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 ``Protecting Student Athletes From 
Concussions Act of 2017''.

SEC. 2. MINIMUM STATE REQUIREMENTS.

    Part F of title VIII of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7881 et seq.) is amended by adding at the end the 
following:

  ``Subpart 6--State Requirements for the Prevention and Treatment of 
                              Concussions

``SEC. 8581. MINIMUM STATE REQUIREMENTS.

    ``(a) In General.--Beginning fiscal year 2019, as a condition of 
receiving funds under this Act for a fiscal year, a State shall, not 
later than July 1 of the preceding fiscal year, certify to the 
Secretary in accordance with subsection (b) that the State has in 
effect and is enforcing a law or regulation that, at a minimum, 
establishes the following requirements:
            ``(1) Local educational agency concussion safety and 
        management plan.--Each local educational agency in the State 
        (including each charter school that is considered a local 
        educational agency under State law), in consultation with 
        members of the community in which the local educational agency 
        is located, shall develop and implement a standard plan for 
        concussion safety and management for public schools served by 
        the local educational agency that includes--
                    ``(A) the education of students, parents, and 
                school personnel about concussions, including--
                            ``(i) the training of school personnel on 
                        evidence-based concussion safety and 
                        management, including on prevention, 
                        recognition, risk, academic consequences, and 
                        response for both initial and any subsequent 
                        concussions; and
                            ``(ii) using, maintaining, and 
                        disseminating to students and parents release 
                        forms, treatment plans, observation, 
                        monitoring, and reporting forms, recordkeeping 
                        forms, and post-injury and prevention fact 
                        sheets about concussions;
                    ``(B) supports for each student recovering from a 
                concussion, including--
                            ``(i) guiding the student in resuming 
                        participation in school-sponsored athletic 
                        activities and academic activities with the 
                        help of a multidisciplinary concussion 
                        management team, which shall include--
                                    ``(I) a health care professional, 
                                the parents of such student, and other 
                                relevant school personnel; and
                                    ``(II) an individual who is 
                                assigned by the public school in which 
                                the student is enrolled to oversee and 
                                manage the recovery of the student;
                            ``(ii) providing appropriate academic 
                        accommodations aimed at progressively 
                        reintroducing cognitive demands on such a 
                        student; and
                            ``(iii) if the student's symptoms of 
                        concussion persist for a substantial period of 
                        time--
                                    ``(I) evaluating the student in 
                                accordance with section 614 of the 
                                Individuals with Disabilities Education 
                                Act (20 U.S.C. 1414) to determine 
                                whether the student is eligible for 
                                services under part B of such Act (20 
                                U.S.C. 1411 et seq.); or
                                    ``(II) evaluating whether the 
                                student is eligible for services under 
                                section 504 of the Rehabilitation Act 
                                of 1973 (29 U.S.C. 794); and
                    ``(C) best practices designed to ensure, with 
                respect to concussions, the uniformity of safety 
                standards, treatment, and management, including--
                            ``(i) disseminating information on 
                        concussion safety and management to the public; 
                        and
                            ``(ii) applying best practice and uniform 
                        standards for concussion safety and management 
                        to all students enrolled in the public schools 
                        served by the local educational agency.
            ``(2) Posting of information on concussions.--Each public 
        school in the State shall post on school grounds, in a manner 
        that is visible to students and school personnel, and make 
        publicly available on the school website, information on 
        concussions that--
                    ``(A) is based on peer-reviewed scientific evidence 
                or consensus (such as information made available by the 
                Centers for Disease Control and Prevention);
                    ``(B) shall include--
                            ``(i) the risks posed by sustaining a 
                        concussion or multiple concussions;
                            ``(ii) the actions a student should take in 
                        response to sustaining a concussion, including 
                        the notification of school personnel; and
                            ``(iii) the signs and symptoms of a 
                        concussion; and
                    ``(C) may include--
                            ``(i) the definition of a concussion under 
                        section 8582(1);
                            ``(ii) the means available to the student 
                        to reduce the incidence or recurrence of a 
                        concussion; and
                            ``(iii) the effects of a concussion on 
                        academic learning and performance.
            ``(3) Response to a concussion.--If any school personnel of 
        a public school in the State suspect that a student has 
        sustained a concussion during a school-sponsored athletic 
        activity or other school-sponsored activity--
                    ``(A) the student shall be--
                            ``(i) immediately removed from 
                        participation in such activity; and
                            ``(ii) prohibited from resuming 
                        participation in school-sponsored athletic 
                        activities--
                                    ``(I) on the day the student 
                                sustained the concussion; and
                                    ``(II) until the day the student is 
                                capable of resuming such participation, 
                                according to the student's written 
                                release, as described in paragraph (4);
                    ``(B) the school personnel shall report to the 
                concussion management team--
                            ``(i) that the student may have sustained a 
                        concussion; and
                            ``(ii) all available information with 
                        respect to the student's injury; and
                    ``(C) the concussion management team shall confirm 
                and report to the parents of the student--
                            ``(i) the type of injury, and the date and 
                        time of the injury, suffered by the student; 
                        and
                            ``(ii) any actions that have been taken to 
                        treat the student.
            ``(4) Return to athletics.--If a student enrolled in a 
        public school in the State sustains a concussion, before the 
        student resumes participation in school-sponsored athletic 
        activities, the relevant school personnel shall receive a 
        written release from a health care professional, that--
                    ``(A) may require the student to follow a plan 
                designed to aid the student in recovering and resuming 
                participation in such activities in a manner that--
                            ``(i) is coordinated, as appropriate, with 
                        periods of cognitive and physical rest while 
                        symptoms of a concussion persist; and
                            ``(ii) reintroduces cognitive and physical 
                        demands on the student on a progressive basis 
                        so long as such increases in exertion do not 
                        cause the reemergence or worsening of symptoms 
                        of a concussion; and
                    ``(B) states that the student is capable of 
                resuming participation in such activities once the 
                student is asymptomatic.
            ``(5) Return to academics.--If a student enrolled in a 
        public school in the State has sustained a concussion, the 
        concussion management team (as described under paragraph 
        (1)(B)(i)) of the school shall consult with and make 
        recommendations to relevant school personnel and the student to 
        ensure that the student is receiving the appropriate academic 
        supports, including--
                    ``(A) providing for periods of cognitive rest over 
                the course of the school day;
                    ``(B) providing modified academic assignments;
                    ``(C) allowing for gradual reintroduction to 
                cognitive demands; and
                    ``(D) other appropriate academic accommodations or 
                adjustments.
    ``(b) Certification Requirement.--The certification required under 
subsection (a) shall be in writing and include a description of the law 
or regulation that meets the requirements of subsection (a).

