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

Example Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Cyber-Security Enhancement and
Consumer Data Protection Act of 2006''.

SEC. 2. PERSONAL ELECTRONIC RECORDS.

Section 1030(a)(2) of title 18, United States Code, is amended--
(1) by striking ''or'' at the end of subparagraph (B); and
(2) by adding at the end the following:
''(D) a means of identification (as defined in
section 1028(d)) from a protected computer; or
''(E) the capability to gain access to or remotely
control a protected computer.''.

SEC. 3. USE OF FULL INTERSTATE AND FOREIGN COMMERCE POWER FOR CRIMINAL
PENALTIES.

(a) Broadening of Scope.--Section 1030(e)(2)(B) of title 18, United
States Code, is amended by inserting ''or affecting'' after ''which is
used in''.
(b) Elimination of Requirement of an Interstate or Foreign
Communication for Certain Offenses Involving Protected Computers.--
Section 1030(a)(2)(C) of title 18, United States Code, is amended by
striking ''if the conduct involved an interstate or foreign
communication''.

SEC. 4. RICO PREDICATES.

Section 1961(1)(B) of title 18, United States Code, is amended by
inserting ''section 1030 (relating to fraud and related activity in
connection with computers),'' before ''section 1084''.

SEC. 5. CYBER-EXTORTION.

Section 1030(a)(7) of title 18, United States Code, is amended by
inserting '', or to access without authorization or exceed authorized
access to a protected computer'' after ''cause damage to a protected
computer''.

SEC. 6. CONSPIRACY TO COMMIT CYBER-CRIMES.

Section 1030(b) of title 18, United States Code, is amended by
inserting ''or conspires'' after ''attempts''.

SEC. 7. NOTICE TO LAW ENFORCEMENT.

(a) Criminal Penalty for Failure to Notify Law Enforcement.--
Chapter 47 of title 18, United States Code, is amended by adding at the
end the following:
''Sec. 1039. Concealment of security breaches involving personal
information
''(a) Offense.--Whoever owns or possesses data in electronic form
containing a means of identification (as defined in section 1028),
having knowledge of a major security breach of the system containing
such data maintained by such person, and knowingly fails to provide
notice of such breach to the United States Secret Service or Federal
Bureau of Investigation, with the intent to prevent, obstruct, or
impede a lawful investigation of such breach, shall be fined under this
title, imprisoned not more than 5 years, or both.
''(b) Definitions.--As used in this section--
''(1) Major security breach.--The term 'major security
breach' means any security breach--
''(A) whereby means of identification pertaining to
10,000 or more individuals is, or is reasonably
believed to have been acquired, and such acquisition
causes a significant risk of identity theft;
''(B) involving databases owned by the Federal
Government; or
''(C) involving primarily data in electronic form
containing means of identification of Federal
Government employees or contractors involved in
national security matters or law enforcement.
''(2) Significant risk of identity theft.--
''(A) In general.--The term 'significant risk of
identity theft' means such risk that a reasonable
person would conclude, after a reasonable opportunity
to investigate, that it is more probable than not that
identity theft has occurred or will occur as a result
of the breach.
''(B) Presumption.--If the data in electronic form
containing a means of identification involved in a
suspected breach has been encrypted, redacted, requires
technology to use or access the data that is not
commercially available, or has otherwise been rendered
unusable, then there shall be a presumption that the
breach has not caused a significant risk of identity
theft. Such presumption may be rebutted by facts
demonstrating that the encryption code has been or is
reasonably likely to be compromised, that the entity
that acquired the data is believed to possess the
technology to access it, or the owner or possessor of
the data is or reasonably should be aware of an unusual
pattern of misuse of the data that indicates fraud or
identity theft.''.
(b) Rulemaking.--Within 180 days after the date of enactment of
this Act, the Attorney General and Secretary of Homeland Security shall
jointly promulgate rules and regulations, after adequate notice and an
opportunity for comment, as are reasonably necessary, governing the
form, content, and timing of the notices required pursuant to section
1039 of title 18, United States Code. Such rules and regulations shall
not require the deployment or use of specific products or technologies,
including any specific computer hardware or software, to protect
against a security breach. Such rules and regulations shall require
that--
(1) such notice be provided to the United States Secret
Service or Federal Bureau of Investigation before any notice of
a breach is made to consumers under State or Federal law, and
within 14 days of discovery of the breach;
(2) if the United States Secret Service or Federal Bureau
of Investigation determines that any notice required to be made
to consumers under State or Federal law would impede or
compromise a criminal investigation or national security, the
United States Secret Service or Federal Bureau of Investigation
shall direct in writing within 7 days that such notice shall be
delayed for 30 days, or until the United States Secret Service
or Federal Bureau of Investigation determines that such notice
will not impede or compromise a criminal investigation or
national security;
(3) the United States Secret Service shall notify the
Federal Bureau of Investigation, if the United States Secret
Service determines that such breach may involve espionage,
foreign counterintelligence, information protected against
unauthorized disclosure for reasons of national defense or
foreign relations, or Restricted Data (as that term is defined
in section 11y of the Atomic Energy Act of 1954 (42 U.S.C.
2014(y))), except for offenses affecting the duties of the
United States Secret Service under section 3056(a) of title 18,
United States Code; and
(4) the United States Secret Service or Federal Bureau of
Investigation notify the Attorney General in each State
affected by the breach, if the United States Secret Service or
Federal Bureau of Investigation declines to pursue a criminal
investigation, or as deemed necessary and appropriate.
(c) Immunity From Lawsuit.--No cause of action shall lie in any
court against any law enforcement entity or any person who notifies law
enforcement of a security breach pursuant to this section for any
penalty, prohibition, or damages relating to the delay of notification
for law enforcement purposes under this Act.
(d) Civil Penalty for Failure to Notify.--Whoever knowingly fails
to give a notice required under section 1039 of title 18, United States
Code, shall be subject to a civil penalty of not more than $50,000 for
each day of such failure, but not more than $1,000,000.
(e) Relation to State Laws.--
(1) In general.--The requirement to notify law enforcement
under this section shall supersede any other notice to law
enforcement required under State law.
(2) Exception for state consumer notice laws.--The notice
required to law enforcement under this section shall be in
addition to any notice to consumers required under State or
Federal law following the discovery of a security breach.
Nothing in this section annuls, alters, affects or exempts any
person from complying with the laws of any State with respect
to notice to consumers of a security breach, except as provided
by subsections (b) and (c).
(f) Duty of Federal Agencies and Departments.--An agency or
department of the Federal Government which would be required to give
notice of a major security breach under section 1039 of title 18,
United States Code, if that agency or department were a person, shall
notify the United States Secret Service or Federal Bureau of
Investigation of the breach in the same time and manner as a person
subject to that section. The rulemaking authority under subsection (b)
shall include the authority to make rules for notice under this
subsection of a major security breach.
(g) Clerical Amendment.--The table of sections at the beginning of
chapter 47 of title 18, United States Code, is amended by adding at the
end the following new item:

