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

Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Fair Treatment Act of 
1995''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
      TITLE I--REGULATORY SIMPLIFICATION AND VOLUNTARY COMPLIANCE

Sec. 101. Definitions.
Sec. 102. Compliance guides.
Sec. 103. No action letter.
Sec. 104. Voluntary self-audits.
                   TITLE II--MISCELLANEOUS PROVISIONS

Sec. 201. Performance measures.
Sec. 202. Grace period for correction of violations of Environmental 
                            Protection Agency regulations.
Sec. 203. Waiver of punitive fines for small entities.

      TITLE I--REGULATORY SIMPLIFICATION AND VOLUNTARY COMPLIANCE

SEC. 101. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Compliance guide.--The term ``compliance guide'' means 
        a publication made by a covered agency under section 102(a).
            (2) Covered agency.--The term ``covered agency'' means any 
        agency that, on the date of enactment of this Act, has 
        promulgated any rule for which a regulatory flexibility 
        analysis was required under section 605 of title 5, United 
        States Code, and any other agency that promulgates any such 
        rule, as of the date of enactment of this Act.
            (3) No action letter.--The term ``no action letter'' means 
        a written determination from a covered agency stating that, 
        based on a no action request submitted to the agency by a small 
        entity, the agency will not take enforcement action against the 
        small entity under the rules of the covered agency.
            (4) No action request.--The term ``no action request'' 
        means a written correspondence submitted by a small entity to a 
        covered agency--
                    (A) stating a set of facts; and
                    (B) requesting a determination by the agency of 
                whether the agency would take an enforcement action 
                against the small entity based on such facts and the 
                application of any rule of the agency.
            (5) Rule.--The term ``rule'' has the same meaning as in 
        section 601(2) of title 5, United States Code.
            (6) Small entity.--The term ``small entity'' has the same 
        meaning as in section 601(6) of title 5, United States Code.
            (7) Small business concern.--The term ``small business 
        concern'' has the same meaning as in section 3 of the Small 
        Business Act.
            (8) Voluntary self-audit.--The term ``voluntary self-
        audit'' means an audit, assessment, or review of any operation, 
        practice, or condition of a small entity that--
                    (A) is initiated by an officer, employee, or agent 
                of the small entity; and
                    (B) is not required by law.

SEC. 102. COMPLIANCE GUIDES.

    (a) Compliance Guide.--
            (1) Publication.--If a covered agency is required to 
        prepare a regulatory flexibility analysis for a rule or group 
        of related rules under section 603 of title 5, United States 
        Code, the agency shall publish a compliance guide for such rule 
        or group of related rules.
            (2) Requirements.--Each compliance guide published under 
        paragraph (1) shall--
                    (A) contain a summary description of the rule or 
                group of related rules;
                    (B) contain a citation to the location of the 
                complete rule or group of related rules in the Federal 
                Register;
                    (C) provide notice to small entities of the 
                requirements under the rule or group of related rules 
                and explain the actions that a small entity is required 
                to take to comply with the rule or group of related 
                rules;
                    (D) be written in a manner to be understood by the 
                average owner or manager of a small entity; and
                    (E) be updated as required to reflect changes in 
                the rule.
    (b) Dissemination.--
            (1) In general.--Each covered agency shall establish a 
        system to ensure that compliance guides required under this 
        section are published, disseminated, and made easily available 
        to small entities.
            (2) Small business development centers.--In carrying out 
        this subsection, each covered agency shall provide sufficient 
        numbers of compliance guides to small business development 
        centers for distribution to small businesses concerns.
    (c) Limitation on Enforcement.--
            (1) In general.--No covered agency may bring an enforcement 
        action in any Federal court or in any Federal administrative 
        proceeding against a small entity to enforce a rule for which a 
        compliance guide is not published and disseminated by the 
        covered agency as required under this section.
            (2) Effective dates.--This subsection shall take effect--
                    (A) 1 year after the date of the enactment of this 
                Act with regard to a final regulation in effect on the 
                date of the enactment of this Act; and
                    (B) on the date of the enactment of this Act with 
                regard to a regulation that takes effect as a final 
                regulation after such date of enactment.

SEC. 103. NO ACTION LETTER.

