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 ''Tax Relief Certainty Act of 2011''.

TITLE I--PERMANENT TAX RELIEF

SEC. 101. REPEAL OF EGTRRA SUNSET.

Section 901 of the Economic Growth and Tax Relief Reconciliation
Act of 2001 is repealed.

SEC. 102. REPEAL OF JGTRRA SUNSET.

Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of
2003 is repealed.

SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS.

The Secretary of the Treasury or the Secretary's delegate shall,
not later than 90 days after the date of the enactment of this Act,
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a draft of
any technical and conforming changes in the Internal Revenue Code of
1986 which are necessary to reflect throughout such Code the purposes
of the provisions of, and amendments made by, this Act.

TITLE II--PERMANENT INDIVIDUAL AMT RELIEF

SEC. 201. PERMANENT INDIVIDUAL AMT RELIEF.

(a) Modification of Alternative Minimum Tax Exemption Amount.--
(1) In general.--Paragraph (1) of section 55(d) of the
Internal Revenue Code of 1986 (relating to exemption amount) is
amended to read as follows:
''(1) Exemption amount for taxpayers other than
corporations.--In the case of a taxpayer other than a
corporation, the term 'exemption amount' means--
''(A) the dollar amount for taxable years beginning
in the calendar year as specified in the table
contained in paragraph (4)(A) in the case of--
''(i) a joint return, or
''(ii) a surviving spouse,
''(B) the dollar amount for taxable years beginning
in the calendar year as specified in the table
contained in paragraph (4)(B) in the case of an
individual who--
''(i) is not a married individual, and
''(ii) is not a surviving spouse,
''(C) 50 percent of the dollar amount applicable
under paragraph (1)(A) in the case of a married
individual who files a separate return, and
''(D) $22,500 in the case of an estate or trust.
For purposes of this paragraph, the term 'surviving spouse' has
the meaning given to such term by section 2(a), and marital
status shall be determined under section 7703.''.
(2) Specified exemption amounts.--Section 55(d) of such
Code is amended by adding at the end the following new
paragraph:
''(4) Specified exemption amounts.--
''(A) Taxpayers described in paragraph (1)(A).--For
purposes of paragraph (1))(A)--

------------------------------------------------------------------------
The
''For taxable years beginning in-- exemption
amount is:
------------------------------------------------------------------------
2011....................................................... $74,450
2012....................................................... $78,250
2013....................................................... $81,450
2014....................................................... $85,050
2015....................................................... $88,650
2016....................................................... $92,650
2017....................................................... $96,550
2018....................................................... $100,950
2019....................................................... $105,150
2020....................................................... $109,950
2021....................................................... $112,250.
------------------------------------------------------------------------

''(B) Taxpayers described in paragraph (1)(B).--For
purposes of paragraph (1))(B)--

------------------------------------------------------------------------
The
''For taxable years beginning in-- exemption
amount is:
------------------------------------------------------------------------
2011....................................................... $48,450
2012....................................................... $50,350
2013....................................................... $51,950
2014....................................................... $53,750
2015....................................................... $55,550
2016....................................................... $57,550
2017....................................................... $59,500
2018....................................................... $61,700
2019....................................................... $63,800
2020....................................................... $66,200
2021....................................................... $68,200.''.
------------------------------------------------------------------------

