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

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Housing Opportunities and Mitigating 
Emergencies Act of 2005''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Gulf Coast region of the United States was recently 
        decimated by twin natural disasters: Hurricanes Katrina and 
        Rita.
            (2) Hurricane Katrina crashed into the Gulf Coast on August 
        29, 2005, as a category 4 storm.
            (3) At the time of its landing, Hurricane Katrina was 
        recorded as the third strongest hurricane to ever make landfall 
        on the United States, with sustained winds over 140 miles per 
        hour.
            (4) The damage and destruction caused by Hurricane Katrina 
        along the coastal regions of Louisiana, Mississippi, and 
        Alabama were unmatched in their breadth and scope.
            (5) A 10- to 30-foot storm surge came ashore on over 200 
        continuous miles of coastline from southeast Louisiana, 
        including Mississippi and Alabama, through to the Florida 
        panhandle.
            (6) The 30-foot storm surge recorded at Biloxi, 
        Mississippi, is the highest ever observed in the United States.
            (7) Hurricane Katrina's storm surge quickly breached the 
        levee system that protected the city of New Orleans from Lake 
        Pontchartrain and the Mississippi River, subsequently flooding 
        at least 80 percent of the city.
            (8) The magnitude of Hurricane Katrina was of such an 
        unprecedented scale that the Federal disaster declarations 
        which followed its destructive path blanketed over 90,000 
        square miles of the United States, an area almost as large as 
        the United Kingdom, displacing more than 1,000,000 people--a 
        humanitarian crisis on a scale unseen in the United States 
        since the Great Depression.
            (9) The storm has now become the most destructive and 
        costliest natural disaster in the history of the United States, 
        resulting in over 1,300 deaths and estimated damage between 
        $70,000,000,000 and $130,000,000,000.
            (10) Less than one month later, on September 24, 2005, the 
        region was battered again, this time by the strongest-measured 
        hurricane to ever have entered the Gulf of Mexico--Hurricane 
        Rita.
            (11) Hurricane Rita came ashore between Texas and Louisiana 
        as a category 3 hurricane, packing winds up to 120 miles per 
        hour and a storm surge of 10 feet.
            (12) A day prior to landfall, the resultant storm surge 
        also reopened some of the levee breaches caused by Hurricane 
        Katrina a month earlier and re-flooded parts of New Orleans.
            (13) Local storm surges of 15 to 20 feet in southwestern 
        Louisiana were reported, and damage was extensive in coastal 
        parishes.
            (14) Thousands of residents and families in the effected 
        States, who lived outside the 100-year flood plain and were 
        told they did not need flood insurance, suffered significant 
        damage to their homes and in many cases total losses.
            (15) These families are currently without any type of 
        permanent shelter or any means by which to acquire such shelter 
        or otherwise make themselves whole, thus crippling the Gulf 
        Coast region and its economy.
            (16) Because of the unprecedented magnitude of the storm 
        and the impact that the devastation of such a large region will 
        have on the United States as a whole, the Federal Government 
        should play a role in providing emergency assistance to these 
        families to help them rebuild and get on with their lives.

SEC. 3. TEMPORARY EMERGENCY ASSISTANCE FOR PRIMARY RESIDENCES DAMAGED 
              OR DESTROYED BY HURRICANES KATRINA AND RITA.

    Title IV of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end 
the following:

``SEC. 425. TEMPORARY EMERGENCY ASSISTANCE FOR PRIMARY RESIDENCES 
              DAMAGED OR DESTROYED BY HURRICANES KATRINA AND RITA.

