In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Input: Consider Input: SECTION 1. JUDICIAL STRUCTURE OF GUAM.

    (a) Judicial Authority; Courts.--Section 22(a) of the Organic Act 
of Guam (48 U.S.C. 1424(a)) is amended to read as follows:
    ``(a)(1) The judicial authority of Guam shall be vested in a court 
established by Congress designated as the `District Court of Guam', and 
a judicial branch of Guam which branch shall constitute a unified 
judicial system and include an appellate court designated as the 
`Supreme Court of Guam', a trial court designated as the `Superior 
Court of Guam', and such other lower local courts as may have been or 
shall hereafter be established by the laws of Guam.
    ``(2) The Supreme Court of Guam may, by rules of such court, create 
divisions of the Superior Court of Guam and other local courts of Guam.
    ``(3) The courts of record for Guam shall be the District Court of 
Guam, the Supreme Court of Guam, the Superior Court of Guam (except the 
Traffic and Small Claims divisions of the Superior Court of Guam) and 
any other local courts or divisions of local courts that the Supreme 
Court of Guam shall designate.''.
    (b) Jurisdiction and Powers of Local Courts.--Section 22A of the 
Organic Act of Guam (48 U.S.C. 1424-1) is amended to read as follows:
    ``Sec. 22A. (a) The Supreme Court of Guam shall be the highest 
court of the judicial branch of Guam (excluding the District Court of 
Guam) and shall--
            ``(1) have original jurisdiction over proceedings necessary 
        to protect its appellate jurisdiction and supervisory authority 
        and such other original jurisdiction as the laws of Guam may 
        provide;
            ``(2) have jurisdiction to hear appeals over any cause in 
        Guam decided by the Superior Court of Guam or other courts 
        established under the laws of Guam;
            ``(3) have jurisdiction to issue all orders and writs in 
        aid of its appellate, supervisory, and original jurisdiction, 
        including those orders necessary for the supervision of the 
        judicial branch of Guam;
            ``(4) have supervisory jurisdiction over the Superior Court 
        of Guam and all other courts of the judicial branch of Guam;
            ``(5) hear and determine appeals by a panel of three of the 
        justices of the Supreme Court of Guam and a concurrence of two 
        such justices shall be necessary to a decision of the Supreme 
        Court of Guam on the merits of an appeal;
            ``(6) make and promulgate rules governing the 
        administration of the judiciary and the practice and procedure 
        in the courts of the judicial branch of Guam, including 
        procedures for the determination of an appeal en banc; and
            ``(7) govern attorney and judicial ethics and the practice 
        of law in Guam, including admission to practice law and the 
        conduct and discipline of persons admitted to practice law.
    ``(b) The Chief Justice of the Supreme Court of Guam--
            ``(1) shall preside over the Supreme Court unless 
        disqualified or unable to act;
            ``(2) shall be the administrative head of, and have general 
        supervisory power over, all departments, divisions, and other 
        instrumentalities of the judicial branch of Guam; and
            ``(3) may issue such administrative orders on behalf of the 
        Supreme Court of Guam as necessary for the efficient 
        administration of the judicial branch of Guam.
    ``(c) The Chief Justice of the Supreme Court of Guam, or a justice 
sitting in place of such Chief Justice, may make any appropriate order 
with respect to--
            ``(1) an appeal prior to the hearing and determination of 
        that appeal on the merits; or
            ``(2) dismissal of an appeal for lack of jurisdiction or 
        failure to take or prosecute the appeal in accordance with 
        applicable laws or rules of procedure.
    ``(d) Except as granted to the Supreme Court of Guam or otherwise 
provided by this Act or any other Act of Congress, the Superior Court 
of Guam and all other local courts established by the laws of Guam 
shall have such original and appellate jurisdiction over all causes in 
Guam as the laws of Guam provide, except that such jurisdiction shall 
be subject to the exclusive or concurrent jurisdiction conferred on the 
District Court of Guam under section 22 of this Act.
    ``(e) The qualifications and duties of the justices and judges of 
the Supreme Court of Guam, the Superior Court of Guam, and all other 
local courts established by the laws of Guam shall be governed by the 
laws of Guam and the rules of such courts.''.
    (c) Technical Amendments.--(1) Section 22C(a) of the Organic Act of 
Guam (48 U.S.C. 1424-3(a)) is amended by inserting ``which is known as 
the Supreme Court of Guam,'' after ``appellate court authorized by 
section 22A(a) of this Act,''.
    (2) Section 22C(d) of the Organic Act of Guam (48 U.S.C. 1424-3(d)) 
is amended--
            (A) by inserting ``, which is known as the Supreme Court of 
        Guam,'' after ``appellate court provided for in section 22A(a) 
        of this Act''; and
            (B) by striking ``taken to the appellate court'' and 
        inserting ``taken to such appellate court''.