(b) Alternative Minimum Tax Relief for Nonrefundable Credits.--
(1) In general.--Subsection (a) of section 26 of the
Internal Revenue Code of 1986 is amended to read as follows:
''(a) Limitation Based on Amount of Tax.--The aggregate amount of
credits allowed by this subpart for the taxable year shall not exceed
the sum of--
''(1) the taxpayer's regular tax liability for the taxable
year reduced by the foreign tax credit allowable under section
27(a), and
''(2) the tax imposed by section 55(a) for the taxable
year.''.
(2) Conforming amendments.--
(A) Child tax credit.--
(i) Section 24(b) of such Code is amended
by striking paragraph (3).
(ii) Section 24(d)(1) of such Code is
amended--
(I) by striking ''section 26(a)(2)
or subsection (b)(3), as the case may
be,'' each place it appears in
subparagraphs (A) and (B) and inserting
''section 26(a)'', and
(II) by striking ''section 26(a)(2)
or subsection (b)(3), as the case may
be'' in the second last sentence and
inserting ''section 26(a)''.
(B) Credit for interest on certain home
mortgages.--Section 25(e)(1)(C) of such Code is amended
to read as follows:
''(C) Applicable tax limit.--For purposes of this
paragraph, the term 'applicable tax limit' means the
limitation imposed by section 26(a) for the taxable
year reduced by the sum of the credits allowable under
this subpart (other than this section and sections 23,
25D, and 1400C).''.
(C) Savers' credit.--Section 25B of such Code is
amended by striking subsection (g).
(D) Residential energy efficient property.--Section
25D(c) of such Code is amended to read as follows:
''(c) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under this
subpart (other than this section), such excess shall be carried to the
succeeding taxable year and added to the credit allowable under
subsection (a) for such succeeding taxable year.''.
(E) Certain plug-in electric vehicles.--Section
30(c)(2) of such Code is amended to read as follows:
''(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(F) Alternative motor vehicle credit.--Section
30B(g)(2) of such Code is amended to read as follows:
''(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(G) New qualified plug-in electric vehicle
credit.--Section 30D(c)(2) of such Code is amended to
read as follows:
''(2) Personal credit.--For purposes of this title, the
credit allowed under subsection (a) for any taxable year
(determined after application of paragraph (1)) shall be
treated as a credit allowable under subpart A for such taxable
year.''.
(H) Cross references.--Section 55(c)(3) of such
Code is amended by striking ''26(a), 30C(d)(2),'' and
inserting ''30C(d)(2)''.
(I) Foreign tax credit.--Section 904 of such Code
is amended by striking subsection (i) and by
redesignating subsections (j), (k), and (l) as
subsections (i), (j), and (k), respectively.
(J) First-time home buyer credit for the district
of columbia.--Section 1400C(d) of such Code is amended
to read as follows:
''(d) Carryforward of Unused Credit.--If the credit allowable under
subsection (a) exceeds the limitation imposed by section 26(a) for such
taxable year reduced by the sum of the credits allowable under subpart
A of part IV of subchapter A (other than this section and section 25D),
such excess shall be carried to the succeeding taxable year and added
to the credit allowable under subsection (a) for such taxable year.''.
(3) Adoption credit.--
(A) In general.--Section 10909 of the Patient
Protection and Affordable Care Act, and the amendments
made thereby, are repealed; and the Internal Revenue
Code of 1986 shall be applied as if such section, and
amendments, had never been enacted.
(B) Conforming amendments.--
(i) Section 23(b) of the Internal Revenue
Code of 1986, as in effect on December 31,
2009, is amended by striking paragraph (4).
(ii) Section 23(c) of such Code, as in
effect on December 31, 2009, is amended by
striking paragraphs (1) and (2) and inserting
before paragraph (3) the following:
''(1) In general.--If the credit allowable under subsection
(a) for any taxable year exceeds the limitation imposed by
section 26(a) for such taxable year, reduced by the sum of the
credits allowable under this subpart (other than this section
and sections 25D and 1400C), such excess shall be carried to
the succeeding taxable year and added to the credit allowable
under subsection (a) for such taxable year.''.
(iii) Section 23(c) of such Code, as in
effect on December 31, 2009, is amended by
redesignating paragraph (3) as paragraph (2).
(c) Effective Date.--The amendments and the repeal made by this
section shall apply to taxable years beginning after December 31, 2010.

TITLE III--PERMANENT ESTATE TAX RELIEF

SEC. 301. PERMANENT ESTATE TAX RELIEF.

(a) In General.--Title III of the Tax Relief, Unemployment
Insurance Reauthorization, and Job Creation Act of 2010, and the
amendments made thereby, are repealed; and the Internal Revenue Code of
1986 shall be applied as if such title, and amendments, had never been
enacted.
(b) Effective Date.--The repeal made by this section shall apply to
estates of decedents dying, gifts made, and generation skipping
transfers after December 31, 2009.

SOLUTION: Tax Relief Certainty Act of 2011 - Eliminates: (1) the terminating date of the Economic Growth and Tax Relief Reconciliation Act of 2001, thus making the tax relief provisions of such Act permanent; and (2) the terminating date of the Jobs and Growth Tax Relief Reconciliation Act of 2003 applicable to reductions in the tax rate for dividend and capital gain income.

Amends the Internal Revenue Code to: (1) phase-in between 2011 through 2021increases in the exemption amount for the alternative minimum tax (AMT); and (2) make permanent offsets against the AMT for certain nonrefundable tax credits.

