SECTION 1. SHORT TITLE. This Act may be cited as the ``NATO Expansion Act of 1994''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) On January 10, 1994, the leaders of the NATO member nations meeting in Brussels, Belgium, issued an invitation to European countries that do not belong to NATO to participate in a program of expanded cooperation with NATO called the Partnership for Peace. (2) In that invitation, the leaders of the NATO member nations stated: ``We reaffirm that the Alliance, as provided in Article 10 of the Washington Treaty, remains open to the membership of other European states in a position to further the principles of the Treaty and to contribute to the security of the North Atlantic area. We expect and would welcome NATO expansion that would reach to democratic states to our East, as part of an evolutionary process, taking into account political and security developments in the whole of Europe.''. (3) The political and economic transformation of the formerly communist-ruled countries of Europe has been under way since 1989. In establishing a new Strategic Concept for NATO in November 1991, the leaders of the NATO member nations observed: ``All the countries that were formerly adversaries of NATO have dismantled the Warsaw Pact and rejected ideological hostility to the West. They have in varying degrees, embraced and begun to implement policies aimed at achieving pluralistic democracy, the rule of law, respect for human rights and a market economy.''. (4) In particular, Poland, Hungary, the Czech Republic, and Slovakia have made significant progress toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law since the fall of their previous communist governments. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) the leaders of the NATO member nations are to be commended for reaffirming that NATO membership remains open to European countries emerging from communist domination and for welcoming eventual expansion of NATO to include such countries; (2) Poland, Hungary, the Czech Republic, and Slovakia should be in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area not later than January 10, 1999, 5 years from the date of the establishment of the Partnership for Peace, and, in accordance with Article 10 of such Treaty, should be invited to become full NATO members not later than that date, provided these countries-- (A) maintain their progress toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law; and (B) remain committed to protecting the rights of all their citizens and respecting the territorial integrity of their neighbors; (3) the United States, other NATO member nations, and NATO itself should furnish appropriate assistance to facilitate the transition of Poland, Hungary, the Czech Republic, and Slovakia to full NATO membership not later than January 10, 1999; and (4) other European countries emerging from communist domination may be in a position at a future date to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area, and at the appropriate time they should receive assistance to facilitate their transition to full NATO membership and should be invited to become full NATO members. SEC. 4. AUTHORITY FOR PROGRAM TO FACILITATE TRANSITION TO NATO MEMBERSHIP. (a) In General.--The President may establish a program to assist the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated by the President pursuant to subsection (e). (b) Conduct of Program.--The program established under subsection (a) shall facilitate the transition to full NATO membership of the countries described in such subsection by supporting and encouraging, inter alia-- (1) joint planning, training, and military exercises with NATO forces; (2) greater interoperability of military equipment, air defense systems, and command, control, and communications systems; and (3) conformity of military doctrine. (c) Type of Assistance.--In carrying out the program established under subsection (a), the President may provide to the countries described in such subsection the following types of security assistance: (1) The transfer of excess defense articles under section 516 of Foreign Assistance Act of 1961, without regard to the restrictions in paragraphs (1) through (3) of subsection (a) of such section (relating to the eligibility of countries for such articles under such section). (2) The transfer of nonlethal excess defense articles under section 519 of the Foreign Assistance Act of 1961, without regard to the restriction in subsection (a) of such section (relating to the justification of the foreign military financing program for the fiscal year in which a transfer is authorized). (3) Assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the Economic Support Fund). (4) Assistance under chapter 5 of part II of that Act (relating to international military education and training). (5) Assistance under section 23 of the Arms Export Control Act (relating to the ``Foreign Military Financing Program''). (d) Additional assistance.--In addition to the security assistance provided under subsection (c), the President may, in carrying out the program established under subsection (a), provide assistance from funds appropriated after the date of the enactment of this Act under the following accounts: (1) The ``Nonproliferation and Disarmament Fund'' account. (2) The ``Countries in Transition'' account. (e) Designation of Other European Countries Emerging From Communist Domination.--The President may designate other European countries emerging from communist domination to receive assistance under the program established under subsection (a) if the President determines and reports to the appropriate congressional committees that such countries-- (1) have made significant progress toward establishing democratic institutions, a free market economy, civilian control of their armed forces, and the rule of law; and (2) are likely, within 5 years of such determination, to be in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area. SEC. 5. AUTHORIZATION OF STATUS OF FORCES AGREEMENTS. The President is authorized to confer, pursuant to agreement with any country eligible to participate in the Partnership for Peace, rights in respect of the military and related civilian personnel (including dependents of any such personnel) and activities of that country in the United States comparable to the rights conferred by that country in respect of the military and related civilian personnel (including dependents of any such personnel) and activities of the United States in that country. SEC. 6. REPORTING REQUIREMENT. (a) In General.--Not later than 1 year after the date of enactment of this Act, and at least once every year thereafter, the President shall submit to the appropriate congressional committees a report on the implementation of this Act. (b) Contents.--Each such report shall include-- (1) an assessment of the progress made by Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated by the President pursuant to section 4(e) toward meeting the standards for NATO membership set forth in Article 10 of the North Atlantic Treaty, including-- (A) an assessment of the progress of such countries toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law; and (B) the commitment of such countries in protecting the rights of all their citizens and respecting the territorial integrity of their neighbors; (2) a description of all assistance provided under the program established under section 4, or otherwise provided by the United States Government to facilitate the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated by the President pursuant to section 4(e); (3) a description of all assistance provided by other NATO member nations or NATO itself to facilitate the transition to full NATO membership of Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated by the President pursuant to section 4(e); and (4) a description of any agreement entered into pursuant to section 5. SEC. 7. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate. (2) NATO.--The term ``NATO'' means the North Atlantic Treaty Organization. (3) Other european countries emerging from communist domination.--The term ``other European countries emerging from communist domination'' means-- (A) any member of the Conference on Security and Cooperation in Europe located-- (i) in the territory of the former Union of Soviet Socialist Republics; or (ii) in the territory of the former Socialist Federal Republic of Yugoslavia; or (B) Estonia, Latvia, Lithuania, Romania, Bulgaria, or Albania.