``SEC. 8582. DEFINITIONS.

    ``In this subpart:
            ``(1) Concussion.--The term `concussion' means a type of 
        mild traumatic brain injury that--
                    ``(A) is caused by a blow, jolt, or motion to the 
                head or body that causes the brain to move rapidly in 
                the skull;
                    ``(B) disrupts normal brain functioning and alters 
                the physiological state of the individual, causing the 
                individual to experience--
                            ``(i) any period of observed or self-
                        reported--
                                    ``(I) transient confusion, 
                                disorientation, or altered 
                                consciousness;
                                    ``(II) dysfunction of memory around 
                                the time of injury; or
                                    ``(III) disruptions in gait or 
                                balance; and
                            ``(ii) symptoms that may include--
                                    ``(I) physical symptoms, such as 
                                headache, fatigue, or dizziness;
                                    ``(II) cognitive symptoms, such as 
                                memory disturbance or slowed thinking;
                                    ``(III) emotional symptoms, such as 
                                irritability or sadness; or
                                    ``(IV) difficulty sleeping; and
                    ``(C) occurs--
                            ``(i) with or without the loss of 
                        consciousness; and
                            ``(ii) during participation--
                                    ``(I) in a school-sponsored 
                                athletic activity; or
                                    ``(II) in any other activity 
                                without regard to whether the activity 
                                takes place on school property or 
                                during the school day.
            ``(2) Health care professional.--The term `health care 
        professional' means a physician (including a medical doctor or 
        doctor of osteopathic medicine), nurse, athletic trainer, 
        physical therapist, neuropsychologist, or other qualified 
        individual--
                    ``(A) who is registered, licensed, certified, or 
                otherwise statutorily recognized by the State to 
                provide medical treatment; and
                    ``(B) whose scope of practice and experience 
                includes the diagnosis and management of traumatic 
                brain injury among a pediatric population.
            ``(3) Public school.--The term `public school' means a 
        public elementary school or public secondary school.
            ``(4) School personnel.--The term `school personnel' 
        includes teachers, principals, administrators, counselors, 
        social workers, psychologists, nurses, librarians, coaches and 
        athletic trainers, and other support staff who are employed by 
        a school or who perform services for the school on a 
        contractual basis.
            ``(5) School-sponsored athletic activity.--The term 
        `school-sponsored athletic activity' means--
                    ``(A) any physical education class or program of a 
                public school;
                    ``(B) any athletic activity authorized by a public 
                school that takes place during the school day on the 
                school's property;
                    ``(C) any activity of an extra-curricular sports 
                team, club, or league organized by a public school; and
                    ``(D) any recess activity of a public school.''.