''1039. Concealment of security breaches involving personal
information.''.

SEC. 8. PENALTIES FOR SECTION 1030 VIOLATIONS.

Subsection (c) of section 1030 of title 18, United States Code, is
amended to read as follows:
''(c)(1) The punishment for an offense under subsection (a) or (b)
is a fine under this title or imprisonment for not more than 30 years,
or both.
''(2) The court, in imposing sentence for an offense under
subsection (a) or (b), shall, in addition to any other sentence imposed
and irrespective of any provision of State law, order that the person
forfeit to the United States--
''(A) the person's interest in any personal property that
was used or intended to be used to commit or to facilitate the
commission of such violation; and
''(B) any property, real or personal, constituting or
derived from, any proceeds the person obtained, directly or
indirectly, as a result of such violation.''.

SEC. 9. DIRECTIVE TO SENTENCING COMMISSION.

(a) Directive.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall forthwith review its
guidelines and policy statements applicable to persons convicted of
offenses under sections 1028, 1028A, 1030, 1030A, 2511 and 2701 of
title 18, United States Code and any other relevant provisions of law,
in order to reflect the intent of Congress that such penalties be
increased in comparison to those currently provided by such guidelines
and policy statements.
(b) Requirements.--In determining its guidelines and policy
statements on the appropriate sentence for the crimes enumerated in
paragraph (a), the Commission shall consider the extent to which the
guidelines and policy statements may or may not account for the
following factors in order to create an effective deterrent to computer
crime and the theft or misuse of personally identifiable data--
(1) the level of sophistication and planning involved in
such offense;
(2) whether such offense was committed for purpose of
commercial advantage or private financial benefit;
(3) the potential and actual loss resulting from the
offense;
(4) whether the defendant acted with intent to cause either
physical or property harm in committing the offense;
(5) the extent to which the offense violated the privacy
rights of individuals;
(6) the effect of the offense upon the operations of a
government agency of the United States, or of a State or local
government;
(7) whether the offense involved a computer used by the
government in furtherance of national defense, national
security or the administration of justice;
(8) whether the offense was intended to, or had the effect
of significantly interfering with or disrupting a critical
infrastructure;
(9) whether the offense was intended to, or had the effect
of creating a threat to public health or safety, injury to any
person, or death; and
(10) whether the defendant purposefully involved a juvenile
in the commission of the offense to avoid punishment.
(c) Additional Requirements.--In carrying out this section, the
Commission shall--
(1) assure reasonable consistency with other relevant
directives and with other sentencing guidelines;
(2) account for any additional aggravating or mitigating
circumstances that might justify exceptions to the generally
applicable sentencing ranges;
(3) make any conforming changes to the sentencing
guidelines; and
(4) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code.

