TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prescription Drug Fairness for 
Seniors Act of 2001''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Manufacturers of prescription drugs engage in price 
        discrimination practices that compel many older Americans to 
        pay substantially more for prescription drugs than consumers in 
        foreign nations and the drug manufacturers' most favored U.S. 
        customers, such as health insurers, health maintenance 
        organizations, and the Federal Government.
            (2) Older Americans who buy their own prescription drugs 
        often pay twice as much for prescription drugs as consumers in 
        foreign nations and the drug manufacturers' most favored U.S. 
        customers. In some cases, older Americans pay 10 times more for 
        prescription drugs than such customers.
            (3) The discriminatory pricing by major drug manufacturers 
        sustains their high profits (for example, $27,300,000,000 in 
        1999), but causes financial hardship and impairs the health and 
        well-being of millions of older Americans. Many older Americans 
        are forced to choose between buying their food and buying their 
        medicines.
            (4) Foreign nations and U.S. federally funded health care 
        programs use purchasing power to obtain prescription drugs at 
        low prices. Medicare beneficiaries are denied this benefit and 
        cannot obtain their prescription drugs at the lower prices 
        available to such nations and programs.
            (5) Implementation of the policy set forth in this Act will 
        reduce prices for brand name prescription drugs for many 
        Medicare beneficiaries by an average of 40 percent.
            (6) In addition to substantially lowering the costs of 
        prescription drugs for older Americans, implementation of the 
        policy set forth in this Act will significantly improve the 
        health and well-being of older Americans and lower the costs to 
        the Federal taxpayer of the Medicare program.
            (7) Older Americans who are terminally ill and receiving 
        hospice care services represent some of the most vulnerable 
        individuals in our nation. Making prescription drugs available 
        to Medicare beneficiaries under the care of Medicare-certified 
        hospices will assist in extending the benefits of lower 
        prescription drug prices to those most vulnerable and in need.
    (b) Purpose.--The purpose of this Act is to protect Medicare 
beneficiaries from discriminatory pricing by drug manufacturers and to 
make prescription drugs available to Medicare beneficiaries at 
substantially reduced prices.

SEC. 3. PARTICIPATING MANUFACTURERS.

    (a) In General.--Each participating manufacturer of a covered 
outpatient drug shall make available for purchase by each pharmacy such 
covered outpatient drug in the amount described in subsection (b) at 
the price described in subsection (c).
    (b) Description of Amount of Drugs.--The amount of a covered 
outpatient drug that a participating manufacturer shall make available 
for purchase by a pharmacy is an amount equal to the aggregate amount 
of the covered outpatient drug sold or distributed by the pharmacy to 
Medicare beneficiaries.
    (c) Description of Price.--The price at which a participating 
manufacturer shall make a covered outpatient drug available for 
purchase by a pharmacy is a price no greater than the manufacturer's 
average foreign price.
    (d) Enforcement.--The United States shall debar a manufacturer of 
drugs or biologicals that does not comply with the provisions of this 
Act.

SEC. 4. SPECIAL PROVISION WITH RESPECT TO HOSPICE PROGRAMS.

    For purposes of determining the amount of a covered outpatient drug 
that a participating manufacturer shall make available for purchase by 
a pharmacy under section 3, there shall be included in the calculation 
of such amount the amount of the covered outpatient drug sold or 
distributed by a pharmacy to a hospice program. In calculating such 
amount, only amounts of the covered outpatient drug furnished to a 
Medicare beneficiary enrolled in the hospice program shall be included.

SEC. 5. ADMINISTRATION.

    The Secretary shall issue such regulations as may be necessary to 
implement this Act.

