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

    This Act may be cited as the ``Government Accountability Office 
Improvement Act of 2008''.

SEC. 2. AUTHORITY TO OBTAIN RECORDS.

    (a) Authority To Obtain Records.--Section 716 of title 31, United 
States Code, is amended in subsection (a)--
            (1) by striking ``(a)'' and inserting ``(2)''; and
            (2) by inserting after the section heading the following:
    ``(a)(1) The Comptroller General is authorized to obtain such 
agency records as the Comptroller General requires to discharge his 
duties (including audit, evaluation, and investigative duties), 
including through the bringing of civil actions under this section. In 
reviewing a civil action under this section, the court shall recognize 
the continuing force and effect of the authorization in the preceding 
sentence until such time as the authorization is repealed pursuant to 
law.''.
    (b) Interviews.--Section 716(a) of title 31, United States Code, as 
amended by subsection (a), is further amended in the second sentence of 
paragraph (2) by inserting ``and interview agency officers and 
employees'' after ``agency record''.

SEC. 3. ADMINISTERING OATHS.

    Section 711 of title 31, United States Code, is amended by striking 
paragraph (4) and inserting the following:
            ``(4) administer oaths to witnesses, except that, in 
        matters other than auditing and settling accounts, the 
        authority of an officer or employee to administer oaths to 
        witnesses pursuant to a delegation under paragraph (2) shall 
        not be available without the prior express approval of the 
        Comptroller General (or a designee).''.

SEC. 4. ACCESS TO CERTAIN INFORMATION.

    (a) Access to Certain Information.--Subchapter II of chapter 7 of 
title 31, United States Code, is amended by adding at the end the 
following:
``Sec. 721. Access to certain information
    ``(a) No provision of the Social Security Act shall be construed to 
limit, amend, or supersede the authority of the Comptroller General to 
obtain any information, to inspect any record, or to interview any 
officer or employee under section 716 of this title, including with 
respect to any information disclosed to or obtained by the Secretary of 
Health and Human Services under part C or D of title XVIII of the 
Social Security Act.
    ``(b) No provision of the Federal Food, Drug, and Cosmetic Act 
shall be construed to limit, amend, or supersede the authority of the 
Comptroller General to obtain any information, to inspect any record, 
or to interview any officer or employee under section 716 of this 
title, including with respect to any information concerning any method 
or process which as a trade secret is entitled to protection.
    ``(c) No provision of the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 and the amendments made by that Act shall be construed to 
limit, amend, or supersede the authority of the Comptroller General to 
obtain any information, to inspect any record, or to interview any 
officer or employee under section 716 of this title, including with 
respect to any information disclosed to the Assistant Attorney General 
of the Antitrust Division of the Department of Justice or the Federal 
Trade Commission for purposes of pre-merger review under section 7A of 
the Clayton Act (15 U.S.C. 18a).
    ``(d)(1) The Comptroller General shall prescribe such policies and 
procedures as are necessary to protect from public disclosure 
proprietary or trade secret information obtained consistent with this 
section.
    ``(2) Nothing in this section shall be construed--
            ``(A) to alter or amend the prohibitions against the 
        disclosure of trade secret or other sensitive information 
        prohibited by section 1905 of title 18 and other applicable 
        laws; or
            ``(B) to affect the applicability of section 716(e) of this 
        title, including the protections against unauthorized 
        disclosure contained in that section, to information obtained 
        consistent with this section.''.
    (b) Clerical Amendment.--The analysis for chapter 7 of title 31, 
United States Code, is amended by inserting after the item relating to 
section 720 the following:

``721. Access to certain information.''.

SEC. 5. COMPTROLLER GENERAL REPORTS.

