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 ''DNA Sexual Assault Justice Act of
2002''.

SEC. 2. ASSESSMENT ON BACKLOG IN DNA ANALYSIS OF SAMPLES.

(a) Assessment.--
(1) In general.--The Attorney General shall survey each law
enforcement jurisdiction to assess the backlog of DNA testing
of rape kit samples and other sexual assault evidence.
(2) Determinations.--The Attorney General, acting through
the Director of the National Institute of Justice, shall carry
out an assessment of Federal, State, local, and tribal
territories law enforcement jurisdictions to determine the
amount of--
(A) evidence contained in rape kits that has not
been subjected to DNA testing and analysis; and
(B) evidence from sexual assault crimes that has
not been subjected to DNA testing and analysis.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Attorney General shall submit to
Congress a report on the assessment carried out under
subsection (a).
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) the results of the assessment carried out under
subsection (a);
(B) the number of rape kit samples and other
evidence from sexual assault crimes that have not been
subjected to DNA testing and analysis; and
(C) a plan for carrying out additional assessments
and reports to continue until all law enforcement
jurisdictions report no backlog in crime scene DNA
testing and analysis.
(c) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.

SEC. 3. GRANTS FOR ANALYSIS OF DNA SAMPLES FROM RAPE KITS.

Section 2(a) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(a)) is amended--
(1) in paragraph (2), by inserting ''including samples from
rape kits and nonsuspect cases'' after ''crime scenes''; and
(2) by adding at the end the following:
''(4) To ensure that DNA testing and analysis of samples
from rape kits and nonsuspect cases are carried out in a timely
manner.''.

SEC. 4. INCREASED GRANTS FOR DNA ANALYSIS.

Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(j)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ''and'' at the
end; and
(B) by striking subparagraph (C) and inserting the
following:
''(C) $25,000,000 for fiscal year 2003;
''(D) $25,000,000 for fiscal year 2004;
''(E) $25,000,000 for fiscal year 2005; and
''(F) $25,000,000 for fiscal year 2006.''; and
(2) in paragraph (2), by striking subparagraphs (C) and (D)
and inserting the following:
''(C) $100,000,000 for fiscal year 2003;
''(D) $100,000,000 for fiscal year 2004;
''(E) $50,000,000 for fiscal year 2005; and
''(F) $50,000,000 for fiscal year 2006.''.

SEC. 5. AUTHORITY OF LOCAL GOVERNMENTS TO APPLY FOR AND RECEIVE DNA
BACKLOG ELIMINATION GRANTS.

Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135) is amended--
(1) in subsection (a), by inserting ''or eligible units of
local government'' after ''eligible States'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ''or unit of local government'' after
''State'' each place that term appears;
(B) in paragraph (1), by inserting ''or unit of
local government'' after ''State'';
(C) in paragraph (3), by inserting ''or unit of
local government'' after ''State'' the first time that
term appears;
(D) in paragraph (4)--
(i) by inserting ''or unit of local
government'' after ''State''; and
(ii) by striking ''and'' after the
semicolon;
(E) in paragraph (5)--
(i) by inserting ''or unit of local
government'' after ''State''; and
(ii) by striking the final period and
inserting ''; and''; and
(F) by adding at the end the following:
''(6) if the applicant is a unit of local government,
certify that the applicant participates in a State laboratory
system.'';
(3) in subsection (c), by inserting ''or unit of local
government'' after ''State'';
(4) in subsection (d)(2)(A), by inserting ''or units of
local government'' after ''States'';
(5) in subsection (e)--
(A) in paragraph (1), by inserting ''or local
government'' after ''State'' each place that term
appears; and
(B) in paragraph (2), by inserting ''or unit of
local government'' after ''State'';
(6) in subsection (f), by inserting ''or unit of local
government'' after ''State'';
(7) in subsection (g)--
(A) in paragraph (1), by inserting ''or unit of
local government'' after ''State''; and
(B) in paragraph (2), by inserting ''or units of
local government'' after ''States''; and
(8) in subsection (h), by inserting ''or unit of local
government'' after ''State'' each place that term appears.

SEC. 6. IMPROVING ELIGIBILITY CRITERIA FOR BACKLOG GRANTS.

Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135) is amended--
(1) in subsection (b)--
(A) in paragraph (5) (as amended by section 5), by
striking ''and'' at the end;
(B) in paragraph (6) (as added by section 5), by
striking the period at the end and inserting: '';
and''; and
(C) by adding at the end the following:
''(7) ensure that each laboratory performing DNA testing or
analysis satisfies the quality assurance protocols and
practices described in subsection (d)(2).''; and
(2) by adding at the end the following:
''(k) Priority.--In awarding grants under this section, the
Attorney General shall give priority to a State or unit of local
government that has a significant rape kit or nonsuspect case backlog
as compared to other applicants.''.

SEC. 7. AUTHORIZATION FOR GRANTS FOR IMPROVED RESPONSES TO AND
INVESTIGATION OF SEXUAL ASSAULT CASES.

(a) Authorization of Grants.--The Attorney General shall make
grants to eligible entities to--
(1) carry out sexual assault examiner training and
certification;
(2) develop sexual assault examiner programs;
(3) acquire or improve forensic equipment;
(4) train law enforcement personnel in the handling of
sexual assault cases and the collection and use of DNA samples
for use as forensic evidence; and
(5) train law enforcement personnel to recognize, detect,
report, and respond to drug-facilitated sexual assaults.
(b) Eligible Entity.--For purposes of this section, the term
''eligible entity'' means--
(1) a State;
(2) a unit of local government;
(3) a college, university, or other institute of higher
learning;
(4) sexual assault examination programs, including sexual
assault forensic examiner (SAFE) programs, sexual assault nurse
examiner (SANE) programs, and sexual assault response team
(SART) programs; and
(5) a State sexual assault coalition.
(c) Application.--To receive a grant under this section--
(1) the chief executive officer of a State, unit of local
government, or university that desires a grant under this
section shall submit to the Attorney General--
(A) an application in such form and containing such
information as the Attorney General may require;
(B) certification that the testing will be done in
a laboratory that complies with the quality assurance
and proficiency testing standards for collecting and
processing DNA samples issued by the Director of the
Federal Bureau of Investigation under section 210303 of
the DNA Identification Act of 1994 (42 U.S.C. 14131);
(C) notice that the applicant is aware of, and
utilizing, uniform protocols and standards issued by
the Department of Justice on the collection and
processing of DNA evidence at crime scenes; and
(D) if the applicant is a unit of local government,
certification that the applicant participates in a
State laboratory system; and
(2) an existing or proposed sexual assault examination
program shall submit to the Attorney General--
(A) an application in such form and containing such
information as the Attorney General may require;
(B) certification that the program complies with
the standards and recommended protocol developed by the
Attorney General pursuant to section 1405 of the
Victims of Trafficking and Violence Protection Act of
2000 (42 U.S.C. 3796gg note); and
(C) notice that the applicant is aware of, and
utilizing, uniform protocols and standards issued by
the Department of Justice on the collection and
processing of DNA evidence at crime scenes.
(d) Priority.--In awarding grants under this section, the Attorney
General shall give priority to proposed or existing sexual assault
examination programs that are serving, or will serve, populations
currently underserved by existing sexual assault examination programs.
(e) Restrictions on Use of Funds.--
(1) Supplemental funds.--Funds made available under this
section shall not be used to supplant State funds, but shall be
used to increase the amount of funds that would, in the absence
of Federal funds, be made available from State sources for the
purposes of this section.
(2) Administrative costs.--An eligible entity may not use
more than 3 percent of the funds it receives under this section
for administrative expenses.
(3) Nonexclusivity.--Nothing in this section shall be
construed to limit or restrict the ability of proposed or
existing sexual assault examination programs to apply for and
obtain Federal funding from any other agency or department or
any other Federal Grant program.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Justice $15,000,000 for each of
fiscal years 2003 through 2006 to carry out this section.

SEC. 8. AUTHORIZING JOHN DOE DNA INDICTMENTS.

