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

Ex Input:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Landowners Equal Treatment Act of
1999''.

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings.--The Congress finds and declares the following:
(1) The Secretary of the Interior, through the United
States Fish and Wildlife Service, recently demanded and
received compensation for the loss of use of federally owned
property resulting from constructive use of the property for
other public purposes, in an amount of approximately
$26,000,000.
(2) The Secretary of Transportation has promulgated a
regulation allowing for compensation of Federal agencies for
the lost use of agency property for public purposes, through a
definition of the term ''constructive use'' that includes off-
site impacts of Federal agency actions on federally owned
property.
(3) The Federal Government enjoys no right under the
Constitution to compensation for use of Federal agency property
for other public purposes, while the rights of private persons
to be compensated for the taking of their property by the
Government for a public purpose is a fundamental right
protected by the Fifth and Fourteenth Amendments to the
Constitution.
(4) Private property owners should be compensated in a
manner that is at least as equitable as the compensation
afforded to Federal agencies when their property is used or
constructively used for other public purposes.
(5) Fair and equitable treatment of private property owners
will increase the willingness of private property owners to
provide habitat for wildlife and plants protected under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(b) Purpose.--The purpose of this Act is to increase the efforts of
private property owners to protect and restore habitat for wildlife, by
ensuring that their constitutional and legal property rights will be
honored, respected, and protected in the implementation of the
Endangered Species Act of 1973.

SEC. 3. MINIMIZING IMPACTS ON PRIVATE PROPERTY.

The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is
amended by adding at the end the following new section:

''minimizing impacts on private property

''Sec. 19. (a) In General.--In implementing this Act, the head of
an agency shall make every possible effort to avoid, minimize, or
mitigate impacts on non-Federal property that result in Federal use of
the property as a direct result of the action of the agency head under
this Act or in furtherance of the purposes of this Act. An agency shall
not take action that results in a Federal use of non-Federal property
under this Act unless the agency--
''(1) obtains the written permission of its owner;
''(2) negotiates a voluntary agreement authorizing that
use; or
''(3) pays compensation in accordance with this section.
''(b) Compensation for Federal Use of Non-Federal Property.--An
agency that takes action under this Act or in furtherance of the
purposes of this Act that results in a Federal use of non-Federal
property or any portion of non-Federal property without the written
consent of the owner of the property shall compensate the owner for the
fair market value of the Federal use of the property or portion.
Compensation paid shall reflect the duration of the Federal use as
necessary to achieve the purposes of this Act.
''(c) Request of Owner.--An owner of non-Federal property seeking
compensation under this section shall make a written request for
compensation to the agency implementing the agency action resulting in
the Federal use of property. The request shall, at a minimum, identify
the affected portion of the property, the nature of the Federal use of
non-Federal property for which the compensation is sought, and the
amount of compensation sought.
''(d) Negotiations.--The agency may negotiate with the owner to
reach agreement on the amount of the compensation under this section,
the terms of any agreement for payment, and the terms of any Federal
use of non-Federal property for which compensation is paid. If such an
agreement is reached, the agency shall within 6 months pay the owner
the amount agreed upon. An agreement under this section may include a
transfer of title or an agreement to limit the period of time of the
Federal use of non-Federal property.
''(e) Choice of Remedies.--If, not later than 180 days after the
written request is made, the parties have not reached an agreement on
compensation, the owner of the property may elect binding arbitration
or seek compensation due under this section in a civil action.
''(f) Arbitration.--The procedures that govern the arbitration
shall, as nearly as practicable, be those established under title 9,
United States Code, for arbitration proceedings to which that title
applies. An award made in such arbitration shall include a reasonable
attorney's fee and other arbitration costs, including appraisal fees.
The agency shall promptly pay any award made to the owner.
''(g) Civil Actions.--A civil action to enforce this section may be
filed under section 11(g). An owner who prevails in a civil action
against the agency pursuant to this section shall be entitled to, and
the agency shall be liable for, the amount of compensation awarded plus
reasonable attorney's fees and other litigation costs, including
appraisal fees. The court shall award interest on the amount of any
compensation from the time of the Federal use of non-Federal property.
''(h) Source of Payments.--Any payment made under this section to
an owner of property and any judgment obtained by an owner of property
in a civil action under this section shall, notwithstanding any other
provision of law, be made from the annual appropriation of the agency
that took the agency action giving rise to the payment or civil action.
If the agency action resulted from a requirement imposed by another
agency, then the agency making the payment or satisfying the judgment
may seek partial or complete reimbursement from the appropriated funds
of the other agency. For this purpose, the head of the agency concerned
may transfer or reprogram any appropriated funds available to the
agency. If insufficient funds exist for the payment or to satisfy the
judgment, it shall be the duty of the head of the agency to seek the
appropriation of such funds for the next fiscal year.
''(i) Availability of Appropriations.--Notwithstanding any other
provision of law, any obligation of the United States to make any
payment under this section shall be subject to the availability of
appropriations.
''(j) Duty of Notice to Owners.--An agency may not take any action
that is a Federal use of non-Federal property unless the agency has
given 30 days notice to each owner of the property directly affected
explaining their rights under this section and either obtaining their
permission for the Federal use or providing the procedures for
obtaining any compensation that may be available under this section.
''(k) Rules of Construction.--The following rules of construction
shall apply to this Act:
''(1) Other rights preserved.--Nothing in this Act shall be
construed to limit any right to compensation that exists under
the Constitution or under other laws.
''(2) Extent of federal authority.--Payment of compensation
under this section (other than when property is bought by the
Federal Government at the option of the owner) shall not confer
any rights on the Federal Government other than the Federal use
of non-Federal property agreed to so that the agency action may
achieve the species conservation purposes of this Act.
''(l) Definitions.--For the purposes of this section:
''(1) Agency.--The term 'agency' has the meaning given that
term in section 551 of title 5, United States Code.
''(2) Federal use.--(A) The term 'Federal use' means--
''(i) any action under this Act to--
''(I) permanently incorporate non-Federal
property into a Federal facility;
''(II) place non-Federal property under the
control of the Secretary; or
''(III) temporarily occupy non-Federal
property in a manner that is adverse to the
constitutional right of the owner of the
property against taking of the property by the
Federal Government; and
''(ii) any constructive use of non-Federal
property.
''(B) In this paragraph the term 'constructive use' means
any action described in subparagraph (C) taken under this Act
that results in--
''(i) substantial diminution in the normal or
reasonably expected uses of non-Federal property;
''(ii) a reduction in the fair market value of non-
Federal property of 25 percent or more; or
''(iii) in the case of the right to receive water,
any diminution in the quantity of water received or
available for use.
''(C) The actions referred to in subparagraph (B) are the
following:
''(i) The imposition or enforcement of a
prohibition of use of non-Federal property the purpose
of which is to provide or retain habitat for any
species of wildlife or plant determined to be an
endangered species or threatened species.
''(ii) A designation of non-Federal property as
critical habitat under this Act.
''(iii) The denial of a permit under section 10
that results in the loss of the ability to use non-
Federal property in order to provide habitat for
wildlife or plants.
''(iv) An agency action pursuant to a reasonable
and prudent alternative suggested by the Secretary
under section 7, that would cause an agency to restrict
the use of non-Federal property.
''(v) The imposition by any governmental entity of
a limitation or restriction on an otherwise permissible
use of non-Federal property by the owner of the
property, as a condition of a Federal agency providing
any land, money, permit, or other benefit to the
governmental entity, if imposition of the limitation or
restriction by the agency directly would constitute a
Federal use of non-Federal property under the other
provisions of this paragraph, unless the governmental
entity has some other legal basis for imposing the
limitation or restriction.
''(3) Fair market value.--The term 'fair market value'
means the most probable price at which property or a right to
use property would change hands, in a competitive and open
market under all conditions requisite to fair sale, between a
willing buyer and willing seller, neither being under any
compulsion to buy or sell and both having reasonable knowledge
of relevant facts, and without regard to the presence of any
species protected under this Act. With respect to a right to
use property, fair market value shall be determined on or
immediately before the exercise of the right.
''(4) Law of the state.--The term 'law of the State'
includes the law of a political subdivision of a State.
''(5) Non-federal property.--The term 'non-Federal
property' means property which is owned by a person other than
any Federal entity of government.
''(6) Property.--The term 'property' means land, an
interest in land, the right to use or receive water, and any
personal property, as defined under the law of the State.''.

