S.Amdt. 4765

SA 4765. Mr. COBURN (for himself, Mr. Burr, Mr. Chambliss, and Mr.
Ensign) submitted an amendment intended to be proposed to amendment SA
4753 proposed by Mr. Reid (for himself and Mr. McConnell) to the bill
H.R. 4853, to amend the Internal Revenue Code of 1986 to extend the
funding and expenditure authority of the Airport and Airway Trust Fund,
to amend title 49, United States Code, to extend authorizations for the
airport improvement program, and for other purposes; which was ordered
to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE IX--RESCISSIONS

SEC. 900. TABLE OF CONTENTS OF TITLE.

The table of contents of this title is as follows:

TITLE IX--RESCISSIONS

Sec. 900. Table of contents of title.

Subtitle A--Rescissions and Elimination of Wasteful Government Programs

Sec. 901. 15 Percent Reduction in appropriations to the Executive
Office of the President and Congress.
Sec. 902. No cost of living adjustment in pay of Members of Congress.
Sec. 903. Freeze on cost of Federal employees (including civilian
employees of the Department of Defense) salaries.
Sec. 904. Reduction in the number of Federal employees.
Sec. 905. Limitation on Government printing costs.
Sec. 906. Limitation of Government travel costs.
Sec. 907. Reduction in Federal vehicle costs.
Sec. 908. Sale of excess Federal property.
Sec. 909. Prohibition on use of Federal funds to pay unemployment
compensation to millionaires.
Sec. 910. Mandatory elimination of duplicative government programs.
Sec. 911. Collection of unpaid taxes from employees of the Federal
Government.
Sec. 912. Ten percent reduction in voluntary contributions to the
United Nations.
Sec. 913. Low-priority construction projects of Corps of Engineers.
Sec. 914. Ten percent reduction in international development and
humanitarian assistance funding.
Sec. 915. Elimination of the Safe and Drug-Free Schools and Communities
program.
Sec. 916. Rescission of amounts for Economic Development
Administration.
Sec. 917. Department of Justice wasteful activities.
Sec. 918. Rescission of amounts for Hollings Manufacturing Partnership
Program and Baldridge Performance Excellence Program.
Sec. 919. Fossil fuel applied research.
Sec. 920. Corporation for Public Broadcasting.
Sec. 921. Fifteen percent reduction in fiscal year 2011 funding for the
Department of Defense for procurement.
Sec. 922. Ten percent reduction in fiscal year 2011 funding for the
Department of Defense for research, development, test,
and evaluation.
Sec. 923. Reduction in Department of Defense spending in support of
military installations.
Sec. 924. Rescission of Diplomatic and Consular Programs funding.
Sec. 925. Elimination of program to pay institutions of higher
education for administrative expenses relating to student
aid program.
Sec. 926. Elimination of grants to large and medium hub airports under
airport improvement program.
Sec. 927. Consolidate all Federal Fire Management Programs and reducing
funding by 10 percent.
Sec. 928. High-energy cost grant program.
Sec. 929. Resource conservation and development programs.
Sec. 930. Repeal of LEAP.
Sec. 931. Elimination of the B.J. Stupak Olympic Scholarships program.
Sec. 932. Repeal of Robert C. Byrd Honors Scholarship Program.
Sec. 933. Elimination of the Historic Whaling and Trading Partners
program.
Sec. 934. Elimination of the Underground Railroad educational and
cultural program.
Sec. 935. Brownfields economic development initiative.
Sec. 936. Election reform grants.
Sec. 937. Election Assistance Commission.
Sec. 938. Emergency operations center grant program.
Sec. 939. Elimination of health care facilities and construction
program.
Sec. 940. High priority surface transportation projects.
Sec. 941. Save America's Treasures Program; Preserve America Program.
Sec. 942. Targeted water infrastructure grants.
Sec. 943. National Park Service Challenge Cost Share Program.
Sec. 944. Termination of the Constellation Program of the National
Aeronautics and Space Administration.

[[Page S8860]]

Sec. 945. Delta health initiative.
Sec. 946. Department of Agriculture health care services grant program.
Sec. 947. Elimination of loan repayment for civil legal assistance
attorneys.
Sec. 948. Targeted air shed grant program.
Sec. 949. Requiring transparency and ensuring no special treatment for
the AARP or AMA.

Subtitle B--Fighting Fraud and Abuse to Save Taxpayers' Dollars

Sec. 960. Findings.
Sec. 961. Tracking excluded providers across State lines.
Sec. 962. Access for private sector and governmental entities.
Sec. 963. Liability of Medicare administrative contractors for claims
submitted by excluded providers.
Sec. 964. Limiting the discharge of debts in bankruptcy proceedings in
cases where a health care provider or a supplier engages
in fraudulent activity.
Sec. 965. Prevention of waste, fraud, and abuse in the Medicaid and
CHIP programs.
Sec. 966. Illegal distribution of a Medicare, Medicaid, or CHIP
beneficiary identification or billing privileges.
Sec. 967. Pilot program for the use of universal product numbers on
claim forms for reimbursement under the Medicare program.
Sec. 968. Prohibition of inclusion of social security account numbers
on Medicare cards.
Sec. 969. Implementation.

Subtitle A--Rescissions and Elimination of Wasteful Government Programs

SEC. 901. 15 PERCENT REDUCTION IN APPROPRIATIONS TO THE
EXECUTIVE OFFICE OF THE PRESIDENT AND CONGRESS.

(a) Rescissions.--
(1) In general.--There is rescinded an amount equal to 15
percent of the budget authority provided for any
discretionary account in appropriations to the Legislative
Branch for fiscal year 2011.
(2) Proportionate application.--Any rescission made by
paragraph (1) shall be applied proportionately--
(A) to each discretionary account and each item of budget
authority described in such paragraph; and
(B) within each such account and item, to each program,
project, and activity (with programs, projects, and
activities as delineated in the appropriation Act or
accompanying reports for the relevant fiscal year covering
such account or item, or for accounts and items not included
in appropriation Acts, as delineated in the most recently
submitted President's budget).
(3) Exception.--This subsection shall not apply to
appropriations under the heading ``CAPITOL POLICE''.
(4) Administration of across-the-board reductions.--In the
administration of paragraph (1), with respect to the budget
authority provided under the heading ``SENATE'' in--
(A) the percentage rescissions under paragraph (1) shall
apply to the total amount of all funds appropriated under
that heading; and
(B) the rescissions may be applied without regard to
paragraph (2).
(b) Appropriations to the Executive Office of the
President.--Notwithstanding any other provision of law, the
total amount of funds appropriated to the appropriations
account under the heading under the heading ``EXECUTIVE
OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT'' for each of fiscal years 2012 and 2013 may not
exceed the total amount of funds appropriated to that account
for fiscal year 2011 after application of the rescission
under subsection (a).
(c) Appropriations to Congress.--Notwithstanding any other
provision of law, the total amount of funds appropriated
under the headings ``SENATE'' and ``HOUSE OF
REPRESENTATIVES'' for each of fiscal years 2012 and 2013 may
not exceed the total amount of funds appropriated under those
headings for fiscal year 2011 after application of the
rescission under subsection (a).

SEC. 902. NO COST OF LIVING ADJUSTMENT IN PAY OF MEMBERS OF
CONGRESS.

Notwithstanding any other provision of law, no adjustment
shall be made under section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 31) (relating to cost of
living adjustments for Members of Congress) during fiscal
years 2012, 2013, and 2014.

SEC. 903. FREEZE ON COST OF FEDERAL EMPLOYEES (INCLUDING
CIVILIAN EMPLOYEES OF THE DEPARTMENT OF
DEFENSE) SALARIES.

Notwithstanding any other provision of law, the total
amount of funds expended on salaries for civilian employees
of the Federal Government, including civilian employees of
the Department of Defense, for fiscal year 2011, fiscal year
2012, and fiscal year 2013 shall not exceed the total costs
for such salaries in fiscal year 2010: Provided, That the
amounts spent on salaries of members of the armed forces are
exempt from the provisions of this subsection: Provided
further, That nothing in this subsection prohibits an
employee from receiving an increase in salary or other
compensation so long as such an increase does not increase an
agency's net expenditures for employee salaries.

SEC. 904. REDUCTION IN THE NUMBER OF FEDERAL EMPLOYEES.

(a) Definition.--In this section, the term ``agency'' means
an executive agency as defined under section 105 of title 5,
United States Code.
(b) Determination of Number of Employees.--Not later than
60 days after the date of enactment of this Act, the Director
of the Office of Management and Budget shall determine the
number of full-time employees employed in each agency. The
head of each agency shall cooperate with the Director of the
Office of Management and Budget in making the determinations.
(c) Reductions.--Notwithstanding any other provision of
law, the head of each agency shall take such actions as
necessary, including a reduction in force under sections 3502
and 3595 of title 5, United States Code, to reduce the number
of full-time employees employed in that agency as determined
under subsection (b) by 10 percent not later than October 1,
2020.
(d) Replacement Hire Rate.--In implementing subsection (c),
the head of each agency may hire no more than 2 employees in
that agency for every 3 employees who leave employment in
that agency during any fiscal year.

SEC. 905. LIMITATION ON GOVERNMENT PRINTING COSTS.