    Section 719 of title 31, United States Code, is amended--
            (1) in subsection (b)(1)(B), by striking ``and'' at the 
        end;
            (2) in subsection (b)(1)(C), by striking the period at the 
        end and inserting ``; and'';
            (3) by adding at the end of subsection (b)(1) the 
        following:
            ``(D) for agencies subject to sections 901 to 903 and other 
        agencies designated by the Comptroller General, an assessment 
        of their overall degree of cooperation in making personnel 
        available for interview, providing written answers to 
        questions, submitting to an oath authorized by the Comptroller 
        General under section 711, granting access to records, 
        providing timely comments to draft reports, adopting 
        recommendations in reports and responding to such other matters 
        as the Comptroller General deems appropriate.'';
            (4) in subsection (c)(2)(B), by striking ``and'' at the 
        end;
            (5) in subsection (c)(3), by striking the period at the end 
        and inserting ``; and'', and
            (6) by adding at the end of subsection (c) the following:
            ``(4) as soon as practicable when an agency does not, 
        within a reasonable time, respond to a request by the 
        Comptroller General regarding any matter described in 
        subsection (b)(1)(D).''.

            Passed the House of Representatives July 29, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

SOLUTION: Government Accountability Office Improvement Act of 2008 - Authorizes the Comptroller General to: (1) obtain federal agency records required to discharge his or her duties, including through bringing civil actions under this Act; (2) interview agency officers and employees to get information about agency duties, powers, activities, organization, and financial transactions; and (3) administer oaths to witnesses (currently, the Comptroller General may administer oaths to witnesses when auditing and settling accounts).

Requires the Comptroller General to prescribe such policies and procedures as are necessary to protect from public disclosure proprietary or trade secret information obtained under this Act.

Declares that no provision of the Social Security Act, the Federal Food, Drug, and Cosmetic Act, or the Hart-Scott-Rodino Antitrust Improvements Act of 1976 shall be construed to limit, amend, or supersede the authority of the Comptroller General to obtain information, inspect records, or interview specified agency officers or employees, including with respect to: (1) information disclosed to or obtained by the Secretary of Health and Human Services under the Social Security Act; (2) information concerning any method or process protected as a trade secret; and (3) information disclosed to the Assistant Attorney General of the Antitrust Division of the Department of Justice (DOJ) or the Federal Trade Commission (FTC) for purposes of pre-merger review under the Clayton Act. Declares that this Act shall not be construed to: (1) alter or amend the prohibitions against the disclosure of trade secret or other sensitive information; and (2) affect the applicability of requirements governing the availability of agency information to information obtained.

Requires the Comptroller General to: (1) report annually on the cooperation of agencies subject to the Chief Financial Officers Act of 1990 and other agencies designated by the Comptroller General in making personnel available for interviews, providing written answers to questions, submitting to an oath authorized by the Comptroller General, granting access to records, providing timely comments to draft reports, adopting report recommendations, and responding to such matters as the Comptroller General deems appropriate; and (2) report to Congress when agencies do not respond to requests regarding such matters.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Orphan Works Act of 2006''.

SEC. 2. LIMITATION ON REMEDIES IN CASES INVOLVING ORPHAN WORKS.