(a) Limitations.--Section 3282 of title 18, United States Code, is
amended--
(1) by striking ''Except'' and inserting the following:
''(a) Limitation.--Except''; and
(2) by adding at the end the following:
''(b) DNA Profile Indictment.--
''(1) In general.--In any indictment found for an offense
under chapter 109A, if the identity of the accused is unknown,
it shall be sufficient to describe the accused as an individual
whose name is unknown, but who has a particular DNA profile.
''(2) Exception.--Any indictment described in paragraph
(1), which is found within 5 years after the offense under
chapter 109A shall have been committed, shall not be subject
to--
''(A) the limitations period described in
subsection (a); and
''(B) the provisions of chapter 208 until the
individual is arrested or served with a summons in
connection with the charges contained in the
indictment.
''(3) Definition.--For purposes of this subsection, the
term 'DNA profile' means a set of DNA identification
characteristics.''.
(b) Privacy Protection Standard.--Section 10(a) of the DNA Analysis
Backlog Elimination Act of 2000 (42 U.S.C. 14135e(a)) is amended by
inserting before the period at the end the following: ''or in section
3282(b) of title 18, United States Code.''.
(c) Rules of Criminal Procedure.--Rule 7 of the Federal Rules of
Criminal Procedure is amended in subdivision (c)(1) by adding at the
end the following: ''For purposes of an indictment referred to in
section 3282 of title 18, United States Code, if the identity of the
defendant is unknown, it shall be sufficient to describe the defendant,
in the indictment, as an individual whose name is unknown, but who has
a particular DNA profile, as defined in that section 3282.''.

SEC. 9. INCREASED GRANTS FOR COMBINED DNA INDEX (CODIS) SYSTEM.

Section 210306 of the DNA Identification Act of 1994 (42
U.S.C.14134) is amended--
(1) by striking ''There'' and inserting the following:
''(a) In General.--There''; and
(2) by adding at the end the following:
''(b) Increased Grants for CODIS.--There is authorized to be
appropriated to the Federal Bureau of Investigation to carry out a
redesign of the Combined DNA Index System (CODIS) $9,646,000 for fiscal
year 2003.''.

SEC. 10. INCREASED GRANTS FOR FEDERAL CONVICTED OFFENDER PROGRAM
(FCOP).

Section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135a) is amended by adding at the end the following:
''(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Federal Bureau of Investigation to carry out this
section $497,000 for fiscal year 2003.''.

