SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``International
Megan's Law to Prevent Demand for Child Sex Trafficking''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Angel Watch Center.
Sec. 5. Sense of Congress provisions.
Sec. 6. Enhancing the minimum standards for the elimination of
                            trafficking.
Sec. 7. Assistance to foreign countries to meet minimum standards for
                            the elimination of trafficking.
Sec. 8. Rules of Construction.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Megan Nicole Kanka, who was 7 years old, was abducted,
        sexually assaulted, and murdered in 1994, in the State of New
        Jersey by a violent predator living across the street from her
        home. Unbeknownst to Megan Kanka and her family, he had been
        convicted previously of a sex offense against a child.
            (2) In 1996, Congress adopted Megan's Law (Public Law 104-
        145) as a means to encourage States to protect children by
        identifying the whereabouts of sex offenders and providing the
        means to monitor their activities.
            (3) In 2006, Congress passed the Adam Walsh Child
        Protection and Safety Act of 2006 (Public Law 109-248) to
        protect children and the public at large by establishing a
        comprehensive national system for the registration and
        notification to the public and law enforcement officers of
        convicted sex offenders.
            (4) Law enforcement reports indicate that known child-sex
        offenders are traveling internationally, and that the criminal
        background of such individuals may not be known to local law
        enforcement prior to their arrival.
            (5) The commercial sexual exploitation of minors in child
        sex trafficking and pornography is a global phenomenon. The
        International Labour Organization has estimated that 1.8
        million children worldwide are victims of child sex trafficking
        and pornography each year.
            (6) Child sex tourism, where an individual travels to a
        foreign country and engages in sexual activity with a child in
        that country, is a form of child exploitation and, where
        commercial, child sex trafficking.
            (7) According to research conducted by The Protection
        Project of The Johns Hopkins University Paul H. Nitze School of
        Advanced International Studies, sex tourists from the United
        States who target children form a significant percentage of
        child sex tourists in some of the most significant destination
        countries for child sex tourism.
            (8) In order to protect children, it is essential that
        United States law enforcement be able to identify child-sex
        offenders in the United States who are traveling abroad and
        child-sex offenders from other countries entering the United
        States. Such identification requires cooperative efforts
        between the United States and foreign governments. In exchange
        for providing notice of child-sex offenders traveling to the
        United States, foreign authorities will expect United States
        authorities to provide reciprocal notice of child-sex offenders
        traveling to their countries.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Center.--The term ``Center'' means the Angel Watch
        Center established pursuant to section 4(a).
            (2) Child-sex offender.--
                    (A) In general.--The term ``child-sex offender''
                means an individual who is a sex offender described in
                paragraph (3) or (4) of section 111 of the Adam Walsh
                Child Protection and Safety Act of 2006 (42 U.S.C.
                16911) by reason of being convicted of a child-sex
                offense.
                    (B) Definition of convicted.--In this paragraph,
                the term ``convicted'' has the meaning given the term
                in paragraph (8) of section 111 of such Act.
            (3) Child-sex offense.--
                    (A) In general.--The term ``child-sex offense''
                means a specified offense against a minor, as defined
                in paragraph (7) of section 111 of the Adam Walsh Child
                Protection and Safety Act of 2006 (42 U.S.C. 16911),
                including--
                            (i) an offense (unless committed by a
                        parent or guardian) involving kidnapping;
                            (ii) an offense (unless committed by a
                        parent or guardian) involving false
                        imprisonment;
                            (iii) solicitation to engage in sexual
                        conduct;
                            (iv) use in a sexual performance;
                            (v) solicitation to practice prostitution;
                            (vi) video voyeurism as described in
                        section 1801 of title 18, United States Code;
                            (vii) possession, production, or
                        distribution of child pornography;
                            (viii) criminal sexual conduct involving a
                        minor, or the use of the Internet to facilitate
                        or attempt such conduct; and
                            (ix) any conduct that by its nature is a
                        sex offense against a minor.
                    (B) Other offenses.--The term ``child-sex offense''
                includes a sex offense described in paragraph (5)(A) of
                section 111 of the Adam Walsh Child Protection and
                Safety Act of 2006 that is a specified offense against
                a minor, as defined in paragraph (7) of such section.
                    (C) Foreign convictions; offenses involving
                consensual sexual conduct.--The limitations contained
                in subparagraphs (B) and (C) of section 111(5) of the
                Adam Walsh Child Protection and Safety Act of 2006
                shall apply with respect to a child-sex offense for
                purposes of this Act to the same extent and in the same
                manner as such limitations apply with respect to a sex
                offense for purposes of the Adam Walsh Child Protection
                and Safety Act of 2006.
            (4) Jurisdiction.--The term ``jurisdiction'' means any of
        the following:
                    (A) A State.
                    (B) The District of Columbia.
                    (C) The Commonwealth of Puerto Rico.
                    (D) Guam.
                    (E) American Samoa.
                    (F) The Northern Mariana Islands.
                    (G) The United States Virgin Islands.
                    (H) To the extent provided in, and subject to the
                requirements of, section 127 of the Adam Walsh Child
                Protection and Safety Act of 2006 (42 U.S.C. 16927), a
                federally recognized Indian tribe.
            (5) Minor.--The term ``minor'' means an individual who has
        not attained the age of 18 years.

SEC. 4. ANGEL WATCH CENTER.

    (a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
establish within the Child Exploitation Investigations Unit of United
States Immigration and Customs Enforcement (ICE) of the Department of
Homeland Security a Center, to be known as the ``Angel Watch Center'',
to carry out the activities specified in subsection (d).
    (b) Leadership.--The Center shall be headed by the Director of ICE,
in collaboration with the Commissioner of United States Customs and
Border Protection (CBP) and in consultation with the Attorney General.
    (c) Members.--The Center shall consist of the following:
            (1) The Director of ICE.
            (2) The Commissioner of CBP.
            (3) Individuals who are designated as analysts in ICE or
        CBP.
            (4) Individuals who are designated as program managers in
        ICE or CBP.
    (d) Activities.--
            (1) In general.--The Center shall carry out the following
        activities:
                    (A) Receive information on travel by child-sex
                offenders.
                    (B) Establish a system to maintain and archive all
                relevant information, including the response of
                destination countries to notifications under subsection
                (e) where available, and decisions not to transmit
                notification abroad.
                    (C) Establish an annual review process to ensure
                that the Center is consistent in procedures to provide
                notification to destination countries or not to provide
                notification to destination countries, as appropriate.
            (2) Information required.--The United States Marshals
        Service's National Sex Offender Targeting Office shall make
        available to the Center information on travel by child-sex
        offenders in a timely manner for purposes of carrying out the
        activities described in paragraph (1) and (e).
    (e) Notification.--
            (1) To countries of destination.--
                    (A) In general.--The Center may transmit notice of
                impending or current international travel of a child-
                sex offender to the country or countries of destination
                of the child-sex offender, including to the visa-
                issuing agent or agents in the United States of the
                country or countries.
                    (B) Form.--The notice under this paragraph may be
                transmitted through such means as determined
                appropriate by the Center, including through an ICE
                attache.
            (2) To offenders.--
                    (A) General notification.--
                            (i) In general.--If the Center transmits
                        notice under paragraph (1) of impending
                        international travel of a child-sex offender to
                        the country or countries of destination of the
                        child-sex offender, the Secretary of Homeland
                        Security, in conjunction with any appropriate
                        agency, shall make reasonable efforts to
                        provide constructive notice through electronic
                        or telephonic communication to the child-sex
                        offender prior to the child-sex offender's
                        arrival in the country or countries.
                            (ii) Exception.--The requirement to provide
                        constructive notice under clause (i) shall not
                        apply in the case of impending international
                        travel of a child-sex offender to the country
                        or countries of destination of the child-sex
                        offender if such constructive notice would
                        conflict with an existing investigation
                        involving the child-sex offender.
                    (B) Specific notification regarding risk to life or
                well-being of offender.--If the Center has reason to
                believe that to transmit notice under paragraph (1)
                poses a risk to the life or well-being of the child-sex
                offender, the Center shall make reasonable efforts to
                provide constructive notice through electronic or
                telephonic communication to the child-sex offender of
                such risk.
                    (C) Specific notification regarding probable denial
                of entry to offender.--If the Center has reason to
                believe that a country of destination of the child-sex
                offender is highly likely to deny entry to the child-
                sex offender due to transmission of notice under
                paragraph (1), the Center shall make reasonable efforts
                to provide constructive notice through electronic or
                telephonic communication to the child-sex offender of
                such probable denial.
            (3) Sunset.--The authority of paragraph (1) shall terminate
        with respect to a child-sex offender beginning as of the close
        of the last day of the registration period of such child-sex
        offender under section 115 of the Adam Walsh Child Protection
        and Safety Act of 2006 (42 U.S.C. 16915).
    (f) Complaint Review.--The Center shall establish a mechanism to
receive complaints from child-sex offenders affected by notifications
of destination countries of such child-sex offenders under subsection
(e).
    (g) Consultations.--The Center shall seek to engage in ongoing
consultations with--
            (1) nongovernmental organizations, including faith-based
        organizations, that have experience and expertise in
        identifying and preventing child sex tourism and rescuing and
        rehabilitating minor victims of international sexual
        exploitation and trafficking;
            (2) the governments of countries interested in cooperating
        in the creation of an international sex offender travel
        notification system or that are primary destination or source
        countries for international sex tourism; and
            (3) Internet service and software providers regarding
        available and potential technology to facilitate the
        implementation of an international sex offender travel
        notification system, both in the United States and in other
        countries.
    (h) Technical Assistance.--The Secretary of Homeland Security and
the Secretary of State may provide technical assistance to foreign
authorities in order to enable such authorities to participate more
effectively in the notification program system established under this
section.