Makes permanent the repeal of the estate, gift, and generation-skipping transfer taxes for decedents dying, gifts made, and generation skipping transfers after December 31, 2009.

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 ''Prescription Drug Patient Choice Act
of 1998''.

SEC. 2. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE.

(a) Group Health Plans.--
(1) Public health service act amendments.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:

''SEC. 2706. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE.

''(a) Equity in Provision of Prescription Drug Coverage.--
''(1) In general.--If a group health plan or a health
insurance issuer offering group health insurance coverage
provides for prescription drug coverage only if such drugs are
furnished through providers who are members of a network of
providers who have entered into a contract with the plan or
issuer to provide such drugs, the issuer shall also offer to
enrollees the option of health insurance coverage which
provides for coverage of such drugs which are not furnished
through providers who are members of such network.
''(2) Premiums.--A group health plan or a health insurance
issuer offering group health insurance coverage may not charge
a higher premium, co-payment, or deductible for coverage of
drugs which are furnished through providers who are not members
of a network of providers who have entered into a contract with
the plan or issuer.
''(3) Cost sharing.--Under the option described in
paragraph (1), the health insurance coverage shall provide for
reimbursement rates for prescription coverage offered by
nonparticipating providers that are not less than the
reimbursement rates for prescription coverage offered by
participating pharmacies.
''(b) Construction.--Nothing in this section shall be construed as
preventing a plan or issuer from--
''(1) restricting the drugs for which benefits are provided
under the plan or health insurance coverage, or
''(2) imposing a limitation on the amount of benefits
provided with respect to such coverage or the cost sharing that
may be imposed with respect to such coverage,
so long as such restrictions and limitations are consistent with
subsection (a).
''(c) Notice.--A group health plan under this part shall comply
with the notice requirement under section 713(d) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.''.
(B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is
amended by striking ''section 2704'' and inserting ''sections
2704 and 2706''.
(2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974 is amended by adding at the end the following new section:

''SEC. 713. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE.

''(a) Equity in Provision of Prescription Drug Coverage.--
''(1) In general.--If a group health plan or a health
insurance issuer offering group health insurance coverage
provides for prescription drug coverage only if such drugs are
furnished through providers who are members of a network of
providers who have entered into a contract with the issuer to
provide such drugs, the issuer shall also offer to such
enrollees the option of health insurance coverage which
provides for coverage of such drugs which are not furnished
through providers who are members of such network.
''(2) Premiums.--A group health plan or a health insurance
issuer offering group health insurance coverage may not charge
a higher premium, co-payment, or deductible for coverage of
drugs which are furnished through providers who are not members
of a network of providers who have entered into a contract with
the plan or issuer.
''(3) Cost sharing.--Under the option described in
paragraph (1), the health insurance coverage shall provide for
reimbursement rates for prescription coverage offered by non
participating providers that are not less than the
reimbursement rates for prescription coverage offered by
participating pharmacies.
''(b) Construction.--Nothing in this section shall be construed as
preventing a plan or issuer from--
''(1) restricting the drugs for which benefits are provided
under the plan or health insurance coverage, or
''(2) imposing a limitation on the amount of benefits
provided with respect to such coverage or the cost sharing that
may be imposed with respect to such coverage,
so long as such restrictions and limitations are consistent with
subsection (a).
''(c) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan;
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ''section 711'' and inserting ''sections
711 and 713''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ''section 711'' and inserting ''sections
711 and 713''.
(D) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 712 the
following new item:

''Sec. 713. Equity in provision of prescription drug coverage.''.
(b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2751
the following new section:

''SEC. 2752. EQUITY IN PROVISION OF PRESCRIPTION DRUG COVERAGE.

''(a) In General.--The provisions of section 2706 (other than
subsection (c)) shall apply to health insurance coverage offered by a
health insurance issuer in the individual market in the same manner as
it applies to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small or large
group market.
''(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 713(c) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is
amended by striking ''section 2751'' and inserting ''sections 2751 and
2752''.
(c) Application to Medicare Managed Care Plans.--Subparagraph (B)
of section 1876(c)(4) of the Social Security Act (42 U.S.C.
1395mm(c)(4)) is amended to read as follows:
''(B) meets the requirements of section 2752 of the Public
Health Service Act with respect to individuals enrolled with
the organization under this section.''.
(d) Application to Medicaid Managed Care Plans.--Title XIX of such
Act (42 U.S.C. 1396 et seq.) is amended by inserting after section 1908
the following new section:

''equity in provision of prescription drug coverage

''Sec. 1909. (a) In General.--A State plan may not be approved
under this title, and Federal financial participation not available
under section 1903(a) with respect to such a plan, unless the plan
requires each health insurance issuer or other entity with a contract
with such plan to provide coverage or benefits to individuals eligible
for medical assistance under the plan to comply with the provisions of
section 2752 of the Public Health Service Act with respect to such
coverage or benefits.
''(b) Waivers Prohibited.--The requirement of subsection (a) may
not be waived under section 1115 or section 1915(b) of the Social
Security Act.''.
(e) Medigap and Medicare Select Policies.--Section 1882 of such Act
(42 U.S.C. 1395ss) is amended--
(1) in subsection (s)(2), by adding at the end the
following new subparagraph:
''(E) An issuer of a medicare supplemental policy (as defined in
section 1882(g)) shall comply with the requirements of section 2752 of
the Public Health Service Act with respect to benefits offered under
such policy.''; and
(2) in subsection (t)(1)--
(A) in subparagraph (B), by inserting ''subject to
subparagraph (G),'' after ''(B)'',
(B) by striking ''and'' at the end of subparagraph
(E),
(C) by striking the period at the end of
subparagraph (F) and inserting ''; and'', and
(D) by adding at the end the following new
subparagraph:
''(G) the issuer of the policy complies with the
requirements of section 2752 of the Public Health Service Act
with respect to enrollees under this subsection .''.
(f) FEHBP.--Section 8902 of title 5, United States Code, is amended
by adding at the end the following the following new subsection:
''(o) A contract may not be made or a plan approved which excludes
does not comply with the requirements of section 2752 of the Public
Health Service Act.''.
(g) Effective Dates.--(1)(A) Subject to subparagraph (B), the
amendments made by subsection (a) shall apply with respect to group
health plans for plan years beginning on or after January 1, 1998.
(B) In the case of a group health plan maintained pursuant to 1 or
more collective bargaining agreements between employee representatives
and 1 or more employers that is ratified before the date of enactment
of this Act, the amendments made by subsection (a) shall not apply to
plan years beginning before the later of--
(i) the date on which the last collective bargaining
agreements relating to the plan terminates (determined without
regard to any extension thereof agreed to after the date of
enactment of this Act), or
(ii) January 1, 1998.
For purposes of clause (i), any plan amendment made pursuant to a
collective bargaining agreement relating to the plan which amends the
plan solely to conform to any requirement added by subsection (a) shall
not be treated as a termination of such collective bargaining
agreement.
(2) The amendments made by subsection (b) shall apply with respect
to health insurance coverage offered, sold, issued, renewed, in effect,
or operated in the individual market on or after January 1, 1998.
(3) The amendment made by subsection (c) shall apply to contracts
for contract periods beginning on or after January 1, 1998.
(4) The amendment made by subsection (d) shall apply to Federal
financial participation for State plan expenditures made on or after
January 1, 1998.
(5) The amendments made by subsection (e) shall apply with respect
to medicare supplemental policies and medicare select policies offered,
sold, issued, renewed, in effect, or operated on and after January 1,
1998.
(6) The amendment made by subsection (f) shall apply with respect
to contracts for periods beginning on and after January 1, 1998.
(h) Coordinated Regulations.--Section 104(1) of Health Insurance
Portability and Accountability Act of 1996 is amended by striking
''this subtitle (and the amendments made by this subtitle and section
401)'' and inserting ''the provisions of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974, and the
provisions of parts A and C of title XXVII of the Public Health Service
Act''.

SOLUTION:
Prescription Drug Patient Choice Act of 1998 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan (and a health insurance issuer offering group coverage) that covers prescription drugs when the drugs are furnished through network providers to also offer the option of coverage of prescription drugs when furnished through non-network providers. Prohibits higher premiums, copayments, or deductibles or lower reimbursement for drugs through non-network providers.
Amends the Public Health Service Act to apply the above requirements to issuers in the individual market.
Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require health maintenance organizations, competitive medical plans, State Medicaid plans, issuers of Medicare supplemental policies, and Medicare select policies to meet the requirements of this Act.
Amends Federal law relating to health benefits for Federal employees to require compliance with this Act.