Ex Output:
Landowners Equal Treatment Act of 1999 - Amends the Endangered Species Act of 1973 to require the head of an agency to make every possible effort to avoid, minimize, or mitigate impacts on non-Federal property that result from Federal use of the property (including constructive use) as a direct result of an agency action under such Act (including actions to provide or retain habitat for endangered or threatened species or to designate non-Federal property as critical habitat). Prohibits an agency from taking action under such Act that results in a Federal use of non-Federal property unless it: (1) obtains the landowner's permission; (2) negotiates a voluntary agreement authorizing such use; or (3) compensates the landowner for the fair market value of the Federal use. Sets forth provisions governing landowner requests for compensation, compensation negotiations, arbitration or civil actions to resolve compensation disagreements, and payment of compensation from an agency's annual appropriations.
Prohibits an agency from taking any action that is a Federal use of non-Federal property unless it has given 30 days notice to each property owner directly affected explaining their rights and either obtaining their permission or providing procedures for obtaining compensation.

Ex Input:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Medical Device Cybersecurity Act of
2017''.

SEC. 2. CYBERSECURITY FOR MEDICAL DEVICES.

(a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 520
(21 U.S.C. 360j) the following--

''SEC. 520A. CYBERSECURITY FOR DEVICES.

''(a) Definitions.--In this section:
''(1) Cyber device.--The term 'cyber device' means any
device that has network or Internet connectivity (such as near
field communication (NFC), Bluetooth, or WiFi), connects to an
external storage device or external media (such as a universal
serial bus (USB) or a compact disk), or has any other cyber
capability.
''(2) Cybersecurity fix or update.--The term 'cybersecurity
fix or update' means any modification to a cyber device that
addresses a software, firmware, or hardware error or known
vulnerability, or a security update, and does not change the
therapeutic or diagnostic function of the device.
''(b) Transparency of Risk Prior to Marketing.--
''(1) Report card.--
''(A) In general.--The Secretary, in coordination
with the entities described in subparagraph (B), shall
develop a report card for indicating the cybersecurity
functions of cyber devices. The report card shall
contain the contents described in paragraph (2) and be
disclosed in accordance with paragraph (3).
''(B) Coordination.--The entities described in this
subparagraph are the following:
''(i) The National Institute of Standards
and Technology.
''(ii) The Secretary of Homeland Security.
''(iii) The National Coordination Office
supporting the Networking and Information
Technology Research and Development Program.
''(iv) The Federal Trade Commission.
''(v) Any other relevant agency, or
cybersecurity or medical device industry group,
as determined by the Secretary.
''(2) Contents of report card.--Each report card shall
contain each of the following:
''(A) Information pertaining to all essential
elements described in the most recent version of the
Manufacturer Disclosure Statement for Medical Device
Security, as set forth by the Healthcare Information
and Management Systems Society and the National
Electrical Manufacturers Association.
''(B) A traceability matrix, accepted by the
Secretary, that--
''(i) redacts content that is confidential,
as determined by the Secretary; and
''(ii) establishes design components and
traces such components to design compensating
controls.
''(C) A description of any manufacturer
compensating controls that--
''(i) effectively address known common
vulnerabilities and exposures; and
''(ii) provide providers with industry
standard compensating controls for improving
cybersecurity.
''(D) A description of--
''(i) any cybersecurity evaluation
conducted on the device, including any testing,
validation, or verification of the device;
''(ii) who conducted such evaluation; and
''(iii) the results of such evaluation.
''(E) A cybersecurity risk assessment conducted by
the manufacturer, or a third party, explaining the risk
of the device to patient safety and clinical hazards.
''(F) An indication of whether the device is
capable of being remotely accessed. If the device is
capable of being remotely accessed, an indication of