SEC. 5. SENSE OF CONGRESS PROVISIONS.

    (a) Bilateral Agreements.--It is the sense of Congress that the
President should negotiate memoranda of understanding or other
bilateral agreements with foreign governments to further the purposes
of this Act and the amendments made by this Act, including by--
            (1) establishing systems to receive and transmit notices as
        required by title I of the Adam Walsh Child Protection and
        Safety Act of 2006 (42 U.S.C. 16901 et seq.); and
            (2) establishing mechanisms for private companies and
        nongovernmental organizations to report on a voluntary basis
        suspected child pornography or exploitation to foreign
        governments, the nearest United States embassy in cases in
        which a possible United States citizen may be involved, or
        other appropriate entities.
    (b) Notification to the United States of Child-sex Offenses
Committed Abroad.--It is the sense of Congress that the President
should formally request foreign governments to notify the United States
when a United States citizen has been arrested, convicted, sentenced,
or completed a prison sentence for a child-sex offense in the foreign
country.

SEC. 6. ENHANCING THE MINIMUM STANDARDS FOR THE ELIMINATION OF
              TRAFFICKING.

    Section 108(b)(4) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7106(b)(4)) is amended by adding at the end before the
period the following: ``, including severe forms of trafficking in
persons related to sex tourism''.

SEC. 7. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS FOR
              THE ELIMINATION OF TRAFFICKING.

    The President is strongly encouraged to exercise the authorities of
section 134 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152d) to
provide assistance to foreign countries directly, or through
nongovernmental and multilateral organizations, for programs, projects,
and activities, including training of law enforcement entities and
officials, designed to establish systems to identify sex offenders and
provide and receive notification of child sex offender international
travel.

SEC. 8. RULES OF CONSTRUCTION.

    (a) Department of Justice.--Nothing in this Act shall be construed
to preclude or alter the jurisdiction or authority of the Department of
Justice under the Adam Walsh Child Protection and Safety Act of 2006
(42 U.S.C. 16901 et seq.), including section 113(d) of such Act, or any
other provision law, or to affect the work of the United States
Marshals Service with INTERPOL.
    (b) Angel Watch Center.--Nothing in this Act shall be construed to
preclude the Angel Watch Center from transmitting notice with respect
to any sex offender described in paragraph (3) or (4) of section 111 of
the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C.
16911) or with respect to any sex offense described in paragraph (5) of
such section.

Summary: This measure has not been amended since it was passed by the House on May 20, 2014. International Megan's Law to Prevent Demand for Child Sex Trafficking - Directs the Secretary of Homeland Security (DHS) to establish within the Child Exploitation Investigations Unit of US Immigration and Customs Enforcement (ICE) the Angel Watch Center, which shall: (1) receive information on travel by child-sex offenders. (2) establish a system to maintain and archive all relevant information, including decisions not to transmit notification abroad and responses of destination countries to notifications. (3) establish an annual review process to ensure that the Center is consistent in procedures regarding providing notification to destination countries. And (4) establish a mechanism to receive complaints from child-sex offenders affected by notifications of destination countries. Authorizes the Center to transmit notice to a destination country of impending or current international travel of a child-sex offender to such country. Requires the Secretary, in conjunction with any appropriate agency, if the Center transmits such notice to a destination country, to make reasonable efforts to provide constructive notice through electronic or telephonic communication to the child-sex offender prior to such offender's arrival in such country, except when such constructive notice would conflict with an existing investigation involving the offender. Requires the Center to make reasonable efforts to provide constructive notice to such offender if the Center has reason to believe that transmitting notice to a destination country: (1) poses a risk to the life or well-being of the offender, or (2) is highly likely to result in the destination country denying entry to the offender. Terminates the authority of the Center to transmit such notice of international travel of a child-sex offender as of the close of the last day of the registration period of such offender under the Adam Walsh Child Protection and Safety Act of 2006 . Directs the Center to establish a mechanism to receive complaints from child-sex offenders affected by notifications of destination countries. Requires the Center to engage in ongoing consultations with: (1) nongovernmental organizations that have experience in identifying and preventing child sex tourism and rescuing and rehabilitating minor victims of international sexual exploitation and trafficking, (2) the governments of countries interested in cooperating in the creation of an international sex offender travel notification system or that are primary destination or source countries for international sex tourism, and (3) Internet service and software providers regarding technology to facilitate the implementation of an international sex offender travel notification system in the United States and in other countries. Authorizes the Secretary of Homeland Security and the Secretary of State to provide technical assistance to enable foreign authorities to participate more effectively in the notification program system. Expresses the sense of Congress that the President should: (1) negotiate bilateral agreements with foreign governments to further the purposes of this Act. And (2) formally request foreign governments to notify the United States when a US citizen has been arrested, convicted, or sentenced or has completed a prison sentence for a child-sex offense in the foreign country. Amends the Trafficking Victims Protection Act of 2000 to include, as indicia of serious and sustained efforts to eliminate severe forms of trafficking in persons, a country's cooperation with other governments in the investigation and prosecution of such trafficking, including trafficking related to sex tourism. Encourages the President to use authorities under the Foreign Assistance Act of 1961 to assist foreign countries in identifying sex offenders and providing and receiving notification of child sex offender international travel.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Drought Relief Act of
1998''.

SEC. 2. LOAN RATES FOR MARKETING ASSISTANCE LOANS FOR CERTAIN CROPS.

    (a) Wheat.--Subsection (a) of section 132 of the Agricultural
Market Transition Act (7 U.S.C. 7232) is amended by striking paragraph
(1) and inserting the following new paragraph:
            ``(1) Loan rate.--Subject to paragraph (2), the loan rate
        for a marketing assistance loan under section 131 for wheat
        shall be equal to not less than 85 percent of the simple
        average price received by producers of wheat, as determined by
        the Secretary, during the marketing years for the immediately
        preceding 5 crops of wheat, excluding the year in which the
        average price was the highest and the year in which the average
        price was the lowest in the period.''.
    (b) Feed Grains.--Subsection (b) of such section is amended by
striking paragraph (1) and inserting the following new paragraph:
            ``(1) Loan rate for corn.--Subject to paragraph (2), the
        loan rate for a marketing assistance loan under section 131 for
        corn shall be equal to not less than 85 percent of the simple
        average price received by producers of corn, as determined by
        the Secretary, during the marketing years for the immediately
        preceding 5 crops of corn, excluding the year in which the
        average price was the highest and the year in which the average
        price was the lowest in the period.''.
    (c) Upland Cotton.--Subsection (c)(2) of such section is amended by
striking ``or more than $0.5192 per pound''.
    (d) Extra Long Staple Cotton.--Subsection (d) of such section is
amended to read as follows:
    ``(d) Extra Long Staple Cotton.--The loan rate for a marketing
assistance loan under section 131 for extra long staple cotton shall be
equal to not less than 85 percent of the simple average price received
by producers of extra long staple cotton, as determined by the
Secretary, during 3 years of the 5-year period ending July 31 of the
year preceding the year in which the crop is planted, excluding the
year in which the average price was the highest and the year in which
the average price was the lowest in the period.''.
    (e) Oilseeds.--Subsection (f) of such section is amended--
            (1) in paragraph (1)(B), by striking ``or more than
        $5.26''; and
            (2) in paragraph (2)(B), by striking ``or more than
        $0.093''.

SEC. 3. COST-SHARE ASSISTANCE FOR AGRICULTURAL PRODUCERS PERFORMING
              CERTAIN DROUGHT ALLEVIATION PROJECTS.