SOLUTION: DNA Sexual Assault Justice Act of 2002 - Directs the Attorney General to: (1) survey each law enforcement jurisdiction to assess the backlog of DNA testing of rape kit samples and other sexual assault evidence; and (2) make grants to eligible entities to carry out sexual assault examiner training and certification, develop sexual assault examiner programs, acquire or improve forensic equipment, and train law enforcement personnel in the handling of sexual assault cases.Amends the DNA Analysis Backlog Elimination Act of 2000 to: (1) ensure that DNA testing and analysis of samples from rape kits and non-suspect cases are carried out in a timely manner; (2) reauthorize grants; (3) authorize local governments to apply for and receive grants; (4) direct the Attorney General to give priority in awarding grants to a State or local governmental unit that has a significant rape kit or non-suspect case backlog; (5) expand the scope of DNA samples subject to privacy protections; and (6) authorize appropriations to the Federal Bureau of Investigation (FBI) for the collection and use of DNA identification information from certain Federal offenders.Amends: (1) the Federal criminal code and the Federal Rules of Criminal Procedure to authorize "John Doe" DNA indictments for sexual abuse (allows describing a person as an unknown individual who has a particular DNA profile if the identity of the accused or defendant is unknown); and (2) the DNA Identification Act of 1994 to authorize appropriations to the FBI to carry out a redesign of the Combined DNA Index System.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Adult Day Achievement Center
Enhancement Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) One in 6 people in the United States lives with a
neurological disease or condition that can often result in
disability, and which may require the individual to seek
assistance in carrying out the activities of daily living.
Neurological diseases or conditions such as multiple sclerosis
(MS), early-onset Parkinson's disease, and traumatic brain
injury (TBI) often affect younger adults in the middle of their
lives.
(2) Multiple sclerosis is a chronic, often disabling
disease that attacks the central nervous system with symptoms
ranging from numbness in limbs to paralysis and loss of vision.
Most individuals with MS are diagnosed between the ages of 20
and 50. It is estimated that more than 400,000 individuals in
the United States are living with MS. Individuals living with
MS who experience more severe forms of the disease are likely
to require either home care or nursing home placement, though
the vast majority would prefer to remain at home to receive the
care they need. Where home care is concerned, approximately 80
percent of such care is provided by informal, unpaid,
caregivers who are generally family members.
(3) Parkinson's disease is a chronic, progressive
neurological disease. The 4 primary symptoms of Parkinson's
disease are tremor, or trembling in hands, arms, legs, jaw, and
face; rigidity, or stiffness of the limbs and trunk;
bradykinesia, or slowness of movement; and postural
instability, or impaired balance and coordination. It is
estimated that nearly 1,000,000 individuals live with
Parkinson's disease and, of those individuals, 5 to 10 percent
are diagnosed with the disease before age 60 and deemed
''early-onset''.
(4) Traumatic brain injury is a neurological condition that
typically results from a blow or jolt to the head or a
penetrating head injury and that can impact one or more parts
of the brain, thereby temporarily or permanently disrupting
normal brain function. The Centers for Disease Control and
Prevention estimates that 1,400,000 new cases of TBI occur
annually, resulting in disabilities affecting up to 90,000
individuals among a broad range of age groups. Traumatic brain
injury is a serious issue that affects military service
members. Estimates in prior military conflicts, indicate that
TBI was present in 14 to 20 percent of surviving casualties.
(5) Family caregivers are a crucial source of support and
assistance for individuals suffering with disabilities. Family
caregivers, the majority of whom are women, provide an
estimated $306,000,000,000 in unpaid services annually. The
current pool of potential family caregivers is dwindling, from
11 potential caregivers for each individual needing care today
to a projected ratio of 4 potential caregivers for each such
individual by 2050.
(6) Recent studies indicate that the total estimated cost
to employers for full-time employees with intensive caregiving
responsibilities is $17,100,000,000 annually. The total
estimated cost to employers for all full-time, employed
caregivers is $33,600,000,000 annually.
(7) Adult day programs can offer services, including
medical care, rehabilitation therapies, dignified assistance
with the activities of daily living, nutrition therapy, health
monitoring, social interaction, stimulating activities, and
transportation to seniors, individuals with disabilities, and
younger adults with chronic diseases.
(8) Adult day programs geared toward individuals living
with neurological diseases or conditions such as MS,
Parkinson's disease, TBI, or other similar diseases or
conditions, provide an important response to the needs of
individuals living with these conditions and the caregivers of
such individuals. Adult day programs can help to ameliorate
symptoms, reduce dependency, provide important socialization
opportunities, and maintain quality of life.
(9) Adult day programs have been shown to provide a range
of documented benefits, including improvements in functional
status, social support, and reductions in fatigue, depression,
and pain. Adult day programs also reduce ongoing medical care
and hospital costs and decrease admissions to nursing home
facilities, which can be costly for many families, by allowing
individuals to receive health and social services while
continuing to live at home.
(10) There are currently few adult day programs focused on
younger adult populations in the United States. As a result,
the majority of individuals living with neurological diseases
are unable to access this important opportunity for maximizing
their health and wellness. Although individuals living with
neurological diseases or conditions may be able to access other
existing adult day programs, such programs are not typically
intended for younger adults living with chronic diseases or
conditions, and may not provide the appropriate services to
meet the age-related or disability status of these individuals.

SEC. 3. ESTABLISHMENT OF ADULT DAY PROGRAMS.