Not later than 180 days after the date of enactment of this
Act, the Director of the Office of Management and Budget
shall coordinate with the heads of Federal departments and
independent agencies to--
(a) determine which Government publications could be
available on Government websites and no longer printed and to
devise a strategy to reduce overall Government printing costs
over the 10-year period beginning with fiscal year 2011,
except that the Director shall ensure that essential printed
documents prepared for social security recipients, medicare
beneficiaries, and other populations in areas with limited
internet access or use continue to remain available;
(b) establish government-wide Federal guidelines on
employee printing;
(c) issue on the Office of Management and Budget's public
website the results of a cost-benefit analysis on
implementing a digital signature system and on establishing
employee printing identification systems, such as the use of
individual employee cards or codes, to monitor the amount of
printing done by Federal employees; except that the Director
of the Office of Management and Budget shall ensure that
Federal employee printing costs unrelated to national
defense, homeland security, border security, national
disasters, and other emergencies do not exceed $860,000,000
annually; and
(d) issue guidelines requiring every department, agency,
commission or office to list at a prominent place near the
beginning of each publication distributed to the public and
issued or paid for by the Federal Government--
(1) the name of the issuing agency, department, commission
or office;
(2) the total number of copies of the document printed;
(3) the collective cost of producing and printing all of
the copies of the document; and
(4) the name of the firm publishing the document.

SEC. 906. LIMITATION OF GOVERNMENT TRAVEL COSTS.

(a) In General.--Within 60 days after the date of enactment
of this Act, the Director of the Office of Management and
Budget, in consultation with the heads of the Federal
departments and agencies, shall establish a definition of
``nonessential travel'' and criteria to determine if travel-
related expenses and requests by Federal employees meet the
definition of ``nonessential travel''. No travel expenses
paid for, in whole or in part, with Federal funds shall be
paid by the Federal Government unless a request is made prior
to the travel and the requested travel meets the criteria
established by this section. Any travel request that does not
meet the definition and criteria shall be disallowed,
including reimbursement for air flights, automobile rentals,
train tickets, lodging, per diem, and other travel-related
costs. The definition established by the Director of the
Office of Management and Budget may include exemptions in the
definition, including travel related to national defense,
homeland security, border security, national disasters, and
other emergencies. The Director of the Office of Management
and Budget shall ensure that all travel costs paid for in
part or whole by the Federal Government not related to
national defense, homeland security, border security,
national disasters, and other emergencies do not exceed
$5,000,000,000 annually.
(b) Rescissions.--
(1) Definitions.--In this subsection--
(A) the term ``agency''--
(i) means an executive agency as defined under section 105
of title 5, United States Code; and
(ii) does not include the Department of Defense; and
(B) the term ``travel expense amount'' means, with respect
to each agency, an amount equal to 20 percent of all funds
expended by that agency on travel expenses during fiscal year
2010.
(2) In general.--There is rescinded a travel expense amount
from appropriations made for fiscal year 2011 in each agency
appropriations account providing for travel expenses.
(3) Freeze.--Notwithstanding any other provision of law,
the total amount of funds appropriated to the appropriations
account

[[Page S8861]]

providing for travel expenses for each agency for each of
fiscal years 2012 and 2013 may not exceed the total amount of
funds appropriated to that account for fiscal year 2011 after
application of the rescission under paragraph (2).

SEC. 907. REDUCTION IN FEDERAL VEHICLE COSTS.

Notwithstanding any other provision of law--
(a) of the amounts made available to the General Services
Administration for the acquisition of new vehicles for the
Federal fleet for fiscal year 2011 and remaining unobligated
as of the date of enactment of this Act, an amount equal to
20 percent of all such amounts is rescinded;
(b) for fiscal year 2012 and each fiscal year thereafter--
(1) the amount made available to the General Services
Administration for the acquisition of new vehicles for the
Federal fleet shall not exceed an amount equal to 80 percent
of the amount made available for the acquisition of those
vehicles for fiscal year 2011 (before application of
subsection (a)); and
(2) the number of new vehicles acquired by the General
Services Administration for the Federal fleet shall not
exceed a number equal to 50 percent of the vehicles so
acquired for fiscal year 2011; and
(c) any amounts made available under Public Law 111-5 for
the acquisition of new vehicles for the Federal fleet shall
be disregarded by for purposes of determining the baseline.

SEC. 908. SALE OF EXCESS FEDERAL PROPERTY.

(a) In General.--Chapter 5 of subtitle I of title 40,
United States Code, is amended by adding at the end the
following:

``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY

``Sec. 621. Definitions

``In this subchapter:
``(1) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(2) Landholding agency.--The term `landholding agency'
means a landholding agency (as defined in section 501(i) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11411(i))).
``(3) Real property.--
``(A) In general.--The term `real property' means--
``(i) a parcel of real property under the administrative
jurisdiction of the Federal Government that is--

``(I) excess;
``(II) surplus;
``(III) underperforming; or
``(IV) otherwise not meeting the needs of the Federal
Government, as determined by the Director; and

``(ii) a building or other structure located on real
property described in clause (i).
``(B) Exclusion.--The term `real property' excludes any
parcel of real property, and any building or other structure
located on real property, that is to be closed or realigned
under the Defense Authorization Amendments and Base Closure
and Realignment Act (10 U.S.C. 2687 note; Public Law 100-
526).

``Sec. 622. Disposal program

``(a) In General.--Except as provided in subsection (e),
the Director shall, by sale or auction, dispose of a quantity
of real property with an aggregate value of not less than
$15,000,000,000 that, as determined by the Director, is not
being used, and will not be used, to meet the needs of the
Federal Government for the period of fiscal years 2010
through 2015.
``(b) Recommendations.--The head of each landholding agency
shall recommend to the Director real property for disposal
under subsection (a).
``(c) Selection of Properties.--After receiving
recommendations of candidate real property under subsection
(b), the Director--
``(1) with the concurrence of the head of each landholding
agency, may select the real property for disposal under
subsection (a); and
``(2) shall notify the recommending landholding agency head
of the selection of the real property.
``(d) Website.--The Director shall ensure that all real
properties selected for disposal under this section are
listed on a website that shall--
``(1) be updated routinely; and
``(2) include the functionality to allow any member of the
public, at the option of the member, to receive updates of
the list through electronic mail.
``(e) Transfer of Property.--The Director may transfer real
property selected for disposal under this section to the
Department of Housing and Urban Development if the Secretary
of Housing and Urban Development determines that the real
property is suitable for use in assisting the homeless.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 5 of subtitle I of title 40, United
States Code, is amended by inserting after the item relating
to section 611 the following:

``subchapter vii--expedited disposal of real property

``Sec. 621. Definitions.
``Sec. 622. Disposal program.''.

SEC. 909. PROHIBITION ON USE OF FEDERAL FUNDS TO PAY
UNEMPLOYMENT COMPENSATION TO MILLIONAIRES.

(a) Prohibition.--Notwithstanding any other provision of
law, no Federal funds may be used to make payments of
unemployment compensation (including such compensation under
the Federal-State Extended Compensation Act of 1970 and the
emergency unemployment compensation program under title IV of
the of the Supplemental Appropriations Act, 2008) in a year
to an individual whose resources in the preceding year was
equal to or greater than $1,000,000. For purposes of the
preceding sentence, with respect to a year, an individual's
resources shall be determined in the same manner as a subsidy
eligible individual's resources are determined for the year
for purposes of the Medicare part D drug benefit under
section 1860D-14(a)(3)(E) of the Social Security Act (42
U.S.C. 1395w-114(a)(3)(E)).
(b) Effective Date.--The prohibition under subsection (a)
shall apply to weeks of unemployment beginning on or after
January 1, 2011.

SEC. 910. MANDATORY ELIMINATION OF DUPLICATIVE GOVERNMENT
PROGRAMS.

(a) Reducing Duplication.--The Director of the Office of
Management Budget and the Secretary of each Federal
Government agency (and the head of each independent agency)
shall work with the Chairman and ranking member of the
relevant congressional appropriations subcommittees and the
congressional authorizing committees and the Director of the
Office of Management Budget to consolidate programs with
duplicative goals, missions, and initiatives.
(b) OMB Report.--Within 120 days after the date of
enactment of this section, the Director of the Office of
Management and Budget shall submit to Congress a list of
programs with duplicative goals, missions, and initiatives
with recommendations for consolidation or elimination.
(c) Failure to Act.--If Congress takes no action to address
the recommendations submitted in subsection (b) within 60
days, Secretary of each Federal Government agency and the
head of each independent agency shall carry out the
recommendations as submitted to Congress.

SEC. 911. COLLECTION OF UNPAID TAXES FROM EMPLOYEES OF THE
FEDERAL GOVERNMENT.

(a) In General.--Chapter 73 of title 5, United States Code,
is amended by adding at the end the following:

``SUBCHAPTER VIII--COLLECTION OF UNPAID TAXES FROM EMPLOYEES OF THE
FEDERAL GOVERNMENT

``Sec. 7381. Collection of unpaid taxes from employees of the
Federal Government

``(a) Definitions.--For purposes of this section--
``(1) the term `seriously delinquent tax debt' means an
outstanding debt under the Internal Revenue Code of 1986 for
which a notice of lien has been filed in public records
pursuant to section 6323 of such Code, except that such term
does not include--
``(A) a debt that is being paid in a timely manner pursuant
to an agreement under section 6159 or section 7122 of such
Code; and
``(B) a debt with respect to which a collection due process
hearing under section 6330 of such Code, or relief under
subsection (a), (b), or (f) of section 6015 of such Code, is
requested or pending; and
``(2) the term `Federal employee' means--
``(A) an employee, as defined by section 2105; and
``(B) an employee of the United States Congress, including
Members of the House of Representatives and Senators.
``(b) Collection of Unpaid Taxes.--The Internal Revenue
Service shall coordinate with the Department of Treasury and
the hiring agency of a Federal employee who has a seriously
delinquent tax debt to collect such taxes by withholding a
portion of the employee's salary over a period set by the
hiring agency to ensure prompt payment.''.
(b) Clerical Amendment.--The analysis for chapter 73 of
title 5, United States Code, is amended by adding at the end
the following:

``subchapter viii--collection of unpaid taxes from employees of the
federal government

``Sec. 7381. Collection of unpaid taxes from employees of the Federal
Government.''.