any security measures and access protocols the device
has in place to secure such access.
''(3) Disclosure of report card.--
''(A) Clearance or approval.--The manufacturer of
any cyber device shall include the report card in any
notification to the Secretary under section 510(k) or
any application for premarket approval under section
515(c), as applicable.
''(B) Public accessibility.--
''(i) In general.--The Secretary shall
provide a copy of the report card to any entity
described in clause (ii) that submits a request
for such copy to the Secretary.
''(ii) Entities permitted access.--An
entity described in this clause is--
''(I) any health care industry
entity, consisting of any provider,
device manufacturer, the Federal
Government, health care information
security researchers, and health care
academia; and
''(II) any entity determined by the
Secretary to have a valid interest in
the report card.
''(C) Updated report card.--For as long as the
cyber device receives technical support from the
manufacturer or any other third party authorized by the
manufacturer, the manufacturer shall submit to the
Secretary an annual update to the report card.
''(c) Protecting Remote Access to Managed Solutions.--
''(1) In general.--A manufacturer of a cyber device shall:
''(A) In order to remotely access such device after
selling, or otherwise transferring ownership of, the
device, obtain consent for such access from the
provider owning or operating the device and from any
patient on which the device is used. Such consent may
be in the form of an agreement entered into between the
provider and the manufacturer at the time the device is
sold to the provider, and may be for the manufacturer
to remotely access the device at times specified in
such agreement or by an agreement between the
manufacturer and provider entered into thereafter. In
the case of an agreement described in the previous
sentence, consent of the patient may be obtained
through the provider notifying the patient of such
agreement.
''(B) For any cyber device that the manufacturer
may remotely access in accordance with subparagraph
(A):
''(i) Notify the provider when the
manufacturer accesses the device remotely,
including the name of the person with such
access, the kinds of tasks that can be
performed through such access, and the software
used to access the device. Such notification
can be in the form of an audit log described in
clause (ii) if the audit log is readily
available to the provider.
''(ii) Maintain an audit log for each time
the manufacturer accesses the device remotely
and make such log accessible to the provider.
''(C) Except as provided in paragraph (2), for any
cyber device that has the capability to be accessed
remotely by the manufacturer or any other entity:
''(i) Implement multi-factor authentication
for accessing any cyber capability of the
device.
''(ii) Secure data in motion and data at
rest with data encryption, and other best
practices, approved by the National Institute
of Standards and Technology.
''(iii) Install automated tools to track
access, or identify attempts at unauthorized
access, to any cyber capability of the device.
''(iv) Adopt whitelisting approaches and
changeable passwords for accessing any cyber
capability of the device.
''(v) Comply with the remote access
provisions recommended by the National
Institute of Standards and Technology, in the
document entitled 'Security for Telecommuting
and Broadband Communications (NIST Special
Publication 800-46)', published in August 2002.
''(2) Exceptions.--A manufacturer may submit a petition to
the Secretary to exempt a cyber device from any requirement
under paragraph (1)(C). The Secretary may grant such an
exemption if it determines that the manufacturer can prove the
exemption would pose not more than a minimal risk to patient
health, minimal risk to privacy, and minimal risk of a cyber
vulnerability.
''(d) Cybersecurity Fixes or Updates.--
''(1) Re-clearance or reapproval.--Unless at the request of
the Secretary due to a unique and extenuating circumstance, any
cybersecurity fix or update shall not require a new
notification under section 510(k) or application for premarket
approval under section 515(c).
''(2) Free cybersecurity fixes or updates.--A manufacturer
of a cyber device shall provide any cybersecurity fix or update
to the device free of charge until--
''(A) the date on which any agreement to provide
such fixes or updates, entered into between the
manufacturer (or a third party authorized by the