SEC. 3. CONFORMING AMENDMENTS.

    The table of contents in section 2 of the Elementary and Secondary 
Education Act of 1965 is amended by inserting after the item relating 
to section 8574 the following:

  ``subpart 6--state requirements for the prevention and treatment of 
                              concussions

``Sec. 8581. Minimum State requirements.
``Sec. 8582. Definitions.''.
[A]: Protecting Student Athletes from Concussions Act of 2017 This bill amends the Elementary and Secondary Education Act of 1965 (ESEA) to condition each state's receipt of ESEA funds, beginning in FY2019, on the state's enforcement of specified&nbsp;minimum requirements for the prevention and treatment of concussions. Each local educational agency must develop and implement a standard plan for concussion safety and management that includes: (1) the education of students, parents, and school personnel about concussions; (2) specified supports for each student recovering from a concussion; and (3) best practices designed to ensure the uniformity of safety standards, treatment, and management.  Each public school must post on school grounds and&nbsp;publish on the school website specified information&nbsp;about concussions.  If any public school personnel suspects that a student has sustained a concussion during a school-sponsored activity, the student must be immediately removed from participation in that activity and prohibited from participating in any school-sponsored athletic activities until the student submits a written release from a health care professional. Furthermore, the school personnel must&nbsp;report all available information regarding the injury to a concussion management team that will confirm and report&nbsp;details of the injury&nbsp;to the student's parents. The school's concussion management team shall consult with and make recommendations to relevant school personnel and the student to ensure that the student is receiving the appropriate academic supports. 