SEC. 912. TEN PERCENT REDUCTION IN VOLUNTARY CONTRIBUTIONS TO
THE UNITED NATIONS.

Notwithstanding any other provision of law, of the funds
appropriated or otherwise made available for fiscal year
2011, voluntary contributions to the United Nations paid by
the United States shall not exceed an amount that is 10
percent less than the amount provided in fiscal year 2010.

SEC. 913. LOW-PRIORITY CONSTRUCTION PROJECTS OF CORPS OF
ENGINEERS.

(a) Termination of Authority.--The authority to carry out
low-priority construction projects of the Corps of Engineers
is terminated.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for low-priority
construction projects of the Corps of Engineers that remain
unobligated as of the date of enactment of this Act are
rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the projects referred to in paragraph (1)
shall be expended, other than such amounts as are necessary
to cover costs incurred in terminating ongoing projects
described in paragraph (1), as determined by the Secretary of
the Army, in consultation with other appropriate Federal
agencies.

[[Page S8862]]

SEC. 914. TEN PERCENT REDUCTION IN INTERNATIONAL DEVELOPMENT
AND HUMANITARIAN ASSISTANCE FUNDING.

Notwithstanding any other provision of law, of the funds
appropriated or otherwise made available for fiscal year
2011, international development and humanitarian assistance
expenditures of the United States shall not exceed an amount
that is 10 percent less than the amount provided in fiscal
year 2010.

SEC. 915. ELIMINATION OF THE SAFE AND DRUG-FREE SCHOOLS AND
COMMUNITIES PROGRAM.

(a) Repeal.--Part A of title IV of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is
repealed.
(b) Recision of Funds.--Notwithstanding any other provision
of law, all unobligated balances held by the Secretary of
Education for the Safe and Drug-Free Schools and Communities
Program under part A of title IV of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.), as
in effect on the day before the date of enactment of this
Act, are rescinded and no funds appropriated hereafter for
such activities shall be expended, except as determined
necessary or essential by such Secretary, in consultation
with the appropriate Federal agencies.

SEC. 916. RESCISSION OF AMOUNTS FOR ECONOMIC DEVELOPMENT
ADMINISTRATION.

Notwithstanding any other provision of law--
(1) all amounts made available for programs, activities,
and grants of the Economic Development Administration that
remain unobligated as of the date of enactment of this Act
are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the programs, activities, and grants referred
to in paragraph (1) shall be expended, other than such
amounts as are necessary to cover costs incurred in
terminating such programs, activities, and grants, as
determined by the Secretary of Commerce, in consultation with
other appropriate Federal agencies.

SEC. 917. DEPARTMENT OF JUSTICE WASTEFUL ACTIVITIES.

Notwithstanding any other provision of law, 5 percent of
all unobligated balances held by the Attorney General as of
the date of enactment of this Act are rescinded to eliminate
wasteful activities of the Department of Justice.

SEC. 918. RESCISSION OF AMOUNTS FOR HOLLINGS MANUFACTURING
PARTNERSHIP PROGRAM AND BALDRIDGE PERFORMANCE
EXCELLENCE PROGRAM.

Notwithstanding any other provision of law--
(1) all amounts made available for the Hollings
Manufacturing Partnership Program and the Baldridge
Performance Excellence Program that remain unobligated as of
the date of enactment of this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the programs referred to in paragraph (1)
shall be expended, other than such amounts as are necessary
to cover costs incurred in terminating ongoing projects and
activities under such programs, as determined by the
Secretary of Commerce, in consultation with other appropriate
Federal agencies.

SEC. 919. FOSSIL FUEL APPLIED RESEARCH.

(a) Termination of Authority.--The authority of the
Secretary of Energy to carry out fossil fuel applied research
is terminated.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for fossil fuel applied
research described in subsection (a) that remain unobligated
as of the date of enactment of this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for research referred to in paragraph (1) shall
be expended, other than such amounts as are necessary to
cover costs incurred in terminating ongoing research
described in paragraph (1), as determined by the Secretary of
Energy, in consultation with other appropriate Federal
agencies.

SEC. 920. CORPORATION FOR PUBLIC BROADCASTING.

Notwithstanding any other provision of law, the portion of
all unobligated balances held by the Corporation for Public
Broadcasting that consists of Federal funds are rescinded and
no Federal funds appropriated hereafter for the Corporation
for Public Broadcasting shall be obligated or expended by
such Corporation.

SEC. 921. FIFTEEN PERCENT REDUCTION IN FISCAL YEAR 2011
FUNDING FOR THE DEPARTMENT OF DEFENSE FOR
PROCUREMENT.

Notwithstanding any other provision of law, the amount
available to the Department of Defense for fiscal year 2011
for procurement is the amount equal to the aggregate amount
otherwise authorized to be appropriated to the Department for
that fiscal year for procurement minus an amount equal to 15
percent of such aggregate amount.

SEC. 922. TEN PERCENT REDUCTION IN FISCAL YEAR 2011 FUNDING
FOR THE DEPARTMENT OF DEFENSE FOR RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION.

Notwithstanding any other provision of law, the amount
available to the Department of Defense for fiscal year 2011
for research, development, test, and evaluation is the amount
equal to the aggregate amount otherwise authorized to be
appropriated to the Department for that fiscal year for
research, development, test, and evaluation minus an amount
equal to 10 percent of such aggregate amount.

SEC. 923. REDUCTION IN DEPARTMENT OF DEFENSE SPENDING IN
SUPPORT OF MILITARY INSTALLATIONS.

The Secretary of Defense shall reduce the amount obligated
or expended in support of military installations through the
reduction or elimination of waste, fraud, and abuse
attributable to programs and activities related to such
support.

SEC. 924. RESCISSION OF DIPLOMATIC AND CONSULAR PROGRAMS
FUNDING.

Ten percent of the funds appropriated or otherwise made
available to the Secretary of State for diplomatic and
consular programs and available for obligation as of the date
of the enactment of this Act is hereby rescinded.

SEC. 925. ELIMINATION OF PROGRAM TO PAY INSTITUTIONS OF
HIGHER EDUCATION FOR ADMINISTRATIVE EXPENSES
RELATING TO STUDENT AID PROGRAM.

(a) Repeal.--Section 489 of the Higher Education Act of
1965 (20 U.S.C. 1096) is repealed.
(b) Recession.--Notwithstanding any other provision of law,
all unobligated balances held by the Secretary of Education
for payments to institutions of higher education under
section 489 of the Higher Education Act of 1965 (20 U.S.C.
1096), as in effect on the day before the date of enactment
of this Act, are rescinded and no funds appropriated
hereafter for such payments shall be expended, except as
determined necessary or essential by such Secretary, in
consultation with the appropriate Federal agencies.

SEC. 926. ELIMINATION OF GRANTS TO LARGE AND MEDIUM HUB
AIRPORTS UNDER AIRPORT IMPROVEMENT PROGRAM.

Notwithstanding any provision of subchapter I of chapter
471 of title 49, United States Code, or any other provision
of law--
(1) no large hub airport or medium hub airport (as those
terms are defined in section 47102 of such title) may receive
a grant under the airport improvement program under such
subchapter;
(2) all amounts made available for grants to large hub
airports or medium hub airports under the airport improvement
program that remain unobligated as of the date of the
enactment of this Act are rescinded; and
(3) no amounts made available after the date of the
enactment of this Act for grants to large hub airports or
medium hub airports under the airport improvement program
shall be obligated or expended, other than such amounts as
are necessary to cover costs incurred in terminating ongoing
projects and activities under that program, as determined by
the Secretary of Transportation, in consultation with other
appropriate Federal agencies.

SEC. 927. CONSOLIDATE ALL FEDERAL FIRE MANAGEMENT PROGRAMS
AND REDUCING FUNDING BY 10 PERCENT.

(a) Consolidation.--Notwithstanding any other provision of
law, the Secretary of Homeland Security shall consolidate all
fire management programs carried out under laws administered
by the Secretary.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) of amounts made available for programs consolidated
under subsection (a), the lesser of 10 percent of such
amounts, on the one hand, and the amount of such amounts that
remain unobligated as of the date of enactment of this Act,
on the other hand, are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the programs referred to in paragraph (1)
shall be expended, other than such amounts as are necessary
to cover costs incurred in terminating or reducing ongoing
projects and activities under such programs, as determined by
the Secretary of Homeland Security, in consultation with
other appropriate Federal agencies.

SEC. 928. HIGH-ENERGY COST GRANT PROGRAM.

(a) Repeal.--Section 19 of the Rural Electrification Act of
1936 (7 U.S.C. 918a) is repealed.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for the program carried out
under section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a) (as in existence on the day before the date of
enactment of this Act) that remain unobligated as of the date
of enactment of this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the program referred to in paragraph (1)
shall be expended, other than such amounts as are necessary
to cover costs incurred in terminating the program described
in paragraph (1), as determined by the Secretary of
Agriculture, in consultation with other appropriate Federal
agencies.

SEC. 929. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAMS.

(a) Termination of Authority.--The authority to carry out
the resource conservation and development program of the
Natural Resources Conservation Service of the Department of
Agriculture is terminated.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for the resource
conservation and development program of the Natural Resources
Conservation

[[Page S8863]]

Service of the Department of Agriculture (as in existence on
the day before the date of enactment of this Act) that remain
unobligated as of the date of enactment of this Act are
rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the program referred to in paragraph (1)
shall be expended, other than such amounts as are necessary
to cover costs incurred in terminating ongoing projects and
activities under that program, as determined by the Secretary
of Agriculture, in consultation with other appropriate
Federal agencies.