    (a) Limitation on Remedies.--Chapter 5 of title 17, United States 
Code, is amended by adding at the end the following new section:
``Sec. 514. Limitation on remedies in cases involving orphan works
    ``(a) Limitation on Remedies.--
            ``(1) Conditions.--Notwithstanding sections 502 through 
        505, in an action brought under this title for infringement of 
        copyright in a work, the remedies for infringement shall be 
        limited under subsection (b) if the infringer sustains the 
        burden of proving, and the court finds, that--
                    ``(A) before the infringing use of the work began, 
                the infringer, a person acting on behalf of the 
                infringer, or any person jointly and severally liable 
                with the infringer for the infringement of the work--
                            ``(i) performed and documented a reasonably 
                        diligent search in good faith to locate the 
                        owner of the infringed copyright; but
                            ``(ii) was unable to locate the owner; and
                    ``(B) the infringing use of the work provided 
                attribution, in a manner reasonable under the 
                circumstances, to the author and owner of the 
                copyright, if known with a reasonable degree of 
                certainty based on information obtained in performing 
                the reasonably diligent search.
            ``(2) Definitions; requirements for searches.--
                    ``(A) Owner of infringed copyright.--For purposes 
                of paragraph (1), the `owner' of an infringed copyright 
                in a work is the legal or beneficial owner of, or any 
                party with authority to grant or license, an exclusive 
                right under section 106 applicable to the infringement.
                    ``(B) Requirements for reasonably diligent 
                search.--(i) For purposes of paragraph (1), a search to 
                locate the owner of an infringed copyright in a work--
                            ``(I) is `reasonably diligent' only if it 
                        includes steps that are reasonable under the 
                        circumstances to locate that owner in order to 
                        obtain permission for the use of the work; and
                            ``(II) is not `reasonably diligent' solely 
                        by reference to the lack of identifying 
                        information with respect to the copyright on 
                        the copy or phonorecord of the work.
                    ``(ii) The steps referred to in clause (i)(I) shall 
                ordinarily include, at a minimum, review of the 
                information maintained by the Register of Copyrights 
                under subparagraph (C).
                    ``(iii) A reasonably diligent search includes the 
                use of reasonably available expert assistance and 
                reasonably available technology, which may include, if 
                reasonable under the circumstances, resources for which 
                a charge or subscription fee is imposed.
                    ``(C) Information to guide searches.--The Register 
                of Copyrights shall receive, maintain, and make 
                available to the public, including through the 
                Internet, information from authoritative sources, such 
                as industry guidelines, statements of best practices, 
                and other relevant documents, that is designed to 
                assist users in conducting and documenting a reasonably 
                diligent search under this subsection. Such information 
                may include--
                            ``(i) the records of the Copyright Office 
                        that are relevant to identifying and locating 
                        copyright owners;
                            ``(ii) other sources of copyright ownership 
                        information reasonably available to users;
                            ``(iii) methods to identify copyright 
                        ownership information associated with a work;
                            ``(iv) sources of reasonably available 
                        technology tools and reasonably available 
                        expert assistance; and
                            ``(v) best practices for documenting a 
                        reasonably diligent search.
    ``(b) Limitations on Remedies.--The limitations on remedies in a 
case to which subsection (a) applies are the following:
            ``(1) Monetary relief.--
                    ``(A) General rule.--Subject to subparagraph (B), 
                an award for monetary relief (including actual damages, 
                statutory damages, costs, and attorney's fees) may not 
                be made, other than an order requiring the infringer to 
                pay reasonable compensation for the use of the 
                infringed work.
                    ``(B) Exceptions.--(i) An order requiring the 
                infringer to pay reasonable compensation for the use of 
                the infringed work may not be made under subparagraph 
                (A) if--
                            ``(I) the infringement is performed without 
                        any purpose of direct or indirect commercial 
                        advantage and primarily for a charitable, 
                        religious, scholarly, or educational purpose, 
                        and
                            ``(II) the infringer ceases the 
                        infringement expeditiously after receiving 
                        notice of the claim for infringement,
                unless the copyright owner proves, and the court finds, 
                that the infringer has earned proceeds directly 
                attributable to the infringement.
                    ``(ii) If the infringer fails to negotiate in good 
                faith with the owner of the infringed work regarding 
                the amount of reasonable compensation for the use of 
                the infringed work, the court may award full costs, 
                including a reasonable attorney's fee, against the 
                infringer under section 505, subject to section 412.
            ``(2) Injunctive relief.--
                    ``(A) General rule.--Subject to subparagraph (B), 
                the court may impose injunctive relief to prevent or 
                restrain the infringing use, except that, if the 
                infringer has met the requirements of subsection (a), 
                the relief shall, to the extent practicable, account 
                for any harm that the relief would cause the infringer 
                due to its reliance on having performed a reasonably 
                diligent search under subsection (a).
                    ``(B) Special rule for new works.--In a case in 
                which the infringer recasts, transforms, adapts, or 
                integrates the infringed work with the infringer's 
                original expression in a new work of authorship, the 
                court may not, in granting injunctive relief, restrain 
                the infringer's continued preparation or use of that 
                new work, if the infringer--
                            ``(i) pays reasonable compensation to the 
                        owner of the infringed copyright for the use of 
                        the infringed work; and
                            ``(ii) provides attribution to the owner of 
                        the infringed copyright in a manner that the 
                        court determines is reasonable under the 
                        circumstances.
                    ``(C) Treatment of parties not subject to suit.--
                The limitations on remedies under this paragraph shall 
                not be available to an infringer that asserts in an 
                action under section 501(b) that neither it nor its 
                representative acting in an official capacity is 
                subject to suit in Federal court for an award of 
                damages to the copyright owner under section 504, 
                unless the court finds that such infringer has-- 
                            ``(i) complied with the requirements of 
                        subsection (a) of this section;
                            ``(ii) made a good faith offer of 
                        compensation that was rejected by the copyright 
                        owner; and
                            ``(iii) affirmed in writing its willingness 
                        to pay such compensation to the copyright owner 
                        upon the determination by the court that such 
                        compensation was reasonable under paragraph (3) 
                        of this subsection.
                    ``(D) Construction.--Nothing in subparagraph (C) 
                shall be deemed to authorize or require, and no action 
                taken pursuant to subparagraph (C) shall be deemed to 
                constitute, an award of damages by the court against 
                the infringer.
                    ``(E) Rights and privileges not waived.--No action 
                taken by an infringer pursuant to subparagraph (C) 
                shall be deemed to waive any right or privilege that, 
                as a matter of law, protects such infringer from being 
                subject to suit in Federal court for an award of 
                damages to the copyright owner under section 504.
            ``(3) Reasonable compensation.--In establishing reasonable 
        compensation under paragraph (1) or (2), the owner of the 
        infringed copyright has the burden of establishing the amount 
        on which a reasonable willing buyer and a reasonable willing 
        seller in the positions of the owner and the infringer would 
        have agreed with respect to the infringing use of the work 
        immediately before the infringement began.
    ``(c) Preservation of Other Rights, Limitations, and Defense.--This 
section does not affect any right, limitation, or defense to copyright 
infringement, including fair use, under this title. If another 
provision of this title provides for a statutory license when the 
copyright owner cannot be located, that provision applies in lieu of 
this section.
    ``(d) Copyright for Derivative Works.--Notwithstanding section 
103(a), the infringing use of a work in accordance with this section 
shall not limit or affect the copyright protection for a work that uses 
the infringed work.''.
    (b) Conforming Amendment.--The table of sections for chapter 5 of 
title 17, United States Code, is amended by adding at the end the 
following new item:

``514. Limitation on remedies in cases involving orphan works''.
    (c) Effective Date.--The amendments made by this section shall 
apply only to infringing uses that commence on or after June 1, 2008.

SEC. 3. REPORT TO CONGRESS ON AMENDMENTS.

    The Register of Copyrights shall, not later than December 12, 2014, 
report to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate on the 
implementation and effects of the amendments made by section 2, 
including any recommendations for legislative changes that the Register 
considers appropriate.

SEC. 4. INQUIRY ON REMEDIES FOR SMALL COPYRIGHT CLAIMS.

    (a) In General.--The Register of Copyrights shall conduct an 
inquiry with respect to remedies for copyright infringement claims 
seeking limited amounts of monetary relief, including consideration of 
alternatives to disputes currently heard in the United States district 
courts. The inquiry shall cover infringement claims to which section 
514 of title 17, United States Code (as added by section 2 of this 
Act), apply, and other infringement claims under title 17, United 
States Code.
    (b) Procedures.--The Register of Copyrights shall publish notice of 
the inquiry under subsection (a), providing a period during which 
interested persons may submit comments on the inquiry, and an 
opportunity for interested persons to participate in public roundtables 
on the inquiry. The Register shall hold the public roundtables at such 
times as the Register considers appropriate.
    (c) Report to Congress.--The Register of Copyrights shall, not 
later than 1 year after the date of the enactment of this Act, prepare 
and submit to the Committee on the Judiciary of the House of 
Representatives and the Committee on the Judiciary of the Senate a 
report on the inquiry conducted under this section, including such 
recommendations that the Register considers appropriate.

