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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Federal Response to Energy
Emergencies Act of 2005''.

SEC. 2. UNCONSCIONABLE PRICING OF GASOLINE, OIL, NATURAL GAS, AND
PETROLEUM DISTILLATES DURING EMERGENCIES.

(a) Unconscionable Pricing.--
(1) In general.--During any energy emergency declared by
the President under section 3, it is unlawful for any person to
sell crude oil, gasoline, natural gas, or petroleum distillates
in, or for use in, the area to which that declaration applies
at a price that--
(A) is unconscionably excessive; or
(B) indicates the seller is taking unfair advantage
of the circumstances to increase prices unreasonably.
(2) Factors considered.--In determining whether a violation
of paragraph (1) has occurred, there shall be taken into
account, among other factors, whether--
(A) the amount charged represents a gross disparity
between the price of the crude oil, gasoline, natural
gas, or petroleum distillate sold and the price at
which it was offered for sale in the usual course of
the seller's business immediately prior to the energy
emergency; or
(B) the amount charged grossly exceeds the price at
which the same or similar crude oil, gasoline, natural
gas, or petroleum distillate was readily obtainable by
other purchasers in the area to which the declaration
applies.
(3) Mitigating factors.--In determining whether a violation
of paragraph (1) has occurred, there also shall be taken into
account, among other factors, whether the price at which the
crude oil, gasoline, natural gas, or petroleum distillate was
sold reasonably reflects additional costs, not within the
control of the seller, that were paid or incurred by the
seller.
(b) False Pricing Information.--It is unlawful for any person to
report information related to the wholesale price of crude oil,
gasoline, natural gas, or petroleum distillates to the Federal Trade
Commission if--
(1) that person knew, or reasonably should have known, the
information to be false or misleading;
(2) the information was required by law to be reported; and
(3) the person intended the false or misleading data to
affect data compiled by that department or agency for
statistical or analytical purposes with respect to the market
for crude oil, gasoline, natural gas, or petroleum distillates.
(c) Market Manipulation.--It is unlawful for any person, directly
or indirectly, to use or employ, in connection with the purchase or
sale of crude oil, gasoline, natural gas, or petroleum distillates at
wholesale, any manipulative or deceptive device or contrivance, in
contravention of such rules and regulations as the Federal Trade
Commission may prescribe as necessary or appropriate in the public
interest or for the protection of United States citizens.
(d) Rulemaking.--Not later than 180 days after the date of the
enactment of this Act, the Federal Trade Commission shall promulgate
rules necessary and appropriate to enforce this section.

SEC. 3. DECLARATION OF ENERGY EMERGENCY.

(a) In General.--If the President finds that the health, safety,
welfare, or economic well-being of the citizens of the United States is
at risk because of a shortage or imminent shortage of adequate supplies
of crude oil, gasoline, natural gas, or petroleum distillates due to a
disruption of the national distribution system for crude oil, gasoline,
natural gas, or petroleum distillates (including such a shortage
related to a major disaster (as defined in section 102(2) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122))), or significant pricing anomalies in national or regional
energy markets for crude oil, gasoline, natural gas, or petroleum
distillates of a more than transient nature, the President may declare
that a Federal energy emergency exists.
(b) Scope and Duration.--The declaration shall apply to the Nation,
a geographical region, or 1 or more States, as determined by the
President, but may not be in effect for a period of more than 45 days.
(c) Extensions.--The President may--
(1) extend a declaration under subsection (a) for a period
of not more than 45 days; and
(2) extend such a declaration more than once.

SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

(a) Enforcement by FTC.--A violation of section 2 shall be treated
as a violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission
shall enforce this Act in the same manner, by the same means, and with
the same jurisdiction as though all applicable terms and provisions of
the Federal Trade Commission Act were incorporated into and made a part
of this Act. In enforcing section 2(a) of this Act, the Commission
shall give priority to enforcement actions concerning companies with
total United States wholesale or retail sales of crude oil, gasoline,
and petroleum distillates in excess of $500,000,000 per year.
(b) Civil Penalties.--
(1) In general.--Notwithstanding the penalties set forth
under the Federal Trade Commission Act, any person who violates
this Act shall be subject to the following penalties:
(A) Price gouging; unjust profits.--Any person who
violates section 2(a) of this Act shall be subject to--
(i) a fine of not more than 3 times the
amount of profits gained by such person through
such violation; or
(ii) a fine of not more than $3,000,000.
(B) False information; market manipulation.--Any
person who violates section 2(b) or 2(c) of this Act
shall be subject to a civil penalty of not more than
$1,000,000.
(2) Method of assessment.--The penalties provided by
paragraph (1) shall be assessed in the same manner as civil
penalties imposed under section 5 of the Federal Trade
Commission Act (15 U.S.C. 45).
(3) Multiple offenses; mitigating factors.--In assessing
the penalty provided by subsection (a)--
(A) each day of a continuing violation shall be
considered a separate violation; and
(B) the Federal Trade Commission shall take into
consideration the seriousness of the violation and the
efforts of the person committing the violation to
remedy the harm caused by the violation in a timely
manner.

SEC. 5. CRIMINAL PENALTIES.

Any person who violates section 2 or any rule or order issued
thereunder shall be fined under title 18, United States Code--
(1) if a corporation, not to exceed $100,000,000; or
(2) if any other person, not to exceed $1,000,000, or
imprisoned for not more than 10 years, or both.

SEC. 6. ENFORCEMENT AT RETAIL LEVEL BY STATE ATTORNEYS GENERAL.

(a) In General.--A State, as parens patriae, may bring a civil
action on behalf of its residents in an appropriate district court of
the United States to enforce the provisions of section 2(a) of this
Act, or to impose the civil penalties authorized by section 4(b)(1)(B),
whenever the attorney general of the State has reason to believe that
the interests of the residents of the State have been or are being
threatened or adversely affected by a violation of this Act or a
regulation under this Act.
(b) Notice.--The State shall serve written notice to the Federal
Trade Commission of any civil action under subsection (a) prior to
initiating such civil action. The notice shall include a copy of the
complaint to be filed to initiate such civil action, except that if it
is not feasible for the State to provide such prior notice, the State
shall provide such notice immediately upon instituting such civil
action.
(c) Authority to Intervene.--Upon receiving the notice required by
subsection (b), the Federal Trade Commission may intervene in such
civil action and upon intervening--
(1) be heard on all matters arising in such civil action;
and
(2) file petitions for appeal of a decision in such civil
action.
(d) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this section shall prevent the attorney
general of a State from exercising the powers conferred on the attorney
general by the laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the attendance of
witnesses or the production of documentary and other evidence.
(e) Venue; Service of Process.--In a civil action brought under
subsection (a)--
(1) the venue shall be a judicial district in which--
(A) the defendant operates;
(B) the defendant was authorized to do business; or
(C) where the defendant in the civil action is
found;
(2) process may be served without regard to the territorial
limits of the district or of the State in which the civil
action is instituted; and
(3) a person who participated with the defendant in an
alleged violation that is being litigated in the civil action
may be joined in the civil action without regard to the
residence of the person.
(f) Limitation on State Action While Federal Action Is Pending.--If
the Federal Trade Commission has instituted a civil action or an
administrative action for violation of this Act, no State attorney
general, or official or agency of a State, may bring an action under
this subsection during the pendency of that action against any
defendant named in the complaint of the Federal Trade Commission or the
other agency for any violation of this Act alleged in the complaint.
(g) Enforcement of State Law.--Nothing contained in this section
shall prohibit an authorized State official from proceeding in State
court to enforce a civil or criminal statute of such State.

SEC. 7. LOW INCOME ENERGY ASSISTANCE.

Amounts collected in fines and penalties under sections 4 or 5 of
this Act shall be deposited in a separate fund in the treasury to be
known as the Consumer Relief Trust Fund. To the extent provided for in
advance in appropriations Acts fund shall be used to provide assistance
under the Low Income Home Energy Assistance Program administered by the
Secretary of Health and Human Services.

SEC. 8. EFFECT ON OTHER LAWS.

(a) Other Authority of Federal Trade Commission.--Nothing in this
Act shall be construed to limit or affect in any way the Federal Trade
Commission's authority to bring enforcement actions or take any other
measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
or any other provision of law.
(b) State Law.--Nothing in this Act preempts any State law.