    (a) Application.--This section applies to all covered agencies, 
except--
            (1) the Federal Trade Commission;
            (2) the Equal Employment Opportunity Commission; and
            (3) the Consumer Product Safety Commission.
    (b) Issuance of No Action Letter.--Not later than 90 days after the 
date on which a covered agency receives a no action request, the agency 
shall--
            (1) make a determination regarding whether to grant the no 
        action request, deny the no action request, or seek further 
        information regarding the no action request; and
            (2) if the agency makes a determination under paragraph (1) 
        to grant the no action request, issue a no action letter and 
        transmit the letter to the requesting small entity.
    (c) Reliance on No Action Letter or Compliance Guide.--In any 
enforcement action brought by a covered agency in any Federal court or 
Federal administrative proceeding against a small entity, the small 
entity shall have a complete defense to any allegation of noncompliance 
or violation of a rule if the small entity affirmatively pleads and 
proves by a preponderance of the evidence that the act or omission 
constituting the alleged noncompliance or violation was taken in good 
faith with and in reliance on--
            (1) a no action letter from that agency; or
            (2) a compliance guide of the applicable rule published by 
        the agency under section 102(a).

SEC. 104. VOLUNTARY SELF-AUDITS.

    (a) Procedures.--Each agency shall establish voluntary self-audit 
procedures for small entities regulated by the agency.
    (b) Inadmissibility of Evidence and Limitation on Discovery.--If 
action to address a violation is taken not later than 180 days after 
the date on which a voluntary self-audit is concluded, the evidence 
described in subsection (c)--
            (1) shall not be admissible, unless agreed to by the small 
        entity, in any enforcement action brought against a small 
        entity by a Federal agency in any Federal--
                    (A) court; or
                    (B) administrative proceeding; and
            (2) may not be the subject of discovery in any enforcement 
        action brought against a small entity by a Federal agency in 
        any Federal--
                    (A) court; or
                    (B) administrative proceeding.
    (c) Application.--For purposes of subsection (b), the evidence 
described in this subsection is--
            (1) a voluntary self-audit made in good faith; and
            (2) any report, finding, opinion, or any other oral or 
        written communication made in good faith relating to such 
        voluntary self-audit.
    (d) Exceptions.--Subsection (b) shall not apply if--
            (1) the act or omission that forms the basis of the 
        enforcement action is a violation of criminal law; or
            (2) the voluntary self-audit or the report, finding, 
        opinion, or other oral or written communication was prepared 
        for the purpose of avoiding disclosure of information required 
        for an investigative, administrative, or judicial proceeding 
        that, at the time of preparation, was imminent or in progress.

                   TITLE II--MISCELLANEOUS PROVISIONS

SEC. 201. PERFORMANCE MEASURES.

    No covered agency shall establish or enforce agency personnel 
practices that reward agency employees, directly or indirectly, based 
on the number of contacts made with small entities in pursuit of 
enforcement actions or on the amount of fines levied against small 
entities to enforce agency regulations.

SEC. 202. GRACE PERIOD FOR CORRECTION OF VIOLATIONS OF ENVIRONMENTAL 
              PROTECTION AGENCY REGULATIONS.

    (a) In General.--Subject to subsection (b), for violations of 
regulations identified on or after the date of enactment of this Act, 
the Administrator of the Environmental Protection Agency shall afford 
small entities 180 days after the date on which the violation is 
identified to correct such violation.
    (b) Exception.--Subsection (a) shall not apply--
            (1) if the Administrator of the Environmental Protection 
        Agency determines that there is an imminent risk to public 
        health or worker safety; or
            (2) to a violation of a regulation for which criminal 
        liability may be imposed.

SEC. 203. WAIVER OF PUNITIVE FINES FOR SMALL ENTITIES.

    Notwithstanding any other law, policy, or practice, a covered 
agency may waive all or part of a punitive fine that would otherwise be 
imposed on a small entity if--
            (1) the fine is for a first time violation of a law or 
        regulation; and
            (2) the small entity acts quickly and in good faith to 
        correct the violation.