SEC. 2. APPEALS TO UNITED STATES SUPREME COURT.

    Section 22B of the Organic Act of Guam (48 U.S.C. 1424-2) is 
amended by striking ``: Provided, That'' and all that follows through 
the end and inserting a period.

Output: Amends the Organic Act of Guam to revise the local judicial structure of Guam to vest judicial authority, not only in the District Court of Guam (as currently), but also in a unified judicial system composed of: (1) an appellate court designated as the "Supreme Court of Guam"; (2) a trial court designated as the "Superior Court of Guam"; and (3) such other lower local courts as may have been or may hereafter be established by the laws of Guam.

Authorizes the Supreme Court of Guam to create divisions of the Superior Court and other local courts of Guam.Lists the courts of record for Guam.Outlines the jurisdiction and powers of the local courts.Provides that the qualifications and duties of the justices and judges of the courts shall be governed by the laws of Guam and the rules of such courts.Repeals provisions granting the United States Court of Appeals for the Ninth Circuit jurisdiction to review all final decisions of the Supreme Court of Guam (effectively allowing direct review of such decisions to the Supreme Court of the United States).


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting American Jobs Act''.

SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.

    (a) Duties of the General Counsel and Administrative Law Judges.--
The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended--
            (1) in section 3(d) (29 U.S.C. 153(d)), by striking 
        ``investigation of charges and issuance of complaints under 
        section 10, and in respect of the prosecution of such 
        complaints before the Board'' and inserting ``investigation of 
        allegations under section 10''; and
            (2) in section 4(a) (29 U.S.C. 154(a)), by striking the 
        fourth sentence.
    (b) Clarification of the Board's Rulemaking Authority.--Section 6 
of such Act (29 U.S.C. 156) is amended by adding at the end the 
following: ``Such rulemaking authority shall be limited to rules 
concerning the internal functions of the Board. The Board shall not 
promulgate rules or regulations that affect the substantive or 
procedural rights of any person, employer, employee, or labor 
organization, including rules and regulations concerning unfair labor 
practices and representation elections.''.
    (c) Investigatory Power and Adjudicatory Authority Over Unfair 
Labor Practice Allegations.--Section 10 of such Act (29 U.S.C. 160) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``prevent any person from engaging 
                in'' and inserting ``investigate''; and
                    (B) by striking ``This power shall'' and all that 
                follows through the end of the subsection;
            (2) in subsection (b)--
                    (A) by striking ``Whenever it is charged'' and 
                inserting ``Whenever it is alleged'';
                    (B) by striking ``or is engaging in'' and inserting 
                ``, is engaging in, or is about to engage in'';
                    (C) by striking ``the Board, or any agent'' and all 
                that follows through ``Provided, That no complaint 
                shall issue'' and inserting ``the aggrieved person may 
                bring a civil action for such relief (including an 
                injunction) as may be appropriate. Any such civil 
                action may be brought in the district court of the 
                United States where the violation occurred, or, at the 
                option of the parties, in the United States District 
                Court for the District of Columbia. No civil action may 
                be brought'';
                    (D) by striking ``charge with the Board'' and all 
                that follows through ``prevented from filing such 
                charge'' and inserting ``civil action, unless the 
                person aggrieved thereby was prevented from filing such 
                civil action''; and
                    (E) by striking ``Any such complaint may be 
                amended'' and all that follows through ``Any such 
                proceeding shall, so far as practicable,'' and 
                inserting ``Any proceeding under this subsection 
                shall'';
            (3) by striking subsections (c) through (k);
            (4) by redesignating subsections (l) and (m) as subsections 
        (c) and (d), respectively;
            (5) in subsection (c) (as so redesignated)--
                    (A) by striking ``Whenever it is charged'' and 
                inserting ``Whenever it is alleged'';
                    (B) in the first sentence, by striking ``charge'' 
                and inserting ``allegation''; and
                    (C) by striking ``such charge is true and that a 
                complaint should issue, he shall'' and all that follows 
                through the end of the subsection and inserting ``such 
                allegation is true, the officer or regional attorney 
                shall, on behalf of the Board, submit a written summary 
                of the findings to all parties involved in the alleged 
                unfair labor practice.''; and
            (6) in subsection (d) (as so redesignated)--
                    (A) by striking ``Whenever it is charged'' and 
                inserting ``Whenever it is alleged'';
                    (B) by striking ``such charge'' and inserting 
                ``such allegation''; and
                    (C) by striking ``and cases given priority under 
                subsection (i)''.
    (d) Conforming Amendments.--The National Labor Relations Act (29 
U.S.C. 151 et seq.) is amended--
            (1) in section 9 (29 U.S.C. 159)--
                    (A) in subsection (c)(2), by striking ``and in no 
                case shall the Board'' and all that follows through the 
                end of such subsection and inserting a period;
                    (B) by striking subsection (d); and
                    (C) by redesignating subsection (e) as subsection 
                (d);
            (2) in section 3(b) (29 U.S.C. 153(b)), by striking ``or 
        (e) of section 9'' and inserting ``or (d) of section 9'';
            (3) in section 8 (29 U.S.C. 158), by striking ``9(e)'' each 
        place it appears and inserting ``9(d)''; and
            (4) in section 18 (29 U.S.C. 168), by striking ``section 10 
        (e) or (f)'' and inserting ``subsection (e) or (f) of section 
        10, as such subsections were in effect on the day before the 
        date of enactment of the Protecting American Jobs Act,''.

