Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improved Medical Decision Incentive
Act of 2007''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The United States spends more per capita on health care
        than any other nation, and yet it has mediocre health outcomes,
        including the second-highest infant mortality rate of all
        industrialized nations.
            (2) The efficacy of best practices guidelines in improving
        health care delivery and patient outcomes is well established.
            (3) Existing payment systems compensate physicians without
        adequate attention to the appropriateness or quality of care
        delivered and often without reference to established best
        practices.
            (4) Identification of and adherence to best practices can
        improve the quality of health care while reducing overall costs
        to the health care system.
            (5) Orderly administrative proceedings involving
        knowledgeable professionals will enhance best practices for
        health care.
            (6) Control of medical practices through denial of claims
        by insurance companies has proven wasteful and confusing, and
        has failed to motivate adequate development and use of best
        practices for health care.

SEC. 3. VOLUNTARY STATE DEVELOPMENT AND APPROVAL OF QUALIFYING BEST
              PRACTICES; INCENTIVES FOR PRIVATE INSURERS.

    (a) State Approval of Best Practices.--
            (1) In general.--A State health department may approve best
        practices in a course of, or as a means of treatment for, a
        particular condition, illness, or procedure, as the qualifying
        standard of care for the State in order to take advantage of
        the differential rates of payment implemented under sections
        1898 and 1902(dd) of the Social Security Act (as added by
        sections 4 and 5, respectively) and the private insurance
        incentive under subsection (b).
            (2) Qualifying process for state approval.--In order for
        best practices approved by a State under paragraph (1) to
        qualify as best practices for purposes of implementing such
        differential rates of payment and for purposes of such private
        insurance incentive, a State health department shall--
                    (A) allow any duly constituted State medical
                society or medical specialty group to file with the
                State health department a course or means of treatment
                representing best practices for a particular condition,
                illness, or procedure to be applicable in the State,
                including cost-effective prevention and management
                measures;
                    (B) provide for notice and hearing consistent with
                the administrative procedures of the State with respect
                to the approval of best practices for a particular
                condition, illness, or procedure;
                    (C) permit any health insurer described in
                subsection (b)(1), including any individual authorized
                by the Secretary of Health and Human Services to act as
                a representative of the Medicare and Medicaid programs
                under titles XVIII and XIX, respectively, of the Social
                Security Act (42 U.S.C. 1395 et seq.; 1396 et seq.), to
                intervene in any administrative proceeding to approve
                such best practices;
                    (D) provide appropriate notice of any such
                administrative proceeding to established advocacy
                groups concerned with the condition or illness involved
                in the proceeding; and
                    (E) in the case where the State health department
                determines that a course of treatment filed in
                accordance with subparagraph (A) would lower system
                costs and improve quality of care, approve that best
                practices course of treatment within its jurisdiction
                as the qualifying standard of care under this
                subsection for that condition, illness, or procedure.
            (3) Priority of approvals.--State health departments are
        encouraged to prioritize approval of best practices that
        address conditions, illnesses, or procedures where those best
        practices are reasonably anticipated to result in the greatest
        overall cost savings and quality improvements.
            (4) Approval of qualifying best practices.--If, at the
        conclusion of a process that meets the requirements of
        paragraph (2), the State health department approves best
        practices (as described in paragraph (1)), those best practices
        shall be--
                    (A) deemed qualifying best practices;
                    (B) the basis for differential rates of payment
                under sections 1898 and 1902(dd) of the Social Security
                Act (as added by sections 4 and 5, respectively); and
                    (C) eligible for the private insurance incentive
                under subsection (b).
            (5) Definition of state.--In this subsection the term
        ``State'' includes such regional or local areas as the State
        health department determines appropriate.
    (b) Incentive for Private Insurers To Provide Timely Payment for
Services Provided in Accordance With Best Practices.--
            (1) In general.--Notwithstanding any other provision of
        law, in the case where qualifying best practices have been
        approved by a State health department in accordance with
        subsection (a), any health insurer doing business in interstate
        commerce and providing health care coverage within the State
        shall pay all provider charges for any service provided in
        accordance with such best practices not later than 30 days
        after the date on which such service is provided and, absent
        fraud, without regard for the insurer's internal utilization
        review or claims denial procedure.
            (2) Standing to enforce.--Any provider or specialty group
        that does business in a State where the State health department
        has approved qualifying best practices in accordance with
        subsection (a) may bring a civil action in an appropriate
        United States district court to enjoin efforts by any health
        insurer to challenge or delay payment for services provided by
        the provider or a member of the specialty group in accordance
        with such best practices approved in the State. The district
        court shall award a provider or specialty group costs and
        attorney's fees in such a civil action if the court finds that
        the challenge or delay was a willful violation of this Act.

SEC. 4. IMPLEMENTATION OF DIFFERENTIAL RATES OF PAYMENT FOR QUALIFYING
              BEST PRACTICES UNDER THE MEDICARE PROGRAM.

    (a) Differential Rates of Payment for Qualifying Best Practices.--
Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is
amended by adding at the end the following new section:

     ``differential rates of payment for qualifying best practices

    ``Sec. 1898.  (a) In General.--
            ``(1) Differential rates of payment.--Notwithstanding any
        other provision of law, the Secretary shall establish
        procedures to provide differential rates of payment for items
        and services covered under the program under this title that
        favor treatment provided consistent with qualifying best
        practices approved by a State in accordance with section 3(a)
        of the Improved Medical Decision Incentive Act of 2007.
            ``(2) Regulations.--Not later than March 31, 2008, the
        Secretary shall promulgate regulations to carry out this
        subsection.
            ``(3) Budget neutrality.--The Secretary shall ensure that
        the procedures established under paragraph (1) do not result in
        overall expenditures for any year under this title that are
        more than the expenditures which would have been made if such
        procedures had not been established, taking into account--
                    ``(A) any savings anticipated as a result of the
                application of best practices to items and services
                covered under the program under this title; and
                    ``(B) the net effects of reimbursement increases
                and decreases as a result of the differential in rates
                of payment established under such program.
    ``(b) Adoption of National Best Practices.--
            ``(1) In general.--Such procedures shall specify that, in
        any case where the Secretary finds a national standard for best
        practices to be appropriate, the Secretary may adopt national
        best practices. Subject to paragraph (2), such national best
        practices shall be applicable within a State as a qualifying
        best practice in accordance with section 3(a) of the Improved
        Medical Decision Incentive Act of 2007 and the basis for the
        establishment of differential rates of payment under the
        program under this title.
            ``(2) Limitation.--In any case where the State health
        department has approved qualifying best practices in the State
        for a condition, illness, or procedure in accordance with such
        section 3(a), national best practices adopted under paragraph
        (1) shall only be applicable within such State as a qualifying
        best practice and the basis for the establishment of such
        differential rates of payment if the Secretary finds, after a
        hearing in the State that meets the procedural requirements
        under paragraph (2) of such section 3(a), that the national
        best practices will improve health care outcomes and lower
        health care costs in the State to a greater extent than the
        qualifying best practices approved by the State health
        department for that condition, illness, or procedure in
        accordance with such section 3(a).''.
    (b) Effective Date.--The amendment made by this section shall apply
to items and services furnished on or after March 31, 2008.

SEC. 5. IMPLEMENTATION OF DIFFERENTIAL RATES OF PAYMENT FOR QUALIFYING
              BEST PRACTICES UNDER THE MEDICAID PROGRAM.

