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 ''Women and Children's HIV Protection
Act of 2003''.

SEC. 2. FINDINGS.

The Congress finds as follows:
(1) Perinatal transmission is the leading cause of
pediatric HIV infections, including AIDS cases.
(2) The Centers for Disease Control and Prevention
(''CDC'') estimates that nearly 7,000 HIV-infected women give
birth in the United States each year and as many as 400 babies
continue to be born with HIV infection each year.
(3) Medical advances have made it possible to nearly
eliminate perinatal HIV transmission.
(4) Research studies have demonstrated that the
administration of antiviral medication during pregnancy, during
labor, and immediately following birth can significantly reduce
the transmission of HIV from an infected mother to her baby.
Caesarean section further reduces the risk of transmission.
(5) Even if treatment begins shortly after birth,
antiretroviral therapy can substantially reduce the chance that
an HIV-exposed infant will become infected.
(6) Breastfeeding by HIV-infected mothers poses additional
significant risk of infection to babies.
(7) The Institute of Medicine (''IOM'') has recommended the
adoption of a national policy of universal HIV testing, with
patient notification, as a routine component of prenatal care.
However, 15 percent of HIV-infected pregnant women receive no
prenatal care according to the IOM.
(8) The CDC has recommended since 1995 that all pregnant
women be counseled and offered voluntary HIV testing. Yet
nearly half of pregnant women are still not tested according to
the CDC. The CDC has found that mandatory testing of newborns
and universal HIV testing of pregnant woman are the best
approaches for identifying, treating, and preventing HIV among
pregnant women and children.
(9) The American Medical Association recommends mandatory
HIV testing of all newborns with appropriate treatment for
affected mothers and children.
(10) Testing newborns whose mothers' status is unknown
ensures that every child at risk for HIV is identified.
(11) More than a third of the HIV infections that occur
annually among newborns in the United States could be prevented
with routine HIV testing of pregnant woman or newborns
according to a 2002 report by the Inspector General of the
Department of Health and Human Services. This represents over
100 babies born every year that are needlessly infected.
(12) The provision of testing of pregnant women and
newborns with appropriate counseling and treatment can
significantly reduce the number of pediatric HIV infections,
including AIDS cases, can improve access to and medical care
for the woman and children, and can provide opportunities to
further reduce transmission among adults.
(13) The provision of such testing, counseling, and
treatment can reduce the overall cost of pediatric HIV
infections, including AIDS cases.
(14) New York State has required mandatory HIV counseling
and voluntary testing for pregnant women and mandatory HIV
testing of all newborns since February 1997. As a result, the
perinatal HIV transmission rate in the State has dropped from
25 percent to an all time low of 3.5 percent and over 99
percent of HIV-infected women and their children have been linked to
care.
(15) For the foregoing reasons--
(A) universal routine HIV testing of pregnant women
and newborns should be the standard of care; and
(B) the relevant medical organizations, as well as
public health officials, should issue guidelines making
such testing, counseling, and treatment the standard of
care.

SEC. 3. GRANTS REGARDING COUNSELING AND TESTING OF PREGNANT WOMEN AND
NEWBORN INFANTS.

Subpart II of part B of title XXVI of the Public Health Service Act
(42 U.S.C. 300ff-33 et seq.) is amended by inserting after section 2625
the following section:

''SEC. 2625A. GRANTS REGARDING COUNSELING AND TESTING OF PREGNANT WOMEN
AND NEWBORN INFANTS.