(a) Survey of Existing Adult Day Programs.--
(1) In general.--Not later than 90 days after the date of
the enactment of this section, the Assistant Secretary for
Aging shall initiate a comprehensive survey of current adult
day programs that provide care and support to individuals
living with neurological diseases or conditions, including
multiple sclerosis, Parkinson's disease, traumatic brain
injury, and any other similar disease or condition.
(2) Survey elements.--In carrying out the survey under
paragraph (1), the Assistant Secretary for Aging may utilize
existing publicly available research on adult day programs, and
shall--
(A) identify ongoing successful adult day programs,
including by providing a brief description of how such
programs were initially established and funded;
(B) develop a set of best practices to help guide
the establishment and replication of additional
successful adult day programs, including--
(i) program guidelines;
(ii) recommendations on the scope of
services that should be provided (which may
include rehabilitation therapy, psychosocial
support, social stimulation and interaction,
and spiritual, educational, or other such
services); and
(iii) performance goals and indicators to
measure and analyze the outcomes generated by
the services provided and to evaluate the
overall success of the program; and
(C) evaluate the extent to which the Administration
on Aging supports adult day programs, either directly
or indirectly, through current Federal grant programs.
(3) Report.--Not later than 180 days after initiating the
survey under paragraph (1), the Assistant Secretary for Aging
shall prepare and make publicly available a summary report on
the results of the survey. Such report shall include each of
the elements described in paragraph (2).
(b) Establishment of Grant Program.--
(1) In general.--Not later than 90 days after producing the
report required by subsection (a)(3), the Assistant Secretary
for Aging shall establish within the Administration on Aging a
competitive grant program for awarding grants annually to
eligible entities, based on the best practices developed under
subsection (a), to fund adult day programs.
(2) Eligible entities.--In order to be eligible for a grant
under this subsection, an entity shall demonstrate the
following:
(A) Understanding of the special needs of
individuals living with neurological diseases or
conditions such as multiple sclerosis, Parkinson's
disease, traumatic brain injury, or other similar
diseases or conditions, including the functional
abilities of such individuals and the potential
complications across all types of cases and stages of
such diseases or conditions.
(B) Understanding of the issues experienced by
family caregivers who assist a family member with a
neurological disease or condition such as multiple
sclerosis, Parkinson's disease, traumatic brain injury,
or other similar disease or condition.
(C) A capacity to provide the services recommended
by the best practices developed under subsection (a).
(3) Additional selection requirement.--The Assistant
Secretary for Aging shall not award a grant to an entity under
this subsection if the amount of the award would constitute
more than 40 percent of the operating budget of the entity in
the fiscal year for which funds for the grant are authorized to
be expended. For purposes of this subsection, the fair market
value of annual in-kind contributions of equipment or services
shall be considered as part of the operating budget of the
entity.
(4) Selection of grant recipients.--Not later than 90 days
after establishing the grant program under this subsection, the
Assistant Secretary for Aging shall award the first annual
series of grants under the program. In awarding grants under
this subsection, the Assistant Secretary shall ensure, to the
extent practicable, a diverse geographic representation among
grant recipients and that, subject to the availability of
appropriations--
(A) a minimum of 5 entities are selected as grant
recipients for the first fiscal year for which such
grants are awarded;
(B) a minimum of 10 entities are selected as grant
recipients for the second such fiscal year;
(C) a minimum of 12 entities are selected as grant
recipients for the third such fiscal year; and
(D) a minimum of 15 entities are selected as grant
recipients for the fourth such fiscal year.
(5) Report.--No later than 1 year after the initial award
of grants under this subsection, and annually thereafter, the
Assistant Secretary for Aging shall prepare and make publicly
available a brief summary report on the grant program under
this section. Each such report shall include the following:
(A) A description of the adult day programs
receiving funding under this section, including the
amount of Federal funding awarded and the expected
outcomes of each program.
(B) A description of performance goals and
indicators to monitor the progress of grant recipients
in--
(i) responding to the needs of individuals
living with neurological diseases or conditions
such as multiple sclerosis, Parkinson's
disease, traumatic brain injury, and other
similar diseases or conditions; and
(ii) assisting the family caregivers of
such individuals.
(C) Any plans for improving oversight and
management of the grant program.
(c) Definitions.--In this Act:
(1) The term ''adult day program'' means a program that
provides comprehensive and effective care and support services
to individuals living with neurological diseases or conditions
such as multiple sclerosis, Parkinson's disease, traumatic
brain injury, or other similar diseases or conditions that may
result in a functional or degenerative disability and to the
family caregivers of such individuals, and that may assist such
individuals and family caregivers in ways that--
(A) maintain or improve the functional abilities of
such individuals, or otherwise help such individuals
adjust to changing functional abilities;
(B) prevent the onset of complications associated
with severe forms of the disease or condition;
(C) promote alternatives to placement in nursing
homes;
(D) reduce the strain on family caregivers taking
care of a family member living with such a disease or
condition;
(E) focus on supporting the emotional, social, and
intellectual needs of a younger adult population; or
(F) address the needs of veterans living with such
a disease or condition.
(2) The term ''family caregiver'' means a family member or
foster parent who provides unpaid assistance (which may include
in-home monitoring, management, supervision, care and
treatment, or other similar assistance) to another adult family
member with a special need.
(d) Authorization of Appropriations.--There are authorized to be
appropriated, in addition to amounts otherwise made available for such
purpose, such sums as may be necessary to carry out this section.