    (a) Definitions.--In this section:
            (1) Designated disaster area.--The term ``designated
        disaster area'' means an area that is covered by a Presidential
        declaration of major disaster issued under section 401 of the
        Robert T. Stafford Disaster Relief and Emergency Assistance Act
        (42 U.S.C. 5170) or determined to be a disaster area by the
        Secretary of Agriculture under subpart A of part 1945 of title
        7, Code of Federal Regulations, if the basis for the
        Presidential declaration or Secretarial determination is at
        least in part the result of drought conditions in the area.
            (2) Eligible land.--The term ``eligible land'' means
        agricultural land, including cropland, rangeland, pasture, and
        other land on which crops or livestock are produced, or land
        used to support the production of crops or livestock.
            (3) Livestock.--The term ``livestock'' means dairy cattle,
        beef cattle, laying hens, broilers, turkeys, swine, sheep, and
        such other animals as determined by the Secretary.
            (4) Producer.--The term ``producer'' means a person who is
        engaged in livestock or agricultural production (as defined by
        the Secretary).
    (b) Authority To Provide Assistance.--During the 1999 through 2002
fiscal years, the Secretary of Agriculture may provide technical
assistance and cost-share payments to a producer who undertakes on
eligible lands in a designated disaster area a project intended to
alleviate or otherwise respond to the effects of drought on crop or
livestock production. A producer may apply for cost-share payments
under this section before undertaking an eligible project, during the
course of the project, or within one year after completing the project.
A project may be completed after the expiration of the designation of
an area as a designated disaster area.
    (c) Eligible Projects.--The projects for which assistance may be
provided under this section include--
            (1) the installation of water wells to be used primarily
        for crop irrigation or livestock watering;
            (2) the dredging of ponds or other small bodies of water on
        eligible lands; and
            (3) the extension of public water supply lines to serve
        eligible lands.
    (d) Offer Selection Process.--The Secretary of Agriculture shall,
to the maximum extent practicable, establish a process for selecting
applications for financial assistance if there are numerous
applications for assistance for eligible projects that would provide
substantially the same level of benefits. The process shall be based
on--
            (1) a reasonable estimate of the projected cost of the
        proposals and other factors identified by the Secretary for
        determining which applications will result in the least cost to
        the program authorized by this section; and
            (2) such other factors determined by the Secretary that
        maximize benefits in designated disaster areas per dollar
        expended.
    (e) Concurrence of Owner.--If the producer making an offer to
receive assistance is a tenant using the eligible land, for the offer
to be acceptable, the producer shall obtain the concurrence of the
owner of the eligible land with respect to the offer.
    (f) Amount of Cost-Share Payments.--The Federal share of cost-share
payments to a producer proposing to implement one or more eligible
project shall be not more than 75 percent of the projected cost of the
project, as determined by the Secretary of Agriculture, taking into
consideration any payment received by the producer from a State or
local government. A producer may not receive cost-share payments under
this section for a project if the producer receives cost-share payments
or other benefits for the same project under another provision of law.
    (g) Technical Assistance.--The receipt of technical assistance
under this section shall not affect the eligibility of the producer to
receive technical assistance under other authorities of law available
to the Secretary of Agriculture.
    (h) Retroactive Effect.--This section shall apply to eligible
projects commenced in designated disaster areas on or after January 1,
1998.

SEC. 4. AUTHORITY TO PROVIDE EMERGENCY LOANS BASED ON ESTIMATED LOSSES.

    Subtitle C of the Consolidated Farm and Rural Development Act (7
U.S.C. 1961-1970) is amended by inserting after section 327 the
following:
    ``Sec. 328. In this subtitle, the terms `actual loss' and `actual
production loss' mean actual loss or (if greater) the estimated loss as
determined by the relevant county committee.''.

SEC. 5. BORROWER ELECTION TO DEFER INTEREST PAYMENTS ON EMERGENCY
              LOANS.

    Section 324 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1964) is amended by adding at the end the following:
    ``(f) A borrower of a loan made under this subtitle may elect to
defer the payment of any or all interest on the loan until the end of
the period for which the loan is made.''.

Summary: Emergency Drought Relief Act of 1998 - Amends the Agricultural Market Transition Act to eliminate marketing assistance loan rate caps for wheat, corn and feed grains, upland and extra long staple cotton, and oilseeds. Authorizes the Secretary of Agriculture to (temporarily) provide cost-share assistance for crop and livestock producers performing certain drought alleviation projects. Makes such assistance available retroactively to eligible projects begun as of January 1, 1998. Amends the Consolidated Farm and Rural Development Act to authorize: (1) emergency loans based upon estimated losses, and (2) emergency loan interest deferral.

Emergency Drought Relief Act of 1998


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Geriatric Care Act of 2001''.

SEC. 2. DISREGARD OF CERTAIN GERIATRIC RESIDENTS AGAINST GRADUATE
              MEDICAL EDUCATION LIMITATIONS.

    (a) Direct GME.--Section 1886(h)(4)(F) of the Social Security Act
(42 U.S.C. 1395ww(h)(4)(F)) is amended by adding at the end the
following new clause:
                            ``(iii) Increase in limitation for
                        geriatric fellowships.--For cost reporting
                        periods beginning on or after the date that is
                        6 months after the date of enactment of the
                        Geriatric Care Act of 2001, in applying the
                        limitations regarding the total number of full-
                        time equivalent residents in the field of
                        allopathic or osteopathic medicine under clause
                        (i) for a hospital, rural health clinic, or
                        Federally qualified health center, the
                        Secretary shall not take into account a maximum
                        of 3 residents enrolled in a fellowship or
                        residency in geriatric medicine or geriatric
                        psychiatry within an approved medical residency
                        training program to the extent that the
                        hospital, rural health clinic, or Federally
                        qualified health center increases the number of
                        such residents above the number of such
                        residents for the hospital's, rural health
                        clinic's, or Federally qualified health
                        center's most recent cost reporting period
                        ending before the date that is 6 months after
                        the date of enactment of such Act.''.
    (b) Indirect GME.--Section 1886(d)(5)(B) of the Social Security Act
(42 U.S.C. 1395ww(d)(5)(B)) is amended by adding at the end the
following new clause:
            ``(ix) Clause (iii) of subsection (h)(4)(F), insofar as
        such clause applies with respect to hospitals, shall apply to
        clause (v) in the same manner and for the same period as such
        clause (iii) applies to clause (i) of such subsection.''.

SEC. 3. MEDICARE COVERAGE OF CARE COORDINATION AND ASSESSMENT SERVICES.

    (a) Part B Coverage of Care Coordination and Assessment Services.--
Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)),
as amended by section 105(a) of the Medicare, Medicaid, and SCHIP
Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471),
as enacted into law by section 1(a)(6) of Public Law 106-554, is
amended--
            (1) in subparagraph (U), by striking ``and'' at the end;
            (2) in subparagraph (V), by inserting ``and'' after the
        semicolon at the end; and
            (3) by adding at the end the following new subparagraph:
            ``(W) care coordination and assessment services (as defined
        in subsection (ww)).''.
    (b) Care Coordination and Assessment Services Defined.--Section
1861 of the Social Security Act (42 U.S.C. 1395x), as amended by
section 105(b) of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as
enacted into law by section 1(a)(6) of Public Law 106-554), is amended
by adding at the end the following new subsection:

``Care Coordination and Assessment Services; Individual with a Serious
           and Disabling Chronic Condition; Care Coordinator

