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 ``Health Empowerment Zone Act of 
2009''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Designation of health empowerment zones.
Sec. 5. Assistance to those seeking designation.
Sec. 6. Benefits of designation.
Sec. 7. Definition.
Sec. 8. Authorization of appropriations.

SEC. 3. FINDINGS.

    (a) Findings.--The Congress finds the following:
            (1) Numerous studies and reports, including the National 
        Healthcare Disparities Report and Unequal Treatment, the 2002 
        Institute of Medicine Report, document the extensiveness to 
        which health disparities exist across the country.
            (2) These studies have found that, on average, racial and 
        ethnic minorities are disproportionately afflicted with chronic 
        and acute conditions--such as cancer, diabetes, and 
        hypertension--and suffer worse health outcomes, worse health 
        status, and higher mortality rates than their White 
        counterparts.
            (3) Several recent studies also show that health 
        disparities are a function of not only access to health care, 
        but also the social determinants of health--including the 
        environment, the physical structure of communities, nutrition 
        and food options, educational attainment, employment, race, 
        ethnicity, geography, and language preference--that directly 
        and indirectly affect the health, health care, and wellness of 
        individuals and communities.
            (4) Integrally involving and fully supporting the 
        communities most affected by health inequities in the 
        assessment, planning, launch, and evaluation of health 
        disparity elimination efforts is among the leading 
        recommendations made to adequately address and ultimately 
        reduce health disparities.
            (5) Recommendations also include supporting the efforts of 
        community stakeholders from a broad cross section--including, 
        but not limited to local businesses, local departments of 
        commerce, education, labor, urban planning, and transportation, 
        and community-based and other nonprofit organizations--to find 
        areas of common ground around health disparity elimination and 
        collaborate to improve the overall health and wellness of a 
        community and its residents.

SEC. 4. DESIGNATION OF HEALTH EMPOWERMENT ZONES.

    (a) In General.--At the request of an eligible community 
partnership, the Secretary may designate an eligible area as a health 
empowerment zone.
    (b) Eligibility Criteria.--
            (1) Eligible community partnership.--A community 
        partnership is eligible to submit a request under this section 
        if the partnership--
                    (A) demonstrates widespread public support from key 
                individuals and entities in the eligible area, 
                including State and local governments, nonprofit 
                organizations, and community and industry leaders, for 
                designation of the eligible area as a health 
                empowerment zone; and
                    (B) includes representatives of--
                            (i) a broad cross section of stakeholders 
                        and residents from communities in the eligible 
                        area experiencing disproportionate disparities 
                        in health status and health care; and
                            (ii) organizations, facilities, and 
                        institutions that have a history of working 
                        within and serving such communities.
            (2) Eligible area.--An area is eligible to be designated as 
        a health empowerment zone under this section if one or more 
        communities in the area experience disproportionate disparities 
        in health status and health care. In determining whether a 
        community experiences such disparities, the Secretary shall 
        consider the data collected by the Department of Health and 
        Human Services focusing on the following areas:
                    (A) Access to high-quality health services.
                    (B) Arthritis, osteoporosis, and chronic back 
                conditions.
                    (C) Cancer.
                    (D) Chronic kidney disease.
                    (E) Diabetes.
                    (F) Injury and violence prevention.
                    (G) Maternal, infant, and child health.
                    (H) Medical product safety.
                    (I) Mental health and mental disorders.
                    (J) Nutrition and overweight.
                    (K) Disability and secondary conditions.
                    (L) Educational and community-based health 
                programs.
                    (M) Environmental health.
                    (N) Family planning.
                    (O) Food safety.
                    (P) Health communication.
                    (Q) Health disease and stroke.
                    (R) HIV/AIDS.
                    (S) Immunization and infectious diseases.
                    (T) Occupational safety and health.
                    (U) Oral health.
                    (V) Physical activity and fitness.
                    (W) Public health infrastructure.
                    (X) Respiratory diseases.
                    (Y) Sexually transmitted diseases.
                    (Z) Substance abuse.
                    (AA) Tobacco use.
                    (BB) Vision and hearing.
    (c) Procedure.--
            (1) Request.--A request under subsection (a) shall--
                    (A) describe the bounds of the area to be 
                designated as a health empowerment zone and the process 
                used to select those bounds;
                    (B) demonstrate that the partnership submitting the 
                request is an eligible community partnership described 
                in subsection (b)(1);
                    (C) demonstrate that the area is an eligible area 
                described in subsection (b)(2);
                    (D) include a comprehensive assessment of 
                disparities in health status and health care experience 
                by one or more communities in the area;
                    (E) set forth--
                            (i) a vision and a set of values for the 
                        area; and
                            (ii) a comprehensive and holistic set of 
                        goals to be achieved in the area through 
                        designation as a health empowerment zone; and
                    (F) include a strategic plan for achieving the 
                goals described in subparagraph (E)(ii).
            (2) Approval.--Not later than 60 days after the receipt of 
        a request for designation of an area as a health empowerment 
        zone under this section, the Secretary shall approve or 
        disapprove the request.
    (d) Minimum Number.--The Secretary--
            (1) shall designate not more than 110 health empowerment 
        zones under this section; and
            (2) shall designate at least one health empowerment zone in 
        each of the several States, the District of Columbia, and each 
        territory or possession of the United States.