SEC. 930. REPEAL OF LEAP.

(a) Repeal of LEAP.--Subpart 4 of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070c) is repealed.
(b) Recession.--Notwithstanding any other provision of law,
all unobligated balances held by the Secretary of Education
for the Leveraging Educational Assistance Partnership Program
under subpart 4 of part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070c), as in effect on the day before
the date of enactment of this Act, are rescinded and no funds
appropriated hereafter for such program shall be expended,
except as determined necessary or essential by such
Secretary, in consultation with the appropriate Federal
agencies.

SEC. 931. ELIMINATION OF THE B.J. STUPAK OLYMPIC SCHOLARSHIPS
PROGRAM.

(a) Repeal.--Section 1543 of the Higher Education
Amendments of 1992 (20 U.S.C. 1070 note) is repealed.
(b) Elimination of Funding.--Notwithstanding any other
provision of law, all unobligated balances held by the
Secretary of Education for the B.J. Stupak Olympic
Scholarships program under section 1543 of the Higher
Education Amendments of 1992 (20 U.S.C. 1070 note), as in
effect on the day before the date of enactment of this Act,
are rescinded and no funds appropriated hereafter for such
activities shall be expended, except as determined necessary
or essential by such Secretary, in consultation with the
appropriate Federal agencies.

SEC. 932. REPEAL OF ROBERT C. BYRD HONORS SCHOLARSHIP
PROGRAM.

(a) Repeal of LEAP.--Subpart 6 of part A of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070c) is repealed.
(b) Recession.--Notwithstanding any other provision of law,
all unobligated balances held by the Secretary of Education
for the Robert C. Byrd Honors Scholarship Program under
subpart 6 of part A of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070c), as in effect on the day before the
date of enactment of this Act, are rescinded and no funds
appropriated hereafter for such program shall be expended,
except as determined necessary or essential by such
Secretary, in consultation with the appropriate Federal
agencies.

SEC. 933. ELIMINATION OF THE HISTORIC WHALING AND TRADING
PARTNERS PROGRAM.

(a) Repeal.--Subpart 12 of part D of title V of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7265 et seq.) is repealed.
(b) Recision of Funds.--Notwithstanding any other provision
of law, all unobligated balances held by the Secretary of
Education for the Educational, Cultural, Apprenticeship, and
Exchange Programs for Alaska Natives, Native Hawaiians, and
Their Historical Whaling and Trading Partners in
Massachusetts under subpart 12 of part D of title V of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7265 et seq.), as in effect on the day before the date of
enactment of this Act, are rescinded and no funds
appropriated hereafter for such activities shall be expended,
except as determined necessary or essential by such
Secretary, in consultation with the appropriate Federal
agencies.

SEC. 934. ELIMINATION OF THE UNDERGROUND RAILROAD EDUCATIONAL
AND CULTURAL PROGRAM.

(a) Repeal.--Section 841 of the Higher Education Amendments
of 1998 (20 U.S.C. 1153) is repealed.
(b) Elimination of Funding.--Notwithstanding any other
provision of law, all unobligated balances held by the
Secretary of Education for the Underground Railroad
educational and cultural program under section 841 of the
Higher Education Amendments of 1998 (20 U.S.C. 1153), as in
effect on the day before the date of enactment of this Act,
are rescinded and no funds appropriated hereafter for such
activities shall be expended, except as determined necessary
or essential by such Secretary, in consultation with the
appropriate Federal agencies.

SEC. 935. BROWNFIELDS ECONOMIC DEVELOPMENT INITIATIVE.

(a) In General.--Notwithstanding section 108(q) of the
Housing and Community Development Act of 1974 (42 U.S.C.
5309(q)) or any other provision of law, the Secretary of
Housing and Urban Development may not make any competitive
economic development grants, as otherwise authorized by
section 108(q) of that Act, for Brownfields redevelopment
projects.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for grants described in
subsection (a) that remain unobligated as of the date of
enactment of this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for grants described in subsection (a) shall be
expended, other than such amounts as are necessary to cover
costs incurred in terminating ongoing projects and activities
under those grants, as determined by the Secretary of Housing
and Urban Development, in consultation with other appropriate
Federal agencies.

SEC. 936. ELECTION REFORM GRANTS.

(a) Termination of Authority.--The authority to make
requirements payments to States under part 1 of subtitle D of
title II of the Help America Vote Act of 2002 (42 U.S.C.
15401 et seq.) is terminated.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for such requirements
payments (as of the day before the date of enactment of this
Act) that remain unobligated as of the date of enactment of
this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for such requirements payments shall be expended,
other than such amounts as are necessary to cover costs
incurred in terminating ongoing projects and activities using
such requirements payments, as determined by the
Administrator of General Services, in consultation with other
appropriate Federal agencies.

SEC. 937. ELECTION ASSISTANCE COMMISSION.

(a) Termination of Authority.--The Election Assistance
Commission established under section 201 of the Help America
Vote Act of 2002 (42 U.S.C. 15321) is terminated.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for the Election Assistance
Commission (as in existence on the day before the date of
enactment of this Act) that remain unobligated as of the date
of enactment of this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the Commission described in paragraph (1)
shall be expended, other than such amounts as are necessary
to cover costs incurred in terminating ongoing projects and
activities of the Commission, as determined by the
Administrator of General Services, in consultation with other
appropriate Federal agencies.

SEC. 938. EMERGENCY OPERATIONS CENTER GRANT PROGRAM.

(a) Termination.--Section 614 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5196c) is repealed.
(b) Rescission.--Notwithstanding any other provision of
law, all unobligated balances held by the Secretary of
Homeland Security for the emergency operations center grant
program under section 614 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5196c), as in
effect on the day before the date of enactment of this Act,
are rescinded and no funds appropriated hereafter for such
activities shall be expended, except as determined necessary
or essential by the Secretary of Homeland Security, in
consultation with the appropriate Federal agencies.

SEC. 939. ELIMINATION OF HEALTH CARE FACILITIES AND
CONSTRUCTION PROGRAM.

Notwithstanding any other provision of law, all unobligated
balances held by the Secretary of Health and Human Services
for health care facilities and construction are rescinded and
no funds appropriated hereafter for such activities shall be
expended, except as determined necessary or essential by such
Secretary, in consultation with the appropriate Federal
agencies.

SEC. 940. HIGH PRIORITY SURFACE TRANSPORTATION PROJECTS.

(a) In General.--Section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (Public Law 109-59; 119 Stat. 1256) is repealed.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for high priority projects
under section 1702 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users
(Public Law 109-59; 119 Stat. 1256) (before the amendment
made by subsection (a)) that remain unobligated as of the
date of enactment of this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for high priority projects described in paragraph
(1) shall be expended, other than such amounts as are
necessary to cover costs incurred in terminating ongoing
projects and activities under those projects, as determined
by the Secretary of Transportation, in consultation with
other appropriate Federal agencies.

SEC. 941. SAVE AMERICA'S TREASURES PROGRAM; PRESERVE AMERICA
PROGRAM.

(a) Repeals.--Sections 7302 and 7303 of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 469n, 469o) are
repealed.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for the Save America's
Treasures Program or Preserve America Program that remain
unobligated as of the date of enactment of this Act are
rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the programs referred to in paragraph (1)
shall be expended, other than such amounts as are necessary
to cover costs incurred in terminating ongoing projects and
activities under those programs, as determined by the
Secretary of the Interior in consultation with other
appropriate Federal agencies.

SEC. 942. TARGETED WATER INFRASTRUCTURE GRANTS.

(a) Termination of Authority.--The Targeted Watershed
Grants Program and the

[[Page S8864]]

U.S.-Mexico Border Water Infrastructure Program of the
Environmental Protection Agency are terminated.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for the Targeted Watershed
Grants Program and the U.S.-Mexico Border Water
Infrastructure Program of the Environmental Protection Agency
(as in existence on the day before the date of enactment of
this Act) that remain unobligated as of the date of enactment
of this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the programs referred to in paragraph (1) (as
so in existence) shall be expended, other than such amounts
as are necessary to cover costs incurred in terminating
ongoing projects and activities under those programs, as
determined by the Administrator of the Environmental
Protection Agency, in consultation with other appropriate
Federal agencies.

SEC. 943. NATIONAL PARK SERVICE CHALLENGE COST SHARE PROGRAM.

(a) Termination of Authority.--The authority to provide
Department of the Interior Challenge Cost Share Program
grants is terminated.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for the Department of the
Interior Challenge Cost Share Program (as in existence on the
day before the date of enactment of this Act) that remain
unobligated as of the date of enactment of this Act are
rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the Department of the Interior Challenge Cost
Share Program shall be expended, other than such amounts as
are necessary to cover costs incurred in terminating ongoing
projects and activities under the program, as determined by
the Secretary of the Interior in consultation with other
appropriate Federal agencies.

SEC. 944. TERMINATION OF THE CONSTELLATION PROGRAM OF THE
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.

(a) Termination Required.--The Administrator of the
National Aeronautics and Space Administration shall terminate
the Constellation Program of the National Aeronautics and
Space Administration.
(b) Disposition of Unobligated Funds.--
(1) Rescission.--Except as provided in paragraph (2), any
funds available for obligation by the National Aeronautics
and Space Administration as of the date of the enactment of
this Act for the Constellation Program are hereby rescinded.
(2) Availability for wind-up of program.--Funds described
in paragraph (1) may be utilized by the National Aeronautics
and Space Administration solely for costs related to the
winding-up of the provision of the Constellation Program.

SEC. 945. DELTA HEALTH INITIATIVE.