''(a) In General.--Of the amounts appropriated under section 2677
for a fiscal year for carrying out this part, exclusive of amounts
available for grants under section 2618(a)(2)(I), the Secretary,
subject to subsection (b)(2), shall reserve $82,875,000 for making
grants to each State that demonstrates that the law or regulations of
the State are in accordance with the following:
''(1) That all pregnant women receiving prenatal care in
the State be offered counseling and testing regarding HIV
disease.
''(2) In the case of prenatal testing for such disease that
is conducted in the State, that the results of such testing be
promptly disclosed to the pregnant woman involved.
''(3) In the case of newborn infants who are born in the
State and whose biological mothers have not undergone prenatal
testing for HIV disease, that each such infant undergo testing
for such disease.
''(4) That the results of such testing of a newborn infant
be promptly disclosed in accordance with the following, as
applicable to the infant involved:
''(A) To the biological mother of the infant
(without regard to whether she is the legal guardian of
the infant).
''(B) If the State is the legal guardian of the
infant:
''(i) To the appropriate official of the
State agency with responsibility for the care
of the infant.
''(ii) To the appropriate official of each
authorized agency providing assistance in the
placement of the infant.
''(iii) If the authorized agency is giving
significant consideration to approving an
individual as a foster parent of the infant, to
the prospective foster parent.
''(iv) If the authorized agency is giving
significant consideration to approving an
individual as an adoptive parent of the infant,
to the prospective adoptive parent.
''(C) If neither the biological mother nor the
State is the legal guardian of the infant, to another
legal guardian of the infant.
''(D) To the child's health care provider.
''(5) That, in disclosing the test results to an individual
under paragraph (2) or (4), appropriate counseling on HIV
disease and appropriate referrals for health care be offered to
the individual (except in the case of a disclosure to an
official of a State or an authorized agency, or to a health
care provider).''.
''(b) Date Certain for Making Grants; Limitation on Reservation of
Funds.--
''(1) Date certain for making grants.--Not later than the
end of the three-month period beginning on the date on which
appropriations first become available for a fiscal year for
grants under section 2611, the Secretary shall make grants
under subsection (a) for such fiscal year to all States that
seek such grants and meet the condition described in such
subsection for the grants.
''(2) Limitation on reservation of funds.--Effective upon
the expiration of the period described in paragraph (1) with
respect to a fiscal year, the unobligated portion of the amount
reserved under subsection (a) for the fiscal year is available
for grants under section 2611 for the fiscal year.
''(c) Amount of Grants.--Each grant under subsection (a) for a
fiscal year shall be made in the amount of $1,500,000, except that the
amount of such a grant for a territory of the United States shall be
$375,000.
''(d) Authorized Expenditures.--A grant under subsection (a) may be
expended for any purpose for which a grant under 2611 is authorized to
be expended.
''(e) Definitions.--For purposes of this section, the terms 'State'
and 'territory of the United States' have the meanings that apply to
such terms for purposes of grants under section 2611 (including the
meanings that apply for purposes of section 2618).''.

SOLUTION: Women and Children's HIV Protection Act of 2003 - Amends the Public Health Service Act to provide for grants regarding the counseling and testing of pregnant women and newborn infants out of moneys appropriated under the care grant program. Prohibits making a grant to a State unless the State demonstrates that the law or regulations of the State require specified testing and services for pregnant women and newborn infants regarding HIV disease.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Scientifically Identifying the Need
for Critical Habitat Act''.

SEC. 2. DISCRETIONARY AUTHORITY TO DESIGNATE CRITICAL HABITAT.

Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C.
1533(a)(3)(A)) is amended to read as follows:
''(A) may designate any habitat of a species that is
determined under paragraph (1) to be an endangered species or
threatened species as critical habitat of such species; and ''.

SEC. 3. SOUND SCIENCE.

(a) Best Scientific and Commercial Data Available.--
(1) In general.--Section 3 of the Endangered Species Act of
1973 (16 U.S.C. 1532) is amended--
(A) by amending the section heading to read as
follows:

''SEC. 3. DEFINITIONS AND GENERAL PROVISIONS. '';

(B) by striking ''For the purposes of this Act--''
and inserting the following:
''(a) Definitions.--In this Act:''; and
(C) by adding at the end the following:
''(b) Use of Certain Data.--In any case in which the Secretary is
required by this Act to use the best scientific and commercial data
available, the Secretary, in evaluating comparable data, shall give
greater weight to scientific or commercial data that is empirical or
has been field-tested or peer-reviewed.''.
(2) Conforming amendment.--The table of contents in the
first section of the Endangered Species Act of 1973 (16 U.S.C.
prec. 1531) is amended by striking the item relating to section
3 and inserting the following:

''Sec. 3. Definitions and general provisions.''.
(b) Use of Sound Science in Listing.--Section 4(b) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding
at the end the following:
''(9) Establishment of criteria for scientific studies to
support listing.--Not later than 1 year after the date of
enactment of this paragraph, the Secretary shall promulgate
regulations that establish criteria that must be met for
scientific and commercial data to be used as the basis of a
determination under this section that a species is an
endangered species or a threatened species.
''(10) Field data.--
''(A) Requirement.--The Secretary may not determine
that a species is an endangered species or a threatened
species unless the determination is supported by data
obtained by observation of the species in the field.
''(B) Data from landowners.--The Secretary shall--
''(i) accept and acknowledge receipt of
data regarding the status of a species that is
collected by an owner of land through
observation of the species on the land; and
''(ii) include the data in the rulemaking
record compiled for any determination that the
species is an endangered species or a
threatened species.''.
(c) Use of Sound Science in Recovery Planning.--Section 4(f) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(f)) is amended by adding
at the end the following:
''(6)(A) The Secretary shall identify and publish in the Federal
Register with the notice of a proposed regulation pursuant to paragraph
(5)(A)(i) a description of additional scientific and commercial data
that would assist in the preparation of a recovery plan and--
''(i) invite any person to submit the data to the
Secretary; and
''(ii) describe the steps that the Secretary plans to take
for acquiring additional data.
''(B) Data identified and obtained under subparagraph (A)(i) shall
be considered by the recovery team and the Secretary in the preparation
of the recovery plan in accordance with section 5.''.

SEC. 4. PEER REVIEW.

Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is
amended by adding at the end the following:
''(j) Independent Scientific Review Requirements.--
''(1) Definitions.--In this subsection:
''(A) Action.--The term 'action' means--
''(i) the determination that a species is
an endangered species or a threatened species
under subsection (a);
''(ii) the determination under subsection
(a) that an endangered species or a threatened
species be removed from any list published
under subsection (c)(1);
''(iii) the development of a recovery plan
for a threatened species or endangered species
under subsection (f); and
''(iv) the determination that a proposed
action is likely to jeopardize the continued
existence of a listed species and the proposal
of any reasonable and prudent alternatives by
the Secretary under section 7(b)(3).
''(B) Qualified individual.--The term 'qualified
individual' means an individual with expertise in the
biological sciences--
''(i) who through publication of peer-
reviewed scientific literature or other means,
has demonstrated scientific expertise on the
species or a similar species or other
scientific expertise relevant to the decision
of the Secretary under subsection (a) or (f);
''(ii) who does not have, or represent any
person with, a conflict of interest with
respect to the determination that is the
subject of the review;
''(iii) who is not a participant in any
petition or proposed or final determination
before the Secretary; and
''(iv) who has no direct financial
interest, and is not employed by any person
with a direct financial interest, in opposing
the action under consideration.
''(2) List of independent scientific reviewers.--The
Secretary shall solicit recommendations from the National
Academy of Sciences and develop and maintain a list of
qualified reviewers to participate in independent scientific
review actions.
''(3) Appointment of independent scientific reviewers.--(A)
Before any action shall become final, the Secretary shall
appoint randomly, from among the list prepared in accordance
with this section, 3 qualified individuals who shall review and
report to the Secretary on the scientific information and
analyses on which the proposed action is based.
''(B) The selection and activities of the referees selected
pursuant to this section shall not be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
''(C) Reviewers shall be compensated for conducting the
independent review.
''(4) Opinion of peer reviewers.--Independent reviewers
shall provide the Secretary, within 3 months, their opinion
regarding all relevant scientific information and assumptions
relating to the taxonomy, population models, and supportive
biological and ecological information for the species in
question.
''(5) Final determination.--If the referees have made a
recommendation on a proposed action, the Secretary shall
evaluate and consider the information that results from the
independent scientific review and include in the final
determination--
''(A) a summary of the results of the independent
scientific review; and
''(B) in a case in which the recommendation of a
majority of the referees who conducted the independent
scientific review is not followed, an explanation as to
why the recommendation was not followed.
''(6) Public notice.--The report of the peer reviewers
shall be included in the official record of the proposed action
and shall be available for public review prior to the close of
the comment period on the proposed action.''.