SEC. 6. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, and annually thereafter, the Secretary shall 
report to the Congress regarding the effectiveness of this Act in--
            (1) protecting Medicare beneficiaries from discriminatory 
        pricing by drug manufacturers, and
            (2) making prescription drugs available to Medicare 
        beneficiaries at substantially reduced prices.
    (b) Consultation.--In preparing such reports, the Secretary shall 
consult with public health experts, affected industries, organizations 
representing consumers and older Americans, and other interested 
persons.
    (c) Recommendations.--The Secretary shall include in such reports 
any recommendations the Secretary considers appropriate for changes in 
this Act to further reduce the cost of covered outpatient drugs to 
Medicare beneficiaries.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Average foreign price.--
                    (A) In general.--The term ``average foreign price'' 
                means, with respect to a covered outpatient drug, the 
                average price that the manufacturer of the drug 
                realizes on the sale of drugs with the same active 
                ingredient or ingredients that are consumed in covered 
                foreign nations, taking into account--
                            (i) any rebate, contract term or condition, 
                        or other arrangement (whether with the 
                        purchaser or other persons) that has the effect 
                        of reducing the amount realized by the 
                        manufacturer on the sale of the drugs; and
                            (ii) adjustments for any differences in 
                        dosage, formulation, or other relevant 
                        characteristics of the drugs.
                    (B) Exempt transactions.--The Secretary may, by 
                regulation, exempt from the calculation of the average 
                foreign price of a drug those prices realized by a 
                manufacturer in transactions that are entered into for 
                charitable purposes, for research purposes, or under 
                other unusual circumstances, if the Secretary 
                determines that the exemption is in the public interest 
                and is consistent with the purposes of this Act.
            (2) Covered foreign nation.--The term ``covered foreign 
        nation' means Canada, France, Germany, Italy, Japan, and the 
        United Kingdom.
            (3) Covered outpatient drug.--The term ``covered outpatient 
        drug'' has the meaning given that term in section 1927(k)(2) of 
        the Social Security Act (42 U.S.C. 1396r-8(k)(2)).
            (4) Debar.--The term ``debar'' means to exclude, pursuant 
        to established administrative procedures, from Government 
        contracting and subcontracting for a specified period of time 
        commensurate with the seriousness of the failure or offense or 
        the inadequacy of performance.
            (5) Hospice program.--The term ``hospice program'' has the 
        meaning given that term under section 1861(dd)(2) of the Social 
        Security Act (42 U.S.C. 1395x(dd)(2)).
            (6) Medicare beneficiary.--The term ``Medicare 
        beneficiary'' means an individual entitled to benefits under 
        part A of title XVIII of the Social Security Act or enrolled 
        under part B of such title, or both.
            (7) Participating manufacturer.--The term ``participating 
        manufacturer'' means any manufacturer of drugs or biologicals 
        that, on or after the date of the enactment of this Act, enters 
        into a contract or agreement with the United States for the 
        sale or distribution of covered outpatient drugs to the United 
        States.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 8. EFFECTIVE DATE.

    The Secretary shall implement this Act as expeditiously as 
practicable and in a manner consistent with the obligations of the 
United States.

SOLUTION: Prescription Drug Fairness for Seniors Act of 2001 - Requires each participating manufacturer of a covered outpatient drug to make it available for purchase by each pharmacy: (1) in an amount equal to the aggregate amount sold or distributed by the pharmacy to Medicare beneficiaries; and (2) at a price no greater than the manufacturer's average foreign price. Sets forth special provisions with respect to hospice programs.

PROBLEM: SECTION 1. PUBLIC HEALTH SERVICE ACT; LIABILITY PROTECTIONS FOR HEALTH-
              CENTER PRACTITIONERS PROVIDING SERVICES IN EMERGENCY 
              AREAS.