A: TABLE OF CONTENTS: 
     Title I:  Regulatory Simplification and Voluntary Compliance 
     Title II:  Miscellaneous Provisions 
Small Business Fair Treatment Act of 1995 - 
Title I:  Regulatory Simplification and Voluntary Compliance
 - Directs a Federal regulatory agency that is required to prepare a regulatory flexibility analysis for a rule or group of related rules to publish a compliance guide which:  (1) contains a summary of the rules and a citation as to their location; (2) provides a notice to small businesses (small entities) of such rules as well as an understandable explanation of actions necessary for compliance; and (3) is updated as required. Requires such guide to be disseminated to small entities, as well as to small business development centers.  Prohibits any covered agency from bringing an action against a small entity to enforce a rule for which such a guide has not been published and disseminated. 
(Sec. 103) Requires covered agencies other than the Federal Trade Commission, the Equal Employment Opportunity Commission, and the Consumer Product Safety Commission to determine within 90 days whether to grant or deny a request by a small entity that no action be taken against such entity with respect to the enforcement of a rule (no action request).  Allows a small entity to rely on a no action response from a covered agency in any subsequent action brought against the small entity for a rule's enforcement. 
(Sec. 104) Requires each covered agency to establish voluntary self-audit procedures for small entities regulated by the agency. Makes inadmissible as evidence in an action, as well as outside the bounds of discovery, any information compiled by a small entity in a voluntary self-audit, as long as an action to address such violation is brought within 180 days after the conclusion of the self-audit. 
Title II:  Miscellaneous Provisions
 - Prohibits any covered agency from establishing personnel practices that reward its employees based on the number of contacts made with small entities in pursuit of enforcement actions or the levy of fines to enforce agency regulations. 
(Sec. 202) Directs the Administrator of the Environmental Protection Agency (EPA) to afford small entities a 180-day grace period for the correction of EPA violations, with exceptions. 
(Sec. 203) Authorizes a covered agency to waive all or part of any punitive fine that would otherwise be imposed on a small entity:  (1) for a first time violation; and (2) if the small entity acts quickly and in good faith to correct the violation.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Ocean Acidification Research 
And Monitoring Act of 2009'' or the ``FOARAM Act''.

SEC. 2. PURPOSES.

    (a) Purposes.--The purposes of this Act are to provide for--
            (1) development and coordination of a comprehensive 
        interagency plan to--
                    (A) monitor and conduct research on the processes 
                and consequences of ocean acidification on marine 
                organisms and ecosystems; and
                    (B) establish an interagency research and 
                monitoring program on ocean acidification;
            (2) establishment of an ocean acidification program within 
        the National Oceanic and Atmospheric Administration;
            (3) assessment and consideration of regional and national 
        ecosystem and socioeconomic impacts of increased ocean 
        acidification; and
            (4) research adaptation strategies and techniques for 
        effectively conserving marine ecosystems as they cope with 
        increased ocean acidification.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Ocean acidification.--The term ``ocean acidification'' 
        means the decrease in pH of the Earth's oceans and changes in 
        ocean chemistry caused by chemical inputs from the atmosphere, 
        including carbon dioxide.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the Administrator of the National 
        Oceanic and Atmospheric Administration.
            (3) Subcommittee.--The term ``Subcommittee'' means the 
        Joint Subcommittee on Ocean Science and Technology of the 
        National Science and Technology Council.

SEC. 4. INTERAGENCY SUBCOMMITTEE.