    ``(a) In General.--The Director shall provide emergency assistance 
to owners of eligible structures in accordance with this section.
    ``(b) Application.--The Director shall provide for owners of 
eligible structures to submit applications for assistance under this 
section in such form, containing such information, and in accordance 
with such procedures, as the Director may require.
    ``(c) Use of Funds; Scope of Coverage.--
            ``(1) In general.--The amount of any assistance under this 
        section provided to an owner of an eligible structure in a 
        covered disaster area of a State may be used only for paying--
                    ``(A) the costs of repair, reconstruction, or 
                replacement of such structure or construction or 
                purchase of any other structure (including a 
                manufactured home) to be used as the primary residence 
                of the owner in the covered disaster area of such 
                State; or
                    ``(B) the amount remaining to be paid by the owner 
                on the mortgage of the eligible structure.
            ``(2) Replacement cost.--
                    ``(A) In general.--Subject to subsection (d), the 
                amount of any assistance provided under this section 
                shall be based on the replacement cost necessary for 
                repair, reconstruction, or replacement of the eligible 
                structure to its original specifications and standards 
                prior to--
                            ``(i) August 29, 2005, in the case of a 
                        structure damaged by flooding resulting from 
                        Hurricane Katrina; or
                            ``(ii) September 23, 2005, in the case of a 
                        structure damaged by flooding resulting from 
                        Hurricane Rita.
                Such costs shall include adjustments as necessary for 
                compliance with the requirements of subsection 
                (e)(1)(B).
                    ``(B) Documentation.--An owner of an eligible 
                structure applying for assistance under paragraph (1) 
                shall submit to the Director documentation and such 
                other evidence (including a report completed by a 
                State-licensed, nationally-certified home inspector) as 
                the Director may require to establish the replacement 
                cost of the eligible structure under subparagraph (A).
    ``(d) Cost Sharing.--
            ``(1) Federal share.--Subject to subsection (f) and 
        paragraph (2), the Federal share of the cost of assistance 
        provided under this section for an eligible structure that the 
        Director shall pay to the owner of the eligible structure shall 
        be 80 percent of the replacement cost of the eligible structure 
        as determined under subsection (c)(2).
            ``(2) Maximum amount.--The maximum amount of assistance 
        that may be provided to an owner of an eligible structure under 
        this section for such structure may not exceed $150,000.
            ``(3) Optional state share.--If the owner of an eligible 
        structure in a State is provided assistance under this section, 
        the State may provide to the owner 10 percent of the 
        replacement cost of the eligible structure as determined under 
        subsection (c)(2), but not to exceed $15,000.
    ``(e) Requirements Regarding Future Flood Insurance Coverage and 
Mitigation Actions.--
            ``(1) In general.--The Director may not provide assistance 
        under this section for an eligible structure unless--
                    ``(A) the owner of the property upon which the 
                eligible structure is located has entered into a 
                legally binding agreement with the Director, including 
                such deed restrictions as the Director considers 
                appropriate, to ensure that such owner, and any future 
                owners, will at all times after such assistance is 
                provided under this section with respect to the 
                property, purchase and maintain flood insurance, in 
                perpetuity, for any structures located at any time on 
                the same property on which, at the time of purchase, 
                such eligible structure is located, in an amount at 
                least equal to the lesser of--
                            ``(i) the value of the structure, as 
                        determined by the Director; or
                            ``(ii) the maximum limit of coverage made 
                        available with respect to the particular type 
                        of property under the National Flood Insurance 
                        Program, if such coverage is available; and
                    ``(B) the owner of the property certifies to the 
                Director that any structure constructed, repaired, or 
                reconstructed with such assistance will be constructed, 
                repaired, or reconstructed in accordance with--
                            ``(i) standards established by the 
                        International Code Council in effect at the 
                        time the building permit is issued by the local 
                        government to the owner of the eligible 
                        structure; and
                            ``(ii) any final flood elevations or flood 
                        maps in effect for purposes of the National 
                        Flood Insurance Program at the time the 
                        building permit is issued by the local 
                        government to the owner of the eligible 
                        structure and any advisory flood elevations or 
                        advisory flood insurance rate maps issued by 
                        the Director for purposes of such program 
