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sentence until such time as the authorization is repealed pursuant to 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 ``Adult Day Achievement Center 
Enhancement Act''.

SEC. 2. FINDINGS.

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

SEC. 3. ESTABLISHMENT OF ADULT DAY PROGRAMS.

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

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

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

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Citizen Petition Fairness and 
Accuracy Act of 2006''.

SEC. 2. CITIZEN PETITIONS AND PETITIONS FOR STAY OF AGENCY ACTION.

    Section 505(j)(5) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 355(j)(5)) is amended by adding at the end the following:
    ``(G)(i) Notwithstanding any other provision of law, any petition 
submitted under section 10.30 or section 10.35 of title 21, Code of 
Federal Regulations (or any successor regulation), shall include a 
statement that to the petitioner's best knowledge and belief, the 
petition--
            ``(I) includes all information and views on which the 
        petitioner relies, including all representative data and 
        information known to the petitioner that is favorable or 
        unfavorable to the petition;
            ``(II) is well grounded in fact and is warranted by law;
            ``(III) is not submitted for an improper purpose, such as 
        to harass or cause unnecessary delay (including unnecessary 
        delay of competition or agency action); and
            ``(IV) does not contain a materially false, misleading, or 
        fraudulent statement.
    ``(ii) The Secretary shall investigate, on receipt of a complaint, 
a request under clause (vi), or on its own initiative, any petition 
submitted under such section 10.30 or section 10.35 (or any successor 
regulation), that--
            ``(I) does not comply with the requirements of clause (i);
            ``(II) may have been submitted for an improper purpose as 
        described in clause (i)(III); or
            ``(III) may contain a materially false, misleading, or 
        fraudulent statement as described in clause (i)(IV).
    ``(iii) If the Secretary finds that the petitioner has knowingly 
and willingly submitted the petition for an improper purpose as 
described in clause (i)(III), or which contains a materially false, 
misleading, or fraudulent statement as described in clause (i)(IV), the 
Secretary may--
            ``(I) impose a civil penalty of not more than $1,000,000, 
        plus attorneys fees and costs of reviewing the petition and any 
        related proceedings;
            ``(II) suspend the authority of the petitioner to submit a 
        petition under such section 10.30 or section 10.35 (or any 
        successor regulation), for a period of not more than 10 years;
            ``(III) revoke permanently the authority of the petitioner 
        to submit a petition under such section 10.30 or section 10.35 
        (or any successor regulation); or
            ``(IV) dismiss the petition at issue in its entirety.
    ``(iv) If the Secretary takes an enforcement action described in 
subclause (I), (II), (III), or (IV) of clause (iii) with respect to a 
petition, the Secretary shall refer that petition to the Federal Trade 
Commission for further action as the Federal Trade Commission finds 
appropriate.
    ``(v) In determining whether to take an enforcement action 
described in subclause (I), (II), (III), or (IV) of clause (iii) with 
respect to a petition, and in determining the amount of any civil 
penalty or the length of any suspension imposed under that clause, the 
Secretary shall consider the specific circumstances of the situation, 
such as the gravity and seriousness of the violation involved, the 
amount of resources expended in reviewing the petition at issue, the 
effect on marketing of competing drugs of the pendency of the 
improperly submitted petition, including whether the timing of the 
submission of the petition appears to have been calculated to cause 
delay in the marketing of any drug awaiting approval, and whether the 
petitioner has a history of submitting petitions in violation of this 
subparagraph.
    ``(vi)(I) Any person aggrieved by a petition filed under such 
section 10.30 or section 10.35 (or any successor regulation), including 
a person filing an application under subsection (b)(2) or (j) of this 
section to which such petition relates, may request that the Secretary 
initiate an investigation described under clause (ii) for an 
enforcement action described under clause (iii).
    ``(II) The aggrieved person shall specify the basis for its belief 
that the petition at issue is false, misleading, fraudulent, or 
submitted for an improper purpose. The aggrieved person shall certify 
that the request is submitted in good faith, is well grounded in fact, 
and not submitted for any improper purpose. Any aggrieved person who 
knowingly and intentionally violates the preceding sentence shall be 
subject to the civil penalty described under clause (iii)(I).
    ``(vii) The Secretary shall take final agency action with respect 
to a petition filed under such section 10.30 or section 10.35 (or any 
successor regulation) within 6 months of receipt of such petition. The 
Secretary shall not extend such 6-month review period, even with 
consent of the petitioner, for any reason, including based upon the 
submission of comments relating to a petition or supplemental 
information supplied by the petitioner. If the Secretary has not taken 
final agency action on a petition by the date that is 6 months after 
the date of receipt of the petition, such petition shall be deemed to 
have been denied on such date.
    ``(viii) The Secretary may promulgate regulations to carry out this 
subparagraph, including to determine whether petitions filed under such 
section 10.30 or section 10.35 (or any successor regulation) merit 
enforcement action by the Secretary under this subparagraph.''.

SOLUTION:
Citizen Petition Fairness and Accuracy Act of 2006 - Amends the Federal Food, Drug, and Cosmetic Act to require that any citizen petition or request for stay of action related to an abbreviated new drug application include a statement that the petition: (1) includes all information and views on which the petitioner relies; (2) is well grounded in fact and warranted by law; (3) is not submitted for an improper purpose; and (4) does not contain a materially false, misleading, or fraudulent statement. Requires the Secretary of Health and Human Services to investigate any petition that does not comply.

Allows the Secretary to impose penalties for knowingly and willfully submitting a petition for an improper purpose or that contains a materially false, misleading, or fraudulent statement. Provides that such penalties may include: (1) civil penalty; (2) suspension or revocation of the authority to submit a petition; and (3) dismissal of the petition. Requires the Secretary to refer such a violative petition to the Federal Trade Commission (FTC) for further action. Sets forth the factors that the Secretary shall consider in taking an enforcement action or determining the penalty.

Permits any person aggrieved by a petition that may contain violations to request the Secretary to investigate. Subjects knowing and intentional violative requests to civil penalties.

Requires the Secretary to take final agency action on such a petition within six months.