manufacturer) and a provider, expires; or
''(B) if no agreement described in subparagraph (A)
is in effect, the date that is 10 years after the date
on which the manufacturer discontinues marketing the
device.
''(e) End-of-Life Device.--Not later than 90 days after a
manufacturer declares that it will no longer sell a cyber device, the
manufacturer of such device shall--
''(1) shall provide any provider owning or operating the
device with the report card, as most recently updated under
subsection (b)(3)(C);
''(2) to the extent practicable, inform any provider owning
or operating the device that the manufacturer will no longer be
manufacturing such device;
''(3) provide notice to any provider owning or operating
the device of the date on which the last cybersecurity fix or
update will be provided by the manufacturer;
''(4) notify the Secretary of such declaration; and
''(5) provide any provider owning or operating the device
with the following information related to the device:
''(A) Compensating controls on how to securely
configure the cyber device if the device stays in
operation past the date on which the manufacturer stops
providing cybsecurity fixes or updates under subsection
(d)(2).
''(B) Documentation on secure preparation for
recycling and disposal of the device.
''(C) Specific guidance regarding supporting
infrastructure architecture, including network
segmentation and device isolation requirements.
''(D) Instructions on how to delete any personally
identifiable information, protected health information,
or other site-specific sensitive data such as
configuration files.
''(f) Applicability.--This section shall not apply with respect to
any cyber device for which, prior to the enactment of the Medical
Device Cybersecurity Act of 2017, a notification was submitted under
section 510(k), or for which an application for premarket approval was
submitted under section 515(c).''.
(b) Enforcement.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
''(eee) The failure to comply with subsection (b), (c), (d), or (e)
of section 520A.''.
(c) Expansion of ICS-CERT Responsibilities.--
(1) Definitions.--In this subsection:
(A) Cyber device.--The term ''cyber device'' has
the meaning given the term in section 520A of the
Federal Food, Drug, and Cosmetic Act, as added by
subsection (a).
(B) ICS-CERT.--The term ''ICS-CERT'' means the
Industrial Control Systems Cyber Emergency Response
Team of the National Cybersecurity and Communications
Integration Center established under section 227 of the
Homeland Security Act of 2002 (6 U.S.C. 148).
(C) Under secretary.--The term ''Under Secretary''
means the Under Secretary appointed under section
103(a)(1)(H) of the Homeland Security Act of 2002 (6
U.S.C. 113(a)(1)(H)).
(2) Expansion.--Not later than 180 days after the date of
enactment of this Act, the Under Secretary shall expand the
duties and mission of ICS-CERT to include--
(A) investigating cybersecurity vulnerabilities of
cyber devices that may cause harm to human life or
significant misuse of personal health information, as
determined necessary by ICS-CERT or at the request of
the Under Secretary; and
(B) coordinating device-specific responses to
cybersecurity incidents and vulnerabilities with
respect to cyber devices.
(3) Consultation.--In carrying out paragraph (2), the Under
Secretary shall consult with relevant agencies within the Food
and Drug Administration, the Department of Health and Human
Services, the National Institute of Standards and Technology,
the National Coordination Office for Networking and Information
Technology Research and Development, the Federal Trade
Commission, and experts in the cybersecurity and medical device
industries.
(4) Coordinated disclosure.--Not later than 6 months after
the date of enactment of this Act, the Secretary of Homeland
Security shall issue rules relating to the coordinated
disclosure of controlled and uncontrolled cybersecurity
vulnerabilities of cyber devices, which shall--
(A) outline the roles and responsibilities of ICS-
CERT and manufacturers and providers of cyber devices;
(B) provide timelines for all required actions; and
(C) provide for the enforcement of cooperation
between ICS-CERT and manufacturers and providers of
cyber devices.
(5) Report.--Not later than 1 year after the date of
enactment of this Act, the Under Secretary shall submit to
Congress a report detailing the expanded duties and mission of
ICS-CERT under paragraph (2).