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Saffron Revolution Support Act of 
2007''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Beginning on August 19, 2007, hundreds of thousands of 
        citizens of Burma, including thousands of Buddhist monks and 
        students, participated in peaceful demonstrations against 
        rapidly deteriorating living conditions and the violent and 
        repressive policies of the State Peace and Development Council 
        (SPDC), the ruling military junta in Burma, to--
                    (A) demand the release of all political prisoners, 
                including Nobel Peace Prize laureate Aung San Suu Kyi; 
                and
                    (B) urge the SPDC to engage in meaningful dialogue 
                to pursue national reconciliation.
            (2) The SPDC, in a display of brutal barbarism, violently 
        confronted unarmed demonstrators, killing, injuring, and 
        imprisoning citizens, including several thousand Buddhist 
        monks, and continued to forcefully restrict peaceful forms of 
        public expression.
            (3) The Department of State's 2006 Reports on Human Rights 
        Practices found that the SPDC--
                    (A) routinely restricts freedoms of speech, press, 
                assembly, association, religion, and movement;
                    (B) traffics in persons;
                    (C) discriminates against women and ethnic 
                minorities;
                    (D) forcibly recruits child soldiers and child 
                labor; and
                    (E) commits other serious violations of human 
                rights, including extrajudicial killings, custodial 
                deaths, disappearances, rape, torture, abuse of 
                prisoners and detainees, and the imprisonment of 
                citizens arbitrarily for political motives.
            (4) Aung San Suu Kyi has been arbitrarily imprisoned or 
        held under house arrest for more than 12 years.
            (5) The President announced on September 25, 2007, that the 
        United States would tighten economic sanctions against Burma, 
        and block property and interests in property of certain senior 
        leaders of the SPDC, individuals who provide financial backing 
        for the SPDC, and individuals responsible for violations of 
        human rights and for impeding the transition to democracy in 
        Burma.
            (6) The President also announced on September 25, 2007, 
        that the United States would impose an expanded visa ban on 
        individuals--
                    (A) responsible for violations of human rights; and
                    (B) who aid, abet, or benefit from the SPDC's 
                efforts to impede the efforts of the people of Burma to 
                transition to democracy and ensure respect for human 
                dignity.
            (7) The Total Oil Corporation of France and the Chevron 
        Corporation of the United States own a significant stake in 
        Burma's Yadana natural gas field and pipeline and generate 
        millions of dollars in revenue that help the repressive junta 
        government maintain its grasp on power.
            (8) Burma is home to approximately 60 percent of the 
        world's native teak reserves. More than one quarter of the 
        world's internationally traded teak originates from Burma, and 
        hardwood sales, mainly of teak, represent more than 11 percent 
        of Burma's official foreign exchange earnings.
            (9) Burma officially exports tens of millions of dollars 
        worth of rubies, sapphires, pearls, jade, and other precious 
        stones each year and the SPDC owns a majority stake in all 
        mining operations within the borders of Burma.
            (10) On October 11, 2007, the United Nations Security 
        Council, with the consent of China, issued a statement 
        condemning the violence in Burma, urging the release of all 
        political prisoners, and calling on the SPDC to enter into a 
        United Nations-mediated dialogue with its political opposition.
            (11) The leaders of the SPDC will have a greater incentive 
        to cooperate with diplomatic efforts by the United Nations, the 
        Association of Southeast Asian Nations, and China if they come 
        under targeted economic pressure that denies them access to 
        personal wealth and sources of revenue.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Account; correspondent account; payable-through 
        account.--The terms ``account'', ``correspondent account'', and 
        ``payable-through account'' have the meanings given the terms 
        in section 5318A(e)(1) of title 31, United States Code.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on Foreign 
        Affairs of the House of Representatives.
            (3) Person.--The term ``person'' means--
                    (A) an individual, corporation, company, business 
                association, partnership, society, trust, any other 
                nongovernmental entity, organization, or group; and
                    (B) any successor, subunit, or subsidiary of any 
                person described in subparagraph (A).
            (4) SPDC.--The term ``SPDC'' means the State Peace and 
        Development Council.
            (5) United states person.--The term ``United States 
        person'' means--
                    (A) an individual who is a citizen of the United 
                States or who owes permanent allegiance to the United 
                States; and
                    (B) a person that is organized under the laws of 
                the United States, any State or territory thereof, or 
                the District of Columbia, if individuals described in 
                subparagraph (A) own, directly or indirectly, more than 
                50 percent of the outstanding capital stock or other 
                beneficial interest in such entity.

SEC. 4. STATEMENT OF POLICY.

    It is the policy of the United States to--
            (1) condemn the continued repression carried out by the 
        SPDC;
            (2) support the legitimate democratic aspirations of the 
        people of Burma;
            (3) provide all appropriate support and assistance to aid a 
        transition to democracy in Burma; and
            (4) hold accountable individuals responsible for the 
        repression of peaceful political activity in Burma.

SEC. 5. SANCTIONS.