    (a) In General.--Section 224(g) of the Public Health Service Act 
(42 U.S.C. 233(g)) is amended--
            (1) in paragraph (1)(B)(ii), by striking ``subparagraph 
        (C)'' and inserting ``subparagraph (C) and paragraph (6)''; and
            (2) by adding at the end the following paragraph:
    ``(6)(A) Subject to subparagraph (C), paragraph (1)(B)(ii) applies 
to health services provided to individuals who are not patients of the 
entity involved if, as determined under criteria issued by the 
Secretary, the following conditions are met:
            ``(i) The services are provided by a contractor or employee 
        of the entity who is a physician or other licensed or certified 
        health care practitioner and who is otherwise deemed to be an 
        employee for purposes of paragraph (1)(A) when providing 
        services with respect to the entity.
            ``(ii) The services are provided in an emergency area (as 
        defined in subparagraph (D)).
            ``(iii) The services of the contractor or employee 
        (referred to in this paragraph as the `out-of-area 
        practitioner') are provided under an arrangement with--
                    ``(I) an entity that is deemed to be an employee 
                for purposes of paragraph (1)(A) and that serves the 
                emergency area involved (referred to in this paragraph 
                as an `emergency-area entity)'; or
                    ``(II) a Federal agency that has responsibilities 
                regarding the provision of health services in such area 
                during the emergency.
            ``(iv) The purposes of the arrangement are--
                    ``(I) to coordinate, to the extent practicable, the 
                provision of health services in the emergency area by 
                the out-of-area practitioner with the provision of 
                services by the emergency-area entity, or by the 
                Federal agency, as the case may be;
                    ``(II) to identify a location in the emergency area 
                to which such practitioner should report for purposes 
                of providing health services, and to identify an 
                individual or individuals in the area to whom the 
                practitioner should report for such purposes; and
                    ``(III) to verify the identity of the practitioner 
                and that the practitioner is licensed or certified by 
                one or more of the States.
            ``(v) With respect to the licensure or certification of 
        health care practitioners, the provision of services by the 
        out-of-area practitioner in the emergency area is not a 
        violation of the law of the State in which the area is located.
    ``(B) In issuing criteria under subparagraph (A), the Secretary 
shall take into account the need to rapidly enter into arrangements 
under such subparagraph in order to provide health services in 
emergency areas promptly after the emergency begins.
    ``(C) Subparagraph (A) applies with respect to an act or omission 
of an out-of-area practitioner only to the extent that the practitioner 
is not immune from liability for such act or omission under the 
Volunteer Protection Act of 1997.
    ``(D) For purposes of this paragraph, the term `emergency area' 
means a geographic area for which--
            ``(i) the Secretary has made a determination under section 
        319 that a public health emergency exists; or
            ``(ii) a presidential declaration of major disaster has 
        been issued under section 401 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act.''.
    (b) Effective Date.--With respect to paragraph (6) of section 
224(g) of the Public Health Service Act, as added by subsection (a) of 
this section:
            (1) Except as provided in this subsection, an arrangement 
        under subparagraph (A)(iii) of such paragraph (6) is deemed to 
        be in effect for any health professional who, within the 
        meaning of such paragraph--
                    (A) is an employee or contractor of a health center 
                under section 330 of such Act; and
                    (B) served or is serving as an out-of-area 
                practitioner in any emergency area declared as a result 
                of Hurricane Katrina or Hurricane Rita.
            (2) Such paragraph (6) is deemed to have taken effect on 
        August 27, 2005, for purposes of paragraph (1) of this 
        subsection. Such paragraph (6) otherwise takes effect on the 
        date of the enactment of this Act.
            (3) Paragraph (1) of this subsection applies until the 
        expiration of the 48-hour period beginning on the date on which 
        the Secretary of Health and Human Services publishes in the 
        Federal Register a notice that the applicability of such 
        paragraph is being terminated.