Notwithstanding any other provision of law, all unobligated
balances held by the Secretary of Health and Human Services
to carry out the Delta Health Initiative are rescinded and no
funds appropriated hereafter for such Initiative shall be
expended, except as determined necessary or essential by such
Secretary, in consultation with the appropriate Federal
agencies.

SEC. 946. DEPARTMENT OF AGRICULTURE HEALTH CARE SERVICES
GRANT PROGRAM.

(a) Termination of Authority.--The authority to carry out
any health care services grant program of the Department of
Agriculture is terminated.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for any health care services
grant program of the Department of Agriculture (as in
existence on the day before the date of enactment of this
Act) that remain unobligated as of the date of enactment of
this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the program referred to in paragraph (1)
shall be expended, other than such amounts as are necessary
to cover costs incurred in terminating ongoing projects and
activities under that program, as determined by the Secretary
of Agriculture, in consultation with other appropriate
Federal agencies.

SEC. 947. ELIMINATION OF LOAN REPAYMENT FOR CIVIL LEGAL
ASSISTANCE ATTORNEYS.

(a) Repeal.--Section 428L of the Higher Education Act of
1965 (20 U.S.C. 1078-12) is repealed.
(b) Elimination of Funding.--Notwithstanding any other
provision of law, all unobligated balances held by the
Secretary of Education for the Repayment for Civil Legal
Assistance Attorneys program under section 428L of the Higher
Education Act of 1965 (20 U.S.C. 1078-12), as in effect on
the day before the date of enactment of this Act, are
rescinded and no funds appropriated hereafter for such
activities shall be expended, except as determined necessary
or essential by such Secretary, in consultation with the
appropriate Federal agencies.

SEC. 948. TARGETED AIR SHED GRANT PROGRAM.

(a) Termination of Authority.--The Targeted Air Shed Grant
Program of the Environmental Protection Agency is terminated.
(b) Rescission.--Notwithstanding any other provision of
law--
(1) all amounts made available for the Targeted Air Shed
Grant Program of the Environmental Protection Agency (as in
existence on the day before the date of enactment of this
Act) that remain unobligated as of the date of enactment of
this Act are rescinded; and
(2) no amounts made available after the date of enactment
of this Act for the program referred to in paragraph (1) (as
so in existence) shall be expended, other than such amounts
as are necessary to cover costs incurred in terminating
ongoing projects and activities under that program, as
determined by the Administrator of the Environmental
Protection Agency, in consultation with other appropriate
Federal agencies.

SEC. 949. REQUIRING TRANSPARENCY AND ENSURING NO SPECIAL
TREATMENT FOR THE AARP OR AMA.

(a) Requirement.--Notwithstanding any other provision of
law, no Federal grants or contracts may be made available to
the AARP or the American Medical Association (commonly
referred to as the ``AMA'') for fiscal year 2011 or any
fiscal year thereafter unless awarded by a competitive
bidding process.
(b) Disclosure Conditions.--Any physician trade and
lobbying organization partnering with the Federal Government
by participating in technical reviews, making health care
payment policy recommendations, representing physician
interests on advisory panels, or otherwise representing
physicians in matters being reviewed or examined by the
Department of Health and Human Services shall disclose the
following:
(1) The number of dues paying physician-members the
organization currently represents.
(2) The professional status of such members, whether said
physicians are currently practicing medicine, teaching,
retired, or a medical student in residency.
(c) Membership Requirement.--No physician trade and
lobbying organization shall be eligible to participate in
activities listed in subsection (b) unless such organizations
have a membership composed of at least 50 percent of
currently-practicing physicians in the same calendar year.
The requirement of the preceding sentence shall apply to all
physician trade organizations, regardless of whether the
organization is a State, regional, or national organization,
and regardless of what specialty or practice areas said
organizations represent.
(d) Requirement for Certain Medigap Sellers or Issuers.--
Sellers or issuers of medicare supplemental policies under
section 1882 of the Social Security Act (42 U.S.C. 1395ss)
that constitute more than 20 percent of the market share of
the previous fiscal year shall be required to spend at least
80 percent of their premium dollars on medical claims to
ensure value for seniors.

Subtitle B--Fighting Fraud and Abuse to Save Taxpayers' Dollars

SEC. 960. FINDINGS.

Congress makes the following findings:
(1) The Medicare program loses an estimated $60,000,000,000
annually to wasted and fraudulent payments.
(2) The Medicaid program also suffers from rampant fraud.
As the Office of the Inspector General of the Department of
Health and Human Services noted in 2009, in an analysis of
the only source of nationwide Medicaid claims and beneficiary
eligibility information, the Medicaid Statistical Information
System, the Federal Government does not have ``timely,
accurate, or comprehensive information for fraud, waste, and
abuse detection'' in the Medicaid program.
(3) Absent comprehensive estimates, the Medicaid program's
improper payment rate may be the most objective measure of
taxpayer dollars lost to fraud. The national average improper
payment rate ranges between 8.7 percent and 10.5 percent, but
many States have much higher improper payment rates.
(4) The new Federal health reform law substantially expands
the Medicaid program, significantly changes the Medicare
program, creates new mandates and regulations, and will send
hundreds of billions of dollars to insurance companies.
(5) It is the duty of public officials and public servants
in Congress and the Administration to protect the American
public's taxpayer dollars. Congress and the Administration
must continue to aggressively combat waste, fraud, and abuse
in public health care programs.
(6) The Inspector General of the Department of Health and
Human Services has stated that ``swift and effective
detection of and response to waste, fraud, and abuse remain
an essential program integrity strategy''. Furthermore, the
Inspector General noted that ``effective use of Medicare and
Medicaid data is critical to the success of the Government's
efforts to reduce waste, fraud, and abuse''.
(7) The loss of taxpayer dollars due to waste and fraud
under the Medicare and Medicaid programs not only threatens
the financial viability of those programs, it erodes the
public trust. American taxpayers should not be expected to
tolerate rampant waste, fraud, and abuse in publicly funded
health care programs.
(8) Congress supports the commitment of the Office of the
Inspector General of the Department of Health and Human
Services to ``enhancing existing data analysis and mining
capabilities and employing advanced techniques such as
predictive analytics and social network analysis, to counter
new and existing fraud schemes''.
(9) Congress supports the use of predictive modeling and
other smart technologies that can transform the current ``pay
and chase''

[[Page S8865]]

payment cultures under the Medicare and Medicaid programs and
prevent taxpayer dollars from being lost to waste, fraud, and
abuse.

SEC. 961. TRACKING EXCLUDED PROVIDERS ACROSS STATE LINES.