    (a) State Plan Amendment.--Section 1902(a) of the Social Security
Act (42 U.S.C. 1396a(a)) is amended--
            (1) in paragraph (69), by striking ``and'' at the end;
            (2) in paragraph (70)(B)(iv), by striking the period at the
        end and inserting ``; and''; and
            (3) by inserting after paragraph (70)(B)(iv) the following
        new paragraph:
            ``(71) provide, in accordance with procedures established
        by the Secretary under subsection (dd) and after consultation
        with and upon the recommendation of the State health department
        (and the approval of the Secretary), for differential rates of
        payment for medical assistance under the plan that favor
        treatment provided consistent with qualifying best practices
        approved by the State health department in accordance with
        section 3(a) of the Improved Medical Decision Incentive Act of
        2007, except that in establishing such payment rates, the State
        shall ensure that the amounts paid under such rates do not
        exceed the amount the State would have paid for such medical
        assistance under the plan if such differential rates of payment
        had not been made, taking into account any annual increases in
        population and inflation.''.
    (b) Establishment of Procedures.--Section 1902 of the Social
Security Act (42 U.S.C. 1396a) is amended by adding at the end the
following new subsection:
    ``(dd) Differential Rates of Payment for Qualifying Best Practices
and Adoption of National Best Practices.--
            ``(1) Differential rates of payment for qualifying best
        practices.--
                    ``(A) In general.--Notwithstanding any other
                provision of law, the Secretary shall establish
                procedures to provide differential rates of payment for
                medical assistance provided consistent with qualifying
                best practices approved by a State in accordance with
                section 3(a) of the Improved Medical Decision Incentive
                Act of 2007.
                    ``(B) Regulations.--Not later than March 31, 2008,
                the Secretary shall promulgate regulations to carry out
                this subsection.
                    ``(C) Budget neutrality.--The Secretary shall
                ensure that the procedures established under
                subparagraph (A) do not result in overall expenditures
                for any year under a State plan that are more than the
                expenditures which would have been made if such
                procedures had not been established, taking into
                account--
                            ``(i) any savings anticipated as a result
                        of the application of best practices to medical
                        assistance provided under the State plan; and
                            ``(ii) the net effects of reimbursement
                        increases and decreases as a result of the
                        differential rates of payment established under
                        such plan.
            ``(2) Adoption of national best practices.--Such procedures
        shall specify that, in any case where the Secretary adopts
        national best practices in accordance with section 1898(b),
        subject to the limitation under paragraph (2) of such section,
        such national best practices shall be--
                    ``(A) applicable within a State as a qualifying
                best practice in accordance with section 3(a) of the
                Improved Medical Decision Incentive Act of 2007; and
                    ``(B) the basis for the establishment of
                differential rates of payment under the State plan.''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this section shall apply to medical
        assistance furnished on or after March 31, 2008.
            (2) Extension of effective date for state law amendment.--
        In the case of a State plan under title XIX of the Social
        Security Act (42 U.S.C. 1396 et seq.) which the Secretary of
        Health and Human Services determines requires State legislation
        in order for the plan to meet the additional requirements
        imposed by the amendments made by this section, the State plan
        shall not be regarded as failing to comply with the
        requirements of such title solely on the basis of its failure
        to meet these additional requirements before the first day of
        the first calendar quarter beginning after the close of the
        first regular session of the State legislature that begins
        after the date of enactment of this Act. For purposes of the
        previous sentence, in the case of a State that has a 2-year
        legislative session, each year of the session is considered to
        be a separate regular session of the State legislature.

SEC. 6. OVERSIGHT BY THE CENTERS FOR MEDICARE & MEDICAID SERVICES.

    (a) Review and Report.--
            (1) Review.--
                    (A) In general.--The Secretary shall conduct an
                annual review of the efficacy of all qualifying best
                practices approved pursuant to section 3(a) and, if
                applicable, any national best practices adopted
                pursuant to section 1898(b) of the Social Security Act,
                as added by section 4(a).
                    (B) Considerations.--The review conducted under
                subparagraph (A) shall consider--
                            (i) the effect of such best practices with
                        respect to improving outcomes and lowering the
                        cost of care; and
                            (ii) the effect and efficacy of
                        differential rates of payment under the
                        Medicare and Medicaid programs under titles
                        XVIII and XIX, respectively, of the Social
                        Security Act (42 U.S.C. 1395 et seq.; 1396 et
                        seq.) under procedures established pursuant to
                        the amendments made by sections 4 and 5.
            (2) Report.--The Secretary shall submit an annual report to
        Congress containing the results of the review conducted under
        paragraph (1)(A), together with recommendations for such
        legislation and administrative actions as the Secretary
        determines appropriate.
    (b) Annual Conference.--The Secretary shall host an annual
conference of all State health directors, and any State medical
societies and medical specialty groups that have filed best practices
for approval with a State health department in accordance with
subparagraph (A) of section 3(a)(2) and any health insurers and
advocacy groups that have participated in any administrative proceeding
to approve best practices in accordance with subparagraphs (C) and (D),
respectively, of such section, to provide--
            (1) for the exchange of information; and
            (2) an opportunity to summarize the effects on health care
        costs, quality, and outcomes of qualifying best practices
        approved in accordance with section 3(a) prior to the date on
        which the conference is held.
    (c) Authorization.--There are authorized to be appropriated such
sums as may be necessary for the purpose of carrying out this section.
    (d) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of Health and Human Services, acting
through the Administrator of the Centers for Medicare & Medicaid
Services.

Output:
Improved Medical Decision Incentive Act of 2007 - Allows a state health department to approve best practices in a course of, or as a means of treatment for, a particular condition, illness, or procedure, as the qualifying standard of care for the state in order to take advantage of the differential rates of payment implemented under the Social Security Act and the private insurance incentive under this Act.

Requires a state health department, among other conditions for state approval, to allow any duly constituted state medical society or medical speciality group to file with the state health department a course or means of treatment representing best practices for a particular condition, illness, or procedure.

Requires any interstate health insurer providing health care coverage within a state with approved qualifying best practices to pay all provider charges for any service provided in accordance with such practices.

Authorizes any such provider or specialty group to bring a civil action in an appropriate U.S. district court to enjoin efforts by any health insurer to challenge or delay payment for services provided by the provider or a member of the specialty group in accordance with such best practices.

Amends titles XVIII (Medicare) and XIX (Medicaid) to provide for implementation of differential rates of payment for covered items and services that favor treatment consistent with qualifying best practices under the Medicare and Medicaid programs.

Requires the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, to review annually and report to Congress on the efficacy of all qualifying best practices approved pursuant to this Act and, if applicable, any national best practices adopted pursuant to this Act.

Requires the Secretary also to host an annual conference on best practices for all state health directors, any state medical societies and medical specialty groups that have filed best practices for state approval, and any health insurers and advocacy groups that have participated in any administrative proceeding to approve best practices.


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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Patient Empowerment Act''.

SEC. 2. GUARANTEEING FREEDOM OF CHOICE AND CONTRACTING FOR PATIENTS.

    (a) In General.--Section 1802 of the Social Security Act (42 U.S.C.
1395a) is amended to read as follows:

       ``freedom of choice and contracting by patient guaranteed

    ``Sec. 1802.  (a) Basic Freedom of Choice.--Any individual entitled
to insurance benefits under this title may obtain health services from
any institution, agency, or person qualified to participate under this
title if such institution, agency, or person undertakes to provide that
individual such services.
    ``(b) Freedom To Contract by Medicare Beneficiaries.--
            ``(1) In general.--Subject to the provisions of this
        subsection, nothing in this title shall prohibit a Medicare
        beneficiary from entering into a contract with a participating
        or non-participating physician or practitioner for any item or
        service covered under this title.
            ``(2) Submission of claims.--Any Medicare beneficiary that
        enters into a contract under this section shall be permitted to
        submit a claim for payment under this title, and such payment
        shall be made in the amount that would otherwise apply under
        this title if such claim had been filed by a participating
        physician or practitioner (as defined in section 1842(i)(2)) in
        the payment area where the physician or practitioner covered by
        the contract resides. Payment made under this title for any
        item or service provided under the contract shall not render
        the physician a participating or non-participating physician,
        and as such, requirements of this title that may otherwise
        apply to a participating or non-participating physician would
        not apply with respect to any items or services furnished under
        the contract.
            ``(3) Beneficiary protections.--
                    ``(A) In general.--Paragraph (1) shall not apply to
                any contract unless--
                            ``(i) the contract is in writing, is signed
                        by the Medicare beneficiary and the physician
                        or practitioner, and establishes all terms of
                        the contract (including specific payment for
                        physicians' services covered by the contract)
                        before any item or service is provided pursuant
                        to the contract, and the beneficiary shall be
                        held harmless for any subsequent payment
                        charged for a service in excess of the amount
                        established under the contract during the
                        period the contract is in effect;
                            ``(ii) the contract contains the items
                        described in subparagraph (B); and
                            ``(iii) the contract is not entered into at
                        a time when the Medicare beneficiary is facing
                        an emergency medical condition or urgent health
                        care situation.
                    ``(B) Items required to be included in contract.--
                Any contract to provide items and services to which
                paragraph (1) applies shall clearly indicate to the
                Medicare beneficiary that by signing such contract the
                beneficiary--
                            ``(i) agrees to be responsible for payment
                        to such physician or practitioner for such
                        items or services under the terms of and
                        amounts established under the contract;
                            ``(ii) agrees to be responsible for
                        submitting claims under this title to the
                        Secretary, and to any other supplemental
                        insurance plan that may provide supplemental
                        insurance, for such items or services furnished
                        under the contract if such items or services
                        are covered by this title, unless otherwise
                        provided in the contract under subparagraph
                        (C)(i); and
                            ``(iii) acknowledges that no limits or
                        other payment incentives that may otherwise
                        apply under this title (such as the limits
                        under subsection (g) of section 1848 or
                        incentives under subsection (a)(5), (m), (q),
                        and (p) of such section) shall apply to amounts
                        that may be charged, or paid to a beneficiary
                        for, such items or services.
                Such contract shall also clearly indicate whether the
                physician or practitioner is excluded from
                participation under the Medicare program under section
                1128.
                    ``(C) Beneficiary elections under the contract.--
                Any Medicare beneficiary that enters into a contract
                under this section may elect to negotiate, as a term of
                the contract, a provision under which--
                            ``(i) the physician or practitioner shall
                        file claims on behalf of the beneficiary with
                        the Secretary and any supplemental insurance
                        plan for items or services furnished under the
                        contract if such items or services are covered
                        under this title or under the plan; and
                            ``(ii) the beneficiary assigns payment to
                        the physician for any claims filed by, or on
                        behalf of, the beneficiary with the Secretary
                        and any supplemental insurance plan for items
                        or services furnished under the contract.
                    ``(D) Exclusion of dual eligible individuals.--
                Paragraph (1) shall not apply to any contract if a
                beneficiary who is eligible for medical assistance
                under title XIX is a party to the contract.
            ``(4) Limitation on actual charge and claim submission
        requirement not applicable.--Section 1848(g) shall not apply
        with respect to any item or service provided to a Medicare
        beneficiary under a contract described in paragraph (1).
            ``(5) Construction.--Nothing in this section shall be
        construed to prohibit any physician or practitioner from
        maintaining an election and acting as a participating or non-
        participating physician or practitioner with respect to any
        patient not covered under a contract established under this
        section.
            ``(6) Definitions.--In this subsection:
                    ``(A) Medicare beneficiary.--The term `Medicare
                beneficiary' means an individual who is entitled to
                benefits under part A or enrolled under part B.
                    ``(B) Physician.--The term `physician' has the
                meaning given such term by paragraphs (1), (2), (3),
                and (4) of section 1861(r).
                    ``(C) Practitioner.--The term `practitioner' means
                a practitioner described in section 1842(b)(18)(C).
                    ``(D) Emergency medical condition.--The term
                `emergency medical condition' means a medical condition
                manifesting itself by acute symptoms of sufficient
                severity (including severe pain) such that a prudent
                layperson, with an average knowledge of health and
                medicine, could reasonably expect the absence of
                immediate medical attention to result in--
                            ``(i) serious jeopardy to the health of the
                        individual or, in the case of a pregnant woman,
                        the health of the woman or her unborn child;
                            ``(ii) serious impairment to bodily
                        functions; or
                            ``(iii) serious dysfunction of any bodily
                        organ or part.
                    ``(E) Urgent health care situation.--The term
                `urgent health care situation' means services furnished
                to an individual who requires services to be furnished
                within 12 hours in order to avoid the likely onset of
                an emergency medical condition.''.