Summary: NATO Expansion Act of 1994 - Expresses the sense of the Congress with respect to NATO membership of Poland, Hungary, the Czech Republic, and Slovakia. Authorizes the President to establish a program to assist the transition to full NATO membership for Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated pursuant to this Act. Permits the President to provide specified security assistance to such countries, including excess defense articles, economic support fund assistance, international military education and training, and foreign military financing. Authorizes the President to provide additional assistance from the Nonproliferation and Disarmament Fund and Countries in Transition accounts. Permits the President to designate other European countries emerging from communist domination to receive assistance under this Act if he reports to the appropriate congressional committees that such countries: (1) have made significant progress toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law; and (2) are likely to be in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area. Authorizes the President to confer, pursuant to agreement with any country eligible to participate in the Partnership for Peace, rights with respect to the military and related civilian personnel and activities of that country in the United States comparable to those conferred by that country with respect to the United States.


SECTION 1. SHORT TITLE AND PURPOSES. (a) Short Title.--This Act may be cited as the ``Reduce Unnecessary Spending Act of 2010''. (b) Purpose.--The purpose of this Act is to create an optional fast-track procedure the President may use when submitting rescission requests, which would lead to an up-or-down vote by Congress on the President's package of rescissions, without amendment. SEC. 2. RESCISSIONS OF FUNDING. The Impoundment Control Act of 1974 is amended by striking part C and inserting the following: ``PART C--EXPEDITED CONSIDERATION OF PROPOSED RESCISSIONS ``SEC. 1021. APPLICABILITY AND DISCLAIMER. ``The rules, procedures, requirements, and definitions in this part apply only to executive and legislative actions explicitly taken under this part. They do not apply to actions taken under part B or to other executive and legislative actions not taken under this part. ``SEC. 1022. DEFINITIONS. ``In this part: ``(1) The terms `appropriations Act', `budget authority', and `new budget authority' have the same meanings as in section 3 of the Congressional Budget Act of 1974. ``(2) The terms `account', `current year', `CBO', and `OMB' have the same meanings as in section 250 of the Balanced Budget and Emergency Deficit Control Act of 1985 as in effect on September 30, 2002. ``(3) The term `days of session' shall be calculated by excluding weekends and national holidays. Any day during which a chamber of Congress is not in session shall not be counted as a day of session of that chamber. Any day during which neither chamber is in session shall not be counted as a day of session of Congress. ``(4) The term `entitlement law' means the statutory mandate or requirement of the United States to incur a financial obligation unless that obligation is explicitly conditioned on the appropriation in subsequent legislation of sufficient funds for that purpose, and the Supplemental Nutrition Assistance Program. ``(5) The term `funding' refers to new budget authority and obligation limits except to the extent that the funding is provided for entitlement law. ``(6) The term `rescind' means to eliminate or reduce the amount of enacted funding. ``(7) The terms `withhold' and `withholding' apply to any executive action or inaction that precludes the obligation of funding at a time when it would otherwise have been available to an agency for obligation. The terms do not include administrative or preparatory actions undertaken prior to obligation in the normal course of implementing budget laws. ``SEC. 1023. TIMING AND PACKAGING OF RESCISSION REQUESTS. ``(a) Timing.--If the President proposes that Congress rescind funding under the procedures in this part, OMB shall transmit a message to Congress containing the information specified in section 1024, and the message transmitting the proposal shall be sent to Congress not later than 45 calendar days after the date of enactment of the funding. ``(b) Packaging and Transmittal of Requested Rescissions.--Except as provided in subsection (c), for each piece of legislation that provides funding, the President shall request at most 1 package of rescissions and the rescissions in that package shall apply only to funding contained in that legislation. OMB shall deliver each message requesting a package of rescissions to the Secretary of the Senate if the Senate is not in session and to the Clerk of the House of Representatives if the House is not in session. OMB shall make a copy of the transmittal message publicly available, and shall publish in the Federal Register a notice of the message and information on how it can be obtained. ``(c) Special Packaging Rules.