    (a) List of Officials of the SPDC.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the President shall submit to the 
        appropriate congressional committees a list of--
                    (A) officials of the SPDC who play or have played a 
                direct and substantial role in the repression of 
                peaceful political activity in Burma or in the 
                commission of other human rights abuses, including any 
                current or former officials of the security services 
                and judicial institutions of the SPDC; and
                    (B) any other Burmese persons who provide 
                substantial economic and political support for the 
                SPDC.
            (2) Updates.--The President shall regularly update and 
        submit the list required by paragraph (1).
    (b) Sanctions.--
            (1) Visa ban.--A person included on the list required under 
        subsection (a) shall be ineligible for a visa to enter the 
        United States.
            (2) Financial sanctions.--
                    (A) Blocked property.--No property or interest in 
                property belonging to a person described in 
                subparagraph (C) may be transferred, paid, exported, 
                withdrawn, or otherwise dealt with, if--
                            (i) the property is located in the United 
                        States or within the possession or control of a 
                        United States person, including the overseas 
                        branch of a United States person; or
                            (ii) after the date of the enactment of 
                        this Act, the property comes within the 
                        possession or control of a United States 
                        person.
                    (B) Financial transactions.--No United States 
                person may engage in a financial transaction with a 
                person described in subparagraph (C).
                    (C) Person described.--A person described in this 
                subparagraph is one of the following:
                            (i) The SPDC.
                            (ii) A person included on the list required 
                        under subsection (a).
                            (iii) An immediate family member of a 
                        person included on the list required under 
                        subsection (a), if the President determines 
                        that the person included on the list--
                                    (I) for purposes of subparagraph 
                                (A), effectively controls the property; 
                                or
                                    (II) for purposes of subparagraph 
                                (B), would benefit from a financial 
                                transaction.
    (c) Authority for Additional Banking Sanctions.--
            (1) In general.--The Secretary of the Treasury may, in 
        consultation with the Secretary of State, the Attorney General 
        of the United States, and the Chairman of the Board of 
        Governors of the Federal Reserve System, prohibit or impose 
        conditions on the opening or maintaining in the United States 
        of a correspondent account or payable-through account by any 
        financial institution (as that term is defined in section 5312 
        of title 31, United States Code) or financial agency that is 
        organized under the laws of a State, territory, or possession 
        of the United States, for or on behalf of a foreign banking 
        institution, if the Secretary determines that the account might 
        be used--
                    (A) by a foreign banking institution that holds 
                property or an interest in property belonging to a 
                person on the list required under subsection (a); or
                    (B) to conduct a transaction on behalf of a person 
                on the list required under subsection (a).
            (2) Authority to define terms.--The Secretary of the 
        Treasury may, by regulation, further define the terms used in 
        paragraph (1) for purposes of this section, as the Secretary 
        deems appropriate.
    (d) Termination of Sanctions.--The sanctions imposed under 
subsection (b) or (c) shall apply until the President determines and 
certifies to the appropriate congressional committees that the SPDC 
has--
            (1) unconditionally released all political prisoners, 
        including Aung San Suu Kyi and other members of the National 
        League for Democracy;
            (2) entered into a substantive dialogue with democratic 
        forces led by the National League for Democracy and the ethnic 
        minorities of Burma on transitioning to democratic government 
        under the rule of law; and
            (3) allowed humanitarian access to populations affected by 
        armed conflict in all regions of Burma.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 6. PROHIBITION ON IMPORTATION OF BURMESE GEMS, HARDWOODS, AND 
              OTHER ITEMS.

    Section 3(a)(1) of the Burmese Freedom and Democracy Act of 2003 
(50 U.S.C. 1701 note) is amended by striking ``a product of Burma.'' 
and inserting ``produced, mined, manufactured, grown, or assembled in 
Burma, including--
                    ``(A) any gemstone or rough unfinished geological 
                material mined or extracted from Burma, whether 
                imported as a loose item or as a component of a 
                finished piece of jewelry; and
                    ``(B) any teak or other hardwood timber, regardless 
                of the country in which such hardwood timber is milled, 
                sawn, or otherwise processed, whether imported in 
                unprocessed form or as a part or component of finished 
                furniture or another wood item.''.

SEC. 7. PROHIBITION ON INVESTMENT BY UNITED STATES PERSONS IN BURMA.