SEC. 3. PREEMPTION OF STATE LAWS LIMITING CHARGES FOR PHYSICIAN AND
              PRACTITIONER SERVICES.

    (a) In General.--No State may impose a limit on the amount of
charges for services, furnished by a physician or practitioner, for
which payment is made under section 1848 of the Social Security Act (42
U.S.C. 1395w-4), and any such limit is hereby preempted.
    (b) State.--In this section, the term ``State'' includes the
District of Columbia, Puerto Rico, the Virgin Islands, Guam, and
American Samoa.

Output:
Medicare Patient Empowerment Act - Amends title XVIII (Medicare) of the Social Security Act to allow any Medicare beneficiary to enter into a contract with a non-participating (as well as with a participating) physician or practitioner for any item or service covered by Medicare. Allows such beneficiaries to submit a claim for Medicare payment in the amount that would otherwise apply if the claim had been filed by a participating physician or practitioner in the payment area where the physician or practitioner covered by the contract resides.

Requires a Medicare beneficiary to agree in writing in such a contract to: (1) pay the physician or practitioner for a Medicare-covered item or service; and (2) submit (in lieu of the physician or practitioner) a claim for Medicare payment. Allows a beneficiary, however, to negotiate, as a term of the contract, for the physician or practitioner to file such claims on the beneficiary's behalf.

Preempts state laws from limiting the amount of charges for physician and practitioner services for which Medicare payment is made.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Nicotine Poisoning Prevention
Act of 2015''.

SEC. 2. SPECIAL PACKAGING FOR LIQUID NICOTINE CONTAINERS.

    (a) Requirement.--Notwithstanding section 2(f)(2) of the Federal
Hazardous Substances Act (15 U.S.C. 1261(f)(2)) and section 3(a)(5) of
the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)), any nicotine
provided in a liquid nicotine container sold, offered for sale,
manufactured for sale, distributed in commerce, or imported into the
United States shall be packaged in accordance with the standards
provided in section 1700.15 of title 16, Code of Federal Regulations,
as determined through testing in accordance with the method described
in section 1700.20 of title 16, Code of Federal Regulations, and any
subsequent changes to such sections adopted by the Commission.
    (b) Savings Clause.--
            (1) In general.--Nothing in this Act shall be construed to
        limit or otherwise affect the authority of the Secretary of
        Health and Human Services to regulate, issue guidance, or take
        action regarding the manufacture, marketing, sale,
        distribution, importation, or packaging, including child-
        resistant packaging, of nicotine, liquid nicotine, liquid
        nicotine containers, electronic cigarettes, electronic nicotine
        delivery systems or other similar products that contain or
        dispense liquid nicotine, or any other nicotine-related
        products, including--
                    (A) authority under the Federal Food, Drug, and
                Cosmetic Act (21 U.S.C. 301 et seq.) and the Family
                Smoking Prevention and Tobacco Control Act (Public Law
                111-31) and the amendments made by such Act; and
                    (B) authority for the rulemaking entitled ``Deeming
                Tobacco Products to Be Subject to the Federal Food,
                Drug, and Cosmetic Act, as Amended by the Family
                Smoking Prevention and Tobacco Control Act; regulations
                on the Sale and Distribution of Tobacco Products and
                the Required Warning Statements for Tobacco Products''
                (April 2014) (FDA-2014-N-0189), the rulemaking entitled
                ``Nicotine Exposure Warnings and Child-Resistant
                Packaging for Liquid Nicotine, Nicotine-Containing E-
                Liquid(s), and Other Tobacco Products'' (June 2015)
                (FDA-2015-N-1514), and subsequent actions by the
                Secretary regarding packaging of liquid nicotine
                containers.
            (2) Consultation.--If the Secretary of Health and Human
        Services adopts, maintains, enforces, or imposes or continues
        in effect any packaging requirement for liquid nicotine
        containers, including a child-resistant packaging requirement,
        the Secretary shall consult with the Commission, taking into
        consideration the expertise of the Commission in implementing
        and enforcing this Act and the Poison Prevention Packaging Act
        of 1970 (15 U.S.C. 1471 et seq.).
    (c) Applicability.--Notwithstanding section 3(a)(5) of the Consumer
Product Safety Act (15 U.S.C. 2052(a)(5)) and section 2(f)(2) of the
Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)), the
requirement of subsection (a) shall be treated as a standard for the
special packaging of a household substance established under section
3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C.
1472(a)).
    (d) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Consumer
        Product Safety Commission.
            (2) Liquid nicotine container.--
                    (A) In general.--Notwithstanding section 2(f)(2) of
                the Federal Hazardous Substances Act (15 U.S.C.
                1261(f)(2)) and section 3(a)(5) of the Consumer Product
                Safety Act (15 U.S.C. 2052(a)(5)), the term ``liquid
                nicotine container'' means a package (as defined in
                section 2 of the Poison Prevention Packaging Act of
                1970 (15 U.S.C. 1471))--
                            (i) from which nicotine in a solution or
                        other form is accessible through normal and
                        foreseeable use by a consumer; and
                            (ii) that is used to hold soluble nicotine
                        in any concentration.
                    (B) Exclusion.--The term ``liquid nicotine
                container'' does not include a sealed, pre-filled, and
                disposable container of nicotine in a solution or other
                form in which such container is inserted directly into
                an electronic cigarette, electronic nicotine delivery
                system, or other similar product, if the nicotine in
                the container is inaccessible through customary or
                reasonably foreseeable handling or use, including
                reasonably foreseeable ingestion or other contact by
                children.
            (3) Nicotine.--The term ``nicotine'' means any form of the
        chemical nicotine, including any salt or complex, regardless of
        whether the chemical is naturally or synthetically derived.

SEC. 3. EFFECTIVE DATE.

    This Act shall take effect on the date that is 180 days after the
date of the enactment of this Act.

Output: .  Child Nicotine Poisoning Prevention Act of 2015 (Sec. 2) This bill requires any nicotine provided in a liquid nicotine container sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States to be packaged in accordance with the Consumer Product Safety Commission's (CPSC's) standards and testing procedures for special packaging that is difficult for children under five years of age to open or to obtain harmful contents from. The requirement must be treated as a standard for the special packaging of a household substance under the Poison Prevention Packaging Act of 1970. "Liquid nicotine container" is defined to: (1) include a package from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer and that is used to hold soluble nicotine in any concentration; and (2) exclude a sealed, pre-filled, and disposable container of nicotine in a solution or other form in which such container is inserted directly into an electronic cigarette, electronic nicotine delivery system, or other similar product, if the nicotine in the container is inaccessible through customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children. The bill applies to any form of chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived. The Department of Health and Human Services (HHS) must consult with the CPSC if HHS maintains, enforces, imposes, or continues in effect any packaging requirement for liquid nicotine containers, including a child-resistant packaging requirement.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hospital Price Reporting and
Disclosure Act of 2005''.