SEC. 3. REGULATIONS.

    Not later than 6 months after the date of enactment of this Act, 
the National Labor Relations Board shall review all regulations 
promulgated before such date of enactment and revise or rescind any 
such regulations as necessary to implement the amendment made by 
section 2(b).

Output: Protecting American Jobs Act       This bill amends the National Labor Relations Act, with respect to the authority of the National Labor Relations Board, to:   repeal the authority of the General Counsel ofthe board, to issue, and prosecute before the board, complaints of unfair labor practices;  limit the board's rulemaking authority to rules concerning the internal functions of the board;  prohibit the board from promulgating regulations affecting the substantive or procedural rights of any person, employer, employee, or labor organization, including rules concerning unfair labor practices and representation elections;  repeal the board's authority to prevent persons from engaging in unfair labor practices, limiting such authority to the investigation of allegations of such practices; and  repeal the board's authority to petition courts for enforcement of its orders, seek injunctions, or hold hearings on jurisdictional strikes.  


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Pharmacy Preservation Act 
of 2004''.

SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO INDEPENDENT PHARMACIES 
              NEGOTIATING WITH HEALTH PLANS.

    (a) In General.--Any independent pharmacies who are engaged in 
negotiations with a health plan regarding the terms of any contract 
under which the pharmacies provide health care items or services for 
which benefits are provided under such plan shall, in connection with 
such negotiations, be entitled to the same treatment under the 
antitrust laws as the treatment to which bargaining units which are 
recognized under the National Labor Relations Act are entitled in 
connection with such collective bargaining. Such a pharmacy shall, only 
in connection with such negotiations, be treated as an employee engaged 
in concerted activities and shall not be regarded as having the status 
of an employer, independent contractor, managerial employee, or 
supervisor.
    (b) Protection for Good Faith Actions.--Actions taken in good faith 
reliance on subsection (a) shall not be the subject under the antitrust 
laws of criminal sanctions nor of any civil damages, fees, or penalties 
beyond actual damages incurred.
    (c) Limitation.--
            (1) No new right for collective cessation of service.--The 
        exemption provided in subsection (a) shall not confer any new 
        right to participate in any collective cessation of service to 
        patients not already permitted by existing law.
            (2) No change in national labor relations act.--This 
        section applies only to independent pharmacies excluded from 
        the National Labor Relations Act. Nothing in this section shall 
        be construed as changing or amending any provision of the 
        National Labor Relations Act, or as affecting the status of any 
        group of persons under that Act.
    (d) Effective Date.--The exemption provided in subsection (a) shall 
apply to conduct occurring beginning on the date of the enactment of 
this Act.
    (e) Limitation on Exemption.--Nothing in this section shall exempt 