SEC. 5. ASSISTANCE TO THOSE SEEKING DESIGNATION.

    At the request of any organization or entity seeking to submit a 
request under section 4(a), the Secretary shall provide technical 
assistance, and may award a grant, to assist such organization or 
entity--
            (1) to form an eligible community partnership described in 
        subsection (b)(1);
            (2) to complete a health assessment, including an 
        assessment of health disparities under subsection (c)(1)(D); or
            (3) to prepare and submit a request, including a strategic 
        plan, in accordance with section 4.

SEC. 6. BENEFITS OF DESIGNATION.

    (a) Priority.--In awarding any competitive grant, a Federal 
official shall give priority to any applicant that--
            (1) meets the eligibility criteria for the grant;
            (2) proposes to use the grant for activities in a health 
        empowerment zone; and
            (3) demonstrates that such activities will directly and 
        significantly further the goals of the strategic plan approved 
        for such zone under section 4.
    (b) Grants for Initial Implementation of Strategic Plan.--
            (1) In general.--Upon designating an eligible area as a 
        health empowerment zone at the request of an eligible community 
        partnership, the Secretary shall, subject to the availability 
        of appropriations, make a grant to the community partnership 
        for implementation of the strategic plan for such zone.
            (2) Grant period.--A grant under paragraph (1) for a health 
        empowerment zone shall be for a period of 2 years and may be 
        renewed, except that the total period of grants under paragraph 
        (1) for such zone may not exceed 10 years.
            (3) Limitation.--In awarding grants under this subsection, 
        the Secretary shall not give less priority to an applicant or 
        reduce the amount of a grant because the Secretary rendered 
        technical assistance or made a grant to the same applicant 
        under section 5.
            (4) Reporting.--The Secretary shall require each recipient 
        of a grant under this subsection to report to the Secretary not 
        less than every 6 months on the progress in implementing the 
        strategic plan for the health empowerment zone.

SEC. 7. DEFINITION.

    In this Act, the term ``Secretary'' means the Secretary of Health 
and Human Services, acting through the Administrator of the Health 
Resources and Services Administration and the Director of the Office of 
Minority Health, and in cooperation with the Director of the Office of 
Community Services and the Director of the National Center for Minority 
Health and Health Disparities.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    To carry out this Act, there is authorized to be appropriated 
$100,000,000 for fiscal year 2010.

SOLUTION: Health Empowerment Zone Act of 2009 - Authorizes the Secretary of Health and Human Services (HHS), at the request of a broad-based community partnership, to designate a community that experiences disproportionate disparities in health status and health care as a health empowerment zone. Requires federal officials to give priority in awarding competitive grants to grants used in or benefiting a health empowerment zone.

Directs the Secretary to provide: (1) technical assistance (or grants) to entities seeking to form a community partnership or obtain a health empowerment zone designation for a community; and (2) grants to community partnerships for implementation of the strategic plan for a health empowerment zone.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Right to Try Act''.

SEC. 2. USE OF UNAPPROVED MEDICAL PRODUCTS BY PATIENTS DIAGNOSED WITH A 
              TERMINAL ILLNESS.