SEC. 2. PUBLIC DISCLOSURE OF HOSPITAL DATA.

    Part B of title II of the Public Health Service Act (42 U.S.C. 238
et seq.) is amended by adding at the end the following new section:

   ``data reporting by hospitals and ambulatory surgical centers and
                             public posting

    ``Sec. 249. (a) Semiannual Reporting Requirement.--Not later than
80 days after the end of each semiannual period beginning January 1 or
July 1 (beginning more than one year after the date of the enactment of
this section), a hospital and an ambulatory surgical center shall
report to the Secretary the following data:
            ``(1) In the case of a hospital--
                    ``(A) the frequency with which the hospital
                performed each service selected under subparagraph (A)
                or (B) of subsection (c)(1) in an inpatient or
                outpatient setting, respectively, during such period;
                    ``(B) the frequency with which the hospital
                administered a drug selected under subparagraph (D) of
                such subsection in an inpatient setting during such
                period; and
                    ``(C) if the service was so performed or the drug
                was so administered during such period--
                            ``(i) the total number of times the service
                        was so performed or the drug was so
                        administered during such period; and
                            ``(ii) the average and the median charge by
                        the hospital for such service or drug during
                        such period; and
            ``(2) In the case of an ambulatory surgical center--
                    ``(A) the frequency with which the center performed
                each service selected under subparagraph (C) of
                subsection (c)(1) during such period; and
                    ``(B) if the service was so performed during such
                period--
                            ``(i) the total number of times the service
                        was so performed during such period; and
                            ``(ii) the average and the median charge by
                        the center for such service during such period.
    ``(b) Public Availability of Data.--
            ``(1) Public posting of data.--The Secretary shall promptly
        post, on the official public Internet site of the Department of
        Health and Human Services, the data reported under subsection
        (a). Such data shall be set forth in a manner that promotes
        charge comparison among hospitals and ambulatory surgical
        centers.
            ``(2) Notice of availability.--A hospital and an ambulatory
        surgical center shall prominently post at each admission site
        of the hospital or center a notice of the availability of the
        data reported under subsection (a) on the official public
        Internet site under paragraph (1).
    ``(c) Selection of Services and Drugs.--For purposes of this
section:
            ``(1) Initial selection.--Based on national data, the
        Secretary shall select the following:
                    ``(A) The 25 most frequently performed services in
                a hospital inpatient setting.
                    ``(B) The 25 most frequently performed services in
                a hospital outpatient setting.
                    ``(C) The 25 most frequently performed services in
                an ambulatory surgical center setting.
                    ``(D) The 50 most frequently administered drugs in
                a hospital inpatient setting.
            ``(2) Updating selection.--The Secretary shall periodically
        update the services and drugs selected under paragraph (1).
    ``(d) Civil Money Penalty.--The Secretary may impose a civil money
penalty of not more than $10,000 for each knowing violation of
subsection (a) or (b)(2) by a hospital or an ambulatory surgical
center. The provisions of subsection (i)(2) of section 351A shall apply
with respect to civil money penalties under this subsection in the same
manner as such provisions apply to civil money penalties under
subsection (i)(1) of such section.
    ``(e) Administrative Provisions.--
            ``(1) In general.--The Secretary shall prescribe such
        regulations and issue such guidelines as may be required to
        carry out this section.
            ``(2) Classification of services.--The regulations and
        guidelines under paragraph (1) shall include rules on the
        classification of different services and the assignment of
        items and procedures to those services.
            ``(3) Rules.--The regulations and guidelines under
        paragraph (1) shall include rules regarding reporting of
        inpatient diagnostic related groups (DRGs), outpatient
        procedures and tests and classification of drugs.
        Classification of drugs may include unit, strength, and dosage
        information for reporting.
            ``(4) Computation of average and median charges.--
                    ``(A) In general.--The regulations and guidelines
                under paragraph (1) shall include a methodology for
                computing an average and median charge for a service or
                drug, in accordance with subparagraph (B).
                    ``(B) Methodology.--The methodology prescribed by
                the Secretary under subparagraph (A) shall ensure that
                an average and median charge for a service reflects the
                amount charged before any adjustment based on a
                negotiated rate with a third party.
            ``(5) Form of report and notice.--The regulations and
        guidelines under paragraph (1) shall specify the electronic
        form and manner by which a hospital or an ambulatory surgical
        center shall report data under subsection (a) and the form for
        posting of notices under subsection (b)(2).
    ``(f) Rules of Construction.--
            ``(1) Non-preemption of state laws.--Nothing in this
        section shall be construed as preempting or otherwise affecting
        any provision of State law relating to the disclosure of
        charges or other information for a hospital or an ambulatory
        surgical center.
            ``(2) Charges.--Nothing in this section shall be construed
        to regulate or set hospital or ambulatory surgical center
        charges.
    ``(g) Definitions.--In this section:
            ``(1) Hospital and ambulatory surgical center.--The terms
        `hospital' and `ambulatory surgical center' have the meaning
        given such terms by the Secretary.
            ``(2) Drug.--For purposes of this section, the term `drug'
        includes a biological and a non-prescription drug, such as an
        ointment.''.

Output:
Hospital Price Reporting and Disclosure Act of 2005 - Amends the Public Health Service Act to require a hospital or ambulatory surgical center to: (1) report data to the Secretary of Health and Human Services regarding the frequency of performing certain services and administering certain drugs and the charge by the hospital or center for such services or drugs; and (2) prominently post such information at each admission site. Requires the Secretary to: (1) publicly post such information in a manner that promotes charge comparisons among hospitals and centers; and (2) select which services or drugs are to be reported based on how frequently each service is performed or each drug is administered.

Allows the Secretary to impose a civil monetary penalty for violations of this Act.


Input:
SECTION 1. FINDINGS.

    The Congress finds as follows:
            (1) Raul Julia made his Broadway debut just a few weeks
        after arriving in New York City in 1964 in Calderon's ``Life is
        a Dream''.
            (2) Raul Julia, after only 3 years of living in New York
        City, was instrumental in opening doors for nontraditional
        parts for Hispanic actors by taking the role of Demetrius in
        Shakespeare's ``Titus Andronicus'' at the New York Shakespeare
        Festival and Cradeau in Sartre's ``No Exit''.
            (3) Raul Julia was the busiest Hispanic Shakespearean actor
        in New York and the first to establish a decades-long
        association with Joseph Papp and the New York Shakespeare
        Festival.
            (4) Raul Julia began an impressive and productive 28-year
        association with Joseph Papp and the New York Shakespeare
        Festival as Macduff in the Festival's Mobile Unit, Spanish
        language production of MacBeth.
            (5) Raul Julia became the first Puerto Rican actor to
        conquer Broadway stages by having his work be nominated for 4
        different Tony Awards in 10 years: ``Two Gentlemen of Verona'',
        ``Where's Charley?'', ``Threepenny Opera'', and ``Nine''.
            (6) Raul Julia provided a role model for millions of
        children in his role as ``Rafael, the Fix-It Man'' in Sesame
        Street.
            (7) Raul Julia was a dedicated leader in the fight against
        the rising rates of teen violence and cosponsored scriptwriting
        competitions for high school students as a way to encourage
        teenagers to express their emotions through art rather than
        through violence.
            (8) Raul Julia's dedication to help Hispanic-American film
        and television writers develop their work led him to co-found
        the Latino Playwrights Reading Workshops.
            (9) Raul Julia was instrumental in the formation of the now
        legendary Puerto Rico Traveling Theater, an off-Broadway
        nonprofit Puerto Rican theater that to this day continues to
        promote and showcase bilingual plays, new Hispanic playwrights
        and Spanish-speaking actors while bringing theater to those who
        cannot ordinarily afford it.
            (10) Raul Julia was a leader in the entertainment industry,
        particularly as a tireless mentor and role model to emerging
        Latino actors.
            (11) Raul Julia was a dedicated activist and humanitarian
        who in his lifetime became a major supporter and spokesperson
        for the Hunger Project, a nonprofit organization committed to
        the eradication of world hunger.
            (12) Raul Julia was tireless in his commitment to the
        Puerto Rican film industry and to the making of Spanish
        language films and continued to participate in small,
        independent, Spanish-language films even after having become a
        Hollywood star.
            (13) Raul Julia was an extremely successful stage, film and
        television actor who never abandoned his Puerto Rican heritage,
        never changed his name and never gave up his accent, thereby
        becoming an enduring role model for hundreds of Latino actors.
            (14) Raul Julia received the Hispanic Heritage Award
        recognizing his many career achievements for the Latino
        community, including his involvement in ``La Familia'', a New
        York City outreach program for Latino families in need, the
        Puerto Rican traveling theater, the Museo del Barrio, and the
        New York Shakespeare Festival.
            (15) Raul Julia received the National Board of Review Best
        Actor prize for his interpretation of the political prisoner
        Valentin in the award-winning landmark film ``The Kiss of the
        Spider Woman'', an award he shared with his co-star William
        Hurt.
            (16) Raul Julia posthumously received the prestigious Emmy
        Award, Cable Ace Award, Golden Globe Award, and the SAG Award,
        given by his fellow actors for his most famous roles including
        Chico Mendes in ``The Burning Season''.
            (17) Raul Julia was proud of his Puerto Rican heritage and
        his life and work reflected his strong commitment to his
        culture and the people of Puerto Rico.
            (18) Raul Julia was given a state funeral in Puerto Rico
        and since that time there have been many awards and honors
        created in his name: a scholarship at Julliard, a scholarship
        given to a promising young actor for the purpose of studying
        and performing Shakespeare at the Joseph Papp Public Theater,
        the Raul Julia Award for Excellence given annually by the
        National Endowment for the Hispanic Arts in Washington, DC, El
        Teatro Raul Julia in San Juan Puerto Rico, and the Raul Julia
        Global Citizen Award, an annual award being given this year for
        the first time by the Puerto Rican Family Institute based in
        New York City.
            (19) Raul Julia was recognized by the office of the Mayor
        of the city of New York with the creation of Raul Julia Day
        which was celebrated and commemorated in conjunction with
        Puerto Rican Heritage and Culture Month on November 21, 1994.