SEC. 10. DAMAGE TO PROTECTED COMPUTERS.

(a) Section 1030(a)(5)(B) of title 18, United States Code, is
amended--
(1) by striking ''or'' at the end of clause (iv);
(2) by inserting ''or'' at the end of clause (v); and
(3) by adding at the end the following:
''(vi) damage affecting ten or more
protected computers during any 1-year
period.''.
(b) Section 1030(g) of title 18, United States Code, is amended by
striking ''or'' after ''(iv),'' and inserting '', or (vi)'' after
''(v)''.
(c) Section 2332b(g)(5)(B)(i) of title 18, United States Code, is
amended by striking ''(v) (relating to protection of computers)'' and
inserting ''(vi) (relating to the protection of computers)''.

SEC. 11. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND PROSECUTE
CRIMINAL ACTIVITY INVOLVING COMPUTERS.

(a) Additional Funding for Resources.--
(1) Authorization.--In addition to amounts otherwise
authorized for resources to investigate and prosecute criminal
activity involving computers, there are authorized to be
appropriated for each of the fiscal years 2007 through 2011--
(A) $10,000,000 to the Director of the United
States Secret Service;
(B) $10,000,000 to the Attorney General for the
Criminal Division of the Department of Justice; and
(C) $10,000,000 to the Director of the Federal
Bureau of Investigation.
(2) Availability.--Any amounts appropriated under paragraph
(1) shall remain available until expended.
(b) Use of Additional Funding.--Funds made available under
subsection (a) shall be used by the Director of the United States
Secret Service, the Director of the Federal Bureau of Investigation,
and the Attorney General, for the United States Secret Service, the
Federal Bureau of Investigation, and the criminal division of the
Department of Justice, respectively, to--
(1) hire and train law enforcement officers to--
(A) investigate crimes committed through the use of
computers and other information technology, including
through the use of the Internet; and
(B) assist in the prosecution of such crimes; and
(2) procure advanced tools of forensic science to
investigate, prosecute, and study such crimes.
Example Output: Cyber-Security Enhancement and Consumer Data Protection Act of 2006 - (Sec. 2) Amends the federal criminal code to prohibit obtaining without authorization: (1) a means of identification from a protected computer (a computer exclusively for the use of a financial institution or the federal government); or (2) the capability to gain access to or remotely control a protected computer.

(Sec. 3) Revises the definition of "protected computer" to include a computer the use of which affects interstate or foreign commerce or communication. Eliminates the criminal law requirement that conduct constituting computer fraud involve an interstate or foreign communication.

(Sec. 4) Includes computer fraud within the definition of racketeering for purposes of the Racketeer Influenced and Corrupt Organizations Act (RICO).

(Sec. 5) Includes threats to access a protected computer without authorization or to exceed such authorized access within the definition of computer-related extortion.

(Sec. 6) Expands the crime of computer fraud to include conspiracy to commit computer fraud.

(Sec. 7) Imposes a fine and/or prison term of up to five years for failure to notify the U.S. Secret Service or Federal Bureau of Investigation (FBI) of a major security breach in a database containing identification information with the intent to prevent, obstruct, or impede a lawful investigation of such breach. Defines "major security breach" as any security breach that involves: (1) the acquisition of the identification information of 10,000 or more individuals causing a significant risk of identity theft; (2) databases owned by the federal government; and (3) data containing identification information of federal employees or contractors involved in national security matters or law enforcement.

Directs the Attorney General and the Secretary of Homeland Security to jointly issue regulations on the form, content, and timing of notices of major security breaches. Requires that such regulations provide that notice of a security breach be provided to the Secret Service or FBI before notice is provided to consumers and within 14 days after discovery of such breach.

Grants immunity to law enforcement entities or to any person who notifies law enforcement of a security breach.

Imposes a civil penalty of $50,000 for each day any individual fails to provide notice of a major security breach (not to exceed $1 million).

(Sec. 8) Increases the prison term for computer fraud to a maximum of 30 years. Requires forfeiture of any personal property used to commit computer fraud.

(Sec. 9) Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements to reflect congressional intent to increase criminal penalties for computer fraud.

(Sec. 10) Imposes criminal penalties for damage affecting ten or more protected computers during any one-year period.

(Sec. 11) Authorizes additional funding in FY2007-FY2011 to the Director of the Secret Service, the Attorney General for the Criminal Division of the Department of Justice, and the Director of the FBI to investigate and prosecute crimes committed through the use of computers.

Example Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Improving Physician Access in
Teaching Hospitals (PATH) Act of 2011''.

SEC. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY SLOTS.

Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is
amended--
(1) in paragraph (7)(E), by inserting ''paragraph (9),''
after ''paragraph (8),''; and
(2) by adding at the end the following:
''(9) Distribution of additional residency positions.--
''(A) Reductions in limit based on unused
positions.--
''(i) In general.--Except as provided in
clause (ii), if a hospital's resident level (as
defined in paragraph (7)(C)(i)) for each of the
5 most recent cost reporting periods (ending
before the date of the enactment of this
paragraph) of the hospital for which a cost
report has been settled (or, if not, submitted
subject to audit) as determined by the
Secretary is less than the otherwise applicable
resident limit (as defined in paragraph
(8)(H)(iii)), effective for portions of cost
reporting periods occurring on or after the
paragraph (9) effective date (as defined in
subparagraph (E)), the otherwise applicable
resident limit shall be reduced by the
difference between such otherwise applicable
resident limit and the highest such reference
resident level for any of such 5 cost reporting
periods.
''(ii) Exception.--Clause (i) shall not
apply to--
''(I) a hospital located in a rural
area with fewer than 250 beds; or
''(II) a hospital that has had in
effect a voluntary residency reduction
plan under paragraph (6) or pursuant to
section 402 of Public Law 90-248.
''(B) Requirements for additional residency
slots.--
''(i) In general.--The Secretary shall
increase the otherwise applicable resident
limit for hospitals that submit an application
under this subparagraph by such number as the
Secretary may approve for portions of cost
reporting periods occurring on or after the
paragraph (9) effective date. The aggregate
number of increases in the otherwise applicable
resident limit under this subparagraph shall be
equal to the sum of--
''(I) the aggregate reduction in
such limits attributable to
subparagraph (A) (as estimated by the
Secretary); and
''(II) 1,000 for portions of cost
reporting periods occurring during the
12-month period beginning on the
paragraph (9) effective date, 1,000
additional positions for portions of
cost reporting periods occurring during
the 12-month period beginning 1 year
after such effective date, 1,000
additional positions for portion of
cost reporting period occurring during
the 12-month period beginning 2 years
after such effective date, and such
number of additional positions for
portions of the 2 subsequent cost
reporting periods as the Secretary may
determine necessary to support
residency training programs in
specialities that exceed 3 years.
''(ii) Consideration in redistribution.--In
determining for which hospitals the increase in
the otherwise applicable resident limit is
provided under this subparagraph, the Secretary
shall take into account--
''(I) data provided by the Health
Resources and Services Administration
as a national standard to exhibit a
specific demand in the health care
workforce, as well as the
Administration's projected demand and
supply for physicians in the specialty
of medicine involved; and
''(II) the demonstrated likelihood
of the hospital filling positions made
available under this paragraph within
the first 3 cost reporting periods
beginning on or after the paragraph (9)
effective date.
The Secretary shall give special consideration
for up to 25 additional positions in the case
of a hospital that demonstrates the likelihood
of filing such positions during the first cost
reporting period beginning on or after such
effective date.
''(iii) Limitation.--In no case shall the
number of additional positions made available
to a hospital under this paragraph exceed 25 in
the first cost reporting period or 75 for all
cost reporting periods.
''(C) Priority for additional positions resulting
from hospital closures.--With respect to additional
positions described in subparagraph (B)(i)(I) which are
derived from a reduction in limits under subparagraph
(A) for a hospital that closed (in this subparagraph
referred to as a 'closed hospital'), the Secretary
shall distribute the increase to hospitals in the
following priority order:
''(i) First, to other hospitals for the
program or programs under which the hospital
had a cooperative arrangement with the closed
hospital under which residents in the graduate
medical education program of the closed
hospital also rotated through the other
hospital.
''(ii) Second, to other hospitals that are
members of the same affiliated group of
hospitals as the closed hospital.
''(iii) Third, to other hospitals that are
located in the same or contiguous core-based
statistical area as the closed hospital.
''(D) Preference.--After applying subparagraph (C)
and the special consideration under subparagraph (B),
in determining for which hospitals the increase in the
otherwise applicable resident limit is provided under
subparagraph (B), the Secretary shall give preference
to hospitals--
''(i) that submit an application for new
residents in primary care and geriatric
medicine and in other specialties as determined
to be in demand under subparagraph (B)(ii)(I);
and
''(ii) that emphasize training in community
health centers and other community-based or
hospital-sponsored clinics, and private
physicians' offices, including physician
groups.
''(E) Paragraph (9) effective date defined.--In
this paragraph, the term 'paragraph (9) effective date'
means July 1 of the year that begins after the date of
the enactment of this paragraph.
''(F) Affiliation.--The provisions of this
paragraph shall be applied to hospitals which are
members of the same affiliated group (as defined by the
Secretary under paragraph (4)(H)(ii)) and the reference
resident level for each such hospital with respect to
the cost reporting period that results in the smallest
difference between the reference resident level and the
otherwise applicable resident limit.''.

SEC. 3. EXPANDING PRIMARY CARE BONUS TO CERTAIN UNDERSERVED
SPECIALTIES.