    ``(ww)(1) The term `care coordination and assessment services'
means services that are furnished to an individual with a serious and
disabling chronic condition (as defined in paragraph (2)) by a care
coordinator (as defined in paragraph (3)) under a plan of care
prescribed by such care coordinator for the purpose of care
coordination and assessment, which may include any of the following
services:
            ``(A) An initial assessment of an individual's medical
        condition, functional and cognitive capacity, and environmental
        and psychological needs and an annual reassessment of such
        condition, capacity, and needs, unless the care coordinator
        determines that a more frequent reassessment is necessary based
        on sentinel health events (as defined by the Secretary) or a
        change in health status that may require a change in the
        individual's plan of care.
            ``(B) The coordination of, and referral for, medical and
        other health services, including--
                    ``(i) multidisciplinary care conferences;
                    ``(ii) coordination with other providers (including
                telephone consultations with physicians); and
                    ``(iii) the monitoring and management of
                medications, with special emphasis on the management on
                behalf of an individual with a serious and disabling
                chronic condition that uses multiple medications
                (including coordination with the entity managing
                benefits for the individual).
            ``(C) Patient and family caregiver education and counseling
        services (through office visits or telephone consultation),
        including self-management services and risk appraisal services
        to identify behavioral risk factors through self-assessment.
            ``(D) Such other services for which payment would not
        otherwise be made under this title as the Secretary determines
        to be appropriate, including activities to facilitate
        continuity of care and patient adherence to plans of care.
    ``(2) For purposes of this subsection, the term `individual with a
serious and disabling chronic condition' means an individual who a care
coordinator annually certifies--
            ``(A) is unable to perform (without substantial assistance
        from another individual) at least 2 activities of daily living
        (as described in section 7702B(c)(2)(B) of the Internal Revenue
        Code of 1986) for a period of at least 90 days due to a loss of
        functional capacity;
            ``(B) has a level of disability similar to the level of
        disability described in subparagraph (A) (as determined under
        regulations promulgated by the Secretary);
            ``(C) requires medical management and coordination of care
        due to a complex medical condition (as defined by the
        Secretary); or
            ``(D) requires substantial supervision to protect such
        individual from threats to health and safety due to a severe
        cognitive impairment (as defined by the Secretary).
    ``(3)(A) For purposes of this subsection, the term `care
coordinator' means an individual or entity that--
            ``(i) is--
                    ``(I) a physician (as defined in subsection
                (r)(1)); or
                    ``(II) a practitioner described in section
                1842(b)(18)(C) or an entity that meets such conditions
                as the Secretary may specify (which may include
                physicians, physician group practices, or other health
                care professionals or entities the Secretary may find
                appropriate) working in collaboration with a physician;
            ``(ii) has entered into a care coordination agreement with
        the Secretary; and
            ``(iii) meets such other criteria as the Secretary may
        establish (which may include experience in the provision of
        care coordination or primary care physicians' services).
    ``(B) For purposes of subparagraph (A)(ii), each care coordination
agreement shall--
            ``(i) be entered into for a period of 1 year and may be
        renewed if the Secretary is satisfied that the care coordinator
        continues to meet the conditions of participation specified in
        subparagraph (A);
            ``(ii) assure that the care coordinator will submit reports
        to the Secretary on the functional and medical status of
        individuals with a chronic and disabling condition who receive
        care coordination services, expenditures relating to such
        services, and health outcomes relating to such services, except
        that the Secretary may not require a care coordinator to submit
        more than 1 such report during a year; and
            ``(iii) contain such other terms and conditions as the
        Secretary may require.''.
    (c) Payment and Elimination of Coinsurance.--
            (1) In general.--Section 1833(a)(1) of the Social Security
        Act (42 U.S.C. 1395l(a)(1)), as amended by section 223(c) of
        the Medicare, Medicaid, and SCHIP Benefits Improvement and
        Protection Act of 2000 (114 Stat. 2763A-489), as enacted into
        law by section 1(a)(6) of Public Law 106-554, is amended--
                    (A) by striking ``and (U)'' and inserting ``(U)'';
                and
                    (B) by inserting before the semicolon at the end
                the following: ``, and (V) with respect to care
                coordination and assessment services described in
                section 1861(s)(2)(W), the amounts paid shall be 100
                percent of the lesser of the actual charge for the
                service or the amount determined under the payment
                basis determined under section 1848 by the Secretary
                for such service''.
            (2) Payment under physician fee schedule.--Section
        1848(j)(3) (42 U.S.C. 1395w-4(j)(3)) is amended by inserting
        ``(2)(W),'' after ``(2)(S),''.
            (3) Elimination of coinsurance in outpatient hospital
        settings.--The third sentence of section 1866(a)(2)(A) of the
        Social Security Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by
        inserting after ``1861(s)(10)(A)'' the following: ``, with
        respect to care coordination and assessment services (as
        defined in section 1861(ww)(1)),''.
    (d) Application of Limits on Billing.--Section 1842(b)(18)(C) of
the Social Security Act (42 U.S.C. 1395u(b)(18)(C)), as amended by
section 105(d) of the Medicare, Medicaid, and SCHIP Benefits
Improvement and Protection Act of 2000 (114 Stat. 2763A-472), as
enacted into law by section 1(a)(6) of Public Law 106-554, is amended
by adding at the end the following new clause:
            ``(vii) A care coordinator (as defined in section
        1861(ww)(3)) that is not a physician.''.
    (e) Exception to Limits on Physician Referrals.--Section 1877(b) of
the Social Security Act (42 U.S.C. 1395nn(b)) is amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting after paragraph (3) the following new
        paragraph:
            ``(4) Private sector purchasing and quality improvement
        tools for original medicare.--In the case of a designated
        health service, if the designated health service is--
                    ``(A) a care coordination and assessment service
                (as defined in section 1861(ww)(1)); and
                    ``(B) provided by a care coordinator (as defined in
                paragraph (3) of such section).''.
    (f) Rulemaking.--The Secretary of Health and Human Services shall
define such terms and establish such procedures as the Secretary
determines necessary to implement the provisions of this section.
    (g) Effective Date.--The amendments made by this section shall
apply to care coordination and assessment services furnished on or
after January 1, 2003.

Summary: Geriatric Care Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to payments to hospitals, rural health clinics, or Federally qualified health centers for direct graduate medical education costs and the limitation on the number of full-time-equivalent residents in allopathic and osteopathic medicine. Provides for the disregard of up to three geriatric residents in applying such limitation. Amends SSA title XVIII, as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide for Medicare coverage of care coordination and assessment services to an individual with a serious and disabling chronic condition.

To amend title XVIII of the Social Security Act to permit expansion of medical residency training programs in geriatric medicine and to provide for reimbursement of care coordination and assessment services provided under the Medicare Program.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``After Care Act of 2007''.

SEC. 2. REQUIREMENT OF AIDS TESTING FOR PRISONERS ABOUT TO BE RELEASED.

    Section 4014(a) of title 18, United States Code, is amended by
adding at the end the following: ``The Attorney General shall cause
each individual about to be released from a sentence of imprisonment
for a Federal offense, other than those who have already tested
positive for the human immunodeficiency virus, to be tested for the
presence of that virus. If an individual is determined under the
preceding sentence to test positive for the presence of the human
immunodeficiency virus, the Attorney General shall inform the
individual, prior to the individual's release, that the individual has
tested positive for such virus and has an obligation to accept
treatment through the program under section 4 of the After Care Act of
2007.''.

SEC. 3. CONDITIONS OF SUPERVISED RELEASE.

    Section 3583(d) of title 18, United States Code, is amended by
inserting after the 4th sentence the following: ``The court shall
order, as explicit conditions of supervised release, that the defendant
accept treatment through the program under section 4 of the After Care
Act of 2007 and provide notice to any prospective sexual partner that
the defendant has tested positive for the presence of the human
immunodeficiency virus before engaging in any sex act with such
partner, if the Attorney General informs the defendant before the
defendant's release from prison that the defendant has tested positive
for the presence of the human immunodeficiency virus and it will be the
obligation of the defendant to accept such treatment and provide such
notice.''.

SEC. 4. PROGRAM FOR HIV/AIDS TREATMENT OF RECENTLY RELEASED FEDERAL
              PRISONERS.