SEC. 2. CONGRESSIONAL GOLD MEDAL.

    (a) Presentation Authorized.--The Speaker of the House of
Representatives and the President Pro Tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design, to the family of the
late Raul Julia, in recognition of his dedication to ending world
hunger and his great contributions to the Latino community and to the
performing arts.
    (b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary.
    (c) Gifts and Donations.--The Secretary may accept, use, and
disburse gifts or donations of property or money to carry out this
section.

SEC. 3. DUPLICATE MEDALS.

    The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 2 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.

SEC. 4. STATUS OF MEDALS.

    (a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
    (b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.

SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.

    (a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the costs of the medals struck
pursuant to this Act.
    (b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 3 shall be deposited into the
United States Mint Public Enterprise Fund.

SEC. 6. TRANSFER OF ANY NET INCOME TO THE NEW YORK PUBLIC THEATER AND
              THE NEW YORK SHAKESPEARE FESTIVAL.

    If the sum of any gifts and donations received by the Secretary
under section 2(c) and any proceeds from the sale of duplicate medals
pursuant to section 3 exceeds the total amount of the costs incurred by
the Secretary in carrying out this Act, the Secretary shall transfer,
from the United States Mint Public Enterprise Fund, an amount equal
to--
            (1) 1/2 of such excess amount to the New York Public
        Theater; and
            (2) 1/2 of such excess amount to the New York Shakespeare
        Festival.

Output: Directs: (1) the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation of a congressional gold medal to the family of the late Raul Julia in recognition of his dedication to ending world hunger and his great contributions to the Latino community and the performing arts; and (2) the Secretary of the Treasury to transfer half of the amount by which the sum of any gifts and donations received and any proceeds from the sale of duplicate medals exceeds the costs incurred in carrying out this Act to the New York Public Theater and half to the New York Shakespeare Festival.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Junk Fax Prevention Act of 2004''.

SEC. 2. PROHIBITION ON FAX TRANSMISSIONS CONTAINING UNSOLICITED
              ADVERTISEMENTS.

    (a) Prohibition.--Subparagraph (C) of section 227(b)(1) of the
Communications Act of 1934 (47 U.S.C. 227(b)(1)(C)) is amended to read
as follows:
                    ``(C) to use any telephone facsimile machine,
                computer, or other device to send, to a telephone
                facsimile machine, an unsolicited advertisement--
                            ``(i) to a person who has made a request to
                        such sender that complies with the requirements
                        under paragraph (2)(D), not to send future
                        unsolicited advertisements to a telephone
                        facsimile machine; or
                            ``(ii) to a person not described in clause
                        (i), unless--
                                    ``(I) the sender has an established
                                business relationship (which term, for
                                purposes of this subclause, shall have
                                the meaning given the term in section
                                64.1200 of the Commission's
                                regulations, as in effect on January 1,
                                2003, except that such term shall apply
                                to a business subscriber in the same
                                manner in which it applies to a
                                residential subscriber) with such
                                person; and
                                    ``(II) the unsolicited
                                advertisement contains a conspicuous
                                notice on the first page of the
                                unsolicited advertisement that--
                                            ``(aa) states that the
                                        recipient may make a request to
                                        the sender of the unsolicited
                                        advertisement not to send any
                                        future unsolicited
                                        advertisements to such
                                        telephone facsimile machine and
                                        that failure to comply, within
                                        the shortest reasonable time,
                                        as determined by the
                                        Commission, with such a request
                                        meeting the requirements under
                                        paragraph (2)(D) is unlawful;
                                            ``(bb) sets forth the
                                        requirements for a request
                                        under paragraph (2)(D); and
                                            ``(cc) includes a domestic
                                        contact telephone and facsimile
                                        number for the recipient to
                                        transmit such a request to the
                                        sender, neither of which may be
                                        a number for a pay-per-call
                                        service (as such term is
                                        defined in section 228(i)); any
                                        number supplied shall permit an
                                        individual or business to make
                                        a do-not-fax request during
                                        regular business hours; or''.
    (b) Request to Opt-Out of Future Unsolicited Advertisements.--
Paragraph (2) of section 227(b) of the Communications Act of 1934 (47
U.S.C. 227(b)(2)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end
        and inserting a semicolon; and
            (3) by adding at the end the following new subparagraphs:
                    ``(D) shall provide, by rule, that a request not to
                send future unsolicited advertisements to a telephone
                facsimile machine complies with the requirements under
                this subparagraph only if--
                            ``(i) the request identifies the telephone
                        number of the telephone facsimile machine to
                        which the request relates;
                            ``(ii) the request is made to the telephone
                        or facsimile number of the sender of such an
                        unsolicited advertisement provided pursuant to
                        paragraph (1)(C)(ii)(II)(cc) or by any other
                        method of communication as determined by the
                        Commission; and
                            ``(iii) the person making the request has
                        not, subsequent to such request, provided
                        express invitation or permission to the sender,
                        in writing or otherwise, to send such
                        advertisements to such person at such telephone
                        facsimile machine; and
                    ``(E) may, in the discretion of the Commission and
                subject to such conditions as the Commission may
                prescribe, allow professional trade associations that
                are tax-exempt nonprofit organizations to send
                unsolicited advertisements to their members in
                furtherance of the association's tax-exempt purpose
                that do not contain the notice required by paragraph
                (1)(C)(ii)(II), except that the Commission may take
                action under this subparagraph only by regulation
                issued after notice and opportunity for public comment
                in accordance with section 553 of title 5, United
                States Code, and only if the Commission determines that
such notice is not necessary to protect the right of the members of
such trade associations to make a request to their trade associations
not to send any future unsolicited advertisements.''.
    (c) Unsolicited Advertisement.--Paragraph (4) of section 227(a) of
the Communications Act of 1934 (47 U.S.C. 227(a)(4)) is amended by
inserting ``, in writing or otherwise'' before the period at the end.
    (d) Regulations.--Not later than 270 days after the date of the
enactment of this Act, the Federal Communications Commission shall
issue regulations to implement the amendments made by this section.

SEC. 3. FCC ANNUAL REPORT REGARDING JUNK FAX ENFORCEMENT.

    Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is
amended by adding at the end the following new subsection:
    ``(g) Junk Fax Enforcement Report.--The Commission shall submit a
report to the Congress for each year regarding the enforcement of the
provisions of this section relating to sending of unsolicited
advertisements to telephone facsimile machines, which shall include the
following information:
            ``(1) The number of complaints received by the Commission
        during such year alleging that a consumer received an
        unsolicited advertisement via telephone facsimile machine in
        violation of the Commission's rules.
            ``(2) The number of such complaints received during the
        year on which the Commission has taken action.
            ``(3) The number of such complaints that remain pending at
        the end of the year.
            ``(4) The number of citations issued by the Commission
        pursuant to section 503 during the year to enforce any law,
        regulation, or policy relating to sending of unsolicited
        advertisements to telephone facsimile machines.
            ``(5) The number of notices of apparent liability issued by
        the Commission pursuant to section 503 during the year to
        enforce any law, regulation, or policy relating to sending of
        unsolicited advertisements to telephone facsimile machines.
            ``(6) For each such notice--
                    ``(A) the amount of the proposed forfeiture penalty
                involved;
                    ``(B) the person to whom the notice was issued;
                    ``(C) the length of time between the date on which
                the complaint was filed and the date on which the
                notice was issued; and
                    ``(D) the status of the proceeding.
            ``(7) The number of final orders imposing forfeiture
        penalties issued pursuant to section 503 during the year to
        enforce any law, regulation, or policy relating to sending of
        unsolicited advertisements to telephone facsimile machines.
            ``(8) For each such forfeiture order--
                    ``(A) the amount of the penalty imposed by the
                order;
                    ``(B) the person to whom the order was issued;
                    ``(C) whether the forfeiture penalty has been paid;
                and
                    ``(D) the amount paid.
            ``(9) For each case in which a person has failed to pay a
        forfeiture penalty imposed by such a final order, whether the
        Commission referred such matter to the Attorney General for
        recovery of the penalty.
            ``(10) For each case in which the Commission referred such
        an order to the Attorney General--
                    ``(A) the number of days from the date the
                Commission issued such order to the date of such
                referral;
                    ``(B) whether the Attorney General has commenced an
                action to recover the penalty, and if so, the number of
                days from the date the Commission referred such order
                to the Attorney General to the date of such
                commencement; and
                    ``(C) whether the recovery action resulted in
                collection of any amount, and if so, the amount
                collected.''.