SEC. 9. MARKET TRANSPARENCY FOR CRUDE OIL, GASOLINE, AND PETROLEUM
DISTILLATES.

(a) In General.--The Federal Trade Commission shall facilitate
price transparency in markets for the sale of crude oil and essential
petroleum products at wholesale, having due regard for the public
interest, the integrity of those markets, fair competition, and the
protection of consumers.
(b) Marketplace Transparency.--
(1) Dissemination of information.--In carrying out this
section the Federal Trade Commission shall provide by rule for
the dissemination, on a timely basis, of information about the
availability and prices of wholesale crude oil, gasoline, and
petroleum distillates to the Federal Trade Commission, States,
wholesale buyers and sellers, and the public.
(2) Protection of public from anticompetitive activity.--In
determining the information to be made available under this
section and time to make the information available, the Federal
Trade Commission shall seek to ensure that consumers and
competitive markets are protected from the adverse effects of
potential collusion or other anticompetitive behaviors that can
be facilitated by untimely public disclosure of transaction-
specific information.
(3) Protection of market mechanisms.--The Federal Trade
Commission shall withhold from public disclosure under this
section any information the Commission determines would, if
disclosed, be detrimental to the operation of an effective
market or jeopardize system security.
(c) Information Sources.--
(1) In general.--In carrying out subsection (b), the
Federal Trade Commission may--
(A) obtain information from any market participant;
and
(B) rely on entities other than the Commission to
receive and make public the information, subject to the
disclosure rules in subsection (b)(3).
(2) Published data.--In carrying out this section, the
Federal Trade Commission shall consider the degree of price
transparency provided by existing price publishers and
providers of trade processing services, and shall rely on such
publishers and services to the maximum extent possible.
(3) Electronic information systems.--The Federal Trade
Commission may establish an electronic information system if it
determines that existing price publications are not adequately
providing price discovery or market transparency. Nothing in
this section, however, shall affect any electronic information
filing requirements in effect under this Act as of the date of
enactment of this section.
(4) De minimus exception.--The Federal Trade Commission may
not require entities who have a de minimus market presence to
comply with the reporting requirements of this section.
(d) Cooperation With Other Federal Agencies.--
(1) Memorandum of understanding.--Within 180 days after the
date of enactment of this Act, the Federal Trade Commission
shall conclude a memorandum of understanding with the Commodity
Futures Trading Commission and other appropriate agencies (if
applicable) relating to information sharing, which shall
include provisions--
(A) ensuring that information requests to markets
within the respective jurisdiction of each agency are
properly coordinated to minimize duplicative
information requests; and
(B) regarding the treatment of proprietary trading
information.
(2) CFTC jurisdiction.--Nothing in this section may be
construed to limit or affect the exclusive jurisdiction of the
Commodity Futures Trading Commission under the Commodity
Exchange Act (7 U.S.C. 1 et seq.).
(e) Rulemaking.--Within 180 days after the date of enactment of
this Act, the Federal Trade Commission shall initiate a rulemaking
proceeding to establish such rules as the Commission determines to be
necessary and appropriate to carry out this section.

SEC. 10. REPORT ON UNITED STATES ENERGY EMERGENCY PREPAREDNESS.

(a) Potential Impacts Report.--Within 30 days after the date of
enactment of this Act, the Federal Trade Commission shall transmit to
the Congress a confidential report describing the potential impact on
domestic prices of crude oil, residual fuel oil, and refined petroleum
products that would result from the disruption for periods of 1 week, 1
year, and 5 years, respectively, of not less than--
(1) 30 percent of United States oil production;
(2) 20 percent of United States refinery capacity; and
(3) 5 percent of global oil supplies.
(b) Projections and Possible Remedies.--The President shall include
in the report--
(1) projections of the impact any such disruptions would be
likely to have on the United States economy; and
(2) detailed and prioritized recommendations for remedies
under each scenario covered by the report.

SEC. 11. PROTECTIVE ACTION TO PREVENT FUTURE DISRUPTIONS OF SUPPLY.

