National
Historic Preservation Act (16 U.S.C. 470-470w); and
(C) can be accomplished in an economically feasible manner;
(2) FERC held at least one public meeting in Gustavus, Alaska,
allowing the citizens of Gustavus to express their views on the
proposed project;
(3) FERC has determined, with the concurrence of the Secretary
and the State of Alaska, the minimum amount of land necessary to
construct and operate this hydroelectric power project; and
(4) Gustavus Electric Company has been granted a license by
FERC that requires Gustavus Electric Company to submit an
acceptable financing plan to FERC before project construction may
commence, and the FERC has approved such plan.

SEC. 3. ROLE OF FERC.

(a) License Application.--(1) The FERC licensing process shall
apply to any application submitted by Gustavus Electric Company to the
FERC for the right to construct and operate a hydropower project on the
lands described in subsection (b).
(2) FERC is authorized to accept and consider an application filed
by Gustavus Electric Company for the construction and operation of a
hydropower plant to be located on lands within the area described in
subsection (b), notwithstanding section 3(2) of the Federal Power Act
(16 U.S.C. 796(2)). Such application must be submitted within 3 years
after the date of the enactment of this Act.
(3) FERC will retain jurisdiction over any hydropower project
constructed on this site.
(b) Analyses.--(1) The lands referred to in subsection (a) of this
section are lands in the State of Alaska described as follows:

copper river meridian

Township 39 South, Range 59 East, partially surveyed, Section 36
(unsurveyed), SE\1/4\SW\1/4\, S\1/2\SW\1/4\SW\1/4\, NE\1/4\SW\1/4\,
W\1/2\W\1/2\NW\1/4\SE\1/4\, and S\1/2\SE\1/4\NW\1/4\. Containing
approximately 130 acres.
Township 40 South, Range 59 East, partially surveyed, Section 1
(unsurveyed), NW\1/4\, SW\1/4\, W\1/2\SE\1/4\, and SW\1/4\SW\1/4\NE\1/
4\, excluding U.S. Survey 944 and Native allotment A-442; Section 2
(unsurveyed), fractional, that portion lying above the mean high tide
line of Icy Passage, excluding U.S. Survey 944 and U.S. Survey 945;
Section 11 (unsurveyed), fractional, that portion lying above the mean
high tide line of Icy Passage, excluding U.S. Survey 944; Section 12
(unsurveyed), fractional, NW\1/4\NE\1/4\, W\1/2\NW\1/4\SW\1/4\NE\1/4\,
and those portions of NW\1/4\ and SW\1/4\ lying above the mean high
tide line of Icy Passage, excluding U.S. Survey 944 and Native
allotment A-442. Containing approximately 1,015 acres.
(2) Additional lands and acreage will be included as needed in the
study area described in paragraph (1) to account for accretion to these
lands from natural forces.
(3) With the concurrence of the Secretary and the State of Alaska,
the FERC shall determine the minimum amount of lands necessary for
construction and operation of such project.
(4) The National Park Service shall participate as a joint lead
agency in the development of any environmental document under the
National Environmental Policy Act of 1969 in the licensing of such
project. Such environmental document shall consider both the impacts
resulting from licensing and any land exchange necessary to authorize
such project.
(c) Issuance of License.--(1) A condition of the license to
construct and operate any portion of the hydroelectric power project
shall be FERC's approval, prior to any commencement of construction, of
a finance plan submitted by Gustavus Electric Company.
(2) The National Park Service, as the existing supervisor of
potential project lands ultimately to be deleted from the Federal
reservation in accordance with this Act, waives its right to impose
mandatory conditions on such project lands pursuant to section 4(e) of
the Federal Power Act (16 U.S.C. 797(e)).
(3) FERC shall not license or relicense the project, or amend the
project license unless it determines, with the Secretary's concurrence,
that the project will not adversely impact the purposes and values of
Glacier Bay National Park and Preserve (as constituted after the
consummation of the land exchange authorized by this Act).
Additionally, a condition of the license, or any succeeding license, to
construct and operate any portion of the hydroelectric power project
shall require the licensee to mitigate any adverse effects of the
project on the purposes and values of Glacier Bay National Park and
Preserve identified by the Secretary after the initial licensing.
(4) A condition of the license to construct and operate any portion
of the hydroelectric power project shall be the completion, prior to
any commencement of construction, of the land exchange described in
this Act.

SEC. 4. ROLE OF SECRETARY OF THE INTERIOR.