SOLUTION: Orphan Works Act of 2006 - Limits the remedies available in a copyright infringement action if the infringer proves that: (1) the infringer performed and documented a reasonably diligent search in good faith to locate the copyright owner before using the work, but was unable to locate the owner; and (2) the infringing use of the work provided attribution to the author and owner of the copyright, if known.

Requires the Register of Copyrights to make information available from authoritative sources to assist users in conducting and documenting a reasonably diligent search.

Permits an award of reasonable compensation for the use of the infringed work, except if: (1) the infringement is performed without any commercial advantage and for primarily a charitable, religious, scholarly, or educational purpose; and (2) the infringer ceases the infringement expeditiously after receiving notice of the claim for infringement.

Allows the court to impose injunctive relief to prevent or restrain the infringing use, but such relief shall account for harm caused to the infringer due to reliance on having performed a reasonably diligent search. Prohibits the court from imposing injunctive relief that restrains the continued preparation or use of a new work that recasts, transforms, adapts, or integrates the infringed work with the infringer's original expression in a new work of authorship if the infringer pays reasonable compensation and provides attribution to the copyright owner.

Requires the Register of Copyrights to conduct an inquiry with respect to remedies for copyright infringement claims seeking limited amounts of monetary relief, including consideration of alternatives to disputes currently heard in the U.S. district courts.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening FHA Through Shared 
Equity Homeownership Act of 2010''.

SEC. 2. SHARED EQUITY PILOT PROGRAM.