    (a) In General.--Notwithstanding any other provision of law, no 
United States person may invest in Burma.
    (b) Applicability.--The prohibition on investment under subsection 
(a) includes a prohibition on--
            (1) investments in Burma based on investment agreements 
        reached prior to May 20, 1997;
            (2) approval or other facilitation by a United States 
        person of an investment by a foreign person if the investment 
        would violate the prohibition in subsection (a) if made by a 
        United States person; and
            (3) payments to the SPDC by a United States person related 
        to divesting assets in Burma to comply with subsection (a).
    (c) Penalties.--The Secretary of the Treasury may impose a penalty 
under section 206 of the International Emergency Economic Powers Act 
(50 U.S.C. 1705) on a United States person that violates the 
prohibition under subsection (a).

SEC. 8. GRANTS TO ESTABLISH DATABASE OF HUMAN RIGHTS ABUSES.

    The Secretary of State may award grants to nongovernmental 
organizations, universities, and other organizations to establish a 
searchable Internet database that contains evidence of human rights 
abuses carried out by the SPDC or persons associated with the SPDC.

SEC. 9. SUPPORT FOR DEMOCRACY IN BURMA.

    (a) In General.--The President is authorized to use all available 
resources to assist Burmese democracy activists who are dedicated to 
nonviolent opposition to the SPDC in their efforts to promote freedom, 
democracy, and human rights in Burma.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $20,000,000 to the Secretary of State for each of the 
fiscal years 2008 and 2009 for the following purposes:
            (1) Aid to democracy activists in Burma.
            (2) Aid to individuals and groups conducting democracy 
        programming outside of Burma targeted at a transition to 
        democracy inside Burma.
            (3) The expansion of radio and television broadcasting into 
        Burma.
            (4) Support for individuals and groups compiling evidence 
        of--
                    (A) the SPDC's efforts to repress peaceful 
                political activity; and
                    (B) the commission of other human rights abuses by 
                the SPDC.

SEC. 10. SENSE OF CONGRESS ON USE OF INTELLIGENCE ASSETS.

    It is the sense of Congress that the Director of National 
Intelligence should utilize appropriate intelligence resources to 
identify persons responsible for--
            (1) the crackdown sponsored by the SPDC against peaceful 
        protestors that began August 19, 2007; and
            (2) ongoing gross abuses of human rights against civilians 
        in Burma.

SEC. 11. REPORT ON MILITARY AID TO BURMA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
appropriate congressional committees a report containing a list of 
countries that provide military aid to Burma and describing the 
military aid provided by each such country.
    (b) Military Aid Defined.--For the purposes of this section, the 
term ``military aid'' includes--
            (1) the provision of weapons, military vehicles, and 
        military aircraft;
            (2) the provision of military training; and
            (3) conducting joint military exercises.
    (c) Form.--The report required by subsection (a) shall be submitted 
in unclassified form but may include a classified annex.
[A]: Saffron Revolution Support Act of 2007 - States that it is U.S. policy to: (1) support the democratic aspirations of Burma's people; (2) condemn the repression carried out by the State Peace and Development Council (SPDC); and (3) hold accountable individuals responsible for the repression of peaceful political activity in Burma.

Directs the President to submit to the appropriate congressional committees a list of: (1) SPDC officials who play or have played a substantial role in political repression in Burma or in the commission of human rights abuses; and (2) other Burmese SPDC supporters.

Subjects persons so identified to U.S. entry prohibition and financial sanctions (blocked property, financial transaction prohibitions, and banking sanctions). Terminates such prohibitions upon a presidential certification to the committees that the SPDC has: (1) released all political prisoners, including Aung San Suu Kyi and other members of the National League for Democracy; (2) entered into a dialogue with democratic forces led by the National League for Democracy and the ethnic minorities of Burma on transitioning to democratic government; and (3) allowed humanitarian access to populations affected by armed conflict in all regions of Burma.

Amends the the Burmese Freedom and Democracy Act of 2003 to prohibit the importation into the United States of Burmese gems, teak, or other hardwood timber.

Prohibits any U.S. person (as defined by this Act) from investing in Burma.

Authorizes: (1) the Secretary of State to award grants to nongovernmental organizations, universities, and other organizations to establish an Internet database of SPDC human rights abuses; and (2) the President to assist nonviolent democracy activists in their efforts to promote freedom, democracy, and human rights in Burma.