(a) Special Use Permit.--Notwithstanding the provisions of the
Wilderness Act (16 U.S.C. 1133-1136), the Secretary shall issue a
special use permit to Gustavus Electric Company to allow the completion
of the analyses referred to in section 3. The Secretary shall impose
conditions in the permit as needed to protect the purposes and values
of Glacier Bay National Park and Preserve.
(b) Park System.--The lands acquired from the State of Alaska under
this Act shall be added to and administered as part of the National
Park System, subject to valid existing rights. Upon completion of the
exchange of lands under this Act, the Secretary shall adjust, as
necessary, the boundaries of the affected National Park System units to
include the lands acquired from the State of Alaska; and adjust the
boundary of Glacier Bay National Park and Preserve to exclude the lands
transferred to the State of Alaska under this Act. Any such adjustment
to the boundaries of National Park System units resulting from this Act
shall not be charged against any acreage limitations under section
103(b) of Public Law 96-487.
(c) Wilderness Area Boundaries.--The Secretary shall make any
necessary modifications or adjustments of boundaries of wilderness
areas as a result of the additions and deletions caused by the land
exchange referenced in section 2. Any such adjustment to the boundaries
of National Park System units shall not be considered in applying any
acreage limitations under section 103(b) of Public Law 96-487.
(d) Concurrence of the Secretary.--Whenever in this Act the
concurrence of the Secretary is required, it shall not be unlawfully
withheld or unreasonably delayed.

SEC. 5. APPLICABLE LAW.

The authorities and jurisdiction provided in this Act shall
continue in effect until such time as this Act is expressly modified or
repealed by Congress.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.
Glacier Bay National Park Boundary Adjustment Act of 1998 - Provides for: (1) an exchange of specified State lands in Alaska for specified Federal lands to be completed within six months after the issuance of a license to Gustavus Electric Company (GEC) by the Federal Energy Regulatory Commission (FERC) for the construction and operation of a hydroelectric project on such Federal lands; or (2) the exchange of other specified Alaska lands having a sufficiently equal value to satisfy State and Federal law within one year after such license is issued if the Secretary of the Interior and Alaska have not agreed on which lands Alaska will convey within such six-month period.
Designates specified State lands and waters in Alaska as wilderness upon consummation of such exchange to ensure that this transaction maintains approximately the same amount of area of designated wilderness.
Conditions such land exchange on: (1) FERC's having conducted economic and environmental analyses pursuant to the Federal Power Act (FPA), the National Environmental Policy Act of 1969, and the Fish and Wildlife Coordination Act that conclude that the construction and operation of a hydroelectric power project on such lands will not adversely impact the purposes and values of the Glacier Bay National Park and Preserve, will comply with the requirements of the National Historic Preservation Act, and can be accomplished in an economically feasible manner; (2) FERC holding at least one public meeting in Gustavus, Alaska, allowing its citizens to express their views on the proposed project; (3) FERC having determined, with the concurrence of the Secretary and Alaska, the minimum amount of land necessary to construct and operate the project; (4) GEC having been granted a FERC license that requires it to submit an acceptable financing plan to FERC before project construction commences; and (5) FERC approving such plan.
Makes the FERC licensing process applicable to any application submitted by GEC to FERC for the right to construct and operate a hydropower project on specified Alaska lands. Authorizes FERC to accept and consider an application filed by GEC for construction and operation of such a project, notwithstanding FPA provisions, if submitted within three years after this Act's enactment. Provides for FERC to retain jurisdiction over any hydropower project constructed on such site. Sets forth additional provisions regarding issuance of a license for construction or operation of such a project.
(Sec. 4) Directs the Secretary to issue a special use permit to GEC to allow completion of the required analyses. Requires the Secretary to impose conditions in the permit as needed to protect the purposes and values of the Preserve. Requires the lands acquired from Alaska to be added to and administered as part of the National Park System, subject to valid existing rights.
Continues the authorities and jurisdiction provided in this Act until expressly modified or repealed by the Congress.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''American Workforce Improvement and
Jobs Protection Act''.

SEC. 2. EXEMPTING ALIENS EARNING MASTER'S OR HIGHER DEGREE IN UNITED
STATES FROM NUMERICAL LIMITATIONS ON H-1B NONIMMIGRANTS.