                        before such building permit is issued.
            ``(2) Waiver authority.--The Director may waive the 
        requirements of paragraph (1)(B) with respect to the repair of 
        an eligible structure if the Director determines that the cost 
        of compliance with such requirements by the owner in repairing 
        the eligible structure outweigh the benefit derived from such 
        compliance pursuant to a substantial damage analysis.
    ``(f)  Prohibition on Duplicative Benefits in Excess of Replacement 
Costs.--Notwithstanding section 312, the Director shall assure that no 
owner of an eligible structure will receive assistance under this 
section that, when combined with other financial assistance received by 
the owner under any program, including section 404 or 408, or from 
insurance or any other source for the purpose of repair, 
reconstruction, or replacement of the eligible structure, is in excess 
of the replacement cost of the eligible structure as determined under 
subsection (c)(2). Before receipt of any assistance for which an owner 
is eligible under this section for an eligible structure, the owner 
shall enter into a legally binding agreement with the Director to repay 
any and all of such assistance that is in excess of the replacement 
cost of the eligible structure as determined under subsection (c)(2).
    ``(g) Verification of Use of Funds and Compliance.--
            ``(1) Documentation; reports.--Within 6 months after the 
        date on which an owner of an eligible structure receives 
        assistance under this section, and every 6 months thereafter 
        until all such assistance is accounted for, the owner shall 
        submit to the Director--
                    ``(A) all receipts and documentation verifying the 
                use of such assistance for the purpose for which it was 
                provided; and
                    ``(B) reports completed by a State-licensed, 
                nationally-certified home inspector verifying 
                compliance by the owner with the requirements of 
                subsection (e)(1)(B) if such requirements are not 
                waived by the Director.
            ``(2) Enforcement.--The Director may suspend assistance 
        under this section, and take any additional action which the 
        Director deems appropriate, with respect to an owner of an 
        eligible structure if the Director determines that the owner is 
        not complying with paragraph (1).
    ``(h) Definitions.--In this section, the following definitions 
apply:
            ``(1) Covered disaster area.--The term `covered disaster 
        area' means an area--
                    ``(A) for which a major disaster was declared by 
                the Director pursuant to title IV of the Robert T. 
                Stafford Disaster Relief and Emergency Assistance Act 
                as a result of Hurricane Katrina or Hurricane Rita in 
                2005; and
                    ``(B) in which the sale of flood insurance coverage 
                was available under the National Flood Insurance Act of 
                1968 (42 U.S.C. 4001 et seq.) as of--
                            ``(i) August 29, 2005, in the case of an 
                        area for which a declaration referred to in 
                        subparagraph (A) was made as a result of 
                        Hurricane Katrina; or
                            ``(ii) September 23, 2005, in the case of 
                        an area for which a declaration referred to in 
                        subparagraph (A) was made as a result of 
                        Hurricane Rita.
            ``(2) Eligible structure.--The term `eligible structure' 
        means a structure (including a manufactured home) that--
                    ``(A) sustained damage or losses from flooding 
                resulting from Hurricane Katrina or Hurricane Rita in 
                2005;
                    ``(B) is located in a covered disaster area;
                    ``(C) is a residential structure that was used as 
                the primary residence of the owner of the structure as 
                of--
                            ``(i) August 29, 2005, in the case of a 
                        structure damaged by flooding resulting from 
                        Hurricane Katrina; and
                            ``(ii) September 23, 2005, in the case of a 
                        structure damaged by flooding resulting from 
                        Hurricane Rita;
                    ``(D) was covered by an insurance policy for losses 
                caused by wind or windstorm as of--
                            ``(i) August 29, 2005, in the case of a 
                        structure damaged by flooding resulting from 
                        Hurricane Katrina; and
                            ``(ii) September 23, 2005, in the case of a 
                        structure damaged by flooding resulting from 
                        Hurricane Rita;
                    ``(E) is of a type for which coverage was generally 
                made available under the National Flood Insurance 
                Program as of August 29, 2005; and
                    ``(F) is not located in an area that has been 
                identified by the Director as an area having special 
                flood hazards (as such term is used for purposes of 
                section 102 of the Flood Disaster Protection Act of 
                1973 (42 U.S.C. 4012a)) as of August 29, 2005.
            ``(3) Director.--The term `Director' means the Director of 
        the Federal Emergency Management Agency.
    ``(i) Termination.--The Director may not provide any assistance 
under this section except pursuant to an application for such 
assistance submitted to the Director before the expiration of the 180-
day period beginning on the date of the enactment of this section.
    ``(j) Regulations.--The Director may issue any regulations 
necessary to carry out this section.''.