SEC. 4. GAO STUDY OF JUNK FAX ENFORCEMENT.

    (a) In General.--The Comptroller General of the United States shall
conduct a study regarding complaints received by the Federal
Communications Commission concerning unsolicited advertisements sent to
telephone facsimile machines, which shall determine--
            (1) the number and nature of such complaints;
            (2) the number of such complaints that result in final
        agency actions by the Commission;
            (3) the length of time taken by the Commission in
        responding to such complaints;
            (4) the mechanisms established by the Commission to
        receive, investigate, and respond to such complaints;
            (5) the level of enforcement success achieved by the
        Commission and the Attorney General regarding such complaints;
            (6) whether complainants to the Commission are adequately
        informed by the Commission of the responses to their
        complaints; and
            (7) whether additional enforcement measures are necessary
        to protect consumers, including recommendations regarding such
        additional enforcement measures.
    (b) Additional Enforcement Remedies.--In conducting the analysis
and making the recommendations required under paragraph (7) of
subsection (a), the Comptroller General shall specifically examine--
            (1) the adequacy of existing statutory enforcement actions
        available to the Commission;
            (2) the adequacy of existing statutory enforcement actions
        and remedies available to consumers;
            (3) the impact of existing statutory enforcement remedies
        on senders of facsimiles;
            (4) whether increasing the amount of financial penalties is
        warranted to achieve greater deterrent effect; and
            (5) whether establishing penalties and enforcement actions
        for repeat violators or abusive violations similar to those
        established by section 4 of the CAN-SPAM Act of 2003 (15 U.S.C.
        7703) would have a greater deterrent effect.
    (c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Comptroller General shall submit a report on
the results of the study under this section to Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.

Output:
Junk Fax Prevention Act of 2004 - Amends the Communications Act of 1934 to prohibit a person from using any telephone facsimile (fax) machine, computer, or other device to send, to another fax machine, an unsolicited advertisement to a person who has requested that such sender not send such advertisements, or to any other person unless: (1) the sender has an established business relationship with the person; and (2) the advertisement contains a conspicuous notice on its first page that the recipient may request not to be sent any further unsolicited advertisements, and includes a domestic telephone and fax number (neither of which can be a pay-per-call number) for sending such a request.

Requires the Federal Communications Commission (FCC) to provide by rule that a request not to send unsolicited advertisements complies with legal requirements if: (1) the request identifies the recipient fax number to which the request relates; (2) the request is made to the telephone or fax number of the sender; and (3) the person making the request has not subsequently provided express invitation or permission to have such advertisements sent. Authorizes the FCC to allow professional tax-exempt trade associations to send unsolicited advertisements to their members in furtherance of association purposes.

Requires the: (1) FCC to report annually to Congress on the enforcement of the above requirements; and (2) Comptroller General to study, and report to specified congressional committees on, complaints received by the FCC concerning unsolicited advertisements sent to fax machines.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Just and Lasting Peace in Sudan Act
of 2008''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means the Committee on
        Foreign Affairs of the House of Representatives and the
        Committee on Foreign Relations of the Senate.
            (2) Government of sudan.--The term ``Government of Sudan''
        means Sudan's Government of National Unity. Such term does not
        include the Government of Southern Sudan (GOSS).
            (3) SPLM.--The term ``SPLM'' means the Sudan People's
        Liberation Movement.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) The United States Government rightfully declared the
        atrocities in the Darfur region of Sudan to be genocide. More
        than 450,000 people have been killed and an estimated 2,500,000
        people have been displaced since the crisis erupted in 2003.
            (2) The Government of Sudan continues to commit atrocities
        against innocent civilians in Darfur. According to a March 25,
        2008, report by the United Nations Secretary-General,
        ``increased hostilities in Western Darfur over the reporting
        period have led to significant displacement and loss of
        civilian life, while also inhibiting humanitarian access to
        civilian populations affected by the fighting''.
            (3) In October 2007, the Government of Southern Sudan
        suspended the participation of its ministers, state ministers,
        and presidential advisors from Sudan's Government of National
        Unity to protest measures taken by the National Congress Party
        and to demand full implementation of the Comprehensive Peace
        Agreement (CPA).
            (4) Implementation of the CPA by the Government of National
        Unity has been selective and at times deliberately slow. The
        Government of Sudan has not yet implemented the Abyei Boundary
        Commission (ABC) recommendations. The ABC was mandated to
        ``define and demarcate'' the area known as the 9 Ngok Dinka
        Chiefdoms transferred in 1905 to Kordofan in North Sudan.
            (5) The ABC was chaired by former United States Ambassador
        to Sudan Donald Peterson, with active international engagement.
        In July 2005, the ABC submitted its final report to the Sudan's
        presidency. According to the CPA, ``upon presentation of the
        final report, the Presidency shall take necessary action to put
        the special administration status of Abyei Area into immediate
        effect''.
            (6) According to a September 2007 report by the United
        Nations Secretary-General, the lack of administration in Abyei
        has hampered CPA activities and left gaps in policing, public
        sanitation, and health services. Continued intransigence on
        this issue is likely to lead to war.
            (7) The Government of Sudan is well known to signing peace
        agreements and make commitments but has consistently failed to
        honor these agreements.
            (8) Efforts to hold individuals accountable for the
        genocide in Darfur have not been successful in large part
        because the Government of Sudan refuses to cooperate with the
        International Criminal Court (ICC) and protects indicted
        individuals by the ICC.
            (9) In April 2008, Special Envoy Richard Williamson and a
        Government of Sudan delegation led by Nafi Ali Nafi, a man
        responsible for many of Sudan's international terror links and
        domestic atrocities, met in Rome to discuss normalization of
        relations between Sudan and the United States.
            (10) Nafi Ali Nafi was the security chief when Sudan gave
        safe haven to Osama bin Laden in the 1990s, a period when Bin
        Laden began to build his terror network. Nafi was also a key
        player in support of Gama'a Islamia, a group that tried to
        assassinate Egyptian President Hosni Mubarak. The weapons used
        in the assassination attempt were reportedly flown by Sudan
        Airways, and after the failed attempt, one of the assassins was
        flown to Sudan on Sudan Airways.

SEC. 4. CODIFICATION OF EXISTING SANCTIONS IN SUPPORT OF A JUST AND
              LASTING PEACE IN SUDAN.

    (a) In General.--Sanctions against the Government of Sudan that
were imposed pursuant to any provision of law, as in effect on the date
of the enactment of this Act, including sanctions against the
Government of Sudan that were imposed pursuant to any executive order
or other administrative action, shall remain in effect against the
Government of Sudan and shall not be lifted pursuant to such provisions
of law until the President certifies to the appropriate congressional
committees that the Government of Sudan has met the conditions
described in subsection (b) for a period of not less than one year.
    (b) Conditions Described.--The conditions referred to in subsection
(a) are the following:
            (1) The Government of Sudan fully implements the
        Comprehensive Peace Agreement (CPA) and the Darfur Peace
        Agreement (DPA).
            (2) The Abyei Boundary Commission (ABC) recommendations are
        implemented and oil revenue shares are paid retroactively.
            (3) The Government of Sudan hands over to the International
        Criminal Court (ICC) all indicted individuals without any
        delay.
            (4) The Government of Sudan ends its atrocities against
        innocent civilians in Darfur and other parts of Sudan.
            (5) The Government of Sudan allows the deployment of the
        United Nations African Union Mission in Darfur (UNAMID) forces
        and allows unhindered access to humanitarian workers.
            (6) The Government of Sudan ends its ties with known
        terrorist organizations and individuals.
            (7) Senior officials in the Government of Sudan are held
        accountable for crimes committed in the Nuba, South Sudan,
        Southern Blue Nile, and Eastern Sudan.
            (8) Senior officials in the Government of Sudan are held
        accountable for their support for Osama bin Laden and other
        terrorist groups.
    (c) Monitoring Mechanism.--The President of the United States shall
establish a mechanism to monitor and ensure that the Government of
Sudan is meeting the conditions described in subsection (b).
    (d) Sense of Congress.--It is the sense of Congress that the United
States Government should not normalize relations with the Government of
Sudan until the conditions described in subsection (b) have been
implemented for a period of not less than one year as described in
subsection (a).