Section 214(g) of the Immigration and Nationality Act (8 U.S.C.
1184(g)) is amended by adding at the end the following:
''(9) For any fiscal year, the applicable numerical limitation
contained in paragraph (1)(A) shall not apply to any nonimmigrant alien
issued a visa or otherwise provided status under section
101(a)(15)(H)(i)(b) who has earned a master's or higher degree from an
institution of higher education (as defined in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a))), until the number of
aliens who are exempted from such numerical limitation during such year
exceeds 20,000.''.

SEC. 3. MAKING PERMANENT CERTAIN REQUIREMENTS AND AUTHORITIES WITH
RESPECT TO H-1B NONIMMIGRANTS.

(a) Attestation Requirements.--Section 212(n)(1)(E)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended
by striking ''subparagraph, and before October 1, 2003,'' and inserting
''subparagraph''.
(b) Fee.--Section 214(c)(9)(A) of the Immigration and Nationality
Act (8 U.S.C. 1184(c)(9)(A)) is amended by striking ''before October 1,
2003''.
(c) Department of Labor Investigative Authorities.--Section
413(e)(2) of the American Competitiveness and Workforce Improvement Act
of 1998 (8 U.S.C. 1182 note) is repealed.
(d) Effective Dates.--
(1) Attestation requirements.--The amendment made by
subsection (a) shall apply to applications under section
212(n)(1) of the Immigration and Nationality Act filed on or
after the date that is 30 days after the date of the enactment
of this Act.
(2) Fee.--The amendment made by subsection (b) shall apply
to petitions under section 214(c) of the Immigration and
Nationality Act filed on or after the date that is 30 days
after the date of the enactment of this Act.
(3) Department of labor investigative authority.--The
amendment made by subsection (c) shall take effect on the date
of the enactment of this Act.

SEC. 4. FRAUD PREVENTION AND DETECTION FEE.

(a) Imposition of Fee.--Section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the
following:
''(12)(A) In addition to any other fees authorized by law, the
Secretary of Homeland Security shall impose a fraud prevention and
detection fee on an employer filing a petition under paragraph (1)--
''(i) initially to grant an alien nonimmigrant status
described in subparagraph (H)(i)(b) or (L) of section
101(a)(15); or
''(ii) to obtain authorization for an alien having such
status to change employers.
''(B) In addition to any other fees authorized by law, the
Secretary of State shall impose a fraud prevention and detection fee on
an alien filing an application abroad for a visa authorizing admission
to the United States as a nonimmigrant described in section
101(a)(15)(L), if the alien is covered under a blanket petition
described in paragraph (2)(A).
''(C) The amount of the fee imposed under subparagraph (A) or (B)
shall be $500.
''(D) The fee imposed under subparagraph (A) or (B) shall only
apply to principal aliens and not to the spouses or children who are
accompanying or following to join such principal aliens.
''(E) Fees collected under this paragraph shall be deposited in the
Treasury in accordance with section 286(v).''.
(b) Establishment of Account; Use of Fees.--Section 286 of the
Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at
the end the following:
''(v) H-1B and L Fraud Prevention and Detection Account.--
''(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as the
'H-1B and L Fraud Prevention and Detection Account'.
Notwithstanding any other provision of law, there shall be
deposited as offsetting receipts into the account all fees
collected under section 214(c)(12).
''(2) Use of fees to combat fraud.--
''(A) Secretary of state.--One-third of the amounts
deposited into the H-1B and L Fraud Prevention and
Detection Account shall remain available to the
Secretary of State until expended for programs and
activities at United States embassies and consulates
abroad--
''(i) to increase the number diplomatic
security personnel assigned exclusively to the
function of preventing and detecting fraud by
applicants for visas described in subparagraph
(H)(i) or (L) of section 101(a)(15);
''(ii) otherwise to prevent and detect such
fraud pursuant to the terms of a memorandum of
understanding or other cooperative agreement
between the Secretary of State and the
Secretary of Homeland Security; and
''(iii) upon request by the Secretary of
Homeland Security, to assist such Secretary in
carrying out the fraud prevention and detection
programs and activities described in
subparagraph (B).
''(B) Secretary of homeland security.--One-third of
the amounts deposited into the H-1B and L Fraud
Prevention and Detection Account shall remain available
to the Secretary of Homeland Security until expended
for programs and activities to prevent and detect fraud
with respect to petitions under paragraph (1) or (2)(A)
of section 214(c) to grant an alien nonimmigrant status
described in subparagraph (H)(i) or (L) of section
101(a)(15).
''(C) Secretary of labor.--One-third of the amounts
deposited into the H-1B and L Fraud Prevention and
Detection Account shall remain available to the
Secretary of Labor until expended for enforcement
programs and activities described in section 212(n).
''(D) Consultation.--The Secretary of State, the
Secretary of Homeland Security, and the Secretary of
Labor shall consult one another with respect to the use
of the funds in the H-1B and L Fraud Prevention and
Detection Account.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and the fees imposed
under such amendments shall apply to petitions under section 214(c) of
the Immigration and Nationality Act, and applications for nonimmigrant
visas under section 222 of such Act, filed on or after the date that is
90 days after the date of the enactment of this Act.