SEC. 4. HAZARD MITIGATION.

    (a) In General.--Section 404(a) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended--
            (1) in the first sentence by striking ``75'' and inserting 
        ``90''; and
            (2) in the last sentence by striking ``7.5'' and inserting 
        ``15''.
    (b) Property Acquisition and Relocation Assistance.--Section 404(b) 
of such Act (42 U.S.C. 5170c(b)) is amended by adding at the end the 
following:
            ``(4) Reduction.--The amount of any assistance that would 
        otherwise be provided to an owner of an eligible structure 
        under section 425(c)(1)(B) shall be reduced by the amount of 
        assistance the owner receives for such structure under such 
        section.''.
    (c) Applicability.--The amendments made by subsections (a) and (b) 
shall apply with respect to a major disaster declared by the President 
on or after August 24, 2005.
[EX A]: Housing Opportunities and Mitigating Emergencies Act of 2005 - Amernds the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require the Director of the Federal Emergency Management Agency (FEMA) to provide temporary emergency assistance for primary residences damaged or destroyed by Hurricanes Katrina and Rita.

Increases from 75% to 90% the amount the President may contribute toward the cost of cost-effective hazard mitigation measures which substantially reduce the risk of future damage, hardship, loss, or suffering in any area affected by a major disaster. Doubles from 7.5% to 15% of the estimated aggregate federal disaster relief grants to an area the limit on the total amount of such presidential contributions.

[EX Q]: SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

    The 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) can also typically 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 people with MS are diagnosed between the ages of 20 and 50 
        years of age. MS is a leading cause of disability in young 
        adults. Persons 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 unpaid caregivers who are generally family members.
            (3) Parkinson's disease is a chronic, progressive 
        neurological disease. The four 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. Other 
        symptoms may include cognitive changes; difficulty in 
        swallowing, chewing, and speaking; urinary problems or 
        constipation; skin problems; and sleep disruptions. As these 
        symptoms become more pronounced, patients may have difficulty 
        walking, talking, or completing other simple tasks. It is 
        estimated that nearly 500,000 to 1,500,000 people live with 
        Parkinson's and of those 5 to 10 percent are diagnosed younger 
        than 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 1,700,000 TBIs occur annually, 
        resulting in disabilities affecting up to 90,000 people among a 
        broad range of age groups. Traumatic brain injury is also a 
        serious issue that affects military servicemembers. Estimates 
        in prior military conflicts indicate that TBI was present in 
        14-20 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 $470,000,000,000 in ``free'' services annually. The 
        supply of family caregivers is unlikely to keep pace with 
        future demand. The caregiver support ratio of potential 
        caregivers aged 45 to 64 for each person aged 80 and older, for 
        instance, is 7 to 1 in 2010, 4 to 1 in 2030, and 3 to 1 in 
        2050.
            (6) The majority of family caregivers (or 53 percent) are 
        caring for someone ages 18 to 74. Forty-seven percent of family 
        caregivers are caring for someone 75 or older.
            (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, people with disabilities, and 
        younger adults with chronic diseases.
            (8) Adult day programs geared toward people 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 people living with these 
        conditions and their family caregivers. 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. Although young 
        people living with neurological diseases or conditions may be 
        able to access 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 
        including young adults living with neurological diseases or 
        conditions such as multiple sclerosis, Parkinson's disease, 
        traumatic brain injury, or any 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) identify which adult day programs are serving 
                young adults living with neurological diseases or 
                conditions;
                    (C) 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 to individuals 
                        with neurological diseases or conditions 
                        including young adults (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
                    (D) evaluate the extent to which the Administration 
                for Community Living 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 produce 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 for 
        Community Living 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 serving younger people with neurological diseases or 
        conditions.
            (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 younger 
                people living with neurological diseases or conditions 
                such as multiple sclerosis, Parkinson's disease, 
                traumatic brain injury, or other similar diseases or 
                conditions, including their functional abilities 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 
                neurological diseases or conditions such as multiple 
                sclerosis, Parkinson's disease, traumatic brain injury, 
                or other similar diseases or conditions.
                    (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 should 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 produce 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 younger 
                        individuals living with neurological diseases 
                        or conditions such as multiple sclerosis, 
                        Parkinson's disease, traumatic brain injury, or 
                        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 their 
        family caregivers and that may assist participants in ways 
        that--
                    (A) maintain or improve their functional abilities, 
                or otherwise help them adjust to their 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 diseases or 
                conditions;
                    (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 
                diseases or conditions.
            (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.--To carry out this section, in 
addition to amounts otherwise made available for such purpose, there 
are authorized to be appropriated, and to remain available until 
expended, the following:
            (1) $1,000,000 for fiscal year 2017.
            (2) $3,000,000 for fiscal year 2018.
            (3) $6,000,000 for fiscal year 2019.
            (4) $8,000,000 for fiscal year 2020.
            (5) $10,000,000 for fiscal year 2021.
[EX A]: Adult Day Center Enhancement Act This bill requires the Administration on Aging (AOA) to initiate a comprehensive survey of current adult day programs that provide care and support to individuals with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, or traumatic brain injury. The AOA must identify ongoing successful adult day programs and which of these serve young adults with neurological conditions and develop best practices to guide the establishment of additional successful adult day programs. The AOA must award grants for adult day programs that serve younger people with neurological conditions. An &quot;adult day program&quot; is defined as a program that provides comprehensive care and support services to individuals with neurological conditions and to their family caregivers and that may assist participants in ways that:  maintain or improve their functional abilities or otherwise help them adjust to their changing functional abilities; prevent the onset of complications associated with severe forms of the condition; promote alternatives to placement in nursing homes; reduce the strain on family caregivers of individuals with neurological conditions; focus on supporting the emotional, social, and intellectual needs of a younger adult population; or address the needs of veterans with neurological conditions. 