Output:
Just and Lasting Peace in Sudan Act of 2008 - Prohibits sanctions imposed against the government of Sudan from being lifted until the President certifies to the appropriate congressional committees that the following conditions have been met for at least one year: (1) the government of Sudan (government) implements the Comprehensive Peace Agreement and the Darfur Peace Agreement; (2) the Abyei Boundary Commission recommendations are implemented and oil revenue shares are paid retroactively; (3) the government hands over to the International Criminal Court (ICC) all indicted individuals; (4) the government ends its atrocities against innocent civilians in Darfur and other parts of Sudan; (5) the government allows the deployment of United Nations African Union Mission in Darfur forces and allows unhindered access to humanitarian workers; (6) the government ends its terrorist ties; and (7) senior government officials are held accountable for crimes committed in the Nuba, South Sudan, Southern Blue Nile, and Eastern Sudan, and for their support for Osama bin Laden and other terrorist groups.

Expresses the sense of Congress that the U.S. government should not normalize relations with Sudan until such conditions have been implemented for at least one year.


Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Eliminating
Improper and Abusive IRS Audits Act of 2014''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Civil damages allowed for reckless or intentional disregard of
                            internal revenue laws.
Sec. 3. Modifications relating to certain offenses by officers and
                            employees in connection with revenue laws.
Sec. 4. Modifications relating to civil damages for unauthorized
                            inspection or disclosure of returns and
                            return information.
Sec. 5. Extension of time for contesting IRS levy.
Sec. 6. Increase in monetary penalties for certain unauthorized
                            disclosures of information.
Sec. 7. Ban on raising new issues on appeal.
Sec. 8. Limitation on enforcement of liens against principal
                            residences.
Sec. 9. Additional provisions relating to mandatory termination for
                            misconduct.
Sec. 10. Extension of declaratory judgment procedures to social welfare
                            organizations.
Sec. 11. Review by the Treasury Inspector General for Tax
                            Administration.

SEC. 2. CIVIL DAMAGES ALLOWED FOR RECKLESS OR INTENTIONAL DISREGARD OF
              INTERNAL REVENUE LAWS.

    (a) Increase in Amount of Damages.--Section 7433(b) of the Internal
Revenue Code of 1986 is amended by striking ``$1,000,000 ($100,000, in
the case of negligence)'' and inserting ``$3,000,000 ($300,000, in the
case of negligence)''.
    (b) Extension of Time To Bring Action.--Section 7433(d)(3) of the
Internal Revenue Code of 1986 is amended by striking ``2 years'' and
inserting ``5 years''.
    (c) Effective Date.--The amendments made by this section shall
apply to actions of employees of the Internal Revenue Service after the
date of the enactment of this Act.

SEC. 3. MODIFICATIONS RELATING TO CERTAIN OFFENSES BY OFFICERS AND
              EMPLOYEES IN CONNECTION WITH REVENUE LAWS.

    (a) Increase in Penalty.--Section 7214 of the Internal Revenue Code
of 1986 is amended--
            (1) by striking ``$10,000'' in subsection (a) and inserting
        ``$25,000'', and
            (2) by striking ``$5,000'' in subsection (b) and inserting
        ``$10,000''.
    (b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.

SEC. 4. MODIFICATIONS RELATING TO CIVIL DAMAGES FOR UNAUTHORIZED
              INSPECTION OR DISCLOSURE OF RETURNS AND RETURN
              INFORMATION.

    (a) Increase in Amount of Damages.--Subparagraph (A) of section
7431(c)(1) of the Internal Revenue Code of 1986 is amended by striking
``$1,000'' and inserting ``$10,000''.
    (b) Effective Date.--The amendment made by this section shall apply
to inspections and disclosure occurring on and after the date of the
enactment of this Act.

SEC. 5. EXTENSION OF TIME FOR CONTESTING IRS LEVY.

    (a) Extension of Time for Return of Property Subject to Levy.--
Subsection (b) of section 6343 of the Internal Revenue Code of 1986 is
amended by striking ``9 months'' and inserting ``3 years''.
    (b) Period of Limitation on Suits.--Subsection (c) of section 6532
of the Internal Revenue Code of 1986 is amended--
            (1) in paragraph (1) by striking ``9 months'' and inserting
        ``3 years'', and
            (2) in paragraph (2) by striking ``9-month'' and inserting
        ``3-year''.
    (c) Effective Date.--The amendments made by this section shall
apply to--
            (1) levies made after the date of the enactment of this
        Act, and
            (2) levies made on or before such date if the 9-month
        period has not expired under section 6343(b) of the Internal
        Revenue Code of 1986 (without regard to this section) as of
        such date.

SEC. 6. INCREASE IN MONETARY PENALTIES FOR CERTAIN UNAUTHORIZED
              DISCLOSURES OF INFORMATION.

    (a) In General.--Paragraphs (1), (2), (3), and (4) of section
7213(a) of the Internal Revenue Code of 1986 are each amended by
striking ``$5,000'' and inserting ``$10,000''.
    (b) Effective Date.--The amendments made by this section shall
apply to disclosures made after the date of the enactment of this Act.

SEC. 7. BAN ON RAISING NEW ISSUES ON APPEAL.

    (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new section:

``SEC. 7529. PROHIBITION ON INTERNAL REVENUE SERVICE RAISING NEW ISSUES
              IN AN INTERNAL APPEAL.

    ``(a) In General.--In reviewing an appeal of any determination
initially made by the Internal Revenue Service, the Internal Revenue
Service Office of Appeals may not consider or decide any issue that is
not within the scope of the initial determination.
    ``(b) Certain Issues Deemed Outside of Scope of Determination.--For
purposes of subsection (a), the following matters shall be considered
to be not within the scope of a determination:
            ``(1) Any issue that was not raised in a notice of
        deficiency or an examiner's report which is the subject of the
        appeal.
            ``(2) Any deficiency in tax which was not included in the
        initial determination.
            ``(3) Any theory or justification for a tax deficiency
        which was not considered in the initial determination.
    ``(c) No Inference With Respect to Issues Raised by Taxpayers.--
Nothing in this section shall be construed to provide any limitation in
addition to any limitations in effect on the date of the enactment of
this section on the right of a taxpayer to raise an issue, theory, or
justification on an appeal from a determination initially made by the
Internal Revenue Service that was not within the scope of the initial
determination.''.
    (b) Clerical Amendment.--The table of sections for chapter 77 of
such Code is amended by adding at the end the following new item:

``Sec. 7529. Prohibition on Internal Revenue Service raising new issues
                            in an internal appeal.''.
    (c) Effective Date.--The amendments made by this section shall
apply to matters filed or pending with the Internal Revenue Service
Office of Appeals on or after the date of the enactment of this Act.

SEC. 8. LIMITATION ON ENFORCEMENT OF LIENS AGAINST PRINCIPAL
              RESIDENCES.

    (a) In General.--Section 7403(a) of the Internal Revenue Code of
1986 is amended--
            (1) by striking ``In any case'' and inserting the
        following:
            ``(1) In general.--In any case'', and
            (2) by adding at the end the following new paragraph:
            ``(2) Limitation with respect to principal residence.--
                    ``(A) In general.--Paragraph (1) shall not apply to
                any property used as the principal residence of the
                taxpayer (within the meaning of section 121) unless the
                Secretary of the Treasury makes a written determination
                that--
                            ``(i) all other property of the taxpayer,
                        if sold, is insufficient to pay the tax or
                        discharge the liability, and
                            ``(ii) such action will not create an
                        economic hardship for the taxpayer.
                    ``(B) Delegation.--For purposes of this paragraph,
                the Secretary of the Treasury may not delegate any
                responsibilities under subparagraph (A) to any person
                other than--
                            ``(i) the Commissioner of Internal Revenue,
                        or
                            ``(ii) a district director or assistant
                        district director of the Internal Revenue
                        Service.''.
    (b) Effective Date.--The amendments made by this section shall
apply to actions filed after the date of the enactment of this Act.

SEC. 9. ADDITIONAL PROVISIONS RELATING TO MANDATORY TERMINATION FOR
              MISCONDUCT.

    (a) Termination of Unemployment for Inappropriate Review of Tax-
Exempt Status.--Section 1203(b) of the Internal Revenue Service
Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended
by striking ``and'' at the end of paragraph (9), by striking the period
at the end of paragraph (10) and inserting ``; and'', and by adding at
the end the following new paragraph:
            ``(11) in the case of any review of an application for tax-
        exempt status by an organization described in section 501(c) of
        the Internal Revenue Code of 1986, developing or using any
        methodology that applies disproportionate scrutiny to any
        applicant based on the ideology expressed in the name or
        purpose of the organization.''.
    (b) Mandatory Unpaid Administrative Leave for Misconduct.--
Paragraph (1) of Section 1203(c) of the Internal Revenue Service
Restructuring and Reform Act of 1998 (26 U.S.C. 7804 note) is amended
by adding at the end the following new sentence: ``Notwithstanding the
preceding sentence, if the Commissioner of Internal Revenue takes a
personnel action other than termination for an act or omission
described in subsection (b), the Commissioner shall place the employee
on unpaid administrative leave for a period of not less than 30
days.''.
    (c) Limitation on Alternative Punishment.--Paragraph (1) of section
1203(c) of the Internal Revenue Service Restructuring and Reform Act of
1998 (26 U.S.C. 7804 note) is amended by striking ``The Commissioner''
and inserting ``Except in the case of an act or omission described in
subsection (b)(3)(A), the Commissioner''.