SEC. 5. IMPROVED RECOVERY PLANNING.

(a) Use of Information Provided by States.--Section 7(b)(1) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended by
adding at the end the following:
''(C) Use of state information.--In conducting a
consultation under subsection (a)(2), the Secretary
shall actively solicit and consider information from
the State agency in each affected State.''.
(b) Opportunity to Participate in Consultations.--Section 7(b)(1)
of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) (as
amended by subsection (a)) is further amended by adding at the end the
following:
''(D) Opportunity to participate in
consultations.--
''(i) In general.--In conducting a
consultation under subsection (a)(2), the
Secretary shall provide any person who has
sought authorization or funding from a Federal
agency for an action that is the subject of the
consultation, the opportunity to--
''(I) before the development of a
draft biological opinion, submit and
discuss with the Secretary and the
Federal agency information relevant to
the effect of the proposed action on
the species and the availability of
reasonable and prudent alternatives (if
a jeopardy opinion is to be issued)
that the Federal agency and the person
can take to avoid violation of
subsection (a)(2);
''(II) receive information, on
request, subject to the exemptions
specified in section 552(b) of title 5,
United States Code, on the status of
the species, threats to the species,
and conservation measures, used by the
Secretary to develop the draft
biological opinion and the final
biological opinion, including the
associated incidental taking
statements; and
''(III) receive a copy of the draft
biological opinion from the Federal
agency and, before issuance of the
final biological opinion, submit
comments on the draft biological
opinion and discuss with the Secretary
and the Federal agency the basis for
any finding in the draft biological
opinion.
''(ii) Explanation.--If reasonable and
prudent alternatives are proposed by a person
under clause (i) and the Secretary does not
include the alternatives in the final
biological opinion, the Secretary shall explain
to the person why those alternatives were not
included in the opinion.
''(iii) Public access to information.--
Comments and other information submitted to, or
received from, any person (pursuant to clause
(i)) who seeks authorization or funding for an
action shall be maintained in a file for that
action by the Secretary and shall be made
available to the public (subject to the
exemptions specified in section 552(b) of title
5, United States Code).''.

SOLUTION: Scientifically Identifying the Need for Critical Habitat Act - Amends the Endangered Species Act of 1973 to change from mandatory to discretionary the authority of the Secretary of the Interior to designate critical habitat of an endangered or threatened species.

Directs the Secretary, when required by the Act to use the best scientific and commercial data available, in evaluating comparable data to give greater weight to such data that is empirical or has been field-tested or peer-reviewed.

Specifies requirements for the use of sound science in the listing of endangered or threatened species such as: (1) the establishment of criteria for scientific studies to support the listing; (2) use of data obtained by observation of the species in the field; and (3) use of data from landowners who have observed such species on their land. Requires the use of sound science in the preparation of a recovery plan for an endangered or threatened species.

Sets forth requirements for: (1) peer review before certain action can become final with respect to endangered or threatened species; and (2) use of information provided by States affected by such species or their habitat for recovery plans.

PROBLEM: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Worker Ownership, Readiness, and
Knowledge Act'' or the ''WORK Act''.

SEC. 2. WORKER OWNERSHIP, READINESS, AND KNOWLEDGE.