(a) In General.--Section 1833(x)(2)(A) of the Social Security Act
(42 U.S.C. 1395l(x)(2)(A)) is amended--
(1) in clause (i)--
(A) by striking ''or'' at the end of subclause (I);
(B) by striking ''and'' at the end of subclause
(II) and inserting ''or''; and
(C) by adding at the end the following new
subclause:
''(III) is a physician (as
described in section 1861(r)(1)) who is
in an underserved specialty, such as
psychiatry or neurology, as specified
by the Secretary, or other specialty
identified by the Secretary to be in
demand; and''; and
(2) in clause (ii), by inserting after ''(ii)'' the
following: ''in the case of an individual described in
subclause (I) or (II) of clause (i),''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to payments for items and services furnished on or after January
1, 2012.

SEC. 4. SMALL PHYSICIAN PRACTICE RESIDENCY CREDIT.

(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:

''SEC. 45S. SMALL PHYSICIAN PRACTICE RESIDENCY CREDIT.

''(a) In General.--For purposes of section 38, the amount of the
small physician practice residency credit determined under this section
for any taxable year with respect to a qualified small physician
practice is the sum of the following:
''(1) Overall amount.--The per resident dollar amount
multiplied by the number of qualified teaching hospital
residents who provide services to, and are trained by, such
practice during the taxable year and who are in their first,
second, or third post-graduate year of medical residency.
''(2) Bonus.--The sum of--
''(A) 50 percent of the per resident dollar amount
multiplied by the number of such residents who are in
their first post-graduate year of medical residency
during the taxable year; and
''(B) 25 percent of the per resident dollar amount
multiplied by the average number of such residents who
are not counted under subparagraph (A) and are in their
second post-graduate year during the taxable year.
''(b) Qualified Small Physician Practice.--For purposes of this
section, the term 'qualified small physician practice' means any trade
or business of providing physicians' services (as defined in section
1861(q) of the Social Security Act), which may be a community health
center, that is owned and operated by a doctor of medicine or
osteopathy if fewer than 50 individuals are employed in such trade or
business (including new training sites) and the trade or business
includes as part of the practice the training of doctors of medicine or
osteopathy in a rotation covering at least 6 months in the taxable
year. All persons treated as a single employer under subsection (a) or
(b) or section 52 or subsection (m) or (o) of section 414 shall be
treated as a single trade or business for purposes of the preceding
sentence.
''(c) Qualified Teaching Hospital Residents.--For purposes of this
section, the term 'qualified teaching hospital resident' means any
resident (within the meaning of subparagraph (I) of section 1886(h)(5)
of the Social Security Act) in an approved medical residency training
program (as defined in subparagraph (A) of such section) which provides
services to the qualified small physician practice (while utilizing the
technologies and supplies of such practice) for a period not less
than--
''(1) 4 weeks in the case of a primary care resident (as
defined in subparagraph (H) of such section); or
''(2) 2 weeks in the case of any other resident.
''(d) Per Resident Dollar Amount.--For purposes of this section,
the term 'per resident dollar amount' means, in the case of a qualified
small physician practice that includes as part of the practice the
training of doctors of medicine or osteopathy in a rotation covering--
''(1) at least 6 months but less than 9 months in the
taxable year, $2,500; or
''(2) at least 9 months in the taxable year, $3,000.
''(e) Residents Not Taken Into Account More Than Once.--A qualified
teaching hospital resident shall be taken into account under subsection
(a) for the taxable in which the period described in subsection (c)
ends and shall not be so taken into account for any other taxable
year.''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) of such Code (defining current year business credit) is amended
by striking ''plus'' at the end of paragraph (35), by striking the
period at the end of paragraph (36) and inserting '', plus'', and by
adding at the end the following new paragraph:
''(37) the small physician practice residency credit
determined under section 45S(a).''.
(c) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:

''Sec. 45S. Small physician practice residency credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
Example Output: Improving Physician Access in Teaching Hospitals (PATH) Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act with respect to distribution of additional resident positions as they affect calculation of payments for direct graduate medical education (DME) costs.

States that, if a hospital's resident level for each of the five most recent cost reporting periods is less than the otherwise applicable resident limit, then the otherwise applicable resident limit shall be reduced by the difference between it and the highest reference resident level for any of those five cost reporting periods. Excepts from this reduction requirement a hospital: (1) located in a rural area with fewer than 250 beds, or (2) that has had in effect a voluntary residency reduction plan.

Requires the Secretary of Health and Human Services (HHS) to increase the otherwise applicable resident limit (create additional residency slots) for applicant hospitals according to a specified formula that takes into account the aggregate reduction in limits attributable to this Act.

Expands the primary care bonus to certain underserved specialties, such as psychiatry or neurology.

Amends the Internal Revenue Code to allow a small physician practice residency credit.

Example Input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Homeowners' Emergency Mortgage
Assistance Act''.

SEC. 2. MORTGAGE EMERGENCY ASSISTANCE PROGRAM.