    (a) Designation.--
            (1) In general.--The Joint Subcommittee on Ocean Science 
        and Technology of the National Science and Technology Council 
        shall coordinate Federal activities on ocean acidification and 
        establish an interagency working group.
            (2) Membership.--The interagency working group on ocean 
        acidification shall be comprised of senior representatives from 
        the National Oceanic and Atmospheric Administration, the 
        National Science Foundation, the National Aeronautics and Space 
        Administration, the United States Geological Survey, the United 
        States Fish and Wildlife Service, and such other Federal 
        agencies as appropriate.
            (3) Chairman.--The interagency working group shall be 
        chaired by the representative from the National Oceanic and 
        Atmospheric Administration.
    (b) Duties.--The Subcommittee shall--
            (1) develop the strategic research and monitoring plan to 
        guide Federal research on ocean acidification required under 
        section 5 of this Act and oversee the implementation of the 
        plan;
            (2) oversee the development of--
                    (A) an assessment of the potential impacts of ocean 
                acidification on marine organisms and marine 
                ecosystems; and
                    (B) adaptation and mitigation strategies to 
                conserve marine organisms and ecosystems exposed to 
                ocean acidification;
            (3) facilitate communication and outreach opportunities 
        with nongovernmental organizations and members of the 
        stakeholder community with interests in marine resources;
            (4) coordinate the United States Federal research and 
        monitoring program with research and monitoring programs and 
        scientists from other nations; and
            (5) establish or designate an Ocean Acidification 
        Information Exchange to make information on ocean acidification 
        developed through or utilized by the interagency ocean 
        acidification program accessible through electronic means, 
        including information which would be useful to policymakers, 
        researchers, and other stakeholders in mitigating or adapting 
        to the impacts of ocean acidification.
    (c) Reports to Congress.--
            (1) Initial report.--Not later than 1 year after the date 
        of enactment of this Act, the Subcommittee shall transmit a 
        report to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Science and 
        Technology and the Committee on Natural Resources of the House 
        of Representatives that--
                    (A) includes a summary of federally funded ocean 
                acidification research and monitoring activities, 
                including the budget for each of these activities; and
                    (B) describes the progress in developing the plan 
                required under section 5 of this Act.
            (2) Biennial report.--Not later than 2 years after the 
        delivery of the initial report under paragraph (1) and every 2 
        years thereafter, the Subcommittee shall transmit a report to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Science and Technology and the 
        Committee on Natural Resources of the House of Representatives 
        that includes--
                    (A) a summary of federally funded ocean 
                acidification research and monitoring activities, 
                including the budget for each of these activities; and
                    (B) an analysis of the progress made toward 
                achieving the goals and priorities for the interagency 
                research plan developed by the Subcommittee under 
                section 5.
            (3) Strategic research plan.--Not later than 2 years after 
        the date of enactment of this Act, the Subcommittee shall 
        transmit the strategic research plan developed under section 5 
        to the Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Science and Technology and the 
        Committee on Natural Resources of the House of Representatives. 
        A revised plan shall be submitted at least once every 5 years 
        thereafter.

SEC. 5. STRATEGIC RESEARCH PLAN.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Subcommittee shall develop a strategic plan for 
Federal research and monitoring on ocean acidification that will 
provide for an assessment of the impacts of ocean acidification on 
marine organisms and marine ecosystems and the development of 
adaptation and mitigation strategies to conserve marine organisms and 
marine ecosystems. In developing the plan, the Subcommittee shall 
consider and use information, reports, and studies of ocean 
acidification that have identified research and monitoring needed to 
better understand ocean acidification and its potential impacts, and 
recommendations made by the National Academy of Sciences in the review 
of the plan required under subsection (d).
    (b) Contents of the Plan.--The plan shall--
            (1) provide for interdisciplinary research among the ocean 
        sciences, and coordinated research and activities to improve 
        the understanding of ocean chemistry that will affect marine 
        ecosystems;
            (2) establish, for the 10-year period beginning in the year 
        the plan is submitted, the goals and priorities for Federal 
        research and monitoring which will--
                    (A) advance understanding of ocean acidification 
                and its physical, chemical, and biological impacts on 
                marine organisms and marine ecosystems;
                    (B) improve the ability to assess the socioeconomic 
                impacts of ocean acidification; and
                    (C) provide information for the development of 
                adaptation and mitigation strategies to conserve marine 
                organisms and marine ecosystems;
            (3) describe specific activities, including--
                    (A) efforts to determine user needs;
                    (B) research activities;
                    (C) monitoring activities;
                    (D) technology and methods development;
                    (E) data collection;
                    (F) database development;
                    (G) modeling activities;
                    (H) assessment of ocean acidification impacts; and
                    (I) participation in international research 
                efforts;
            (4) identify relevant programs and activities of the 
        Federal agencies that contribute to the interagency program 
        directly and indirectly and set forth the role of each Federal 
        agency in implementing the plan;
            (5) consider and utilize, as appropriate, reports and 
        studies conducted by Federal agencies, the National Research 
        Council, or other entities;
            (6) make recommendations for the coordination of the ocean 
        acidification research and monitoring activities of the United 
        States with such activities of other nations and international 
        organizations;
            (7) outline budget requirements for Federal ocean 
        acidification research and monitoring and assessment activities 
        to be conducted by each agency under the plan;
            (8) identify the monitoring systems and sampling programs 
        currently employed in collecting data relevant to ocean 
        acidification and prioritize additional monitoring systems that 
        may be needed to ensure adequate data collection and monitoring 
        of ocean acidification and its impacts; and
            (9) describe specific activities designed to facilitate 
        outreach and data and information exchange with stakeholder 
        communities.
    (c) Program Elements.--The plan shall include at a minimum the 
following program elements:
            (1) Monitoring of ocean chemistry and biological impacts 
        associated with ocean acidification at selected coastal and 
        open-ocean monitoring stations, including satellite-based 
        monitoring to characterize--
                    (A) marine ecosystems;
                    (B) changes in marine productivity; and
                    (C) changes in surface ocean chemistry.
            (2) Research to understand the species specific 
        physiological responses of marine organisms to ocean 
        acidification, impacts on marine food webs of ocean 
        acidification, and to develop environmental and ecological 
        indices that track marine ecosystem responses to ocean 
        acidification.
            (3) Modeling to predict changes in the ocean carbon cycle 
        as a function of carbon dioxide and atmosphere-induced changes 
        in temperature, ocean circulation, biogeochemistry, ecosystem 
        and terrestrial input, and modeling to determine impacts on 
        marine ecosystems and individual marine organisms.
            (4) Technology development and standardization of carbonate 
        chemistry measurements on moorings and autonomous floats.
            (5) Assessment of socioeconomic impacts of ocean 
        acidification and development of adaptation and mitigation 
        strategies to conserve marine organisms and marine ecosystems.
    (d) National Academy of Sciences Evaluation.--The Secretary shall 
enter into an agreement with the National Academy of Sciences to review 
the plan.
    (e) Public Participation.--In developing the plan, the Subcommittee 
shall consult with representatives of academic, State, industry and 
environmental groups. Not later than 90 days before the plan, or any 
revision thereof, is submitted to the Congress, the plan shall be 
published in the Federal Register for a public comment period of not 
less than 60 days.