from the application of the antitrust laws any agreement or otherwise 
unlawful conspiracy that excludes, limits the participation or 
reimbursement of, or otherwise limits the scope of services to be 
provided by any independent pharmacy or group of independent pharmacies 
with respect to the performance of services that are within their scope 
of practice as defined or permitted by relevant law or regulation.
    (f) No Effect on Title VI of Civil Rights Act of 1964.--Nothing in 
this section shall be construed to affect the application of title VI 
of the Civil Rights Act of 1964.
    (g) No Application to Federal Programs.--Nothing in this section 
shall apply to negotiations between independent pharmacies and health 
plans pertaining to benefits provided under any of the following:
            (1) The Medicaid Program under title XIX of the Social 
        Security Act (42 U.S.C. 1396 et seq.).
            (2) The SCHIP program under title XXI of the Social 
        Security Act (42 U.S.C. 1397aa et seq.).
            (3) Chapter 55 of title 10, United States Code (relating to 
        medical and dental care for members of the uniformed services).
            (4) Chapter 17 of title 38, United States Code (relating to 
        Veterans' medical care).
            (5) Chapter 89 of title 5, United States Code (relating to 
        the Federal employees' health benefits program).
            (6) The Indian Health Care Improvement Act (25 U.S.C. 1601 
        et seq.).
    (h) Definitions.--For purposes of this section:
            (1) Antitrust laws.--The term ``antitrust laws''--
                    (A) has the meaning given it in subsection (a) of 
                the first section of the Clayton Act (15 U.S.C. 12(a)), 
                except that such term includes section 5 of the Federal 
                Trade Commission Act (15 U.S.C. 45) to the extent such 
                section 5 applies to unfair methods of competition; and
                    (B) includes any State law similar to the laws 
                referred to in subparagraph (A).
            (2) Health plan and related terms.--
                    (A) In general.--The term ``health plan'' means a 
                group health plan or a health insurance issuer that is 
                offering health insurance coverage.
                    (B) Health insurance coverage; health insurance 
                issuer.--The terms ``health insurance coverage'' and 
                ``health insurance issuer'' have the meanings given 
                such terms under paragraphs (1) and (2), respectively, 
                of section 733(b) of the Employee Retirement Income 
                Security Act of 1974 (29 U.S.C. 1191b(b)).
                    (C) Group health plan.--The term ``group health 
                plan'' has the meaning given that term in section 
                733(a)(1) of the Employee Retirement Income Security 
                Act of 1974 (29 U.S.C. 1191b(a)(1)).
            (3) Independent pharmacy.--The term ``independent 
        pharmacy'' means a pharmacy which is not owned (or operated) by 
        a publicly traded company. For purposes of the previous 
        sentence, the term ``publicly traded company'' means a company 
        that is an issuer within the meaning of section 2(a)(7) of the 
        Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a)(7)).

SEC. 3. REQUIREMENTS RELATING TO PHARMACY BENEFIT MANAGERS.