--After enactment of-- ``(1) a joint resolution making continuing appropriations; ``(2) a supplemental appropriations bill; or ``(3) an omnibus appropriations bill; covering some or all of the activities customarily funded in more than 1 regular appropriations bill, the President may propose as many as 2 packages rescinding funding contained in that legislation, each within the 45-day period specified in subsection (a). OMB shall not include the same rescission in both packages, and, if the President requests the rescission of more than one discrete amount of funding under the jurisdiction of a single subcommittee, OMB shall include each of those discrete amounts in the same package. ``SEC. 1024. REQUESTS TO RESCIND FUNDING. ``For each request to rescind funding under this part, the transmittal message shall-- ``(1) specify-- ``(A) the dollar amount to be rescinded; ``(B) the agency, bureau, and account from which the rescission shall occur; ``(C) the program, project, or activity within the account (if applicable) from which the rescission shall occur; ``(D) the amount of funding, if any, that would remain for the account, program, project, or activity if the rescission request is enacted; and ``(E) the reasons the President requests the rescission; ``(2) designate each separate rescission request by number; and ``(3) include proposed legislative language to accomplish the requested rescissions which may not include-- ``(A) any changes in existing law, other than the rescission of funding; or ``(B) any supplemental appropriations, transfers, or reprogrammings. ``SEC. 1025. GRANTS OF AND LIMITATIONS ON PRESIDENTIAL AUTHORITY. ``(a) Presidential Authority To Withhold Funding.--Notwithstanding any other provision of law and if the President proposes a rescission of funding under this part, OMB may, subject to the time limits provided in subsection (c), temporarily withhold that funding from obligation. ``(b) Expedited Procedures Available Only Once Per Bill.--The President may not invoke the procedures of this part, or the authority to withhold funding granted by subsection (a), on more than 1 occasion for any Act providing funding. ``(c) Time Limits.--OMB shall make available for obligation any funding withheld under subsection (a) on the earliest of-- ``(1) the day on which the President determines that the continued withholding or reduction no longer advances the purpose of legislative consideration of the rescission request; ``(2) starting from the day on which OMB transmitted a message to Congress requesting the rescission of funding, 25 calendar days in which the House of Representatives has been in session or 25 calendar days in which the Senate has been in session, whichever occurs second; or ``(3) the last day after which the obligation of the funding in question can no longer be fully accomplished in a prudent manner before its expiration. ``(d) Deficit Reduction.-- ``(1) In general.--Funds that are rescinded under this part shall be dedicated only to reducing the deficit or increasing the surplus. ``(2) Adjustment of levels in the concurrent resolution on the budget.--Not later than 5 days after the date of enactment of an approval bill as provided under this part, the chairs of the Committees on the Budget of the Senate and the House of Representatives shall revise allocations and aggregates and other appropriate levels under the appropriate concurrent resolution on the budget to reflect the repeal or cancellation, and the applicable committees shall report revised suballocations pursuant to section 302(b), as appropriate. ``SEC. 1026. CONGRESSIONAL CONSIDERATION OF RESCISSION REQUESTS. ``(a) Preparation of Legislation To Consider a Package of Expedited Rescission Requests.-- ``(1) In general.--If the House of Representatives receives a package of expedited rescission requests, the Clerk shall prepare a House bill that only rescinds the amounts requested which shall read as follows: ```There are enacted the rescissions numbered [insert number or numbers] as set forth in the Presidential message of [insert date] transmitted under part C of the Impoundment Control Act of 1974 as amended.' ``(2) Exclusion procedure.--The Clerk shall include in the bill each numbered rescission request listed in the Presidential package in question, except that the Clerk shall omit a numbered rescission request if the Chairman of the Committee on the Budget of the House, after consulting with the Chairman of the Committee on the Budget of the Senate, CBO, GAO, and the House and Senate committees that have jurisdiction over the funding, determines that the numbered rescission does not refer to funding or includes matter not permitted under a request to rescind funding. ``(b) Introduction and Referral of Legislation To Enact a Package of Expedited Rescissions.--The majority leader or the minority leader of the House or Representatives, or a designee, shall (by request) introduce each bill prepared under subsection (a) not later than 4 days of session of the House after its transmittal, or, if no such bill is introduced within that period, any member of the House may introduce the required bill in the required form on the fifth or sixth day of session of the House after its transmittal. If such an expedited rescission bill is introduced in accordance with the preceding sentence, it shall be referred to the House committee of jurisdiction. A copy of the introduced House bill shall be transmitted to the Secretary of the Senate, who shall provide it to the Senate committee of jurisdiction. ``(c) House Report and Consideration of Legislation To Enact a Package of Expedited Rescissions.--The House committee of jurisdiction shall report without amendment the bill referred to it under subsection (b) not more than 5 days of session of the House after the referral. The committee may order the bill reported favorably, unfavorably, or without recommendation. If the committee has not reported the bill by the end of the 5-day period, the committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. ``(d) House Motion To Proceed.-- ``(1) In general.--After a bill to enact an expedited rescission package has been reported or the committee of jurisdiction has been discharged under subsection (c), it shall be in order to move to proceed to consider the bill in the House. A Member who wishes to move to proceed to consideration of the bill shall announce that fact, and the motion to proceed shall be in order only during a time designated by the Speaker within the legislative schedule for the next calendar day of legislative session or the one immediately following it. ``(2) Failure to set time.