SEC. 6. NOAA OCEAN ACIDIFICATION ACTIVITIES.

    (a) In General.--The Secretary shall establish and maintain an 
ocean acidification program within the National Oceanic and Atmospheric 
Administration to conduct research, monitoring, and other activities 
consistent with the strategic research and implementation plan 
developed by the Subcommittee under section 5 that--
            (1) includes--
                    (A) interdisciplinary research among the ocean and 
                atmospheric sciences, and coordinated research and 
                activities to improve understanding of ocean 
                acidification;
                    (B) the establishment of a long-term monitoring 
                program of ocean acidification utilizing existing 
                global and national ocean observing assets, and adding 
                instrumentation and sampling stations as appropriate to 
                the aims of the research program;
                    (C) research to identify and develop adaptation 
                strategies and techniques for effectively conserving 
                marine ecosystems as they cope with increased ocean 
                acidification;
                    (D) as an integral part of the research programs 
                described in this Act, educational opportunities that 
                encourage an interdisciplinary and international 
                approach to exploring the impacts of ocean 
                acidification;
                    (E) as an integral part of the research programs 
                described in this Act, national public outreach 
                activities to improve the understanding of current 
                scientific knowledge of ocean acidification and its 
                impacts on marine resources; and
                    (F) coordination of ocean acidification monitoring 
                and impacts research with other appropriate 
                international ocean science bodies such as the 
                International Oceanographic Commission, the 
                International Council for the Exploration of the Sea, 
                the North Pacific Marine Science Organization, and 
                others;
            (2) provides grants for critical research projects that 
        explore the effects of ocean acidification on ecosystems and 
        the socioeconomic impacts of increased ocean acidification that 
        are relevant to the goals and priorities of the strategic 
        research plan; and
            (3) incorporates a competitive merit-based process for 
        awarding grants that may be conducted jointly with other 
        participating agencies or under the National Oceanographic 
        Partnership Program under section 7901 of title 10, United 
        States Code.
    (b) Additional Authority.--In conducting the Program, the Secretary 
may enter into and perform such contracts, leases, grants, or 
cooperative agreements as may be necessary to carry out the purposes of 
this Act on such terms as the Secretary considers appropriate.

SEC. 7. NSF OCEAN ACIDIFICATION ACTIVITIES.

    (a) Research Activities.--The Director of the National Science 
Foundation shall continue to carry out research activities on ocean 
acidification which shall support competitive, merit-based, peer-
reviewed proposals for research and monitoring of ocean acidification 
and its impacts, including--
            (1) impacts on marine organisms and marine ecosystems;
            (2) impacts on ocean, coastal, and estuarine 
        biogeochemistry; and
            (3) the development of methodologies and technologies to 
        evaluate ocean acidification and its impacts.
    (b) Consistency.--The research activities shall be consistent with 
the strategic research plan developed by the Subcommittee under section 
5.
    (c) Coordination.--The Director shall encourage coordination of the 
Foundation's ocean acidification activities with such activities of 
other nations and international organizations.