SEC. 5. ENSURING INTEGRITY OF VISAS FOR INTRACOMPANY TRANSFEREES.

(a) Nonimmigrant L-1 Visa Category.--
(1) In general.--Section 214(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at
the end the following:
''(F) An alien who will serve in a capacity involving specialized
knowledge with respect to an employer for purposes of section
101(a)(15)(L) and will be stationed primarily at the worksite of an
employer other than the petitioning employer or its affiliate,
subsidiary, or parent shall not be eligible for classification under
section 101(a)(15)(L) if--
''(i) the alien will be controlled and supervised
principally by such unaffiliated employer; or
''(ii) the placement of the alien at the worksite of the
unaffiliated employer is part of an arrangement merely to
provide labor for the unaffiliated employer rather than in
connection with the provision of a product or service for which
specialized knowledge specific to the petitioning employer is
necessary.''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to petitions filed on or after the effective date
of this section, whether for initial, extended, or amended
classification.
(b) Requirement for Prior Continuous Employment for Certain
Intracompany Transferees.--
(1) In general.--Section 214(c)(2)(A) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended by
striking the last sentence (relating to reduction of the 1-year
period of continuous employment abroad to 6 months).
(2) Applicability.--The amendment made by paragraph (1)
shall apply only to petitions for initial classification filed
on or after the effective date of this section.
(c) Maintenance of Statistics.--
(1) In general.--The Secretary of Homeland Security shall
maintain statistics regarding petitions filed, approved,
extended, and amended with respect to nonimmigrants described
in section 101(a)(15)(L) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(15)(L)), including the number of such
nonimmigrants who are classified on the basis of specialized
knowledge and the number of nonimmigrants who are classified on
the basis of specialized knowledge in order to work primarily
at offsite locations.
(2) Applicability.--Paragraph (1) shall apply to petitions
filed on or after the effective date of this section.
(d) Effective Date.--This section and the amendments made by this
section shall take effect 180 days after the date of the enactment of
this Act.
American Workforce Improvement and Jobs Protection Act - Amends the Immigration and Nationality Act to exempt up to 20,000 aliens holding a master's or higher degree from the numerical limitation on H-1B (temporary employment in a specialty occupation) nonimmigrants in any fiscal year.

Makes permanent: (1) the attestation requirement concerning nondisplacement of U.S. workers applicable to H-1B-dependent employers and willful violators; (2) the filing fee applicable to H-1B petitioners; and (3) the Secretary of Labor's authority under the American Competitiveness and Workforce Improvement Act to investigate an employer's alleged failure to meet specified labor attestation conditions (by repealing a sunset provision in that Act).

Requires the Secretary of Homeland Security to impose a fraud prevention and detection fee on H-1B or L (intracompany business personnel) petitioners for use in combating fraud and carrying out labor attestation enforcement activities. Establishes an H-1B and L Fraud Prevention and Detection Account for the deposit of such fees.

Renders ineligible for L visa status those aliens who will serve in a capacity involving specialized knowledge at the worksite of an employer other than the petitioning employer or its affiliate if: (1) the alien will be controlled principally by the unaffiliated employer; or (2) the placement with the unaffiliated employer is part of an arrangement merely to provide labor rather than to use the alien's specialized knowledge.

Eliminates the current reduction in the continuous employment requirement for aliens seeking L visa status pursuant to an employer's blanket petition.

Requires the Secretary of Homeland Security to maintain statistics regarding L visa petitions.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Restoring the Patient's Voice Act of
2017''.

SEC. 2. REQUIRED EXCEPTIONS PROCESS FOR MEDICATION STEP THERAPY
PROTOCOLS.

(a) In General.--The Employee Retirement Income Security Act of
1974 is amended by inserting after section 715 of such Act (29 U.S.C.
1185d) the following new section:

''SEC. 716. REQUIRED EXCEPTIONS PROCESS FOR MEDICATION STEP THERAPY
PROTOCOLS.