    (a) Establishment.--The Attorney General of the United States and
the Secretary of Health and Human Services, acting jointly, shall
establish and maintain a program to provide to each eligible individual
treatment for HIV/AIDS throughout the treatment period.
    (b) Consultation.--In carrying out this section, the Attorney
General of the United States and the Secretary of Health and Human
Services shall consult with the Director of the Centers for Disease
Control and Prevention, the Administrator of the Health Resources and
Services Administration, and the Administrator of the Centers for
Medicare & Medicaid Services.
    (c) Program Requirements.--The program established under subsection
(a) shall provide for the following:
            (1) Each eligible individual shall be provided with
        treatment for HIV/AIDS throughout the treatment period.
            (2) Prior to the eligible individual's release by the
        Bureau of Prisons, a culturally competent health care provider
        shall be assigned to the individual--
                    (A) to formulate a medical discharge plan for the
                individual; and
                    (B) to continue to provide support services to the
                individual throughout the treatment period.
            (3) A discharge plan under paragraph (2)(A) shall include--
                    (A) completion of the procedural requirements
                necessary to establish eligibility for benefits under
                government programs, such as Medicaid, in sufficient
                time so that such eligibility has been established
                prior to release;
                    (B) provision of government-issued identification;
                and
                    (C) provision to the eligible individual and to the
                health care provider assigned to the individual under
                paragraph (2) of copies of all medical documents
                relating to the individual's treatment while
                incarcerated, including copies of prescriptions.
            (4) Prior to the eligible individual's release by the
        Bureau of Prisons--
                    (A) a determination shall be made as to whether the
                individual will be homeless upon release; and
                    (B) if the individual would otherwise be homeless
                upon release, arrangements shall be made for safe and
                appropriate housing for the individual.
            (5) Prior to the eligible individual's release by the
        Bureau of Prisons, the health care provider assigned to the
        individual under paragraph (2) shall schedule a medical
        appointment for the individual.
            (6) Prior to the eligible individual's release by the
        Bureau of Prisons--
                    (A) the individual shall be provided with a one to
                two week supply of medications for treatment for HIV/
                AIDS; and
                    (B) to minimize the risk of such medications being
                resold--
                            (i) if the individual is receiving pain
                        medication while incarcerated, the individual
                        shall be tested to determine whether the
                        individual has been taking or selling the
                        medication; and
                            (ii) the medications provided under
                        subparagraph (A) shall be provided in a form,
                        such as open boxes, that is more difficult to
                        sell.
            (7) At the point of the eligible individual's release by
        the Bureau of Prisons, the individual--
                    (A) shall be met and escorted to the services
                necessary for treatment for HIV/AIDS; and
                    (B) shall be provided with any appropriate
                emergency assistance, such as appropriate clothing.
            (8) During the treatment period--
                    (A) the eligible individual shall be provided with
                a contact for his or her first medical appointment and,
                if necessary, arrangements shall be made for subsequent
                appointments;
                    (B) the individual shall be provided with treatment
                adherence services to help the individual understand
                and adhere to the applicable medical regimen;
                    (C) the individual shall be provided, as determined
                necessary, with access to substance abuse treatment and
                to mental health services; and
                    (D) a skilled and culturally competent case manager
                and counselor shall be assigned to work with the
                individual to ensure that needed support services are
                obtained, medical appointments are kept, and the
                individual is supported through the difficult
                transition from incarceration to the streets.
            (9) Before the end of the treatment period, the health care
        provider assigned to the eligible individual under paragraph
        (2) shall arrange for the continuation of treatment for HIV/
        AIDS after such period.
    (d) Definitions.--In this section:
            (1) The term ``eligible individual'' means an individual
        who--
                    (A) is released from a sentence of imprisonment for
                a Federal offense; and
                    (B) at the time of such release, tests positive for
                the presence of the human immunodeficiency virus.
            (2) The term ``treatment for HIV/AIDS'' means treatment for
        human immunodeficiency virus or acquired immune deficiency
        syndrome. Such treatment includes health care (including the
        provision of medication), counseling, and education.
            (3) The term ``treatment period'' means the period--
                    (A) beginning on the date of the individual's
                release by the Bureau of Prisons; and
                    (B) ending on the date that is 2 years after such
                date of release.
    (e) Applicability.--This section applies only with respect to
eligible individuals released on or after the dates that is 60 days
after the date of the enactment of this Act.
    (f) Funding.--For fiscal year 2008 and each subsequent fiscal year,
there shall be appropriated such sums as may be necessary to carry out
this section.

SEC. 5. UNLAWFUL SALE OF FEDERALLY FUNDED HIV/AIDS MEDICATION.

    (a) Prohibition.--A person receiving HIV/AIDS medication, including
antiretrovirals, through a Federal program shall not sell, or trade for
any benefit, such medication.
    (b) Enforcement.--If a person violates subsection (a), the Federal
official responsible for the program involved shall prohibit the person
from receiving any additional HIV/AIDS medication through such program,
unless the person agrees to abide by the following:
            (1) The person will receive such medication only through a
        pharmacy that has been designated by the Secretary of Health
        and Human Services as a specialty HIV pharmacy.
            (2) The person will receive counseling to help him or her
        understand and adhere to the applicable medical regimen.
    (c) Designation of Specialty HIV Pharmacies.--For purposes of
subsection (b)(1), the Secretary of Health and Human Services shall
designate a pharmacy as a specialty HIV pharmacy if the pharmacy agrees
to take such actions as may be determined necessary by the Secretary to
prevent persons who receive HIV/AIDS medication from violating
subsection (a).
    (d) Definition.--In this section, the term ``HIV/AIDS medication''
means medication to treat the person involved for human
immunodeficiency virus, acquired immune deficiency syndrome, or related
symptoms.

Summary: After Care Act of 2007 - Amends the federal criminal code to require: (1) the Attorney General to provide for the testing of prisoners about to be released from a federal facility for the human immunodeficiency virus. And (2) courts to order defendants testing positive for the virus to accept HIVAIDS treatment as a condition of supervised release and to notify any prospective sexual partner of HIVAIDS status. Requires the Attorney General and the Secretary of Health and Human Services to establish and maintain a program for HIVAIDS treatment of prisoners for two years after release by the Bureau of Prisons. Prohibits individuals receiving HIVAIDS medication, including antiretrovirals, through a federal program from selling or trading such medication.

To amend title 18 of the United States Code to require HIV testing of Federal prisoners about to be released, to direct the Attorney General of the United States and the Secretary of Health and Human Services to provide HIV/AIDS treatment for recently released Federal prisoners, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pharmaceutical Products Price Equity
Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Modern life enhancing and life sustaining drugs are the
        products of decades of scientific research and practice.
            (2) The refining and production of products by American
        pharmaceutical enterprises must be appropriately compensated.
            (3) The pricing of American pharmaceutical products varies
        greatly from country to country with the corporate owners of
        such products voluntarily assuming no losses by always selling
        their products above the cost of production.
            (4) Considering the vital life and death nature of
        pharmaceutical products, it is appropriate that the United
        States Government, in harmony with other nations belonging to
        the World Trade Organization, should engage in the reasonable
        regulation of the prices of pharmaceutical products.

SEC. 3. REASONABLE LIMITS ON PROFITS OF PHARMACEUTICAL PRODUCTS.

    (a) Presidential Authority.--The President shall issue such orders
and regulations, and establish such procedures and reporting
requirements, as the President determines to be appropriate to ensure
that no pharmaceutical product (as defined by the President in such
regulation or order) is sold to any consumer in the United States at a
price that is more than 6 percent above the average retail price at
which such pharmaceutical product is sold in the 5 most industrialized,
free-market countries, other than the United States, as determined by
the President.
    (b) Delegation.--The President may delegate the performance of any
function under this section to any officer of any Federal department or
agency who has been appointed by the President, by and with the consent
of the Senate.
    (c) Confidentiality of Information.--All information reported to or
otherwise obtained by any person exercising any authority under this
section which contains or relates to a trade secret or other matter
referred to in section 1905 of title 18, United States Code, shall be
considered confidential for purposes of that section, except that such
information may be disclosed to any other officer or employee of the
United States involved in carrying out this section solely for the
purpose of carrying out, and enforcing compliance with, this section.
    (d) Subpoena Power and Production of Documents.--
            (1) In general.--The officer of any agency or department to
        whom the President has delegated any authority under this
        section, may--
                    (A) examine any books, papers, records, or other
                data of any person which is relevant to the enforcement
                of this section or to any recordkeeping or reporting
                requirement prescribed for the purpose of carrying out
                this section; and
                    (B) summon any person, an officer or employee of
                any person (including a former officer or employee), or
                any person having possession, custody, or care of the
                reports and records required to be made or maintained
                pursuant to this section, to appear at a time and place
                named in the summons and to produce such books, papers,
                records, or other data, and to give testimony, under
                oath, as may be relevant or material to an
                investigation or procedure under this section.
            (2) Administrative aspects of summons.--
                    (A) Production at designated site.--A summons
                issued pursuant to this section may require that books,
                papers, records, or other data stored or maintained at
                any place be produced at any designated location in any
                State  or in any territory or other place subject to
the jurisdiction of the United States not more than 500 miles distant
from any place where the person summoned operates or conducts business
in the United States.
                    (B) Fees and travel expenses.--Persons summoned
                under this section shall be paid the same fees and
                mileage for travel in the United States that are paid
                witnesses in the courts of the United States.
                    (C) No liability for expenses.--The United States
                shall not be liable for any expense, other than an
                expense described in subparagraph (B), incurred in
                connection with the production of books, papers,
                records, or other data under this section.
            (3) Service of summons.--Service of a summons issued under
        this section may be by registered mail or in such other manner
        calculated to give actual notice as the officer delegated by
        the President may prescribe by regulation.
            (4) Contumacy or refusal.--
                    (A) Referral to attorney general.--In case of
                contumacy by a person issued a summons under this
                subsection or a refusal by such person to obey such
summons, the officer issuing the summons shall refer the matter to the
Attorney General.
                    (B) Jurisdiction of court.--The Attorney General
                may invoke the aid of any court of the United States
                within the jurisdiction of which--
                            (i) the investigation which gave rise to
                        the summons is being or has been carried on;
                            (ii) the person summoned is an inhabitant;
                        or
                            (iii) the person summoned carries on
                        business or may be found,
                to compel compliance with the summons.
                    (C) Court order.--The court may issue an order
                requiring the person summoned to appear before the
                Secretary or his delegate to produce books, papers,
                records, and other data, to give testimony as may be
                necessary to explain how such material was compiled and
                maintained, and to pay the costs of the proceeding.
                    (D) Failure to comply with order.--Any failure to
                obey the order of the court may be punished by the
                court as a contempt thereof.
                    (E) Service of process.--All process in any case
                under this subsection may be served in any judicial
                district in which such person may be found.