(a) Greater Coordination.--In order to ensure that
providers of services and suppliers that have operated in one
State and are excluded from participation in the Medicare
program are unable to begin operation and participation in
other Federal health care programs in another State, the
Secretary shall provide for increased coordination between
the following:
(1) The Administrator of the Centers for Medicare &
Medicaid Services.
(2) Regional offices of the Centers for Medicare & Medicaid
Services.
(3) Medicare administrative contractors, fiscal
intermediaries, and carriers.
(4) State health agencies, State plans under title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.), State plans
under title XXI of such Act (42 U.S.C. 1397aa et seq.), and
entities that contract with such agencies and plans, as
directed by the Secretary.
(5) The Federation of State Medical Boards.
(b) Improved Information Systems.--
(1) In general.--The Secretary shall improve information
systems to allow greater integration between databases under
the Medicare program so that--
(A) Medicare administrative contractors, fiscal
intermediaries, and carriers have immediate access to
information identifying providers and suppliers excluded from
participation in the Medicare program, the Medicaid program
under title XIX of the Social Security Act, the State
Children's Health Insurance Program under title XXI of such
Act, and other Federal health care programs; and
(B) such information can be shared on a real-time basis, in
accordance with protocols established under subsection
(g)(2)--
(i) across Federal health care programs and agencies,
including between the Department of Health and Human
Services, the Social Security Administration, the Department
of Veterans Affairs, the Department of Defense, the
Department of Justice, and the Office of Personnel
Management; and
(ii) with State health agencies, State plans under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.),
State child health plans under title XXI of such Act (42
U.S.C. 1397aa et seq.), and entities that contract with such
agencies and plans, as directed by the Secretary.
(2) Sharing of information in addition to heat efforts.--
The information shared under paragraph (1) shall be in
addition to, and shall not replace, activities of the Health
Care Fraud Prevention and Enforcement Action Team (HEAT)
established by the Attorney General and the Department of
Health and Human Services.
(3) Appropriate coordination.--In implementing this
subsection, the Secretary shall provide for the maximum
appropriate coordination with the process established under
section 6401(b)(2) of the Patient Protection and Affordable
Care Act (Public Law 111-09148).
(c) ``One PI'' Database for Medicare, Medicaid, and CHIP.--
(1) In general.--The Secretary shall--
(A) continue to upload Medicare claims, provider, and
beneficiary data into the Integrated Data Repository under
section 1128J(a)(1) of the Social Security Act, as added by
section 6402(a) of the Patient Protection and Affordable Care
Act until such time as the Secretary determines that the
Integrated Data Repository is completed; and
(B) fully implement the waste, fraud, and abuse detection
solution of the Centers for Medicare & Medicaid Services,
called the ``One PI project'' (in this subsection referred to
as the ``project'') by not later than January 1, 2013.
(2) Access.--The Secretary, in consultation with Inspector
General of the Department of Health and Human Services, may
allow stakeholders who combat, or could assist in combating,
waste, fraud, and abuse under Federal health care programs to
have access to the One PI system established under the
project. Such stakeholders may include the Director of the
Federal Bureau of Investigation, the Comptroller General of
the United States, Medicare administrative contractors,
fiscal intermediaries, and carriers.
(d) Federal and State Agency Access to National
Practitioner Data Bank.--For purposes of enhancing data
sharing in order to identify programmatic weaknesses and
improving the timeliness of analysis and actions to prevent
waste, fraud, and abuse, relevant Federal and State agencies,
including the Department of Health and Human Services, the
Department of Justice, State departments of health, State
Medicaid plans under title XIX of the Social Security Act,
State child health plans under title XXI of such Act, and
State medicaid fraud control units (as described in section
1903(q) of the Social Security Act (42 U.S.C. 1396b(q))),
shall have real-time access to the National Practitioner Data
Bank, as directed by the Secretary. The Secretary may, in
consultation with the Inspector General of the Department of
Health and Human Services, give such real-time access to
State attorneys general and State and local law enforcement
agencies.
(e) Access to Claims and Payment Databases.--Section
1128J(a)(2) of the Social Security Act, as added by section
6402(a) of the Patient Protection and Affordable Care Act
(Public Law 111-09148) is amended--
(1) by striking ``databases.--For purposes'' and inserting
``databases.--
``(A) Access for the conduct of law enforcement and
oversight activities.--For purposes'';
(2) in subparagraph (A), as added by paragraph (1), by
inserting ``, including the Integrated Data Repository under
paragraph (1)'' before the period at the end; and
(3) by adding at the end the following new subparagraph:
``(B) Access to reduce waste, fraud, and abuse.--For
purposes of reducing waste, fraud, and abuse, and to the
extent consistent with applicable information, privacy,
security, and disclosure laws, including the regulations
promulgated under the Health Insurance Portability and
Accountability Act of 1996 and section 552a of title 5,
United States Code, and subject to any information systems
security requirements under such laws or otherwise required
by the Secretary, the Secretary, in consultation with the
Inspector General of the Department of Health and Human
Services, may allow State Medicaid fraud control units and
State and local law enforcement officials to have access to
claims and payment data of the Department of Health and Human
Services and its contractors related to titles XVIII, XIX,
and XXI, including the Integrated Data Repository under
paragraph (1).''.
(f) Ensuring Data Is Uploaded to the IDR on a Daily
Basis.--Section 1128J(a)(1) of the Social Security Act, as
added by section 6402(a) of the Patient Protection and
Affordable Care Act (Public Law 111-09148) is amended by
adding at the end the following new subparagraph:
``(C) Uploading of medicare claims data on a daily basis.--
All Medicare claims data shall be uploaded into the
Integrated Data Repository on a daily basis.''.
(g) Real-Time Access to Data.--
(1) In general.--The Secretary shall ensure that any data
provided to an entity or individual under the provisions of
or amendments made by this section is provided to such entity
or individual on a real-time basis, in accordance with
protocols established by the Secretary under paragraph (2).
The Secretary shall consult with the Inspector General of the
Department of Health and Human Services prior to implementing
this subsection.
(2) Protocols.--
(A) In general.--The Secretary shall establish protocols to
ensure the secure transfer and storage of any data provided
to another entity or individual under the provisions of or
amendments made by this section.
(B) Consideration of hhs oig recommendations.--In
establishing protocols under subparagraph (A), the Secretary
shall take into account recommendations submitted to the
Secretary by the Inspector General of the Department of
Health and Human Services with respect to the secure transfer
and storage of such data.
(h) GAO Study and Report on Use of Federation of State
Medical Boards To Strengthen Enrollment Integrity
Processes.--
(1) Study.--The Comptroller General of the United States
shall, in consultation with the Federation of State Medical
Boards, conduct a study on whether and, if so, to what
degree, such Federation may be useful to the Secretary in
further strengthening the integrity of processes for
enrolling providers of services and suppliers under Federal
health care programs.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report containing the
results of the study conducted under paragraph (1), together
with recommendations for such legislation and administrative
action as the Comptroller General determines appropriate.
(i) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Centers for Medicare & Medicaid
Services.
(2) CHIP.--The term ``CHIP'' means the State Children's
Health Insurance Program under title XXI of the Social
Security Act (42 U.S.C. 1397aa et seq.).
(3) Federal health care program.--The term ``Federal health
care program'' has the meaning given such term in section
1128B(f) of the Social Security Act (42 U.S.C. 1320a-
097b(f)).
(4) HHS oig.--The term ``HHS OIG'' means the Inspector
General of the Department of Health and Human Services.
(5) Medicare administrative contractors, fiscal
intermediaries, and carriers.--The term ``Medicare
administrative contractors, fiscal intermediaries, and
carriers'' includes zone program integrity contractors,
program safeguard or integrity contractors, recovery audit
contractors under section 1893(h) of the Social Security Act
(42 U.S.C. 1395ddd(h)), and special investigative units at
Medicare contractors (as defined in section 1889(g) of the
Social Security Act (42 U.S.C. 1395zz(g))).
(6) Medicare program.--The term ``Medicare program'' means
the program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.).
(7) Provider of services.--The term ``provider of
services'' has the meaning given

[[Page S8866]]

such term in section 1861(u) of the Social Security Act (42
U.S.C. 1395x(u)).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(9) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, and American Samoa.
(10) Supplier.--The term ``supplier'' has the meaning given
such term in section 1861(d) of the Social Security Act (42
U.S.C. 1395x(d)).

SEC. 962. ACCESS FOR PRIVATE SECTOR AND GOVERNMENTAL
ENTITIES.

(a) In General.--Title XI of the Social Security Act (42
U.S.C. 1301 et seq.), as amended by section 6402(a) of the
Patient Protection and Affordable Care Act (Public Law 111-
09148), is amended by inserting after section 1128J the
following new section:

``expanded access to the national practitioner data bank

``Sec. 1128K.  (a) Expanded Access.--
``(1) In general.--The information in the National
Practitioner Data Bank established pursuant to the Health
Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et
seq.) may be available on a real-time basis, in accordance
with protocols established by the Secretary under subsection
(b), to--
``(A) Federal and State government agencies and health
plans, commercial health plans, and any health care provider,
supplier, or practitioner entering an employment or
contractual relationship with an individual or entity who has
been subject to a final adverse action in the past 10 years,
where the contract involves the furnishing of items or
services reimbursed by 1 or more Federal health care programs
(regardless of whether the individual or entity is paid by
the programs directly, or whether the items or services are
reimbursed directly or indirectly through the claims of a
direct provider); and
``(B) utilization and quality control peer review
organizations and accreditation entities as defined by the
Secretary, including but not limited to organizations
described in part B of this title and in section
1154(a)(4)(C).
``(2) No effect on access under other applicable law;
appropriate coordination.--Nothing in this section shall
affect the availability of information in the National
Practitioner Data Bank under other applicable law, including
the availability of such information to entities or
individuals under part B of the Health Care Quality
Improvement Act of 1986 (42 U.S.C. 11131 et seq.). In
implementing this section, the Secretary shall provide for
the maximum appropriate coordination with such part.
``(b) Protocols.--The Secretary shall establish protocols
to ensure the secure transfer and storage of data made
available under this section. In establishing such protocols
the Secretary shall take into account recommendations
submitted to the Secretary by the Inspector General of the
Department of Health and Human Services and the National
Association of Insurance Commissioners with respect to the
secure transfer and storage of such data, the establishment
or approval of a fee structure under subsection (c), and the
establishment of user access protocols.
``(c) Fees for Disclosure.--
``(1) In general.--
``(A) Fees.--Subject to paragraph (2), the Secretary may
establish or approve reasonable fees for the disclosure of
information under this section, including with respect to
requests by Federal agencies or other entities, such as
fiscal intermediaries and carriers, acting under contract on
behalf of such agencies.
``(B) Establishment or approval of fee amounts.--In
establishing or approving the amount of such fees, the
Secretary shall ensure that the total amount of the fees to
be collected is equal to the total costs of processing the
requests for disclosure and of providing such information.
Such fees shall be available to the Secretary to cover such
costs.
``(C) For-profit entities.--The Secretary may allow for-
profit entities to receive data under this section for a fee
that is comparable to the fee charged to a Federal agency or
other entity under subparagraph (A) with respect to a similar
request.
``(2) Free access to certain data.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Fighting Fraud and Abuse to Save Taxpayers'
Dollars Act, for purposes of identifying additional
strategies and tools to combat waste, fraud, and abuse, the
Secretary--
``(i) establish protocols to ensure the secure transmission
of data under this section; and
``(ii) may ensure nonprofit academic, policy, and research
institutions have access to data from the National
Practitioner Data Bank.
``(B) Access free of charge.--Data shall be provided under
subparagraph (A)(ii) free of charge to academic, policy, and
research institutions.
``(C) Requirement.--Any academic, policy, or research
institution that is provided data under subparagraph (A)(ii)
shall, as a condition of receiving such data, be required to
share with the Secretary any findings using such data to
combat waste, fraud, and abuse (in a form and manner of the
academic, policy, or research institution's choosing).
``(d) Establishment of Appeals Process.--
``(1) In general.--The Secretary shall establish a
transparent and responsive appeals process under which a
provider of services or supplier may have their name removed
from the National Practitioner Data Bank. Under such process,
appeals shall be conducted in a timely manner (not more than
90 days after the earlier of the date of the listing in the
National Practitioner Data Bank or the issuance of any
penalty involved) in order to minimize the time that
providers of services or suppliers who successfully appeal
are excluded from participation under the programs under
titles XVIII and XIX.
``(2) Consultation.--The Secretary shall consult with major
colleges of medical practice in the United States, commercial
health plans, the Inspector General of the Department of
Health and Human Services, the National Association of
Insurance Commissioners, and the Federation of State Medical
Boards in establishing the appeals process under paragraph
(1).
``(e) Definitions.--In this section:
``(1) Commercial health plan.--The term `commercial health
plan' means health insurance coverage (as defined in section
2791 of the Public Health Service Act and including group
health plans).
``(2) Final adverse action.--The term `final adverse
action' means one or more of the following actions:
``(A) A Medicare-imposed revocation of any Medicare billing
privileges.
``(B) Suspension or revocation of a license to provide
health care by any State licensing authority.
``(C) A conviction of a Federal or State felony offense
within the last 10 years preceding enrollment, revalidation,
or re-enrollment.
``(D) An exclusion or debarment from participation in a
Federal or State health care program.''.
(b) Criminal Penalty for Misuse of Information Disclosed.--
Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a-
097b(b)) is amended by adding at the end the following:
``(4) Whoever knowingly uses information disclosed from the
National Practitioner Data Bank under section 1128K for a
purpose other than those authorized under that section shall
be imprisoned for not more than 3 years or fined under title
18, United States Code, or both.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act.