--If the Speaker does not designate a time under paragraph (1), 3 or more calendar days of legislative session after the bill has been reported or discharged, it shall be in order for any Member to move to proceed to consider the bill. ``(3) Procedure.--A motion to proceed under this subsection shall not be in order after the House has disposed of a prior motion to proceed with respect to that package of expedited rescissions. The previous question shall be considered as ordered on the motion to proceed, without intervening motion. A motion to reconsider the vote by which the motion to proceed has been disposed of shall not be in order. ``(4) Removal from calendar.--If 5 calendar days of legislative session have passed since the bill was reported or discharged under this subsection and no Member has made a motion to proceed, the bill shall be removed from the calendar. ``(e) House Consideration.-- ``(1) Considered as read.--A bill consisting of a package of rescissions under this part shall be considered as read. ``(2) Points of order.--All points of order against the bill are waived, except that a point of order may be made that 1 or more numbered rescissions included in the bill would enact language containing matter not requested by the President or not permitted under this part as part of that package. If the Presiding Officer sustains such a point of order, the numbered rescission or rescissions that would enact such language are deemed to be automatically stripped from the bill and consideration proceeds on the bill as modified. ``(3) Previous question.--The previous question shall be considered as ordered on the bill to its passage without intervening motion, except that 4 hours of debate equally divided and controlled by a proponent and an opponent are allowed, as well as 1 motion to further limit debate on the bill. ``(4) Motion to reconsider.--A motion to reconsider the vote on passage of the bill shall not be in order. ``(f) Senate Consideration.-- ``(1) Referral.--If the House of Representatives approves a House bill enacting a package of rescissions, that bill as passed by the House shall be sent to the Senate and referred to the Senate committee of jurisdiction. ``(2) Committee action.--The committee of jurisdiction shall report without amendment the bill referred to it under this subsection not later than 3 days of session of the Senate after the referral. The committee may order the bill reported favorably, unfavorably, or without recommendation. ``(3) Discharge.--If the committee has not reported the bill by the end of the 3-day period, the committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. ``(4) Motion to proceed.--On the following day and for 3 subsequent calendar days in which the Senate is in session, it shall be in order for any Senator to move to proceed to consider the bill in the Senate. Upon such a motion being made, it shall be deemed to have been agreed to and the motion to reconsider shall be deemed to have been laid on the table. ``(5) Debate.--Debate on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours, equally divided and controlled in the usual form. Debate in the Senate on any debatable motion or appeal in connection with such a bill shall be limited to not more than 1 hour, to be equally divided and controlled in the usual form. A motion to further limit debate on such a bill is not debatable. ``(6) Motions not in order.--A motion to amend such a bill or strike a provision from it is not in order. A motion to recommit such a bill is not in order. ``(g) Senate Point of Order.--It shall not be in order under this part for the Senate to consider a bill approved by the House enacting a package of rescissions under this part if any numbered rescission in the bill would enact matter not requested by the President or not permitted under this Act as part of that package. If a point of order under this subsection is sustained, the bill may not be considered under this part.''. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) Table of Contents.--Section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking the matter for part C of title X and inserting the following: ``PART C--Expedited Consideration of Proposed Rescissions ``Sec. 1021. Applicability and disclaimer. ``Sec. 1022. Definitions. ``Sec. 1023. Timing and packaging of rescission requests. ``Sec. 1024. Requests to rescind funding. ``Sec. 1025. Grants of and limitations on presidential authority. ``Sec. 1026. Congressional consideration of rescission requests.''. (b) Temporary Withholding.--Section 1013(c) of the Impoundment Control Act of 1974 is amended by striking ``section 1012'' and inserting ``section 1012 or section 1025''. (c) Rulemaking.-- (1) 904(a).--Section 904(a) of the Congressional Budget Act of 1974 is amended by striking ``and 1017'' and inserting ``1017, and 1026''. (2) 904(d)(1).--Section 904(d)(1) of the Congressional Budget Act of 1974 is amended by striking ``1017'' and inserting ``1017 or 1026''. SEC. 4. AMENDMENTS TO PART A OF THE IMPOUNDMENT CONTROL ACT. (a) In General.--Part A of the Impoundment Control Act of 1974 is amended by inserting at the end the following: ``SEC. 1002. SEVERABILITY. ``If the judicial branch of the United States finally determines that 1 or more of the provisions of parts B or C violate the Constitution of the United States, the remaining provisions of those parts shall continue in effect.''. (b) Table of Contents.--Section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting at the end of the matter for part A of title X the following: ``Sec. 1002. Severability.''. SEC. 5. EXPIRATION. Part C of the Impoundment Control Act of 1974 (as amended by this Act) shall expire on December 31, 2014.