(a) In General.--The Secretary shall establish a program to make
payments on a mortgage insured under the National Housing Act for a 1-
to 4-family residence when--
(1) the mortgagee has given the mortgagor notice in
accordance with section 3(b) that it intends to foreclose the
mortgage;
(2) at least 2 full monthly installments due on the
mortgage are unpaid after the application of any partial
payments that may have been accepted but not yet applied to the
mortgage account;
(3) the mortgagor is suffering financial hardship due to
circumstances beyond the control of the mortgagor which render
the mortgagor unable to correct the delinquency on the mortgage
and unable to make full mortgage payments before the expiration
of the 60-day period beginning on the date that notice was sent
to the mortgagor in accordance with section 3(b);
(4) there is a reasonable prospect that the mortgagor will
be able to resume full mortgage payments not later than 36
months after the beginning of the period for which assistance
payments are provided and to pay the mortgage in full by its
maturity date or by a later date agreed upon by the mortgagee;
(5) the property mortgaged is the mortgagor's principal
place of residence;
(6) the mortgagor does not own other property which is
subject to a mortgage insured or held by the Secretary;
(7) the mortgagor has applied to the Secretary for
assistance in accordance with section 4; and
(8) the mortgagor has not been more than 60 days in arrears
on a residential mortgage within the 2-year period preceding
the delinquency for which assistance is requested, unless the
mortgagor can demonstrate that the prior delinquency was the
result of financial hardship due to circumstances beyond the
control of the mortgagor.
(b) Effect of Finding of Ineligibility.--If, after reviewing an
application for assistance submitted in accordance with section 4, the
Secretary determines that the mortgagor has not met the conditions of
eligibility described in subsection (a), the mortgagor shall be
prohibited from reapplying for assistance under this Act until the
expiration of the 6-month period beginning on the date of such
determination unless there is a material change in the financial
circumstances of the mortgagor.
(c) Determination Relating to Financial Hardship.--In determining
whether a financial hardship (which may be caused by a reduction in
income or an increase in expenses, or both) is due to circumstances
beyond the control of a mortgagor, the Secretary may consider
information regarding the mortgagor's employment record, credit
history, and current income. Such circumstances shall include, but not
be limited to--
(1) loss of job of a member of the household;
(2) salary, wage or earnings reduction of a member of the
household;
(3) injury, disability or illness of a member of the
household;
(4) divorce or separation in the household; or
(5) death of a member of the household.
(d) Housing Counseling Agencies.--The Secretary shall designate and
approve nonprofit housing counseling agencies in each State to be
available to assist the Secretary in implementing the program
established pursuant to subsection (a) of this section and to section
4(b)(1)(A). Nonprofit housing agencies designated and approved under
this subsection shall provide assistance to an eligible mortgagor
during the entire period that such mortgagor receives assistance under
this Act.

SEC. 3. LEGAL ACTION.

(a) Conditions Under Which Legal Action Is Prohibited.--Except as
otherwise provided in the Act, a mortgagee of a mortgage which is
insured under the National Housing Act for a 1- to 4-family residence
may not accelerate the maturity of or commence any legal action
regarding such a mortgage (including, but not limited to, mortgage
foreclosure to recover under such obligation) or take possession of any
security of the mortgagor for such mortgage obligation unless the
mortgagee has sent to the mortgagor notice pursuant to subsection (b).
In addition, the mortgagee may not take such action--
(1) before the expiration of the 30-day period beginning on
the date that notice of the intent to take such action was sent
to the mortgagor in accordance with subsection (b);
(2) before the expiration of the 30-day period beginning on
the date of the initial meeting between the mortgagor and an
approved counseling agency held in accordance with section
4(a);
(3) if an application for such assistance under this Act
has been submitted to the Secretary on behalf of the mortgagor
and such application--
(A) is pending; or
(B) has been approved but payments have not yet
been made toward the mortgage; or
(4) if payment toward the mortgage is being made under this
Act.
(b) Requirements of Notice.--The Secretary shall issue regulations
that include, but are not limited to, a uniform notice under this
section. Such notice shall be in plain language and shall--
(1) inform the mortgagor in large bold type that he or she
may be eligible for temporary assistance in making mortgage
payments;
(2) include an explanation of the mortgage assistance
program under this Act;
(3) inform the mortgagor that to apply for mortgage
assistance, he or she shall attend a meeting in accordance with
section 4(a) within 30 days of the date of the notice;
(4) include the legal action intended and the basis
therefore;
(5) include a list of approved counseling agencies located
in the State in which the mortgagor resides;
(6) be sent via first class mail to the last known address
of the mortgagor; and
(7) be subject to such other requirements as prescribed by
the Secretary.

SEC. 4. APPLICATION FOR ASSISTANCE.