SEC. 963. LIABILITY OF MEDICARE ADMINISTRATIVE CONTRACTORS
FOR CLAIMS SUBMITTED BY EXCLUDED PROVIDERS.

(a) Reimbursement to the Secretary for Amounts Paid to
Excluded Providers.--Section 1874A(b) of the Social Security
Act (42 U.S.C. 1395kk(b)) is amended by adding at the end the
following new paragraph:
``(6) Reimbursements to secretary for amounts paid to
excluded providers.--
``(A) Limitation.--
``(i) In general.--Except as provided in clause (ii), the
Secretary shall not enter into a contract with a Medicare
administrative contractor under this section unless the
contractor agrees to reimburse the Secretary for any amounts
paid by the contractor for with respect to any item or
service (other than an emergency item or service, not
including items or services furnished in an emergency room of
a hospital) which is furnished--

``(I) by an individual or entity during the period when
such individual or entity is excluded pursuant to section
1128, 1128A, 1156 or 1842(j)(2) from participation in the
program under this title; or
``(II) at the medical direction or on the prescription of a
physician during the period when he is excluded pursuant to
section 1128, 1128A, 1156 or 1842(j)(2) from participation in
the program under this title and when the person furnishing
such item or service knew or had reason to know of the
exclusion (after a reasonable time period after reasonable
notice has been furnished to the person).

``(ii) Exception.--Where a Medicare administrative
contractor pays a claim for payment for items or services
furnished by an individual or entity excluded from
participation in the programs under this title, pursuant to
section 1128, 1128A, 1156, or l866, and such Medicare
administrative contractor did not know or have reason to know
that such individual or entity was so excluded, then, to the
extent permitted by this title, and notwithstanding such
exclusion, the contractor shall not be required to reimburse
the Secretary under clause (i) for any amounts paid with
respect to such items or services. In each such case the
Secretary shall notify the contractor of the exclusion of the
individual or entity furnishing the items or services. A
Medicare administrative contractor shall not make payment for
items or services furnished by an excluded individual or
entity to a beneficiary after a reasonable time (as
determined by the Secretary in regulations) after the
Secretary has notified the contractor of the exclusion of
that individual or entity.
``(B) Requirement to review claims.--A Medicare
administrative contractor shall review claims submitted to
the contractor for payment for services under this title in
order to ensure that such services were not furnished by an
individual or entity during any period for which the
individual or entity is excluded from such participation (as
described in subparagraph (A)).''.

[[Page S8867]]

(b) Report on Effectiveness and Development of Scorecard
and Measurable Performance Metrics for Medicare
Contractors.--
(1) Report.--
(A) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary of Health and Human
Services shall submit to Congress a report on the overall
effectiveness and potential of Medicare contractors.
(B) Contents of report.--The report submitted under
subparagraph (A) shall include the Secretary's
recommendations for the development of measurable performance
metrics and a scorecard for Medicare contractors (or, in the
case of Medicare administrative contractors, updated and
revised measurable performance metrics and a revised
scorecard), together with recommendations for such
legislation and administrative action as the Secretary
determines appropriate.
(2) Consultation.--The Secretary shall consult with
Medicare contractors, the Inspector General of the Department
of Health and Human Services, private sector waste, fraud,
and abuse experts, and entities with experience combating and
preventing waste, fraud, and abuse, including through the
review of Medicare claims, in preparing the report submitted
under paragraph (1).
(3) Medicare contractors defined.--In this subsection, the
term ``Medicare contractor'' means any of the following:
(A) A Medicare administrative contractor under section
1874A of the Social Security Act.
(B) A Medicare Program Safeguard Contractor.
(C) A Zone Program Integrity Contractor.
(D) A Medicare Drug Integrity Contractor.
(c) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall apply to claims for reimbursement submitted on or after
the date of enactment of this Act.
(2) Contract modification.--The Secretary of Health and
Human Services shall take such steps as may be necessary to
modify contracts entered into, renewed, or extended prior to
the date of enactment of this Act to conform such contracts
to the provisions of and amendments made by this section.

SEC. 964. LIMITING THE DISCHARGE OF DEBTS IN BANKRUPTCY
PROCEEDINGS IN CASES WHERE A HEALTH CARE
PROVIDER OR A SUPPLIER ENGAGES IN FRAUDULENT
ACTIVITY.

(a) In General.--
(1) Civil monetary penalties.--Section 1128A(a) of the
Social Security Act (42 U.S.C. 1320a-097a(a)) is amended by
adding at the end the following: ``Notwithstanding any other
provision of law, amounts made payable under this section are
not dischargeable under section 727, 944, 1141, 1228, or 1328
of title 11, United States Code, or any other provision of
such title.''.
(2) Recovery of overpayment to providers of services under
part a.--Section 1815(d) of the Social Security Act (42
U.S.C. 1395g(d)) is amended--
(A) by inserting ``(1)'' after ``(d)''; and
(B) by adding at the end the following:
``(2) Notwithstanding any other provision of law, amounts
due to the Secretary under this section are not dischargeable
under section 727, 944, 1141, 1228, or 1328 of title 11,
United States Code, or any other provision of such title if
the overpayment was the result of fraudulent activity, as may
be defined by the Secretary.''.
(3) Recovery of overpayment of benefits under part b.--
Section 1833(j) of the Social Security Act (42 U.S.C.
1395l(j)) is amended--
(A) by inserting ``(1)'' after ``(j)''; and
(B) by adding at the end the following:
``(2) Notwithstanding any other provision of law, amounts
due to the Secretary under this section are not dischargeable
under section 727, 944, 1141, 1228, or 1328 of title 11,
United States Code, or any other provision of such title if
the overpayment was the result of fraudulent activity, as may
be defined by the Secretary.''.
(4) Collection of past-due obligations arising from breach
of scholarship and loan contract.--Section 1892(a) of the
Social Security Act (42 U.S.C. 1395ccc(a)) is amended by
adding at the end the following:
``(5) Notwithstanding any other provision of law, amounts
due to the Secretary under this section are not dischargeable
under section 727, 944, 1141, 1228, or 1328 of title 11,
United States Code, or any other provision of such title.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to bankruptcy petitions filed after the date of
enactment of this Act.

SEC. 965. PREVENTION OF WASTE, FRAUD, AND ABUSE IN THE
MEDICAID AND CHIP PROGRAMS.

(a) Detection of Fraudulent Identification Numbers Within
the Medicaid and CHIP Programs.--
(1) Medicaid.--Section 1903(i) of the Social Security Act
(42 U.S.C. 1396b(i)), as amended by section 2001(a)(2)(B) of
the Patient Protection and Affordable Care Act (Public Law
111-09148), is amended--
(A) in paragraph (25), by striking ``or'' at the end;
(B) in paragraph (26), by striking the period and inserting
``; or''; and
(C) by adding at the end the following new paragraph:
``(27) with respect to amounts expended for an item or
service for which medical assistance is provided under the
State plan or under a waiver of such plan unless the claim
for payment for such item or service contains--
``(A) a valid beneficiary identification number that, for
purposes of the individual who received such item or service,
has been determined by the State agency to correspond to an
individual who is eligible to receive benefits under the
State plan or waiver; and
``(B) a valid National Provider Identifier that, for
purposes of the provider that furnished such item or service,
has been determined by the State agency to correspond to a
participating provider that is eligible to receive payment
for furnishing such item or service under the State plan or
waiver.''.
(2) CHIP.--Section 2107(e)(1)(I) of the Social Security Act
(42 U.S.C. 1397gg(e)(1)(I)) is amended by striking ``and
(17)'' and inserting ``(17), and (27)''.
(b) Screening Requirements for Managed Care Entities.--
(1) In general.--Section 1902 of the Social Security Act
(42 U.S.C. 1396a) is amended--
(A) by redesignating the second subsection (ii), as added
by section 6401(b)(1)(B) of the Patient Protection and
Affordable Care Act, as subsection (kk) of such section; and
(B) in subsection (kk), as so redesignated--
(i) by redesignating paragraph (8) as paragraph (9); and
(ii) by inserting after paragraph (7) the following new
paragraph:
``(8) Managed care entities.--The State establishes
procedures to ensure that any managed care entity (as defined
in section 1932(a)(1)(B)) under contract with the State
complies with all applicable requirements under this
subsection.''.
(2) Medicaid managed care organizations.--Section
1903(m)(2)(A) of the Social Security Act (42 U.S.C.
1396b(m)(2)(A)) is amended--
(A) in clause (xii), by striking ``and'' at the end;
(B) in clause (xiii), by striking the period and inserting
``; and''; and
(C) by adding at the end the following new clause:
``(xiv) such contract requires that the entity comply with
any applicable screening, oversight, and reporting
requirements under section 1902(kk).''.
(3) Managed care entities.--Section 1932(d) of the Social
Security Act (42 U.S.C. 1396u-092(d)) is amended by adding at
the end the following new paragraph:
``(5) Compliance with screening, oversight, and reporting
requirements.--A managed care entity shall comply with any
applicable screening, oversight, and reporting requirements
under section 1902(kk).''.
(c) Required Database Checks.--Clause (i) of section
1866(j)(2)(B) of the Social Security Act (42 U.S.C.
1395cc(j)(2)(B)) is amended to read as follows:
``(i) shall include--