Summary: Reduce Unnecessary Spending Act of 2010 - Amends the Impoundment Control Act of 1974 to require the Office of Management and Budget (OMB) to transmit, within 45 calendar days after enactment of the funding in question, a message to Congress with specified information requesting any rescission the President proposes under the procedures in this Act. Prescribes requirements for timing and packaging of rescission requests. Authorizes OMB, subject to a specified time limit, to withhold funding from obligation temporarily if the President proposes a rescission. Prohibits the President from invoking such expedited procedures or such authority to withhold funding on more than one occasion for any Act providing funding. Sets forth procedures for expedited congressional consideration of proposed rescissions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``ED 1.0 Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Access to technology can improve grade and test averages, graduation rates, and retention rates, in addition to increasing the number of graduates in science and technology disciplines. (2) Minority-serving institutions historically have an important role in reaching an underserved population, and minority-serving institutions in economically disadvantaged areas face particular hardships in acquiring funds to sustain and expand their technological resources. (3) Low-income areas are technologically underserved. (4) Congress and the technological community should do all they can to find new and creative ways to bridge the current technology gap. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the National Telecommunications and Information Administration. (2) Eligible educational institution.--The term ``eligible educational institution'' means an institution that is-- (A) a historically Black college or university; (B) a Hispanic-serving institution as that term is defined in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)); (C) a tribally controlled college or university as that term is defined in section 2(a)(4) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801(a)(4)); (D) an Alaska Native-serving institution as that term is defined in section 317(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)(2)); or (E) a Native Hawaiian-serving institution as that term is defined in section 317(b)(4) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)(4)). (3) Historically black college or university.--The term ``historically Black college or university'' means a part B institution as that term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)). SEC. 4. MINORITY ONLINE DEGREE PILOT PROGRAM. (a) Pilot Program Established.-- (1) In general.--There is established within the National Telecommunications and Information Administration a pilot program under which the Administrator shall award 4 grants to eligible educational institutions to enable the eligible educational institutions to develop digital and wireless networks for online educational programs of study within the eligible educational institutions. (2) Grant number, duration, and amount.-- (A) Number.--The Administrator shall award a total of 4 grants under this section. (B) Duration.--Each grant under this section shall be awarded for a period of 6 years. (C) Annual grant payment amounts.--The Administrator shall make grant payments under this section in the amount of-- (i) $1,000,000 for the first fiscal year of a grant awarded under this section; (ii) $600,000 for each of the second through fifth such fiscal years; and (iii) $100,000 for the sixth such fiscal year. (b) Priority.-- (1) In general.--In awarding grants under this section the Administrator shall give priority to an eligible educational institution that, according to the most recent data available (including data available from the Bureau of the Census), serves a county-- (A) in which 50 percent of the residents of the county are members of a racial or ethnic minority; (B) in which less than 18 percent of the residents of the county have obtained a baccalaureate degree or a higher education; (C) that has an unemployment rate of 7 percent or greater; (D) in which 19 percent or more of the residents of the county live in poverty; (E) that has a negative population growth rate; or (F) that has a median family income of $32,000. (2) Highest priority.--In awarding grants under this section the Administrator shall give the highest priority to an eligible educational institution that meets the greatest number of requirements described in subparagraphs (A) through (F) of paragraph (1). (c) Use of Funds.--An eligible educational institution receiving a grant under this section may use the grant funds-- (1) to acquire equipment, instrumentation, networking capability, hardware, software, digital network technology, wireless technology, or wireless infrastructure; (2) to develop and provide educational services, including faculty development; or (3) to develop strategic plans for information technology investments. (d) Matching Not Required.--The Administrator shall not require an eligible educational institution to provide matching funds for a grant awarded under this section. (e) Report.--Not later than November 1 of each year, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report evaluating the progress, during the preceding fiscal year, of the pilot program assisted under this section. (f) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section-- (A) $4,500,000 for fiscal year 2008; (B) $2,400,000 for each of the fiscal years 2009 through 2012; and (C) $500,000 for fiscal year 2013. (2) Availability.--Funds appropriated under paragraph (1) shall remain available until expended. (g) Limitation on Use of Other Funds.--The Administrator shall carry out this section only with amounts appropriated in advance specifically to carry out this section.