    (a) Prohibition on Cross Ownership.--
            (1) In general.--No pharmaceutical drug manufacturer may 
        have a controlling interest in an entity that is a pharmacy 
        benefit manager.
            (2) Penalty.--The Secretary of Health and Human Services 
        may issue such civil penalties for a violation of paragraph (1) 
        as the Secretary of Health and Human Services determines 
        necessary.
    (b) Drug Interchange.--
            (1) Prohibitions.--
                    (A) Cost increase.--A pharmacy benefit manager 
                shall not make any drug interchange proposal for an 
                individual who is served by such manager where the net 
                cost of the drug to which the prescription would be 
                changed exceeds that of the drug from which the 
                prescription would be changed.
                    (B) Disclosure to individual.--A pharmacy benefit 
                manager shall not make any drug interchange for an 
                individual who is served by such manager unless the 
                pharmacy benefit manager discloses to the individual, 
                in a clear and conspicuous manner, the savings to the 
                individual associated with such interchange.
                    (C) Generics.--A pharmacy benefit manager shall not 
                make any drug interchange proposal for an individual 
                who is served by such manager if the drug from which 
                the prescription would be changed has generic 
                equivalents and the drug to which the prescription 
                would be changed has no generic equivalents, unless the 
                drug to which the prescription would be changed has a 
                lower net cost to the individual than does each of the 
                generic equivalents of the drug from which the 
                prescription would be changed.
            (2) Penalty.--A pharmacy benefit manager that violates 
        subparagraph (A), (B), or (C) of paragraph (1) with respect to 
        an individual and presents a claim for payment to the United 
        States Government as reimbursement for services to such 
        individual, shall be considered in violation of section 3729 of 
        title 31, United States Code.
    (c) Disclosure of Compensation From Drug Manufacturers.--
            (1) Quarterly and annual disclosures.--At the end of each 
        fiscal year quarter, each pharmacy benefit manager shall 
        disclose--
                    (A) to the client plans of such manager and to the 
                Antitrust Division of the Department of Justice, all 
                compensation and remuneration that the pharmacy benefit 
                manager received during such fiscal year quarter from a 
                pharmaceutical drug manufacturer, including, regardless 
                of how categorized, market share incentives, 
                commissions, mail service purchase discounts, and 
                administrative or management fees; and
                    (B) to the client plans of such manager, any fees 
                received for sales of utilization data to a 
                pharmaceutical drug manufacturer.
            (2) Disclosure at contracting stage.--Each pharmacy benefit 
        manager shall disclose to each client plan and prospective 
        client plan of such manager, in advance of executing an 
        agreement with such plan, information relating to the pharmacy 
        benefit manager's methodology of soliciting and receiving 
        payments from pharmaceutical drug manufacturers.
    (d) Definitions.--For purposes of this section:
            (1) Client plan.--The term ``client plan'' means a 
        pharmaceutical plan in which the entity that offers such plan 
        to its beneficiaries contracts directly with a pharmacy benefit 
        manager to provide or administer such plan.
            (2) Drug interchange.--The term ``drug interchange'' means 
        any change from one prescription drug to another prescription 
        drug that is intended to address or treat the same illness or 
        condition.

SEC. 4. COMMUNITY PHARMACY ACCESS STANDARDS UNDER THE MEDICARE 
              OUTPATIENT PRESCRIPTION DRUG PROGRAM.

    In establishing rules under subparagraph (C) of section 1860D-
4(b)(1) of the Social Security Act, as added by the Medicare 
Prescription Drug, Improvement, and Modernization Act of 2003 (Public 
Law 108-173), for convenient access to non-mail-order pharmacies 
consistent with the application of standards under clause (ii) of such 
subparagraph, the Secretary of Health and Human Services shall provide 
for application of the following standards:
            (1)(A) In each urban area, at least 90 percent of Medicare 
        beneficiaries in a plan's service area, on average, live within 
        2 miles of a retail pharmacy participation in the prescription 
        drug plan's or MA-PD plan's network.
            (B) In each suburban area, at least 90 percent of Medicare 
        beneficiaries in a plan's service area, on average, live within 
        5 miles of a retail pharmacy participation in the prescription 
        drug plan's or MA-PD plan's network.
            (C) In each rural area, at least 70 percent of Medicare 
        beneficiaries in a plan's service area, on average, live within 
        15 miles of a retail pharmacy participation in the prescription 
        drug plan's or MA-PD plan's network.
            (D) There shall be no averaging of such distances across or 
        among urban, suburban, and rural areas.
            (2) The rules shall require plans to measure traveling 
        distances from beneficiaries' homes to community pharmacies 
        based on commonly traveled routes.


Output: Community Pharmacy Preservation Act of 2004 - Provides that antitrust laws shall apply to negotiations between groups of independent pharmacies and health plans and health insurance issuers in the same manner as such laws apply to collective bargaining by labor organizations under the National Labor Relations Act.

 Prohibits any pharmaceutical drug manufacturer from having a controlling interest in an entity that is a pharmacy benefit manager. Requires pharmacy benefit managers to disclose all compensation from drug manufacturers. Prohibits pharmacy benefit managers from making certain drug interchanges: (1) to a drug with a greater cost; (2) without disclosure to the individual; or (3) from a drug with generic equivalents to a drug without generic equivalents, unless the latter is lower in cost than each of the generic equivalents of the drug from which the prescription would be changed.

Directs the Secretary of Health and Human Services to apply specified standards for community pharmacy access under the Medicare outpatient prescription drug program.