Ex Output:
Medical Device Cybersecurity Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA), in coordination with others,to create a cybersecurity report card for devices that have network or Internet connectivity, connect to an external drive or external media, or have any other cyber capability. Report cards must contain specified information, including: (1) information pertaining to the essential elements described in the most recent version of the Manufacturer Disclosure Statement for Medical Device Security, (2) a cybersecurity risk assessment conducted by the manufacturer or third party, and (3) whether the device is capable of being accessed remotely. A cyber device manufacturer must includea report card in any premarket notification or application for premarket approval. TheFDA shall provide a copy of a device's report cardif requestedby a health care industry entity or an entity with a valid interest in the report card. The bill establishes procedures, including notifications toproviders and patients,for manufacturerswhen cyber devices areremotely accessed or no longer going to be sold. Fixes and updates to cyber devices must be free of charge for specified time periods. The bill expands the responsibilities of the Department of Homeland Security'sIndustrial Control Systems Cyber Emergency Response Team to include investigating cybersecurity vulnerabilities of cyber devices that may cause harm to human life or the significant misuse of personal health information, and coordinating device-specific responses.

Ex Input:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Lifespan Respite Care Act of 2005''.

SEC. 2. LIFESPAN RESPITE CARE.

The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:

''TITLE XXIX--LIFESPAN RESPITE CARE

''SEC. 2901. FINDINGS AND PURPOSES.

''(a) Findings.--Congress finds that--
''(1) an estimated 26,000,000 individuals in the United
States care each year for 1 or more adult family members or
friends who are chronically ill, disabled, or terminally ill;
''(2) an estimated 18,000,000 children in the United States
have chronic physical, developmental, behavioral, or emotional
conditions that demand caregiver monitoring, management,
supervision, or treatment beyond that required of children
generally;
''(3) nearly 4,000,000 individuals in the United States of
all ages who have mental retardation or another developmental
disability live with their families;
''(4) almost 25 percent of the Nation's elders experience
multiple chronic disabling conditions that make it necessary to
rely on others for help in meeting their daily needs;
''(5) every year, approximately 600,000 Americans die at
home and many of these individuals rely on extensive family
caregiving before their death;
''(6) of all individuals in the United States needing
assistance in daily living, 42 percent are under age 65;
''(7) there are insufficient resources to replace family
caregivers with paid workers;
''(8) if services provided by family caregivers had to be
replaced with paid services, it would cost approximately
$200,000,000,000 annually;
''(9) the family caregiver role is personally rewarding but
can result in substantial emotional, physical, and financial
hardship;
''(10) approximately 75 percent of family caregivers are
women;
''(11) family caregivers often do not know where to find
information about available respite care or how to access it;
''(12) available respite care programs are insufficient to
meet the need and are directed at primarily lower income
populations and family caregivers of the elderly, leaving large
numbers of family caregivers without adequate support; and
''(13) the limited number of available respite care
programs find it difficult to recruit appropriately trained
respite workers.
''(b) Purposes.--The purposes of this title are--
''(1) to encourage States to establish State and local
lifespan respite care programs;
''(2) to improve and coordinate the dissemination of
respite care information and resources to family caregivers;
''(3) to provide, supplement, or improve respite care
services to family caregivers;
''(4) to promote innovative, flexible, and comprehensive
approaches to--
''(A) the delivery of respite care;
''(B) respite care worker and volunteer recruitment
and training programs; and
''(C) training programs for family caregivers to
assist such family caregivers in making informed
decisions about respite care services;
''(5) to support evaluative research to identify effective
respite care services that alleviate, reduce, or minimize any
negative consequences of caregiving; and
''(6) to promote the dissemination of results, findings,
and information from programs and research projects relating to
respite care delivery, family caregiver strain, respite care
worker and volunteer recruitment and training, and training
programs for family caregivers that assist such family
caregivers in making informed decisions about respite care
services.

''SEC. 2902. DEFINITIONS.

''In this title:
''(1) Eligible recipient.--The term 'eligible recipient'
means--
''(A) a State agency;
''(B) any other public entity that is capable of
operating on a statewide basis;
''(C) a private, nonprofit organization that is
capable of operating on a statewide basis;
''(D) a political subdivision of a State that has a
population of not less than 3,000,000 individuals; or
''(E) any recognized State respite coordinating
agency that has--
''(i) a demonstrated ability to work with
other State and community-based agencies;
''(ii) an understanding of respite care and
family caregiver issues; and
''(iii) the capacity to ensure meaningful
involvement of family members, family
caregivers, and care recipients.
''(2) Adult with a special need.--The term 'adult with a
special need' means a person 18 years of age or older who
requires care or supervision to--
''(A) meet the person's basic needs; or
''(B) prevent physical self-injury or injury to
others.
''(3) Child with a special need.--The term 'child with a
special need' means a person less than 18 years of age who
requires care or supervision beyond that required of children
generally to--
''(A) meet the child's basic needs; or
''(B) prevent physical self-injury or injury to
others.
''(4) Family caregiver.--The term 'family caregiver' means
an unpaid family member, a foster parent, or another unpaid
adult, who provides in-home monitoring, management,
supervision, or treatment of a child or adult with a special
need.
''(5) Respite care.--The term 'respite care' means planned
or emergency care provided to a child or adult with a special
need in order to provide temporary relief to the family
caregiver of that child or adult.
''(6) Lifespan respite care.--The term 'lifespan respite
care' means a coordinated system of accessible, community-based
respite care services for family caregivers of children or
adults with special needs.