The Secretary of Energy and the Energy Information Administration
shall review expenditures by, and activities undertaken by, companies
with total United States wholesale or retail sales of crude oil,
gasoline, and petroleum distillates in excess of $500,000,000 per year
to protect the energy supply system from terrorist attacks,
international supply disruptions, and natural disasters, and ensure a
stable and reasonably priced supply of such products to consumers in
the United States, and, not later than 180 days after the date of the
enactment of this title, shall transmit a report of their findings to
Congress. Such report shall include an assessment of the companies'
preparations for the forecasted period of more frequent and more
intense hurricane activity in the Gulf of Mexico and other vulnerable
coastal areas.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.

A: Federal Response to Energy Emergencies Act of 2005 - Declares unlawful: (1) unconscionable pricing of gasoline, oil, natural gas, and petroleum distillates during emergencies; (2) intentional reporting of false price information concerning wholesale prices of such products; and (3) market manipulation regarding the purchase or sale at wholesale of such products.

Authorizes the President to declare a federal energy emergency upon finding that the national health, safety, welfare, or economic well-being is at risk because of an actual or imminent shortage of such products due to a disruption of the national distribution system, or significant pricing anomalies in national or regional energy markets for the products.

Empowers the Federal Trade Commission (FTC) and State Attorneys General to enforce this Act.

Sets forth civil and criminal penalties for violations of this Act.

Requires fines and penalties collected under this Act to be deposited in a separate fund in the treasury to be known as the Consumer Relief Trust Fund to provide assistance under the Low Income Home Energy Assistance Program.

Directs the FTC to facilitate price transparency in wholesale markets for the sale of crude oil and essential petroleum products.

Instructs the FTC to transmit a confidential report to Congress on the potential impact on domestic prices of crude oil, residual fuel oil, and refined petroleum products that would result from the disruption for periods of one week, one year, and five years, respectively.

Directs the Secretary of Energy and the Energy Information Administration to review and report to Congress on expenditures and activities undertaken by certain size companies to protect the energy supply system from terrorist attacks, international supply disruptions, and natural disasters, and ensure a stable and reasonably priced supply of such products to consumers in the United States.

Requires such report to assess the companies' preparations for the forecasted period of more frequent and more intense hurricane activity in the Gulf of Mexico and other vulnerable coastal areas.
****
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Bankruptcy Amendments of 1993''.

SEC. 2. AMENDMENTS.

