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

SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES
TO NONPROFIT ORGANIZATIONS.

(a) Definitions.--In this section:
(1) Business entity.--The term ''business entity'' means a
firm, corporation, association, partnership, consortium, joint
venture, or other form of enterprise.
(2) Facility.--The term ''facility'' means any real
property, including any building, improvement, or appurtenance.
(3) Gross negligence.--The term ''gross negligence'' means
voluntary and conscious conduct by a person with knowledge (at
the time of the conduct) that the conduct is likely to be
harmful to the health or well-being of another person.
(4) Intentional misconduct.--The term ''intentional
misconduct'' means conduct by a person with knowledge (at the
time of the conduct) that the conduct is harmful to the health
or well-being of another person.
(5) Nonprofit organization.--The term ''nonprofit
organization'' means--
(A) any organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code; or
(B) any not-for-profit organization organized and
conducted for public benefit and operated primarily for
charitable, civic, educational, religious, welfare, or
health purposes.
(6) State.--The term ''State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Northern
Mariana Islands, any other territory or possession of the
United States, or any political subdivision of any such State,
territory, or possession.
(b) Limitation on Liability.--
(1) In general.--Subject to subsection (c), a business
entity shall not be subject to civil liability relating to any
injury or death occurring at a facility of the business entity
in connection with a use of such facility by a nonprofit
organization if--
(A) the use occurs outside of the scope of business
of the business entity;
(B) such injury or death occurs during a period
that such facility is used by the nonprofit
organization; and
(C) the business entity authorized the use of such
facility by the nonprofit organization.
(2) Application.--This subsection shall apply--
(A) with respect to civil liability under Federal
and State law; and
(B) regardless of whether a nonprofit organization
pays for the use of a facility.
(c) Exception for Liability.--Subsection (b) shall not apply to an
injury or death that results from an act or omission of a business
entity that constitutes gross negligence or intentional misconduct,
including any misconduct that--
(1) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or act
of international terrorism (as that term is defined in section
2331 of title 18) for which the defendant has been convicted in
any court;
(2) constitutes a hate crime (as that term is used in the
Hate Crime Statistics Act (28 U.S.C. 534 note));
(3) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted in any
court; or
(4) involves misconduct for which the defendant has been
found to have violated a Federal or State civil rights law.
(d) Superseding Provision.--
(1) In general.--Subject to paragraph (2) and subsection
(e), this Act preempts the laws of any State to the extent that
such laws are inconsistent with this Act, except that this Act
shall not preempt any State law that provides additional
protection from liability for a business entity for an injury
or death with respect to which conditions under subparagraphs
(A) through (C) of subsection (b)(1) apply.
(2) Limitation.--Nothing in this Act shall be construed to
supersede any Federal or State health or safety law.
(e) Election of State Regarding Nonapplicability.--This Act shall
not apply to any civil action in a State court against a business
entity in which all parties are citizens of the State if such State
enacts a statute--
(1) citing the authority of this subsection;
(2) declaring the election of such State that this Act
shall not apply to such civil action in the State; and
(3) containing no other provision.
Solution: Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization.
Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law.
Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law.
Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.
Why? This Bill focuses on shielding business entities from civil liability relating to an injury or death depending on the conditions of injury, hence the generated summary is correct.

New input: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Rapid Pathogen Identification to
Delivery of Cures Act''.

SEC. 2. FINDINGS AND POLICY.

(a) Findings.--The Congress finds as follows:
(1) The possibility exists today that terrorists or others
who intend harm to United States forces deployed abroad or to
the homeland will use techniques in biotechnology to enhance
the transmissibility, stability, virulence, or host range of a
biological agent, or to render existing diagnostic,
therapeutic, and vaccine strategies or innate immune responses
against a biological agent less effective.
(2) This possibility will likely grow over time as such
techniques develop, improve, and spread as an inevitable result
of biotechnology innovation.
(3) Natural processes can also lead to the emergence of
previously unknown and harmful pathogens or render known
pathogens resistant to existing diagnostic, therapeutic, or
adaptive immune approaches.
(4) Long delays in developing new and effective responses
to pathogens are typical. The discovery, development, and
approval process for new drugs and vaccines typically requires
10 to 20 years and costs an average of $800 million. These
constraints reflect the long, costly research and development
process, including the failure of most drug or vaccine
candidates to demonstrate favorable characteristics in pre-
clinical testing, as well as the expensive, time-consuming
clinical trials required to prove the safety and effectiveness
of new treatments.
(5) Congress has already authorized the abridgement of the
long testing and approval process required to ensure safety and
efficacy under the emergency conditions of a severe outbreak of
a harmful pathogen. However, it will likely still take years
for even an experimental treatment or vaccine to become
available.
(6) There is no coordinated, focused research and
development program or overall national strategy to achieve
significant and dramatic reductions in the timeframe from the
identification of a pathogen to the development and emergency
approval for human use of reasonably safe and effective new
biodefense medical countermeasures against a previously unknown
or engineered pathogen or toxin.
(7) Even utilizing existing technologies, there is no
organized capability in the public or private sector to rapidly
screen drug candidates for potential therapeutic activity
against pathogens, develop and manufacture drug, biological, or
medical device products, or test already approved treatments
for efficacy against a previously unknown or engineered
biological threat that puts our deployed armed forces or the
homeland at risk.
(8) In the area of infectious disease in particular,
private sector firms are abandoning all types of innovation and
research and development in favor of investments in more
profitable medical markets.
(9) Tremendous potential exists for benefits to health by
concerted, targeted public-private investment to dramatically
reduce the timeframe for the development of new
countermeasures. The pharmaceutical and biotechnology
industries are fundamentally innovative and are quick to
integrate new technologies. Useful and important discoveries
and technological advances will be rapidly absorbed by the
private sector, leading to faster delivery of new medicines and
reductions in the costs of drug development.
(b) Policy.--The Congress hereby declares it to be the national
policy of the United States to promote technological advancements that
will dramatically reduce the timeframe for the development of new
medical countermeasures to treat or prevent disease caused by
infectious disease agents or toxins that, through natural processes or
intentional introduction, may pose a significant risk to public health
now or in the future.