[EX Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Asset Forfeiture Fund Reform and 
Distribution Act of 2011''.

SEC. 2. ASSET FORFEITURE FUND REFORM.

    (a) In General.--Section 311(e) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1861(e)) is amended--
            (1) by striking ``(1) Notwithstanding'' and inserting 
        ``(1)(A) Notwithstanding''; and
            (2) in paragraph (1)--
                    (A) by striking ``may pay from'' and inserting 
                ``shall use each of the''; and
                    (B) by striking ``(16 U.S.C. 3371 et seq.)--'' and 
                all that follows through the end of the paragraph and 
                inserting the following: ``(16 U.S.C. 3371 et seq.), to 
                make a payment, in the amount of the sum received--
            ``(i) if the violation occurred in a State, to such State;
            ``(ii) if the violation did not occur in a State, to the 
        State in which the vessel involved in the violation is 
        homeported; or
            ``(iii) if the violation did not occur in a State and did 
        not involve a vessel, to the State which is most directly 
        affected by the violation.
    ``(B) Amounts paid to a State under subparagraph (A) shall be used 
for research and monitoring activities as determined appropriate by the 
head of the agency of the State that is responsible for management of 
marine fisheries. Such activities may include--
            ``(i) fishery research and independent stock assessments, 
        including cooperative research;
            ``(ii) socioeconomic assessments, including socioeconomic 
        conditions of fishing communities;
            ``(iii) data collection, including creation of an 
        information system that will enable timely audit and 
        transmission of data for utilization by researchers and other 
        collaborating institutions;
            ``(iv) compensation for the costs of analyzing the economic 
        impacts of fishery management decisions and to analyze 
        potential methods to provide targeted compensation to fisherman 
        that have been harmed by such management decisions;
            ``(v) at-sea and shoreside monitoring of fishing;
            ``(vi) preparation of fishery impact statements; and
            ``(vii) other activities that a Regional Fishery Management 
        Council of which the State is a member considers to be 
        necessary to rebuild or maintain sustainable fisheries, ensure 
        healthy ecosystems, provide socioeconomic economic assistance, 
        or maintain fishing communities.''.
    (b) Rule of Application.--The amendments made by subsection (a) 
shall apply with respect to amounts received under section 311(e) of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1861(e)) after September 30, 2011.
    (c) Transition Rule.--
            (1) In general.--The Secretary may use any amount received 
        as a fisheries enforcement penalty before October 1, 2011, to 
        reimburse appropriate legal fees and costs to a covered person 
        in an amount not to exceed $200,000 per covered person.
            (2) Timing.--
                    (A) Submission of application.--A covered person 
                seeking reimbursement of appropriate legal fees and 
                costs under paragraph (1) shall submit to the Secretary 
                an application for such reimbursement--
                            (i) in the case of a covered person 
                        described in paragraph (4)(B)(i), not later 
                        than December 31, 2011; and
                            (ii) in the case of a covered person 
                        described in paragraph (4)(B)(ii), not later 
                        than 1 year after the date on which the 
                        Secretary directed that such covered person 
                        shall receive a remittance of a fisheries 
                        enforcement penalty.
                    (B) Determination.--Not later than 60 days after 
                receiving an application under paragraph (1), the 
                Secretary shall make a final determination on whether 
                to provide such reimbursement and the amount of any 
                such reimbursement.
            (3) Remaining funds.--The Secretary shall use--
                    (A) 80 percent of the amounts described in 
                paragraph (1) remaining after all reimbursements have 
                been made under such paragraph, for fishery stock 
                assessments in the fishery management region that the 
                Secretary determines to be appropriate; and
                    (B) 20 percent of such amounts to make payments to 
                States in accordance with section 311(e)(1) of the 
                Magnuson-Stevens Fishery Conservation and Management 
                Act (16 U.S.C. 1861(e)(1)).
            (4) Definitions.--In this subsection:
                    (A) The term ``appropriate legal fees and costs'' 
                means the legal fees and costs incurred by a covered 
                person--
                            (i) that the Secretary determines were 
                        appropriately incurred by the covered person in 
                        successfully challenging a fisheries 
                        enforcement penalty; and
                            (ii) that were incurred not later than 30 
                        days after the date on which the Secretary 
                        directed that such penalty shall be remitted to 
                        the covered person.
                    (B) The term ``covered person'' means--
                            (i) a person that the Secretary directed 
                        shall receive a remittance of a fisheries 
                        enforcement penalty in the Decision Memorandum; 
                        or
                            (ii) a person that--
                                    (I) received a Notice of Violation 
                                and Assessment issued on or after March 
                                17, 1994, for a fisheries enforcement 
                                penalty that was settled or otherwise 
                                resolved prior to February 3, 2010;
                                    (II) paid such fisheries 
                                enforcement penalty;
                                    (III) submitted a complaint prior 
                                to May 7, 2011, seeking remittance of 
                                such civil penalty; and
                                    (IV) the Secretary directed shall 
                                receive a remittance of a fisheries 
                                enforcement penalty or a portion of 
                                such remittance.
                    (C) The term ``Decision Memorandum'' means the 
                Secretarial Decision Memorandum issued by the Secretary 
                on May 17, 2011, entitled ``Decisions regarding Certain 
                NOAA Fisheries Enforcement Cases Based on Special 
                Master Swartwood's Report and Recommendations''.
                    (D) The term ``fisheries enforcement penalty'' 
                means any fine, penalty, or forfeiture of property 
                imposed for a violation of the Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 1801 et 
                seq.) or of any other marine resource law enforced by 
                the Secretary, including the Lacey Act Amendments of 
                1981 (16 U.S.C. 3371 et seq.).
                    (E) The term ``Secretary'' means the Secretary of 
                Commerce.