SOLUTION: Amends the Public Health Service Act to deem certain physicians or other licensed or certified health care practitioners to be employees of the Public Health Service for purposes of any civil action that may arise due to services provided in an emergency area by a contractor or an employee of a qualified health center. Provides that such services must be provided under an arrangement with a qualified health center or with a federal agency with responsibility for providing health services in the emergency area.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wireless 411 Privacy Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) there are roughly 150 million wireless subscribers in 
        the United States, up from approximately 15 million subscribers 
        just a decade ago;
            (2) wireless phone service has proven valuable to millions 
        of Americans because of its mobility, and the fact that 
        government policies have expanded opportunities for new 
        carriers to enter the market, offering more choices and ever 
        lower prices for consumers;
            (3) in addition to the benefits of competition and 
        mobility, subscribers also benefit from the fact that wireless 
        phone numbers have not been publicly available;
            (4) up until now, the privacy of wireless subscribers has 
        been safeguarded and thus vastly diminished the likelihood of 
        subscribers receiving unwanted or annoying phone call 
        interruptions on their wireless phones;
            (5) moreover, because their wireless contact information, 
        such as their phone number, have never been publicly available 
        in any published directory or from any directory assistance 
        service, subscribers have come to expect that if their phone 
        rings it's likely to be a call from someone to whom they have 
        personally given their number;
            (6) the wireless industry is poised to begin implementing a 
        directory assistance service so that callers can reach wireless 
        subscribers, including subscribers who have not given such 
        callers their wireless phone number;
            (7) while some wireless subscribers may find such directory 
        assistance service useful, current subscribers deserve the 
        right to choose whether they want to participate in such a 
        directory;
            (8) because wireless users are typically charged for 
        incoming calls, consumers must be afforded the ability to 
        maintain the maximum amount of control over how many calls they 
        may expect to receive and, in particular, control over the 
        disclosure of their wireless phone number;
            (9) current wireless subscribers who elect to participate, 
        or new wireless subscribers who decline to be listed, in any 
        new wireless directory assistance service directory, including 
        those subscribers who also elect not to receive forwarded calls 
        from any wireless directory assistance service, should not be 
        charged for exercising such rights;
            (10) the marketplace has not yet adequately explained an 
        effective plan to protect consumer privacy rights;
            (11) Congress previously acted to protect the wireless 
        location information of subscribers by enacting prohibitions on 
        the disclosure of such sensitive information without the 
        express prior authorization of the subscriber; and
            (12) the public interest would be served by similarly 
        enacting effective and industry-wide privacy protections for 
        consumers with respect to wireless directory assistance 
        service.

SEC. 3. CONSUMER CONTROL OF WIRELESS PHONE NUMBERS.