Directs the Secretary to report to the appropriate committees respecting countries that provide military aid to Burma.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ambulatory Surgical Center Access 
Act of 2009''.

SEC. 2. MEDICARE PAYMENT FOR AMBULATORY SURGICAL CENTER SERVICES.

    (a) In General.--Section 1833(i) of the Social Security Act (42 
U.S.C. 1395l(i)) is amended by striking paragraphs (2) through (6) and 
inserting the following:
    ``(2)(A) Subject to subparagraphs (B) and (C), the amount of 
payment to be made under this subsection for facility services 
furnished to an individual in an ambulatory surgical center in 
accordance with paragraph (1) shall be equal to 59 percent of the fee 
schedule amount determined under paragraph (3)(D) of subsection (t) for 
payment of the same service furnished in hospital outpatient 
departments, as adjusted under paragraphs (4)(A), (6), and (15) of such 
subsection, less a 20 percent beneficiary copayment, except that in no 
case shall the copayment amount for a procedure performed in a year 
exceed the amount of the inpatient hospital deductible established 
under section 1813(b) for that year.
    ``(B) For covered ambulatory surgical center services furnished 
during calendar year 2010, the amount of payment under this subsection 
shall be equal to the sum of--
            ``(i) 25 percent of the ambulatory surgical center payment 
        amount payable under this subsection in 2007; and
            ``(ii) 75 percent of the payment amount under subparagraph 
        (A) for 2010.
    ``(C)(i) Notwithstanding subparagraphs (A) and (B), if a facility 
service furnished to an individual in an ambulatory surgical center 
includes an implantable medical device, the amount of payment for that 
service shall be equal to the sum of--
            ``(I) 100 percent of the hospital OPD fee schedule amount 
        under subsection (t) that the Secretary determines is 
        associated with the device; and
            ``(II) 59 percent of non-device-related component of such 
        OPD fee schedule amount;
        less a 20 percent beneficiary copayment.
    ``(ii) For purposes of clause (i), the term `implantable medical 
device' means a device that--
            ``(I) is an integral and subordinate part of the service 
        furnished;
            ``(II) is used for one patient only;
            ``(III) comes in contact with human tissue; and
            ``(IV) is surgically implanted or inserted, whether or not 
        it remains with the patient when the patient is released from 
        the ambulatory surgical center.''.
    (b) Conforming Amendments.--
            (1) Section 1832(a)(2)(F)(i) of such Act (42 U.S.C. 
        1395k(a)(2)(F)(i)) is amended--
                    (A) by striking ``the standard overhead amount as 
                determined under section 1833(i)(2)(A)'' and inserting 
                ``the amount determined under section 1833(i)(2)''; and
                    (B) by striking all that follows ``as full payment 
                for such services'' and inserting ``, or''.
            (2) Section 1833(a)(1)(G) of such Act (42 U.S.C. 
        1395l(a)(1)(G)) is amended--
                    (A) by striking ``for services furnished 
                beginning'' and all that follows through ``subsection 
                (i)(2)(D),''; and
                    (B) by striking ``such revised payment system'' and 
                inserting ``subsection (i)(2)''.
            (3) Section 1833(a)(4) of such Act (42 U.S.C. 1395l(a)(4)) 
        is amended by striking ``or (3)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to ambulatory surgical center services furnished on or after 
January 1, 2010.

SEC. 3. QUALITY REPORTING AND COMPARISON.