Summary: ED 1.0 Act - Establishes a pilot program requiring the Administrator of the National Telecommunications and Information Administration to award six-year grants to four minority-serving educational institutions, enabling them to develop digital and wireless networks for online programs of study within the institutions. Gives grant priority to institutions serving counties: (1) that meet specified criteria of economic depression; (2) less than 18% of whose residents have a higher education; and (3) at least half of whose residents are minorities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Tax Fairness and Shareholder Rights Act of 2003''. SEC. 2. PREVENTION OF CORPORATE EXPATRIATION TO AVOID UNITED STATES INCOME TAX. (a) In General.--Paragraph (4) of section 7701(a) of the Internal Revenue Code of 1986 (defining domestic) is amended to read as follows: ``(4) Domestic.-- ``(A) In general.--Except as provided in subparagraph (B), the term `domestic' when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations. ``(B) Certain corporations treated as domestic.-- ``(i) In general.--The acquiring corporation in a corporate expatriation transaction shall be treated as a domestic corporation. ``(ii) Corporate expatriation transaction.--For purposes of this subparagraph, the term `corporate expatriation transaction' means any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly substantially all of the properties held directly or indirectly by a domestic corporation, and ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation. ``(iii) Lower stock ownership requirement in certain cases.--Subclause (II) of clause (ii) shall be applied by substituting `50 percent' for `80 percent' with respect to any nominally foreign corporation if-- ``(I) such corporation does not have substantial business activities (when compared to the total business activities of the expanded affiliated group) in the foreign country in which or under the law of which the corporation is created or organized, and ``(II) the stock of the corporation is publicly traded and the principal market for the public trading of such stock is in the United States. ``(iv) Partnership transactions.--The term `corporate expatriation transaction' includes any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly properties constituting a trade or business of a domestic partnership, ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former partners of the domestic partnership or related foreign partnerships (determined without regard to stock of the acquiring corporation which is sold in a public offering related to the transaction), and ``(III) the acquiring corporation meets the requirements of subclauses (I) and (II) of clause (iii). ``(v) Special rules.--For purposes of this subparagraph-- ``(I) a series of related transactions shall be treated as 1 transaction, and ``(II) stock held by members of the expanded affiliated group which includes the acquiring corporation shall not be taken into account in determining ownership. ``(vi) Other definitions.--For purposes of this subparagraph-- ``(I) Nominally foreign corporation.--The term `nominally foreign corporation' means any corporation which would (but for this subparagraph) be treated as a foreign corporation. ``(II) Expanded affiliated group.-- The term `expanded affiliated group' means an affiliated group (as defined in section 1504(a) without regard to section 1504(b)). ``(III) Related foreign partnership.--A foreign partnership is related to a domestic partnership if they are under common control (within the meaning of section 482), or they shared the same trademark or tradename.''. (b) Effective Dates.-- (1) In general.--The amendment made by this section shall apply to corporate expatriation transactions completed after September 11, 2001. (2) Special rule.--The amendment made by this section shall also apply to corporate expatriation transactions completed after December 31, 1996, and before September 11, 2001, but only with respect to taxable years of the acquiring corporation beginning after December 31, 2003. SEC. 3. DISCLOSURE OF CORPORATE EXPATRIATION TRANSACTIONS. (a) In General.--Section 14 of the Securities Exchange Act of 1934 (15 U.S.C. 78n) is amended by adding at the end the following new subsection: ``(i) Proxy Solicitations in Connection With Corporate Expatriation Transactions.-- ``(1) Disclosure to shareholders of effects of corporate expatriation transaction.--The Commission shall, by rule, require that each domestic issuer shall prominently disclose, as a separate and distinct document accompanying each proxy statement relating to a corporate expatriation transaction-- ``(A) the number of employees of the domestic issuer that would be located in the new foreign jurisdiction of incorporation or organization of that issuer upon completion of the corporate expatriation transaction; ``(B) the percentage of the total assets of the domestic issuer that would be located within the new foreign jurisdiction of incorporation or organization of that issuer upon completion of the corporate expatriation transaction; ``(C) how the rights of holders of the securities of the domestic issuer would be impacted by a completed corporate expatriation transaction; ``(D) that as a result of a completed corporate expatriation transaction, any taxable holder of the securities of the domestic issuer shall be subject to the taxation of any capital gains realized with respect to such securities; and ``(E) the estimated tax benefit that would be realized by the domestic issuer upon completion of the corporate expatriation transaction. ``(2) Disclosure to commission of results of vote.--Upon the approval of any corporate expatriation transaction by the holders of the securities of a domestic issuer, that issuer shall provide to the Commission, in a form and manner to be determined by the Commission, information as to how each holder of record of a voting security of that domestic issuer (or a proxy there for) voted with respect to the corporate expatriation transaction. ``(3) Definitions.--In this subsection, the following definitions shall apply: ``(A) Corporate expatriation transaction.--The term `corporate expatriation transaction' means any transaction, or series of related transactions, in which an entity organized under the laws of a foreign country acquires, directly or indirectly, substantially all of the voting securities in, or substantially all of the assets of, a domestic issuer, and-- ``(i) immediately after completion of the transaction, more than 80 percent of the securities (by vote or value) of the acquiring foreign entity will be held by persons that were security holders of the domestic issuer immediately prior to the transaction; or ``(ii) immediately after completion of the transaction, more than 50 percent of the securities (by vote or value) of the acquiring foreign entity will be held by persons that were security holders of the domestic issuer immediately prior to the transaction, and-- ``(I) such foreign entity will not have substantial business activities in the foreign country in which it is organized; and ``(II) the securities of the foreign entity will be publicly traded, and the principal market for the public trading of such securities will be in the United States. ``(B) Domestic issuer.--The term `domestic issuer' means an issuer created or organized in the United States or under the law of the United States or of any State.''. (b) Effective Date.--Section 14(i) of the Securities Exchange Act of 1934 (as added by this section) shall apply with respect to corporate expatriation transactions (as defined in that section 14(i)) proposed on and after the date of enactment of this Act. SEC. 4. MODIFICATIONS TO EXPENSING UNDER SECTION 179. (a) Increase of Amount Which May Be Expensed.-- (1) In general.--Paragraph (1) of section 179(b) of the Internal Revenue Code of 1986 (relating to dollar limitation) is amended to read as follows: ``(1) Dollar limitation.--The aggregate cost which may be taken into account under subsection (a) for any taxable year shall not exceed $75,000 ($25,000 in the case of taxable years beginning after December 31, 2007).''. (2) Increase in phaseout threshold.--Paragraph (2) of section 179(b) of such Code is amended by striking ``$200,000'' and inserting ``$325,000 ($200,000 in the case of taxable years beginning after December 31, 2007)''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service in taxable years beginning after December 31, 2002.