SOLUTION: Adult Day Achievement Center Enhancement Act - Requires the Assistant Secretary for Aging to initiate a comprehensive survey of current adult day programs that provide care and support to individuals living with neurological diseases or conditions, including multiple sclerosis, Parkinson's disease, or traumatic brain injury. Requires the Assistant Secretary to identify ongoing successful adult day programs and develop a set of best practices to help guide the establishment and replication of additional successful adult day programs.

Directs the Assistant Secretary to establish a competitive grant program for awarding grants annually to fund adult day programs. Defines an "adult day program" as a program that provides comprehensive and effective care and support services to individuals living with neurological diseases or conditions and to their family caregivers and that may assist them in ways that: (1) maintain or improve their functional abilities or otherwise help them adjust to their changing functional abilities; (2) prevent the onset of complications associated with severe forms of the disease or condition; (3) promote alternatives to placement in nursing homes; (4) reduce the strain on family caregivers taking care of a family member living with such a disease or condition; (5) focus on supporting the emotional, social, and intellectual needs of a younger adult population; or (6) address the needs of veterans living with such a disease or condition.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Undocumented Alien Emergency Medical
Assistance Amendments of 2004''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) The provision of medical care by public or private
health care providers to undocumented aliens is appropriate
only--
(A) to protect the health and safety of United
States citizens;
(B) to save the life of an undocumented alien in a
life-threatening medical emergency; and
(C) to stabilize an emergency medical condition so
that an undocumented alien can be repatriated for
medical treatment in the alien's own country.
(2) Federal reimbursement of emergency hospital services
furnished to undocumented aliens should be conditioned upon
obtaining sufficient information to promptly remove the aliens.
(3) Employers who employ undocumented aliens without
completing employment authorization verification procedures
should be held liable for uncompensated emergency services
furnished to such aliens.

SEC. 3. CONDITIONS FOR RECEIPT OF FEDERAL ASSISTANCE FOR EMERGENCY
SERVICES FOR UNDOCUMENTED ALIENS.