``(I) a licensure check, which may include such checks
across States; and
``(II) for purposes of the Medicaid program under title
XIX--

``(aa) database checks (including such checks across
States), which shall include--
``(AA) the Medicaid Statistical Information System (as
described in section 1903(r)(1)(F)); and
``(BB) any relevant medical databases that are maintained
by the State agencies, as determined by the Secretary in
consultation with the directors of the State agencies; and
``(bb) coordination of excluded provider lists between the
Secretary and the State agency, including exchanges of data
regarding excluding providers between Federal and State
databases; and''.
(d) Technical Corrections.--Section 1902 of the Social
Security Act (42 U.S.C. 1396a), as amended by subsection
(b)(1), is further amended--
(1) in subsection (a)--
(A) in paragraph (23), by striking ``subsection (ii)(4)''
and inserting ``subsection (kk)(4)''; and
(B) in paragraph (77), by striking ``subsection (ii)'' and
inserting ``subsection (kk)''; and
(2) in subsection (kk), by striking ``section 1886'' each
place it appears and inserting ``section 1866''.

SEC. 966. ILLEGAL DISTRIBUTION OF A MEDICARE, MEDICAID, OR
CHIP BENEFICIARY IDENTIFICATION OR BILLING
PRIVILEGES.

Section 1128B(b) of the Social Security Act (42 U.S.C.
1320a-097b(b)), as amended by section 962(b), is amended by
adding at the end the following:
``(5) Whoever knowingly, intentionally, and with the intent
to defraud purchases, sells or distributes, or arranges for
the purchase, sale, or distribution of a Medicare, Medicaid,
or CHIP beneficiary identification number or billing
privileges under title XVIII, title XIX, or title XXI shall
be imprisoned for not more than 10 years or fined not more
than $500,000 ($1,000,000 in the case of a corporation), or
both.''.

SEC. 967. PILOT PROGRAM FOR THE USE OF UNIVERSAL PRODUCT
NUMBERS ON CLAIM FORMS FOR REIMBURSEMENT UNDER
THE MEDICARE PROGRAM.

(a) Establishment.--
(1) In general.--Not later than January 1, 2013, the
Secretary shall establish a pilot program under which claims
for reimbursement under the Medicare program for UPN covered
items contain the universal product number of the UPN covered
item.
(2) Duration.--The pilot program under this section shall
be conducted for a 2-year period.

[[Page S8868]]

(3) Consideration of gao recommendations.--The Secretary
shall take into account the recommendations of the
Comptroller General of the United States in establishing the
pilot program under this section.
(b) Development and Implementation of Procedures.--
(1) Information included in upn.--The Secretary, in
consultation with manufacturers and entities with appropriate
expertise, shall determine the relevant descriptive
information appropriate for inclusion in a universal product
number for a UPN covered item under the pilot program.
(2) Review of procedure.--The Secretary, in consultation
with interested parties (which shall, at a minimum, include
the Inspector General of the Department of Health and Human
Services and private sector and health industry experts),
shall use information obtained under the pilot program
through the use of universal product numbers on claims for
reimbursement under the Medicare program to periodically
review the UPN covered items billed under the Health Care
Financing Administration Common Procedure Coding System and
adjust such coding system to ensure that functionally
equivalent UPN covered items are billed and reimbursed under
the same codes.
(c) GAO Reports to Congress on Effectiveness of
Implementation of Pilot Program.--
(1) Initial report.--Not later than 6 months after the
implementation of the pilot program under this section, the
Comptroller General of the United States shall submit to
Congress a report on the effectiveness of such
implementation.
(2) Final report.--Not later than 18 months after the
completion of the pilot program under this section, the
Comptroller General of the United States shall submit to
Congress a report on the effectiveness of the pilot program,
together with recommendations regarding the use of universal
product numbers and the use of data obtained from the use of
such numbers, and recommendations for such legislation and
administrative action as the Comptroller General determines
appropriate.
(d) Use of Available Funding.--The Secretary shall use
amounts available in the Centers for Medicare & Medicaid
Services Program Management Account or in the Health Care
Fraud and Abuse Control Account under section 1817(k) of the
Social Security Act (42 U.S.C. 1395i(k)) to carry out the
pilot program under this section.
(e) Definitions.--In this section:
(1) Medicare program.--The term ``Medicare program'' means
the program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) Universal product number.--The term ``universal product
number'' means a number that is--
(A) affixed by the manufacturer to each individual UPN
covered item that uniquely identifies the item at each
packaging level; and
(B) based on commercially acceptable identification
standards such as, but not limited to, standards established
by the Uniform Code Council--International Article Numbering
System or the Health Industry Business Communication Council.
(4) UPN covered item.--
(A) In general.--Except as provided in subparagraph (B),
the term ``UPN covered item'' means--
(i) a covered item as that term is defined in section
1834(a)(13) of the Social Security Act (42 U.S.C.
1395m(a)(13));
(ii) an item described in paragraph (8) or (9) of section
1861(s) of such Act (42 U.S.C. 1395x);
(iii) an item described in paragraph (5) of such section
1861(s); and
(iv) any other item for which payment is made under this
title that the Secretary determines to be appropriate.
(B) Exclusion.--The term ``UPN covered item'' does not
include a customized item for which payment is made under
this title.

SEC. 968. PROHIBITION OF INCLUSION OF SOCIAL SECURITY ACCOUNT
NUMBERS ON MEDICARE CARDS.

(a) In General.--Section 205(c)(2)(C) of the Social
Security Act (42 U.S.C. 405(c)(2)(C)), as amended by section
1414(a)(2) of the Patient Protection and Affordable Care Act
(Public Law 111-09148), is amended by adding at the end the
following new clause:
``(xi) The Secretary of Health and Human Services, in
consultation with the Commissioner of Social Security, shall
establish cost-effective procedures to ensure that a social
security account number (or any derivative thereof) is not
displayed, coded, or embedded on the Medicare card issued to
an individual who is entitled to benefits under part A of
title XVIII or enrolled under part B of title XVIII and that
any other identifier displayed on such card is easily
identifiable as not being the social security account number
(or a derivative thereof).''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to Medicare cards issued on and after an
effective date specified by the Secretary of Health and Human
Services, but in no case shall such effective date be later
than the date that is 24 months after the date adequate
funding is provided pursuant to subsection (d)(2).
(2) Reissuance.--Subject to subsection (d)(2), in the case
of individuals who have been issued such cards before such
date, the Secretary of Health and Human Services--
(A) shall provide for the reissuance for such individuals
of such a card that complies with such amendment not later
than 3 years after the effective date specified under
paragraph (1); and
(B) may permit such individuals to apply for the reissuance
of such a card that complies with such amendment before the
date of reissuance otherwise provided under subparagraph (A)
in such exceptional circumstances as the Secretary may
specify.
(c) Outreach Program.--Subject to subsection (d)(2), the
Secretary of Health and Human Services, in consultation with
the Commissioner of Social Security, shall conduct an
outreach program to Medicare beneficiaries and providers
about the new Medicare card provided under this section.
(d) Report to Congress and Limitations on Effective Date.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Health and Human
Services, acting through the Administrator of the Centers for
Medicare & Medicaid Services and in consultation with the
Commissioner of Social Security, shall submit to Congress a
report that includes detailed options regarding the
implementation of this section, including line-item estimates
of and justifications for the costs associated with such
options and estimates of timeframes for each stage of
implementation. In recommending such options, the Secretary
shall take into consideration, among other factors, cost-
effectiveness and beneficiary outreach and education.
(2) Limitation; modification of deadlines.--With respect to
the amendment made by subsection (a), and the requirements of
subsections (b) and (c)--
(A) such amendment and requirements shall not apply until
adequate funding is transferred pursuant to section 11(b) to
implement the provisions of this section, as determined by
Congress; and
(B) any deadlines otherwise established under this section
for such amendment and requirements are contingent upon the
receipt of adequate funding (as determined in subparagraph
(A)) for such implementation.

The previous sentence shall not affect the timely submission
of the report required under paragraph (1).

SEC. 969. IMPLEMENTATION.

(a) Empowering the HHS OIG and GAO.--Except as otherwise
provided, to the extent practicable, the Secretary of Health
and Human Services (in this section referred to as the
``Secretary'') shall--
(1) carry out the provisions of and amendments made by this
subtitle in consultation with the Inspector General of the
Department of Health and Human Services; and
(2) take into consideration the findings and
recommendations of the Comptroller General of the United
States in carrying out such provisions and amendments.
(b) Funding.--The Secretary shall provide for the transfer,
from the Health Care Fraud and Abuse Control Account under
section 1817(k) of the Social Security Act (42 U.S.C.
1395i(k)), to the Centers for Medicare & Medicaid Services
Program Management Account, of such sums, provided such sums
are fully offset, as the Secretary determines are for
necessary administrative expenses associated with carrying
out the provisions of and amendments made by this subtitle
(other than section 967). Amounts transferred under the
preceding sentence shall remain available until expended.
(c) Savings.--Any reduction in outlays under the Medicare
program under title XVIII of the Social Security Act under
the provisions of, and amendments made by, this subtitle may
only be utilized to offset outlays under part A of title
XVIII of the Social Security Act.
______