''(a) In General.--In the case of a group health plan (or health
insurance coverage offered in connection with such a plan) that
provides coverage of a prescription drug pursuant to a medication step
therapy protocol, the plan or coverage shall--
''(1) implement a clear process for a participant or
beneficiary (or the prescribing health care provider) to
request an exception to such medication step therapy protocol;
and
''(2) if such a request demonstrates through supporting
documentation that any of the circumstances listed in
subsection (b) exists, authorize coverage for the prescription
drug without regard to such medication step therapy protocol.
''(b) Expedited Approval.--The circumstances warranting an
exception to a medication step therapy protocol, pursuant to a request
under subsection (a), are any of the following:
''(1) The treatment otherwise required under the protocol,
or a drug or drugs in the same pharmacological class, are
contraindicated or have been ineffective in the treatment of
the disease or condition of the participant or beneficiary.
''(2) The treatment otherwise required under the protocol
is reasonably expected to be ineffective based upon--
''(A) the known physical or mental characteristics
of the participant or beneficiary, including medical
history; and
''(B) the known characteristics of such treatment.
''(3) The treatment otherwise required under the protocol
will cause or is likely to cause an adverse reaction or other
physical harm to the participant or beneficiary.
''(4) The treatment otherwise required under the protocol
is not in the best interest of the participant or beneficiary,
based on medical necessity, because the participant or
beneficiary's use of such treatment is expected to decrease the
participant or beneficiary's ability--
''(A) to achieve or maintain reasonable and safe
functional ability in performing daily activities or
occupational responsibilities; or
''(B) to adhere to the treatment plan as defined by
the prescribing health care provider.
''(5) The participant or beneficiary is stable for his or
her disease or condition on the prescription drugs selected by
the prescribing health care provider.
''(c) Clear Process.--The process required by subsection (a)(1)
shall make information regarding such process readily available on the
website of the group health plan, including--
''(1) the requirements for requesting an exception to a
medication step therapy protocol pursuant to this section; and
''(2) any necessary forms and contact information.
''(d) Timing for Granting Exception.--The process required by
subsection (a)(1) shall provide for the disposition of requests
received under such paragraph in accordance with the following:
''(1) Such a request shall be granted as quickly as the
disease or condition of the participant or beneficiary
requires, but no later than 3 days after the day of receipt of
the request.
''(2) For circumstances in which the applicable medication
step therapy protocol may seriously jeopardize the life,
health, or ability to regain maximum function of the
participant or beneficiary, such a request shall be granted--
''(A) on an expedited basis; and
''(B) no later than 24 hours after receipt of such
request.
''(e) Medication Step Therapy Protocol.--In this section, the term
'step therapy protocol' means a protocol or program that establishes a
specific sequence in which prescription drugs that--
''(1) are for a specified disease or condition, and
''(2) are medically necessary for a particular patient,
are covered under a pharmacy or medical benefit by a group health plan
or a health insurance issuer offering group or individual health
insurance coverage.''.
(b) Technical Correction; Clerical Change.--The table of contents
in section 1 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.) is amended by inserting after the item relating to
section 714 the following new items:

Sec. 715. Additional market reforms.
Sec. 716. Required exceptions process for medication step therapy
protocols.
(c) Effective Date.--The amendment made by subsection (a) applies
to plan years beginning no sooner than 6 months after the date of
enactment of this Act.
Restoring the Patient's Voice Act of 2017 This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan to establish an exception to medication step-therapy protocol in specified cases. A medication step-therapy protocol establishes a specific sequence in which prescription drugs are covered by a group health plan or a health insurance issuer. To warrant an exception to the protocol, at least one of the following circumstances must be met:(1) the treatment is contraindicated, (2)the treatmentis expected to be ineffective, (3) the treatment will cause or is likely to cause an adverse reaction to the individual, (4) the treatment isexpected to decrease the individual'sability either to performdaily activities or occupational responsibilities or adhere to the treatment plan, or (5) the individual isstable based on the prescription drugs already selected. The bill requiresa grouphealth plan to implement a clear process for an individualto request an exception to the protocol. The process shall be readily available on the website of the group health plan and must list the requirements for a request and any necessary forms and contact information. Requests shall be granted no later than three days after receipt of the request. In certain cases where the life, health, and ability of the individualare jeopardized by the protocol, the request shall be granted no later than 24 hours after receipt of the request.