Summary: Corporate Tax Fairness and Shareholder Rights Act of 2003 - Amends the Internal Revenue Code (IRC) by determining that acquiring corporations in"corporate expatriation transactions" shall be considered domestic corporations. Defines a "corporate expatriation transaction" as, with certain exceptions, one in which a "nominally foreign corporation" acquires substantially all of the properties held by a domestic corporation and in which, immediately after the transaction, more than 80 percent of the stock of the acquiring corporation is held by former shareholders of the domestic corporation. Lowers the 80 percent threshold to 50 percent when the acquiring "nominally foreign corporation" lacks substantial business activities in the foreign country in which it was created and organized compared to the total activities of the "expanded affiliated group" and the stock is publicly traded, with the principal market of trading being the United States. Defines the terms "nominally foreign corporation" and "expanded affiliated group."Applies similar rules to partnership transactions.Establishes that a series of related transactions relevant to the Act shall be handled as a single transaction.Amends the Securities Act of 1934 to require: (1) disclosure to shareholders, and effects of, corporate expatriation transaction; and (2) disclosure to the SEC of the approval of any corporate expatriate transaction.Amends the IRC to temporarily (through 2007) increase the expensing limit and phaseout threshold.


SECTION 1. STANDARDIZATION OF WITHDRAWAL OPTIONS FOR THRIFT SAVINGS PLAN PARTICIPANTS. (a) Participation in the Thrift Savings Plan.--Section 8351(b) of title 5, United States Code, is amended-- (1) by amending paragraph (4) to read as follows: ``(4) Section 8433(b) of this title applies to any employee or Member who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and separates from Government employment.''; (2) by striking out paragraphs (5), (6), and (8); (3) by redesignating paragraphs (7), (9), and (10) as paragraphs (5), (6), and (7), respectively; (4) in paragraph (5)(C) (as redesignated under paragraph (3) of this subsection) by striking out ``or former spouse'' in both places it appears; (5) by amending paragraph (6) (as redesignated under paragraph (3) of this subsection) to read as follows: ``(6) Notwithstanding paragraph (4), if an employee or Member separates from Government employment and such employee's or Member's nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the employee or Member elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(b) of this title.''; and (6) in paragraph (7) (as redesignated under paragraph (3) of this subsection) by striking out ``nonforfeiture'' and inserting in lieu thereof ``nonforfeitable''. (b) Benefits and Election of Benefits.--Section 8433 of title 5, United States Code, is amended-- (1) in subsection (b) by striking out the matter before paragraph (1) and inserting in lieu thereof ``Subject to section 8435 of this title, any employee or Member who separates from Government employment entitled to an annuity under subchapter II of this chapter or any employee or Member who separates from Government employment is entitled and may elect--''; (2) by striking out subsections (c) and (d) and redesignating subsections (e), (f), (g), (h), and (i) as subsections (c), (d), (e), (f), and (g), respectively; (3) in subsection (c)(1) (as redesignated under paragraph (2) of this subsection) by striking out ``or (c)(4) or required under subsection (d) directly to an eligible retirement plan or plans) (as defined in section 402(a)(5)(E) of the Internal Revenue Code of 1954)'' and inserting in lieu thereof ``directly to an eligible retirement plan or plans (as defined in section 402(c)(8) of the Internal Revenue Code of 1986)''; (4) in subsection (d)(2) (as redesignated under paragraph (2) of this subsection) by striking out ``or (c)(2)''; and (5) in subsection (f) (as redesignated under paragraph (2) of this subsection)-- (A) by striking out paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (B) in paragraph (1) (as redesignated under subparagraph (A) of this paragraph)-- (i) by striking out ``Notwithstanding subsections (b) and (c), if an employee or Member separates from Government employment under circumstances making such an employee or Member eligible to make an election under either of those subsections, and such employee's or Member's'' and inserting in lieu thereof ``Notwithstanding subsection (b), if an employee or Member separates from Government employment, and such employee's or Member's''; and (ii) by striking out ``or (c), as applicable''; and (C) in paragraph (2) (as redesignated under subparagraph (A) of this paragraph) by striking out ``paragraphs (1) and (2)'' and inserting in lieu thereof ``paragraph (1)''. (c) Annuities: Methods of Payment; Election; Purchase.--Section 8434(c) of title 5, United States Code, is amended to read as follows: ``(c) Notwithstanding an elimination of a method of payment by the Board an employee, Member, former employee, or former Member may elect the eliminated method if the elimination of such method became effective less than 5 years before the date on which the annuity commences.''. (d) Protections for Spouses and Former Spouses.--Section 8435 of title 5, United States Code, is amended-- (1) in subsection (a)(1)(A) by striking out ``subsection (b)(3), (b)(4), (c)(3), or (c)(4) of section 8433 of this title or change an election previously made under subsection (b)(1), (b)(2), (c)(1), or (c)(2)'' and inserting in lieu thereof ``subsection (b)(3) or (b)(4) of section 8433 of this title or change an election previously made under subsection (b)(1) or (b)(2)''; (2) by striking out subsection (b); (3) by redesignating subsections (c), (d), (e), (f), (g), (h), and (i) as subsections (b), (c), (d), (e), (f), (g), and (h), respectively; (4) in subsection (b) (as redesignated under paragraph (3) of this subsection) by amending paragraph (2) to read as follows: ``(2) Paragraph (1) shall not apply, if-- ``(A) a joint waiver of such method is made, in writing, by the employee or Member and the spouse; or ``(B) the employee or Member waives such method, in writing, after establishing to the satisfaction of the Executive Director that circumstances described under subsection (a)(2) (A) or (B) make the requirement of a joint waiver inappropriate.''; and (5) in subsection (c)(1) (as redesignated under paragraph (3) of this subsection) by striking out ``and a transfer may not be made under section 8433(d) of this title''. (e) Justices and Judges.--Section 8440a(b) of title 5, United States Code, is amended-- (1) in paragraph (5) by striking out ``Section 8433(d)'' and inserting in lieu thereof ``Section 8433(b)''; and (2) by striking out paragraphs (7) and (8) and inserting in lieu thereof the following: ``(7) Notwithstanding paragraphs (4) and (5), if any justice or judge retires under subsection (a) or (b) of section 371 or section 372(a) of title 28, or resigns without having met the age and service requirements set forth under section 371(c) of title 28, and such justice's or judge's nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the justice or judge elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(b).''