(a) Who May Be a Debtor Under Chapter 13.--Section 109(e) of title
11, United States Code, is amended--
(1) by striking '', unsecured debts of less than $100,000
and noncontingent, liquidated, secured debts of less than
$350,000'' and inserting ''debts of less than $1,000,000'', and
(2) by striking '', unsecured debts that aggregate less
than $100,000 and noncontingent, liquidated, secured debts of
less than $350,000'' and inserting ''debts of less than
$1,000,000''.
(b) Automatic Stay.--The last sentence of section 362(e) of title
11, United States Code, is amended--
(1) by striking ''commenced'' and inserting ''concluded'',
and
(2) by inserting before the period at the end the
following:
''unless the 30-day period is extended with the consent of the parties
in interest or for a specific time that the court finds is required by
compelling circumstances''.
(c) Exemptions.--(1) Section 522(a) of title 11, United States
Code, is amended--
(A) in paragraph (1) by striking ''and'' at the end,
(B) by redesignating paragraph (2) as paragraph (3), and
(C) by inserting after paragraph (1) the following:
''(2) 'household goods' means furnishings, appliances,
linens, china, cookery, kitchenware, and personal effects, but
does not include--
''(A) works of art;
''(B) electronic entertainment equipment other than
one television and one radio;
''(C) jewelry (other than wedding and engagement
rings); and
''(D) antiques purchased by the debtor; and''.
(2) Section 522(d)(3) of title 11, United States Code, is amended--
(A) by striking ''household furnishings,'', and
(B) by striking ''appliances,''.
(3) Section 522(f)(2) of title 11, United States Code, is amended--
(A) by striking ''household furnishings,'', and
(B) by striking ''appliances,''.
(d) Exceptions to Discharge.--Section 523(a) of title 11, United
States Code, is amended--
(1) in paragraph (2)--
(A) by amending subparagraph (A) to read as
follows:
''(A) actual fraud, use of a credit card or other
access device to a revolving line of credit without the
intent to repay, or false pretenses or false
representations made or published with reckless
disregard for their truth or accuracy;''
(B) in subparagraph (B)(iv) by striking ''intent to
deceive'' and inserting ''reckless disregard for its
truth or accuracy'', and
(C) in subparagraph (C)--
(i) by striking ''$500'' and inserting
''$100'', and
(ii) by striking ''forty days'' and
inserting ''60 days'', and
(2) by amending paragraph (6) to read as follows:
''(6) for injury to another entity or property of another
entity resulting from the debtor's reckless disregard of such
entity's right or property interests;''.
(e) Effect of Discharge.--The third sentence of section 524(d) of
title 11, United States Code, is amended in the matter preceding
paragraph (1) by inserting ''and was not represented by an attorney
during the course of negotiating such agreement'' after ''this
section''.
(f) Preferences.--Section 547(c)(3)(B) of title 11, United States
Code, is amended by striking ''10'' and inserting ''20''.
(g) Contents of Plan.--Section 1322(b)(2) of title 11, United
States Code, is amended to read as follows:
''(2) modify the rights of the holders of secured claims,
but the plan may not modify a claim pursuant to section 506 of
a person holding a senior or a junior security interest in real
property that is the debtor's principal residence, except that
the plan may modify the claim of a person holding such a junior
security interest that was undersecured at the time the
interest attached to the extent that the interest remains
undersecured;''.
(h) Contents of Plan.--(1) Section 1322(c) of title 11, United
States Code, is amended to read as follows:
''(c) The plan may not provide for payments over a period that is
longer than 5 years.''.
(2) Section 1325(b)(1)(B) of title 11, United States Code, is
amended by striking ''three-year'' and inserting ''5-year''.
(3) Section 1329(c) of title 11, United States Code, is amended to
read as follows:
''(c) A plan modified under this section may not provide for
payments over a period that expires more than 5 years after the date
that the first payment under the original confirmed plan was due.''.
(i) Confirmation Hearing.--Section 1324 of title 11, United States
Code, is amended--
(1) by striking ''After'' and inserting ''(a) Except as
provided in subsection (b) and after'', and
(2) by adding at the end the following:
''(b) If a creditor objects not later than 5 days after receiving
notice of a hearing on confirmation of the plan, the hearing on
confirmation of the plan may be held only after the expiration of the
10-day period beginning on the date of the first meeting of creditors
under section 341(a).''.
(j) Payments.--Section 1326(c) of title 11, United States Code, is
amended by inserting ''timely'' after ''payments''.

SEC. 3. ANNUAL COMPILATION OF STATISTICAL INFORMATION REGARDING
BANKRUPTCY CASES.

Not later than June 30 of each year, the Administrative Office of
the United States Courts shall compile and make available to the public
statistical information with respect to cases in which a discharge is
entered under title 11 of the United States Code in the preceding
calendar year. Such information shall include--
(1) the liabilities and value of assets of the debtors in
such cases as of the order for relief,
(2) the monthly income and living expenses of such debtors,
as estimated by such debtors,
(3) the aggregate amount of debts discharged, and the
aggregate payments made to creditors, as of the date of
discharge, and
(4) the time elapsed between the filing of such cases and
the date of the first payment to a creditor under a plan
confirmed in such cases.

SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall not apply with respect to cases commenced under title 11 of the
United States Code before the date of the enactment of this Act.

A: Bankruptcy Amendments of 1993 - Amends Federal bankruptcy law to raise to $1 million the ceiling on debts for eligibility to file as a chapter 13 debtor (bankrupt consumer repayment of debt under court supervision). (Currently the ceiling is $100,000 for unsecured debts, or $350,000 for certain secured debts.) Modifies the guidelines for: (1) chapter 13 bankruptcies; (2) automatic stays; (3) exemptions; (4) discharges; and (5) preferences.
Directs the Administrative Office of the United States Courts to compile and make available to the public statistical information regarding bankruptcy cases.
****
Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Adult Day Achievement Center
Enhancement Act''.

SEC. 2. FINDINGS.

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

SEC. 3. ESTABLISHMENT OF ADULT DAY PROGRAMS.

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

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

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