(a) In General.--Section 1011 of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law 108-173) is
amended--
(1) in subsection (d)(1), by adding at the end the
following new subparagraph:
''(C) Application of requirement.--Under such
process, the Secretary shall not provide payment under
subsection (c) to an eligible provider that is a
hospital for eligible services for an alien described
in subsection (c)(5)(A) unless the requirements of
subsection (f) are met by that provider with respect to
such alien.'';
(2) in subsection (e)(2), by adding at the end the
following new sentence: ''Such term also includes, with respect
to an undocumented alien described in subsection (c)(5)(A),
costs for emergency medical transportation and evacuation
incurred by a hospital in transferring and removing the alien
to a foreign country for receipt of appropriate health care
services.''; and
(3) by adding at the end the following new subsection:
''(f) Requirement for Collection of Immigration-Related Information
for Undocumented Aliens.--
''(1) In general.--No payment may be made under subsection
(c) to a hospital with respect to the provision of eligible
services to an undocumented alien described in subsection
(c)(5)(A) unless the following requirements are met:
''(A) The hospital has obtained in good faith from
the alien (or a legal guardian or other representative
on behalf of the alien) the following information in a
document that is signed by the alien (or such guardian
or representative) under oath or affirmation and that
is in a form that includes a notice that fraudulent or
false statements constitute a criminal act punishable
under Federal law:
''(i) The citizenship of the alien.
''(ii) The immigration status of the alien.
''(iii) The address of the alien in the
United States.
''(iv) Such personal or financial data
regarding the alien as the hospital routinely
requires of non-indigent patients, including
information regarding health insurance.
''(v) Information on the identity of any
current employer of the alien for whom the
alien has executed an Internal Revenue Service
Form W-4.
A hospital is not liable for the accuracy of the
information provided under this subparagraph so long as
it exercises reasonable care and good faith in
obtaining the information.
''(B) The hospital obtains one or more identifiers
for the alien and records such identifiers in a
digital, electronic format specified by the Secretary
in consultation with the Secretary of Homeland
Security. Such format shall be compatible with at least
one interoperable database maintained by the Secretary
of Homeland Security for the purpose of verifying the
identity and immigration status of aliens.
''(C) The hospital transmits to the Secretary of
Homeland Security, in a digital, electronic format and
manner specified by such Secretary, the information
provided under subparagraph (A) and the identifier (or
identifiers) obtained under subparagraph (B).
''(2) Maintenance of hospital records.--For a period of at
least 5 years, a hospital referred to in paragraph (1) shall
maintain the original documents described in paragraph (1)(A)
on file and makes such documents available for examination by
the Secretary and the Secretary of Homeland Security or their
designees.
''(3) Provision of technical support.--The Secretary of
Homeland Security shall provide hospitals under this section
with software, training, and technical support services, at no
cost to the hospital, to assist and enable hospitals to comply
with the requirements of paragraph (1).
''(4) Prompt action by dhs.--The Secretary of Homeland
Security shall take steps as may be necessary--
''(A) to obtain, process, and promptly review
information transmitted under paragraph (1)(C);
''(B) to determine whether an alien for whom such
information is transmitted is removable under any
provision of Federal immigration law; and
''(C) to initiate removal proceedings under the
relevant provisions of the Immigration and Nationality
Act in the case of any such alien who is identified as
being removable.
''(5) Removability.--An undocumented alien who obtains
eligible services through a hospital and does not provide for
payment for such services and who fails to provide accurate
information described in paragraph (1)(A) or an identifier (as
defined in paragraph (6)) shall be treated as removable on the
ground described in section 237(a)(5) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(5)).
''(6) Definition of identifier.--In this section, the term
'identifier' means a fingerprint or other biometric identifier
as the Secretary of Homeland Security may require.
''(g) Responsibility of Certain Employers.--
''(1) In general.--In the case of an employer of an
undocumented alien worker described in paragraph (2) for whom
payments are made to a hospital for eligible services under
this section, subject to paragraph (3), the employer shall be
liable to the Secretary for the amount of the payments so made.
''(2) Undocumented alien worker defined.--
''(A) In general.--For purposes of this subsection,
the term 'undocumented alien worker' means, with
respect to an employer, an undocumented alien described
in subsection (c)(5)(A)--
''(i) who is an unauthorized alien (as
defined in section 274A(h)(3) of the
Immigration and Nationality Act (8 U.S.C.
1324a(h)(3));
''(ii) who has provided the employer with
an Internal Revenue Service Form W-4; and
''(iii) with respect to whom neither the
conditions described in subparagraph (B)(i) or
the condition described in subparagraph (B)(ii)
have been met.
''(B) Conditions for exemption.--For purposes of
subparagraph (A)(iii)--
''(i) First set of conditions.--The
conditions described in this clause for an
employer and alien are the following:
''(I) The employer and alien have
fully complied with all requirements of
the employment verification system
prescribed in section 274A(b) of the
Immigration and Nationality Act (8
U.S.C. 1324a(b)).