SEC. 3. RAPID BIODEFENSE COUNTERMEASURES DEVELOPMENT NATIONAL STRATEGY.

Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.) (Public Law 107-296) is amended by inserting after section 304
the following section:

''SEC. 304A. RAPID BIODEFENSE COUNTERMEASURES DEVELOPMENT NATIONAL
STRATEGY.

''(a) National Strategy for Shortening the Medical Countermeasure
Development Timeframe.--Not later than 180 days after the date of the
enactment of the Rapid Pathogen Identification to Delivery of Cures
Act, the Secretaries of Homeland Security, Health and Human Services,
and Defense shall submit to Congress a report setting forth a strategy
to achieve dramatic reductions in the timeframe from pathogen
identification to the development and emergency approval for human use
of reasonably safe and effective priority countermeasure against a
novel or unknown pathogen or toxin.
''(b) Elements.--The report under subsection (a) shall include the
following:
''(1) The identification of the technical impediments to
reductions in the timeframe from pathogen identification to
priority countermeasure development and approval under
emergency conditions.
''(2) The identification of the research, development, and
technology needs and clinical research needs to address these
impediments.
''(3) The identification of existing research and
development efforts in Federal agencies, academia and industry
that are addressing the needs identified in subsection (c)(2).
''(4) The identification of facilities, programs and
resources that can be utilized to address these research,
development, and technology needs and clinical research needs
among--
''(A) Federal agencies;
''(B) colleges and universities;
''(C) not-for-profit institutions;
''(D) industry, including information technology,
software, robotics, pharmaceutical and biotechnology
companies and their consortia; and
''(E) foreign research and technological
institutions.
''(5) A proposal for the establishment of a coordinated and
integrated federal program to address these research,
development, and technology needs, including--
''(A) the application of Federal Government
resources, including recommendations for the allocation
and prioritization of Federal funds;
''(B) interagency management and coordination
mechanisms;
''(C) the establishment of partnerships between
private corporations and Federal agencies or Federally
funded entities;
''(D) information and technology sharing and
coordination mechanisms among public, private,
academic, not-for-profit, and international
institutions;
''(E) the use of incentives to promote private
sector participation; and
''(F) the adjustment of Federal regulatory
requirements to promote private sector innovation.
''(6) The identification of potential liability concerns
stemming from distribution of rapidly-developed priority
countermeasures under emergency conditions and a proposal for
regulatory or legislative approaches to eliminating these
concerns.
''(7) A proposal for managing the transfer of new
technologies and associated intellectual property rights.
''(c) Considerations.--In developing the national strategy under
subsection (a), the Secretaries shall consider--
''(1) the research, development, and technology needs and
clinical research needs of the entire pathogen identification
to priority countermeasures discovery, development, production,
and approval process, including--
''(A) initial identification and characterization
of a pathogen or toxin, including the identification of
any genetic or other manipulations;
''(B) priority countermeasures discovery;
''(C) pre-clinical testing and evaluation of
priority countermeasures;
''(D) safety and efficacy animal testing, including
the needs for approval under emergency conditions and
accelerated approval of new priority countermeasure
under the final rule 'New Drug and Biological Drug
Products; Evidence Needed to Demonstrate Effectiveness
of New Drugs When Human Efficacy Studies Are Not
Ethical or Feasible' published in the Federal Register
on May 31, 2002 (67 Fed. Reg. 37988);
''(E) safety and efficacy human testing, including
mechanisms for the conduct of clinical trials under
emergency conditions;
''(F) research-scale and full production-scale
manufacturing, including biologics manufacturing
sciences; and
''(G) the approval of priority countermeasure under
emergency conditions;
''(2) the potential importance of advanced technologies
such as automation, computer modeling and simulation,
bioinformatics, pharmacogenomics, and bioengineering techniques
for manufacturing;
''(3) the availability of sufficient manufacturing capacity
for priority countermeasures production to meet potential
public demand under emergency conditions; and
''(4) the current state of national and international
collaborative research networks and applications to facilitate
and encourage the rapid and coordinated development and sharing
of laboratory and clinical research planning and results.
''(d) Authority to Contract.--The Secretary of Homeland Security,
after consultation with the Secretaries of Health and Human Services
and Defense and the working group established under section 319F(a) of
the Public Health Service Act, may contract with any one or more for-
profit or non-profit firm or institution to conduct the necessary
research and analysis needed to complete any one or more of the
elements described in subsection (b) of the report required in this
section, provided the considerations described in subsection (c) are
met.
''(e) Definitions.--In this section:
''(1) The term 'emergency conditions' refers to a
declaration of emergency under section 564 of the Federal Food,
Drug, and Cosmetic Act.
''(2) The term 'pathogen identification' means the point in
time in which a specific agent that can be reasonably assumed
to be the cause of (or has the potential to be the cause of) an
infectious disease or toxin-induced syndrome has been
identified and partially or wholly characterized
scientifically.
''(3) The term 'priority countermeasure' has the same
meaning given such term in section 319F(h) of the Public Health
Service Act.
''(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $10,000,000
for fiscal year 2005.''.