    (a) In General.--Notwithstanding the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 301 et seq.), the Controlled Substances Act (21 
U.S.C. 801 et seq.), and any other provision of Federal law, the 
Federal Government shall not take any action to prohibit or restrict--
            (1) the production, manufacture, distribution, prescribing, 
        or dispensing of an experimental drug, biological product, or 
        device that--
                    (A) is intended to treat a patient who has been 
                diagnosed with a terminal illness; and
                    (B) is authorized by, and in accordance with, State 
                law; and
            (2) the possession or use of an experimental drug, 
        biological product, or device--
                    (A) that is described in subparagraphs (A) and (B) 
                of paragraph (1); and
                    (B) for which the patient has received a 
                certification from the patient's treating physician in 
                accordance with subsection (b).
    (b) Physician Certification.--A certification by the patient's 
treating physician referred to in subsection (a)(2)(B) must include 
each of the following:
            (1) A certification that the physician--
                    (A) is in good standing with the physician's 
                certifying organization or board; and
                    (B) has personally examined the patient.
            (2) A certification that there is no reason to conclude the 
        experimental drug, biological product, or device poses an 
        unreasonable and significant risk of danger to the patient.
            (3) A certification that the patient has been diagnosed 
        with a terminal disease or condition and does not have any 
        treatment options that--
                    (A) are comparable to treatment using the 
                experimental drug, biological product, or device or 
                otherwise satisfactory; and
                    (B) are approved, licensed, or cleared for 
                commercial distribution under section 505, 510(k), or 
                515 of the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 355, 360(k), 360(e)) or section 351 of the 
                Public Health Service Act (42 U.S.C. 262) and are 
                available to diagnose, monitor, or treat the patient's 
                disease or condition.
            (4) A certification that the probable risk to the patient 
        from the experimental drug, biological product, or device is 
        not greater than the probable risk from the patient's disease 
        or condition.
            (5) A certification that the physician has provided the 
        patient with a written statement and oral explanation of the 
        medical treatment to be provided using the experimental drug, 
        biological product, or device.
            (6) An acknowledgement signed by the patient (or the 
        patient's legal representative) that the physician has provided 
        the written statement and oral explanation required by 
        paragraph (5), and has disclosed the following:
                    (A) That the medical treatment using the 
                experimental drug, biological product, or device is 
                experimental or nonconventional.
                    (B) That the experimental drug, biological product, 
                or device has not been approved, licensed, or cleared 
                for commercial distribution under section 505, 510(k), 
                or 515 of the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 355, 360(k), 360(e)) or section 351 of the 
                Public Health Service Act (42 U.S.C. 262) for any 
                indication.
                    (C) The material risks generally recognized by a 
                reasonably prudent physician of the medical treatment's 
                side effects.
                    (D) An explanation of the medical treatment, 
                including the expected frequency and duration of the 
                treatment.
    (c) No Liability or Use of Outcomes.--
            (1) No liability.--Notwithstanding any other provision of 
        law, no liability shall lie against a producer, manufacturer, 
        distributor, prescriber, dispenser, possessor, or user of an 
        experimental drug, biological product, or device for the 
        production, manufacture, distribution, prescribing, dispensing, 
        possession, or use of an experimental drug, biological product, 
        or device that is in compliance, with subsection (a).
            (2) No use of outcomes.--Notwithstanding any other 
        provision of law, the outcome of any production, manufacture, 
        distribution, prescribing, dispensing, possession, or use of an 
        experimental drug, biological product, or device that was done 
        in compliance with subsection (a) shall not be used by a 
        Federal agency reviewing the experimental drug, biological 
        product, or device to delay or otherwise adversely impact 
        review or approval of such experimental drug, biological 
        product, or device.
    (d) Rules of Construction.--Nothing in this Act shall be construed 
to--
            (1) require a manufacturer or other person to make 
        available any experimental drug, biological product, or device; 
        or
            (2) prohibit a manufacturer or other person from receiving 
        compensation or recovering costs for the production, 
        manufacture, distribution, or sale of an experiment drug, 
        biological product, or device.
    (e) Definitions.--In this section:
            (1) Biological product.--The term ``biological product'' 
        has the meaning given to such term in section 351 of the Public 
        Health Service Act (42 U.S.C. 262).
            (2) Device; drug.--The terms ``device'' and ``drug'' have 
        the meanings given to such terms in section 201 of the Federal 
        Food, Drug, and Cosmetic Act (21 U.S.C. 321).
            (3) Experimental drug, biological product, or device.--The 
        term ``experimental drug, biological product, or device'' means 
        a drug, biological product, or device that--
                    (A) has successfully completed a phase 1 clinical 
                investigation;
                    (B) remains under investigation in a clinical trial 
                approved by the Food and Drug Administration; and
                    (C) is not approved, licensed, or cleared for 
                commercial distribution under section 505, 510(k), or 
                515 of the Federal Food, Drug, and Cosmetic Act (21 
                U.S.C. 355, 360(k), 360(e)) or section 351 of the 
                Public Health Service Act (42 U.S.C. 262).
            (4) Phase 1 clinical investigation.--The term ``phase 1 
        clinical investigation'' means a phase 1 clinical 
        investigation, as described in section 312.21 of title 21, Code 
        of Federal Regulations (or any successor regulations).
            (5) Terminal illness.--The term ``terminal illness'' has 
        the meaning given to such term in the State law specified in 
        subsection (a)(1)(B).