''SEC. 2903. LIFESPAN RESPITE CARE GRANTS AND COOPERATIVE AGREEMENTS.

''(a) Purposes.--The purposes of this section are--
''(1) to expand and enhance respite care services to family
caregivers;
''(2) to improve the statewide dissemination and
coordination of respite care; and
''(3) to provide, supplement, or improve access and quality
of respite care services to family caregivers, thereby reducing
family caregiver strain.
''(b) Authorization.--Subject to subsection (f), the Secretary is
authorized to award grants or cooperative agreements to eligible
recipients who submit an application pursuant to subsection (d).
''(c) Federal Lifespan Approach.--In carrying out this section, the
Secretary shall work in cooperation with the National Family Caregiver
Support Program Officer of the Administration on Aging, and respite
care program officers in the Administration for Children and Families,
the Administration on Developmental Disabilities, the Maternal and
Child Health Bureau of the Health Resources and Services
Administration, and the Substance Abuse and Mental Health Services
Administration, to ensure coordination of respite care services for
family caregivers of children and adults with special needs.
''(d) Application.--
''(1) Submission.--Each eligible recipient desiring to
receive a grant or cooperative agreement under this section
shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
shall require.
''(2) Contents.--Each application submitted under this
section shall include--
''(A) a description of the applicant's--
''(i) understanding of respite care and
family caregiver issues;
''(ii) capacity to ensure meaningful
involvement of family members, family
caregivers, and care recipients; and
''(iii) collaboration with other State and
community-based public, nonprofit, or private
agencies;
''(B) with respect to the population of family
caregivers to whom respite care information or services
will be provided or for whom respite care workers and
volunteers will be recruited and trained, a description
of--
''(i) the population of family caregivers;
''(ii) the extent and nature of the respite
care needs of that population;
''(iii) existing respite care services for
that population, including numbers of family
caregivers being served and extent of unmet
need;
''(iv) existing methods or systems to
coordinate respite care information and
services to the population at the State and
local level and extent of unmet need;
''(v) how respite care information
dissemination and coordination, respite care
services, respite care worker and volunteer
recruitment and training programs, or training
programs for family caregivers that assist such
family caregivers in making informed decisions
about respite care services will be provided
using grant or cooperative agreement funds;
''(vi) a plan for collaboration and
coordination of the proposed respite care
activities with other related services or
programs offered by public or private,
nonprofit entities, including area agencies on
aging;
''(vii) how the population, including
family caregivers, care recipients, and
relevant public or private agencies, will
participate in the planning and implementation
of the proposed respite care activities;
''(viii) how the proposed respite care
activities will make use, to the maximum extent
feasible, of other Federal, State, and local
funds, programs, contributions, other forms of
reimbursements, personnel, and facilities;
''(ix) respite care services available to
family caregivers in the applicant's State or
locality, including unmet needs and how the
applicant's plan for use of funds will improve
the coordination and distribution of respite
care services for family caregivers of children
and adults with special needs;
''(x) the criteria used to identify family
caregivers eligible for respite care services;
''(xi) how the quality and safety of any
respite care services provided will be
monitored, including methods to ensure that
respite care workers and volunteers are
appropriately screened and possess the
necessary skills to care for the needs of the
care recipient in the absence of the family
caregiver; and
''(xii) the results expected from proposed
respite care activities and the procedures to
be used for evaluating those results; and
''(C) assurances that, where appropriate, the
applicant shall have a system for maintaining the
confidentiality of care recipient and family caregiver
records.
''(e) Review of Applications.--
''(1) Establishment of review panel.--The Secretary shall
establish a panel to review applications submitted under this
section.
''(2) Meetings.--The panel shall meet as often as may be
necessary to facilitate the expeditious review of applications.
''(3) Function of panel.--The panel shall--
''(A) review and evaluate each application
submitted under this section; and
''(B) make recommendations to the Secretary
concerning whether the application should be approved.
''(f) Awarding of Grants or Cooperative Agreements.--
''(1) In general.--The Secretary shall award grants or
cooperative agreements from among the applications approved by
the panel under subsection (e)(3).
''(2) Priority.--When awarding grants or cooperative
agreements under this subsection, the Secretary shall give
priority to applicants that show the greatest likelihood of
implementing or enhancing lifespan respite care statewide.
''(g) Use of Grant or Cooperative Agreement Funds.--
''(1) In general.--
''(A) Mandatory uses of funds.--Each eligible
recipient that is awarded a grant or cooperative
agreement under this section shall use the funds for,
unless such a program is in existence--
''(i) the development of lifespan respite
care at the State and local levels; and
''(ii) an evaluation of the effectiveness
of such care.
''(B) Discretionary uses of funds.--Each eligible
recipient that is awarded a grant or cooperative
agreement under this section may use the funds for--
''(i) respite care services for family
caregivers of children and adults with special
needs;
''(ii) respite care worker and volunteer
training programs; or
''(iii) training programs for family
caregivers to assist such family caregivers in
making informed decisions about respite care
services.
''(C) Evaluation.--If an eligible recipient uses
funds awarded under this section for an activity
described in subparagraph (B), the eligible recipient
shall use funds for an evaluation of the effectiveness
of the activity.
''(2) Subcontracts.--Each eligible recipient that is
awarded a grant or cooperative agreement under this section may
use the funds to subcontract with a public or nonprofit agency
to carry out the activities described in paragraph (1).
''(h) Term of Grants or Cooperative Agreements.--
''(1) In general.--The Secretary shall award grants or
cooperative agreements under this section for terms that do not
exceed 5 years.
''(2) Renewal.--The Secretary may renew a grant or
cooperative agreement under this section at the end of the term
of the grant or cooperative agreement determined under
paragraph (1).
''(i) Supplement, Not Supplant.--Funds made available under this
section shall be used to supplement and not supplant other Federal,
State, and local funds available for respite care services.
''(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2006 through 2010.