    (a) In General.--Paragraph (7) of section 1833(i) of the Social 
Security Act (42 U.S.C. 1395l(i)) is amended--
            (1) by redesignating such paragraph as paragraph (3);
            (2) in subparagraph (A)--
                    (A) by striking ``For purposes of paragraph 
                (2)(D)(iv), the'' and inserting ``The'';
                    (B) by striking ``established under paragraph 
                (2)(D)'' and inserting ``described in paragraph (2)''; 
                and
                    (C) by adding at the end the following: ``Data 
                required to be submitted on measures selected under 
                this paragraph must be on measures that have been 
                selected by the Secretary after consideration of public 
                comments and that have consensus endorsement from 
                affected parties.'';
            (3) in subparagraph (B)--
                    (A) by striking ``Except as the Secretary may 
                otherwise provide, the'' and inserting ``The''; and
                    (B) by inserting before the period at the end the 
                following: ``, except that the form and manner of 
                reporting by ambulatory surgical centers shall include 
                the option of submitting data with claims for 
                payment''; and
            (4) by adding at the end the following new subparagraphs:
    ``(C) To the extent that quality measures implemented by the 
Secretary under this paragraph for ambulatory surgical centers and 
under section 1833(t)(17) for hospital outpatient departments are 
applicable to the provision of surgical services in both ambulatory 
surgical centers and hospital outpatient departments, the Secretary 
shall--
            ``(i) require that both ambulatory surgical centers and 
        hospital outpatient departments report data on such measures; 
        and
            ``(ii) make reported data available on the website 
        `Medicare.gov' in a manner that will permit side-by-side 
        comparisons on such measures for ambulatory surgical centers 
        and hospital outpatient departments in the same geographic 
        area.
    ``(D) For each procedure covered for payment in an ambulatory 
surgical center, the Secretary shall publish, along with the quality 
reporting comparisons provided for in subparagraph (C), comparisons of 
the Medicare payment and beneficiary copayment amounts for the 
procedure when performed in ambulatory surgical centers and hospital 
outpatient departments in the same geographic area.''.
    (b) MedPAC Study.--
            (1) In general.--The Medicare Payment Advisory Commission 
        shall conduct a study of outpatient surgical services covered 
        under section 1833 of the Social Security Act (42 U.S.C. 
        1395l). The study shall compare beneficiaries' use of different 
        settings across geographic areas, spending implications for the 
        Medicare program for such services when provided in different 
        settings, and out-of-pocket liability for beneficiaries for 
        such services when provided in different settings.
            (2) Report.--Not later than one year after the date of the 
        enactment of this Act, the Commission shall submit to Congress 
        a report on the findings of the study conducted under paragraph 
        (1). Where appropriate, such report shall include 
        recommendations on modifications in coverage and payment 
        policies under part B of title XVIII of the Social Security Act 
        needed to optimize the economical utilization of outpatient 
        surgical services.
    (c) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2010.

SEC. 4. APC PANEL REPRESENTATION.

    (a) ASC Representative.--The second sentence of section 
1833(t)(9)(A) of the Social Security Act (42 U.S.C. 1395l(t)(9)(A)) is 
amended by inserting ``and suppliers subject to the prospective payment 
system (including at least one ambulatory surgical center 
representative)'' after ``an appropriate selection of representatives 
of providers''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 5. ENSURING ACCESS TO SAME DAY SERVICES.

    The conditions for coverage of ambulatory surgical center services 
specified by the Secretary of Health and Human Services pursuant to 
section 1832(a)(2)(F)(i) of the Social Security Act (42 U.S.C. 
1395k(a)(2)(F)(i)) shall not prohibit ambulatory surgical centers from 
providing individuals with any notice of rights or other required 
notice on the date of a procedure if more advance notice is not 
feasible under the circumstances, including when a procedure is 
scheduled and performed on the same day.
[A]:
Ambulatory Surgical Center Access Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to revise the requirements and the formula for payments for services, including an implantable medical device, furnished to individuals in ambulatory surgical centers.

Revises requirements for the reporting of data by ambulatory surgical centers and hospital outpatient departments.

Directs the Medicare Payment Advisory Commission (MEDPAC) to study and report to Congress on outpatient surgical services.

Requires the expert outside advisory panel the Secretary of Health and Human Services is required to consult with respect to the clinical integrity of the groups and payment weights to include at least one ambulatory surgical center representative.

States that the conditions for coverage of ambulatory surgical center services specified by the Secretary shall not prohibit ambulatory surgical centers from providing individuals with any notice of rights or other required notice on the date of a procedure if more advanced notice is not feasible under the circumstances, including when a procedure is scheduled and performed on the same day.