SEC. 4. ENFORCEMENT.

    (a) Injunctions and Other Relief.--
            (1) In general.--Whenever it appears to the officer
        authorized by the President to exercise authority under this
        Act, that any person has engaged, is engaged, or is about to
        engage in any act or practice that constitutes a violation of
        any regulation or order prescribed or issued pursuant to
        section 3, the officer may request the Attorney General to
        bring an action in an appropriate district court of the United
        States to enjoin such act or practice.
            (2) Remedies.--Upon a proper showing in any action under
        paragraph (1), the court--
                    (A) shall issue a temporary restraining order or
                grant a preliminary or permanent injunction without
                bond;
                    (B) may also issue a mandatory injunction
                commanding any person to comply with any order or
                injunction issued or granted under subparagraph (A);
                and
                    (C) may order restitution of moneys received in
                violation of any regulation prescribed or order issued
                under section 3 or any order issued or injunction
                granted under this section.
    (b) Penalties.--
            (1) Criminal.--Whoever knowingly violates any regulation
        prescribed or order issued under section 3 shall be fined not
        more than the amount equal to 200 percent of the amount of the
        sale related to each violation.
            (2) Civil.--
                    (A) In general.--Whoever violates any regulation
                prescribed or order issued under section 3 shall be
                liable to the United States for a civil penalty of not
                more than 200 percent of the amount by which such
                person was unjustly enriched in connection with such
                violation.
                    (B) Continuing violations.--A separate violation
                occurs for each sale of a pharmaceutical product in
                violation of a regulation prescribed or order issued
                under section 3.
                    (C) Assessment.--
                            (i) Written notice.--Any penalty imposed
                        under subparagraph (A) may be assessed and
                        collected by the officer authorized by the
                        President to exercise authority under this Act
                        by written notice.
                            (ii) Finality of assessment.--If, with
                        respect to any assessment under clause (i), a
                        hearing is not requested pursuant to
                        subparagraph (F) within the period of time
                        allowed under such subparagraph, the assessment
                        shall constitute a final and unappealable
                        order.
                    (D) Authority to modify or remit penalty.--Any
                officer authorized by the President to exercise
                authority under this Act may compromise, modify, or
                remit any penalty which such officer may assess or had
                already assessed under subparagraph (A).
                    (E) Mitigating factors.--In determining the amount
                of any penalty imposed under subparagraph (A), the
                officer authorized by the President to exercise
                authority under this Act shall take into account the
                appropriateness of the penalty with respect to--
                            (i) the size of financial resources and
                        good faith of the person charged;
                            (ii) the gravity of the violation;
                            (iii) the history of previous violations;
                        and
                            (iv) such other matters as justice may
                        require.
                    (F) Hearing.--The person against whom any penalty
                is assessed under this paragraph shall be afforded an
                agency hearing if such person submits a request for
                such hearing within 20 days after the issuance of the
                notice of assessment.
                    (G) Collection.--
                            (i) Referral.--If any person fails to pay
                        an assessment after any penalty assessed under
                        this paragraph has become final, the officer
                        who imposed the penalty shall recover the
                        amount assessed by action in the appropriate
                        United States district court.
                            (ii) Appropriateness of penalty not
                        reviewable.--In any civil action under clause
                        (i), the validity and appropriateness of the
                        penalty shall not be subject to review.
                    (H) Disbursement.--All penalties collected under
                authority of this paragraph shall be deposited into the
                Treasury.
                    (I) Regulations.--Any officer authorized by the
                President to exercise authority under this Act shall
                prescribe regulations establishing such procedures as
                may be necessary to carry out this paragraph.

SEC. 5. CIVIL LIABILITY.

    (a) Liability Established.--Any person who violates any regulation
prescribed or order issued under this Act with respect to any other
person shall be liable to such person in an amount equal to the sum of
the amounts determined under each of the following paragraphs:
            (1) Actual damages.--The greater of--
                    (A) the amount of any actual damage sustained by
                such person as a result of such failure; or
                    (B) any amount paid by the injured person to the
                violator.
            (2) Punitive damages.--
                    (A) Individual actions.--In the case of any action
                by an individual, such additional amount as the court
                may allow.
                    (B) Class actions.--In the case of a class action,
                the sum of--
                            (i) the aggregate of the amount which the
                        court may allow for each named plaintiff; and
                            (ii) the aggregate of the amount which the
                        court may allow for each other class member,
                        without regard to any minimum individual
                        recovery.
            (3) Attorneys' fees.--In the case of any successful action
        to enforce any liability under paragraph (1) or (2), the costs
        of the action, together with reasonable attorneys' fees.
    (b) Factors To Be Considered in Awarding Punitive Damages.--In
determining the amount of any liability of any person under section
(a), the court shall consider, among other relevant factors--
            (1) the frequency and persistence of noncompliance by the
        violator;
            (2) the nature of the noncompliance;
            (3) the extent to which such noncompliance was intentional;
        and
            (4) in the case of any class action, the number of
        consumers adversely affected.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the President for fiscal
years 2003, 2004, and 2005, such sums as may be necessary to carry out
this Act.

Summary: Pharmaceutical Products Price Equity Act - Directs the President to issue orders and regulations, and establish procedures and reporting requirements, to ensure that no pharmaceutical product is sold to any consumer in the United States at a price that is more than six percent above the average retail price at which such pharmaceutical product is sold in the five most industrialized, free-market countries, other than the United States. Sets forth enforcement and civil liability provisions.

To provide for prices of pharmaceutical products that are fair to the producer and the consumer, and for other purposes.


SECTION 1. DEMONSTRATION PROGRAM ON ACCESSION OF CANDIDATES WITH
              AUDITORY IMPAIRMENTS AS AIR FORCE OFFICERS.