(a) Meeting.--
(1) In general.--To apply for assistance under this Act,
not later than 30 days after receiving notice in accordance
with section 3(b), a mortgagor shall attend a face to face
meeting with the mortgagee or an approved counseling agency to
attempt to prevent legal action for which the notice was sent
by restructuring the mortgage payment schedule. A meeting under
this paragraph may be conducted over the telephone under
circumstances prescribed by the Secretary.
(2) Notice.--If the mortgagor meets with the approved
counseling agency within the period specified in paragraph (1),
the approved counseling agency shall send notice of the meeting
which includes, but is not limited to, the date of the meeting,
to the mortgagee not later than 5 business days after the
meeting.
(b) Preparation; Submission.--
(1) In general.--If the mortgagor is not able to resolve
the default and prevent foreclosure before the expiration of
the 30-day period beginning on the date of the meeting, the
mortgagor may file an application for mortgage assistance under
this Act. At the request of the mortgagor, an approved
counseling agency shall--
(A) assist the mortgagor in preparing an
application for assistance under this Act; and
(B) not later than 30 days after the mortgagor
initially requests assistance in the preparation of the
application, submit the completed application to the
Secretary.
(2) Fees.--The Secretary may pay approved counseling
agencies a fee, in an amount determined by the Secretary, for
rendering assistance pursuant to this Act.
(c) Notice to Mortgagee.--If the approved counseling agency submits
an application for assistance to the Secretary on behalf of a
mortgagor, the approved counseling agency shall, not later than 5
business days after submitting the application, inform the mortgagee of
the date that the application was submitted.
(d) Form; Contents.--An application for assistance under this Act
shall be submitted on a form prescribed by the Secretary and shall
include a financial statement disclosing all assets and liabilities of
the mortgagor, whether singly or jointly held, and all household income
regardless of source.
(e) Effect of Misrepresentation.--A mortgagor who intentionally
misrepresents any financial information in connection with the filing
of an application for assistance under this Act may be denied
assistance and required to immediately repay any amount of assistance
received, and the mortgagee may, at any time thereafter, take any legal
action to enforce the mortgage without any further restrictions or
requirements under this Act.
(f) Availability.--An application for assistance under this Act may
be obtained from an approved counseling agency.
(g) Determination on Application.--
(1) Time period.--The Secretary shall determine eligibility
of a mortgagor for assistance under this Act not later than 60
days after receipt of the application of the mortgagor.
(2) Notification.--Not later than 5 business days after
making the determination on an application for assistance, the
Secretary shall notify the mortgagor and the mortgagee as to
whether the application has been approved or disapproved.

SEC. 5. ASSISTANCE PAYMENTS BY SECRETARY.

(a) Amount to Bring Mortgage Current.--If the Secretary determines
that a mortgagor is eligible for assistance under this Act, the
Secretary shall pay to the mortgagee from the Mutual Mortgage Insurance
Fund the full amount due to the mortgagee pursuant to the terms of the
mortgage without regard to any acceleration under the mortgage, or the
full amount of any alternative mortgage payments agreed to by the
mortgagee and mortgagor on the date that the application is approved by
the Secretary. This amount shall include the amount of principal,
interest, taxes, assessments, ground rents, hazard insurance, any
mortgage insurance or credit insurance premiums, and reasonable
attorneys' fees incurred by such mortgagee in relation to the
arrearage.
(b) Monthly Assistance Payments.--
(1) In general.--The Secretary shall make monthly mortgage
assistance payments to the mortgagee on behalf of the mortgagor
pursuant to this Act.
(2) Obligation of the mortgagor.--A mortgagor on whose
behalf the Secretary is making the mortgage assistance payments
shall pay monthly payments to the Secretary. Such payments
shall be in an amount which will cause the mortgagor's total
housing expense not to exceed 35 percent of the mortgagor's net
effective income. This shall be the maximum amount the
mortgagor can be required to pay during the 36 months a
mortgagor is eligible for mortgage assistance.
(3) Obligation of the secretary.--Upon receipt of this
payment from the mortgagor, the Secretary or the Secretary's
duly authorized agent shall send the total mortgage payment
directly to the mortgagee.
(c) Review Upon Delinquency.--If the mortgagor fails to pay to the
Secretary any amounts due directly from the mortgagor under this
section not later than 15 days after such due date, the Secretary or
its designated agent shall review the mortgagor's financial
circumstances to determine whether a delinquency in payments due from
the mortgagor under this section or section 6 is the result of a change
in the mortgagor's financial circumstances since the payment amount was
last determined. If the delinquency is not the result of a change in
the mortgagor's financial circumstances, the Secretary shall terminate
future mortgage assistance payments and the mortgagee may, at any time
thereafter, take any legal action to enforce its mortgage without any
further restriction or requirement. If the delinquency is the result of
such a change, the Secretary shall modify the mortgagor's required
payments to the Secretary as the Secretary shall determine.
(d) Period for Assistance.--Payments under this Act shall be
provided for a period not to exceed 36 months, either consecutively or
nonconsecutively. The Secretary shall establish procedures for periodic
review of the mortgagor's financial circumstances for the purpose of
determining the necessity for continuation, termination, or adjustment
of the amount of the payments.