''SEC. 2904. NATIONAL LIFESPAN RESPITE RESOURCE CENTER.

''(a) Establishment.--From funds appropriated under subsection (c),
the Secretary shall award a grant or cooperative agreement to a public
or private nonprofit entity to establish a National Resource Center on
Lifespan Respite Care (referred to in this section as the 'center').
''(b) Purposes of the Center.--The center shall--
''(1) maintain a national database on lifespan respite
care;
''(2) provide training and technical assistance to State,
community, and nonprofit respite care programs; and
''(3) provide information, referral, and educational
programs to the public on lifespan respite care.
''(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of fiscal years 2006 through 2010.''.

Ex Output:
Lifespan Respite Care Act of 2005 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants or cooperative agreements to a recommended agency, organization, or political subdivision to develop respite care programs at the state or local level or to evaluate the effectiveness of such care. Defines "respite care" to mean planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver.

Instructs the Secretary to work cooperatively with existing federal respite program officers to ensure coordination of services for family caregivers. Directs the Secretary to: (1) establish a review panel to make recommendations on applicants; and (2) give priority to applicants with the greatest likelihood of implementing or enhancing lifespan respite care statewide. Permits the use of funds for respite care services and training programs for volunteers and family caregivers. Limits grants to five years. Directs the Secretary to award a grant or cooperative agreement to a public or private nonprofit entity to establish the National Resource Center on Lifespan Respite Care to: (1) maintain a national database on lifespan respite care; (2) provide training and technical assistance to state, community, and nonprofit respite care programs; and (3) provide information, referral, and educational programs to the public on lifespan respite care.