. (f) Bankruptcy Judges and Magistrates.--Section 8440b of title 5, United States Code, is amended-- (1) in subsection (b)(4) by amending subparagraph (B) to read as follows: ``(B) Section 8433(b) of this title applies to any bankruptcy judge or magistrate who elects to make contributions to the Thrift Savings Fund under subsection (a) of this section and who retires before attaining age 65 but is entitled, upon attaining age 65, to an annuity under section 377 of title 28 or section 2(c) of the Retirement and Survivors Annuities for Bankruptcy Judges and Magistrates Act of 1988.''; (2) in subsection (b)(4)(C) by striking out ``Section 8433(d)'' and inserting in lieu thereof ``Section 8433(b)''; (3) in subsection (b)(5) by striking out ``retirement under section 377 of title 28 is'' and inserting in lieu thereof ``any of the actions described under paragraph (4) (A), (B), or (C) shall be considered''; (4) in subsection (b) by striking out paragraph (8) and redesignating paragraph (9) as paragraph (8); and (5) in paragraph (8) of subsection (b) (as redesignated under paragraph (4) of this subsection)-- (A) by striking out ``Notwithstanding subparagraphs (A) and (B) of paragraph (4), if any bankruptcy judge or magistrate retires under circumstances making such bankruptcy judge or magistrate eligible to make an election under subsection (b) or (c)'' and inserting in lieu thereof ``Notwithstanding paragraph (4), if any bankruptcy judge or magistrate retires under circumstances making such bankruptcy judge or magistrate eligible to make an election under subsection (b)''; and (B) by striking out ``and (c), as applicable''. (g) Claims Court Judges.--Section 8440c of title 5, United States Code, is amended-- (1) in subsection (b)(4)(B) by striking out ``Section 8433(d)'' and inserting in lieu thereof ``Section 8433(b)''; (2) in subsection (b)(5) by striking out ``retirement under section 178 of title 28, is'' and inserting in lieu thereof ``any of the actions described in paragraph (4) (A) or (B) shall be considered''; (3) in subsection (b) by striking out paragraph (8) and redesignating paragraph (9) as paragraph (8); and (4) in paragraph (8) (as redesignated under paragraph (3) of this subsection) by striking out ``Notwithstanding paragraph (4)(A)'' and inserting in lieu thereof ``Notwithstanding paragraph (4)''. (h) Judges of the United States Court of Veterans Appeals.--Section 8440d(b)(5) of title 5, United States Code, is amended by striking out ``A transfer shall be made as provided under section 8433(d) of this title'' and inserting in lieu thereof ``Section 8433(b) of this title applies''. (i) Technical and Conforming Amendments.--Chapters 83 and 84 of title 5, United States Code, are amended-- (1) in section 8351(b)(5)(B) (as redesignated under subsection (a)(3) of this section) by striking out ``section 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; (2) in section 8351(b)(5)(D) (as redesignated under subsection (a)(3) of this section) by striking out ``section 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; (3) in section 8433(b)(4) by striking out ``subsection (e)'' and inserting in lieu thereof ``subsection (c)''; (4) in section 8433(d)(1) (as redesignated under subsection (b)(2) of this section) by striking out ``(d) of section 8435'' and inserting in lieu thereof ``(c) of section 8435''; (5) in section 8433(d)(2) (as redesignated under subsection (b)(2) of this section) by striking out ``section 8435(d)'' and inserting in lieu thereof ``section 8435(c)''; (6) in section 8433(e) (as redesignated under subsection (b)(2) of this section) by striking out ``section 8435(d)(2)'' and inserting in lieu thereof ``section 8435(c)(2)''; (7) in section 8433(g)(5) (as redesignated under subsection (b)(2) of this section) by striking out ``section 8435(f)'' and inserting in lieu thereof ``section 8435(e)''; (8) in section 8434(b) by striking out ``section 8435(c)'' and inserting in lieu thereof ``section 8435(b)''; (9) in section 8435(a)(1)(B) by striking out ``subsection (c)'' and inserting in lieu thereof ``subsection (b)''; (10) in section 8435(d)(1)(B) (as redesignated under subsection (d)(3) of this section) by striking out ``subsection (d)(2)'' and inserting in lieu thereof ``subsection (c)(2)''; (11) in section 8435(d)(3)(A) (as redesignated under subsection (d)(3) of this section) by striking out ``subsection (c)(1)'' and inserting in lieu thereof ``subsection (b)(1)''; (12) in section 8435(d)(6) (as redesignated under subsection (d)(3) of this section) by striking out ``or (c)(2)'' and inserting in lieu thereof ``or (b)(2)''; (13) in section 8435(e)(1)(A) (as redesignated under subsection (d)(3) of this section) by striking out ``section 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; (14) in section 8435(e)(2) (as redesignated under subsection (d)(3) of this section) by striking out ``section 8433(i) of this title shall not be approved if approval would have the result described in subsection (d)(1)'' and inserting in lieu thereof ``section 8433(g) of this title shall not be approved if approval would have the result described under subsection (c)(1)''; (15) in section 8435(g) (as redesignated under subsection (d)(3) of this section) by striking out ``section 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; (16) in section 8437(c)(5) by striking out ``section 8433(i)'' and inserting in lieu thereof ``section 8433(g)''; and (17) in section 8440a(b)(6) by striking out ``section 8351(b)(7)'' and inserting in lieu thereof ``section 8351(b)(5)''. (j) Interim Provision.--Section 8433(d) of title 5, United States Code, is amended by striking out ``shall transfer the amount of the balance'' and inserting in lieu thereof ``may transfer the amount of the balance''. (k) Effective Dates.--(1) Except as provided in paragraph (2), the provisions of this section shall take effect 1 year after the date of enactment of this Act or upon such other date as the Executive Director of the Federal Retirement Thrift Investment Board shall provide in regulation. (2) The provisions of subsection (j) of this section shall take effect upon the date of the enactment of this Act. Passed the Senate November 24 (legislative day, November 23), 1993. Attest: WALTER J. STEWART, Secretary.

Summary: Revises the Thrift Savings Plan (TSP), with changes providing separating TSP participants with the same options for withdrawal.


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.

Summary: 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.


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.

Summary: 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.


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.

Summary: . 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.


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.''.

Summary: 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.