(a) Definitions.--In this section:
(1) Existing program.--The term ''existing program'' means
a program, designed to promote employee ownership and employee
participation in business decisionmaking, that exists on the
date the Secretary is carrying out a responsibility authorized
by this section.
(2) Initiative.--The term ''Initiative'' means the Employee
Ownership and Participation Initiative established under
subsection (b).
(3) New program.--The term ''new program'' means a program,
designed to promote employee ownership and employee
participation in business decisionmaking, that does not exist
on the date the Secretary is carrying out a responsibility
authorized by this section.
(4) Secretary.--The term ''Secretary'' means the Secretary
of Labor, acting through the Assistant Secretary for Employment
and Training.
(5) State.--The term ''State'' means any of the 50 States
within the United States of America.
(b) Employee Ownership and Participation Initiative.--
(1) Establishment.--The Secretary of Labor shall establish
within the Employment and Training Administration of the
Department of Labor an Employee Ownership and Participation
Initiative to promote employee ownership and employee
participation in business decisionmaking.
(2) Functions.--In carrying out the Initiative, the
Secretary shall--
(A) support within the States existing programs
designed to promote employee ownership and employee
participation in business decisionmaking; and
(B) facilitate within the States the formation of
new programs designed to promote employee ownership and
employee participation in business decisionmaking.
(3) Duties.--To carry out the functions enumerated in
paragraph (2), the Secretary shall--
(A) support new programs and existing programs by--
(i) making Federal grants authorized under
subsection (d); and
(ii)(I) acting as a clearinghouse on
techniques employed by new programs and
existing programs within the States, and
disseminating information relating to those
techniques to the programs; or
(II) funding projects for information
gathering on those techniques, and
dissemination of that information to the
programs, by groups outside the Employment and
Training Administration; and
(B) facilitate the formation of new programs, in
ways that include holding or funding an annual
conference of representatives from States with existing
programs, representatives from States developing new
programs, and representatives from States without
existing programs.
(c) Programs Regarding Employee Ownership and Participation.--
(1) Establishment of program.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall
establish a program to encourage new and existing programs
within the States, designed to foster employee ownership and
employee participation in business decisionmaking throughout
the United States.
(2) Purpose of program.--The purpose of the program
established under paragraph (1) is to encourage new and
existing programs within the States that focus on--
(A) providing education and outreach to inform
employees and employers about the possibilities and
benefits of employee ownership, business ownership
succession planning, and employee participation in
business decisionmaking, including providing
information about financial education, employee teams,
open-book management, and other tools that enable
employees to share ideas and information about how
their businesses can succeed;
(B) providing technical assistance to assist
employee efforts to become business owners, to enable
employers and employees to explore and assess the
feasibility of transferring full or partial ownership
to employees, and to encourage employees and employers
to start new employee-owned businesses;
(C) training employees and employers with respect
to methods of employee participation in open-book
management, work teams, committees, and other
approaches for seeking greater employee input; and
(D) training other entities to apply for funding
under this subsection, to establish new programs, and
to carry out program activities.
(3) Program details.--The Secretary may include, in the
program established under paragraph (1), provisions that--
(A) in the case of activities under paragraph
(2)(A)--
(i) target key groups such as retiring
business owners, senior managers, unions, trade
associations, community organizations, and
economic development organizations;
(ii) encourage cooperation in the
organization of workshops and conferences; and
(iii) prepare and distribute materials
concerning employee ownership and
participation, and business ownership
succession planning;
(B) in the case of activities under paragraph
(2)(B)--
(i) provide preliminary technical
assistance to employee groups, managers, and
retiring owners exploring the possibility of
employee ownership;
(ii) provide for the performance of
preliminary feasibility assessments;
(iii) assist in the funding of objective
third-party feasibility studies and preliminary
business valuations, and in selecting and
monitoring professionals qualified to conduct
such studies; and
(iv) provide a data bank to help employees
find legal, financial, and technical advice in
connection with business ownership;
(C) in the case of activities under paragraph
(2)(C)--
(i) provide for courses on employee
participation; and
(ii) provide for the development and
fostering of networks of employee-owned
companies to spread the use of successful
participation techniques; and
(D) in the case of training under paragraph
(2)(D)--
(i) provide for visits to existing programs
by staff from new programs receiving funding
under this section; and
(ii) provide materials to be used for such