SEC. 10. EXTENSION OF DECLARATORY JUDGMENT PROCEDURES TO SOCIAL WELFARE
              ORGANIZATIONS.

    (a) In General.--Section 7428(a)(1) of the Internal Revenue Code of
1986 is amended by striking ``or'' at the end of subparagraph (C) and
by adding at the end the following new subparagraph:
                    ``(E) with respect to the initial classification or
                continuing classification of an organization described
                in section 501(c)(4) which is exempt from tax under
                section 501(a), or''.
    (b) Effective Date.--The amendments made by this section shall
apply with respect to pleading filed after the date of the enactment of
this Act.

SEC. 11. REVIEW BY THE TREASURY INSPECTOR GENERAL FOR TAX
              ADMINISTRATION.

    (a) Review.--Subsection (k)(1) of section 8D of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) by redesignating subparagraph (D) as subparagraph (E);
            (3) by inserting after subparagraph (C) the following new
        subparagraph:
                    ``(D) shall--
                            ``(i) review any criteria employed by the
                        Internal Revenue Service to select tax returns
                        (including applications for recognition of tax-
                        exempt status) for examination or audit,
                        assessment or collection of deficiencies,
                        criminal investigation or referral, refunds for
                        amounts paid, or any heightened scrutiny or
                        review in order to determine whether the
                        criteria discriminates against taxpayers on the
                        basis of race, religion, or political ideology;
                        and
                            ``(ii) consult with the Internal Revenue
                        Service on recommended amendments to such
                        criteria in order to eliminate any
                        discrimination identified pursuant to the
                        review described in clause (i); and''; and
            (4) in subparagraph (E), as so redesignated, by striking
        ``and (C)'' and inserting ``(C), and (D)''.
    (b) Semiannual Report.--Subsection (g) of such section is amended
by adding at the end the following new paragraph:
            ``(3) Any semiannual report made by the Treasury Inspector
        General for Tax Administration that is required pursuant to
        section 5(a) shall include--
                    ``(A) a statement affirming that the Treasury
                Inspector General for Tax Administration has reviewed
                the criteria described in subsection (k)(1)(D) and
                consulted with the Internal Revenue Service regarding
                such criteria; and
                    ``(B) a description and explanation of any such
                criteria that was identified as discriminatory by the
                Treasury Inspector General for Tax Administration.''.

Output: Eliminating Improper and Abusive IRS Audits Act of 2014 - Amends the Internal Revenue Code to: (1) increase the maximum amount of civil damages for which Internal Revenue Service (IRS) officers or employees shall be liable for reckless, intentional, or negligent disregard of internal revenue laws and extend the period for bringing a claim for such damages; (2) increase the penalties against federal officers and employees for violations of internal revenue laws and for unauthorized inspection or disclosure of tax returns and return information; (3) extend the period in which taxpayer property that has been wrongfully levied upon may be returned and the period for bringing suit for a wrongful tax levy; (4) increase civil fines for unauthorized disclosures of tax return information; (5) prohibit the consideration by the IRS Office of Appeal on appeal of any issue that was not within the scope of the initial determination; (6) prohibit a tax lien against a taxpayer's principal residence unless a written determination is made that all other property of the taxpayer, if sold, is insufficient to pay the tax liability and the lien will not create an economic hardship for the taxpayer; (7) require the termination of an IRS employee for disproportionate scrutiny of an organization applying for tax-exempt status based on the ideology expressed in the name or purpose of the organization; (8) allow a declaratory judgment with respect to the initial or continuing classification of a tax-exempt social welfare organization; and (9) require the Inspector General for Tax Administration of the Department of the Treasury to review any IRS criteria for selection of tax returns for examination or audit, assessment or collection of deficiencies, criminal investigation or referral, refunds for amounts paid, or any heightened scrutiny or review to determine whether such criteria discriminates against taxpayers on the basis of race, religion, or political ideology and to consult with the IRS on recommended amendments to such criteria.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Innovation Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advanced fission reactor.--The term ``advanced fission
        reactor'' means a nuclear fission reactor with significant
        improvements over the most recent generation of nuclear
        reactors, which may include inherent safety features, lower
        waste yields, greater fuel utilization, superior reliability,
        resistance to proliferation, and increased thermal efficiency.
            (2) Department.--The term ``Department'' means the
        Department of Energy.
            (3) National laboratories.--The term ``National
        Laboratories'' has the meaning given the term in section 2 of
        the Energy Policy Act of 2005 (42 U.S.C. 15801).
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Energy.

SEC. 3. HIGH-PERFORMANCE COMPUTATION AND SUPPORTIVE RESEARCH.

    (a) Modeling and Simulation.--The Secretary shall carry out a
program to enhance the Nation's capabilities to develop new reactor
technologies through high-performance computation modeling and
simulation techniques. This program shall coordinate with relevant
Federal agencies through the National Strategic Computing Initiative
created under Executive Order 13702 (July 29, 2015) while taking into
account the following objectives:
            (1) Utilizing expertise from the private sector,
        universities, and National Laboratories to develop
        computational software and capabilities that prospective users
        may access to accelerate research and development of advanced
        fission reactor systems, nuclear fusion systems, and reactor
        systems for space exploration.
            (2) Developing computational tools to simulate and predict
        nuclear phenomena that may be validated through physical
        experimentation.
            (3) Increasing the utility of the Department's research
        infrastructure by coordinating with the Advanced Scientific
        Computing Research program within the Office of Science.
            (4) Leveraging experience from the Energy Innovation Hub
        for Modeling and Simulation.
            (5) Ensuring that new experimental and computational tools
        are accessible to relevant research communities.
    (b) Supportive Research Activities.--The Secretary shall consider
support for additional research activities to maximize the utility of
its research facilities, including physical processes to simulate
degradation of materials and behavior of fuel forms and for validation
of computational tools.

SEC. 4. ENABLING NUCLEAR ENERGY INNOVATION.

    (a) National Reactor Innovation Center.--The Secretary shall carry
out a program to enable the testing and demonstration of reactor
concepts to be proposed and funded by the private sector. The Secretary
shall leverage the technical expertise of relevant Federal agencies and
National Laboratories in order to minimize the time required to enable
construction and operation of privately funded experimental reactors at
National Laboratories or other Department-owned sites while ensuring
reasonable safety for persons working within these sites. Such reactors
shall operate to meet the following objectives:
            (1) Enabling physical validation of novel reactor concepts.
            (2) Resolving technical uncertainty and increasing
        practical knowledge relevant to safety, resilience, security,
        and functionality of first-of-a-kind reactor concepts.
            (3) General research and development to improve nascent
        technologies.
    (b) Reporting Requirement.--Not later than 180 days after the date
of enactment of this Act, the Secretary, in consultation with the
National Laboratories, relevant Federal agencies, and other
stakeholders, shall transmit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report assessing the Department's
capabilities to authorize, host, and oversee privately funded fusion
and advanced fission experimental reactors as described under
subsection (a). The report shall address the following:
            (1) The Department's safety review and oversight
        capabilities, including options to leverage expertise from the
        Nuclear Regulatory Commission and National Laboratories.
            (2) Potential sites capable of hosting activities described
        under subsection (a).
            (3) The efficacy of the Department's available contractual
        mechanisms to partner with the private sector and Federal
        agencies, including cooperative research and development
        agreements, strategic partnership projects, and agreements for
        commercializing technology.
            (4) Potential cost structures related to physical security,
        decommissioning, liability, and other long term project costs.
            (5) Other challenges or considerations identified by the
        Secretary.

Output: Nuclear Innovation Act This bill directs the Department of Energy (DOE) to carry out a program for enhancing the U.S. capability to develop new reactor technologies through high-performance computation modeling and simulation techniques. Such program shall coordinate with relevant federal agencies through the National Strategic Computing Initiative while taking into account specified objectives. DOE shall also carry out a program to:  enable the testing and demonstration of reactor concepts proposed and funded by the private sector, and leverage the technical expertise of relevant federal agencies and national laboratories to minimize the time required to enable construction and operation of privately funded experimental reactors at national laboratories or other DOE-owned sites.   These reactors shall operate to:  enable physical validation of novel reactor concepts; resolve technical uncertainty and increase practical knowledge relevant to safety, resilience, security, and functionality of first-of-a-kind reactor concepts; and  generate research and development to improve nascent technologies.