SEC. 6. REPAYMENT OF ASSISTANCE.

(a) Assistance Loan.--The amount by which the assistance payments
made by the Secretary to the mortgagee exceeds the amount of payments
made by the mortgagor to the Secretary shall be a loan by the Secretary
to the mortgagor. The loan shall be evidenced by such documents as the
Secretary shall determine necessary to protect the interests of the
United States.
(b) Repayment of Assistance Loan.--Before making assistance
payments under this Act on behalf of a mortgagor, the Secretary shall
enter into an agreement with the mortgagor for repayment of all
mortgage assistance made by the Secretary under section 5, plus
interest as provided in subsection (c). The agreement shall provide for
monthly payments by the mortgagor to the Secretary which (1) shall
begin once the Secretary has determined that continuation of mortgage
assistance payments to the mortgagee is unnecessary, and (2) shall be
in an amount determined as follows:
(1) Housing expense less than 35 percent.--If the
mortgagor's total housing expense is less than 35 percent of
the mortgagor's net effective income, the mortgagor shall pay
to the Secretary the difference between 35 percent of the
mortgagor's net effective income and the mortgagor's total
housing expense unless otherwise determined by the Secretary
after examining the mortgagor's financial circumstances and
ability to contribute to repayment of the mortgage assistance.
(2) Housing expense greater than 35 percent.--If the
mortgagor's total housing expense is more than 35 percent of
the mortgagor's net effective income, repayment of the mortgage
assistance shall be deferred until the mortgagor's total
housing expense is less than 35 percent of the mortgagor's net
effective income.
(3) When mortgage paid in full.--Notwithstanding paragraphs
(1) and (2), if repayment of mortgage assistance is not made by
the date that the mortgage is paid in full, the mortgagor shall
make mortgage assistance repayments in an amount not less than
the previous regular mortgage payment until the mortgage
assistance is repaid.
(c) Interest.--Interest shall accrue on all mortgage assistance
made under this Act at the rate determined monthly by the Secretary of
the Treasury to be equal to the then current average yield on
outstanding 30-year bonds issued by the Secretary of the Treasury under
section 3102 of title 31, United States Code, and shall accrue only
during the period in which the mortgagor is required to make repayment
under this section.
(d) Lien to Secure Repayment of Assistance.--Repayment of amounts
owed to the Secretary from a mortgagor shall be secured by a mortgage
lien on the property and by such other obligation as the Secretary may
require. The lien or other security interest of the Secretary shall not
be deemed to take priority over any other secured lien or secured
interest in effect against the mortgagor's property on the date
assistance payments begin. The Secretary may allow subordination of the
mortgage assistance lien only if such subordination is necessary to
permit the mortgagor to obtain a home improvement loan for repairs
necessary to preserve the property.
(e) Time for Repayment.--Payments under this section shall be made
by the mortgagor to the Secretary not later than 14 days after each
mortgage payment is due under the mortgage (or in the case of repayment
after the mortgage has been paid in full, not later than the date the
mortgage payments were due under the mortgage).

SEC. 7. DEFINITIONS.

For the purposes of this Act, the following definitions apply:
(1) Approved counseling agency.--The term ''approved
counseling agency'' means a nonprofit housing counseling agency
approved by the Secretary pursuant to section 2(e).
(2) Gross household income.--The term ''gross household
income'' means the total income of a mortgagor, the mortgagor's
spouse, children residing in the same residence as the
mortgagor, and any other person living in such residence that
is declared by the mortgagor as a dependent for Federal income
tax purposes.
(3) Household.--The term ''household'' means a mortgagor,
the mortgagor's spouse, children residing in the same residence
as the mortgagor, and any other person living in such residence
that is declared by the mortgagor as a dependent for Federal
income tax purposes.
(4) Housing expense.--The term ''housing expense'' means
the sum of the mortgagor's monthly maintenance, utility, and
hazard insurance expense, taxes, and required mortgage
payments, including escrows.
(5) Mortgagee; mortgagor.--The terms ''mortgagee'' and
''mortgagor'' have the meanings given such terms in section 201
of the National Housing Act (12 U.S.C. 1707).
(6) Net effective income.--The term ''net effective
income'' means the gross household income of the mortgagor,
less city, State, and Federal income and social security taxes.
(7) Secretary.--The term ''Secretary'' means the Secretary
of Housing and Urban Development.
Example Output:
Homeowners' Emergency Mortgage Assistance Act - Directs the Secretary of Housing and Urban Development to establish a mortgage emergency assistance program for qualifying homeowners with National Housing Act-insured mortgages who are temporarily unable to meet their obligations due to financial hardship beyond their control.

Requires: (1) homeowner repayment of such assistance and interest; and (2) certain conditions to be met before legal action may be taken against a qualifying homeowner, including providing the homeowner with program notice.