''(II) The employer has enrolled
the alien in a State workmen's
compensation plan.
''(III) The alien is enrolled under
a health benefits plan or health
insurance coverage that provides such
level of coverage with respect to
emergency medical and hospitalization
benefits as the Secretary shall
specify, in consultation with the
Secretary of Homeland Security.
''(IV) The employer has assumed
responsibility for any cost-sharing
(including applicable deductibles and
coinsurance) that applies to the alien.
''(ii) Alternative condition.--The
condition described in this clause for an
employer and alien are that the employer has
verified the employment authorization of the
alien through the voluntary basic employment
verification pilot program under section 403(a)
of the Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of
Public Law 104-208), where available, or by any
other means made available for such
verification purposes by the Secretary of
Homeland Security.
''(3) Limitation on liability.--The liability of an
employer under this subsection shall be limited to an employer
that employs an undocumented alien worker at the time (as
specified under rules of the Secretary of Homeland Security)
the eligible services are provided for which payment may be
made by the Secretary under this section.
''(h) Limitation on Care Required.--Notwithstanding any other
provision of law (including section 1867 of the Social Security Act, 42
U.S.C. 1395dd), a hospital is not required to make available to an
undocumented alien described in subsection (c)(5)(A) care or services
if--
''(1) the alien may be transported to the alien's country
of origin (as determined in accordance with rules of the
Secretary of Homeland Security) without a significant
likelihood of material deterioration of medical condition of
the alien (or, in the case of an alien in active labor, of the
child), within reasonable medical probability, resulting from
the transfer of the alien from the hospital; or
''(2) the care--
''(A) involves organ transplantation or other
extraordinary medical treatment (or other treatment the
estimated cost of which exceeds $50,000); and
''(B) is for treatment of a condition that existed
before the alien entered the United States or is not
required as a direct and immediate result of an
accident in the United States.''.
(b) Effective Date.--The amendments made by subsection (a) shall be
effective as if included in the enactment of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003.
(c) Regulations.--
(1) In general.--The Secretary of Homeland Security, in
consultation with the Secretary of Health and Human Services,
shall issue interim regulations implementing the amendments
made by subsection (a) no later than 60 days after the date of
the enactment of this Act and shall permit a period of public
notice and comment of at least 90 days.
(2) Final regulations.--The Secretary of Homeland Security,
in consultation with the Secretary of Health and Human
Services, shall issue final regulations implementing such
amendments not later than one year after the date of
publication of such interim regulations.
(d) Annual Report on Implementation.--
(1) In general.--The Secretary of Homeland Security, in
consultation with the Secretary of Health and Human Services,
shall submit to the chairman and ranking minority member of the
Judiciary and Appropriations Committees of the House of
Representatives and the Senate, the Select Committee on
Homeland Security of the House of Representatives, and the
Senate Committee on Governmental Affairs an annual report on
the implementation of section 1011 of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003, as amended by
this section.
(2) Items to be included.--Each annual report under
paragraph (1) shall include--
(A) a cost analysis of Federal expenditures under
such section 1011;
(B) a description of the assistance provided to
hospitals under subsection (f)(2) of such section;
(C) the number of undocumented aliens removed under
subsection (f)(3) of such section; and
(D) amounts recovered from employers under
subsection (g) of such section.
(e) Feasibility of Effecting Treaties for International Medical
Evacuation.--
(1) Study.--The Secretary of State shall conduct an
analysis of the feasibility and appropriateness of the
following:
(A) Negotiating with foreign states treaties under
which such states provide payment for the cost of
international medical evacuation for their nationals
who require emergency health care in the United States
and who do not otherwise have insurance or other
coverage for the costs of such care.
(B) In the case of nationals of a foreign state for
whom significant costs are incurred under section 1011
of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 and for which state a treaty
described in subparagraph (A) is not in effect,
imposing a visa, port of entry, or similar surcharge
the proceeds of which may be used towards such costs
and towards the cost of international medical
evacuation described in such clause.
(2) Report.--The Secretary of State shall submit to the
committees described in subsection (d)(1) a report on the
analysis under paragraph (1).

SOLUTION:
Undocumented Alien Emergency Medical Assistance Amendments of 2004 - Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to: (1) prohibit Federal reimbursement of hospital-provided emergency and certain transportation services to undocumented aliens unless the hospital provides the Secretary of Homeland Security with information regarding an alien's citizenship, immigration status, financial data, and employer; (2) make the employer of certain undocumented aliens responsible for such costs; and (3) direct the Secretary to initiate removal procedures against an alien determined to be removable under Federal immigration law.

Directs the Secretary of State to analyze the feasibility of effecting treaties for international medical evacuations.