    Section 332(c) of the Communications Act of 1934 (47 U.S.C. 332(c)) 
is amended by adding at the end the following:
            ``(9) Wireless consumer privacy protection.--
                    ``(A) In general.--A provider of commercial mobile 
                services, or any direct or indirect affiliate or agent 
                of such a provider, may not include the wireless 
                telephone number information of any subscriber in any 
                wireless directory assistance service database unless--
                            ``(i) the mobile service provider provides 
                        a conspicuous, separate notice to the 
                        subscriber informing the subscriber of the 
                        right not to be listed in any wireless 
                        directory assistance service; and
                            ``(ii) the mobile service provider obtains 
                        express prior authorization for listing from 
                        such subscriber, separate from any 
                        authorization obtained to provide such 
                        subscriber with commercial mobile service, or 
                        any calling plan or service associated with 
                        such commercial mobile service, and such 
                        authorization has not been subsequently 
                        withdrawn.
                    ``(B) Cost-free de-listing.--A provider of 
                commercial mobile services, or any direct or indirect 
                affiliate or agent of such a provider, shall remove the 
                wireless telephone number information of any subscriber 
                from any wireless directory assistance service database 
                upon request by that subscriber and without any cost to 
                the subscriber.
                    ``(C) Wireless accessibility.--A provider of 
                commercial mobile services, or any direct or indirect 
                affiliate or agent of such provider, may connect a 
                calling party from a wireless directory assistance 
                service to a commercial mobile service subscriber only 
                if--
                            ``(i) such subscriber is provided prior 
                        notice of the calling party's identity and is 
                        permitted to accept or reject the incoming call 
                        on a per-call basis;
                            ``(ii) such subscriber's wireless telephone 
                        number information is not disclosed to the 
                        calling party; and
                            ``(iii) such subscriber has not declined or 
                        refused to participate in such database.
                    ``(D) Protection of wireless phone numbers.--A 
                telecommunications carrier shall not disclose in its 
                billing information provided to customers wireless 
                telephone number information of subscribers who have 
                indicated a preference to their commercial mobile 
                services provider for not having their wireless 
                telephone number information disclosed. Notwithstanding 
                the preceding sentence, a telecommunications carrier 
                may disclose a portion of the wireless telephone number 
                in its billing information if the actual number cannot 
                be readily ascertained.
                    ``(E) Publication of directories prohibited.--A 
                provider of commercial mobile services, or any direct 
                or indirect affiliate or agent of such a provider, may 
                not publish, in printed, electronic, or other form, or 
                sell or otherwise disseminate, the contents of any 
                wireless directory assistance service database, or any 
                portion or segment thereof unless--
                            ``(i) the mobile service provider provides 
                        a conspicuous, separate notice to the 
                        subscriber informing the subscriber of the 
                        right not to be listed; and
                            ``(ii) the mobile service provider obtains 
                        express prior authorization for listing from 
                        such subscriber, separate from any 
                        authorization obtained to provide such 
                        subscriber with commercial mobile service, or 
                        any calling plan or service associated with 
                        such commercial mobile service, and such 
                        authorization has not been subsequently 
                        withdrawn.
                    ``(F) No consumer fee for retaining privacy.--A 
                provider of commercial mobile services may not charge 
                any subscriber for exercising any of the rights under 
                this paragraph.
                    ``(G) State and local laws pre-empted.--To the 
                extent that any State or local government imposes 
                requirements on providers of commercial mobile 
                services, or any direct or indirect affiliate or agent 
                of such providers, that are inconsistent with the 
                requirements of this paragraph, this paragraph preempts 
                such State or local requirements.
                    ``(H) Definitions.--In this paragraph:
                            ``(i) Calling party's identity.--The term 
                        `calling party's identity' means the telephone 
                        number of the calling party or the name of 
                        subscriber to such telephone, or an oral or 
                        text message which provides sufficient 
                        information to enable a commercial mobile 
                        services subscriber to determine who is 
                        calling.
                            ``(ii) Unlisted commercial mobile services 
                        subscriber.--The term `unlisted commercial 
                        mobile services subscriber' means a subscriber 
                        to commercial mobile services who has not 
                        provided express prior consent to a commercial 
                        mobile service provider to be included in a 
                        wireless directory assistance service database.
                            ``(iii) Wireless telephone number 
                        information.--The term `wireless telephone 
                        number information' means the telephone number, 
                        electronic address, and any other identifying 
                        information by which a calling party may reach 
                        a subscriber to commercial mobile services, and 
                        which is assigned by a commercial mobile 
                        service provider to such subscriber, and 
                        includes such subscriber's name and address.
                            ``(iv) Wireless directory assistance 
                        service.--The term `wireless directory 
                        assistance service' means any service for 
                        connecting calling parties to a subscriber of 
                        commercial mobile service when such calling 
                        parties themselves do not possess such 
                        subscriber's wireless telephone number 
                        information.''.

SOLUTION:
Wireless 411 Privacy Act - Amends the Communications Act of 1934 to prohibit a provider of commercial mobile services, or any affiliate or agent of such provider (provider), from including the wireless telephone number (wireless number) of any subscriber in any wireless directory assistance service (WDAS) database unless the provider: (1) provides a conspicuous, separate notice to the subscriber of the right not be listed in any WDAS; and (2) obtains express prior listing authorization from such subscriber, and that authorization has not been withdrawn.

Requires a provider to remove the wireless number of any subscriber from a WDAS upon request of that subscriber and without subscriber cost. Provides limited circumstances under which a provider may connect a calling party from a WDAS to a commercial mobile service subscriber.

Prohibits a telecommunications carrier from disclosing in billing information provided to customers wireless numbers of subscribers who have indicated a preference to their provider for not having their wireless number disclosed.

Prohibits a provider from publishing (listing) in any form, selling, or otherwise distributing the contents of any WDAS database unless the provider: (1) notifies the subscriber of the right not to be listed; and (2) obtains express prior authorization for listing from such subscriber, and that authorization has not been withdrawn.

Prohibits a provider from charging a subscriber for the exercise of any rights under this Act.