SOLUTION: Right to Try Act This bill requires the federal government to allow unrestricted manufacturing, distribution, prescribing, and dispensing of experimental drugs, biological products, and medical devices that are authorized by state law and intended to treat terminally ill patients. Patients receiving these treatments must be certified by a physician as having exhausted all other treatment options and as being at greater risk from their medical condition than the treatment. The physician must explain the treatment to the patient, including that the treatment is experimental, and the patient, or the patient's legal representative, must acknowledge the explanation. A manufacturer, distributor, prescriber, dispenser, possessor, or user of such a treatment has no liability regarding the treatment. The outcome of manufacture, distribution, prescribing, dispensing, possession, or use of such a treatment may not be used by a federal agency to adversely impact review or approval of the treatment. The treatment must: (1) have successfully completed a phase 1 (initial, small scale) clinical trial; (2) remain under investigation in a clinical trial approved by the Food and Drug Administration (FDA); and (3) not be approved, licensed, or cleared for sale by the FDA.  

PROBLEM: SECTION 1. SHORT TITLE.

    This section may be cited as the ``Floodplain Maps Moratorium 
Act''.

SEC. 2. 5-YEAR DELAY IN EFFECTIVE DATE OF MANDATORY PURCHASE 
              REQUIREMENT FOR NEW FLOOD HAZARD AREAS.

    (a) In General.--Section 102 of the Flood Disaster Protection Act 
of 1973 (42 U.S.C. 4012a) is amended by adding at the end the following 
new subsections:
    ``(i) Delayed Effective Date of Mandatory Purchase Requirement for 
New Flood Hazard Areas.--
            ``(1) In general.--In the case of any area that was not 
        previously designated as an area having special flood hazards 
        and that, pursuant to any issuance, revision, updating, or 
        other change in flood insurance maps that takes effect on or 
        after September 30, 2007, becomes designated as an area having 
        special flood hazards, if each State and local government 
        having jurisdiction over any portion of the geographic area has 
        complied with paragraph (2), such designation shall not take 
        effect for purposes of subsection (a), (b), or (e) of this 
        section, or section 202(a) of this Act, until the expiration of 
        the 5-year period beginning upon the date that such maps, as 
        issued, revised, update, or otherwise changed, become 
        effective.
            ``(2) Notice requirements.--A State or local government 
        shall be considered to have complied with this paragraph with 
        respect to any geographic area described in paragraph (1) only 
        if the State or local government has, before the effective date 
        of the issued, revised, updated, or changed maps, and in 
        accordance with such standards as shall be established by the 
        Director--
                    ``(A) developed an evacuation plan to be 
                implemented in the event of flooding in such portion of 
                the geographic area; and
                    ``(B) developed and implemented an outreach and 
                communication plan to advise occupants in such portion 
                of the geographic area of potential flood risks, 
                appropriate evacuation routes under the evacuation plan 
                referred to in subparagraph (A), the opportunity to 
                purchase flood insurance, and the consequences of 
                failure to purchase flood insurance.
            ``(3) Rule of construction.--Nothing in paragraph (1) may 
        be construed to affect the applicability of a designation of 
        any area as an area having special flood hazards for purposes 
        of the availability of flood insurance coverage, criteria for 
        land management and use, notification of flood hazards, 
        eligibility for mitigation assistance, or any other purpose or 
        provision not specifically referred to in paragraph (1).
    ``(j) Availability of Preferred Risk Rating Method Premiums.--The 
preferred risk rate method premium shall be available for flood 
insurance coverage for properties located in areas referred to in 
subsection (i)(1) and during the time period referred to in subsection 
(i)(1).''.
    (b) Conforming Amendment.--The second sentence of subsection (h) of 
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4101(h)) is amended by striking ``Such'' and inserting ``Except for 
notice regarding a change described in section 102(i)(1) of the Flood 
Disaster Protection Act of 1973 (42 U.S.C. 4012a(i)(1)), such''.
    (c) No Refunds.--Nothing in this section or the amendments made by 
this section may be construed to authorize or require any payment or 
refund for flood insurance coverage purchased for any property that 
covered any period during which such coverage is not required for the 
property pursuant to the applicability of the amendment made by 
subsection (a).

SEC. 3. NOTIFICATION TO HOMEOWNERS REGARDING MANDATORY PURCHASE 
              REQUIREMENT APPLICABILITY.