SEC. 4. CLINICAL RESEARCH UNDER EMERGENCY CONDITIONS.

(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
establish a system for the rapid establishment of clinical research
programs to examine the safety and efficacy of new or existing
treatments for novel, unknown, or bioengineered pathogens or toxins.
The Secretary shall also provide the means for rapid dissemination of
results and recommendations to clinicians nationwide.
(b) Emergency Fund.--A fund is authorized to be established for
use, at the discretion of the Secretary, solely for the support of
clinical research as described in subsection (a).

SEC. 5. INTERAGENCY WORKING GROUP.

Section 319F(a) of the Public Health Service Act, as amended by
Public Law 107-188, is amended--
(1) by inserting ''the Secretary of Homeland Security,''
after ''in coordination with the'';
(2) by redesignating subparagraphs (D) through (L) as
subparagraphs (E) through (M), respectively; and
(3) by inserting after subparagraph (C) the following
subparagraph:
''(D) development of a national strategy to achieve
dramatic reductions in the timeframe from the
identification of a pathogen to the development and
approval for human use under emergency conditions of
priority countermeasures against a novel, unknown, or
engineered pathogen or toxin;''.

SEC. 6. DEVELOPING THE CAPABILITY FOR RAPID BIODEFENSE COUNTERMEASURE
DEVELOPMENT.

(a) Research.--Section 319F(h)(1) of the Public Health Service Act,
as amended by Public Law 107-188, is amended--
(1) in subparagraph (C), by striking ''and'' after the
semicolon;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following
subparagraph:
''(D) the development of a capability to rapidly
identify, develop, produce, and approve for human use
under emergency conditions priority countermeasures
against a novel, unknown, or engineered pathogen or
toxin; and''.
(b) Research and Development at the Department of Defense.--Section
1601(a) of the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136) is amended by adding at the end the following:
''The program shall also include research, development, and procurement
to provide the Federal Government with the capability to rapidly
identify, develop, produce, and approve for human use under emergency
conditions priority countermeasures against a novel, unknown, or
engineered pathogen or toxin, and for which no existing countermeasure
has been determined to be safe or efficacious.''.
(c) Research and Development at the Department of Homeland
Security.--Title III of the Homeland Security Act of 2002, as amended
by section 3 of this Act, is amended by inserting after section 304A
the following section:

''SEC. 304B. DEVELOPING THE CAPABILITY FOR RAPID BIODEFENSE
COUNTERMEASURE DEVELOPMENT.

''The Secretary, in collaboration with the Secretaries of Defense
and Health and Human Services, shall carry out a program for research,
development, and procurement to provide the Federal Government with the
capability to rapidly identify, develop, produce, and approve for human
use under emergency conditions priority countermeasures against a
novel, unknown, or engineered pathogen or toxin, and for which no
existing countermeasure has been determined to be safe or
efficacious.''.
Solution:
Rapid Pathogen Identification to Delivery of Cures Act - Amends the Homeland Security Act of 2002 to require the Secretaries of Homeland Security, Health and Human Services, and Defense to submit a report setting forth a strategy to reduce the time frame from the identification of a pathogen to the development and emergency approval of a safe and effective countermeasure, which should include: (1) technical impediments to reducing this time frame; (2) research, development, and technology needs to address these impediments; (3) existing efforts to address such needs; (4) a proposal to establish a coordinated and integrated Federal program to address such needs; and (5) potential liability concerns stemming from distribution of rapidly developed priority countermeasures.

Allows the Secretary of Homeland Security to contract with any firm or institution to conduct research and analysis needed for this report.

Requires the Secretary of Health and Human Services to establish a system to rapidly: (1) establish clinical research programs to examine the safety and efficacy of treatments for novel, unknown, or bioengineered pathogens; and (2) disseminate results and recommendations to clinicians. Authorizes establishment of a fund to support such clinical research.

Amends the Public Health Service Act to add the Secretary of Homeland Security to the working group on bioterrorism and to require the working group to assist in developing such a strategy.

Requires the Secretaries of Health and Human Services, Defense, and Homeland Security to conduct programs to develop the capability to rapidly identify, develop, produce, and approve countermeasures.