training.
(4) Guidance.--The Secretary shall issue formal guidance,
for recipients of grants awarded under subsection (d) and one-
stop partners affiliated with the statewide workforce
investment systems described in section 106 of the Workforce
Investment Act of 1998 (29 U.S.C. 2881), proposing that
programs and other activities funded under this section be--
(A) proactive in encouraging actions and activities
that promote employee ownership of, and participation
in, businesses; and
(B) comprehensive in emphasizing both employee
ownership of, and participation in, businesses so as to
increase productivity and broaden capital ownership.
(d) Grants.--
(1) In general.--In carrying out the program established
under subsection (c), the Secretary may make grants for use in
connection with new programs and existing programs within a
State for any of the following activities:
(A) Education and outreach as provided in
subsection (c)(2)(A).
(B) Technical assistance as provided in subsection
(c)(2)(B).
(C) Training activities for employees and employers
as provided in subsection (c)(2)(C).
(D) Activities facilitating cooperation among
employee-owned firms.
(E) Training as provided in subsection (c)(2)(D)
for new programs provided by participants in existing
programs dedicated to the objectives of this section,
except that, for each fiscal year, the amount of the
grants made for such training shall not exceed 10
percent of the total amount of the grants made under
this section.
(2) Amounts and conditions.--The Secretary shall determine
the amount and any conditions for a grant made under this
subsection. The amount of the grant shall be subject to
paragraph (6), and shall reflect the capacity of the applicant
for the grant.
(3) Applications.--Each entity desiring a grant under this
subsection shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as
the Secretary may reasonably require.
(4) State applications.--Each State may sponsor and submit
an application under paragraph (3) on behalf of any local
entity consisting of a unit of State or local government,
State-supported institution of higher education, or nonprofit
organization, meeting the requirements of this section.
(5) Applications by entities.--
(A) Entity applications.--If a State fails to
support or establish a program pursuant to this section
during any fiscal year, the Secretary shall, in the
subsequent fiscal years, allow local entities described
in paragraph (4) from that State to make applications
for grants under paragraph (3) on their own initiative.
(B) Application screening.--Any State failing to
support or establish a program pursuant to this section
during any fiscal year may submit applications under
paragraph (3) in the subsequent fiscal years but may
not screen applications by local entities described in
paragraph (4) before submitting the applications to the
Secretary.
(6) Limitations.--A recipient of a grant made under this
subsection shall not receive, during a fiscal year, in the
aggregate, more than the following amounts:
(A) For fiscal year 2013, $300,000.
(B) For fiscal year 2014, $330,000.
(C) For fiscal year 2015, $363,000.
(D) For fiscal year 2016, $399,300.
(E) For fiscal year 2017, $439,200.
(7) Annual report.--For each year, each recipient of a
grant under this subsection shall submit to the Secretary a
report describing how grant funds allocated pursuant to this
subsection were expended during the 12-month period preceding
the date of the submission of the report.
(e) Evaluations.--The Secretary is authorized to reserve not more
than 10 percent of the funds appropriated for a fiscal year to carry
out this section, for the purposes of conducting evaluations of the
grant programs identified in subsection (d) and to provide related
technical assistance.
(f) Reporting.--Not later than the expiration of the 36-month
period following the date of enactment of this Act, the Secretary shall
prepare and submit to Congress a report--
(1) on progress related to employee ownership and
participation in businesses in the United States; and
(2) containing an analysis of critical costs and benefits
of activities carried out under this section.
(g) Authorizations of Appropriations.--
(1) In general.--There are authorized to be appropriated
for the purpose of making grants pursuant to subsection (d) the
following:
(A) For fiscal year 2013, $3,850,000.
(B) For fiscal year 2014, $6,050,000.
(C) For fiscal year 2015, $8,800,000.
(D) For fiscal year 2016, $11,550,000.
(E) For fiscal year 2017, $14,850,000.
(2) Administrative expenses.--There are authorized to be
appropriated for the purpose of funding the administrative
expenses related to the Initiative, for each of fiscal years
2013 through 2017, an amount not in excess of--
(A) $350,000; or
(B) 5.0 percent of the maximum amount available
under paragraph (1) for that fiscal year.

SOLUTION:
Worker Ownership, Readiness, and Knowledge Act or WORK Act - Directs the Secretary of Labor, acting through the Assistant Secretary for Employment and Training, to establish within the Employment and Training Administration an Employee Ownership and Participation Initiative to promote employee ownership and employee participation in business decisionmaking.

Requires the Secretary to establish a program, which may include grants for outreach, technical assistance, and training, to encourage new and existing state programs designed to foster employee ownership and employee participation in business decisionmaking throughout the United States.

Requires the Secretary to report to Congress on progress related to employee ownership and participation in U.S. businesses.