    Section 201 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 
4105) is amended by adding at the end the following new subsection:
    ``(f) Annual Notification.--The Director, in consultation with 
affected communities, shall establish and carry out a plan to notify 
residents of areas having special flood hazards, on an annual basis--
            ``(1) that they reside in such an area;
            ``(2) of the geographical boundaries of such area;
            ``(3) of the provisions of section 102 requiring purchase 
        of flood insurance coverage for properties located in such an 
        area, including the date on which such provisions apply with 
        respect to such area, taking into consideration section 102(i); 
        and
            ``(4) of a general estimate of what similar homeowners in 
        similar areas typically pay for flood insurance coverage.''.

SEC. 4. NOTIFICATION OF ESTABLISHMENT OF FLOOD ELEVATIONS.

    Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4101) is amended by adding at the end the following new subsection:
    ``(k) Notification to Members of Congress of Map Modernization.--
Upon any revision or update of any floodplain area or flood-risk zone 
pursuant to subsection (f), any decision pursuant to subsection (f)(1) 
that such revision or update is necessary, any issuance of preliminary 
maps for such revision or updating, or any other significant action 
relating to any such revision or update, the Director shall notify the 
Senators for each State affected, and each Member of the House of 
Representatives for each congressional district affected, by such 
revision or update in writing of the action taken.''.

SEC. 5. REVIEW OF FLOOD MAP CHANGES BY AFFECTED COMMUNITIES.

    Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4101), as amended by section 3, is further amended by adding at the end 
the following new subsection:
    ``(l) Review of Flood Map Changes by Affected Communities.--Not 
later than three years before the date on which a flood insurance rate 
map change or revision becomes effective, the Director shall notify 
each community affected by such map change or revision, including each 
State and local government with jurisdiction over an area affected by 
such map change or revision, and provide each such community and each 
such State and local government with an opportunity to review such map 
change or revision and propose modifications to such map change or 
revision.''.

SEC. 6. REVIEW OF FLOOD MAP METHODOLOGY.

    Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4101), as amended by section 4, is further amended by adding at the end 
the following new subsection:
    ``(m) Review of Flood Map Methodology.--Not less than once every 
ten years, the Comptroller General of the United States shall conduct a 
review of the methodology used to issue or revise flood insurance rate 
maps and submit the results of such review to Congress and the 
Director.''.

SEC. 7. APPEALS.

    (a) Television and Radio Announcement.--Section 1363 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4104) is amended--
            (1) in subsection (a), by inserting after 
        ``determinations'' by inserting the following: ``by notifying a 
        local television and radio station,''; and
            (2) in the first sentence of subsection (b), by inserting 
        before the period at the end the following: ``and shall notify 
        a local television and radio station at least once during the 
        same 10-day period''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply with respect to any flood elevation determination for any area in 
a community that has not, as of the date of the enactment of this Act, 
been issued a Letter of Final Determination for such determination 
under the flood insurance map modernization process.

SEC. 8. STUDY ON REPAYING FLOOD INSURANCE DEBT.

    Not later than the expiration of the 6-month period beginning on 
the date of the enactment of this Act, the Administrator of the Federal 
Emergency Management Agency shall submit a report to the Congress 
setting forth a plan for repaying within 10 years all amounts, 
including any amounts previously borrowed but not yet repaid, owed 
pursuant to clause (2) of subsection (a) of section 1309 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)(2)).

SOLUTION:
Floodplain Maps Moratorium Act - Amends the Flood Disaster Protection Act of 1973 to delay for five years the requirement to purchase flood insurance for properties in a new flood hazard area if the area's state or local government has developed a flood evacuation plan and meets other specified criteria. Makes the preferred risk rate method premium available for flood insurance coverage of such properties.

Directs the Director of the Federal Emergency Management Agency (FEMA) to establish and implement a plan to notify annually residents of areas having special flood hazards regarding the mandatory purchase requirement.

Amends the National Flood Insurance Act of 1968 to require the Director to: (1) notify the pertinent Members of Congress as well as the affected communities and their state and local governments about any decision to make a floodplain area or flood-risk zone revision, and (2) provide each such community and state and local government with an opportunity to review and propose modifications to a flood insurance map change or revision.

Requires the Comptroller General to review the methodology used to issue or revise flood insurance rate maps.

Requires the Director to notify a local television and radio station about proposed or published flood elevation determinations.

Directs the Administrator of FEMA to report to Congress a plan for repaying within 10 years all unpaid presidentially approved flood insurance program debt.