    (a) Demonstration Program Required.--Beginning not later than 90
days after the date of the enactment of this Act, the Secretary of the
Air Force shall carry out a demonstration program to assess the
feasibility and advisability of permitting individuals with auditory
impairments (including deafness) to access as officers of the Air
Force.
    (b) Candidates.--
            (1) Number of candidates.--The total number of individuals
        with auditory impairments who may participate in the
        demonstration program shall be not fewer than 15 individuals or
        more than 20 individuals.
            (2) Mix and range of auditory impairments.--The individuals
        who participate in the demonstration program shall include
        individuals who are deaf and individuals who have a range of
        other auditory impairments.
            (3) Qualification for accession.--Any individual who is
        chosen to participate in the demonstration program shall meet
        all essential qualifications for accession as an officer in the
        Air Force, other than those related to having an auditory
        impairment.
    (c) Selection of Participants.--
            (1) In general.--The Secretary of the Air Force shall--
                    (A) publicize the demonstration program nationally,
                including to individuals who have auditory impairments
                and would be otherwise qualified for officer training;
                    (B) create a process whereby interested individuals
                can apply for the demonstration program; and
                    (C) select the participants for the demonstration
                program, from among the pool of applicants, based on
                the criteria in subsection (b).
            (2) No prior service as air force officers.--Participants
        selected for the demonstration program shall be individuals who
        have not previously served as officers in the Air Force.
    (d) Basic Officer Training.--
            (1) In general.--The participants in the demonstration
        program shall undergo, at the election of the Secretary of the
        Air Force, the Basic Officer Training course or the
        Commissioned Officer Training course at Maxwell Air Force Base,
        Alabama.
            (2) Number of participants.--Once individuals begin
        participating in the demonstration program, each Basic Officer
        Training course or Commissioned Officer Training course at
        Maxwell Air Force Base, Alabama, shall include not fewer than
        4, or more than 6, participants in the demonstration program
        until all participants have completed such training.
            (3) Auxiliary aids and services.--The Secretary of Defense
        shall ensure that participants in the demonstration program
        have the necessary auxiliary aids and services (as that term is
        defined in section 4 of the Americans With Disabilities Act of
        1990 (42 U.S.C. 12103)) in order to fully participate in the
        demonstration program.
    (e) Coordination.--
            (1) Special advisor.--The Secretary of the Air Force shall
        designate a special advisor to the demonstration program to act
        as a resource for participants in the demonstration program, as
        well as a liaison between participants in the demonstration
        program and those providing the officer training.
            (2) Qualifications.--The special advisor shall be a member
        of the Armed Forces on active duty--
                    (A) who--
                            (i) if a commissioned officer, shall be in
                        grade O-3 or higher; or
                            (ii) if an enlisted member, shall be in
                        grade E-5 or higher; and
                    (B) who is knowledgeable about issues involving,
                and accommodations for, individuals with auditory
                impairments (including deafness).
            (3) Responsibilities.--The special advisor shall be
        responsible for facilitating the officer training for
        participants in the demonstration program, intervening and
        resolving issues and accommodations during the training, and
        such other duties as the Secretary of the Air Force may assign
        to facilitate the success of the demonstration program and
        participants.
    (f) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the appropriate committees of Congress a report on the demonstration
program. The report shall include the following:
            (1) A description of the demonstration program and the
        participants in the demonstration program.
            (2) The outcome of the demonstration program, including--
                    (A) the number of participants in the demonstration
                program that successfully completed the Basic Officer
                Training course or the Commissioned Officer Training
                course;
                    (B) the number of participants in the demonstration
                program that were recommended for continued military
                service;
                    (C) the issues that were encountered during the
                program; and
                    (D) such recommendation for modifications to the
                demonstration program as the Secretary considers
                appropriate to increase further inclusion of
                individuals with auditory disabilities serving as
                officers in the Air Force or other Armed Forces.
            (3) Such recommendations for legislative or administrative
        action as the Secretary considers appropriate in light of the
        demonstration program.
    (g) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services, the Committee on
        Health, Education, Labor, and Pensions, and the Committee on
        Appropriations of the Senate; and
            (2) the Committee on Armed Services and the Committee on
        Appropriations of the House of Representatives.

Summary: Requires the Secretary of the Air Force to carry out a demonstration program to assess the feasibility and advisability of permitting individuals with auditory impairments access as officers of the Air Force. Authorizes between 15 and 20 individuals who are deaf or have a range of other auditory impairments, who otherwise meet all essential qualifications for accession as an officer of the Air Force, and who have not previously served as officers to participate in such program. Requires selected participants to undergo the Basic Officer Training course or the Commissioned Officer Training course at Maxwell Air Force Base, Alabama, at the election of the Secretary. Requires the Secretary to designate a special advisor to act as a resource for participants, as well as a liaison between participants and those providing the officer training.

To require a demonstration program on the accession as Air Force officers of candidates with auditory impairments.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Security Act of 2003''.

SEC. 2. DEFINITIONS.

    Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is
amended--
            (1) by redesignating subsection jj. as subsection ii.; and
            (2) by adding at the end the following:
    ``jj. Design Basis Threat.--The term `design basis threat' means
the design basis threat established by the Commission under section
73.1 of title 10, Code of Federal Regulations (or any successor
regulation developed under section 170C).
    ``kk. Sensitive Nuclear Facility.--The term `sensitive nuclear
facility' means--
            ``(1) a commercial nuclear power plant and associated spent
        fuel storage facility;
            ``(2) a decommissioned nuclear power plant and associated
        spent fuel storage facility;
            ``(3) a category I fuel cycle facility;
            ``(4) a gaseous diffusion plant; and
            ``(5) any other facility licensed by the Commission, or
        used in the conduct of an activity licensed by the Commission,
        that the Commission determines should be treated as a sensitive
        nuclear facility under section 170C.''.

SEC. 3. NUCLEAR SECURITY.

    (a) In General.--Chapter 14 of the Atomic Energy Act of 1954 (42
U.S.C. 2201 et seq.) is amended by adding at the end the following:

``SEC. 170C. PROTECTION OF SENSITIVE NUCLEAR FACILITIES AGAINST THE
              DESIGN BASIS THREAT.

    ``(a) Definitions.--In this section:
            ``(1) Nuclear security force.--The term `nuclear security
        force' means the nuclear security force established under
        subsection (b)(1).
            ``(2) Fund.--The term `Fund' means the Nuclear Security
        Fund established under subsection (e).
            ``(3) Qualification standard.--The term `qualification
        standard' means a qualification standard established under
        subsection (d)(2)(A).
            ``(4) Security plan.--The term `security plan' means a
        security plan developed under subsection (b)(2).
    ``(b) Nuclear Security.--The Commission shall--
            ``(1) establish a nuclear security force, the members of
        which shall be employees of the Commission, to provide for the
        security of all sensitive nuclear facilities against the design
        basis threat; and
            ``(2) develop and implement a security plan for each
        sensitive nuclear facility to ensure the security of all
        sensitive nuclear facilities against the design basis threat.
    ``(c) Security Plans.--
            ``(1) In general.--Not later than 180 days after the date
        of enactment of this section, the Commission shall develop a
        security plan for each sensitive nuclear facility to ensure the
        protection of each sensitive nuclear facility against the
        design basis threat.
            ``(2) Elements of the plan.--A security plan shall
        prescribe--
                    ``(A) the deployment of the nuclear security force,
                including--
                            ``(i) numbers of the members of the nuclear
                        security force at each sensitive nuclear
                        facility;
                            ``(ii) tactics of the members of the
                        nuclear security force at each sensitive
                        nuclear facility; and
                            ``(iii) capabilities of the members of the
                        nuclear security force at each sensitive
                        nuclear facility;
                    ``(B) other protective measures, including--
                            ``(i) designs of critical control systems
                        at each sensitive nuclear facility;
                            ``(ii) restricted personnel access to each
                        sensitive nuclear facility;
                            ``(iii) perimeter site security, internal
                        site security, and fire protection barriers;
                            ``(iv) increases in protection for spent
                        fuel storage areas;
                            ``(v) placement of spent fuel in dry cask
                        storage; and
                            ``(vi) background security checks for
                        employees and prospective employees; and
                    ``(C) a schedule for completing the requirements of
                the security plan not later than 18 months after the
                date of enactment of this section.
            ``(3) Additional requirements.--A holder of a license for a
        sensitive nuclear facility under section 103 or 104 or the
        State or local government in which a sensitive nuclear facility
        is located may petition the Commission for additional
        requirements in the security plan for the sensitive nuclear
        facility.
            ``(4) Implementation of security plan.--Not later than 270
        days after the date of enactment of this section, the
        Commission, in consultation with a holder of a license for a
        sensitive nuclear facility under section 103 or 104, shall, by
        direct action of the Commission or by order requiring action by
        the licensee, implement the security plan for the sensitive
        nuclear facility in accordance with the schedule under
        paragraph (2)(C).
            ``(5) Sufficiency of security plan.--If at any time the
        Commission determines that the implementation of the
        requirements of the security plan for a sensitive nuclear
        facility is insufficient to ensure the security of the
        sensitive nuclear facility against the design basis threat, the
        Commission shall immediately submit to Congress and the
        President a classified report that--
                    ``(A) identifies the vulnerability of the sensitive
                nuclear facility; and
                    ``(B) recommends actions by Federal, State, or
                local agencies to eliminate the vulnerability.
    ``(d) Nuclear Security Force.--
            ``(1) In general.--Not later than 90 days after the date of
        the enactment of this section, the Commission, in consultation
        with other Federal agencies, as appropriate, shall establish a
        program for the hiring and training of the nuclear security
        force.
            ``(2) Hiring.--
                    ``(A) Qualification standards.--Not later than 30
                days after the date of enactment of this section, the
                Commission shall establish qualification standards that
                individuals shall be required to meet to be hired by
                the Commission as members of the nuclear security
                force.
                    ``(B) Examination.--The Commission shall develop
                and administer a nuclear security force personnel
                examination for use in determining the qualification of
                individuals seeking employment as members of the
                nuclear security force.
                    ``(C) Criminal and security background checks.--The
                Commission shall require that an individual to be hired
                as a member of the nuclear security force undergo a
                criminal and security background check.
                    ``(D) Disqualification of individuals who present
                national security risks.--The Commission, in
                consultation with the heads of other Federal agencies,
                as appropriate, shall establish procedures, in addition
                to any background check conducted under subparagraph
                (B), to ensure that no individual who presents a threat
                to national security is employed as a member of the
                nuclear security force.
            ``(3) Annual proficiency review.--
                    ``(A) In general.--The Commission shall provide
                that an annual evaluation of each member of the nuclear
                security force is conducted and documented.
                    ``(B) Requirements for continuation.--An individual
                employed as a member of the nuclear security force may
                not continue to be employed in that capacity unless the
                evaluation under subparagraph (A) demonstrates that the
                individual--
                            ``(i) continues to meet all qualification
                        standards;
                            ``(ii) has a satisfactory record of
                        performance and attention to duty; and
                            ``(iii) has the knowledge and skills
                        necessary to vigilantly and effectively provide
                        for the security of a sensitive nuclear
                        facility against the design basis threat.
            ``(4) Training.--
                    ``(A) In general.--The Commission shall provide for
                the training of each member of the nuclear security
                force to ensure each member has the knowledge and
                skills necessary to provide for the security of a
                sensitive nuclear facility against the design basis
                threat.
                    ``(B) Training plan.--Not later than 60 days after
                the date of enactment of this section, the Commission
                shall develop a plan for the training of members of the
                nuclear security force.
                    ``(C) Use of other agencies.--The Commission may
                enter into a memorandum of understanding or other
                arrangement with any other Federal agency with
                appropriate law enforcement responsibilities, to
                provide personnel, resources, or other forms of
                assistance in the training of members of the nuclear
                security force.
    ``(e) Nuclear Security Fund.--
            ``(1) Establishment.--There is established in the Treasury
        of the United States a fund to be known as the `Nuclear
        Security Fund', which shall be used by the Commission to
        administer programs under this section to provide for the
        security of sensitive nuclear facilities.
            ``(2) Deposits in the fund.--The Commission shall deposit
        in the Fund--
                    ``(A) the amount of fees collected under paragraph
                (5); and
                    ``(B) amounts appropriated under subsection (f).
            ``(3) Investment of amounts.--
                    ``(A) In general.--The Secretary of the Treasury
                shall invest such portion of the Fund as is not, in the
                judgment of the Secretary of the Treasury, required to
                meet current withdrawals. Investments may be made only
                in interest-bearing obligations of the United States.
                    ``(B) Acquisition of obligations.--For the purpose
                of investments under subparagraph (A), obligations may
                be acquired--
                            ``(i) on original issue at the issue price;
                        or
                            ``(ii) by purchase of outstanding
                        obligations at the market price.
                    ``(C) Sale of obligations.--Any obligation acquired
                by the Fund may be sold by the Secretary of the
                Treasury at the market price.
                    ``(D) Credits to fund.--The interest on, and the
                proceeds from the sale or redemption of, any
                obligations held in the Fund shall be credited to and
                form a part of the Fund.
            ``(4) Use of amounts in the fund.--The Commission shall use
        amounts in the Fund to pay the costs of--
                    ``(A) salaries, training, and other expenses of the
                nuclear security force; and
                    ``(B) developing and implementing security plans.
            ``(5) Fee.--To ensure that adequate amounts are available
        to provide assistance under paragraph (4), the Commission shall
        assess licensees a fee in an amount determined by the
        Commission.
    ``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
    (b) Implementation.--The Commission shall complete the full
implementation of the amendment made by subsection (a) as soon as
practicable after the date of enactment of this Act, but in no event
later than 270 days after the date of enactment of this Act.
    (c) Technical and Conforming Amendment.--The table of contents for
chapter 14 of the Atomic Energy Act of 1954 (42 U.S.C. prec. 2011) is
amended by adding at the end the following:

``170B. Uranium supply.
``170C. Protection of sensitive nuclear facilities against the design
                            basis threat.''.

Summary: Nuclear Security Act of 2003 - Amends the Atomic Energy Act of 1954 to instruct the Nuclear Regulatory Commission (NRC) to: (1) establish a nuclear security force composed of NRC employees to provide for the security of all sensitive nuclear facilities against design basis threat. And (2) develop and implement a security plan containing specified elements for each sensitive nuclear facility to ensure the security of all sensitive nuclear facilities against such threat. Authorizes a holder of a license for a sensitive nuclear facility to petition the Commission for additional requirements in the security plan for such facility. Requires the NRC to establish a hiring and training program for the nuclear security force. Establishes the Nuclear Security Fund for use by the Commission to administer the security programs for sensitive nuclear facilities.

To amend the Atomic Energy Act of 1954 and the Energy Reorganization Act of 1974 to strengthen security at sensitive nuclear facilities.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Confederate Commemorative Works
Inventory and Joint Resource Study Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The American Civil War was fought between 1861 and
        1865.
            (2) As early as 1864, efforts were underway to preserve
        places that had been the location of pivotal battles during the
        Civil War, even before surrender occurred.
            (3) The National Park Service preserves unimpaired the
        natural and cultural resources and values of the National Park
        System for the enjoyment, education, and inspiration of this
        and future generations, including sites dedicated to the
        interpretation of the American Civil War.
            (4) The National Park Service, the Department of Veterans
        Affairs, and the Department of Defense administer public lands
        that are responsible for Confederate commemorative works.
            (5) There are 147 national cemeteries in the United States.
        Fourteen are maintained by the Department of the Interior,
        through the National Park Service. The Department of Veterans
        Affairs, through the National Cemetery Administration,
        administers 131 cemeteries. The Department of Defense, through
        the Army, administers 2 cemeteries.
            (6) The Department of Defense has jurisdiction over--
                    (A) 10 major United States military installations
                named in honor of Confederate military leaders; and
                    (B) Navy ships named after Confederate victories.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) Confederate commemorative work.--The term ``Confederate
        commemorative work''--
                    (A) means any work that mentions individuals or
                units who participated or served in the advancement of
                Confederate efforts; and
                    (B) includes the Confederate flag and any other
                symbols or signage that honors the Confederacy,
                including any monument, statue, or plaque that honors a
                Confederate leader, soldier, or supporter of the
                Confederate States of America.
            (2) Confederate flag.--The term ``Confederate flag''--
                    (A) means the national flag of the Confederacy from
                1861 through 1865; and
                    (B) includes the Stars and Bars, the Stainless
                Banner, the Blood-Stained Banner, the Confederate
                States Navy flag, the battle flag of the Army of
                Northern Virginia, any State or regimental flag as such
                flag was depicted during 1861-1865, and modern
                representations of the Confederate battle flag.
            (3) Director.--The term ``Director'' means the Director of
        the National Park Service.
            (4) Secretary concerned.--The term ``Secretary concerned''
        means the Secretary of the Interior, the Secretary of Defense,
        and the Secretary of Veterans Affairs, each in reference to
        Federal land under the jurisdiction of that Secretary.

SEC. 4. INVENTORY AND RESOURCE STUDY.

    (a) In General.--Each Secretary concerned shall--
            (1) conduct a full inventory of Confederate commemorative
        works under the administrative jurisdiction of that Secretary;
        and
            (2) submit a copy of that inventory to the Director.
    (b) Contents of Study.--Using the inventories received pursuant to
subsection (a), the Director shall conduct a special resource study
that--
            (1) examines works, commemorating and interpreting the
        Civil War, the commemoration thereof, the soldiers, people on
        the home front and battle lines, and the related locations in
        the United States from 1861 through 1865; and
            (2) identifies--
                    (A) a historical assessment, based on extensive
                research, of each inventoried Confederate commemorative
                work;
                    (B) an evaluation of the suitability and
                feasibility of retaining the Confederate commemorative
                work;
                    (C) the identification of properties that could
                meet criteria for listing in the National Register of
                Historic Places or criteria for designation as National
                Historic Landmarks or if the Confederate commemorative
                work is already on the or part of, another designation
                or district;
                    (D) an evaluation of relevant historical research
                on, education about, interpretation of, and public
                awareness of the Confederate commemorative work; and
                    (E) any other matters that the Director determines
                to be appropriate for this study.
    (c) Report.--Not later than 2 years after funds are made available
for the study, the Secretary of the Interior shall submit to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report
containing the findings of the study required under subsection (b) and
any related recommendations.

Summary: Confederate Commemorative Works Inventory and Joint Resource Study Act This bill directs the Departments of the Interior, Defense, and Veterans Affairs to each conduct a full inventory of specified Confederate commemorative works, including flags and other symbols or signage, on the public lands under their jurisdiction. Using such inventories, the National Park Service shall conduct a special resource study to examine the works commemorating and interpreting the Civil War and commemorating, with respect to such war, the soldiers, people on the home front and battle lines, and related locations in the United States from 1861-1865. Among contents required to be identified by the study are historical assessments of each work, the suitability and feasibility of retaining works, identification of properties that could meet the criteria for designation as national historic sites, and an evaluation of historical research.