    (a) Purpose.--The purpose of this section is to establish a shared 
equity homeownership pilot program for FHA mortgage insurance to 
complement FHA mortgage lending activity to analyze the effectiveness 
of shared equity finance methods that stimulate the flow of private 
equity capital into the housing sector, while mitigating risk to 
borrowers and to the Mutual Mortgage Insurance Fund.
    (b) Establishment.--The Secretary of Housing and Urban Development 
(in this section referred to as the ``Secretary'') shall carry out a 
pilot program under this section (in this section referred to as the 
``pilot program)'' to analyze the effectiveness of providing mortgage 
insurance under the FHA mortgage insurance program for mortgages for 
the acquisition or refinancing of 1- to 4-family residences that are 
financed in part through a shared equity arrangement under which 
independent, private sector investors invest, together with the 
mortgagors, equity funds for such residences and thereby share in the 
ownership of such residences.
    (c) Application and Selection.--
            (1) Eligibility and application.--The Secretary shall 
        establish eligibility requirements for financial institutions, 
        nonprofit organizations, housing associations, investment 
        pools, and other appropriate individuals and entities to 
        participate in the pilot program and shall provide for eligible 
        entities to apply to the Secretary for such participation. Such 
        applications shall include such information as the Secretary 
        considers appropriate regarding the matters referred to in 
        subparagraphs (A) through (D) of paragraph (2).
            (2) Selection.--Not later than 270 days after the date of 
        the enactment of this Act, the Secretary shall select not more 
        than 8 individuals and entities to participate in the pilot 
        program, from among eligible individuals and entities applying 
        for such participation, using criteria established by the 
        Secretary, which shall include criteria based on--
                    (A) the methodology to be used for deploying equity 
                sharing capital, which shall ensure that equity sharing 
                capital shall be deployed from private sector sources;
                    (B) a definition of markets to be targeted;
                    (C) legal agreements and disclosures necessary to 
                protect mortgagors and all other involved parties and 
                to provide for periodic program monitoring; and
                    (D) the source and level of revenue expected to be 
                derived from participating in the pilot program.
    (d) Principal Residence.--A residence acquired with a mortgage that 
is insured by the Secretary under the pilot program shall be occupied 
by the mortgagor as the primary residence of the mortgagor.
    (e) Downpayment.--The mortgagor under a mortgage insured by the 
Secretary under the pilot program shall comply with the requirement 
under section 203(b)(9) of the National Housing Act (12 U.S.C. 
1709(b)(9)) that the mortgagor invest the amount required by the 
Secretary, which shall be not less than 3.5 percent of the appraised 
value of the residence.
    (f) Minimum Homebuyer Equity.--The mortgagor under the mortgage 
insured by the Secretary under the pilot program shall retain a 
percentage of ownership in the residence under the shared equity 
arrangement that is not less than 60 percent.
    (g) Insurance Premiums.--Notwithstanding section 203(c)(2)(B) of 
the National Housing Act (12 U.S.C. 1709(c)(2)(B)), the Secretary shall 
establish and collect annual premium payments on mortgages insured by 
the Secretary under the pilot program in an amount based on the annual 
premium charged under such section 203(c)(2)(B), as adjusted by the 
Secretary to account for any reduced risk in insuring such mortgages 
attributable to the shared equity arrangement.
    (h) Rights of Mortgagor.--The Secretary shall establish 
requirements to ensure the mortgagor maintains occupancy rights in the 
property subject to the mortgage insured under the pilot program. A 
mortgagor and shared equity investor shall receive transactional 
documentation that addresses the rights, privileges and 
responsibilities of both the mortgagor and shared equity investor.
    (i) Scope.--
            (1) Geographic diversity.--The Secretary shall carry out 
        the pilot program in multiple regional mortgage markets in the 
        United States.
            (2) Equity sharing capital investments.--The Secretary 
        shall, for each eligible entity participating in the pilot 
        program, limit the amount of equity sharing capital invested 
        under the pilot program to $25,000,000.
            (3) Timing.--The Secretary may not insure any mortgage in 
        connection with the pilot program after the expiration of the 
        two-year period beginning on the date of the implementation of 
        the pilot program under this Act.
    (j) Waiver.--The Secretary may waive, or specify alternative 
requirements for, any provision of any statute, regulation, or 
guideline that the Secretary administers (except for requirements 
related to fair housing, nondiscrimination, labor standards, and the 
environment) upon a determination by the Secretary that such waiver is 
appropriate to carry out the pilot program under this section.
    (k) Monitoring and Reporting.--
            (1) Monitoring.--The Secretary shall provide for such 
        monitoring of the pilot program, investors participating in the 
        pilot program, and shared equity arrangements entered into 
        under the pilot program as may be necessary to determine the 
        effectiveness of the pilot program and of the structure of, and 
        requirements under, the pilot program.
            (2) Reports to congress.--Not later than the expiration of 
        the 18-month period beginning on the date of the enactment of 
        this Act, the Comptroller General of the United States shall 
        submit a report to the Congress analyzing effectiveness of the 
        pilot program and making recommendations regarding expansion of 
        the pilot program and improvements for the pilot program.

SOLUTION:
Strengthening FHA Through Shared Equity Homeownership Act of 2010 - Directs the Secretary of Housing and Urban Development (HUD) to carry out a shared equity homeownership pilot program to analyze the effectiveness of providing mortgage insurance under the Federal Housing Administration (FHA) mortgage insurance program for mortgages for the acquisition or refinancing of 1- to 4-primary family residences that are financed in part through a shared equity arrangement under which independent, private sector investors invest, together with the mortgagors, equity funds for such residences and thereby share in their ownership.

Requires the Secretary to select up to 8 financial institutions, nonprofit organizations, housing associations, investment pools, and other appropriate individuals and entities to participate in the pilot.

Requires a mortgagor to: (1) make a downpayment of at least 3.5% of the appraised value of the residence involved; and (2) retain a minimum equity in the residence under the shared equity arrangement of at least 60%.