SEC. 8. NASA OCEAN ACIDIFICATION ACTIVITIES.

    (a) Ocean Acidification Activities.--The Administrator of the 
National Aeronautics and Space Administration, in coordination with 
other relevant agencies, shall ensure that space-based monitoring 
assets are used in as productive a manner as possible for monitoring of 
ocean acidification and its impacts.
    (b) Program Consistency.--The Administrator shall ensure that the 
Agency's research and monitoring activities on ocean acidification are 
carried out in a manner consistent with the strategic research plan 
developed by the Subcommittee under section 5.
    (c) Coordination.--The Administrator shall encourage coordination 
of the Agency's ocean acidification activities with such activities of 
other nations and international organizations.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) NOAA.--There are authorized to be appropriated to the National 
Oceanic and Atmospheric Administration to carry out the purposes of 
this Act--
            (1) $8,000,000 for fiscal year 2009;
            (2) $12,000,000 for fiscal year 2010;
            (3) $15,000,000 for fiscal year 2011; and
            (4) $20,000,000 for fiscal year 2012.
    (b) NSF.--There are authorized to be appropriated to the National 
Science Foundation to carry out the purposes of this Act--
            (1) $6,000,000 for fiscal year 2009;
            (2) $8,000,000 for fiscal year 2010;
            (3) $12,000,000 for fiscal year 2011; and
            (4) $15,000,000 for fiscal year 2012.

A: Federal Ocean Acidification Research And Monitoring Act of 2009 or FOARAM Act - Defines "ocean acidification," for this Act, as the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide.

Requires that the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council coordinate federal activities on ocean acidification and establish an interagency working group.

Requires the Subcommittee to develop a strategic plan for federal ocean acidification research and monitoring that provides, among other things, for the development of adaptation and mitigation strategies. Directs the Secretary of Commerce, through the National Oceanic and Atmospheric Administration (NOAA), to enter into an agreement with the National Academy of Sciences (NAS) to review the plan.

Directs the Secretary to establish and maintain an ocean acidification program in NOAA to conduct research, monitoring, and other activities, including: (1) providing grants for critical research projects exploring the ecosystem and socioeconomic impacts of ocean acidification; and (2) incorporating a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program.

Requires the National Science Foundation (NSF) director to continue to carry out ocean acidification research supporting competitive, merit-based, peer-reviewed proposals for research and monitoring of ocean acidification and its impacts.

Requires the administrator of the National Aeronautics and Space Administration (NASA) to ensure that space-based monitoring assets are used in as productive a manner as possible for the monitoring of ocean acidification and its impacts.
****
Q: SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Improving Cancer 
Treatment Education Act of 2013''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
  TITLE I--COMPREHENSIVE CANCER PATIENT TREATMENT EDUCATION UNDER THE 
                            MEDICARE PROGRAM

Sec. 101. Medicare coverage of comprehensive cancer patient treatment 
                            education services.
      TITLE II--RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT

Sec. 201. Sense of Congress.
Sec. 202. NIH Research on cancer symptom management improvement.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Many people with cancer experience side effects, 
        symptoms, and late complications associated with their disease 
        and their treatment, which can have a serious adverse impact on 
        their health, well-being, and quality of life.
            (2) Many side effects and symptoms associated with cancer 
        and its treatment can be reduced or controlled by the provision 
        of timely symptom management and services and also by educating 
        people with cancer and their caregivers about the potential 
        effects before treatment begins.
            (3) Studies have found that individualized educational 
        intervention for cancer pain management from a registered nurse 
        was effective for patients with cancer being treated in 
        outpatient and home-based settings. Similarly, the number of 
        caregivers who said they were well informed and confident about 
        caregiving after attending a family caregiver cancer education 
        program increased after program attendance.
            (4) People with cancer benefit from having an educational 
        session with oncology nurses in advance of the initiation of 
        treatment to learn how to reduce the risk of and manage adverse 
        effects and maximize well-being. Helping patients to manage 
        their side effects reduces adverse events and the need for 
        urgent or inpatient care.
            (5) The Oncology Nursing Society has received reports from 
        its members that, because the Medicare program and other payers 
        do not cover the provision of patient treatment education, 
        patients and their caregivers often do not receive adequate 
        education before the onset of such patients' treatment for 
        cancer regarding the course of such treatment and the possible 
        side effects and symptoms such patients may experience. The 
        Oncology Nursing Society recommends that all patients being 
        treated for cancer have a one-on-one educational session with a 
        nurse in advance of the onset of such treatment so that such 
        patients and their caregivers receive the information they need 
        to help minimize adverse events related to such treatment and 
        maximize the well-being of such patients.
            (6) Insufficient or non-existent Medicare payments coupled 
        with poor investment in symptom management research contribute 
        to the inadequate education of patients, poor management and 
        monitoring of cancer symptoms, and inadequate handling of late 
        effects of cancer and its treatment.
            (7) People with cancer often do not have the symptoms 
        associated with their disease and the associated treatment 
        managed in a comprehensive or appropriate manner.
            (8) People with cancer deserve to have access to 
        comprehensive care that includes appropriate treatment and 
        symptom management.
            (9) Patients who receive infused chemotherapy likely obtain 
        some treatment education during the course of the 
        administration of their treatment; yet, many do not, and 
        individuals who may receive a different type of cancer care, 
        such as radiation or surgical interventions or oral 
        chemotherapy taken at home, likely do not receive treatment 
        education during their treatment.
            (10) Comprehensive cancer care must include access to 
        services and management associated with nausea, vomiting, 
        fatigue, depression, pain, and other symptoms.
            (11) The Institute of Medicine report, ``Ensuring Quality 
        Cancer Care'' asserts that ``much can be done to relieve the 
        symptoms, ease distress, provide comfort, and in other ways 
        improve the quality of life of someone with cancer. For a 
        person with cancer, maintenance of quality of life requires, at 
        a minimum, relief from pain and other distressing symptoms, 
        relief from anxiety and depressions, including the fear of 
        pain, and a sense of security that assistance will be readily 
        available if needed.''.
            (12) The Institute of Medicine report, ``Cancer Care for 
        the Whole Patient: Meeting Psychosocial Health Needs'' 
        recognizes that cancer patients' psychosocial needs include 
        information about their therapies and the potential side 
        effects.
            (13) As more than half of all cancer diagnoses occur among 
        individuals age 65 and older, the challenges of managing cancer 
        symptoms are growing for patients enrolled in the Medicare 
        program.
            (14) Provision of Medicare payment for comprehensive cancer 
        patient treatment education, coupled with expanded cancer 
        symptom management research, will help improve care and quality 
        of life for people with cancer from the time of diagnosis 
        through survivorship or end of life.

  TITLE I--COMPREHENSIVE CANCER PATIENT TREATMENT EDUCATION UNDER THE 
                            MEDICARE PROGRAM

SEC. 101. MEDICARE COVERAGE OF COMPREHENSIVE CANCER PATIENT TREATMENT 
              EDUCATION SERVICES.

    (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 
1395x) is amended--
            (1) in subsection (s)(2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (EE);
                    (B) by adding ``and'' at the end of subparagraph 
                (FF); and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(GG) comprehensive cancer patient treatment education 
        services (as defined in subsection (iii)(1));''; and
            (2) by adding at the end the following new subsection:

      ``Comprehensive Cancer Patient Treatment Education Services

    ``(iii)(1) The term `comprehensive cancer patient treatment 
education services' means--
            ``(A) in the case of an individual who is diagnosed with 
        cancer, the provision of a one-hour patient treatment education 
        session delivered by a registered nurse that--
                    ``(i) is furnished to the individual and the 
                caregiver (or caregivers) of the individual in advance 
                of the onset of treatment and to the extent 
                practicable, is not furnished on the day of diagnosis 
                or on the first day of treatment;
                    ``(ii) educates the individual and such caregiver 
                (or caregivers) to the greatest extent practicable, 
                about all aspects of the care to be furnished to the 
                individual, informs the individual regarding any 
                potential symptoms, side-effects, or adverse events, 
                and explains ways in which side effects and adverse 
                events can be minimized and health and well-being 
                maximized, and provides guidance regarding those side 
                effects to be reported and to which health care 
                provider the side effects should be reported;
                    ``(iii) includes the provision, in written form, of 
                information about the course of treatment, any 
                responsibilities of the individual with respect to 
                self-dosing, and ways in which to address symptoms and 
                side-effects; and
                    ``(iv) is furnished, to the greatest extent 
                practicable, in an oral, written, or electronic form 
                that appropriately takes into account cultural and 
                linguistic needs of the individual in order to make the 
                information comprehensible to the individual and such 
                caregiver (or caregivers); and
            ``(B) with respect to an individual for whom a course of 
        cancer treatment or therapy is materially modified, a one-hour 
        patient treatment education session described in subparagraph 
        (A), including updated information on the matters described in 
        such subparagraph should the individual's oncologic health care 
        professional deem it appropriate and necessary.
    ``(2) In establishing standards to carry out paragraph (1), the 
Secretary shall consult with appropriate organizations representing 
providers of oncology patient treatment education services and 
organizations representing people with cancer.''.
    (b) Payment.--Section 1833(a)(1) of such Act (42 U.S.C. 
1395l(a)(1)) is amended--
            (1) by striking ``and'' before ``(Z)''; and
            (2) by inserting before the semicolon at the end the 
        following: ``, and (AA) with respect to comprehensive cancer 
        patient treatment education services (as defined in section 
        1861(iii)(1)), 150 percent of the payment rate established 
        under section 1848 for diabetes outpatient self-management 
        training services (as defined in section 1861(qq)), determined 
        and applied without regard to any coinsurance''.
    (c) Coverage.--Section 1862(a)(1) of such Act (42 U.S.C. 
1395y(a)(1)) is amended--
            (1) in subparagraph (O), by striking ``and'' at the end;
            (2) in subparagraph (P), by striking the semicolon at the 
        end and inserting ``, and''; and
            (3) by adding at the end the following new subparagraph:
            ``(Q) in the case of comprehensive cancer patient treatment 
        education services (as defined in subsection (iii)(1)) which 
        are performed more frequently than is covered under such 
        section;''.
    (d) No Impact on Payment for Other Services.--Nothing in this 
section shall be construed to affect or otherwise authorize any 
reduction or modification, in the Medicare payment amounts otherwise 
established for chemotherapy infusion or injection codes with respect 
to the calculation and payment of minutes for chemotherapy teaching or 
related services.
    (e) Effective Date.--The amendments made by this section shall 
apply to services furnished on or after the first day of the first 
calendar year that begins after the date of the enactment of this Act.

      TITLE II--RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT

SEC. 201. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) many people with cancer experience side effects, 
        symptoms, and late side effects associated with their disease 
        and their treatment, and such effects can have a serious 
        adverse impact on the effectiveness of their treatment, their 
        health, well-being, and quality of life;
            (2) with the number of cancer survivors continuing to grow, 
        addressing the effects of their symptoms and side effects is 
        becoming increasingly critical in reducing the burden of cancer 
        and its treatments;
            (3) although research is producing new insights into the 
        causes of and cures for cancer, efforts to manage the symptoms 
        and side effects of the disease and its treatments have not 
        kept pace; and
            (4) the National Institutes of Health should continue to 
        support research in the area of symptom management and the role 
        that nurses play in providing those interventions.

SEC. 202. NIH RESEARCH ON CANCER SYMPTOM MANAGEMENT IMPROVEMENT.

    (a) In General.--The Director of the National Institutes of Health 
shall expand, intensify, and coordinate programs for the conduct and 
support of research with respect to--
            (1) improving the treatment and management of symptoms and 
        side effects associated with cancer and cancer treatment; and
            (2) evaluating the role of nursing interventions in the 
        amelioration of such symptoms and side effects.
    (b) Administration.--The Director of the National Institutes of 
Health is encouraged to carry out this section through the Director of 
the National Cancer Institute, in collaboration with at least the 
directors of the National Institute of Nursing Research, the National 
Institute of Neurological Disorders and Stroke, the National Institute 
of Mental Health, the National Center on Minority Health and Health 
Disparities, the National Center for Complementary and Alternative 
Medicine, and the Agency for Healthcare Research and Quality.

A:
Improving Cancer Treatment Education Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act to extend Medicare coverage to comprehensive cancer patient treatment education services, including a one-hour patient treatment education session delivered, in advance of treatment, by a registered nurse to an individual diagnosed with cancer (or whose course of treatment has been materially modified). Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate research programs to: (1) improve the treatment and management of symptoms and side effects associated with cancer and cancer treatment, and (2) evaluate the role of nursing interventions in the amelioration of such symptoms and side effects.
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