SEC. 3. LIMITATION ON ADMINISTRATIVE LAW JUDGES IN THE NATIONAL OCEANIC 
              AND ATMOSPHERIC ADMINISTRATION.

    (a) In General.--Subject to subsection (b), the Administrator of 
the National Oceanic and Atmospheric Administration (referred to in 
this section as ``NOAA'') may not assign any proceeding required to be 
conducted in accordance with sections 556 and 557 of title 5 to an 
individual who has served as an administrative law judge for NOAA for a 
period of five or more years if such proceeding pertains to the same 
fishery management region to which the majority of such proceedings 
that the individual presided over within the period pertained.
    (b) Reassignment After Five Years.--Subsection (a) does not apply 
to an individual who has not served as an administrative law judge for 
NOAA within a five-year period ending on the date of the assignment 
described in such subsection.

SEC. 4. DEFINITION OF FISHERY MANAGEMENT REGION.

    In this Act, the term ``fishery management region'' means a region 
under the jurisdiction of a Regional Fishery Management Council 
established under section 302 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1852).
[EX A]:
Asset Forfeiture Fund Reform and Distribution Act of 2011 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the Secretary of Commerce (Secretary) or the Secretary of the Treasury, after September 30, 2011, to use each of the sums received as fines, penalties, and forfeitures of property for violations of any provisions of such Act, or of any other fishery resource law enforced by the Secretary, to make a payment to: (1) the state in which the violation occurred, (2) the state in which the vessel involved in the violation is homeported if the violation did not occur in a state, or (3) the state most directly affected by a violation neither occurring in a state nor involving a vessel. (Current law authorizes using such sums for certain civil and criminal enforcement costs.)

Directs states to use such amounts for specified research and monitoring activities.

Sets forth transitional rules authorizing the Secretary to use such amounts received before October 1, 2011, to reimburse appropriate legal fees and costs, up to $200,000 per person, to specified persons the Secretary directed to receive a remittance of at least a portion of a fisheries enforcement penalty.

Prohibits the Administrator of the National Oceanic and Atmospheric Administration (NOAA) from assigning specified rulemaking or adjudication proceedings to an individual who has served as an NOAA administrative law judge for at least a five-year period if such proceeding pertains to the same fishery management region to which the majority of such proceedings that the individual presided over within the period pertained.